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Home My WebLink About058-90(05o, �V TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: October 3 , 19 90 To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 058 -90 Owner /Applicant: Thomas F. McAule 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. Y7 Linda F. Williams, Chairman cc: Town Clerk Planning Board Building Commissioner Map 42.3.3 Parcel 179 DECISION: TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 106 Main Street Residential Old Historic At a Public Hearing of the Zoning Board of Appeals held on Friday September 14, 1990 at 1:00 P.M. in the Town and County Building, Nantucket, on the Application of THOMAS F. MCAULEY (058 -90), address, 70 Center Street, Nantucket, MA 02554, the Board made the following Decision: 1. Applicant seeks a Special Permit under Section 139 -33A of the Zoning By -Law to alter a pre- existing, non - conforming use by changing a dry clearing shop to professional office space utilizing 560± of the structure. No parking was provided in the past. At least three (3) spaces were required for the dry- cleaning use. The proposed use would require no more than three (3) spaces. If necessary, Applicant seeks relief from the parking requirements under Section 139 -18G of the Zoning By -Law. 2. The Board's Decision is based upon the Application and accompanying papers and documents, the evidence, oral and documentary presented at the hearing, and four (4) letters in opposition to the requested relief from abutters with no recommendation from the Planning Board. 3. The Applicant's evidence showed that the building pre -dates zoning, as does the commercial use of the premises as a dry - cleaning establishment. The commercial use of the structure was continued until October 6, 1988, when the business was closed. No off - street parking has been provided on the premises. Applicant proposes the professional office for a lawyer, accountant or the like as the sole use of the premises. Conversion of the property to a conforming residential use is represented to e impractical, given the limitations of the site and existing building. 4. The Board finds that (1) the commercial use of the premises is a pre- existing, non - conforming use; (2) that the use has not been abandoned for more than three years; (3) that the proposed use is not substantially more detrimental to the neighborhood than the existing use; (4) that relief from the parking requirements is in harmony with the general purpose and intent of the By -Law and provision of off - street parking is physically impossible or would have a significant and adverse effect upon the scenic and historic_ integrity of the neighborhood. (058 -90) IWO 5. Based upon the findings, the Board, by a unanimous vote, grants the Special Permit under Section 139 -33A, to allow alteration of a pre- existing non - conforming use upon the following conditions: a. the Special Permit is for an alteration of a pre- existing non - conforming use, a dry- cleaning shop, to professional office space for not more than one (1) professional and one (1) employee only; b. the professional office use of the premises shall occupy not more than 560 SF of the building, with the balance of the building available for storage ancillary to the professional office use, otherwise remaining unused; C. any renovation of the professional office use shall be in plans submitted with the Application building. Dated: October 3, 1990 premises for conversion to substantial conformity with the and with no enlargement of the "'0461 Linda F. Williams liam R. nerman obert,.�L-'e�chter Michael O'Mara TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the ZONING BOARD OF APPEALS will be held on FRIDAY, SEPTEMBER 14, 1990 at 1:00 P.M. in the Town and County Building, Federal and Broad Streets, Nantucket, on the Application of: THOMAS F. MCAULEY Board of Appeals File No. 058 -90 Applicant seeks a SPECIAL PERMIT Under SECTION 139 -33A to alter a pre- existing, non - conforming use by changing a dry cleaning shop to professional office space utilizing 560 ± SF of the structure. No parking was possible or provided in the past and at least three (3) spaces were allegedly grandfathered. The proposed use would require no more then 3 spaces and if necessary relief under SECTION.139 -18 is also sought. The premises are located at 106 MAIN STREET, Assessor's Map /Parcel 4233 -179 and zoned RESIDENTIAL -OLD- HISTORIC. 6z,� - Linda F. William , Chairman BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS 8/23/90 TOWN AND COUNTY BUILDING Date NANTUCKET, }IA 0255 CASE No.0 S� -1Q APPLICATION FOR RELIEF Owner's name(s): Thomas F. McAuley Mailing address: 70 Center Street, Nantucket, MA 02554 Applicant's name: Thomas F McAuley - — Mailing address: 70 Center Street Nantucket MA 02554 Location of lot: Assessor's map and parcel number 4233- 1 -79 Street address: 106 Main Street Registry Land Ct Plan Plan Bk & Pg or Plan File Lot Date lot acquired: 196 Deed Ref122 -�03 7oni.ng district ROH Uses on lot - commercial: NI§M _ (W dry cleaning shop MCD? No - number of: dwellings_` duplex_ apartments_ rental rooms_ Building date (s) : all pre -8/72? yes Wt over 100 years C of 0? Yes Building Permit appl'n. Nos. - 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 _k if ,a Special Permit (and 139 -33A X if to alter or extend a noncon orming use). If appeal per 139 -3�A & B _ attach.decision or o der ap ealed. oIC to attach addendum . 3C, 3� Change of ncn- confonningAeamiercial use fran dry cleaning shop to p rofessional office and waiver of an park* requ}rementt�� for the eascn no such s ce available. Section 131) -18 requires three paring spaces Force lot in question. Applicant seeks a waiver of all three spaces. Items enclosed as part of this Application: orderl addendum2 Locus map X Site plan X showing present x +planned ' 'structures Floor plans present x proposed x elevations (HDC aapproved ?_) Listings lot area frontage setbacks GCR parking data Assessor- certifiecTaddressee Mist 4 sets R-- mailing labels 2 setsx_ 200 fee payable to Town of Nantucket X proof 'cap' covenant (If an appeal, ask Town Clerk to sen3 Bldg Comrrs 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 erjury.� 1 �7 L SIGNATURE: .,,,Applicant Attorney /agx6t X 3(If not owner or owner's ayc7rney, enclose proof of authority) FOR BoA OFFICE USE Application copies ree d: 4_ or for BoA on�� by one copy filed with Town Clerk on Fy J [Q by C compl //e��t�e ?A � One copy each to Planning Bd and Building Dept by 5-- $200 fee check given Town Treasurer on�J '� bye waived ?_ Hearing notice posted ��//' C�� mailed � I & M Vky Hearing(s) one_/_ cont'd tom_/_, withdrawn ?__/__/_ Decision due by _j_f_ made_ /__/— filed TC__/__/_ mailed_/ _J_ See related cases lawsuits other