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HomeMy WebLinkAbout073-86If G� 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 - — 0 18' TOWN OF NANTUCKET BOARD OF APPEAL r.' _ in tr,� ratter of the petition c . . in inLerc3 ti a,i,e — Address PrDv.rty Address — I � 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 !