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Home My WebLink About062-85vp c TOWN OF NANTUCKET &")'(0 BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 July 12, 1985 Re: FEDERAL STREET REALTY TRUST (062 -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 1 BOARD OF APPEALS t T0WN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: At a Public Hearing of the BOARD OF APPEALS held on FRIDAY, JULY 12, 1985 at 1:30 p.m. in the Town and County Building, Nantucket, in the matter of the Application-of FEDERAL STREET REALTY TRUST (062 -85), address 14 Federal Street, Nantucket, MA 02554, the Board finds: 1. Applicant seeks a SPECIAL PERMIT Under Zoning By -Law SECTION 139 -33A to allow an alteration of a pre- existing non - conforming use and relief from the parking requirements to the extent needed under SECTION 139 -18G. Applicant proposes to replace a first -floor apartment unit by a retail shop, maintain the present 4 offices on the second floor, replace the two offices on the third floor with a one bedroom apartment. The pre- mises are located at 14 FEDERAL STREET, PLAN NO.15924 -A at BOOK 147, PAGE 209A, in zoning district RESIDENTIAL- COMMERCIAL. 2. Based upon representations and testimony, a Proposed left eleva- tion and first floor plan, viewings and the site plan accompanying the Application form, it appears that the present 3 -story building pre -dated zoning. We were not provided evidence to show that existing uses pre -dated zoning requirements for off - street parking, but the uses are ones per- mitted in the R -C district. By a prior reckoning, the existing uses would require 27 off - street parking spaces. We base our decision on Applicant's representation of the fact that the uses accountin,7 for thepresently re- quired parking spaces pre -dated the zoning requirement and are thus pro- perly grandfathered. See Section 139 -26F. 3. According to the reckoning at our July 12th hearing, the off - street parking requirements are as follows: Floor First Present Use Retail -500 SF Up to 4 Emply's 2 Bedroom Apt. P.S. Required 3 1 1 Second 4 Offices- 1200SF 6 Up to 7 Emply's 2 Proposed Use Same it Retail -700SF Up to 7 Emply's Same if P.S. Required 3 1 4 2 6 2 .(062 -85) . Floor Third Total Present Use 2 Offices -60OSF Up to 4 Emply's -2- P.S. Required 3 1 17 Proposed Use 1 Bedroom Apt. P.S. Required 1 19 (Note: interpretation of the complex interplay of Sections 139 -18 8, D and I would require advice of counsel; accordingly, the foregoing should not be taken for a precedent binding upon the Board.) 4. Under Section 139 -18G (amended 4 -2 -85 ATM, Art. 16), we may grant the requested waiver of added off - street parking spaces required with Appli- cant's proposed alteration of use upon findings that (a) such relief is in harmony with the general purposes and intent of the zoning chapter and (b) that provisionof such off - street parking is physically impossible for Appli- cant to provide. We so find. The limited space at the rear of the building is not accessible nor physically practicable for parking use. The Planning Board's recommendation was favorable, and no opposition was heard. The building will not be enlarged, actually contracted by removal of a chimney. 5. Accordingly, by UNANIMOUS vote, the Board hereby GRANTS Applicant the requested relief by SPECIAL PERMIT pursuant to Section 139 -18G and 139 -33. Dated: July 26, 1985 Nantucket, MA 02554 William R. Sherman 24 r4e �2 W, 4 zg Andrew J. Leddy AA�,f Linda F. Williams NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, JULY 12, 1985 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of FEDERAL STREET REALTY TRUST (062 -85) seeking a SPECIAL PERMIT under SECTION 139 -33A (pre - existing non - conforming uses, structures) and SECTION 139 -18G (parking requirements) of the Zoning By -Law. If granted, the Applicant could be able to alter the use within an existing building by moving an existing residential apartment on the first floor to the third floor, remove two offices on third floor and add oneretail shop on the first floor. The alteration of use requires a permit pursuant to the parking relief requirements of the By -Law. The property is located at 14 FEDERAL STREET, PLAN NO. 15924 -A and is zoned RESIDENTIAL - COMMERCIAL. William R. Sherman, Chairman BOARD OF APPEALS s AB -1 FEE 1Q�'! < Case No. (pfL ~fig 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 14 ,Fe-dgral Street ., Lot No. Plan No. 15y24 - A District 13 Zoned for Residential - Commercial Type of structure (Existing or Propobed) or proposed use: retail, 2f f ic-e and residential Owner' a Namo.__ _ Federal � ealty Trust Owner's Addreas 14 Federal Street, Nantucket, MA 02554 When did you acquire this property?. February 1973 Has application been filed at Building Department? No Has any previous appeal been made-?- No S4;ction of By -law or Code from which relief is requested: Article V14139-33 , , A; Artirlp IV X139 -18 G Reason for asking relief: applicants intend to move exi ting resiial apartment on first floor to third floor, remove two offices on rh;re flgla..and add one rptgil shop on first floor; under the provisions of the Nantucket Zoning B_v --Law this is an alteration of use within a building on a non - conforming lot and as such requires a special permit. As to parking, the building and present uses are grandfathered for 27 spaces and while the prop SOS will - require less than this 27 spaces,- the building department feel that this alteration of use requires a TWkil gTTO1NC� special permit pursuant to the barking Signature of applicant relief requirements of our by -law. ATTACH: (1) A lint of the names and addressee of each abutting owner and owner abutting the abutters. (2) Check in the amouht of $50.00 made payable to the Town of Nantucket. (3) Map or plan showling the location of the property to be considered. i• (4) If the applicant io other than the owner, please indicate your authority to make 1. is application. BOARD' S DECISION Application submitted to Board Advertising dates Hearing date Decision of Board Decision filed with the Town Oerlc �./ _ ` .; - .. � � f -yam - <- ,.._,. ��' � �...- ��- �1,c: -„d, �;� ,�..- c,,,._ I el cJ� 7 El 141 ii! AV-AM Iii Sri oz /21 Ij 17 72 ff //r"" C!F, V� eq �, 17 1? ,- ("f-'on o e-1 7� X-) X4 I "011 77. - 10 ,21 14 !-X:v .. ...... 41-j f L 43 4 1 !-X:v lo Ab AX ac 74? Adl- 77, 71za e- -F/I 7 Al eo' 12.3 A -Ir5: 17 is Ale All Ile" A, e7 i c IJ j4 Al Xe< -1 '' I I i�l If I I, 1 .. ! i , a..�W _ � � ..n A � � d ,� l r) I'' (: 1 JW �;� , -... ! ; � ,, , 1 ,�' . �,.� f �- .,4 i �, . � � - ,_, ��f � � % 4� '� pp�f �' v s. ,, 1 I }� I � I (12 xt� 3S s- Iv t. II I i '� ' , �� M_.._ �, a .�._ `'rf i,��_ �..�.,.�� . i ,' .� . � t- .' ... P ( / /�' dam' �< �` ,r- �° ._ �. /�l� �� ' f ONN7 ti r: i � la3EM��+ s •' wa VL61 8 t 13 � Q( 3sallb I •a pajaIU3 pue pania0aa kiNnOD 13MOnINVN (�aMOj�eN '(' see► °yl G� tip t C2 o M W �.- v' 1 1 r 1 1 (p 1 N 1 O 1 A 1 ;I 1 10 / ��t •Y O i- • Vs ggs -t6 w } rpm Jarixu6u' •'(a✓W"'wY� y.7v,1 uv a/ *� l 01 v0 sMJ i yrn 5£61 '8Z '9nd 301WO NOU PWI S19.7d ONIr7 w wN1° 090.0;W2 - 906T XSl1JAP- so0osanS '�iTrS'aI �ITTIM x xonsxrx M .'am ao Xna V60-111 JT 'm ;I 10 I \ - 906T XSl1JAP- so0osanS '�iTrS'aI �ITTIM x xonsxrx M .'am ao Xna V60-111 JT 'm "C 'FT7 (�F _,'TUCKET -,a -,d c `ppeals List of parties in interest in !r of the petition of: .Fame: Address; /%1• 7 leiA�7 ]Property address: / �3.1,� �. /-0 _ 6F� I certify the foregoing is a list of persons who are owners of land abutting, Vie property and owners of land directly opposite the property on any street or way, and owners of land within 310 feet of the property, all as they appear on the most recent applicable TAX list. 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