HomeMy WebLinkAbout36-18 17 Main StreetFee: $450.00
C7( DI
i`5. i 47 U k_1 ; Fes..
14 CL".RK"
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
Zoning Board of Appeals
AUG 17 2018
RECEIVED
File Nov /9-
Owner's
name(s): MICHAEL SCOTT REALTY CORP
Mailing address: 17 MAIN STREET, NANTUCKET, MA 02554
Phone Number: 508-280-2354 E -Mail:
Applicant's name(s): (SAME)
Mailing Address:
Phone Numb
Locus Address: 17 MAIN STREET/2 SOUTH WATER STREET
Assessor's Map/Parcel: 42.3.1-177 & 178
Land Court Plan/Plan Book & Page/Plan File No.: 2017-16, UNITS 1-3
Deed Reference/Certificate of Title: 1580/290 Zoning District CDT
Uses on Lot- Commercial: None Yes (describe) _ RETAIL ',V0 L98Y 5#C -b
Residential: Number of dwellings Duplex Apartments 2
Date of Structure(s): all pre -date 7/72 X or
Building Permit Numbers:
Previous Zoning Board Application Numbers: 087-86; 109-87; 024-90; 049-92; 097-07
2 Fairgrounds Roa d Nantucket Massachusett s 02554
508-228-7215 telephone 508-228-7298 facsimil e
State below or attach a separate addendum of specific special permits or variance relief applying for:
(SEE ATTACHED ADDENDUM)
I certify that the information contained herein is substantially complete and true to the
best of my knowledge, under the a. and penalties of perjury.
SIGNATURE: Owner*
SIGNATURE:
pplicant/Attorney/Agent*
*If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency.
OFFICE USE ONLY
Application received on: / / By: Complete: Need Copies:
Filed with Town Clerk: _/_/_ Planning Board:_/_/_ Building Dept.:_/_/_ By:_
Fee deposited with Town Treasurer:_/_/_ By: Waiver requested.
Granted: / / Hearing notice posted with Town Clerk:—/—/ Mailed:
I&M / / & / / Hearing(s) held on: / / Opened on: / /_
Continued to: / / Withdrawn: / / Decision Due By:
Made: / / Filed w/Town Clerk: / / Mailed: /
2 Fairgrounds Roa d Nantucket Massachusett s 02554
508-228-7215 telephone 508-228-7298 facsimil e
ADDENDUM
Applicant is seeking rescission of Decisions and conditions noted below due to the change in zoning
affecting this property. The property had been located in the Residential -Commercial zoning district and
several years ago the downtown was changed to Commercial -Downtown ("CDT' with different
dimensional, parking, loading and use requirements. The Decision are listed below:
#087-86: Applicant is seeking rescission of all references to elements of the Special Permit relief previously
granted specifically related to Zoning By-law Sections 139-18 (Parking requirements); 139-19 (Loading
Zone) and 139-7C(2)(g) (Accessory apartment) as relief is no longer necessary in the CDT for those
aspects. In addition, Applicant is seeking to vacate all conditions contained in said Decision. Retail use is
allowed as a matter of right without requiring limits as to how many retail units may be contained in one
structure due to lack of provision of parking and loading spaces (condition "a'�. There is no longer a
requirement for any apartment in the structure to be restricted to year-round use as an accessory unit
(condition "c"). The maximum side yard setback requirement has been changed from five feet to zero feet
along Coal Lane (condition "d"). Condition "b" is no longer needed as all alterations to the building have
been approved by the Historic District Commission and complied with. Special Permit relief pursuant to
Section 139-33A for the expansion of the structure should remain in place as that work was done and relief
was needed for the work.
#109-87: Applicant is seeking rescission of the Decision in its entirety. No relief is now required for items
placed within the westerly side yard setback area. Special Permit relief was granted in said Decision to allow
placement of structures within the formerly required five-foot setback area. However, with the change in
zoning to the CDT the side yard setback allowed is now zero. Thus, relief and the conditions contained in
said Decision are not longer necessary.
#024-90: Applicant is seeking rescission of the Decision in its entirety. No relief is necessary as parking is
no longer required for retail uses in the CDT and retail and office uses are allowed as a matter of right
without requiring parking/loading. In addition, Applicant is seeking to vacate the condition contained
therein that the retail be operated on a year-round basis.
#049-92: Applicant is seeking rescission of the Decision in its entirety. No parking relief is necessary as
parking is no longer required for retail/office/gallery uses in the CDT. Uses allowed as a matter of right
are no longer limited by parking and loading zone requirements. In addition, Applicant is seeking to vacate
the conditions contained therein restricting number and nature of commercial units in the structure as well
as the requirement that one unit be limited to year-round use.
#097-07: Applicant is seeking rescission of the Decision in its entirety as no longer necessary, which
includes vacating the conditions contained therein. Arguably the Decision has expired as the work was
never done and no building permit was ever issued within three years from the date of filing with the
Town Clerk January 10, 2008.
2 Fairgrounds Roa d Nantucket Massachusett s 02554
508-228-7215 telephone 508-228-7298 facsimil e
town ano uounry OT IvamuCKet, MH
Nom,
42. `24223
16 2 211 2 2.4.2
hZ Dpi¢
s
71
HUIJUS[ lb, LUlti
OP 17
2D fGH 2.3.1 01'
9. a e
O
33.1 2 -
^' 42
� ` .1.
2.3. 9 3 s
4I 3 25
CHESTNUt ST `4213 531e
23 6 �L 15 2. 3 ~ 42.31252 16
.. �. 21 P ✓r ��.*� ' • j 9�s 14 . •. t2 142 123 i2
4• . .1 72 . i'- <rt .!"
10 O 42:3.3 17 6
• 441
74
F•P - 42.3 26
14
5 14 3.. • t1.10 s� — • . �'� 3.1 2 •. 11 •• �, 10
2.
14R e�� V•.."•" ap5t
2.3.1137 r EM .r 9'� C!'•." - 1 I 5 •%'� •51t[l
:� SR
• _••. 2. 1 Y
338 16
r •'� 2. 7yV•r 2.3.1 8 12
io
INDtAs>' �••
T '. ��^3 �• _ r,E 43.3. e.z F9 / 5c � _.. / "�I WE
_— 370138A. '�`.y •i E�', 3.3 a 1^s �� tz.3. � 5�M"'
43.3.1<166 42.3.1367--
25
Y`- 35
2.3.1172 3 3
e Z P45t 42.3.187
_ 42.351173 ,:.ate 43.3.12.13Gy
'Y
3. 11"'203 •g1, ePP st MptN� 4, 42.3.1 228 <
i42.11205' -LN - 31 MPtN 2.3 1 ', Q 42.3.1140
47R j- 4- .3,1 211 1 ZERO f g ] c
\ X51
C"�, 43.3.1 •1
i
�9sJ Mp1Nst
197
65
�1 9�d1L�
Go le
X42 3 1 195
Property Information
Property ID 42.3.3 17
Location 93 MAIN ST
Owner FAR HORIZON LLC
Fg 142.3.1 t ~
16 'r
2.3.1 i5 $ `
0ASE
86 -.- -
32_ j SP"' — 43j3.1141
1 ,
2.3 2.1 - SPtEM 1 - 93 n
7
34jj •.42 3 -�
I '. I�Z 3 •`
42.3.1 lBa
3B 3 . _ � •-. w • .
Z 42.3.1 1 2.1
e
42.3.1 91
5
423A $B 43.3.1 85 -
U _.= �• 1 `� 6 •42.31142 _ n 42.3.1230
5 10 Z
'31,148.1 Y _ -
6 ,..rA 42.3,15148.2- 123.E 1 • Z�., 42 3 z 143 1" - 130 ft
r
A=
t �f�'00AATE`<• •
MAP FOR REFERENCE ONLY
NOT A LEGAL DOCUMENT
Town and County of Nantucket, MA makes no claims and no
warranties, expressed or implied, concerning the validity or
accuracy of the GIS data presented on this map.
Parcels updated 08/02/2018
Properties updated 08/16/2018
sown ana uounry OT Nantucket, MA
7V A4&
Property Information
Property ID 42.3.317
Location 93 MAIN ST
Owner FAR HORIZON LLC
MAP FOR REFERENCE ONLY
NOT A LEGAL DOCUMENT
Town and County of Nantucket, MA makes no claims and no
warranties, expressed or implied, concerning the validity or
accuracy of the GIS data presented on this map.
Parcels updated 08/02/2018
Properties updated 08/16/2018
August 16, 2018
1
1" = 130 ft 'I
�260 29'3
'"'n: • f WW6ALTH.OF:?AA5SACHUSETIS
_ Nantucket
- .• CuYw To.n
�' , ; ROARD.OF APPEALS
Date: October ,9
Certificate of Granting of Variaact'orSpecial Permit
(General Laws Chapter 40A, Section 11)
The Board of appeals of the City or Town of Nantucket
hereby certifies that aN*hz oceer Special Permit has been granted
To Michael Scott R a ty Cnrnnrntinn (OR7-RF)
Address 17 Main Street
City or Town Nantucket
affecting the rights of the owner with respect to land or buildings at 17 Main Street and
i 2 South Water Street, Assessor's Parcels 42.3.1-178 and 177 Book 146,
PMS
AkWWWoaAP&kA�" Wff49tifies that the decision attached hereto is a true and
correct copy of its decision granting said variance-- special permit, and that copies of said
decision, and of all plans referred to In the decision, have been filed with the planning board and
the city or town clerk.
The Board of Appeals also calls to the attention of the owner or applicant that General Laws,
Chapter 40A, Section I l (last paragraph) provides that no variance -w special permit, or any ex-
tension, modification or renewal thereof. shall take effect until a copy of the decision bearing the
certification of the town or city clerk that twenty days have elapsed after the decision has been
filed in the office of the city or town clerk and no appeal has been filed or that, if such appeal has
been filed, that it has been dismissed or denied, is recorded in the registry of deeds for the county
and district in which the land is located and indexed in the grantor index under the name of the
owner of record or is recorded and noted on the owner's certificate of title. The fee for such recor-
ding or registering shall be paid by the owner or applicant.
c'Wrmr
Cin k
M
i
p
S 1
jFOR -.1994 hou• 4wA*R9" IMC •ar...o
1'
-�. BOOK 260 rAv 28.'
BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, MASSACHUSETTS 02554
DECISIONS
The BOARD OF APPEALS at a Public Hearing held on FRIDAY, OCTO-
BER 30 1986 at 1;30 p.m. in the Town and County Building, Nantucket,
made the following Decision on the Application of MICHAEL SCOTT REALTY
CORPORATION (087-86) address 17 Main Street, Nantucket, MA 02554.
1. Applicant seeks a SPECIAL PERMIT pursuant to Zoning Code
SECTION 139-33A to alter and expand a commercial use non -conforming
for lack of required off-street parking and loading facilities, and
commercial structure non -conforming, e.g., as to setbacks and ground
cover ratio. The premises are on two adjoining lots, subminimum in
area, both owned by Applicant, respectively at 17 MAIN STREET and
2 SOUTH WATER STREET, Assessor's Parcels 42.3.1-178 and 177 (Registry
Book 146, Page 226 and Book 147, Page 310) in the Residential -Commer-
cial zoning district. In the alternative, Applicant seeks relief by
VARIANCE from the intensity regulations, SECTION 139-16A and C as to
ground cover ratio and setbacks.
2. Our findings are based upon the Application papers, viewings
and pians, counsel's memorandum, representations and testimony received
at our hearings of August 15, September 5 and October 3, 1986. We are
able, at the outset, to find that commercial use as the Nobby Shop
(with a second -floor dwelling unit) and the building on Lot 178 and the
building on Lot 177 pre -date the advent of our zoning in 1972. Accord-
ingly, relief is available under Section 139-33A. Findings necessary
to variance relief in the alternative were not made.
3- As set forth more fully in coyael's memorandum and shown on
the plans marked our Exhibit "A", we understand that the Nobby Shop now
has 1366 SF of active retail use and 4218 SF of storage in the building
on Lot 178. In addition to the dwelling unit on the second floor, there
is an inactive one on the third floor which has been used for storage.
On Lot 177 is the 605 SF one-story building formerly leased as the
f
-r. .
vcx* 260
(087-86) -2-
opera House restaurant covered patio. Since prior to the 1985 season,
that use was intentionally abandoned, Sections 139-33C and D, and
remains so. (See our file 020-86.)
4. Applicant proposes, per Exhibit A and counsel's memorandum,
0 SF at
to replace that 605 SF building awell
integrel8with the 3estorynorth
Nobbyof
Lot 178 with a 2 1/2 story ddition
Shop building. The addition's footprint would be lessened by non -
replacement of the patio to the extent it overlapped into leaving rth erly
abutting lot (leaving zero rear -yard setback),
and oOt
side yard setback off Coal Lane. Side yard setback along South Water
Street would remain zero. Proposed commercial use is restricted
t on e
retail clothing establishment (e.g., the Nobby Shop)
with accessible to the public not to exceed 2495 SF, all on the first floor.
In addition to the respective primary and secondary apartments, each
for year-round use only, some space (not to exceed 1260 SF of the
second floor) may be used for office purposes ancillary to the retail
establishment, otherwise, for the apartment use. Storage space (base-
ment) is to be 2660 SF.
5. With no proposed increase in employees, the same Nobby Shop
use simply spaced out, and no second commercial or restaurant use, we
find the proposed alterations and extensions of structure
rand
exis
tyto
be permissible pesiz
ting
non -conforming type,
notsubstantiallymoredetrimental to the neighbor-
hood. A loading chute in the 5 -foot setback off Coal Lane will facili-
tate off-street loading, absent the loading facility required by
Section 139-19. The same clientele and attendantt more nontraffic
conformingexpected.
Non -conforming setbacks are made less,
with Historic District
new structure will conform not only (admirably) y)
aesthetic standards but also Massachusetts Building Code standards,
especially as concern fire safety. (Applicant and other abutters and
especially the Town could, to good advantage, also upgrade Coal Lana
with brick paving, etc., for enhanced safety.)
7-86)
M% 260 r,,, 286
-3-
6. The additional parking spaces required, •.g., for the second
dwelling unit, can properly be waived with the findings required b�
Section 139-18G including physical impossibility on this site. Two
dwelling units are now permitted in the R -C district (4/86 ATM). The
Planning Board's recommendation was favorable and no opposition was
heard.
7. We further find that the proposed structural changes and uses,
allowed in the R -C district, are in harmony with the general purpose
and intent of the zoning chapter, ensured by the following conditions
understood to be acceptable to Applicant:
(a) The commercial use is limited to one retail clothing
store with not to exceed 2495 SF retail space and
ancillary non-public office space (1260 SF) and storage
space (2660 SF);
(b) The structure shall be in substantial conformity with
Exhibit A, modified as need be for HDC approval;
(c) The two apartment dwelling units shall be limited to
year-round occupancy upon the conditions of Section
139-7C(2)(g) for accessory apartments; and
(d) Except for delivery chute and screened space for trash,
propane cylinders and the like, the 5 -foot setback off
Coal Lane along the new addition shall remain open.
8. Accordingly, by UNANIMOUS vote, this Board GRANTS to Appli-
cant the requested SPECIAL PERMIT under SECTION 139-33A, subject
to the above -stated conditions, (alternative relief by variance, how-
ever, being denied). ICERTIFY THAT 20DAVSHAVE ELAPSEDAFTER THE DECISION
WAS Fit ED IN TI IE OFFICE OF THE TOWN CLERK, AND THAT
NO APPEAL HAS BEEN FILPERSUANTTgGE� LLAWS
40 A. SECTION I t
G/jSS TOWN CLE
Dated: October 9, 1986 ;/ift%!N
NANTUCKET CN4ritiscket, MA 02554 ✓rte 2
RsoWv d snd Litcrcd
ate __•,, William R. Sharman
T
3 -1 -
Dorothy D. Vollans C. Ma shall BealeJ
4
�t
h M IJ A, / D C. E%
i stK j-�✓Mro:E psirs� - i....J-//hct�.t w.,'./
.,..w // �/• p• os�-- .eB - _ ,<.._ NeT '1 'ss' e-- 3+se -
1 P
• a � � � i
2
_
hN > IL_
. � a
C �
I I
_—'. eu ..,, r-�-s4!•/0"96'N 94-.'.f -.. _ 55!"M"Y'M 34,E
i
g
-
vhIN s. sr a
ern - /�qw.+m MRo M A/ H"rs TRE E T
zk v��h
M'Nth6L a�TT 14=ALTY TRUeTiC 1yTIN4 PRPPO s6D 9E MMN��
U bfY �L TMlF 41NP �iP P,MH��+.MM-'{yc�Q{
NhNTL'4KCy0T b...f: 1•:•0 -c• b, il.ie�-r.Mtl16T'i
IAtiN4b sC7T+ 017 266"4
O O I Q/ -L Z •LIB
-�.iEY44 LI 9 I. 4 Y 4.s
i S 4 � / a �4.13x11Ni/e.W/1
stL9cnlls v�•wW 14A9111NV1�
124sn1NMN •s.1 �. iii :� i �c 1a4d1s aVN LI
J291ij4 NWW �`+ Nall�'A9'10 1+HN - Ja4a 2410.1 r OSN
yyvlorw N+Iwa a3so�o�ld i,s'NL u�av �.:.al. �arwel'rl
i/
(\i
ur
e'?'NTUC#,�} TOWN OF NANTUCKET
BOARD OF APPEALS
"roeAt NANTUCKET, MASSACHUSETTS 02554
Date: O��[?Q/L_ 19
CERTIFICATE OF GRANTING OF VARIANCE AND/0 SP�PERMIT
(MassachusettGenera Laws Chapter 40A, Section 11)
The BOARD OF APPEALS of the Town of Nantucket hereby certifies
that a Variance and/or Special Permit has been granted:
To:
Addressi I"I V%lCl��1 &--tre�Pa /Urxatc-)Ck.c_'k,M04 e,ZSR
affecting the rights of the Owner/Applicant with respect to land or
buildings at I> yin St arr,( S ��kx1PrST i�d�tC.cnr'c
a]vuj-- Li?. g 7-7. Pair g� l' -lb . �JG .Z2(,p Deed Reference/�(p/LL7
A CJ�.y-�a_ (2 -ad lL i L4 P9 - 3) O
And the BOARD OF APPEALS further certifies that the attached Decision
is a true and correct copy of its Decision granting the Variance and/or
Special Permit and that copies of the Decision and of all plans referred to
in the Decision have been filed with the Planning Board and the Town Clerk.
The BOARD OF APPEALS calls to the attention of the Owner/Applicant
that General Laws, Chapter 40A, Section 11 (last paragraph) provides
that no Variance and/or Special Permit, or any extensidn, modification or
renewal thereof, shall take effect until (a) a copy of the Decision is
certified by the Town Clerk that twenty days have elapsed after the
Decision has been filed in the office of the Town Clerk and no appeal has
been filed (or, if such appeal has been filed, that it has been dismissed
or denied) and (b) the certified copy is recorded in the Registry of Deeds
for the County of Nantucket and indexed in the grantor index under the
name of the Owner of Record or is recorded and noted on the Owner's
Certificate of Title. The fee for such recording or registering shall
be paid by the Owner/Applicant.
t ChairmanClerk
e
bo
j 800K 289 PAGA2
o V A,M.
17 t
BOARD Or APPALS NANTUCKET COUNTY ;
Rccaved and Entcrod
TOWN Or IMMT'UCKET 1
_
NANTUCKET, MASSACHUSETTS 02531
Awe
Repan
DECISIONi 1
The BOARD Or APPEALS, at a Public Hearing held on Friday. October 16, 1987
At 100 P.M. in the Town and County Building, Nantucket, wads the following
Decision on the Application of MICHAEL SCOTT REALTY CORPORATION (109-87) address
17 Main Street, Nantucket, MA 02554.
1. Applicant seeks a modification of a SPECIAL PERMIT voted October 3. 1986
pursuant to Zoning Code SECTION 139-33A to sitar and expand a cos•ercial use
non -conforming for lack of required off-street parking and loading facilities,
and commercial structure non -conforming, e.g., as to setbacks and ground cover
ratio. The premises are on two adjoining lots, subminimus in area, both owned
by Applicant, respectively at 17 PLAIN STREET and 2 SOUTH WATER STREET, Assessor's
Parcels 42.3.1-178 and 177 (Registry Book 146, Page 226 and Book 147, Page 310)
In the Residential -Commercial zoning district. The said original SPECIAL PERMIT
was filed with the Town Clerk on October 9, 1986 (as 087-86) and recorded 1n the
Nantucket Registry of Deeds Book 016. Page A31.
2. Our findings are based upon the Application papers, plans, representations
and testimony received at our hearing of October 16, 1987. We find that modifications
requested, to wit, t'.e placement or construction of two (2) uncovered, wooden
stoops with stairs and an 8" to 12" soffit at a height of approximately twenty
(20) feet within the five feet (5') setback area off Coal Lane, do not materially
affect the findings and conclusions upon which the Board's previous favorable
decision was based.
3. Therefore, in accordance with SECTION 139-30 and 33 we modify paragraph 7,
subparagraph (d) of our decision (087-86) dated October 9, 1986 to road, as
follows:
(d) Except for delivery chute, screened space for trash, propane
cylinders and the like, an 8" to 12" soffit, and two (2), uncovered,
stoops, the 5 -foot setback off Coal Lane along the new addition shall ;
remain open.
4
4. All other provisions, terms, conditions and rights afforded by the
Spacial Permit (087-86) dated October 9. 1986 shall remain in full force and j
effact.
5. Accordingly, by UNANIMOUS vote, this Board GRANTS to Applicant the
requested MODIFIED SPECIAL PERMIT under SECTION 139-33A, subject to the 1i
stated conditions. ¢
Dated: October&> 1987
Nantucket, MA 02554 !' o<4•r+..A�}+
a • She
C. Mer hall Beele" �� — f a .t.Y W4 gk;l11,r rrrL'f.
WAS RL0I'! ; I � r. 1 FF.. Mfr q 7
od / / NDFPPE4LtJ�f.Cu1rIV�.f"V�:;..:r�l�ll ;o
°
dw&&I ��j
/IGe~� 40A SECTION 11�
,
3
3
-
i
dp
c
bo
eooK0363vac( 205
BOARD OF APPEALS OF NANTUCKET
TOWN OF NANTUCXLT 43L
Nantucket, Massachusetts 02554
DECISION
3. The existing Special Permit allows use of the premises
upon the following conditions:
(a) The commercial use is limited to one retail clothing
store with not to exceed 2495 SF rccail �-,� -. 1 "",-;iilary non-
public office space (1260SF) and storage space (2660 SF);
(b) The structure shall b, vub< ^�,'ai rc_. .th
Exhibit A (with our Modification per 109-87), modified for HDC
approval;
(c) The two apartment dweli-9 uni,. ';all be limited to
year-round occupancy upon the conditions of Section 139-7C(2)(9)
for accessory apartments; and
(d) Except for delivery chute and screened space for
trash, propane cylinders and the like, an 8" to 12" soffit and two
(2) uncovered stoops, the five-foot setback j:: Coal Lane along the
new addition shall remain open.
4. The Applicant herein requests relief in order to convert
all or a portion of the 1260 SF of area on the second floor,
dedicated to ancillary non-public office under the existing rermit,
to commercial retail space. The reckoning of parking space■
required by this extension of the use is one space more than that
*NOTE: The promises are located at 17 Main Street, Assessor's Parcels 42.3.1-117
and 178 and zoned Residential-Comuetcial.
01
The Board of Appeals of Nantucket, at a Public Hearing held
on Friday, May 4, 1990, at 1:00 pm in the Town ana Co_n-,:.,., Building,
nantucket, Massachusetts, made the following DECISION on the
Application of MICHAEL SCOTT REALTY C^RPORATION, 17 t!ain Street,
Nantucket, Massachusetts (hereinafter also the "Applicant").(OZ4-%)
1. Applicant filed a request for a .. inL ro. aiP pug... �;:t
to Section 139-33A and 139-1BG to alter, extend and/or change a
commercial use, presently nonconforming, for lack of off-street
parking and loading facilitioes, in a portio: of a pre-exists:.g
nonconforming structure located at 17 Main Street, Nantucket. The
present structure and use have the benefit of and are subject to
an existing Special Permit 87-86, as Modified by 109-87, an
recorded at the Nantucket Registry of Dec_'.-. The roperty is
within the R -C Zoning District, and it is within the Core District
•
as that toren is used in Section 139-18C of the By-law.-*
2. Our findings are based upon the application papers,
testimony and representations recei—:1 at _ . `•car:: --t
of our application process. The premises is presently used, as
follows: basement -commercial storeage for retail business, first
floor -commercial retail (Nobby Sh ,,; So- r...:,:,_:ling,
private office for retail business, dwelling, dead atoreage, third
floor -dwelling,
3. The existing Special Permit allows use of the premises
upon the following conditions:
(a) The commercial use is limited to one retail clothing
store with not to exceed 2495 SF rccail �-,� -. 1 "",-;iilary non-
public office space (1260SF) and storage space (2660 SF);
(b) The structure shall b, vub< ^�,'ai rc_. .th
Exhibit A (with our Modification per 109-87), modified for HDC
approval;
(c) The two apartment dweli-9 uni,. ';all be limited to
year-round occupancy upon the conditions of Section 139-7C(2)(9)
for accessory apartments; and
(d) Except for delivery chute and screened space for
trash, propane cylinders and the like, an 8" to 12" soffit and two
(2) uncovered stoops, the five-foot setback j:: Coal Lane along the
new addition shall remain open.
4. The Applicant herein requests relief in order to convert
all or a portion of the 1260 SF of area on the second floor,
dedicated to ancillary non-public office under the existing rermit,
to commercial retail space. The reckoning of parking space■
required by this extension of the use is one space more than that
*NOTE: The promises are located at 17 Main Street, Assessor's Parcels 42.3.1-117
and 178 and zoned Residential-Comuetcial.
01
600XVMV63FAC(
which was reckoned by this Board in its previous determinations.
This reckoninq contemplates the potential for an additional one
employee parking space needed to operate th, .. , ly ccti� _: tc
space.
S. We find that the extension of th- w.:e by-wnversion of
1000 SF of the second floor space to commercial retail space for
the common retail clothing store operated on the first floor, upon
the further condition ,that such store be operated on a year-round
basis, is in harmony with the purposes and intent of the Nantucket
Zoning By -Law, and will not be substantially more detrimental to
the neighborhood than that which presently exists. We further find
that the accommodation of additional parking oi, Lne b;ce is
impractical and physically impossible.
6. Accordingly, by UNANIMOUS vote, %.111s Board GRANTS to
Applicant the requested SPECIAL PERMIT under Sections 139-33A and
139-18G to the extent of 1000 SF of commcrcl.1. T,t _1 space on the
second floor as an extention of the first floor retail clothing
store, on the condition that it be operated on a year-round basis,
by conversion of an equal portion of the second floor space
previously conditioned to use as ancillary non-public office space.
In all other repsects the terms, conditions and rights
afforded by Special Permit 087-86 dated October 9, 1986, as amended
by Modified Special Permit 109-87, dated October 30, 1987, shall
remain in full force and effect.
dated:/nmy
W 1� R. Sherman
r --"-ba a w. waine
ndaF. Wil lams
NANTUCKET COUNTY
Recei'. a sand tafawit
APR 2� 1991 P)o p1q Ann B as
,� a. l
Attest )
�t!
FioLIslOr j _ �--y
a L ge
,.�! If.; 910Y it wOAY$kA1'E EIaP£FO AFTQI TI�DEC�Os
t,E' p.aOFFli:ku. THE TOWN CLERK A?h^ YaT
•'' NDAE ^iAVK-Ai* t[FN FILED PERSCAN r TO UW -R& LAWS
►.
'4D& SkO`16N 11."r
OWPI CLERK
/71i/t I
.7G, iy9/
v
eoar03189vacE 303
o'a�wrucM�r TOWN OF NANTUCKET
r( 1 BOARD OF APPEALS
yc l,v
4j0P.SL9. NANTUCKET, MASSACHUSETTS 02554
Date: May , 1992
MODIFICATION OF
CERTIFICATE OF GRANTING OF WKDEE 9ZXX7[a?CalC SPECIAL PERMIT
(Massachusetts General Laws, Chapter 40A, Section 11
The BOARD OF APPEALS of the TOWN OF NANTUCKET, hereby certifies
that a VARIANCE aLdlor SPECIAL PERMIT has been GRANTED:
TOs(Owner/Applicant) _ MICHAEL SCOTT REALTY CORPORATION (049-92)
Address: c/o David Moretti, N.P.P. 64, Nantucket, MA 02554
affecting the rights of the Owner/Applicant with respect to land or
building ats
17 Main Street, Assessor's Map 42.3.1, Parcels 177
and 178
ed References146, 228
And the BOARD OF APPEALS further certifies that the attached
Decision is a true and correct copy of its Decision GRANTING the
YR1IAIQTnC11157 ftX SPECIAL PERMIT and that copies of the Decision and of
all plane referred to in the Decision have been filed with the Planning
Board and the Town Clerk.
TH4 BOARD OF APPEALS calls to the attention of the Owner/.
Applicant that General Laws, Chapter 40A, Section 11 (last paragraph)
provides. that no >AXXrWfd�WXSP£CIAL PERMIT, or any EXTENSION,
MODIFICATION or RENEWAL thereof, shall take effect until (a) a copy of
the Decision is certified by the Town Clerk that TWENTY (20) days have
elapsed after the Decision has been filed in the office of the Town
Clerk and no appeal has been filed (or, if such ,appeal has been filed,
that it has been dismissed or denied) and (b).the certified copy is
recorded in the Registry of'Deeds for the County of Nantucket and
indexed in the grantor index under the name of the Owner of Record or
is recorded and noted on the Owner's Certificate of Title. The fee for
such recon ng or registering shall be paid by the Owner/Applicant.
Chair a Robert J. Leichter Clerk Ann Bolas
f
1
1
91
M0389PA iii
uck� TOWN OF NANTUCKET
' BOARD OF APPEALS
00Att0' NANTUCKET, MASSACHUSETTS 02554
n,n
May . 19 92
Data:
parties PEALS in the Applicatloa of the
To' in Interest and. others concerned with the
Decision o! the BOARD OP AP
following, 049-92
Application No.,
MICHAEL GCOTT RFALTY CORPORATION _.
'weer/Applicants
of theOF APPEALS
ich
oday is the Dc inothe officeOOfDthe NantuckethTown
thishas
Clark.
An Appeal from this Decision may be taken pursuant to
Section 17 of Chapter 40A, jassacnusetts General La"s
zny action appealing the Decision must be brought b$ after
s date. Notice of the action with a copy of the
filing an complaint in court within TWENTY (20 ay
this day' r t're Decision must be given
com?'aint and certifies copy o- ithin such TWE\TY
to the Town Clerk so as to be receive
(20) days.
Sober't J.
e htewr,Chairman
cc: Town Clerk
Planning Board
Building Commissioner
800M,99PAGFM
ZONING BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, MA 02554
DECISION:
The Nantucket Board of Appeals, at a public meeting held on
Friday, May 1, 1992, at 1:00 P.M. in the Town and County Building,
Nantucket, Massachusetts, made the following decision upon the
requeLat of Michael Scott Realty Corporation (OVF-92), c/o David J.
Moretti; Attorney -at -Law, 13 Goldfinch Drive, N.P.P. Suite 64,
Nantucket, Massachusetts 02554.
1. Applicant seeks relief by Special Permit pursuant to
-Section 139-30A and 139-18 to allow the alteration and extension of
a pre-existing use, non -conforming as to parking and loading, in a
pre-existing non -conforming structure and lot, without providing
off-street parking on-site. The permission requested is to allow
the second floor dwelling to be converted and used as retail -
gallery space. The remainder of the building will continue to be
used as permitted under previously obtained permits, without being
effected, except as may be expressly decided hereby.
Presently the first floor and part of the second floor are
used as the "Nobby Shop', a retail clothing store, the basement is
storeage and there are dwelling units (restricted to year-round
use) on the second and third floors. The Applicant requests such
relief as .is necessary to convert the apartment on the second floor
to use as retail -gallery space for the Main Street Gallery.
2. The premises are located at 17 Main Street, and shown as
r` Assessor's Map 42.3.1- Parcels 117 and 178. The district is zoned
Residential -Commercial.
3. Our findings are based' upon the application papers,
plans, testimony and representations at the hearing.
4. The property historically has had some use of the second
floor for commercial purposes for several years prior to the
substantial renovations which commenced in 1986. Prior to that
time, the second floor dwelling space was in fact used as storiage
for the Nobby Shop. The structure was renovated and the dwelling
use restored under a Special Permit from this Board.
S. One condition or restriction placed upon the grant of
relief may be modified or waived here, without derrogating from
the
spirit and intent of that original grant or the Zoning By-law
t limited the commercial use of the
Itself. The original gran
ot to exceed
structure to one year-round, retail clothing store, n
second
SF (later modified hileto lthatde an conditiontmayal 1000 sf on have had meritat
second floor 0find .
the time, we find no compelling reason to continue it so as to
prohibit conversion of the second floor apartment on Main Street in
en Pacific Bank and the
the commercial core of the Town (betwe
Pacific club) to retail -gallery space.
5.. The extended use will bring with it additional parking
requirements, reckoned as follows:
gallery: 4 Spaces
1 space / 200 sf floor area: 1 space
employees (four or fewer)
5 spaces
6. Therefore, assrequires
one
(space,
as
arhe cu
waiver of four (4) P g spaces isphysically impossible (the
compliance with Section 139-18 would be Phynll of the lot), the
building covering all or substantially
al Permit. Moreover,
application is ripe for relief by Sp
Applicant reminds us, by showing the several uses of second floor
spaces in "-his downtown core area, they the h specific orelief 9infthe
this Board, and we are convinced,
instant case is in harmony with the general purposes and intent of
the zoning by-law We also find that the change and/or extension of
use proposed will not be substantially more detrimental to the
neighborhood than that which presently exists.
b 04aM0�DUsvote (
l,hHt&
4. d, �_0, Accordingly, Y this Board GRANTS to
oi>'haru 1 �5
Applicant the requested Modification and Special Permit for change
or expansion of use of the building to include retail -gallery space
on the second floor in lieu of the exiwithout sting ethe dprovision floor apartment,
to Sections 139-30A and 18,
street parking on the CONDITION, that the premises may not be used
by more than two (2) commercial enteprises, one being a retail-
soOK 389FACE tiV
gallery on the second floor, and one being a year-round retail
first and second floors, as previously
clothing store on the
storfesge in the basement. In al
designated, with ancillary granted
respects the allowed uses and conditions of previously g
relief shall remain in full force and effect.
Dated: /' a / III Z
Nantucket, MA 02554
ke,_, (,� Aa�
MAY 261992 S:46AM
NANTUCKET COUNTY SANDRA M CHADWICK
RECD ENTERED ATTEST REGISTER
Kok Mii���`�� f
An Bales
I ae/ t f
�.. co i
I �pT1FY TMj PD DAYS MAYS �/w �+�� �'�
W/ MWNTNEDFFICEDFTM�C?,D�Y�y+� -�
NOIMEALMA58EBf F��%Q,��`a�,Y"�`w�.� '
�'�' "=%`''fix•:-a�;,.,. �
I
Bk: 01126 Pg: 334
To: Parties in Interest and.Others concerned with the Decision of
the BOARD OF APPEALS in the Application of the following:
Application No.: 097-07
Owner/Applicants Michael Scott Realty Corp.
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with the office of the Nantucket Town Clerk.
An Appeal from this Decision may be taken pursuant to Section 17
of Chapter 40A, Massachusetts General. Laws.
Any action appealing the Decision must be brought by filing a
complaint in Land Court within TWENTY (20) days after this day's
date. Notice of the action with a copy of the complaint and
certified copy of the Decision must be given to the Town Clerk so
as to be received within such TWENTY (20) days.
(•A,
Michael J. O'Mara, Chairman
cc: Town Clerk
Planning Board
Building Commissioner/Zoning Enforcement Officer
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT
AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING
BY-LAW SECTION 139-30 (SPECIAL PERMITS); SECTION 139-32
(VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD
OF APPEALS OFFICE AT 508-228-7215.
000
Bk: 1126 Pg: 334 Page: 1 of 8
Doc: SP 02/29/2008 09:31 AM
TOWN OF NANTUCKET
F"i
gG
BOARD OF APPEALS`
''
NANTUCKET, MASSACHUSETTS 0253
t
r•
0
Date: January
14
, 2.Ob6
To: Parties in Interest and.Others concerned with the Decision of
the BOARD OF APPEALS in the Application of the following:
Application No.: 097-07
Owner/Applicants Michael Scott Realty Corp.
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with the office of the Nantucket Town Clerk.
An Appeal from this Decision may be taken pursuant to Section 17
of Chapter 40A, Massachusetts General. Laws.
Any action appealing the Decision must be brought by filing a
complaint in Land Court within TWENTY (20) days after this day's
date. Notice of the action with a copy of the complaint and
certified copy of the Decision must be given to the Town Clerk so
as to be received within such TWENTY (20) days.
(•A,
Michael J. O'Mara, Chairman
cc: Town Clerk
Planning Board
Building Commissioner/Zoning Enforcement Officer
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT
AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING
BY-LAW SECTION 139-30 (SPECIAL PERMITS); SECTION 139-32
(VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD
OF APPEALS OFFICE AT 508-228-7215.
Bk: 01126 Pg: 335
NANTUCKET ZONING BOARD OF
2 Fairgrounds Road
Nantucket, Massachusetts
APPEALS
Assessor's Map 42.3.1, Parcels 177 & 178
17 Main Street & 2 South Water Street
Residential -Commercial Downtown
DECISION:
02554
RQ�TA
Fiurl3r,
---1
2-1
CD
�t
m
C-) -
M'
(N-ik-, plan �f
xj
"T
record)
Deed, Bk. 14t, Pg. 228
1. At a public hearing of the Nantucket Zoning Board
of Appeals, on Friday, November 16, 2007, at 1:00 P.M., in
the Conference Room, at 2 Fairgrounds Road, Nantucket,
Massachusetts, the Board made the following decision on the
application of MICHAEL SCOTT REALTY CORP., c/o Reade,
Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669,
Nantucket, Massachusetts 02584, ZBA File No. 097-07:
2. The applicant proposes to construct a two-story
addition to the existing commercial building upon the
locus, to be used for additional storage, filling in an
area of the building along Coal Alley now containing
outdoor stairs and trash receptacles and placing these
indoors. The pre-existing, nonconforming structure has
ground cover of approximately 2,800 square feet; the locus
contains about 3,000 square feet in lot area, for a ground
cover ratio of about 93.330; maximum ground cover ratio in
this district is 750. Side and rear yard setback (whether
front yard setback is taken from Main Street or from South
Water Street) is zero; minimum in this district is five
feet. The proposed addition would add about 200 square
feet of round cover, resulting in a ratio of almost 100°x.
The nonconforming side and rear lines of the structure
would be extended in the same lines as the existing
structure. Accordingly, the applicant requests a Special
Permit under Nantucket Zoning Bylaw §139-33.A, for the
alteration and expansion of the existing nonconforming
structure. No additional parking spaces would be required
by the addition; none are now provided, nor are they
possible. The locus is situated at 17 MAIN STREET and 2
SOUTH WATER STREET (considered
Bk: 01126 Pg: 335
NANTUCKET ZONING BOARD OF
2 Fairgrounds Road
Nantucket, Massachusetts
APPEAL
Assessor's Map 42.3.1, Parcels 177 & 178
17 Main Street & 2 South Water Street
Residential -Commercial Downtown
DECISION:
02554
--
S
o T -n
mm
M..
(N 'plan ;f
r�
record)
Deed, Bk. 14`t, Pg. 228
1. At a public hearing of the Nantucket Zoning Board
of Appeals, on Friday, November 16, 2007, at 1:00 P.M., in
the Conference Room, at 2 Fairgrounds Road, Nantucket,
Massachusetts, the Board made the following decision on the
application of MICHAEL SCOTT REALTY CORP., c/o Reade,
Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669,
Nantucket, Massachusetts 02584, ZBA File No. 097-07:
2. The applicant proposes to construct a two-story
addition to the existing commercial building upon the
locus, to be used for additional storage, filling in an
area of the building along Coal Alley now containing
outdoor stairs and trash receptacles and placing these
indoors. The pre-existing, nonconforming structure has
ground cover of approximately 2,800 square feet; the locus
contains about 3,000 square feet in lot area, for a ground
cover ratio of about 93.330; maximum ground cover ratio in
this district is 75%. Side and rear yard setback (whether
front yard setback is taken from Main Street or from South
Water Street) is zero; minimum in this district is five
feet. The proposed addition would add about 200 square
feet of round cover, resulting in a ratio of almost 100°%.
The nonconforming side and rear lines of the structure
would be extended in the same lines as the existing
structure. Accordingly, the applicant requests a Special
Permit under Nantucket Zoning Bylaw §139-33.A, for the
alteration and expansion of the existing nonconforming
structure. No additional parking spaces would be required
by the addition; none are now provided, nor are they
possible. The locus is situated at 17 MAIN STREET and 2
SOUTH WATER STREET (considered
Bk: 01126 Pg: 339
as a single parcel), Assessor's Parcels 42.3.1-177 and 178, and
is in the Residential -Commercial Downtown zoning district.
3. Our decision is based upon the application and
accompanying materials, and representations and testimony
received at our public hearing. There was no Planning Board
recommendation, on the basis that no matter of planning concern
was presented. Except for the presentation by the applicant and
its representatives, no public support, nor opposition was
presented at the public hearing.
4. The locus has a long history of applications before the
Board of Appeals.
(a) In Case No. 087-86, the Board granted relief by
Special Permit to allow the expansion of the building as to
ground cover and setbacks, with conditions as to use that have
been later modified, and with the condition that the five-foot
setback area off Coal Lane remain open except for a delivery
chute and screened space for trash, propane cylinders, and the
like. (It is that area which the applicant now proposes to cover
with the new expansion.)
(b) In Case No. 109-87, the Board modified the
condition as to the five-foot setback along Coal Lane to allow
two wooden stoops to be placed in that area.
(c) In Case No. 024-90, the Board modified the uses
allowed within the building.
(d) In Case No. 042-91, the Board again modified the
allowed uses, and determined and waived the amount of parking
required,
(e) In Case No. 049-92, the Board again modified the
allowed uses, and waived parking requirements.
(f) In Case No. 063-99, the Board modified the uses to
their present status, of two commercial establishments, one
retail and the other a second -floor space to be used either as
retail or office, and one apartment on the third floor.
5. The Board of Appeals determined that the area in
question on Coal Lane does not perform any of the usual functions
of open space; rather, it is adjacent to a poorly -lighted alley
and tends to collect dirt, trash and undesirable activities,
particularly during nocturnal hours. In light of the fact that
the present configuration of the building resulted from a Special
Permit granted by the Board, the Board determined that alteration
by Special Permit for the increased ground cover and extension of
2
Bk: 01126 Pg: 338
NANTUCKET ZONING BOARD OF
2 Fairgrounds Road
Nantucket, Massachusetts
Assessor's Map 42.3.1, Parcels 177 & 178
47 Main Street & 2 South Water Street
Residential -Commercial Downtown
DECISION:
APPEALS
02554
(No plan of record)
Deed, Bk. 146, Pg. 228
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Friday, November 16, 2007, at 1:00 P.M., in the
Conference Room, at 2 Fairgrounds Road, Nantucket, Massachusetts,
the Board made the following decision on the application of
MICHAEL SCOTT REALTY CORP., c/o Reade, Gullicksen, Hanley &
Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts
02584, ZBA File No. 087-07:
2. The applicant proposes to construct a two-story addition
to the existing commercial building upon the locus, to be used
for additional storage, filling in an area of the building along
Coal Alley now containing outdoor stairs and trash receptacles
and placing these indoors. The pre-existing, nonconforming
structure has ground cover of approximately 2,800 square feet;
the locus contains about 3,000 square feet in lot area, for a
ground cover ratio of about 93.33%; maximum ground cover ratio in
this district'is 75%. Side and rear yard setback (whether front
yard setback is taken from Main Street or from South Water
Street) is zero; minimum in this district is five feet. The
proposed addition would add about 200 square feet of round cover,
resulting. in a ratio of almost 100%. The nonconforming side and
rear lines of the structure would be extended in the same lines
as the existing structure. Accordingly, the applicant requests a
Special Permit under Nantucket Zoning Bylaw §139-33.A, for the
alteration and expansion of the existing nonconforming structure.
No 4dditional parking spaces would be required by the addition;
none are now provided, nor are they possible. Th locus is
situated at 47 MAIN STREET and 2 SOUTH WATER STREET ( nsidered
K1
Bk: 01126 Pg: 340
setback nonconformities would be the appropriate relief.
Enclosing the area in question would correct the existing
problems, and since the area would be used entirely for storage
and support for the existing retail store, no demand for
additional parking would be created.
6. Under these circumstances, the Board of Appeals, by
unanimous vote, made the finding that the proposed alteration and
extension of the structure would not be substantially more
detrimental to the neighborhood than the existing conditions
arising from pre-existing nonconformities and the prior special
permit in Case No. 087-86, and GRANTED the requested relief by
SPECIAL PERMIT under Bylaw §139-33.A, subject to the following
conditions:
(a) The new space would be used exclusively for
storage for the retail occupants of the building upon the locus,
and indoor trash receptacles and mechanical systems for the
occupants of the building; and
(b) No exterior work shall be performed between
Memorial Day and Columbus Day any �a . . I
Dated: January �, 2008
7�J
. Sevr ns
ac
'TRUE CCP`
Wile
TUCKF�'►'CWN CLERK
Burr Tupper
I CERTIFY THAT 20 DAYS HAVE ELAPSED AFTER
THE DECISION WAS FILED IN THE OFFICE OF THE
TOWN CLERK, AND THAT NO APPEAL HAS BEEN
FILED, PURSUANT TO GENERAL f.AWS 40A, SECTION I I
TOWN CLERK
FEB 2 6 2008
3
DVleva i. n
CANri
AYTEBT:
=!I
-_f
3
Bk: 01126 Pg: 341
COMMONWEALTH OF MASSACHUSETTS
J
Nantucket, ss. January 2008 �' '
J
On this day of January, 2008, before me, the undersigned Notary Public,
• n !-r- r , who is personally known
personally appeared &
to me, and who is the person whose name is signed on the preceding or attached document, and
who acknowledged to me that he/she signed it voluntarily for its stated purpose.
4
Notary Public: l/%yjz�
My commission expires: ,MaXi54 ,q,
4
Nantucket, ss.
Bk: 01126 Pg: 341
COMMONWEALTH OF MASSACHUSETTS
January� 2008
On this � day of January, 2008, before me, the undersigned Notary Public,
personally appeared who is personally known
to me, and who is the person whose name is signed on the preceding or attached document, and
who acknowledged to me that he/she signed it voluntarily for its stated purpose.
NotaryPublic:
My commission expires: mamr--4
a
v
ro
m
a
w
4