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HomeMy WebLinkAbout042-98TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: June / 1998 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 042-98 Owner/Applicant: BUSKIN, INC., FOR ITSELF AS OWNER AND FOR SM & MS NOMINEE TRUST, CONTRACT PURCHASER 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 Section 17 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. W. Waine - Chairman RECEIVE TOWN CLERK'S OFFICE cc: Town Clerk NANTL1r'~~'r' nn~. n~554 Planning Board JU~I 01 1998 Building Commissioner TIAAEc~Ss ~~~'' ~ ~> PLEASE NOTE: MOST SPECIAL PERMITS AND VA ~ 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 67 Parcel 118.4 R-C-2 1 Windy Way Unit No. 1 Plan Book 20, Page 65, Lot 8 Deed Ref. 201/53 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., Friday, April 10, 1998, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of BUSKIN, INC. FOR ITSELF AS OWNER AND FOR SM & MS NOMINEE TRUST, CONTRACT PURCHASER, of 21 Meadowview Drive, Nantucket, MA 02554, and c/o P.O. Box 1436, Nantucket, MA 02554, respectively, Board of Appeals File No. 042-98, the Board made the following Decision: 1. Applicant (SM & MS NT) is seeking a MODIFICATION of a SPECIAL PERMIT granted in a Board of Appeals Decision in File No. 040-86 in order to convert office space to a take-out food establishment with one (1) service station and four (4) seats and to convert second floor office space of Unit No. 1 to a dwelling unit. Accordingly, Applicant seeks relief by SPECIAL PERMIT under Nantucket Zoning By-Law §139-9B(2)(o) to allow use of Unit No. 1, located on the first floor easterly side of the existing structure, as a take-out food establishment as described above. In addition/in the alternative, and to the extent necessary, Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-Law §139-18B(4) to waive up to 30% of the required parking spaces to enable the conversions as proposed. In the alternative, relief by SPECIAL PERMIT under Nantucket Zoning By-Law §139-18(1) to validate the five (5) off-site parking spaces as previously approved in File No 040-86. Further, to the extent necessary, Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-Law §139-20C for a waiver of the on-site loading zone requirement. 2. The Decision is based upon the Application and the materials submitted with it and the testimony and evidence presented at the Hearing. The Planning Board made a favorable recommendation subject to several conditions which are incorporated into the Board's Decision as part of the grant of relief. There was one (1) letter from a lessee of a neighboring property, in opposition to the proposed plan, stating that mo waiver of parking should be granted. Three (3) abutters were present at the Hearing speaking in opposition. Concerns expressed related primarily to parking issues. One (1) Windy Way abutter stated that parking on the Way was already a problem with vehicles from the commercial establishment across Surfside Road using his lot for "spill-over" parking. Two (2) abutters on nearby Boynton Lane also expressed concerns about the same issue, with one (1) further stating that the proposed use was inappropriate in the subject building and would not contribute to the upgrading of the area. 3. Applicant, through counsel, represented that the structure had been separated into two (2) condominium units, with Applicants under contract - to purchase Unit No. 1 which was located in the easterly portion of the structure. The uses in Unit No. 2 were one (1) dwelling unit, one (1) retail unit (currently a barber shop), and one (1) office space (currently used by a kitchen and bath business), requiring a total of seven (7) parking spaces. The existing uses in Unit No. 1 related to office/retail businesses with a parking requirement of ten (10) spaces. The total number of parking spaces required in the BOA Decision in File No. 040-86 was seventeen (17). With a re-allocation of space within Unit No. 1, the total number of parking spaces required with the conversion of a portion of first-floor space to a take-out food establishment would continue to be seventeen (17). While proposing to continue to maintain the two (2) off-site parking spaces that were located in the Way, Applicant preferred to have the five (5) off-site parking spaces, located on the commercial lot across Surf side Road and required in the previous Decision, waived under this Application to minimize problems with the specific allocation and delineation of the spaces on that lot. There would be one (1) take-out station with four (4) interior seats and up to four (4) employees at peak shift. Unit No. 1 would also contain one (1) second-floor 325+ square-foot dwelling unit, one (1) first-floor 227+ retail/office space and one (1) separate office space on the second floor. In response to concerns expressed by the Board Applicant agreed to remove any office uses from the second floor of Unit No. 1 and provide one (1) dwelling unit only in said space, restrict the on-site parking of commercial vehicle of any tenants in either unit, to one (1), limit the hours and monitor the parking situation. 4. Therefore, the Board finds that the proposed take-out food establishment use is allowed by Special Permit in this zoning district and that the site, with the maintenance of the seven (7) off-site parking spaces as required in the Decision in BOA File No. 040-86, contains adequate parking as required under the By-Law for the proposed uses in the building. The grant of relief by Special Permit to allow the conversion of a portion of the first-floor space to said use would be in harmony with the general purposes and intent of the By-Law and would not be substantially more detrimental to the neighborhood., with the Locus being situated in a substantially commercially developed area. The grant of a waiver of the loading zone by Special Permit would also be in harmony with the general purposes and intent of the By-Law as there is adequat e one-site area in which to unload goods without impeding circulation on Windy Way or adjacent streets. The Board notes that the loading zone issue was not addressed in the previous Decision and needed to be brought before the Board at this time to validate the existing situation. As to a waiver of parking spaces, the Board finds that it would be preferable to maintain the seven (7) off-site parking spaces rather than eliminate them and require the Applicant to maintain the parking area as specified in the Decision in BOA File No. 040-86, i.e., ten (10) on-site and seven (7) off-site parking spaces, with two (2) in Windy Way and five (5) designated across Surfside Road on land shown on Assessor's Map 67, Parcel 120.3 and/or Parcel 119. 5. ~ Accordingly, the Board, by a unanimous vote, GRANTS the requested MODIFICATION of the BOA Decision in File No. 040-86 and a SPECIAL PERMIT under Nantucket Zoning By-Law §139-9B(2)(o) to convert existing office/retail space to a take-out food establishment, and a SPECIAL PERMIT under Nantucket Zoning By-Law §139-20C, waiving the loading zone requirement. In addition, the Board validates the parking plan as specified in the Decision in BOA File No. 040-86, i.e., ten (10) on-site __parking spaces, two (2) off-site parking spaces in Windy Way, proximate the Locus, and five (5) off-site parking spaces, situated across Surfside Road, on either one (1) or both lots shown on Assessor's Map 67, Parcels 120.3 and 119, on the following conditions: a. The use of the second floor of Unit No. 1 shall be limited to one (1) dwelling unit as a condition of the grant of relief for the use of the first-floor as a take-out food establishment, with said conversion to one (1) dwelling unit from office space, to occur by January 15, 1999; b. There shall be one (1) take-out station and a maximum of four (4) seats in the take-out food establishment on the first floor of Unit No. 1; c. The hours that the take-out food establishment in Unit No. 1 shall be open to the public shall be no earlier than 10:00 A.~M. and no later than 9:00 P.M. on any given day; d. As it pertains to both Unit No. 1 and Unit No. 2, there shall be no more than one (1) commercial vehicle, that is used in conjunction with a commercial business operating in the building, on-site at any given time; e. All landscaping required under BOA Decision in File No. 040-86 shall be continued and maintained; f. The Applicant shall maintain crossing lines on Surfside Road; g. Parking control lines shall be delineated and maintained within the 10-vehicle parking area on the Lot; h. The Applicant shall provide a trash receptacle adjacent to the Surfside Road frontage and be responsible for its maintenance; and i. Up to the total of five (5) off-site parking spaces across Surfside Road, shall be occupied by employees, residential tenants and additional commercial vehicles associated with the commercial uses in the subject property. Dated/:' Jun en ~ 1/998 /J/7 ~~ / 1 /L-~ / /// ~ Da e W. aine Timothy Madden LAW OFFICES OF ~TOHN J. BONISTALLI JOHN J. BONISTALLI PATRICIA A. WILSON OF COUNSEL TO: MILLS 8 TEAGUE ONE FINANCIAL CENTER BOSTON, MASSACHUSETTS 02111 (617) 439-4890 FAX: (617) 439-0027 NANTUCKET OFFICE: 37 CENTRE STREET NANTUCKET, MA 02554 (508)228-0771 FAX: (508) 228-6205 June 19, 1998 Office of the Town Clerk 37 Washington Street Nantucket, Massachusetts 02554 Re: Ann Marcia Wasserman vs. Linda F. Williams, et als Dear Sir or Madam: Enclosed pursuant to General Laws chapter 40A, § 17, please find the following: Complaint Pursuant to General Laws C. 40A, § 17; and, Notice to Town Clerk Pursuant to General Laws Chapter 40A, § 17; and, Kindly date stamp the photocopy of this correspondence and return to the messenger. Thank you for your attention to this matter. Very truly yours, ~~ ~~ ~~~ John J. Borustalli JJB/j ac Enclosures RECEIVE6 TOWN CLERK'S OFFICE NANTUr~~T "R n !2554 JUN 1 9 1998 TIME: ,--~ ~-''fi ;-, ~ ~, .~ CLERK: ~~ i ' LAG ~~ ~,Y. COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. Land Court Department of the Trial Court Misc. Case No. ANN MARCIA WASSERMAN, Plaintiff V. LINDA F. WILLIAMS, TIMOTHY MADDEN, DALE W. WAINE, NANCY SEVRENS and EDWARD TOOLE as they constitute the BOARD OF APPEALS OF THE TOWN OF NANTUCKET, BUSKIN, INC. and SM & MS NOMINEE TRUST, Defendants RECEIVED TOWN CLERK'S OFFICE NANTUCK~ ""~ X2554 JUN 1 9 1998 TIME: _ ~ `' ~"~ CLERK: NOTICE TO TOWN CLERK PURSUANT TO GENERAL LAWS CHAPTER c. 40A, §17 I, John J. Bonistalli, Esquire, attorney for the Plaintiff, Ann Marcia Wasserman, hereby provide notice that the Plaintiff has appealed the Decision of the Town of Nantucket Zoning Board of Appeals dated June 1, 1998 and filed with the Town Clerk on June 1, 1998 in Application No. 042-98. Said Decision grants relief in the nature of Special Permits as requested in Application No. 042-98 as filed by Buskin, Inc. and SM & MS Nominee Trust, contract purchaser, all regarding property known and numbered as Unit No. 1, One Windy Way, Nantucket, Massachusetts and shown on Assessors Map 67 as Parcel 118.4. A copy of the Complaint is attached hereto pursuant to General Laws chapter 48, §7. ~~, ~'~t~.- . fi-~. ANN MARCIA WASSERMAN, Plaintiff, by her attorney, .- John J. Bo ' talli, Esquire Law Offices of John Bonistalli One Financial Center Boston, Massachusetts 02111 (617) 439-4890 BBO #049120 Dated: ~o f D COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. ANN MARCIA WASSERMAN, Plaintiff V. LINDA F. WILLIAMS, TIMOTHY MADDEN, DALE W. WAINE, NANCY SEVRENS and EDWARD TOOLE as they constitute the BOARD OF APPEALS OF THE TOWN OF NANTUCKET, BUSKIN, INC. and SM & MS NOMINEE TRUST, Defendants Land Court Department of the Trial Court Misc. Case No. RECEIVED TOWN CLERK'S OFFICE NANTUCKET "" ~ X2554 JUN 1 9 1998 TIME: ~ ~ f, .'~~ ~~F~ \~ CLEflK:~ COMPLAINT PURSUANT TO GENERAL LAWS c. 40A, §17 1. This is an appeal, pursuant to General Laws chapter 40A, § 17, from the Decision of the Town of Nantucket Board of Appeals ("the Board") in Application No. 042-98 filed with the Town Clerk on June 1, 1998 in which the Board granted Special Permits authorizing: (1) conversion of office space to a take-out food establishment; (2) a waiver of required parking spaces to permit the conversions as proposed; and (3) further authorizing a waiver from the loading zone requirements of the Town of Nantucket Zoning By-Laws for property located at 1 Windy Way, Nantucket, Massachusetts. A true certified copy of the Board's Decision is attached hereto as Exhibit A. 1 2. The Plaintiff, Ann Marcia Wasserman ("Wasserman"), is an individual of legal age with a place of business at 19 Boynton Lane, Nantucket, Massachusetts and is a party in interest and person aggrieved within the meaning of G.L. c. 40A, §§11, 17. 3. The Town of Nantucket is a duly organized municipal corporation under the laws of the Commonwealth of Massachusetts with its principal office at 37 Washington Street, Nantucket, Massachusetts 02554. 4. The Town of Nantucket Board of Appeals is a duly constituted Board of the Town of Nantucket, with its principal office at 37 Washington Street, Nantucket, Massachusetts 02554. 5. Linda F. Williams is a member of the Board and resides at 240 South Pasture Lane, Nantucket, Massachusetts. 6. Timothy Madden is a member of the Board and resides at 19 Wauwinet Road, Nantucket, Massachusetts. 7. Dale W. Waine is a member of the Board and resides at 11 Bishop's Rise, Nantucket, Massachusetts. 2 8. Nancy Sevrens is a member of the Board and resides at 24 Vesper Lane, Nantucket, Maseachu~otts, 9. Edward Toole is a member of the Board and resides at 5 South Road, Siasconset, Massachusetts. 10. Buskin, Inc. has a business address of 21 Meadowview Drive, Nantucket, Massachusetts 02554 and owns certain property known and numbered as Unit No. 1, 1 Windy Way, Nantucket, Massachusetts ("the locus"). 11. SM & MS Nominee Trust has an address of c/o P.O. Box 1436, Nantucket, Massachusetts 02554 and has contracted with Buskin, Inc. to purchase the locus. 12. Locus is zoned RC-2 under the Town of Nantucket Zoning By-Laws ("the By- Laws"). 13. Within the RC-2 zoning district, the use of the land for atake-out food establishment is allowed on Special Permit under the By-Laws. 14. Under the By-Laws, the conversion as applied for by the Applicants requires seventeen parking spaces and one loading zone to be located on the locus. 3 15. The locus is capable of supporting only ten parking spaces with two parking spaces proposed within an area of Windy Way and five spaces on land located across Surfside Road from the locus. 16. The parking spaces located on Windy Way and on Surfside Road are not on the same lot as the locus. The property located on Surfside Road is located within an R-10 zoning district in which off-premises parking is not permitted as of right or on Special Permit. 17. On or about March 9, 1998, the applicants applied for the Special Permits as alleged to operate atake-out food establishment and to waive the number of required parking spaces and loading zone on the locus. 18. The matter came on for hearing before the Board on Friday, April 10, 1998. 19. A Decision granting the Special Permits as requested was rendered by the Board and filed with the Nantucket Town Clerk on June 1, 1998. 20. The Board's Decision purports to authorize off-premises parking in a zoning district where said parking is not allowed as a matter of right or on Special Permit under the By-Laws. 4 21. The Board's Decision purports to waive the number of parking spaces otherwise required on the locus In a percentage greater than that allowed under the By-Laws. 22. The Board's Decision purporting to allow the take-out food establishment is not in harmony with the general purposes and intent of the By-Laws and is substantially more detrimental to the neighborhood than the existing use of the locus. 23. The Board's Decision purporting to waive the loading zone requirement is not in harmony with the general purposes and intent of the Town of Nantucket Zoning By- Laws and is substantially more detrimental to the neighborhood than the existing uses on the locus. 24. The Board's Decision exceeds the authority of the Board and is arbitrary, capricious and based on a legally untenable ground. WHEREFORE, Plaintiff respectfully requests that this Court: 1. Annul the Decision of the Board granting the Special Permits as in excess of the authority of said Board; and, 2. Enter such other relief as may be just. 5 Respectfully submitted, ANN MARCIA WASSERMAN, Plaintiff, by her attorney, G%~~~~ John J. B istalli, Esquire Law Offices of John Bonistalli One Financial Center Boston, Massachusetts 02111 (617) 439-4890 BBO #049120 Dated: ~ / ~ ~ ~~ 6 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: June J ~ 1998 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: Owner/Applicant: 042-98 BUSKIN, INC., FOR ITSELF AS OWNER AND FOR SM & MS NOMINEE TRUST, CONTRACT PURCHASER 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 Section 17 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. W. Waine 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 67 Parcel 118.4 R-C-2 1 Windy Way Unit No. 1 Plan Book 20, Page 65, Lot 8 Deed Ref. 201/53 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., Friday, April 10, 1998, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of BUSKIN, INC. FOR ITSELF AS OWNER AND FOR SM & MS NOMINEE TRUST, CONTRACT PURCHASER, of'21 Meadowview Drive, Nantucket, MA 02554, and c/o P.O. Box 1436, Nantucket, MA 02554, respectively, Board of Appeals File No. 042-98, the Board made the following Decision: 1. Applicant (SM & MS NT) is seeking a MODIFICATION of a SPECIAL PERMIT granted in a Board of Appeals Decision in File No. 040-86 in order to convert office space to a take-out food establishment with one (1) service station and four (4) seats and to convert second floor office space of Unit No. 1 to a dwelling unit. Accordingly, Applicant seeks relief by SPECIAL PERMIT under Nantucket Zoning By-Law §139-9B(2)(o) to allow use of Unit No. 1, located on the first floor easterly side of the existing structure, as a take-out food establishment as described above. In addition/in the alternative, and to the extent necessary, Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-Law §139-18B(4) to waive up to 30% of the required parking spaces to enable the conversions as proposed. In the alternative, relief by SPECIAL PERMIT under Nantucket Zoning By-Law §139-18(1) to validate the five (5) off-site parking spaces as previously approved in File No 040-86. Further, to the extent necessary, Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-Law §139-20C for a waiver of the on-site loading zone requirement. 2. The Decision is based upon the Application and the materials submitted with it and the testimony and evidence presented at the Hearing. The Planning Board made a favorable recommendation subject to several conditions which are incorporated into the Board's Decision as part of the grant of relief. There was one (1) letter from a lessee of a neighboring property, in opposition to the proposed plan, stating that mo waiver of parking should be granted. Three (3) abutters were present at the Hearing speaking in opposition. Concerns expressed related primarily to parking issues. One (1) Windy Way abutter stated that parking on the Way was already a problem with vehicles from the commercial establishment across Surfside Road using his lot for "spill-over" parking. Two (2) abutters on nearby Boynton Lane also expressed concerns about the same issue, with one (1) further stating that the pr®posed use was inappropriate in the subjeob building and would not contribute to the upgrading or tho area. 3. Applicant, through counsel, represented that the structure had been separated into two (2) condominium units, with Applicants under contract to purchase Unit No. 1 which was located in the easterly portion of the structure. The uses in Unit No. 2 were one (1) dwelling unit, one (1) retail unit (currently a barber shop), and one (1) office space (currently used by a kitchen and bath business), requiring a total of seven (7) parking spaces. The existing uses in Unit No. 1 related to office/retail businesses with a parking requirement of ten (10) spaces. The total number of parking spaces required in the BOA Decision in File No. 040-86 was seventeen (17). With a re-allocation of space within Unit No. 1, the total number of parking spaces required with the conversion of a portion of first-floor space to a take-out food establishment would continue to be seventeen (17). While proposing to continue to maintain the two (2) off-site parking spaces that were located in the Way, Applicant preferred to have the five (5) off-site parking spaces, located on the commercial lot across Surfside Road and required in the previous Decision, waived under this Application to minimize problems with the specific allocation and delineation of the spaces on that lot. There would be one (1) take-out station with four (4) interior seats and up to four (4) employees at peak shift. Unit No. 1 would also contain one (1) second-floor 325± square-foot dwelling unit, one (1) first-floor 227+ retail/office space and one (1) separate office space on the second floor. In response to concerns expressed by the Board Applicant agreed to remove any office uses from the second floor of Unit No. 1 and provide one (1) dwelling unit only in said space, restrict the on-site parking of commercial vehicle of any tenants in either unit, to one (1), limit the hours and monitor the parking situation. 4. Therefore, the Board finds that the proposed take-out food establishment use is allowed by Special Permit in this zoning district and that the site, with the maintenance of~the seven (7) off-site parking spaces as required in the Decision in BOA File No. 040-86, contains adequate parking as required under the By-Law for the proposed uses in the building. The grant of relief by Special Permit to allow the conversion of a portion of the first-floor space to said use would be in harmony with the general purposes and intent of the By-Law and would not be substantially more detrimental to the neighborhood., with the ..Locus being situated in a substantially commercially developed area. The grant of a waiver of the loading zone by Special Permit would also be in harmony with the general purposes and intent of the By-Law as there is adequate one-site area in which to unload goods without impeding circulation on Windy Way or adjacent streets. The Board notes that the loading zone issue was not addressed in the previous Decision and needed to be brought before the Board at this time to validate the existing situation. As to a waiver of parking spaces, the Board finds that it would be preferable to maintain the seven (7) off-site parking spaces rather than eliminate them and require the Applicant to maintain the parking area as specified in the Decision in BOA File No. 040-86, i.e., ten (10) on-site and seven (7) off-site parking spaces, with two (2) in Windy Way and five (5) designated across Surfside Road on land shown on Assessor's Map 67, Parcel 120.3 and/or Parcel 119. t' -5. Accordingly, the Board, by a unanimous vote, GRANTS the requested MODIFICATION of the BOA Decision in File No. 040-86 and a SPECIAL PERMIT under Nantucket Zoning By-Law §139-9B(2)(o) to convert existing office/retail space to a take-out food establishment, and a SPECIAL PERMIT under Nantucket Zoning By-Law §139-20C, waiving the loading zone requirement. In addition, the Board validates the parking plan as specified in tha Decision in BOA File No. bq0-86, i.e., tsn (lo) on-site parking spaces, two (2) off-site parking spaces in Windy Way, proximate the Locus, and five (5) off-site parking spaces, situated across Surfside Road, on either one (1) or both lots shown on Assessor's Map 67, Parcels 120.3 and 119, on the following conditions: a. The use of the second floor of Unit No. 1 shall~be limited to one (1) dwelling unit as a condition of the grant of relief for the use of the first-floor as a take-out food establishment, with said conversion to one (1) dwelling unit from office space, to occur by January 15, 1999; b. There shall be one (1) take-out station and a maximum of four (4) seats in the take-out food establishment on the first floor of Unit No. 1; c. The hours that the take-out food establishment in Unit No. 1 shall be open to the public shall be no earlier than 10:00 A.M. and no later than 9:00 P.M. on any given day; d. As it pertains to both Unit No. 1 and Unit No. 2, there shall be no more than one (1) commercial vehicle, that is used in conjunction with a commercial business operating in the building, on-site at any given time; e. All landscaping required under BOA Decision in File No. 040-86 shall be continued and maintained; f. The Applicant shall maintain crossing lines on Surfside Road; g. Parking control lines shall be delineated and maintained within the 10-vehicle parking area on the Lot; h. The Applicant shall provide a trash receptacle adjacent to the Surfside Road frontage and be responsible for its maintenance; and i. Up to the total of five (5) off-site parking spaces across Surfside Road, shall be occupied by employees, residential tenants and additional commercial vehicles associated with the commercial uses in the subject property. ~ Dated: June ~ 1998 /~ /1 /~ /// i Da a W. aine Timothy Madden COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. Land Court Department Of the Trial Court Misc. Case No. 248879 ANN MARCIA WASSERMAN and LAWRENCE D. MCATEE and ALVERA M. MCATEE, TRUSTEE OF THE MCATEE FAMII~Y TRUST Plaintiffs V. THE BOARD OF APPEALS OF NANTUCKET, BUSKIN, INC. AND SM & MS NOMINEE TRUST, Defendants JOINT VOLUNTARY STIPULATION OF DISMISSAL Now come all parties to the above-captioned matter and hereby stipulate, pursuant to Mass. R.Civ.P. 41 (a)(1)(ii), that all claims in all Counts of the Amended Complaint Pursuant to General Laws c. 40A, sec. 17 are hereby dismissed with prejudice, each party to bear its own costs and attorneys' fees. All rights of appeal are hereby waived. Respectfully submitted, John J. nistalli Es (~~ q ' Attorney for Ann Marcia Wasserman, Lawrence D. McAtee and Alvera McAtee, Trustees, Plaintiffs. One Financial Center 28`~ Floor Boston, Mass.02111 (617) 695-3755 BBO# 049120 Dated: l~2 d/~ 'C/.~Ct,~G~~ ~~L~'C6~~'-eft ~ ~~~ Diane C. Tillotson, Esq. Dated: ``Z,O~~ ~/ Dated: ~~L~/1 Attorney for SM & MS Nominee Trust and Buskin, Inc., Defendants. Hemenway & Barnes b0 State Street Boston, Mass. 02109 (617) 227-7940 BBO #498400 y~~~ Kimberly M. Saillant, Esq. Attorney for The Board of Appeals for the Town of Nantucket Deutsh Williams Brooks DeRensis Holland & Drachman, P.C. 99 Summer Street Boston, Mass. 02110-1235 (617) 951-2300 BBO # 548775 ~ YY A?TMT ~~ S~~t~ ~ ~~ ~ ~~ ~ M 11r I:RW. w.11~r.~ eY iJ / ~ . ' ~ ....~ ~~~ ~ ~T ATTORNEY AT LAW 4 BARTLETT ROAD P.O. BOX 2567 NANTUCKET, MASSACHUSETTS 02584 FAX (508J 228-7526 IN HAND February 17, 1999 Ms. Catherine Stover, Town Clerk Town and County Building 16 Broad Street Nantucket, MA 02554 TELEPHONE [508] 228-7525 RE: Wasserman et al v. The Board of Appeals of Nantucket et al Board of Appeals File No. 042-98 Dear Catherine: Enclosed for filing please find a Court attested copy of the Joint Voluntary Stipulation of Dismissal. Very truly yours, ~~~D Jul A. Fitzger j f/kf Enclosure cc: Mr. Michael C. O'Reilly Mr. Dale Waine, Chairman, Board of Appeals i~ECEi~/ED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 17 1999 ~~]~E:~- +:,LEFiK: __ COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. Land Court Department Of the Trial Court Misc. Case No. 248879 ANN MARCIA WASSERMAN and LAWRENCE D. MCATEE and ALVERA M. MCATEE, TRUSTEE OF THE MCATEE FANIILY TRUST Plaintiffs V. THE BOARD OF APPEALS OF NANTUCKET, BUSKIN, INC. AND SM & MS NOMINEE TRUST, Defendants JOINT VOLUNTARY STIPULATION OF DISMISSAL Now come all parties to the above-captioned matter and hereby stipulate, pursuant to Mass. R.Civ.P. 41 (a)(1)(ii), that all claims in all Counts of the Amended Complaint Pursuant to General Laws c. 40A, sec. 17 are hereby dismissed with prejudice, each party to bear its own costs and attorneys' fees. All rights of appeal are hereby waived. Respectfully submitted, ~~~ John J. nistalli, Esq. Attorney for Ann Marcia Wasserman, Lawrence D. McAtee and Alvera McAtee, Trustees, Plaintiffs. One Financial Center 28~' Floor Boston, Mass.02111 (617) 695-3755 BBO# 049120 Dated: l~2 d/~ Diane C. Tillotson, Esq. c..- a 4 Dated: ``Z,O~~ ~ Dated: ~~Z~/1 Attorney for SM & MS Nominee Trust and Buskin, Inc., Defendants. Hemenway & Barnes 60 State Street Boston, Mass. 02109 (617) 227-7940 BBO #498400 Kimberly M. Saillant, Esq. Attorney for The Board of Appeals for the Town of Nantucket Deutsh Williams Brooks DeRensis Holland & Drachman, P.C. 99 Summer Street Boston, Mass. 02110-1235 (617) 951-2300 BBO # 548775 1 iilr A1TMT AID ~~INf M ~71u [e Lr. TAYt ~ t ~r ~ 'f I1 ~~ M. ~~.~4 sY / / ~ -s~i,,,r~,.,,,,~ . HEMENWAY & BARNES ROY A. HAMMER LAWRENCE T. PERERA JOHN J. MADDEN GEORGE T. SHAW TIMOTHY F. FIDGEON MICHAEL B. ELEFANTE MICHAEL J. PUZO THOMAS L. GUIDI EDWARD NOTIS-MCCONARTY DIANE C. TILLOTSON STEPHEN W. KIDDER SUSAN HUGHES BANNING FREDERIC J. MARX DEBORAH J. HALL KURT F. SOMERVILLE TERESA A. BELMONTE BRIAN C. BRODERICK COUNSELORS AT LAW 60 STATE STREET ANDREA H. MAISLEN CHARLES FAYERWEATHER BOSTON, MASSACHUSETTS 0 2 109-1 8 99 MAUREEN E. CURRAN HELEN E. HOLDEN TELEPHONE 1617) 227-7940 JOSEPH L. BIERWIRTH, JR TANYA GUREVICH FAX 1617) 227-0781 RICHARD T. CALIFANO DENNIS R. DELANEY AMY REINHART GAFFNEY ALFRED HEMENWAY KENDRA CHENCUS 11863-19 2 71 CHARLES B. BARNES GEORGE H. KIDDER 11893-19 561 DAVID H. MORSE GUIDO R. PERERA OF COUNSEL DIANE C. TILLOTSON Direct Dial (617) 557-9725 February 12, 1999 Julie A. Fitzgerald, 4 Bartlett Road P.O. Box 2567 Nantucket, MA 02589 Esq. Re: Wasserman, et al. v. The Board of Appeals of Nantucket, et al. Dear Ms. Fitzgerald: Enclosed please find a certified copy of the Stipulation of Dismissal in regard to the above-captioned matter. Sincerely, `~ /~~ Diane C. Tillotson DCTj dl t enclosure Sf l~`~'' . `~~ ,~ ~t, `s~~~' r ~''~ ~s TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 NOTICE PLEASE BE ADVISED: AS THE MEETING IS SCHEDULED ON GOOD FRIDAY/PASSOVER, SHOOED YOII HAVE RELIGIOIIS CONSTRAINTS PROHIBITING ATTENDANCE, PLEASE CALL THE OFFICE ASAP AND EVERY EFFORT WILL BE MADE TO ACCOMMODATE YOII A Public Hearing of the NANTUCKET BOARD OF APPEALS will be held at 1:00 P.M., FRIDAY, APRIL 10, 1998, in the CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 WASHINGTON STREET, Nantucket, Massachusetts, on the Application of the following: BUSKIN, INC., FOR ITSELF AS OWNER AND FOR SM & MS NOMINEE TRUST, CONTRACT PURCHASER BOARD OF APPEALS FILE N0. 042-98 Applicant (SM & MS NT) is seeking a MODIFICATION of a SPECIAL PERMIT granted in a Board of Appeals Decision in File No. 040-86 in order to convert office space to a take-out food establishment with one (1) service station and four (4) seats and to convert second floor office space of Unit No. 1 to a dwelling unit. Accordingly, Applicant seeks relief by SPECIAL PERMIT under Nantucket Zoning By-Law §139-9B(2)(o) to allow use of Unit No. 1, located on the first floor easterly side of the existing structure, as a take-out food establishment as described above. In addition/in the alternative, and to the extent necessary, Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-Law §139-18B(4) to waive up to 30% of the required parking spaces to enable the conversions as proposed. In the alternative, relief by SPECIAL PERMIT under Nantucket Zoning By-Law §139-18(1) to validate the five (5) off-site parking spaces a previously approved in File No. 040-86. Further, to the extent necessary, Applicant is seeking relief by SPECIAL PERMIT under NantuctC~E Zoning By-Law §139-20C for a waiver of the on-site loading zone requirement. The Premises is located at 1 WINDY WAY, UNIT N0. 1, Assessor's Map 67, Parcel 118.4, Plan Book 20, Page 65, Lot 8. The property is zoned Residential-Commercial-2. W Dale W. Waine, Chairman THlS NOTICE iS AVAILABLE IN LARGE PRINT OR ~THCR ALTERNATIVE. FORMATS. FOR ASSISTANC;~ GALL _ _.~ _! _ (.SO~r ~~$=721 ~. ~_ -_ ..._ . _. -- - -- - _. -. -. BoA Form 1-89 NANTUCKET ZONING IIOARD OF APPEALS TORN AND COUNTY IIvILDZNa NANTUCKET,,MA 02554 ~iPPLICATION FOR RELIEF or~ner' s name (s) M^~'^'' o ' 998 ``D,,a t e CAGE No.~~IZ---~ I Mailing address: 21 Meadowview Drive, Nantucket, MA 02554 Applicant's name : SM & MS Nominee Tru Mailing address: _c/o p.o. Box ~~..~~. Nantucket, rte' Location of lot: Assessor's map and parcel number ~' - iiR ~` Street address: Registry Land Ct i Datelo~acquired: 1 Windy Way Plan, Plan Bk & Pg or Plan File 20/65 Lot 8 I. ~~ 83 Deed Ref 201 , 53 .Zoning district RC_2 4-commercial office ~ Uses'on:;lot - commercial: Plone _ ors 2-com~Pr~~a1 nffirPS o r a1~CD. __. - number of: dwellings duplexi apartments 1 rental rooms ,~~~ ~ i ~ Building date(s): all pre-II/727 ~_ or C of;.0? ,;~ Building Permit.appl'n. ?dos. ~!;: i if~ ~I: Cased Nod. all BoA applications, lawsuits: 040-8'6 f State f~lly all zoni~c~ relief sought and respective Code sections and subsections, specifically what you propose compared to present and Whati grounds xou~urge for BoA to make each finding per Section 139-32A~ if Variance, 139-30A x if a Special Permit (and 139-33A if to alter or extend a noncon~o~ming use). If appeal per' 139-3~A & B ~ ~ attach deciision or order ~ppealed.,OK to a tack addendum . ~ ~ ~~ {, ~ '~,. iii ';'E; i ~ RECE VED ~' ' See ~,Ml~. dum attached hereto: T ~ N CLER S OF~Ir~~ 7! ~ NA~VTl1CKET flAq ~'%'~ ~ ~ ~~ '' ~, ~' (~~ ~ MAR 2 ~ 1998 ";~ ~~ TIME: ~ ~ ~~Q C ~~ " ~ --.~ E ~,, ~li~ ~~'~ cj~ cLENI~:_ Items enclosed as part of this Ap"plication: order) ~ addendum2x Locus map x Site plan x showing present x`+planne3 x structures Floor plans present~_ proposed ielevatins n~ (HDC approved? ) Listings lot area x f rontage x setbacks x ` GCRT x ij parking data x Assessor-certifie3 addressee ist 4 sets x ma~ling'labels 2'setsx 5200 fee payable to Town of Nantucket proof 'cap' covenant l(If an appeal, ask Town Clerk to send B1dg,Comr s record to~BoA.) • i ~+ ~~ I certify that the requested informatign submitted is substantially complete and true to the best of my'knowledge, under the pains and penalties of perjury. ~ ~ - ~ ~~ SIGNATURE: !Applicant., Attorney/agent x 3(If not ner or owner's attorney, enclose proof of authority) C/ ~ ;4 ~ (r FOR BOA OFrtCE USE 1 Application copies reed: 4~/~or for f3oA on~ ~by ~-~r~tQ~ One copy filed with Town Clerk on~~/~by complete?~~ One copy each to Planning Bd and Building Dept~~~~by ~~~L~-J $200 fee check given Town Treasurer on~~% ~ y waived? Hearin) notice osted ~~ Z ~ ~ G ~ /~ g~ p _ ~~~_ ma i 1 ed~c ~/_ I & ! ~~~- /_, . ~~~~ Hearing,(s) on_/_/~ cont' d to~~_, ~_/_ withdrawn?~_/_ Decision due by^/~_ made_f_/` filed TC~~~ mailed~~_ - ~ . ~ ~: See;rel~ated cases lawsuits ~~ other r r i ,~ i ~I i i I '1 ' '~~ ~~ ADDENDUM Applicant seeks special permit relief pursuant to Section 139-30 for change of use of two (2) office spaces on the first floor easterly side of the building (Unit 1) to a take-out food establishment with one (1) service station and four (4) seats. A take-out food service establishment is allowed by special permit in an R-C zone pursuant to Section 139-9. B (2) (o). Further, Applicant requests special permit relief, if necessary, to convert one of the second floor office spaces on the easterly side of the building (Unit 1) into a dwelling unit. The Board can find that said change of use is in harmony with the general purpose and intent of the zoning by-law. Pursuant to the 1986 Board of Appeals Decision (040-86), seventeen (17) parking spaces were provided, ten (10) on site, two (2) within an easement in Windy Way, and five (5) off-site across the street by easement agreement. Applicant requests that the same screening requirements as set forth in Paragraph 6 of the 1986 Decision be imposed since the parking plan on site and the building elevations will not change. The parking requirements for the proposed changes do not exceed the parking requirements for the current uses as provided in the 1986 Decision and therefore Applicant requests that the parking plan as approved in 1986 remain in place. In the alternative, the Applicant seeks special permit relief pursuant to Section 139-18 B (4) to waive the five (5) off site spaces g~-~v~,ously approve in ,. 198~~~~~~• t1V'r~ (~,-~'f~' C/.~ 17 i/c~~'/~/~,~~' ~~_ G~~j C7~E=~ ~'L~~'f11~~ ~~7 GtfC! s1~- Further, to the ext nt necessary, Applicant requests special permit relief pursuant to Section 139-20 for a waiver of the Off-Street Loading Facilities, the same being impossible, the granting of relief being in harmony with the general purpose and intent of the by-law, and the granting of relief would not be contrary to sound traffic, safety or parking considerations. The property is located at 1 Windy Way, Map 67, Parcel 118.4, and is zoned Residential-Commercia~2. F. ~~~ C~°`~ PARKING DATA Existing Spaces per 7/8/86 ZBA Decision 17 (including 5 off-site) Required Spaces Unit 2 -retail & office (851 Sq. ft.) 4 -employees: Nantucket Clipper 1 Kitchens & Baths 1 -1 dwelling unit (834 sq. ft.) 1 Unit 1 -proposed take-out station 5 -four (4) seats 1 -employees for take-out station 1 -one dwelling unit (325 Sq. ft.) 1 - retail & office (227 sq. ft.) 1 -Employees-Nant Community School 1 Total: 17 03/09/1998 10:35 1-508-325-4046 MAR-02~^9e MON ~, 3 :07 8 ROSERTS HOUSE INN PAGE 01 22868p1 P. 01 CHA,~L ANG~,AS'~''R4 your hey to Nantucket real estate February 26,1998 As the ownez of One Windy Way, I give permission to 1Vrichael O' Reilly to go before the Zor~Qtag $oard of,Ap~~e for change of use application. .-~ . - _~'?~ Fhil Avery rM NAN'TUCHt~~'rBYVIAffiBACHEJ6lE't"I'$ 02554~i60~}u~ b807 REF.: CHAP..41 -:SEC..:: 81-*X C.L. .,off, .. ., I CERTIFY. T}{AT'jl1,I2QPERTY LINES SHOWN ON THIS PLAN. ~'~ ' S' DIVIDING EXISTING OWNERSIiIPS~ . NgS 'OF THE STREETS AND WAYS"5H0 ~ 'TNOSE'OF PUBLIC OR PRIVATES Oii~MlAYS ALREADY ESTABLISHED AND THAT N0'NEW LINES FOR DIVISION OF EXISTING OWNERSHIP OR FOR NEW WAYS ARE SHOWN. NANTUCKET REW8TAY OF DEEDS Date Time Plan BK. PG. Plon Flle Attest' Register ~ S At V~ ~1~~~ ,~$ 5 0~ NIF ~ePRP M. JOHN G O 0~ P RESERVED FOR REGISTRY USE ONLY REFERENCE: DEED REF.: BK. 201 PG. 53 PLAN REF.: PL.BK. 20, PG. 65 (LOT B) ASSESSORS REF.: MAP: 67 PARCEL: 116.4 PROFESSIONAL LAND SURVEYOR DATE ZONING CLASSIFICATION DISTRICT: RC 2 =RESIDENTIAL COMMERCIAL 2 MINIMUM LOT SIZE 5,000 Sq. FT. MINIMUM FRONTAGE = 40 Ft. ~ a FRONT YARD SETBACK = 20 FT. 61 I,~F .~~R ~ REAR & SIDE LINE SETBACK = 5 FT. NI PE MAX. GROUND COVER RATIO = 50~ PNO~~~gO~N.~ON JN~~ 1 PRF'p , COMMON OpMMON STAIRS RES~~\G~~O ON~~ 2 ON PRF' p a0 32 ~ ~S~R~O~'0 COMM N 6a 25 00 / R R~ i CB/DH N~ \ 2 S~O~pME FND / \ vJOeUtLD~NG . Z a~ ~~ U ~' C 0.5 O~ 6g I AN IF Ea ~' 4 _.~ZOPH~ H" "I HEREBY CERTIFY THAT THIS PLAN FULLY AND ACCURATELY DEPICTS THE LOCATION AND DIMENSIONS OF THE BUILDINGS AS BUILT AND FULLY LISTS THE UNITS CONTAINED IN 1 WINDY WAY CONDOMINIUM AS BUILT." PROFESSIONAL LAND SURVEYOR DATE CONDOMINIUM PLAN OF ~1 WINDY WAY IN NANTUCKET, MA 02554 SCALE: 1" = 20' DATE: JAN. 30, 199E " I HEREBY CERTIFY THAT THIS PLAN HAS BEEN PREPARED IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS OF THE COMMONWEALTH OF MASSACHUSETTS. PROFESSIONAL LAND SURVEYOR DATE ~/ P`~~K i~ _M a Q`AHita 0a~ wr L ``~ OOF, OP¢K~NO ~ ,~ ea`~K ~ ~~ F \ ~ '~ \ PSPNp Y / ,o ~° ~ COMMON AREA -~ " \ UNITS 1 & 2 L O \ ~ . -\ ~ " DoT e ~ io i I 1 i J J J I o° 3 J I ~ f~ I JQI o fWr ~ Jml J ~ \ ~ ~ I J "~l r~~~ J I ~~ J I J J UP 1 N7/4 J ! i I q W ~ n ~ O ca /nH ~ ~ FNO ~ O / \ ~40o A ~ O / ~ ~ 3 \ . 4 ® 6925 ~. ~~ ~ 10 FT WIDE PARKING EASEMENT CB/DH t 7 ~ (REFERENCE DEED BOOK 346. PAGE 337) FND Q+ ` ' / 5 ADDITIONAL PARKING SPACES ARE LOCATED OFF SITE AS PER NANTUCKET ZONING BOARD OF APPEALS DECISION 40 OF 1986; SPECIAL PERMIT pATED 7/8/96, RECORDED WITH THE TOWN OF NANTUCKET REGISTER OF DEEDS (BOOK 252. PAGE t 23). PFiOG~ESS P~~~~°~ DATE: _ NANTUCKET SURVEYORS INC. 5 WINDY WAY NANTUCKET, MA 02554 ~ ~ ~; O ~ a ~ ~ ~ +i /~/''~ N ~ ~/ / N ~ N z .- Z a a ~ 0 V O D O ~~ l_:_ J Z O U w rn G ~ c~ ~ 4. ~ S-. C O C O Z, C ~ J ~ .~ a> >- ~~ ~: ~ Z c6 `~ ~ ~ BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, MAY 30, 1986 at 1L 30 p.m. in the Town and County Building, Nantucket, made the following Decision upon the Applicatian of PHILLIPS G. AVERY, FOR HIMSELF AND OWNER BUSKIN, INC. {0~+0-8b) address, 21 Meadow View Drive, Nantucket. 1. Applicants seek a VARIANCE from the parking and screening requirements of zoning By-Law SECTION 139-18 associated with a recently completed addition to a commercial building. The premises are located at 1 WINDY' WAY, Assessor's Parcel 118.4, Lot 8, Plan Book Z0, Page 65 and zoned RESIDENTIAL-COMMERCIAL-2. 2. $ased upon the Application papers, viewings and plans (marked "Exhibit 1"), release, easement, deed, representations and testimony received at our hearings of May 2 and 30, 1986, we find that Applicants completed addition is not yet occupied, to the extent required off street parking has been unavailable. The addition was undertaken in good faith pursuant to a Building Permit. At the time of applying and obtaining the permit, no question was raised by the prior Building Inspector of meeting the parking requirements. No parking plan was asked or filed. 3. As completed, the building when fully occupied should have the following off--street parking spaces ("OSPS"): USE Retail and office space - One dwelling unit {912 SF Employees - Video Etouse Unemployment Framing store OSI'S 2448 SF 12 apt.) 2 1 office 1 or other 1 16~ said to total 14 per recent Building Inspector reckoning. ~• Z.0 3nhd NhiI 3S~IOH S1c13fi021 9b£b-5Z£-605-L Zb~tit 856L/©Z/Z0 (U40-86) -z- 4. Due to the scale and siting of the structure and provision of deck or walkways, no more than 10 OSPS can be accommodated on the pre, mises fully complying with Section 134-18C. Applicant has made reasonable provision by the Easement and Release, repectively, for S off-Lot spaces on Assessor's Parcel .119 and 2 parallel spaces on Applicants' Windy Way frontage.The Easement provides reciprocally for daytime and night-- time uses framed by 6:00 a.m. and 6:00 p.m., appropriate to respective business needs. The Release, entered into by the other 4lindy Way abutters, gives Applicant unencumbered use of approximately 74 feet of frontage 10 feet wide for parking off the lot along its southerly line. S. Applicant undertakes, as conditions for issuance of the vari- ance, to record the Easement and Release in the Registry against his deed, also to define the required vehicle entry from Windy Way onto his lot with width not greater than 24 feet. For example, railroad ties or land- scaping timbers may be used to channel traffic without impeding a driver's view. Two parking spaces end-to~end near the westerly lot lfne are to be delineated along with the 10 also on the premises, per Exhibit 1 parking plan (the two being subject to blockage by a vehicle in the nearest one of the ten spaces and so best used daylong by an employee or owner). 6. A further condition is imposed modifying the screening re- quirements of Section 139~18F (1}(b), in the light of (d} calling Eor a safe and unobstructed view of traffic. The Surfside bike path runs along Applicants' easterly lot line paralleling the length of their-cuavent~tonal split rail fence. This path is crossed by traffic leaving the premises via Windy Way just prior to reaching the Surfside Road. Applicants under- take to carry the fence one rail-section length up Windy Way (generally where a road-closing gate now hangs when open) and to plant and maintain vines of other appropriate vegetation along the existing and new fence sections to provide reasonable screening without obstructing view over the fence. ~. E:0 3Jtld NNI 3SflOH 51213gOcl 9b0b-SZE-B09-L Zb ~LL ~iSbL/0Z/Z0 (040-86) -3- 1. Because of the topography occasioned by building structure in relation to lot bounds and the hardship of unoccupied commercial space pending parking relief, we find that relief by variance would be support- able upon the conditions noted. However, we strongly favor the actual provision of parking spaces~on and of£ the lot, of the required number. In harmony with the general purpose and intent of the zoning chapter, ensured by the foregoing conditions, we prefer granting to Applicants a SPECIAL PERMIT under Section 1.39-18E allowing use of the seven ofE-site parking spaces of meet that protion of the total parking space require- ment corresponding to the proposed use or uses made of the premises. 8. Accordingly, by UNANIMOUS vote, this Board GRANTS to Applicants such SPECIAL PERMIT under SECTION 139-18E subject to the conditions noted above. Dated: June 17, 1986 Nantucket, MA 02554 '~k, William R. Sherman /[X ~ ~iL/ Dorothy Vollans C~/" t G. Marshall Be le ~. b0 3Jtid hJNI ~S'lOH 512~380~ 9b6~-SZE-80S-Z Zb~ZL 8o5L%©L/Z0 boh Forra ``hh~d~ .. ~v i NAIVTIIC:'.ET ZONING BOARD OF APPEALS 7:'UWN AND COIINTY BIIILDTNG NANTIICRET~ MA 0255A ASSESSOR~B LIST OF PARTIES IN INTEREST 2-89 PROPERTY~..OWNER: ~,LS I r`~ r~^L APPLICANT FOR RELIEF (SAME? ): ,,., ..G / ~ ~ i ADDRESS• OF :PROPERTY: ~ ~ ~~ ~/ * ASSESSOR'S MAP - PARCEL: CD~,"' 11~ `f LIST~OF PARTIES INCLUDING ADDRESSES*(OR SEE ATTACHED )~ i . .•. ~ ~ ' .. ~ or the attached ) lists I certify."that;the'foregoing -~ +-~,r ubllc allpersons.,:. ,_a....~.aZ or legal; who arositeeon aryaputt~.ng property.;'.'owners ~ of land directly opp ~or private'~.street or way; and abutters of the abutters and all other land owners within eh~ee a~thed (and theire property line ~. of Owner's prop y, address) appear on the most recent applicable tax list [per~M.G~.L. c:4.0A, Section 11 and Zoning Code Chapter 139, Section 139-29D(2)]. Assessor Town of Nantuc et Date p'~ ~1GLJ *NOTE-.Applicant ~(petitioner)~should include with the lot Por which zoning relied is sought: any commonly-owned abutting lots which might become involved in the zoning matter. List map and parcels for each abutter. 02/24/98 ?~ TOWN OF NANTUCKET PAGE 1 08:56:36 OWNER'S MAILING ADDRESS LIST MUAS750 8.5 Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Location 0067 01185 *MCATEE LAWRENCE D TRUSTEE 164 ASHLEY LANE 0002 WINDY WY MCATE~ NOMINEE TRUST MIDDLEBOROUGH MA 02346 0067 01186 *REIS PRISCILLA 4 MILLBROOK P.D 0004 t•JINDY WY NANTUCKET MA 02554 0067 01187 *RUSTAD BINTH PO EOX 656 0006 WINDY WY NANTUCKET MA 02554 0067 0218 REIS MYLES M & PRISCILLA L PO BOX 113 0057 SURFSIDE RD NANTUCKET MA 025>4 0067 01181 *MANDELL SEYMOUR & MIRIAM ~ 17 UNION ST 0007 WINDY WY NANTUCKET MA 02554 0067 0447 BACHMAN MICHAEL S TRUSTEE PO BOX 954 005A WINDY WY AUGUSTUS SHANNON REALTY TRUST NANTUCKET MA 02554 0067 0448 BACHMAN MICHAEL S TRUSTEE PO BOX 954 005E WINDY WY AUGUSTUS SHANNON REALTY TRUST NANTUCKET MA 02554 0067 0449 BACHMAN MICHAEL S TRUSTEE PO BOX 954 005C WINDY WY AUGUSTUS SHANNON REALTY TRUST NANTUCKET MA 02554 0067 0450 BACHMAN MICHAEL S TRUSTEE PO BOX 954 005D WINDY WY AUGUSTUS SHANNON REALTY TRUST NANTUCKET MA 02554 0067 0451 MAURY CHRISTOPHER L 0003 WINDY WAY 003A WINDY WY NANTUCKET MA 02554 0067 0452 MAURY CHRISTOPHER L 0003 WINDY WAY 0038 WINDY WY NANTUCKET MA 02554 0067 C453 *IMMESOETE JULT_E K 3C WINDY WAY 003C WINDY WY NANTUCKET MA 02554 0067 01171 KASCHULUK JEFFREY PO BOX 2890 0018 BOYNTCN LN NANTUCKET MA 02584 0067 01172 KASCHULUK JEFFREY TR PO BOX 2890 0016 60YNTON LN NANTICUT REALTY TRUST NANTUCKET MA 02584 0067 01174 BOYNTON ANDREW C & PETER H AVENUE DE ROCHETTAZ 63 CH-1009 0002 BOYNTON LN PULLY SWITZERLAND 0067 01175 *MANCHESTER GEORGE R PO BOX 47 0012 BOYNTON LN NANTUCKET MA 02554 0067 01177 BOYNTON ANDREW C & PETER H AVENUE DE ROCHETTAZ 63 CH-1009 0004 BOYNTON LN PULLY SWITZERLAND 0067 01178 *fISHER SUSAN J PO BOX 2103 0006 BOYNTON LN NANTUCKET MA 02584 0067 01179 *BOYNTON ANDREW C & 61 VESTAL ST 0008 EOYNTON LN BOYNTON BUILDERS INC NANTUCKET MA 02554 0067 00147 WASSERMAN ANN MARCIA PO BOX 456 0017 BOYNTON LN NANTUCKET MA 02554 0067 00142 CAMPANALE LEONARD M PO BOX 105 0006 BARTLETT RD SIASCONSET MA 02564 0067 00144 PARENTS COOPERATIVE OF PO BOX 2021 0045 SURFSIDE RD NANTUCKET NANTUCKET MA 02584 0067 00151 ANDRACCHIO ANTHONY P PO BOX 2186 0038 SURFSIDE RD 0038 SURFSIDE RD NANTUCKET MA 02584 0067 0015 W B B 0 INC PO BOX 2549 0040 SURFSIDE RD NANTUCKET MA 02584 0067 0399 *YANKOW KEITH M TRUSTEE PO BOX 675 0018 PILOT WHALE DR PILOT WHALE NOMINEE TRUST NANTUCKET MA 02554 0067 0119 ISLAND MANAGEMENT INC BOX 2549 0044 SURFSIDE RD NANTUCKET MA 02584 ~ ~ 02/24/98 ` TOWN OF NANTUCKET 08:56:36 OWNER'S MAILING ADDRESS LIST Map Block Lot Owner`s/Co-Owner's Name Mailing Address/City State Zip Property Location 0067 01203 WIEMANN JAMES B 0046 SURFSIDE RD 004b SURFSIDE RD NANTUCKET MA 02554 0067 0398 *YANKOW KEITH M TRUSTEE PO BOX 675 0014 PILOT WHALE DR PILOT WHALE NOMINEE TRUST NANTUCKET MA 02554 0067 6397 *YANKOW KEITH M TRUSTEE PO BOX 675 0012 PILOT WHALE DR PILOT WHALE NOMINEE TRUST NANTUCKET MA 02554 C067 01204 DIAS M FRANCIS & ELAINE 0050 SURFSIDE RD 0048 SURFSIDE RD NANTUCKET MA 02554 PAGE 2 MUAS750 8.5 NUMBER OF RECORDS = 30 ~~~~ ATTORNEY AT LAW 4 BARTLETT ROAD P.O. BOX 2567 NANTUCKET, MASSACHUSETTS 02584 FAX [508J 228-7526 March 9, 1998 Ms. Rebecca J. Lohmann, Town Clerk Town and County Building 16 Broad Street Nantucket, MA 02554 RE: Application to the Board of Appeals Applicant: SM & MS Nominee Trust Property: 1 Windy Way, Nantucket, MA Map: 66, Parcel: 118.4 Dear Ms. Lohmann: TELEPHONE [508J 228-7525 Please certify the date and time of filing of the attached Board of Appeals Application on the enclosed copy of this letter. Thank you for your assistance. Very truly yours, ~~~ ra Received and entered: Rebecca J. Lohmann, Town Clerk TOVVJ~ C~a=RD'S ~~~~~:c NANTUCKET, MA 02554 MAR 0 9 1998 TIME: ,p55~ CLERK:_ cc: Mr. Michael O'Reilly ~~ ATTORNEY AT LAW 4 BARTLETT ROAD P.O. BOX 2567 NANTUCKET, MASSACHUSETTS 02584 FAX [508] 228-7526 IN HAND March 9, 1998 Mr. Dale W. Waine, Chairman Board of Appeals 37 Washington Street Nantucket, MA 02554 RE: Application of: SM & MS Nominee Trust Property: 1 Windy Way Map: 67 Parcel: 118.4 Dear Mr. Waine: Enclosed for filing, please find the following: 1. Application plus three (3) copies; 2. Certified Abutter's List plus three (3) copies; 3. Four (4) copies of a Site Plan; TELEPHONE (508J 228-7525 4. Four (4) copies of a proposed "Master Deed" Floor Plan; 5. Four (4) copies of Board of Appeals Decision 040-86; 6. Two (2) sets of Mailing Labels; and 7. Check in the amount of $200.00. Please schedule this matter for hearing on April 10, 1998. Very tr ly your ie A. Fitzg r AF/mhh Enclosures cc: Rebecca L. Lohmann, Town Clerk Mr. Michael O'Reilly ~~ BoA Form 1-89 NANTUCXET ZONINC3 IIOARD OF APPEALB TOWN AND COUNTY IIUILDINc3 Nl~NTUCKET, Hh 02554 • J~PPLICATION FOR RELIEF Or~ner' s name (s) M^"^~' Q ' 998 Date C7~BE No. - Mailing address: 21 Meadowview Drive, Nantucket, MA 02554 Applicant's name : SM & MS Nominee Tru Mailing address: c/o P.O. Box Location, of lot: Assessor's map and parcel number 67 - 118.4 Street ~ address : 1 Windy Way Registry Land Ct Plan, Plan Bk & Pg or Plan File 20/65 Lot 8 !. ~ ~. Date , to ~ acquired : ~~ 83 Deed Ref 201 , 53 .Zoning district RC-2 4-commercial offices ~ Uses'_on]lot - commercial: 2Jone _ or 2-comm~xx~ial_sz£f~ce~ cr re~?il~CD. --- ~ ~ i - number of: dwellings duplex apartments 1 rental rooms Building date(s): all pre-II/72? ~_ or C of:.0? .a ~ ~ ~ Building Permit.appl'n. Nos. ~: Cased No~. all BoA applications, lawsuits: 040-$'6 r State fully all zoni~c~ relief sought and respective Code sections and subsections, specifically what you propose compared to present and What grounds xou~urge for BoA to make each finding per Section 139-~2A I_ if Varl.ance 139-30A X if a Special Permit (and .139-33A if to alter or extend a noncon~o~ming use). If appeal per 139-3~A & B ~~~ attach decision or order appealed. OK to a tach addendum . ;,: ~1„ !~; ;j~; ~~ ;i See t~~ie' dum attached hereto: ~ ., '. I ~ ~ f ~ ~,,,, .~; I ~~ ~,~ ~ ~~ ,, Items enclosed as part of this Ap'•plication: orders ~ addendum2X Locus map x Site plan x showing present X`+plan-n~Ice X structures Floor plans present~_ proposed ielevatlons -11n (HDC appproved? ) Listings lot areas frontage x setbacks x `GCR x ~iparking datax Assessor-certifie~ddressee List 4 sets g ma~ling'labels 2'setsx .$200 fee payable to Town of Nantucket proof 'cap' covenant l(If an appeal, ask Town Clerk to send B1dg,Comr s record to~BoA.) ~ ~~ ~ I certify that the requested information submitted is substantially complete and true to the best of my~knowledge, under the pains and penalties of perjury. ~ :~ I l I SIGNATURE: :Applicant,. Attorney/agent x ,: 3(If not ner or owner's attorney, enclose proof of authority) 4 {r FOR BcA OFFICE USE r t Application copies reed: 4 or for f3oA on_/~_ by One copy filed with Town Clerk on_/~_ by complete? One copy each to Planning Bd and Building Dept__~~_ by $200 fee check given Town Treasurer on_/~_ by I waived? Hearing notice posted~~_ mailed_/~_ I & M~_/_, . ^/~_ I ~ 4 Hearing,(s) on_/~_ cont'd to_/~_, _/~_ withdrawn?~~_ Decision due by_/~_ made~~ I filed TC~_/~ mailed~~_ See ;related cases lawsuits ~~ other r r ~ i ~ I i ;I '''~ ADDENDUM Applicant seeks special permit relief pursuant to Section 139-30 for change of use of two (2) office spaces on the first floor easterly side of the building (Unit 1) to a take-out food establishment with one (1) service station and four (4) seats. A take-out food service establishment is allowed by special permit in an R-C zone pursuant to Section 139-9. B (2) (o). Further, Applicant requests special permit relief, if necessary, to convert one of the second floor office spaces on the easterly side of the building (Unit 1) into a dwelling unit. The Board can find that said change of use is in harmony with the general purpose and intent of the zoning by-law. Pursuant to the 1986 Board of Appeals Decision (040-86), seventeen (17) parking spaces were provided, ten (10) on site, two (2) within an easement in Windy Way, and five (5) off-site across the street by easement agreement. Applicant requests that the same screening requirements as set forth in Paragraph 6 of the 1986 Decision be imposed since the parking plan on site and the building elevations will not change. The parking requirements for the proposed changes do not exceed the parking requirements for the current uses as provided in the 1986 Decision and therefore Applicant requests that the parking plan as approved in 1986 remain in place. In the alternative, the Applicant seeks special permit relief pursuant to Section 139-18 B (4) to waive the five (5) off site spaces previously approved in 1986. Further, to the extent necessary, Applicant requests special permit relief pursuant to Section 139-20 for a waiver of the Off-Street Loading Facilities, the same being impossible, the granting of relief being in harmony with the general purpose and intent of the by-law, and the granting of relief would not be contrary to sound traffic, safety or parking considerations. The property is located at 1 Windy Way, Map 67, Parcel 118.4, and is zoned Residential-Commercial 2. PARKING DATA Existing Spaces per 7/8/86 ZBA Decision 17 (including 5 off-site) Required Spaces Unit 2 -retail & office (851 Sq. ft.) 4 -employees: Nantucket Clipper 1 Kitchens & Baths 1 -1 dwelling unit (834 sq. ft.) 1 Unit 1 -proposed take-out station 5 -four (4) seats 1 -employees for take-out station 1 -one dwelling unit (325 Sq. ft.) 1 - retail & office (227 sq. ft.) 1 -Employees-Nant Community School 1 Total: 17 03/09/1998 10:35 1-508-325-4846 MAR-02°^9e MON 43:67 8 ROBERTS HOUSE INhJ PAGE 01 228BSA1 P. 91 ,~1+iICHA,~;L ANG~,LAS~"R(~ yoLr key to Nantr~eket real estate February 26,1998 As the d~nex of Une Windy Way, I give permission to 117ichael O' Keilly to go beforo the Zanau~g 134arrl of Appeals far change of use applicatiaz~. _ .....r F}ail Avery N'~NTLTCB,~'~a~~CHiJ4EZ'T$ 02 54~(609?~~ b807 REF.: CHAP....41,~'$EC.:.,81-+X C.L. r.~ •' t CERTIFY. TIiAT'~,QPERTY LINES SHOWN ON THIS PLAN..:- ' ~~ S ~OtVIDING EXISTING OWNERSIiIP$~ : NES 'QF" THE STREETS AND WAYS".5H0 :THOSE' OF PUBLIC OR PRIVATES Qi~WAYS ALREADY ESTABLISHED AND THAT NO`NEW ONES FOR DIVISION OF EXISTING OWNERSHIP OR FOR NEW WAYS ARE SHOWN. PROFESSIONAL LAND SURVEYOR DATE NANTUCKET REQI8TRY OF DEEDf Date Time Plan BK. PG. Plon File Attest: Register RESERVED FOR REGISTRY USE ONLY REFERENCE: DEED REF.: BK. 201 PG. 53 PLAN REF.: PL.BK. 20, PG. 65 (LOT 8) ASSESSORS REF.: MAP: 67 PARCEL: 118.4 ZONING CLASSIFICATION DISTRICT: RC 2 =RESIDENTIAL COMMERCIAL 2 MINIMUM LOT SIZE = 5,000 Sq. FT. MINIMUM FRONTAGE = 40 Ft. FRONT YARD SETBACK = 20 FT. REAR & SIDE LINE SETBACK = 5 FT. MAX. GROUND COVER RATIO = 509' CB/DH FN D 1 453 0~ ~ 401 ~F CR ~' _,~SOPN~ N" %~v+ O L5 44 ~ y' ~1~~~ ,~$ 5 6~ NIF RgPRP `1'. JOHN G 0 8~ P "I HEREBY CERTIFY THAT THIS PLAN FULLY AND ACCURATELY DEPICTS THE LOCATION AND DIMENSIONS OF THE BUILDINGS AS BUILT AND FULLY LISTS THE UNITS CONTAINED IN 1 WINDY WAY CONDOMINIUM AS BUILT." PROFESSIONAL LAND SURVEYOR DATE CONDOMINIUM PLAN OF ~1 WINDY WAY IN NANTUCKET, MA 02554 SCALE: 1" = 20' DATE: JAN. 30, 199F " I HEREBY CERTIFY THAT THIS PLAN HAS BEEN PREPARED IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS OF THE COMMONWEALTH OF MASSACHUSETTS." PROFESSIONAL LAND SURVEYOR DATE JN~~ ~ PREP , COMMON Gp~MON STAIRS / ~~5~~\G-CEO 6 N ~f PE'(f" PNO~~~~O~N.~pN ~N~j Z ON PREP a0 32 ~ ~S~R~G~'0 GOMM N 6a 15 00 ~ y N1 ~ Z S'tO~PN,E. / \ WOeV1~p~NG , P~~ #1 ~a, v~ WA`K ,z a p~.~HjF'R BP~C'V. \ ~ i wK°`fi EDp~ ~ PRK1N~ ~ Y n 9R PSPN p1, i ~ ~' z \ ~ ,o mac. ~ ~° ~ COMMON AREA ~ -C o r ~ UNITS 1 bt 2 A" ~ , ~ ~ Op o, O ". -~ \ 4 -' ~ ~ nfiEn L BT51~Jt S.E.C L O ~ ~ io i I ~ I 1 ~ ~ t 0 3 ~ ~ r\ ~~ 1 n IQI o l~l ~ Iml \ I i ,I 1 ~~~~~ ~I ~ \ `~ ~ ~ uP I N7/4 I , I l'R /I~H FND Q rrQ ~l 10 FT WIDE PARKING EASEMENT (REFERENCE DEED BOOK 346, PAGE 337) 5 ADDITIONAL PARKING SPACES ARE LOCATED OFF SITF AS PER NANTUCKET ZONING BOARD OF APPEALS DECISION 40 OF 1986; SPECIAL PERMIT DATED 7/8/96, RECORDED MATH THE TOWN OF NANTUCKET REGISTER OF DEEDS (BOOK 252, PAGE 123). PROGRESS PR~~~T GATE: _ NANTUCKET SURVEYORS INC. 5 WINDY WAY NANTUCKET, MA 02554 J Li. (/~ ~_ LL _,~... _ -ob.~. z z ~, ~; h vi 0 LL m m z 0 U W G ~ c~ ~ ~ ~ s.. O O C Cam. ~ r ~ .rte U ~ LJ ..--~ QJ ^~ I~ a.- >-. GUARD OF APPEALS TOWN OE' NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, MAY 30, 1986 at 12:30 p.m. in the Town and County Building, Nantucket, made the following Decision upon the Application of PHILLIPS G. AVERY, FOR HIMSELF AND OWNER BUSKIN, INC. (044-86) address, 21 Meadow View Drive, Nantucket. 1. Applicants seek a VARIANCE from the parking and screening requirements of Zoning By-Law SECTION 139-18 associated with a recently completed addition to a commerci,el building. The premises are located at 1 WINDY WAY, Assessor's Parcel 118.4, Lot 8, Plan Book Z0, Page 65 and zoned ~ZESIDENTIAL-COMMERCIAL-2. 2. Based upon the Application papers, viewings and plans (marked "Exhibit 1"), release, easements dead, representations and testimony received at our hearings of May 2 and 30, 19$6, we find that Applicants' completed addition is not yet occupied~to the extent required off-street parking has been unavailable. The addition was undertaken in good faith pursuant to a Building Permit. At the time of applying and obtaining the permit, no question was raised by the prior Building Inspector of meeting the parking requirements. No parking plan was asked or filed. 3. As completed the building when fully occupied should have the Following off-street parking spaces ("OSPS"): USE Retail and office space - One dwelling unit (912 SF Employees - Video House Unemployment Framing store OSI'S 2448 SF 12 apt.) 1 2 ~f f ice 1 or other 1 16~ *said to total 14 per recent Building Inspector reckoning, ~~ Z.0 3ndd Nf~lI 3S~IOH S1~3H0~1 9t0b-5z6-805-1. Zb ~ZL 856E/0Z; Z,0 (~4o-ab> -z- 4. Due to the scale and siting of the structure and provision of deck or walkways, no more than 10 OSPS can be accommodated on the pre, mises fully complying with Section 139-18C. Applicant has made reasonable provision by the Easement and Release, repectively, for S vff-lot spaces on Assessor's Parcel .119 and 2 parallel spaces on Applicants' Windy Way frontage.The Easement provides reciprocally for daytime and night-- time uses framed by 6:00 a.in. and 6:00 p.m., appropriate to respective business needs. The Release, entered into by the other Windy Way abutters, gives Applicant unencumbered use of approximately 74 feet of frontage 10 feet wide foz~ parking off the lot along its southerly line. S. Applicant undertakes, as conditions for issuance of the vari- ance, to record the Easement and Release in the Registry against his deed, also to define the required vehicle entry from Windy Way onto his lot with width not greater than 24 feet. For example, railroad ties ar land- scaping timbers may be used to channel traffic without impeding a driver's view. Two parking spaces end-to~end near the westerly lot line are to be delineated along with the 1.0 also on the premises, per Exhibit 1 parking plan (the two being subject to blockage by a vehicle in the nearest one of the ten spaces and so best used daylong by an employee or owner). 6. A further condition is imposed modifying the screening re- quirements of Section 139-18F (1}(b), in the light of (d) calling for a safe and unobstructed view of traffic. The Surfside bike path runs along Applicants' easterly lot line paralleling the length of ~their'cuaver~t3oaal split rail fence. This path is crossed by traffic leaving the premises via Windy Way just prior to reaching the Surfside Road. Applicants under- take to carry the fence one rail--section Length up Windy Way (generally where a road-closing gate now hangs when open) and to plant and maintain vines of other appropriate vegetation along the existing and new fence sections to provide reasonable screening without obstructing view over the fence. ~., E:0 3Jt~d NfJI 3Sf10H S1213gOcl 9b0b-9ZE-B0S-L Zb~Li $66L!0~l~0 •/ (04O-8b) -3, 7. Because of the topography occasioned by building structure in relation to lot bounds and the hardship of unoccupied commercial space pending parking relief, we find that relief by variance would be support- able upon the conditions noted. However, we strongly favor the actual provision of parking spaces•on and off the Lot, of the required number. In harmony with the general purpose and intent of the zoning chaptez, ensured by the foregoing conditions, we prefer granting to Applicants a SPECIAL PERMIT under Section 139-18E allowing use of the seven off--szte parking spaces of meet that protion of the total parking space require- ment corresponding to the proposed use or uses made of the premises. 8. Accordingly, by UNANIMOUS vote, this Board GRANTS to Applicants such SPECIAL PERMIT under SECTION 139-18E subject to the conditions noted above. Dated: June 17, 1986 Nantucket, MA 02554 '~1i~, William R. Sherman /tX ~~iL/ Dorothy Vollans `~"i C. Marshall Be le ~' bpi 3rihd hJNI 3Sf10H S12l3g0~i 9beb-SZE-899-1 Zb ~IL 866E/0Z/ZC~ Bow ~ orra ,0~ . . ~~ i • NTUCv.ET ZOtiI2dG BOARD OF 11PPEALS ' TUi~'N AND COIINTY BIIILDING NANTUCRET~ MA 02554 ASSESSOR~B LIST OF PARTIES IN INTEREST 2-89 PROPERTY _ OWNER: ~.C S l r~ 1-.nom--_ APPLICANT FOR RELIEF (SAME' ~ ~ p) : ' ADDRESS. OF :PROPERTY: ~L~vn~.1~. ~ ASSESSOR'S MAP - PARCEL: ~D~,- ~~~ LIST~OF PARTIES INCLUDING ADDRESSES*(OR SEE ATTACHED )~ i . ~ ~•' ~ or the attached ) lists ' I certify°that ;thee foregoing •• all -persons.;:. ~at'.:.ra' or legal, who are owners of abu~tt?ng `'owners ~ of `land directly opposite on ary p property., ~ and abutters of the abutters and or private'~street or way, all other land owners within three asnthed hand theire property ~ l'i:ne ~. of owner s property, licable tax list address)'appear on the most recent app [per~M.G~.h. c:A.OA, Section 11 and Zoning Code Chapter 139, Section 139-29D(2)]• Assessor Town of Nantuc et Date ~ p~ ~)GL.. ' *NOTE~•Applicant (petitioner)~should inclo~onlltowned lot Por which zoning.relieP is sought: any Y" abuttingl,~stsmahland parcelscfor eachlabutterthe zoning matter. P 02/24/98 ~ TOWN OF NANTUCKET " 08:56:36 OWNER'S MAILING ADD RESS LIST Map Block Lot Owner's/Co-Owner's Name Mai ling Address/Cit y State Zip Pr operty Location 0067 01185 *MCATEE LAWRENCE D TRUSTEE 164 ASHLEY LANE 0002 WINDY WY MCATEE NOMINEE TRUST MIDDLEBOROUGH MA 02346 0067 01186 *REIS PRISCILLA 4 MILLEROOK P.D 0004 4JINDY WY NANTUCKET MA 02554 0067 01187 *RUSTAD BINTH PO EOX b56 0006 WINDY WY NANTUCKET MA 02554 0067 0218 REIS MYLES M & PRISCILLA L PO BOX 113 0057 SURFSIDE RD NANTUCKET MA 025:4 0067 01181 *MANDELL SEYMOUR & MIRIAM G 17 UNION ST 0007 WINDY WY NANTUCKET MA 02554 0067 0447 BACHMAN MICHAEL S TRUSTEE PO BOX 954 005A WINDY WY AUGUSTUS SHANNON REALTY TRUST NANTUCKET MA 02554 0067 0448 BACHMAN MICHAEL S TRUSTEE PO BOX 954 0058 WINDY WY AUGUSTUS SHANNON REALTY TRUST NANTUCKET MA 02554 0067 0449 BACHMAN MICHAEL S TRUSTEE PO BOX 954 005C WINDY WY AUGUSTUS SHANNON REALTY TRUST NANTUCKET MA 02554 C067 0450 BACHMAN MICHAEL S TRUSTEE PO BOX 954 005D WINDY WY AUGUSTUS SHANNON REALTY TRUST NANTUCKET MA 02554 0067 0451 MAURY CHRISTOPHER L 0003 WINDY WAY 003A WINDY WY NANTUCKET MA 02554 0067 0452 MAURY CHRISTOPHER L 0003 WINDY WAY 0038 WINDY WY NANTUCKET MA 02554 0067 C453 *IMMESOETE JULIE K 3C WINDY WAY 003C WINDY WY NANTUCKET MA 02554 0067 01171 KASCHULUK JEFFREY PO BOX 2890 0018 BOYNTCN LN NANTUCKET MA 02584 0067 01172 KASCHULUK JEFFREY TR PO BOX 2890 0016 60YNTON LN NANTICUT REALTY TRUST NANTUCKET MA 02584 0067 01174 BOYNTON ANDREW C & PETER H AVENUE DE ROCHETTAZ 63 CH-1009 0002 BOYNTON LN PULLY SWITZERLAND 0067 01175 *MANCHESTER GEORGE R PO BOX 47 0012 BOYNTON LN NANTUCKET MA 02554 0067 01177 BOYNTON ANDREW C & PETER H AVENUE DE ROCHETTAZ 63 CH-1009 0004 BOYNTON LN PULLY SWITZERLAND 0067 01178 *FISHER SUSAN J PO BOX 2103 0006 BOYNTON LN NANTUCKET MA 02584 0067 01179 *BOYNTON ANDREW C & 61 VESTAL ST 0008 EOYNTON LN BOYNTON BUILDERS INC NANTUCKET MA 02554 0067 00147 WASSERMAN ANN MARCIA PO BOX 456 0017 EOYNTON LN NANTUCKET MA 02554 0067 00142 CAMPANALE LEONARD M PO BOX 105 0006 BARTLETT RD SIASCONSET MA 02564 0067 00144 PARENTS COOPERATIVE OF PO BOX 2021 0045 SURFSIDE RD NANTUCKET NANTUCKET MA 02584 0067 00151 ANDRACCHIO ANTHONY P PO BOX 2186 0038 SURFSIDE RD 0038 SURFSIDE RD NANTUCKET MA 02584 0067 0015 W B B 0 INC PO BOX 2549 0040 SURFSIDE RD NANTUCKET MA 02584 0067 0399 *YANKOW KEITH M TRUSTEE PO BOX 675 0018 PILOT WHALE DR PILOT WHALE NOMINEE TRU ST NANTUCKET MA 02554 0067 0119 ISLAND MANAGEMENT INC BOX 2549 0044 SURFSIDE RD NANTUCKET MA 02584 PAGE 1 MUAS750 8.5 '02/24/98 t TOWN OF NANTUCKET ' 08:56:36 OWNER'S MAILING ADDRESS LIST Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Location 0067 01203 WIEMANN JAMES B 0046 SURFSIDE RD 0046 SURFSIDE RD NANTUCKET MA 02554 0067 0398 *YANKOW KEITH M TRUSTEE PO EOX 675 0014 PILOT WHALE DR PILOT WHALE NOMINEE TRUST NANTUCKET MA 02554 0067 6397 *YANKOW KEITH M TRUSTEE PO BOX 675 0012 PILOT WHALE DR PILOT WHALE NOMINEE TRUST NANTUCKET MA 02554 0067 01204 DIAS M FRANCIS & ELAINE 0050 SURFSIDE RD 0048 SURFSIDE RD NANTUCKET MA 02554 PAGE 2 MUAS750 8.5 NUMBER OF RECORDS = 30 s r ~ r Lz,~~rence D. Mcatee, Trustee r icatee Nominee Trust 164 Ashley Lane Middleboro, MA 02346 Seymour & Mirian G. Mandell 17 Union Street Nantucket, MA 02554 Julie K. Immesoete 3C Windy Way Nantucket, MA 02554 George R. Manchester P.O.Box 47 Nantucket, MA 02554 Marcia Ann Wasserman P.O. Box 456 Nantucket, MA 02554 Anthony P. Andracchio 38 Surfside Road P.O. Box 2186 Nantucket, MA 02584 Island Management. Inc. P.O. Box 2549 Nantucket, MA 02584 Myles & Priscilla L. Reis Binth Rustad P.O. Box 113 P.O. Box 656 Nantucket, MA 02554 Nantucket, MA 02554 Michael S. Bachman, Trustee Christopher L. Maury Augustus Shannon Realty Trust 3 Windy Way P.O. Box 954 Nantucket, MA 02554 Nantucket, MA 02554 Jeffrey Kaschuluk Andrew C. and Peter H. Boyton P.O. Box 2890 Avenue De Rochettaz 63 CH-1009 Nantucket, MA 02584 Pully S~i~itzerland Susan J. Fisher Andrew C. Boynton Builders, Inc. P.O. Box 2103 61 Vestal Street Nantucket, MA 02584 Nantucket, MA 02554 Leonard M. Campanale Parents Cooperative of Nantucket P.O. Box 105 P.O. Box 2021 Siasconset, MA 02564 Nantucket, MA 02584 WBBO, Inc. Keith M. Yankow, Trustee P.O. Box 2549 Pilot Whale Nominee Trust Nantucket, MA 02584 P.O. Box 675 Nantucket, MA 02554 James B. Wiemann Francis M. Elaine Dias 46 Surfside Road 50 Surfside Road Nantucket, MA 02554 Nantucket MA 02554 e~ `