HomeMy WebLinkAbout054-91,�D �SL_[_ gV
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, August 23, 1991, in the Town and County
Building, Broad Street, Nantucket, Massachusetts, on the
Application of:
ROBERT F. MOONEY
Board of Appeals File No. 054 -91
Applicant is seeking a Special Permit under § §139 -33A and
139 -30A of the Zoning Bylaw, or in the alternative a finding that
a proposed change in use of a structure and use, said to be pre-
existing and nonconforming, is not substantially more detrimental
to the neighborhood than the existing use, to allow a change in
use to permit either 1,376+ S.F. of the first floor to be
converted from office to office and /or retail with no more than
four (4) employees at peak shift, with the rest of the building
to retain current uses as offices and apartment, or to permit a
change in use of the first, second and third floors from a single
family unit and offices to a rooming, lodging or guest house with
not more than seven (7) rooms. The structure is said to be
nonconforming as to setbacks, ground cover ratio, height and
parking, and the lot is nonconforming as to area; no exterior
structural changes are planned. In addition, Applicant is seeking
relief by Special Permit under § §139 -18B and 139 -30A from the
requirements of §139 -18D to the extent necessary to allow the
proposed uses, however the proposed uses require fewer spaces
than the existing uses, and the property is alleged to be
grandfathered for 24 spaces.
The premises are located at 22 FEDERAL STREET, Assessor's
Map 42.4.2, parcel 31, as shown on Land Court Plan 37,392A, Lot
1. The property is zoned RC.
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414,A-
Robert J. Ieychter, Chairman
arc A'a r"
BOA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS Dcite
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02559 CASE NOO,7-!L
APPLICATION FOR RELIEF
Owner's name(s): Robert. P- nay
Mailing address: 22 Federal
Strgapt-
Applicant's name: Robert F. Mooney
Mailing address: 22 Federal Street
Location of lot: Assessor's map and parcel number 42A2-- -41
Street address: 22 Federal Street
Registry Land Ct Plan, 37392A Loth_
Date lot acquired: x_/72 Deed Ref 5789 Zoning district
Uses on lot - commercial: None _ or Offices and Shops 14CD? rjn
number of: dwellings duplex_ apartments 1 rental rooms__
Building date(s): all pre -8/72? Y-M_ Or ` "` "' --
Building Permit appl'n. Nos.
,Case Nos. all BoA applications, lawsuits: NONE
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
if t6—alter or extend a noncon 2.
forming use). If appeal per 133 -3
attach decision or order appealed. OK to attach addendum1.
See Addendum Attached
Items enclosed as part of this Application: orderl addendum2 X
Locus map x Site plan_ showing present_ -1- planned structures
Floor plans presenter proposed_ elevations (HDC a pproved?_)
Listings lot- area frontage �_ set-backs x GCR parking data
Assessor - certified addressee last 4 sets_ ma�.lang labels 2 sets
51200 fee payable to Town of Nantucket X proof 'cap' covenant _
(If an appeal, ask 'Town Cleric to send 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 and
penalties of per'ury.
SIGNATURE: Applicant / Attorney /agent —
3(If not owner or owner's torney, enclose proof of authority)
FOR BoA OFFICE USE
Application copies reed: 4 f or for BoA on_ 7 �� by
One copy filed with Town clerk �l , complete? Q=P
One copy each to Planning Bd and Buildin Dept��q� by
Oil —J by waived?
$200 fee check given r- Town Treasurer pp —
Hearing notice posted/Z!/?-/ mailed -fj�-r/?/ I &
Hearing(s) on_/_/_ cont'd tom_ -_/_, withdrawn ?_-j--j_
Decision due by,/-__/_, made _j_f_ filed TC__/__/_ mailed_/_
See related cases lawsuits other _
.'Jule �1
RO -ZERT F.
Add: ndum to Foa_d cf A Beals file No. y'� � -91
Applicant seeks a Special Permit under Section 139 -33A to al_c-,;
change in use of 1,376 square feet of the first floor of a pre-
existing nonconforming structure from office to office and retail
with no more than 4 peak shift employees between the two uses on
that floor. The existing use of the structure and number of
parking spaces required pre -date zoning. The number of parking
spaces for the existing use fo the first floor are equal to the
number of spaces for the proposed use.
Applicant also seeks a Special Permit to allow a change in use of
the first and second floor from single family unit and offices to
rooming, lodging or guest house (which requires less parking
spaces than the number of spaces of the pre - exisitng use).
Applicant also seeks relief under Section 139 -18(B) for waiver of
off street parking spaces required under 139- 18(D). Four off
street parking spaces exist. No structural changes are proposed.
Building dates to 1847 and is located in Residential /Commercial
zoning district.
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TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
Nantucket, Mass. 02554
.4,ye,rr,- �2�dd�
To: Parties in Interest and Others concerned with the Decision
of the BOARD OF APPEALS in the Application of the following:
Application No. 054 -91
Owner /Applicant: ROBERT F. MOONEY
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 Clerk so as to be
received within such TWENTY (20) Jays. P
Date:
rt J. j4ichter, Chairman
cc: Town Clerk
Planning Board
Building Commissioner
ZONING BOARD OF APPEALS
South Beach Street
Nantucket, Mass. 02554
Map 42 -4 -2 22 Federal Street
Parcel 31 L. C. Cert. 6,789
RC
At a Public Hearing of the BOARD OF APPEALS held at 1:00
P.M., Friday, August 23, 1991, in the Town and County Building,
Broad Street, Nantucket, Massachusetts, on the Application of
ROBERT F. MOONEY, of 22 Federal Street, Nantucket, Mass. 02554,
Board of Appeals File No. 054 -91, the Board made the following
DECISION:
1. Applicant is seeking a Special Permit under § §139 -33A and
139 -30A of the Zoning Bylaw, or in the alternative a finding that
a proposed change in use of a structure and use, said to be pre-
existing and nonconforming, is not substantially more detrimental
to the neighborhood than the existing use, to allow a change in
use to permit either 1,376+ S.F. of the first floor to be
converted from office to office and /or retail with no more than
four (4) employees at peak shift, with the rest of the building
to retain current uses as offices and apartment, or to permit a
change in use of the first, second and third floors from a single
family unit and offices to a rooming, lodging or guest house with
not more than seven (7) rooms. The structure is said to be
nonconforming as to setbacks, ground cover ratio, height and
parking, and the lot is nonconforming as to area; no exterior
structural changes are planned. In addition, Applicant is seeking
relief by Special Permit under § §139 -18B and 139 -30A from the
requirements of §139 -18D to the extent necessary to allow the
proposed uses, however the proposed uses require fewer spaces
than the existing uses, and the property is alleged to be
grandfathered for 24 spaces. The premises are located at 22
FEDERAL STREET, Assessor's Map 42.4.2, parcel 31, as shown on
Land Court Plan 37,392A, Lot 1. The property is zoned RC.
2. The Board's Decision is based upon the Application and
materials submitted therewith, the testimony and evidence
presented at the hearing, and a favorable recommendation from the
Planning Board.
3. Applicant presented evidence that the building was in use as
a rooming house in January, 1972, having six (6) rooms plus the
basement used ancillary thereto, with the third floor used as an
apartment for one (1) person. Prior to the adoption of zoning,
the uses were changed to retail in the basement, offices on the
first and second floors, and the apartment retained on the third
floor, and those uses have continued to the present.
4. Since 1972, and at present, the uses in the building are a
960± S.F. retail store in the basement with two (2) employees at
Application No. 054 -91 Decision
peak shift, 1,376± S.F. of office space on the first floor with
nine (9) employees, 899± S.F. of office space on the second floor
with nine (9) employees, and a 770± S.F. apartment on the third
floor. According to Applicant's computations, the building is
grandfathered for twenty -four (24) parking spaces, and there are
actually four (4) spaces provided on the lot.
5. Applicant presented plans for two alternative uses for the
premises in either of which the retail useiothe basement would be
retained, with either the first floor converted to mixed office
and retail use with not more than four (4) employees, and the
uses on the second and third floors to remain unchanged, or, in
the alternative, all three (3) floors above the basement would be
converted to a guest house with not more than seven (7) rooms.
6. Under the first alternative, the total parking for the uses
on the premises would be nineteen (19), computed as follows:
Basement - retail - 960 S.F., 2 -4 employees = 6
First floor - office /retail - 1,376 S.F., 2 -4 emp. = 8
Second floor - office - 899 S.F. = 4
Third floor - apartment = 1
TOTAL 19
7. Under the second alternative, the total parking for the uses
on the premises would be eleven (11), computed as follows:
Basement - retail - 960 S.F., 2 -4 employees = 6
Guest house - 7 rooms = 5
TOTAL 11
8. Applicant accepts that, if the premises are converted to
guest house use as allowed under the second alternative proposal,
that would constitute an abandonment of the uses presently on the
premises and the grandfathering of the parking spaces required
for said uses, and those uses could not subsequently be resumed
without appropriate parking relief from this Board for the
additional spaces which would be required over those
Under the current Bylaw, §139 -18D, the premises would be
grandfathered for parking as follows:
Basement - retail (1/200 S.F. + 1/3 employees) = 6
960 S.F. retail (5), 2 -4 employees (1)
First floor - office (1/200 S.F.) = 7
1,376 S.F. office (7)
Second floor - office (1/200 S.F.) = 4
899 S.F. office
Third floor - apartment = 1
TOTAL 18
2
Application No. 054 -91
Decision
grandfathered under the guest house use then being made of the
premises.
9. The Board finds that the proposed uses on the premises will
not be substantially more detrimental to the neighborhood than
the existing uses.
10. The Board finds that the structure is within the Core
District and granting relief by Special Permit from the parking
requirements of §139 -18D is in harmony with the general purposes
and intent of the Bylaw and that compliance with the requirements
would be physically impossible or would have a significant and
adverse effect on the scenic or historic integrity of the
neighborhood.
11. By unanimous vote (Leichter, Williams, Beale, O'Mara and
Dooley in favor) the Board GRANTS the relief requested by Special
Permit under § §139- 18B(2), 139 -30A and 139 -33A to allow a change
in use to permit either 1,376+ S.F. of the first floor to be
converted from office to office and /or retail with no more than
four (4) employees at peak shift, with the rest of the building
to retain current uses as offices and apartment, or to permit a
change in use of the first, second and third floors from a single
family unit and offices to a rooming, lodging or guest house with
not more than seven (7) rooms, and such parking relief 0 spa(!e)undeX
§139- 18B(2) as may be required by the proposed uses on the
premises, upon the following conditions:
A. Applicant accepts the provisions of paragraph 8 of this
Decision;
B. No food service use of the retail portions of the premises;
C. If the premises are converted to guest house use, Applicant
shall obtain a duly issued Guest House Permit from the Town,
install and maintain such fire alarm and safgfy systems as
may be required by state and logo rg4es a, egulations.
Date: A C7\10/ [ 9q1
c
3
rt1j. Leichter
C. Mar hall Beal