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HomeMy WebLinkAbout109-85s TOWN )F NANTj_ �("K FT BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02-554 December 9, 1985 -- Re: SOUTH ROAD ASSOCIATES (109 -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 KOARD OF APPEALS. DECISION: BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 At a Public Hearing of the BOARD OF APPEALS held on FRIDAY, NOV- EMBER 22, 1985 at 1:30 p.m. in the Town and County Building, Nantucket, in the matter of the Application of SOUTH ROAD ASSOCIATES (109 -85) address 56 North Liberty Street, Nantucket, MA 02554, the Board finds: 1. Applicant seeks SPECIAL PERMIT under Zoning Code SECTION 139 -33 to alter a pre- existing non - conforming structure having a non - conforming use as an 8 -unit apartment. The premises are located on OLD SOUTH ROAD abutting the Airport property, Lot 43 of Plan 14342 -N in the RESIDENTIAL - COMMERCIAL-2 zoning district. 2. Our findings are based upon the Application papers, viewings, correspondence, testimony, plans, representations and a memorandum pro - ferred by Applicant's counsel at our hearing. It appears that Applicant purchased the property in September, 1985. To meet fire, safety and other building code provisions and to obtain an HDC Certificate of Appropriate- ness, internal and external structural alterations are proposed, shown on plans accompanying the application for a building permit. For our purposes, the changes involve no increase in non- conforming distances or ground cover. The pre- existing character of the non - conforming apartment use is not contested and the Application is not opposed, but has the favorable recommendation of the Planning Board. 3. The 1820 -1830 era building has a residential appearance, is located behind a new commercial building fronting on Old South Road and, to the rear faces Airport property. Lot 33 to the west is to be developed by Applicant or related interests. The entry way and required 40 foot frontage is on this side. To the east, the Lot 43 abuts a way which, by riht of easement, allows a return of vehicles to Old South Road which have entered the lot from the west entry way. 60° parkin;; alon- that entry way is proposed to meet the off- street parkin;:, requirements. As noted, provision is made to avoid backin of 1),-3rked cars onto Old South Zoad. (109 -85) -2- 4. Applicant undertakes to provide screening in reasonable com- pliance with Section 139 -18 F and appropriate landscaping. 5. We find that the proposed extension (abort 200 SF of added ground cover) and alterations of the pre- existing, non - conforming struc- ture are not substantially more detrimental to the neighborhood than the existing non - conforming use. The proposed structure and its continued use as an 8 -unit apartment (one unit for the resident manager) are in harmony with the general purpose and intent of the zoning chapter. 6. Accordingly, this Board, by UNANIMOUS vote, GRANTS to Applicant a SPECIAL PERMIT under Section 139 -33 for the proposed structural altera- tions and extension in conjunction with continuance of the non - conforming apartment use. Applicant accepts the condition requested by the Airport Commission reasonably to notify tenants in advance of the noise and danger from proximity to runways 15 and 33. Dated: December 9, 1985 Nantucket, MA 02554 William R. Sherman Andrew J. Leddy C. Mars all Beale i NOTICE j A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, NOVEMBER 22, 1985 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of SOUTH ROAD ASSOCIATES (109 -85) seeking a SPECIAL PERMIT under Zoning By -Law SECITON 139 -33 (alteration of a pre - existing non- conforming use /structure). If granted, the Applicant would be able to renovate an existing 8 unit apartment building to bring the structure up to current fire and safety codes. The proerty is located at OLD SOUTH ROAD (Nobadeer Apartments, near the Airport) Lot 43- 33 -32, PLAN NO. 14342 -N and zoned RESIDENTIAL- COMMERCIAL 2. roll",. William R. Sherman, Chairman BOARD OF APPEALS �I?F $100.00 "a . A ppT, 1 1,j 0, 'AT 1, 0 '! 1, licket, •assachuset.: ; ,1,0 the members of the p0 -d of Appeals: The undersigned hereby il-()Pli(-s for relief from the terms property escribed Lelow: 7. o,,, A BY-T,AW) (BUTLDTN�7 CODE) ,-cc t i o n of Property.-__ Plan Lo NO - 4? I? _._­ F nod f ,)i or. -.-:':rict is - -0 T, 1),2 of structure (Existing or proposed use: ()-,.:n(-r's Name-- 0'.';,1Cr Is Address 5Z I(Cr-4 r1h 'n did you acquire this property? 11,is application been filed at Building Department? l L4C5 Has any previous appeal 1)r,cn '_ made ?' 4" Section Of By-Law or Code. from which relief is requested: Reason for asking relief: Y. ... ..... ... Sig ture of a pIic;n (1) A list of the nzrne`� and addresses of each and owner 11jo abutters, and owners to (2) A check in the Jlrm�);� !'�'L Of $100.00 made payable of Nantucket. application and (a map Or PILM (3) Four copies of t 11c, , the location of tl­�. property to be considired. (4) If the applicant is other than the owner, please your authority to lnakc' this application. BOARD'S DECISION Application submitted +1-0 Advertising dates - Hearing date(s) _ Decision of Board - Decision filed with the Town T0: ')F NANTUCKET �R D OT' i.T LS of ��arcies in int,:rest in the r r of *_he JCtlt—c',:1 of: 'dame_. - -- A:idress IL Property Address (�'c�.^ �\ �/ ` r _ z(��T (, r�S�, jAOC C.�t ci Owl J, .r 4�z (-,C> /( -r' 'E li\< �j t4c'C( /c_ Z ' r /A �L' b l " . / { __ I certify the foregoing is a list of persons who are owners o` ]' ,cutting the property, owners of land abutting the abutters, oY:, of lar11 diiectly opposite the property on any street or way, owners of land within 300 feet of the property, all as thej on the most recent applicable TAX list. Date Assessor i r. Town of Nantucket