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HomeMy WebLinkAbout024-90Form 3 -89 TOWN OF NANTUCKET C 4-� _ BOARD OF A�''P�,L '�� S NANTUCKET, MASSACHUSET 1 -) 02554 May ! ff , 1990 To: Parties in interest and others concerned with the decision of the Board of Appeals in Application No. 2 -_qC of: Michael Scott Realty Corporation Enclosed is the decision of the Board of Appeals �hi_ch hay this day been filed with the Nantucket Town Clerk. An appeal from this decision may be taken pu=--- n+- }� Section 17 of Chapter 40A, Massachusetts General. -Laws. Any action appealing the decision must be bra)" 1 1- 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. William R. Sherman, Chairman cc: Town Clerk Planning Board Building Commissioner BOARD OF APPEALS OF NANTUCKET TOWN OF NANTUCKET Nantucket, Massachusetts 02554 DECISION The Board of Appeals of Nantucket, at a Public Hearing held 4 on Friday, May 4, 1990, at 1:00 pm in the Towr. d Cc___iL 2 Bui nantucket, Massachusetts, made the rfollowing DECISION n Application of MICHAEL SC the OTT REALTY .PORATION, Nantucket, Massachusetts (hereinafter also the "Applicant ") (02-4-'30) 1. Applicant filed a request for a to Section 139 -33A and 139 -18G to alter, extend and /or change a commercial use, presently nonconforr ng, for lack of off- F+-reet parking and loading facilitioes, in a port!-.--. -f 7, pry- exis��.. nonconforming structure located at 17 Main Street, Nantucket. The present structure and use have the benefit of and are subject to an existing Special Permit 87 -86, as Modified by 109 -87, an 1h- -Dnertl is recorded at the Nantucket Registry c5 De } n within the R -C Zoning District, and it is wit__in the District as that term is used in Section 139 -E8G of the By -law. 2. Our findings are based upon the application papers testimony and representations rece.,- gar of our application process. The premises is presently used, as follows: basement - commercial storeage for retail business, first floor - commercial retail (Nobby S- -.gin g , private office for retail business, dwelling, dead storeage, third floor - dwelling. 3. The existing Special Permit allow use cf the premises upon the following conditions: (a) The commercial use is limited to one retail clothing store with not to exceed 2495 SF r�-ail ��u..� ,�..,� u „�illazy non- public office space (1260SF) and storage space (2 660 SF); (b) The structure shall b �'�: -' ; al th Exhibit A (with our Modification per 109 -87), modified for HDC approval; limite .: �� - (c) The two apartment dwel��.�y 'a,-- � �o year -round occupancy upon the conditions of Section 139- 7C(2) (g) for accessory apartments; and (d) Except for delivery chute and screened space for trash, propane cylinders and the like, an 8” to 12" soffit and two (2) uncovered stoops, the five -foot setback -_oa Lane a��ng the new addition shall remain open. 4. The Applicant herein requests relief in order to convert all or a portion of the 1260 SF of area on the second floor, dedicated to ancillary non - public office under tae existing rermit, to commercial retail space. The reckoning of parking spaces required by this extension of the use is one space more -NOTE: The premises are located at 17 Main Street, Assessor's Parcels 42.3.1 -117 and 178 and zoned Residential- Commerc4al . which was reckoned by this Board in its previous determinations. This reckoning contemplates the potential for an additioral one employee parking space needed to operate t"L : y space. 5. We find that the extension or bl er = of 1000 SF of the second floor space to commercial retail space for the common retail clothing store operated on the first floor, upon the further condition that such store be operated on a year -round basis, is in harmony with the purposes and intent of the Nantucket Zoning By -Law, and will not be substantially -more dletrimen-al to the neighborhood than that which presently exists. We further find that the accommodation of additional par'�ing c, Lhe 51ce is impractical and physically impossible. 6. Accordingly, by UNANIMOUS vote, .liis Board GRANTS to Applicant the requested SPECIAL PERMIT under Sections 139 -33A and 139 -18G to the extent of 1000 SF of commrr_.� it <_- space on the second floor as an extention of the first floor retail clothing store, on the condition that it be operated on a year -round basis, by conversion of an equal portion of the second floor space previously conditioned to use as ancillary non - public office space. In all other repsects the terms, conditions and rights afforded by Special Permit 087 -86 dated October 9, 1986, as amerr'e'? by Modified Special Permit 109 -87, dated October 30, 1987, shall remain in full force and effect. dated: . /Oc/ /Q ?C) William R. Sherman 1 - -- I5a7.e W. Waine �,nda Wil lams ;Da,O n B as //L'',- ge i ZONING BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MA 02554 DECISION: The Nantucket Board of Appeals, at a public meeting held on Friday, April 26, 1991, at 1:00 P.M. in the Town and County Building, Nantucket, Massachusetts, made the following decision upon the request of Michael Scott Realty Corporation (OA4 7C), c/o David J. Moretti, Attorney -at -Law, 13 Goldfinch Drive, N.P.P. Suite 64, Nantucket, Massachusetts 02554. 1. Applicant sought the extension of Special Permit No. (061q -90) issued on May 18, 1990, and recorded at the Nantucket Registry of Deeds in Book 3 (e 3, page a US, for an additional period of six (6) months. 2. The said Special Permit was issued under old Section 139- 30 and is subject to expiration on May 18, 1991, if substantial use of the permit is not used before that date. 3. Circumstances as presented by the Applicant have inhibited Applicant's ability to use of the permit to date, but Applicant still intends and desires to use the permit. Therefore, upon a motion duly made and seconded, the Board voted unanimously to extend Special Permit (6,24 -76) for a period of six (6) months ending on November 18, 1991. L A L Ale) ;yes � NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 March ) 3 , 1990 NOTICE A public hearing of the Board of Appeals will be held on Friday, March 30, 1990, at 1:00 p.m. in the Town and County Building, Federal and Broad Streets, Nantucket, on the Application of: MICHAEL SCOTT REALTY CORPORATION Board of Appeals File No. 024 -90 seeking a Special Permit, or modification of prior Special Permit 87 -86 (see also 109 -87), under Sections 139 -18G and -33A to alter a nonconforming building and its use so that 1260�SF of second -floor space, now restricted to use as a non - public office ancillary to the first -floor retail use (the "Nobby Shop "), may be used for retail operations ancillary to the first -floor use or for such office use. The premises are at 17 Main Street, Assessor's Parcels 42.3.1 -117 and 178, and zoned Residential - Commercial. William R. Sherman, Chairman BoA'Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS 3/9/90 TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 CASE No.02,A/ APPLICATION FOR RELIEF Owner's name(s): Michael Scott Realty Corporation Mailing address: 17 Main Street Nantucket MA 02554 Applicant's name: same Mailing address: c/o Glidden & Moretti, P.C.. 37 Centre St. Nantucket, MA 02554 Location of lot: Assessor's map and parcel number 4231 - 117 & 178 Street address: 17 Main Street, Nantucket, MA Registry Land Ct Plan, Plan Bk & Pg or Plan File Lot Date lot acquired: _L/__L/ 74 Deed Ref 146, 228 Zoning district RC Uses on lot - commercial: None — or retail clothing store MCD? - number of: dwellings 0 duplex 0 apartments2 rental rooms0 1988 Building date (s) : all pre-8/72? ygz_ or renovation commenced/ C of O? 5646 -88 Building Permit appl'n. Nos. 5646 -87 (9/29/87) Case Nos. all BoA applications, lawsuits: 87 -86 & 109 -87 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 -3 A & B _ , attach decision ox order appealed. OK to attach addendum Special permit pursuant to 139 -33A and 139 -18G to alter, to expand, or to change commercial use, presently non - conforming, for lack of off - street parking and loading facilities, of a commercial portion of the structure, non - conforming, e.g., as to setbacks and ground cover ratio. If granted, applicant will be allowed to expand the existing first floor retail operation into the existing second floor space. The desired expansion area (1260 sq. ft.) is presently restricted by Special Permits (87 -86 & 109 -87) to non - public office space ancillary to the 1st floor retail clothing store. Relief is also sought from the off - street parking requirements of the By -Law which may be incident to the proposed use or change. Items enclosed as part of this Application: orderl addendum2 Locus map Site plan showing present .' +planned structures Floor plans present proposed elevat ion (HDC approved ?_) Listings lot area frontage setbacks GCR parking data Assessor- certifie�ddressee ist 4 sets ma�l ni g labels 2 sets_ 200 fee payable to Town of Nantucket proof 'cap' covenant (If an appeal, ask Town Clerk to senU Bldg Comr's record to BoA.) I certify that the requested information submitted is substantially complete and true to the est of my knowledge, under the pains and penalties of naejury. A licant Attorney /agent cz AI If SIGNATURE: pp 3(If not (lKwner o� o /ner's attorney, enclose proof of authority) PROPOSED USE GROUND COVER: Proposed: 2660 USE: Net: ( 0 ) Basement: Storage (Nobby) lst Floor: Retail (Nobby) 2nd Floor: Retail /Office (Nobby), Dwelling (Year- Round) 3rd Floor: Dwelling (Year - Round) /Residential Storage PARKING: SQUARE FEET SPACES Retail /Office: 3755 (2495 -1st) 19 (1260 -2nd) Storage: 2660 3 Dwellings: n/a 2 Exmployees: 10 + Sam 3* 27 SUMMARY: The entire commercial use of the premises will be committed and restricted to the Nobby Shop. Both apartments are limited to persons domiciled in the Town of Nantucket year -round and neither shall be offered for nor used for seasonal occupancy.