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Home My WebLink About106-07 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: ~IJ.II ,2008 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 106-07 Owner/Applicant: Michael Molinar g i. -j--;- C-. ..,.., ,.., CD t J ....":..... ""."". ..~ , r'- _ - - \J N Enclosed is the Decision of the BOARD OF APPEALS which h~ this day been filed with the office of the Nantucket Town Cler~. 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. Mi 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. NANTUCKET ZONING BOARD OF APPEALS TWO FAIRGROUNDS ROAD NANTUCKET, MASSSACHUSETTS 02554 Assessor's Map 42.3.1 Parcel 7 Residential Commercial 1 Chestnut Street Book 594, Page 203 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 p.m., Friday, January 11, 2008, in the Conference Room at 2 Fairgrounds Road, Nantucket, MA on the Application of MICHAEL MOLINAR of 99 Orange Street, Nantucket, MA 02554, Board of Appeals File No.1 06-07, the Board made the following Decision: 1. Applicant is seeking a Modification ofthe Special Permit relief granted on October 14, 1998 (Board of Appeals File No. 083-98) whereby Applicant was granted reliefto convert the existing residential structure to retail use, a waiver of fifteen (15) parking spaces and a waiver ofthe loading zone. Applicant now proposes to convert approximately two hundred sixty-five (265) square feet of the existing third floor storage space to office space to be used only by the owner/manager of the retail business. If deemed necessary, relief is also sought pursuant to Nantucket Zoning By-Law Section 139-18 to waive one additional parking space. The premises is located at 1 Chestnut Street, Assessor's Map 42.3.1, Parcel 7. The property is zoned Residential Commercial Downtown (RCDT) district. 2. The Decision is based upon the Application and the material submitted with it and the testimony and evidence presented at the hearing. The Planning Board did not make a recommendation. There were three letters of support --one being from the closest abutter at 3 Chestnut Street, and the other two from neighboring businesses. There were no letters in opposition, and no one spoke in opposition at the hearing. 3. Applicant, through, counsel, represented that he plans to use an area on the third floor of his building, which has previously been used as storage space, for his office. Having an office on the third floor, separate from the retail space on the second floor, enables the owner to have more privacy while performing routine office tasks. 4. Therefore, based on the foregoing, the Board finds that modifying the existing Special Permit to allow 265 square feet of office space on the third floor, and to waive one additional parking space will not be substantially more detrimental to the neighborhood than the existing non-conforming structure. The proposed office is ancillary to the retail use ofthe premises and the Board finds that no addition need for parking spaces will be generated. 5. Accordingly, by a UNANIMOUS VOTE, the Board GRANTS the requested relief to modify the existing SPECIAL PERMIT and to waive one additional parking space under Section 139-18 upon the following conditions: a) The Office is ancillary to retail use of the premises and will not be open to the general public. Dated:~. II ,2008 .~ ~=_....===--~ --~.._-' COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. --M February L, 2008 On this ~ da 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. ~r$6V Notary Public: ElJf.~ M,.,-t My commission expires: '/>>/It. TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKE T, MA 02554 d ........ ::u fn '") PUBLIC NOTICE -1 o -- ...iI2:~- ~~I;:",._ I c::J c:-:J N .t::.. ! ; f- " "J:::lo :......... , .'~ o ,', A PUBLIC HEARING of the NANIUCKET ZONING BOARD OF APPEALS is schec[t1led for) 1:00 PM January 11, 2008 in the Conference Room at 2 Fairgrounds Road, Nantucket,.~ 02554. The application materials may be reviewed at the Zoning Board of Appeals office at 2 Fairgrounds Road, Nantucket, MA 02554 between the hours of 8:30 AM. and 4:30 P.M., Monday through Friday. Written comments for the January 11, 2008 meeting must be received by 4:30 PM on Wednesday, January 2,2008 and may be addressed to the Nantucket Zoning Board of Appeals at the above address, faxed to (508) 228-7298, or e-mailed to jbreschelt'iiJnantucket- ma.iov MIG-IAEL MOLINAR, FILE NO. 106-07 The applicant is seeking a modification of a special permit in order to convert two hundred sixty- five (265) square feet of the existing third floor space to office space to be used by the owner of the retail business. The site is located at 1 Chestnut Street, is shown on Nantucket Tax Assessor's Map 42.3.1 as Pan:el7, and is shown on Land Court Plan Book 14, Page 23. 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Fee: $300.00 File No. 106.. 01 Owner's name(sLMlC~ae1 Mrill1aY Mailing address: / C1Al~rnl)f ()f IVlliItfutk--r1- h1A- OZSS"t Phone Number: ?()B. ~z,~. ftplJo 1- E-Mail: Applicant's name(s):-M((MAel M()ll~ar Mailing Address: I ()"-shruf 51 ~Mfwvk-l M4 tJ2'ITf Phone Number: 5(JB. z,z. g. ~ DO r Locus Address: / CVtf~hAuf ~f E-Mail: Assessor's Map/Parcel: 12..3.1 l::r I Land Court Plan/Plan Book & Page/Plan File No.: Deed Reference/Certificate OfTitle:.5Cft/ llJ 3 Zoning District RG Uses on Lot- Commercial: None_ Yes (describe) R-e. h::li I hu si~ r~~ Residential: Number of dwellings Duplex Apartments Date of Structure(s): all pre-date 7/72 X or Building Permit Numbers: Previous Zoning Board Application Numbers: 083 - CfB 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile State below or attach a separate addendum of specific special permits or variance relief applying for: I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: SIGNATU Owner* Y.Cd~L/ *If an Attorney or the Agent is representing the Owner or the Applicant, please provide a signed proof of agency. pplicantl Attorney 1 Agent* OFFICE USE ONLY Application received on:_1 _I _ By:_ Complete:_ Need Copies:_ Filed with Town Clerk:_1 _/ _ Planning Board:J _I _ Building Dept.:_1 _I _ By:_ Fee deposited with Town Treasurer:_1 _1_ By:_ Waiver requested:_ Granted:_1 _I_Hearing notice posted with Town Clerk:_1 _I _ Mailed:_1 _I _ I&~I _1_&_1_1 _ Hearing(s) held on:~1 _I _ Opened on :_1 _I _ Continued to:_1 _I _ Withdrawn:_1 _I_Decision Due By:_1 _1_ Made:_1 _I _ Filed w ITown Clerk:_1 _I _ Mailed:_1 _I _ 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile Applicant is seeking a Modification ofthe Special Permit relief granted on October 14, 1998 (Board of Appeals File No. 083-98) whereby Applicant was granted relief to "convert the existing residential structure to retail use under Nantucket Zoning By-Law Section 139-33A(a), a SPECIAL PERMIT under Nantucket Zoning By-Law Section 139- 18 to waive fifteen (15) parking spaces, and under Section 139-20C waiving the loading zone requirements". The relief was conditioned upon "no more than two thousand six hundred seventy-three (2,673i:) square feet of retail space, and no more than one thousand three hundred (1 ,300i) square feet of storage space on site. The third floor of the subject property, consisting of approximately six hundred two (602) square feet is used partially as storage space and partially as "dead space". Applicant is proposing to convert two hundred twenty-four (224i) square feet ofthe existing third floor space to office space to be used only by the owner/manager of the retail business. If deemed necessary, Applicant is seeking relief under Section 139-18 to waive one additional parking space. ."1.\ .'1.'~' ,. .. ;2.3.4_27 I N 103,000 REVISIONS DATE PARCH n,uJ' ",ur~1 42.3.2-'3 42.4.2-33 N,# 'JRACY W. & SUSAN ROOT 42.4.2-32 N,# ROBERT S. SHAPIRO, 'JR. 42.4.2-31 N,# COUNTY OF NANTUCKET I'l.AHnHc s' 8OAAo FelCE 42.3.1-8 N,# , QiE5TER S. BARRETT, ~. 42.3.1-6 N,# QiARLE'S G. CARL. TRUST 1IIBER RETAIIfNG IWJ. \ CHESTNUT ZONING Q..AssACAnON ' , ,D1S1RlCl; RC = REsIDENTIAl. COIIIIERaAl. fT07i (ri! i" U li7 r.,; I ~1 MlNJMUlI lOT SIZE = 5.DIJO Sq. Ft Ii ,,{_ . ~ .~ . '" ~!"', MINIMUM fRoNTAGE ~ ~ Fl. Ii tI, Ffia . 'lJu"7 Iii ',' F1lONT YAAD SElBAQ( = N(WE LlU _. ~ < ". REAR '&; SlOE UNE SElBAa< - 5 Ft.. AS B~.PLAN L: MAX. GROUND COVER RA no == ~ EJasnNG G.ciR.; 35X . fly lAIN. OPEN sPACE REQuJ/lEJ) ~ 20x . NANTUCKET, M . , EJasnNG oPEN sPACE: = 22.5% (J~,:;" i:u~i) SCAlE: 1.=20' OAlE: 5/9/2001 · lOT IS SUBoECT m AND HAs lHE IlENEFJT OJ'" A z.aA. DEED REfERENCE: BK.594 PG DEaSlON 10/14/98 FOR PARkING", SlIlO'AAD SElBAQ( P '. 14/23 PRllPERlv UNES SIlOllN ARE: TAKEN FROII ~~, il>f A5SEs.~. .~ REFERENCE: 'fED AND PlAN REFER/lEJ) m fIEREON. BUllDIN -'':-lItiAlJ::::' ". 18 P AReEl..: 7 ~Di1s. E1C.' ARE: i'l.OTJEo FROII fJa.D ImIsuREl.tENlS. PREP ARErl 'FOR: ~ =~ mSll~~ ~ ~s~c:f'CE: fiJ J J'Dr " 9 8 ~ISfiAEl MOUNAR ~.~,!NI/~J~~~~23o; '.,., NANTUCKET SURVEYoRs INC. f.SS. EfFEcnI/E: 7/2/92 BY lHE FEDERAl. ~ ..... . ...... -.5 ..IIIbIQ.Y.," Y . IERGENcy MANAGEl.tENT AGENcy. Vrir.u,....... OJ "tNAb(~}.lA. 02554 . .B..191 146 _ 6228 -..... N-6226 . Pia<ET FDICE WAlX C8 _3 If ~ IAClt FND 799 ROAD) ( ;K.24.PC.13J 723f STREET ~ It