HomeMy WebLinkAbout053-85�5
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» ",•••�, NANTUCKET
NTUC � t OVA N OF
BOARD OF APPEALS
gpORATE iV�AN IJCi \E:ll� MASSACHUSE'i"TS 02554
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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. `
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Nantucket, M.a 02554
William R. Sherman
3 c7 ✓'• V1.
Andrew J. Leddy
Linda F. Williams
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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