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TOWN OF NANTUCKET •
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BOARD OF APPEALS ni
NANTUCKET, MASSACHUSETTS 55A
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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 .
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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."
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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
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Assessor's Map 55, Parcel 19.1 Book 1399, Page 276
49A Pleasant Street Lot 2, Plan File 16-A
Residential-1 (R-1)
Dated: fwvAiii ,2014
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Lisa-: .tticelli
Susan McCarthy
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eeoffrey Thayer
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss
On the l?.t day of 1/11041, , 2014, before me, the undersigned notary public,
personally appeared U S tti 6 (t e_u_ , 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.
V
Notary ublic:
My Commission Epires: LYNELL D. VOLLANS
Notary Public
kk1 Commonwealth of Massachusetts
My Commission Expires
December 28, 2018
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