HomeMy WebLinkAbout073-08 Varian
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NANTUCKET ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
CASE NO. 0'7j - 08
FEE: $300.00
APPLICATION FOR RELIEF
Owner's name(s):_ Henry and Miriam Varian
Mailing address:
c/o Reade, Gullicksen, Hanley & Gifford, LLP
Applicant's name(s): Same
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Mailing address: 6 Youn2's Way, Post Office Box 2669, Nantucket, Massachusetts 02584
Locus address: 54 Union Street Assessor's Map/Parcel: 55.1.4/32 i' )
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Record for Lot: Plan File Plan File 46-C Lot No.: 1
Date lot acquired: 7/23198 Deed: 7431312
Zoning District:
RC
Uses on Lot - Commercial: Restoration and retail sales of antiques and furniture
Residential: 1 Dwellin2
Building Date(s): All pre-date 7/72? yes
Building Permit Nos.:
Previous Zoning Board Application Nos. : 025-95 (Book 474, Pa2e 177)
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:
See attached addendum.
I certify that the information contained herein is substantially complete and true to the best of my
knowledge, und~et pai and penalties of per. y.
, .. 7' AS' _
SIGNATURE: Z---""- /ff/C'rlJtf"I Applicant Attorney/Agent x
(If not owner or owner's attorney, please enclose proof of agency to bring this matter before the Board)
FOR ZBA OFFICE USE
Application received on:~_I_ By: Complete: Need copies?:
Filed with Town Clerk:_I_I_ Planning Board:_I_I_ Building Dept.:_I_I_ By:
Fee deposited with Town Treasurer:~_I_By:
Waiver requested?:_Granted:_/~_
Hearing notice posted with Town Clerk:_1 _I _ Mailed:_1 _I _ I&M:_I _1_ & _1_1_
Hearing(s) held on:_I_I_ Opened on:_I_I_ Continued to:_I_I_ Withdrawn?:_I_I_
DECISION DUE BY:_I_I_ Made:_I_I_ Filed w/Town Clerk:_I_I_ Mailed:_I_/_
DECISION APPEALED?: 1 1 SUPERIOR COURT:
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LAND COURT
Form 4/03/03
..
ADDENDUM TO APPLICATION FOR 54 UNION STREET
Back2round:
The locus, known and numbered as 54 Union Street, is 4,512 +/- in the R-C district, which
requires a minimum of 5,000 SF. The lot is improved with a 1.5 story dwelling with 896 +/- SF
of ground cover and a detached one story garage, totaling 585 +/- SF of ground cover, in a zone
that allows 50% groundcover. The garage is sited as close as zero feet from the southerly (side)
lot line at its closest point and is sited as close as 1.46 +/- feet from the easterly (rear) lot line at
its closest point in a zone that requires 5 foot side and rear yard setbacks. Both structures pre-
exist the adoption of Nantucket's Zoning By-law in 1972.
The garage structure is used as a retail building for the restoration and sale of furniture and
antiques pursuant to the Special Permit granted in File No. 025-95. No relief was needed for that
used in this zoning district, but the owner sought and was granted approval for changing the use
of a nonconforming structure from ancillary residential to commercial, a waiver of one of four
required off-street parking spaces, and a waiver of the required loading zone. The Zoning Board
of Appeals conditioned this relief as follows: 1) no power tools between 8 AM and 6 PM, 2)
proper disposal of hazardous waste, 3) use of the garage limited to the use described and to the
owner/applicants, 4) entrance to the garage on northern side, and 5) no exterior displays of goods
or merchandise.
Relief Requested:
Applicants request a Modification of the existing Special Permit in File No. 025-95, and any
further relief as may be necessary under Nantucket Zoning By-law S 139-8 or S 139-9 to convert
the conforming dwelling into a store to sell antiques and art.
Applicants seek a Modification and relief as may be necessary under Nantucket Zoning By-law
S139-33(A)(4) to change the use of the garage structure, which encroaches the side and rear yard
setbacks, into a dwelling.
The Applicants also seek a Modification and relief as may be necessary under S 139-18(A) for
relief from the off-street parking and aisle width requirements, and from S 139-20 for waiver of
the off-street loading zone. Applicants note that due to the pre-existing buildings and lot
configuration, as shown on the enclosed plan, it is not possible or practical to provide
conforming parking spaces with required aisle width and also a loading zone for this lot.
However, Applicants do propose to relocate the existing rear deck to improve the situation.
Alternative plans are provided showing different parking and aisle width options.
Applicants note that a portion of the new access ramp will be sited as close as 2.7+/- feet from
the northern lot line at its closest point. However, this encroachment, an access ramp to facilitate
the ingress and egress of handicapped persons, is exempt from zoning pursuant to MGL Chapter
40A, Section 3, and does not require relief.
The lot and structures otherwise conform to all other dimensional zoning requirements.
Town of Nantucket Web GIS - Map Page
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Property ID 55.1.4
Location 54 UNII
Owner VARIA"
Co-Owner
Owner Address
Last Sale Date
Last Sale Price
Book/Page
Lot Size
Land Use 1 Code
Land Use 1 Desc
Land Use 1 0/0
Land Use 2 Code
Land Use 2 Desc
Land Use 2 0/0
Out Building
Value
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Value
Total Exempt
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Utility
Land Class
Zone
Use of this facility is dependent upon acceptance and understanding of Use Conditions and Data Caveats contained on
http://host.appgeo .com/nantucketma/Map. aspx
1011 712008
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NANTUCKET, MA
DATE: OCTOBER 16, 2008
FLOOR PLANS
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po box 7523, siasconset, ma 02564
508.246.9484/508.267.6437 fax
dbriendesign@yahoo.com
De5igllto and drawingl hereoo are property of
Deborah M. Brien and may no! be used without
expressauthorizalioo. All applicable copyright
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SCALE: 1/8" = 1'- 0"
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po box: 7523, siasconset, ma 02564
508.246.9484/508.267.6437 fax
dbriendesign@yahoo.com
Designs and drav.'ings hereon are property of
Deborah M. Bnen and may not be used without
express authoriZation. AR app~cable copyright
laws can and will be enforced
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expre&8 authorization. AI appkable copyright
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WEST ELEVATION
Designs !Ind drawings hereon lire property of
Debofillh M. Brien and may not be used without
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laws can and will be enforced
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dbriendesign@yahoo.com
SOUTH ELEVATION
De$ign$ and drawings hereon are property of
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DATE: 10-16-2008 SCALE: 1/8" = 1'- 0"
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dbriendesign@yahoo.com
EAST ELEVATION
Designs ilIl1d drillwlngs hereon are property of
Deborah M_ Brien and may not be used without
express authori2:"tion. AI app~cable copyright
laws can and will be enforced
DATE: 10-16-2008 SCALE: 1/8" = 1'- 0"
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po box 7523. siasconset, ma 02564
508.246.9484/508.267.6437 fax
dbriendesign@yahoo.com
NORTH ELEVATION
Dee.igns and drawings hereon are property of
Deborah M. Brien and may not be used without
express authoriZation. AI applicable copyright
laws can and will be enforced
DATE: 10-16-2008 SCALE: 1/8" = 1'- 0"
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8DOK0474~~G( 171
T<?.~N OF NANTUCKET
BOARD OF APPEALS
.
NANTUCKET, MASSACHUSEITS 02554
Date:
May 5
, 1995
CERTIFICATE OF GRANTING OF~ SPECIAL PERMIT
Massachusetts General Laws, Chapter 40A, Section 11
, ,
The BOARD OF APPEA~S of the TOWN OF NANTUCKET, hereby certifi.. 'I
that a ~~PECIAL PERMIT has been GRANTED I
TOI(ovner/Applicant)
Nancy A. Walsh, Owner, and Henry J. Varian,
-----.
Hi,:ia.. Varian, and Michael McIntyre, Contract Purchasers (025-95)
Address I c/o .eade and Alger, Box 2669, Nantucket, MA 02584
affecting the rights of the Owner/Applicant with respect to land or
building at I
54 Union Street, Assessor I s Map 55.1.4, .Parcel 32,
Plan File 46-C, Lot\1
Deed Referencel 189/59
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 Ownerl
Applicant that General Laws, Chapter 40A, Section 11 (last paragraph)
provides.that no VARIANCE and/or SPECIAL 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 havo
elapsed after the Decision has been riled in tho office of the Town
Clerk and no appeal has been filed (or, if such appeal has been filed,
that it haa been dismissed or denied) and (b) the certified copy i.
Tecorded in the Registry of Deeds for the County of Nantucket and
indexed in the grantor index und.er 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 ehall be paid by the Owner/Applicant.
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Chair.an
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'outh .e.ab It~eet
Haatuaket, Kaaaachu..tta 0255.
A8....or'. Map 55.1.4, Parcel 32
Book 185, Page 5'
R..idential-Coemercial
Lot 1
Plan ,Ue U-c:
54 UniOll 8tnet
nECISION:
1. At a public hearing of the NaDtuck,t Zoning ao.Z'd. of
Appeal., on'riday, May.s, 1"5, at 1:00 p... in the Seleataan'.
meeting room, in the Town and county auilding, Broad Street,
Nantucket, Ma..achusetts (continued a. a result of an error in
the original notice from April 7, 1"5), the Board made.. the
following decision on the application of HENRY A. VARIANj Ht.IAM
VARIAN, and MICHAEL McINTYRE, Contract Purchasers/Applicants, and
NANCY A. WALSH. Owner. c/o Reade II Alger Professional
Corporation. Post Office Box 2669. Nantucket, Mas.achusetts
025a4, File No. 025-95:
2. The Applicants are seeking relief by SPECIAL PERMIT
under Nantucket Zoning By-law 5139-33.A, to use a 5Ut garage,
said to pre-exist and not to conform with zoning requirements;
for the restoration of furniture and antiques and incidental
retail sales. The garage i8 said to be pre-existing and
nonconforming as to setbacks, being sited O.02t feet at its
closest point from the southerly side lot line and 1..12t feet at
its closest point from the rear lot line, in a zone which'
requires a 5-foot side and rear yard setback. The Applicants
also seek additional relief by SPECIAL PERMIT, under Nantucket
Zoning By-law 5139-18.B(41. in order to waive one (1) of the four
(41 required off-street parking spaces. The Applicants further
request a SPECIAL PERMIT under Nantucket Zoning By-law S139-20C
to waive the requirement of providing an off-street loading
facility for the commercial use. The subject property (the
"LOCUS.) is located at 54 UNION STREET. Assessor's Map 55.1.4,
Parcel 32, shown as Lot L on plan recorded with Nantucket Deeds
in Plan File 46-C, and zoned Residential-Commercial.
3. Our decision is ba~cd upon the application and_~
accompanying materials, and ~''''presentati~)'_._~I}~. MatimonyloV
received at our public hearing. There was ~rnnn'1'tig Board
recommendation. There were letters from two abutters presented at
the public hearing, neither of which opposed granting of the
requested relief.
4. The Applicants propose to convert the existing garage
IItructure upon the Locus for use by them as a workllhop for the
restoration of furniture and antiques, with retail sales of some
of the restored itemll utilizing the same IIpace. This is a
permitted use in this Residential-Commercial dilltrictl however,
the garage structure i. nonconforming with respect to .ethack
requirements, a8 set forth above. Furthermore, the Applicants
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presented a proposed parking plan, drawn by John' J. Shugrue,
Inc., dated February 24, 1995, a copy of which is attached hereto
all Exhibit A, which shows, that three (3) conforming parking
spaces can be provided upon the Locus; four (4) would be
required, three for the proposed retail use (at the rate of one
per 200 square feet of retail use; there will be no employee
space II required, since the Applicants represent that only the
resident craftsman, initially the Applicant Henry J. Varian, will
be present) and one for the dwelling upon the Locus. Under 5139-
18.B(4), special permit relief may be granted, reducing the
required parking by up to 30\-, and the requested reduction in
required parking from four spaces to three is a 25' reduction.
Finally, Off-street loading facilities are required under 5139-
20, at the rate of one for each business on a lot; relief can be
granted therefrom by special permit under the provisions of 5139-
20.C, if this Board makes the findings set forth t~erein.
S. By UNANIMOUS vote, the Board made the following
findings:
(a) That the nonconforming garage structure upon the
Locus pre-exists the zoning requirements with which it is
nonconforming, and that the proposed alteration in its use will
not be substantially more detrimental to the neighborhood than
the existing nonconformity; the use is a permitted use and the
exterior of the nonconforming portion of the structure will not
be changed in footprint or massing.
(bl That the waiver of one of the fou'r ,r,equired.
parking spaces will be in harmony with the general purpose and
intent of the By-law, and that compliance with the parking
requirements set forth in 5139-18 would be physically impossible
for the Applicants to prOvide.
(c) The granting of relief from the off-street loading
requirements of 5139-20 is in harmony with the general purpose
and intent of the By-law, that the provision of such facilities
is physically impossible for the Applicants to provide, and that
the granting of such relief would not be contrary to sound
traffi6, parking, or safety considerations.
Accordingly, the Board GRANTED relief by SPECIAL PERMIT as
requested, allOWing the change of use of the pre-eXisting
nonconforming garage structure, waiving one of the four required
parking spaces, and waiVing the required off-street loading
space, subject to the conditions set forth in Paragraph 6.
6. The relief hereby granted is subject to the following
conditional
(a) Parking space. shall be provided in 8ubatantial
conformity with Exhibit A attached hereto.
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loow0474'PACII80
(bl No power toola ahall be uaed except bet__ the
bouxw of ':00 A.M. and 6100 P.M. daily.
Ccl All haaudoua w..tea shall be disposed of in
confol'lllity witb appl1eable federal, state, and local laws, by_
laws, and regulation..
Cdl The use of the garage building as proposed by the
Applicants, shall be li.ited to the use as deaeribed berein, by
the Applicants. and no other commercial use upon the Locus, bOr
any use by persons other than the Applicants, shall be permitted
without further relief from this Board.
Cel To prevent backing of vehicles into Union Street,
the active entrance to the garage structure ahall be upon its
northerly face.
Cfl There shall be no exterior displays of gooda or
merchandise.
Dated: May 5. 1995
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RECEIVED
'/OWN ClERK.S OFFICE
NANTUCKET, MA 02554
MAY 051995
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-JON 0 1 1995
NANTUCKET COUNTY
AEC'O ENTERED
/:/lfJ/II
SANDRA M CIWmICI<
ATTEST REGISTER
10NINC.II. C
HININUN 1.02' SUE.r. ....... ...11
MININUN FIIONTACE, f'" '
FROlIl' rAllo SETD.\CK. "._1
IlEAII . SlOB SETBACK''''.'
CROUND COVER ItAT,IO. r... ~
PLOT PWoH OF LAIID 1M
HAIlTUClZT, MASS.
SCALa I". ;.; ,
DATI: ,r. d,ll', "1'~-
JOKll J. SUUGAUE INC.
57 OLD SOUTH ROAD
IL\HTUCXZ'l', MA.02554
1Of.'1( 'eN." /TC.l"l!I7lffE
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DATI. ~',1. U. I',.r
End of
IDslrument
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
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Date: December 5 ,2008
To: Parties in Interest and. Others concerned with the Decision of
the BOARD OF APPEALS in the Application of the following:
Application No. :
073-08
Owner/Applicant:
Henry and Miriam Varian
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 thi~ 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.
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.
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road, Nantucket, Massachusetts 02554
Assessor's Map 55.1.4, Parcel 32
54 Union Street
Residential Commercial (RC)
Plan File 46-C, Lot 1
Deed Ref. Book 743, Page 312
DECISION:
1. The Nantucket Zoning Board of Appeals held a public hearing on November 13,
2008, in the Garage Area at 2 Fairgrounds Road, Nantucket, Massachusetts regarding the
application of Henry and Miriam Varian, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post
Office Box 2669, Nantucket, Massachusetts 02584, Board of Appeals File No. 073-08. The
Board made the following Decision:
2. Applicants sought relief by MODIFICATION of Special Permit 025-95 (recorded at
the Nantucket Registry of Deeds at Book 474, Page 177) or by grant of SPECIAL PERMIT, to
the extent necessary, pursuant to Nantucket Zoning By-law Sections 139 - 8 and 9 (commercial
use), 18 (parking and aisle width), 20 (loading zone), and 33(A)(4) (alter pre-existing
nonconforming structure and use), to operate a retail art gallery and antique/craft shop from the
current dwelling and to convert the current the detached garage into a dwelling. The Premises is
located at 54 Union Street, Nantucket, and is shown on Tax Assessor's Map 55.1.4 as Parcel
32. The property is zoned Residential Commercial (RC).
3. The locus is 4,512 +/- SF in the RC district, which requires a minimum of 5,000 SF.
The lot is improved with a 1.5 story dwelling with 896 +/- SF of ground cover and a detached
one story garage with 585 +/- SF of ground cover, totaling 1,481 +/- SF of ground cover in a
zone that allows 50% groundcover. The garage is sited as close a~ zero feet from the southerly
(side) lot line at its closest point and is sited as close as 1.46 +/- feet from the easterly (rear) lot
line at its closest point in a zone that requires 5 foot side and rear yard setbacks. The lot and both
structures pre-exist the adoption of Nantucket's Zoning By-law in 1972. The locus and structure
thereon are conforming in all other respects to the dimensional requirements of the Zoning By-
law.
4. The garage structure is used as a workshop and retail building for the restoration and
sale of furniture and antiques pursuant to the Special Permit granted in File No. 025-95. No
relief was needed for that use in this zoning district at that time, but the owner sought and was
granted approval for changing the use of a nonconforming structure from ancillary residential to
1
commercial, a waiver of one of four then required off-street parking spaces, and a waiver of the
required loading zone.
5. Applicants proposed to alter the nonconforming detached garage, without altering the
footprint or creating any new nonconformity, and to change the use from commercial to
residential (single family dwelling). Applicants also proposed to convert the current dwelling
into a retail art gallery and antique shop that would have about 720 feet of gross floor area on the
first floor, about 220 feet of storage on the second floor, and up to three employees at peak shift,
with no residential space. Under current regulations, such a use of the locus would require 6
parking spaces with compliant aisle-width and a loading zone. Due to the current lot
configuration and the preexisting buildings, Applicants can provide 6 conforming parking
spaces, but it is not possible or practical to provide the required loading zone or meet the aisle
width requirements, as the 90-degree parking aisle is as narrow as 17 feet where 24 feet is the
minimum width (the aisle for the parallel parking in conforming at 12 feet wide). Applicants
noted that the loading zone was waived in Special Permit 025-95 and requested that this waiver
carry forward.
6. Applicants also proposed a new access ramp, which would be sited as close as 2.7+/-
feet from the northern side lot line at its closest point, if installed. Applicants noted that such an
access ramp to facilitate the ingress and egress of handicapped persons is exempt from zoning
pursuant to MGL Chapter 40A, Section 3, and does not require relief.
7. Our decision is based upon the application and accompanying materials, and
representations and testimony received at the public hearing. The Planning Board did not make a
recommendation, but the Planning Staff recommended that backing onto Union Street be
prohibited, that parallel space #3 on the plan provided would be difficult to exit, and that a
handicapped accessible space be provided. Oral and written presentations were made by the
Applicants' representative, and no opposition or concerns were presented by the abutters or the
public.
8. Therefore, based upon the foregoing, the Board of Appeals finds that the proposed
alterations and uses (art gallery and antique/craft shop) would require relief pursuant to Zoning
Bylaw Sections 139 - 8 and 9 (commercial uses) and constitute alterations to nonconforming
structures and uses within the setback area requiring relief pursuant to Zoning Bylaw Sections
139 - 33(A)(4) (alter pre-existing nonconforming structure and use), but that such structure and
use alterations would not create any new nonconformities and would not be substantially more
detrimental to the neighborhood than the existing nonconformities. The Board also finds that
nonconformance with the required aisle width requires relief pursuant to Zoning Bylaw Section
139 - 18 (aisle width), but that the configuration of the existing buildings on the locus makes it
physically impossible to for the applicant to provide a conforming aisle to the 90-degree parking
spaces in the rear parking area.
9. The Board further finds that the parking proposed by Applicants, as shown in the
Option 1 Proposed Site Plan by Blackwell and Associates, Inc., dated October 17, 2008, as
attached hereto as Exhibit A, is conforming to current requirements for the proposed uses of the
lot; finds that no new relief from the loading zoning requirement is required based on carrying
forward the existing such waiver under Special Permit 025-95; and agrees that no relief is needed
for the proposed encroachment in the northern side yard setback for an access ramp, as such an
encroachment is exempt from zoning requirements pursuant to M.G.L. Chapter 40A, Section 3.
2
10. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested relief by
Modification of SPECIAL PERMIT (025-95) and pursuant to Nantucket Zoning By-law
Sections 139-8, 9, 18, and 33(A)(4) to allow physical and use alteration of the existing garage
structure into a single family dwelling with no new conformities, to allow conversion of the
current dwelling into an art gallery and antique/craft shop, to waive the aisle width requirements
as needed, and to continue the wavier of the loading zone requirement under section 139-20, all
in substantial compliance with materials submitted to the Board and as approved under
Certificates of Appropriateness issued or to be issued by the Nantucket Historic District
Commission, subject to the following conditions:
a. The relief otherwise granted and conditioned in Special Permit 025-95 is terminated upon
the completed exercise of this superseding Special Permit.
b. There shall be no exterior construction implementing the relief granted between May 15
and September 15 of any year.
c. The hours of operation of the commercial use shall not be before 9 a.m. or after 6 p.m.
without further relief from this Board.
d. That any future landscaping at the driveway entrance be limited to low growing plant
material not to exceed three (3) feet in height.
e. Applicants shall post and maintain signs at the southern and eastern parking areas
indicating that all vehicles must turn around on the lot, not back into the street.
f. Parking spaces shall be provided in substantial conformity to the attached plan, labeled
Exhibit A.
SIGNATURE PAGE TO FOLLOW
3
, 2008
~~_L
Mark oor '
Dated:
~
Carol Cross
~<V~
Kerim K eatac
COMMONWEAL TH OF MASSACHUSETTS
Nantucket, SS.
Dec",> / ~ ' 2008
On this 10 day of ~{... , 2008, before me, the undersigned Notary Public,
personally appeared . ~ /~.Ic~ t.? !/HIIA<< , 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 she/he signed it voluntarily for its stated purpose.
N~~
My commission expires: Mq~ a~ ~/3
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