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Home My WebLink About054-90a 5Lf- 9�n TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: September A g , 1990 To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 054 -90 Owner /Applicant: Brent and Julie Young Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of 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 an 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. inda F. Wi liams, Chairman cc: Town Clerk Planning Board Building Commissioner m TOWN OF NANTUCKET ZONING BOARD OF APPEALS Nantucket, Mass. 02554 Map 054 1 Cherry Street Parcels 377, 377.1 Plan Book 22, page 97 R -C At a Public Hearing of the Zoning Board of Appeals held August 17, 1990, at 1:00 P. M., in the Town and County Building, - Nantucket Massachusetts, on the Application of BRENT and JULIE YOUNG, Application 054 -90, the Zoning Board of Appeals made the following DECISION: 1. Applicants sought an Amendment to the Special Permit (096- 86) dated September 19, 1986, wherein Applicants were granted relief under Section 139 -18E whereby two (2) off - site parking spaces were allowed so as to provide the three (3) spaces required for the 368 SF building. Applicants proposed to provide one of the two spaces on -site and requested an amendment to the Special Permit waiving one (1) space only, or, in the alternative a Variance relative to the one parking space under Section 139 -18 and Section 139- 32. 2. The Board's findings are based upon the Application, a copies of the site plan showing two (2) proposed parking plans, and testimony and representations made at the Public Hearing. 3. As mandated by the Special Permit (096 -86), Applicant has a lease with an abutter for two parking spaces on the abutting property in order to provide the spaces for Applicants' premises as required by the Zoning By -Law. 4. The abutter desires to convey the abutting property and does not want to continue to have the property encumbered by the leases. Applicants' personal situation may require selling the premises. 5. The plans presented by the Applicants showed two possible alternatives for additional parking, one with one (1) additional space meeting the size requirements of the Zoning By -Law, the other with two (2) additional spaces, both undersized. 6. The peak hours of operation of the two businesses served by the parking area were represented to be different, one business having predominantly a breakfast and lunch hour peak, the other"hi§Ang a late afternoon and evening peak. Parking at both businesses is mostly short -term. 7. The proposed additional parking was at the entry /exit side for the only two -way street providing.a means of egress to Orange and Pleasant Streets, both major access roads. 8. The proposed parking was at the only location on the premises available for such spaces and, due to changes in the elevation of the property at the exit, would substantially interfere with visability and the flow of traffic to and from the street. 9. The Board finds that due to the lot shape, size and topography, specifically affecting the lots and buildings thereon, not affecting generally the zoning district, a literal enforcement of the By -Law would involve a substantial hardship for the Applicant, a Variance for the two (2) spaces could be granted without substantial detriment to the public good, without dero- gating from the intent and purpose of the Zoning By -Law, and would be the desirable option for safe operation of the parking area. 10. Therefore, the Board by Unanimous vote, grants a Variance for the two (2) parking spaces under Sections 139 -18 and 139 -32 of the By -Law upon the following condition: no increase of intensity of use or enlargement of the structures upon the lots shall be permitted without further application to and approval by the Zoning Board of Appeals. Employees are encouraged to park in the off -site parking spaces as long as they are available through the lease agreement. 11. The Special Permit (096 -86) shall remain in effect. Date C. Marshall Beale William( R. Sherman Ann Balas /X_ �/ �� A Public held on FRIDAY, County Building, Application of: TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 August 3, 1990 NOTICE Hearing of the ZONING BOARD OF APPEALS will be AUGUST 17, 1990 at 1:00 P.M. in the Town and Federal and Broad Streets, Nantucket, on the BRENT AND JULIE YOUNG Board of Appeals File No. 054 -90 Seeking an Amendment to Special Permit 096 -86 dated 9/19/86 wherein Applicants were granted relief under Section 139 -18E whereby two (2) off -site parking spaces were allowed so as to provide the required three (3) spaces for the 368 SF building. Applicants propose to provide one of these two spaces on -site and request an amendment to the Special Permit waiving one space only or in the alternative, a Variance is sought relative to the one parking space under Section 139 -18 and Section 139 -22. The premises are located at 1 CHERRY STREET, Assessor's Parcel 0055 -377 and 377.1, Plan Book 22, Page 97 and are zoned Residential - Commercial. Linda F. Williams, Chairman BOARD OF APPEALS BOA *Forfn 1 -89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 �� CASE No ��G1__1- APPLICATION FOR RELIEF Owner's name(s): Brent Young and Julie Young Mailing address: Box 474 Nantucket, MA 02554 Applicant's name: Cz AMP Mailing address: same Location of lot: Assessor's map and parcel number 0055- 377.1 Street address: 0 Cherry Street Registry Land Ct Plan, Plan Bk & Pg or Plan File 22,97 Lot 2 Date lot acquired: 4 /_L6/ 85 Deed Ref 228/68 Zoning district R/C Uses on lot - commercial: None — or - number of: dwellings duplex Building date(s) : all pre -8/72? yes or Building Permit appl'n. Nos. apartments 5144 -87 Case Nos. all BOA applications, lawsuits: 096 -86 MCD? No rental rooms C of O? Yes 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 -3 l,, & B _ attach decision or order appealed. OK to attach addendum 2. An Amendment is sought to the Special Permit No. 096 -86 dated 9/19/86 wherein applicants were granted relief under §139 -18E whereby two (2) off -site parking spaces were allowed so as to provide the required three (3) spaces for the 368 SF building. Applicants are now able to provide one of these two spaces on -site and request an amendment to the Special Permit waiving one space only or in the alternative a Variance is sought relative to the one parking space under Section 139 -18 and Section 139 -32. 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 setbacks GCR a T_ parking dat Assessor - certified addressee list 4 sets X ma ling labels 2 sets_g 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 tr e to the best of my knowledge, under the pains and penalties of rj ) / Applicant Attorney /agent SIGNATURE: � -- 3(If not o n r or owne 's attorney, /enclose proof of authority) •I