The URL can be used to link to this page

Home My WebLink About062-88a(�p =D -S�'& ,TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 July 29, 1988 Re: Decision in the Application of VERNON AND BEVERLY HILTS (062 -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 on Friday, July 8, 1988 at 1:30 p.m. in the Town and County Building, Nantucket, on the Application (062 -88) of VERNON and BEVERLY HILTS of 18 New Lane, Nantucket, MA 02554. 1. Applicants seek a Special Permit pursuant to zoning bylaw Section 139- 9B(3)(a), (b) and (c) for the construction of a building with first -floor commercial use consisting of a 2 -bay garage and shop area with ancillary storage and office, for light manufacturing and storage. Five parking spaces will be provided. The premises are otherwise to be used for residential purposes, namely, a second -floor apartment and, at the rear of the lot, a cottage providing a second single - family dwelling. The premises are located at 10 Perry Lane, Assessor's Parcel 67- 425.1, Plan Book 22, Page 19, Lot 12, in the zoning district RESIDENTIAL COMMERCIAL -2. 2. Our findings are based upon the Application papers including site /parking, floor and elevation plans (our Exhibit "A"), viewing and representations and testimony received at the hearing. As shown on the plan dated 7/11/83 endorsed by the Planning Board 'approval under the Subdivision Control Law not required`, Lot 12 is next to the southerly end of the way now named Perry Lane. On this 9597 SF lot, the garage /shop will have 1662 SF ground cover, the cottage 804 SF, and open area per Section 139 -16F is 1919.4 SF. The off - street parking spaces required by Section 139 -18 are 3 for the commercial use and 2 for the two dwelling units. 3. While not the subject of this Special Permit, these dwelling units must necessarily conform with the Section 139 -7A(3) requirements for principal and secondary dwellings. 4. On the parking plan marked our Exhibit "A" dated 5/27/88, parking spaces #1 - #3 are located between the cottage and the two -story building. Spaces #4 - #5 are within the building accessed from the front. The driveway along the northerly lot line serves as the loading area required by Section 139 -19. 5. The Planning Board's recommendation was favorable with suggestion that hours of commercial operation be limited and screening be provided to lessen impact on adjacent residential uses. No opposition was heard. Applicants, we understand, accept restriction of commercial operations to a work day from 7:30 a.m. to 4:00 p.m. Since the proposed commercial use is in connection with the Hilts' plumbing business, emergency use of the premises is necessarily allowed outside these hours. Applicants shall meet the screening requirements of Section 139 -18F applicable with the provision of 5 parking spaces. 6. With these conditions as to operating hours and screening, we find that the requested relief is in harmony with the general purpose and intent of the zoning chapter. The proposed use is not to be in violation of Section 139 -20A which bars noxious activities, and we make that finding as required for Special Permit relief under Section 139- 9B(3). 7. Accordingly, by UNANIMOUS vote of this Board, the requested Special Permit under Sections 139- 9B(3)(a),(b) and (c) is granted to Applicants to construct and undertake the commercial use of the proposed 2 -story building in substantial conformity with the Exhibit "A" plans, subject to the above -noted conditions. Dated July � g, 1988 X"&�,ty'd ///,14 -�Vd / 10 7, �ell le - 2 - ` `CC 2t__if t C. b1L lia Sherman P, Va 'RoberVe chter MiAa�l O'Mara r' i f 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 Application of VERNON AND BEVERLY HILTS (06a--88) seeking a SPECIAL PERMIT pursuant to SECTION 139 -9B(3) (a), (b) and (c) for the construction and use of a 1422 SF shop in a 2 -bay garage (with upstairs apartment as dwelling secondary to a proposed single - family cottage at lot rear) for storage and light manufacturing /fabrication, plus ancillary 240 SF office. Three further parking spaces are provided at least 2 spaced between shop and cottage. The premises are at 10 PERRY LANE, Assessor's Parcel 67- 425.1, Plan Book 22, Page 91, Lot 12, zoned RESIDENTIAL - COMMERCIAL -2. )V1 ovll� illiam R. Sherman, Chairman BOARD OF APPEALS a 71� e BOA Form 1 -87 AAPEICATION' NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") No. U Z �?— Owner's name(s): Vernon and Beverly Hil Mailing address: 18 New Lane Nantucket, MA 02554 Applicant's name Keith Mailing address: Two Orange Street. Nantucket MA 02554 Location of lot(s): Assessor's map and parcel: Map 67 parcel 42S- -l-Street address 10 Perr Registry LC PL, PL BK & PG, PL FLT, p.91 Lot 2 Deed ref. 2q4/40 Subdivision Endorsed Z /,.L/aj• ANR? vas Date tot(s) acquired: 2/29/ Zoning district Rr - 2 Number of dwelling units on lot(s): none Rental guest kooms none Commercial use on lot(s): none presently MCD? nn Building date(s): all pre -'72 zoning? _ no _ or .,proposed 1988 construe nn Building permit application, Nos. and dates none vet C of 0? 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•rAppeal per -31A & B: RELIEF SOUGHT: Finding under 139 -30 for a Special Permit pursuant to 139- 9(B)(3) for the construction and use on an RC -2 zoned lot of record of a garage with upstairs apartment, downstairs office and shop area for storage and light manufacturing /fabrication. Enclosures forming part of this Application: Supplement to above X Site /plot plan(s) X _ with present /proposed structures Locus map _X_ Floor plans present /proposed Appeal: record none Needed: areas pAp frontage 4_ setbacks —6 GCR% 50% 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 X R'Cap" covenant I certify that the requested information submitted is substantially complete and true'to a my k wl dge; under pains'and penaltiesj.of perjury. Signature: Applicant Attorney /agent X (If not owner, show basis f4 authority tb- aPPIK..): Keith M. Yankow, Esq., Two Orange Street, Nantucket, MA 02554 !FOR,G111FICE USE ! A„ Application copies received: (or o ly ) fo BOA ��/ 9rbY CL One copy given Town Clerk/ Completee ?' C./ One copy sent to Planning Board and to Building Dept. Y C / , $150.00 check given Town TreasurerC o/2- by Notices of hearing posted /'1siled �Q/ published Hearing(s) held on _ /•_ /_ continued to _ /_ /_, _ /_ /_ withdrawn? Decision made f iled with Town Clerk _ /_ /_ mailed See related files _ application - litigation - other