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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
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JAN 3 1 1996
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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
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.BoA' : •
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2 39 7)44
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• NANTUCKET ZONING• BOARD OF APPEALs.
. . TOWN-2,ND COUNTY BUILDING v
• . . . ••
- - • . liaNTUCICET 0 2 55 4 •
74 Vit455
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.%:ASSESSOR'S LIST OF PARTIES IN INTEREST
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PROPERTX-;.OWNER:: /v61/6./ L///e77.0 .(iordie 234 14,147
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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 _) :
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" 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
•
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• *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.