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Home My WebLink About009-85TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 February 15, 1985 Re: DOROTHY LEICHTER AND MARY L. REITH (009 -85) 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. lI► IE :.. .. Eileen I. Cahoon, Chairman > P -4 BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 DECISION: At a Public Hearing of the BOARD OF APPEALS held on MONDAY, FEBRUARY 4, 1985 at 1: J p.m., as a continuation of a Public Hearing begun on FRIDAY, FEBRUARY 1, 1985 in the Town and County Building, Nantucket, in the matter of the Application of DOROTHY LEICHTER AND MARY L. REITH (009 -85), the Board finds: 1. This is an Application seeking threefold relief from the provisions of the Nantucket Zoning By -Law; first, the Applicants seek relief from SECTION 5 (sideline set -back) wherein they seek a VARIANCE to allow a zero lot line set -back; second, they seek a VARIANCE from SECTION 5 (ground cover) to allow them 60% ground cover as opposed to the allowable 50% ground cover; and third, they seek a SPECIAL PERMIT relieving them from the parking requirements con- tained in SECTION 6B of the By -Law. Petitioners own the property known as ISLAND MOTORS located at 8 -10 WASHINGTON STREET, Lot 42.3.1 and zoned RESIDENTIAL - COMMERCIAL, which is in the Downtown District of Nantucket, and they would like to separate their ownership and allow each family to do what they want with their respective half of the property. The only feasible way to divide the property involves splitting the building in half and constructing a 12" firewall along the property line, in accordance with an ANR subdivision , into two conforming lots, each in excess of 109000 square feet. 2. Based upon a review of the Application, plans, testimony and representations at the Hearing, the Board makes the following findings: a) The property involved is unique in that the building on the property, which predates Zoning, runs the entire length of the property. Because two separate families each own fifty percent of the property, it is impossi- ble to equitably separate the ownership without violating the side -line setback provision in the Zoning By -Law. If the Board did not grant this relief, the Applicants would be forced to tear down all, or a (009 -85) good portion of the building which in addition to causing the Applicants serious hardship, would do nothing to enhance the neighborhood nor further the spirit and intent of the By -Law. b) The Applicants' proposed renovations and removal of the gas pumping operation from the premises are going to be a major improvement to the appearance of the neighborhood and will also help to alleviate the terrible automobile traffic congestion at that loca- tion in the summertime. Because of the location of this lot relative to Washington Street, an extremely busy thoroughfare leading out of the center of Town, and after reviewing Applicants' plans for renovation of the property, the Board finds that allowing Applicants to have 60% ground cover ratio on both lots One and Two (as shown on Plan drawn by Michael S. Bachman, dated October 3, 1984) will not deviate from the purpose and intent of the By -Law, will be an improvement to the neighborhood and will be in harmony with the gen- eral purposes of the By -Law. c) Applicants propose to provide five (S) off - street parking spaces to service the retail establishments contained on said lots One and Two. Given the fact that the existing gas station has no parking and often has cars lined up into Washington Street waiting for gas, these proposed renovations and five new parking spaces will help the traffic problem rather than add to it. The Board can grant the requested parking re- lief without violating the spirit or intent of the By -Law. d) No opposition was voiced at the Hearing. The Planning Board only recommended against an extra 10% allowable ground cover. ,, -...AP (009 -85) 3. Therefore, the Board, after motion duly made and seconded, UNANIMOUSLY votes to GRANT the following relief: a) A VARIANCE from SECTION 5 (side -line setback) to allow a zero lot line setback for the building as shown on Plan drawn by Bachman and referred to previously. this grant is conditioned upon the Applicants' con- structing a firewall along the property line, said firewall to conform to all requirements of the MA Building Code. b) A VARIANCE allowing Applicants to have up to 60% ground cover on both lots One and Two as shown on said Bachman Plan. c) A SPECIAL PERMIT under SECTION 6B allowing relief from the parking requirements relating to Lot One from 17 spaces to 3 spaces; as relates to Lot Two, the relief is from 15 spaces to 2 spaces both of these Special Permits are conditioned upon the fact that neither lot will have any second story or basement retail space. February 15, 1985 Nantucket, MA 02554 2� = y; M, Eileen I. Cahoon William R. Sherman 4lM fr,� _/ r �j f � Linda F. Williams 9. NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, FEBRUARY 1, 1985 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of DOROTHY LEICHTER AND MARY L. REITH (009 -85) seeking a VARIANCE under SECTION 7H for relief from SECTION 5 (side -line set back, ground cover ratio) and SECTION 6B (parking requirements) of the Zoning By -Law. If granted, the Applicants would be able to separate property known as ISLAND MOTORS so that each family would own their respective halves. To divide the property, the building would have to be split in half by construction of a firewall to be 12" in thickness. The resulting two buildings would in turn violate the set back re- quirements. Petitioners also seek a VARIANCE to allow an in- crease in the ground cover ratio to 60% as it affects the "new lots." They also seek relief from the resulting increase of the parking spaces required. The property is located at 8 -10 WASHINGTON STREET, LOT 42.3.1 and is zoned RESIDENTIAL- COMMERCIAL. �� CV ileen I. Cahoon, Chairman BOARD OF APPEALS s AB -1 FEE $100.00 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 Washington Street uill q-N f� -� M,(N -,O. . PRCNA-A- Lot No. oJ�«v ccz ivay District is Zoned for R -C Type of structure (Existing or Proposed) or proposed use: Commercial Owner's Name Dorothy Leichter MA�7 �, PQ 111_ Owner's Address Old South Road When did you acquire this property? 1 9 L Has application been filed at Building Department? yes Has any previous appeal been made -? no Section of By -law or Code from which relief is requested: Section y Sideline Set Back; Ground Coverage•Ratia and Section 6B Parking Reason for asking relief: See attached sheet. F r ttorn �f Signature of applicant Richard J. GlWe 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. 0 made payable to the Town of Nantucket. (3) Map or plan showipg the location of the property to be considered. i (4) If the applicant is other than the owner, please indicate your authority to make Jthis application. I BOARD'S DECISIO .Application submitted to Board i �S Advertising dates Hearing date Decision of Board Decision filed with the Town Clerk Board of Appeals - Dorothy Leichter Reason for asking relief: Petitioners own the property known as Island Motors and they would like to separate their ownership and allow each family to do what they want with their property. The only way to divide the property involves splitting the building in half (see enclosed plan of Michael S. Bachman) and constructing a 12" firewall along the property line. This would violate the sideline setback requirement of the by- law and Petitioners seek a variance to allow the construction of said firewall. Petitioners also seek a variance to allow an increase in the ground cover ratio to 60% as it affects the "new lots." Petitioners also seek a Special Permit exempting these "new lots" from the requirements of providing off street parking. ABUTTERS, ABUTTERS TO ABUTTERS & ABUTTERS WITHIN 3001 OF ISLAND MOTORS PROPERTY Assessors Map #42.3.1 - Parcel #142 OWNERS: Dorothy M. Leichter & Mary L. Reith MAP PARCEL 42.3.1 37,91,921.'- 38987789,90,93,9491341 135,140,141,181,182,214, 21822281229,2301231 40 41 OWNER & ADDRESS Nantucket Electric Co. Fairgrounds Road Sherburne Assoc. Zero Main Street American Legion Washington Street Bruce Frances Delaney Road 43 Berry, May H. & Heidi L. 2716 Chesapeake St. NW Washington, D.C. 20008 44 Miller, Carrie Cambridge Street 45 Chrichton, Kate & Richard 14R Orange Street 95 Johnson, Edward T. & Virginia 156 Conduit Street Annapolis, MD. 21401 96 Arnold, Deloris 14 Bowdoin Avenue Dorchester, MA. 02124 98 Barrett, Chester.S., Jr. 24 Somerset Road 39 Wheldon, Ernest Mill Hill 42.3.1 99 King, Lester H. & Turnberg, PE Box 48 100 The Captains House Trust c/o Clarence I. Pierce, Jr. 35 Main Street 101 Sibley, Russell & Joan 55 Avon Street Rochester, N.Y. 14625 102 Fairbanks, Walter A. Stone Alley 133 Pacific Club Main Street 143 Reith, Norman & Mary L, 14 Chapin Street Reading, MA. 01867 144 Huyser, Susan c/o Doris H. Jamison 420 Taulman Road Orange, CT. 06477 146 Ayers, Ida 7 Union Street 147 Andrews, Clinton & Barbara 1 East York Street 178 Michael Scott Realty Corp. 17 Main Street 179 Euler, William 3 Bear Street 180 Sylvia, Richard S. ETAL Island Realty Trust Main Street 183 Four Winds Realty Trust Morgan Levine, Trustee Polpis Road .184 Nieburg, Anton & Bernadine 1 Salem Street 185 Ayers, Ida & Lester C., Jr. 6 Union Street 1869217 Nantucket Historical Trust 42.3.2 21 Zero Main Street ti�:'��f�r� /. .� �,.- -CSC ��.z� �a /:_,t�.Z` r MAP PARCEL 42..3.1 187 :: 213 215,216 42.3.2 18,19 42.3.2 145 G OWNER & ADDRESS New England Telephone Co. c/o A.W. Eklund, Staff Mgr. 185 Franklin St. Rm. 1104 Boston, MA. 02107 Rudolph, Robert & Rizkallah, 215 W. 83rd St. Apt. 14B New York, N.Y. 10024 Murray, David H. & Ralph 23 Main Street Union Lodge F. &A. Masons 30 Main Street Backus, Harriett W. c/o Molly Sziklas Wauwinet Humphrey, Mary C. 520 Ash Street Winnetka, IL. 60093 TC -77N OF NANTUCKET '-?oard of Appeals List of parties in interest in the matter of the petition of: Name: Dorothy Leichter Address: Old South Road Froperty address: Washington Street t I t 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. fAssessor Town of Nantucket I i 0;-"i ,� 133 $TR ~, 21: 4 0: to a9 • 9T lei Igo w 140 o: a• 179 ET tiro r T RE $ A� i 216 .�4cci+• N ... ---.. lee 39 g p�EM 90 r W lei W cG Y O i I Y p 91 3 1 ui J J G 9% F, 1 4 5 _ .. L) 144 W AsH�N�TO ENT E►sEM �' ' loo �a t''� v�p� 09 lot , 1: 2 J 9e 9A At.16_A.10 1 I 1 60MId j ANLRIOAN 9e i 44 43 LE910N go 4,0 RIGHT 0A1 41 a• `� ell� 9 3• O 42, 1, 2 .16 - 9} az.a.: —xo 9� (f 4x.3.2_21 102.3.2-22 rj 1 tv of 4 4.3.2-1 103 000 yl �yrD SCHOFIELD BROTHERS, INC. LD hiJ IF PROFESSIONAL ENGINEERS •REGISTERED LAND SURVEYORS < 0 O SHEET INDEX 42.3.1 f ET PLO. - kL -\'JII 14■ FEDERAL ST., NANTUCKET, MA55. �.�..�y W O O Z Z V f 0 m i 'jam 'io 15 4 13 y CV:IEY . �� R013 EAT 1 1 � TOII STE h N j = J 13 J7 J7 71 7D 9 28 I 7 26 25 2 24 72 ] 7:a �' s:� q 4.. Itt77 O 4�I•p ip ! "� CGrg7CP � b S7 56 3 SS 54 t4 S7 IS 12 46 SI p '10 49 40 V.a� H ° 61 °6 °7 GB 69 70 71 7I 77 M.�.'r - _ i ._ 84 B] 23 81 e0 79 87 B 7B 89 77 90 76 9I 71 9 i