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Home My WebLink About040-86F/A TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 June 17, 1986 Re: PHILLIPS G. AVERY, FOR HIMSELF AND OWNER BUSKIN, INC. (040 -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 1,71 Ileol, �3s�aN. BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, MAY 30, 1986 at 1230 p.m. in the Town and County Building, Nantucket, made the following Decision upon the Application of PHILLIPS G. AVERY, FOR HIMSELF AND OWNER BUSKIN, INC. (040 -86) address, 21 Meadow View Drive, Nantucket. 1. Applicants seek a VARIANCE from the parking and screening requirements of Zoning By -Law SECTION 139 -18 associated with a recently completed addition to a commercial building. The premises are located at 1 WINDY WAY, Assessor's Parcel 118.4, Lot 8, Plan Book 20, Page 65 and zoned RESIDENTIAL - COMMERCIAL -2. 2. Based upon the Application papers, viewings and plans (marked "Exhibit 1 "), release, easement, deed, representations and testimony received at our hearings of May 2 and 30, 1986, we find that Applicants completed addition is not yet occupied,to the extent required off - street parking has been unavailable. The addition was undertaken in good faith pursuant to a Building Permit. At the time of applying and obtaining the permit, no question was raised by the prior Building Inspector of meeting the parking requirements. No parking plan was asked or filed. 3. As completed, the building when fully occupied should have the following off - street parking spaces ( "OSPS "): USE Retail and office space - One dwelling unit (912 SF Employees - Video House Unemployment Framing store -;said to total 14 per recent Building OSPS 2448 SF 12 apt.) 1 1 :)f f ice 1 or other 1 16* Inspector reckoning. (040 -86) -2- 4. Due to the scale and siting of the structure and provision of deck or walkways, no more than 10 OSPS can be accommodated on the pre- mises fully complying with Section 139 -18C. Applicant has made reasonable provision by the Easement and Release, repectively, for S off -lot spaces on Assessor's Parcel .119 and 2 parallel spaces on Applicants' Windy Way frontage.The Easement provides reciprocally for daytime and night- time uses framed by 6:00 a.m. and 6:00 p.m., appropriate to respective business needs. The Release, entered into by the other Windy Way abutters, gives Applicant unencumbered use of approximately 74 feet of frontage 10 feet wide for parking off the lot along its southerly line. S. Applicant undertakes, as conditions for issuance of the vari- ance, to record the Easement and Release in the Registry against his deed, also to define the required vehicle entry from Windy Way onto his lot with width not greater than 24 feet. For example, railroad ties or land- scaping timbers may be used to channel traffic without impeding a driver's view. Two parking spaces end -to -end near the westerly lot line are to be delineated along with the 10 also on the premises, per Exhibit 1 parking plan (the two being subject to blockage by a vehicle in the nearest one of the ten spaces and so best used daylong by an employee or owner). 6. A further condition is imposed modifying the screening re- quirements of Section 139 -18F (1)(b), in the light of (d) calling for a safe and unobstructed view of traffic. The Surfside bike path runs along Applicants' easterly lot line paralleling the length of -their - conventional split rail fence. This path is crossed by traffic leaving the premises via Windy Way just prior to reaching the Surfside Road. Applicants under- take to carry the fence one rail- section length up Windy Way (generally where a road - closing gate now hangs when open) and to plant and maintain vines of other appropriate vegetation along the existing and new fence sections to provide reasonable screening without obstructing view over the fence. • (040 -86) -3- 7. Because of the topography occasioned by building structure in relation to lot bounds and the hardship of unoccupied commercial space pending parking relief, we find that relief by variance would be support- able upon the conditions noted. However, we strongly favor the actual provision of parking spaces on and off the lot, of the required number. In harmony with the general purpose and intent of the zoning chapter, ensured by the foregoing conditions, we prefer granting to Applicants a SPECIAL PERMIT under Section 139 -18E allowing use of the seven off -site parking spaces of meet that protion of the total parking space require- ment corresponding to the proposed use or uses made of the premises. 8. Accordingly, by UNANIMOUS vote, this Board GRANTS to Applicants such SPECIAL PERMIT under SECTION 139 -18E subject to the conditions noted above. Dated: June 17, 1986 Nantucket, MA 02554 William R. Sherman 1-W,C�Z?�L�y Dorothy d. Vollans hvl C. Marshall Beale AB -1' FEE $100.00 Case No. 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 (7 )'1 r " BY -7,AW) (BUTLDINC CODE) on property described below: Location of property. WiND14 _ Lo PLO. b Di-strict is zoned for - Z Type of structurey(Existing or Proposed) or proposed use:_t�rrtE�G�flL o •ner's Name ,Uu5Kkf' "C - Ow.ier' s Address_ -Z- I MEA 9 V %) 4EVo tV, i J uC KC V h<�n did you acquire Phis property? 1 $3 ties application been filed at Building D`ep��artment? � iias any previous appeal been made ?_ [If _ Section of By -Law or Code from which relief is requested: Reason for asking relief: p CILY��1..� �'f�rn gPai (�GCGQc�t�Th i'(2 vwA- .QeA Vr _ tc aesZ o S'a ature of appl' ant 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 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 j 1 Application submitted to Board Advertising dates t'-inn AAi-P (s) -- Decision of Board Decision filed with the Town Clerk TOWN OF NANTUCKET BOARD OP APPEALS L :..;t of parties in interest in the r.,atter of the petiti.c.n of: :dame E) 1) Sr, 4 Ij 4'm(7- _ Address Zi , -6-9�V� N A KIT 1) 0- { Property Address 0067 -14.1 Evert V. Lamb ETUX Nantucket, MA 02554 14.2 Jonathon Lamb & Alison B. Taylor 97 Orange Street Nantucket MA 02554 14.0 Everett V. Lamb ETAL Nantucket, MA 02554 14.4 Robert W. Lamb 45 Surfside Rd, Nantucket, MA 02554 14.3 Poets CornerPress Inc. Bartlef Rd. Nantucket, MA 02554 15.1 Carl M. Jelleme C/O WBBO Inc. Surfside Rd. Nantucket, MA 02554 15.2 Martin E. McGowan Elbow Lane Nantucket, MA 02554 15.0 WBBO Inc. Windy Way Nantucket, MA 02554 16.0 Edward E. Backus 18 First Way Nantucket, MA 02554 121.0 Eleanor M. Hochanadel 15 Spring Lane Westwood, MA 02090 119.0 Island Mamagement Inc. 46 Surfside Rd. Nantucket, MA 02554 398.0 Dias Realty Trust Quail Lane Nantucket, MA 02554 397.0 „ if „ it „ it 399.0 „ It „ if if 120.3 Island Management Inc. 46 Surfside Rd. Nantucket, MA 02554 120.4 FrancisM. Dias & Elaine E. 50 Surfside Road Nantucket, MA 02554 220.0 Manuel F. Dias & Elaine E. 50 it " it 218.0 Myles M. Reis & Pricilla L. 57 Surfside Rd. Nantucket, MA 02554 118.5 Ronald M. DaSilva Inc. Newtown Rd. Nantucket, MA 02554 118.6 Richard B. Eldridge Jr. & Judith A. Old South Rd. Nantucket, MA 02554 118.7 Nickanoose Association C/O James Day Box1$95 Nantucket, MA 02554 118.1 James A. Cooper Inc. 7 Windy Way Nantucket, MA 02554 118.2 John & Thresa Maury Hummock Pond Rd. Nantucket, MA 02554 118.3 Leonard C. & Madeline Serusa Box 986 Nantucket, MA 02554 11J.1 John A. Boynton Surfside Rd. Nantucket, MA 02554 2 „ if 3 it if .4 it .5 n n 6 ,► it 7 it .8 if g „ it I certify the foregoing is a list of persons who are owners of 1, abutting the property, owners of land abutting the abutters, own of land directly opposite the property on any street or way, and owners of land within 300 feet of the property, all as they appear on the most recent applicable TAX list. Date a� Assessor Town of Nantucket 1C r 1= N fld 000 56. 46409" ' e b 1 • a.l •1 ;,' • yl �� 11 66- VA 1.11 A i LIA 9 6 �`t lie AR '41 le • • 1 2 w 1f3.1 114 VA � e�tOJ 1fl �Itf•i IN Ils.t ? i • u a 1 :1 w 110 Ill Q 111 f122 W r7 1.1A . U6.s 1101 �1A •, �ii IlAS. 3� u.4 112 J O u9.7 116,0 �. 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