HomeMy WebLinkAbout023-89o-=� 3 -5i
Form 5 -89
NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554
%WQA cG(- a3, 19 qv
To: Parties in interest and others
concerned with the decision of the
Board of Appeals in Application No. 023 _ 89
of: Jeffrey Toner
Enclosed is the decision of the Board of Appeals which has
this day been filed with the 14antucket Town Clerk. This
decision [provides a clarification and not a modification
- or - authorizes a Temporary; Permit under zoning Bylaw
Section 139 -26H] . In this instance, an extension of time on a Variance.
W1. iam R. Shermanr Chairman
cc: Town Clerk
Planning Board
Building Commissioner
s-
4
NANTUCKET ZONING
BOARD OF APPEALS
NANTUCKET, MA 02554
At a public hearing on Friday, March 9, 1990, at 1:00 p.m. in the Town and
County Building, Nantucket, on the written application to extend Variance 023 -89,
StFFREY TONER, for six months, Board of Appeals made the following decision:
1. In conformity with the vote of this Board on April 28, 1989, our favorable
decision upon the original Application for Variance relief was signed and filed with
the Nantucket Town Clerk on May 19, 1989. The latter is, accordingly, the date of
issuance of the Variance.
2. Under the State Zoning Act ch. 40A, Section 10, variances shall expire after
one year from issuance. However, the Board of Appeals is empowered to grant one sii:-
month extension to this one -year period. By unanimous vote, we grant to Applicant the
requested six -month extension until November /9, 1990.
3. We grant this extension upon the understanding that Applicant has elected
not to file a formal application for extension with notice to the public and parties
in: interest. We are satisfied (but without benefit of public hearing) that the
Variance with such six -month extension remains supported by our original findings and
unlikely to have adverse consequences to the public good if extended.
4. In our reading of the Zoning Act ch. 40A M.G.L. Sections 10 and 11, as amended,
extensions, modifications and renewals of variances are treated alike in the formal
requirements of decisions to be filed with opportunity for appeal. We have consistently
required formal application to this Board, formal notice of hearing, public hearing ar.L
formal decision filed with Town Clerk in instances of "modifications" (as distinguished
from clarifications of decisions in minor respects) or renewals. Our By -Law does not allow
extensions of variances, but we are so e mpoutexed by the State Zoning Act, as amended by
Chapter 195 of the Acts of 1984. That Act arguably is not explicit in requiring formal
notice and hearing except as to a renewal of the original variance after it has lapsed.
5. Since we have not previously addressed this question of extension of a variance
definitively, we think in fairness to Applicant here to grant the requested extension on
an informal basis. But see out decision i_n 089 -88 with respect to extension of Special
Permits where we said that "henceforth, extensions, modifications and renewals will be
treated on a comparably formal basis unless and until the requirements of the State
Zoning Act are determined not to entail Section 1.1 notice in these instances"
6. Accordingly, Variance 023 -89 is extended for a first six -month period to end
on November /9, 1990.
Dated: March , 1990
Da i Leggett
Michael O'Mara
William R. Sherman `
inda F- Williams
Peter Dooley
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Ma `? , 198'�
File No. ()-Z,3-F?
To: Parties in interest and others
Re: Decision in the Application of
j r2� dU , c C) JAU �2
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
NANTUCKET ZONING
BOARD OF APPEALS
NANTUCKET, MA 02554
At a public hearing on Friday, April 28, 1989, at
2:30 p.m. in the Town and County Building, Nantucket, on
the Application (023 -89) of JEFFREY N. TONER having an
address at 35 Flintlock Road, Nantucket, MA 02554, the
Nantucket zoning Board of Appeals made the following
DECISION:
1. Applicant seeks a Variance from the off - street parking
requirements of zoning Bylaw Code Section 139 -18A and -18I
so that the provision of 16 spaces will satisfy what is
required for his proposed Major Commercial Development.
Those 16 spaces are in a single on -site parking area. The
required loading area is at basement level in a receiving
area. The MCD would include a 5,240 SF basement
accommodating a mill shop, spray booth, drying area and
receiving /storage area. On the first floor would be 3,250
SF of retail showroom area, 910 SF warehouse, 560 SF of
ancillary office and the 520 SF balance for elevator,
stairs, and bathroom space ancillary to the building's
uses. Residential use is proposed on the second floor,
namely, two apartments.
2. The premises are locaed at 6 Arrowhead Drive,
Assessor's Parcel 69 -058, Lot 30 of Land Court Plan
26984 -J, zoned Residential Commercial -2.
3. Our findings are based upon the Aplication papers
including a 6 -sheet set of plans (our Exhibit "A") for
Furniture N'Things, viewing and photoprints, parking space
information, representations and testimony received at our
hearing.
r4. The locus of the proposed MCD is an area where large
commercial buildings are typical. The Nantucket Airport is
nearby to the south. The older residential uses in the
area are at least one lot removed from the locus. No
objection was heard to this location for the proposed MCD.
However, the zoning Code requires that Applicant obtain
from the Planning Board a Special Permit for the MCD where
the full range of factors set out in Code Section
139 -9B(4) can be taken into account. Our jurisdiction is
strictly limited to variance relief (unless and until the
Planning Board is empowered by Special Permit to grant all
relief required for an MCD - a desirable zoning
amendment).
5. Normally, we would prefer to await the Planning Board's
action on an MCD, or take up an MCD variance request
`.
r
File No. 023 -89
concurrently with their hearings, for consistency of
findings and relief. Here, however, Applicant has elected
to delay initiating the relatively more expensive Planning
Board proceedings until assured that lack of space for the
full requirement for off - street parking will not block the
proposed MCD regardless of relief from the Planning Board.
Since the MCD issues involved here appear relatively
straightforward, we have proceeded with a grant of
Variance relief.
6. From Applicant's submission of parking data, we find
that his proposed unfinished furniture business can, along
with the residential use, adequately be served by the
proposed 16 off - street parking spaces. Two spaces are
required for the apartments. To the extent overnight and
Sunday parking needs might, in practice, be greater,
spaces needed only for daytime commercial use will be
available. Applicant's car census data for 1987 -1988
business operations at his existing location show a peak
of 9 customer cars and 5 (company van + 4 employee cars)
for staff. Allowing for growth of business but recognizing
that average space demands are markedly lower for this
type of business, we find that the requested variance can
be granted without substantial detriment to the public
good and without nullifying or substantially derogating
from the zoning Bylaw.
7. We appropriately condition relief on the proposed MCD
activity at the locus being restricted to retail furniture
with or without furnishings. For the parking area, the
requirements of Code Section 139 -18F must be met. Further
conditions are appropriately left to the Planning Board in
its consideration of MCD relief.
8. As Applicant's reckoning of the required parking spaces
does not fully conform with precedents of this Board, we
elect to express the Variance granted in terms of the 16
,spaces to be provided, rather than the number of required
spaces to be waived. For example, even office space
ancillary to a retail or warehouse activity is considered
to require one space per 200 SF, as Section 139 -18I does
not differentiate between ancillary and non - ancillary
offices. Likewise, areas for bathrooms, etc. ancillary to
commercial uses are to be included in the reckoning of
parking spaces for those uses. The resulting increased
requirement does not, however, negate our finding in favor
of relief. No opposition was heard to the grant of such
relief.
9. Accordingly, by unanimous vote, this Board grants to
Applicant the requested Variance from the off - street
parking requirement for the proposed residential and Major
Commercial Development uses of the premises, subject to
the conditions set forth above.
- 2 -
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File No. 033-89
Dated May , 1989
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NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554
April 13, 1989
NOTICE
A public hearing of the Board of Appeals will be held
on Friday, April 28, 1989, at 2:30 p.m. in the Town
and County Building, Nantucket, on the Application of:
JEFFREY N. TONER
Board of Appeals File No. 023 -89
seeking relief by Variance from up to 10 of the off - street
parking spaces required by Section 139 -18I to allow
construction of a Major Commercial Development with 5240
SF of commercial space in the basement, also on the first
floor (including 560 SF of office area and up to 3250 SF
of showroom) for "Furniture n' Things ", and two apartments
on the second floor, a 16 -space parking area being
provided in front of the building.
The premises are at 6 Arrowhead Drive, Assessor's Parcel
69 -058, Land Court Plan 26984 -J, Lot 30; zoned Residential
Commercial-2.
4
William R. Sherman, Chairman
BOA Form 1 -89 NANTUCKET ANDNCOUNTYABUILDINGPEALS 4 /7Date
NANTUCKET, NA 02554 C�
CASE No.
APPLICATION FOR RELIEF
owner's name(s): Jeffrey W. Toner -
Mailing address: 35 Flintlock Road —
Applicant's name: Jeffrey W. Toner --
Mailing address: same
Location of lot: Assessor's map and parcel number 69 - 058
Street address: 6 Arrowhead
Registry Land Ct Plan, Plan Bk & Pg or Plan File 26984 -.1 Loth_
Date lot acquired: _ � 87 Deed RefCT 12,786Zoning district RC -2___
Uses on lot X commercial: None _ or MCD ?Yes
- number of: dwellings_ duplex_ apartments 2 rental rooms_.
Building date(s): all pre -8/72? n/a or C of O? n/a
Building Permit appl'n. Nos. n/a
Case Nos. all BOA applications, lawsuits:
State fully all zoning relief sought and respective Code sections
and subsections, specifically what you propose compared to present
and what grounds you urge for BOA to make each finding per Section
139 -32A if Variance, 139 -30A if a Special Permit (and 139 -33A
if to alter or extend a nonconforming use). If appeal per 139 -3A
& B _ , attach decision or order appealed. OK to attach addendum .
Variance relief is sought under §139 -18I relative to off - street parking requirements.
Applicant is requesting partial relief from the parking requirements whereby applicant
is able to provide 16 parking spaces and, if the board deems the 3,250 square feet
as retail space, relief would be sought for 10 spaces. Providing the additional
10 spaces would cause applicant a substantial hardship.
Items enclosed as part of this Application: orderl addendum2
Locus map 3C_ Site plan X showing present +planned w structures
Floor plans present ' proposed elevations � (HDC approved?= )��,�;
Listings lot area - 'frontage setbacks_ GCR parking data
Assessor - certifier addressee list 4 sets maling labels 2 sets ,/
1200 fee payable to Town of Nantucket proof 'cap' covenant
(If an appeal, ask Town Clerk to sen Bldg Comr's record to BoA.)
I certify that the requested information submitted is substantially
complet`q and t to the best of my knowledge, under the pains and
penalties ofper r
SIGNATURE: Applicant x Attorney /agent _
3 (If not
owner's attorney, enclose proof of authority)
FOR �BoA�FFICE USE �j
Application copies rec d: 4_V or_ for BOA on Lj- d �' CbY
One copy filed with Town Clerk on_�_L2,.'!� by_ complete?
One copy each to Planning Bd and Building Dept14/LW by
$200 fee check given Town Treasurer on.by aiv[ed.—
Hearing notice posted —q-1-tiel mailed_q 'W I & M
Hearing(s) on__/__/_ cont' d to__/--/_, withdrawn ?_/--/_
Decision due bye_/_ made___/__/_ filed TC__/--/_ mailed__/__/ _
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