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HomeMy WebLinkAbout060-98TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: August $~ 19 98 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: 060-98 EDWARD NOTIS-MCCONARTY, TfillSTEE OF IV & X BROAD STREET 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 Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the Decision must be brought by filing an complaint in court within '^WENTY (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. 1 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 X139-301 (SPECIAL PERMITS); §139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. r TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 Assessor's Map 42.4.2 4 Broad Street Parcel 65 Land Court Plan 8755-F, Lot 14 R-C Cert. of Title 15,076 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., Friday, June 12, 1998, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of EDWARD NOTIS-MCCONARTY, TRUSTEE OF IV & X BROAD STREET REALTY TRUST, c/o Theodore L. Tillotson, P.O. Box 1530, Nantucket, MA 02554, Board of Appeals File No. 060-98, the Board made the following Decision: 1. Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-18B(2) and (3) (Parking Requirements). Applicant proposes to convert an approximately 98+ square-foot space within an existing building, currently used in conjunction with the Nantucket Bike Shop operation, to a separate retail space. The new use would require one (1) parking space for the employees and Applicant is seeking a waiver of all required parking spaces. In addition, the Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-20C to waive the loading zone requirement. In the alternative, Applicant asks the Board to make a FINDING that relief is not necessary based upon the history of the use of said space. Applicant was denied similar relief in BOA File No. 035-98 and has sought permission for a re-hearing before this Board from the Planning Board pursuant to Nantucket Zoning By-Law §139-30K. The Locus is non-conforming as to lot size, having an area of 3,605+ square feet in a district that requires a minimum lot size of 5,000 square feet; as to side yard setbacks with the structure being sited less than one (1) foot at its closest point from both the easterly and westerly side yard lot lines in a district that requires a minimum of five (5) feet; as to ground cover ratio, having a ratio of 64+q in a district that allows a maximum of 30% for undersized lots; and as to parking and loading zones. See also BOA File Nos. 024-92 and 024-98. The Premises is located at 4 BROAD STREET, Assessor's Map 42.4.2, Parcel 65, Land Court Plan 8755-F, Lot 14. 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, after a review of the new information submitted with this Application that allegedly substantiates Applicant's claim of grandfathering of the subject space as a separate commercial space, made a favorable recommendation. There were seven (7) affidavits with accompanying material on file at the Board of Appeals. 3. Applicant is before this Board seeking a re-hearing of a matter that was denied in a Decision in BOA File No. 035-98. Applicant sought permission from the Planning Board to bring the same matter before the Board of Appeals prior to expiration of the two (2) year ban on re-application after a Denial as required under the By-Law. Applicant now proffers new supporting documentation, consisting of affidavits and personal recollections, that was not previously available at the time of the original hearing. The Planning Board so voted its approval to allow the Applicant to seek a re-hearing before this Board. Applicant represents, through counsel, that the new documentation supports his claim of the pre-existing status of the 98+ square feet of retail space as separate from other uses on the site on a continuous basis since a time prior to the 1972 enactment of the Zoning By-Law and without a three (3) year gap. 4. After due consideration of the new material by all members, a majority of the Board finds that the new documentation does not in fact provide sufficient conclusive evidence of Applicant's claims and further that the original finding that the addition of a third separate use in the existing structure would constitute a too intensive use of said structure and would be more substantially more detrimental to the already highly trafficked commercial neighborhood, has merit and is still valid. 5. Accordingly, upon a motion made and seconded, to grant the relief with the condition that there be no food service allowed in the space, the Board DENIED said relief by a vote of three (3) in favor (Williams, Madden and Toole) and two (2) opposed (Waine and Parent) with a vote of four (4) in the affirmative necessary for a grant of relief. A motion was then made and seconded to grant the relief as requested without conditions, whereupon the Board, by a vote of one (1) in favor (Parent) and four (4) opposed (Waine, Williams, Toole and Madden) DENIED the TOWN CLERKSEOFFICE NANT~ ~~`~~~?- nn ~ n?,554 AUG 05 1998 TIppME:~_V:4~ ~ . riSs p ~. CLER~: TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1:00 P.M., FRIDAY, JUNE 12, 1998, in the CONFERENCE ROOM, in the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: EpWARD NOTIS-MCCONARTY, TRUSTEE OF IV & X BROAD STREET REALTY TRUST BOARD OF APPEALS FILE N0. 060-98 Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-18B(2) and (3) (Parking Requirements). Applicant proposes to convert an approximately 95+ square-foot space within an existing building, currently used in conjunction with the Nantucket Bike Shop operation, to a separate retail space. The .new use would require one (1) parking space for the employees .and. Applicant is seeking a waiver of all required parking spaces. In addition,-the Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-20C to waive the loading zone requirement. In the alternative, Applicant asks the Board to make a finding that relief is not necessary based upon the history of the use of said space. Applicant-was denied similar relief in BOA File No. 035-98 and has sought permission for a re-hearing before this Board from the Planning Board pursuant to Nantucket Zoning By-Law §139-30K. The Locus is non-conforming as to lot size, having an area of 3,606+ square feet in a district that requires a minimum lot size of 5,000 square feet; as to .side yard setbacks with the structure being sited less than one (1) foot at its closest points from both the easterly and the westerly side yard lot. lines in a district that requires a minimum of five (5) feet; as to ground cover ratio, having a ratio of 64+% in a district .that allows a maximum of 30% for undersized lots; and as to parking and .loading zone. See also BOA File Nos. 024-92 and 024-98. The Premises is located at 4 BROAD STREET, Assessor's Map 42.4.2, Parcel 65, Land Court Plan 8755-F, Lot 14. The property is zoned Residential-Commercial. _ mil/ J V V ~~ Dale W. Waine, Chairman THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER AL'fFRNATIVE FORMAT'S.. FOR _ ASSISTANCE %ALL _ _.__ __ (.SOS~_ ~~_7215. ----. ~- --- - - BoA Form 1-89 NANTTCO~T~ZDNCOIINTY BUILDINC3PEAL8 Date NANTIICRET, MA 02554 CASE No-~ ~pPLICATION FOR RELIEF ~,~--~:~ EDWARD NOTIS MCCONARTY, TRUSTEE of Owner' s name (s) IV & X BROAD STREET REALTY TRUST c/o Theodore L. Tillotson, P.C. M.,osar}173SerYS 0755/1- rl~n Mai 1 ing address : P 0 Box 1530 Nantucket Same Applicant's name: Mailing address: Same Location of lot: Assessor's map and parcel number 42.2.2-65 Street address : 4 Broad Street Lot 14 Registry Land Ct Plan, I~~~Kx~x~~xC~~~~z~t~ ~~8755-F ~ ~~_ _ Zoning district R-c Date lot ac fired: 6 74 Deed ReBic cle sale and auto & bicycle rentals y MCD?~,_ Uses on lot - commercial: None ,_ orand retail sales - number of: dwellings 0 duplex 0 apartments 0 rental roomsQ C of 0? Building date(s): all pre-8/72? Y or Building Permit appl'n. Nos. N/A Case Nos. all BoA applications, lawsuits: 024-92/024-98/035-98 State fully all zoning relief soughtoundroeoseccomparedetoepresent and subsections, specifically what y P P er Section and what grounds you urge for BoA to make each finding p 139-32A if Variance, 139-30A if a SpSeiallfeapPealaper113933~A x if to alter or extend a nonconforming )• & B _ attach decision or order appealed. OK to attach addendum . Applicant requests special permit in accordance with Section 139-18 (B)(2) & (3) and 139-20(C) to waive one (1) parking space and loading dock for separate retail space of less than 100 sq. ft. RECEIVE D TOWN CLERK'S OFFICE NANT~JC!~~T ~~~ !2554 MAY 2 7 1998 TIME: ~_ ~. CLERK: Items enclosed as part of this Application: orderl addendum2 Locus map x Site plan x showing present x +planne~ structures ro osed elevations (HDC approved?_) Floor plans present x P P ~.x- arkin data Listings lot area, fro a setbacks x GCR P g ~- Assessor-ce 'ed addressee fist 4 sets x ma~ling labels 2 sets roof cap covenant 5200 fee ayable to Town of N ntucket x P l(If an peal, sk own Cler to senT Bldg Comr s record to BoA.) I certify at complete and penalties of p SIGNATURE: /re sted 'n rmation submitted is substantially to bes q~j)my knowledge, under the pains and u licant Attorney/agent x T eodore L. Tillotson 3(If not o er or owner's attorney, enclose proof of authority) FOR BoA OFFICE USE Application copies recd: 4,~ or for BoA on~~~~ by com lete?~ one copy filed with Town Clerk o ~~ by P ' din De t ~ ~~~ by One copy each to Planning Bd and Buil g P .-~ 27 9~ b~/~~ waived? $200 fee check given Town Treasurer on_~,~,_ q' o~~ C~~ Hearin notice posted~~g~ mailed~~~ ~~ I & M,J~ ~ ;D, ~~1~N g Hearing (s) on~~_ cont.' d to~~._~ ~_./-. withdrawn?~~_. f filed TC _/_, mailed_/~_ Decision due by,~~_ made~~__ --~ lawsuits other See related cases ~o~~~s cussi~c~nox: Rc MIN. ~~ . , .5000 SF , . . MIN. FRONTAGE:..4Q, ..... . FRONT YARD S.B.:. ~ , ..... . REAR do SIDE S.B.:. ,~ .. . GROUND COVER (X): 50%... . ~~ 42.64 EXISTING: 3606 SFf 'SEE ' FLAN ,24~1'~~t (67.4%) 82•QS~Se,N~ce E~ec~r~c #2 66 ~4 F 2 S~pR~ E F~ #6 4 2,64 42'~F N ~A ,~ p~NG RpBER~ 24~~ S, . w~ ~\ 42.4.2 N~ FEE JC NENR~Rp, G FEE SPI`1 \`i ~~ S~~~k°de F erce '~ 65 ~oF ~ ~ ~ p' ~ ~ 42.4.26, ~~~N 4 , / / ~ 2~ ,Q r I.~o v, N,S p\NES c Ruw ~ ~ ,69 ~ S-~~RG .~R~S~ Na 330300 4 42,4.2 G READ 9EC TE ~~ ~' `~ pvN ~o u~ Rpg~R-~ p,. v - 3/~71'Y~ ORIGINAL SIGNED AND STAMPED COPIES OF THIS PLAN MAY BE PHOTOCOPIED BY THE BOARD OF APPEALS OR THE NANTUCKET COUNTY REGISTRY OF DEEDS FOR RECORDING PURPOSES. IN CJSES OF DISCREPANCIES REGARDING INFORMATION CONTAINED HEREON AND UNAUTHORIZED PHOTOCOPIES OF THIS PLAN, ONLY ORIGINALLY STAMPED AND ENDORSEDED COPIES SHALL t3E ACKNOWLEDGED BY THE CERT1F11NG LAND SURVEYOR. THIS PLOT PIAN WAS PREPARED TO ACCOMPANY AN APPLICATION TO THE NANTUCKET BOARD OF APPEALS AND IS NOT TO BE CONSIDERED A FULL WSTRUMENT SURVEY. THIS PLAN SHOULD NOT BE USED TO ESTABLISH PROPERTY LINES. FENCES, HEDGES OR ANY ANCILLARY STRUCTURES ON Tri~ PREMISES. THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS a*ID PL4NS OF RECORD. Plot Plan `to Accompany Eoard of Appeals Application in Nantucket, .~assachusetts SCALE: ~ "=15' DATE: 3-17 - 9 8 owner. EDWARD NOT1S-McCONARTY Trustee 4 & 10 BROAD STREET REALTY TRUST Deed/Cert.: ,15,076 Phan. L.C.C. 8755-F 42.4.2-65 ~ L'0'f ' 1'4' Tax Map:...... Locus:4 .~ROAp. ST.. ~xt, THIS PLOT PIAN lS NOT A CERTIFlCATION AS TO 'fU THE TffLE OR OWNERSHIP OF THE PROPERTY SHOWN. OWNERS GF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT TOWN OF NANTUCY,k7 ASSESSOR RECORDS. THIS PUW MAY NOT BE USED FOR ANY OTHER PURPGSE THAN RS INTENDED USE NOTED ABOVE. ©Black~rell do Associotea Inc. FBK.: BLACK1fELL & ASSOCIATES, Inc. Pl"OfBSSW!'if~ 1,Wtd $1pV~JOTS 6 Young's iPay Nacn~ucket, 1~assachusetfs 02554 ggp (508) 228-90,26 B- 5083 ` MAP 42.4.2 PARC~ 65 .• _ ~o _ / _ , ~ ~(~ i ST i / i i ~4 // // ~ ~ Y ~~ ~ 1 ~~ • r a r - • ~.f .s d M'~~`K f< - `~ ~ ~M~~'Mt~~ts ~ ~e~ t ,lMf ~I s .~_ Y iM O < . S ~'+~ A ~~ ~ ~ 1 ' -~'t SS A~Et ~ If ~~ Y ~ ~ ~ ~: ~ ~ ~; .. r~ i. ZO 0 0 O \0 ~ .~`~ ~ `` Y i= `~ ' Y r r r r~ ~+ " ~, 'r M ~t a Q(~ ~ 'f `~1A- \~\Y y.. r~ to zs ro ~ jY' > ~°` +' s ~' ~ t ~ alp ~ ~ s• - ~ tf st st~~Et w z~ ~r ~' ~ b~ » ~tuct ~ ~ ~l'c)~~~ i~ ~l.»cl L'c)ti Ilt'~' c)f ® W SCHOFIELD BROTHERS, INC. ~~ z 0 K~ U rRO1ESSIONAI ENCINEERf • REGIfTER[O IAKO fYRVfY011f ~ p ~N FEDERAL fT., KAKTYCKCT, MAff. O Z ® ~ ~ ~ ILLJJJ a ~• 'litl- ~ItLt~tiiL('llllti' _..~•,..~,:,: ,_`SN [I 4~1 ~>: S<.~. '1. ~p01 ,'K J law '1..001 ~ y,. . rr <w.~ 111 ~ ~ ~ ~ v M M , , < MI~..< k.M ~~'~ ~: ~ N Y.I.Y Law ... ^Y-. ~ .~ •„• ~ \S~~ fC~ ,..~ f~ W t f ~t KUF15 I tK5 h H;. ~U~~"-ti~b-UyyS George W. Jot»B ~ Suc~veyor • Je~r~uarr - 1960 ~ ,-f~ ~(.R•v t Fgsr .it .~ s r~ '' ~, ~, °' ~~ .. ~~ ya P ~ ,~ a N~ zd ~ ~, Q rHut kJ 1 ~ lP~~. ~ ~ //. W- K {>~ u~ 4 BROAD STREET, NANTUCKET PARKING SCHEDULE 1ST FLOOR "RETAIL" 95 sq.ft. 1 emp. NANTUCKET BIKE SHOP 325 sq.ft. retail 1650 sq. ft. storage MAINE ROASTERS COFFEE 100 sq. ft. retail 150 sq. ft. storage lavatory 2 employees 1 take-out 2ND FLOOR NANTUCKET BIKE SHOP 1516 sq. ft. storage 324 sq. ft. office 3RD FLOOR NANTUCKET BIKE SHOP 1516 sq. ft. storage TOTAL USES SQUARE FOOT RETAIL 520 sq. ft. 3 spaces STORAGE 4832 sq. ft. 5 spaces OFFICE 324 sq. ft. 2 spaces EMPLOYEES 10 3 spaces TAKE OUT 1 S spaces 18 spaces HUNTER\mrcpvtc J L F~ L m 1.[1 ~, ~' - -~ U ~~; ~~ ~z ,~ , z' ~i I I ~, i ~-. , ~' ~~~ m ~ ~;x~ ~ Z~~> ~-~-3 8 ~ ~ ~ ~~ ~~ Ste- JI',~ ~. BoA Form -~ ~ _ l ~ U / ~~O NANTUCKET ZONING BOARD OF APPEALS TOWN.AND COUNTY BUILDING / NANTUCKET, MA 02554 2-89 ASSESSORS LIST OF PARTIES IN T_NTEREST J //~~ ~o n PROPERTY OWNER: ~ll~ (,Q - APPLICANT FOR RELIEF (SAME? ) ~~ S~ - ADDRESS OF PROPERTY: ~ ~l~~a S l ASSESSORS MAP & PARCEL : ! ~ ~~ "' lJc~S LIST OF PARTIES INCLUDING ADDRESSES*(OR SEE ATTACHED I certify that the foregoing (or the attached-) lists all persons natural or legal, who are owners of abutting property owners of land directly opposite cn any public or private street or way; and abutters of 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 tax list {per M.G.L. c. 40A, Section 11 Zoning Code Chapter 139, Section 139-29D (2)}- a~ 98 ~~ -T Assessors Office Date Town of Nantucket NOTE: Applicant (petitioner) should include with the lot for which zoning relief is sought, any com-nonly-owned abutting lots which :airht become involved in the zoning natter. List :^ap and parcels feY ea c?: abutter. 01/21/53 TOWN OF NANTUCKET 14:46:39 OWNER'S MAILING ADDRESS LIST lap Block Lot Owner's/Co-owner's Name Mailing Address/City State Zip Property Location :242 0062 MCCONARTY EDWARD NOTIS TR 0004 BROAD ST 0010 BROAD ST C/0 CAMERON WILLIAM NANTUCKET MA 02554 ;242 0063 GLIDDEN WALTER D JR ETAL 0041 LIBERTY ST 0008 BROAD ST NANTUCKET MA 02554 ;242 0064 YOUNG ROBERT A PO BOX 1229 0006 BROAD ST C/0 HARVEY A YOUNG ENTPR I NC NANTUCKET MA 02554 4242 0066 FEE HENRY W JR & SANDRA G PO BOX 1077 0002 BROAD ST NANTUCKET MA 02554 4242 0067 YOUNG ROGER A & CYNTHIA N PO BOX 1229 0028 EASY ST NANTUCKET MA 02554 x.242 0070 TEIXEIRA MARIO TR 0035 MAIN ST 0010 S BEACH ST EXT HARBORVIEW SHOPKEEPERS NANTUCKET MA 02554 4242 0027 TEIXEIRA MARIO TR 0035 MAIN ST 0012 OAK ST HARBORVIEW SHOPKEEPERS NANTUCKET MA 02554 4242 0023 DALE KEVIN F TRUSTEE PO BOX 659 0026 EASY ST TROGOH NOMINEE TRUST NANTUCKET MA 02554 4242 0020 INGALL FLORENCE PO BOX 1222 0021 EASY ST C/0 CLIFFORD MRS F NANTUCKET MA 02554 4242 0018 ARNO JOSEPH V PO BOX 1319 0027 EASY ST NANTUCKET MA 02554 4242 0017 JUDSON J RICHARD & CAROLYN PO BOX 368 0029 EASY ST FRENCH TRUSTEES ETNA NH 03750 4242 0016 ARNO JOSEPH V PO BOX 1319 0031 EASY ST NANTUCKET MA 02554 4242 0015 WOODS HOLE MARTHAS VINEYARD & PO BOX 284 0003 STEAMBOAT WF NANTUCKET STEAMSHIP AUTH WOODS HOLE MA 02543 4242 0014 ~OODS HOLE MARTHAS VINEYARD & 0001 STEAMBOAT WHARF 0001 STEAMBOAT WF NANTUCKET STEAMSHIP AUTH NANTUCKET MA 02554 4242 0013 ~OODS HOLE MARTHAS VINEYARD & BOX 276 0027 STEAMBOAT WF NANTUCKET STEAMSHIP AUTH NANTUCKET MA 02554 4242 0012 NANTUCKET YACHT CLUB PO BOX 667 0001 S BEACH ST NANTUCKET MA 02554 4242 0101 *NANTUCKET TOWN OF 0016 BROAD ST 0001 STEAMBOAT WF NANTUCKET MA 02554 4242 0028 TEASDALE ANN R PO BOX 157 0019 S WATER ST TIMMS NIGEL JOHN NANTUCKET MA 02554 4242 0102 JOHN B ARNO INC 0007 NORTH BEACH ST 0021 S WATER ST NANTUCKET MA 02554 4242 0073 OSLEY PHILIP A & RUTH E 0012 BROAD ST 0023 S WATER ST NANTUCKET MA 02554 4242 00292 ~IJANTUCKET TOWN OF 0016 BROAD ST 0020 S WATER ST NANTUCKET MA 02554 4242 0030 *NANTUCKET TOWN OF 0016 BROAD ST 0016 BROAD ST NANTUCKET MA 02554 4242 0060 *VAUGHAN EDWARD FOLEY & HOLLAND 15 FAIR ST 0002 S BEACH ST SANDRA NANTUCKET MA 02554 4242 0061 NANTUCKET HISTORICAL ASSN PO BOX 1016 0015 BROAD ST NANTUCKET MA 02554 4242 0071 IDDEN WALTER D JR ETAL 0041 LIBERTY ST 0008 BROAD ST NANTUCKET MA 02554 4242 0072 GLIDDEN WALTER JR ETAL 0041 LIBERTY ST 0008 BROAD ST NANTUCKET MA 02554 PAGE 1 MUAS750 8.5 01/21/`:8 TOWN Or NANTUCKET 14:46:39 OWNER'S MAILING ADDRESS LIST Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip 4231 00112 DREAMLAND THEATRE INC PO BOX 547 NANTUCKET MA 02554 4231 00111 ~AMLAND THEATRE INC PO BOX 547 NANTUCKET MA 02554 4231 00102 KATSAPETSES THOMAS N TR 0146 THURLOW ST THOMAS N TRUST GEORGETOWN MA 01833 4231 0012 WINTHROP NANTUCKET 2 REALTY TR po box 359 C/0 SHERBURNE ASSOCIATES NANTUCKET MA 02554 4231 0076 HESS WALTER R TR PO BOX 359 SHERBURNE ASSOCIATES R T NANTUCKET MA 02554 4231 0013 KILLEN ANN S TR PO BOX 1166 LOBSTER POT NOMINEE TRUST NANTUCKET MA 02554 4231 0078 KILLEN PAUL BRUCE & 0036 CLIFF RD LOTHIAN D K TRS ETAL NANTUCKET MA 02554 IUMBER OF RECORDS = 33 r ~~ Property Location 0018 EASY ST 0017 S WATER ST 0008 OAK ST 0015 S WATER ST 0011 S WATER ST 0014 EASY ST 0010 EASY ST PAGE 2 MUAS750 8.5 30 TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NAN'I~[JCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 NOTICE PLEASE BE ADVISED: AS THE MEETING IS SCHEDIILED 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: EDWARD NOTIS-MCCONARTY, TRUSTEE OF IV & X BROAD STREET REALTY TRUST BOARD OF APPEALS FILE N0. 035-98 Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-18B(2) and (3) (Parking Requirements). Applicant proposes to convert an approximately 95+ square-foot space within an existing building, currently used in conjunction with the Nantucket Bike Shop operation, to a separate retail space. The new use would require one (1) parking space for the employees and Applicant is seeking a waiver of all required parking spaces. In addition, the Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-20C to waive the loading zone requirement. the Locus is non-conforming as to lot size, having an area of 3,606+ square feet in a district that requires a minimum lot size of 5,000 square feet; as to side yard setbacks with the structure being sited less than one (1) foot at its closest points from both the easterly and the westerly side yard lot lines in a district that requires a minimum of five (5) feet; as to ground cover ratio, having a ratio of 64+% in a district that allows a maximum of 30% for undersized lots; and as to parking a loading zone. See also BOA File Nos. 024-92 and 024-98. The Premises is located at 4 BROAD STREET, Assessor's Map 42.4.2, Parcel 65, Land Court Plan 8755-F, Lot 14. The property is zoned Residential-Commercial. ~! Dale W. Waine, Chairman May 8, 1998 Zoning Board of Appeals 37 Washington Street Nantucket, MA 02554 Re: 4 Broad Street Dear Sir or Madam: I, the undersigned William Cameron, state under oath as follows: 1. The property at 4 Broad Street on Nantucket stands in the name of The 4 and 10 Broad Street Realty Trust. I serve as manager of the property. I have personal knowledge of the facts stated herein. 2. The parcel known as 4-C Broad Street is a small space of less than 100 square feet. That space has been used for retail operations since prior to 1972. The space was separately rented and the operations in 4-C were run independently of those in the neighboring part of the building. In fact, until the early 1980's there wasn't even a door between 4-C and the rest of the building. 3. From prior to 1972 through 1976, the parcel 4-C was occupied by Aldens Rental Car, whereas the rest of the building was a bike rental business. 214720 Zoning Board of Appeals May 8, 1998 Page 2 4. From 1976 to 1979, I rented 4 Broad Street. I operated a bike rental business in part of the building, but separately operated a car rental business in 4-C. 5. From 1979-1981, a company called "Olga's Cookies" sold baked goods from 4-C. Attached as "A" is a statement by Olga Depranos verifying this use. Olga's Cookies used only the 100 square feet contained in 4-C and operated a food operation, wholly separate from the bike shop next door. 6. From 1982-1985, a beach accessory store operated in 4- C. The shop sold sunglasses, film, etc. The shop was operated by Wayne Mosher, and had nothing to do with bike rentals. Attached as "B" is a statement from Mr. Mosher. 7. During the 1986 season, 4-C was used as a sales office for Brant Point Courtyard which marketed time-share interests. 8. From 1987-1989, parcel 4-C was rented to Anne Teasdale. Ms. Teasdale operated a company called "Annie's Little Tees." This operation should not be confused with "Annie & the Tees," which operated in parcel 4-A. Attached as "C" are materials documenting this retail use of 4-C as follows: a. Affidavit of Nigel J. Timms, President Annie & the Tees, Inc. b. Copy of "Annie's Little Tees" sign approved by Historic District Commission c. Historic District Commission Sign for Annie's Little Tees d. Picture of 4 Broad Street showing Annie & the the Tees in Parcel 4-C e. Picture & Historic District Commission Application showing Annie & the Tees at 4-C. Zoning Board of Appeals May 8, 1998 Page 3 9. In 1990, the parcel selling candy, soda, film, sup by Louis A. Lefter. Attached application to the Historical of a sign for his store known Included with the application the store was to operate. at 4-C was rented for a store zglasses, etc. The store was run as "D" is a copy of Mr. Lefter's District Commission for approval as "Something for Everyone." is a picture of parcel 4-C where 10. From 1991-1998 a retail car rental operation was run out of 4-C. The tenant was Nantucket Car rental, a joint venture of Cranberry Chevrolet in Wareham and Resort Transportation, Inc. This operation paid a retail tax on every transaction. Cranberry Chevrolet had no interest in or involvement with the bike rental business next door. Attached as "E" is a sworn statement by Paul J. Werner, owner of Cranberry Chevrolet. 11. At present, a lease has been signed with a tenant who plans to sell gourmet Italian ice and packaged candy. This operation, like Olga's, is a retail food operation. Like all the above uses, the present intended use is separate from the bike shop, and is a retail use (allowed in this district). 12. We have never had a loading dock or separate parking space for parcel 4-C. 13. In my view, the present intended retail use without a loading dock or a parking space is grandfathered because the use precedes August 1972. However, at the suggestion of the town, and simply in a spirit of cooperation, I have applied for a waiver of the parking space requirement and a Special Permit to waive the loading dock requirement. By requesting this relief, I do not admit that such relief is needed for the present intended use. Zoning Board of Appeals May 8, 1998 Page 4 14. Clearly the present intended use is no more burdensome than the use made of 4-C over the past 26 years. Any impact will be imperceptible, as the Planning Board has determined. S'gned under the pains and penalties of perjury this ~'~ day of May, 1998. illiam Cameron COMMONWEALTH OF MASSACHUSETTS Then personally appeared the above-named William Cameron and acknowledged the foregoing to be true and accurate to the best of his knowledge and belief, before me No ary Public My Commission Expires : Linda M. Davis NOTARY PUBLIC My Commission Fxpkes February 14,2003 ANNE & THE TEES, INC. P.O. Box 157, Nantucket, MA 02554 508-228-5505 • FAX 508-228-5529 /Zg/9g ~0 ~ G~i+ r~ iZ~'~%wf CB1it CL-Yv~ , _~~ ~ ~ .~/c / ref ova ~~~~~o( ~~ ~Q~' ~~ s~ ~~~~ ~ ~~ ~ ~`~ ~ w~ ~ _~ i~ 5~,~ ~~c. ~~~~ -~~ lam D~ / t~ ~~~f~ ~ c a ~il~J ! ~'~ ,~ / ~~~ ~,~~,~ ~~~ ~ sC /yg ~%~e p~roX ~~ l ~ ~ ~iril is < U,~ /`QQQ T~~ ~~p`te 2 ~~ ~~~ ~ ~ ~~ --~ .~~ -~ ~ ~ ~ ~ ~ ,/ zv-e , o(GLv r 'l c L-~~ ~d~~~j ~~~~ ~~ ~ ~~~~,~_ ~j/~~ / ~j C G ~- EXHIBIT .~ ~,' ,~ _~ _. ~~/ ~ i ~, n (`~ - ~ it j~ ~, I. ~~ , - ,- G,_. . ~, ~ 'I -_; 1 / ;~ <- ~' 1 1/ I a ~., ,. ;~ __ __ _ ,~ I 11 I I ~~, ~` ,\ --- -- ~) ~,. ~~ ~~~ - - - i~ ~= ,,, .~ ~~ ~L-- _ ~ :~ n - ----- I ~- ---- ,1 (' ~ \~. ! ~---. ~._ ~ _~ / ~ ~` -__. _'-~ // 1 \ ~ " -~ i /;~ ~~ :. ~. Q lU` / (I J ,. f~ '' -- --_ -- °~ ~ -- ~~~ ~ ---- ;.~ L_ __ ,' -- -- ``L l - -- _ __~ ~ i 1 ~ \ L, ~~ ,~ <~ ~,~ / ,~ .. ~ i ~ %, ~~ / /~ \ , _...i '--- ~ APPLICATION TO HISTORIC DISTRICT COMAfI5510N Nantucket, Massachusetts for CERTIFICATE OF APPROPRIATENESS ~_"~ ~ .~ ~~ r t fur Erection or Display o! a ~ ~ ` SIGN Application is hereby made for the issu:mce of a Certificate of Appropriateness under Section 7 of Chapter 795, Acts and 1 solves of Massachusetts, 1970, Cor erexa ion or display oC en occupational or other sign as described below sad on drawin and photographs accompanying this applkatIion. OWNER Fyn ~t~C/d C DATE~y~ f HOME ADDRESS 1~(,L- 1 (-,C(~(R. /`l~nf-l~C~~~ M~ _ 1 TELEPHONE NO. - Q LOCATION OF SIGN ~ S~, NAh1G OF bUSIN ESS O~Q_I~ TQQ$ DESIGNER/BUILDER a+'H$~ f YI~ TELEPHONE NO. ZJ~B ( •JZ~' ~ ~ ~ BUILDING OWNER ~U~Q~N -(Algy ~ /L{p~~(/ - t / ~ TELEPHONE NO. Z UTJ - ~ Ct~(GI _ (if different then business owner) / . A. T`I PE OF SIGN B. MATERIAL 1. ^ Wall Sign 5. ^ Window Sign 1. ,~ Wood (not plywood) 7. ^ Other (Sped 2. ~ Projecting Sign 6. ^ Awning Sign 2. ^ Metal 7. ^ Directory Sign 7. ^ Other (Specify) C. EDGING DETAILS 4. ^ Freestanding Sign 1. ^ Edgebanding 3. ^ Beveled D. LETTER TV PE 2. ~' Moulding 4. ^ Other (Sped 1. ^ Applied 7. ^ lucised 2, aimed 9. ^ Carved E. LETTER STYLElS) ~ Include a scaled drawing of th e lettering style(s) at F. FINIS it will appear on [he alga. 1. le ter g e. ^ gold leaf G. COLOR(S) b. ,~ paint 1. lettering 2. g un e. ~ paint 2. ground t b. ^ send paint 3. edgcbanding I ~ 3:ed b i ding a. ~ paint 4. moulding (rlJ ~- - b. ^ other (specify) 4. m Id' tg a. ~ paint H. WORDING ON SIGN ^ nn r;'e ~s b. ^ other (specify) ] .'I 1~ n ~ o S . I. SIZE OF SIGN I I , I ' J. SHAPE OF SIGN ~,L{(/[(A'~ K. LOCATION OF SIGN ON BUILDING L. TYPE OF SUPPORT MATERIALS (include drawing or photograph if decorative brackets M. TYPE OF LIGHTING (if any) AND ITS LOCATION PLEASE NOTE: "this ;q~plicalinn will not be considered complete without the followititWQ/1. if~l~~ppj~tti(~ynr s d ruwinK of the anti rc bwlding facade on wMch the ai gn will be located. Pf4fAcnit'wi~i~C t ry prop~~sed siy:n (in duplicate) accurately showing the layout of the sign. 7.p t ~ r s~s. .\1.1, lVOltk APPROVED UNDER '1'IIIS Ctat 1'IF ICATG MUST BE COMPLF.TL•'D WITHIN I'L AION TITS FROM DA 'ISSUANCE ~ «7 - --_ _ Si rc o w o Recor ti Received by H.D.C. ( Date APPROVE OCfic iul DISH PPRO VICD ~~~"~ ~ ~~.~~ Sc3M~as afftar-~v\- • ~ ~_ ~ ~ ~ ~ ~ G ~ ~ d ~~ ~ ~ ~l ~ t G O ~, ~' N ~~ i c ~ ~ ~q . ~ z ~ ~. Z ~~ ~ ~~ ~ ~ ~ c ~ ~ ~l z ,~ n z ~ ,~ p- ~ ~ ~ r ` ~' V ~ ny~` ('^vV i G ~ '~ n ~ ~~ r ~ ~ ~ o . ~' ~ I ~. ~. (d ~ ~ r Z ~ ~ ~ ~/ s ~ ~ ~' -~ ~- "nfl' r.;- S ~ . ~ Date Issued. ~/ /a,~~7 Certificate No ~ -'r- t s.~ APPLICATION T03H IC, f IS T COMMISSION:, , r ,, _ ,. , Nantucket, Massachusetts for ±~i r ~ nr y.. +r ~, _, CERT,~Ft ~1y~'E~~~PP~O~P~I~,'1• NESS -~- *• , ~'~ ' for~r~ction or Display ofi a '` ~'a ~ ~' }'" ~~'~ a } ~, ~, ~ c#~y3~~.~yr ~ ~i±{S1G°N ,.#Odl Lt#~~s ~ f Applicatiox~gxeby made for the issuance of~a ~ertifica~gLo~~ppropriateness under Section 7'of Chapter 395, Acts and Re- solves of Massachusetts, 1970, for erection or display of an oc upational or other sign. as described below snd on drawings, and ph~togf~p~i~ ccompanying this application.. , - OWNER. ~ ~~Tf' ~ ~ "~ T n, S C~ Et `~ DATE ~: .. .: .• ~ ~ H ,, HOM.{E. ADDRESS t `~'~" ,' `~ TELEP ON NO. O ~ S~- a ~~ X bK '' °w0 L~ / '-'.I F !tom -~.~ t~ v ~ t j ~ ~,y~Sy11~~18 SY M~.- t - DESI NERs~fyB~yUIL'39 ~'• .. : g;7 fr,:. ~ tt p~~ '. . BU~LDINT(3 O.Wl~fi>;R •-' o+x ~ c ;"~ ~~ 1t~t_~b £3'= ~, e s As TYPE iOF 51GN '~;~ ~Tff? ~~~ Ci'?`t~~j~ "'f~~~~~~~~ ` : ~"~~ ^~~~ ~' 7°tx~i '- ~,~ t { ~ , ~ «. x ~ pp, , ~ r 3 ^ Other: (Specify) ,, ~.R''~-~~;;,'~,all.Sl,~wn~,j~,~.t{f~}°~.~~~~L~~i i~-a_ ~#~'~3. -. ~~~7~}^~~~~~ 3..~"~ - 2. ~ Projecting Sign 6 ~~ Awning Sign i 2 ~~ Metal . ~ 3 ~ ^ ~~irectory,~ Sign`. F., -r ~c,,~~~- 7 ~, ~. r O her ~ r ~~~~: '~~Y~ ~$~+~ c ~r '`.~ ' . , -. _ r, P Y''~• 4. ~ ,Frees~in 3'~gn O ptlQ s ~'~T ~ ,.,. ~;'~" , e'$'~n~'~~i~~'-E~• ~ Beveled. . ~' 9d .a1~ ~~ _r ~1~3? ~`~ ~'~~~ ~d ;~~ r~ Other (specify) - D. LETTER.TYP 6 ~ F. i r ~~ £;!t'Y rt r, F rv•~~ .. a -~ t. r. s.u ~ (,. 1 II~App ~ ~~~ '.y~# I~~iIf stt~ Ot.,b9'**~'~.~~U~-=:i~. i~aX~B x'~~ii~Vs ,B~E.~I ~ P~ 2: ~--~a~n ea~~R*ts 98 f3 ~#cD:3~e~~.~dl~f;~ ~~rx~ 03~~ ~§TtYls~ :`r ~ ~ ~-, ; ~ ~ ~: ~ ~ ~, ,. ..,--- ~ ~_. ~cYade a sca ed _ rawut - ~e lettermg_ style(s) as ~.f - ""F FIT , ~' ,- ,~ ~~" ~ , ~~ _7~r '~ ~ --- . f ~t will fZPPear ari t~ie~P . - r r~~~~ r -~, a 4 `~ ~1~~~~~2r:,~Da~ :A -~:$ -~'.~`:C~L~~B. J'a,.~ ,...~ _ _.__ ~, .~ . _ ... L'"J -',1LC3 ~ .. b -::~ - pain's-- _-- _- _ ~, -.~.. ._,_:3. ~ettermg 2~ grown ygt: , ~ t'~~ ~ ~ - ' (' ~ ~ ~un~ . . i t ` r , I ~, ~Y u~;~ 4ti~mapuldutg ~- (A/`fJ-~~~ ~w . ~a1~Q 1@1G O~J~~51GN ~- -~ ~ - - - - - ~: _ z. ~- ''~3 ~ ' ~:, i SiiApE'WF: S1GN~,~4'a'9/i/~- .- _.21.2 }.+ES C. `'~ ~ .~~1~~-~ ~~?'T'z - .~: .. -._ .... ...-_ r hototgraph if decorative bracl~ets proposed) - ~~,-; T?S ~ ft~ie~3`I(I.rt?9 e 'l[43~: ~~11 ^?o~JSi' ,r 'y~,., .. ~L>~rtfplete>without the foll~ving :`+ 1: ta' ~it~otograph or scaled on which the sign will be located. 2. a_scaled drawing of the ely showing the layout of the sign. 3.peint color samples. ~ ST~BE: COM L T 'WIT.HIN12117 H.S_ FRQM.DATE OF ISSUANCE. T T T ..-,L.l . ~ .y ' W~tXJI~ Si ature of Owner o )tecord - - 2 -~-~ ~ 5 ~ pQ ~..c ~~i o F~. ~ N ~ ~ 1~-0~0 ~, ~ e~~~ R~ ~1 R ~o ~~~ S ~ , ,fir Cranberry Chevrolet t~ldg., Greo, Inc. April 27, 1998 Tv Mhooo !t May Cvnaern, i o~MOSi~e I, Paul J. wesaer, vwasr of Craabarry Chevrolet is Wareham, MA have bean iAVOlved as a pars'ner with Resort Transpo~Ctatioa is a business kaowa as Nantacket Car Rental since 1991. During this time we have rented a email retail apace at 4 Broad Street of about 100 Sq: it.. as our.Retaii Salsa Office. Ws paid a retail sales tax to the Com~oawealth of Massachusetts on every custosser traasactioa. 1997 was the final year o! ary involvement is this business. ?our ly, ~ ~ ..r l~aut J . il~raer President I swear ttl2-t the above affidavit 1s a true statement. ~~~'(!L '.' C ~ .~ ~.~ ~~ ~~~. ~° 7,~~~-- ~ ~-. 167 Maiiom load WareLsm, MA OZ571 FAX (~) Z91~97 I~a00~3~+'~Z EXHIBIT E ELS Language Centers WE TEACH ENGLISH TO THE WORLD 31} Mt. Vernon St. Charlestown, MA 02129 May 4, 1998 To Whom It May Concern: I, Olga Drepanos, of Charlestown, MA rented the small retail space located at 4C Broad Street, Nantucket, MA from William Cameron. The space was approximately 100 sq.ft. and abutted Young's Bicycle Shop, and it was occupied during the years 1979, 1980, 1981. The shop was called "Olga's Cookies" which sold cookies and other baked goods held a common victualer's license and a health inspection notice granted from the town of Nantucket. Yours Truly, I swear at thle above affidavit is a true and accurate statement. VV~, GR E J, Y.8K0 Notary Public My Commission Expires May 21, 2004 c/o Emmanuel College 400 The Fenway Boston, Massachusetts 02115-5798 USA Tel: (617) 731-3600 Fax: (617) 731-3601 EXHIBIT "A" ~ ~ ~ /yam ~"5~"~~ -,~ ~/~ ~~~~~ ~~~~ ~ ~ ~ s~ ~~ ~ ~ ~~ State of Tennessee County of Putnam Sworn to and subscribed and acknowledged before me this 7th day of May, 1998. ti~ Notary My commission expires 11-20-2000 r~~ ~~,. u ., ... Certificate No. ~~-3~ ,- Date Issued ~`~~~"GU-. APPLICA~N ICT COMMISSION .Nantucket, Massachuseats for, _ - ~ CERTIFICATE'OF i4PPROPRIATENESS ` ' ` 'for Erec3ion'.or D!splay of a ~ ~ t ._ . , ~r., q~ _ , Application is hereby made for the issuance of a Certificate o't Appropriateness under Section 7 of Chapter 395, Acfs and Re- solves of A4assachusetts, 1970, for erection or display of an occupational or other sign as described below snd on drawings and photo aphs ~ccompan ing this pplication. OWNER ~8t1 ! S~;f~+/~•= ~.~r--~-~-,<< - DATlr '. r ~ • •r HOME ADDRESS ~•!~, `~CCf3~l~ i~~~!~~C~u~¢~e"''w~~:l I; HSJNE?1~t0 :l`_`t ;!_:: ..'L-tis : LOCATION OF SIGN I~ "•~/'~t~~~. - - `~{ ~ "C'!~~P~F~ `c~ ~t ~ ~ o~ B~1~IN ~~w:~ C~nr ~r~PM~.u DESIGNER/BUILDER, 'yyt-. ~i~l' ~`~."'1!~A ~~"~` ``d1'E`L1;)'HONE~~TD~'?~ "G s"1~3.~C5~~ ~- BUILDING OWNER (`~~Q/y%{~+ •i ~ J )` +. ~ `.~y>QQ~r ,'Fick T `~ t,,{{ ~'~ `:f fflG ":;l.G (if different than 6uTs ess.0~ttei?)/,~ - 1~ 9u:f~Ufii-~Y?i`Ii~iQ n37., x ~~i J~1 .s E ~C rTcz,I~ ~~ZrfYY7C,.! 2L ,~~-'9bT'tr~ O %~? .rt~ `~ .(^ihi~~r~ Jt:C'I .Lj'` A. TYPE OF SIGN ' B A~~RI~~ 1. Wall Si n, 4tL1I~?.,lie':cti ~ £ie' ~'~~ ~s ~$1JL'c'3i r'a~.9~19 Fif°~"Gs ~~~~~`3 i'`f`,, ^ g ;'Sr.. .Win w SI# ~4~~~nt .. __"~o~) ..., ~.. -Other- (S ecif ) yvt ~ ~ ~iyw ^ P Y 2. ~ Projecting Sign ," i6, ^ Awnuig Sign ~ 2. ^ Metal 7~ tt ~ - ~~~f~j ~~t,ivo`xy .I ~l^_ s~~J °t; Ui rt~3Y .. 3.'."[] Directox~~B~gn':?ti`?Itcl .~ p~I~~iri~s~ ~)~f 'C ~f~EAG~NQ~D£T7s~L5S!IJ?`IF~f t ; ~- 4. ^ Freest~i~gjfSignafr ~t~il' ~;.; latll~ ': ul~;~~,~!~~banaingL) i .~3i ^ Beveled X D. LETTER TYPE j( ~ ~~` ~.~` ~~ 'y `' ` E.r '!t;'i 7t3tr e?•i^'1'3`2. < ~ {1+fi3t~$ifi_'g; ~°~~~~~Ut* .I •.<+r 9 ^ Other (Specify) 1. ^ Applied.~l` _~~--"-~j f~3~df0 :-'{nci&et3 -`~?:I~~ 9ti,i Ot `~~'' ~` '~~si .°_ G ~IF:~r' Sl ~>ttitr" , i:`:5~: ~tt ~~' E'sc`. ~i J1•I~yY(~ -tjt.}~.-.. 12Is.:. J +'~'~~~n ~z'.-•~i~~,tit~4' +~ :S~ti:: 2. ~ Painted _.. "' . "`~ 4. `~ ~arvei~ ~' ~. LEER 'S~11! ~(Si - ~ ~ + Include a scaled drawing~f lie=lettering style(s) as;` F. FINISH _ _¢ ~' ~=`t #rill appear on the sign. 1 lettering - a. ^ gold 1 ~ ~~ ~ ;C ~ r ` Oi~~r'_!E~ ~~~'°_`-'~P~ ' r' b. ~ paint g ~ 1. lettering ~~-'~~+~ a ..::1g: 9int :~ 4re=; :) - , f.. :~~`'" ` t ,: _ > Lam., ,Y ~ ~ . ..-r--- . p. .~~~ - t'~~~_.J ~- 2 grourYd ~'b'E b ' ~ 'sand. t .~'dj~ ~r'~tl"'~ 'Ii:EiC: c 7 r Y+ c+,S ' tt~t' _ [(1 ~ ^ ~ fY ~~ y~ 3:":e~gelan~mg 3. eba d' a. ~ paint~~t~p~ ~'OUj.+tf~ yq~,,~ -~ U ~I `~~ ~, h^_~' 4'.' moulding %.,~,- . V ,-: b. ^ other (specil"}~ O ""''ti-. © O' :. ~ :~sc.-4 .;, sf~~'~+~Jc;1HDRD(NCr!ON51#iN.t.iTU i~ :r.~=~ A~ m~}ald' g a 81 painttt - ~.4typt - p~- -F ' Z j ~,y j-c~ -Y Y~ -~ - . ...: . ,,^ y- ther (-Specify t., _ (~j~ : L ~~ !~!r t ~ ' ~r 1~0~ IIB! i `) I_; "'?SJ `=?r`1;3°-~; O s IVY ~ ~ • ~...~ij S/_ 17`'~~ F 1~~ ~ +~I .;rJ a:,~ ~ lS. . ~. x 'SJ~1 . L ~ .. ~ ~~-`---~- ~ ~ ;~.,~D: d . S`~!-IAPE OF. SIGJIJ .. ./4~U~ OF-SIGN ON BUILDING .-.~n w(fi r--t.l f_ ~ ~' 1~ ~61 tr't ~~-r~r~FL~ rfC~:~ n1 L~ . L. TYPE OF SUPPORT~1vtATERIA'L':S(Intlude~diawingorpHcStti ,_,. ~.,~ t RtIE' AO~~ f£•~~ ST ;. ~ AtV G 1 ., :!„ 4: ~ ,,.,:) r+t~ `? +1 1'•!'> ~:SS.i'i0:~.}i.'. _ _ _. iTl•19Ci M. TYPE OF LIGHTING (if any)"AN'D`r~TS'L"OCAT10 ~oratfvd tiiae'k~tsiprop~sed) ' V'~`':~3 ..`t`i: i1i'J`IOVd . _. PLEASE NOTE: -This application•wili not be considered complete without the following: 1 a photyograph or scaled dra~~~ing of the entire building facade on which the sign will be located. 2. ~a sealed drawing of the proposed sign (in duplicate) accurately showing the layout of the sign. 3. paint color samples. ALL WORK APPROVED UNDER.THIS CERTIFICATE ,MUST BE COMPLETED WITHIN 12a110N~'HS,kjtOh1 D TE OF ISSUANCE. r ~.~~` ` , ~g}l~+tur$-pf, rites of Recor~c .~;, ., Received by H.D.C. Date Official APPROVED DISAPPROVED EXHIBIT D . . __ ___ ;.; ----- .,;~ - ,~, ~~ ,.: 6 .~ _ . ._. aj, ,_ _ _ , , - _ _ {, .~ . Zy ~, -~i3 __ - - -- - - . l `l _ ~ ~ ,,,. F ~ ~ _ i s.~ ~• ~ .:.. _ _ rn ---- ---N -- _ _ .~ ~... _.- -- - ---- - -__ . --- _ _ ~' ~ : F .s _ - '~' i tii' I I _.:_ ~_ ` _ 4,. ..~ - _ _ - --- -- - _ :. _ ~ . _. _.. 1 .> ._ _ i ~ _ _ _, _~' _ 'yt t ' l [~, .. ~ -. ~ W ..: v ...,. ~, ~ -- ___ - ~. ,!t ~ ~ L, , - _~~ ! k ~ ~ ~ - fi~ ~ ~ _ ~~ a ~ ~- ___~;- a ~ ~ .~;~ d ~~ ~~ ~ ~ ~ ~ ~ _. ~~~o ~~ ~, _ ~ M~ c~_ ~t, ~~ Y P a~ N ~ R ~. 1- Ore r `j' I , (?~ ~ -1 -L ~ ~y d' emi -, !~ ~ ~ ~ ~ficat~ om Four lu ~~k , 1 ~-~ ~`-'. ~ ~ ~ f 11 ~'ov~ a ~it~t filed ~ ~ vt ~ t'7 ~ d ~~ ~_ COMMONWEALTH OF MASSACHUSETTS NANTUCKET, ss. DEPARTMENT OF THE LAND COURT N0. ZAC-250392 EDWARD NOTIS-McCONARTY, TRUSTEE OF IV & X BROAD STREET REALTY TRUST, Plaintiff vs. DALE W. WAINE, LINDA F. WILLIAMS, D. NEIL PARENT, TIMOTHY MADDEN and EDWARD TOOLE, AS THEY ARE MEMBERS OF THE TOWN OF NANTUCKET ZONING BOARD OF APPEALS, Defendants RECEIVED TOWN CLERK'S OFFICE NANTIJC~FT, nnn, 02554 AU G 2 5 1998 TIME: CLERK: ~ ~ , ~' A~ NOTICE TO TOWN CLERK PURSUANT TO G.L. c.40A, §17 I, Diane C. Tillotson, Esq., attorney for the Plaintiff, Edward Notis-McConarty, Trustee of IV & X Broad Street Realty Trust, hereby provide notice that the Plaintiff, this 24th day of August, 1998, has appealed the decision of the Town of Nantucket Zoning Board of Appeals dated August 5, 1998 and filed with the Town Clerk on August 5, 1998 an Application No. 060-98. Said decision denies relief to the applicant relative to property known and numbered 4 Broad Street, Nantucket, MA, Assessor's Map 42.4.2, Parcel 65. 221141 A copy of the complaint is attached hereto pursuant to G.L. c.40A, §17. Respectfully submitted, EDWARD NOTIS-McCONARTY, TRUSTEE OF IV & X BROAD STREET REALTY TRUST By his Attorneys, i (~Nl-~ Dated: August 24, 1998 DIANE C. TILLOTSON BBO #498400 HEMENWAY & BARNES 60 State Street Boston, MA 02109 (617) 227-7940 - 2 - Zziiai CCMMCNWEALTH CF A4ASSACHUSETTS NANTUCKET, ss. EDWARD NOTIS-McCONARTY, TRUSTEE OF IV & X BROAD STREET REALTY TRUST, Plaintiff VS. DALE W. WAINE, LINDA F. WILLIAMS, D. NEIL PARENT, TIMOTHY MADDEN and EDWARD TCOLE, AS THEY ARE MEMBERS OF THE TOWN OF NANTUCKET ZONING BOAP.D OF APPEALS, Defendants DEPARTMENT OF THE LP.ND COURT N0. ZAC-250392 COMPLAINT PURSUANT TO M.G.L. c.40A, §17 INTRODUCTION 1. In this action, Edward Notis-McConarty, Trustee of IV and X Broad Street Realty Trust ("the Trust" or "the Plaintiff") pursuant to M.G.L. c.40A, §17, appeals from a purported decision of the Zoning Board of Appeals of the Town of Nantucket ("the Board") dated August 5, 1998 wherein the Board purports to deny Plaintiff's application for a special permit or, alternatively, refuses to determine that no special permit is needed, relative to Plaintiff's proposal to convert one permitted use of a 221125 commercial space of approximately 98 square feet at 4 Broad Street in Nantucket to another permitted commercial use. Both the lot and the building are non-conforming and it is Plaintiff's contention, both here and before the Board, that no special permit is required under the Nantucket Zoning By-law. In the alternative, if a special permit is required, it is Plaintiff's contention that the Board's action in denying such relief was arbitrary and capricious. Plaintiff also urges this Court to find that the decision rendered by the Board is facially invalid as it fails to appropriately record the votes taken by the Board on the relief requested and that it fails to state reasons as required by M.G.L. c.40A, §9. In addition, the Board's decision was not filed within the fourteen day time period of the date of the vote as required by G.L. c.40A, §9. Finally, Plaintiff urges this Court to determine that the vote of certain individual Board members was made in bad faith and to award the Plaintiff damages and reasonable attorney's fees incurred as a result of the Board's action. JURISDICTION 2. This Court has jurisdiction over this matter pursuant to M.G.L. c.40A, §17. - 2 - 221125 PARTIES 3. The Trust is a Massachusetts nominee trust with a business address of c/o Hemenway & Barnes, 60 State Street, Boston, MA, 02109. 4. Defendant Board is the special permit granting authority for the Town of Nantucket with an address of 37 Washington Street, Nantucket, MA, 02554. 5. Defendant Waine is a member of the Board and resides at 11 Bishops Rise, Nantucket, M.A, 02554. 6. Defendant Toole is a member of the Board and resides at 5 South Road, Siasconset, MA. 7. Defendant Williams is a member of the Board and resides at 240 South Pasture Lane, Nantucket, MA, 02554. 8. Defendant Madden is a member of the Board and resides at 19 Wauwinet Road, Nantucket, MA, 02554. 9. Defendant Parent is a member of the Board and resides at 31 Old South Road, Nantucket, MA, 02554. FACTS 10. The Trust owns an approximately 3,605 square foot parcel, which parcel is shown on Land Court Plan 8755-F, Lot 14, Certificate of Title 15076, and on which parcel is located a building with three separate retail spaces ("the Site"). - 3 - Zziizs 11. The site is located in a Residential-Commercial zoning district in the Town of Nantucket. 12. Since prior to 1972, the date in which the first zoning by-law was adopted by the Town of Nantucket, there have existed three separate retail uses on the Site. 13. In or about March, 1998, Defendant Williams, who, in addition to being a member of the Zoning Board of Appeals is also the clerk of said Board, advised the holder of the beneficial interest of the Trust, William Cameron, that it would be necessary for Plaintiff to apply for a special permit in order to change the use of his space from one permitted use to another permitted use. Plaintiff advised Defendant Williams that he intended to lease the space in question for use as a small retail variety-type of store establishment that would also serve Italian Ice. Such use is a permitted use in a Residential-Commercial zoning district. 14. On March 24, 1998, the Nantucket Planning Board rendered an advisory opinion to the Board recommending the relief requested and finding that "the proposed minimally sized retail space will have an imperceptible impact." 15. On April 10, 1998 (Good Friday), the Board voted to deny the requested relief. Although the vote was taken on Friday, April 10, 1998, no decision of the Board was rendered or recorded in the Town Clerk's Office until mid-July 1998. - 4 - 22iizs 16. In the meantime, Plaintiff requested the Board's reconsideration of its decision of April 10, 1998 (File No. 035- 98) under the rule that permits such reconsideration before the two year ban cn reapplications with the permission of the Planning Board. Plaintiff requested reconsideration in order that the Board might consider evidence supporting Plaintiff's argument that a special permit was not required because of the pre-existing non-conforming nature of the Site's failure to comply with parking and loading zone requirements. 17. At a public hearing on Friday, June 12, 1998, the Board reconsidered the petition (Application No. 060-98) and again voted to deny relief, finding only that the evidence presented by Plaintiff was insufficiently conclusive and that a third separate use in the existing structure "would constitute too intensive use of said structure." It is this decision, a copy of which is attached hereto as Exhibit A, that Plaintiff appeals from. 18. The Building Commissioner, Jack Dunn, on his own determined that the use of the premises as a retail space required no special permit and issued a building permit on July 14, 1998, a copy of which is attached hereto as Exhibit B. At the time the building permit was issued, the decision of the Board of Appeals, which is dated August 5, 1998, had neither been written nor filed. - 5 - z2ii2s 19. Subsequent to the issuance of the building permit on July 14, 1998, Plaintiff and Plaintiff's tenant have expended substantial funds to renovate the premises in accordance with certain requirements and directions of the Board of Health, all in reliance on the Building Commissioner's determination. 20. Statements made by certain Board members to other Town officials and at the various Board meetings establish that these Board members expressly ignored statutory criteria and voted against both the original petition and the request for reconsideration for improper and illegal reasons and in bad faith. 21. Plaintiff is aggrieved by the Board's purported vote to deny his application for reconsideration because, among cther reasons, the Board's decision is arbitrary, capricious and legally untenable. 22. Plaintiff is aggrieved by the Board's purported vote to deny his application for reconsideration because contrary to the express requirements of G.L. c.40A, §9, the Bcard's decisior. fails to set forth a single statutorily supported reason to support the Board's purported denial of the application. 23. Plaintiff is aggrieved by the Board's purported vote to deny his application for reconsideration because, among other reasons, the votes as set forth in the decision do not reflect - 6 - 2ziizs the votes taken at the public hearing as required by M.G.L. c.40A, §9. 24. Plaintiff is aggrieved by the Board's purported vote to deny his application for reconsideration because, among other reasons, the Board's decision was not filed within the time limits set forth in Chapter 40A, §9, which failure resulted in a conflicting determination by the Building Commissioner and which failure caused the plaintiff to expend substantial sums of money in reliance on the Building Commissioner's determination. 25. Plaintiff is aggrieved by the Board's decision because members of the Board acted in bad faith by ignoring and refusing to apply the criteria which they are required by law to apply and, instead, voted against the application on the basis of improper and illegal criteria and considerations. WHEREFORE, Plaintiff respectfully requests that this Court enter an Order: (a) annulling the decision and ordering the Board to grant Plaintiffs the requested special permit or, alternatively; (b) annulling the decision and declaring that Plaintiff is not required to obtain special permit relief because of the protected non-conforming status of the Site pursuant to M.G.L. c.40A, §6, or, alternatively; (c) annulling the decision and remanding the matter to the Board with an order requiring that the Board grant Plaintiff the - 7 - 221125 special permits upon such findings and conditions as this Court deems appropriate; (d) finding that the board acted in bad faith in purporting to deny Plaintiff's application and awarding Plaintiff costs, damages and the attorney's fees Plaintiff has incurred in bringing this action; and (f) awarding plaintiff such further relief as this Court deems just and proper, including damages. Dated: August 24, 1998 Respectfully submitted, EDWARD NOTIS-McCONARTY, TRUSTEE OF IV & X BROAD STREET REALTY TRUST By his Attorneys, i r /~ , , DIANE C. TILLOTSON BBO #498400 HEMENWAY & BARNES 60 State Street Boston, MA 02109 (617) 227-7940 - 8 - 221125 7-30-1996 2:SSFr~ FRGr1 ~~_: EXHiBiT~ TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: August $~ 19 98 To: Parties in Interest and. Others concerned With the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 060-98 Owner/Applicant- EDWARD NOTIS-MCCONARTY, Tfi:JSTEE OF IV S X BROAD STREET REALTY TRUST Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office og the Nantucket Town Clerk. An Appeal from this Decision may be taken pursuant to Section I7 of Chapter 40A, Massachusetts General Laws. Any action appealing the Decision must be brought by filing an complaint in court ~:ithin TWENTY (20) days after this days 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. 1 ~~[~~ ' x J _ Waine Chairman CC: Town Clerk Planning Board Building Commissioner P. 2 PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING~TO NANTUCKET ZONING BY-LAW ~I39-30I (SPECIAL PERMITS): §139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. RECEIVED TIME AUG.Z1. 9~24AM PRINT TIME AUG.Z1. 9~Z7AM 7-30-1956 2:SSFM FRGM TOWN OF NANTUCKET ZONING BOARD OF ,A.PPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-223-720 Assessor's Map 42.4.2 4 Broad Street Parcel 65 Land Court Plan 875-F, Lot 14 R-C Cert. of Title 15,076 P. 3 At a Public Hearing of the Nantucket Zoning Board of Appeals he at 1:00 P.M., Friday, June 12, 1998, in the Conference Room, Town Arne. Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of EDWARD NOTIS-MCCONARTY, TRUSTEE OF IV ~ X BROAD STREET REALTY TRUST, c/o Theodore L. Tillotson, P.O. Box 1530, Nantucket, MA 02554, Board of Appeals File No. 060-98, the Board made the following Decision: 1. Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law 8139-188(2) and (3} {Parking Requirements}. Applicant proposes convert an approximately 98+ square-foot space within an existing building, currently used in conjunction vith the Nantucket Bike Shop operation, to a separate retail space. The Herr use would require one parking space for the employees and Applicant is seeking a Waiver o` a required parking spaces. In addition, the Applicant is seeking a S?ECI PERMIT under Nantucket Zoning By-Law §139-20C to waive the loading zon requirement. In the alternative, Applicant asks the Board to make a FINDING that relief is not necessary based upon the history of the use of said space. Applicant was denied similar relief in BOA File No. 035-98 and has sought permission for a re-hearing beForc this Board fr the Planning Board pursuant to Nantucket Zoning By-Law §139-30K. The Locus is non-conforming as to lot size, having an area o° 3,605y squar~ feet in a district that requires a minimum lot size of 5,000 square feet; as to side yard setbacks with the structure being sited less tha one (1) foot at its closest point from both the easterly and westerly side yard. lot lines in a district that requires a minimum of five (5) feet; as 'to ground cover ratio, having a ratio of 64i% in a district that allows a maximum of 30% for undersized lots; and as to parking an. loading zones. See also BOA File Nos. 024-92 and 024-98. The Premises is located at 4 BROAD STREET, Assessor's Map 42.4. Parcel 65, Land Court Plan 8755-F, Lot 14. 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, after a review of the new information submitted with this Application that allegedly substantiates Applicant claim of grandfathering of the subject space as a separate commercial d 0 's RECEIVED 'TIME AUG.21. 9~24AM PRINT TIME AUG.21. 9~27AM 7-30-1996 2=59PM FRCM p d space, made a favorable recommendation. There were seven (7) affidavit with accompanying material on file at the Board o° Appeals. 3- Applicant is before this Board seeking a re-hearing of a matter that was denied in a Decision in BOA File No. 035-98. Applicant sought permission from the Planning Board to bring the same matter before the Board of Appeals prior to expiration of the tiro (2) year ban on re-application after a Denial as required under the By-Lan. Applicant now proffers new supporting documentation, consisting of affidavits an personal recollections, that Was not previously available at the time the original hearing. The Planning Board so voted its approval to alto the Applicant to seek a re-hearing before this Board. Applicant represents, through counsel, that the new documentation supports his claim of the pre-existing status of the 98+ square feet of retail spac as separate from other uses on the site on a continuous basis since a time prior to the 1972 enactment of the Zoning By-Law and without a three (3) year gap. 4- After due consideration of the new material by all members, a majority of the Board finds that the new documentation does not in fact provide sufficient conclusive evidence of Applicants claims anc furth~ that the original finding that the addition of a third separate use in the existing structure would constitute a too intensive use of said structure and would be more substantially more detrimental to the already highly trafficked commercial neighborhood, has merit and is still valid. 5. Accordiryly, upon a motion made and seconded, to grant the relic with the condition that there be no food service allowed in the spac', the Board DENIED said relief by a vote of three (3) in favor (Williams Madden and Toole) and two (2) opposed (Waine and Parent) with a vote o: four (4) in the affirmative necessary for a grant of relief. A motior. ~ then made and seconded to grant the relief as requested without conditions, whereupon the Board, by a vote of one (1) in favor (Parent and four (4) opposed (Waine, Williams, Toole and Madden) DENIED the requested relief. ~ Dale W. TOW AC ER SEOFFICE NANT- ~i-~~c-r F~ ~ n~SjQ A~~ 0 5 1998 TIgME:._..R:4S ~.:~__._-~ t` S'.• CLEA~: ~- RECEIVED TIME AUG.21. 9~2aAM Ed'Crdrd To ATTEST: A TRUE COPY ~r-- NANTUCKET TOWN CLERK AU6 $~ ~ PRINT TIME AUG.21. 9~27AM ~r ,< as Dated: August s 1998 __ c v z rn n 0 ~d-196 2:5er=~•t FriG'~-i "'~ Dm= Z ~ ~ ~ (~ D ~_ C? v'~m ~ ~ ~ Dv~ oD~ ~ zcn= C DZD W ~ ~O~ n m Dim Q ~rnp ~ nnm ~vZ - < R1 m~~ v ~Q Z z o~ D o~ n o ~z Z o= ~ n~ ~ mT n o~ C ~ ~ O C n~ ~ o= m ~ ~v C -D! 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