HomeMy WebLinkAbout027-90Form 3-39
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U TOWN OF NANTUCKET
"1
BOARD OF APPEALS
RpORATE� NANTUCKET, MASSACHUSETTS 02554
May 301 1990
To: Parties in interest and others
concerned with the decision of the
Board of Appeals in Application No. 027 -90
of: TOWN OF NANTUCKET, FOR ITSELF AND HARBORVIEW SHOPKEEPERS TRUST
MARIO TEXEIRA, TRUSTEE, OWNER
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 •- i�.thin twenty (20) days after
this day's date. Notice of L,_ 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.
Willi m R. Sherman, Chairman
cc: Town Clerk
Planning Board
Building Commissioner
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
Nantucket, Mass. 02554
At a public meeting on Friday, May 4, 1990, at 1:00 P.M. in
the Town and County Building, Nantucket, on the Application (027-
00) of the TOWN OF NANTUCKET, Broad Street, Nantucket,
Massachusetts, for itself and HARBORVIEW SHOPKEEPERS TRUST, MARIO
TEXEIRA, TRUSTEE, owner, the Nantucket Zoning Board of Appeals
.ade the following DECISION:
1. The Town seeks relief under Section 139 -33A of the Zoning
By -Law for a change in use of a non - conforming building to be
used for Town offices under a lease - purchase agreement with the
owner. Relief for such purposes is also sought under the
provisions of Section 139 -18G from the parking requirements of
Sections 139 -18C, 18I, and 18(F)(1)(c). The existing parking is
to be redesigned to provide thirteen (13) diagonal parking spaces
in accordance with the plan appended hereto (EXHIBIT A). The
building is currently being used as a moped and bicycle rental
business under Special Permit 15 -79, and it is said to be non -
- onforming as to side and rear setback, off - street loading
facilities, screening, and open space. In addition, the
Applicant is seeking a waiver of the filing fee.
2. The premises are located at the intersection of South Beach
Street (currently one -way south) and Oak Street (two -way west of
the intersection and one -way toward the east) and consists of an
unimproved corner lot (Assessor's Parcel 42.4.2 -27) and an
abutting improved lot (10 South Beach Street, Parcel 42.4.2 -70).
Se Land Court Plans 8755 -B (with Oak shown as "Town" Street) and
3755 -G (Lots 19 and 3 corresponding to Parcels 42.4.2 -27 and 70
respectively). The zoning district is Residential- Commercial in
which municipal offices are a permitted use. Reference is made
to Special Permit 114 -87 (Cf. 106 -87) granted 12/28/87 (and
clarified 12/9/88) to the owner for contiguous Assessor's Parcel
42.4.2 -28.
3. Applicant and owner acknowledge, and the Board finds that
the two lots in question were merged for zoning purposes, and,
therefore, no waiver is required for off -site parking, despite
the parking being on a lot assessed separately from the lot upon
which the building is situated.
4. We read Section 138 -181 of the Zoning By -Law as requiring
one parking space for each 200 square feet of office space, but
no additional parking spaces based on the number of employees,
i.e. the building would be subject to the same parking
recnlirements as for office use of a building generally.
5. Applicant presented a copy of the parking plan (EXHIBIT A),
showing thirteen (13) spaces, of which twelve (12) meet the size
requirements of the Zoning By -Law, one being undersized due to an
encroachment of the aisle into one corner of the space. The
Applicant stated that, while no additional screening is shown, it
would try to save the screening which currently exists to the
extent possible. The screening and landscaping shown on
Applicant's plan is less than might otherwise be required, but it
is an improvement on the present condition of the lot, which is
in a state of some disrepair. Based upon the proposed use of
space within the building, as shown upon a sketch plan presented
to the Board, seventeen (17) spaces would be required under
Section 139 -18 of the By -Law.
6. Two documents were entered into the record, one a letter
from the Board of Selectmen, dated June 7, 1985, and one minutes
of the Planning Board meeting of April 8, 1985, both urging the
Board of Appeals to adhere to the parking requirements in the By-
Law. One member of the Board would deny the relief on the
grounds that Applicant did not prove an adequate basis for the
requested waiver.
7. Applicant proposed restricting five (5) of the parking
spaces to use by municipal vehicles, with the remaining spaces
for use by members of the public doing business with the offices
in the building, specifically prohibiting parking by employees
working in the building. After discussion concerning the needs
of the various departments to be housed in the building, two of
which currently have reserved parking spaces for one employee
each, the Board determined that such a prohibition would not be
an appropriate condition of relief.
8. Applicant represented that the parking lot would be regraded
but not hard surfaced, since there was no money in the renovation
budget for the latter. A porous surface was considered more
appropriate, and that the space could be delineated by the use of
railroad ties or their equivalent. Ties set at the end of the
spaces would encourage diagonal parking. Applicant was also
requested to landscape the dead spots at the ends of the spaces,
with the A & P Parking lot cited as an example of the kind which
could enhance the area.
9. The Planning Board suggested the addition of a bicycle rack
in the parking area to accommodate employees and members of the
public who used that means of transportation.
10. Concern was expressed that the Owner of the building, if
after the conversion was accomplished and the lease to the Town
expired, the Town were unwilling or unable to buy the building,
would then have waivers from parking requirements not limited to
municipal use. The Board determined, therefore, to bar use of
the building for multiple tenants or entities.
11. The Applicant stated, in response to an inquiry from Ms.
Williams, that no traffic study had been done, and none would be
provided, as Applicant had been requested at the hearing on its
request for a Temporary Permit in this same matter. (See file
027A -90) .
12. The traffic in the area is already a problem. The
additional flow as a result of the change in use of the building
should not have an impact sufficient, under these circumstances,
to warrant the denial of the relief requested.
13. For the reasons set forth, the relief requested by Special
Permit under Sections 139 -18G and 33A was GRANTED, subject to the
following conditions and specifications:
A. The premises are to be used for offices only, initially
restricted to municipal office use, and, thereafter,
the Owner may only lease or allow the premises to be
used by one enterprise or lessee;
B. Parking shall be restricted to provide five (5) spaces
for municipal vehicles and four (4) spaces for use by
employees or heads of the departments housed in the
building, one space per department for those
departments not having use of municipal vehicles;
C. The parking area shall be regraded and the entry, exit,
and parking spaces marked with railroad ties,or
equivalent;
D. The parking shall be laid out and constructed
substantially in accordance with the plan submitted by
the Applicant (EXHIBIT A);
E. To the extent necessary to allow for construction as
specified in D (supra), waivers are granted from the
aisle width, egress, and parking space size
requirements of Section 139 -18C of the By -Law;
F. Applicant is encouraged to add a bicycle rack in the
parking area;
G. The premises are to be used by and /or leased to one
enterprise or lessee only;
H. Waiver of screening is granted provided that the
existing screening is to be maintained to the extent
possible, and the Board reserves the right to require
additional screening if the building ceases to be used
for municipal offices.
Other requested relief, being found unnecessary or inappropriate,
is hereby denied.
The vote was 4 -1 in favor of the relief, Ms. Williams being
opposed. The Board members in favor reasoned that the proposed
use, as conditioned by the Board's approval of the Special Permit
was not substantially more detrimental than the present use,
would be in harmony with the general purposes and intent of the
Zoning By -Law, and that the relief requested should be granted
because it would be physically impossible for the Applicant to
provide parking as required by Section 139 -18 of the Zoning By-
Law. The provision of thirteen (13) spaces in the Core District
would be an improvement of the present situation for the
municipal offices concerned. The design of the spaces, while not
fully complying with dimensional
the intended municipal use. The
provide adequate safeguards for
addressed by the Zoning By -Law,
municipal offices will alleviate
the Town.
Dated: May 3C), 1990.
Lin F Williams
ba id J Le tt
Dale W. Waine
Al
,, -� G
requirements, is adequate for
conditions imposed should
the protection of the interests
and the use of the premises as
some problems currently facing
William R. Sherman"/
Michaol\ J . O'Mara
J
Form 3 -89
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
April /0 , 199
To: Parties in interest and others
concerned with the decision of the
Board of Appeals in Application No. 027 -90
of: TOWN OF NANTUCKET FOR ITSELF AND OWNER HARBORVIEW
SHOPKEEPERS TRUST, MARIO TEIXEIRA, TRUSTEE
TEMPORARY PERMIT
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
�- c/Yryt-
William R. Sherman, Chairman
cc: Town Clerk
Planning Board
Building Commissioner
. q
NANTUCKET ZONING
BOARD OF APPEALS
NANTUCKET, MA 02554
At a public meeting on Friday, March 30, 1990, at
1:00 p.m. in the Town and County Building, Nantucket, on
the informal Application (027 -90) of the TOWN of NANTUCKET
having an address at Broad Street, Nantucket, MA 02554,
for itself and owner HARBORVIEW SHOPKEEPERS TRUST, MARIO
TEIXEIRA, TRUSTEE, the Nantucket zoning Board of Appeals
made the following DECISION:
1. The Town seeks our Board's authorization of a Temporary
Permit under zoning Bylaw Section 139 -26H for a
nonconforming building to be used for Town offices under a
lease - purchase agreement with the owner. We are asked to
find it "necessary to promote the proper development of
the community ".
2. The premises are located at the intersection of South
Beach Street (currently one -way south) and Oak Street
(two -way west of the intersection and one -way toward the
east) and consist of unimproved corner lot (Assessor's
Parcel 42.4.2 -27) and abutting improved lot (10 South
Beach Street, Parcel 42.4.2 -70). See Land Court Plans
8755 -B (with Oak shown as "Town" Street) and 8755 -G (Lots
19 and 3 corresponding to Parcels 42.4.2 -27 and 70). The
zoning district is Residential- Commercial in which
municipal offices are a permitted use. Reference is made
to Special Permit 114 -87 (Cf. 106 -87) granted 12/28/87
(and clarified 12/9/88) to the owner for contiguous
Assessor's Parcel 42.4.2 -28.
3. Our finding is based upon the Town's letter of March
27, 1990 with accompanying copies of the Land Court plans
and Assessor's map, a second copy of that letter with a
parking plan shown on Lot 19, and viewings, together with
testimony and representations at our meeting.
4. On this basis, we find that the proposed renovation of
the concrete -block building (known as Harry Gordcn's
garage) meets the test of Section 139 -26H as "necessary to
promote the proper develpment of the community ". Town
officials explained that certain Town departments are
currently officed in three core -area buildings leased at
burdensome rental rates. Town voters have not yet
authorized expansion of the Town and County Building or
other long -term provision for necessary office space.
Leases are slated to expire July 1, 199u, _.nd so
conversion of the garage building to office use must be
undertaken promptly. One of the buildings presently used
is unsafe or unhealthy.
File No. 027 -90
5. The Temporary Permit is asked to allow a quick start
and is to be followed by a formal application - and public
hearing - upon zoning relief for the proposed municipal
office use. The Town will then have proper plans for the
building renovation and parking area (including landscape
screening). The 3780 -SF footprint of the building will not
be substantially enlarged. Its aesthetic design will be
subject to review by the Historic District Commission. The
parking area will be layed out with diagonal parking,
legally to accommodate as many as 10 spaces and perhaps 16
usable. Entry off South Beach Street is proposed and exit
onto Oak Street toward the very busy Easy Street, a
critical artery carrying pedestrians, cars and freight to
the Steamboat Wharf and beyond.
6. Impact upon traffic flow will be a principal concern,
also any relationship between development of the premises
and the commercial use of the owner's contiguous Parcel
42.4.2 -028 near the threshhold for a Major Commercial
Development [Section 139- 9B(4)].
7. Accordingly, by a favorable vote of all but member
Williams, abstaining, this Board grants to Applicant Town
of Nantucket the requested authorization for a Temporary,
Permit under Section 139 -26H for the proposed conversion
to municipal use. Such authorization shall expire in 2
months (on June /S, 1990) unless the Town has, prior to
that date, made formal application to this Board for
zoning relief for the premises, in which case the
authorization shall continue during pendency of the
proceedings for zoning relief. Also granted is a waiver of
the $200 fee required for a formal application (to avoid
purposeless internal Town accounting).
Dated April `o, 1990
.-
William R. Miermafi
'c. e J. O'M ra
Dale W. Waine
2 -
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
Nantucket, Mass. 02554
At a public meeting on Friday, May 4, 1990, at 1:00 P.M. in
the Town and County Building, Nantucket, on the Application (027-
90) of the TOWN OF NANTUCKET, Broad Street, Nantucket,
Massachusetts, for itself and HARBORVIEW SHOPKEEPERS TRUST, MARIO
TEXEIRA, TRUSTEE, owner, the Nantucket Zoning Board of Appeals
-ade the following DECISION:
1. The Town seeks relief under Section 139 -33A of the Zoning
By -Law for a change in use of a non - conforming building to be
used for Town offices under a lease- purchase agreement with the
owner. Relief for such purposes is also sought under the
provisions of Section 139 -18G from the parking requirements of
Sections 139 -18C, 18I, and 18(F)(1)(c). The existing parking is
to be redesigned to provide thirteen (13) diagonal parking spaces
in accordance with the plan appended hereto (EXHIBIT A). The
building is currently being used as a moped and bicycle rental
business under Special Permit 15 -79, and it is said to be non -
,7onforming as to side and rear setback, off- street loading
facilities, screening, and open space. In addition, the
Applicant is seeking a waiver of the filing fee.
2. The premises are located at the intersection of South Beach
Street (currently one -way south) and Oak Street (two -way west of
the intersection and one -way toward the east) and consists of an
unimproved corner lot (Assessor's Parcel 42.4.2 -27) and an
abutting improved lot (10 South Beach Street, Parcel 42.4.2 -70).
Se Land Court Plans 8755 -B (with Oak shown as "Town" Street) and
8755 -G (Lots 19 and 3 corresponding to Parcels 42.4.2 -27 and 70
respectively). The zoning district is Residential- Commercial in
which municipal offices are a permitted use. Reference is made
to Special Permit 114 -87 (Cf. 106 -87) granted 12 /28/87 (and
clarified 12/9/88) to the owner for contiguous Assessor's Parcel
42.4.2 -28.
3. Applicant and owner acknowledge, and the Board finds that
the two lots in question were merged for zoning purposes, and,
therefore, no waiver is required for off -site parking, despite
the parking being on a lot assessed separately =from the lot upon
which the building is situated.
4. We read Section 138 -18I of the Zoning By -Law as requiring
one parking space for each 200 square feet of office space, but
no additional parking spaces based on the number of employees,
i.e. the building would be subject to the same parking
recuirements as for office use of a building generally.
5. Applicant presented a copy of the parking plan (EXHIBIT A),
showing thirteen (13) spaces, of which twelve (12) meet the size
requirements of the Zoning By -Law, one being undersized due to an
encroachment of the aisle into one corner of the space. The
Applicant stated that, while no additional screening is shown, it
would try to save the screening which currently exists to the
extent possible. The screening and landscaping shown on
Applicant's plan is less than might otherwise be required, but it
is an improvement on the present condition of the lot, which is
in a state of some disrepair. Based upon the proposed use of
space within the building, as shown upon a sketch plan presented
to the Board, seventeen (17) spaces would be required under
Section 139 -18 of the By -Law.
6. Two documents were entered into the record, one a letter
from the Board of Selectmen, dated June 7, 1985, and one minutes
of the Planning Board meeting of April 8, 1985, both urging the
Board of Appeals to adhere to the parking requirements in the By-
Law. One member of the Board would deny the relief on the
grounds that Applicant did not prove an adequate basis for the
requested waiver.
7. Applicant proposed restricting five (5) of the parking
spaces to use by municipal vehicles, with the remaining spaces
for use by members of the public doing business with the offices
in the building, specifically prohibiting parking by employees
working in the building. After discussion concerning the needs
of the various departments to be housed in the building, two of
which currently have reserved parking spaces for one employee
each, the Board determined that such a prohibition would not be
an appropriate condition of relief.
8. Applicant represented that the parking lot would be regraded
but not hard surfaced, since there was no money in the renovation
budget for the latter. A porous surface was considered more
appropriate, and that the space could be delineated by the use of
railroad ties or their equivalent. Ties set at the end of the
spaces would encourage diagonal parking. Applicant was also
requested to landscape the dead spots at the ends of the spaces,
with the A & P Parking lot cited as an example of the kind which
could enhance the area.
9. The Planning Board suggested the addition of a bicycle rack
in the parking area to accommodate employees and members of the
public who used that means of transportation.
10. Concern was expressed that the Owner of the building, if
after the conversion was accomplished and the lease to the Town
expired, the-Town were unwilling or unable to buy the building,
would then have waivers from parking requirements not limited to
municipal use. The Board determined, therefore, to bar use of
the building for multiple tenants or entities.
11. The Applicant stated, in response to an inquiry from Ms.
Williams, that no traffic study had been done, and none would be
provided, as Applicant had been requested at the hearing on its
request for a Temporary Permit in this same matter. (See file
027A -90).
12. The traffic in the area is already a problem. The
additional flow as a result of the change in use of the building
should not have an impact sufficient, under these circumstances,
to warrant the denial of the relief requested.
13. For the reasons
Permit under Sections
following conditions
set forth, the relief requested by Special
139 -18G and 33A was GRANTED, subject to the
and specifications:
A. The premises are to be used for offices only, initially
restricted to municipal office use, and, thereafter,
the owner may only lease or allow the premises to be
used by one enterprise or lessee;
B. Parking shall be restricted to provide five (5) spaces
for municipal vehicles and four -(4) spaces for use by
employees or heads of the departments housed in the
building, one space per department for those
departments not having use of municipal vehicles;
C. The parking area shall be regraded and the entry, exit,
and parking spaces marked with railroad ties,or
equivalent;
D. The parking shall be laid out and constructed
substantially in accordance with the plan submitted by
the Applicant (EXHIBIT A);
E. To the extent necessary to allow for construction as
specified in D (supra), waivers are granted from the
aisle width, egress, and parking space size
requirements of Section 139 -18C of the By -Law;
F. Applicant is encouraged to add a bicycle rack in the
parking area;
G. The premises are to be used by and /or leased to one
enterprise or lessee.only;
A. Waiver of screening is granted provided that the
existing screening is to be maintained to the extent
possible, and the Board reserves the right to require
additional screening if the building ceases to be used
for municipal offices.
Other requested relief, being found unnecessary or inappropriate,
is hereby denied.
The vote was .4 -1 in favor of the relief, Ms. Williams being
opposed. The Board members in favor reasoned that the proposed
use, as conditioned by the - Board's approval of the Special Permit
was not substantially more detrimental than the present use,
would be in harmony with the general purposes and intent of the
Zoning By -Law, and that the relief requested should be granted
because it would be physically impossible for the Applicant to
provide parking as required by Section 139 -18 of the.Zoning By-
Law. The provision of thirteen (13) spaces in the Core District
would be an improvement of the present situation for the
municipal offices concerned. The design of the spaces, while nog
fully complying with dimensional
the intended municipal use. The
provide adequate safeguards for
addressed by the Zoning By -Law,
municipal offices will alleviate
the Town.
Dated: May 3D , 1990.
Linq,IL Fj Williams
fba id "j/ LegVtt
Dale W. Waine
i CERTIFY' THAT 20 DAYS H�
WAS FILED iN T.1-:F n HAVE ELAPSED AFTER THE DEC!S!ON
N , �.. trICc 0 Ifi . OI;vY; CLE;K, t 1�
APjpc„_ rd S ��EN Fi1cO � 'A THAT
40 A, SECTION 11 PERSD ANT To "`r�Ei' L LAY
0' ✓ ✓N CLE K
requirements, is adequate for
conditions imposed should
the protection of the interests
and the use of the premises as
some problems currently facing
�_z
William R. Sherman /
MichaA, j. o' Mara
�(
Form 3 -89
TOWN Or NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
May 301 19 90
To: Parties in interest and others
concerned with the decision of the
Board of Appeals in Application No. 027 -90
of: TOWN OF NANTUCKET, FOR ITSELF AND HARBORVIEW SHOPKEEPERS TRUST
MARIO TEXEIRA, TRUSTEE, OWNER
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 ••i ; _thin twenty (20) days after
this day's date. Notice of Lir_ 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.
Willidm R. Sherman, Chairman
cc: Town Clerk
Planning Board
Building Commissioner
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
Nantucket, Mass. 02554
April 12, 1990
NOTICE OF PUBLIC HEARING
A public hearing of the Zoning Board of Appeals will be held
on Friday, May 4, 1990, at 1:00 P. M. in the Town and County
Building, Broad Street, Nantucket, Massachusetts on the Application
of:
TOWN OF NANTUCKET, Broad Street, Nantucket, Mass. 02554, for itself
and owner HARBORVIEW SHOPKEEPERS TRUST, MARIO TEXEIRA, TRUSTEE,
Board of Appeals File No.0;0 -90
Seeking relief under the provisions of Section 139 -33A of the
Zoning By -Law for a change in use of the building located at 10
South Beach Street, said to be non - conforming as to side and rear
setback, off - street loading facilities, screening, open space, and
off -site parking, and the adjacent lot, both currently used as a
bicycle rental business under Special Permit 15 -79. The proposed
use is as not more than 3,500 square feet of municipal office
space. Additional relief is requested pursuant to Section 139 -
18G from the requirements of Sections 139 -18C (parking area and
dimension requirements), 139 -18E (off -site parking), 18F(1)
(screeneing and driveway width), and 139 -18I (Table of Parking
Requirements). To the extent necessary, relief is sought from the
requirements of the provisions of Sections 139 -16F (open space) and
139 -19 (off- street loading facilities). Waiver of the Application
Fee is requested.
The premises are located at 10 South Beach STreet, Nantucket,
Assessor's Map 42.4.2, parcels 27 and 70, as shown on Land Court
Plan 8755 -B, as Lot 3, and Land Court Plan 8755 -G, as Lot 19. The
property is zoned Residential- Commercial.
(&dg (-I
v, 12
William R. Sherman, Chairma
BOARD OF SELECTMEN
Nancy J. Sevrens
Chairman
Lee Bourgoin
Executive Secretary
TO: Zoning Board of Appeals
CC: Ron Santos
Bernard Grossman
Ted Tillotson, Esq.
FROM: Lee Bourgoin
DATE: April 12, 1990
,,��IMIIIIIII
UCje'P•••
s
••�;p�OR�TEO ��``.
p•IMNN�N��
TOWN OF NANTUCKET
Town and County Building
Nantuckct, NIA 02554
(508) 228-7255
RE: Application for Relief for 10 South Beach Street, with Supplemental Information
Enclosed is a copy of the application which was submitted to you yesterday in less complete form
on behalf of property owner Mario Texeira, trustee of Harborview Shopkeepers Trust, now with
supplemental information and with the request amended to a request for a waiver for four (4)
parking spaces. This is in response to helpful preliminary comments from Linda Williams and
Spencer Cowan, Esq. Confirming our telephone conversation last night, you will continue to
process this application so that it may come up at your meeting of May 4, 1990.
On the issue of relief of parking space requirements, please see the enclosed concept plan for
Town office use. This shows 3,703 square feet measuring from outside the building (envelope)
and at least 400 square feet for storage space; at 200 square feet per parking space for a
municipal office use (which is not commercial or industrial) this would mean no more than 17
parking spaces. Since 13 are to be available as shown, the request is for a waiver of four (4)
spaces.
The various other aspects of the relief sought are detailed in the attached revised copy of the
application. A waiver of the fee is also requested as this would be payment from the Town back
to the Town coffers.
The assessor's list of parties in interest and mailing labels have already been provided to you.
For your information, a 21 -E study is being undertaken by the owner to ensure that there is no
problem in that regard. Thank you for your assistance.
OF APPEALS Date
BOA Form 1 -89 NANTUCKET ZONING COUNTYA BUILDING
TOWN NT Mp 02554
NANTUCKET, CASE No
pppL CATION FOR RELIEF
owner' s name (s) : Mario Texeira jr.
Rdl vvi• +-•-
address' 35 Main Street, Nantucket MA 02554
Mailing Ted Tillotson for the Trust)
Town of Nantucket (Atty.
Applicant's name: 02554
in address: Selectmen's Office 16 Broad Street 42.4uZet70 27
Mailing
Location of lot: Assessor's map and parcel number
Street address: 10 South Beach Street —
or Plan Fi1e8755 B +G Lot 19 & 3
Registry Land Ct Plan, Plan Bk & Pg district RR C
Deed Ref 734, 50, 51 Zoning
Date lot acquired: —j—j-- MCD?
commercial: None _ or
Uses on lot apartments rental rooms
number of: dwellings_ duplex —
C of O. N/A
Building date(s): all pre -8/72? X or
N/A
Building Permit appl'n• Nos.
Case Nos. all BOA applications,
lawsuits: (15 -79)
ht and respective Code sections
ared to present
State fully all zoning relief snug you propose comp_ per Section
and subsections, specifically what y P and Section
rounds you urge for BOA to make fPermit P
and what 139-30A if a Special If appeal per 139 -3JA
139-32A
grounds
Variance, use).
ach decision ox order appealed. OK to attach addendum
if to—alter or extend a noncon�ormin
a
See attached addendum.
1
addendum
lication: order structures
art of this APP resent +planned
Items enclosed as p X showing P HDC approved?N /A)
Locus map X Site plan ro osed X elevationsGCR ( parking data
Floor plans present P p setbacks sets-
lot lot area frontage maling labels 2 sets
Listing 'cap' covenant
Assessor- cettif e o TownsofeNantuckete s Proof,
Comr's record to BoA.)
5200 fee payable ask Town Clerk to send Bldg
(If an appeal,
requested information subeltundersthebpainslandy
I certify that th e t f my knowle d g
complete aril tr e to,- th
penalties f_e ur,. Attorney /agent X
Applicant �a tucket
SIGNATUR Lee Bourgoin, Executive roof ar au`t��ori y�
3(If no owne or
er's attorney, enclose p
Relief i6 Lought pursuant to Chapter 1:39- --19A, that the Board make a
finding that the change in use of the structure at 10 South Beach Street
said to be nonconforming as to side and rear setback (139 -16C),
Off- street loading facilities (139 -19), Screening (139 -18F, and Open
Space (139 -16F), currently used as bike and moped rental operation,
pursuant to Special permit (15 -79) to not more than three thousand five
hundred square feet (3500') of Town offices is not substantially more
detrimental to the neighborhood. It is believed that this change w -ll
in fact be beneficial to the neighborhood and is in keeping with the
Town's Goals and Objectives. The proposed change requires seventeen
parking spaces be provided. Additional relief is sought pursuant to
139 -18G from sections 18C, 18I; and 18(F)(1)(c) as the existing parking
is to be redesigned as follows, one entrance on South Beach Street,
thirteen 45 degree angled spaces, a one way aisle fifteen feet in width
except for a two foot intrusion by space 917 for approximately ten feet,
and an exit on Oak Street anticipated to be slightly less than twenty
feet in width, final design width subject to the Traffic Safety
Committee. Said redesign to provide for a safer, more convenient and
accessible parking lot. Care will be taken to maintain existing
screening and trees.
Relief from 139 -18I. The applicant requests the Board make a finding
that municipal use as Town offices are not commercial in nature and
therefore not subject to the additional parking requirements of 139-i8i
for employees. If the Board is unable to make such a finding than
relief from said section is also sought.
The parking is to be for the exclusive use of the public having business
in the town offices on site and town owned vehicles. Employees of the
Town, County and State shall be restricted from parking on the lot.
During non business hours parking shall be restricted to Town owned
vehicles only.
Waiver of application fee is requested as the cost would be borne by the
Town and be submitted to the Town.
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