HomeMy WebLinkAbout037-90Form 3 -89
TOWN OF NANTUCKET n � q -17n
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
19 90
To: Parties in interest and others
concerned with the decision of the
Board of Appeals in Application No. Q,3Z -go
of: DOROTHY M. LEICHTER
Enclosed is the decision of the Board of Appeals which has
this day been filed with the llantuc }:et 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.
LKnda F. Williams, Chairman
cc: Town Clerk
Planning Board
Building Commissioner
P ('
BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, MASSACHUSETTS
Decision:
At a public hearing of the Nantucket Board of Appeals held
at the Town and County Building, Nantucket, on Friday, July 13,
1990, at 1:00 P.M., the following Decision was made upon the
application of DOROTHY M. LEICHTER (037 -90):
1. This is an application for modification of the Special
Permit under Nantucket Zoning By -law Section 139 -18.G to allow
the following changes in use: (1) to convert 1440 square foot
second -floor commercial storage space into two residential
apartments; (2) to allow each of 4 retail stores in 3428 square
foot on the first floor to be used interchangeably for office or
retail space from time to time; and (3) to allow one retail store
on the first floor to contain one take -out food station provided
that no food preparation shall be allowed on the premises. Such
changes of use require an amendment to Special Permit (009 -85)
e.g., for a waiver of the 5 additional parking spaces required
for the food take -out use. The subject property (the "Locus ") is
situated at 6 WASHINGTON STREET (Assessor's Parcel 42.3.1- 142.1),
Plan File 2 -E, Lot 1, and is zoned RESIDENTIAL- COMMERCIAL.
2. By our decision in Case No. 009 -85, we granted the
applicant a special permit under the predecessor Section 6B to
Section 139 -18.G, reducing off - street parking requirements from
seventeen to three spaces, conditioned on no retail space except
on the first floor. The building upon the Locus now contains
3,428 square feet, in gross floor area, of retail space, divided
into four retail stores; the second floor contains 1,440 square
feet of commercial storage. Four, rather than three as permitted
by our decision in 009 -85, parking spaces are provided upon the
Locus. Based upon the requirement of one parking space for each
three employees for retail use, one space for each 900 square
feet of commercial storage, and one space for each 200 square
feet of retail use, a total of twenty -three spaces are required
for present uses.
3. The applicant now proposes to make three changes in use
of the Locus, including conversion of the second -floor commercial
storage space into two residential apartments; and interchange
from time to time between retail and office use of the space on
the first floor; and initially proposed placement of one take -out
food station in retail space on the first floor. Residential,
retail and office use are permitted in this
Residential - Commercial district; but relief is required as to
parking requirements. (At our hearing the applicant withdrew her
request for a take -out food station, and we make no further
reference to that request.)
4. To the extent the existing parking meets the retail use
requirements, we have no trouble in finding that interchange from
time to time between retail and office uses is, as to parking
requirements, in harmony with the purpose and intent of the
by -law; in fact, office use is considered less intense as to
parking, since the by -law requires no additional employee spaces
for office uses.
5. We are more troubled in making this finding as to the
proposed change from commercial storage to residential use. We
note the extreme shortage of off - street parking in this congested
downtown area. Notwithstanding the by -law provisions which
result in two spaces being required for either 1,440 square feet
of storage or two apartments, We consider the residential use to
be more likely, as a practical matter, to generate need for
parking. However, we note the need for year -round housing in the
downtown area, and we find that the relief contained herein, as
limited and conditioned, will be in harmony with the purpose and
intent of the by -law.
6. We further find that provision of more than the present
four parking spaces upon the Locus is physically impossible.
7. We, accordingly, modify our decision ial Case No. 009 -85,
to grant the applicant a special permit under Section 139 -18.G,
provided that the use of the Locus is conditioned, as follows:
(a) The first floor of the building upon the Locus may
be used by either retail or office occupants, interchangeably
from time to time.
(b) One one - bedroom apartment, containing not more
than 720 square feet of gross floor area, may be installed on the
second floor.
(c) Any portion of the second floor which is not used
as part of the permitted apartment may only be used as commercial
storage space, and only as ancillary to the retail or office
establishments occupying the first floor.
(d) The apartment shall not be converted at any time
in the future into retail or office space, or any use other than
ancillary commercial storage for office or retail establishments
occupying the first floor.
(e) A restriction and affidavit, in the same form and
content prescribed for year -round accessory apartments under
By -law Section 139- 7.C(2)(g), shall be duly recorded in the
Registry of Deeds and filed prior to any use of the proposed
apartment.
8. Our current calculation of twenty -three parking spaces
for the uses we are permitting upon the Locus pursuant to this
Special Permit is reckoned as follows:
Retail or office space on
first floor,
a total of 3,428 square
feet of gross
floor area
17
Employees (up to three in
each of four
retail establishments, if
so used)
4
Dwelling unit (or 720 square
feet of
storage)
Additional 720 square feet
of storage
1
1
Total
23
10. For the reasons stated and upon the conditions and
limitations herein contained, we hereby grant the applicant the
requested modification of the 009 -85 Special Permit under Section
139 -18G, by a UNANIMOUS vote.
Dated: 1990
(dda /l /LEICHTER)
L nda F. Jilliams
7/
W' iam R. Sherman
e W. Waine
Mich el J. O'Mara
Peter F. Dool y
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 DOROTHY
LEICHTER ( -90) seeking a modification of the Special Permit
in 009 -85 to allow the following changes in use: (1) To convert
second floor commercial storage space into two residential
apartments; (2) To allow each retail store on the first floor to
be used interchangeably for office or retail space from time to
time; and (3) To allow one retail store on the first floor to
contain one take -out food station; no food preparation shall be
allowed on the premises. Each of the foregoing uses is permitted
as a matter of right, however any such change of use requires an
amendment to the waiver of parking spaces contained in 009 -85.
The premises are located at 6 Washington Street, (Assessor's
Parcel 42.3.1 - 142.1), Plan rile 2 -E, Lot 1, and are Zoned
RESIDENTIAL - COMMERCIAL.
William R. Sherman, Chairman
BOARD OF APPEALS
amc /12 /LeiNot
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
May 14, 1990
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 DOROTHY LEICHTER (037 -90)
seeking a MODIFICATION of the SPECIAL PERMIT (009 -85) to allow the following
changes in use: (1) to convert 1440 SF second -floor commercial storage space
into two residential apartments; (2) to allow each of 4 retail stores in
3428 SF on the first floor to be used interchangeably for office or retail
space from time to time; and (3) to allow one retail store on the first
floor to contain one take -out food station provided that no food preparation
shall be allowed on the premises. Such changes of use require an
to Special Permit (009 -85) e.g., for a waiver of the 5 additional parking
spaces required for the food take -out use.
The premises are located at 6 WASH.= NGTON STREET, Assessor's Parcel
42.3.1- 142.1, Plan File 2 -E, Lot 1, and are zoned RESIDENTIAL - COMMERCIAL.
William R. Sherman, Chairma_
BOARD OF APPEALS
BoA Form 1 -H9 NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING Date
NANTUCKET, MA 02554 /,/►
CASE No -
(/,�/�
APPLICATION FOR RELIEF
Owner's name(s): Qorothy Leichter
Mailing address: c/o Reade & Alger P.C., 6 Young's Way P O.Box 2669. Nantucket, MA
02584
Applicant's name: Dorotby Leichter
Mailing address: c/o Reade & Alger P.C., 6 Young's Way, PO Box 2669, Nantucket, MA
02584
Location of lot: Assessor's map and parcel number42.3_1- 142.1
Street address: 6 Washington Street
Registry Land Ct Plan, Plan Bk & Pg or Plan File 2 -E Lot 1
Date lot acquired: _L_/_L5/ 85 Deed Ref 226 ;334 Toning district R-C
Uses on lot - commercial: None or Retail stores MCD?No
- number of: dwellings_ duplex^ apartments 2(Pr9B4A991 rooms_
Building date(s) : all pre - 8/72 ?Y °, or C of O ?_
Building Permit appl'n. Nos.
Case Nos. all BoA applications, lawsuits: 009 -85
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 X if a Special Permit (and 139 -33A
if to alter or extend a nonconforming use). If appeal per 139 -3�A
attach decision or order. appealed. OK to attach addendum .
See attached statement.
Items enclosed as part of this Application: orderl addendum2
Locus map x Site plan X showing present +planned structures
Floor plans present_ proposed_ elevations (HDC approved ?_)
Listings lot area frontage setbagks GCR parking data
Assessor - certified addressee Yist 4 sets -T--majling labels 2 sets?7-
200 fee payable to Town of Nantucket X proof 'cap' covenant
L an appeal, ask Town Clerk to sent -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 p fury. /
SIGNATURE: � (_ Applicant Attorney /agent X
3(If not owner or owner's attorney, enclose proof of authority)
FOR B OFFICE USE ., P
Application copies ree d: or_ for BOA on� fit) by U S
one copy filed with Town Clerk on-J �Dl /by� complete?
1 II One copy each to Planning Bd and Building Dept�� by
'] $200 fee check given Toyn Treasurer on b waived ?_
Hearing notice posted �imailed/�' I & M.
Hearing(s) on_/�_ coot'd tom_/_, �_/_ withdrawn ?_-J_-J_
Decision due by_/_/_ madeJ/_/_ filed TC_/_/_ mailed-
-/--J-See related cases lawsuits other
j
Application of Dorothy Leichter
Under the provisions of the special permit in 009 -85, the
applicant is permitted to utilize the first floor of her building,
containing 3428 square feet of gross floor area, for retail stores.
The second floor, contains 1440 square feet, is prohibited from
retail use, and is used for commercial storage. (This special
permit preceded the first public notice of the 1985 amendment to
By -law Section 139- 9.B(4) , so these uses do not constitute a
major commercial development in that less than 5000 square feet
of total commercial space is involved.)
The decision in 009 -85 counted total required off - street
parking spaces at seventeen, and waived this requirement down to
three. In fact, as shown upon the enclosed site plan, the
applicant provides four legal parking spaces, the maximum possible
on this parcel.
The applicant requests that the special hermit in 009 -85 be
modified to allow the following changes in use:
1. To convert the second floor, now used for commercial
storage, into two residential apartments.
2. To allow each retail store on the first floor to be
used interchangeably for office or retail space from time to
time.
3. To allow one retail store on the first floor to contain
one take -out food station, provided that no food preparation
shall be allowed upon the premises.
Each of the foregoing uses is permitted as a matter of right
in this Residential- Commercial district. However, any such change
of use requires amendment to the waiver of parking spaces contained
in 009 -85, by special permit pursuant to Section 139 -18.G for
this Core District parcel. The applicant computes the number of
spaces required for present and proposed uses as follows:
Use
Retail stores,
Present Proposed
3428 sq. ft. (or office) 17 17
Employees (up to 3 in each of
4 retail stores, if so used) 4 4
Commercial storage, 1440 sq.ft. 2 -
Dwelling units (2) - 2
Take out food station (1) - 5
Total 23 28
As noted, four spaces are provided, and it is requested that
the number of spaces required for all proposed uses be reduced by
special permit to four.
No exterior changes to the premises are proposed.
I t i IT T71-TTT
t„
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
February 15, 1985
Re: DOROTHY LEICHTER AND MARY L. REITH (009 -85)
Enclosed, please find notice of a decision of the BOARD
OF APPEALS which has this day been filed with the Town
Clerk.
Any appeal from this action shall be made pursuant to
Section 17 of Chapter 40A of the General Laws, and shall
be filed within twenty (20) days after this date.
ARD OF APPEALS
Eileen I. Cahoon, Chairman
TOWN OF NANTUCKET
�. BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
DECISION:
At a Public Hearing of the BOARD OF APPEALS held on MONDAY,
FEBRUARY 4, 1985 at 1: ) p.m., as a continuation of a Public Hearing
begun on FRIDAY, FEBRUARY 1, 1985 in the Town and County Building,
Nantucket, in the matter of the Application of DOROTHY LEICHTER AND
MARY L. REITH (009 -85), the Board finds: ,
1. This is an Application seeking threefold relief from the
provisions of the Nantucket Zoning By -Law; first, the Applicants
seek relief from SECTION 5 (sideline set -back) wherein they seek a
VARIANCE to allow a zero lot line set -back; second, they seek a
VARIANCE from SECTION 5 (ground cover) to allow them 60% ground cover
as opposed to the allowable 50% ground cover; and third, they seek
a SPECIAL PERMIT relieving them from the parking requirements con-
tained in SECTION 6B of the By -Law. Petitioners own the property
known as ISLAND MOTORS located at 8 -10 WASHINGTON STREET, Lot 42.3.1
and zoned RESIDENTIAL - COMMERCIAL, which is in the Downtown District
of Nantucket, and they would like to separate their ownership and
allow each family to do what they want with their respective half
of the property. The only feasible way to divide the property involves
Splitting the building in half and constructing a 12" firewall along
the property line, in accordance with an ANR subdivision , into two
conforming lots, each in excess of 10,000 square feet.
2. Based upon a review of the Application, plans, testimony
and representations at the Hearing, the Board makes the following
findings:
a) The property involved is unique in that the building
on the property, which predates Zoning, runs the entire
length of the property. Because two separate families -
each own fifty percent of the property, it is impossi-
ble to equitably separate the ownership without
violating the side -line setback provision in the
Zoning By -Law. If the Board did not grant this relief,
the Applicants would be forced to tear down all, or a
0069. -85)
-2-
V., .
good portion of the building which in addition to
causing the Applicants serious hardship, would do
nothing to enhance the neighborhood nor further the
spirit and intent of the By -Law.
b) The Applicants' proposed renovations and removal of
the gas pumping operation from the premises are going
to be a major improvement to the appearance of the
neighborhood and will also help to alleviate the
terrible automobile traffic congestion at that loca-
tion in the summertime. Because of the location of this
lot relative to Washington Street, an extremely busy
thoroughfare leading out of the center of Town, and
after reviewing Applicants' plans for renovation of the
property, the Board finds that allowing Applicants to
have 60% ground cover ratio on both lots One and Two
(as shown on Plan drawn by Michael S. Bachman, dated
October a, 1984) will not deviate from the purpose
and intent of the By -Law, will be an improvement to
the neighborhood and will be in harmony with the gen-
eral purposes of the By -Law.
c) Applicants propose to provide five (5) off - street
parking spaces to service the retail establishments
contained on said lots One and Two. Given the fact
that the existing gas station has no parking and often
has cars lined up into Washington Street waiting for
gas, these proposed renovations and five new parking
spaces will help the traffic problem rather than add
to it. The Board can grant the requested parking re-
lief without violating the spirit or intent of the
By -Law.
d) No opposition was voiced at the Hearing. The Planning
Board only recommended against an extra 10% allowable
ground cover.
-3-
• ('009-85)
3. Therefore, the Board, after motion duly made and seconded,
UNANIMOUSLY votes to GRANT the following relief:
a) A VARIANCE from SECTION 5 (side -line setback) to
allow a zero lot line setback for the building as shown
on Plan drawn by Bachman and referred to previously.
this grant is conditioned upon the Applicants' con-
structing a firewall along the property line, said
firewall to conform to all requirements of the MA
Building Code.
b) A VARIANCE allowing Applicants to have up to 60%
ground cover on both lots One and Two as shown on said
Bachman Plan.
c) A SPECIAL PERMIT under SECTION 6B allowing relief
from the parking requirements relating to Lot One
from 17 spaces to 3 spaces; as relates to Lot Two, the
relief is from 15 spaces to 2 spaces both of these
Special Permits are conditioned upon the fact that
neither lot will have any second story or basement
retail space.
February 15, 1985
Nantucket, MA 02554
Eileen I. Cahoon
William R. Sherman
4W 6D�vwt�_ IWA
Linda F. Williams