HomeMy WebLinkAbout038-90Form 3 -89
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
June 0� I , 1990
To: Parties in interest and others
concerned with the decision of the
Board of Appeals in Application No. 038 -90
Of: MAP REALTY TRUST PAMELA J. MARKEN 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
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS
Decision:
The Nantucket Board of Appeals, at a public hearing held at
the Town and County Building, Broad and Federal Streets, Nantucket,
on Friday, June 1, 1990, at 1:00 P.M., upon the application of
PAMELA J. MARKEN, as Trustee of MAP REALTY TRUST (038 -90), made
the following DECISION:
1. This is an appeal under Nantucket Zoning By -law Section
139 -31.A from a decision of the Building Commissioner, denying
the applicant's request to include retail space in her building
under construction on the basis that our decision in Case No.
068 -89, granting a special permit to the applicant for storage
and warehousing, implicitly precluded any uses not referenced
therein. In the alternative, the applicant requests a modification
of our special permit in 068 -89, to expressly include retail use
and for the approval of a revised parking plan. The subject
property (the "Locus ") is located at 17 Teasdale Circle (Assessor's
Parcel 69 -68), is shown on Land Court Plan 14342 -P as Lot 51, and
is zoned as Residential Commercial -2.
2. In general, we do not consider that special permit
relief granted by us for a use allowed only by special permit
precludes the property owner from utilizing the same property for
a use permitted as of right, unless some aspect of our decision
expressly prohibits a permitted use as a condition for our grant
of special permit. We did not include any such condition in our
decision in 068 -89, and do not consider that any prohibition of
retail use, permitted in this RC -2 district, is implicit in our
grant of relief in that case. Nor do we consider that the
alteration of the site plan for the Locus, as presented to us in
this case, runs afoul of the express condition of our decision in
068 -89 that the building and exterior improvements to the Locus
be completed substantially in conformity to the plan attached as
Exhibit A to our decision therein.
3. In discussion at our public hearing, one point of concern
was raised with the applicant's new proposed parking plan. In
our decision in 068 -89, we granted variance relief from the
requirement of 20 feet of driveway width under By -law Section
139- 18.F(1) (c), to allow the driveway to the main parking lot to
be 12 feet wide at it entrance. The new parking plan submitted
herewith adds three more spaces to the five shown previously;
furthermore, the proposed retail use will result in a greater
volume of traffic entering and exiting from this parking area
than the storage and warehousing use would alone have indicated.
Therefore, we raised concern as to whether the 12 -foot width
would be adequate. After discussion, the applicant agreed to
A�"
e .
widen the driveway entrance from 12 to 16 feet, and we feel that
such a width is appropriate.
4. In light of this concession by the applicant, we prefer
to treat this application as a request for modification of the
existing special permit rather than as an appeal from the Building
Commissioner's denial letter. Accordingly, the applicant has
withdrawn her appeal by consent with this Board. We modify our
special permit in 068 -89, to incorporate the plan attached hereto
as Exhibit A -1 to replace Exhibit A to our decision therein, and
to recite that it is our understanding, from this application and
the matters presented to us at the public hearing, that the
applicant's intended uses, and the number of parking spaces required
by the by -law for each, are as follows:
Use Parking spaces
Retail sales of food, beverages
and related products, including
about 1,090 square feet of gross
floor area 5
Storage and warehousing
beverages and related
including about 2,230
of gross floor area
Office space, including
square feet of gross
area
One dwelling unit
of food,
products,
square feet
2
about 200
floor
1
1
Up to four employees in the combined
retail, storage and warehousing
operation 1
Total
10
Nothing herein shall prohibit the applicant from varying the
gross floor area of each use, nor from conducting any permitted
use upon the site, so long as the requisite amount of parking
spaces are provided in conformity with the by -law (except as we
have provided variance relief with regard to driveways in our
decision in 068 -89) , and in conformity with the additional conditions
set forth in Paragraph 5 of this Decision.
5. As conditions for the modified special permit hereby
granted, we impose the following requirements, to each of which
the applicant has consented:
(a) Notwithstanding the variance relief granted in
068 -89, the driveway width at its entrance shall be at least 16
-2-
feet wide, as approximately shown upon Exhibit A -1.
(b) The applicant shall plant all areas of open space,
particularly the strip lying betwA the parking area and Teasdale
Circle, with appropriate vegetation.
(c) The building and exterior improvements to the Locus
shall be completed substantially in conformity to the plan attached
hereto as Exhibit A -1.
(d) All provisions of our decision in 068 -89 which are
not herein expressly modified, specifically including the conditions
set forth in Paragraph 7, subparagraphs (a) , (b) and (c) of that
decision, shall be and remain in full force and effect.
6. Accordingly, for the reasons stated and subject to the
foregoing conditions, this Board, by UNANIMOUS vote, grants to
the applicant a Special Permit, modifying the Special Permit
granted under By -law Section 139 -9.B (3) (b) for warehousing and
storage in Case No. 068 -89, as set forth herein.
Dated: �Ti al , (��C�, 1990
ejw /111 /MARKD
Peter F. Dooley
-3-
TOWN OF NANTUCKET
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 PAMELA J. MARKEN, TRUSTEE OF MAP
REALTY TRUST (038 -90) APPEALING from the April 26, 1990, decision of the
Building Commissioner denying Applicant's request to include retail space in
Applicant's building for the sale of food, beverages and related products for
off - premises consumption. In the alternative, Applicant requests a MODIFICA-
TION of its Special Permit (068 -89) to allow 1090 SF of retail_ use and a
correspondingly revised parking plan with 2 additional spaces.
The premises are located at 17 TEASDALE CIRCLE, Assessor's Parcel
69 -68, Land Court Plan 14342 -P, Lot 51, and are zoned RESIDENTIAL - COMMERCIAL -2.
William R. Sherman, Chairman
BOARD OF APPEALS
BoA Form 1 -89 NANTUCKET ZONING HOARD OF APPEALS
TOWN AND COUNTY BUILDING Date
NANTUCKET, MA 02554 051K /)
CASE No . - 1,
APPLICATION FOR RELIEF
Owner's
name(s):
Pamela J Marken, Trustee
of
MAP Realty
Trust _
Mailing
address:
c/o Reade & Alger Professional
Corporation,
6
Young's Way, Nantucket, MP
Applicant's name:
Mailing address:
Same
Location of lot: Assessor's map and parcel number 69 -68
Street address • 17 Teasdale Circle
Re Land Ct Plan, Plan nk. & nn ^r p a" 91 i a 14342 -P Lot 51
l
Date lot acquired: jj _L/ 87 nom= _ , /Cert. 13182 Zoning district RC -2
Uses on lot - commercial. None — or f:etail, warehouse and storagEMCD? No
- number of: dwellings duplex x apartments rental rooms
Building date(s): all pre -8/72? NO or C of 0?-No
Building Permit appl'n. Nos. 7263 -90
Case Nos. all BoA applications, lawsuits: 068 -89;. 010 -88 _
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 noncon.orming use). If appeal per 139 -3 11
& B x , attach decision or order appealed. OK to attach addendum .
Applicant desires to include retail space for the sale.of food, beverages and
related products for off - premises consumption, a permitted use, in her building
under construction,' for which special permit approval was required for storage
and warehousing, granted in Case No. 068 -89. The Building Co,-Missioner has
denied this request on the basis that it was not contained in -the decision in
068 -89. Applicant appeals therefrom and, in the alternative, requests modification
of the special permit in O0 -8 -89 to include retail use and a revised parking plan.
Items enclosed as part of this Application: orderl x addendum2
Locus map x Site plan x showing present +planned structures
Floor plans present x proposed elevations (HDC approved ?_)
Listings lot area frontage setbacks GCR parking data
Assessor - certified addressee ist 4 sets x mast ni g labels 2 sets x
$200 fee payable to Town of Nantucket x proof 'cap' covenant
l(If an appeal, ask Town Clerk to senJ—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 ju Y-/
SIGNATURE: Applicant Attorney /agent x
3(If not owner or owner's attorney, enclose proof of authority)
April 26, 1990
BUILDING DEPARTMENT
Ms. Pamela Marken
Trustee MAP Reality Trust
Box 769
Nantucket, MA 02554
Dear Ms. Markin,
TOWN BUILDING ANNEX
2 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
Telephone 228 -6800 ext. 230
Your application for a Use Permit to change a portion of the structure
currently under construction at 17 Teasdale Road as authorized by
Building Permit #7263 -90, from warehouse to retail has been reviewed and
is hereby Denied.
The plan provided does not bear the stamp of an Engineer supervising the
construction as required by Section 127.2.1 780 CMR State Building Code
Commission.
The plans are not in compliance with Section 315 780 CMR State
Building Code Commission as details on accessibility required by
Section 27 of 521 CMR are not shown.
Building Permit #7263 -90 issued February 21, 1990 for a three thousand
six hundred forty (3,640) square foot produce warehouse with a two
thousand (2,000) square foot apartment above was issued pursuant to
Special Permit (68 -89). There was no mention of any retail space,
ancillary or otherwise, in the Notice of Special Permit or in the grant
of the Special Permit. While retail sales are permitted by right in the
RC -2 zone, that right does not extend to the use of a structure
controlled by a Special Permit. Only the uses specifically listed in
the Notice of Special Permit and subsequently listed in the Grant of
Special Permit may be allowed, to do otherwise would be beyond the scope
of the grant.
Futhermore, as a result of the additional parking requirement for retail
space, the proposed parking plan is not in compliance with Exhibit A of
the decision (68 -89) .
11 Q
Please be advised that you may appeal this decision to the Zoning Board
of Appeals pursuant to 139- 29(D)(1 )(b) of the Code of Nantucket and
Pursuant to Section 126 780 CMR of the State Building Code Commission.
If you have any questions, please feel free to call me directly at
(508) 228 -7222.
Very truly yours,
fantos
Building Commissioner
TOWN OF NANTUCKET