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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
July 25, 1986
Re: PAUL H. MADDEN AND DIANE C. MADDEN (073 -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:
The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, JULY
11, 1986 at 1:30 p.m. in the Town and County Building, Nantucket, made
the following Decision upon the Application of PAUL H. MADDEN AND
DIANE C. MADDEN (073 -86) address Box 729, Sandwich, MA.
1. Applicants seek a SPECIAL PERMIT under Zoning By -Law SECTION
139 -11 B(4) to change use from a retail shop to a real estate office.
The premises are located at 5 NORTH WATER STREET, Assessor's Parcel
42.4.2 -088 (Plan Book 10/49) and zoned LIMITED COMMERCIAL.
2. Our findings are based upon the Application papers, viewings,
correspondence, Applicants' affidavit dated 7/10/86, and testimony
presented at our hearing. Applicants acquired the property by deed
(book 134, page 416) of February 59 1970. Since prior to Zoning and
continuously since, Applicants claim use of the premises as an antique
shop, with additional gallery (for sale of whirligigs). In the current
season, part of the antique shop has been given over to Applicants'
use as an apartment. To such extent, the prior retail shop use, non-
conforming for lack of Special Permit under Section 139 -11 B(3), has
been voluntarilyconverted to a conforming residential use. See Section
139 -33D.
3. The proposed real estate office use will require no more
office space than the present retail shop use, e.g., 2544 SF. The
retail shop use should have one off - street parking space for (up to
four) employees, whereas Section 139 -18I may be read as not imposing
a similar requirement upon "offices ", Six employees are planned.
4. We are not asked by Applicants for parking relief. The pro-
posed alteration of the pre- existing, non - conforming use from retail
to office does not require further off - street parking. If added parking
is provided for real estate business, the parking plan recommended by
(073 -86) -2-
the Planning Board is endorsed.
5. However beneficial added off - street parking would be for
the real estate business and neighborhood, we do not condition relief
on Applicant conforming to the Planning Board's recommendation. Given
the long retail use in this LC district and the availability of Special
Permit relief under Section 139 -11 B(4), as alternative to 139 -33A,
we properly should and do find the relief sought to be in harmony with
the general purpose and intent of the zoning chapter, without condi-
tions as to parking. No opposition was heard.
6. Accordingly, this Board by UNANIMOUS vote GRANTS to Appli-
cants the requested SPECIAL PERMIT to undertake the real estate office
use in the space used by the existing retail shop.
Dated: July 25, 1986
Nantucket, MA 02554
William R. Sherman
A"V dv-,,
. Andrew J. Leddy, Jr.
75*w
Dorothy D. ollans
NOTICE
77
A Public Hearing of the BOARD OF APPEALS will be held on
FRIDAY, JULY 11, 1986 at 1:30 p.m. in the TOWN AND COUNTY BUILD-
ING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of
PAUL H. MADDEN AND DIANE C. MADDEN (073 -86) seeking a SPECIAL
PERMIT under SECTION 139 -33A in accordance with 139 -11B to change
retail use to real estate office space. The premises are located
at 5 NORTH WATER STREET, ASSESSOR'S MAP 4242, PARCEL 088, BOOK
134, PAGE 415, and zoned LIMITED - COMMERCIAL.
i iam R. Sherman, Chairman7fe--
BOARD OF APPEALS
AB -1
FEE $100.00 Case No.
APPLICATION TO THE BOARD OF APPEALS
Nantucket, Massachuset't;
To the !Members of the Board of Appeals:
The undersigned hereby applies for relief from the terms of
(ZUd;IIDIG BY-11,W (BUILDING CODs) on property described below:
Leccltion of Property. 5 No. Water Street
Lot 00. Y.?_y.2-4) Ff' Plan No. _
limited
District is zoned for commercial (r r) —
Type of structure(Existing or Proposed) or proposed use: commercial(existin,
o ice- (proposed)
Owner's Name Paul H. Madden and Diane C. Madden
Owacr's Address P.O. Box 729, Sandwich, CIA
Whcin did you acquire Phis property?, 1970
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 requested: 139 -11 B
Reason for asking relief: Applicnat I J, seeking a S ecial Permit under
§139 -33 in accordance with §139 -1IB. This property is in a L/C
district and is currently being used as retail space. If Special
ermit is granted, • t is property would be used "7r t/; a rea J9—)-
ottice.
S i ture of ap-p'lici nt
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 T3,vin
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
u
Application submitted to Board
Advertising dates
Hearing dates)
Decision of Board
Decision filed with the Town Clerk - —
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TOWN OF NANTUCKET
BOARD OF APPEAL
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_ in tr,� ratter of the petition c . .
in inLerc3
ti a,i,e —
Address
PrDv.rty Address
—
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Z cc:r.tify tole foregoing is a list of persons who are owners of la
aLuttirg'the property, owners of land abutting the abutters, ownez
of land 'directly opposite the property on any street or way, an
own -rs of land witA'An 300 feet of the property, all as they appe .
on the most recent applicable TAX list.
Assessor
Date
Town of Nantucket
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