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Home My WebLink About011-95 tau MF>, TOWN OF NANTUCKET • A BOARD OF APPEALS -400RA1I' NANTUCKET, MASSACHUSETTS 02554 Date: cr0 , 1996 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. : 011-96 Owner/Applicant: RICHARD GORDON GRUNDLER, FOR HIMSELF AS OWNER AND FOR RONALD AND STEPHANIE WASHBURN 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 . 1` Micgrael J. O'Mara . ilairman 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 APPEALS . s o`��NTUCMf� TOWN OF NANTUCKET kJ BOARD OF APPEALS 41%01°' NANTUCKET, MASSACHUSETTS 02554 A_sessor ' s Map 42 .4 . 2 One Ash Street Parcel 85 Deed Ref . 296/185 ROH At a Public Hearing of the Nantucket Zoning Board of Appeals , held at 1 : 00 P.M. , Friday, March 8 , 1996 , in the Selectmen' s Meeting Room, Broad Street, Nantucket, MA, on the Application of RICHARD GORDON GRUNDLER, FOR HIMSELF AS OWNER AND FOR RONALD AND STEPHANIE WASHBURN, OF R.D. , #1 , Box 1215 , Shelburne, VT 05482 and 44-52 Route 9W, New Windsor, NY 12553 , respectively, Board of Appeals File No. 011-96 , the Board made the following Decision: 1 . Applicants are seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-8B(2) (neighborhood service establishments) . Applicants propose to convert 655+ square feet of a said to be pre-existing single-family dwelling into a repair shop for furniture and other antiques with no exterior changes planned . There would also be retail sales associated with this use , and the remainder of the structure would be used by the Applicants (the Washburns) as their year-round residence . The Locus is non-conforming as to lot size, having a lot area of 2 , 263+ square feet in a district that requires a minimum lot size of 5 ,000 square feet , and as to side and rear yard setbacks , with a gazebo being sited less than one ( 1 ) foot from the southwesterly side yard lot line at its closest point, and the principal dwelling being sited 3 . 95+ feet at its closest point to the rear yard lot line and 4 . 27+ feet at its closest point from the northerly side yard lot line in a district that requires a minimum side and rear yard setback of five ( 5 ) feet, and as to ground cover ratio , having a ratio of 52+% in a district that has a maximum ground cover ratio requirement of 50%. Applicants further seek a SPECIAL PERMIT under Nantucket Zoning By-Law §139-18D to waive four (4) of the required five ( 5) parking spaces as one ( 1 ) space is provided on site . In addition and to the extent necessary, SPECIAL PERMIT relief is sought under Zoning By-Law §139-20C, to waive any loading zone requirements . The premises is located at ONE ASH STREET, Assessor ' s Map 42 .4 . 2 , Parcel 85 , Deed Ref . 296/185 . The property is zoned Residential-Old-Historic. 2 . The Decision is based upon the Application and materials submitted with it and testimony and evidence presented at the Public Hearing. There was no Planning Board recommendation. There were several abutters present to speak in opposition with one ( 1 ) speaking in favor . There were seven (7) letters in opposition and one ( 1 ) in favor of relief on file. Neighbors were concerned about the increase in traffic, r noise and exacerbation of a difficult parking situation with the placement of a furniture repair business and antique store in a small structure previously used as a single family dwelling and requiring only one ( 1 ) parking space; placement of a commercial enterprise in a residential zone; use of hazardous materials in furniture restoration; possible compromise of the historical integrity of the property; and the setting of a negative precedent . 3 . Applicants, through counsel , represented that the proposed antique shop and furniture repair business falls under Zoning By-Law §139-8B( 2) as a neighborhood service establishment . Applicants intended to operate a low-key business as they will live in the structure as year-round residents . Hours and days would be limited and no changes were proposed for the exterior of the structure . The property currently has one ( 1 ) parking space and that would be maintained. There would be no deliveries to the site and any transportation of furniture would be done by the Applicants . No power tools would be used on the premises with all repairs being done by hand and no chemical stripping of items would be done on site in the 10 ' x 12 ' basement space. It was pointed out that there had been a small shop located in the basement but that the use had ceased more than three (3 ) years prior to the hearing date . 4 . A majority of Board members expressed concern about allowing a commercial use in a residential district and setting a precedent . A majority of the Board found that the proposed use did not fall within the scope of §139-8B( 2) and that the use would not be such as to provide a service to the neighborhood . The furniture/repair shop would be substantially more detrimental to the neighborhood than the permitted alternative uses or existing single family dwelling use . The increased traffic and pressure on the parking situation would be exacerbated by the placement of a commercial enterprise in the structure and would be substantially more detrimental to the neighborhood than the present use. 5 . Accordingly, upon a motion made and seconded to grant relief subject to several conditions , two (2 ) members voted in favor (Williams and Hourihan) and three ( 3) in opposition (O 'Mara, Angelastro and Sevrens) . The requested relief by SPECIAL PERMIT is hereby DENIED as a vote of at least four (4) in favor is needed to carry a grant of relief . o Dated: �JCy , ) 0?9 � J ►�� 41 1 al/ /.401 if /AI ind F . Wil iams _ William Hourihan ichael Ange a .�o RECEIVED Nancy Sevre �. TOWN CLERK'S OFFICE NANTUCKET MA 02554 JUL 021996 TIME: CLERK: / oEaoTUCMe), TOWN OF NANTUCKET ki =� f- BOARD OF APPEALS cPORA1E 9. NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1 :00 P.M. , FRIDAY, MARCH 8 , 1996, in the Selectmen ' s Meeting Room, Town and County Building, Broad Street, Nantucket, Massachusetts , on the Application of the following: RICHARD GORDON GRUNDLER, FOR HIMSELF AS OWNER AND FOR RONALD AND STEPHANIE WASHBURN BOARD OF APPEALS FILE NO. 011-96 Applicants are seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-8B( 2 ) (neighborhood service establishments) . Applicants propose to convert 655+ square feet of a said to be pre-existing single-family dwelling into a repair shop for furniture and other antiques with no exterior changes planned . There would also be retail sales associated with this use, and the remainder of the structure would be used by the Applicants ( the Grundlers) as their year-round residence. The Locus is non-conforming as to lot size, having a lot area of 2 , 263+ square feet in a district that requires a minimum lot size of 5, 000 square feet, and as to side and rear yard setbacks, with a gazebo being sited less than one ( 1 ) foot from the southwesterly side yard lot line at its closest point, and the principal dwelling being sited 3 . 95+ feet at its closest point to the rear yard lot line and 4 . 27+ feet at its closest point from the northerly side yard lot line in a district that requires a minimum side and rear yard setback of five ( 5) feet, and as to ground cover ratio, having a ratio of 52+% in a district that has a maximum ground cover ratio requirement of 50%. Applicants further seek a SPECIAL PERMIT under Nantucket Zoning By-Law §139-18D to waive four (4) of the required five ( 5 ) parking spaces as one ( 1 ) space is provided on site . In addition and to the extent necessary , SPECIAL PERMIT relief is sought under Zoning By-Law §139-20C, to waive any loading space requirements . The premises is located at ONE ASH STREET, Assessor ' s Map 42 . 4 . 2 , Parcel 85 , Deed Ref . 296/185 . The property is zoned Residential-Old-Historic . i144 c ri-O i716t1c� chael J. O 'Mara , Chairman BoA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 Cif- APPLICATION Case No. FOR RELIEF Owner's name(s) : Richard Gordon Grundler Mailing address: R.D. #1, Box 1215, Shelburne, VT 05482 Applicant's Name:Ronald and Stephanie Washburn Mailing Address: 44-52 Route 9W, New Windsor, NY 12553 Location of Lot: Assessor's map and parcel number 42 .4.2 - 85 Street Address: One Ash Street Registry Land Ct Plan, Plan Bk & Pg or Plan File no recorded plan Date lot acquired: 04/01/88 Deed Ref 296, 185 Zoning district ROH Uses on lot - commercial: None or dwelling MCD? no - number of: dwellings 1 duplex_ apartments rental rods_ Building date(s) : all pre-8/72? ves or C of O?N/A Building Permit appl'n. Nos. N/A Case Nos. all BoA applications, lawsuits: (061-95) State fully all zoning relief sought and respective Code sectic-s and subsections, specifically what you propose compared to present and what grounds you urge for BoA to make each finding per Sect:on 139-32A _ if Variance, 139-30A x if a Special Permit (and 139-33A x if to alter or extend a nonconforming use) . If appeal per 139-31A & B , attach decision or orders appealed. OK to attach addendum2. See Addendum A attached. Items enclosed as part of this Application: order'-_ addendum2 x Locus map x Site plan x showing present x +planned_ structures Floor plans present_ proposed_ elevations_ (HDC approved?_) Listings lot area x frontage x setbacks x GCR x parking data Assessor-certified addressee list 4 sets x mailing labels 2 sets x $200 fee payable to Town of Nantucket x proof3_'cap' covenant (If an appeal, ask Town Clerk to send Bldg Comr's record to Brea. ) I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. I / SIGNATURE: (applicants) onald Washburn St-phanie Washburn 3(If not owner or owner's attorney, enclose proof of authority', FOR BoA OFFICE USE Application copies rec'd: 4 L// or_ for BoA on ±/IL/Z(by One copy filed with Town Clerk on- / R-1-437 (_l" comple•w?---- One copy each to Planning Bd and Building Dept Jj by // - $200 fee check given Town Treasurer on (/ Aylyaived' Hearing notice posted A��mailed7�l(Sd&M?/22/Z.),. Z/c-? Yl ' Hearing(s) on_/_/_ cont'd to_/_/_, _/_/_ withdrawn?_/__/_ Decision due by / /_ made_/_/_ filed TC_/_/_ mailed_/__/_ See related cases lawsuits other Jan96/WashBOA ADDENDUM TO ZONING BOARD OF APPEALS APPLICATION RONALD AND STEPHANIE WASHBURN The Applicants seek a Special Permit for a neighborhood service establishment under Section 139-8 .B . (2) of the Nantucket Zoning By-Law to permit their proposed use of a portion of the structure situated at One Ash Street as a repair shop for furniture and other antiques . There would also be retail sales associated with this use, and the remainder of the structure would be used by the Applicants as their year-round residence . The property is situated in the ROH zone and a 2, 263 square foot lot containing 1, 188 square feet of grandfathered structures according to the plot plan submitted in a prior application regarding the property (a copy of which is attached) , for a ground cover ratio of 52% . The existing structures do not comply with side yard setback requirements . One off-street parking space is provided on the lot . No exterior changes to the structures on the lot are proposed. The change of use would be confined to the three front rooms in the main house, so that a total of approximately 655 square feet of floor area would be dedicated to that use . Using the parking requirement of one space for each 200 square feet of gross floor area from Section 139-18 .D. , and the requirement of one space for three employees, an additional 4 parking spaces would be required. As it is impossible to provide additional parking spaces on-site, a waiver under Section 139-18 .B. for those 4 spaces is requested. In addition, to the extent necessary, a waiver of any loading space requirement pursuant to Section 139-20 .C. is requested. The Applicants believe that since they will be living on the property, its present residential character will be largely retained. The proposed change of use is consistent with North Water Street' s mix of commercial office and guest house establishments . The parking demands of the use will be minimal since it would be a low volume use given the very limited floor area dedicated to the service establishment . The use proposed is appropriately characterized as a neighborhood service establishment even with the retail sales component . Each of the examples given in the Zoning By-Law (which are the only clues given by the By-Law as to a definition of a neighborhood service establishment) would typically have retail sales associated with the services being provided. Feb96/WashZBA • ♦tP t 241.4.‘♦• . • µlg0oa • o • n • 57.1 IS 1�J 4.% • 11 1 7 • ♦.♦t i . r W W 1 r 6! + i . 40000011,. . ♦ 1.1 • Tft EEZ• .t sill: pt vi . 4° µt01 J°�tt t 1 t♦• S v • w Z C •rt'.t° S • 1 °' Sit? or •° 9 a •P ■ t •t 0. •2 t9 t° • STREET *p 1�t to ° �M • SS ill• ka s...v.'`V 1111 111111 id S H jO °°vt'yp4 c. 0 �S 6 • ' Ili w •° .'._ 4 �\ � 001E.N E 1tt0c CI ASH r\110 cwIIIIIs7" µtot OOKEt •\ i �� T• SS TA \\ . S T R E T ,`M t.1�cKCt Al