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HomeMy WebLinkAbout061-9112 &- 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.