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HomeMy WebLinkAbout027-10 Stanev, Andrey(Breezin Up Inc.)Print Form Fee: $300.00 File No. ~~~~~ Owner's name(s):Breezin Up Inc. Mailing address: Phone Number: E-Mail: Applicant's name(s):Andrey Stanev MailtngAddress: 3174 29th St Apt 4K Astoria, NY 11106 Phone Number:646-326-9493 E-Mail: andreystanev@gmail . com Locus Address: 48 Main st Assessor's Map/Parce1:4231/191 Land Court Plan/Plan Book & Page/Plan File No.: 0 0 612 / 02 8 3 Deed Reference/Certificate of Title: Zoning D1strlctRCDT Uses on Lot- Commercial: None_ Residential: Number of dwellingso Yes (describe) Retail/office Duplex Apartments Date of Structure(s): all pre-date 7/72 1847 or Building Permit Numbers: Pre~rious Zoning Board Application Numbers: ~. ~~ . TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION O -n N -~ 0 ~~ ;; 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile State below or attach a separate addendum of specific special permits or variance relief applying for: ~~ r` .-. ~~,_ E ~ ~,.,~,~,, I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: Owner* '~ SIGNATURE: ~``~ Applicant/Attorney/Agent* *If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency. OFFICE USE ONLY Application received on:_/ / By: Complete: Need Copies: Filed with Town Clerk:_/_/_ Planning Board:_/_/_ Building Dept.:_/_/_ By: Fee deposited with Town Treasurer:_/_/_ By: Waiver requested: Granted: /_/ Hearing notice posted with Town Clerk:_/_/_ Mailed: / /_ I&IVI / /_ &/_/_ Hearing(s) held on_/ / Opened on :_/ / Continued to:_/_/ Withdrawn: /_/_ Decision Due By:_/ /_ Made: / / Filed w/Town Clerk: / / Mailed: / / 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile Print Form TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Fee: $300.00 Owner's name(s) File No. ~~-~~ r Mailing address: ~~ f,~ / V ~ /' ~/(~ 11~~~ ~ T ~ l G~ ~ ~~ Phone Number:~~~ ~~~ Y~~ ~. E-Mail: ~~ f__~~ ~~f~ ~ /~ ~~ ~ d~ Applicant's name(s): J Mailing Address: 3 ~ 7 ~ ~ ~ ~ ~~- tJ`f ~ ~C ~ ~ -~L~-( ~~ ~'' `~ ~ l 1 0 ~~// ~ Phone Number: ~~ `f ~ `• ~,-~ (v ~ ~, ~`1 ~ E-Mail: (~41C~..-C.-c.., ~ f ~ ~~~~. /~ ~ l~.1 ~~ ~,, [~,;Y, Locus Address: ~ ~ ~'l,'"~ C~ 6 ~, 5~-- Assessor's Map/Parcel: ~- ~ ~ Land Court Plan/Plan Book & Page/Plan File No.: Deed Reference/Certificate of Title Uses on Lot- Commercial: None Residential: Number of dwellings Date of Structure(s): all pre-date 7/72 Building Permit Numbers: Zoning District Yes (describe) Duplex Apartments or Previous Zoning Board Application Numbers: •~r~~~ ~~ 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile State below or attach a separate addendum of specific special permits or variance relief app157ng for: I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: SIGNATURE: O~vner* Applicant/Attorney/Agent* *If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency. OFFICE USE ONLY Application received on:_ / / By: Complete: Need Copies: Filed with Town Clerk:_/_/_ Planning Board:_/_/_ Building Dept.:_/_/_ By: Fee deposited with Town Treasurer:_/_/_ By: Waiver requested: Granted:_/ /_ Hearing notice posted with Town Clerk:_/_/ Mailed: / /_ I&M /_/_ &/ / Hearing(s) held on/ / Opened on :/ / Continued to:_/_/_ `SVithdrawn: / / Decision Due By: / /_ Made: / / Filed w/Town Clerk: / / Mailed: / / 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile Z - b' Z"Z b x ° z / M3K 7 m NQ t a s,~~ - 3~dHN \/ S \,/~ 133y1 - h ~ \ d~ / Z~ ~ \ d 1 Y ~ \ 6 - 5 ,~j 4 ? m d ~ a _ z m ~ a ~~~ ,r Z m P~ _ 3 1 C U N ~ 7 O m /,o ~o _ ~ % >Q 3 ~ `P ~ 0 <) ~' ~ N o d ~r 6 r ~, r _ - m N ~~~ I W t' j ~ W rv ~ J N ~ ~ - r t N 9 - Y - _ m N h i - 133a15 ASV 3 ~ i~ _ ~ 3P ~ Y~ d _ 3a 1 S ~- r -4y ~ r~Jv' ~ d ~ - - r 2 ~ o ~ ~ dS / N ~ _ pmt 7/ 9 ~~ 2~ S 6 .~ r N ~ ~ ~~ OJ S .r b s 0 ~~ 7 ~~ y y o~~P~ FE r 1 lil W N N N W 7- U 6. ~~R GEN ~~ a =~ :~ ~ 1 _y ?~ U -9 p l~~ti a 0 ~\ N ~n 3 /s ~ r~ v (\ d ~ _ `P Y~ _~ 6 N ~~0~ v 0 Z - ~ ~~~~ S W „ 2~ s _ U _ 2~ Z W W 2 0/N`NSdM N / _ 000 ~ 114 3 ______ _ ~~`, o ~ ,II= - -- I III r °_~ ~ ~' ~ _ _a + _ ,I ~ ~ ~ ,- ~., N h I - - t^ / ! ~? -~ - I c,• ~ Z - ~ ~ 3. 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BOARD OF APPEALS ~~~ ~-; W - NANTUCKET, MASSACHUSETTS 02554 Date: July 6, 2010 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 027-10 Owner/Applicant: Breezin' On Up, Inc. as Owner Audrey Stanex as Applicant Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed with 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 a complaint in Land Court within TWENTY (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 giv n to the Town Clerk so as to be received within such TWENTY (20) lays. Mi ~O. . O'Mara, Chairman cc: Town Clerk Planning Board Building Commissioner/Zoning Enforcement Officer PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING BY-LAW SECTION 139-30 (SPECIAL PERMITS); SECTION 139-32 (VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICE AT 508-228-7215. NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 48 Main Street Book 612, Page 283 Assessor's Map 42.3.1, Parce1191 Commercial Downtown DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals on Thursday, May 13, 2010, at 1:00 P.M., at 2 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following Decision on the Application in Zoning Board of Appeals File No. 027-10 of Breezin' On Up, Inc. as Owner, Andrey Stanev as Applicant of 48 Main Street, Nantucket, MA 02554. 2. Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139-7 (allowed uses) in order to change the use of the second floor office space to a recreational facility specializing in Latin and Ballroom dancing. To the extent necessary, the Applicant requests a parking waiver pursuant to Nantucket Zoning Bylaw Section 139-18. The site is located at 48 Main Street, is shown on Nantucket Tax Assessor's Map 42.3.1 as Parcel 191, and title is recorded at the Nantucket County Registry of Deeds in Book 612, Page 283. The site is zoned Commercial Downtown. 3. Our Decision is based upon the Application and accompanying materials, representations and testimony received at our public hearing. The Planning Board did not make a recommendation as this was not a matter of planning concern. No abutter comment was received either in favor of or against the Application. 4. At the hearing, the Denise Olsen represented the Applicants. Ms. Olsen explained to the Board that the space would only be used for this recreational use for the remainder of 2010. Additionally, given the size of the space and the proposed use, there would only be staff and an instructor, in addition to the clients, present in the upstairs of the building. Additionally, Ms. Olsen also informed the Board that the Applicants are requesting a parking waiver, to the extent necessary. The parking requirements for the office space are 1 for each 200 square feet of gross floor area and the requirements for a recreational facility are 1 for each 3 persons of total certified building occupancy. The second floor is approximately 1,200 square feet so there are six spaces grandfathered. However, as the Applicants only purport to use the facility for the remainder of 2010, the Board determined that a full parking calculation would be burdensome given that the Applicants would like to start their business this summer. Accordingly, the Board found that the permit for the change in use to a recreational facility would be valid until January 1, 2011, at which point the second floor must revert back to its previous office space use without further relief from the Board of Appeals. 5. Based on the foregoing, the Board finds that allowing the existing office space to be converted to a recreational use to allow the Applicant to hold classes specializing in Latin and Ballroom dancing and the like would be in harmony with the general purpose and intent of the bylaw. 6. Accordingly, by a motion made and duly seconded to GRANT the requested relief by SPECIAL PERMIT pursuant to Nantucket Zoning Bylaw Section 139-7 (allowed uses) in order to change the use of the second floor office space to a recreational facility specializing in Latin and Ballroom dancing there were FIVE (5) votes in favor and none (0) opposed with the following conditions: a) The use second floor use of the premises shall revert back to an office use as of January 1, 2011 without further relief from this Board; b) The hours of operation shall be 8:00 am to 8:00 pm, Monday through Sunday; and, c) The windows shall be closed at all times. SIGNATURE PAGE TO FOLLOW 2 Dated: 2010 E d Toole Lisa Bo elli Kerim Kosea c usan McCart COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. July ~ 2010 On this ~ day of July 2010, before me, the undersigned Notary Public, personally appeared /~'1lGLtQt~ ~ %~at~- ,who is personally known to me, and who is the person whose name is signed on the preceding or attached document, and who acknowledged to me that he/she signed it voluntarily for its stated purpose. Notary Public: ~/C/l~SSa..~ .MA~iI'~ My commission expires: McVt~i ~~ ~/>3 3