HomeMy WebLinkAbout030, 031-77
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Minutes of a meeting of the Board of Appeals held on January
18, 1978. Present were members W. Holmes, E. Cahoon, and J. Barts h.
In the matter of the petition of John D. Slavitz et ux, 030-
77:
The members reviewed the minutes of the hearing of December
20, 1977 and reviewed the material and information presented by
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Richard J; qlidden, Esq. Specifically, Mr. Glidden stated that th
professional office and the dentistry practice were be..lieved to be
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a neighborhood serv1ceestablishment allowed with a special permit
under the provisions of the Nantucket Zoning By-~aw (IV - B. 2).
The Board had expressed reservation at including this profes-
sional office as a neighborhood service establishment and requeste
Mr. Glidden to secure conflrmation or to submit a memorandum. Mr.
Glidden stated that h'e'would: obtain confirmation from the Departme
of Community Affairs, Office of Local Assistance. Mr. Glidden con
sented to the postponement of any decision in this matter.until
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such time as he obtained such verification.
The chairman preseuted a letter of January 10, 1978 from the
Nantucket zoning offices, which is hereby made' a part of this hear-
in~ and meeting file.
After reviewing the letter and after due consideration of the
information available, the Board found:
1. The petitioner's professional office and related physical
facilities and improvements are a neighborhood service establish-
ent as set forth in the Nantucket zoning by-law;
2. The area and the neighborhood surrounding the petitioner's
remises is primarily. residential with one property used .as a car
epair shop and beauty parlor;
3. The appearance and use of the petitioner's premises is pri
arily residential with approximately one-half 'of the total improve
ents devoted to professional' offices; .
4. This use can be allowed in this area without harm or in-
ury to otner area properties since the proposed 1mprovements w1ll
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be residential in appearance, will require no exterior commercial
use, will not exceed allowed ground cover, and can be confined
within certa~n set-back or set-off boundaries and further protecte
by screening.
5. The by-law anticipates such uses and grants the author1ty
to issue permits subject t.o certain determinations and ,safeguards.
Upon motion by Mrs; Cahoon, seconded by Mrs. Bartsch, it was
unanimously voted to grant the petition for an exception and spec1 1
permit subject to the following conditions:
1. No part of the pr~posed improvements shall be placed
closer than 40 ft. to any line of the property of any owner abut-
ting the petitioner's parc~l, and the proposed improve~ents shall
not exceea those shown on the plan (Ex. 1 - WFH) submitted by the
petitione:r';~and,' ,
2. At~such time as Lots 77 and 78 shall be improved with re-
sidential dwellings, the petitioner shall cause to be placed and
maintained along the nort~erly line of petitioner's property a
suitable living hedge or series of plants or trees to constitute a
screen and "sight barrier between Lots 77 and 78 as shown on the
plan introduced by petitioner (Ex. 2 - WFH) and the property of
the petitioner.
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WHEREUPON, the special.
is conditionally granted.
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In the matter of the petition of Richard Lewis (031-77):
The chairman reviewed the information presented by Mr. Lewis,
the petitioner, at the time of the hearing. Mr. Lewis owns a par-
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cel of land at Union and Fayette Stree~s which is presently used
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as a funeral home and .office. The premises are improved with a
two-story, wood structure-l,260 sq. ft., garage - 820 sq. ft.,
storage barn - 1,060 sq. ft., and storage barn - 600 sq. ft.
Mr. Lewis has an allowed ground cover of 2,382 sq. ft. and
now has improvements totalling 3,740 sq. ft. and desires to add an
additional 788 sq. ft'. of new area. The proposed improvements are
shown on a series of plans filed with the Board and incorporated
herein (Ex. 1 ~ WFH). Mr. Lewis told the Board that his operat10n
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is the only funeral home service on Nantucket arid has insufficient
space to accomodate an increase in business and the required stor-
age of materials. There -is no alternate location available to the
petitioner.
The petitioner stated that his situation is that of a vital
service establishment trapped in a location which, because of th~
enactment of zoning, cannot now be used properly.
A review of the minutes showed that Mr. Donald Visco, Chair-
man of the P~anning Board, appeared before the Board of Appeals to
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recommend the petition.
There was no opposition to the petition at the time of the
hearing.
After due deliberation the Board found:
1. The petitioner is required to expand his facilities in or
der to provide a vital community service;
. 2. The prohibition of the additional area because of ground
cover requirements constitutes a hardship to the petitioner;
3. A variance permitted expanded ground cover can be allowed
wi thout detriment to ..the' ~lei"ghborhood since there will be no addi-
tional living quarters,sewerage use, or waste discharge, and a
great majority of properties in this area now occupy ground cover
in excess of 50%; -
4. There ,is no alter;nate location available to the petitione
wi~hout the necessity of spending a great sum of money.
On motion made by Mrs. Bartsch and seconded by Mrs. Cahoon,
it was unanimously voted to grant the petitoner's request for a
variance to increase allowed ground cover to 40% with a correspond
ing increase in floor area.
WHEREUPON, the variance is granted.
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