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HomeMy WebLinkAbout006-88TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 February 11 , 1988 Re: Decision in the Application of JOHN MAURY AND THERESA MAURY (006 -88) Enclosed is a notice of the 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 Y 1 cc: Building Commissioner Planning Board Town Clerk BOARD OF APPEALS TOWN1 !OF NANTUCKET NANTUCKET,'- MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at Public Hearing held on FRIDAY, FEBRUARY 5, 1988 at 1:30 p.m.in the Town and County Building, Nantucket, made the following decision dpon the Application of JOHN MAURY AND THERESA MAURY (006 -88) address c/o Glidden and Glidden, 37 Centre Street, Nantucket, MA 02554. 1. Applicants seek a SPECIAL PERMIT pursuant to SECTION 139 -33A of the Zoning By -Law to alter and extend their existing commercial building and its use, without reaching the level of a Major Commercial Development ( "MCD "). Relief by VARIANCES, and SPECIAL PERMIT pursuant to SECTION 139 -18E, is also sought to allow the required off - street loading area and 12 parking spaces to be located on-the lot and partly on an abutting lot, having less than full dimentiohal conformity with Sections 139 -19 and -18. A SPECIAL PERMIT under SECTIONS 139- 9B(3)(a), (b) and (c) is also sought to the extent necessary to allow a tradesman's shop in the building. 2. The premi; es are located at 5 WINDY WAY, Assessor's Parcel 67- 118.2, Plan Book 20, Page 65, Lot 6 and zoned RESIDENTIAL - COMMERCIAL -2. The abutting lot upon which 7 of the parking spaces are to be located is owned, by Applicants' son,Chri,stopher L. Mauryjand is at 3 Windy Way, Assessor's Parcel 67- 118.3, Plan Book 20, Page 65, Lot 7. See Maury Special Permit 069 -87 dated 6/12/87, as revised 7/17/87. 3. Our notice of the relief sought differed from that as46d ;in the Application diapers, on the basis of a 1/11/88 telephone conversation with Applicant,Theresa Maury,by omitting reference to a commercial office area on the second floor. Such omission was understood to be necessary to keep the propsed ddvelopment below the 4000 SF MCD threshold, Section 139- 9B(4)(a)[1][b). Applicants assume the risk for adequacy of notice to suppprt;.the relief given. 4. Our findings are based upon the Application papers, viewing and (006 -8'8) -2- plans, representations and testimony received at our hearings of 1/29 and 2/5/88, including site and floor plans marked "Exhibit A ". 5. At the time in 1982 when Applicants' building was constructed per Building Permit 2265 -82, the subdivision zoning freeze-per Section 139 -33G still applied to the premises. With expiration of the freeze, zoning has gone from RC to RC -2 and the development became subject to the MCD regulation, as well as the uses -by- exception By -Law Section 139- 9B(3). Pre - existing non - conformities accordingly include intrusion into the 20 -foot front yard, MCD status of the warehouse use exceeding 4000 SF of gross floor areayless than 100 -foot spacing of driveways and lack of the Section 139- 9B(3)(b) Special Permit for the warehouse use. With discontinuance of Appli.dants' Emporium business on Main Street, they pro- pose conversion-of the building to three new uses. Because the present MCD will no longer be an MCD with these uses, this Board and not the Planning Board, has jurisdiction. 6. On the second floor (top), a two - apartment duplex will use 1800 SF, and the 400 SF gross floor area balance will serve for an office an- cillary to the first -floor tradesman shop use (825 SF)of gross floor area).,Tha balance of the first floor (1862 SF of gross floor area) is for 6ffice use,;namely, a surveyor's office. Ancillary to that office is 464 SF of commercial storage area in the basement. The basement also accommodates 403 SF of interior vehicle parking area (not for Section 139- 9B(3)(g) storage) and the remainder, mechanical building equipment and owners' personal storage, not ancillary to any commercial use. Total gross floor area of commercial use will then be 3551 SF, i.e., below the MCD 4000 SF lelvel. Applicants will conform with Section 139 -20A barring noxious incidents to the proposed uses. 7. Applicants undertake thatifor such uses, only 12 parking spaces are requiied,l and so no waiver is asked. Relief here and the permit from the Building Commissioner will necessarily reflect this. Seven of the spaces are on the abutting 3 Windy Way lot, as shown on Exhibit "A" (site plan revised 2/5/88). They can be accommodated on {hat lot, we are told, without zoning non - conformity, open area to remain at least 20 % and com- pliance with the Section 139 -18F screening requirements for both lots to be maintained. An easement for such Section 139 -18E parking will be (006 -88) -3- made of record in the Registry of Deeds against title to Lot 7 in support of the requested Special Permit relief. Given the constraints of building topography on these lots and hardship, we make the necessary findings for variance from Section 139 -18C as to the full 24 -foot aisle width to allow 20 feet behind the seven space§. 8. For Section 139 -19 off - street loading area, Applicants under- take to maintain the interior parking area to receive trucks of less than 12 -foot width, larger trucks to be off - loaded in the westerly parking lot aisle. To the extent the interior space is below the Section 139 -19C requirements, we make the necessary findings for variance relief. 9. In addition to the above -noted undertakings, Applicants will subject one of the second -floor apartments to the conditions for year - round occupancy set forth in Section 139 -7C(g) (there applicable to Accessory Apartments). Fdrther to insure that the relief sought will be in harmony with the general purpose and intent of the zoning chapter, and not substantially more detrimental to the neighborhood, we specify the following conditions: (1) the Section 139 -18E recorded easement for the 7 parking spaces on Lot 7 will remain effective for the benefit of Applicants' Lot 6; otherwise;the relief granted here shall lapse; (2) the 403 SF interior basement parking area shall be for ancillary loading and parking and not any commercial use; (3) the 464 SF of commercial basement area shall be used only for storage ancillary to the 1862 SF office area use on the first floor; (4) the 400 SF of second -floor commercial office area shall be used only ancillary to the 825 SF tradesman's shop area on the first floor; (5) 12 parking spaces shall be provided in substantial con- formity to the Exhibit "A" site plan; (006 -88) -4- (6) vegetative screening shall be provided between the ease- ment parking spaces and the 3 Lot 7 spaces (otherwise screening to be per Section 139 -18F (1)(b) and (d) and as shown on-the Exhibit "A" site plan); (7) at least 20'/,,open area will be maintained on Lot 6 (Lot 7 per Section 139 -bf) ; and (8) ground cover will not be increased except for the proposed handicapped -- access ramp. 10. Based upon the foregoing findings, undertakings and listed conditions, and with no opposition heard, this Board QRANTS to Applicants by UNANIMOUS vote the requested SPECIAL PERMIT under SECTIONS 139 -33A, 139- 9B(3)(d), (b) and (c), and 139 -18E and VARIANCES from SECTIONS 139 -18C and 139 -19C to the extent and for the alterations set forth above and substantially conforming with Exhibit "A ". Dated: February / , 1988 Nantucket, MA 02554 i William R. Sherman Dorothy D. Vollans �0 ci - CC& U0 Dale 4;'. Waine (,w-m) NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, JANUARY 29, 1988 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET on the Applica- tion of JOHN AND THERESA MAURY (006 -88) seeking (i) a SPECIAL PERMIT Under SECTION 139 -33A to alter a 1982 commercial building said to pre -exist and be non - conforming as to the 10 -foot front yard setback required by SECTION 139 -16A, by providing two apart- ments on the second floor, 1862 SF of office area and 825 SF of tradesman's shop and storage area on the first floor, and 464 SF of commercial storage in the basement; (ii) a SPECIAL PERMIT under SECTION 139- 9B(3)a, b and c to allow the tradesman's shop; and (iii) a SPECIAL PERMIT under SECTION 139 -18E and a VARIANCE from the SECTION 1.39 -18 panting regulations to allow the required number of off - street parking spaces to be accommodated in part on abutting parcel 67 -118.3 (3 Windy Way) and, if necessary, with 60° parking angle; without waiver of the Section 139 -18F require- ments (no backing into the street; driveways at least 100 feet apart, parking areas to be screened) not the Section 139 -16F requirement of 20% open area for the parcels. The premises are at 5 WINDY WAY, Assessor's Parcel 67- 118.2, Plan Book 20, Page 65, Lot 6 and zoned RESIDENTIAL- COMMERCIAL -2. PF , C /'� William R. Sherman, C airman BOARD OF APPEALS BOA Form 1 -87 No . K_rt APPEICATION* �' NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") Owner's .lame (s) : John Maury and Theresa Maury Mailing address: c /o Glidden , Glidden P.C., 37 Centre Street, Nantucket, MA 02554 Applican :'s name Mailing . Iddress: Same Location of lot(s): Assessor's map and parcel: 67 -118.2 _ Street: address 5 Windy Way, Nantucket Regis':ry k., xx?,k, PL BK & PG, x&kxiMX 20/65 Lot 6 Deed ref . 185/38 Subdi•lision Endorsed _ /_ /_ ANR? Date lo;:ks) acquired: /_ /_ Zoning district RC Number of dwelling units on lot(s): None Rental guest rooms None Commercial use on lot(s): Warehouse /Storage MCD? No Building date(s): all pre -'72 zoning? or 1982 Building permit application-Nos. and dates 2265 -82 C of 0? Case No(s). or dates all prior BOA applications: None State fully all zoning relief sought together with all respective Code sections and subsections, specifically, what you propose compared with present and what grounds you urge, for BOA to make each finding per Section 139 -32A if Variance, -30A if Special Permit, -33A if to alter or extend non - conforming use, cc to reverse Building Inspector by ,Appeal per -31A & B: _Applicant seeks relief by Special Permit pursuant to 139-33A to alter a pre-existing non-con- .forming structure or use The structure was conforming as to front yard setback when hnilt, but became non-conforming--when the zone was h nged from 2C to RC-?- Annlirant also -,Pek¢ -rt-IiQf hY,Snecial Permit rr�uant to 139 -32A and under 139-18E to allow off-street parking off premises under easement on abuttin _property. Aplicant also seeks relief by Variance to the extent n emery to_modifv the dimensional requirements of Section 139 -18 so as to allow parking as laid out on the annexed parking plan showing 60 0angular parking which is not contemplated by the Nantucket Zoninz By -law. Applicant also seeks a Special Permit under 132-30A and 139-9B(3) a), (b), and (c) to the extent necessary to allow a tradesman's shop (See attached sheet) Enclosur,,j forming part of this Application: Supplement bo above Site /plot plan(s) with present /proposed structures Locus map Floor plans present /proposed Appeal record Needed: areas frontage setbacks GCR% parking data Assessor's certified addressee list (4 Sets t sets)::, • Mailing labels (2 :,set.$)_` Fee check for $150.00 payable to Town of Nantucket !'Cap" covenant I certify that he requested information submitted i substantially complete Siand tru t e b o \m led a under pains nd penalties'of perjury: gnature: Applican Attorney /agent (If not owner, show basis �Fautho i ; to '3appfi}c' :)( /9% %'(�lii�V l� If granted, the applicant will be allowed to alter the existing commercial structure and its use to allow the following two dwelling units, 2400 SF of office space and not more than 1800 SF of shop and storage space. (See floor plans for locations and specific dimensions.)