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HomeMy WebLinkAbout094-98norm NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 File No.OI ~- l~ Assessor's Parcel 7 ~. 7,~ - ~,~ THIS AGREEMENT TO EXTEND THE TIME LIMIT FOR THE BOARD OF APPEALS TO~MAKE A DECISION (or to hold a public hearing or take other action) concerns the Application of: ® V lJ '~ I ~ ~ ~ ' ~ o ~G~~v~-~ Pursuant to t e provisions of the Acts of 1987, Chapter 498, amending the State Zoning Act, Chapter 40A of the Massachusetts General Laws, Applicant(s)/petitioner(s) and _, the Board of Appeals hereby agree to extend the time limit - for a public .hearing ~ on the Application, or - for a decision ~ of the Board, or - for any other action by the Board, (whether such Application.is an appeal ~ from the decision of anx~administrative official, a petition for a Special Permit or for a Variance or for any extension modification , or~renewal thereof) to the NEW TIME LIMIT of midnight on l` c~~~~ but not earlier than a time limit set by tatute or bylaw. The Applicant(s), or the attorney or agent for - Applicant(s) ,represented to be duly authorized to act in this.matter for Applicant(s), in executing this Agreement waives any rights under the Nantucket zoning Bylaw and the State Zoning Act,. as amended, to.the extent, but only to the extenj~ inconsistent with this Agreement. FOR F R THE B DAPPEALS A -a _: _ a :w ~ -' ~ ~ ~ ~. - Z Effect ve da of Agreement c-; o . r~- cc: Town Clerk r- ~ . Planning Board ~ ~`' Building Commissioner .~ Agreement filed in the office of the. Town Clerk: Date Town Clerk 6-~y Form NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTIICRET, MA 02554 c~ /,,~ File No.~~-Y> Assessor's Parcel -T~-~=L'1~ THIS AGREEMENT TO EXTEND THE TIME LIMIT FOR THE BOARD OF APPEALS TO~MAKE A DECISION (or to hold a public hearing or take other action) concerns the Applicaltion of: Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the State Zoning Act, Chapter 40A of the Massachusetts General Laws, Applicant(s)/petitioner(s) and the Board of Appeals hereby agree to extend the time limit - for a public hearing °~ on the Application, or - for a decision °`af the Board, or - for any other action y the Board, (whether such Application.is an appeal ~ from the decision of an~~administrative official, a petition for a Special Permit ,~or for a Variance or for any extension , modification , or~renewal thereof) to the NEW TIME LIMIT of midnight on but not earlier than a time limit set by statute or b law. The Applicant(s), or the attorney or agent for . Applicant(s) represented to be duly authorized to act in this.matter for Applicant(s), in executing this Agreement waives any rights under the Nantucket zoning butaonlydtohe State Zoning,Act, as amended, to.the extent, the extent, inconsistent with, this Agreement. J Effectiv date of Agreement cc: Town Clerk Planning Board Building Commissioner Agreement filed in the 1 I ~gI ~ Date ~~ a w ~ ~:. ~ `~ ., ~: rT- b ti ti b office of the Town Clerk: Town Clerk Form 6-89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 File No.Q~-~~ Assessor's Parcel 60~~ •2- THIS AGREEMENT TO EXTEND THE TIME LIMIT FOR THE BOARD OF APPEALS TO~MAKE A DECISION (or to hold a public hearing or take other action) concerns the Application of: ~~ ~ - ~O u Z ~- a ~ ~d ~ Din ~. Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the State Zoning Act, Chapter 40A of the Massachusetts General Laws, Applicant(s)/petitioner(s) and the Board of Appeals hereby agree to extend the time limit - for a public .hearing ~ on the Application, or - for a decision ~ of the Board, or - for any other action by the Board, (whether such Application.is an appeal ~ from the decision of anx~administrative official, a petition for a Special Permit ,~or for a Variance , or for any extension modification , or-renewal thereof) to the NEW TIME LIMIT of midnight on .~~~ /)'I ~-~(p ~ but not earlier than a time limit set b statute or by aw. The Applicant(s), or the attorney or agent for . Applicant(s) represented to be duly authorized to act in this matter for Applicant(s), in executing this Agreement waives any rights under the Nantucket zoning Bylaw and the State Zoning Act, as amended, to.the extent, but only to the L inconsistent wi~ this Agreement. P~LICANT~S FOR HE O APP ALS ~ T- a 0 ~° ~ ~- ~ ,v Effects e d e of Agreement ~ -n cc: Town Clerk o ---- Planning Board -' Building Commissioner Agreement filed in the office of the. Town Clerk: Date Town Clerk Form 6-89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 File No.Q~-~ Assessor's Parcel / ~• ~~ " CP~ THIS AGREEMENT TO EXTEND THE TIME LIMIT FOR THE BOARD OF APPEALS TO~MAKE A DECISION (or to hold a public hearing or take other action) concerns the Application of: d~~ . Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the State Zoning Act, Chapter 40A of the Massachusetts General Laws, Applicant(s)/petitioner(s) and the Board of Appeals hereby agree to extend the time limit - for a public .hearing ~ on the Application, or - for a decision V~ of the Board, or . - for any other action " y the Board, " (whether such Application.is an appeal ~ from the " decision of and"administrative official, a petition for a Special Permit ,"or for a Variance or for any extension , modification or~renewal thereof) to the NEW TIME LIMIT of midnight on ~yn~ 0?7, .2C~0~3 but not earlier than a time limit set by statute or bylaw. The Applicant(s), or the attorney or agent for . Applicant(s) represented to be duly authorized to act in this matter for Applicant(s), in executing this Agreement waives any rights-under the Nantucket zoning Bylaw and the State Zoning Act, as amended, to.the extent, but only to the extent, inconsistent with this Agreement. D~. V APPLICAN (S) FOR THE BOAR F APPEA --~ ~ 0 w ,` 3 ~-P ~ ~ .~Od , 0 ~ ~ ~ ~, Effective ate of Agreement ~. m cc: Town Clerk ~ ~ ~ Planning Board ~'" -v Building Commissioner '~ • .ice 0 Agreement filed in the office of the Town Clerk: 21l (1Q3 Date Town Clerk Form 6-89 NANTQCRET ZONING BOARD OF APPEALS TORN AND COIINTY BIIILDING NANTQCRET, MA 02554 File No~7'-~O Assessor's Parcel ~~ ~?" ~P~ THIS AGREEMENT TO EXTEND THE TIME LIMIT FOR THE BOARD OF APPEALS TO~MAKE A DECISION (or to hold a public hearing or take of er action) concerns the Application Qf: Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the State Zoning Act, Chapter 40A of the Massachusetts General Laws, Applicant(s)/petitioner(s) and ` the Board of Appeals-hereby agree to extend the time limit - for a public .hearing ~ on the Application, or - for a decision J~ of the Board, or - for any other action y the Boar , (whether such Application.is.an appeal t~, from the decision of anx•administrative official, a petition for a Special Permit ,•or for a Variance , or for any extension , modification , or-renewal thereof) to the NEW TIME LIMIT of midnight on ~/,~~~ but not earlier than a time limit set by statute o ylaw. The Applicant(s), or the attorney or agent ~ for Applicant(s) represented to be duly authorized to act in this matter for Applicant(s), in executing this Agreement waives any rights under the Nantucket zoning Bylaw and the State Zoning.Act, as amended, to.the extent, but only to the e~ en , consistent with1 this Agreement. Effective date of Agreement cc: Town Clerk Planning Board Building Commissioner Agre ment filed in the office of the Town Clerk: t/ Dat Town Clerk Form 6-t39 NANTQCRET ZONING BOARD OF APPEALS TOWN AND COIINTY BQILDING NANTOCRET, MA 02554 File No. O(( -~ Assessor's Parcel (~- (..G'~ THIS AGREEMENT TO EXTEND THE TIME LIMIT FOR THE BOARD OF APPEALS TO~MAKE A DECISION (or to hold a public hearing or take other action) concerns the Application of: ~'~~ ~'~ c~r~r ~ ~t~l ~~ ~c~~ - ~~~~;~'J~'n ~-t4 ~~.C~,.~'1 Pursuant to the provisions of the Acts of 1987,/Chapter 498, amending the State Zoning Act, Chapter 40A of the Massachusetts~General Laws, Applicant(s)/petitioner(s) and the Board of Appeals hereby agree to extend the time limit - for a public.hearing ~ on the Application, or - for. a decision ~ of the Board, or - for any other action y e Boar , (whether such Application.is.an appeal ~ from the decision of anx~administrative official, a petition for a Special Permit ,~or for a Variance or for any extension , modification , or~renewal thereof) to the NEW TIME LIMIT of midnight on ~,~ Q 2~, ~Ot~Z but not earlier than a time limit set~tatute r yaw. The Applicant(s), or the attorney or agent, for . Applicant(s) represented to be duly. authorized to~ct in this.matter for Applicant(s), in executing this Agreement waives any rights under the Nantucket zoning Bylaw and the State Zoning.Act, as amended, to.the extent, but only to the ex en , nconsistent with thi Agreement. ...~ Effecti a ate of Agreement cc: Town Clerk Planning Board Building Commissioner Agreement filed in the ~2(U ~ . Date office of the Town Clerk: 0 N '~ :~~ O a z ~ ~' C'J ~_ N ~ ~, ~~ , ~ ._ N fV O- Town Clerk ~~ ~ " a~ .~~.. .~ -~ Form 6-89 NANTIICRET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 File No. d~7-~ ~ Assessor's Parcel ~ ~'~ THIS AGREEMENT TO EXTEND THE TIME LIMIT FOR THE BOARD OF APPEALS TO~MAKE A DECISION (or to hold a public hearing or take other action) concerns the Application of:, Pursuant to th pro isions of the Acts of 1987, Chapter 498, amending the State Zoning Act, Chapter 40A of the Massachusetts General Laws, Applicant(s)/petitioner(s) and the Board of Appeals~~hereby agree to extend the time limit for a public .hearing ~ on the Application, or for a decision ~ of the Board, or - for any other action ~ y t e Boar , (whether such Application.is.an appeal ~ from the decision of an~~administrative official, a petition for a Special Permit ,~or for a Variance or for any extension , modification , or-renewal thereof) to the NEW TIME LIMIT of midnight on ~Q~ , ~. , ~ ~~~ but not earlier than a time limit set~y statute or yaw. The Applicant(s), or the attorney or agent for . Applicant(s) represented to be duly authorized to act in this matter fo-r Applicant(s), in executing this Agreement waives any rights-under the Nantucket zoning Bylaw and the Stat ning.Act, as ame ded, to.the extent, but only to th exten inconsistent~rith,this Agreement. S ~~j'7 ,t /F~ .T~~ a Building Commissioner Agreement filed in the office of the Town Clerk: FOR ~'fiE 'BOAR ~6~F APPEALS p ~ z ~ -; o Z =. ~c~~~ ~ 2 ~ ~ ~: o~ Effective date o Agreement - rn -.: ter. w cc: Town Clerk ~ Planning BOard o Date Town Clerk 6-F39 Form NANTIICRET ZONING BOARD OF APPEALS TOWN AND COUNTY BIIILDING NANTUCKET, MA 02554 File No. ~~ Assessor's Parcel 7a~- 7 • o~ THIS AGREEMENT TO EXTEND THE TIME LIMIT FOR THE BOARD OF APPEALS TO~MAKE A DECISION (or to hold a public hearing or take other action) concerns the Application of: Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the State Zoning Act, Chapter 40A of the Massachusetts General Laws, Applicant(s)/petitioner(s) and the Board of Appeals hereby agree to extend the time limit - for a public hearing ~ on the Application, or for. a decision ~of the Board, or -for any other action . y the Boar , (whether such Appli.cation.is.an appeal ~ from the decision of an~~administrative official, a petition for a Special Permit , or for a Variance or for any extension , modification or-renewal thereof) to -the NEW TIME LIMIT of midnight on / ~ «=1~~- G/~ ~-~~~, but not earlier than a time limit set by statute bylaw. The Applicant(s), or the attorney or agent for . Applicant(s) represented to be duly authorized to act in this.matter for Applicant(s), in executing this Agreement waives any rights under the Nantucket zoning Bylaw and the State_Zoning Act, as ame ed, to the extent, but only to the exte inconsistent ith this Agreement. if'~ O.R APPLI NT (S ) >s--- ~' ,c.~~`~~- FOR T E F A PEALS- ~' 0 i ~• ve date of Agreement Effect z cc: Town Clerk rn- c=~: r,.~~ v r .. -~-- Planning Board ~ rT- -o •~ Building Commissioner ~'~' w ~ 1'; ~ ~ Agreement filed in the office of the Town Clerk: ate Town Cler Form NANTUCRET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTIICKET, MA 02554 File No .lJ~ - 6•-89 Assessor's Parcel `f~ `7~ ~ -(~~ THIS AGREEMENT TO EXTEND THE TIME LIMIT FOR THE BOARD OF APPEALS TO MAKE A DECISION (or to hold a public hearing or take other action) concerns the Application of: G~~j~ ~ ~C~?~~•l~ ~^Ll\ ~~~ ~ UDC t"i ~ ~ ' i }'~ ~~ ~~'~r' ~'I , ,~-~ ~~ Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the State Zoning Act, Chapter 40A of the Massachusetts General Laws, Applicant(s)/:petitioner(s) and the Board of Appeals hereby agree to extend the time limit - for a public hearing k on the Application, or - for a decision ~- of the Board, or - for any other action by the Board, (whether such Application is an appeal /~- from the decision of anX administrative official, a petition for a Special Permit or for a Variance , or for any extension modification or renewal thereof) to the NEW TIME LIMIT of midnight on ~ e;~1-r4)~~')~~~ ~~. 1~~;/ but not earlier than a time limit set by' tatute or bylaw. The Applicant(s), or the attorney or agent for . Applicant(s) represented to be duly authorized to act in this matter for Applicant(s), in executing this Agreement waives any rights under the Nantucket zoning Bylaw and the Stat ning Act, as a ended, to the extent, but only to the exte t, inco sister with this Agreement. ~ ~~ ~ ~ ~L~ FOR ~P~i,ICANT (S ) `w FOR THE. BOAR OF APPEALS c3 -1 z (~ ,~ ~" ~ , o y ~ m Effective date of Agreement Z -' ;,~ ` c-7 ~ - .~ ~.. cc: Town Clerk m=~= ~ •'~ Planning Board ~`_ N {'~~ Building Commissioner ~ ~,;~ ~~% a~ Agreement filed in the office of the Town Clerk: i~ ~~ I D a e Town Clerk Form 6-89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COIINTY BUILDING NANTIICRET, MA 02554 File No.~~ ~ Assessor's Parcel~~• ~'~ - (~S THIS AGREEMENT TO EXTEND THE TIME LIMIT FOR THE BOARD OF APPEALS TO~MAKE A DECISION (or to hold a public hearing or take other action) concerns the Application of: 1~vn~ ~CQ \ - ~~d~l ~n ~ // ~~ .S7l~ Pursuant~'t~ t~oV3sions of the Acts of 1987, Chapter 498, amending the State Zoning Act, Chapter 40A of the Massachusetts General Laws, Applicant(s)/petitioner(s) and the Board of Appeals hereby agree to extend the time limit - for a public hearing 1~ on the Application, or - for. a decision ~ of the Board, or - for any other action ~ y the Boar , (whether such Application.is.an appeal ~_ from the decision of an~~administrative official, a petition for a Special Permit ,~or for a Variance or for any extension , modification , or-renewal thereof) to the NEW TIME LIMIT of midnight on ~~ Z-1 ~~ but not earlier than a time limit set y s tute or yaw. The Applicant(s), or the attorney or agent for . Applicant(s) represented to be duly authorized to act in this matter for Applicant(s), in executing this Agreement w rights under the Nantucket zoning Bylaw and the tate Zonin ct, as amended, to. extent, but only to the extent, in nsistent with th sgre~ FOR P T( _~ FOR THE OARD OF APPEALS oy, ~ n Effects a ate of Agreement - ~~ ,--~.. ,. ~ Z :"~ cc : Town Clerk ~ ~= .r -.... Planning Board r'" c ~~, Building Commissioner ter" ~ ~ ~~ ~~ .. ~ 00 Agreement filed in the office of the Town Clerk: Date Town Cler i ui,u v-u NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTIICRET, MA 02554 File No.~~~ Assessor's Parcel / ~ ~ ~~ - lp THIS AGREEMENT TO EXTEND THE TIME LIMIT FOR THE BOARD OF APPEALS TO~MAKE A DECISION (or to hold a public hearing or take other action) concerns the ,Application of: Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the State Zoning Act, Chapter 40A of the Massachusetts General Laws, Applicant(s)/petitioner(s) and the Board of Appeals hereby agree to extend the time limit - for a public hearing ~ on the Application, or - for a decision ~ of the Board, or - for any other action y the Boar , (whether such Application.is.an appeal ~ from the decision of anx~administrative official, a petition for a Special Permit or for a Variance or for any extension , modification or renewal thereof) to the .NEW TIME LIMIT of midnight on (~(Z1 ~~ ~ ~ ,c~~l but not earlier than a time limit set b statute or bylaw. The Applicant(s), or the attorney or agent for . Applicant(s) represented to be duly authorized to act in this matter fo.r Applicant(s), in executing this Agreement waives any rights under the Nantucket zoning Bylaw and the State Zoning Act, as amended, to the extent, but only to the ex~nt, inconsistent wit~i this Agreement. ~~ FOR APPLICANfi(S) ~V` ~/ ~ FOR THE BOARD OF APPEALS 0 FYI a~'~Q~- I Co Z ~ ~ -1 ~ ~' .-~ . Effective date of Agreement g ?~ a Z ~-= ~ , 1 cc: Town Clerk •~ ~~~ ~ ~=~ Planning Board ~" ~ `" Building Commissioner ~~- -v ~~ - ~ - , ~ r~ ; c~ Agreement filed in the office of the Town Clerk: ~ Date Town Cler Form 6-89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COIINTY BUILDING NANTUCKET, MA 02554 File No. ~-~O Assessor's Parcel ~~.~ ~~ THIS AGREEMENT TO EXTEND THE TIME LIMIT FOR THE BOARD OF APPEALS TO~MAKE A DECISION (or to hold a public hearing or take other action) concerns the Application of: `~ ~-f..~_ t~.~~ ~ N~'~~~f~M ~c~ rte ~ )~ 4U~ - ?~ oU I ~UCr~~ Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the State Zoning Act, Chapter 40A of the Massachusetts General Laws, Applicant(s)/petitioner(s) and the Board of Appeals hereby agree to extend the time limit - for a public hearing ~ on the Application, or - for a decision ~ of the Board, or - for any other action y the Board, (whether such Application-is an appeal ~ from the decision of anx~administrative official, a petition for a Special Permit ,~or for a Variance or for any extension modification , or~renewal thereof) to the NEW TIME LIMIT of midnight on ~~~~ ~ o~.(.-u but not earlier than a time limit set by statute or by aw. The Applicant(s), or the attorney or agent for . Applicant(s) represented to be duly authorized to act in this matter for Applicant(s), in executing this Agreement waives any rights under the Nantucket zoning Bylaw and the St Act, as amended, to the extent, but only to e extent, consistent with t2~'s Agreement. LZ,~~~~ Effects e date of Agreement cc: Town Clerk Planning Board Building Commissioner Agreement filed in the ~z ~1 c~ D~ _ ... i __... r, J office of the Town Clerk: Town Clerk Form 6-89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 File No.~~-G~ Assessor's Parcel • ~'a -~.5 THIS AGREEMENT TO EXTEND THE TIME LIMIT FOR THE BOARD OF APPEALS TO~MAKE A DECISION (or to hold a public hearing or take-other action) concerns the Application of: .D Pursuant`~to ale provisions of the Acts of 1987, Chapter 498, amending the State Zoning Act, Chapter 40A of the Massachusetts General Laws, Applicant(s)/petitioner(s) and the Board of Appeals hereby agree to extend the time limit for a public hearing ~ on the Application, or - for a decision ~ of the Board, or - for any other action by the Boar , (whether such Application.is.an appeal ~ from the decision of anX~administrative official, a petition for a Special Permit ,~or for a Variance or for any extension , modification or~renewal thereof) to the NEW TIME LIMIT of midnight on ~- ~S ~JU but not earlier than a time limit set y statu e or by aw. The Applicant(s), or the attorney or agent for . Applicant(s) represented to be duly. authorized to act in this matter for Applicant(s), in executing this Agreement waives any rights under the Nantucket zoning Bylaw and the S e Zon' Act, as amended, to.the e tent, but only to he extent, in nsistent with this Agr ement. ~. ~ FOR-~THE~ARD' OF ~ APPEALS TOV`JN CLERKS OFFICE ~lA~lTUCKET, MA 02554 Ef~ive d to of Agreement ;ItvlE: ~~=-~' Q 8 2000 ~ -_ _ _ _ __ cc: Town Clerk ~LERK:.~ Planning Board Building Commissioner Agreement filed in the office of the Town Clerk: Date Town Clerk Form 6-89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 File No.09~-~ Assessor's Parcel~f Z• ~- Z -~,~ THIS AGREEMENT TO EXTEND THE TIME LIMIT FOR THE BOARD OF APPEALS TO MAKE A DECISION (or to hold a public hearing or take other action) concerns the Application of: Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the State Zoning Act, Chapter 40A of the Massachusetts General Laws, Applicant(s)/petitioner(s) and the Board of Appeals~~hereby agree to extend the time limit - for a public hearing ~ on the Application, or - for a decision ~_of the Board, or -for any other action y the Boar , (whether such Application.is.an appeal ~ from the decision of anx~administrative official, a petition for a Special Permit T,~or for a Variance , or for any extension , modification or~renewal thereof) to the NEW TIME LIMIT of midnight on ~/!i\ 27.~OC~~ but not earlier than a time limit set by statute or aw. The Applicant(s), or the attorney or agent for . Applicant(s) represented to be duly authorized to act in. this matter for Applicant(s), in executing this Agreement waives any rights-under the Nantucket zoning Bylaw and the State Zoning Act, as amended, to the extent, but only to the e inconsistent wi~h this`Agreement. I Y D~: Effec a .ate of Agreement cc: Town Clerk Planning Board Building Commissioner TOWN CLERK'S OFFICE NANTUCKET, MA 02554 r-~u~ 2 s zooo ~ ~~~C. CLERK: C.~:~ _~' 2--.~- Agreement filed in the office of the Town Clerk: Date Town Clerk Form 6-89 NANTIICRET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 File No.~~--`'v Assessor's Parcel ~1~ •,~.,~-~~ THIS'~-GREEMENT TO EXTEND THE TIME LIMIT FOR THE BOARD OF APPEALS TO-MAKE A DECISION (or to hold a public hearing or take-other action) concerns the Application of: Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the State Zoning Act, Chapter 40A of the Massachusetts General Laws, Applicant(s)/-petitioner(s) and the Board of Appeals-hereby agree to extend the time limit - for a public .hearing ~ on the Application, or - for. a decision ~of the Board, or - for any other action . y e Boar , (whether such Application.is.an appeal ~ from the decision of anx'administrative official, a petition for a Special Permit ,-or for a Variance or for any extension modification or~renewal thereof) to the NEW TIME LIMIT of midnight on ~~ ~,~~~ but not earlier than a time limit set y to a or ylaw. The Applicant(s), or the attorney or agent for . Applicant(s) represented to be duly, authorized to act in this matter for Applicant(s), in executing this Agreement waives any rights under the Nantucket zoning Bylaw and the Stat ning.Act, as amended, o. the a tent, but only to the eaten inconsistent with t is Agree t. r~nr rnr rrm i c ~ ~~ R FOR THE BOARD OF APPEALS ~ vvviv c;LERK'S OFFICE NANTUCKET, MA 02554 f ~ ~ ~ ~ E ~' 1 5 2000 Effe iv ate of Agreement TIME; ,3~~~ o cc: Town Clerk R~; L Planning Board -~~-=-- Building Commissioner Agreement filed in the office of the. Town Clerk: Date Town Clerk Form NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 v-~S`J- File No. ~ ~ Assessor's Parcel ~.~~`~~~~ THIS AGREEMENT TO EXTEND THE TIME LIMIT FOR THE BOARD OF APPEALS TO MAKE A DECISION (ar to hold a public hearing or take other action concerns the Application of: Z ~ ~" can ~ ~ ~ -- /~<'~~~i Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the State Zoning Act, Chapter 40A of the Massachusetts General Laws, Applicant(s)/petitioner(s) and the Board of Appeals hereby agree to extend the time limit - for a public hea'ri/ng . - for a decision I/ of - for any other action (whether decision a Special extension (/ on the Application, or the Board, or y the Board, such Application.is.an appeal from the of anx~administrative official, a petition for Permit ,~or for a Variance or for any modification or~renewal thereof) to the NEW TIME LIMIT of midnight, on ~U~-/ ~~~~~ but not earlier than a time limit set by s atu e or bylaw. The Applicant(s), or the attorney or agent for . Applicant(s) represented to be duly authorized to act in this matter for Applicant(s), in executing this Agreement waives an rights under the Nantucket zoning Bylaw and the Stat onin ct, as amended, to extent, but only to the extent, in onsistent with thigreement. --- - . ~~ - t V ~v~ FOR THE BOARD OF_APPEALS ~/ RECEIVED l 7 Dd TOWN CLERK'S OFFICE Effects e date of Agreement NANTUCKET, MA 02554 cc: Town Clerk APR 2 7 2000 Planning Board TIME-.___.._ ' I ~ ~,.,. Building Commissioner ~~~~. CLERK: )'tl_ Agreem nt fi ed in the office of the. Town Clerk: Dat Town Clerk Form 6-89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 File No.~~ Assessor's Parcel ~~--F'^'-~~ THIS AGREEMENT TO EXTEND THE TIME LIMIT FOR THE BOARD OF APPEALS TO~MAKE A DECISION (or to hold a public hearing or take other action) concerns the Application of: Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the State Zoning Act, Chapter 40A of the Massachusetts General Laws, Applicant(s)/petitioner(s) and the Board of Appeals hereby agree to extend the time limit - for a public .hearing - for a decision ~ of on the Application, or the Board, or - for any other action y the Boar , (whether such Application.is.an appeal ~ from the decision of anx~administrative official, a petition for a Special Permit ,~or for a Variance , or for any extension , modification or~renewal thereof) to-the .NEW TIME LIMIT of midnight on ,m ~~~~~ but not earlier than a time limit set by atu e or bylaw. The Applicant(s), or the attorney or agent for . Applicant(s) represented to be duly. authorized to act in this matter for Applicant(s), in executing this Agreement waives any rights under the Nantucket zoning Bylaw and the Stat ning,Act, as amended, o.the e tent, but only to the exten inconsistent with t is Agree nt. J -~ TlT\T T /'11 ITT / !'~ v ~~v / ' FOR THE BOARD OF APPEALS RECEIVED TOWN CLERK'S OFFICE l ~ ~~ . NANTUCKET, MA 02554 Effec iv date of Agreement JAN 2 0 2000 cc: Town Clerk ~~} Planning Board- CLERK: ~L~ Building Commissioner Agreement filed in the office of the. Town Clerk: Date Town Clerk 6-89 Form NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY~BUILDING NANTUCKET, MA 02554 File No.d~-~ Assessor's Parcel ~~~'a.-~ Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the State Zoning Act, Chapter 40A of the Massachusetts General Laws, Applicant(s)/petitioner(s) and the Board of Appeals hereby agree to extend the time limit - for a public .hearing ,v/ on the Application, or - for a decision ~ of the Board, or - for any other action y the Boar , (whether such Application.is an appeal V from the decision of anx~administrative official, a petition for a Special Permit or for a Variance , or for any extension modification or~renewal thereof) to the NEW TIME LIMIT of midnight on lV ~1 ~ Q9 but not earlier than a time limit set by statu o y aw. The Applicant(s), or the attorney or agent for . Applicant(s) represented to be duly authorized to act in this matter for Applicant(s), in executing this Agreement waives any rights tinder the Nantucket zoning Bylaw and the St 'ng Act, as amended, to.the extent, but only to e extent, 'nconsistent with this Agreem~. FOF~ APPL O Effective date of Agreement cc: Town Clerk Planning Board Building Commissioner A reement filed in the office of the g l~l L~ ~~~ Date .. . . ~...~.~~ ~_~ ~~ _..~ ~:`~ vrF ~,, :_ .. 3 ~. JZ~ Fr^ /~ss~, ~ __----- Town Clerk: ~T-`°`~ Town Clerk THIS AGREEMENT TO EXTEND THE TIME LIMIT FOR THE, BOARD OF APPEALS TO MAKE A DECISION (or to hold a public .hearing or take other. action) concerns the Application of: 6-89 Form NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 File No ~/' L-~~5 Assessor's Parcel ~• • - "' THIS AGREEMENT TO EXTEND THE TIME LIMIT FOR THE BOARD OF APPEALS TO MAKE A DECISION (or to hold a public hearing or take other action) concerns the Application of: Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the State Zoning Act, Chapter 40A of the Massachusetts General Laws, Applicant(s)/petitioner(s) and the Board of Appeals hereby agree to extend the time limit - for a public .hearing ~on the Application, or - for a decision V of the Board, or - for any other action y the Board, (whether such Application.is an appeal ~~from the decision of anX~administrative official, a petition for a Special Permit or for a Variance or for any extension modification , or renewal thereof) to the NEW TIME LIMIT of midnight on ~' V~ • ~~ Ir but not earlier than a time limit set~y statut or by aw. The Applicant(s), or the attorney or agent for . Applicant(s) represented to be duly authorized to act in this matter for Applicant(s), in executing this Agreement waives any rights under the Na tucket zoning Bylaw and the S e o Act, as amended, t .the extent, but only to the extent, i consistent with t is Agreement. ` ~~` `, . OF APPEALS Eff tive da e o greement cc: Town Clerk Planning Board Building Commissioner. Agreement filed in the Dat RECEEVED TU1~~1N ~LERr<'S OFFICE NAN~"t -LKET, MA 02554 ~~: r' 1 7 1999 l~IME.__ 3'~IS ~w, ~~~ ~~LERK:_.,~ office of the. Town Clerk: Town Clerk 6-89 Form NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTIICRET, MA 02554 File No.C~~ ~~ Assessor's Parcel ~ ~~-_~ THIS AGREEMENT TO EXTEND THE TIME LIMIT FOR THE BOARD OF APPEALS TO MAKE A DECISION (or to hold a public hearing or take other action) concerns the Application of: h' Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the State Zoning Act, Chapter 40A of the Massachusetts General Laws, Applicant(s)/petitioner(s) and the Board of Appeals hereby agree to extend the time limit for a public .hearing V on the Application, or - for a decision ~ of the Board, or - for any other action y t e Board, (whether such Application.is an appeal from the decision of anx~administrative official, a petition for a Special Permit or for a Variance or for any extension modification , or-renewal thereof) to the NEW TIME LIMIT of midnight on ~~- ~ 71 ~ / 9 but not earlier than a time limit set b statu e or yaw. The Applicant(s), or the attorney or agent for . Applicant(s) represented to be duly authorized to act in this matter for Applicant(s), in executing this Agreement waives any rights under the Na tucket zoning Bylaw and the St o Act, as amended, o the extent, but only to t e extent, i consistent with his Agreement. ~~ U' ~ ARD O ~~ ~ Q ~~ ~ (/~~ ~P!~ECEIVED A reement ` TOWN CLERK'S OFFICE Effects e to o g NANTUCKET, MA 02554 cc: Town Clerk Planning Board Building Commissioner agreement filed in the office of the. Date .~U!_ 19 1999 ~IAAME:_._.__3 ~-~Z.~.U /~S S'}`. CLE~K: 't1L Town C e Town Cler ~ ar 6-89 Form NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTIICRET, MA 02554 (~ (~ / File No.U7~' -~O Assessor's Parcel ! ~ ~t~ la~ THIS AGREEMENT TO APPEALS TO~MAKE A take otl~7e~~rp/a~ctio/n) EXTEND THE TIME LIMIT FOR THE BOARD OF DECISION (or to hold a public hearing or concerns the Application of: - for a decision ~ of the Board, or - for any other action by t e Board, (whether such Application.is an appeal /~ from the decision of anx~administrative official, a petition for a Special Perma.t or for a Variance or for any extension modification _, or renewal thereof) to the NEW TIME LIMIT of midnight on ~-xti`1 ~ f ~ ( ~/ but not earlier than a time limit set by s tut or ~y aw. The Applicant(s), or the attorney or agent for . Applicant(s) represented to be duly authorized to act in this matter for Applicant(s), in executing this Agreement waives any rights under the Nantucket zoning Bylaw and the State Zoning Act, as amended, o the ext t, but only to the tent, consistent with t~is Agreement. ~ ~~ ~. Effect ve a of Agreement cc: Town Clerk Planning Board Building Commissioner Agreement filed in the Q, Date -._- RECEIVED TOWN CLERr<'S OFFICE NANTI<ICKET, MA 02554 JUN 14 1999 Ti M E:--~~~;~ SS~. ~ LERK: ~. office of the. Town Clerk: Town Clerk Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the State Zoning Act, Chapter 40A of the Massachusetts General Laws, Applicant(s)/petitioner(s) and the Board of Appeals hereby agree to extend the time limit - for a public .hearing 4~ on the Application, or i0•d ~dlol Form NANTUCKET ZONING 80AR.D QF APPEALS TOWN AND COIINTY $UILDxNG N1INTQCItET, KA 02554 File No.~~- 6-89 Assessor's Parcel `~`~• ~•~ ~~ THIS AGREEMENT TO EXTEND THE TIME LIMIT FOR THE BOARi) OF APPEALS TO~MAKE A DECISION {or to hold a public hearing or take other action) concerns the A pl~.cation of: Pursuant to the prov~.sions of the Acts of 2987, Chapter 498, amendzng the State Zoning Act, Chapter 40A of the Massachusetts General Laws, Applicant(s)/petitioner(s) and the Board of Appeals hereby agree to Qxtend the time limit -- for a public hea~~ri//ng ~ on the Application, or - for a decision Vt.of the Board, or -- fox any other action by the Boar , (whether such Application is an appeal ~, from the decision of anx~administrative official, a petition for a Special Permit ~, or far a variance or for and extension ~, modification or~x•enewal, thereof) to the NEW TzME LIMIT of midnight on cX ~. but not earliEr than a time lxmi,t set y s ut ar yaw. The Applicant(s), or the attorney or agent for . Applicant(s) represented to be duly authorized o act in this matter for Applicant(s), in executing this Agreement waives any rights under the Nantucket zoning Bylaw and the Stat ng Act, 3s amended, to the extent, but only to t extent, incansistent~ with this Agreement. ~ // ~ Effec ive to of Agreement RECEIVED TOWN CLERK'S OFFICE NANT~ CKET, MA 02554 cc: Town c].exk ~~4~ 14 1999 1?J.anning Board ~~INiE:._ - l;: ~~ u,,w _._ . ..__ Building Commiss~.oner ~f- :.;i.FRK:.X~ ~..c_c.~ Agreement fi~.ed in the office of the. Town c~.ez•k: Date Town C erk MAR-12-1999 15 24 ~JANTUCH'ET ZBA F'd rm YANT(1C1CET ZONING 80~-RD OF I~PPBALS 'M'OWN ANF CODN'PY BDILbING NANTUCKL~'I', •MA 02554 File Na.~-~ °.01 Assessor's Parcel 7~ ~.2-- C~J THIS AGREEMENT TO EXTEND THE TIME LIMIT FOR TKE BOARD OF APPEALS TO MAKE A DECxSION (ox' to hold a public hearing or take other action) concerns the Application of: Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the State Zoning Act, Chapter 40A of the Massachusetts General Laws, Applicants}/petitioner(s) and the Board of Appeals hereby agxee to extend the time limit for a public hearing ~ on the Application, or fox a decision of the Board, or for any ether action y e soar , (whether such Application is an appeal ~ from the decision of and'administrative official, a petition for a Special Permit ,~or for a variance or for any extension , ~-odification or renewa, thereof) to the NEW TIME z,XMIT of midn~.ght on ~ j but not earliex' than a time limit set y s e or yaw. The Applicant(s), or the attorney or dent for . Applicant(s) represented to be duly authorized to act in this matter far Applicant(s), in executing this Agreement waives any rights under th Nantucket zoning Bylaw and the Sta ing,Act, as amend, to the extent, but only to t extent, nconsistent ~.th this Agreement. APPLICA Sj ~r FO HOARD OF APPEALS ~iECEiVED TOWN CLERK'S OFFICE ~ 2~~ ~ A NANTUCKET, MA 02554 Ef'f 1~~d/tee- ~ Agreement ~q~ 1 2 1999 cc : Town Clerk I~IME:~_ ~ ~• -S ~~. Planning Board Building Commissioner ~LER :_~ Agreement filed xn the office of the. Tawn Clerk: ~ /L ~ pat, Town G erk TOTAL F.G1 TOWN OF NANTUCKET ZONING BOARD OF APPEALS ~~ WASHINGTON STREET - -A cCe[':HUSETTS 02554 A be held ROOM, T~ Massach NANTUC BOARD of tY alloy Stre Stre the 98± in Nan re: use n ~ V~~ r' ~~~ ~;.~ ~ ~~-~~~ ~~--- ~~~- ~-;,~~ ~ ~~~"~~ The ~ ~ - Parcel 65, Land Court ~~_ Residential-Commercial. ~_` et R 'ON the f AY ,ue l ~ 1 s' ~Con~ ret l suc L) oc 8. TY nd a: ~ comb ?ile ' t 4 B F , Lc ~4a.o V lam" c~~~ n id ~n 5 ions be ;ail .4.2, i~ Dale W. Waine, Chairman RECEIVED TOWN CLERK'S OFFICE NANTLI~ ~~~' n R ^ n2554 AUG 2 1 1998 TIME: ________ CLERK: '~E IS AVAILABLE IN LARGE PRINT OR CQTHCR THIS NOTIC, t~ ~ TIVE. FORMATS,, FOR _ ASSISTANCE ,ALL _ -._ -- gLT~RNA _ _ -- ..._ . _ . - - - (.50~~ 2~8=721. 1,~ BoA Form 2-89 NANTUCKET ZONING BOARD OF APPEALS TOWN.AND COUNTY BUILDING NP?~ITUCKET, MA 02554 ASSESSORS LIST OF PARTIES IN T_NTEREST PROPERTY OWNER: ~I000nC~~-I-y ~~w~<~d No~i~ 7r APPLICANT FOR RELIEF (SAME? ) ~,A- (GINDa~ ADDRESS OF PROPERTY : L'I ~ DAB S~' ASSESSORS MAP & PARCEL: NZ % oZ - Io~__ - LIST OF PA~ZTIES INCLUDING ADDRESSES* (OR SEE ATTAC'riED 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 a:~d 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)}. N ~g C Date P.ssessors Office Town of Nantucket "NOTE: Applicant (petitioner) should include with the lot for which zoning relief is sought, any commonly-owned abutting lots which might beco:~e involved in the zoR€L1~IV~G matter. List rap ard`~-c~~:~cei s for each abutter. TOWN CLERK'S OFD CS4 NANTUr~!~T ~' ^ ~'~ - AUG 2 1 1998 ~`, AU~~ 3 X998 TIME:---- _ - '~ ' _ ----_ .__... ___~-._ CLERK: 08/14/98 TOWN OF NANTUCKET 10:50:15 OWNER'S MAILING ADDRESS LIST Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Location 4242 0012 NANTUCKET YACHT CLUB PO BOX 667 0001 S BEACH ST NANTUCKET MA 02554 4242 0013 WOODS HOLE MARTHAS VINEYARD & BOX 276 0027 STEAMBOAT WF NANTUCKET STEAMSHIP AUTH NANTUCKET MA 02554 4242 0101 *NANTUCKET TOWN OF 0016 BROAD ST 0001 STEAMBOAT WF NANTUCKET MA 02554 4242 0014 WOODS HOLE MARTHAS VINEYARD & 0001 STEAMBOAT WHARF 0001 STEAMBOAT WF NANTUCKET STEAMSHIP AUTH NANTUCKET MA 02554 4242 0015 WOODS HOLE MARTHAS VINEYARD & PO BOX 284 0003 STEAMBOAT WF NANTUCKET STEAMSHIP AUTH WOODS HOLE MA 02543 4242 0016 ARNO JOSEPH V PO BOX 1319 0031 EASY ST NANTUCKET MA 02554 4242 0017 JUDSON J RICHARD & CAROLYN PO BOX 368 0029 EASY ST FRENCH TRUSTEES ETNA NH 03750 4242 0018 ARNO JOSEPH V PO BOX 1319 0027 EASY ST NANTUCKET MA 02554 4242 0020 INGALL FLORENCE PO BOX 1222 0021 EASY ST C/0 CLIFFORD MRS F NANTUCKET MA 02554 4242 0066 FEE HENRY W JR & SANDRA G PO BOX 1077 0002 BROAD ST NANTUCKET MA 02554 4242 0064 YOUNG ROBERT A PO BOX 1229 0006 BROAD ST C/0 HARVEY A YOUNG ENTPR INC NANTUCKET MA 02554 4242 0063 GLIDDEN WALTER D JR ETAL 0041 LIBERTY ST 0008 BROAD ST NANTUCKET MA 02554 4242 0062 MCCONARTY EDWARD NOTIS TR 0004 BROAD ST 0010 BROAD ST C/0 CAMERON WILLIAM NANTUCKET MA 02554 4242 0072 GLIDDEN WALTER JR ETAL 0041 LIBERTY ST 0008 BROAD ST NANTUCKET MA 02554 4242 0071 GLIDDEN WALTER D JR ETAL 0041 LIBERTY ST 0008 BROAD ST NANTUCKET MA 02554 4242 0070 TEIXEIRA MARIO TR 0035 MAIN ST 0010 S BEACH ST EXT HARBORVIEW SHOPKEEPERS NANTUCKET MA 02554 4242 0067 YOUNG ROGER A & CYNTHIA N PO BOX 1229 0028 EASY ST 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 0073 OSLEY PHILIP A & RUTH E 0012 BROAD ST 0023 S WATER ST NANTUCKET MA 02554 4242 0102 JOHN B ARNO INC 0007 NORTH BEACH ST 0021 S WATER ST NANTUCKET MA 02554 4242 0028 TEASDALE ANN R PO BOX 157 0019 S WATER ST TIMMS NIGEL JOHN NANTUCKET MA 02554 4242 0029 *NANTUCKET 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 PO BOX 659 0002 S BEACH ST SANDRA NANTUCKET MA 02554 4242 0061 NANTUCKET HISTORICAL ASSN PO BOX 1016 0015 BROAD ST NANTUCKET MA 02554 PAGE 1 MUAS750 8.5 08/14/98 TOWN OF NANTUCKET OWNER'S MAILING ADDRESS LIST ' 10:50:15 Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Location 4231 00112 DREAMLAND THEATRE INC PO BOX 547 0018 EASY ST NANTUCKET MA 02554 4231 00111 DREAMLAND THEATRE INC PO BOX 547 0017 S WATER ST NANTUCKET MA 02554 4231 0012 WINTHROP NANTUCKET 2 REALTY TR po box 359 0015 S WATER ST C/0 SHERBURNE ASSOCIATES NANTUCKET MA 02554 4231 0013 KILLEN ANN S TR PO BOX 1166 0014 EASY ST LOBSTER POT NOMINEE TRUST NANTUCKET MA 02554 4231 0076 HESS WALTER R TR PO BOX 359 0011 S WATER ST SHERBURNE ASSOCIATES R T NANTUCKET MA 02554 4231 0078 KILLEN PAUL BRUCE & PO BOX 1166 0010 EASY ST LOTHIAN D K TRS ETAL NANTUCKET MA 02554 4231 0017 HURD PETER K & ANNETTE M 302 NEW YORK AVE 0007 EASY ST HUNTINGTON NY 11743 4231 0074 NANTUCKET ATHENEUM LIBRARY PO BOX 808 0001 INDIA ST NANTUCKET MA 02554 4231 00102 KATSAPETSES THOMAS N TR 0146 THURLOW ST 0008 OAK ST THOMAS N TRUST GEORGETOWN MA 01833 4231 00103 TRUDEL JOHN F III & JOHN F II 6 OAK STREET 0006 OAK ST & JOYCE NANTUCKET MA 02554 4231 00101 WALSH CHARLES L TRUSTEE PO BOX 1409 0004 E CHESTNUT ST FOUR CHESTNUT NOMINEE TRUST NANTUCKET MA 02554 PAGE 2 MUAS750 8.5 NUMBER OF RECORDS = 37 i(- ~it'~•.. yFw,,~ M,;. >BoA Form 1-89 :,:, r,a•. ~' Owner's name(s): Mailing address: Applicant's name: NANTUCKET ZONING BOARD OF APPEALS TOWN AND COIINTY BIIILDINO Da NANTUCKET, MA 02554 ~~~- aq CASE APPLICATION FOR RELIEF No ~ C_~(, EDWARD NOTIS-MCCONARTY, TRUSTEE OF ~CI~ ~~~~`~ IV & X BROAD STREET REALTY TRUST `~r,., °` 7:`I'~('~' c/o Theodore L. Tillotson, P.C. ~• " P.0. Box 1530. Nant»rkat. MA 0.554-15'10 Nantucket Zoning Board of Appeals Mailing address: 37 Washington Street, Nantucket, MA 02554 Location of lot: Assessor'& map and parcel number~2;~~-- 65 Street address: H Broad Street Registry Land Ct Plan, ~[~)~IxBS-~X$CXD[d,~x4T]~xP~YJff}CF~7@7C #8755-F Z.ot 14 C/T Date lot acquired: x_/74 Deed ReP15 ,076 Zoning district R-C Bicycle sale and auto & Uses on lot -.commercial:'NOne or rentals, retail sales MCD? No - number of: dwellings ~ duplex ~ apartments ~ rental rooms 0 Building date(s): all pxe-8/72? Y or C of O? Building Per:ait appl'n. Nos. 7/6 - ~P' Case Nos. all BoA applications, lawsuits: 024-9.2/024-98/035-98 State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose compared to present and what grounds you urge for BoA to make each finding per Section 139-32A if Variance, 139-:OA if a Special Permit (P:td 139-33A ifx to alter or extend a nar,con~'orming use). If appeal per 139-3~A &-B _ , attach decision or order appealed. OK to attach addendum . The Zoning Board of Appeals is appealing the decision of the Building Commissioner to issue Building Permit No. 716-98 to allow use of a space in a commercial building as a separate retail space from the other uses on the Premises. The owners were denied such a separate retail use in this space on two (2) occasions in BOA Decisions Nos. 035-98 and 060-98. The Board is appealing under Nantucket Zoning By-Law §139-31 and asking that said Building Permit be rescinded immediately in order to comply with the denial of said retail use in this space. Items enclosed as part of this Application: orderl / addendum2 1/ Locus map- Site plan showing present +plan~ structures Floor plans present proposed- elevations (HD~ppproved?_). Listings lot area ~`rontage setbacks GCR parking data Assessor-cartifie3 addressee I~t 4 sets -ma~l ni g labels 2 sets_ 200 fee payable to To~.,•n of Nantucket proof 'cap' covenant (If an appeal, ask Town Clerk to sen3aldg Comr s record to BOAT I certify that the requested information submitted is substantially complete and true to the est of my knowledge, under the pains and penalties erjury. SIGNATURE: Applicant ,~, Attorney/agent 3( not ownex or owner's attorney, enclose proof oP authority) FOR BoA OFFICE USE Application copies recd: 4___ or_ for BoA on_J_/_ by one copy filed with Town Clerk on_/_/_ by complete?_ One copy each to Planning Bd and Building Dept_/,_/_ by $200 fee check giYen Town Treasurer on_/_/_ by waived?_ Hearing notice posted,-/-/- mailed_„_/~_ I & M_/~_, _/~_ Hearing(s) on,_/,_/_ cont'~:~ to_/___/_, ___/,_/_ withdrawn?~_/_ Decision due by_,/_/_ made-,/-/, filed TC_/~_ mailed_/_/_ See related cases lawsuits other TOWN CLERKSEOFFICE NANTL-rKET, MA 02554 AUG 1 2 1998 TIME: CLERK: ~ _ ~ ~ ,rti-~ BUILDING AND CODE ENFORCEMENT DEPT. TOWN BUILDING ANNEX 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 Telephone 508-228-7222 Tele Fax 508-228-7249 June 15, 1998 Board of Health Town of Nantucket 37 Washington Street Nantucket, MA 02554 Re: 4 Broad Street. Parcel 4-C• Zonin Review Dear Members of the Board of Health: John H. Dunn Building Commissione Please be advised that I have reviewed the proposed use of the above-captioned paroel owned by William Cameron and loaned for use as a gourmet Italian ice and packaged candy store and find that there is no requirement pursuant to the Town of Nantucket zoning by-Iaw for the applicant to obtain a special permit to operate the said gourmet Italian ice and packaged candy store. Although application of the current by-Iaw to the parcel in question would require a parking space and loading dock, this parcel has been the site of a separate retail use since prior to the effective date of the Nantucket zoning by-Iaw in 1972. Mr. Cameron, through his counsel, has submitted to me by means of a letter dated May 7, 1998 and a~mP~Y~ affidavit, sufficient evidence and facts in support of this non-conforming uae. Accordingly, the use of the site is entitled to the protection of Massachusetts General Laws, Chapter 40A, §6 as a valid, pre-existing, non-confornng use, There is, accordingly, no zoning permit required for this use and I would urge you to issue a food handlers' pemut if the application for same is in order. Please do aot hositate to call me if you have any questions. Sincerely, t Jack Dunn Building Commissioner Town of Nantucket ~ -n •v -~ ~ ~ ~~ _' _ ~~~-i (~ ~ D ~ -o ~ C7 u'~m o ~ „ ~ Dv~ ~ °Dv ~ C Dam= ~ ~ ooo~ ~ -1 -rC -i r m ~ o m Q ~~o m ~ Dnm °r°vc v rn~r m _ v z Z o~ D o~ C7 ,~ O Z 0= ~ n ~ n v~ O ~~ ~ o= ~ zm ~ -+ v c -Dt C~ O m m co ~m z ~ ~, -i o ~' = c ~ m ° -~ -v ~ ~ ~ ~~ m r„ _ N ~ .~ m m ZO ~ ~~ rD, D rm ~~ m C ~D rn om ~O nn ~c o .~ zD z <~ rn~ rn~ zm ~~ ~~ ZC mm vo Dc Z .~ ~ ~ vz ~m v~ ~~ z m~ ~_ -v ~ ~v m ~~ D~ m~ zz m~ ~D o~ ~m W O O ~7pzm moo„ z z r m ~Dm~ cnzZCn zm--~z m~omn ~n ODr~ z -_+ °_ =i z~ o~~ z--~°= -ziODcn nm~~ ~_ O,z.,-I ocnD= s70°~ ~~~o c~i~~m-" D? O ~~ cy0~ cnZ<_0 ~rn~i ~z~m ~zOm n ~ m cD=~ m ~v~o ~zDi= m p •~ m D m~D~ ~~~D ~oio ?o-nmz O D m v Z m ~_ O O 2 m m -~i m ~~ ~~ Z O t 0 ""' m 0 0 z ~. ~: U4 Fd O ~~ ~~i -o m N 0 Cam') A v> ~~ V~ ~ /~ -~ .U °~;3- JJ -c'1 •- ~'1 T, ~._: n L ,_ _; ~ _ ::; r ~ - / =~ ~;; ~:, ~. m ^~ ® 0 ~~ Z Z ~ 0 o O z ~~ ® ~ Z rn ° D D~ ~~ D x ~~ C N rn ""' rn I TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: May ~ 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.: 035-98 Owner/Applicant: EDWARD NOTIS-MCCONARTY, TRUSTEE OF IV & X B RROAD 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 TWEN'?'Y (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. Dale W. Waive - 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. J' TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 Assessor's Parcel 65 RC Map 42.4.2 4 Broad Street Land Court Plan 8755-F`, Lot 14 Cert. of Title 15,076/55092 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., Etiriday, April 10, 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 Tillotson, P.C., P.O. Box 1530, Nantucket, MA 02554, Board of Appeals File No. 035-98, 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 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 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. 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 made a favorable recommendation stating that the proposed minimally sized retail space would have an imperceptible impact. 3. Applicant, through counsel, represented that the subject space was currently used in conjunction with the car rental business permitted in BOA Decision 024-92. The use in the subject space was being removed and Applicant proposed to lease the space for retail use separately from the Nantucket Bike Shop. The 95+ square feet of space would possibly require one (1) parking space for the retail use and one (1) for up to three (3) employees, though one (1) employee was currently contemplated. The structure consisted of the Nantucket Bike Shop and a separate 250+ square-foot space that was the subject of a Decision issued in BOA File No. 024-98 in which a take-out food establishment was allowed with parking and a loading zone waived. Applicant further represented that the subject space had existed separately from the Bike Shop prior to the Decision being issued in BOA File No. 024-92. With the change in use the building would contain up to three (3) separate commercial entities. 4. Therefore, a simple majority of the Board finds that the addition of a third separate use in the existing structure would constitute a too intensive use of the structure and would be more detrimental to the neighborhood than a maximum of two (2) separate uses in said structure. All Board members find that there was not enough documentation of the pre-existence of the subject space from a time prior the 1972 enactment of the Zoning By-Law to the present without a three (3) year gap to grant pre-existing status to the space as a separate commercial space from the Nantucket Bike Shop. Two (2) members of the Board feel that impact of the use of less than 100 square feet of space for a separate retail entity would be de minimous, having no adverse affect on the already highly trafficked commercial neighborhood in which the Locus is situated, and that a waiver of parking and loading zone requirements would not be substantially more detrimental with on-street loading zones proximate the Locus and consistent with previous relief granted by this Board, including in relation to the same property. 5. Accordingly, upon a motion to approve the requested Special Permit relief with the condition that there be no other food service establishment on the premises other than the fake-out food establishment allowed in the Decision in BOA File No. 024-98, two (2) members (Williams and Parent) voted in the affirmative and three (3) member (Waive, Sevrens and Madden) voted in the negative. Needing a vote of four (4) members to grant relief, relief is hereby DENIED. Dated: May ~ 1998 1 Nancy Sevren Linda F. Williams Dale Waive t., Timothy Madden D. Neil Parent ~; ~< .r _ TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 July 20, 1997 Libby Gibson, Town Administrator Town of Nantucket Town and County Building 16 Broad Street Nantucket, Massachusetts 02554 Re: BOA Decisions No. 024-98 and No. 035-98 4 Broad Street. Nantucket Dear Libby: The Board has requested that I inform you and the Board of Selectman of the Building Commissioner/Zoning Enforcement Officer's decision to issue a building permit (No. 716-98 attached) for a retail store at 4 Broad Street after the Board denied relief to issue this permit twice. Attached please find the Board's June 16, 19981etter explaining this issue in detail, along with a letter from the Commissioner issued the day after the Board's second decision denying relief in this matter. Discussions with the Commissioner have proved fruitless. Beyond the permitting of this store, why should the Board hold hearings and make decisions if the Commissioner is only going to enforce only those decisions that he agrees with. The Board is dumbfound and upset. Under the Zoning By-law, the applicant should have appealed the Board's decision to the court. Unless the Board of Selectman can resolve this situation, the Board feels it must appeal the decision of the Commissioner to issue the permit for a retail store at 4 Broad Street. On appeal under By-law ~ 139-29 the Board has all the powers of the Commissioner. ~ On a separate matter, the Board is concerned about the Commissioner's decision to permit Surfside Subs to open at 1 Windy Way. The Board granted relief to allow this take-out establishment at a hearing on April 10, 1998 (BOA Application No. 042-98). That decision was appealed to the Land Court by an abutter and has not taken effect. After the complaint was filed, the Commissioner issued a permit fora "commercial kitchen and merchandizing (sic)"(Building Permit 660-98 attached) and it appears that the proposed take-out sandwich shop is opening at 1 Windy Way. Your immediate attention to these matters is appreciated as the Board will be holding a Special Meeting on July 28, 1998. Should you have any questions or need further information, please give me a call at 228-7215. Ve ly Paul S. Je sen Administrator enclosures Cc: Nantucket Board of Appeals Jack Dunn, Building Commissioner John Pagini, Planning 2 TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 Richard Ray Health Inspector Town of Nantucket 16 Broad Street Nantucket, MA 02554 June 16, 1998 RE: 4 BROAD STREET Dear Richard; Please be advised that this office is in receipt of a copy of a letter, dated June 15, 1998, from Jack Dunn, Building Commissioner, in which he stated that he had reviewed the proposed use of a portion of the above-captioned property owned by "Edward Notis-McConarty, Trustee of IV & X Broad Street Realty Trust", and not "William Cameron" as stated in said letter. This office would like to take this opportunity to detail the property's history with the Board of Appeals. This property has been before said Board four (4) times over the past six (6) years, most recently in BOA File Nos. 024-98, 035-98 and 060-98. - In 024-98, a Special Permit was granted to allow the use of 250+ square feet of floor space on the easterly front portion of the existing structure for a take-out food service establishment, as well as Special Permits waiving parking and loading zone requirements. In condition "c.", no other uses, other than as a bike shop and those permitted in BOA File No. 024-92 (car rental service), were permitted without further relief from this Board.. - In 035-98, a Special Permit was denied to allow separate commercial use, from the bike shop, of the subject 100+ square-foot in the westerly front portion of the structure. Members felt that A¢~plicant did not prove the grandfathered status of this space as a separate commercial space from the bike shop use and further felt that a third separate commercial use in this structure would be too intensive and would be detrimental to the neighborhood. A motion was made to allow the separate use of said space with the condition that there be no other food service establishment in the structure and relief was still denied. - In 060-98, Applicant brought the matter back to the Board for further review on June 12, 1998. Normally when an Applicant is denied relief there is a two-year prohibition from returning to this Board for any relief similar to what was asked for and denied. Applicant followed the proper procedure to return earlier by seeking and receiving permission from the Planning Board to ask the Board of Appeals for a re-hearing. The Board again denied Applicant's request for relief after reviewing the new information referenced in Mr. Dunn's letter. Please note, this decision has yet to be filed, whereupon the Applicant would then have twenty (20) days within which to appeal our decision to court. No such appeal was filed relevant to BOA File No. 035-98, and said appeal period has since expired. This office would like to clarify and correct certain statements made in the above referenced letter: 1. Contrary to the opinion expressed by Mr. Dunn that no relief is necessary for the proposed use, under the Nantucket Zoning By-Law, a Special Permit under Section 139-9B(2)(o), only available through this Board, is necessary for the sale of gourmet italian ice. This use requires a food service license from the Town and is considered a-take-out food establishment: Retail by itself is a use that is permitted under the By-Law without relief from this Board, provided certain zoning requirements are met. 2. While no parking or loading zone are provided for the subject space, a change in use would arguably require Special Permit relief from this Board to put the take-out food establishment in this space, just as the Applicant was required to do in BOA File No. 024-98. The parking calculation for a take-out food service establishment is higher than for retail. As the Applicant did not prove any grandfathering as to take-out food use, a Special.Permit would be required to change the use to such a use as parking could not be provided to meet the By-Law specifications. 3. The Board reviewed the same material that was submitted to Mr. Dunn and came to the conclusion that the Applicant did not prove conclusively that the subject space was grandfathered as a separate commercial space from the bike shop, continuously from a time prior to the 1972 enactment of the Zoning By-Law to the present without a three (3) year lapse in use as a separate commercial space. The Board found that the 100+ square-foot space was not a valid pre-existing non-conforming space. 4. On two (2) occasions the Board of Appeals has denied relief for this request, though no Special Permit relief to change the usc~ specifically to a take-out food service establishment has been applied for to date, and ruled that the space was not grandfathered and had to be used in conjunction with the bike shop use. We fail to see how another opinion rendered after our vote on June 12, 1998, contradicting our findings has any merit. In conclusion, Applicant has simply not received the proper relief from the Nantucket Zoning Board of Appeals to operate a take-out food service establishment, and, in fact, has been denied use of said space as a separate commercial space from the bike shop use. If you have any further questions, please do not hesitate to call the staff in the office at 228-7215. Sincerely, ~~~ cam. Dale W. Waine, Chairman Zoning Board of Appeals encls. cc: Jack Dunn Libby Gibson Board of Health RT TTLDING ,AND CODE ENFORCEMEN`T' 1~~Y`l: TOWN BUILDING ANNEX 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 Telephone 508-228-7222 Tele Fax 508-228-7249 June 15, 1998 Board of Health Town of Nantucket 37 Washington Street Nantucket, MA 02554 Re: 4 Broad Street. Parcel 4-C: Zoning Review Dear Meanbers of the Board of Health: John H. Dunn Building Commissione Please be advised that I have reviewed the proposed use of the above-captioned parcel owned by William Cameron and Ieascd for use as a gourmet Italian ice and packaged candy store and find that them is no requirement pursuant to the Town of Nantucket zoning by-law foe the applicant to obtain a special permit to operate the said gourmet Italian ice and packaged candy store. Although application of the current by-Iaw to the parcel in question would require a parking space and loading dock, this parcel has been the site of a separate retail use since prior to the effective date of the Nantucket zoning by-Iaw in 1972. Mr. Cameros, through his cownsel, has submitted to me by means of a letter dated May 7,1998 and accompanying affidavit, sufficient evidence and facts in support of this non-conforming use. Accordingly, the use of the site is ontitled to the protection of Massachusetts General Laws, Chapter 40A., §6 as a valid, pre-existing, non-conforming use. . There is, accordingly, no zoning permit required for this use and I would urge you to issue a food handlers' permit if tho application for same is in order. Please do not hositate to call me if you have any questions. 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' 241 ~ $~f (67.4%) BgOA 42.64' #6 42• NIF 64 NG ROBERT A ~oU #4 S-FOR`! w IF ~ ~ IS RvG-SURE 243 S,F .~ \\ \` ~a Ext. ~05~ tic 82• e iJ.r Se 266 4 42• NwF FEE ~T. ~ NENR~f ~ FtiE SAi'iD~ S Fekncee i % "' ~ . 4.2' 6~ c ~. / ~ S A ~ ouw ~ 42.4.2'6 cr_ SRS`-~.~ ~R ~oEC r[ o g~ NIP ,~OVNG ROBERT ~' - 3//1(78 ORIGWAL SIGNED AND STAMPED COPIES OF THIS PLAN MAY BE PHOTOCOPIED BY THE BOARD OF APPEALS OR THE NANTUCKET COUNTY REGLSTRY OF DEEDS FOR RECORDING PURPOSES. IN CASES OF DISCREPANCIES REGARDWG INFORMATION CONTAINED HEREON AND UNAUTHOR¢ED PHOTOCOPIES OF THIS PLAN, ONLY ORIGINALLY STAMPED AND ENDORSEDED COPIES SHALL BE ACKNOWLEDGED BY THE CER11F1'ING LANG SURVEYOR. THIS PLOT PLAN YIA.S PREPARED TO ACCOMPANY AN APPLICATION TO THE NANTUCKET BOARD OF APPEALS AND W NOT TO BE CONSIDERED A FULL WSTRUMENT SURVEY. THIS PLAN SHOULD NOT BE USED TO ESTAALISH PROPE-n1' LIN S. FENCES, HEDGES OR ANY ANCILWtY STRUCNRES OV THE PREMISES. THE PROPERTY ONES SHOWN RELY ON CURRENT DEEDS A,ND PL4NS OF RECORD. Plot Plan 'to accompany Board of Appeals dppltication tin Nantucket, Massachusetts SCALE: 1'=15' DATE: 3-17-98 Owner. EDWARD NOTIS-McCONARTY Trustee ......................... 4 & 10 BROAD STREET REALTY TRUST Deed/CerL• ,15,076 plan. L_C.C. 8755-F P: 42.4.2-65 .. L'o7' 7'4' Tax Ma .. Locus:4 .ROAD. ST.. Ext, THLS PLOT PLAN IS NOT A CERTIFlCATION AS TO TU THE TffLE OR BI+dCKiIEI.L ~ ASSOCIdTES, InC. OWNERSHIP OF THE PROPERLY SHOWN. OWIJERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDWG TO CURRENT TOWN OF NANTUCKET ASSESSOR PrOf8J3{OriCl IaTtB SwvQyors ~CO~• 6 Young's 1Payy~ THIS PLAN MAY NQT BF USED TOR ANY OTHER PUfiPG~E THAN (TS Nantucket, Massachusetts 02554 UfTENDED USE NOTED ABOVE. psla~~~l a As~oeiatm ~. ~ FBK.: 680 (sob) zee-90ze B- 5083 ,. .• .o _ / ~ ,/ i , i ST i / /~ ~/ i i r ~ ~/ _~ ~~ f ~ • t r ~~ ~.~' ~s MAP 42.4.2 PARC~ 65 ~/ + ~€ ~~ ~~~~~~~ t • ~ ~ •'M~~` t~ s~ tfs<s °f - ~e~ ~M~ tM~ 1/ s Y S~ . ~ 1 ` •~ w ~f •s~ 4t a~Et it Ii ~,~ ' :~ ~ ~ i ~ I;: :. ~~~; ~~ 0 0 .o ,' .~°, si r ~ ~ N w r ~',~ `~::rj ~ a u n is Y wAY i •'. •i' ''. • ~~ ~ ~ Ts i ~ _ r s i' s ~ w ~~ t rr~ T M At • a y . r~ To ss ro `~ `f u ~ \lln\' ro ~' s t ~+ ~ l~ s ~ ss y st sS~E6 r t ~~~.. "" ~ ~ w a o ~' As i- <<.t-tl ~: .~ ~l'c~~~~» ~t.»cl (..'c)it ilt~~" cif' ® W SCHOFIELO BR07HERS, INC. ~~ w r. ~ rROI[fSiONAI ENCiNEERf • RECIfTEREO tANO fYRYErORi ~ p ,,. T ~ j -T T 1iA fEOERAL fT~ NANTYCR[T, MAff. Z M W CKE o O titi~l~C'~itt- .s~I~Lt;tiiL('lltttiE'tt~ti .,>•,..,.,_wc ,~~ o® ?, ` LL ~: ;~. N ~ M N ~\ • J f l i 14 MtN~O N N N ~:M TOWN OF NANTUCKET BOARLI OF APPEALS NANTUCKET, MASSACHUSETT'S 02554 Date: August S 19 98 To: Patties in Interest and, Others concerned with the Decision of the $OARD OF APPEALS in the Application of the following: Application No.: 060 98 Owner/Applicant• EDWARD NOTIS-MCCONARTY, TRUSTEE 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 Tawn 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 within 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 Tawn Clerk so as to be received within such TWENTY (20) days. cc: Town Clerk Planning Board Building Conuc-issioner ~ PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMT.T AND WILL EXPIRE IF NOT ACTED UPON ACCORDING~TO NANTUCKET ZONING BY-LAW $139-30I (SPECIAL PERMITS); §139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD dI' APPEALS. i0'd kiHZ 1371~~1h1k1N T~:b~ 866S-~t-~f1H TOWN OF NANTUCKET ZONING BOARD OF APPE~~,S 37 WASI~NGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 Assessors Map 42.4.2 4 Broad Street Parcel 65 Land Court Pian 8755-F, Lot 14 R-C Cert. of Title 15,076 At a Public Hearing of the Nantucket Zoning Board. of Appeals held at 1:00 P.M., Friday, June 12, 199$, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of EDWARD NOTIS-MCCONARTY, TRdJSTEE 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-I8B(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-I,aw §139-2GC to waive the loading zone requiz'ement. 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 botrk 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±96 in a district that allows a maximum of 30% for undersized lots; and as to parking and loading zones. See also BOA fide Nos. 024-92 and 024-98. The Premises is 3.ocated 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 sew information submitted with this Application that allegedly substantiates Applicant's claim of grandfdthering of the subject space as a separate commercial ~0 ~ d HS77 I x'71^.f"l I hIHF.I T[^ . ~,T occ t r-~r nr~u ~~ ' d ~bi01 space, made a favorable recommendation. There were seven (?) 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 Agpeais 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 yap. 4. After due Consideration of the new material by ail merr:bers, 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 (Waive 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 (~) opposed (Waive, Williams, Toole and Madden) DENIED the rarr,~oc*o.~ ,-vi ; oa RECEfWE~? TOWN CLERK'S G~ ~;~ ;_~~_ NANTUC'KFr P ~ -~~,~ AUG 13 1~G~3 TIME: