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Home My WebLink About042-91DLfj - 47 / 4a�,x7uc�,�,T TOWN OF NANTUCKET o � BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: August a`3 , 1991 To: Parties in Interest and. Others concerned with the Decision of the BOARD. OF APPEALS in the Application of the following: AoDlication No.. 042 -91 Owner/Applicant: MICHAEL SCOTT REALTY CORPORATION Enclosed is the Decision of the BOARD OF APPEALS �: ::_ch has this day been filed in the office of the Nantucket `_'cun C1=_k. An :'.Deal _:o l this Decision may De tar :�n. pursuant .J section 17 of Chapter 40A, Massachusetts Genaral !. =c:_. _'In =-; Ion ...-pealing tlh -a Decision must be i 11 i.Fg 3.a i��i utpl... - .. _:? io __ n i p:? _:: -1 L;c�Iy this days date. Notice of the action with a copy of th,e and certified cony of the Decision must 1e given to the Tcl+n Clerk SC -=s to beA re ei : "=_d : i 2 =.:C (20) QayS. cc: Town Clerk Planning Board Building Commissioner 4 ZONING BOARD OF APPALS TOWN OF NANTUCKET NANTUCKET, MA 02554 DECISION: The Nantucket Board of Appeals, at a public meeting held on Friday, July 12, 1991, at 1:00 P.M. in the Town and County Building, Nantucket, Massachusetts, made the following decision upon the request of Michael Scott Realty Corporation (042 -91), c/o David J. Moretti, Attorney -at -Law, 13 Goldfinch Drive, N.P.P. Suite 64, Nantucket, Massachusetts 02554. 1. Applicant seeks relief by Special Permit pursuant to Section 139 -30A and 139 -18 to allow the alteration and extension of a pre- existing use, non - conforming as to parking and loading, in a pre- existing non - conforming structure and lot, without providing off - street parking on -site. The permission requested is to allow the first and second floors to be used as commercial retail or office space. The basement will remain as storage and a frame shop incidental to one or both of the principal uses in the building. Presently the first floor is used as the "Main Street Gallery ", and the second floor is used only for storage, private office and library and occasionally for private viewings, all incident and accessory to the Main Street Gallery use on the first floor. 2. The premises are - located at 50 Main Street, and shown as Assessor's Map 42.3.1- Parcel 192. The district is zoned Residential - Commercial. 3. Our findings are based upon the application papers, including first and second floor plans, testimony and representations at the hearing. 4. The property historically has had some use of the second floor since as early as the 1950s and 1960s when it served as an accountant's office. At the time of adoption of zoning in 1972, the structural integrity of the building, we are told, prevented any significant use of the second floor by its then owner, Marine Lumber Company (Garden Shop). The structure was restored and the L building sold to Applicant in 1974. Over the years, the natural and ordinary expansion of the gallery use extended to the secon-- floor. Insofar as this was not a chance in kind or_m.oact on the neighborhood, we are satisfied that the current use of the second floor is lawful as a matter of right. We are also satisfied that given the history of use, the gallery is "grandfathered" for eight (8) parking spaces and one (1) loading facility. 5. The extended use will bring with it additional parking requirements, reckoned as follows: basement: 800 +SF (framery /storage) 1 space 1st floor: 1000+ (retail or office) 5 spaces 2nd floor: 800+ (retail or office) 4 spaces employees: max. 4 (first) 1 space max. 4 (second) 1 space Total 12 spaces one loading facility for the building 6. Therefore, as the current use would require eight (8) spaces (including one space for the existing use of the second floor), a waiver of four (4) parking spaces is required. Insofar as compliance with Section 139 -18 would be physically impossible (the building covering all or substantially all of the lot), the application is ripe for relief by Special Permit. Moreover, Applicant has demonstrated, by showing the several uses of second floor spaces in this downtown core area, many with benefit of relief from this Board, and we are convinced that relief in the instant case is in harmony with the general purposes and intent of the zoning by -law, provided certain uses, which we have historically restricted, can be excluded from the relief granted. We also find that the change and /or extension of use proposed will not be substantially more detrimental to the neighborhood than that which presently exists, provided those uses do not include food (including, but not limited to service, retail or preparation) establishments or real estate brokers or sales offices. 7. Accordingly, by majority vote (Leichter, Williams, O'Mara, and Dooley in favor, Beale opposed) this Board GRANTS to Applicant the requested Special Permit for change or expansion of use of the building to include retail and /or office on the first and second floors with storage and /or framing in the basement, incidental or accessory to the principal use or uses on the first and second floors, under Sections 139 -30A and 18, without the the provision of off - street parking, on the CONDITION, that the premises shall not be used for a food establishment or a rea_ estate brokers /sales office. r- Dated: 4 02311 Nantucket, MA 02554 Linda Williams Peter Dooley OPPOSED: G C. Mar hall Beal lee V -f/23/ r 44-eo 61,� 144f X—o" 6 � /C,/" 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: MICHAEL SCOTT REALTY CORPORATION Board of Appeals File No. 042 -91 Applicant is seeking a finding that the proposed change, alteration or extension of a use said to be pre - exisiting and nonconforming will not be substantially more detrimental to the neighborhood than the present use, or Special Permit relief under Section 139 -33A of the Zoning Bylaw to allow the alteration or extension of a nonconforming use, to allow applicant to convert the second floor of the building from its current use for storage and private viewing /office to gallery /retail or office use, while continuing to use the first floor as gallery /retail or office space. In addition, to the extent necessary, applicant requests Special Permit relief under Section 139 -18B from the off - street parking requirements of 139 -18D and a Variance under Section 139 - 32A from the loading area requirements of Section 139 -20. The premises are located at 50 MAIN STREET, Assessor's Map 42.3.1, parcel 192. The property is zoned RC. k4,t / aC Robert J. Leichter, Chairman BOA Form 1 -89 Owner's name(s): Mailing address: Applicant's name: Mailing address: NANTUCKET ZONING BOARD OF APPEALS pate TOWN AND COUNTY BUILDING � ' NANTUCKET, MA 02554 CASE "v_1-s.�- APPLICATION FOR RELIEF MICHAEL SCOTT REALTY CORPORATION 17 Main Street, Nantucket, MA 02554 Same c/o David J. Moretti, N.P.P. Suite 64, Nantucket, MA 02554 Location of lot: Assessor's map and parcel number4231 - 192 Street address: 50 Main Street Registry Land Ct Plan, Plan Bk & Pg or Plan File Lot Date lot acquired: _LY_Lj 74 Deed Ref 147,310 zoning district _ RC MCD? lery Uses on lot - commercial: None — or Gal - - number of: dwellings 0 duplex_ apartments— rental rooms 0 Building date(s): all pre -8/72? x or C of O ?_ Building Permit appl'n. Nos. 114 -75 (General Remodeling) Case Nos. all BOA applications, lawsuits: 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 x if a Special Permit (and 139 -33A if to alter or extend a nonconforming use). If appeal per 139 -3�A attach decision or order appealed. OK to attach addendum . Applicant seeks relief pursuant to Section 139 -32A to allow the alteration or extension of a nonconforming use, including relief from off - street parking and loading requirements under Section 139 -18 and 20; or such other relief as may be necessary by Special Permit or Variance to allow the proposed use. If granted, Applicant will be allowed to convert the second floor of the building from its current use for storage and private viewing /office to gallery /retail or office use, while con- tinuing to use the first floor as gallery /retail or office space. Items enclosed as part of this Application: orders addendum2 Locus map— Site plan_ showing present +planned structi -Te Floor plans present proposed_ elevations (11Dar.kiinc data Listings lot area frontage setbacks_ GCR parking _- Assessor- certif.iea—addressee Y-Ds-t 4 sets maAlinq labels 2 sets_ 200 fee payable to Town of Nantucket proof 'cap' covenant_ (If an appeal, ask Town Clerk to'sena—Bldg 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 an v penalties of pe Fury. SIGNATURE: �/ Applicant Attorney /agent — 3(If not o,ner or ow 's attorney, enclose proof of authority) • U FOR BOA OFFICE USE / Application copies rec d: 4� or_ for BOA One copy filed with Town Clerk on�4 by complete / ?.� One copy each to Planning Dd and Building Dep� (?j Y (i 7 b waived? $200 fee check given Town TTreeasurer on �� rL �:P?/ /�/ Hearin notice poste f mailed r�I & M -J�� (/ / g 11earing(s) on__/__f— cont'd tom_/_, withdrawn ?_-/_/_ Decision due bye_/_ made _/_ filed TC _/__J_ mailed —/, /_ See related cases lawsuits other EXISTING LOT AREA: 1,790± S.F. GROUND COVER: 1,400± S.F. lst FLOOR: Retail /Gallery (1,000± S.F.) 2nd FLOOR: Storage Private Viewing /Office (800 S.F.) BASEMENT: Framery /Storage (800± S.F.) EMPLOYEES: 1 - 3 PARKING: 8 (Req.) Grandfathered 1,790± S.F. 1,400± S.F. Retail /Gallery or Office (1,000± S.F.) Retail /Gallery or Office (800± S.F.) Framery /Storage (800± S.F.) 2 - 6 12