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HomeMy WebLinkAbout089-88r V / i t TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 October Z $e, 1988 File No. 089 -88) To: Parties in interest and others Re: Decision in the Application of ALBERT GIRD 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. cc: Building Commissioner Planning Board Town Clerk r � William R. Sherman, Chairman 3. We find that the fabrication of materials to be a installed off -site in connection with a construction and cabinetmaking business, when such fabrication is conducted solely by the occupant, is acustomary home occupation. As such, no relief is required from this Board in order to conduct the activity. However, the anticipated retail sales of certain products incidental to the customary home occupation require a special permit under the above cited By -law provisions, and are subject to the standards for Special Permits set forth in Section 139 -30.A. The Applicant has proposed, and we adopt, various conditions to ensure that the proposed use will be in harmony with the general purpose and intent of the By -law; these conditions are set forth in Paragraph 5 below. 4. We find that the construction of the proposed woodworking shop, as described above, and subject to the conditions imposed herein, will be in harmony with the general purpose and intent of the By -law, in that customary home occupations are permitted as a matter of right, and these conditions will regulate the customary home occupation in a manner which will minimize or eliminate any detrimental effect upon the neighborhood. Furthermore, the retail sales use, if so limited, will be of no significant effect. 5. The Special Permit granted hereby is upon the following conditions: (a) The Applicant alone shall engage in the customary home occupation, and no employee shall be based upon the Premises. Nothing herein shall prevent the Applicant from having other employees in connection with his business, nor their presence -2- construction of the proposed structure to be used as a woodworking shop in connection with the Applicant's customary home occupation, with incidental retail sales, upon the conditions herein set forth, by a UNANIMOUS VOTE. Dated: Z�-� William R. Sherman 0,-A C. Mallshall Beale . ale W. Waine ,24 41d 'J . gg t exy ;edk:�- Ann G. Balas �i2uuu� ��lclutia� iy�N u Iri. ,tPz, �i,�uG -4- NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 October 20, 1989 Arthur I. Reade, Chairman Selectmen's Advisory Committee for the Board of Appeals 4 Youngs Way Nantucket, MA 02554 Dear Arthur: Whether you are still able to act in the noted capacity or simply as a member of the Nantucket conveyancing Bar, would you kindly undertake to inform your brethren of the Board's expectation of formal application for extensions per the attached Gird decision. cc w /encl: Town Clerk / Best regards, W. R. Sherman, Chairman 4( J�pjr 0.,*/M 61 . V--r/ ZLZ ZO .0 1y�,11'tUC ofT AQ4 p g 2554 t a -DO�UCgE't 13 1 et'' or Z1A� 0C JA antes cY the r Fr is 8 ild ID , tre al °r �e o °d tirg ° l f%tY , GZ - irg a the p 28 1 G mee and C p'S'BBg folio iOri ° Octopez a p�`,pl e °wz -a80 ° ok the eXters ted At lr a �Oa9 alg t° o� ari it Ci Octopez IN. 1: o� p pllca d °f p, ppe ca eci 1 perm Board igl�'a and filed t`ae r� B o the f the Sp of t`4i5 the o igred $ • The 7,C e5t se ° ote ap°ri as 5 198 e redi'� eXerci the cisi°ri elief er 2$ e of th 1988: rmitY ezaole Pe�X on ° f ss`�aric special co'nf ° uz faa eclal Cler ate ° Gl ' 1 • Zri 988 o for Se T°wri the d 1393 arse . I to 13 plic Ytiartc co di'ng1Y a Sectl tom a to qe Yeaz Ai? th t e 5 a t. BYl w eaz f wen or the watter 1 yermi 2oz'lri er ore emp to tY,l licarit goo. 1 clal ket aft als ors NPp 8 19 Spe er far 1 eXpir of ppp extern rant April 2 rg t1�at Grid 5hal Board month e we Uritil taridi ald to 2 • its the 51X- Vot for criers two o la ,Pe aver ssive i�`oas cters he ar yermi ime t° with 80 o sa °° 8Y A,ra dorith e ap °r t eclat it a terse° are the t teriod • ea slX� teY'51° d his g9 1 ar for eX t . We that of p ec�vest t .this t -real eY 28 llcati ri inter reari aq)IT, o the We gr t has r e Octop al app Iles 1 ahllc ith th erce t 3 . licar e eXpi er foard par it of p orY w orsega 01 op Y'e� e a 'Pre pl `o Y� °`�t �e `oe lr as erne c sect) o fit t th t w it will ,av e G, L• ter5 totic £ieCl �� terse °• y to G • 4�A 498 1s° satin orith era vrli Act , C,nap • is �a ert` iX -m aw a orirg g1 erYnl ahem e oaz BB001: oa • o f type Acts , speel f o dal re we ha Boa, neigh reaai e�Cled to als ° it the alp to t1j1 fled Zr oaz as am d ter all 1tY f °rcatior•slo� f 4 . d 11 ,ors an eaten ortari apple al Cleo s11 (as it T 9 ai' ficatl are tr aria op formal d fozm cation lsi °r5 tern i %0 lice) �egalrearirg armoai 61 of Cl acilow t to- e ert1Y of h ce9 Of cati-oY' Cloes as w l e I co�sal rotl tr it om clan oar BY out of 51 he Sta is 11 f own Clef neCl fl: •that 4 aired p azgaa1le ring T tiriq or z ather corstr at Act and h d espesl Y ° $ut we e��ard -rT r° i1 f . ma' or ions . e oth irg f o for z 15 de and Ori i h regii atl°rs el p o�o gTrial app to File No. 089 -88 this question reviously addressed to Applicant here to 5. Since we have not p fairness informal basis. But definitively, we think in on an grant the requested extension ss and until the a s modifications and renewals will be gr extension to henceforth, arably formal basis are determined not treated on a comp Zoning Act requirements of the State Z ice in these instances. entail Section 11 not extended for a ecial Permit 089 -88 is l 28► 1990. 6. AccordinglY► Sp end on Apri first six -month period to /' _ Dated October 27► 1989 William R. he aY Michae O'Mara David J. Leggett Ann FVas - 2 - N O I C be held will RD OF App EALS the TOWN ANDe a0A in th tYle p .M • T , on ° Near in9 of 19 g8 , at i -30 FTS , NANTUCxR AI, 'p v IV A puhli AD STRL a SpLCI onl AUGUST and 13it0 Seeking Occupatl FRIDAY FRDERAL °�.6gB K °me ood� on Y BUILDING 1 RrC GI1 �D � pg _2 ICUStomarY used as a w on COUNT of AL$� tion 139 ure to Le roduced appllcatlon ng gY'law Sec n of a Stf he ��rniture OUTH pASTURE der Zone Str�ctl° es of t t 1p S and un 11ow the ° °n retail Sal e 1 °cared a g.F, Lot G, to a with ar it e Drying shop The premises 9.61, plan F w e premises, ,S parcel gp 2 AL'2• �' t'1, lAysessor D USE GENIR /' LANK as m LIMITD t�ti °�� er an are Zoned llam S h Wil i BOA Form 1-87 APPLICATION" NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") Owner's name(s): Albert Gird Mailing address. c/o Reade & Alger Prof. Cor P.O. Box 2669 Nantucket MA 02584 Applicant's name Mailing address: 80 -297.6 Location of lot (s): Assessor's map and parcel: Street address 10 South Pasture Lane Deed re -f 207 -31_ Registry LC PL, PL BK & PC, PL FL g -F Lot 6 == -- Endorsed 3 /24/80 ANR? No. Subdivision Cooper et al neral -2 ac uired• 11/15/83 Zoning district Limited Us Ge Date lot(s) q — Rental guest rooms N_o Number of dwelling units on lot(s): One — MCD? No ---- Commercial use on lot(s): proposed woodworking shO or Building date(s): all pre -'72 zoning? C of 0? Building permit application Nos. and dates Case NOW- or dates all prior BOA applications: None. State fully all zoning relief sought together with all respective present and propose compared with p and subsections, specifically, what you p what grounds you urge, for BOA to make each finding per Section 139 -32A if Variance, -30A if Special Permit, - 33AbifAt�e�ltl,er °r3extend & non-conforming use, or to reverse Building Inspector ylaw Section 139.2 (Customary Home A licant requests a special rmit under Zoning by- him as a woodworking Occupation) to enable the construction of a structure ses,twibteh rea bYsales of the furniture shop as a customary home Occupation upon the p n which he resides. (For precedent, roduced b the a licant upon the remises, upon all requirements for a Customary Home see Arakawa, 142 -86). A licant will comply Occu ation under the by-1 Enclosures forming part of this Application: Supplement Go above Site /plot plan(s) X with present /proposed structures A eal. record Locus map X Floor plans present /proposed pP Needed: areas frontage setbacks GCR% parking clata— Assessor's certified addressee list (4 sets) X Mail :ing labels (nan ts)_ X able to Town of Nantucket X "Cap' covenant Fee check for $150.00 pay' [ certify that the requested information submitted is substantiilly OmPlel -e and true t th best o ny k wledgey under pains and p Applicant Attorney /agent X Signature: Ike (If not owner, show basis for authority-Ito' apply:); FOR OFFICE USE? [, ( or only ) for BOA — Application copies received: �( Yl> Complete? v One copy given 'town Cleric One copy sent to Planning Board and �ttoo 'B1uilldding Dept. _tG 13Y _S �(�-- $150.00 check given Town 'rreasur.er /�V / "0 hY ' mailed �� /— Notices of hear[ng posted /�/ /_ /— withdrawn? — / —/- continued to / — /_� — Ilearing(s) held on — / —/— — mailed Decision made filed with Town Clerk — / —/_ — -- — _/_/— _ itigation - �other See related files: application I� /l • I /r.. _ z 1,4 /,?/p /dw�