HomeMy WebLinkAbout052-890 -S -,-) - T C7
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Spetember 22, 1989
File No. 052 -89
To: Parties in interest and others
Re: Decision in the Application of:
STEVE A. MARCOUX AND JOANNE MARCOUX
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
Wi lia R erman, C irrma`n
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
DECISION:
In the matter of the Application of STEVE A. MARCOUX and
JOANNE MARCOUX (052 -89) at a meeting of the Board of Appeals held
at 12:30 P.M. on September 15, 1989, at the Town and County
Building, Nantucket, the Board enters the following Decision and
makes the following findings:
1. This is an application for a SPECIAL PERMIT granting
relief from the requirements of Nantucket Code §139 -18.A (Off- street
Parking Requirements - Change of Use) . If granted, the Applicants
would be permitted to convert an existing building, used partially
as a dwelling and partially as an office, for use partially as a
dwelling and partially as a retail store, notwithstanding that
the premises are nonconforming as to parking requirements. The
premises are situated at 19 BROAD STREET, are shown as Lot 2 on
Plan Book 16, Page 76, and are zoned as RESIDENTIAL - COMMERCIAL.
2. The Board's findings are based upon the application and
accompanying documents, including the recorded plan, plot plan,
and locus map, testimony and representations submitted at the
public hearing, and our decision in Case No. 053 -86.'
3. In our Case No. 053 -86, we found, and we find here,
that the premises consist of a lot of land, in ownership separate
from that of all adjoining land since a time prior to the effective
date of the Nantucket Zoning by -lava in 1972, containing a building,
which, up until our decision in Case No. 053 -86 and since a date
prior to 1972, had been used in part as a dwelling and in part as
a three -room lodging house, and with no provision for parking on
the lot. In Case No. 053 -86, we permitted the Applicants, upon
certain conditions, to eliminate the lodging house use and to
convert no more than 899 square feet of the building to office
space, with no parking being provided.
4. In the case before us, Applicants propose to eliminate
the office space and to convert no more than 1,499 square feet of
the building to retail space and no more than 449 square feet to
commercial storage, with the remaining area of the building to
continue to be used as a dwelling. No parking will be provided,
and we find that the premises, due to the size of the lot and the
location of the existing building, are physically incapable of
providing any parking. The proposed retail space would be located
on the first, and possibly a portion of the second, floor of the
building and would house one retail store having no more than 3
employees at any shift, although this retail store may contain
the wares of more than one entity; provided, however, that these
entities operate the store as though it were one store with a
single, common entrance (with, of course, provision for any required
secondary emergency egress), the same employees, and a similar,
Page 1 of 3
1
compatible type of merchandise.
5. The present and proposed uses of the premises all
constitute permitted uses under the Zoning by -law in a
Residential - Commercial district. This Board, however, has
jurisdiction over the proposed change in use, because of the fact
that the required parking spaces under the by -law are not provided,
by virtue of Nantucket Code, Section 139 -18.A.
6. By our computation, the required number of parking spaces
for the proposed use as set forth above will not exceed nine (one
for the residential use, none for the storage space, seven for
the retail store, and one for the employees).
7. No objections to the application were presented at the
public hearing. One abutter, who was not opposed to the project,
appeared to voice concerns, which concerns we feel are adequately
addressed by our decision and the conditions placed upon the
relief granted.
8. This Board finds that the granting of the requested
relief is in harmony with the general purposes and intent of the
by -law in that this area is zoned for commercial uses, despite
that fact that few properties are capable of providing all of the
required parking, and that the by -law provides for relief by
special permit to cover just such circumstances.
9. The relief granted hereby is expressly upon the following
conditions:
(a) The retail store shall not exceed 1,499 square
feet in gross floor area and the commercial storage space shall
not exceed 449 square feet in gross floor area.
(b) The retail store shall only be open to the public
between the hours of 8:00 A.M. and 10 P.M.
(c) Deliveries to the
between the hours of 10:00 A.M.
except those of heating oil and
easterly side of the premises.
retail store shall be made only
and 6:00 P.M. No deliveries,
propane, shall be made along the
(d) No more than 3 unrelated persons shall reside in
the residential dwelling at any one time.
(e) No portion of the premises shall be used a an
employee dormitory without further relief from this Board.
(f) The retail store may be rented separately from the
residential dwelling unit.
10. or the reasons and upon the conditions set forth herein,
the BOARD OF APPEALS hereby GRANTS the Applicants the requested
relief from the Zoning by -law, Nantucket Code Section 139 -18.A
4A (g) The retail store shall be owned by a single legal enterprise
although business may be done in the form of more than one entity.
d
(Off- street Parking Requirements -- Change of
Nantucket Code Section 139 -18.G, by a SPECIAL
of 4 members in favor and one (SY
Dated: September oZo�-, 1989
ejw /85 /MARC & MARC1
Use) , pursuant to
PERMIT, by a vote
Page 3 of 3
NOTICE
A Public Hearing of the BOARD OF APPEALS will be held on
FRIDAY, SEPTEMBER 15, 1989 at 1:00 p.m. in the Town and County
Building, Nantucket, on the Application of:
STEVE A. MARCOUX AND JOANNE MARCOUX
Board of Appeals File No.: 052 -89
seeking a SPECIAL PERMIT under SECTION 139 -18G and 139 -33A to allow
conversion of an office space use in their existing dwelling (said
to pre -date 1972 zoning) into use`as retail space, notwithstanding that
the premises are nonconforming as to the parking requirements of
Section 139 -18.
The premises are located at 19 BROAD STREET, Assessor's Parcel 42.4.2 -75,
Lot 1, Plan Book 16 , Page 76, and are zoned RESIDENTIAL - COMMERCIAL.
William R. Sherman, Chairman
BOARD OF APPEALS
Q .mac
BOA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS D-
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554 CASE No. 89
APPLICATION FOR RELIEF
Owner's name(s): Steve A. Marcoux and Joanne Marcoux
6 Youn '
Mailing address: c/o Reade & Alger P.C. s Wa P.O. Box 2669 Nantucke02584
Applicant's name: same as above
Mailing address: 42.4.2 -75
Location of lot: Assessor's map and parcel number _
Street address: 19 Broad Street Nantucket. Lot 1
Registry >1
Plan Bk & Pg 1= 16— /76
12 30 85 Deed Ref 280 08 Zoning district RC
Date lot acquired: ��— —P
Uses on lot - commercial: None — or 899- ft office
MCD ?-NQ-
- number of: dwellings_ duplex_ apartments_ rental rooms_
Building date(s): all pre -8/72? Yes or
C of 0 ?_
Building Permit appl'n. Nos.
Case Nos. all BOA applications, lawsuits: 053 -86
ou propose compared to present
State fully all zoning relief sought and respective Code sections
and subsections, specifically what y P P per Section each
and what grounds you urge for BOA to make Special Perini and 139 -33A
139 -32A if Variance, 139 -30A Xg if a Suse If appeal per 139 -3A
x if to alter or extend a nonconlormiealed.)OK to attach addendum .
'97B _ , attach decision or order app
Applicants desire to change the use of their existing building from a dwelling and office
space to a dwelling and retail space, notwithstanding that the premises are nonconforming as
to parking. The requested relief is at Special Permit
existing, Nantucket Codes §139 -1 8(off- street
parking requirements),
and use as to parking) and 139 -30A (Special Permit).
p lication: orderl addendum2
Items enclosed as part of this A resent +planned structures
Locus map x Site plan x showing p _ -- HDC approved.
Floor plans present_ proposed_ elevations ( PP
Listings lot area x frontage x setbacks_ GCR r parking data
Assessor - certified addressee list 4 sets roofjlingcap1 covenants
200 fee payable to Town of Nantucket x p
(If an appeal, ask Town Clerk to sencT -Bldg ComT record to BoA.)
I certify that the requested informati submit
understhebpainslandy
complete and true to the best of my knowledge,
penalties of rjurl
SIGNATURE: Applicant Attorney /agent x
3 Sarah F. Alg r Attorney
(If not caner or owner's at�ort�ey, enclose proof of authority
FOR BOA OFFICE USE G s?,
V or for BOA on f) J� Ay tt /
Application copies recd: 4_ C/
complete ?_
One copy filed with Town Clerk on / by_!� / e?
One copy each to Planning Bd and Building Dept
aived?
$200 fee check given Town Treasurer on �L/Y�—
tiearing notice poste d` "
-� ailed � I & M %/-C
Hearing(s) one_/— cont'd to _/—/—, �—/— withdrawn ?_f—/
made filed TC_f�— mailed _j—/-
Decision due bye,_/_. �-J—
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