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Home My WebLink About013-86TOWN OF NA TUC I: FT BOARD- OF APPEALS - - - NANTUCKET. MASSACHUSETTS 02554 February /I/ , 1986 Re: RHODA H. WEINMAN FOR HERSELF AND SHARON B. DOUCETTE (013 -86) 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: At a Public Hearing of the BOARD OF APPEALS held on FRIDAY, FEB- RUARY 7, 1986 at 1:30 p.m. in the Town and County Building, Nantucket, in the matter of the Application of RHODA H. WEINMAN, FOR HERSELF AND SHARON B. DOUCETTE (013 -86) address 25 North Water Street, Nantucket, the Board enters the following Decision and makes the following findings: 1. Applicant seeks a MODIFICATION of prior SPECIAL PERMIT (036 -83) granted by this Board, dated September 19, 1983, to remove a restriction of use to a retail antique shop. The premises are located at 36 CENTRE STREET and zoned RESIDENTIAL- COMMERCIAL. 2. Based upon the Application papers, viewings, testimony, repre- sentations and correspondence, we find that Applicant is under a purchase and sale agreement with the owner Sharon Doucette. In keeping with a letter of interpretation dated December, 1985, we understand that Applicant, as purchaser, will install two professional offices (one for herself) and an employee (e.g., secretary's) office on the second floor without invoking a requirement of off - street parking. Applicant asserts a need for Special Permit modification limited, accordingly, to the first floor. The repre- sentation is made that leasing of that floor, if retricted to an antique shop, would be very difficult. Since the purchase has not been consumated this has necessarily to be based on projection, not experience. 3. Nonetheless, the original limitation to a retail antique shop use was adopted as a simple way to satisfy the then owner /applicant and reasonably to assure neighbors and the community of a relatively minimal impact upon parking (and truck loading) compared with the prior residential use. Extensive discussion centered on possible alternative language, not as limiting as "antique shop" but similarly effective to assure minimal parking impact. Proposed, to this end, was "specialty retail shop ". Appli- cant conceded that a modified Special Permit might also appropriately be phrased to exclude sales or service of food or drink, and a real estate (013 -86) -2- office. Only a single integrated specialty retail shop would be permitted to lease the three first -floor rooms. 4. Also accepted by Applicant, to the same end, were business hours limited to 9:00 a.m. to 6:00 p.m. and shop personnel limited to two, whe- ther employee or principal. All of the foregoing restrictions were spoken of as reponsive to letters (about seven) and testimony in opposition. The Planning Board's recommendation was also unfavorable but noting that an alternative low intensity use had not then been proposed by Applicant. Some four letters in favor were received and one opposed changed to favorable by telephone. 5. As the proposed modification would have no anticipated adverse impact on parking, loadings or traffic, we are able to find that it, like the original Special Permit, is for a use in harmony with the general pur- pose and intent of the zoning chapter. 6. The Board by UNANIMOUS vote GRANTS to Applicant the following MODIFICATION of the SPECIAL PERMIT (036 -83) terms and conditions in lieu of the first two stated therein, namely, that the premises are to be used: (a) on the first floor as a single integrated specialty retail shop with no more than two shop personnel and business hours no greater than 9:00 a.m. to 6:00 p.m.; (b) on the second floor for no more than two professionals' offices and one employee's office. The third and last condition ( "all residential uses of the premises are to cease ") shall remain in effect as long as the foregoing non -resi- dential uses are continued.Q�Q�� Dated: February 14, 1986 Nantucket, MA 025541 -_ William R. Sherman Linda F. Williams Andrew J. Leddy, Jr. 1� NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, FEBRUARY 7, 1986 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Applica- tion of RHODA H. WEINMAN, FOR HERSELF AND SHARON B. DOUCETTE (013 -86) seeking a modification of SPECIAL PERMIT (036 -85) dated September 19, 1983 which restricted use of the premises and specifically the first floor to a retail antique shop. If granted, the limitation to antiques would be eliminated. The premises are located at 36 CENTRE STREET in the RESIDENTIAL - COMMERCIAL District. i William R. Sherman, Chairman BOARD OF APPEALS CASE NO.036 -85 APPLICATION TO THE BOARD OF APPEALS 0 NANTUCKET, MASSACHUSETTS To The Members of the Board of Appeals: The undersigned hereby applies for relief from the terms of the (ZONING BY -LAW) (BUILI)ING CODE) on property described below: Location of Property: 36 Centre Street Lot No. Plnn No. District is Zoned For: _FQ- sjde.T.Gial /Commercial Type of Structure (Existing or Proposed) or proposed use: Owner's Name_- ,__ - - ha �n_$eri8S2r1_DQ cette under a reement to Rhoda H. 25 No. Water St., Nantucket Owner's Address 25 MA Weinman When did you acquire this property ?__Doucette on March, _1985_(Weinman to close on March 11,-1986) - - Has application been filed at Building Department? n/a Has Any Previous appeal been made? C7 3�v�g3 es and ranted on Se tember�9, 1983 Section of By -law or Code from which relief is requested? no additioal relief is being requested - simply a modification (see letter att'ach'e'd) Reason for asking for relief: The restriction _Placed ,on ^ the _ September 9, 1983 makes rental of the premises prohibitive. Signature of Applicant Cty� �c J.,sp..n. OQ� 11&01�2 NOTE : Lof-'LJ.S , 16 15 u 31 rc T TO 11 STrPV LA C,) - 15 / 'S�& AT r�4r CKE r 7<Cl; C7 7 �k UIV 7 r, COURT F /LED wlrH Czh,7-. OF* 73C-3 Irl 0 2 3 cc LUJ LOW, /NC p RICHMOND V 0 EnIENT FOR A'O APPARENT' CNC7<OAC�V f4 ,,'7 OA- T-Cll PA5S- -AGE I EAY,-5 0,T-0 WASA42BUA,'" 7-J•:,DPCr<T-Y. 3 C. It ZrY. -�r S. - ZZ 7" 6F Lf�l ly, 3-,. JOSIAH , -s47sSa R S 42.3./ C7 E BAR TT ZoLfc--,rT-r- i3T EX- E - I f),CRCj5Y C,R7-IFY THAT X HAVE THAT ALL su /NED THE PREM /S FS IL AND 9U- D1,VC .0 Z �R- �OCAr- 0" rl�� OROU" AS 5i/OV,',V TO rll,"� Z45T- 01' IfV K11OW4- � r :.L) , C AND AZIL l I .ICRZBY C.CR7-'F-Y TO 7-",OC. B-CST Or "Y 0 R *r c AC, 1-.7 0 PZ ZGc THAT r"AC PRCM ibA: SA OWN ARE HOT LOCArCD -/ THE FLOOD AeAX^R2 OF- LAND AS 2AC414,CArZZ0/ co"n-fullry ^/o. z5oz:50A; /vf -�3. : OF_A I. �/..D. U C,< E'7- 9 - a 74 13Y D-'�7-. A. "A /V7 �Y SCALE: i "= /0' 65 .NO /'E-: rk,,IS iz A 7.APC 5uy?V4 13��,SFZ) C" re4: �OCAr/o,/ 0.- �SURv-'y ;'?,S Of' Or,,ecRa AND iS NOT TO Z3jr ��AR7' - A5!�OC. A PROP--RrY LJIVC SURv -y. 7 lql, �/ 's Awm 110 M0 11 7-r-,-: C, c L R �-Ozcs 5 SPARKS AY -1. NOT TO S; RECORDED R-ICORIDEZ) NANTUCKET, MA. OZS 54 OWNCR CJDVlARZ) W. WA-A�'BURN DlcrL) -BOOK 204 PAGE 33B YtAN A,AHr(1cK.C7- COUNTY RE,-"SrRy OF DEEDS Cry TOWN OF NANT,CKEF 1 - - ",,iz —e,; in intr!rc ;t ill :- it er )f ti,e et i tiin c`. �x 0 Prof -,rt:y Address I A", 6v- 4/,1 -Z I certify the foregoing is a list of persons who are owners of la abutting the property, owners of land abutting the abutters, owne! Of land directly opposite the property on any street or way, owners of land within 300 feet of the property, all as they on the most recent applicable TAX list. �2 J, 6 Le Assessor Town of Nantucket r! /� - -- -- - - - - -- _ .Go. 17 'uC 4e - >!�awea, mar dd-j Udr_�Pfi Ll t -' '- - -- Ile ;,. �/Q /�/ l/' 114, OY cl c7, �1 A Ci!i. tl 414mvL /C� o.2 9w AY, elalvIhW--Ik.*4, 4 'o 01 r, 14 W`7 opt �, �r - -- -- - - -- Q3/-.7 -