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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notice posted with Town Clerk:—/—/ Mailed: I&M / / & / / Hearing(s) held on: / / Opened on: / /_ Continued to: / / Withdrawn: / / Decision Due By: Made: / / Filed w/Town Clerk: / / Mailed: / 2 Fairgrounds Roa d Nantucket Massachusett s 02554 508-228-7215 telephone 508-228-7298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