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HomeMy WebLinkAbout041-90A . Form 3 -89 TOWN OF NANTUCKET C /-+ 1- �Ft�D 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. _"L-_9_0 of: JOSEPH S. AND LINDA REZENDES 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. Linda F. Williams, Chairman cc: Town Clerk Planning Board Building Commissioner h- TOWN OF NANTUCKET ZONING BOARD OF APPEALS Nantucket, Mass. 02554 Map 55 8 Hooper Farm Road Parcel 209 Plan Book 15, Page 123 R -10 Lot 8 At a public meeting on Friday, July 13, 1990, at 1:00 P.M. in the Town and County Building, Nantucket, on the Application (0041 -90) of JOSEPH S. and LINDA REZENDES seeking a Special Permit under Section 139 -8B(2) to convert their existing backyard cottage into a neighborhood service establishment, namely a beauty shop, with four (4) off - street parking spaces at the driveway along the Ramos Court side lot line. Applicants requested a Variance, if necessary, from the requirements of Sections 139- 18F(1)(c) and 139- 18F(1)(a) of the By -Law, relating to the separation between driveways and backing out for parking areas for five (5) or more motor vehicles, to allow the new driveway to be sited approximately 35 feet from the existing residential driveway and to permit the existing residential driveway to remain designed for backing out onto the street, the Nantucket Zoning Board of Appeals made the following DECISION: 1. The Applicants presented a map of the proposed changes, showing a parking area for four (4) motor vehicles adjacent to tYie- 6h.4sncottage, as required, and one (1) pre- existing space adjacent to the eAtial dwelling on the prefiisesone etc,( 3 empIvYeeS a►�acl 3 dl9d' �u Cei,o c a� en ttinQ to c� 2. The Applicants stated that the driveway for the house pre- dated the present zoning restriction against spaces backing out onto the street, and no change in that situation was planned. 3. Testimony indicated that the proposed use was in harmony with the area, and there were four (4) letters presented in support of the Applicants' plans, none opposed. 4. The Board found that because the proposed use is in harmony with and would not be substantially more detrimental to the area than other uses already present in the area, the Board, unanimously, voted to grant the Special Permit under Section 139 -8B(2) for conversion of the cottage to a beauty shop on the condition that no use be made which would require more than the four (4) parking spaces to be provided as per the Applicants' plans. 5. The Applicants' request for a Variance was unanimously denied as unnecessary upon the facts presented in that the parking required for the entire commercial portion of the project was for four (4) vehicles only, and the fifth space, which arguably could have brought the project within the requirements of Sections 139- 18F(1)(c) and 139- 18F(1)(a) of the By -Law, was M for the residence only, was separate from the commercial spaces, and pre- existed the present requirements. Date ��%� i'� a2 19 0. f nda F. Willi4 s ert J .- ,-Lachter U Dale Waine �-� (t ' l t / William R. Sherman <.4 A -�v & ALAN.M. C. Ma IV hall Beale TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, JULY 13, 1990 at 1:00 P.M. in the Town and County Building, Federal and Broad Streets, Nantucket, on the Application of JOSEPH S. AND LINDA REZENDES (091 -90) seeking a SPECIAL PERMIT under SECTION 139 -8B(2) to convert their existing backyard cottage into a neighborhood services establishment, namely a beauty shop, with 4 off - street parking spaces at the end of a driveway along the Ramos Court side lot line. If the Permit is granted, VARIANCE relief is also sought if needed, to allow the new driveway to be spaced about 35 feet from the existing residential driveway, not the 100 feet of SECTION 139- 18F1(c), and the existing residential parking area to remain designed for backing out where SECTION 139- 18F1(a) bans backing out of parking areas for 5 or more cars. The premises are located at 8 HOOPER FARM ROAD, Assessor's Parcel 55 -209, Lot 8 at Page 123 of Plan Book 15 and zoned RESIDENTIAL -10. William R. Sherman, Chairman BOARD OF APPEALS BOA Form 1-89 NANTUCKET ZONING DOARD OF APPEALS TOWN AND COUNTY DUILDIIIG Date NANTUCKET, :MA 02554 CAGE APPLICATION FOR _Rj.!T­,T-_E7F Joseph S. and-Linda Rezondes Owner's name(s): Mailing address: 8 Hooper. Farm Road NanLucket, Ma. 02554 Linda Rezendes Applicant's name: Mailing address: 8 Iloopej: Farm Ro-A Nuntuck,^t Ma. 02554 Location of lot: Assessor's map and parcel nu-,,-:bo-,: 55_- 209 Street address: 8 Hooper Farm Road 02554 Registry Land Ct Plan, Plan Bik. & Pg or Plan File. Lot Date lot acquired:6 A. -.,ning disLrict __J2.61 68 Deed r-,e_�132,1_r;)-2Q0 Uses on lot - commercial: None or MCD? number of: dwellings 2 duplex ar partments rental rooms Building date (s) : all pre-8/72Z24'-L1:._ or C of 0? Building Permit appl1:1. Nos. Case Nos. all DoA applications, lawsuit -s: State fully all zoninq relief sought anci sections and subsections, specifically what- you coinpared to present and what grounds you urge for DoA to na}-,42 (2,,.ch I, ',.ndiritj per Section 139-32A if Variance, 139--3011,, if a ­.pecic:l 1't-,md 139-33A if to alter or extend a nonco o'- "ncf If appeal. per 139-31.A a Ta I . 2- & B attach decision or order appealed. ()K to attach addendun. Variance from 139-18-F (A) Backing into the street Variance from 139-18-F (C) Two drive ways within 100 foot frontage Apply for a special permit 139-8-B (2).Neighborhood Services Establishment a Beauty Shop. Items enclosed is part of this Application: order]• addcndum2 Locus map. X Site plan X showing present 'r.loor plans present f)_roporod CICV.­,"7.1.0ill; 1-.T)*,-,170%r1!d?__,__) Listing.; 10U. area, f ro n t.,-,.cjc ITT-t Al 0 0 J. fue payable to Town of (If an appeal, ask Town Clerk to B1 d0i Culi, 1." reco;_d t-0 BoA.) I r e ru2­1 I ccrti.f, th the _q :01 in an -he I)c-;'- of- -,u% i,, cr.;'L c ti complete and '%.'rue to penalties of -.rj u.-,:y SIC NATURE: P, A -,,/, - /z 7 -).1 i c t -.2 It 7 - 4-,A. 3(if not 0% rjr I, - ow;)�r or o;: C, i _C" 1, C; 3L_ A 'A F02. T3c,-j OFFICT-' i7:? 14,1 j I am requesting a speical permit under .139 - -8 B r2) A neighborhood services establishment. I would like to change a cottage in my back yard to a beauty strop. The present shop is located at 117 Pleasent Street. The lease is up for renewal and with the increase in rent and the increase cost of utilities it will not be a cost effective for me to continue to operate at the present location. The proposed building has a floor space of 624 square feet and would require three (3) parking spaces for customers and one (1) parking space for every three employees fore a total of four (4) spaces. There- is ample space between the property line and my home to put in the required 20 foot wide road. We have owned this property since 1968 and is now zoned R 10. The property is boarded to the East by the residents of George and Anita Rezendes, to the South the property of B &M distributors and to the West by Ramos Court and the property of Edmund and MaryEllen Ramos I have spoken with nay three (3) neighbors whose property abufS mine and they do not foresee any problems. There are other commercial enterprises in the area,Ramos plumbing and _,gas to the West, to the south B & M distributors abuts my property and in the area is a Carpenter shop; a mason and taxi business _rust to narile a few. I am requesting a variance under 139- 1QFI(c) to allow t_wo (11-.ive ways within 100 feet of each other- The separation between the two would be about 35 feet. I would also request relief by variance under 139 -18 -F 1 (a) to allow backing out into the street for the 1 space required for the principle dwelling unit. As we have done since 1971 prior to zoning. If you have any question please do not hesitate to call me)m,v telephone numbers are work 228-4422 and home 228-9351, I will be present at the meeting hopefully to answer any questions. Thank you for your time in this matter. Sincerely , Linda K. Re ^endes