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