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Home My WebLink About032-90Form 3 -89 TOWN OF NANTUCKET .'- - BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 June 0� ` 1 19 90 To: Parties in interest and others concerned with the decision of the Board of Appeals in Application No. 022_ 90 of: SPENJEN REALTY TRUST, PAULA E. ARNOLD, TRUSTEE 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. William R. Sherman, Chairman cc: Town Clerk Planning Board Building Commissioner BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 Decision: At a public hearing of the BOARD OF APPEALS on Friday, June 1, 1990, at 1:00 P.M. at the Town and County Building, Nantucket, on the Application (032 -90) of Spenjen Realty Trust, Paula E. Arnold, Trustee, u /d /t dated as of October 14, 1986, with a mailing address of 14 Dennis Drive, Nantucket, Massachusetts 02554, the Nantucket Zoning Board of Appeals made the following DECISION: 1. Applicant seeks a Special Permit under the Zoning Code Section 139 -8B(1) and Section 139 -30 to conduct, as a commercial profit- making business, a community recreational facility (namely a video game room) and a Variance from the parking requirements for such a facility under Section 139 -18 and Section 139 -32 of the Zoning By -Law. The premises are located at 147 Lower Orange Street, Nantucket, Massachusetts 02554 and shown as Lot 11 in Plan File 16D at the Nantucket Registry of Deeds (Assessors Map 55, Parcel 312) in the Zoning District Residential - Commercial. 2. Our findings are based on the application papers, a copy of the site plan for the premises showing proposed parking along with testimony and representations made at the public hearing. The parking plan is marked as Exhibit A. 3. The Applicant proposes to convert approximately 950 square feet of a basement space which had been utilized by a parcel delivery service to a video game room housing as many as 23 video game machines, licenses for which have been issued by the Nantucket Board of Selectmen. Other uses in the structure are two° apartments and a take -out bakery. Parking on the site has been allocated with two spaces to service the two residential units, six spaces to service the bakery and six spaces to service the video game room, for a total of 14 spaces as shown on the plan. 4. No opposition was heard regarding the establishment of a video game room in this location. There was some discussion regarding the potentially high occupancy of the space permitted under the State Building Code. However, the Applicant agreed that a limitation on the number of occupants to 45 people be imposed as a condition of the Special Permit. With this limitation on occupancy, the Board finds that the proposed use will be in harmony with the general purpose and intent of the Zoning By -Law. 5. With respect to the parking requirements of Section 139 -18, the limitation on occupancy to 45 results in a calculation of parking spaces for the recreational facility of 1.5 spaces plus one for the employee for a total of 16 spaces, where only 6 had been provided on the Lot. The shape of the Lot, siting of the existing structure, and the slope of the rear of the Lot make additional parking difficult to provide and do not generally affect the zoning district. Given that the Applicant has already received a license from the Board of Selectmen for the video game machines, that the typical cliental for such a facility do not drive (being between the ages of 12 and 16), and that it is anticipated that the peak hours for this use will not overlap with the peak hours for the other commercial use of the premises, the Board finds that a literal enforcement of the parking requirements found in Section 139 -18 would involve substantial hardship to the Applicant and that the variance may be granted without substantial detriment to the public good and without derogating from the intent and purpose of -the Zoning By -Law, provided, however, the following conditions are met: J- -4 C�$•16AJ (a) Occupancy of the. space is limited to 45 persons; (b) A bicycle rack is provided on the site for use by its patrons; (c) The use of the premises must be in accordance with the license granted by the Board of Selectmen; and (d) The Applicant must return to the Board of Appeals for a modification of this relief should the uses of -the Lot be modified from the current uses for residences, a take -out bakery, and the video game room permitted hereby. 6. Accordingly, this Board by UNAMIMOUS vote grants to the applicant on the conditions set forth above the requested SPECIAL PERMIT under Section 139 -8B(1) and Section 139 -30 and the requested VARIANCE under Section 139 -18 and Section 139 -32 to utilize the basement space described in the application as a video game room, with parking to be provided in substantial conformity with the parking plan submitted as Exhibit A. Dated: June d "1990 %�r_ William R. Sherman `_ ` Dale W. Waine /1 11 ` -__& Bert J. tei hter Ann Balas NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 May I q, 1990 NOTICE A public hearing of the Board of Appeals will be held on Friday, June 1, 1990, at 1:00 p.m. in the Town and County Building, Federal and Broad Streets, Nantucket, on the Application of: MARK and PAULA ARNOLD, TRUSTEES, SPENJEN REALTY TRUST Board of Appeals File No. 03a. -90 seeking a Variance from any requirements, Se-d_iO'1 13q- Igl�e,$, r do off - street loading area and parking spaces in excess of the 14 spaces now provided, arising with a proposed change of use for aj9Z -SF basement area from parcel delivery services to video game room; alternatively, relief by Special Permit if applicable. The premises are at 147 Lower Orange Street, Assessor's Parcel 55 -312, Lot 11 of Plan File 16D, zoned Residential Commercial. William R. Sherman, Chairman Sion ?L BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS Date TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 CASE NO-63 2 - APPLICATION FOR RELIEF owner's name(s): S f1to of 1V t? i4C T I TRO s I Mailing address: DGw is OK (VAP4 —rucKf T , MA 0 Y Applicant's name: YL nwc9 eck, (� A i2u'dc0 TO5Ti� Mailing address: Dr /V0(A4vc �, ✓✓� oz��Y IZ Location of lot: " Assessor's map and parcel number S s - /� a _ Z�� -�� 3 Street address: -1-/ L oc�� Ci��a K S� GUd �'��c �, 4 1 - �� Registry Land Ct Plan, Plan Bk & Pg or Plan File A-7) Lot (I Date lot acquired • Deed Ref 13 +1 12- Zoning district C' Uses on lot - commercial: None _ or 4 w" s p•4c MCD? %1(0 - number of: dwellings �L duplex apartments rental rooms Building date(s): all pre -8/72? or C of 0. Building Permit appl' n . Nos. 5 Q`) 2- -,5 Case Nos. all BoA applications, lawsuits: 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 . :), k Vl-� `F- 0 Items enclosed as part of this Application: orderl addendum2 Locus map Y Site plan - showing present - +planned 'structures Floor plans present,-- proposed elevations (HDC approved?_) Listings lot area .- frontage setbacks GCR parking data Assessor- certifieUaddressee list 4 sets ,- maling 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 that the requested information submitted is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. 9 — SIGNATURE• . Applicant4� Attorney /agent 3(If not owner or owner's attorney, enclose proof of authority) T.T I1T 11P'.n 0/6/10 SPENJEN REALTY TRUST ADDENDUM I REQUEST RELIEF FROM PARKING REQUIREMENTS [139 -18] BUT AM UNSURE WEATHER I NEED TO REQUEST A SPECIAL PERMIT, VARIANCE OR FURTHER RULING ON THE BUILDING COMMISSIONERS DECISION [139 -31]. THE SPACE IN QUESTION CURRENTLY MEETS THE PARKING REQUIREMENTS FOR A GENERAL BUSINESS COMMERCIAL USE. THE BUILDING COMMISSIONER, HOWEVER, CONTENDS THAT MY PROPOSED VIDEO GAME ROOM IS AN A -3 ASSEMBLY USE WHICH CAUSES HIM TO RATE THE OCCUPANCY OF THIS SMALL SPACE BETWEEN 100 AND 130 PEOPLE. HE FURTHER STATES THAT PARKING NEEDS TO BE FIGURED AT ONE SPACE PER THREE OCCUPANTS UNDER THE INDOOR RECREATION CATEGORY. THE WORST CASE PARKING NEEDS UNDER THIS INTERPRETATION IS 53 SPACES WHEN THE REST OF THE BUILDINGS' PARKING NEEDS ARE INCLUDED. THE CURRENT PARKING PLAN SHOWS 14 SPACES.