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HomeMy WebLinkAbout034-94TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554. Date: June 14 , 1994 To: Parties in Interest and - Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 034 -94 Owner /Applicant: ROBERT S. SHAPIRO, TRUSTEE OF POCOMO REALTY TRUST II 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 an complaint in court within TWENTY (20) days after this day's date. Notice of the action with a copy of the complaint and certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20) days. 6x f Cl�l l �J�-� Dale W. Waine Chairman cc: Town Clerk Planning Board Building Commissioner Zoning Board of Appeals South Beach Street Nantucket, Mass. 02554 NOTICE A Public Hearing of the ZONING BOARD OF APPEALS will be held at 1:00 P.M., Friday, May 6, 1994, in the Town and County Building, the Selectmen's Meeting Room, Broad Street, Nantucket, Massachusetts, on the Application of: ROBERT S. SHAPIRO, TRUSTEE OF POCOMO REALTY TRUST II Board of Appeals File No. 034 -94 Applicant is seeking a MODIFICATION of SPECIAL PERMIT relief granted in Case No. 024 -86, to modify a said to be erroneous description of uses therein, so that Applicant may continue the existing uses upon the Locus, with the option of using first €lolor and basement areas for retail and /or office use. To the extent necessary, applicant also requests relief by SPECIAL PERMIT for the waiver of seven (7) additional off - street parking spaces requirements under Nantucket Zoning By -Law §139- 18B(3). See ZBA File No. 024 -86. The premises are located at 18 BROAD STREET, Assessor's map 42.4.2, parcel 32. The property is zoned Residential - Commercial. _Or& 4" Awu�_ Dale W. Waine, Chairman THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. FOR ASSISTANCE CALL (508) 228 -7215. BoA Form 7- -•89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 CASE No. A.-A APPLICATION FOR RELIEF, owner's name(s): Robert S. Shapiro, Trustee of Pocomo Realty Trust II c/o Reade & Alger Professional Corporation Mailing address: 6 Young's Way, P.O. Box 2669, Nantucket, MA 02584' Applicant's name: Same Mailing address: Same Location of lot: Assessor's map and parcel number 4242- 032 Street address: 18 Broad Street Registry Land Ct Plan, Plan Bk & P.g or Plan File Lot Date lot acquired: 10/ 9/ 83 Deed Ref 206 172 Zoning district R-C Uses on lot - commercial: None or Retail. and .office space MCD? No - number of: dwellings_ duplex_ apartments rental rooms_ Building date(s) : all pre -8/72? No. or C of 0? No Building Permit appl'n. Nos. 1125 -79 and 1064 -79 Case Nos. all BoA applications, lawsuits: 024 -86 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 Vaance, 139 -30A X if a Special Permit (and 139 -33A if to alter or extend a noncon.orming use). If appeal per 139 -3JA 5 B _ attach decision or order appealed. OK to attach addendum . See addendum attached hereto. Items enclosed as part of this Application: orderl addendum2 Locus map X Site plan showing present . +planned structures Floor plans present proposed�'elevatTons (HDC aapproved ?_) Listings lot area frontage setbacks GCR parking data Assessor - certified addressee TI—St 4 sets =mall ni g labels 2 sets 51200 fee payable to Town.of Nantucket X proof • 'cap' covenant (If an appeal, ask•Town'Clerk to send Bldg Comr record to BoA-.F I certify that the requested informatio,6 submitted is substantially complete and true to the best of my knowledge,' under the pains and penalties of perjury. , SIGNATURE: ✓ � ��� fi�Applicant Attorney /agent X 3(If not owner or owner's attorney, enclose proof of authority) FOR Bo 4 OFFICE USE Application copies reed: 4r_ for BoA on lt/___/9 by One copy filed with Town Clerk on ��CC��� by com V _ l/ao P One copy each to Planning Bd and Building D(eept� by (,(( $200 fee check given own Treasurer on ( by�aived ?_ Hearing notice posted &(mailed Hearing(s) on_/_/_ cont 'd to___/:,,/_, _/�! withdrawn ?_ /_/_ Decision due by_/_/_ made_//_ filed TC_/__/_ mailed —/_ /_ See related cases lawsuits other W �t iL N \` 11 U � 0 61.E (n 2 6' i '•. > ELi CG j o W CC) Lf- i— i Z UJ j' nnnip?mnrim Applicant requests a modification of the Special Permit relief granted in Case No. 024 -86, in order to correct the erroneous description of uses and square footage devoted to different types of commercial use on the Locus contained therein. A history of commercial uses upon the Locus is attached hereto. Applicant wishes to continue the existing uses on the Locus, with the option of using the first floor and basement retail areas as office space or retail area. Existing uses and parking requirements are as follows: First floor rear - retail, 200 square feet 1 space + 1 employee space First floor front - retail, 1,000 square feet 5 spaces + employee space Basement - retail, 250 square feet 1 space + 1 employee space Second floor - office, 850 square feet 4 spaces + 1 employee space Total 14 spaces Proposed office use of existing first floor retail space would not increase parking requirements. To the extent that the Board of Appeals determines that due to the erroneous findings of the decision in Case No. 024 -86 provision of additional off -site parking not already grandfathered is required, applicant requests a waiver by Special Permit from said parking requirement pursuant to the provisions of §139- 18(B)(3) of the By -law. kah /46 /SHAPIRO 7� Building History - 16 Broad Street (9n some cases dates are approximate) /�qff Tear Boat and marine supplies shop 1970-79 1980 Beauty and health supplies shop 1981 -63 Nantucket Accommodations and Real Estate 1984 -8vo BAgei strop 1986 - 87 Interior design studio and Shop 1987- 93 Beal E -Aatl� 1994 Landscape consultants and plant shop (potential tenant) I-It /Yar h121P 1971 - 7a farina antiques shop 1960-83 Real e=state business I984 - 86 Children's clothing shop 1966 88 Antiques shop 1968-90 Real Estaite: business 1990- 91 Art gallery 1991 -134 C:ratt and art gallery GiSSe�? em 1972 - 79 Aniques shop 1900 Sporm shoes shop 1981 -94 Pottery, crafts, clothing shop ltd ff,NY 1974 - 79 Reauty salon 1979-83 Stuck brokerage 1981 -54 Law effico 1985-87 Real Estate business 1987 - 8y Law Office- 1 14 69 - y3 Nantucket Land Bank 1994 mortgage D-oker Reade & Alger P.C. January 19,1994 BOA Form 2 -89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MASSACHUSETTS 02554 ASSESSOR'S LIST OF PARTIES IN INTEREST PROPERTY OWNER: Robert S. Shapiro, Trustee APPLICANT FOR RELIEF (SAME? x_): ADDRESS OF PROPERTY: 18 Broad Street ASSESSOR'S MAP - PARCEL: 4242 -032 LIST OF PARTIES INCLUDING ADDRESSES (OR SEE ATTACHED_ __)= C�6COMf� � 2 � � I certify that the foregoing (or the attached__) lists all persons, natural or legal, who are owners of abutting property, owners of land directly opposite on any public or private street or way, and abutters of the abutters and all other land owners within three hundred feet of the property line of Owner's property, as they (and their address) appear on the most recent applicable tax list (per M.G.L. c.40A, Section 11 and Zoning Code Chapter 139, Section 139- 29D(2)]. o?-Z Da a Assessor, Town of Na ucket *Note: Applicant (petitioner) should include with the lot for which zoning relief is sought, any commonly -owned abutting lots which might become involved in the zoning matter. List map and parcels for each abutter. (mcpl /boaform) Submitted by Reade & Alger P.C. Date: Reade & Alger Client:______` _ iZ) 9e a•1 t, 99 tp0 a� at• 2a y �- 0 'P a � 4 • �' at ,2 1 at' �5 u �d A5 aS S -4 J h �� �2 STEP �t 4 !S 62 a2•�'29 � a A2. dA 41.1 V•1 ev1 et 4t 5 STREET ASN 4 to 95 94 ;4 !0 40 ' y9 LANE AS" 4 i S 6% 77 A 91 3e TB T4 } 16 w is 77,1 6 r st N 2"l W t7 STREET r of u1 a• THE TOWN U e R O A O ITp WN JNO CO tp 31 31 C (1` 31 _ A r 4 -A S 4 d W n 3• 34 u) s NGl.,c Cd N 1 4 0 r Hp�i +z.3.1_ 1 REVISIONS T o iAIC PARCCI DAIk VARCEI OAIE PARCEL E E G E ND 42.3.1 -3 42.3.!_7 42.3.1 -8