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Home My WebLink About080-04 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: ~~2- , '200</ To: Parties in Interest and, Others concerned with the Decision of ,the BOARD OF APPEALS in the Application of the following: Application No.: dJG) -0 tf owner/APPlicant:G-e~F.. )J~ren ]Tru.fr~ ' ~~ Tru9/. , J Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursu~nt to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the Decision must be brought by ftling an complaint in court within TWENTY (20) days after ~is day's date. Notice of the action with a copy of the 00mplaint and certified copy of the Decision must be given €e the Town Clerk so as to be received within such TWENTY ~O) days. I '~-:l' p 'ig; yaJQ~~ c..:: LLJ ~', '-.' cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING. TO NANTUCKET ZONING BY-LAW ~139-30I (SPECIAL PERMITS); ~139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. , NANTUCKET ZONING BOARD OF APPEALS 1 East Chestnut Street Nantucket, Massachusetts 02554 Assessor's Map 42.4.2, Parcel 90 4 North Water Street Residential-Commercial Plan Book 15, Page 117 Lot 2 Deed, Book 255, Page 312 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, November 19, 2004, at 1:00 P.M., in the Conference Room, in the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, the Board made the following decision on the application of GEORGE F. NYREN, as Trustee of NYLEE TRUST, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 080-04: 2. The Applicant is seeking a MODIFICATION of the SPECIAL PERMIT relief granted in the Decision in Board of Appeals File No. 021-97 (which modified earlier decisions on Files Nos. 039-85 and 077-87), which stated that "[t]here shall be no real estate brokerage office in the building upon the Locus". The Applicant is asking for the ability to rent existing office space to such a business. All other conditions would remain in full force and effect. The Locus is situated at 4 North Water Street, Assessor's Map 42.4.2, Parcel 90, is shown upon plan recorded with Nantucket Deeds in Plan Book 15, Page 117, as Lot 2, and is situated in a Residential-Commercial zoning district. 3. Our decision is based upon the application and accompanying materials, and representations and testimony recei ved at our public hearing. There was no Planning Board recommendation, on the basis that no matter of planning concern was presented. There was no support or opposition presented at the public hearing. 4. As explained by the Applicant's counsel, the Decision issued in File No. 021-97 applied the condition that the Locus, specifically permitted for office use, not be used as a real estate brokerage office. Applicant stated that there were several other real estate brokerage offices in the immediate neighborhood, few of which provided any off-street parking; in contrast, the Locus did contain some on-site parking. The existing lease of office space to the Town of Nantucket would expire soon, and the Applicant requested the removal of this condition in order that he may offer the office space for lease to a real estate brokerage firm. No specific reason appeared as to why the real estate office use should not be allowed. 1 , 5. Accordingly, the Board of Appeals, by UNANIMOUS vote, finds that the proposed Modification of the Decision in File No. 021-97 would be consistent with the general purpose and intent of the Zoning By-law, and also by a UNANIMOUS vote, GRANTs the requested MODIFICATION to the Decision in File No. 021-97, by striking therefrom the condition set forth in Paragraph 6 (b) , that: There shall be no real estate brokerage office in the building upon the Locus. Dated: JJ~ ~JbfJ.J)P A 2 , 2004 in BOA 6. All other conditions set forth in the File No. 021-97 shall remain in full rce and e ~ Edward C. Murphy 2 TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1:00 P.M., FRIDAY, NOVEMBER 19, 2004, IN THE CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: GEORGE F. NYREN, AS TRUSTEE OF NYLEE TRUST BOARD OF APPEALS FILE NO. 080-04 Applicant is seeking MODIFICATION of SPECIAL PERMIT relief granted in the Decisions in BOA File Nos. 039-85,077-87 and 021-97 to the extent necessary, in order to eliminate the condition in Paragraph 6(b) ofthe Decision in the BOA File No. 021-97, that stated that "There shall be no real estate brokerage office in the building upon the Locus." Applicant is asking for the ability to rent existing office space to such a business. All other conditions would remain in full force and effect. The Premises is located at 4 NORTH WATER STREET, Assessor's Map 42.4.2, Parcel 90, Plan Book 15, Page 117, Lot 2. The property is zoned Residential- Commercial. N::!f!:::ns,~a~ THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. NANTUCKET ZONING BOARD OF APPEALS 1 F:AST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 CASE NO. lhO-04 FEE: $300.00 APPLICATION FOR RELIEF Owner's name(s): Mailing address: Applicant's name(s): Mailing address: Locus address: Geot2:e F. Nyren. as Trustee of Nylee Trust c/o Reade. Gullicksen. Hanley & Gifford. LLP Same 6 Youn2's Way. Post Office Box 2669. Nantucket. Massachusetts 02584 4 North Water Street Assessor's Map/Parcel: 42.4.2-90 Land Court Plan/Plan Book & Page/Plan File No.: Date lot acquired: 8/26/86 Deed Ref.!Cert. of Title: 15-117 255-312 Lot No.: 2 Zoning District: RC Uses on Lot - Commercial: None_ Yes (describe) See decision in 021-97 Residential: Number of dwellings 1 Duplex_ Apartments _Rental Rooms Building Date(s): All pre-date 7/72? x Building Permit Nos: Previous Zoning Board Application Nos.: 039-85: 077-87: 021-97 or C of O(s)? State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities: The applicant requests that the Special Permit for the use 08 the locus, pursuant to the decisions in Cases Nos. 039-85, 077-8)7 and~ 021-97, be modified to eliminate the condition in Paragraph 6(b), t~gt "th~e shall be no real estate brokerage office in the building upon the Locus".::~ 01 -J l~_d 2", o I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pai and penalties of perjury. SIGNATURE:l Applicant Attorney/Agent x (If not owner or own r's attorney, please enclose proof of agency to bring thisatter before the Board) FOR Zp~qFW:CE USE Application received on:Jf);1J;r!L By: ()j(A.JU Complete: Need co ies?: ~\ Filed with Town C1erk:jjJ s:: (ff PlanliJiigBoa. d. ---1 '_ BOI 109 Dept.:---1---1c-- By~~J Fee deposited with Town Treasurer: If /) iJi By: (lJi(i;aiver requested?: Granted:-"-"_ Hearing notice posted with Town Clerk:)}.) J IJ.f Mailed:-'1;!? f!i. I&M: / ~ f/ctj& Jl./IC!t!fl!- Hearing(s) held on:_/_/_ Opened on:-"_/_ Continued to:_/-"_ Withdrawn?:_/_/_ DECISION DUE BY:_/-"_ Made:-"_/_ Filed wrrown Clerk:_/_I_ Mailed:_I_I_ DECISION APPEALED?: 1 / SUPERIOR COURT: LAND COURT Form 4/03/03 4- S7.' II ",'I" \.\'" ( .. w .. . .. In .' +, + INFORM....TION SHOWN WUEON WA$ COMPILED FROM AERIAL PHOTOGRA~HS, DEEDS, AND PLANS Of RECORD ANO IS NOT TO If CONSTRUED AS HAVING SUfFICIENT ACCUR~ ACV FOR CONVEYANCE. ~;;;~~Q~rn&. -, Scal., I~~ liOOI 118 '0 M..tric Seol.. ..,.. ~VIVII~VV~ L~;~~ rAA OVO~~~~OJU K1::}\lJti l.;ULL 1 Cj\::iC ~OOl Jj /;l.J{)O Town of Nantucket l-ONING l30ARD OF APPEAjcl RECEiVED . . .. ",'-r'CORS ~ {....'! [,,> ',,: :""'!- 4- BOA F" , , ,,-, '4 ,..,,00 , 'k~ . OCT (I 7 2004 . I .~ .,'/ r-~f' II. IlA NANTI)(A"j:: l l nil L 1ST OF ? AR TLES rN INTEREST eN THE MA'iTER OP iRE PETITION OF . PROPERTY OWNER... ... ....dy~."...:-:-/.~.. ..._. MAl LfNG A DORESS ... ~t~. .~.~~~.~.,...9.~~Us~.~~l,1... ..~.~~~.~i:..~. '~'~~~'?!.~". LLP PROPERTY L~CA TION...... .,..., ,.-:;(...~~....~'?: ".S S E SSORS MA PIP ARCEL.. .. .. ........ . .1r:?t.. .~(. .~.,..:-:-. ..1., g,... '. .. . . .. A P PlICA NT.. .~~~~~ I.. G1:l.n~.c;:~~.~A /. .ff~.J.1.~~r" ~. ~~.f,~~r.~.... .L~~............... SEE AITACHED PAGES J ccni fy lh,t the foregoing is a list of ptrsOtu who ue owners o( abutti:\g property, ownCf$ or ' land directly opposite on any public Or private street or way; and abutters of the ab\mef3 and all other land ,Owners .....ithin 300 feel of lhe property line of owner's propel1)', all as ther appuT on the mO~1 r~cent applitllblr:: tlX lis: (M.O.L. c. 40A. Section 11 Zoning Code Chapler 1 )9. Setlion 139.290 (2) . &a:H.~,J~(}t: ~ -, /7 ~ r~.CI!? DATE . ASSESSOR'S OFFICE Town of Nilnr\Jckel .... .s .. .. .. .. Ii: .. Ii: .. .... Gl ~ ""Ii:"'''.''~''~'''''.Ii:..1i: Ii: .. 101:10 Ii: lOt: Ii: Ii: ~ i iillli!i!iii!l!iliiiiiiil!:!ii!!ii!iiiiii;i;i!" ~ .M 0 M .. ~O.N"ON.~.M.M ~ .OM~.~M.~ 0 . ~ MM. M ~ N N N . . N ~ ~ N N ~ N ~ N N N M N . . ~ ~ ~ M ~ . N ~ ~ N ~ ~ N N N N . ~ . . ~ .. . . ~ I ~ . ~ . . " . . . . . . . . . . . . N . . . ~ ~ 0 . . . . . . . . . . . " . 0 . ~ · ... . 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MA'li:...TltJ -,:T u)(.' ~~~(j!e: ,tin; l':ln Dotei JlA.14 1.,(., AS" ~':,], I rE, l....DT Z, 'PIa." boo\::. 10 I p.1I7 (IQu-L) ;cr~. 1;'-0- H M,n, ,aT size : ~,OOO S~, . ~.\.. froll:":'!. 50n. fionlJOrd setback, none::.. , '. \~:ine ~f:::.vc" '5 ++, Grcrfd~ ratio ~o ./. 11 I ' /1' - - - . -..,. ....... - , .. '.. -<0' ,.' ;," A ./ / 'J ..,I? 4-'<>' " /IJ .)../ V'" "'" '" q,9' lv C v :)-. ~Il/ ,. "t, ~, \.v,y "l{,( i'" _ "t"~~'1" ,.~~~ . / \ f 'v.L <...~ <. " JQ N ~ ~P< f l ~ 1'<0 (.I, .t ~~ '(0 <. <".I-t.- ;:s ~ ':y ,~t:' 'r,CI ~ b'.Jliding stown (Jl this .":r: . ::~te~ en the grourd os stown ."'..,- J';d !hel II ( Idees not ~J,:;,"- , 'c trl€ (".lrrel'll zoninQ reguloti:>ns ::;,.r ,,_,1; of ~J('r,'uC~e1.. is 0 101 ..)f 'I!-'.' t,~ ,~", ) 'r.e.l th~ premises srown on this ;. J~ ,~rli' ,_ ,'1'()1 io.."Oled) within 'h:: c- c'J HOUlrd toreJ os de:iIleOted Dt :~,e . ".,.r:;T,enl ct HO\f.ilnq and Urban :~,>:: . ",""~r,l . federu' insurance Admin~ ' , .b~::~'RETT a N:C~ J0SIAH S i'lARR ETT. %Jistered laid Surveyor '3 r.-1(Jr1ns ~one . .' .lontlJCket lstmd. Me, 02~ .;" ( 617). 228. 1313 Tnis brol ~!Jn WZlS nol modo! flWl on ~ ";JI',"~ (,rKi i<: rtll''lwn fn, In" ,.... nf 1hA ""^r1r......... 'str:' - ",'" -; :)a'''' 7 ~).7. $.,.. \\~.~. fl, ~ .~{,,\-'.'. ~ ........,-. " " ~ ...... ... .' ~ -1 -c-,':o.,~'I,~ > / . , :".. . i;!~~' '. ....-. '. ,~ ...., '.:,.' JfJ:i .~ .~ '''! . -., L.ANO IN NANTUc:t(ET WYLIE: L.. AND oS C A L. E. I 5' = I" .sURVEYED FOR~_ L.OUISe: W. C:OLL.INS MAY t, Iq6~ " MAY 211962 11. 2011 , RECEIVt:O AND ENTEIiED WITH NANTUCKET COUNTY DaDS BOOK OF ~LAa:~~Jr "~oS' //7 An' ~.~. REGISTER FILED FILE NO. /1'ir MAY 1 r '1962 HANTDCm l'w.s_ APPRQ,. "'~.:WEO MAY 1.71962 -.r'_ I.v~ 8., ~... (.J ~ ~ ~ '" 6 EOR&E 141. aUR&ESS ItT,q1. 3. .oS"' i; t.) ~ ".:1" V} I!:: UI 1&1 (!) ci I 2- < ../ .. AREA 70l.'30 :* Sea.. For c.e. 35'.75" GeaRe..!: W. f?)u ~<a e:ss .T At. , o J. q C') C;~.'. '#-b.90' . " c.e. ~ ... \&J W I It' / J... II) c., " Q 0 ... <( .... 0 ~ OJ 1 AI'lt"A ~ ;l..8o.:l:. .sQ.. FT. ~1'...1 NO~ ~b ,",O$IAH .s. eAR~E"TT, EN.R. t/. e.. - . ~i TOWN OF NANTUCKET BOARD OF AP.PEALS NANTUCKET, MASSACHUSETTS 02554 /9 Date: March , 199 MODIFICATION OF )39-85 AND A CERTIFICATE Of GRANTING OFXl~~X SPECIAL PERMIT (Massachusetts General Laws, Chapter 40A, Section 11) The BOARD OF APPEALS of the TOWN OF NANTUCKET, hereby certifie that a XXRXXNEXXX~~X~X SPECIAL PERMIT has been GRANTED: To:(Owner/APplica~t) George F. Nyren, Trustee of Nylee Trust (021-97: Address: c/o Reade and Alger, Box 2669, Nantll~kpt.. M:a. O?C)R4 affecting the rights of the Owner/Applicant with respect to land or building at: 4 North Water Street, Assessor's Map 42.4.2, Parcel 90, Plan Book 15, Page 117, Lot 2 Deed Re f e rence: 255/312 And the BOARD OF APPEALS further certifies that the attac~ed Decision is a true and correct copy of its Decision GRANTING the ~~*~~xfX~ffi~xSPECIAL PERMIT and that copies of the Decision a~~ c: all plans referred to in the Decisi<m have ,beeR fnQoQ.-with J:,heR-l.ao:lni Board and the Town Clerk. The BOARD OF APPEALS calls to the attention of the owner/ Applicaat that General Laws, Chapter 4'OA, Section 11 {last paragraph: provides that no ~~~~~~XXKR~t~x SPECIAL PERHIT, or any EXTENSION, MODIFICATION or RENEWAL thereof, shall take effect until (a) a CO?Y ( the Decision is certified by the Town Clerk that TWENTY (20) days na. elapsed after the Decision has been filed in the office of the To~n Clerk and no appeal has been filed (br, if such appeal has been file. 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 Recorda is recorded and noted on the Owner's Certificate of Title. The fee f such recording or registering shall "be paid by the owner/APplicant, ~C\_\;.{./ ( . - W3 (b _ OJ (jlt~ r"" ..-. ....\,. , \' . t TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 "Jul4 t4),q21 Re: Iv4LEE. (r2.l)S~ ~Oe.G-E.. F- /\.)(1 f2-e.Aj I Tf2uS7&S I l 07 )-.<61 ) _ '- Enclosed is a notice of the Decision of the BOARD OF APPEALS which has this day been filed with the Town Clerk. Any appeal from this action shall be made pursuant to Section 17 of- Chapter 40A of the General Laws, and shall be filed within twenty (20) days after this date. ~" ~ UJJ.L~ e.sAo,--tY)rut-- Lv i (\ \ 'n W\ R-. ~ ~0'1r0" I clro \ ~MCA n BOARD OF APPEALS ( BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, JUNE 26, 1987 at 1:30 p.m. in the Town and County Building, Nantucket, made the following Decision upon the Application of NYLEE TRUST, GEORGE F. NYREN, TRUSTEE (077-87) ~d~ess 182 Old Westboro Road, North Grafton, MA 01536. 1. Applicant seeks a MODIFICATION of SPECIAL PERMIT 039-85 dated July 5, 1985 granted by this Board to Applicant's predecessor NPA Associates, NPA, Inc., General Partner. That ~~~~.permit under Zoning By-Law Section 139-33A allowed continuance of Are tail ~f up to 850 SF first-floor space (less than 5 employees) and of a rear apartment and a second-floor apartment, also storage use of the 600 SF basement underlying the retail area. Such permit was conditioned on limitation to such uses and bricking a 4-space off-street parking area with limited curb cut for added on-street parking. We are told that those conditions have been met. 2. Applicant here asks that the 800 SF second-floor apartment space and the first-floor retail space be usable by the Town of Nantucket for the term of its lease (now set for 7/1/87 to 5/31/90) for municipal offices. At the end of the leasehold, Applicant wants thereafter a conti- nued benefit of the 039-85 Special Permit as it now stands (in addition to the on-going rear-apartment use and any basement storage use not affected by the leasehold nor by the requested permit modification). 3. Our findings are based upon the Application papers here and in our 039-85 proceedings, viewings, correspondence and representations and testimony received at our hearing. At the outset, we find that the 4-space parking area is now available and may, in practice, accommodate one or two additional cars. The Town intends to bar employee use of the parking area at least at times when the public needs use of the spaces on Town office matters, e.g., the Land Bank and one or more of the Historic District Commission, the Planning and 'Economic Development Commission and Planning Board. . . . (0-"-87 ) -2- 4. Where the prior retail and second-floor apartment uses required 6 parking spaces, the proposed office use requires 7. As we understand it, the municipal uses of the Town Building just to the south across Broad Street will not be correspondingly intensified, using space made available by relocation of certain operations to the leased premises. Instead, the remaining operations will be afforded the space, preciously unavailable, necessary for their efficient- functioning. Net impact on parking in the area ~uld be favorable, given elimination of the retail operation during the term of the Town's lease. 5. Accordingly, the basis for our prior grant of Special Permit 039-85 is not adversely affected by the proposed permit modification. The ~odification is found to be not substantially more detrimental to the neighborhood, but rather, in harmony with the general purposes and intent of the zoning chapter. The Planning Board's recommendation was (understand- ably) favorable as was the sole communication from a neighbor. 6. This Board, by UNANIMOUS vote, GRANTS to Applicant the requested MODIFICATION of SPECIAL PERMIT 039-85 (Book 246, Page 173) for the term of the Town's lease, whether shortened or extended. Dated: July 11./ 1987 Nantucket, MA 02554 I~J&L-- William R. Sherman t~1+ II /11'7 tl/~lIn /iJ.~ ~4t . 1{, r,. )J \ " " -.... \,~ __) l~ ~ (( Q c-r-<-- Dale W. Waine f ' TOWN OF NANTUCKET ,. BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 July 5, 1985 Re: N.P.A. ASSOCIATES, N.P.A., INC. GENERAL PARTNER (039-85) Enclosed, please find notice of a decision of the BOARD OF APPEALS which has this day been filed with the Town Clerk. Any appeal from this action shall be made pursuant to Section 17 of Chapter 40A of the General Laws, and shall be filed within twenty (20) days after this date. ~~~dL- William R. Sherman, Chairman BOARD OF APPEALS f BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: At a Public Hearing of the BOARD OF APPEALS held on FRIDAY, JUNE 21, 1985 at 1:30 p.m. in the Town and County Building, Nantucket, in the matter of the Application of N.P.A. ASSOCIATES, a partnership with General Partner N.P.A. INC., represented by Nancy A. Martin, President (039-85), address P.O. Box 792, Nantucket, MA 02554, the Board finds: 1. Applicant seeks relief under Zoning By-Law SECTION 6B (codified as Section 139-18, Parking Requirements) by issuance of a SPECIAL PERMIT. Applicant is able to provide 4 off-street parking spaces. If relief were granted, Applicant would be able to continue operation of retail shops in the premises without providing additional spaces. The premises are located at 4 NORTH WATER STREET, Lot 2, Book 15, Page 117 and are now zoned RESI- DENTIAL-COMMERCIAL. 2. At the original hearing on May 24, 1985, the Board heard testimony and representations on behalf of Applicant, no abut tors in opposition, and received a plot plan showing a May 17, 1962 ANR subdivision from the land of abuttors Coll~ns, plus proposed findings, also noted an abuttor's letter in opposition (on grounds of parking) and the Planning Board's unfavorable recommendation (because of area parking problems even without the added retail shops). The hearing was continued to June 7, 1985 for clarification of the number of parking spaces required and to be waived. 3. At the June 7th hearing, absent the Board's alternate member Beale, only documentary evidence was received, notably, Applicant"s 5 page memorandum of June 7, 1985, a set of floor plans, the Building Inspector's letter to Applicant of April 29, 1985 and reply of May 6, 1985, 3 photo- prints of the retaining wall, and a site plan showing the parking area bricked. The Application was continued to June 21, 1985. 4. At that hearing, based upon information from Applicant, the park- ing requirements were found to be: v (039-85) -2- Retail stores (1st floor-750 SF not including rear kitchen space or hall)-l P.S.per 200 SF Off-Street Parking Spaces 4 Commercial or business use-1P.S. for each 3 employees 2 Dwelling units (rear apartment and second-floor apartment)-l each 2 Storage (basement)-l per 900 SF 1 9 If conversion of the basement were allowed to provide additional retail space, 2-3 additional parking spaces would be required (assuming total maxi- mum employees on premises did not exceed 7). 5. Applicant's position is that only 4 off-street parking spaces are physically practicable without a significant and adverse effect on the scenic and historic integrity of the neighborhood. That area is now a hard- ened soil surface opening to the east along its length fronting on North Water Street. The area is bounded to the west by the retaining wall and north and south by property line and building respect ively. We find that the area cannot be enlarged without such adverse impact. 6. The Board indicated displeasure with Applicant's prior conversion of the first floor to retail use without parking or proper permit, what- ever the good faith, given availability of counsel familiar with zoning requirements. We are also mindful of the severity of the parking problem, particularly in the neighborhood of the premises, and official concern for strict compliance with parking requirements. 7. Nonetheless, being reluctant to terminate the first-floor retail use in mid-season with financial harm to Applicant's tenants, we explored increasing adjacent on-street parking. By limiting Applicant to a 12 foot curb cut, extending from a point 9 feet from the northerly line to a point (039-85) -3- 21 feet therefrom, two additional spaces may be available along North Water Street. To encourage use of the of~-street parking area, we would condition relief on surfacing the area with dry-set brick, designating the four spaces. With these conditions and limiting the use to two dwelling units plus the first-floor retail shops with less than 850 SF total and less than 5 em- ployees maximum, and restricting the 600 SF basement use to storage, we find further that the resulting parking relief is in harmony with the general purpose and intent of the By-Law chapter. Accordingly, by UNANIMOUS vote, the Board GRANTS to Applicant relief by SPECIAL PERMIT, under SECTION 139-18G, from the requirement of off-street parking spaces to the extent and upon the conditions noted in the preceding paragraph. Dated: July 5, 1985 Nantucket, MA 02554 ~~/f~ William R. Sherman j)0?-() t:) [) YJ2I~ Dorothy D. Vollans c~~:::\ ~~L.- --- f THE COMMONWEALTH OF MASSACHUSETTS Nantuck~t City or Town BOARD OF APPEALS Date: July 5 , 19 85 Certificate of Granting of V :uiaR~8 BF Special Permit (General Laws Chapter 40A, Section 11) The Board of appeals of the City or Town of Nantucket hereby certifies that a VariaRee 0' Special Permit has been granted To N.P.A. Associates, N.P.A. Inc., General Partner (039-85) Address P.O. Box 792 City or Town Nantucket affecting the rights of the owner with respect to land or buildings at 4 North Water Street, Lot 2, Book 15, Page 117 And the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said ""'WI:rial1ee- - 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 11 (last paragraph) provides that no \tariaaee OT 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 apPlican~ ~ ~ Chairman Clerk FORM 1094 HOBBS &WARREN, INC.. REVISED , , NANTUCKET ZONING BOARD OF APPEALS 37 Washington Street Nantucket, Massachusetts 02554 4 North Water Street Assessor's Map 42.4.2, Parcel 90 Deed Book 255, Page 312 Plan Book 15, Page 117 Lot 2 Residential-Commercial DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, March 7, 1997, at 1:00 P.M., in the Selectmen's Meeting Room, in the Town and County Building, Broad Street, Nantucket, Massachusetts, the Board made the following decision on the application of GEORGE F. NYREN, Trustee of NYLEE TRUST, c/o Reade & Alger Professional Corporation, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 021-97: 2. The Applicant requests a modification of the existing Special Permit granted in Case No. 039-85 (as amended by the decision in Case No. 077-87) to reflect actual present uses of the building upon the subject property (the "Locus"), and to enable conversion of the basement for use as a retail store. Relief by Special Permit is requested from the provisions of Nantucket Zoning By-law, ~139-18, by virtue of the provisions of ~139-18.B(2) and (3), which empower the Board to waive all parking requirements as to properties in the Core District and Resident Parking Permit District, in which the Locus is situated, to reduce the number of parking spaces from a total of thirteen for existing uses and those proposed by the Applicant, to a total of four spaces as now provided pursuant to the decision in Case No. 039-85. Relief by Special Permit is further requested from the requirement of providing a loading space, as required under By-law ~139-20, as allowed pursuant to ~139-20.C. Finally, the Applicant requests a Finding and Special Permit under By-law ~139-33.A, to approve the change of use of existing space within the building upon the Locus for permitted uses, notwithstanding existing nonconformities, on the basis that the change in use wil1 not be substantially more detrimental to the neighborhood than the pre-existing nonconformities. The Locus is situated at 4 NORTH WATER STREET, Assessor's Map 42.4.2, Parcel 90, is shown upon plan recorded in Plan Book 15, Page 117, as Lot 2, and is zoned as Residential-Commercial. 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. Several letters in opposition from neighbors, expressing concerns about perceived parking problems and intrusion of commercial uses in the neighborhood were presented at the public hearing. The Board members noted, however, that the Locus is situated in a Residential-Commercial district. Two neighbors appeared in person and made inquiries; thereafter, their concerns having been met, both of these neighbors then expressed their support for the application. 4. In Case No. 039-85, a prior owner of the Locus appeared before the Board of Appeals to obtain relief reflecting the prior partial conversion of the pre-existing, nonconforming (as to side yard setback) structure upon the Locus from residential to commercial use, a permitted use in the Residential-Commercial district, notwithstanding the impossibility of providing all of the required parking spaces (thirteen, as therein computed) upon the Locus. This relief was granted, conditional upon four on- site parking spaces being provided, with the entrance from North Water Street into the parking lot being narrowed to allow for additional on-street parking on North Water Street (it being now clear that, as a result, the required aisle width of 20 feet under By-law ~139-19.E could not be met). The decision further limited the basement to use for storage; other uses of the space in the building were described as two dwelling units, one on the second floor and one in the rear of the first floor, with one retail store with 750 square feet of gross floor area on the first floor. (The amendment of the decision in Case No. 039-85 by the decision in Case No. 077-87 related solely to the lease of the building to the Town of Nantucket for municipal offices, while not relinquishing any of the relief granted in 039-85; since that lease has now expired, the provisions of the decision in 077-87 are no longer effective or relevant.) 5. As presented to us by the Applicant, the uses upon the Locus now consist of a dwel1ing unit upon the second floor; an office containing about 750 square feet in the front of the first floor; an office containing about 734 square feet in the rear of the first floor; and storage in the portion of the basement which is not devoted to mechanical systems. The Applicant expressed his desire to have the Board ratify and confirm each of these uses, notwithstanding the failure to provide all of the required parking spaces and loading areas in dimensional conformity with the requirements of the By-law, with the option to have the front office on the first floor used for either office or retail use from time to time, and further to convert about 550 square feet of the basement to a retail store. The Applicant suggested to the Board that, in the light of other cases in which the Board has granted relief from parking requirements in the downtown area, and the improvement of parking conditions as affecting the Locus, with four nonconforming but practically usable spaces on- site and two additional on-street spaces, as a result of the 1985 decision, it would be equitable to grant the relief as requested, particularly as the Applicant is providing considerably more practically usable parking spaces than most downtown commercial uses of similar scope. 6. Accordingly, by a majority of four members in favor (O'Mara, Williams, Hourihan and Waine) and one opposed (Sevrens), the Board of Appeals voted to GRANT all of the relief requested by the Applicant (modification of the existing Special Permit to reflect the actual uses of the building as herein described and the conversion of part of the basement to a retail store, Special Permit waiver of all parking requirements under By-law ~139-18 so that the Applicant will only be required to provide the four nonconforming spaces now provided so long as the total number of spaces computed under the By-law as required for actual uses upon 2 the Locus shall not exceed thirteen, Special Permit waiver of the loading zone requirement under By-law ~139-20, and a Finding and Special Permit under M.G.L., c.40A, ~6, and By-law ~139-33 .A, that the change of uses in the pre-existing, dimensional1y nonconforming structure upon the Locus as herein described will not be substantially more detrimental to the neighborhood than the pre-existing nonconformities); subject, however, to the following conditions: (a) There beverage license in upon the Locus. shall be no food service or alcoholic connection with any of the commercial uses (b) There shall be no real estate brokerage office in the building upon the Locus. (c) All trash shall be kept within a covered enclosure. (d) Any retail stores upon the Locus shall be open to the public only between the hours of 9:00 A.M. and 8:00 P.M. daily. (e) The uses upon the Locus shall be as set forth in the following table (with the front rooms on the first floor to be used from time to time as either retail or office space without further relief from the Board of Appeals), which also sets forth the number of parking spaces computed as being required for each such use: Nature and Intensi of Use Dwellin unit on second floor Retail or office use in front rooms on first floor, 750 s . ft. Office use in remainder of first floor, 734 s . ft. Pro osed retail store in basement, 550 s . ft. Employees for above retail uses; up to four employees in two stores TOTAL PARKING SPACES REQUIRED Dated: March~, 1997 f:\wp\nyren\4nowazba.dec Parkin S aces 1 4 4 3 .~~ 3 1'(/ ! iI' , ; ?'I! l '~H i -~ II) z < .;.J I- . o.UlCll: , j ClI: < UJUJ <I-ClI:' ): -< - ~ ): g ." Z::x:O'lf ~I-ii"" I-ClI:... -OCll I-Z_ ~'lf 0. "\.,,"- '0 <-IJ .Ii:, .1 ;;f.~r ~'--" ~,t :'~~ .' I / , / / \ B ~0 ~ I I~ @ ~ ~ @ 'M: IN3WltlVd30 3Hlj 13>lJOlNVN li!t!:FS"J~^8 ..58-1/~-p31va /"\lN3l^J3~\fld 801~313a UOj 31d38~V~31SASV'Jl:lVlV 381:1 , ~ ~ ..1 =.171l ~OOlJ 15 I .LS ~:UV/o\ H.L~ON V NVldllV/O\'Y NOI.LI.L~Vd @\( c:: -0 ~ [lj ^' Ii] ~ . . ~ ~ . ;":".1,, , . ~ JJO paddQJ ,~- vn:.-Js:' '~A8 ....S'8-U~b31va IN3~J38\fld }j0183130 HOj 31d3~JV ~31SAS V'JH'V1V 3HI:I J"fl/1 ~l.Lr'l @s - //. .' /?, ~ ".1 =_17/1 ~OOl.:l puz .LS ~3.L V '" H.L~ON 17 NVldllV"'~ NOl.ll.lHVd I,' ,f . . .A tV . r Ii. (,N/L-' C (-'"- ,. - - ~ >. ,~~~ 1- 9 y ~~ 61.. :ai. : ~'. . : -: . : -: . : -: . : . : . : -: -: -: -: . : -: -: -:. ..< -: -: M'\\I rttainin '\\I an: : : : : : : : : : : : : : : : : : : : : :: ::::::::: :-. . . . . . . . . . . . . . . . . ...' . : .' . :: : : : : . . : PARTITION &WALLPlAN : . . 4 NORTH WATER ST - 8ASEMENT tn\ 1/4-= (fi. \[7 in . - RE AU\RM SYSTEM ACCEPTED! ,R DETECTOR PLt\CEMENT TE4-I1-8s BY r .)V. Srrlpl..A,. t.o j NTUCKET FIRE DfPARTMENT ':"f' ~ [rtr4v] II DN ,t @ am '-' . ,.,:. .~~ 'If 4 '- ~eam lagged under existing beams. I \ ~.. :.x. . ~~-: ~ . co 'U1 @ rll 1 ~ <: / ~ t. 10dtcotes eX1S 109 beoms over '\.. /t.. < . . ::: :::::::::::::::: :::::::::::: ::::::::: ::::::::::::. ::::: ::::.:.: ::::: ..... ~ ~, 7' , , , '1 new port' tl ot)S f"1e I tiT- ~ ,.,.' " . 111.. :a;1. . -:!:!::! . .;~'. , ... } l~ N I ...-; Nth ytr ST Bm-;-- "- ::> tx-, z. - C : ~ J01St -pfun. ;t-/I Ul Pc.. N 11.- = 1--0.. - I ., ,..- t? .""" I 1 I ~ Chi mney Existing full 2"XS"joistsa. I .1. Ul Heprtp. average 20"o.e. 2x12 joists 16" ole odded to bring existing floor to ~ ~ 2x 'Y" I ~J:)c code regulat ions. If? 4x6 timbers wi 11 be t;!ut. under all sQanni ng beams',ffi JP~V~I! 11'. . "', -- ~...' . . .----.-.. . c'., .. - .-- - ~_.. - ( . ~ . 2)(. ').r I' " ...... I :,0'" ; jZJJN - -, -, ~ ~ . fI ON t{ ~ ~ ~ ~ mI-: ..",,!. .r .r <0~ .p~~ tV. 't OF 3 f-\ ." 4 Nth Wtr st ,Sth Wall Sect. 1/4. = 1--0. 6'6M - Door. [xis1iog fun 6x7M1/4. /' Sills. 16. -- 1 2 DOOR AREA Typical Wall.Existing :v.o:::.::;.:.. . r'J'.tJ'f::.;::,{( ...:.::..:., ..t _ _ _~'/;;!/..:::.:::.' - ....,.: Clay'. ...... ..- --.,., ..' . ::. ::.: -=-=-... /::..~.~.:::./.:.j.:. :....: New Sx24 Footing Joi sts.:- .,.:"New Retaining Wall 9Mx24M. under & besi de ulUQ" grade 1 eye l. 2x 12 will be installed, 16Mo/c to reinforce existing main floor. Threshold Area /)10 wolmonized ..: .iiiii~iiiiiiiaiiiiiiiii~iiiiiiiiii:.... The joists will be notched to enable double joist hangers to be applied as necessary Electric wires will haye to be remoyed and replaced during sistering. (j) Moin beams must be sUQRorted ot 011 times, and 4x6's added under each. '171 'J f' ~(bITI }-f eft?; 1 ...' I. \fl _ 1-I..."1i0\1..- pu u.- $ ,A-"-, "..I {!]<l- FL(-\-~it1rJ (c ~e).1/l-rrC ~ _ l-li.;"~e..J . @ _ ~,...Z"" oF" ~&E"" ttV\"f "Jx,1~U"'~ <V ... PI.,.eD ~r~eC HO\"1" ty?(~TtJ!J.JIf'(i"'~ ItJl>iw1Cl>) @ _ f'''''"'''' .J<'.d,..i L ~\\,>\-uVl S/vl.CK-e- 'D.J-<<.~. @_ \ t c Ii iH.- f'iwic e\ ;>..<tW<1...- S, "<t k Shtl1c ,1 &.w~ Det<< ..J<.e.. r A t.i J] ... 4- _ 2-<>'" C" vi a>rfI(l!1!.1'e cJ <> ~ f}/'l N v '" <!. i ,1-1"<.>.e. [ f ~p J... 4- _ 7-<>,) C" FI ~ ftl.JI"I'...l-\ \!." ..~t..- rAN t:L w t'fll- (.,0 1+tJ-S OF GA1"~i s1i\t-ll> l2>i "'\6r... &.-i\1"I2"VI \CLI..... 1....'" ~'\-I....- ~ ~ 0 Pr':>1 e;(!...1?Pf. ""IV 8,," /.n,,"fAcu...0> ~ F",~-xd-r t'c<<U\l'~,,1-\<-..rr:::,. f\ I...L- W 11'-1 .J &-"10 ~A--ri?D I C>'-< C... - CUI\c.eu)~ oL in ?/~ Po 1'<..... lYe b J q 11 (cJj"M . I. f- r) I5)tS eft'\. .t'AV 1-) It 5.) (( (1,e,) y- p(pv.e... (' (j fLo<) f.!-. () .t L c- f'-' 0\.... 1f ,&- ( 1'" ~f}cP lied ))4-€l!--k,t!~ A' '-.?ei<.- ,.WPk 1~ ~) II 4:) <<~ , TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: March /9 , 19 97 To: Parties in Interest and, Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: ()?1-q7 Owner/Applicant: Gli'OF~li' F NYRF.N. 'T'RTT~'T'F.F. OF NYT,F.F. 'T'RTT~T Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in 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 an complaint in 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. Michael J. cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING' TO NANTUCKET ZONING BY-LAW 9139-301 (SPECIAL PERMITS); ~139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.