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HomeMy WebLinkAbout053-85�5 �J » ",•••�, NANTUCKET NTUC � t OVA N OF BOARD OF APPEALS gpORATE iV�AN IJCi \E:ll� MASSACHUSE'i"TS 02554 p,N► June 25, 1985 Re: LEON AND ROSE MARTY (053 -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. William R. Sherman, Chairman BOARD OF APPEALS BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at A Public Hearing held on FRIDAY, JUNE 7, 1985 at 1:30 p.m. in the Town and County Building, Nantucket, rendered the following decision in the Application of LEON AND ROSE MARTY (053 -85) of 35 Hooper Farm Road, Nantucket, MA 02554. 1. This is an Application for EXTENSION of the VARIANCE and SPECIAL PERMIT dated July 20, 1984 (amended version, see also May 8, 1984, file no. 022 -84) before expiration. The property is located at 6 OAK STREET, Lot 1, Plan Book 19 at Page 116 and in the RESIDENTIAL - COMMERCIAL Zoning District. 2. We properly confine ourselves to any material change in the By- Law chapter or the circumstances attending the premises in considering extension of the one -year term for a further ( month period. 3. We are reminded by Applicants' cousel that the By -Law require- ments for off - street parking in the case of a restaurant use have been reduced by amendment adopted at the Annual Town Meeting April 1985, Arti- cle 16. Neighboring structures, e.g, on Federal Street have been in- creased in scale pursuant to relief granted by us in other cases. Apart from increased public concern for parking in the Core District, no cir- cumstance has arisen which would tell against an extension. No opposition was heard, and the Planning Board's recommendation was favorable provided that the use of the second floor remain non - commercial, limited to an apartment only. 4. Applicants are understood to intend the use of the proposed second floor solely as their apartment. 5. Accordingly, finding the proposed extension in harmony with the general purposes and intent of the By -Law chapter, the Board by UNANIMOUS vote, GRANTS the requested extension of term. ` • • r. • T Nantucket, M.a 02554 William R. Sherman 3 c7 ✓'• V1. Andrew J. Leddy Linda F. Williams •. I f� NOVICE 641. A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, JUNE 7, 1985 at 1;30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of LEON AND ROSE MARTY (053 -85) seeking an extension of the '•say:• 3, 1984 grant of a SPECIAL PERMIT under SECTION 6B (codified as Section 139 -18- parking requirements) and SECTION 71 (codified as Section 139 -33- expansion or alteration of a pre - existing non - conforming use) and a VARIANCE under SECTION 5 (codified as Section 13`? -16A- intensity regulations) of the Zoning By -Law, as amended July 20, 1984. If extended, Applicants would be permitted to add a second story and extend the existing building by adding 80 SE with a waiver of the parking requirements. The property is located at 6 OAK S'T'REET, LOT 1, PLAN BOOK 19, PAGE 116 (see deed recorded at Book 162, Page 183) and is zoned RESIDENTIAL - COMMERCIAL. M William R. Sherman, Chairman C1' 3� BOARD OF APPEALS LAW OFFICES HOLM ES, HAYS & FITZGERALD 35 CENTER STREET NANTUCKET, MASS. 02554 WAYNE F HOLMES WILLIAM H, HAYS III JULIE A. FITZGERALD Mr. William Sherman, Chairman Board of Appeals Town & County Building Nantucket, MA 02554 RE: Leon and Rose Marty No. 22 -84 Dear Mr. Sherman: 0�-3 - 9 AREA CODE 617 228-0052 May 20, 1985 The Variance /Special Permit granted to the Marty's in the above case is nearing its expiration date. On behalf of the Marty's I am requesting an extension of the Special Permit/ Variance. For your information I have enclosed a copy of the Boards Amended Decision dated July 20, 1984. Would you kindly place this matter on the agenda for hearing on Friday, May 24, 1985 at 1:30 P.M. Very truly yours, J� ie �` tA. �'rtzs� JAF /sdb Enclosure cc: Mr. and Mrs. Leon Marty Mrs. Madelyn Perry, Town Clerk THE COMMONWEALTH OF MASSACHUSETTS NANTUCKET City or Town BOARD OF APPEALS Date: July 20 7 19 84 (date of amended decision) Certificate of Granting of Variance or Special Permit (General Laws Chapter 40A, Section 11) The Board of appeals of the City or Town of NANTUCKET aPA hereby certifies that a Variancegf Special Permit has been granted To LEON AND ROSE TIARTY 1022 -�4} Address __ 6 OAK STREET City or Town NANITU ,K ,T _ affecting the rights of the owner with respect to land or buildings at 6 OAK STREET Lot 1. Plan Bak 19, 'age 116. wee Treed recorded at Book 162, Page 183. And the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said variance — special permit, and that copies of said decision, and of all plans referred to in the decision, have been filed with the planning board and the city or town clerk. The Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A, Section 11 (last paragraph) provides that no variance or special permit, or any ex- tension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the town or city clerk that twenty days have elapsed after the decision has been filed in the office of the city or town clerk and no appeal has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the registry of deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of' record or is recorded and noted on the owner's certificate of title. The fee for such recor- ding or registering shall be paid by the owner or applicant. 4n,6 L4­1- 11 C r-. Cler Chair_ rnan FGf.M 1.193 NOBBS 4WARREN INC FRE115fD 't TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET MPSSACHUSETTS 0.)-)54 DECISION: At a meeting of the BOARD of APPEALS held at 1:30 p.m., Friday April 27, 1984, in the Town and Ccunty Building, Nantucket, in the matter of the Application of LEON & ROSE MARTY (022 -84) , the BOARD finds: 1. This is an Application for a SPECIAL PERMIT granting re- lief from Section 6 (B) (Parking requirements) and Section 7 (I) (expansion or alteration of a pre- existing non - conforming use), and a VARIANCE from Section 5 (Intensity requlations) and Section 7 (H) (Variances), of the Zoning By -Law. if granted, the Applicant will add a second story and extend the building now on the site by adc'.ing 80 square feet. The existing building now encrcaches within the al- lowed rear line set off. The current building is non - conforming. The second floor apartment is proposed to be owner- eccupi-_d. 2. Based upon a review of the Application, supporting doc- uments, plans, testimony, letters and viewing of the site, the BOARD finds that the use of thu premises as a restaurant with an apartment added and with the necessary attendant rehabilitaticn and improvement Of the building, would be in harmony with the gen- eral purposes and ,intent of the Zoning By -Law* 3. M Variance relief may be granted to remove an alleged de- fect in marketability of title by a subdivision Or 1<3n3 by a prior owner into lots which do nut conform t the mini* a ^l lot siz as set forth in Section 5 of the Zoning By- -Law, and f u_-t h('' to permit the LL' 1_ IU: April 27, 1984 Page 2 applicant to increase the ground cover ratio from 52% to 59% under Section 7 (H) of the Zoning By-Law. 4. The BOARD finds that due to the size and shape of the lot and buildings thereon which specifically effect said property, a literal enforcement of the By -Law would involve substantial hard- ship to the applicant. The requested relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such By -Law. 5. For the reasons and upon the conditions set forth, the BOARD hereby GRANTS the Applicant relief from Section 6(B) and Section 7 (I) of the Zoning By -Law by SPECIAL pEP -%IIT, and relief from Section 5 and 7 01) of the Z.on irng By -Law by VARIANCE, by UNANIMOUS vote. 4a Nantucket, i Ly e L. Rickard �w Eileen I. Cahoon Linda - Williams C� -d TOWN OF NANTUCKET BOARD OF APPEALS List of parties in interest in the matter of the petition of: Name Leon and Rose Marty Address 35 Hooper Farm Road, Nantucket, MA 02554 Property Address 6 Oak Street 42.3.1 -10.3 4231 9.1 Mr. Charles L. Walsh 127 Boarding muse of Nantucket, Inc. 9.2 21 Federal Street Partnership 12 Federal St., Nantucket, MA 21 Federal St., Nantucket, MA 10.1 Patricia Barry, Trustee E. Chestnut Realty Trust 66 Gaspie Point 17rive Warwick, RI 02K5 10.2 Fost -,mot R. Herman S- -treet Sc ' 1v1 0G 748 L,1 9.3 Downeyflake, Lic. Hooper Farm Road Nantucket, MA 02554 71. Sixteen Federal Street, Inc. c/o Peter Martin P.O. Box 217, Nantucket, n� 73 Atheneum Library 74 Nantucket, MA 02554 4 Ernst R. & Jane L. Davis 20 North Water Street Nantucket, MA 02554 11.1 Dreamland Theater 17 South Water Street Nantucket, MA 02554 4231 Ann S. Killen Easy St., Nantucket, MA 123 Donald E. DeMarco 240 East 79t11 Street, Apt. 4 New York, NY 10021 122.1 Sara S. O'Reilly 122.2 9 North Water Street Nantucket, MA 02554 129 Postmaster of Nantucket U.S. Post Office, Federal St., Nantucket, 186 Nantucket Historical Association Nantucket, MA 02554 8 Chester S. Barrett, Jr. Somerset Road, Nantucket, MA 02554 72 Sharburne Associates Zero Main St., Nantucket, MA 02554 125 Feder Street Realty Trust 126 Glidden4-Gr-ossman, Trustees 14 Federal :pt"., Nantucket, MA 0/;54 12 Zelda Zlotin, 6'0ia 15 youth Water �¢" „� Nantucket, r J'� 025'54 68 Leon and Eleanor Royal 31 Center St., Nantucket, w K2754 69 Herbert C. Cabral 2 Chestnut St., Nantucket, MA 02554 70 John C. Ohnan, et al, G.C. Met 1 et al 16 Federal St., Nantucket, MA 0-)-54 130 Carrie Miller Nantucket, MA 02554 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. Date r .'. Assessor- Town of Nantucket Page 2 of 2 124 David and Barbara Masters 7 India St., Nantucket, MA 132 Hardy's Inc. 5 South Water Street Nantucket, MA 02554 168 Andrew W. Willauer 880 Sport Hill Road Elston, CT 06612 176 Goan .,W. C,&Ulard 4 South Water St. Nantucket, MA 02554 131 Pacific National Bank, Trustees of J. Gordon MacDonald Trust 61 Main St., Nantucket, MA 02554 4231 Paul B. and Dale W. Waine 204 Pearl Street Realty Trust Nantucket, MA 02554 224 Grace L. Coffin Polpis Road, Nantucket, MA 02554 177_ Michael . t;FAmaty Trust 178 17 Main St., Nantucket, MA 02554 226 Sherman and John S. Rugge 1721 Rev. Philip Davignon 56 Grove Avenue St. Mary's Roman Catholic Church Nantucket, MA 02554 Federal St., Nantucket, MA 02554 7 Thomas B. McGlinn 1 Chestnut St., NeAT ucket, MA 02554 42.4.? .• Ibdelyn Perz'y, `rV" Clerk 4242 Robert F. Mooney 1° TO can dF Nantucket 31 171 orange St . , Nantucket, MA 02554 i. -71 02554 4242 Wylie L. Co7.1_ilis, lf)uise 4242 George W. and Mazy S. Burgess 74 C. Collins, 17 L:.i'fad Pit. 75 19 Broad St., Nantucket, MA 02554 Nantucket, MA 02554 62 Irene R. and James H. Walsh 6_ falter D. Glidden, Jr. c/o Mary E. Peterson kj/Liberty St., Nantucket, MA 02554 11873 N.W. 31st. Street Coral Springs, FL 33065 73 Philip & Ruth E. Osley 093 John B. G�v4 Collen Arno 12 Broad St., Nantucket, MA 21 South G--khrSt. , Nantucket, M7\ 02554 33 iioward R. and Carrol L. Crocker Brewster Road, Nantucket, MA 02554