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Home My WebLink About053-86-#-- L- 3 TOWN OF NANTUCKET a (�-) 3 -<&�P BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 June 10, 1986 Re: STEVE MARCOUX (053 -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. G(� ax. --t �_ William R. Sherm n, Chairman BOARD OF APPEALS TOWN OF NANTUC i': `. BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 DECISION: In the matter of the Application of STEVE A. MARCOUX (053 -86) , at a meeting of the Board of Appeals held at 12:30 P.M. on May 30, 1986, at the Town and County Building, Nantucket, the Board enters the following Decision and makes the following findings: 1. This is an application for a SPECIAL PERMIT granting relief from the requirements of Nantucket Code §139 -18 (Off-street Parking Requirements - Change of Use). If granted, the Applicant would be permitted to convert an existing building, used partially as a dwelling and partially as a lodging house, for use partially as a dwelling and partly as office space, notwithstanding that the - premises are nonconforming as to parking requirements. The subject premises consist of the property approximately shown on Assessor's Map 42.4.2 as Parcel 75 (Plan ,Book 16, Page 76, Lot 1), and are zoned as RESIDENTIAL- COMMERCIAL. 2. Based upon the application and the materials and testimony presented at the public hearing, the Board finds that the subject premises consist of a lot of land, in separate ownership since a time prior to the effective date of the zoning by -law in 1972, containing a building now used partially as a dwelling and partly as a lodging house, and with no provision for parking spaces on the lot. The Applicant represented at the hearing, and we find based upon such representation, that the premises have been used (until the death of the prior owner in December, 1985; the premises were devised to the Applicant under her will) in part as a - r dwelling and in part as a lodging house containing three guest rooms since at least the 1940's. The number of parking spaces required for this use is five, consisting of one for the dwelling unit, and four for a three -unit lodging house (within the Core and Resident Parking Permit District). 3. The present and proposed uses of the premises all constitute permitted uses under the zoning by -law in a Residential - Commercial district. • This Board, however, has jurisdiction over the proposed change in use because of the fact that the required parking spaces under the by -law are not provided, by virtue of Nantucket. Code, §139 -18.A. 4. The Applicant, who now resides upon the premises, proposes to eliminate the present lodging -house use, and to replace it with a use of a portion of the premises as office space. He represents that he intends to use it as an investment office, including real estate investments, but not as a real estate brokerage office. Because he expects to have more than one employee, the "customary home occupation" provisions of the by -law are not applicable. 5. By our computation, so long as the gross floor area of the office space to be utilized upon the premises does not exceed 800 square feet (actually, 899 square feet, with rounding) , the required number of spaces for the proposed use of the premises will not exceed five (one for the residential use; four for office use at one per 200 square feet of gross floor area) . 6. This Board finds that the proposed change of use, to another permitted use, will not be substantially more detrimental than the existing use, itself equally nonconforming as to parking, in that there will be no change in the extent of the nonconformity as to number of parking spaces. Accordingly, the Board finds that the proposed change of use is in harmony with the general purpose and intent of the Zoning Act and the Nantucket zoning by -law. 7. The relief granted hereby is upon the conditions (a) that the proposed office space not exceed 899 square feet in gross floor area, (b) that it not be used as a real estate brokerage office (use as an investment office, including real estate investments, being permitted, however) , and (c) that the office space not be rented or leased to others by the owner of the premises (nothing herein, however, prohibiting the lease or rental of the dwelling unit to others). 8. For the reasons and upon the conditions set forth, the BOARD OF APPEALS hereby GRANTS the Applicants relief from the Zoning by -law, Nantucket Code, §139 -19.A, pursuant to §139 -33•A, by a SPECIAL PERMIT, by a UNANIMOUS VOTE. �q '�)u'ne- 10 , 19 N iUcc ��tvCk�Y� /n�4 v2s3 j� . William R. Sherman 3 : s Dorothy D. Vollans C. Mar hall Beale -*= SL{- NOTICE A Public Hearing of the BOARD OF APPEALS will be held on Friday, May 30, 1986, at /Z:30 P.M., in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the applica- tion of STEVE A. MARCOUX (OS3 -86), seeking a SPECIAL PERMIT under Nantucket Code §139 -18 (Off- street Parking Requirements - Change of Use). If granted, the applicant would be permitted to convert existing building used partially as a dwelling and partially as a lodging house for use partially as a dwelling and partially for office use, notwithstanding that the premises are nonconforming as to parking requirements. The premises are located at 19 BROAD STREET, Assessor's Parcel 42.42 -75 (Lot 1, Plan Book 16, Page 76), and are zoned RESIDENTIAL OMMERCIAL. t&"ot William R. Sherman, Chai an BOARD OF APPEALS FEE $100.00 Case No. APPLICAT 1Oh) 10 TRC BOARD OF Ar►°E.ALS Nantucket, Massachusetts To the Members of the Board 06 Appeals: The undersigned hereby aprLies for relief from the terms of the (ZONING BY- LAW) ($VIL -0106 CODE) on Property described below: Location of Property_ 19 Broad Street 4242/75) Lot No. 1 _ _ _ fq§XW M. Plan Book 16, Page 76 District is zoned for Residential Commercial Type of structure (Existing or Proposed) or Proposed use: dwelling /office Owner's Name Steve A. Marcoux Owner's Address c/o Reade & Alger Professional Car ration 4 Youn 's Way, P.O. Box 2669, When did you acquire r�tis et�o aesr Yt usetts 02584 y q p p y Dec Pmhar 30. 1985 Has application been filed at Building Department? No Has any previous appeal been made? No Section of By -Law or Code from which relief is requepted: Nantucket Code §139 -18 (Off - street parking requirements - change of use) Reason for asking relief: Applicant desires to change use of existing building from dwelling and lodging house to dwelling and office space notwithstanding that the premises are nonconforming as to parking requirements. Si natu e o ap cant arah F. Alger, at rney for Steve A. Marcoux 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 Town 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 lZ Advertisinq dates Hearing date(s) Decision of Board Decision filed with the Town Clerk 10 c �3 Cl . 1 3; • M T r 39� 4 44 zj moo. 1 A� l• Qm so= to C~i - I R�oR�cfT F o ^ P " h IIN „ti c� z orb, 1,03. 8z' ri - i w . - - .... ,� s; � • ;� � � ,� 4 fir. iy�� r 44 zj moo. 1 A� l• Qm so= to C~i - I R�oR�cfT F o ^ P " h IIN „ti c� z orb, 1,03. 8z' ri - i w . - - .... ,� s; � • ;� � � ,� 4 fir. iy�� r TO6JN OF MANVIC'KET List of Parti ^_s in interest in the matter of the Petition of: Name: Steve A. Marcoux c/o Reade & Alger Professional Corporation Address: Post Office Box 2669, Nantucket, MA 02584 Property Address: 19 Broad Street, Map 42.4.2, Parcel 75 See attached list (5 pages). 1 certify the foregoing is a list of persons who are owners of land abutting the pronertv and owners 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. L .. • \� Dato �p Assessor Town of Nantdc&et A LIST OF PARTIES IN INTEREST (Application of Steve A. Marcoux, 19 Broad Street, 42.4.2 -75) Town of Nantucket (42.4.2 -29) Information Bureau Nantucket, MA 02554 Town of Nantucket (42.4.2 -30) Town and County Building Nantucket, MA 02554 Robert F. Mooney (42.4.2 -31) 171 Orange Street Nantucket, MA 02554 Lois K. Shapiro (42.4.2 -32) 168 Valley Road Watchung, NJ 07060 Howard R. & Carrol L. Crocker (42.4.2 -33) c/o Carrol L. Crocker 162 Main Street Nantucket, MA 02554 Betty Lou Foster (42.4.2 -34) c/o Broad Street Associates 1430 K Street N.W. Washington, DC 20005 Twenty -four Broad Street, Inc. (42.4.2 -35) 24 Broad Street Nantucket, MA 02554 Mary A. Glidden (42.4.2 -36) Milk Street Nantucket, MA 02554 Philip W. & Margaret G. Read (42.4.2 -37, 38, 78) 29 Broad Street Nantucket, MA 02554 Lenore M. Martin (42.4.2 -40) 43 Center Street Nantucket, MA 02554 Henry, Jr. & Sandra G. Fee (42.4.2 -41) 45 Center Street Nantucket, MA 02554 A. Morris & Beatrice L. Crosby (42.4.2 -42) Pacific National Bank Trust Dept. P.O. Box 1850 Nantucket, MA 02554 Page 1 of 5 Anthony B. & Valerie F. Cahill (42.4.2 -52.1) 360 Adams Street Bedford Hills, NY 10587 Benoit W. Garneau (42.4.2 -54.1) 11 North Water Street Nantucket, MA 02554 Constance Glover (42.4.2 -54.2) 1623 Melrose Avenue Chula Vista, CA 92011 Nantucket Yacht Club (42.4.2 -59, 89) South Beach Street Nantucket, MA 02554 Hudson Holland, Jr. and (42.4.2 -60) Edward F. Vaughan 15 Fair Street Nantucket, MA 02554 Nantucket Historical Association (42.4.2 -61) Nantucket, MA 02554 Philip A. & Ruth E. Osley (42.4.2 -73) 12 Broad Street Nantucket, MA 02554 Wylie L. & Louise C. Collins (42.4.2 -74) and /or Louise W. Collins 17 Broad Street Nantucket, MA 02554 George W. Burgess et al (42.4.2 -76) 21 Broad Street Nantucket, MA 02554 Arthur Krause (42.4.2 -77) 23 Broad Street Nantucket, MA 02554 Prentice Willetts Claflin (42.4.2 -77.1) P.O. Box 176 Nantucket, MA 02554 Curtis L., Jr. & Joan S. Barnes (42.4.2 -79) 12 Sunset Hill Road Nantucket, MA 02554 Byron S. & Suzanne Lingeman (42.4.2 -80) 9 Edmounds Wellesley Hills, MA 02181 Page 2 of 5 Catherine E. Cronin (42.4.2 -81) 5 Ash Street Nantucket, MA 02554 William A. Soady (42.4.2 -82) 68 Bank Street New York, NY 10014 Joseph R. Motta, Jr. and (42.4.2 -83) Charles E. Veysey, Tr. c/o Mrs. C. W. Veysey 8 Rocky Point Road Old Greenwich, CT 06870 Wilhelmina R. Shaw (42.4.2 -84) 196 Valley Road Middletown, RI 02840 Lauretta M. Gibbs (42.4.2 -85) 1 Ash Street Nantucket, MA 02554 Sara Shlosser O'Reilly (42.4.2 -87, 103) 9 North Water Street Nantucket, MA 02554 Paul H. & Diane C. Madden (42.4.2 -88) 17 Union Street Nantucket, MA 02554 Thomas A. & Nancy A. Martin (42.4.2 -90) c/o N.P.A. Associates L.P. 4 North Water Street Nantucket, MA 02554 Nantucket Whaler Realty Trust Condo (42.4.2 -92) c/o D. G. Sweeney, Tr. P.O. Box 2452 Nantucket, MA 02584 Charles & Nella DeFlandre (42.4.2 -93) 2 Ash Lane Nantucket, MA 02554 Mildred H. Rutter (42.4.2 -94) 8 Ash Street Nantucket, MA 02554 Margaret L. Conway (42.4.2 -95) C/o Louise Conway 4 Ash Street Nantucket, MA 02554 Page 3 of 5 John Thomas Dinan, Jr. et ux (42.4.2 -96) 321 Brackett Street Portland, ME 04102 Mary G. Pegg (42.4.2 -97) 10 Fox Meadow Road Scarsdale, NY 10583 Dorothy D. Morris (42.3.1 -1) 48 Center Street Nantucket, MA 02554 Seven Seas Gifts, Inc. (42.3.1 -2) c/o Frances D. Howard 46 Center Street Nantucket, MA 02554 Wayne F. Holmes and (42.3.1 -3) William H. Hays III 35 Center Street Nantucket, MA 02554 Ernest R. & Jane L. Davis (42.3.1 -4) 20 North Water Street Nantucket, MA 02554 Robert E. & Frances C. Leach (42.3.1 -5) c/o R. & C. Taylor 5 Chestnut Street Nantucket, MA 02554 Charles G. & Jeannette L. Carl (42.3.1 -6) 3 Chestnut Street (42.3.1 -69) Nantucket, MA 02554 Thomas D. McGlinn (42.3.1 -7) 1 Chestnut Street Nantucket, MA 02554 Chester S. Barrett, Jr. (42.3.1 -8) 21 Somerset Road Nantucket, MA 02554 Charles L. Walsh (42.3.1 -9.1, 9.2) 21 Federal Street Nantucket, MA 02554 Downeyflake, Inc. (42.3.1 -9.3) P.O. Box 945 Nantucket, MA 02554 East Chestnut Realty Trust (42.3.1 -10.1) c/o Phyllis A. Parker, Tr. 4 East Chestnut Street Nantucket, MA 02554 Page 4 of 5 Phillip S. Balboni (42.3.1 -62) 390 High Street Westwood, MA 02090 Est. of Paul Levine (42.3.1 -63) c/o Lawrence Zucker, Adm. 225 West 34th Street New York, NY 10122 Sharon B. Doucette (42.3.1 -64) 25 North Water Street Nantucket, MA 02554 Richmond Ludlow, Inc. (42.3.1 -66) 38 Center Street Nantucket, MA 02554 Leon M. & Eleanor J. Royal (42.3.1 -68) 31 Center Street Nantucket, MA 02554 John C. Ohman (42.3.1 -70) Jane L. David G. C. & D. P. Metcalfe 16 Federal Street Nantucket, MA 02554 Sixteen Federal Street, Inc. (42.3.1 -71) c/o Peter Martin P.O. Box 838 Nantucket, MA 02554 Sherburne Associates (42.3.1 -72) c/o Ann B. Oliver Zero Main Street Nantucket, MA 02554 Page 5 of 5 NOTICE A Public Hearing of the BOARD OF APPEALS will be held on Friday, May 30, 1986, at 1:30 P.M., in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the applica- tion of STEVE A. MARCOUX ( -86) , seeking a SPECIAL PERMIT under Nantucket Code §139 -18 (Off- street Parking Requirements - Change of Use) . If granted, the applicant would be permitted to convert existing building used partially as a dwelling and partially as a lodging house for use partially as a dwelling and partially for office use, notwithstanding that the premises are nonconforming as to parking requirements. The premises are located at 19 BROAD STREET, Assessor's Parcel 42.42 -75 (Lot 1, Plan Book 16, Page 76), and are zoned RESIDENTIAL COMMERCIAL. William R. Sherman, Chairman BOARD OF APPEALS I