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Form 3 -89
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
December 15 , 1989
To: Parties in interest and others
concerned with the decision of the
Board of Appeals in Application No. 057 -89
of: Mario Teixeira, Trustee, Harborview Shopkeepers Trust
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 day's 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.
r
Willi m R. Sherman, Chairman
cc: Town Clerk
Planning Board
Building Commissioner
{'
NANTUCKET ZONING
BOARD OF APPEALS
NANTUCKET, MA 02554
At a public hearing on Friday, December 8, 1989, at
1:00 p.m. in the Town and County Building, Nantucket, on
the Application (057 -89) of MARIO TEIXEIRA, TRUSTEE,
HARBORVIEW SHOPKEEPERS TRUST, having an address at 35 Main
Street, Nantucket, MA 02554, the Nantucket zoning Board of
Appeals made the following DECISION:
1. Applicant seeks a modification of his Special Permit
and Variance (114 -87) granted December 28, 1987 in the
following respects:
(a) to validate the existing bituminous concrete
paving of the four off - street parking spaces on the
easterly side fronting on South Beach Street Extension;
(b) to reduce the planted open area required from 450
square feet down to 50 SF.
The Special Permit and Variance were clarified by our
letter of December 9, 1988.
2. The premises are located at 19 South Water Street (said
to be 19 Oak Street in the original decision), Assessor's
Parcel 42.4.2 -28, Lot 1 at Page 40 of Plan Book 23, and
zoned Residential - Commercial.
3. Our findings are based upon the record of the original
application 114 -87, papers filed in the present
Application, viewings, correspondence and plans including
as -built plot plan dated 4/27/89 and planting plan dated
11/27/89 (together forming our Exhibit "C "), also
testimony and representations received at our hearings of
October 13, November 3 and December 8, 1989.
4. Since our original 12/28/87 decision, the building
immediately to the north of the premises was relocated
more than 4 feet to the south and 4 feet to the west,
correspondingly narrowing the area between that and
Applicant's building. While that relocated siting may at
some time be corrected to conform with the 014 -86 variance
grant, Applicant here asks that the planting required in
that northerly area of his lot be modified to adapt to the
narrowing. Because of the strong public presense and need
for the ameliorating effect of landscaping on Applicant's
lot, we accept that the landscaping plan should be
changed, provided the related undertakings - see Paragragh
6(e) and (h) - of the original 114 -87 decision are
otherwise complied with, including the Paragragh 7(c)
requirement of not less than 450 SF of planted open area.
File No. 057 -89
5. Applicant's Exhibit "C" planting plan shows a total
planted open area of 488 SF. The planting in the narrowed
northerly area is reduced, spaced for better screening
while leaving utility equipment accessible. Planting area
at the southerly end of the lot is increased while leaving
am�le walkways. Two of the six trees are relocated to the
southeasterly corner area to help screen the loading area.
The plants are specified, chosen to provide a more
attractive appearance year round.
6. The 4 diagonal parking spaces were to be surfaced with
"special brick paving" or Belgian block. Instead,
Applicant paved that area with black top (bituminous
concrete). The latter is claimed to be more practical.
With only the triangular planting area to the south to
promote diagonal parking, Applicant claims that more
offstreet parking is accommodated. The Planning Board's
recommendation is unfavorable to Applicant. Nonetheless,
this Board accepts substitution of the parking area black
topping in view of the otherwise extensive brick paving
elsewhere on the lot.
7. The Exhibit "C" as -built plan is a corrected version of
the Exhibit "B" plot plan - see our 12/9/88 clarification.
8. We note the disingenuous 10/10/89 letter from
Applicant's northerly abutter urging no plantings in the
narrowed northerly area. Since the narrowing may be
ascribed to that abutter, we find difficult giving our
usual respect to his concerns.
9. The modifications approved here are supported also by
our original findings. By 4/6/88 letter from Applicant's
counsel, we are told that the accompanying site and
building plans have the approval of the Nantucket Historic
District Commission.
10. Accordingly, this Board by unanimous vote hereby
modifies the original 114 -87 Special Permit and Variance
grant by the substitution of the Exhibit "C" plans for the
prior Exhibits "A" and "B" plans, in conformity with the
above.
Da d December /�, 1989
r-
Dale W. waine -
/ c
William R. Sherman
Michael J. O'Mara
- 2 -
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
June 4, 1993
To: Parties in interest and others
concerned with the Decision of the
Board
of Appeals in
Application No.: 057
of:
HARBORVIEW
SHOPKEEPERS TRUST
Enclosed is the Decision of the Board of Anneals which has this
day been filed with the Nantucket Town Clerk. This Decision
provides a Clarification (not a Modification) or authorizes a
Temporary Permit under Zoning By -Law Section 139 -26H with no
twenty (20) day appeal period reguired.
Dale W. Waine Chairman
cc: Town Clerk
Planning Board
Building Commissioner
( l '�`q3 6`t &4_W/ cc 4. C -r 4zO
ZONING BOARD OF APPEALS
3 South Beach Street
Nantucket, Mass. 02554
Map 42 -4 -2 19 South Water Street
Parcel 28 234/50
RC
At a Public Hearing of the ZONING BOARD OF APPEALS held at
1:00 P.M., Friday, May 7, 1993, in the Town and County Building,
Broad Street, Nantucket, Massachusetts, on the request by Mario
Teixeira, Trustee, Harborview Shopkeepers Trust, 35 Main Street,
Nantucket, Mass. 02554, for Clarification of the Decision in
Board of Appeals File No. 057 -89, the Board made the following
CLARIFICATION:
1. Applicant requested a clarification of the filing of this
Board's Decision in ZBA File No. 057 -89 to append to the Decision
Exhibit C, which was referenced in the Decision but not filed
with it.
2. By unanimous vote ( Waine, Balas, Williams, O'Mara, and
Angelastro in favor) the Board GRANTS Applicant's request and the
entire Decision in ZBA File No. 057 -89, appended hereto as
Exhibit A, is refiled, with the addition of Exhibit C -1 and C -2
which were inadvertently omitted from the original filing of the
Decision.
Date: �_3 ce
Dale W. Waine
Linda F. Williams
i
/9r3
Michael Angelastro
Form 3 -89
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
December 15 , 1989
To: Parties in interest and others
concerned with the decision of the
Board of Appeals in Application No. 057 -89
of: Mario Teixeira, Trustee, Harborview Shopkeepers Trust
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 day's 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.
"I-j ell(
Willi dm R. Sherman, Chairman
cc: Town Clerk
Planning Board
Building Commissioner
pATUC�; TOWN OF NANTUCKET
BOARD OF APPEALS
0qP 0�, NANTUCKET, MASSACHUSETTS 02554
Date: December 15 t 19 89
MODIFICATION
CERTIFICATE OF GRANTING OF VARIANCE ANDiK SPECIAL PERMIT
(Massachusetts General Laws, Chapter 40A, Section 11)
The BOARD OF APPEALS of the Town of Nantucket hereby certifies
that a Variance andRXSpecial Permit has been granted.:
T,o. Mario Teixeira, Trustee, Harborview Shopkeepers Trust (057 -89)
` (Owner /Applicant)
Address: 35 Main Street, Nantucket, MA 02554
affecting the rights of the Owner /Applicant with respect-to land or
buildings at 19 South Water Street, Assessor's Parcel 42.4.2 -28, Lot 1 at Page
40 of Plan Book 23 Deed Reference
And the BOARD OF APPEALS further certifies that the attached Decision
is a true and correct copy of its Decision granting the Variance andiX
Special Permit and that copies of the Decision and of all plans referred t
in the Decision have been filed with the Planning Board and the Town Clerl<
The BOARD OF APPEALS calls to the attention of the Owner /Applicant
that General Laws, Chapter 40A, Section 11 (last paragraph) provides
that no Variance andtX Special Permit, or nny extension, modification or
renewal thereof, shall take effect until (a) a copy of the Decision, is
certified by the Town Clerk that twenty days have elapsed after the
Decision has been filed in the office of the Town Clerk and no appeal has
been filed (or, if such appeal has been filed,"that it has been dismissed
or denied) and (b) the certified copy is recorded in the Registry of Deeds
for the County of Nantucket and indexed in the grantor index under the
name of the Owner of Record or is recorded and noted on the Owner's
Certificate of Title. The fee for such reco -r]ing or registering shall
be paid by the Owner /Applicant.
Chairman Clerk
NANTUCKET ZONING
BOARD OF APPEALS
NANTUCKET, MA 02554
At a public hearing on Friday, December 8, 1989, at
1:00 p.m. in the Town and County Building, Nantucket, on
the Application (057 -89) of MARIO TEIXEIRA, TRUSTEE,
HARBORVIEW SHOPKEEPERS TRUST, having an address at 35 Main
Street, Nantucket, MA 02554, the Nantucket zoning Board of
Appeals made the following DECISION:
1. Applicant seeks a modification of his Special Permit
and Variance (114 -87) granted December 28, 1987 in the
following respects:
(a) to validate the existing bituminous concrete
paving of the four off - street parking spaces on the
easterly side fronting on South Beach Street Extension;
(b) to reduce the planted open area required from 450
square feet down to 50 SF.
The Special Permit and Variance were clarified by our
letter of December 9, 1988.
2. The premises are located at 19 South Water Street (said
to be 19 Oak Street in the original decision), Assessor's
Parcel 42.4.2 -28, Lot 1 at Page 40 of Plan Book 23, and
zoned Residential- Commercial.
3. Our findings are based upon the record of the original
application 114 -87, papers filed in the present
Application, viewings, correspondence and plans including
as -built plot plan dated 4/27/89 and planting plan dated
11/27/89 (together forming our Exhibit "C "), also
testimony and representations received at our hearings of
October 13, November 3 and December 8, 1989.
4. Since our original 12/28/87 decision, the building
immediately to the north of the premises was relocated
more than 4 feet to the south and 4 feet to the west,
correspondingly narrowing the area between that and
Applicant's building. While that relocated siting may at
some time be corrected to conform with the 014 -86 variance
grant, Applicant here asks that the planting required in
that northerly area of his lot be modified to adapt to the
narrowing. Because of the strong public presense and need
for the ameliorating effect of landscaping on Applicant's
lot, we accept that the landscaping plan should be
changed, provided the related undertakings - see Paragragh
6(e) and (h) - of the original 114 -87 decision are
otherwise complied with, including the Paragragh 7(c)
requirement of not less than 450 SF of planted open area.
File No. 057 -89
5. Applicant's Exhibit "C" planting plan shows a total
planted open area of 488 SF. The planting in the narrowed
northerly area is reduced, spaced for better screening
while leaving utility equipment accessible. Planting area
at the southerly end of the lot is increased while leaving
amble walkways. Two of the six trees are relocated to the
southeasterly corner area to help screen the loading area.
The plants are specified, chosen to provide a more
attractive appearance year round.
6. The 4 diagonal parking spaces were to be surfaced with
"special brick paving" or Belgian block. Instead,
Applicant paved that area with black top (bituminous
concrete). The latter is claimed to be more practical.
With only the triangular planting area to the south to
promote diagonal parking, Applicant claims that more
offstreet parking is accommodated. The Planning Board's
recommendation is unfavorable to Applicant. Nonetheless,
this Board accepts substitution of the parking area black
topping in view of the otherwise extensive brick paving
elsewhere on the lot.
7. The Exhibit "C" as -built plan is a corrected version of
the Exhibit "B" plot plan - see our 12/9/88 clarification.
8. We note the disingenuous 10/10/89 letter from
Applicant's northerly abutter urging no plantings in the
narrowed northerly area. Since the narrowing may be
ascribed to that abutter, we find difficult giving our
usual respect to his concerns.
9. The modifications approved here are supported also by
our original findings. By 4/6/88 letter from Applicant's
counsel, we are told that the accompanying site and
building plans have the approval of the Nantucket Historic
District Commission.
10. Accordingly, this Board by unanimous vote hereby
modifies the original 114 -87 Special Permit and Variance
grant by the substitution of the Exhibit "C" plans for the
prior Exhibits "A" and "B" plans, in conformity with the
above.
Dat,�d December /-<, 1989
/
Linda F. Will
Kdp 0' LV
usz�z
Dale W. Waine
William R. Sherman
Michael J. O'Mara
- 2 -
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
June 4, 1993
To: Parties in interest and others
poncerned with the Decision of the
I
Board of Appeals in Application No.: 057
of: HARBORVIEW SHOPKEEPERS TRU6T
Enclosed is the Decision of the Board of Appeals which has this
day been filed with the Nantucket Town Clerk. This Decision
provides a Clarification (not a Modification) or authorizes a
Temporary Permit under Zoning By -Law Section 139 -26H with no
twenty (20) day appeal period required.
cc: Town Clerk
Planning Board
Building Commissioner
_� QL4_a) -
Dale W. Waine Chairma, ^.
t
ZONING BOARD OF APPEALS
3 South Beach Street
Nantucket, Mass. 02554
Map 42 -4 -2 19 South Water Street
Parcel 28 234/50
RC
At a Public Hearing of the ZONING BOARD OF APPEALS held at
1:00 P.M., Friday, May 7, 1993, in the Town and County Building,
Broad Street, Nantucket, Massachusetts, on the request by Mario
Teixeira, Trustee, Harborview Shopkeepers Trust, 35 Main Street,
Nantucket, Mass. 02554, for Clarification of the Decision in
Board of Appeals File No. 057 -89, the Board made the following
CLARIFICATION:
1. Applicant requested a clarification of the filing of this
Board's Decision in ZBA File No. 057 -89 to append to the Decision
Exhibit C, which was referenced in the Decision but not filed
with it.
2. By unanimous vote ( Waine, Balas, Williams, O'Mara, and
Angelastro in favor) the Board GRANTS Applicant's request and the
entire Decision in ZBA File No. 057 -89, appended hereto as
Exhibit A, is refiled, with the addition of Exhibit C -1 and C -2
which were inadvertently omitted from the original filing of the
Decision.
Date : _ J -,, � �_3
Dale W. Waine
(A-A A�
Ann Balas Linda F. Williams
Michael Sara
�c� csz 1-4
i
Michael Angelastro
NANTUCKET BOARD OF APPEALS
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554
September 22, 1989
NOTICE
A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY,
OCTOBER 13, 1989 at 1 :00 p.m. in the Town and County Building, Federal and
Broad Streets, Nantucket, on the Application of:
MARIO TEIXEIRA, TRUSTEE, HARBORVIEW SHOPKEEPERS TRUST
Board of Appeals File No.: 057 -89
seeking a MODIFICATION (or Clarification, or both) of his SPECIAL PERMIT
and VARIANCE 114 -87 granted 12/28/87 to validate the surfacing of the 4
off - street parking spaces, as paved, and the planted open area as reduced
from 450 to 50 SF (due, in part, to installation of handicapped access
ramps).
The premises are located at 19 SOUTH WATER STREET, and boarded by CHESTNUT
STREET and SOUTH BEACH STREET, Assessor's Parcel 42.4.2 -042, Lot 1 of Plan
Book 23 at Page 40, zoned RESIDENTIAL - COMMERCIAL.
William R. Sherman, Chairman
BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING Date
NANTUCKET, MA 02554
CASE No�9S - �
APPLICATION FOR RELIEF
Owner' s name (s) : MARIO TEIXEIRA, TRUSTEE, HARBORVIEW SHOPKEEPERS TRUST
Mailing address: 35 Main Street, Nantucket, MA 02554 _
Applicant's name: Same
Mailing address:
Location of lot: Assessor's map and parcel number 42 - 42.4.2
Street address • 19 South Water Street
1 cx x0bcxR1= -y, Plan Bk & Pg xPJx-mxF)-xx(t 23/40 Lot 1
Date lot acquired: _�_/_L6j85 Deed Ref 234, 50 Zoning district R -C
Uses on lot - commercial: None or Retail & Office
_
duplex,
- number of: dwellings 0
Building date(s): all pre -8/72? or
Building Permit appl'n. Nos.
6423 -89
MCD ?N_
apartments rental rooms
Case Nos. all BoA applications, 3ca5 itAA 114 -87
C of 0? No
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 -31A
& B _ attach decision or order appealed. OK to attach addendum .
Applicant requests clarification and /or modification of Special Permit /Variance
issued December 28, 1987, Case No. 114 -87, concerning the Surface Material of the
four (4) parking spaces and reduction of planted area of open area from 450 sq. ft.
to 50 sq. ft. required in part by the installation of ramps to make building
handicap accessable.
Items enclosed as part of this Application: orderl addendum2
Locus map Site plan showing present +planned structures
Floor plans present proposed elevations (HDC approved ?_)
Listings lot area frontage setbacks GCR parking data
Assessor- certified addressee si t 4 sets mail ni g labels 2 sets_
200 fee payable to Town of Nantucket proof 'cap' covenant
(If an appeal, ask Town Clerk to send Bldg Comr's record to BoA.)
I certify th the reques d information submitted is substantially
complete a. t to e b st of my knowledge, under the pains and
penalties &f p jury
SIGNATURE:. ;
SIGNATURE: t V//// If/\ Applicant Attorney/agent a
PP Y/ ent g g
1 �eodore L. Tillotso Es it
3 (If not ow.��i,,R �p�ney, enclose proof of authority)