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Home My WebLink About048-88TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 May l3 1988 Re: Decision in the Application of AMY SUTHERLAND, FOR HERSELF UNDER CONTRACT TO PURCHASE, AND KEVIN KALMAN, OWNER UNDER CONTRACT TO SELL (048 -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 a' -fter 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, APRIL 29, 1988 at 1:30 p.m. in the Town and County Building, Nantucket, made the following decision upon the Application of AMY SUTHERLAND, FOR HERSELF UNDER CONTRACT TO PURCHASE, AND KEVIN KALMAN, OWNER UNDER CONTRACT TO SELL (048 -88) addresses 53 Surfside Road and 60 Prospect Street, Nantucket, MA 02554, respectively. 1. Applicant seeks a SPECIAL PERMIT under Zoning By -Law SECTIONS 139 -8B(1) and -9B(1) and, to the extent necessary, a modification of Special Permit 028 -87 granted 3/13/87 under Section 139- 9B(3)(a), (b) and (c), to convert the easterly first -floor shop space into a community recreational facility for instructed dance. The premises are located at 6 SALROS ROAD, Assessor's Parcel 66- 020.5, Plan Book 22, Page 63, Lot 4 and zoned RESIDENTIAL - COMMERCIAL -2. 2. Our findings are based upon the record in -this and prior Appli- cation 028 -87, inlcuding parking plan (our Exhibit "A "), viewing, and representations and testimony received at our hearing of 4/29/88. 3. On 0.22 acre Lot 4, Kevin Kalman has constructed a 2 -story 30' x 60' building with shop spaces #1 and #2 of equal area on the first floor and two substantially indentical 2- bedroom apartments on the second floor. Four off- street parking spaces are required for these uses and are provided. Also required is a loading space or bay which Section 139 -19C specifies to be no less than 14' x 35', likewise accommodated on the lot as is the 20% open area now required by Section 139 -16F. Nearby lots on Salros Road are similarly developed. 4. The proposed classroom or studio facility for instructed dance will be in an open space of about 750 SF with no fixed seating or desk and only one teacher /employee. The facility will be operated as a (048 -88) -2- commercial profit- making business, without educational exemption. To preclude excessive traffic and parking reuirement, Applicant proposes limiting Occupancy of the facility to not more than 16 dancers plus teacher. No dance hall or like use is proposed or allowed. 5. Normally, the off - street parking requirement for recreational facilities is, per Section 139 -18I, 1 for each 3 persons of total certi- fied building occupancy. With some 750 SF of dance studio, that would en- tail 250 persons divided by 3, or 83 spaces, hence, the necessity of a tight limit on actual occupancy. With a 16- dancer limit and one employee, we find that 6 parking spaces are needed for the dance facility use plus the 3 spaces needed for shop (1) and residential (2) uses, a total of 9. Applicant's Exhibit "A" parking plan shows 11 spaces and a sufficient loading aisle where the two extra spaces #1 and #2 are located. Also shown are vegetative plantings along the interior lot lines which should meet the screening requirements of Section 139 -18F. The Exhibit "A" layout may have to be altered somewhat for conformity with Section 139 - 18F(i)(c). 6. The Planning Board's recommendation was favorable, and no neighborhood objection was heard. With the provision of adequate off - street parking, screening and open space, we are able to find the re- quested Special Permit in harmony with the general purposes and intent of the Zoning By -Law. No modification of the prior Special Permit 028 -87 is necessary to complement grant of the new Special Permit. 7. Accordingly, by UNANIMOUS vote, this Board GRANTS to Applicant the requested SPECIAL PERMIT under SECTION 139- 8B(1), made applicable in RC -2 by 139- 9B(1), to convert about 750 SF of first -floor shop space into a community recreational facility for instructed dance, with off - street parking and screening on the lot conforming substantially to Exhibit "A" and Section 139 -18F, and dance facility occupancy limited to no more than 16 dancers and one teacher /employee. r (048 -88) Dated: May 13, 1988 Nantucket, MA 02554 /i �y�v -3- William R. Sherman A",, �" Andrew J. Leddy, JR. 7 Dale W. Waine NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, APRIL 29, 1988 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Appli- cation of AMY SUTHERLAND, FOR HERSELF AS LEASES, AND KEVIN KALMAN, OWNER (048 -88) seeking a MODIFICATION of SPECIAL PERMIT 028 -87 under SECTIONS 139 -9B(1) and (3) to allow conversion of one first -floor shop space for use as a dance classroom; alternatively, a finding that such use is permitted under SECTION 139 -9A(2) - "personal services ". The premises are located at 6 SALROS ROAD, Assessor's Parcel 66- 020 -5, Plan Book 22, Page 63, Lot 4 and zoned RESIDENTIAL - COMMERCIAL -2. William R. Sherman, Chairman BOARD OF APPEALS • 11OA Form 1 -87 No.� ARP};LCATION NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") Iiwner's name(s): Kevin Kalman `failing address: 60 Prospect Street, Nantucket, MA \pplicant's name Amy Sutherland `tailing address: 53 Surfside Road, Nantucket, MA Location of lot(s): Assessor's map and parcel: 66- 20.5 Street address 6 Salros Road Registry LC PL, PL BK & PG, PL FL 22/63 Lot 4 Deed ref .249/197 Subdivision yes Endorsed 10 /12 /82 ANR? I)ate lot(s) acquired: 5 /22/_86 Zoning district RC2 ;Dumber of dwelling runits on lot(s): 2 Rental guest rooms commercial use on lot(s): in accordance withSpecial Permit MCD? no Building date(s): all pre -'72 zoning? or Building permit application Nos. and dates 66 -20.5 C of 07 Case No(s). or dates all prior BOA applications: 028 -87 'Mate 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 applicant requests modification of the existing special permit _ for he premises to allow, under Sect -ions 139 -9B(1) and (3), the use of one of Ithe currently permitted shop spaces as a dance classroom with the use of the remainder of the premises remaining unchanged. 1';nclosures forming part of this Application: Supplement to above Site /plot plan(s) X with present /proposed structures X Locus map X Floor plans present /proposed __ Appeal record Needed: areas, frontage setbacks GCR% parking data Assessor's certified addressee list (4 sets) Mailing labels, ('2' -sets) Fee check for $150.00 payable to Town of Nantucket X - 'Cap" covenant I certify that the requested information submitted is substantially complete and truo�o the be of m�ow�, under pains and penalties of perjury.; 'signature` /� Applicant Attorney/agent M is a D.. i ricc, prney for ?1my SuC11�Lland X ([f not own r, sehowsbasts or autiority-to ~ripply. FOR OFFICE US1- .Application copies received: 4; or only ) for BOA _�/ / by LW One copy given Town Clerk L?_/_ by � Complete? _ (/ One copy sent to Planning Board and to Building Dept. __- by $150.00 check given Town Treasurer - _ /Lt/ Wby Notices of hearing posted /� /Ol> mailed /�1i/66 published Hearing(s) held on /_ /_ continued to , /_ /_, _ /_ /_ withdrawn? mailed Decision made _ /_ /_ filed with Town Clerk _ _ / / See related files: application - litigation - other