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Home My WebLink About006-81BOPRI~ C7F' APPF~L.S ~ ~ ~ r I~~antucret, N'assachusetts DECISICJN At a meeting of the B~1~P.n ~' ApPFAT.' he1.d May 8, 181, at 3:00 ?~.m. , in the mo~~l and County Building, ira the matter of the application of F0.`?'L~3~ I(L~~'~'~N (005-81) , after due de1_i_k~cxatic>n, the Board ~'our~d: 'r'~lis is an anz~lication for _re-hearing of the ~ll~nli_r_ation for a Special :~exmi.t to a11.ow the construction of ara aclclit~ on to an off ice txri.l.di_ng at 14 South fates street. '~1-~e original anF~li_cati.on was denic~ on Fe}~ruary 25, 1.981, I~r the dE_acision at.tact~eci hExeto. I7loreaftc~r, arxl within the ar~rY~al mrJrxl., tre tn~licant recTuest~ this hearira<a by letter dated r"arch 16, 1981, and he v?as arant~l a re-hear. ing an April. 10, 1Q81., at c-~Ylich he su.~rnitted further plans and arc~Inei ~t on his behalf , 1. mhe basis .fear the re-hearing is a revised set of_ >71.ans included in the case file as Plan B dated P.pri l_ 10, 1981. I~cording to these r_~1ars, the F~,nl?_cart seeJ-s to enlarge his e~~i.sting law office };~._~ construction of an addition ?_4' x 20' . 'T'here ~ril1 be no retail. store. '?'he a.dditi.on will contain an office, conference rocri, aryl 1i.r:.rary. '~lz~~ remaining facts concerning; this Iron-conformincr lot o~ 2144 scnlare feet are set forth i.r. our. earl? er der_•i~~ion. 2 . ~ ~. ma j or i t~~ of t'~e Board f i 2~d ~; t}~ i ~; 1 of to he non-conf ormincl because of I~r-ev.i_ous sales of adjo.ininn land, v~her~,r,~,, an ex?~x-uzsion of_ 1-}-~e huil.c3inc~ ~•.~uld r_ec~uire a variar~e, the ~>tdtutar ~ reauir~~- nlenis for 1~ahich ~~ave not been mot. ".'her.efore, thc> ~_~I~r.,licati_on fir r~~l.ief.. is dE~nieil by vote of 2-l. F~~7'nn C'F PPPFAI .l ! ~ < r l: t ~:~ ~ .; I cti~~uld tote to grant t3~is ac~r,lis~:at.:ior7 ~3s an extension of. a non- CC~I1f C~T'illing la St' 1'?;~ ~j->~'C la 1 PE'.YZi11t . Q ~~~~~~ ~-~, ~~ .- ~~~ ~'~"-~- i ° '~ s' ~' ~''~' ~' J Town of Nantucket a ~~ r Zoning Bonrd ~- f A~-~-ealrs Nantucket, Masa. 02554 March 12, 1981 Re: Foster Herman (006-81) Enclosed please find notice of a decision of the BOARD OF APPEALS which has this day been-filed with the Town Clerk. ' Any appeals from this action shall be made pursuant to Section 17 of Chapter 40A of the C.-eneral Laws, and shall be filed within twenty (20) days after this date. Robert F. Mooney, Chairman NANTUCKET BOARD OF APPEALS ^~ . J BOARD OF APPEALS Nantucket, Massachusetts DECISION: At a regular meeting of the BOARD OF APPEALS held on February 25, 1981, at 3:00 F.PR. at the TO4IN A.TTD COUNTY BUILDIN(', in the matter of FOSTER HEp.D~AN (006-81) , after due deliberation, the Board found: 1. This is an application for relief from the provisions of Section 5 of the By-Law, and from an adverse decision of the Building Inspector in denyincr a huilding permit ',for construction of a commercial addition to a building ';gat 14 South Water Street in an area zoned Residential/ ;;Commercial. The Applicant seeks to construct two retail :'stores on the first floor and an engineering office on ,' the second floor of the addition. This is an applica- ~jtion for a different use of the property as this Board 'I denied an application for a Chinese restaurant on the same site in 1980. i '. ~~'~~2. The Applicant has about 2,144 square feet of land in 'this property, which makes this a non-conforming lot in ~a 5,000 square foot area. It is partly occupied by a ;.law office building, from which he would remove a porch to relieve the ground cover necessary for the proposed ;.addition. He contends the nr.esent use of the property is uneconomical, constituting a hardship and forcing !'him to maintain a vacant lot in downtown Nantucket. The ;property was acquired in 1976, but the sale of adjacent .buildings has left this lot with insufficient area. The j; Board finds this property is located in a fully-developed `'commercial area of Nantucket. No parking space is pro- ~vided to accommodate the proposed uses. Opposition has l~been registered by the Building Inspector and the Plan- fa ning Board, ~~3. A majority of the Board finds this to be a situation ~Ewherein a variance is required to permit further con- !'struction on this lot, and that the statutory require- ~;ments for hardship have not been met. For these reasons, i; the application for relief is denied, by a vote of 2-l. ,; 3' ~~--~`"'~ ~ ~~ ~"~~~ BOA_RD OF APPEALS J~~ ~' ~;~,~_ ~ ;C.d i~_ o~ ~~ ... . / , ~.- i ~ ->>J i; ~ 'iI would vote to grant this application as an extension ~~of a non-confforminq use by Special Permit under Section 7-H. ` j ; ! i ~ o" r)/ ~\ NOTICE t0 A Public Hearing of the BOARD OF APPEALS will be held FRIDA`I, FEBRUAR`I 13, 1981_, at 3:00 P.M. , at the TOW?'1 AND COt~NTY BUILDING,, FEDEF?AL ANn BROAD STREETS, NANTU(.KFT, on the application of FOST~?R HERMAN for relief= from SECTION V of the Zoning By-Law and a decision of the Building Ins~>ector in order to permit the construction of an addition to ari existing build- ing for stores and office use. Said property is located at 14 Sout'~iL~Tater Street and is zoned RESIDENTIAL/ COP~~IE~?CIAL. ~~~~~ ~~ -_ b ~,~.a~-+ SYSJ~- 0 BOARD OF APPEALS Robert F. Mooney, Chairman f. T?-1 FEE $ 50.00 Case No. n (~ L- 4 f ,4PPLICATIQN TO THE BOARD OF AFPEALS To the Members of the Board of Appeals: Nantucket Massachusetts The undersigned hereby applies for relief from the terms of the (ZONING BY-LAW) {BUILDING CODE) on property described below: Location of Property ~1~. ,,t~~i,,rr . ,ztc;r _. ~r~t I.at No. Plan No. District is Zoned for ~'e:~ ~.' ~ ~ ~t ,z i. ~; ~ . ~ •c i ra Type of structure (Existing ar Proposed) or proposed use: "tare;, .. ~~:~f' _ c C)wner's T1ame _ ~:_~~~. ~: w. I . ~~ :~, ~ Owner's Address ~::~~c, _r ,:: ~:'_., :~>> :~~: ~ ~ ~ ~r , asp VJhen did you acquire this property? ~ ;%` Has applicatian been filed at Building Department? Y`~~~~ Has any precious appeal been made? xxx yes, but for difference use. Section of gy-~.aw or Code from which relief is requested: ''~~ r ~~~ ~ ' ~, iil~' _. ,:.' t,~~ t~ ,~:,~.ze .z ~ l _ .. ~~ :'~=rr ~:.t and relief from Section V- roun over - o t e on~ng y- aw in or er to construct an addition to existing building, Reason for asking relief: '~"~~~' t~'r ~'~~ ~; ' ~ = t ~ c ~ ~~„t ~^uct ~~ z .;,- - ~:: . _ ~ _ ,~;; ..:ail ? i i€1 .---~ ; Signature of applicant ~ , ~ `_r rte _ ~• ATTACI3: (1) A list of the names and addressee of each abutting owner and owner abutting the abutters. (2) Check in the amount of $50. 00 made payable to the Town of Nantucket. (3) Map or plan showing the location of the property to be considered. (4) If the applicant is other than the awner, please indicate .your authority to make this app~.ication. EOA:tD' S DECISION Application submitted to Board ~~ f'~dvertising dates 1)~ Hearing date _ Becision of Board __ _ Decision filed with the Town C'l.~rk x v • " r f y` {_ ~ ' I--,. 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