HomeMy WebLinkAbout059-88r F
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NANTOCAET ZONING
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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
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- 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.