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HomeMy WebLinkAbout055-85F?nclosed, ple Ise fin <i not ice of a decision of the BOARD OF APPEA1,S which ha t1�i day been f i 1ed with the Town c Clerk. 'y. ge S r 13 u v (Am R Ke.� 1n� ai�p�_ °al fro*, t't is action � .c�"' o z "I�ow. OF NAN�I�tC'K1�, � � `' es the y^ BOARD OF A ; L ; -; day,-; of ter this date. NANI UCK17" T . MASSACM I i i 02554 August 16, 1985 r` Re: MAP REALTY TRUST (BEST BUY, INC.), PAMELA J. MARKEN, TRUSTEE (055 -85) F?nclosed, ple Ise fin <i not ice of a decision of the BOARD OF APPEA1,S which ha t1�i day been f i 1ed with the Town c Clerk. R. Sherman, Chairman OARD OF APPEAL 1n� ai�p�_ °al fro*, t't is action shall 1,e ; -�:�de pursuant to I~ �cction 11 of Chapter 40A of the General Laws, and shall ? ,)/ he filed within twE.nty (:-�� ;, ; -; day,-; of ter this date. R. Sherman, Chairman OARD OF APPEAL _ BOARD OF APPEALS TOWN OF NANTUCKET �A:4TUCKET, MASSACHUSETTS 02554 DECSION: At a Public Hearing of the BOARD OF APPEALS held on FRIDAY, AUGUST 27 1985 at 1:30 p.m. in the Town and County Building, Nantucket, in the matter of the Application of MAP REALTY TRUST (BEST BUY, INC.), PAMELA J. MARKEN, TRUSTEE (055 -85), address 23 Chuck Hollow Road, Nantucket, MA 02554, the Board finds: 1. Applicant seeks a VARIANCE under Zoning By -Law SECTION 139 -18, affording, relief from the off - street parking requirements. Also sought is a SPECIAL PERMIT under SECTION 13:1 -2211 to allow an Employer Dormitory on the upper floor of the new addition. The premises are located on WEST CREEK ROAD AT THE CORNER OF' PLEASANT STREET, Assessor's Map No. 55, Parcel 1.65, in the RESIDENTIAL - COMMERCIAL Zoning District. 2. From the Application, site plans, representations and testimony, lettersand viewings, the Board finds that an upper- story, one- bedroom apartment was in use by one or two trust beneficiories from 1977 to as recently 1980 or 1981 and perhaps to June 1983. The 1983 assessment did riot reflect any dwelling unit in use. In any event, that use was dropped and is not deemed a factor in our reckoning off - street parking requirements. 3. Applicant constructed 1315 SF of additional warehouse space with- out meeting off-street parking requirements according; to the Building In- spector. His predecessor, acting on an interim basis and alle gedly for Applicant, had granted a Building, Permit for that work. Applicant's con- tinued retail grocery convenience store use is now seen as depending on the grant of relief in this Application. 4. The site plan accompan\,ing the Application form did not delineate off - street parking spaces but simply showed the structUl -e said to be pre - existin4. At the initial hearing June 21, 1985, a "preliminary" plot plan was received showing a potential for 12 diagonal spaces provided a retain - in,2 wall and other exterior structure was removed. With safety as a pride consideration along with ease of vehicle maneuvering by patrons as a very . (Q55 -85) significant concern, we urged Applicant to develop i conforming with the views of the Planning Boar,'', thu Traffic Safety Co littee and the Department of Publik_ Works P(O ice Bepartment. 5. With Applicant's waiver of any clairn to cons?_ructive relief, the hearing was continued to July 12, 1985, thento August 2, 1985. In the interim, Applicant's plans with 11 spaces and later 9 spaces were reviewed with such bodies. By Planning Board letter of July 31, 1985, we received a 110difi.ed plan it favored (attached copy of letter and plan incorporated herein as "Approved Plan ") and having Applicant's approval. We also re- ceived from the Building Inspector's office a reckoning that 12 off - street parking spaces would be required, including one for an apartment; hence, 14 would be required including 3 for an employer dormitory. 6. Serious misgivings were expressed with existing parking condi- tions including over -flow toward neighboring properties, trucks, a part of on- premises activities, spilling out from the truck dock /parking area and use of county easement along Lower Pleasant Street. Concern was also ex- pressed with proposed corner curbing. Given the expertise and reponsi- hilities of those bodies consulted, we are disposed to adopt the recommen- dation and conditions of the Planning Board's letter, the "Approved Plan ". 7. We find the Employer Dormitory use, in conjuction with the Ap- proved Plan, to be in harmony with the general purpose and intent of the /'Orsini; By -Law chapter, subject to the following conditions: (a) The Employer Dormitory shall occupy the upper story space of the new addition, to accorncdate no more than 2 (two) persons, each of whom shall be a valid employee of Appli- cant or Applicant's tenant located on the premises. (b) If use as an Employer Dormitory ceases w'lile the provisions of the building cap Section 139 -27 are in effect, any further dwelling use shall be subject to compliance with that Section. (c) Fhe Approved Plan shall first be put into effect before occupancy of said Fmployer Dormitory shall take place. S. To warr.ent relief by vririance, we find that the circumstances C+A' --l"d rlb—,j � 10-7 t?"—,d )1*FLI -:1? 1�39,j JI 1z k\N L x f"IN93t "N V*4 -A-1ML ✓ 0,3 ja 7mo A r�A�L Va :aLL ) If rUHv V"Ols. v-iotussi :aiL O-L 001.6 co do 0 c Vi - so dpas 1-7 r7r- a j _?rlopi: 17", L (71 L N IV7 J�_ JI 1z k\N L x f"IN93t "N V*4 -A-1ML ✓ 0,3 ja 7mo A r�A�L Va :aLL ) If rUHv V"Ols. v-iotussi :aiL O-L 001.6 co do 0 67. NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, JUNE 21, 1985 at 1:30 p.m. in the TOWN AND COUNTY BUILD - ING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of MAP REALTY TRUST (BEST BUY, INC.), PAMELA J. MARKEN, TRUSTEE, (055 -85) seeking a VARIANCE under SECTION 6B (codified as Sec- tion 139 -18, Parking Requirements), also a SPECIAL PERMIT under SECTION 6F 8 (codified as Section 139 -22H, Employer Dormitory) of the Zoning By -Law. If granted, the Applicant would be able to conduct retail sales at a grocery store (Best Buy, Inc.) with - out full compliance with the parking requirements and with an employer dormitory on the premises. The property is located on WEST CREEFK �OAD,ASSESSOR'S MAP NO. 55, PARCEL NO. 165 and is zoned RESIDFNTIAL- COMMERCIAL. William R. Sherman, Chairman BOARD OF APPEALS eLiu AB -1 'FEE $100.00 Case No. APPLICATION TO THE BOARD OF APPEAL Nantucket, Massachuset'' ; To the Members of the Board of Appeals: The undersigned hereby applies for relief from the terms of (ZONING BY- T,AW)(BUTLDINC CODE) on property described below: Location of Property West Creek Road _ tv� -Ho- Assessor's Map No.55 44-a iq- 4440,- Parcel No.165 District is zoned for RC Type of structure (Existing or Proposed) or proposed use: Neighborhood grocery stor Owner's Name Map Realty Trust (Best Buy, Inc.) Owler's Address 23 Chuck Hollow Road When did you acquire Phis property? December 7, 1979 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 139 -18 (NPW RV IaW rorlification) Section 6F (1924 By Law) Reason for asking relief The provision of off - street parking as required by the By Law is physically impossible for the applicant to provide. Section 6F requires a special permit for an "Employer Dormitory" Signature of applicant AT'T'ACH: (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 T3wn 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 ---ttt — Hearing dates) _ Decision of Board Decision filed with the Town Clerk TOWN OF NANTUCKET BOARD OV LPPEALS of par -ies in interest in the ratter of the r>ctit 'Jame�.�_ —� Mp►P 1 � Tr- �-T l �01 V�p U"f )- — - -- - - - Address 1�> WG� �- �'�• Property Address �j� E--D_ — a (c2e6 am CAIt V L49�T-) I certify the foregoing is a list of persons who are owners oF 1 abutting the property, owners of land abutting the abutters, of lard directly opposite the property on any street or way, am" owners of land within 300 feet of the property, all as they app,_:: on the most recent applicable TAX list. 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