The URL can be used to link to this page

Home My WebLink About014-88. E TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 February )f" , 1988 Re: Decision in the Application of PAUL C. SHEETS AND BEVERLY A. SHEETS (014 -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. cc: Building Commissioner Planning Board Town Clerk 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, FEBRUARY 5, 1988 at 1:30 p.m.in the Town and County Building, Nantucket, made the- following Decision upon the Application of PAUL C. SHEETS AND BEVERLY A. SHEETS (014 -88) address c/o Reade and Alger, Box 2669, Nantucket, MA 02554. 1. Applicants seek a SPECIAL PERMIT under Zoning By -Law SECTION 139 -18G to provide relief from any additional parking requirement resulting from a change of use of an existing basement apartment to become part of aoretail store now using part of the basement. The premises are located at 4 EAST CHESTNUT STREET, Assessor's Parcel 42.3.1 -10.1, Plan Book 20, Page 37, Lot 4, zoned RESIDENTIAL - COMMERCIAL. 2. Our findings are based upon the Application papers including "Basement Level Plan" (our Exhibit "A "), viewings, and representations and t,2stimony received at our hearings, also the records of our prior Applications 036 -78 and 139 -86 concerning this property. 3. In our 036 -78 decision dated 12/19/78, a variance sought by Applicants' predecessor under what is now Section 139 -16A was granted to allow the office use of one of two apartments, the second apartment use to be condimued. The subsequent variance in 139 -86 dated 12/5/86 was again from Section 139 -16A and validated the 1885 SF lot size resulting from ANR division of a parcel owned by a predecessor. The question of off - street parking has not been presented to us previously. Only one space is current- ly provided. We are not presented here with any question whether existing uses on the first and upper floors are valid under zoning or not. Nonethe- less, the building is clearly non- conforming as to ground cover ratio and the existing uses are non - conforming as to off - street parking and loading area and open area. Present uses include a retail store, 7 guest rooms and an apartment. 4. Here, Applicants seek relief from the parking requirement to the extent enabling the basement apartment to be vacated and the adjacent . (014 -88) -2- retail store expanded into that space. The store now has a 364 SF floor area for which 2 parking spaces are required. Applicants represent that no additional employees will be working in the store when expanded to 659 SF, so only one additional parking space would be required (one space per 200 SF of retail area). Since one space is ;required for the apartment use, we find that no net increase would result. Further parking on -site is impossible. 5. The basement apartment is characterized as unappealing, unecon- omic and difficult to keep rented. While normally we prefer to retain residential uses in-the core district, the single retail store in the basement which Applicants undertakes here in lieu of the mixed RC use should lessen impact on parking in the nieghborhood if effecting any change at all. The store "Musicall" deals in small musical items such as tapes and discs easily carried without need of a car. No opposition was heard, and the Planning Board's recommendation was favorable. 6. With Applicants' undertaking that the recorded music store will occupy the entire basement space with no additional employees, we find that the requested parking relief would not be substantially more detri- mental to the neighborhood but in harmony with the general purpose and intent of the zoning Chapter 139. 7. Accordingly, on-that basis this Board, by UNANIMOUS vote GRANTS to,)Aoplicants the requested SPECIAL PERMIT under SECTION 139 -18G for the change of use without increase in parking requirement. Dated: February 1g, , 1988 Nantucket, MA 02554 6� -- William R. Sherman 0 -A o. . "L - � ( P. I A C. Mars all Beale La�, u �_ C,0,,�, 0 Dale W. Waine) r N O T I C E A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, Frtz 2UARY 1988, at 1:30 P.M., in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of PAUL C. SHEETS and BEVERLY A. SHEETS ( -88), seeking a SPECIAL PERMIT under SECTION 139 -18.G (Off-Street Parking Requirements in Core and Resident Parking Permit District), to enable a basement apartment to be eliminated, with the adjacent retail store to be expanded into the space thereby vacated. The premises are located at 4 EAST CHESTNUT STREET (Assessor's Parcel 42.3.1 - 10.1) , are shown on Plan Book 20, Page 37, as Lot 4, and are zoned as RESIDENTIAL - COMMERCIAL. William R. Sherman, Chairman BOARD OF APPEALS / PAI i / Z% ON I'm ` BOA Form 1 -87 No,C ARPL-LCATION- NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") Owner's name(s): Paul C. Sheets and Beverly A. Sheets Mailing address: _c /o Reade & Alger PC, P. O. Box 2669, Nantucket MA 0 584 Applicant's name Mailing address: Location of lot(s): Assessor's map and parcel: 42.3.1 -10.1 Street address 4 East Chestnut Strppt Registry be P , PL BK & PC, Pin ?0 -37 Lot 4.- Deed ref. 266 -10fl Subdivision Endorsed 3 / 6/78 ANR? Yes Date lot(s) acquired: 12/31/86 Zoning district Residential- Com-ercial Number of dwelling units on lot(s): TWO Rental guest rooms Seven Commercial use on lot(s): Retail shops, guest house MCD? Not applicable Building date(s): all pre -'72 zoning? Yes or Building permit application Nos. and dates 1074 -79 C of 0? Case No(s). or dates all prior BOA applications: 036-78, 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, or to reverse Building Inspector by;Appeal per -31A & B: The AWlicants rpatPGt- rplipf by ,,pPciai Pprmit under Zoning By Law Section 139-18.G (Off StrpPt Parking Re1uJrPman1 in Cara and Rpnidpnt Parking Pprmit District) to Pnable el i mi na+- i on of ! -hp baspmeni ai2artnent and PxpanPi on of t -hP adjacpnt- rptai 1 story i n1.0 4 hp -Pare now nrrnnied by t -hp apart -mPnt No changp in t -otal nil r of narkincf snacps r- auirpd fnr +hP facility will result- One legal narking spacp is provided upon the prPminPs Enclosures forming part of this Application: Supplement to above Site /plot plan(s) X with present /proposed structures X Locus map Floor plans present /proposed X Appeal.record Needed: areas frontage setbacks CCR% parking data Assessor's certified addressee list (4 sets) X Mailing labeis)(2 -sets) X Fee check for $150.00 payable to Town of Nantucket X "Cap" covenant I certify that the requested information submitted is substantially complete and true to t b st o/f knowledge, under pains and penalties of perjury.. Signature: ( m L Applicant Attorney /agent X T (If not owner, show basis for authority - to- apply :) FOR OFFICE USE / Application copies received: 4:;(or only or BOA l /6 /by L� One copy given Town Clerk ,�/ /�y C_ pa) Complete? t, One copy sent to Planning Board and to Building Dept. _4 by $150.00 check given Town Treasure Notices of hearing posted g P / ?/ mailed �/? / published Z /Z//� -L/ I�earing(s) held on _ /_ /_ continued to _ /_ / _ /_ /_ withdrawn? Decision made _ /_ /_ filed with Town Clerk _;_ /_ mailed See related files: application - litigation - other