HomeMy WebLinkAbout010-91ot0 -':�7-/
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: March Jr r 19 91
To: Parties in Interest and. Others concerned with the
Decision or the BOARD OF APPEALS in the Application of the
following:
Application No.: 010 -91
Owner /Applicant: Williams_ Reith and Mary L. Reith
Enclosed is the Decision of the BOARD OF APPEALS which has
this day been filed in the office of the Nantucket Town
Clerk. .
An '.J: =al from this Decision may ^.? taken pursuan-- 10
Section 17 of Chapter 'BOA, Macs c husetts General ! ;Wc� -
A. action -•-.pealing t'h12 Decision must be ought by
.i .. /+ ' n .. -_ n T'-^ .,
G S
this day's date. Notice of the action with a co-v O- z1he
com-.D i t and certified copy of the Decision Must be given
t0 n Cler._ so �s �o ba race - :-ed . _
(2C) gay_.
William R�- Sherman, Vicq -Chairman
cc: Town Clerr;
Planning Board
Building Commissioner
DECISION:
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
The Board of Appeals, at
February 15, 1991 at 1:00 P.M.
Nantucket, made the following
William Reith and Mary L. Reith
Street, Nantucket, MA
a Public Hearing held on Friday,
in the Town and County Building,
Decision upon the Application of
(010 -91) address, c/o 8 Washington
1. Applicants raquest a Special Permit under Nantucket Zoning
By -law Section 139 -23A (alteration and expansion of a pre- existing
non- conforming structure), and Section 139- 189!�(relief from Parking
in Core District) to permit the addition of 929 square feet of
second floor storage area to the existing building. The property
is known as 8 (10) Washington Street, Lot 2, Plan File 2E,
Assessor's Map 42.3.1. -142, Zoned Residential Commercial. The
property is currently used as a retail liquor store known as Island
Spirits.
2. Based upon a review
documents, plans and testimony,
expansion would not create any
business of the Applicant. The
should be decreased if a larger
of the Application, supporting
the Board finds that the proposed
change or increase irtbe. existing
number of deliveries to the site
storage area is provided.
3. Special Permit relief may be granted if the Board finds
that the proposed expansion and /or alteration is not substantially
more detrimental to the neighborhood than the existing non-
conforming use.
Special permit relief from the parking requirements may be
granted if the Board finds that the granting of such relief is in
harmony with the general purposes and intent of the By -law and that
the provisions of off - street parking as required by the by -law is
physically impossible or if physically practical would have a
significant and adverse effect on the scenic and historic integrity
of the neighborhood.
4. The Board finds that the proposed uses are permitted under
the zoning by -law, but are non - conforming as to parking
requirements. The proposed expansion and /or alteration is not
substantially more detrimental to the neighborhood than the
existing uses. The Applicant already provides parking in excess
of the spaces required by prior Permit No. 009 -85.
5. The Board finds that Special Permit relief may be granted
pursuant to Section 139- 28 from the requirements of an off - street
loading facility to allow Applicant to use one (1) on site parking
space as a loading facility for deliveries to the site.
6. The Board finds that all of the relief requested may be
granted by special permit upon the following conditions:
1. Six (6) parking spaces shall be located as
SlaouO'n on the attached plan as Exhibit A.
2. One of the above parking spaces shall be a dual use
as an off - street loading facility.
3. The storage trailer shall be removed.
4. There shall be no loading zone designated on Candle
Street.
5. For the reasons and upon the conditions set forth
herein, the Board by a unanimous vote, hereby grants the
Applicant relief pursuant to Sections 139 -33A, 1391 -18B and
139 -28 by Special Permit with respect to 8 Washington Street.
Dated: ' /�?d4_dj _'5_ , 1991
m�
�eer�eo� �%�eh � /99/&�4t
NOTICE
A Public Hearing of the BOARD OF APPEALS will be held at
1:00 P.M., Friday, February 15, 1991, in the Town and.County
Building, Broad Street, Nantucket, Massachusetts, on the
Application of:
WILLIAM REITH and MARY L. REITH
Board of Appeals File No. 010 -91
Applicant is seeking relief by Special Permit under section
139 -33(A) of the Zoning By -Law to alter or expand a pre- existing,
nonconforming structure or use by adding 929 + sq. ft. of storage
space to the second story of an existing building. Applicant is
seeking relief by Special Permit under Section 139 -18(B) from the
parking requirements of Section 139 -18(D) for a waiver of one (1)
space. Under Board of Appeals File 009 -85, Applicant is required
to provide two (2) spaces; Applicant provides six (6) spaces.
Applicant is seeking relief by Special Permit under Section 139-
30 from the requirements of Section 139 -20 (Off- street loading
facilities). See Board of Appeals File 009 -85.
The premises are located at 8 WASHINGTON STREET, Assessor's
Map 42.3.1, parcel 142, as shown�i. Plan File 2 -E, Lot 2. the
property is zoned R -C. / ) /
ert,,I. Veichter, Chairman
BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS 1/ 24 /91
TOWN AND COUNTY BUILDING Date
NANTUCKET, MA 02554
CASE No
APPLICATION FOR RELIEF
Owner's name(s): WILLIAM REITH and MARY L R r H —
Mailing address: 8 Washington Street Nant-urket MassarhuGPttS 02554
Applicant's name: SAME _
Mailing address: SAME —
Location of lot: Assessor's map and parcel number4231 -142
Street address: 8 Washington Street (aka 10)
Registry Fm=dtXd�kXRk=XXRk Kff K N* Plan File 2E Lot 2
Date lot acquired: _2_/j8 /_U Deed Ref226,333 Zoning district R/C
Uses on lot - commercial: None or liquor store MCD ?No
- number of: dwellings 0 duplex 0 apartments rental rooms 0
Building date(s): all pre -8/72? X or renova ions 1984. C of O?
Building Permit appl'n. Nos. 3164 - 84 conversion of garage to liQUor stor(
Case Nos. all BoA applications, lawsuits: 009 -85
State fully all zonincj 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
X if to alter or extend a nonconforming use). If appeal per 139 -3 A
& B , attach decision or order appealed. OK to attach addendum .
SEE ATTACHED ADDENDUM'
Items enclosed as part of this Application: orderl addendum2
Locus map x Site plan x showing present +planned x structures
Floor plans present x proposed x elevations x (HDC approved? x)
Listings lot area x frontage x setbacks x GCR x parking data x
Assessor - certified addressee 1i t 4 sets x mail ni g labels 2 sets x
200 fee payable to Town of.Nantucket proof 'cap' covenant
(If an appeal, ask Town Clerk to send Bldg Comr ss 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 perjury.
SIGNATURE:
Applicant Attorney /agent X
3(If not 94 er or owner's-attorney, enclose proof of authority)
�
Addendum
Applicant proposes to add 929 square feet of storage area to
the second floor of the existing building known as Island Spirits,
situate at 8 Washington Street. Special Permit relief pursuant to
Section 139 S33A is requested to expand or alter a pre- existing,
non - conforming structure or use.
.. Applicant also request Special Permit relief pursuant to
Section 139 S18B for a waiver of one (1) parking space that would
otherwise be required under zoning for the additional storage
space.
The Applicant was previously granted a Special Permit (009-
85) allowing relief from fifteen (15) parking spaces to two (2)
spaces. The Applicant does and will continue to provide six (6)
parking spaces.
The proposed expansion should not create any change or
increase in the pattern of the Applicant's business, and should
decrease the number of deliveries to the site by providing a larger
storage area.
The Board may find that the change, extension or alteration
of the Applicant's pre- existing, non - conforming structure in use
shall not be more substantially non - conforming than the existing
non - conforming use to the neighborhood.
The Board may also find that Special Permit relief from
parking is in harmony with the general purpose and intent of the
zoning by -law and that compliance with the parking requirements
would be physically impossible for Applicant to provide.
Applicant also requests relief from Section 139 S28, Off
Street Loading facilities by Special Permit.
LAW OFFICES
HOLMES, HAYS & FITZGERALD
35 CENTER STREET
NANTUCKET, MASS. 02554
WAYNE F, HOLMES
WILLIAM H. HAYS III
JULIE A. FITZGERALD
January 24, 1991
Mr. Robert Leichter, Chairperson
Board of Appeals
Town and County Building
Nantucket, MA 02554
RE: Application of William Reith and Mary L. Reith
Property: 8 Washington Street
Dear Mr. Leichter:
AREA COCE 617
228 -OC 52
Enclosed for filing, please find the following:
1. Application plus three (3) copies;
2. Certified Abutters List plus three (3) copies;
3. Four (4) copies of the Assessor's Map showing locus;
4. Four (4) copies of the site plan and elevations;
5. Four (4) copies of the zoning analysis;
6. Two (2) sets of mailing labels; and
7. Check in the amount of $200.00.
Kindly place this matter on the agenda for February 15, 1991.
Very truly yours,
Julie A. Fitzgerald
JAF /sdb
Enclosures
cc: Mrs. Joanne M. Holdgate, Town Clerk
Mr. William H. Reith
BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS 1/ 24 /91_
TOWN AND COUNTY BUILDING Date
NANTUCKET, MA 02554
CASE No. - --
APPLICATION FOR RELIEF
Owner's name(s): WILLIAM REITH and MARY L REITH _
Mailing address: 8 Washington Street Nantucket, Massach,,GPttc, 02554
Applicant's name: SAME
Mailing address: SAME
Location of lot: Assessor's map and parcel number4231 -142
Street address: 8 Washington Street (aka 10) _
Registry F&KdX (Zt[XRk=XXIRk *I*a K Mt Plan File 2E Lot 2
Date lot acquired: X18 Deed Ref 226, 333 Zoning district R/C
Uses on lot - commercial: None or liquor store MCD ?No
- number of: dwellings 0 duplex 0 apart:mentso rental rooms 0
Building date(s): all pre -8/72? X or renovations 1984 C of O?
Building Permit appl'n. Nos. 3164 - 84 conversion of garage to liquor stor(
Case Nos. all BoA applications, lawsuits: 009 -85
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
X if to alter or extend a nonconforming use). If appeal per 139 -33A
& B _ , attach decision or order appealed. OK to attach addendum .
SEE ATTACHED ADDENDUM'
Items enclosed as part of this Application: orderl addendum2
Locus map x Site plan x showing present-,K— +planned x structures
Floor plans present x proposed x elevations x (HDC approved? x)
Listings lot area x frontage x setbacks x GCR x parking data _X
Assessor - certifies— addressee list 4 sets x mailing labels 2 sets x
1200 fee payable to Town of.Nantucket proof 'cap' covenant
(If an appeal, ask Town Clerk to sen3 Bldg Comr 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 perjury.
SIGNATURE: -".p X/ Applicant Attorney /agent X
3 (If not
ber or owner's attorney, enclose proof of authority)
Addendum
Applicant proposes to add 929 square feet of storage area to
the second floor of the existing building known as Island Spirits,
situate at 8 Washington Street. Special Permit relief pursuant to
Section 139 S33A is requested to expand or alter a pre- existing,
non - conforming structure or use.
.. Applicant also request Special Permit relief pursuant to
Section 139 S18B for a waiver of one (1) parking space that would
otherwise be required under zoning for the additional storage
space.
The Applicant was previously granted a Special Permit (009-
85) allowing relief from fifteen (15) parking spaces to two (2)
spaces. The Applicant does and will continue to provide six (6)
parking spaces.
The proposed expansion should not create any change or
increase in the pattern of the Applicant's business, and should
decrease the number of deliveries to the site by providing a larger
storage area.
The Board may find that the change, extension or alteration
of the Applicant's pre- existing, non - conforming structure in use
shall not be more substantially non - conforming than the existing
non - conforming use to the neighborhood.
The Board may also find that Special Permit relief from
parking is in harmony with the general purpose and intent of the
zoning by -law and that compliance with the parking requirements
would be physically impossible for Applicant to provide.
Applicant also requests relief from Section 139 S28, Off
Street Loading facilities by Special Permit.