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Town of Nantucket
Zoning Board k-J Al-~-e~rlx
Nantucket, Mace. 02554
r?ay 19 , 19 81
Re:
KALA CORP. (026-81)
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Enclosed please find notice of a decision of the
BOARD OF APPEALS which has this day been •filed with
the Town Clerk.
Any appe~-~ls from this actian shall be made pursuant
to Section l7 of Chapter 90A of the C.-eneral Laws,
and shall be filed within twenty (20) days after
this date.
Robert F. Mooney, Chairman
NANTUCKET HOARD OF APPEALS
BC~RD CF APPFALS
Nantucket, Massachusetts
DECISIC~I:
At a meeting of the BCIARD C~' APPEALS held on Friday, May 8, 1981,
at the Town arr? County Building, in the matter of the application
of KP.LA CORP. (026-81) , after due deli.k~eration, the Board fend:
1. This is an application fc~ a Special Permit to allow the con-
tinued use of tc~x~ apartments located on the basement level of a
building on Old South Road, aril for sideline relief to permit the
construction of a fire escape to serve upstairs aparments in the
same building. The property is located in an area zoned
Residential/Camiercial ar~d is largely surrounded kyy cca-mercial
activities. The present building was purchased by the Applicant
in 1977, and apparently contains six apartments, of which four
were legally established ante zoning and two basement apartments
were created subsequently.
2. This Board has frecruently been confronted with proposed con-
str.-uction of apartment and other multiple dwelling units ixi
existing buildings. Although there may be strong public policy
and economic reasons far cxeati_ng ar multiplying apartment units
in Nantucket, the present zoning by-law does not permit any
apartments wtlatsoever. We, therefare, would be exce~ling our
authority by permitting the additional apartments herein reauest~.
3. The establishment of the fire escape is another matter, in-
volving public health and safety, in which we are willing to
grant relief, provided, however, the Applicant obtains the
written assent of the abutting owner of Lot 1 on Land Court Plan
No. 16514-C. With this assent, we will grant relief by permitting
the construction of a fire escape to within two (2') feet of the
property line, such an incursion not being a substantial viola-
tion of the intent of the by-law and being sactioned by necessity.
For the reasons set farth, the application far a permit to
establish the two basement apartments is denied, aryl the applica-
tion for construction of the fire escape is grante3, subject to
obtaining the written assent of the abutting owner.
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BARD C&' APPEALS
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NOTICE
A Public Hearing of the BOARD OF APPEALS will be held
FRIDAY, MAY 8, 19131, at 3:00 P.r~. , in the TO6~7N AT.dD
COUNTY BUILDING, FEDERAL AND BROAD STREETS,
NANTUCKRT, on the application of KALA CORP seeking a
Special Permit in order to erect a fire escape and to
allow continued use of two apartment located on
basement f7.oor level on property located on Old South
Road and which is zoned RESIDENTIAL/COMMERCIAL.
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Robert F. D4ooney, Chairman
Board of Appeals
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AB-1
FEE $ 5 0. 0 0 Case No.
APPLICATION TO THE BOARD OF APPEAI..S
Nantucket Marchl 0 , 19 81
To the Members of the Board of Appeals:
The undersigned hereby applies for relief from the terms of the
(ZONING BY-LAW) (BUILDING CODE) on property described below:
Location of Property Old South Road , Nantucket, MA
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Lot No. Plan No.
District is Zoned for
Type of structure (Existing or Proposed) or proposed use:
Owner': name Kala Corp.
c/o Richard LaSalle
Owner's Address P. 0. Box 2451, Fall River, MA 02720
`'Jhcn did you acquire this property?
Iias application been filed at Building Department?
No
Has ~~ny previous appeal been made? ~o
Section of By-law or~Code from which relief is requested: special Permit
Reason for ask(ng relief: Side line relief to permit construction of
fire escape. Additional relief to allow continued use of two
apartments located on "basement'° floor level.
Kale Corp. by it orn y'
Signature of applicant --~~
Wayne F . Holmes , Esct .
ATT ~C11; (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 owner, please indicate yo~~r
authority to make this application.
BOARD'S DECISION
Application submitted to Board
Advertising dates
Hearing date '
I;ecisic~n of Board
Recision filed with the Town Clerk