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HomeMy WebLinkAbout077-88TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 198 File No. To: Parties in interest and others Re: Decision in the Application of p L 6(! v2-r L, s l L v�j r�tb o G C tF+9 �s rn . S' i L U 4 C U J) Enclosed is the decision of the Board of Appeals which has this day been filed with the Nantucket Town Clerk. An appeal from this decision may 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. � f William R. Sherman, Chairman cc: Building Commissioner Planning Board Town Clerk r BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS nPt' T C T n10 . The BOARD OF APPEALS, at a public hearing held on FRIDAY, OCTOBER 14, 1988, at 1:00 P.M., at the Town and County Building, Broad Street, Nantucket, made the following Decision upon the Application of ALBERT L. SILVA and GLADYS M. SILVA (077 -88). 1. Applicants request. a VARIANCE from the requirements of Nantucket Zoning By -law Sections 139 -18 (Off - street. Parking) and 139 -19 (Off - street Loading Facilities) to enable the conversion and alteration of the applicants' existing automobile dealership building into three structures containing mixed uses in residential, office and retail units. The premises are located at 15, 17, 19, 21 and 23 NORTH BEACH STREET (Assessor's Parcels 42.4.1 -66 to 70), Plan Book 6, Page 49, Lots 7, 8, 9, 10 and 11, and are zoned as LIMITED COMMERCIAL. 2. We find that the applicants' former automobile dealership building, which contained facilities for the sales and servicing of automobiles and related products, located on Lots 7, 8, 9 and 10, constituted a use not permitted in a limited commercial district; however, it pre- existed the 1972 adoption of the Nantucket zoning by -law and thus is protected as a pre - existing nonconforming use under Massachusetts General laws, Chapter 40A, Section 6, and under By -law Section 139 -33.A. The building on Lot 11 (in the separate ownership of the applicant, Albert L. Silva, alone), containing office and living space, has the benefit of a special permit for these uses, along with variance relief from parking requirements, by our decision in Case No. 108 -85. 3. The applicants propose to eliminate the grandfathered use as an automobile dealership, and to alter_ the garage building so that, by removal of portions of the building and erection of new walls, the building will be converted into three separate buildings, containing office or retail space on the first floor of each. Tne second floor of one building will contain two appartments (one designated as an "affordable" unit under the by -law, the other to be a "market- rate" uni-t); the second floor of the other building is to be designated as ancillary storage. The existing building on Lot 11 is to remain unchanged, but the livin- space on i-ts second floor is to be reclassified from an employer dormitory to a dwelling unit. 4. The applicants have proceeded, concurrently with this application, to secure special permit relief from the Nantucket Planning Board under By -law Section 139- 9.B(4) , since the proposed alteration will contribute a major commercial development ( "MCD ") as defined i.n the by -law. All other special permit relief for the project is also within the exclusive jurisdiction of the Planning Board under Section 139-9.B(4) (b) , and has been considered by the Planning Board concomitantly with the MCD relief. The Planning Board has now entered its decision in this matter (its file number SP5 -88) , filed with the Nantucket Town Clerk on November 7, 1988, and we hereby incorporate the Planning Board's decision (the "Planning Board Decision ") in our decision, by reference thereto. 5. As found in the Planning Board Decision and as presented to us, we find that 41 off - street parking spaces are required by the applicants' proposed uses; the plans submi.tted to the Planning Board and to us show 19 spaces as provided on- site. Furthermore, the by -law requires one off - street loading space for any business or service function. We find that, because of the location of the existing building upon the lot, it is impossible to accommodate the required parking spaces and loading facilities upon the premises. 6. However, we find that the proposed project will in fact effect a betterment to the neighborhood and to the Town at large. Specifically, we find that the former automobile garage was noisy, unsightly, and attracted large amounts of vehicular traffic. Not only was it a nonconforming use, it also was offensive to the surrounding neighborhood and not in keeping with other uses in the vicinity. The proposed structures and landscaping, as presented to us, will be much more in keeping with the neighborhood, aesthetically, and the proposed uses will all be those permitted as of right or by special permit in this limited commercial district. 7. Applicants have given certain assurances and representations as to the nature of the proposed retail and office uses, incorporated in the Planning Board Decision, which allay our concerns as to the practical necessity of provision of the off - street parking and loading facilities required literally by the by -law. Furthermore, employee parking will be provided on Cornish Court and in the overflow lot upon the applicants' property on the southwesterly side of North Beach Street; loading will be accomplished from Cornish Court. 8. For these reasons, and the reasons set forth in the Planning Board Decision, we find that, owing to circumstances relating to the shape and topography of the land and structures upon the premises (specifically, the location of the existing structures with reference to the lot boundaries), and especially affecting the premises but not affecting generally the zoning district in which they are located, a literal enforcement of the provisions of the by -law would involve substantial hardship, financial or otherwise, to the applicants (consisting of their inability to utilize the existing structures in conformity with the by -law), and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the by -law (for the reasons set forth in Paragraphs 6 and 7 hereof) . 9. The relief hereby granted is conditioned upon all of the matters set forth in the Planning Board Decision; in the event that the Planning Board shall waive or modify any of these conditions, the conditions hereby imposed shall be deemed to conform to those resulting from such waiver or modi.fi.cation by the Planning Board, without further relief from or proceedings before this Board. Accordingly, this Board, by UNANIMOUS .vote, hereby grants the requested relief by VARIANCE, reducing the required number of on -site, off - street parking spaces from 41 to 19 and waiving the requirement for off - street loading for the proposed project as described 'herein, upon the conditions referred to herein. Dated: November, 1988. J"w" k. 14e�vlllov?t Dale W. Waine Wi.11i.amlR. Sherman Robg,'ri1YJ. Leichter C. Mars al] Beale Ann G. Balas ARTHUR I. READE, JR. SARAH F. ALGER KENNETH A. OUZ.LICKSEN BY HAND 13EADE & A11,0EI3 PROFESSIONAL CORPORATION FOUR YOUNO'S WAY NANTUCKET, MASSACHUSETTS 02554 (508) 228 -3128 FAX: (508) 228 -5630 September 29, 1988 William R. Sherman, Chairman Nantucket Planning Board Nantucket, Massachusetts 02554 Dear Chairman Sherman: MAILING ADDRESS POST OFFICE BOX 2669 NANTUCKET, MASS. 02584 Re: Albert L. Silva, Sr. et al 077 -88 This will confirm that the Petitioner, Albert L. Silva, Sr. et al, agrees that the required time for completion of the public hearing and the action entering a decision in the above matter shall be extended to and including November 1, 1988, pursuant to Massachusetts General Laws, c.40A, §9, as amended by c.498 of the Acts bf 1987. Inasmuch as this statute contemplates a written agreement between the petitioner and the special permit granting authority, would you please execute two counterparts of this letter in the space indicated below, and, in order to protect the Town's position, one counterpart should be filed in the office of the Town Clerk. Very truly yours, ALBERT L. SILVA, SR. et al By: iffthur I. Reade, Jr., its attorney and duly authorized agent AIR /ejw Enclosures READE & ALGER pFOFFSSIONAL CORPORATION William R. Sherman, Chairman September 29, 1988 Page Two The foregoing extension agreement is hereby joined in and assented to: NANTUCKET BOARD OF APPEALS By: i 1 ARTHUR I. RE A TIE, JR. SARAH F. ALGER KENNETH A. GULLICKSEN BY HAND HEA-DE 8c A T,GEH PROFESSIONAL CORPORATION FOUR YOUNG'S WAY NANTUCKET, MASSACHUSETTS 02554 (508) 228 -3128 FAX: (508) 228 -5630 October 28, 1988 William R. Sherman, Chairman Nantucket Board of Appeals Nantucket, Massachusetts 02554 Dear Chairman Sherman: MAILING ADDRESS POST OFFICE BOX 2669 NANTUCKET, MASS. 02684 Re: Albert L. Silva, Sr. et al 077 -88 This will confirm that the Petitioner, Albert L. Silva, Sr. et al, agrees that the required time for completion of the public hearing and the action entering a decision in the above matter shall be extended to and including November 25, 1988, pursuant to Massachusetts General Laws, c.40A, §9, as amended by c.498 of the Acts of 1987. Inasmuch as this statute contemplates a written agreement between the petitioner and the special permit granting authority, would you please execute two counterparts of this letter in the space indicated below, and, in order to protect the Town's position, one counterpart should be filedi.n the office of the Town Clerk. Very truly yours, ALBERT L. SILVA, SR., et al By: Arthur I. Rea de Jr., its v 2� ���' attorney and duly authorized agent AIR /ejw Enclosures 13EADE & ALGE1? PROFESSIONAL CORPORATION William R. Sherman, Chairman October 28, 1988 Page Two The foregoing extension agreement is hereby joined in and assented to: NANTUCKET BOARD OF APPEALS By: iT N O T I C E A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, AUGUST 5, 1988, at 3:30 P.M. , in the TOWN and COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the applicatiaK of ALBERT L. SILVA and GLADYS M. SILVA (C-77 -88) , seeking a VARIANCE under Zoning By -Law Section 139 -18 (Off - Street Parking) to allow a reduction in the number of required parking spaces from 41 to 19 and Zoning By -Law Section 139 -19 (Off- Street Loading Facilities) to permit the use of Cornish Court in lieu of loading facilities. The Premises are located at 15, 17, 19, 21 and 23 NORTH BEACH STREET (Assesor's Parcels 42.4.1 -66 to 70), Plan Book 6, Page 49, Lots 7 -11, and are zoned as LIMITED COMMERCIAL. G 7 % ..� L-'Y l GUL� /'_.! %^.s.,Y_✓t.`.; �y�t'P�'i'C� �LY ��y �%c.�C�' _ William R. Sherman Board of Appeals BOA Dorm 1 =87 APPLICATION' NANTUCKET ZONING BOARD OF APPEALS ( ''BOA $') No..Q� Owner's name(s): Albert L. Silva and Gladys M. Silva Mailing address: c/o Reade & Alger, P.C., P.O. Box 2669, Nantucket, Mass. Applicant's name 02554 Mailing address: Location of lot(s): Assessor's map and parcel: 42.4.1. - 66 to 70 Street address 15 17 19 21 and 23 North Beach Street Registry 1`e—%, PL BK & PG, 91-9h 6 -49 Lot 7,5,9 10,11 Deed ref. see Subdivision No Endorsed /_ /_ ANR7 Date Lot(s) acquired: 10/6/43 to 1/30/70 Zoning district limited commercial Number of dwelling units on lot(s): three (proposed) Rental guest i;ooms None Commercial use on lot(s): Now an auto dealership; proposed mixed uses MCD7 yes Building date(s): all pre -'72 zoning? No or (Garage predates zoning) Building permit application Nos. and dates 3129- 83;4554 -86 C of 07 yes Case No(s). or dates all prior BOA applications: 010 -76; 108 -85; 047 -87 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: Ln,'11 ai'�it� Maier 0—agerri al noxtpI npMeni speci A I L]ermit rpl i6f for conversion f exist inn garage into mixed -use structures containing office, retail and residential units, applicants request variance relief from Zoning By -law Sections 139 -18 (Off - street parking), for reduction of required spaces from 41 to 19, and 139 -10 (Off - Street loading facilities), to permit use of Cornish Court in lieu of loading facilities. Deed references: 110 -54; 110 -155; 112-509; 134 -327. Enclosures forming part of this Application: Supplement- to above Site /Blot plan(s) X with present /proposed Structures Locus map X Floor plans present /proposed X AppeaI,record Needed: areas frontage setbacks GCR% parking, data Assessor's certified addressee list (4 sets) , X Mai_l:_iig labels) (2..sets)_X 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 to �e 1pest of my knowledge, under pains and penalties'of perjury. Signature:4 Applicant Attorney /went X (11 not owne(, show basis for authority-to: apply:), FOR OFFICE USE � Application copies received: for BOA / %�/ rbby 1 One copy given 'Town Clerk /iy ( AW Complete? One copy sent to Planning Board and to Building Dept. $150.00 check given Town �L Treasurer2 /�hy� Notices of hearing posted /4 }O mailed ? � O'_ ublished2 Hearing(s) held on _ /' /_ continued to — /_ / _ /_ /_ withdrawn? Decision made — /_ /_ f.il.ed with Town Clerk _ /_ /_ mailed _ See related files: application - I.i_tigation - other