HomeMy WebLinkAbout015-80
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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.
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Robert F. Mooney, Chairman
NANTUCKET BOARD OF APPEALS
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BQt\JID OF AP?EAIS
Nantucket, Massachusetts
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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:
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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
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Voting to Deny:
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therffore denied,
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The Special Permit is
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NOTICE
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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.
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BOARD OF APPEALS
Robert F. Mooney
Judith K. Bartsch
Eileen I. Cahoon
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FEE
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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
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