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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— See related cases lawsuits other