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Home My WebLink About067-86A TOWN OF NANTUCKET (Jia I —�� BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 August 5, 1986 Re: WILLIAM C. CAMERON AND WAYNE MOSHER, FOR THEMSELVES AND MARY E. PATERSON, OWNER (067 -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 bey.-filed within twenty (20) days after this date. � C BOARD OF APPEALS /e.-3e Am �t+�ri Tiaryr 1r�� BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, JULY 259 1986 at 1:30 p.m. in the Town and County Building, Nantucket, made the following Decision upon the Application of WILLIAM C. CAMERON AND WAYNE M. MOSHER, FOR THEMSELVES AND MARY E. PATERSON, OWNER (067 -86), address 4 Broad Street, Nantucket, MA 02554. 1. Applicant Paterson (owner) joined by Applicants Cameron and Mosher (under contract to purchase) seeks a SPECIAL PERMIT under Zoning By -Law SECTION 139 -33A to alter and extend, or replace, an existing com- mercial structure and uses. They would construct a new building to contain bicycle and other retail shops and an Employer Dormitory affording em- ployee living quarters. The premises are located at 10 BROAD STREET, Assessor's Parcel 42.4.2 -065 (Land Court Plan 8269 -A) and zoned RESIDEN- TIAL- COMMERCIAL. 2. Our findings are based upon the Application papers, corres- pondence and counsel's "proposed findings and decision" received at our June 27, 1986 hearing and our discussion at our July 25, 1986 hearing. Regretably, Applicants were not represented at this last hearing to which the matter had been continued pursuant to counsel's letter dated July 11, 1986 and received at our hearing of that date. 3. At our first hearing, the threshold question of our jurisdiction was raised. As we pointed out, Major Commercial Developments are (except for Variance relief) solely within the zoning jurisdiction of the Planning Board, Section 139- 9B(4)(b) as amended 4/85 ATM Article 19B. They are now defined by criteria including at subsection 9B(4)(a)- (2) 4000 SF or more of gross floor area of commercial use,or (3) 20 or more required off - street parking spaces. 4. Applicants' proposed findings include a Schedule "Existing Parking Requirements" showing proposed commercial use of 5130 SF (1918+ (067 -86) -2- 858 +1054 +1300) and at least 32 required parking spaces. Accordingly, the Planning Board has sole jurisdiction for Special Permit relief pertaining to this Major Commercial Development. We note, in addition to Section 139 -33 specified by Applicants, Section 139 -22H for Employer Dormitories and 139- 9B(3)(1) for bicycles. If Applicants were to undertake recon- struction (rather than alteration and extension of non - conforming struc- tures and uses each proven to pre -exist zoning), our zoning chapter may require that the principal relief come from this Board by Variance and not allow Special Permit relief under Section 139 -33A. Variance relief is also called for when a structure, non - conforming as to setback, is to become more non - conforming in distance from the lot line. 5.Applicants have not sought any Variance relief here; hence we cannot take evidence or proceed on the merits of the relief they seek. 6. Accordingly, upon motion to grant the relief sought, the vote was UNANIMOUS in the NEGATIVE, for lack of jurisdiction. Relief is, there- fore, DENIED. Dated: August S, 1986 Nantucket, MA 02554 `v t Sar� William R. Sherman t�Ll r-QW yl� Andrew J. Leddy, Jr. Lam) Dorothy D. Vollans NOTICE -?( 7/ A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, JUNE 279 1986 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of WILLIAM C. CAMERON AND WAYNE M. MOSHER, FOR THEMSELVES AND MARY E. PATERSON, OWNER (067-86) seeking a SPECIAL PERMIT under Zoning By -Law SECTION 139 -33 to alter a non - conforming use. If granted, Applicants would be permitted to remove an old commercial building and construct a new building containing a bike shop, retail shops and employee living quarters. The premises are located at (0 BROAD STREET, ASSES- SOR'S PARCEL 4242 -065, L.C. 8269 -A and zoned RESIDENTIAL - COMMERCIAL. U 6I 4A'* _'� William R. Sherman, Chairm BOARD OF APPEALS rAy'!� k;- -1 FEE $100.00 Case No. APPLICATION TO THE BOARD OF APPEALS Nantucket, Massachuzet ,ro the Members of the Board of Appeals: The undersigr -d hereby applies for relief from the terms of (ZONIN3 By- LAW)(DUILDING CODE) on property described below: Location of Property 4 Broad Street, Nantucket, Mass. _ hot NO. L.C. 8269 -A Plan No. 4242 -065 District is zoned for RC Commercial ,type of structure (Existizig or Proposed) or proposed use: Commercial vtrner s Name Mary E. Paterson - Owner; — Owner's Address 4 Broad Street, Nantucket, Mass. 02554 ',,then did you acquire this property? 1985 Has application been filed at Building Department? No 11as ar.y previous appeal been made? No 0,ection of By -Law or Code from which relic` is requested: Special Permit _._j,ri-altPr nnn- rnnfnrminn LISP 1;prtinn VA -11- iyeason for asking relief: Petitioners seek to remove old commercial building and construct new building to contain bike'shop, retail shops, and employee living quarters per plans attached. N. sigpajure of licant By their attorney: 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 To*.••-i of Nantucket. (3) Four copies of the application and a map or plan the location of the property to be considered. (4) If the applicant is other than the owner, please your authority to make this application. BOARD'S DECISION showJI r u ind Application submitted to Board !� Advertising dates Hearing date (s) -- Decision of Board Decision filed with the Town Clerk ___ . 0 TOWN OF NANTUCKET BOARD OF APPEALS List of parties in interest in the matter of the petition of: Name WILLIAM C. CAMERON and WAYNE M. MOSHER Address 4 Broad Street, Nantucket, Mass. 02554 Property Address Same Nantucket Yacht Club WH, MV 8 N SS Authority Harry Gordon Walter D. Glidden, Jr. Sturgis Pines Realty Trust Henry Fee, Jr., et ux Foster R. Herman, Esq. Roger A. Young, et ux Nantucket Historical Assn. Hudson Hollan� J r. , et al Sidney H.-Killen, et ux Sherburne Associates Pacific National Bank, Tr., c/o EMRE Corp. Zelda .Zlotin, et al Joseph V. Arno J. Richard Judson Florence Ingall Dreamland Theatre, Inc. Irene R. Walsh, et al Town of Nantucket South Beach Street Steamboat Wharf 26 Easy Street 41 Liberty Street c/o Roger A. Young, Tr., 9 Young's Way 24 Center Street 125 William Street, S. Dartmouth, MA 02748 28 Easy Street Nantucket, Mass. 02554 15 Fair Street 10 Easy Street c/o Harborview Shopkeeper, 35 Main Street Macy Lane Gay Street Box 1319 634 Morgan Creek Rd., Chapel Hill, N.C. 27514 c/o Mrs. F. Clifford, 16 Driftwood Lane, Weston, Mass. 02193 5 Water Street c/o Mary1 E. Paterson, 7531 Bristol Lane, Parkland, Florida 33067 Town and County Building I certify the foregoing is a list of persons who are owners of land abutting the property, owners of land abutting the abutters, 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. i .Marc C/ 1986 Date Zee 4 Assessor Town of Nantucket