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HomeMy WebLinkAbout004-96 0014 - Co o� NT�cMFr TOWN OF NANTUCKET s t',.._� BOARD OF APPEALS • -J/�� 4APO RAT Eip NANTUCKET, MASSACHUSETTS 02554 uan Date : January 31 , 1996 To : Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No . : 004-96 Owner/Applicant : TROGOH NOMINEE TRUST, KEVIN F . DALE TRUSTEE Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of the Naqtucket 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 . qtA,t/ Michael O'Mara Chairman cc : Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING. TO NANTUCKET ZONING BY-LAW '§139-30I (SPECIAL PERMITS) ; § 139-32I (VARIANCES ) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEAL` . JAN-29-1996 1 49 F'0` 4 NANTUCKET ZONING BOARD OF APPEALS NANTUCKET, MASSACHUSETTS Map 42.4.2 14 Oak Street, Parcels 23 - 26 24 & 26 Easy Street RC L.C. Plan Nos. 8755- C,D,E & G; Lots 10, 9B 12 & 18 Certificate of Title No. iG;' 2) At a public hearing of the ZONING BOARD OF APPEALS held at 1:00 P.M. , Friday, January 5, 1996, in the Selectmen's Meeting Room in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the application of TROGOH NOMINEE TRUST, KEVIN F. DALE, TRUSTEE, c/o Whaler's Lane, P. O. Box 659, Nantucket, Massachusetts 02554, Board of Appeals File No. 004-96, the Board made the following Decision: 1. Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning By-law Section 139 - 18B to waive five (5) off-street parking spaces; and, to the extent necessary, a SPECIAL PERMIT under Zoning By-law Section 139-20 to waive off-street loading zone requirements. Applicant proposes to convert first-floor garage and retail space in a pre-existing structure that also contains a second floor single-family dwelling unit into two (2) retail units, each containing 350± square feet of retail space. The second floor apartment use will remain unchanged. The locus, which also contains a pre-existing 92± square foot shed/pump house that is JAN-29-1996 14:49 F.B. non-conforming as to side yard set back requirements being sited 2.2+ feet at its closest point to the northerly lot line, is non-conforming as to lot size having 2,445+ square feet of area in a district that requires a minimum lot size of 5,000 square feet; as to side line set back requirements, with a principal structure being sited 1. 5 feet from the northerly rear yard lot line and 1.5 feet from the easterly side yard lot line, at its closest points, in a district that requires a minimum rear and side yard set back of 5 feet; and as to off-street parking and loading zone requirements. [The Locus is grandfathered for four (4) parking spaces. The proposed uses would require seven (7) parking spaces and applicant proposes to provide two (2) on-site spaces which would meet dimensional off-street parking requirements. ] The BOARD notes that parking space requirements must be calculated as if a structure were newly constructed when a change in a pre-existing non-conforming use/structure is contemplated. The Premises are located at 14 OAK STREET, 24 EASY STREET and 26 EASY STREET, Assessor's Map 42.4.2, Parcels 23-26 inclusive, and shown as Lots 10, 9B, 12 and 18 on Land Court Plan No. 8755-C, D, E and G. The Premises are zoned Residential Commercial. Page 2 JAN-29-1996 14:50 P.04 2. The Decision is based upon the Application and material submitted with it, and the testimony and evidence submitted at the Hearing. There was no Planning Board recommendation. 3. The Applicant clarified its application to the BOARD by noting that the proposed frontage for the - retail building was along Oak Street, not Easy Street, and there are 65 feet of conforming frontage along Oak Street. The Applicant proposed to create two (2) small retail spaces in the pre-existing building substantially as shown on a two (2) page Plan prepared by Vallorie Oliver dated November 22, 1995 and revised on December 7, 1995 and January 3, 1996. The Applicant also proposed to create two (2) conforming off-street parking spaces on the westerly side of the lot, to be accessed from Oak Street. The BOARD expressed concern about the intensity of retail uses and the potential traffic problem which might arise if vehicles back into Oak Street from the proposed off-street parking spaces. The BOARD agreed that the Applicant should use his best efforts to provide two (2) permanent parking spaces along Oak Street in the front of the building in lieu of the two (2) proposed off-street parking spaces. This was acceptable to the Applicant. The Applicant's Agent, Robert Young, represented that he intended to Page 3 JNN-29-1996 14:59 F'01 • rent the retail spaces to businesses which would not generate a high degree of vehicular traffic. The Applicant also requested that the BOARD waive the loading zone requirement because the proposed uses on the Premises would not require frequent vehicular deliveries. 4. Accordingly, by a unanimous vote, the BOARD grants a SPECIAL PERMIT under the Nantucket Zoning By- law Section 139-18B and Section 139-20 to allow the use of the building for two (2) separate first-floor retail uses and a second floor apartment by waiving five (5) off-street parking spaces and the loading zone requirement, subject to the following conditions: A. The proposed renovation shall be built substantially in accordance with the two (2) page Plan prepared by Vallorie Oliver and dated November 22, 1995, as revised on December 7, 1995 and January 3, 1996, and on file at the Board of Appeals. B. The Applicant is not required to provide two (2) off-street parking spaces on the Premises because of traffic and safety considerations. The Applicant shall, however, use his best efforts to provide two (2) on-street parking spaces on Oak Street in front of its building, noting that this is a primary route to the Steamship Authority property and the area is congested Page 4 J4N-29-1996 14:58 P.02 at boat times. C. No food service use, take out use or liquor license shall be permitted in the Premises. Dated: Nantucket, MA January 3 , 1996 A. Michael Mara, Chairman Ann Balas (77 eiC1,19-er William Hourihan 1111111111° / e Waine OF10E (,2„.;5z JAN 3 1 1996 jahJAN96/kfdtrogoh Page 5 TOTAL P.02 ' 4,40T 0,4,E TOWN OF NANTUCKET 3:' 9N BOARD OF APPEALS • c°4PO MO' NANTUCKET, MASSACHUSETTS 02554 ma NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1 : 00 P.M. , FRIDAY, JANUARY 5 , 1996, in the Selectmen ' s Meeting Room, Town and County Building, Broad Street , Nantucket , Massachusetts , on the Application of the following : TROGOH NOMINEE TRUST, KEVIN F . DALE , TRUSTEE BOARD OF APPEALS FILE NO . 004-96 Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-18B to waive five ( 5) off-street parking spaces; and to the extent necessary, a SPECIAL PERMIT under Zoning By-Law §139-20 (off-street loading zone requirements ) . Applicant proposes to convert first-floor garage and retail space in a said to be pre-existing structure , that also contains a second floor single-family dwelling unit , to two ( 2 ) retail units , each containing 350+ square feet of retail space . The apartment use will remain unchanged . The Locus , that also contains a 92+ square foot shed/pump house that is non-conforming as to side yard setback being sited 2 . 2+ at its closest point from the northerly lot line , is non-conforming as to lot size , having 2 ,445+ square feet of area in a district that requires a minimum lot size of 5 , 000 square feet; as to side line setback, with the principal structure being sited 1 . 5± feet from the northerly side yard lot line and 4 . 0+ feet from the southerly side yard lot line , at its closest points , in a district that requires a minimum side yard setback of 5 feet; as to frontage , having 30 . 75 feet of frontage along Easy Street , in a district that requires a minimum frontage of 40 feet; and as to parking and loading zone requirements . The Locus is said to be grandfathered for four ( 4 ) parking spaces . The proposed uses would require seven ( 7 ) parking spaces and Applicant plans to provide two ( 2 ) on-site spaces that would meet dimensional requirements . Parking space requirements must be calculated as if a structure were newly constructed when a change in a pre-existing non-conforming use/structure is contemplated . The premises is located at 14 OAK STREET , 24 EASY STREET and 26 EASY STREET, Assessor ' s Map 42 .4 . 2 , Parcels 23 - 26 , inclusive, and shown as Lots 10 , 9B, 12 and 18 on Land Court Plan 8755-C, D, E and G. The property is zoned Residential-Commercial . Chk\C a()-0 ) I -0(ACIACI Michael J . 0 ' ara , Chairman jelr- .BoA' : • . . . 2 39 7)44 • • NANTUCKET ZONING• BOARD OF APPEALs. . . TOWN-2,ND COUNTY BUILDING v • . . . •• - - • . liaNTUCICET 0 2 55 4 • 74 Vit455 • .%:ASSESSOR'S LIST OF PARTIES IN INTEREST • . , , • ---• • • . ...-.• • . • . . . PROPERTX-;.OWNER:: /v61/6./ L///e77.0 .(iordie 234 14,147 • APPLICANT.- OR RELIEF (SANE? ) : 5a4047 • ADDRESS. OF .PROPERTY; - z4 57 S 2b -A.&, 7 SF(/‘t ASSESSOR'S 1AP - PARCEL: Y2- • • o $14 LIST OF PARTIES 'INCLUDIiTG ADDRESSES*(OR SEE ATTACHED _) : • . . . . . • -:- • • . . • r,F-7—* 0..-(c4-{En\w [i . . . . -k6 -: I :1995 . • • • . • . . • • • " 1 cei-tify--that..thefor.egoing (or the attached ) lists 'a.1.il..--Dersonspatural or legd.11 who are owners Si -abutting --propeXty.j,-.-f:owners;of!-land' directly opposite on any public • or-_privatec•stree:t or way;-- and abutters of the abutters and all -other:land owners within three .hcandred feet of the • property"Ifine':of Owner's property, as.they (and their address) *appear; on'the most recent applicable tax list • (per-11:.a.M.:-c:4_0A, Section 11 and Zoning Code Chapter 139, - Section* 139-2 9 D.(2) ) . : - • . • • . . 41, 111 OA IL. • Date -• • Asse' sor Town • Nantuc et • •- • *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.