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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.