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Home My WebLink About088-84TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 December 13, 1984 Re: LUCILLE JORDAN, RICHARD S. SYLVIA AND MARIO TEIXEIRA (088 -84) Enclosed, please find notice of a decision of the BOARD OF APPEALS which has this day been filed with the Town Clerk. Any appeal 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. Eileen I3 Cahoon, Chairman i TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, NOVEM- BER 30, 1984 at 1:30 p.m. in the Town and County Building, Nantucket, made the following Decision in the Application of LUCILLE A. JORDAN, RICHARD S. SYLVIA AND MARIO TEIXEIRA (088 -84) for relief under By -Law SECTIONS 5 and 7I: 1. Applicants seek a SPECIAL PERMIT under SECTION 71 to extend a pre- existing non- conforming use of their Lot 1, Book 15, Page 99, at 8 FEDERAL STREET that is zoned RESIDENTIAL - COMMERCIAL. They wish to add a second building fronting on Federal Street and as the new building would share party walls not only with their present building but also with an abutter's building along their south side lot line, they also seek relief from the SECTION 5,,side -line setback requirements. No Application was made for relief from the requirements of Section 6B and specifically subsections 1, 3 as amended, 7 and 9 as amended. 2. Based upon the Application, drawings of the proposed building showing approval by the Historic District Commission, testimony, repre- sentations and letters in the record, the Board finds that the subject lot's area is 2580 square feet, while applicable minimum lot size for the R -C District is 5000 square feet. The present building which,lnsame or similar form predates the By -Law, encroaches upon the north side lot line setback. Accordingly, there is a pre- existing non - conforming use. 3. Applicants note that the proposed building is designed as a replica of a prior building pre- dating the Great Fire of 1846. Acknow- ledging that no such building has stood on the proposed site for more than 3 years (713), they urge that the proposed building would contri- bute to the neighborhood and its historic character. Proposed use is as a retail store. (088 -84) -2- • 4. While evidence was offered of favorable neighborhood senti- ment, a letter and testimony of the south lot line abutter voiced strong opposition. In particular, creation of an opaque party wall on the south side lot line was objected to as blocking light and air for 5 north - facing windows. Other letters and testimony expressed objection to in- creased density of use and loss of air space existing between buildings along Federal Street. The Planning Board recommended unfavorable action. 5. According to testimony, Applicants recently paid market price for the property in question, hence inability to add the new building is not a financial hardship. The present open space was not claimed to be unique in being the site of a former historic building. The proposed extended use is preponderantly more detrimental to the neighborhood than the existing non - conforming use. 6. For these reasons, the requested relief is DENIED, two members voting for denial of relief and one member failing to vote. Dated: December 13, 1984 Nantucket, MA 02554 l /,au /�•M. 7 /'t' MI'l .4 f4d Eileen I. Cahoon William;R. Sherman r - �ti , 011� Linda F. Williams NOTICE A Public Hearing of the BOARD OF APPEALS will be held in FRIDAY, NOVEMBER 3 O, 1984 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of LUCILLE A. JORDAN, RICHARD S. SYLVIA AND MARIO TEIXEIRA (088 -84) seeking a SPECIAL PERMIT under SECTION 71 (expansion of a pre- existing non - conforming use) and a VARIANCE from SECTION 5 (intensity regulations - sideline set -back) of the Zoning By -Law. If granted, the Applicants would be permitted to construct a new building on an undersized lot that would encroach upon the sideline set -back requirement. The proposed building would be used for retail sales and is located at FEDERAL STREET ON THE SOUTH SIDE OF 6 FEDERAL STREET, LOT 1, BOOK 15, PAGE 99, and is zoned RESIDENTIAL - COMMERCIAL. BOARD OF APPEALS Lydle L. Rickard, Ch irman AB -1 FEE $100.00 Case No. y�`16'( 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 Federal Street Lot No. One Plan No. Book is Page 99 District is Zoned for R- C Type of structure (Existing or Proposed) or proposed use: Retail Sales Owner'a Name Lucille A Jordan Richard S Sylvia and Mario Teixelra- Owner's Address 8 Federal Street When did you acquire this property? 1983 Has application been filed at Building Department? Has any previous appeal been made-? Yes (withdrawn No Section of By -law or Code from which relief is requested: Section 7 -1 Expansion of non - conforming use and Section V Intensity Regulations Reason for asking relief: Applicants wish to construct a new huiiding on the;,,_ undersized lot and this constitutes an expansion of a non - conforming use, as the lot is undersized, requiring a special permit under the provisions of the Nantucket Zoning By -Law. They also need a variance from the sideline set -back requirements of Section V of the Zoning By -Law as the proposed structure would encroach upon the sideline setback requirement. By Their Attorney, Signature of applicant Richard J. Glidden ATTACH; (1) A list of the names and addresses 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 your authority to make this application. BOARD'S DECISION Application submitted to Board 10 12 Advertising dates V Hearing date _ Decision of Board Decision filed with the Town I TC`711"7 OF NANTUCKET Toard of Appeals List of parties in interest in the matter of the petition of: Fame: Lucille A. Jordan, Richard S. Sylvia and Mario Teixeira Address: 8 Federal Street Property address: Lot 1, Federal Street, Nantucket, Massachusetts 42.3.1 -206 - Tulbert Realty Trust c/o Jacqueline Tullo 47 Main Street Nantucket, MA 02554 207- -- Alan -Be 1-1- - 4-5 - 44&i-n--St-reet- N -208 - Joseph V. Arno Box 1319 Nantucket, MA 02554 -209 - Robert Snow et al RFD #6 47 Cypress Street Plymouth, MA 02360 -210 - Albert E. Minucci P. 0. Box 194 Barnstable Village, MA 02630 -211 - Robert E. Tonkin 1/4 Mile Hill Nantucket, !A 02554 -223 - Brock Building Trust 53 Main Street Nantucket, MA 02554 -224 - Grace L. Coffin Polpis Road Nantucket, PA 02554 42.3.1 -204 - Paul B. $ Dale W. Waine Trustees of Pearl St. Realty Trust Nantucket, MA 02554 -168 - Andrew M. R'illauer et ux 860 Sport Hill Road Easton, CT 06612 Roman Catholic Church Rectory Orange Street Nantucket, MA 02554 United States of America Post Office Nantucket, MA 02554 Town of Nantucket Selectmen's Office Town $ County Building Nantucket, MA 02554 -212 - Hussey Block c/o Eldridge Norton Box 1375 Nantucket, MA 02554 -127 Boarding House of Nantucket, Inc. 12 Federal Street Nantucket, MA 02554 - �ssessor Town of D?antucket -226 - John S, Rugge -166 - Sherburne Associates India Street Zero 'gain Street Nantucket, MA 02554 Nantucket, MA 02554 -213 - David H, Murray -203 - Petticoat Row 23 Main Street Suite 250 -11 Office Park Dr. Nantucket, MA 02554 Hilton Head, SC 29928 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. - �ssessor Town of D?antucket Page 2 r ° TC F.rl%' OF NAINTTUCKET -oard of Appeals List of parties in interest in the matter of the petition of: Name: Lucille A. Jordon, Richard S. Sylvia F, Mario Teixeira Address: 8 Federal Street Property address: Lot 1, Federal Street, Nantucket, Mass. 42.3.1. 0091 Betty Lou Foster 266 Ecuadorian Way Clearwater, Fla. 33575 070 John Ohman 4 Davis Jane L & Metcalf GC $ DP 16 Federal Street Nantucket, Ma. 02554 130 Carrie Miller Cambridge Street Nantucket, Mass. 02554 1221 Sara S. O'Reilly 9 N. Water Street Nantucket, Ma. 02554 126 Federal Street Realty Trust Glidden $ Grossman Trs. 14 Federal Street Nantucket, Mass. 02554 190 Robert Francis 124 Main Street Nantucket, Ma. 02554 191 Four Winds Real Estate Trust c/o Levine, M.J. $ S.L. Main Street Nantucket, Ma. 02554 192 Michael Scott Realty Trust 17 Main Street Nantucket, Ma. 02554 193 Mary C. Beman 960 Park Avenue New York, New York 10028 207 Walter C. Knott Realty Trust c/o Walter C. Knott, Trustee 4S Main Street Nantucket, Mass. 02554 I certify the foregoing is a list of persons who are owners of land abutting t'le 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 moat recent applicable TAX list. —��o- � - �� -�. ^,sessnr � ot Co OD D D ll r 0 19 m 0 o 07, L 0 0 ;a n TI rZI Ul n iz cr) m co 0 -in CD cl ow 1,3' 0 0 \'j rri