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HomeMy WebLinkAbout015-80 , , ,',' , ' ,ot. . Town of Nantucket Zoning Board of Aplieals Nantucket, Mass. 02554 CJ/6-~o June 23, 1980 Re: FOSTER HE~~ (015-80) Enclosed please find notice of a deci.ion of the BOARD OF APPEALS which has this day been:fi1ed with the Town Clerk. Any appeals from this action shall be made pursuant to Section 17 of Chapter 40A of the ~eneral Laws, and shall be filed within twepty (20) days after this date. "\.'L~~~ ~H~ ;U ..\..~~ ~ \~\.~~ ~...~ ' .......... "'..,~ ~. \ t;)~ ~ Robert F. Mooney, Chairman NANTUCKET BOARD OF APPEALS 015 ~cJ? 1>0 f)V \ ~e:,V~ J, \ ' BQt\JID OF AP?EAIS Nantucket, Massachusetts ~ISICN: At a regular rreetins of the Ba\RD OF APPEAl,S, held Friday, June 20, 1980, at the Town arrl County Buildil'X], Nantudtet, in the matter of the ar:plicatioo of F'CSl1ek HE>>1AN (015-80) after due deliberation, the Board fou.rrl: 1. This is an awlication by Foster Herman to ext.em a non- oonforminq use by addition of a ChinefePestaurant to a law office. The law office is a valid professional office existil'X] in a zcne which is classified Residential/Ccmnercial un:3er the Za1iD3' By- Law which requires 5,000 square foot lots. Such a zme penni ts the operation of a restaurant, which may, by inplicatioo, be Olinese or of any other culture un:ler the sun. 2. The prCf)erty on which this q;>eration is proposed, lx:Jwever, consists of only 2,203 square feet of land. Sud1 a lot is woefully deficient in area far the m.i.ninun requireroonts of the Nantucket. Zoni.ng By-law in this zone, to wit, 5,000 square feet. A lot of the present di.rrensions would clear 1. y be a non-CXJI'lforming lot far zoning purp)ses, am, if devoid of building, would be subject. to the provisions of the By-Law, Section 5, which pennits construction of a buildinc; of 1,500 square feet or 1,102 square feet, whichever is lesser. 'I'he inescapable conclusion is that a building of 1,102 square feet, of whatever nationality, may be JI'laintained on this lot. 'The prOl::'Osed addition t,.,Ould :ce 26 I x 20 I, or 520 square feet, and added. to the existing bui1.dil"B would total 970 square feet anI l::e \-Yell within the 50% groundo:J\Ter ratio of this district. It is urged that the lot is non-conforming to zoning arrl intentionally so since it was created by a division of the Hennan larrl mcrle in 1978 to enable the applicant to sell an adjoining parcel of l,885 square feet. That plan, in Book 20, Page 17. was errlarsed as having insuff ici.ent frontage urrler r.4] , s 81- L and the abutting lots have since been oorweyed by the owner. fb..Jever , eve.T1 with tJ"'te addition of the 1,885 foot lot, the present lot of 2,203 feet \\Duld not aoount to the rnininun size of 5,000 sauare feet for zoning purposes. 3. The Board is faced, therefore, with the question whether it can perrrit this extensioo of a permitted use in a za'le where such use is legally all~, or whether it must be denied solely because the lot is undersized. We interpret the By-Law to permit such an extension (subject to the licensil'X] requi.rerents) as reins within the liberal reauirE1'!leIlts of Sec. 8-H-3 as an extension of a non-ccnfonnirv:J use, and in doil'X] 90 we firrl the following: , .... ..~...".. "to f I .. IIIlI '.. 1- . A majority of the Board firrls as follows: .a. The area is fully developed far canne:rcial purposes; b. The area has adequate police, fire, sanitary, ani traffic control services. c. The proposed use of the preTti sea \t.UQI d not be substan- tially mJre detrimental than the E~isting non~nforming use to the neighborhocd. The majority wonld vote to permit the extension as being within the liberal requirements of Section 8-H-3 . subject to ca1di- , tions that no fcx:x:1 shall be prepare:! ar: served for cx:>nslI'CpStioo on the pr€!T'ises arrl no alcoholic beverages be served. The minority firrls that the non-oonfarming lot is a self- created hardship and the requested relief cannot be granted without satisfyino the requirements fer a variance, so the application far: a Special pennit should be denied. tnl\..1ID OF APPF~.IS ( .,<-- ,--) (':" "'l.L .' / 7f j / . .~f . ce.' ~ f . (I ,,{ ;"/ tl {CI~J; :.k [; ~ L~ ! j A. ~ ..,~ . :7'<.. Voting to Deny: / -, . '/ , -J t~rtJ..l-d };\. /. therffore denied, / J .-. l(:5fh;;U;;.I( The Special Permit is ~~~'-'-~~~ T\,)o.......~ 'L~'-\.."\B:~ ~ \t\\~~ ~,~. ~~ 2~L 'i ..' ':'l~:,....1l\o.. P". . ,.....c l'l .~ .... ~ NOTICE //9P I") A Public Hearing of the BOARD OF APPEALS will be held Friday, May 23, 1980, at 3:00 p.m., in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREE'l'S, NANTUCICET, on the application of FOSTER R. HERMAN to extend a non-conforming structure by addition of a Chinese Restaurant to a law office. Property is located on South Water Street and zoned RESIDENTIAL/COMMERCIAL. ~~~~~~ ~~, \,~c ~ \.~~~ ~~ BOARD OF APPEALS Robert F. Mooney Judith K. Bartsch Eileen I. Cahoon "2. \ . AB-1 FEE 150.00 / C... No, ~/~-flJ APPLICATION TO THE BOARD OF APPEALS Nantucket !'Is v 7. 1980 To the Members of the Board of Appeals: The undersiped hereby applie8 for relief from the term. of the '. . ~. (ZONING BY-LAW) (BUILDING CODE) on property de.cribed below: Location of Property 14, South 'Jatar str..t N.antur:k.t Lot No. r Plan No. &K ~ 0 I' 37 District is Zoned lor Resi dent!al Comm,rcial Type of structure (Existing or Propoeed) or propo..d u.e: stores &: 01'f1 ces Owner's Name foster Herman Owner's Address Massoni c Build! ng New 8edr..d Ma. When did you acquire this property? ., 976 Has application been filed at Buildm, Department' yes Has any previous appeal been made'? no Section of By-law or Code from which relief is reque8ted: R e fu 8 a 1 0 f _ builQing in8pecto~ to issue building permit Reason for askina relief: Owner desira to r:orstrur:t An addition to an existing building. Signature of applicant ATTACH: (1) A li.t of the names and addre.... of each abutt owner abuttinl the abutters. (2) Check ill the amount 01'50.00 made payable to the TOWIl of NMducket. (3) Map or plan showing the locati_ of tbe property to be . ..- considered. (4) If the applicant i. other than the owner. ple...iDdicate,our authority to make thia applicatioa. BOARD'S DECISION Application submitted to Board Advertising dates dr - ~; C Hearing date ....-/3 Decision of Board Deciaion fUed with the Town Clerk ~ ....- ". .~ \~ \, . . -~:"'; \ '. ." \\ ~\ ~~ ';" .:.. .. ~ -" , ,.-/ ; /." \ \ \ . \ , \ \ \ \ ,.... \ '......'1 .. . ", -~. '. . . ... . ...-",,- ~( /j \.. \, '\ -\ "~l., \"'~"'\ "'\ ~\ G r ,(~.,/ '~j , , ~ /' ~ .' , "'1_.1 /.~" \ /" ...-" /'" \ ~ ~..,.. c. :..... - ..... " - C>"t,., ;.. 'i' ~ ,..",/~ '. ./"" ....... ~ ..... 7l> ",. C> ..: ~ CJ Q - "" ~ ("\ ,'> '0, "'L \ 1',)-' \ _:l\ C:>\ Q;:). \ \ , / \, \ \ \ ..-/ \ ~./ ~//~ .......- ./"". \\ \ ~ \~ )y",,/ .-:J.- ;)/ r-,v . i . ;. H r~ /' " ~ ~.. '----:.. t+~,' ,. . f ;.}'L ..... ".,- ."'...........'^..:.....~:l,.........<.'....... ~i~' ~~ .' i !;.~>.l1~ ' , lI.. ,,',-.i." L \ \ . , '1 "i ~t ,./ *,~I~;:' ~ ,.1 'j <. 7- -. f~ L..' i . ,.. ,,"r j . ~ " :~Ic t i~ Jt.; .. 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