HomeMy WebLinkAbout051-88, TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
May 191988
Re: Decision in the Application of
ISLAND MANAGEMENT, INC. (O51 -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
cc: Building Commissioner
Planning Board
Town Clerk
BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, MASSACHUSETTS 02554
DECISION:
At a Public Hearing of the BOARD OF APPEALS held on FRIDAY, APRIL
29, 1988 at 1:30 p.m. in the Town and County Building, Nantucket, in the
matter of the Application of ISLAND MANAGEMENT, INC. (051 -88) address
45 Surfside Road, Nantucket, 02584, the Board enters the following Decision
and makes the following findings:
1. Applicant seeks an amendment to a SPECIAL PERMIT under SECTION
139 -33A, namely, the prior issued Special Permit (006 -86) authorizing
Applicant to construct a vestibule on condition that Applicant build a
traffic barrier or, in the alternative, a new Special Permit under Section
139 -33A to alter or extend a prior existing non - conforming use by allowing
the unconditional construction of said vestibule. The property is located
at 44 ATLANTIC AVENUE (now Surfside Road) Lot 20 on Land Court Plan
26439 -E filed with Certificate of Title No. 6664 and is in the RESIDENTIAL -
10 zoning district, Assessor's Parcel 67 -015.
2. Based upon the Application papers, viewings, site plan, testimony and
representations at the Hearing on April 29, 1988, we find that in our prior
decision dated March 4, 1986, (006 -88) this Board made the finding that
Lot 20 and Lot 11 were merged for zoning purposes as they were under common
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this time, Lot 20 is owned by Island Management, Inc. and Lot ll,as shown
on Land Court Plan 38132 -D,is owned by W.B.B.O., Inc. However, Applicant
had then,and does have now,a long -term lease for parking on the south-
easterly portion of said Lot 11, such parking needed for Lot 20 uses. See
the plan annexed hereto and identified "parking area ". Further, our prior
decision was granted on the condition that:
"An elongated traffic barrier shall be properly
installed and maintained along the front lot
line proximate Surfside Road so as to provide
a clearly defined entry and exit to the Muse.
Design details are left to Applicants' deter-
mination in consultation with the Traffic and
Safety Committee and the Planning Board."
Applicant presented to this Board an excerpt from the minutes of a meeting
of the Traffic Safety Committee on April 3, 1986, in which the Traffic
Safety Committee recommended that no traffic barrier (berm) be installed.
The Planning Board's recommendation was unfavorable to Applicant's request
for relief here, saying "consolidated access to commercial uses is vital to
reducing traffic hazards on arterial roads." Applicant has never constructed
said barrier and, therefore, a question of compliance with the Special
Permit has been raised.
3. Applicant stated that it would mark parking control
lines on the paved area in front of The Muse on Lot 20 showing
perpendicular parking &T the building and parallel parking along
the front lot line proximate Surfside Road leaving, however,
adequate entry and exit driveways between the lot lines and the
parallel parking.
4. Upon the condition that Applicant properly mark
parking control lines as aforesaid, we find that the prior
Special Permit may be amended by striking the condition that a C
traffic barrier be built, that the right to park on Lot 11 is necessary
to satisfy the requisite parking requirements for the use of the
premises and that the granting of this amendment to the prior
Special Permit is in harmony with the general purpose and intent
of the Zoning Code of the Town of Nantucket.
5. Accordingly, this Board
Applicant the requested AMENDMENT TO
the above stated condition.
Dated: May 19 , 1988
Nantucket, MA 02554
by UNANIMOUS vote GRANTS to
SPECIAL PERMIT, subject to
C
DaT67 W. Waine
BOA Form 1 -87 No. -
APPLICATION
NANTUCKET ZONING BOARD OF APPEALS ( "BOA ")
owner's name (s) : ISLAND MANAGEMENT, INC.
Mailing address: 44 Surfside Road, Nantucket, MA 02554
Applicant's name Same
Mailing address:
Location of lot(s): Assessor's map and parcel, 67 -15
Street address 44 Surfside Road
Registry LC PL, )XXBXLWRG4X XM 38132 -D & Lots 20 & 11 Deed ref . C/T 6664
Subdivision Endorsed / / ANR?
Date lots) acquired: 11/ 13/ 74 Zoning district R -10
Number of dwelling units on lot(s): N.A. Rental guest rooms N.A.
Commercial use on lot(s): Restaurant and Bar MCD? No
Building date(s): all pre -'72 zoning? Yes or
Building permit application Nos. and dates 53 -83 & 006 -86 C of 0?
Case No(s). or dates all prior BOA applications:
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:
Application under Section 139 -30A to amend a prior issued Special Permit (006 -86)
authorizing applicant to construct a vestibule at the Muse on condition that applicant
build a traffic barrier, or, in the alternative, an application under Section 139 -33A
to alter or extend a prior existing non - conforming use by allowing the construction of
said vestibule. Relief sought is to waive the requirement that traffic barrier be
built.
Enclosures forming part of this Application: Supplement to above
Site /plot plan(s) X with present4p*op wed- structures X
Locus map X Floor plans present /proposed -- Appeal record 006 -86
Needed: areas frontage setbacks GCR% parking data
Assessor's certified addressee list (4 sets) X Mailing labels` (2 .sets) x
Fee check for $150.00 payable to Town of Nantucket "Cap" covenant
I certify that the requested information submitted is substantially complete
and true o,the best o my knowledge, under pains and penalties of perjury.
Sign: I and ngement, In g. Applicant Attorney /agent X
(If not -wn , show r uthority to. apply: ) THEODORE L TILLOTSON, ESQUIRE
y /i SHERRHANF anwcea &