HomeMy WebLinkAbout069-90-- r
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: December /a , 1990
To: Parties in Interest and.Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.:
Mu me
Owner /Applicant: Max Berry, Trustee of Muffet Realty
Trust
Enclosed is the Decision of the BOARD OF APPEALS which has
this day been filed in the office of the 1�antucket To-,•n
Clerk.
An Appeal from this Decision may be taken pursuant to
Section 17 of Chaoter 40A, .Massachusetts General Lays.
Any action appealing the Decision must be brought bV
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 n-= given
to ttile "'own Clerk so as
t0 e reCei`ved ithin SuC h
(20) days.
cc: Town Clerk
Planning Board
Building Commissioner
r�
BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, MASSACHUSETTS 02554
DECISION:
The BOARD OF APPEALS at a Public Hearing on Friday, November
16, 1990, at 1:00 p.m. at the Town and County Building,
Nantucket, made the following decision on the Application of MAX
N. BERRY, TRUSTEE of MUFFET REALTY TRUST (069 -90) with an
address of 3213 O Street, N.W., Washington, D.C. 20007.
1. Applicant seeks a Special Permit under Section
139 -33(A) of the Zoning Code to expand a pre- existing,
non - conforming commercial structure on the premises in
accordance with the plans prepared for the Applicant by D. Neil
Parent, Designer, entitled "Proposed Addition and Renovations at
15 Washington Street" and dated July 20, 1990, drawing
N0790498 and a Special Permit under sections l39-;8&(z)and 139 -20A
of the Code to waive off- street parking and loading
requirements. The Premises are located at 15 WASHINGTON STREET,
ASSESSOR'S PARCEL 4231 -099, and zoned RESIDENTIAL - COMMERCIAL.
2. Our findings are based upon the application papers,
correspondence, plans, representations and testimony received at
our hearings on October 19, 1990 and November 16, 1990. The
Premises are situated in the Residential- Commercial Zoning
Page One
4 ,
1
District which requires a minimum lot size of 5,000 square feet,
minimum frontage of 40 feet, no frontyard setback requirements
and a 5 foot rear and side setback requirement. Allowable
groundcover is 50% for lots of 5,000 square feet or greater, and
30% for lots less than 5,000 square feet. The subject lot
contains 2,944 square feet and the existing commercial structure
on the lot covers 471 square feet. The existing groundcover is
16 %. The Premises are non - conforming as to minimum lot size
requirements and sideline setback requirements. The Board has
determined that the subject lot retained its separate status for
zoning purposes with a validly non - conforming commercial
building. See Board of Appeals Decision No. 015 -88.
The commercial building on the Premises has been used at
various times as an antique shop, jewelry store, and lamp shop.
The Applicant seeks to expand the commercial structure on the
Premises to the rear of the lot as shown on the plans as filed.
The proposed addition to the structure will increase the
groundcover from 471 square feet to 850 square feet and the
proposed new groundcover ratio will be 28.8 %. The proposed
addition to the structure will comply with all setback
requirements. Off - street parking requirements for the proposed
expansion to 850 square feet of retail space require four (4)
spaces. In addition, one (1) off - street parking space is
required for employees. The proposed addition to the structure
will include additional retail space on the ground floor and
Page Two
approximately 380 square feet of storage space on the second
floor. In addition, the Applicant proposes to provide a
handicap ramp on the premises as shown on the submitted plans
and an off - street parking area 25 feet, 6 inches wide and 20
feet in length.
A private deed restriction prohibits the sale of food and
alcohol on the premises; this deed restriction is recorded in
Book 180, Page 184 at the Nantucket Registry of Deeds. The
Applicant agrees to make this restriction a condition of the
Board's Special Permit relief. In addition, the Applicant
agrees to limit the use of the Premises to one (1) commercial
use and to limit further this use to an office or retail use
which does not generate a high volume of foot and vehicular
traffic, i.e., an antique shop or specialty shop which is in
harmony with the commercial use of the Premises over the past
ten (10) years. The Applicant also seeks a Special Permit
waiving full compliance with off - street parking requirements
pursuant to Section 139 -18B of the By -Law, the screening
requirements set forth in Section 139 -19A of the By -Law and the
off - street loading facility required by Section 139 -20A of the
By -Law.
3. We find that the Applicant's proposed expansion of the
commercial building will be in harmony with the intent and
purpose of the By -Law and will not be substantially more
detrimental to the neighborhood than the existing commercial use
Page Three
of the Premises if the Applicant complies with the conditions to
this grant of Special Permit relief set forth below.
4. For the reasons set forth herein, the Board, by UNANIMOUS
vote, hereby GRANTS the requested SPECIAL PERMIT so as to allow the
expansion of the commercial structure on the Premises, including in
such grant of relief a waiver of off - street parking requirements,
screening requirements, and off - street loading facilities, upon the
following express conditions:
A. The proposed expansion to the commercial structure shall be
constructed in substantial conformity with the submitted plans
(Exhibit "A" attached hereto) and with all necessary local, state
and federal permits;
B. No food or alcohol shall be served or sold from the
Premises;
C. The use of the structure on the Premises shall be limited
to one (1) commercial or residential use at any given time and such
commercial use shall be limited to an office or retail use which
does not generate intense foot or vehicular traffic, i.e., antique
shop, jewelry shop or specialty shop; and
D. The Applicant shall provide a 25 foot, 6 inch wide by20
foot long off - street parking area on the Premises and no screening
of such parking area nor construction of an off - street loading
facility on the Premises shall be required.
Dated: December 1990 ~
Linda F. Williams
Page Four
(069 -90)
Page Five
4,� �
William R. Sherman
C. Marshall Beale
Ann Balas
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
NOTICE
A Public Hearing of the BOARD OF APPEALS will be held on
FRIDAY, OCTOBER 19, 1990 at 1:00 P.M. in the TOWN AND COUNTY
BUILDING, Federal and Broad Streets, Nantucket, on the
Application of:
MAX N. BERRY, TRUSTEE OF MUFFET REALTY TRUST
Board of Appeals File No.: 069 -90
Applicant seeks a SPECIAL PERMIT under SECTION 139 -33A of the
Zoning By -Law to alter or extend a pre- existing non - conforming
use or structure and a SPECIAL PERMIT under SECTION 139 -18B for a
waiver of three (3) off - street parking spaces. Applicant proposes
a two story addition to the rear of the existing building which
is presently non - conforming as to minimum lot size, having 2944
SF in a 5000 SF zone, and sideline setback requirements. The new
addition will be conforming as to setback and ground cover
requirements. Five (5) parking spaces are required and Applicant
proposes to provide 2 off - street spaces, asking for a waiver of
three (3) spaces.
The premises are located at 15 WASHINGTON STREET, Assessor's Mav-
42.3.1, Parcel 99, and are zoned RESIDENTIAL - COMMERCIAL.
- (�4 c�,
Linda F. Williams, Chairm
BOARD OF APPEALS
BOA Form 1 -89 NANTUCKET 7,ONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING Date
NANTUCKET, MA 02554 O C -Y
CASE No 1.
APPLICATION FOR RELIEF
Owner's name(s)• Max N. Berry, Trustee of Muffet Realty Trust
Mailing 'address: 3213 0 Street Washington, D.C. 20007
Applicant's name: same
Mailing address: same
Location of lot: Assessor's map and parcel number 4231 --
Street address:
15 Washington Streett
099
Registry Land Ct Plan, Plan Bk & Pg or Plan File Lot
Date lot acquired:iL_/_Z_/89 Deed Ref 313,43 zoning district R/C
Uses on lot - commercial- ,None _ or MCD? No
- number of: dwellings— duplex— apartments_ rental rooms_
Building date(s): all pre -8/72? yes or
Building Permit appl'n. Nos.
Case Nos. all BOA applications, &[$ 015 -88
C of 0?
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 -33,,
if to alter or extend a nonconforming use). If appeal per 139 -3jA
& B _ attach decision or order appealed. OK to attach addendum .
Th4 Applicant seeks Special Permit relief to expand a pre- existing, non - conforming
commercial building on the Premises and a Special Permit waiving three (3) off - street
parking spaces. See Addendum "A."
Items enclosed as part of this Application: o derl add� ndum2 ✓
Locus mapV Site plan showing present +planned �/ structures
Floor plans present proposed elevation DC approved ?W)
Listings lot area �rontage wetbacks 7GE—R, ing data_
Assessor -certifier- addressee Iist 4 sets mailing labels 2 sets_
200 fee payable to Town of Nantucket proof 'cap' covenant
(If an appeal, ask Town Clerk to sena—Bldg Comr rs 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 perj7K., SIGNATURE• p Attorney/ V/
3 Kevin F Dale, A torney for Max N. Berry, Trustee
(If not owner r owner's attorney, enclose proof of authority)
FOR BOA OFFICE USE /,
Application copies reed: 4 V or_ for BOA on l�• /i by
One copy filed with Town Clerk on��"/ `ay complete?
One copy each to Planning Bd and Building
� Dep;
$200 fee check given Town Treasurer on (./ _y/ GG
Q byXaived ?— ZQ
�v
Hearing notice posted/ V /�/�� mailed
/ I & M��f1�_
Hearing(s) on_/_/_ cont'd to—/ withdrawn ?__/__/__
Decision due by_/ _/_ made _/_ filed TC_/--/_ mailed//_
See related cases
lawsuits _ other
ADDENDUM "A"
The Applicant, Max N. Berry, Trustee of Muffet Realty Trust,
is the owner of the premises situated at 15 Washington Street
and seeks a Special Permit to expand a pre- existing,
non - conforming commercial structure on the premises and a
Special Permit waiving three (3) off - street parking spaces. The
premises are situated in the Residential - Commercial Zoning
District which requires a minimum lot size of 5,000 square feet,
minimum frontage of 40 feet, no frontyard setback requirements
and 5 foot rear and side setback requirements. Allowable ground
cover is 50% for lots of 5,000 square feet or greater and 30%
for lots less than 5,000 square feet-
The subject lot is 2,944 square feet in size and the
commercial structure on the lot covers 471 square feet (16 %).
The premises are non - conforming as to minimum lot size
requirements and sideline setback requirements. This Board has
decided that the subject lot retained its separate status for
zoning purposes, with a validly non - conforming building, and
Lester H. King and Paul Turnberg, Board of Appeals Decision No.
015 -88.
The Applicant seeks a Special Permit pursuant to Section
139 -33(A) of the Zoning By -Law to expand the commercial
structure on the premises to the rear of the lot as shown on the
attached plans. The proposed addition to the structure will
increase the ground cover from 471 square feet to 850 square
feet for a new ground cover of 28.8 %. The proposed addition
will comply with all setback requirements. Off - street parking
requirements for the proposed increase to 850 square feet of
retail space are 4 spaces. One off - street parking space is
required for employees because there will be fewer than 3
employees working in the building. No off - street parking spaces
are required for the 380 square feet of storage space on the
second floor of the proposed structure. The Aplicant can
provide 2 off street parking spaces and a handicap ramp on the
premises as shown on the attached plan.
A private deed restriction prohibits the sale of food and
liquor on the premises. This deed restriction is recorded in
Book 180, Page 184 at the Nantucket Registry of Deeds. The
Applicant agrees that this limitation on commercial use be
included in the Board of Appeals Decision if relief is granted.
The proposed expansion of the commercial structure on the
premises will not be substantially more detrimental to the
neighborhood than the current use of the property. The
Applicant respectfully requests that the Board grant the
requested relief.