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HomeMy WebLinkAbout054-85,NTUCIf TOWN OF NANTUCKET BOARD OF APPEALS �gf'ORA NAN "I LTC KET, 'MASSAC'HUSI -A "I'S 02554 July 5, 1985 Re: HENRY HUYSER AND CECILIA iUYSER (054 -85) Enclosed, please find notice of a decision of the BOARD OF APPEALS which has this day been filed with the Town Clerk. :1ny appeal from this action shall he made pursuant to Section 17 of Chapter 'BOA 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 NANTUCKE "!, MASSACHUSETTS 02554 DECISION: At a Public Hearing of the BOARD OF APPEALS held on FRIDAY, JUNE 21, 1985 at 1:30 p.m. in the Town and County Building, Nantucket, in the matter of the Application of HENRY HUYSER AND CECILIA HUYSER (054 -85), address 12 New Street, Nantucket, MA 02554, the Board finds: 1. Applicants seek relief from Zoning By -Law SECTION 7C (codified as Section 139 -27, Rate of Development or Building Cap) by SPECIAL PERMIT or VARIANCE. If such relief could not be granted, Applicants sought a SPECIAL PERMIT under SECTION 6F8 (codified as Section 139 -22H) to convert their existing barbershop into an "Employer Dormitory" although their preference was to convert it, without delay, into a single.- family residence for renting out. The property is located at 66 UNION STREE"I, Lot 67 of Plan 5514, zoned RESIDENTIAL- COMMERCIAL. 2. Based upon the Application papers, representations and testimony at the hearing, it appears that the structure was built by Applicants about 35 years ago and has been used by Applicant Henry Huyser for his barbershop until his recent retirement. In 1984 he applied for and obtained a Building Permit, characterizing the structure to be a single - family dwelling but not showing structural changes for installing a kitchen. Acting in good faith, Applicant Henry Huyser proceeded with renovations until stopped by the Building Inspector. 3. According to testimony offered by the Assistant Building Inspector, the conversion of the long - existing barbershop is regarded as "construction of new principal ... dwelling(s) ...," thus within the Building Cap Section 139 -27. While admittedly the conversion would not have the adverse effects upon the community that Section 139 -27 was intended to address, the Build- ing Inpsector was not empowered to waive the Cap on his own judgement. It was further noted that demand for parking along busy Union Street would be eased by the conversion, no off - street parking being available on the pre- mises before Zoning or now. • (054 -85) -2- 4. No opposition to the relief sought was heard. The Planning Board recommended favoraite action (but not for an employer dormitory). 5. Out of concern that granting a waiver of the Cap in these unusual circumstances might be seized upon by others as a precedent, the condition was proposed, and apparently accepted, that rental in 1985 be limited to natural persons domiciled in Nantucket, thus adopting, in part, the purposes of covenant Section 139 -27F. 6. As the By -Law does not provide the relief sought by grant of a Special Permit, Applicants must meet the test for a Variance. We find that the structure, a barbershop configured for ready conversion into a single - family dwelling, is unique in its circumstances as not to affect generally the R -C Zoning District. A literal enforcement would result in non -use of the premises for approximately a year, depriving Applicants of a financial return upon post- retirement labors, a substantial hardship. The desired relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the By -Law chapter. Particularly is this so with the noted condition. 7. Accordingly, by UNANIMOUS vote, the Board hereby GRANTS to Appli- cants, the requested VARIANCE from SECTION 139 -27, subject to the noted condition applicable in 1985. Dated: July 5, 1985 Nantucket, MA 02554 William R. Sherman Dorothy D. Vollans c C. Mar -hall Beale • NOTICE A Public Hearing of the BOARD OF APPEALS will be help on FRIDAY, JUNE 21, 1985 at 1:30 p.m. in the TOWN AND COUNTY BUILT ?ING, FEDERAL AND BROAD STREETS, NANTUCKET, on the ApplicA- tion of HENRY HUYSER AND CECILIA M. HUYSER (054 -85) seekin2 relief by SPECIAL PERMIT or VARIANCE from SECTION 7C (codified as Section 139 -27, Rate of Develop ment or Building, Cap) of the Toning By-Law. If that relief cannot be granted, Applicants a SPECIAL PERMIT for an employer dormitory under SECTION 6v (codified as Section 139 -22 H). Applicants would be able to cop - plete conversion of a barber shop into a single- family dwellin v4ich could be rented without further delay. the property, i- located at 66 UNION STREET, LOT 66, PLAN NO. 5514 and is zone,! RESIDENTIAL-COMMERCIAL. William R. Sherman, Chairman BOARD OF APPEALS /can, AB -1 FEE $100.00 APPLICATI. To r. To the Members of the Board of . Case No. a � 30ARD OF APPEALS ls: Nantucket, Massachusetts The undersigned hereby appl, for relief from the terms of the (ZONING BY- LAW)(BUILDING CO /DES) on prole `-y described below: Location of Property Lot No. 67 Plan N�. District is zoned for C• _ Type of structu e(Existing or Pro osed) or propoL use: _ Owner's Name d✓� Owner' s Address When did you acquire this property? 7 Has application been filed at Building Department? 17d Has any previous appeal been made? 16p Section of By -Law or Code from which relief is requegted: Reason for asking relief: /,P ps^a�,Prf. sir ,-d &s � &r e.rh" onv /�o�t cotrr .4A_/.__fw "ini. tn.n`f�G /. / /J�i� C'riA� - �..�toOf iZ �' 7� /Ph 04 UhrG� 0f dr �iracb jd pav4k and �h %1 C'/tpf� Signature of applicant efGso would 17 19 1 th J JtOOJ411 ATTACH: (1) A list of the names and addresses of each abutting owner and owner abutting the abutters, and owners within 300 feet. (2) A check in the amount of $100.00 made payable to the Town of Nantucket. (3) Four copies of the application and a 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 Advertising dates Hearing date(s) Decision of Board Decision filed with the Town Clerk z 41 LANE) O F :N LESLIE O. ANO OLIVE LA FoUNTAINE 50� O O�O� N 3(o 19- Z O a13 0 4- & W Y � v N � )e 0 l �o, loo 0 S'Q . } cr C Q W • N Q �,- Ct J J � 3 0 L z o W o = as 85.8o i l O.80 C.13: -_ . — - C•Q- UNION STREET CPS a JULY 1951 J 051AH S. BARRETT 3o�i � E N`R. r i APPI: ^`Ls r c the p(2�--iti - -tr_ d" 'r J Property A, 11 s. �� �._�'�_rc 7U `Ta s��bh -f LhSi�r�2y, �.r: :.= 4 Jl'7 /�r�a� Or p ;�% 17 U,y.D -v Sf - K�14 C,A, -F, 0..lez ,,�f NctN�v c A,f� Mc, v -�� `� / � ��? /?,yW/V.— x?. ©O f-�t r' 7 CrcY rsiNci P. Mall" S4ck4. ft) k/,S����, I �I►is, ,_> /off- >f `r d Lr 3 l,,cam. I'CQm cs Ft to i✓� Ch s P l 6) ra... S.. s - 7 lYaly � -,"C- fycL N -i'c. /Sz f iLja.�g` >t` Q�)'q JY -3 CC>pN s-i - I iv� .�v��.- mod, Q„ r/ca � +��h � f, 1'�l(�. � z p SCr.%C.ltLC.l. �a->-I-) -f' C 1 6 � �e�ey�e�-- - �'��r•m fYc�. D ,i� (YLc�T� �• tc�•�c . Y�Q,N v �" , lc C`i>�5c 2 c- DL<r2Y � f /y �7 n // / ! /-c14.1! L. V �O N 1 C, r /yi, 'jd k- v Zt �\f1..x Litii / IC"Yl �Ci.. L�L Cr1� I a•'�, .. q /� .2 J 0 9r rlan4��lS�f,.c��.y D fc -y r- NQ loeMC n144 Id 6 3 S f .,G o � AUl�x Ilk" k" c k A , j II c.-t__ ff. /C,,4 Y Y -r S�- 093 -PI S'. Qu�7mss n a , sQ 3� . d�? ; . a z - ', - cf I certify the Corr- :qoi::; i <3 list ?f persons who are owners of a!�)utLing he pro '.� o. :�_r.� ; `' lanj abutting the abutters, of hand directly ;)roporty on any street or way, owners of lane; withii- 31oo feet of the property, all as they a; on the most reccnt appl is jhl,-, TAX list. a Date "Assessor ^o.rn of Nantucket f t If," I'i I'll, , , .:,, 1 n t Of the ',:�Ut it i". Address L -��3 7 /7"// 1<2 f) c- 4, S A L" c-14- MCL_ ji ;> fit h-'N 7' 73 tv a t4 4-1) C, jc 2- ez" u i c e CL cto - T- H'A 'm coo Ncz-t4 kz C c e 'c- f cl- A- 'Y C "V C_ 0L0- �D:.�, to c .� ���s , yor,5 S cz- t4 + Q MCL 0 b. I 0'Y 0171 fi,7, 5a f Ma 13 1) OL N +-,j c tic-,q 7L 7 Y- 5 ,W 16 )14 /—"L /y,' �:' r""c" 'n I 10 , :i 7�- M D .)- cl i certiffl, the ''S list of persons who are owners of j — - L -ie -tY, abutters, il-11�-Iing 01 land abutting the abut of 'Jand directly prop,2rty on any street or way, a. C".."ners of lane, ',.,ithir. '00 f,-,(,,t of the proper y, all as the'.', ar, r)j-, the most TAX list. Assessor Town of 'Nantucket _ � 1, .. t 1 i C ._ 1 t ,. ,. . Property Addrl..� -.z" 5..� /'l0.• o� S- ��- ,Tctl" �s 'f ser ox &-fo / 7 n s� �l-rn,'fs (�l cz rat u C K 4L f Mac, e) © 97 �y c; N c c_ t� I Yic�. D �'9 g t 7a'%I c/'5 1GL YY" S 6 @. RV ti'Y J p too J? � ti �✓ < +! /�' � .S /� � .Y /� -� FF�r fir. ��. tie . S'� l d / J a /YI e- -S H (Z-N 6 z5-, -,v- I certify the foregoin -; i�; of persons who are owners of abutting the propccrt.y, ,,r land abutting the abutters, �. of land directly c pposite the property on any street or way, a o% -,hers of la-,A within. 30,:` `eet of the property, all as they a on the n-, -)st recent at �?1 :.c.- +.:ale 'il+ , List . Bat Town Of Nantucket