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HomeMy WebLinkAbout057-8905 7- 9>7 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)