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HomeMy WebLinkAbout069-90-- r o &4? -�o 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.