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HomeMy WebLinkAbout022-84~ . t--k~ TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS U2554 ~ Jtme 22. 1984 Fae: ICON Alm tiDEE ~'ff (022-84) Enclosed. please find notice of a decisiaci of the HOAFlD 0~ APPEALS which has this day been filed with the Zbwn CLei~lc. Any appeals fray this action shall be made pursuant ~ ~~ 17 of Chapter 40A of the General I.tsws, and shall be filed within twenty(20) days after this date. ~.~ne ate, t~'i8'y- U ~~+°~ ~~ Andrew J. Ieddy, Jr., Q3airman BQAR'D OF APPEALS TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET MASSACHUSETTS 02554 DECISION: At a meeting of the BOARD of APPEALS held at 1:w p•m•. rr+~ar April 27, 1984, in the Town and County Building, Nantucket, in the matter of the Application of LEON i ROSE MARTY 1022-84), the BOARD finds 1. This is an Application for a SPECIAL PERMIT granting re- lief from Section 6 (B) (Parking requirements) and Section ? (I) (expansion or alteration of a pre-existing non-conforming use), and a VARIANCE from Section 5 (Intensity regulations) and Section 7 (H) (Variances), of the Zoning By-Law. If granted, the Applicant will add a second story and extend the building now on the site by adding 80 square feet. The existing building now encroaches within the al- lowed rear line set off. The current building is non-conforn-ing. The second floor apartment is proposed to be owner-occupied. 2. Based upon a review of the Application, supporting doc- uments, plans, testimony, letters and viewing of the site, the BOARD finds that the use of the premises as a restaurant with an apartment added and with the necessary attendant rehabilitation and improvement of the building, would be in harmony with the gen- eral purposes and intent of the Zoning By-Law. 3. Variance relief may be granted to remove an alleged de- fect in marketability of title by a subdivision of land by a prior owner into lots which do not conform to the minimum lot siz as set forth in Section 5 of the Zoning By-Law, and further to permit the f F~ s DECISION April 27, 1984 Page 2 applicant to increase the ground cover ratio from 52$ to 59$ under Section 7 (H) of the Zoning By-Law. 4. The BOARD finds that due to the size and shape of the lot and buildings thereon which specifically effect said property, a literal enforcement of the Hy-Law would involve substantial hard- ship to the applicant. The requested relief :oay be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such By-Law. 5. For the reasons and upon the conditions set forth, the BOARD hereby GRANTS the Applicant relief from Section 6(B) and Section 7 (I) of the Zoning By-Law by SPECIAL PERMIT, and relief from Section 5 and 7(H) of the Zoning By-Law by VARIANCE, by UNANIMOUS vote. Dated: Nantucket, Massachusetts r~ ~~ ~~ 11, Ly a L. Rickard G ~,w. ~1,~ . leen I. Cahoon /~ ~ /l ~1 / A/I 1 Linda F. Williams w~luAM w, Mn+rs m ~uut •. rnzGtww~O May 23, 1984 Andrew J. Leddy, Jr. Esg. Chairman, Hoard of Appeals 18 Hooad Street Nantucket, MA 02554 RE: Leon & Rose Marty 60 Oak Street Dear Andrew: •wc• cOOt 6i7 trs•oo~s Enclosed please find a proposed amended Decision re- garding the .above. matter which includes ~•ariance relief. In accordance with my letter of March 20, 1984, this relief is vital to my clients building plans. The request for a variance was properly published and before the Board for hearing on April 27, 1984 and it is my understanding that no objection was raised. Would you kindly present the amended Decision to the Board for review and execution if they deem it appropriate. Thank you for your attention to this matter. Very truly yours, Julie A. Fitzgerald JAF/kd enc. lAW UiiiCES -IOLMES. HAYS 6 FITZGERAl.O 3S C[NTE1i StpCEt NANT~,CrtET, MA55 02SS~ II TOSn'N OF NANTUCKET I BOARD OF APPEALS NANTUCKET N1pSSACHUSCTTS 02554 DECISION: At a meeting of the BOARD of APPEALS held at 1:30 p.m., Friday April 27, 1984, in the Town and County Building, Nantucket, in the matter of the Application of LEON ~ ROSE MARTY (022-$4), the BOARD finds: 1. This is an Application for a SPECIAL PERMIT granting re- lief from Section 6 (B) (Parking requirements)_and Section 7 (I) (expansion or alteration of a pre-existing non-conforming use), and a VARIANCE from Section 5 (Intensity regulations) and Section 7 (H) (Variances), of the Zoning By-Law. If granted, the Applicant will add a second story and extend the building now on the site by adding 80 square feet. The existing building now encroaches within the al- lowed rear line set off. The current building is non-conforming. The second floor apartment is proposed to be owner-occupied. 2. Based upon a review of the Application, supporting doc- uments, plans, testimony, letters and viewing of the site, the BOARD finds that the use of the premises as a restaurant with an apartment added and with the necessary attendant rehabilitation and improvement of the building, would be in harmony with the gen- eral purposes and intent of the Zoning By-Law. 3.~ Variance relief may be granted to remove an alleged de- feet in marketability of title by a subdivision of land by a prior owner into lots which do not conform to the minimum lot siz as set forth in Section 5 of the. Zoning By-Law, and further to permit the ' ~ ' l DI:CISIO:: April ~7, 1y84 Page 2 applicant to increase the ground cover ratio from 52~ to 59$ under Section 7 (H) of the Zoning t3y-Law. 4. The BOARD finds that due to the size and shape of the lot and buildings thereon which specifically effect said property, a literal enforcement of the By-Law would involve substantial hard- ship to the applicant. The requested relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such By-Law. 5. For the reasons and upon the conditions set forth, the BOARD hereby GRANTS the Applicant relief from Section 6(B) and Section 7 (I) of the Zoning ny-Law by SPECIAL PERMIT, and relief from Section 5 and 7(H) of the Zoning By-Law by VARIANCE, by UNANIMOUS vote. Nantucket, Massachusetts ~~ Ly c L. Rickard ~dea~~Q~ Ei een I. Cahoon ~. ~'~ ~ ~ ~ Linda F. Williams ,j ~ TOWN OE: NANTUCKET BOARD OF APPEALS List of parties in interest in the matter of the petition of: Name Leon and Rose Marty Address 35 Hooper Farm Road, Nantucket, MA 02554 Property Address ~ c]al~_~tr~e~_ __ Karsten Reinemo Boarding House of Nantucket,Inc. Downey Flake, InC. :;,~.<, 12 Federal Street Hooper Farm Road, Nantucket, MA 02554 Nantucket, MA 02554 Patricia Barry, Trustee E. Chestnut Realty Trust 66 Gaspie Place Drive Warwick, RI 02888 Postmaster of Nantucket U.S. Post Office Federal Street Nantucket, MA 02554 Foster R. Herman 125 William Street South Dartmouth, MA 02748 Ms. Madelyn Perry, Town Clerk Town of Nantucket Nantucket, MA 02554 Betty Lou Foster, et al Robert F. Mooney Executrix,Estate of Lulu Stewart Emmons 171 Orange Street c/o James K. Glidden, Esq. 4Nantucket, MA 02554 37 Centre Street Nantucket, MA 02554 Chester S. Barrett, Jr. Wylie L. Collins, Louise C.Colli Somerset Road 17 Broad Street Nantucket, MA 02554 Nantucket, MA 02554 Sixteen Federal Street, Inc. c/o Peter Martin P.O. Box 217, Nantucket, MA 02554 Sherburne Associates Zero Main Street, Nantucket, MA George W. & Mary S. Burgess 19 Broad Street Nantucket, MA 02554 Nantucket Historical Association Nantucket, MA 02554 Atheneum Library Nantucket, MA 02554 Federal Street Realty Trust Glidden & Grossman, Trustees 14 Federal Street Nantucket, MA 02554 Irene R. & James H. Walsh c/o Mary E. Paterson 11873 N.W. 31st Street Coral Springs, FL 33065 Walter D. Glidden, Jr. 41 Liberty Street Nantucket, MA 02554 I certify the foregoing is a list of persons who are owners of land abutting the property and owners of land directly opposite the property on any street or way, and owners of land within 300 feet of the property, all as they appear on the most recent applicable tax list. February ~, 1984 Date ssessor Town of Nantucket PArE 1 of 2 i / , Page Two Rhilip & Ruth E. Osley John B. & Colleen Arno 12 Broad Street 21 So. Water Street Nantucket, MA 02554 Nantucket, MA 02554 Robert L. Hall Howard R. & Carrol L. Crocker Box 332 Brewster Road Nantucket, MA 02554 Nantucket, MA 02554 David & Cathie A. Belcher Thomas B. McGlinn Chestnut Street 1 Chestnut Street Nantucket, MA 02554 Nantucket, MA 02554 Ernst R. & Jane L. Davis Richard L. & Sharon Mc~Cir_ney 20 North Water Street Box 589 Nantucket, MA 02554 Falmouth, MA 02556 Dreamland Theater Zelda Zlotin, et al 17 South Water Street 15 South Water Street Nantucket, MA 02554 Nantucket, MA 02554 Herbert C. Cabral Leon & Eleanor Royal 2 Chestnut Street 31 Center Street Nantucket, MA 02554 Nantucket, MA 02554 John C. Ohman, et al Ann S. Killen G. C. Metcalf et al Easy Street 16 Federal Street, Nantucket, MA Nantucket, MA 02554 Michael & Sara O'Reilly Donald E. Demarco 9 North Water Street 240 East 79th Street, Apt. 4 Nantucket, MA 02554 New York, NY 10021 David & Barbara Masters Carrie Miller 7 India Street Cambridge Street Nantucket, MA 02554 Nantucket, MA 02554 Hardy's Inc. Pacific National Bank, Trustee: South Water Street J. Gordon MacDonald Trust Nantucket, MA 02554 61 Main St., Nantucket, MA Andrew W. Willauer Paul B. & Dale W. Waine 880 Sport Hill Road Pearl Street Realty Trust Elston, CT 06612 Nantucket, MA 02554 Gwen W. Gaillard Norman R. Kaufman 4 South Water Street 6 Dianas Circle Nantucket, MA 02554 Roselyn Estates, NY 11576 Michael Scott Realty Trust Nantucket Lodae I.O.O.F. ~ 17 Main Street 02554 Nantucket, MA Nantucket, MA 02554 Sherman & John S. Rugge Grace L. Coffin 56 Grove Avenue Polpis Road Nantucket, MA 02554 Nantucket, MA 02554 Rev. Philip Davignon, Pastor St. Mary's Roman Catholic Church Federal Street Nantucket, MA 02554 PAGE 2 of 2 ~~~ ^~~ TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 June 22, 1984 Re: LDON AND RASE Ng1RTY (022-84) Enclosed, please find notice of a decision of the BOARD OF APPEALS which has this day been filed with the Zbwn Clerk. Any appeals from this action shall be made pursuant to Section 17 of Chapter 40A of the General Laws, and shall be filed within twenty(20) days after this date. YEA f~W ~/ 7 Andrew J . Led~dy, Jr . , C~ainnari BOARD OF APPEALS e as , ~~i 8'~ ~~-, ~--EcS ~,r...r TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET MASSACHUSETTS 02554 DECISION: At a meeting of the BOARD of APPEALS held at 1:30 p.m., Friday April 27, 1984, in the Town and County Building, Nantucket, in the matter of the Application of LEON & ROSE MARTY (022-84), the BOARD finds 1. This is an Application for a SPECIAL PERMIT granting re- lief from Section 6 (B) (Parking requirements) and Section 7 (I) (expansion or alteration of a pre-existing non-conforming use), and a VARIANCE from Section 5 (Intensity requlations) and Section 7 (H) (Variances), of the Zoning By-Law. If granted, the Applicant will add a second story and extend the building now on the site by adding 80 square feet. The existing building now encroaches within the al- lowed rear line set off. The current building is non-conforming. The second floor apartment is proposed to be owner-occupied. 2. Based upon a review of the Application, supporting doc- uments, plans, testimony, letters and viewing of the site, the BOARD finds that the use of the premises as a restaurant with an apartment added and with the necessary attendant rehabilitation and improvement of the building, would be in harmony with the gen- eral purposes and intent of the Zoning By-Law. 3. Variance relief may be granted to remove an alleged de- fect in marketability of title by a subdivision of land by a prior owner into lots which do not conform to the minimum lot siz as set forth in Section 5 of the Zoning By-Law, and further~to permit the .,-... DECISION April 27, 1984 Page 2 applicant to increase the ground cover ratio from 52$ to 59$ under Section 7 (H) of the Zoning By-Law. 4. The BOARD finds that due to the size and shape of the lot and buildings thereon which specifically effect said property, a literal enforcement of the By-Law would involve substantial hard- ship to the applicant. The requested relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such By-Law. 5. For the reasons and upon the conditions set forth, the BOARD hereby GRANTS the Applicant relief from Section 6(B) and Section 7 (I) of the Zoning By-Law by SPECIAL PERMIT, and relief from Section 5 and 7(H) of the Zoning By-Law by VARIANCE, by UNANIMOUS vote. Dated: Nantucket, Massachusetts au~c u ~ ~ ~S4 ` /, yy t~W ~~ ~C~ 1 r" LY e L . Rickard G leen I. Cahoon / ~ (~ ~ Linda F. Williams '~ LAW OFFICES HOLMES, H.aYS 6. FITZGERALD 33 CENTER STREET NANTI,CKET, MA55. 02534 W AYNC ~ NOLMES WILLIAM H. HAYS III J ULIC A. ~ITZGCRAlO M.ay 23, 1984 Andrew J. Leddy, Jr. Esq. Chairman, Board of Appeals 18 Broad Street Nantucket, MA 02554 RE: Leon & Rose Marty 60 Oak Street Dear Andrew: .AREA COD[ 617 220-0082 Enclosed please find a proposed amended Decision re- garding the above matter which includes rariance relief. In accordance with my letter of March 20, 1984, this relief is vital to my clients building plans. The request for a variance was properly published and before the Board for hearing on April L7, 1984 and it is my understanding that no objection was raised. Would you kindly present the amended Decision to the Board for review and execution if they deem it appropriate. Thank you for your attention to this matter. Very truly yours, Julie A. Fitzgerald JAF/kd enc. \, TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET MPSSACHUSETTS 02554 DECISION: At a meeting of the BOARD of APPEALS held at 1:30 p.m., Friday April 27, 1984, in the Town and County Building, Nantucket, in the matter of the Application of LEON & ROSE MARTY (022-84), the BOARD finds 1. This is an Application for a SPECIAL PERMIT granting re- lief from Section 6 (B) (Parking requirements). and Section 7 (I) (expansion or alteration of a pre-existing non-conforming use), and a VARIANCE from Section 5 (Intensity requlations) and Section 7 (H) (Variances), of the Zoning By-Law. If granted, the Applicant will add a second story and extend the building now on the site by adding 80 square feet. The existing building now encroaches within the al- lowed rear line set off. The current building is non-conforming. The second floor apartment is proposed to be owner-occupied. 2. Based upon a review of the Application, supporting doc- uments, plans, testimony, letters and viewing of the site, the BOARD finds that the use of the premises as a restaurant with an apartment added and with the necessary attendant rehabilitation and improvement of the building, would be in harmony with the gen- eral purposes and intent of the Zoning By-Law. 3.~ Variance relief may be granted to remove an alleged de- feet in marketability of title by a subdivision of land by a prior owner into lots which do not conform to the minimum lot siz as set forth in Section 5 of the Zoning By-Law, and further to permit the /,, .~ arclszor April.?7, 1984 P.~gc~ 2 r. applicant to increase the ground cover ratio from 52$ to 59$ under Section 7 (H) of the Zoning By-Law. 4. The BOARD finds that due to the size and shape of the lot and buildings thereon which specifically effect said property, a literal enforcement of the By-Law would involve substantial hard- ship to the applicant. The requested relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such By-Law. 5. For the reasons and upon the conditions set forth, the BOARD hereby GRANTS the Applicant relief from Section 6(B) and Section 7 (I) of the Zoning By-Law by SPECIAL PERMIT, and relief from Section 5 and 7(H) of the Zoning By-Law by VARIANCE, by UNANIMOUS vote. Nantucket, Massachusetts ~~ Ly e L. Rickard Eileen I. Cahoon _, Linda F. Williams ~~ 4 TOWN OF NANTUCKET - .- !~- BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 May 8 , 19 8 4 Re: LEON AND ROSE MARTY (022-84) 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 General Laws, and shall be filed with- in twenty(20) days after this date. x-~r~w ~• ~ , ' ~ J Andrew J. Leddy, Jr., Chairman BOARD OF APPEALS I 1 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 DECISION: At a meeting of the BOARD OF APPEALS held at 1:30 p.m. Friday, April 27, 1984 in the Town and County Building, Nantucket, in the matter of the Application of LEON & ROSE MARTY (022-84), the BOARD finds: 1. This is an Application for a SPECIAL PERr1IT granting relief from Section 6(b) (Parking requirements) and Section 7(I) (expansion or alteration of a pre-existing non-conforming use) of the Zoning By-Law. If granted, the Applicant will add a second story and extend the building now on the site by adding 80 square feet. The existing building now encroaches within the allowed rear line set off. The current building is non-conforming. The second floor apartment is proposed to be owner-occupied. 2. Based upon a review of the Application, supporting documents, plans, testimony, letters and a viewing of the site, the BOARD finds that the use of the premises as a restaurant with an apartment added and with the necessarily attendant rehabilitation and improvement of the building, would be in harmony with the general purposes and intent of the Zoning By-Law. 3. For the reasons and upon the conditions set forth, the BOARD hereby GRANTS the Applicant relief from Section 6(B) and Section 7(I) of the Zoning By-Law by SPECIAL PERMIT, by UNANIMOUS vote. -„ i 1 Dated: Nantucket, Massachusetts ~, 1984 MMIA-y ~ ~ ~,. ~~~~ v ~~ ~4- ~ ~~ Linda F. Willlams LAW OFFICES HOLMES, HAYS t5. FITZGERALD 35 CENTER STREET NANTUCKET,MA55.02554 .v :.rNE F HULMES .~ 1.'AM H, NAYS lIl 't n. c ~11GE RALU May 20, 1y85 Mi. William Sherman, Chairman Board of Appeals Town & County Building Nantucket, MA 02554 RE: Leon and Rose Marty No. 22-84 Dear Mr. Sherman: AREA CODE 617 22b C052 The Variance/Special Permit granted to the Marty's in the above case is nearing its expiration date. On behalf of the Marty's I am requesting an extension of the Special Permit/ Variance. For your information I have enclosed a copy of the Boards ~lrnended Decision dated July 20, 1984. Would you kindly place this matter on the agenda for hearing on Friday, May 24, 1985 at 1:30 P.M. Very truly yours, Julie A. Fitzgerald ~JAF' / sdb Enclosure cc~ : Mr . and Mrs . Leon Marty Mrs. Madelyn Perry, Town Clerk'(/ 2C-a...~ lr ~ ~ ~~, s A..,._ . `~ -- Q THE COMMONWEALTH OF MASSACHUSETTS NANTUCKET City or gown BOARD OF APPEALS Date: July 20 , 19 84 (date of amended decision) Certificate of Granting of Variance or Special Permit (General Laws Chapter 40A, Section 11) The Board of appeals of the City or Town of NANTUCKET 4YV~ hereby certifies that a Variance~a~f Special Permit has been granted T~u _ 1,t'ON AND ROS)/ MA1Z'TY 02~~) Address .___ 6 DAK STREET ~.. ~'itv or Town _ NANTUCK T al~f~ectiiit; the rights of the owner with respect to Land or buildings at 6 OAK STREET _ l.c~t___1 _._l?1~an Book 19..~a~P 116_ See Deed recorded at Book 162, Paqe 183. Acrd the said Board of Appeals further certifies that the decision attached hereto is a true and correet ri~py of its decision granting said variance -special permit, and that c ~ pies of said derision, and of all plans referred to in the decision, have been filed with the planning board and the city t>r t~,+~'n clerk. T}ic Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A, Section 11 (last paragraph) provides that no variance or special permit, or any ex- tension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the town or city clerk that twenty days have elapsed after the decision has been filed in the office of the city or town clerk and no appeal has been filed or that, if such appeal has beery filed, that it has been dismissed or denied, is recorded in the registry of deeds for the county acid district in which the land is located and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such recor- ding or registering shall be paid by the owner or applicant. Y-~ w ~ Y. Chairman ~•.~ ,7RM i~%~•4 .u'885 4 WARREN. INC REViSEU _. UECI~ION: ~.ryor 21~ ~~~~252 TOw'N OF NANTUCKET ~3OARD OF APPEALS NANTUCKET MP::~ACHUSI:TTS 02554 At a meeting of the BOARD of APPEALS held at 1:30 p.m., Friday April 27, 1984, in the Town and County Buildiny, Nantucket, in the matter of the Application of LEON b ROSE MARTY (022-84), the E3OARD finds t 1. This is an Application for a SPECIAL PERMIT granting re- li~:f from Section 6 (8) (Parking requirements) and Section 7 (I) (expansion or alteration of a pre-existing non-conforming use), and a VARIANCE from Section 5 (Intensity regulations) and Section 7 (H) (Variances), of the Zoning Dy-Law. If granted, the Applicant will add a second story and extend the building now on the site by adc:ing 80 square feet. The existing building now encroaches within the al- lowed rear line set off. The current t~uilding is non-conforming. `;1» second floor apartment is propu~t~d to be owner-occupied. 2. E3ased upon a review of the ~,~~~.lication, supporting doc- ur„~~.~ts, plans, testimony, letters anc] viewing of the site, the E3u~,RD finds that the use of the premises as a restaurant with an apartment added and with the necessary attendant rehabilitation and improvemet~ `~'~ tfie"bulldiri9, would be in harmony with the gen- eral purposes ani intet~, of the Zoning Hy-Lair.. ~-~ 3.~ Variance relief may k~e granted to remove an alleged de- feet in marketability of title b~j- a subdivision of land by a prior owner into lots which do not conform to the minimum lot siz as set forth in Section 5 of the Zoning ~3}~-Law, and further to permit the /~ A~aril ~, 19~~1 .~ / i , ' c' 2 . applicant to increase the ground cover ratio from 52g to 598 under Section 7 (Hj of the Zoning By-Law. q. The ©OARD finds that due to the size and shape of the lct and buildings thereon which specifically effect said property, a literal enforcement of the By-Law would involve substantial h~~rd- ship to the applicant. The requested relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of 6uch By-Law. $. For the reasons and upon the conditions set forth, the BOARD hereby GRANTS the Applicant relief from Section 6(B) and Section 7 (I) of the Zoning I3y-Law by SPECIAL PF.f~"tIT, and rel icf from Section S and 7 (}1) of the Inning By-Law by VARIANCE, i,~, UNANIMOUS vote. Nantucket, Mas~achus~~tts Ly c L. Rickard ~RC.~..~rQ-~ _ o , _..~-L Eileen I. Cahoon ~. ~ ~ ~ ~b~ ~: ~, Linda~~ir W,~t3~~-a~ams ©~ A~ \~. ~ . ~~~~ ~,~~~~ NANTII~;K~ET CC~~.1NT`~ ~~,.,~~~ Received ~-,ci Ent~~e~~ '_~ ~~.. Re3isier ~~ o -> ~., L ~' 1% ~ es ~~+n ~- is vs ~ J - ~ ~" ,~ f~ f _ ~ I ~ ~ d ~~ ~ ~ r ~ ,c. ~ ~ ~~ 'n` \~ ~'~ ~-~ ~~ ~..) ~.~ ~'~ ~ 1 a {~ r' q, , ,; { ~ ~ //~~~ ~ td ~. ~r-t U .. , ~~ ~~ ~ i .: }' I ,, ,, ~ . .- ~, ,~ t1.. ( ~~ Ll-. .-. G~7 Q' ~m W 1~ ~ m "~ ~ LAW OFFICES HOLMES, HAYS 6~ FITZGERALD 35 CENTER STREET ' ` NANTUCKET, MASS. 02554 WAYNE F. HOLMES WILLIAM H. MAYS III JULIE A. F1T2GERALD IN HAND March. 5, 1984 Andrew J. Leddy, Jr., Esquire Chairman, Board of Appeals c/o 18 Braad Street Nantucket, MA 02554 RE: Leon and Rose Marty a ree Special Permit Application Dear Andrew: Enclosed for filing please find the following: 1. Special Permit Application: original and three (3) copies; 2. Certified Abutter's List; 3. Four (4) sets of building elevations; and 4. Four (4) copies of the plot plan. A check in the amount of $100.00 for the filing fee is also enclosed. Would you kindly advertise this matter for a hearing date of March 23, 1984. If you have any questions please call me. Very truly yours, ~ _. ,~ lie ~A. ~z ~ a~~" cc: Mrs. Madelyne Perry, Town,Clerk ( with copy of Application) l__Q c~ Q.v.s ~~.- ~.~. ~-. ~ `~ ~.~, AREA CODE 617 228-0052 ~~1 ±~FEE~ 5100.00 Case No. APPLICATION TO THE BOARD OF APPEALS Nantucket, Massachusetts 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_ 6 Oak Street,~~ pat«i~ser; 1 I.ot No. 1 Plan }~. Rn~k 1 9 PagQ 11 h --..--- District is zoned for Res dential-Commerc~~l Type of structure (Existing Q~,cx~rx~l4~s~) or proposed use: Px~ ~ : nq res_t~ura~ usE Owner's Name Leon and Rose Marti ---- Owner's Address 35 Hooger^, Farm ~24~d.., N.~E3.tu~~.,~ i'`~ n2554 when did you acquire this property? 7 Has apc~lication been filed at Building Department? No flas any previous appeal been made? No ..~_ ___- section of By-Law or Code from which relief is requested: _ ~~1:1.IIns 7 T anc3 Cz~-.- - - - - Eteas,~n for asking relief : Fxr,anci nn „~ .,~..v-~.~i-ng,--non-eon€fir~--i-ng-_us~-.-}~y t; addition of a second floor consisting of a two bedroom apartment_ unit and addit-zon--of"~~~1 ee o groun cover or~fi~e~insta~laton of~ an inter access~~airwa}t t-o the SPC~nn~ fi~.or FV f-a-pre-e-xi-sing-non-c©n- forming rear lot line set back. ~~ _~_____ ATT~ICH: (1) A list of the names Signature of ap licant ulie A. Fitzger d, Attorney for Ap li ants and addresses of eac~i abutting owner and owner abutting the abutters. (2) A check in the amount of $100.00 made payable to the Town of Nantucket. {3) Four copies of the application and a map or plan shawinq the location of the property to be considered. (4) If the applicant is other than the owner, please indic~3te your authority to make this application. BOARD'S DECISION Application submitted to Board _ Advertising dates LAW OFFICES HOLMES, HAYS & FITZGERALD 35 CENTER STREET NANTUCKET, MA55. 02554 WAYNE F. HpLMES WILLIAM H, HAYS 7II JULIE A, FIT2GERALD March 20, 1984 Andrew J. Leddy Jr., Esq. Chairman, Board of appeals 18 Broad Street Nantucket, MA 02554 RE: Leon & Rose Marty Application for Special Permit 6 Oak Street Dear Andrew: The Building Inspector has advised me that he considers a Special Permit insufficient to grant the relief requested by the Martys. I am therefore requesting that the application be amended to add the following language: Section of By-Law or Code from which relief is requested: Section 5. Intensity Regulations, and Section 7H, Variances. Reason for asking Relief: Alleged defect in marlcetability of title by subdivision of land by prior owner into lots which do not conform to minimum lot size under zoning by-law. Increase in existing ground cover ratio from 52% to 59% requires relief. from Section 5, which has been interpreted by the Building Inspector to require relief under Section 7H, Variance. AREA CODE 617 22B-0052 I believe that this amendment to the application will require a new notice for hearing. lam therefore requesting that the hearing scheduled for March 23, 19$4 at 1:30 Pri be postponed until such time as all of the matters will be properly before the Board. Andrew J. Leddy Jr., Esq. Page Two March 20, 1984 Please call me if you have any questions. Very truly yours, Julie A. Fitzgerald JAFfsdb cc: Mr. & Mrs. Leon Marty Mrs. Tiadelyn Perry, Toren Clerk ~~~~~~ • NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, APRIL 27, 1984 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET on the Application of AEON AND ROSE MARTY (022:-84) for relief by SPECIAL PERMIT under the provisions of SECTION 6(B)(Parking requirements) and SECTION 7(I)( Extension of pre-existing non-conforming use) of the Zoning By-Law. A VARIANCE is also requested from the provisions of SECTION 5(Intensity regulations) and under SECTION 7 (H) (Variances) of the Zoning By-Law. If granted, the Applicants would be allowed to add a second floor over their existing rest- aurant for use as an owner's apartment, which would also entail the addition of 80 square feet of ground cover for the installation of an interior stairway. The property is located at 6 OAK STREET and is zoned RESIDENTIAL-COMMERCIAL. BOARD O//F APPEALS T Andrew J. Leddy, Jr., Chairman ~y NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, APRIL 27, 1984 at 1:30 p.m. in the TOWN AND COUNTY BL7ILDING, FEDERAL AND BROAD STREETS, NANTUCKET on the Application of LEON AND ROSE MARTY (022_-84) for relief by SPECIAL PERMIT under. the provisions of SECTION 6(B)(Parking requirements) and SECTION 7(I)( Extension of pre-existing non-conforming use) of the Zoning By-Law. A VARIANCE is also requested from the pro•,~isions of SECTION 5(Intensity regulations) and under SECTION 7 (I3) (Variances) of the Zoning By-Law. If granted, the Applicants would be allowed to add a second floor over their existing rest- aurant for. usE as an owner's apartment, which would also entail the addition of 80 square feet of ground cover for the installation of an interior stairway. The property is located at 6 OAK STREET and is zoned RESIDENTIAL-COMMERCIAL. `~-.stc~~~ ~O ~ ~ ~~`~~- ~ ° "'.-.~ ~ t39~J BOARD OAF APPEALS .~ Y1=C~r-e r-~ C% ~-e-~CG ~ r Andrew J. Leddy, Jr., Chairman AB-1 ' FEE $100.00 Case No. 0 Z-Z _ ~~ APPLICATION TO THE BOARD OF APPEALS Nantucket, Massachusetts 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 6 Oak Street (La Pat:~ riP) Lot No.! _ 1 Plan M~1~X. ~nn~1 9~ Pagc~ 1],6 District is zoned for Residential-Commercial Type of structure (Existing o~c~~s~@td) or proposed use: Px~~ ~nq rPStauran Owner's Name Leon and Rose Marty use Owner's Address 35 Hoover Farm Road,, Nanj-~_L~ket, MA 02554 _ when did you acquire this property? lg7g Has application been filed at Building Department? No Has any previous appeal been made? No ` Section of By-Law or Code from which relief is requested: _ _ ~~••+~~~~ 7T ~nc3 FiR -- ------ Eteas~n for asking relief : .®~~.i_~~.g~_._non_e~n~r~~-~g._..use---b-y th addition of a second floor consisting of a two bedroom apartment_ unit_ and -addi ee~`o~ ground cover for -tFie installation of an interi access eta?, sway o the ~eonnr3 f lcu~r -~.t~~.sn--o~-a-- g~•~-exi-s-i.ng--non-eon- forming rear lot line set back. Signature of applicant ~~. '~ ^~ . ~/ u~ A. Fitzger 1d, Attorney (/ for App li ants a'.'T:'~CH: (1) A list of the names and addresses of Lac abutting owner and owner abutting the abutters. (2) A check in the amount of $100.00 made payable to the 'T'own of Nantucket. (3) Four copies of the application and a map or plan showing the location of the property to be considered. (4) If the applicant is other than the owner, please indicate your authority to make this application. BOARD'S DECISION Application submitted to Board -3 ~ __~ _ -_ ____ Advertising dates _. _______.____ Lot Size Existing GC GCR 1,284 sq.,ft. 665 52~ PROPOSED EXPANSION Lot Size 1,284 Existing GC 665 Proposed Additio 88 Total Proposed G~ `"'~'I~3 ~' r~.~ sF~<a rt ~ ri Proposed GCR 59~ t_~~~ $1 t~.a~~ r= u (.*. ~~ ~1 R -r Y w ~~ ~~ ~, i i . ~l Cie .._ 9 w I •. , . ~7 .; _ --~. _. _ _.. ___ r.i_._._....~ . . _ .. 3_ __ .. _ . ~~ . I ~ ; ~/ } ~ ~_ ~; T ;~;= ~~ u ~~ ~,.r~ ~ ~ i ~~:~ ~ ~ `~ i~ F• ~~ ~ ~, ~ ~ ~, ," ~______._______.. ' _. _ . ~~~_.~ 7 ~ f ~. •. f .. .. .• ~ __.. _._____. _.~_~__. _..._ _. ~. 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Y ~ _. }•. ~. w .. . ~. .. ~. ~_.~ w ._ .~, ~.. -~ . _ ~M __ f . 2 l , ~i Y r. ~, _ _ {{ ~ 7 ~ ls~ ~ ._ 4 r z ~ f = ~ ' ~ # ~ ~ ~ } 9 q ,~ . l ~ 1 d ~ (~ e # y ~ ~ 6 i ; { d ? $ + } i 9 ~ ? ~ ~~ ~ 5~ ~ . a ~ ~ ~ f 3 r k ~ ~ g # ! e e ~ ; ~ ' j a d p 1 $ { ~ t f ~ ) ! ~ a ~ { 2 p ~ jj 9 ~ ~ 7 k ~ ' ~ A ~ ~ S} f ~ y ~ g ~ ~ S } j ~ ~ ~ ~ ~ ~ , ( f ( ~ vi 9 i ~ FFF ! ~ j t 1 ~ ~ ~ ~ ~ ~ ~ ' ~ ~ t . S !!! x f ~ 3 ` ~ ~ r Aa ~ ~ ~ 8 ~ ~ f i' { ~` ~' A i ~ { ~ (( v~..~ ~ ~ S ~ f ~ { ' ` ~ ] ~' f ` ~ .g tr ~ ~ y ~ ~ ~ ~ ~ ~ ;l . i ~ i j ~ { ~ , 12 ~t'~~ ~ ~ ~ ~ ~l. ~ d f ' _ ~ r`~ NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, MARQ~i 23, 1984 at 1:30 p.m. in the TOWN AMID COUNTY BUILDING, FIDERAL AND BROAD STREETS, NANT[K~T on the Application of LOON & ROSE MARTY (022-84) for relief by SPECIAL PERMIT under the provisions of Section 6(B)(Parking Requirements) and 7(I) (Extension of apre-existing non-conforming use) of the Zoning By-Law. If granted, the Applicants would be allowed to add a second floor over their existing restaurant for use as an owners' apartment, which would also entail the addition of 88 square feet of ground cover for the installation of an interior stairway. The property is located at 6 OAK STREET and is zoned RESIDENTIAL-C'ONI~'IERCIAL. BOARD OF APPEALS ~ raw ~ . ~,e,.~ Y Andrew J. Ledd Jr., Chairman Y LS1QC~-~2.C~.~ ~~-~anc~ ~ ~ iq ~~- ~ : oo ~' ~~~-~°t''~' P w .. .,..-...~....... _ .n .:.....~.....,w.... ~ „..ere-....w....u.e...~rmr .-..._. ...._.. -... ^. ~ ~ `~~ ~ ` \ $-• { p { :~> X4.3 3 ,,. . {{ t .,.,~... s . t ,`~~.3 e1 e:~ s i i cX f ~ '= j { R 1 ~ ='~ q I 4 ' ,,, s ~ .. 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