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Home My WebLink About039-91TOWN OF NANTUCKET BOARD OF APPEALS Nantucket, Mass. 02554 To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. 039 -91 Owner /Applicant: WALTER GLOWACKI, DAVID D. GLOWACKI, GREG W. GLOWACKI, and KIM GLOWACKI 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 a Complaint in court within TWENTY (20) days after this day's date. Notice of the action with a copy of the Complaint and a certified copy of the Decision must be given to the Town /� lerk so as to be received within such TWENTY (20) dvs. ,n , // r MF.: -� - - cc: Town Clerk Planning Board Building Commissioner ZONING BOARD OF APPEALS South Beach Street Nantucket, Mass. 02554 Map 42 -3 -4 39 Washington Street Parcel 34 RC At a Public Hearing of the BOARD OF APPEALS held at 1:00 P.M., Friday, June 14, 1991, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of WALTER GLOWACKI, DAVID D. GLOWACKI, GREG W. GLOWACKI, and KIM GLOWACKI, of Old South Road, Nantucket, Mass. 02554, Board of Appeals File No. 039 -91, the Board made the following DECISION: 1. Applicants are seeking a finding that a proposed use as a retail shop of an allegedly pre- existing, nonconforming structure, a garage, will not be substantially more detrimental to the neighborhood than the existing use of the structure. The structure is said to be nonconforming as to sideline setback. No structural changes are proposed. See BOA File No. 031 -91. The premises are located at 39 WASHINGTON STREET, Assessor's Map 42.3.4, parcel 34. The property is zoned RC. 2. Our decision is based upon the application and documents filed therewith, the testimony and evidence presented at the hearing, and a favorable recommendation from the Planning Board. 3. Applicants presented evidence that the structure had been used as a retail store within the past three (3) years, and that the use had ceased, but not been abandoned, since that time, and evidence that the structure had been in its present location since before the enactment of zoning. 4. Applicant stated that the intended use is for retail sales of items related to local beach and marine uses with hours of operation between 8:00 A.M. and 6:00 P.M., daily with three (3) or fewer employees at peak shift. The other building on the premises is currently used as a residence. 5. The Board finds that the proposed use of the garage for retail sales is not substantially more detrimental to the neighborhood than the existing use upon compliance with the following conditions: A. The hours of operation shall not be between 6:00 P.M. and 8:00 A.M., B. Parking and off - street loading facilities be provided complying with the requirements of §§ 139 -18 and 20, respectively, be provided, and a plan therefor be submitted to the Board, a copy of which plan is appended hereto as EXHIBIT A. 6. By unanimous vote, the specified in paragraph 1 of specified in paragraph 5 A Date: c Linda F. Williams *,//? &b� Ann Balas Board GRANTS the relief requested as this DECISION upon the conditions and B. C. Marshall Beale Kate Mitchell ZONING BOARD OF APPEALS South Beach Street Nantucket, Mass. 02554 NOTICE A Public Hearing of the BOARD OF APPEALS will be held at 1:00 P.M., Friday, June 14, 1991, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of: WALTER GLOWACKI, DAVID D. GLOWACKI, GREG W. GLOWACKI, and KIM GLOWACKI Board of Appeals File No. 039 -91 Applicant is seeking a finding that a proposed use as a retail shop of an allegedly pre- existing, nonconforming structure, a garage, will not be substantially more detrimental to the neighborhood than the existing use of the structure. The structure is said to be nonconforming as to sideline setback. No structural changes are proposed. See BOA File No. 031 -91. The premises are located at 39 WASHINGTON STREET, Assessor's Map 42.3.4, parcel 34. The property is zoned RC. /� e,, � -� ff, , c Robert J. Lei ter, Chairman BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 —� CASE No*Q3 0 APPLICATION FOR RELIEF Owner's name(s) : Gi0 nr- lavid D. 00WK6 , Cirt-f1 W GtaonCk-I V-11V1 UL Mailing address: lip (D.K u NA)�CTIX nl � Applicant's name:J,17f1 PnnC G'idCW-S Mailing address: TO. 0,a � _ Nfi, M).0 -L1 ME 62754 _ Location of lot: Assessor's map and parcel number _- 42 . 2. 3 31 street address: 32 wpshijiCton Wccl Registry Land Ct Plan, Plan Bk & Pg or Plan File q .2 . 3 -3ol Lot Date lot acquired: q �� Deed Ref l(�, Zoning district Uses on lot - commercial: None — or _ MCD ?_ - number of: dwellings I duplex_ apartments_ rental rooms_ Building dates) : all pre -8/72? _ or gl3ol M A- 10 I U C of O ?_ Building Permit appl'n. Nos. Case Nos. all BoA applications, lawsuits: (O state fully all zoninej relief sought and respective Code sections and subsections, spec:Lfical.ly what you propo:;e 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 -3:sA if to alter or extend a nonconforming use). If app(�al. per 1.39 -3S A & II _ , attach decision or order appealed. OK to attach addendum . / r i Items enclosed as part of this Application: order.l _ addendum'' Locus map_ Site plan— showing present _ +planned structure:; Floor plans present proposed_ elevations (IiDC approved?_) Listings lot area present-- setbacks parking data_ Assessor - certified addressee List 4 sets malli►g labels 2 set 200 fee payable to Town of Nantucket: proof _'cap' covenant (If an appeal, ask Town Clerk to send 1fldg Comr's 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 3(If not owner or owner's attorney, enclose proof of authority) FOR BoA OFFICE USE Application copies reed: 4 "or for BoA on -5- �/ ��' by One copy filed with Town Clerk on � /�� bY� complete? C� One copy each to Planning Iid and Building Dopt=�JZeff by CAC)— $200 fee check given Town Treasurer. on�k�K waived•'- - Hearing notice posted mailed -3,/ /1I & Ilearing(s) on_/__/_ cont'd to —/_/__, _/__/_ withdrawn ?_J__J_ Decision due bye_/` made _J_,_ filed TC__/_/_ mailed__/__J_ See related cases lawsuits oti- April 23, 1991 Re: 39 Washington Street map /parcel 42.2.3/34 To whom it may concern: We the undersigned grant permission to Lori Anne Geddes to act as our agent at the Nantucket Zoning Board of Appeals. Walter lowacki Dav d D. Glowacki 41�Le� Cy o�l��,c►_�.� Gyre . Glowacki a I:im Glowacki s.";'t "'''f:?iw�•i.{tn...,f �s!:: 1f.�..^v.-. {4,Rj(P.... ,y .�.;..:- ``Y`;fi.,f�!y�,i4 ,y',.. M ,j i