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HomeMy WebLinkAbout035-02 -- TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: DUne tf , 2 ad .:;t.. To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Owner/Applicant: 035-0) /J-rL cM~o17 '- TP nf)rf (J Application No.: 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. v cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOS~ SPECIAL PERMITS AND V^RIANCES 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 67, Parcel 251 5 Surfside Drive Residential-10 Land Court Plan 26439-H Lot 29 Certificate of Title No. 20264 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, May 10, 2002, 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 ANDERSON GRENNAN, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 035-02: 2. The Applicant is seeking a MODIFICATION of the Decision in Board of Appeals File No. 061-01, which granted a Variance to validate the Locus as a separately marketable and buildable lot from an adjacent vacant conforming lot. (The present Application was filed in the name of the former owner, William F. Grieder; subsequent to filing, the Applicant herein consummated his acquisition of the Locus.) The Applicant proposes to continue to use the existing nonconforming commercial structure for the present use of warehousing and storage, with addition of the storage of tents and related equipment and supplies to the previous use for wholesale distribution of paper goods and beverages. To accomplish this change, and to the extent necessary, the Applicant is also seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law ~139-33 .A, for the alteration or expansion of a pre-existing, nonconforming use or structure. The Decision in BOA File No. 061-01 specifically stated that there could be no expansion or change in the pre-existing, nonconforming commercial use without further relief from the Board of Appeals. The Applicant also proposes to convert a portion of the interior space to a small dwelling unit. This would result in an increase in on-site parking requirements from two to three spaces, but all three required spaces would be provided on-site. No expansion of the existing footprint of the existing structure is proposed. The Locus Assessor's Map 67 26439-H as Lot 29, district. is situated at 5 SURFSIDE DRIVE, is shown upon as Parcel 251, is shown on Land Court Plan and is situated in a Residential-10 zoning 3. Our accompanying Decision is materials, based upon the and representations Application and and testimony 1 received at our public hearing. No recommendation was received from the Planning Board. There was opposition presented at the public hearing and in correspondence by counsel for the owner of the abutting parcel which was formerly in common ownership with the Locus and benefited by relief from this Board. No other support nor opposition was received. 4. As set forth in the Decision in Board of Appeals File No. 061-01, the Locus is improved with a building which has been used by the former owner of the Locus, continuously from 1968 until the Locus was sold to the Applicant on April 12, 2002, as a facility for storage and warehousing, in connection with a business of distribution of paper products and beverages. Relief was granted in that case to validate the Locus as a lot in separate ownership from the adjacent conforming vacant residential lot. In the Decision, the Board granted relief subject to the condition that there be no expansion or change in the commercial use of the Locus without further relief from the Board of Appeals. Although the storage activity proposed by the Applicant, for the storage of tents and related supplies in connection with his business of the rental of tents for social occasions, which he and his employees install at renters' sites, together with continuation of the distribution of paper products and beverages stored in the building upon the Locus, continues the use of storage and warehousing and the area so used would not be expanded, the Board of Appeals considered the inclusion of tent storage within the building to be an expansion of the commercial use. The proposed inclusion of a dwelling unit in the building is a permitted use in the Residential-10 zoning district in which the Locus is situated. 5. Concern was expressed by the neighbor I s attorney that the tent storage acti vi ties would increase vehicle trips and periods of usage of the commercial building upon the Locus. The Applicant contended that the portion of the building used for tent storage would diminish the area used for storage of other materials, and that the overall impact of the proposed activities would be the same or less than the prior use. In addition, with the addition of the dwelling unit without expansion of the footprint of the structure would reduce the commercial space. Furthermore, customers would not be coming to the property, as delivery would continue to be made to off-site locations. 6. Based upon the discussion at the public hearing, by a UNANIMOUS vote, the Board of Appeals made the finding that the expansion of the commercial storage activities upon the Locus to include storage of tents and related items would not be substantially more detrimental to the neighborhood than the pre- existing, nonconforming use of storage and warehousing of paper products and beverages, subj ect to the conditions set forth in 2 Paragraph 8 of this Decision. In fact, there would be a reduction in impact with the reduction of commercial space, and little to no additional impact with the addition of tents, as there would continue to be no customers coming to the site, which is consistent with the previous business. 7. Accordingly, by a UNANIMOUS vote, the Board GRANTED the requested SPECIAL PERMIT relief under Nantucket Zoning By-Law ~139-33. A, to allow the expansion of the pre-existing, nonconforming use of storage and warehousing (which also includes an office space ancillary to the business) to include storage of tents and related items, and construction of an interior single- family dwelling unit, without expanding the footprint subject to the conditions set forth in Paragraph 8. 8. The relief granted hereby is subj ect to the following conditions: (a) There shall be no outdoor storage of goods or materials upon the Locus, and the two 16-foot trailers used for transportation of tents may be parked outside between May 1 and October 31 in any given year. (b) There shall be one business on site and all commercial acti vi ties upon the Locus shall be conducted by the Applicant, personally or through a single business entity operated or controlled by him. (c) No active commercial activities shall be conducted upon the Locus on Sundays except between the hours of 9:00 A.M. and 5:00 P.M. (d) The single dwelling unit structure shall contain not more than 600 area. within square the existing feet in floor 9. The condition set forth in the Decision in File No. 061- 01, that there be no expansion or change in the commercial use of the Locus without further relief from the Board of Appeals, shall remain in full force and effect. 10. The Board waived site plan review for this proj ect under Nantucket Zoning By-Law ~139-23. 3 (035-02) Dated: :Lr\u, 2002 r-- \ \ Edward C. Murphy 4 -i-" .-.. o~~ :IE":;..:" :z:: ~ : ("") :: r _, f'T",,' :;oi ? ~ ;AJ ~ I ~ r"--oI ., j ~ -0 \..U :'1 l-~- ~ l...,.,.-.." ~ V1 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 WNING BOARD OF APPEALS will be held at 1:00 P.M., FRIDAY, MAY 10,2002, IN THE CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: WILLIAM E. GRIEDER, OWNER AND FOR ANDERSON GRENNAN, CONTRACT PURCHASER BOARD OF APPEALS FILE NO. 035-02 Applicants (Grennan) is seeking a MODIFICATION of a Decision in BOA File No. 061-01, which granted a Variance to validate the Locus as a separately marketable and buildable Lot, from an adjacent vacant conforming lot. Applicant proposes to continue to use the existing nonconforming commercial structure for the present purpose of warehousing and storage. The present use in connection with wholesale distribution of paper goods and beverages would be continued, with the addition of the storage of tents and related equipment and supplies. To accomplish said change, and to the extent necessary, Applicant is also seeking relief by SPECIAL PERMIT under Nantucket Zoning By-Law Section 139-33A (alteration/expansion of a pre-existing use/structure). The previous Decision specifically stated that there should be no expansion or change in the pre-existing, nonconforming commercial use without further relief from this Board. Applicant also proposes to convert a portion of the interior space to a small dwelling unit. There would be an increase in the parking requirement of one (1) space, but all three (3) required spaces would be provided on site. No expansion of the existing footprint of the present structure is proposed. The Premises is located at 5 SURFSIDE DRIVE, Assessor's Map 67, Parcel 251, Land Court Plan 26439-H, Lot 29. The property is zoned Residential-l0. (~~J~~ THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. ~;"~:""~ ,c~__<l--_-___~Eii~ ;-"""'A-;}~ BOA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 April 3, 2002 Date CASE No. r/3:;~ 02 APPLICATION FOR RELIEF Owner's name(s): William E, Grieder Mailing address: 4 Chapel Way, Nantucket, Massachusetts 02554 Applicant's name: Anderson Grennan (Contract Purchaser) Mailing address: c/o Reade, Gullicksen, Hanley & Gifford, LLP P. O. Box 2669, Nantucket, Massachusetts 02584 Location of lot: Assessor's map and parcel number Q2-25l Street address: 5 Surfside Drive Rcgiotry Land Ct Plan 26439-H Lot ~ Date lot acquired: 1Q/~/~ Cert. of Title No. 5639 Zoning district R-10 Uses on lot - commercial: None or Warehousinq and storaqe MCD? No - number of: dwellings __ duplex apartments rental rooms Building date (s): all pre-8/72? ~ or C of 07 Building Permit appl'n Nos. Case Nos. all BoA applications, lawsuits: File No. 061-01 State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose compared to present and what grounds you urge for BoA to make each finding per Section 139-32A __ if Variance, l39-30A __ if a Special Permit (and l39-33A ~ if to alter or extend a nonconforming use) If appeal per l39-31A & B __' attach decision or order1 appealed. OK to attach addendum2 The applicant proposes to purchase the locus and to continue to use the present structure thereon for the present purpose of warehousing and storage. The present use in connection with wholesale distribution of paper goods and beverages would be continued, with the addition of the storage of tents and related equipment and supplies. The decision in File No. 061-01 specifies as a condition of the variance relief thereby granted that there shall be no expansion or change in the pre-existing, nonconforming coItUtlercial use without further relief. Accordingly, the applicant requests modification of the existing variance decision in File No. 061-01, and to the extent necessary a Special Permit under By-law ~139-33.A (alteration of pre-existing, nonconforming use), to permit change in the products and materials to be stored from paper goods and beverages to tents and related equipment and supplies. The applicant also proposes to convert a portion of the interior space to a small dwelling unit. All required parking spaces would be provided on-site. No expansion of the existing footprint of the present structure is proposed. Items enclosed as part of this Application: order1 addendum2 Locus map ~ Site plan ~ showing present ~ + planned __ structua:-es =- -0 Floor plans present __ proposed __ elevations __ (HDC approved? __) :::0 Listing lot area ~ frontage ~ setbacks __ GCR __ parking data ~ ~ Assessor-certified addressee list 4 sets ~ mailing labels 2 sets x --0 $200 fee payable to Town of Nantucket ~ proof3 'cap' covenant __ ~ l(If an appeal, ask Town Clerk to send Bldg Comr's record to BOA.) ~ \0 ....; N ::0 m n iH ,,,.. '.... I"n o I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under the pains and penalties of per~;~ ~~ / SIGNATURE: ~/,..tl~l Applicant __ Attorney/agent ~ f/ 3(If not owner or owner's attorney, enclose proof of authority) FOR BoA OFFICE USE Application copies rec' d: 4~r :f)o~ BoA on Lfl Y pt2 by Ct!lh One copy filed with Town Clerk on ~/fd.t2I(]2-bY ~p~ complete? [.-/ One copy each to, Planning B d and BUil~in De~t ;SL..J~~ . bYL~.~ $200 fee check glven ?fw)"l,.!reasurer on 2.It(d2~bY tdJ2Ip) waiveci? _ Hearing notice posted l~(fl.mailed t1L I & M 'd.,j2fd(]2, :if L/CL Hearing(s) on __1__1__ cont'd to __1__1__, __1__1__ withdrawn? __/__/__ Decision due by __I __I __ made __I __I __ filed TC 1 __I __ mailed __/ __/__ See related cases lawsuits other F:\WpG\Grennan\Anderson\ZBA APP.doc .: ZONING CLASSIFICATION: . R .-/0. MIN. AREA: . . . . . /099.Q .5:/f" MIN. FRONTAGE: . . . . . . Z;.s-.J:;T fRONT YARD 5.8.: . . . . . ~/' .Q ?r REAR & SIDE 5.8.: . . .. .0 .r::r GROUND COVER (7.): . . . ~C? .% ~"''':.....~'..~. ..,~ "'b..~~~,-"t.._"''''''.'~ EXISTING: . .~~$8.:& $:~ .~./?<A/v // . . . . . . . . . N IV . . . . . I . I . ij ~7- ;250 N/r a..o. ~ a .5. J;J/<:"R/<.. / / I I /00.00 '(;), 0-:1 G7-Z'Y9 /'l/r- w:: ~ CJC /A;:o,e;-.K.. ~c. o () g \: ,] I l' I -' 'fiA1- "'I AS -~ ./ g, I I " - ',e. (). I I I ... _4. , '-; ~~.~~ ... -. - - - k: 0-: ASM,a."/-~oA.i) -S UleF..5/05 .oA:'/V.€ f!!I}JAJ!gf~(/ f -'/()~o?.. TO: ft4rr?!Cf:.$T ~K. . . . . . . . . . I CERTIFY, TO THE BEST OF MY KNOWLEDGE, THA.r ,T13f: PREMISES SHOWN ARE LOCATED IN FLOOD HAZARD ZONE: . ~X. . .,DEUNEATED ON F.I.R.M. / COMMUNITY PANEL NUMBER: 250230-00. /:"? J), BY THE FEDERAl. EMERGENCY UANAGEMENT AGENCY. EFFECTIVE DATE OF MAPS: JUNE 3. 1986. AND f.S PERIODICALLY REVISED. THIS PLOT PLAN WftS PREPARED FOR MORTGAGE PURPOSES ONLY AND IS NOT TO BE CONSIDERED A FUll INSTRUMENT SURVEY. THIS PlAN SHOULD NOT BE USED TO ESTABUSH PROPERTY UNES, FENCES. ,HEDGES OR ANY ANCILLARY STRUCTURES ON THE PREMISES. THE PROPER1Y UNES SHOWN RELY ON CURRENT DEEDS AND PLANS OF RECORD. THIS PLOT PLAN IS NOT A CERTIF1CATlON ftS TO THE TITLE OR OWNERSHIP OF mE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT ASSESSOR RECORDS OF mE TOWN OF NANTUCKET. \ :J '. , , -~/ - -\. MORTGAGE PLOT PLAN OF LAND IN NANTUCKET, MASS. I SCALE: 1" = 30 DATE:A?,e /~ /<,00;2 Owner: .WIM.(-1~.~~ .~I9'4'"'.p~~. . . . ,,(,OT '<9 Deed: ce-./:':T.5~.:;5.9. . Plan: '?<;,.~~.7"...r9'/f ..5" Tax Map: . 07-: ;;:$'1. . Locus: .s~~&,$. CHARLES W. HART & ASSOCIATES. Inc. SANFORD BOAT BUILDING 49 SPARKS AVENUE NANTUCKET, MASS. 02554 (508) 228-8910 H-~U6 c: JOBS\CWH'\lAPP NOT TO BE RECORDED. / ,~/ / ","~"'S ",,- I-'~ .,,,,,,,- ~ / " 'j-... '--- ./' \~ ,,410 \ """. \ l..i?1 -1- -;::1- , "---- "l/'.a.1 , " ----- '-----,,- r___________ ~,- ""'~ ~ !2'/-3 J ' 1-1 REVISION' ~Cfl QAft ,...,,:( O,l!f ----- 8o-'.\~ -roll - PAIl(t:. ----L- ,,-I LEGEND -- ~'. ~~.~ d dt~o'el not .onll'uctJd 3. 8 S ~ - :el'lo'" LiQhl ~OUl' Baptist CtU,tfCtl . . o:'t~~"8:,O~I~.",'1 Oi!lric1 .Cc.mmUt.. u . 01 Amlflco =E=f j--- =t:::-:i <>R~A.Tl':;l:-j ~H()wN HERE ~ "\ flC'~~ AERI"I. r~TOGRA~ ~:'~ ~SC:,aECC-~').~"lr_; I~ N(;.~ ~O'.:',~' _. ' 1o-i....~,,~G SUf;..r;f' '_\'Y''''~YIo.-1C[ ....,.,...;.;. Jj~~""r;;,0.-;"<n, _. !.G0.~,}-\ ~Ul~9 ~,"'U~\o._<.' j'" . " ' _____J 194 , --_''':'~',;. I....-.~~-'--;. . Form LCE-S-J. 2M.l~94J65.t r--SU~~;VI~I;;-~Lli-~ OF LAND IN NANTUCKET I Essex Survey Service . Robert B. Bowman, Surveyor June 11, 1968 ~ /6 'i' i' ~ ;"':..:n ,'..'.;. ':.b':_~:'" ~ ~: ..; '" '- ~ ;"" ~ "'- IJ '" \) ,,; "- \ " <::J 'I, Il) 'J~ " ," (: J <:: ~ <::J o t:'/}/)<s '"(../"/ 't ... ..., ~~ ,--:.; "> 'f. .... ~ of. ~ <C. ~ .~ "- L '" ~ ~ ~ " '- 10 <:> -<:l f',. 'n l) ~ -, <: ". ~ '--- ^. '0 '" ~ ~ C.5. I ! ~ -) ". ~ (.:. I I , ~ '1 ". <) ~ , ." ..."'. 100.00 , \ N ':0" co' 10" \\' ') ') '\ ') ~"- ,~:.;;,., }''''~' ~,:_'3:~" /9 ~-..r,~ '\"'. 5.':": ':i', ~ I ~t~ ~ c.~~ / ~' !i Subdivision or Par!Aor Lot 1 Shown on Plan 2643~- Filed with Cert. of Title No. 4781 Registry District of Nantucket County Separate certificates of tdle may be issued fOr land sllown !Jereon as _hL'!:.~_._ u _ u _ _ __ u uu.u,' ..u By tile Court. L'n ,- ,., ----u - . ~......Jt-J /:;;?,,~c~ 1Aq _et;.T..2~l:J.€5... .---...: -. -))~--Reco~de; 26439H .f '/ I ~. '1 \,,'J "') I ~ ,.; -:;; " \) " ~ C' ~ ., '.> .;::: ~ ~~ " ~ " < () ~ '" ~ ~py 01' part of plan -fllr:din- LAND REGISTRATION OFFICE - ocr: z~ 1!J68 _ Scale offhis plan ,30 feet to an inch eM. AndersDn. Engineer fOr CDurt ti t. ~. 'I ,-5 " -, ,).. ~i'Jt.~' 'f-<', ~',l ,?:, ~ 000121 CE:- 094614 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: Chti1~, i-r, '-.1'(.:::; r../t!/ L ! L- , 20 0/ To: Parties in I~cerest 2nd Others ccncerned with the Decision of the 3JARD OF A??EALS in t~e Application of the following: llPplication No.: 00/-0 I W/(tJ/ ;~; I'/J c, err /E'" (:{JrJ f~ 01mer I Appl i can t: Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of t~e Nantucket Town Clerk. An Appeal from this Decision may be ta~en 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. ~otice of the aCGion ~ith 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, cc: Town Clerk Planning Board Building Commissioner ~ :::u ry"' CJ 0 -i c-: ~~_.. , : N 0- rr; -0 ;;0 I'''' j'TJ :::x: _.. w W 0 0\ PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING'TO NANTUCKET ZONING BY-LAW 9139-30I (SPECIAL PERMITS); 9139-321 (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. ,. 1,\: '-~ 09461.~ 000122 TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MA 02554 Assessor's Map 67 Land Court Plan 26439-E, Lot 19, Certifi(4te of Title No, 5495 Parcels 251 and 249 Land Court Plan 26439-H, Lot 29 Certificate of Title No, 5639 5 Gild 7 Surfside Drive At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1 :00 P.M., Friday, September 14, 2001, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, MA on the Application of William E. Grieder with a mailing address of 4 Chapel Way, Nantucket, MA 02554, Board of Appeals File No, 061-01, the Board made the following Decision: 1, Applicant is seeking relief by VARIANCE under Nantucket Zoning Bylaw Section 139-16A (Intensity Regulations-minimum lot size), or in the alternative, relief by SPECIAL PERMIT under Nantucket Zoning Bylaw Section 139-33A (8) to validate tvvo (2) lots as separately marketable and buildable, shown as 5 Surfside Drive (Lot 19 on Land Court Plan 26439-E) and 7 Surfside Drive (Lot 29 on Land Court Plan 26439-H). Lot 19 is a conforming 10,000 square foot vacant lot adjacent to Lot 29, which contains about 8,688 square feel. Lot 29 is improved with a commercial building approximately 30' by 60'. The commercial building was constructed in 1968 and has been operated continuously in conjunction with Applicant's wholesale distributing business for paper goods and/or beverages since then, No change in the commercial use of Lot 29 is proposed in this Application, Applicant seeks relief to be able to maintain the separate status of the tvv'O (2) lots should the Lots be considered merged for zoning purposes, Relief 'NOuld result in one (1) conforming residential lot and one (1) pre-existing nonconforming commercial 101. The Premises are located at 5 Surfside Drive (Land COL1:t Plan 26439-E, Lot 19) and 7 Surfside Drive (Land Court Plan 26439-H, Lot 29), Assessor's Map 67, Parcels 251 and 249, respectively, The property is zoned Residential-10, 2, The Decision is based upon the Application and the materials submitted with it and the testimony and evidence presented at the Hearing. The Planning Board made no recommendation as the matter was not of planning concern, There were no letters received regarding this matter. There were t'NO (2) area residents i ~ .\. . r t I. ~; f ~, l.'i- j' , r " " ..t { 1. \ ;- 00012;:' 0946:14 present who spoke in favor of the Application and there was no opposition expreSSed at the hearing. Applicant represented that he had contacted as many neighbors as he could and none expressed any concern to him, 3, The Applicant, through counsel, represented that he purchase<! the tV{() (2) lots at different times in 1968 prior to the 1972 enactment of the Nantucket Zoning Bylaw by the To\:\'Tl of Nantucket The Applicant acquired Lot 19 on January 29, 1968. Applicant has continued to own lot 19 in his name since the date of purchase. Lot 19 has a lot area of 10,000 square feet which conforms to the current dimensional zoning requirements and has not been built upon or used for the commercial activity which takes place at 7 Surfside Drive (lot 29), The Applicant receives a separate real estate tax bill for Lot 19, Lot 19 may be tainted by the nonconformities of the abutting Lot 29 and is undersize<! under current zoning, 4. The Applicant acquired Lot 29 on October 3, 1968. lot 29 has approximately 8,688 square feet Lot 29 does not meet current zoning requirements for minimum lot size, The lot is an unusual size and configuration from other lots in the Dias subdivision in area, most of which appear to contain at least 10,000 square feet of area. IfIJhen the lot ViaS carved out of the subdivision the easterly lot line was angled to allow the creation of a way for possible future subdivision by the developer behind Lot 29 as shown on Land Court Plan 26439-H and 26439-L This created a reduction in the lot area. The Applicant buiit the existing about 30' x 60' commercial warer.ouse facility in 1968 on Lot 29 and has continuously operated it for his wholesale distributing business for paper goods and/or beverages since then, This commercial activity has not encroached onto Lot 19, The warehousing and commercial activities on Lot 29 are a validly pre--existing nonconforming commercial use in what is now a residential zone, No change in the commercial use activity and building are requested in this Application and the Applicant proposes that the lot will retain its original pre-zoning square footage. Each Lot receives a separate real estate tax bill from the Town of Nantucket Lot 19 may be tainted by nonconformities of the abutting Lot 29 because of its nonconforming use and lot size, The Applicant believed that the t'MJ Lots were grandfathered under Zoning as t'MJ separately buildable and marketable lots. If Lot 19 had been built upon and held in different ovmership prior to zoning Lot 29 vvould not taint it. 5, Therefore the Board finds that Variance relief can be granted to validate Lot 29 as a separately marketable lot containing a pre-existing nonconforming commercial use and to cure any tainting of lot 19 that could prevent Lot 19 from being Ci separately marketable and buildable lot for uses permitted under current zoning, The Bocrd also finds that the Lots have been treated as separate lots with separate title and tax histories, and the Applicant acted in good faith. The ) I 00012'~ 09461.~ Board further finds that Lot 29 is an unusual size, shape and configuration, Most of the other lots created in the Dias subdivision in this area appear to contain at least 10,000 square feet of land, When, Lot 29 was carved out of the subdivision, the easterly lot line was angled to allow for the creation of a way for possible future subdivision, by the developer, behind Lot 29, as shown on Land Court Plan 26439-H and 26439-L This angling of the lot line created the reduction in the lot area. The size, shape and configuration of Lot 29, does not generally affect other lots in this zoning district. Lot 19, although tainted by the-conditions on Lot 29, cannot be used for comme~cial activity since it is in a residential zone. Therefore, the Board finds that a literal enforcement of the Zoning Bylaw would involve substantial hardship, financial or othervvise, to the Applicant and desirable relief may be granted without nullifying or substantially derogating from the intent or pur90se of the Bylaw, The Board further finds that if relief is not granted, the Applicant would be left with one lot, with the tvJO lots merged, having square footage approxi:nately twice the size of other lots in the area, This vJOuld result in a 10,000 square foot residential lot tied to a commercial lot and a situation where the cOmmercial use could not expand onto the residential lot. This VJOuJd involve . a Substantial hardship to the Applicant requiring him to keep both or sell both lots if t~ey wer~_.~erged, . 6,::.Accordingly, by UNANIMOUS vote, this Board GRANTS the VARIANCE REt,lEF requested under Nantucket Zoning Bylaw Section 139-16A (!ntensity Regulations) to validate Lot 29 as an about 8,688 square-foot lot, containing a validly pre-existing .nonconforming commercial use, as separately marketable and.buildable fr'om Lot 19 and to validate Lot 19 as a separately marketable and buildable lot with all rightsassociated with a conforming lot in this Residential-10 zoning district The grant of relief is conditioned upon the following: II ale Waine '/ .' ( 'L/'" " -- '../'---' I Edward Sanf?rd /~Jt~ Jaward Tobie ~0---? ~. --1_; ~/ :::0 {-?n-:-- ~ Iii Ed'~,1\1Ur~ ~ ::,~ ,c. f'i ~,' ::v f" ',J,B3lJ HNi\11 . '~<:n : \J'Q N. /~ c , J i r/'-- "" -0 W I.'.. r'~ o W 0:> 1 {.::E.RTL~Y T'f"V\T 20 Di, YS RAVE 21.AFS'ED A.Fi'i::1t 'Y"~iz:. t)EC~::~;)!,j ~~y:~s ;:ILED rN T'i:[}::.'8r:'~f:;:: ei:" T?L.'? 2[: Ed lL 180 10. (13/\ \ '.:~ :'; ":-j d NOYO' 2 2001 L <{ L ~ ~' -< c ." Li. ~ :.D ~ ~ o o Z +-' c: Q) E ~ C) o c; " " ;li c ;;. j' !\" i.", ~ t1 e . it: >;.f' ~ ~ (J) ~ ~ o 00012( ci z -+~ (= ill E ~ '::..) Cl ,---, ,.--< ':~ \"4 C,[) ~ :.... (j) :~ Z :::;: - ~~ ....' s- .!:) \r- ~ r<J :::+I .;:: = (/) E .S o -J ~ C'-J " 0 ~ ~UJ ci ~ c5 Z ~ ~ ocr z z 2; ~O ill '" UJ ~ ..... ~ 0 I- ~ c: ;: fl g '<C .~ 2: u.. Q CD o,..l Li: E ~ ? ~ g ii [5 i= ~ ~ f:: a: UJ ::;:I ? > ..J 15 ~ 0 (.) ,p- w g z 0 0 ~~I a - t- o UJ <:) Ul Cl I-- 1lJ UJ w o a: t:: f- a z,~ <( z --.. ...... (5: ~ db TOWN. OF NANTUCKET ZONING BOARD OF PYPE.-\LS 80 A.I::: 0 r--- . ! IIA '... \.., .....' '. ,- " DO..... i V: .-;') ,c::A;:'.. -'-J 10.',,",',;--.. APR "'-<SSOAS o 4: 2002 N rOL1/,' > ~^'TI ~"v (It:: 1\1 UCf{ ~I Er, tv1A LIST OF PARTIES TN INTEREST IN T~;:- !\1ATTER Or Tht PETITION Of \ N' l' .-- c' d PROPERTY OWNER:..,vJI Jam,J::""d,n.e ec.",,,. MAJLING ADDRESS. ,Y,,{~J)(l[)eL~'\I44_INa()1L{CkC+ PROPERTY LOCATION. ",5......~:l1!'F:?i (J~,Dri'fe, ,. ASSESSORS MAYfPARCEL....,_..,(cl..,/Q,5,L,...... ..,,,.., . '" . S\JsMITTED By:__PeQde,J,6,ujl1cKsen;J'-'~n'eLj..~G,[{ord I LJY SEE ATlACHED PAGES I cend'} thzlthe foregoing ;s 2. list of persof:s who 2fe O\\7JefS of zbuEI:lg property, 0\\;<:5 c/ :c.:~ dHcCtiy opposIte on 2ny pl'bllC or prl\'2le S\re~t or \\'2Y; CI;C 2burlcrs of the 20urcers 2nc ;:;; c:r.::' i2f10 o\\ners \\lthin uuee hUfH:ireo feel oflhe propert)' line of owner's property, 211 2S they 2.~p~z:: Of! the most recent app1Jc2ok iZX lis~. (M.G.L c. 40A, Seetior: II Zorn.r:3 Code Chepter 1:;9, Seelio:; 139-29D (2) ) tjf/o~ ..'~~dt:q, .~ D?~TE ASSESSOR'S OrfiCE TOVlN OF NANTUC~ET ~NFORMATION REQUEST FORM Assessing Office( 16 Broad street, Nantucket, (508) 22.8-7211 MA ~4A~€'r~~I: ,'r-- - ' ') Date APPLICANT tJ I L/ loa pick-up [X] ~JerSDn 6renf'CVl dO ,'Jf)f]2 - , Return by M41iU\r;c ] .'-.- Name Rende, (;ll11ic:kspn. Hrmlpy F. r,iffocr1. fep Address Six Young' s ~VnY city Nantucket State MA ~honc ( 508 ) ~28=3DR z~:= ~. _ n2554 SUnJECT PROPE~YY Map # - &;7 Parcel # - d.5i - - Wilt j cun --- 6(i eder Owner - t. - Address - S- SLLr{side Drive - - 01 Fiscal Year ) NClrrtu.cleJ TYPE OF I~~ORMATION 1_ Abutter's List___($11.00 per hour or part thereof) ----r ] a. Board of Health.............-......[ ] b. Conservation commission............( ] c. Liquor License._..-................[ 1 d. zoning BoaLd of Appeals............(v1' 2. Property Card_...($l.OO ea.).............-........-.-.( ] 3. Maps.. H . H H __ __ ($11. 00 per hour or).. -- -- -- -- -- ..-.-. .:-' (. ] a. Full Size...($3.00 ea.l....--.-....( ] b. Index.......($1.50 ea.).-...-......[ ] b. Letter size. ($0.25 ea.)............( ] 4. Topographic Map.. ($11.00 per hour or $3.00 ea.).......( ] 5. Sales Report.....($l.oo/page).........................( ] 6. Other............($11.00 per hour or part thereof)....( ] Explain: Allow ten (10) days for processing. Payment is due upon return of information requested. This is not a r~ceipt. -~'~ . j tn .~ ~ .u III -M 8' HIi:1 III ::.:: ~ () Q) P .uE-i ~~ ~ .:: Z Z Z o ..:l ..:l ..:l t>: .... 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