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Home My WebLink About060-91TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: September, 2-7 1991 ., , . To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 060 -90 Xyu-t /C_k.CC� U�QC��% Owner /Applicant: ROBERT E. TONKIN AND DOROTHY B. TONKIN Enclosed is the Decision of the 30ARD 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 ^OA, :` assachusetts General Laws. Any =---t-ion appealing th-e D%a cisi on must b e b,- u gnt by 1 -- TT _ 1 1 J v� L _ L �''t T: yT T. ", t . S !. n L �11a :•� 'an {�Omo1 a1__ -�1 co L:r . n1 thin TIt�. \t1 ( 0) 'dates ai1'v Sr this day's date. Notice of the action with a copy of the comDlai. ^.t an^. certified copy of the Decision must be given to the Town Clerk so •_•a to be received 1 111n Such (20) days. , -J.' le4ichter, Chairman cc: Town Clerk Planning Board Building Commissioner ZONING BOARD OF APPEALS South Beach Street Nantucket, Massachusetts 02554 Map 69 5 Teasdale Circle Parcel 74 L.C. Plan 14,342 -P RC -2 At a Public Hearing of the Board of Appeals held at 1:00 p.m. Friday, September 13, 1991, in the Town and County Building, Broad Street, Nantucket, Massachusetts on the Application of Robert E. Tonkin and Dorothy B. Tonkin of Quarter Mile Hill, Nantucket, Massachusetts 02554, Board of Appeals File No. 060 -90, the Board made the following DECISION: 1) Applicant is seeking Modification under 139 -30A of an existing Special Permit issued in Board of Appeals File No. 052 -90 to allow 165+ square feet of the existing warehouse space for "casual retail" use which will allow Applicant to bring retail customers to the building. There will be no advertising of the location nor will there be any invitation to the public to the site. No waiver of parking is requested. The premises are located at 5 Teasdale Circle, Assessor's Map 69, Parcel 74 and shown on Land Court Plan 14,342 -P as Lot 57. The property is zoned RC -2. 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) At present, this 3,900 square foot building is being used for warehousing and storage in accordance with the Special Permit issued on September 13, 1990. 4) Applicant is requesting the Board to modify the existing Special Permit to allow a 165+ square foot area of the warehouse for "casual retail" as first introduced in the Decision of Jeffrey G. Brooks and Milton C. Rowland, Trustees of J.A.M. Realty Trust as owners and Elizabeth S. Sibley and Robert J. Liddle as contract purchasers (29 -90). "Casual retail" has been defined as no public invitation which includes no-advertising, nor signage. However, retail sales will be allowed on an ancillary, limited basis. 5) There was no opposition to the request, and it was noted by Board members that other retail establishments exist in this area. 6) The Board finds that the proposed use of "casual retail" in 165+ square feet of the existing warehouse space will not be substantially more detrimental to the neighborhood than the previous use and that it is in harmony with the general purposes and intent of the By -Law. 7) By unanimous vote (Leichter, Williams, Dooley, Balas and Waine) the Board grants the Modification of the Special Permit under 139 -30A allowing 165+ square feet of the existing warehouse space to be used as "casual retail ". YOA6)_ Ann Balas Peter Dooley 1 a e a i n e 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, September 13, 1991, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of: ROBERT E. TONKIN and DOROTHY B. TONKIN, d /b /a TONKIN OF NANTUCKET Board of Appeals File No. 060 -91 Applicant is seeking Modification under §139 -30A of an existing Special Permit issued in BOA File No. 052 -90 to allow use of 165± S.F. of the existing warehouse space for "casual retail" use, which will allow the Applicant to bring retail customers to the building. There will be no advertising of the location nor will there be any invitation to the public to the site. No waiver of parking is requested. See BOA File No. 052- 90. The premises are located at 5 TEASDALE CIRCLE, Assessor's Map 69, parcel 74, as shown on Land Court Plan 14,342 -P, Lot 57 The property is zoned RC -2. C Robert J. I,6jchter, Chairman BOA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 CASE No rL n APPLICATION FOR RELIEF Owner's name(s): Robert E. Tonkin and Dorothy B. Tonkin d /b /a Tonkin of Nantucket Maif ing address: 33 Main Street, Nantucket, Massachusetts 02554 Applicant's name: Mailing address: Location of lot: Assessor's map and parcel number 69 -..074 Street address: 5 Teasdale Circle Registry Land Ct Plan, ciycsBd�xfcx3gxc83xB }yC 14342 -P Lot 57 Date lot acquired: 07 29 8 Deed Ref Document No. L_/ —/b 445,24 Zoning district R� -2 Uses on lot - commercial: None _ or MCD? - number of: dwellings) duplex_ apartments_ rental rooms_ Building date(s): all pre -8/72? no or C of O ?yps Building Permit appl'n. Nos. 6747 -89 Case Nos. all BOA applications, lawsuits: 052 -90 State fully all zoning relief sought and respective Code sections and subsections, specifical.ly 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 to alter or extend a non con & B forming use). If appeal per 139 -3JA ,_ , attach decision or order appealed. OK to attach addendum 2. Applicant seeks a modification of the existing Special Permit dated September 13, 1990 (052 -90) allowing use of 165 square feet of the existing warehouse space for use as "casual retail" which will allow applicant to bring occasional retail customers to this building. There will be no advertising nor will there be any public invitation. No waiver of parking is requested. The premises are located at 5 Teasdale Circle and the zoning district is RC -2. Items enclosed as part of this Application: order.l addendum2 Locus map_ Site plan` showing present •~plan ned structures Floor plans present proposed elevations (IiDC approved ?_) Listings lot area frontage setbacks GCR parking data Assessor- certifieJ7,addressee Mist 4 sets x maA-li►ig labels 2 sets x Si 200 fee payable to Town of Nantucket x proof 'cap' covenant (If an appeal, ask Town Clerk to send Bldg Comr s record to u(.)n:) I certify that the requested information submitted is substantially complete and true th best of my knowledge, under the pains and penalties -ur r � SIGNATURE: -- NEE - �plicant Attorney /agent x o a einman, orney -or 3 (If not o�4�'c oFf, icYyB' nonj&_e proof of authority) FOR BOA OFFICE USE Application copies r.ec'd: 4 L'."'Or_ for BOA on e �� b One copy filed with Town Clerk on V by� complete ?Y4`� One copy each to Planning Bd and Building Dept ��,?, b $200 fee check given Town on-m- on j� by �aiived ?� Hearing notice posted I & M tyjy 1/r Hearing(s) on —/—/_ cont'd to/_/ —, ��— withdrawn?—/—/ — Decision due by —/—/_ made_/_ -/— filed TC_/ —/— mailed / See related cases lawsui.tr Oti.