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Home My WebLink About114-99~. TOWN OF NANTiJCKET zoN~vG BOARD. of AP~EA,LS 37 WASHINGTON- STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 50&228-7215 FAX 508-228-7205 ON TICE A Public Hearing of the NANTUCRET ZONING BOARD OF APPEALS will be held at 12:00 P.K., FRIDAY, NOVEMBER 12~ 1999, IN THE CONFERENCE ROOK, TOKN ANNEIC BIIILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: (NOTE THE EARLIER TIME OF 12:00 P.H. DIIE TO THB LARGE NOHBER OF CASES BEING HEARD-AND LIMITED M88TING SPACE, PhEASE CALL THE OFFICE AHEAD TO RECEIVE AN APPR07LIMATE TIME A PARTIC'OLAR CASE MAY BE HEARD.} HAMILTON HEARD, JR., TRUSTEE GINGHAM REALTY TRUST BOARD OF APPEALS FILE N0. 11~-99 Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning Bylaw §139-18 (Parking Requirements) to the extent necessaary to validate the parking area and waive the 2 -foot aisle width. Applicant proposes to convert the second floor of an existing commercial structure from use as an office to use as one (1) apartment, while maintaining the 805+ square feet of retail space on the first floor. Six (6) spaces are required and provided on site. Access to the parking area will be by by easement from the easterly abutting lot. Applicant also seeks relief by SPECIAL PERMIT under Bylaw §139-20 to waive the loading zone requirement. The Premises is located at 1~}B SPARKS AVENUE, Assessor's Map 55, Parcel 229.1, as shown as Lot ~ on plan-dated August 30, 1999, approved by the Planning Board, being a portion of the same Premises shown as Lots 2 and 3 on plan recorded in Pian Book 22, Page 27. The property is zoned Residential-Commercial. n William P. Ho r han, Jr., Ch irman is `5~.~-~ ~... ~~~~~. THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. FOR ASSISTANCE PLEASE CALL (508) 228-7215. TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: February / 7 ~ 20 00 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 114-99 Owner/Applicant: HAMILTON HEARD, JR., TRUSTEE OF GINGHAM REALTY TRUST Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursuant to Sectior_ l7 of Chapter 40A, Massachusetts General Laws. Any action appealing the Decision must be brought by filing an complaint in 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. ~l 0 n/~ ~ i ~ ~ ~~~ ~ ~ 1. ~ . ~ ~ William P. Hour~h(an, ~ ~ Chairman cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING~TO NANTUCKET ZONING BY-LAW §139-30I (SPECIAL PERMITS); §139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 Assessor's Map 55 Parcel 229.1 R-C 14B Sparks Avenue Plan Book 22, Page 27 A portion of Lots 2 and 3 Deed Ref. 571/33 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 12:00 P.M., November 12, 1999, and continued to 1:00 P.M., Friday, December 10, 1999, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of HAMILTON HEARD, JR., TRUSTEE GINGHAM REALTY TRUST, c/o Law Offices of Keith M. Yankow, P.O. Box 675, Nantucket, Massachusetts 02554, Board of Appeals File No. 114-99, the Board made the following Decision: 1. Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning Bylaw §139-18 (Parking Requirements) to the extent necessary to validate the parking area and waive the 24-foot aisle width. Applicant proposes to convert the second floor of an existing commercial structure from use as an office to use as one (1) apartment, while maintaining the 805+ square feet of retail space on the first floor. Six (6) spaces are required and provided on site. Access to the parking area will be by easement from the easterly abutting lot. Applicant also seeks relief by SPECIAL PERMIT under Bylaw §139-20 to waive the loading zone requirement. The Premises is located at 14B SPARKS AVENUE, Assessor's Map 55, Parcel 229.1, as shown Lot 4 on a Plan dated August 30, 1999, approved by the Planning Board, being a portion of the same Premises shown as Lots 2 and 3 on a plan recorded in Plan Book 22, Page 27. The property is zoned Residential-Commercial. 2. The Decision is based upon the Application and materials submitted with it and the testimony and evidence presented at the hearing. The Planning Board did not object to the requested waivers, but asked that relief be conditioned on the following: that there be no vehicular access to the Locus from Sparks Avenue and that there be a "right turn only" sign posted at the access point on Hooper Farm Road to mitigate traffic congestion at the heavily trafficked intersection of Sparks Avenue and Hooper Farm Road. The Planning Board further suggested that further information be provided on the "Site Plan" prior to approval, i.e., provision of line-of-sight distances on Sparks Avenue at the intersection with Hooper Farm Road and the effect of any screening that may be provided, with a more complete screening plan to be submitted. There w ~s_one letter in support and no opposition expressed at the hearing. 3. Applicant initially asked that the subject Application and the Application filed in Board of Appeals File No. 113-99 be heard together. The Locus directly abuts the property at 14A Sparks Avenue, a vacant lot, along its easterly side yard lot line. The two (2) properties, created as part of an Approval-Not-Required subdivision plan endorsed by the Nantucket Planning Board, are proposed to have common driveway access from Hooper Farm Road, with the Locus to be accessed by a recorded easement across 14A Sparks Avenue. In addition, a portion of 14A Sparks Avenue is to be used to provide a portion of the required 24-foot aisle width distance in order to access the parking spaces on the subject Lot. After the opening of the Public Hearing, Applicant asked that the properties be considered separately, with the Application filed in BOA File No. 113-99 being subsequently withdrawn without prejudice at the same meeting. 4. Applicant, through counsel, represented that the Lot was improved with a mixed use building that contained 805+ square feet of commercial space on the first floor and one (1) office on-the second floor that would be converted into one (1) dwelling unit. The first floor was currently being used as a retail shop. Six (6) parking spaces were required for the proposed uses, which will be provided on site. The Lot can accommodate 12+ feet of the required 24-foot aisle width for the parking area, with the remainder being provided by recorded easement on the abutting property to the east, 14A Sparks Avenue. Screening of the parking area will be provided along Sparks Avenue on the northerly side of the property. Applicant also requested a waiver of the required loading zone, and represented that said waiver would not adversely impact the neighborhood as there was sufficient space on the property to accommodate the approximately three (3) deliveries per week during peak season by United Parcel Service trucks. Applicant further represented that the Locus was situated within a densely developed commercial area and that the uses as proposed would be in harmony with the neighborhood. The 5,106+ square-foot Lot met all other zoning dimensional requirements as well as the open space requirement, with 1,341+ square feet of green space provided and a minimum of 1,171+ being required. 5. Therefore, the Board finds that the waiver of the required 24-foot aisle width for the parking area would be in harmony with the general purpose and intent of the Zoning Bylaw and would not be contrary to sound traffic and safety concerns as there would be a permanent easement recorded at the Nantucket Registry of Deeds against the immediately abutting lot to the east, 14A Sparks Avenue, that would ensure that the remainder of the required 24-foot aisle width would be provided for access to the parking spaces on site. Allowing the access from Hooper Farm Road by recorded easement, would be a benefit to the area as access would be restricted from heavily traveled Sparks Avenue. The Board further finds that a waiver of the required loading zone would also be in harmony with the general purpose and intent of the Zoning Bylaw and not contrary to sound traffic and safety concerns as deliveries can be accommodated on site. 6. Accordingly, by a vote of four (4) in favor (Waine, Parent, Sevrens, Murphy) and one (1) opposed (Toole), the Board GRANTS the requested SPECIAL PERMIT relief under Nantucket Zoning Bylaw §139-18, waiving the required 24-foot aisle width in the parking area and allowing access by easement to the parking areas; and GRANTS relief by SPECIAL PERMIT under Nantucket Zoning Bylaw §139-20 waiving the loading zone requirement, upon the following conditions: ~"'' The parking, aisle and screening configuration, in so far as it relates solely to the subject Lot at 14B Sparks Avenue and not to 14A Sparks Avenue (which is shown on the same site plan), shall be done in substantial compliance with the "Site Plan", done by John J. Shugrue, dated November 18,1999, revised January 13, 2000, and marked as Exhibit A, a reduced copy of which is attached hereto; b. The southernmost parking space, marked as "employee parking" on Exhibit A, shall not be blocked by a parking space, but have free and unimpeded vehicular access; and C, P.n easement providing access from Hooper Farm Road and 12+ feet of aisle width, as shown on Exhibit A, shall be recorded with the Nantucket Registry of Deeds against the property at 14A Sparks Avenue, Assessor's Map 55, Parcel 229, and running in favor of the subject Lot, prior to the filing of this Decision at the office of the Nantuc t Town Clerk.* 1 Dated:_February /7, 2000 D. Neiq,., P~re'nt Edward Toole Dale W. Waine Nancy Sevre *Said easement was filed prior to tue filing of this Derision with Town Clerk, Nantucket Registry of Deeds Book 648, Page 90. ~EGEIVEn TOWN CLERK'S OFFICE NANTl1CKET, MA 02554 F' E t3 17 2000 ~Ss}. .___ ---- LERK: ~~ ~~ tl ~ LV 9 A 1''11 N m ~ ~^ ~ ~ g ~ m •~ ~ S r I I D y y m N N a A N 3 D CJI N D r z N N ~O N A \ ~ O y O P1 Ag r V ~, W e ~~ ~, ~$ ~ r ~ 0 ~ ~ ~ N N ~D C C7OO~V ~fyyD')Z~'y-' ~~DZZC ~1!Im~ Cf D pp r=i 1'lyp yp •PI Z ,~.. Z'~S CCrooD ~ _~ AI'fA `y Z =d g~~ d m~ ~ ~ ~A ,,,• It1 r v ~ ~ i C d G b C b z i m A ~~ ~~"'C~ ~ C~~~ N~ ~P~~~ ~ '~ ~ ~ Y ~ g $6 NORTH ~ ~ • + ~ ~ 11 y T T ~ N S00'32'14'E, S07.4g~,y ~i/, f''s,~~. 7 ~O ~o ~~ 1 N co n~ mm -~ q trl O D A d O a v m r y D ~~ZyZ A G1NZ ~€ O7C7CI_ir1G1 UINZ>UTA o O o o n ~~1Z o -if'I~o N :^ VTJ V D (~C7 V ! <D/ Z C (Tl ~~ ~~= tl ~ p0 ~~ °"p'C"oa~, N-ii~u= ~ y ~ ~ Mx ~ ~ u ~. ~ ~ ~ ~~ ~~~ ~• H N s "wSCzl9S 'pi ~ ° ~ BoA Form ~-~~ (n NANTIICKET ZONING BOARD OF APPEALS ~ W N TOWN AND COIINTY BIIILDING 3~~. ~0 ~ b NANTIICKCET, MA 02554 !- ~ CD ~ (D Q ASSESSOR ~ 8 LIST OF PARTIES IN INTEREST ZNC'3 0~ } ^Z ' ®~ CO Y O U PROPERTY ; ~n.~ ~' OWNER : I~Glin; l ~-a n (-~c~r ~e n•. ~~. Cs ~ ~c l 1 ~ T r~I, . , o ~ c-c _ . r ~ ~ APPLICANT FOR RELIEF (SAME? ~ ): r Z ADDRESS OF .PROPERTY : ~ ~ • ~~ ~-(G~J A-~ -~ * .~ - ~ ASSESSOR'S MAP - PARCEL: ~ S.~ - a a 9. ~- ~a 9.1 LIST OF PARTIES INCLUDING ADDRESSES*(OR SEE ATTACHED ): b~~ b BOq o oFE1VED ASSESSORS ~ ~ 2 1999 TOWN OF NANTUCKET, MA I certify that the foregoing (or the att~.chcd ) lists all tiersons.,: natural or legal, ~•rho are o~r;Hers of abutting property,owners of land directly opposite or. ar.y public or private street or way, and abutters o° the abutters and all other land owners within three hundred feet of the property line of Owner's property, as they (and their address) appear on the most recent applicable ta;•; list [per M.G.L. c.40A, Section 11 and Zoning Code Ch~ntc~ i39, Section 139-29D(2)]. ~ U Date *NOTE: Applicant for which zoning abutting lots wh matter. List map ~~~ G ~~ Assessor To~~;: of r:antucke` d ~lQ. (petitioner) should include :, _'`h ti:e io;= relief is sought, any co^unonl~~-o~.~ned ich might become involves in ~h~ zon~:~c. and parcels for each abuttc~ TOWN OF NANTUCKET OWNER'S MAILING AD DRESS LIST 28 Block Lot Owner's/Co-Owner's Name Mailing Address/Ci ty State Zip Property Location 0055 0307 MORRISON PATRICIA H 0020 SPARKS AVE 0020 SPARKS AV NANTUCKET MA 02554 0055 02311 DOWNYFLAKE INC PO BOX 1444 0018 SPARKS AV C/0 REINEMO KARSTEN NANTUCKET MA 02554 0055 02312 KANE MICHAEL & MARCIA 0018A SPARKS AVE 018A SPARKS AV NANTUCKET MA 02554 0055 0226 GARNETT JAMES W & MARILYN I 0007 HOOPER FARM RD 0007 HOOPER FARM RD PO BOX 441 NANTUCKET MA 02554 0055 0232 SAYLE CHARLES F JR & KATHLEEN PO BOX 961 0009 HOOPER FARM RD NANTUCKET MA 02554 0055 0227 GARNETT JAMES W & MARILYN I PO BOX 441 0005 HOOPER FARM RD NANTUCKET MA 02554 0055 0209 REZENDES JOSEPH S III & LINDA 0008 HOOPER FARM RD 0008 HOOPER FARM RD NANTUCKET MA 02554 0055 0208 REZENDES GEORGE J & ANITA L PO BOX 2007 0006 HOOPER FARM RD NANTUCKET MA 02584 0055 02?0 CONGDON RICHARD R TRUSTEE PO BOX 1199 0003 NEWTOWN RD CONGDON/NANTUCKET NOMINEE TRST NANTUCKET MA 02554 0055 0302 TERRY KATHERINE PO BOX 1192 0004 NEWTOWN RD NANTUCKET MA 02554 0055 0201 EKSTROM DAVID R & MARTHA D ETA 0031 BRUNSWICK ST 0008 SPARKS AV PITTSFIELD MA 01201 0055 0203 *MACK JEROME P & REBECCA A 2 NEWTOWN ROAD 0002 NEWTOWN RD NANTUCKET MA 02554 0055 0202 CONRAD EDWARD T PO BOX 2401 0010 SPARKS AV NANTUCKET MA 02584 0055 0205 NANTUCKET YACHT CLUB PO BOX 667 0012 SPARKS AV SOUTH BEACH ST NANTUCKET MA 02554 0055 0204 NANTUCKET YACHT CLUB PO BOX 667 0004 HOOPER FARM RD SOUTH BEACH ST NANTUCKET MA 02554 0055 0179 MOONEY ROBERT F & ELIZABETH B PO BOX 1540 0009 SPARKS AV NANTUCKET MA 02554 0055 0178 GRANT POINT HOLDING CO INC PO BOX 1400 0013 SPARKS AV C/0 HARBOR FUEL NANTUCKET MA 02554 0055 0177 GRANT POINT HOLDING CO INC PO BOX 1400 0015 SPARKS AV C/0 HARBOR FUEL NANTUCKET MA 02554 0055 0292 MOONEY ROBERT F & ELIZABETH B PO 80X 1540 0171 ORANGE ST NANTUCKET MA 02554 0055 01762 LMD INVESTMENT LTD PTRSHP PO BOX 5043 0144 PLEASANT ST WESTPORT CT 06881 0055 01761 LMD INVESTMENT LTD PTRSHP PO BOX 5043 0140 PLEASANT ST WESTPORT CT 06881 _ _ - 0 0055 01763 CODY ROLAND L JR & LOUISE J 4058 WEST COLEMAN BLVD 0165 ORANGE ST MOUNT PLEASANT SC 29464 0055 01764 MOONEY ROBERT F TRUSTEE PO BOX 1540 0167 ORANGE ST SHAMROCK REALTY TRUST NANTUCKET MA 02554 0055 0271 *NANTUCKET T04(N OF 0016 BROAD ST 0135 PLEASANT ST NANTUCKET MA 02554 0055 0270 *NANTUCKET TOWN OF 0016 BROAD ST 0131 PLEASANT ST NANTUCKET MA 02554 PAGE 1 MUAS750 9.2 ~,~ i9 TOWN OF NANTUCKET -12:28 OWNER'S MAILING ADDRESS LIST Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Location 0055 0165 THAIRATANA PATAMA 0013 WEST CREEK ROAD 0013 W CREEK RD NANTUCKET MA 02554 0055 0175 RYDER DONALD 0005 FAIRGROUNDS RD 0012 W CREEK RD NANTUCKET MA 02554 0055 0174 RYDER DONALD 0005 FAIRGROUNDS RD 0010 W CREEK RD NANTUCKET MA 02554 0055 01731 YOUNG ROBERT A 0077 POLPIS RD 0008 W CREEK RD NANTUCKET MA 02554 0055 0230 KANE MICHAEL J 0018A SPARKS AVE 0016 SPARKS AV NANTUCKET MA 02554 0055 0228 SNYDER SUZANNE & HOFFMAN ROGER 16 KELLEY ROAD 0001 HOOFER FARM RD NANTUCKET MA 02554 0055 02271 ABEND TORY & 0144 UPLAND AVE 0003 HOOFER FARM RD SWICK PIERRE NEWTON HIGHLANDS MA 02461 PAGE 2 MUAS750 9.2 NUMBER OF RECORDS = 33 BoA Form 1-89 2~iANTUC}CE`d' ZOPi1NG BOARD OF APPEALS TOJTItd ~,ND COUNTY BUILDING 1"ii1.Zw`d'UCItET, P1A 0255 APPLICATION FOR RELIEF Oct-ol~s~~994 Date CASE No . ~-_~~ owner's name (s) : ~QM i (ko d 1-~ eat ~ . 7~ ~. Taw 1u ~ ~ Ag ~. a..~. QecL 14-., TNT ~. Mailing address: `L, La~.a_O~~~s c~F ILe;~. l'Y1• ~a~ k.o~ , ~.0.(3~x 6 7s~ Applicant's name: N0J'h"~`'~' r'~"' v~ss-y ~~ J Mailing address: Location of lot: A:~ses:~or's map and parcel number S .S~- ~ 02 ~1, ~ Street address : / ~-1 g S a.<~cs Q ~ ~ . , L o~ y~ Registry T ~--' ~'- "' --•-, Plan Bk & Pg o~~P-lle 2 ~ o?~ Lot ~~ 3 Date lot acquired: ~ IS~_98 Deed Ref S71 33 Zoning district Q G uses on lot - commercial : None or (Z ¢,}a; ( MCD? N - number ot: dwellings duplex_ Building date(s): all pre-~II/72? __ Building Permit; appl' n. idos . ~7- apartments 1 rental rooms Or I g 9 g ~Bn Ova ~10., C Of 0? Case Nos. all BoA apj~7.]_catlons, lawsuits: State fully all roninc~{ .rc.l ic~f souc{ht and respective Code sections and subsections, speclj:ically wh~it~ you propose compared to present and what grounds Xou uncle for BoA 'to make each finding per Seci:lon 139-32A if Variance:, 139-30A cZ if a Special Permit (and 139-33A if to alter or ext:encl c1 ~zoncvn~orming use) . If appeal per 139-3~I~ & B _ attach decision or order appealed. OIC to attach addendum . See AF4acl~,e,~ A ~~^ d~~^^ -.. ~ • 5`Z1 ~~s u ~ __ __.__~_ } -- _ - _~L~ ~~-v- Items enclosed as part of this Application: orderl addendum2 h Locus map X S i~te pl an x __ showing present -Fplanned structures Floor plans present j:~roposed elevat.~.ons (HDC approved?_) Listings l.ot aria x fror~t~~ge X setbacks X GCR x parking data Assessor-certii'ieci addre'ssc:e iiat 4 sets ma~ling labels ?. sets x $200 fee payable L-o Town of Nantucket ~c proof _'cap' covenant l (If an appeal, asjc '1'oVm Clerjc to send Bldg Comr's record to BoA. )) I certify that L-he requested infol:mation submitted is substantially complete and tr to he bc:,t o my Y,nowledge, under the pains and penalties of r~ SIGNATURE: Applicant Attorney/agent X 3(If not owner or owner's attorney, enclose proof of authority) FOR BoA OFFICE USE Application copies reed: 4 or for BoA on~ ~ 'by (% One copy filed with Town Clerk on ~~~~by complete?_~~ One copy each 'to Planning I3cT and Building Dept~__~k~y $200 fee chec}: given 'Town Treasurer oi~~ ~/ byL~~~ waived? Hearing notice poste~v~(~~~mai.lec~~L~~I & 1~_/ ~/~ jiearing(s) on_/_/~ coi~t'd to__/_/_, ~_/! witjldrawn?~~_ Decision due by~_J___ made_/__~_ filed TC~~_ mailea_/_/_ See related cases__ lawsuits other ADDENDUM Board of Appeals, Heard, 14B Sparks Avenue, Case No. - Companion case to 14A Sparks Avenue, Case No . - Applicant is seeking relief by Special Permit under §§139-30A for waiver of one off-street parking space and of the loading facility required under §139-20. The current structure as shown on the Site Plan filed herewith consist of a first floor retail and ancillary office on the second floor. Applicant proposes to change the use of the second floor to an apartment with retail remaining on the first floor, which will require six parking spaces and one loading zone. Access to the street from the parking area will be by easement over Applicant's Lot 4 (see companion case). The Premises are located at 14B Sparks Avenue, Assessor's Map 55, parcel 229.1, and shown as Lot 4 on plan dated August 30, 1999 and approved by the Nantucket Planning Board, being a portion of the same premises shown as Lots 2 and 3 on plan recorded in Plan Book 22, Page 27. 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