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HomeMy WebLinkAbout066-86TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 July 21, 1986 Re: YOUNG'S BICYCLE CHOP, LEASEE FOR ITSELF AND WOODS HOLE, MARTHA'S VINEYARD AND NANTUCKET STEAMSHIP AUTHORITY (066 -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 Tim Z"ii BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, JUNE 27, 1986 at 1:30 p.m. in the Town and County Building, Nantucket, made the following Decision upon the Application of YOUNG'S BICYCLE SHOP, LEASEE FOR ITSELF AND WOODS HOLE, MARTHA'S VINEYARD AND NANTUCKET STEAMSHIP AUTHORITY (066 -86) of Steamship Wharf, Nantucket, MA 02554. 1. Applicant seeks a SPECIAL PERMIT pursuant to Zoning By -Law SECTION 139- 9B(3)(1) to rent bicycles on premises located at 3 STEAMBOAT WHARF, Assessor's Parcel 42.42 -015 and zoned RESIDENTIAL - COMMERCIAL. 2. Based upon the Application papers, correspondence and testi- mony, we find that Applicant Young's Bicycle shop holds a lease from the Steamship Authority, owner of the premises, and has its authoriza- tion to seek the Special Permit. See the Authority's letter of record dated May 28, 1986. The premises, formerly the Skipper Bakery, were recently acquired by the Authority from the Fees. Applicant presently conducts a bicycle rental business one block west at 6 Broad Street, where mopeds are also rented. 3. The requirement for off - street parking spaces for the proposed business is 2 for the retail service area of about 448 SF and 1 for not exceeding 4 employees (2 -3 envisioned). The total of 3 spaces, we are assured by the Authority as well as by Roger Young for Applicant, can be accommodated in a safe manner, of great importance considering the very high level of foot and vehicular traffic along Steamboat Wharf. 4. Given the nature of bicycle rentals we have no difficulty making the required finding that the proposed use will be free of the objectionable characteristics barred by Section 139 -20A, e.g. noise, fumes, etc. However, to ensure that the use will be in harmony with the general purpose and intent of the zoning chapter, we condition relief (066 -86) on the following: -2- a. The use is restricted to bicycle rental and shall not include rental or other use relating to mopeds or to other motorized vehicles or apparatus. b. The Special Permit shall terminate with the termination of Applicant's current lease or, if that is extended, with termination of its extended lease period. c. Three off - street parking spaces will be provided on the premises. 5. The Steamship Authority is not entitled to exemption from the zoning requirement of a Special Permit, bicycle rental not being an essential governmental function. See MGL ch. 40A 53. 6. The Planning Board's recommendation was favorable with res- triction to bicycles only. Counsel for an opponent, not identified to us aSa party in interest, indicated primary concern for Authority leasing matters not in our jurisdiction. 7. Subject to the above - stated conditions, the Board by UNANIMOUS vote GRANTS to Applicant the requested SPECIAL PERMIT. Dated: July al, 1986 Nantucket, MA 02554 Z,,zx�LlleA William R. Sherman 4 n_�n 40 Ve Dorothy D. Vollans C. Ma shall Beal NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, JUNE 27, 1986 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Appli- cation of YOUNG'S BICYCLE SHOP, LEASEE FOR ITSELF AND WOODS HOLE, MARTHA'S VINEYARD AND NANTUCKET STEAMSHIP AUTHORITY (066 -86) seeking a SPECIAL PERMIT under SECTION 139 -9 B (3)(1) for the rental of bicycles and also a finding that the use will not be in violation of SECTION 139 -20A. The premises are located at 3 STEAMBOAT WHARF, PLAN NO. 15, LOT NO. 4242, and zoned RESIDENTIAL - COMMERCIAL. William R. Sherman, Chairma ^, BOARD OF APPEALS A!W�/4' W AB -1' ' FEE t $100.00 Case APPLICATION TO THE BOARD OF APPEALS To the Members of the Board of Appeals: No. Nantucket, Massachusett; The undersigned hereby applies for relief from the terms of (zGi;ID'1G BY- T.,AW) (BUILDING CODE) on property described below: Lccation of Property. Three StQAmboat Wharf, Nantucket MA 2554 Lot No. 4242 — Plan No. Di_s':rict is zoned for Residential Commercial — Type of structure(Existing or Proposed) or proposed use: Owner's Name Woods Hole, Marthas, VinP37ar(i and Nantii�lrAt C +o m h' ^••+ �rity r Ow.ier's Address Steamship Wharf, Nantucket, Massachusetts 02554 _ Wh::n did you acquire this property?, Lease from Has application been filed at Building Department? N/A Has any previous appeal been made? No Section of By -Law or Code from which relief is requested: Special _ Permit pursuant to Sect ion' 1 39- 9 ("R) ( t ) Reason for asking relief: The applicant requests a special permit to rent bicycles on the subject premises pursuant to Section 139-9 (B) (L) of the Nantucket Zoning By -Law Si tore of a licant V� h ATTACH: (1) A list of the names and addresses of each abuttin�, owner and owner abutting the abutters, and owners within 300 feet. (2) A check in the amount of $100.00 made payable to the T:,,an of Nantucket. (3) Four copiLs 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 Advertising dates Hearing date(s) Decision of Board Decision filed with the Town Clerk - — C'J d c I1 41 \Y, a �� A ~ If tA •��'. ter- S it c�l��` :� '� NI It 11 0 ', '''. :.ti •i` twit ��Mv Ngti� Woods Hole, Martha s Vineyard o� and Nantucket Steamship Authority �syiP A�� P.O. Box 284, Woods Hole, Mass. 02543 (617) 548 -5011 ALFRED F. FERRO, Dukes County Member, Chairman JAMES H. SMITH, Falmouth Member, Vice Chairman BERNARD D. GROSSMAN, Nantucket Member, Secretary Al,ll W4 4- 419�fx &A r ti �� :--;64 1 .9 R. G. EASTMAN Acting General Manager WAYNE C. LAMSON Treasurer/Comptroller MEN /#41 7v'-c" 7111,-" elLA-e MAP PARCEL OWNER 1. 4242 16 Joseph.V.:-Arno Box 1319 Nantucket, MA 02554 2. 4242 17 Richard J. Judson 634 Morgan Creek Road Chapel Hill, N.C. 27514 3. 4242 18 XJoseph V. Arno Box 1319 Nantucker, MA 02554 4. 4242 19,20,21 Florence Ingall c/o Mrs. F. Clifford 16 Driftwood Lane Weston, MA 02193 5. 4231 11.2,22 Dreamland Theatre, Inc. 17 South Water Street Nantucket, MA 02554 6. 4242 23,24,25,26 Harry Gordon 26 Easy Street Nantucket, MA 02554 7. 4242 27,28,70 Sherburne Associates c/o Harborvi8w Shopkeepers Trust 35 Main Street Nantucket, MA 02554 8. 4242 64 Sturgis Pines Realty Trust c/o Robert A. Young, Trustee 9 Youngs Way Nantucket, MA 02554 9. 4242 67,68,69 Roger A. and Cynthia N. Young 28 Easy Street Nantucket, MA 02554 10. 4242 65 William C. Cameron and Wayne M. Mosher 4 Broad Street Nantucket, MA 02554 11. 4242 71,72 Walter D. Glidden, Jr. 41 Liberty Street Nantucket, M9 02554 MAP PARCEL OWNER 12. 4242 62 Irene R. and James H. Walsh c/o Mary E. Paterson 7531 Bristol Lane Parkland, FL 33067 13. 4242 66 Henry, Jr. and Sandra G. Fee 25 Center Street Nantucket, MA 02554 14. 4242 12 Nantucket Yacht Club South Beach Street Nantucket, MA 02554 15. 4242 13 Woods Hole, Marthas Vineyard and Nantucket Steamship Authority Steamboat Wharf Nantucket, MA 02554 16. 4242 101 Town of Nantucket Nantucket, MA 02554