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HomeMy WebLinkAbout059-88r F .A NANTOCAET ZONING HOASW Of "TZAL8 NANTDCZNTr NAe AVNUBXTTS 02554 September 16 � 1988 I T File No. (059 -88) To: Parties in interest and others Re: Decision in the Application of MARK DOLAN FOR HIMSELF AS LEASEE AND FOR OWNERS /LESSORS WALTER J. GLOWACKI, DAVID D. GLOWACKI, GREG W. GLOWACKI AND KIM GLOWACKI Enclosed is the decision of the Board of Appeals which has this day been filed with the Nantucket Town Clerk. An appeal from this decisionf nay'be taken pursuant to Section 17 of Chapter 40A, °Massachusetts General Laws. Any action appealing the decision must be brought by filing a complaint in court within twenty (20) days after this date. Notice of the action with a copy of the complaint and certified copy of the decision must be given to the Town Clerk so as to be received within such twenty (20) days. cc: Building Commissioner Planning Board Town Clerk William R. Sherman, Chairman BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 At a public hearing on Friday, August 26, 1988, at 12:30 p.m. in the Town and County Building, Nantucket, on the Application (059 -88) of MARK DOLAN for himself as leasee and for owners /lessors WALTER J. GLOWACKI, DAVID D. GLOWACKI, GREG W. GLOWACKI and KIM GLQWACKI, Mark Dolan having an address at 39 Washington Street, Nantucket, MA 02554, the Nantucket zoning Board of Appeals made the following DECISION: 1. Applicant seeks a Special Permit under zoning Bylaw Section 139 -33A to alter and extend a nonconforming use by replacing a prior residential use of the principal building limited to a commercial (real estate) office use of up to 1,235 SF gross floor area and providing 7 additional off - street parking spaces at the rear of the lot linked to the existing 2 -space parking area by an 11 -foot wide aisle between the principal building and an accessory building intruding into the required southerly side yard, such buildings said to pre -date zoning. The proposed plan for parking and open areas is shown in our Exhibit "A ", attached, entitled 1139 Washington Street Parking Study ". 2. Applicant originally sought relief by variance from the Section 139- 18F(1)(c) bar to more than one.driveway per 100' of frontage and, if necessary, parking relief under Section 139 -18G. However, Applicant now undertakes to comply fully with the requirements of the Off - Street Parking Requirements Section 139 -18 (except 20' driveway width as noted below); hence, such relief is denied. 3. The premises are located at 39 Washington Street, Assessor's Parcel 42.2.3 -034, per Registry Deed Book 166, Page 168, 10/1/78, zoned Residential - Commercial. 4. Our findings are based upon the Application papers including first -floor plan (Drawing No. 0488 -394, Sheet 2) showing the commercial office arrangement in the principal building, viewings, and copy of Building Permit application #1587 -80, parking -plan proposals A -1, A -2, B -1 and B -2 (the latter, as marked up, being Exhibit "A ") received at our hearings of July 8, August 5 and 26, 1988 together with testimony and representations. The hearing set for June 17, 1988, had to be continued to July 8 to allow appointment of members to the newly- created 5- person Board. Our time to act was extended until October 1, 1988, pursuant to agrement with Applicant filed with the Town Clerk, as provided for by State zoning amendment, Chapter File No. 059 -88 498, Acts of 1987. tk 5. We find that the accessory building, formerly a residential garage, was converted without Special Permit but pursuant to otherwise valid Building Permit # 1587 -80. Leaving to the Building Commissioner whether or not a Certificate of Occupancy was duly obtained for antique retail -store use of the 240 SF garage and such use was abandoned, we have no reason here to challenge Applicant's claim to protection under Section 7 of Massachusetts General Laws Chapter 40A based on the lapse of 6 years. The building has, since prior to the requirement of a 5 -foot side -yard setback, been sited too close to the southerly lot line. Any use of this building is, accordingly, nonconforming and qualifies Applicant for Special Permit relief under Section 139 -33A if the other requisite findings can be made. Because the relief sought concerns only the changed use of the principal and not the accessory building, we do not here consider the requirements under Section 139 -19 for off - street loading area associated with retail use. 6. Because of our deep concerns with heavy, arterial traffic and safety vehicle use of Washington Street and the concerns of the Planning Board expressed in their negative recommendation, plans of Applicant with 2 driveway curb -cuts on Washington Street (or parking across the front of the principal building) met with disapproval. The final proposal B -2 (Exhibit "A") is repesented as conforming with Section 139 -18, with one exception. Between the buildings, the driveway to the rear 7 parking spaces narrows to 11 feet. Applicant is unwilling to remove all or part of the accessory building for a full 20' width, citing hardship to do so, nor would Applicant willingly reduce the proposed increase in intensity of use of the premises. 7. For relief, we must find that Applicant's proposal would not be substantially more detrimental to the neighborhood than the pre- existing residential use but in harmony with the general purpose and intent of the zoning Chapter 139. Noting that commercial use of the premises is allowed in the R -C District, we make this finding on the basis set forth above upon the following conditions: (a) The open areas, shown shaded on Exhibit "A ", shall not be used for parking in keeping with Section 139 -18F. (b) A fence with vegetative screening shall be maintained along the Washington Street sidewalk as marked on Exhibit "A" to deter parking in front of the principal building. (c) The first parking space off of Washington Street shall remain available for parking but shall appear as part of the driveway entry with full width to the - 2 - File No. 059 -88 southerly lot line to facilitate vehicular entry and exit with minimum obstruction of traffic flow on Washington Street. (d) Except for the driveway narrowing to 11 feet, the premises shall be maintained in conformity with Section 139 -18 and substantial conformity with Exhibit "A ". 8. Accordingly, by unanimous vote of this 4- member Board, relief as requested by Applicant is granted as a Special Permit under Section 139 -33A, subject;to the conditions set forth above. Dated September /4, 1988 C. Ma hall Be ;r William R. Sherman alj-� Peter F. D oley i ge 1f114. 1 V11&"A1 14(tal Ylf �'luG - 3 - EDWARD FOLEY VAUGHAN KEVIN F DALE MELISSA D. PHILBRICK RACHEL G.HOBART VAUGHAN, DALE AND PHILBRICK ATTORNEYS AT LAW WHALER'S LANE NANTUCKET, MASS 02334 (617) 228-4485 August 9, 1988 BY HAND Mr. William Sherman, Chairman Board of Appeals Town and County Building Broad Street Nantucket, Massachusetts 02554 RE: Application of Mark Dolan, ( #059 -88) 39 Washington Street Dear Bill: On behalf of the Applioapt, I hereby waive the requirement of Section 139,32E that the Board must act on the above - referenced application within 75 days after the date of its filing. This letter shall confirm the extension by consent of this time period through and until.October 1, 1988. MDP /md cc: Mr. Mark Dolan Mr. David Glowacki Mr. Robert Liechter Mr. Neil Parent Sincerely, NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, JUNE 17, 1988 at 1:30 p.m. in the TOWN AND COUNTY BUIlDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Appli- cation of MARK DOLAN, for himself as leasee and WALTER, DAVID D., GREG W. AND KIM GLOWACKI, owners /leasors (059 -88) seeking a VARIANCE from the SECTION 139- 18F(1)(c) requirements of 20 -foot driveway width and only one driveway per 100 -feet of street frontage to allow a new parking plan with one -way driveways as narrow as 11 feet for CCW circulation past 11 off - street parking spaces to the rear, south side and front of the main building (converted from residential to real - estate office use). Alternatively, if necessary, a SPECIAL PERMIT under SECTION 139 -18G is sought waiving any required parking spaces which cannot properly be provided. The premises are located at 39 WASHINGTON STREET, Assessor's Parcel 42.2.3- 34 (see Book 166, Page 168, 10/1/78) zoned RESIDENTIAL - COMMERCIAL. William R. Sherman, Chairman BOARD OF APPEALS BOA Form 1 -87 No..- APPLICATION- NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") Owner's name(s):Walter Glowacki, David D. Glowacki, Greg W. Glowacki, Kim Glowacki Mailing address: P.O.Box N, Nantucket, Massachusetts Applicant's name : Mark Dolan Leasee Mailing address: 39 Washington Street, Nantucket, Massachusetts Location of lot(s): Assessor's map and parcel: 42.2.3 -34 Street address 39 Washington Street Registry LC PL, PL BK & PG, PL FL Lot _ Deed ref. 166/168 Subdivision Endorsed / / ANR? Date Lot(s) acquired: 9 /23/ 87 Zoning district RC Number of dwelling units on lot(s): 1 Rental guest kooms Commercial use on lot(s): Pre - existing commercial use in garage MCD? Building date(s): all pre -'72 zoning? x or Building permit application Nos. and dates 9130(go + 16111ffo C of 07 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, or to reverse Building Inspector by:Appeal per -31A & B: SEE ATTACHED SUPPLEMENT Enclosures forming part of this Application: Supplement bo above Site /plot plan(s) x with present /proposed structures x Locus map x Floor plans present /proposed x Appeal record' Needed: areas frontage setbacks GCR% parking data Assessor's certified addressee list (4 sets);:, Mailing -labels) (2:•s�ts)�� 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 t "thnbes of m knowl"eddge, under pains and penalties.`of perjury] Signature: /�ic�e Applicant Attorney /Agent x i ric c (If not owne , snow as is tor authority tb-:apply:) FOR OFFICE USE \ Application copies received: 4(or only ) for BOA d� y \ Complete? One copy given Town Clerk / _ by C.: - '� One copy sent to Planning Board and to Buil�d'ing Dept. by , $150.00 check given Town Treasurer �� 6� Notices of hearing posted Ce /9� mailed L/`, published � /zga , / Hearing(s) held on _ /_ /_ continued to _ /_ /_, _ /_ /_ withdrawn? Decision made _ /_ /, filed with Town Clerk _ /_ /, mailed _ /_ /_ See related files: application - litigation - other SUPPLEMENT TO APPLICATION OF MARK DOLAN The Applicant requests variance relief pursuant to Section 139 -32A from Section 139 -18F (1)(c)'s requirements of only one driveway per one hundred feet of street frontage and twenty foot driveway width. The proposed parking plan shows entrance and exit driveways for one way traffic flow which will eliminate the need for cars to back onto Washington Street, thereby improving the existing situation. To create this flow of traffic the driveway must pass between the existing structures and between the house and the northwestern lot line, thereby making a twenty foot wide drivewayimpossible. Given the one way traffic flow, a twenty foot driveway is not necessary. The increased safety of this proposed plan is in keeping with the intent and purpose of the by -law. The variance relief is also justified because of the limited space available on this lot and the property's location on this very busy street. If necessary, a Special Permit for waiver of required parking spaces in the Core District pursuant to Section 139 -18G is also requested.