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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: September A0 , 1991
-• , .
To: Parties in Interest and.Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.: 061 -91
Owner /Applicant: THOMAS N. KATSAPETSES, TRUSTEE OF
THOMAS TRUST
Enclosed is the Decision of the BOARD OF APPEALS s.Thich 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, :`Fassachusetts General Laws.
"_7y aCti On a�pe3lin °� the : cis' --n must e '_ "O iC y
i ding an �_vmttulai t _n court wit hin. Ti'tL tT� � � t --.
this day's date. ;:otice of the action with a co. y of the
C'Omp1aii t a: d car tifieu copy oL tr.e Decisi n ..:;.s b g i v a n
to the ;:wn Clerk: so J
^� �CeiVe
(20) days.
RO}Sert
cc: To,.:n Clerk
Planning Board
Building Commissioner
LeicPter,, Chairman
0
ZONING BOARD OF APPEALS
South Beach Street
Nantucket, Massachusetts 02554
Map 4231 8 Oak Street, Lot 5
Parcel 0102 Plan Book 20, Page 37
RC
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 Thomas N. Katsapetses, Trustee of
Thomas N. Trust, of 146 Thurlow Street, Georgetown,
Massachusetts 01833, Board of Appeals File No. 061 -91, the
Board made the following DECISION:
1) Applicant is seeking a Modification under Section
139 -30A of the existing Special Permit issued in Board of
Appeals File No. 006 -81, reheard as Application No.
038 -83, which granted the owner of the premises a parking
waiver for four (4) offices and prohibited retail use of
the premises. Applicant seeks to change the use of 623+
square feet of the first floor of the building to two (2)
retail stores, and, if necessary for such a change, seeks
parking relief under Section 139 -33A. Applicant contends
that the existing waiver of parking is for a minimum of
seven (7) spaces based on the area of 1,384 square feet
for the four offices then existing or proposed in the
building at the time relief was granted. The total
parking required for the proposed uses in the building,
which includes a 550+ square foot apartment and 238+
square foot office on the second floor, would be the seven
(7) spaces (or six (6) spaces if one tenant rented the
entire 623+ square feet of the first floor), assuming not
more than four (4) employees in the retail space(s) at
peak hours. To the extent parking relief may be required,
Applicant seeks such relief under Section 139- 18B(2) and
139 -30A. The premises are located at 8 Oak Street,
Assessor's Map 42.3.1, Parcel 102, as shown in Plan Book
20, Page 37, Lot 5. 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) At present, the two proposed retail spaces on the
first floor are vacant and the office on the second floor
is occupied by an attorney. The apartment is being used
by the owners on weekends.
4) The parking requirements based on the proposed
request for retail space are as follows:
1st Floor - 623 square feet of retail
space - 1 business with not
more than four (4) employees 4 spaces
or
- Two units on first floor with
2 businesses: 241 square feet
unit with two employees and
382 square foot unit with two
employees 5 spaces
2nd Floor - Apartment 520 square feet 1 space
Office 241 square feet 1 space
5) The proposed use is for two retail units on the
first floor which would require a total of seven (7)
spaces for the building. If, however, a single tenant
rented the entire 623 square feet on the first floor, only
6 spaces would be required for the total building.
Neither alternative would require any additional parking
relief since the existing relief is for seven (7) spaces.
6) There was no opposition to this Request for
Modification of the existing Special Permit and the two
closest abutters wrote letters supporting the requested
relief. Both abutters noted that Applicant has made
considerable improvements to the property since his recent
acquisition of it.
7) The Board finds that the proposed retail use of
the premises on the first floor 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 and, additionally, that compliance
with the requirements of the By -Law would be physically
impossible or would have a significant and adverse impact
on the scenic or historic integrity of the neighborhood.
8) By unanimous vote (Leichter, Williams, Dooley,
Balas and Waine) the Board grants the Modification of the
Special Permit under Section 139 -30A removing the
prohibition against retail space and allowing the 623
square feet on the first floor to be used as two retail
spaces with no more than a total of four (4) employees at
-2-
peak shift and with the second floor of the building to
remain as an office and an apartment. One of the two
retail spaces will not exceed 299 square feet.
D ed: o?ol (49<
ert J. -1:-e-ilchter
Linda r. Williams
L__
Dale Waine
--3-
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:
THOMAS N. KATSAPETSES, Trustee of THOMAS N. TRUST
Board of Appeals File No. 061 -91
Applicant is seeking a Modification under §139 -30A of the
existing Special Permit issued in BOA File No. 006 -81, reheard as
Application No. 038 -83, which granted the owner of the premises a
parking waiver for four (4) offices and prohibited retail use of
the premises. Applicant seeks to change the use of 622± S.F. of
the first floor of the building to two (2) retail stores, and, if
necessary for such a change, seeks relief under §139 -33A.
Applicant contends that the existing waiver of parking is for a
minimum of seven (7) spaces based on the area of offices then
existing or proposed in the building, and the total parking
required for the proposed uses in the building, including a 550±
S.F. apartment and 238± S.F office on the second floor, would be
six (6) spaces, assuming not more than four (4) employees in the
retail area. To the extent parking relief may be required,
Applicant seeks such relief under § §139- 18B(2) and 139 -30A.
The premises are located at 8 OAK STREET, Assessor's Map
42.3.1, parcel 102, as shown in Plan Book 20, page 37, Lot 5.
The property is zoned RC.
Robert J. Iialchter, Chairman
BOA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING Date
NANTUCKET, MA 02554
CASE No AL
APPLICATION FOR RELIEF
Owner's name(s): Thomas N. Katsapetses, Trustee, Thomas N. Trust
Mailing address: 146 Thurlow Street, Massachusetts 01811
Applicant's name: Thomas N Kafnapnts q, Tr1 iC
Mailing address: same as above
Location of lot: Assessor's map and parcel number 4231- 0102
Street address: 8 Oak Street a /k /a 14 South Water Street
Registry Land Ct Plan, Plan Ilk & Pg or Plan FilePaQe 37ok 20 Loth_
Date lot acquired: 6 Deed Ref _,! zoning district irc
Uses on lot - commercial: None _ or office and apartment MCD ?,
- number of: dwellings_ duplex_ apartments_ rental rooms_
Building date(s): all pre -8/72? — or
C of O? 6/25/91
Building Permit appl'n. Nos. 015 -80
Case Nos. all BOA applications, lawsuits: 006 -81 and 38 -83. 065 -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 -31A
if to alter or extend a noncon- orming use). If appeal per 139 -31A
& B _ , attach decision or order appealed. OK to attach addendum2.
See attached
Items enclosed as part of this Applications: order.i addendum2
Locus map_ Site plan present --planned structures
Floor plans present•__ proposed_ elevations _ (tiDC approved?_)
Listings lot area frontage setbacks GCR parking data
Assessor- certifiecT addressee fist 4 sets — ma�liiig labels 2 sets_
200 fee payable to Town of Nantucket proof 'cap' covenant
(If an appeal, ask Town Clerk to send-Bldg ComrT record to Ooh)
I certify that the quested information submitted is substantially
complete and t o' a best of my knowledge, under the pains and
penaltigs of r
SIGNATURE: applicant Attorney /agent �-
einman, Esq.
3(If not owne or owner's .attorney, enclose proof of authority)
FOR BOA OFFICE USE
Application copies recd: 4 or for BOA on��3 by /
One copy filed with Town Clerk on��j by L� complete? ! g�
One copy each to Planning Bd and Building �Dopt 31 9 by
d G( �l by
waived?
$200 fee check. given Town q Treasurer on _ /_ /1
Hearing notice postedF�� !� mailed E I & Mali /-Y/ , IT14���
Hearing(s) on _/_/_ cont'd tom_/_, �_/_ withdrawn?—/--/_
Decision due bye_/_ nnade_f_J_ filed TC�_/_ mailed__/_
See related cases lawsuits ott_
�ef7eiv�q� �u'a�f �y ��7/' G4��iC _
Applicant seeks a modification of the Special Permit
dated March 28, 1984 (006 -81 reheard as application 38 -83)
whereby applicant was granted a waiver of parking spaces
for four (4) offices with the condition that no retail
activity would be allowed. Applicant also seeks to change
the use of the first floor to retail space. Although
there was no specific number of spaces waived in the
existing Special Permit, applicant alleges that a minimum
of seven (7) spaces were waived based on a total square
footage of 1,410 square feet for the total office areas.
Since the existing second floor is comprised of an office
which is 238 square feet and an apartment which is 550
square feet (in accordance with a Certificate of Occupancy
dated June 25, 1991), the total parking requirement for
the second floor is two (2) spaces. Thus, for two retail
spaces on the first floor with a total of 622 square feet,
with a maximum of four employees for both retail spaces,
there would be a parking requirement of four (-4) spaces
totaling six (6) for the building thereby not requiring
any additional parking relief. If the Board finds that
additional parking is required for the proposed retail
use, relief is sought under Chapter 139, Section 30A ,
Chapter 139, Section 33 -A and Chapter 139, Section 18B -2
to the extent necessary to allow the proposed retail use.
There will be no exterior changes.
The premises are located at 8 Oak Street, Assessor's
Map 4231, Parcel 0102 and the property is zoned R -C.