The URL can be used to link to this page

Home My WebLink About071-13 49A Pleasant Street"apMN f� 25 V !J OCT 2 8 2013 yc� TOWN OF NANTUCKET o BOARD OF APPEALS NANTUCKET, MA 02554 N L APPLICATION Z N m rn Fee: $300.00 File M A • ( F Owner's name(s): 7()'l 11 4- ljl lie 6 JRCL 4— MQ Mailing address: Si 411il/I� ,,/a4 Y.'i(.�f�n NA 01gal Phone NumberAg2 W 4` ' E -Mal - J [1 p- f- ✓%iQ&00i✓ICGST. Appficanes name(s): -:(s 1113, Mailing Address: Phone Number. E -Mall: Locus Address: f7 C)IQCSL% of ST Assessor's Map/P--L— � Land Court Plan /Plan Book & Page/Plan File No.: a A L �• �Qlo? Alan Refer a /Certificate of Title: �3V "211 Zoning District �tdd 0137 ej 2.76 - prep. a `j Uses on Lot- Commercial: None �Y (desmbe) A13 /#N DO O' eD PY� Residential: Number of dwellings I Duplex ' I Apartments Date of Stmctute(s): all pre-date 7/72 M �� s — I cl ,;D Building Permit Numbers: In e(DU66 Prcv ous Zoning Boazd Application Numbers: 5e l 7-tn i n y, hi • -' -1 2 Fairgrounds Road Nantucket Massachusetm 02554 5W228-7215 telcphom 506228 -7298 facsimile hn State below or attach a separate addendum of specific special permits or variance relief applying for, I /IIS �t'in"�t •k5 -inr Zcn n� 3hy 4h.t5 C!ld- Oje— I _rilo m �,j ccon, rw (c l Co M rO e rc-i � -V-o I.2 LS r3� !- PiCC(Y0..ndScc,- 1'I•�. i'��k� ;,t,ai -S atv- nclor� -ad 3"t'Ci IS C6�.1CJ tt C0mn'le(tl(% -k `x' dZ7- te:r.f�'- Ira te-e- 0.YIGQ. Com - z0,�nC" rei;ef�drtnd r5+r +us) Ii Tieck ruc¢.r we, a5 r, 1 �„ 4 ,& n, +t iha.19f cU �ttfried DVQr 7- aiidheremi k pn�1, my certify that the information contained herein is sobstan y complete and true to the FJR 1IIGI '!I'�� • best of my knowledge, under the pains and penalties of perjure•. See. P D L p la1-�43 SIGNATURE: ,L- Owner' C05/1'l2'%1'L C�j'Ia /tejo SIGNATURE: Applicant /Atmmey /AgenP *If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency. OFFICE USE O1'Ll ,'application rece,,td cc Filed with Town Clui_ - _ _ _ _ _ — ^2.Dec r - Fee deposited with T� `_cri.. –s_ – _ - –`� — Granted:_/_/_ Hearing necee postod a-,'^ - - –__ _ >faae _ I&M / / & /_i_ Hearings) Ireii _ •�2ened oa Conti¢ued to:_/ Made: / / - Filed w /Tamn Cler'D' _,_ \faded_ 2 Fairgrounds Road Nantucket Massachusetts 02554 508- 228 -7215 tdephone 508 - 228 -7298 fvcsimile .� 0 ! ! \ / .�� ! � l \( w f ! ! ----------- `��.. .. .sill \ L - - - \(s i ,. � _ i a I I nti '`�� _ �� 3Z6 1 �, ,��,�' a - �i <, :., N A.� h �„ a ;1 � � _ •.� / .I. V I O� � i �' �, }. il _ �,I. Bill / � - _- � i ii -., '. _ Y _� -� -, _ .. '� ��'f) ".NJ41:t � I Y O .. 1� _n__. —°--^t _ �aa�..� .. .... ,..: MBLU: Location: �. Owner Name: Account Number: I Parcel Value Item Assessed Value Buildings 292,800 Xtra Bldg Features 3,600 Outbuildings 400 Land 382,700 Total: 679,500 Owner of Record Land Use NANTUCKET PLEASANT LLC C/O HH MASS REALTY LLC 303 WYMAN ST SUITE 300 3250 STORE /SHP M94 WALTHAM, MA 02451 Ownership History Powered by Vision Government Solutions, Inc. 551119/111 49A PLEASANT ST NANTUCKET PLEASANT LLC 0055 -0191 Owner Name Book/Page Sale Date Sale Price NANTUCKET PLEASANT LLC 01076/0124 4/17/2007 1,579,000 49A PLEASANT STREET LLC 00541/0177 7/811997 285,000 LEDDY ANDREW J JR TR 00235/241 9/23/1985 205,000 Land Use Land Use Code Land Use Description 3250 STORE /SHP M94 Land Line Valuation Size Zone Assessed Value 0.11 AC R1 382,700 Construction Detail Building # 1 STYLE Store Stories: 1 Roof Structure Gable /Hip Interior Floor 1 Pine /Soft Wood Heating Type Forced Air -Duc Total Bedims 00 MODEL Commercial Occupancy 1 Roof Cover Asph /F Gls/Cmp Interior Floor Vinyl/Asphalt AC Type None Total Baths 2 Grade Average +10 Exterior Wall 1 Wood Shingle Interlor Wall 1 Drywall /Sheet Heating Fuel Oil Use: STORE/SHP M94 1st Floor Use: 3250 Baths/Plumbing ABOVE HeatlAC NONE Frame Type WOOD FRAME AVERAGE CeilinglWall CEIL 8 WALLS Rooms /Prins AVERAGE Wall Height 8 % Comn Wall 0 Building Valuation Living Area: 2,078 square feet Year Built: 1950 Depreciation: 40% Building Value: 292,800 Extra Features Code Description Units CI-R1 COOLER 200 S.F. Outbuildings Code Description Units SHDi SHED FRAME 32 S.F. Building Sketch Agr 2 6 �I 50 0 28 Subarea Summary Code Description Gross Area Living Area SAS First Floor 2078 2078 FOP Porch, Open, Finished 32 0 STP Stoop 34 0 o- 0 wT"i a ce 0 O \ S a, `&info, `p3 Z8 53'\k d i J C N � d H O �- l 1.11 In i N/f PERT JOHN S. LAURETANI M 34311 FILE NO.: PLEASANT STREET MORTGAGE LENDER plotplans.com Howard J. Rock -_ ATTONNLY AT LAW DEs LnuwRRs t; ; \SSOC:IAIfQ INC- Tel: (781) 891 -3500 Im coNSrrrunoN Btw, alms o ql (Waved Oaks Road Fax: (781) 891 -6650 (B00)EB�BB�ONFAX.:(5D0�620 -40ll Wyliham, MA 02452 howard@h�klaw.com INSPECTION PLAN DEOR W THERASOW MORTGAGE REFERENCED NEED ADDREss: 49A PLEASANT STREET NANTUCKET MA ENCROACHMENTS WTH RESPECT TO BUILDING(S) SITUATED ON THIS LOT LENDER: GEORGETOWN BANK EXCEPT AS STATED ON THE DELI) OF ATTORNEY. LAW OFFICE OF HOWARD J ROCK RECORD SHOW. OWNER. HM MASS REALTY LLG THE LOCATION OF THE BUILDINI AS ' APPLICANT: MM MASS REWY LLG SHOW HEREON EITHER WAS IN - DATE: 7/26/2013 SCALE: "=20� _ CWNI NANTUCKET CGAPUPN 10 EFFECT THE LOCAL ZONING BY -IAaS IN EFFECT WHEN CONSTRUCTED (MTH RESPECT TO UNREGISTERED LAND STRUCTURAL SETBACK REQUIREMENTS FLOOD HAZARD INFO:. UfEO BOOK: 1388 PAGE: 214 ONLY), OR IS EXEMPT FROM NOLATION ENFORCEMENT ACTION UNDER MASS G.L. ZONE: C DATED: 7/2/1992 PLAN BaaK: 16 —A PACE 1 LOT(S)i 2 TIRE NI. CHAPTER 40A, SECTION ). CCAIMONItt PANEL: 250230 0011D PLAN NUMBER: OF THE LOCATION OF THE BUIIDII REGISTERED LAND CERTIFICATE OF TITLE: SHOW DOES NOT FALL WTHDI A REGISTRATION BOOK: PACE: ASSESSORS MAP: 555 SPECIAL FLOOD HAZARD ZONE, EXCEPT PLAN NUMBER: LOT(S): BLOCK:_ LOT: PGL 19.1 AS MAY BE INDICATED. GENERAL NOTES: (I) THE DECLARATIONS MADE ABOVE ARE ON THE BASIS OF MY KNONLEUGE, INFORMATION, AND BWEF AS THE RESULT OF A MORTGAGE INSPECNUN iAPE INSTRUMENT SURVEY MADE TO THE NORMAL STANDARD W WE OF REGISTERED LAND SURVEYORS PRACTICING W MASSACHUSEIIS (2) SURVEY, NOT LITE RESULT OF AN DECIARADONS ARE MADE TO THE ABOVE NAMED CLIENT ONLY AS OF THIS DATE. (3) TOR PLAN WAS NOT MADE FOR RECORDING PURPOSES, FOR USE IN PREPARING DEED DESCRIPTIONS OR FOR CONSTRUCTION. (4) VERIFlCATIORS OF PROPERTY ONE DIMENSIONS, BOLDING OFFSETS, FENCES, OR LOT CONFIGURATION MAY BE ACCOMPLISHED BY AN ACCURATE INSTRUMENT SURVEY. (S) NO RESPONS9WTY IS ASSUMED HERON TO WE LAND OWNER OR COMPANY. ..... ' nn mme o» ..... n em. n. Nantucket County - 20120 Perfect Vision 12 Document Detail Report R :5565 PM Dora DorvmeM type Town Boo~ FY Geb Lonaideralbr� ?555 DEED 01399215 08/192013 3TNOD.00 pro S t 6ddreaa and/or Daacrl Pflw 49A PLEASANT ST LOT 2 PLPL 16A GnMOn HH MASS REALTY LW Grenteae PALERMOJULIE, PALERMOJOHN Ra%mces-90 W9 Deacdpibn Recorded Ywr Re915WW Lando Mflc&WOKe Bo g B 99 Pg: 276 11 ill Bk: 133I99 P�Pq: 276 Page: 1 or 2 Doc: DD 08/19/201301:34 PM STATUTORY QUITCLAIM DEED HH MASS REALTY, LLC, a a duly organized Massachusetts Limited Liability Company with a mailing address c/o Hennan Law, LLC, 303 Wyman Street, Suite 300, Waltham, Massachusetts 02451 for consideration paid and in full consideration of THREE HUNDRED TWENTY -TWO THOUSAND and 00 /100 ($322,000.00) DOLLARS, grant to JOHN PALERMO and JULIE PALERMO, husband and wife as Tenants by the Entirety, of 8 Hillside Road, Boxford, Massachusetts 01921 as, with QUITCLAIM COVENANTS, That certain parcel of land situated in Nantucket, Nantucket County, Massachusetts, together with the buildings thereon, now known and numbered as 49A Pleasant Street, bounded and described as follows: EASTERLY by Pleasant Street, fifty -three and 11 /100 (53.11) feet; SOUTHERLY by lands now or formerly of Joseph E. Perry and now or formerly of Manuel J. Perry, Jr., in two courses, a total of one hundred nineteen and 851100 (119.85) feet; WESTERLY by land now or formerly of Vincent Payne, Jr., forty and 65/100 (40.65) feet; and NORTHERLY by Lot I on plan hereinafter mentioned, in two courses, a total of ninety-eight and 191100 (98.19) feet Said land is shown as Lot 2 upon a plan by Josiah S. Barrett, dated November 20, 1984, recorded with Nantucket Deeds in Plan File 16 -A. Said land contains 4,773 square feet, more or less, according to said plan. Said land has the benefit of the provisions of an easement dated September 23, 1985 and recorded in Book 235, Page 234 at the Nantucket Registry of Deeds. Said land is subject to, and has the benefit of, the provisions of a Variance dated September 23, 1985 and recorded in Book 235, Page 299 at the Nantucket Registry of Deeds, a Restriction set forth in a deed dated September 23, 1985 and recorded in Book 235, Page 241 at said Registry, a Special Permit dated December 15, 1988 and recorded in Book 315, Page 160 as affected by a Clarification dated July 8, 1997 and recorded in Book 541, Page 161 at said Registry, and a Special Permit dated December 8, 1999 and recorded in Book 648, page 222 at said Registry. For title, we deed recorded in Book 1388, Page 215 at the Nantucket Registry of Deeds Bk: 01399 P0: 277 WITNESS my hand and seal this -( day of July 2013. HH MASS REALTY, LLC By: i DANIEL HASSAN, Manager —� STATE OF FLORIDA i _ d�! "/ >'I July ✓y___, 2013 On this 51 &- day of July 2013, before me, the undersigned notary public, personally appear D�wsmmd to me through satisfactory evidenc e of identification, which ((.� be the person whose name is signed on the preceding or hed doed to me that he signed it voluntarily for its stated purpose, as Manager of HH Mass Realty, LLC. M99aNOMU -ETT9 E% E T O 1 rt Nanimkei Courtly R $18001 Oele: 0 &191201 1:01 PM CVIX g806e20 a6 Ooct 00002555 Fee: $1,/99 Cons:$022.000.00 ;TAkRY PUBLIC My Commission Expires: - rM1111NIBL �� 111u$pMt- IttrMIMY ? ty0tt�.UMn$$r7lM a$IWIn��1AN/ �a R2 ix ?..\ 4�° Z !!!:401 _ - �paRA��OE -74 -n 4. . TOWN OF NANTUCKET r-r; BOARD OF APPEALS r NANTUCKET, MASSACHUSETTS 555 rn z ,.� o r m CD Date: February 12 , 2014 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No : 071-13 Owner/Applicant: JOHN J. PALERMO and JULIE A. PALERMO 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 given to the Town Clerk so as to be received within such TWENTY (20) days . / 2e__ ( -_ z.z_.(r, t_..--- Eleanor W. Antonietti, Zoning Administrator 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 508-325-7587 . NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 55, Parcel 19.1 Book 1399, Page 276 49A Pleasant Street Lot 2, Plan File 16-A Residential-1 (R-1) DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, November 14, 2013, at 1:00 P.M., 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of JOHN J. PALERMO and JULIE A. PALERMO as Owners and Applicants, 8 Hillside Road, Boxford, Massachusetts 01921, File No.071-13: 2. Applicants are requesting Special Permit relief pursuant to Zoning Bylaw Section 139-33.A.(4) to alter a pre-existing nonconforming structure having a pre-existing nonconforming use (retail/take-out) to a conforming use (residential). The structure is nonconforming as to rear and side setback requirements, frontage, and exceeds the maximum ground cover requirement. The lot is also pre-existing nonconforming with respect to lot size, containing approximately 4,773 square feet where 5,000 square feet is required. To the extent necessary, Applicants also seek relief from the parking requirements of section 139-18 of the Bylaw. The Locus is situated at 49A Pleasant Street, is shown on Assessor's Map 55 as Parcel 19.1, and as Lot 2 on Plan File 16-A. Evidence of owner's title is recorded in Book 1399, Page 276 on file at the Nantucket County Registry of Deeds. The site is zoned Residential 1 (R-1). 3. Our decision is based upon the application and accompanying materials, representations, and testimony received at our public hearing. There was no Planning Board recommendation on the basis that no matters of planning concern were presented. There were no letters in favor of, or in opposition to,the application. 4. Julie Palermo, Owner and Applicant, represented herself at the hearing. Mr. and Mrs. Palermo bought the property on July 31, 2013, with the sole intention of using it as a residence. The Applicant explained that she is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139-33.A.(4) (alteration of a preexisting nonconforming structure) in order to have the structure revert to a residential use as allowed by right in the Residential-1 zone. The commercial use of the structure, most recently operated as a retail and take-out establishment known by the name Fahey & Fromagerie, was abandoned more than three years ago. Pursuant to Nantucket Zoning Bylaw Section 139-33.C, "Nonconforming uses and structures abandoned or not used for a period of three years shall not be reestablished." 1 The current commercial classification of the structure and alterations to the use of the former store have been the subject of several Zoning Board of Appeals hearings (See File No.'s 040-85; 070-85; 116-85; 15-86; 108-88; 33-91; and 072-99.) The 1985 Variance (ZBA File No. 040-85) granted relief from the intensity regulations of the Zoning By-law with respect to lot size, ground cover, and setbacks. While further relief is not required as pertains to the aforementioned pre-existing non-conformities, a change of use of the structure, even though rendering it more compliant, does require relief by Special Permit under Section 139-33.A. With respect to off- street parking, the prior decisions establish that the locus is serviced by two on-site non- conforming spaces. 5. Therefore, after a discussion with the Applicant, the Board finds that Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139-33.A to allow the change of use would be in harmony with the purpose and intent of the Zoning Bylaw. The Board also finds that no additional relief is necessary with respect to the off-street parking. 6. Accordingly, by a UNANIMOUS vote of the sitting Board,the Zoning Board of Appeals made the finding that such Special Permit relief to allow the Locus to revert to a residential use, which is allowed by right in this district, may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the bylaw. SIGNATURE PAGE TO FOLLOW 2 Assessor's Map 55, Parcel 19.1 Book 1399, Page 276 49A Pleasant Street Lot 2, Plan File 16-A Residential-1 (R-1) i / Dated: f,,�hwy /4 ,2014 ii L AiAmi■ 1'dward T.ole jai/Mop' Lisa :.tticelli Susan McCarthy /rfenm Ko :• . - 1 i Geoffrey Thayer COMMONWEALTH OF MASSACHUSETTS Nantucket, ss ,/ On the 1 14'' day of 44 2014, before me, the undersigned notary public, personally appeared (4'S 6 4 II l_[.Li , one of the above-named members of the Zoning Board of Nantucket, Massachusetts, personally known to me to be the person whose name is signed on the preceding document, and acknowledged that he signed the foregoing instrument voluntarily for the purposes therein expressed. 0 ( l Notary ublic: My Commission Tires: LYNELL D. VOLLANS ��. Notary Public + Commonwealth of Massachusetts ��. My Commission Expires December 28, 2018 3