Loading...
HomeMy WebLinkAbout021-96 02 \ _ C ' Luc fr TOWN OF NANTUCKET o -- yc y A • BOARD OF APPEALS -�� .2R00RAT6o' NANTUCKET, MASSACHUSETTS 02554 Date: April /2. , 19 96 To: Parties in Interest and_ Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. : 021-96 Owner/Applicant : PACIFIC CLUB OF NANTUCKET, INC . 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 . 9' 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 §139-301 ( SPECIAL PERMITS) ; § 139-321 (VARIANCES ) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS . 4-11-1996 4:46PM FROM M PHILBRICK 508 228 5155 P. 2 TOWN OF NANTUCKET ZONING BOARD OF APPEALS At a Public Hearing of the Nantucket Zoning Board of Appeals opened at 1:00 P.M.,on Friday, March 29, 1996,in the Selectmen's Meeting Room,Town and County Building, Broad Street, Nantucket,Massachusetts,on the Application of the Pacific Club of Nantucket, Inc. , for itself as Owner and Applicant of P.O. Box 1227, Nantucket, Massachusetts 02554(Board of Appeals File No. 021-96), the Board made the following Decision: 1. Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning By- Law Section 139-33 (alteration/expansion of a pre-existing non-conforming structure/use). Applicant proposes to change the use of two (2)rooms on the first floor of a said to be preexisting structure, that are currently used as meeting space for Club members, to use also as an art gallery without giving up the right to use the space for meetings. The structure also contains second-floor office space. The Locus is non- conforming as to lot size,having a lot area of 1650+square feet in a district that requires a minimum lot size of 5,000 square feet; as to side and rear yard setbacks, being sited zero feet at its closes points from all lot lines;as to ground cover ratio, having in excess of the 30% maximum ground cover ratio allowable for undersized lots in this district; and as to parking with no spaces having been provided in the past. In addition and to the extent necessary, Applicant is seeking SL'.BCIAL PERMIT relief under Nantucket Zoning By-Law Section 139-18B (parking requirements) as no parking spaces are proposed for the site, and under Section 139-20C(loading zone requirements). The premises is located at 15 Main Street, Assessor's Map 42.3.1, Parcel 133,and shown in Deed Reference 56, Page 116. The property is zoned Residential-Commercial. 2. The Board's findings are based upon the Application papers, representations and testimony received at the hearing on March 29,1996.There was no opposition to the requested Special Permit Relief and the Planning Board made no recommendations. 3. The property is non-conforming as to lot size, having a lot area of 1,650+ square feet in a district that requires a minimum lot size of 5,000 square feet. The structure is sited zero feet at its closest points from all lot lines,and has a ground cover ratio in excess of the 30% maximum allowable for undersized lots in this district. Both the lot and the structure have been in existence since prior to zoning and are validly grandfathered. No changes to the structure's footprint are contemplated. 4-11-1996 4:47PM FROM M PHILBRICK S08 228 5155 p 3 4. The Applicant represents that the first floor of the structure has been used as meeting rooms for members of the Pacific Club since prior to zoning. The second and third floors have been used as office space(two tenants per floor) also since prior to zoning. No parking or loading facility has been provided on-site in the past, and the lack of parking spaces and loading is validly grandfathered for those specific uses. The structure and surrounding sidewalks cover nearly all of the property, and based on the location of the structure, providing any off-street parking spaces or loading facilities would be physically impossible. 5. The Board finds that retail use of the structure is permitted in the Residential-Commercial Zone. Use of the first floor of the structure as Club meeting rooms or as retail space from time to time is in harmony with the general purposes and intent of the Nantucket Zoning By-Law. The retail uses is less intensive and requires fewer parking spaces than the Club use. The Board specifically finds that the use of the first floor as retail space pursuant to this Special Permit will not be an abandonment of the parking spaces that are grandfathered for the Club use. Because the structure can be readily serviced by the public loading spaces already established for the Lower Main Street retail area, granting the requested loading facility relief is not contrary to sound traffic, parking or safety considerations. For these reasons, the Board finds that no waiver of Nantucket Zoning By-Law Section 139-18(B)(3) is required and that the Applicant meets the requirements of Section 139-20(C). 6. Based upon the foregoing findings, the Board hereby GRANTS by a unanimous vote, (1) the requested Special Permit under Nantucket Zoning By-Law Section 139-33A to allow use of the structure as Club meeting rooms or as retail space, either alternatively or simultaneously, and (2) no waiver of off-street parking space requirements under Nantucket Zoning By-Law Section 139-18(B) is required, and (3) the requested Special Permit under Nantucket Zoning By-Law Section 139-20(C ) to waive loading facility requirements, under the condition that the Applicant 's additional use of the first floor of the structure shall be limited to one retail use by a single tenant. Dated: April 1_2_,-1996 Nantucket, MA Michael Angelastro RECEIVED iff TOWN CLERK'S OFFICE II ,/` LA-1 NANTUCKET MA 02554 Linda F. Willi ms APR 1 g 1996 TIME: i�S Nancy Sev ens CLERK: Ann B. 0' Milt O'Mara .00TUCk._ TOWN OF NANTUCKET BOARD OF APPEALS -4P0 Raw NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1 :00 P.M. , FRIDAY, MARCH 29 , 1996, in the Selectmen ' s Meeting Room, Town and County Building, Broad Street , Nantucket, Massachusetts , on the Application of the following: PACIFIC CLUB OF NANTUCKET, INC. BOARD OF APPEALS FILE NO. 021-96 Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-33 (alteration/expansion of a pre-existing non-conforming structure/use) . Applicant proposes to change the use of two ( 2) rooms on the first floor of a said to be pre-existing structure, that are currently used as meeting space for Club members , to use also as an art gallery without giving up the right to use the space for meetings . The structure also contains second-floor office space . The Locus is non-conforming as to lot size , having a lot area of 1650+ square feet in a district that requires a minimum lot size of 5, 000 square feet; as to side and rear yard setbacks, being sited zero feet at its closest points from all lot lines; as to ground cover ratio, having in excess of the 30% maximum ground cover ratio allowable for undersized lots in this district; and as to parking with no spaces having been provided in the past. In addition and to the extent necessary , Applicants are seeking SPECIAL PERMIT relief under Nantucket Zoning By-Law §139-18B (parking requirements ) as no parking spaces are proposed for the site, and under §139-20C ( loading zone requirements) . The premises is located at 15 MAIN STREET, Assessor ' s Map 42 . 3 . 1 , Parcel 133 , and shown in Deed Reference 56, Page 116 . The property is zoned Residential-Commercial . 4Acti■LCIJ ibtibiGL. Mic ael J. O 'Ma , Chairman THIS NOTICE iS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. FOR ASSISTANCE CALL (508) 228-7215 • BoA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 (71/1 ryf(�;r� Case No. APPLICATION FOR RELIEF Owner's name(s) : Pacific Club of Nantucket. Inc. Mailing address: Post Office Box 1227. Nantucket. MA 02554 Applicant's Name:Same Mailing Address: Location of Lot: Assessor's map and parcel number 4231 -0133 Street Address: 15 Main Street Registry Land Ct Plan, Plan Bk & Pg or Plan File no recorded plan Date lot acquired: 1/31/1861 Deed Ref 56, 116 Zoning district RC Uses on lot - commercial: Private Club and offices MCD?no - number of: dwellings duplex_ apartments rental rooms Building date(s) : all pre-8/72? ves or C of 0? Building Permit appl'n. Nos. none Case Nos. all BoA applications, lawsuits: none 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 x if Variance, 139-30A 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 order' appealed. OK to attach addendum'. See Addendum A attached. - Items enclosed as part of this Application: order' addendum' x m m Z Locus map x Site plan_ showing present_ +planned_ structures D 6 Floor plans present proposed_ elevations_ (HDC approved?_) Z Listings lot area frontage_ setbacks_ GCR_ parking data _ n C—I Z Assessor-certified addressee list 4 sets_ mailing labels 2 sets_ 70 n 0 3 $200 fee payable to Town of Nantucketx proof' 'cap' covenant r-- ' (If an appeal, ask Town Clerk to send Bldg Comr's record to BoA.) F--� i' fl7 n I certify that the requested information submitted is substantially ,' —� C complete and true to the best of my knowledge, under the pains and I j 5 Ri penaltie ff p O p / ' kJ SIGNATUR Applicant Attorney/agent X m Melissa D. Philbrick, attorney for Pacific Club of I o7 n Nantucket, Inc. I in ' (If not owner or owner's attorney, enclose proof of authority) FOR/BoA OFFICE USE C/ Application copies rec'd: 4f,/ or for CV on2 /Z7//lr by , 1 One copy filed with Town Clerk oral, 1Vioy Lp.L) complete?v t One copy each to Planning Bd and Building Dep /ja y L $200 fee check given Town Treasurer on/3/(�,by(P') waived? Hearing notice posted/(/1 nailed ('3/ i"'I&M //g'' 3/ Hearing(s) on_/ /_ cont'd to_/_/_, /_/_ withdrawn? /_/_ Decision due by_/_/_ made /_/_ filed TC_/_/ mailed_/_/_ See related cases lawsuits other feb96/pacApp Addendum A Application of Pacific Club of Nantucket The Applicant seeks a Special Permit under Section 139-33A to permit two rooms on the first floor of the Pacific Club building located at 15 Main Street to be used not only as meeting rooms for Club members (as those rooms have been used since prior to zoning) , but also as an art gallery. In addition to the use of the first floor which is the subject of this application, the upper two floor of the building are, and have been since prior to zoning, used for offices . The lot is undersized (consisting of approximately 1650 square feet according to the assessor' s records) and the building basically fills the lot, thereby exceeding the current ground cover ratio and setback requirements . Both the lot and the structure have been in existence since prior to zoning and are validly grandfathered. No changes to the building' s footprint are contemplated. There is and has never been any parking on-site. To the extent that any additional parking or a loading space would be required as a result of the change of use requested, a waiver of those additional spaces under Section 139-18B and/or any loading space requirement under Section 139-20C is hereby requested. mdp/feb96/pclubzba A 2 a ,t , 1$ fYANT1/ CJK1ET ///}}////jj (�/////////��Yy I j}�� /��(�'�/� ////�/'/�Y7 + O C 11/^ L1..CJ iJ YU ., II•, HARBOR r 32 31 3/ 31 12 [ 13 * G1 228 f / \.. wNpP 0 77 w N ` 1031; z9 �+ z o O ..5-...k 7e ® 19 p\ ® Is z zs 0 10,11 illifill . ' 4 .1 IS 42,9 131 5of Zv'fi 1 E 0HH'0.4"DES II*4 1 of "V NOR'SN \ OOCK O r �ckF.4' 132 "SUC"�., ,oa4M`� 5 d N",M°i 138 sro' JOK• • Ii �E'� 133 137 - Hp ff NARg0` e G� Q in • 1 . 4 00 130 ' W SSRp\GN� r t 111111111) to VP� Y'\, ' .SZ RsfL1 P'' -r N 3' 213 . /'"k 2xp e 93 ^ j 1 ��.1.'C 181 F IS d Y 5l 14 X40 �fr 3 t 9e R I I I-. V' 04 p 10 W 182 0. i' ' "o",,'elti I C 7. 1"t,':'\`'"° 1 r 2 S'S 11 5 0 186 7.01 S p%-CM y.4 \4\ \g4 0 . V, r W• 01 d ii:(./ 1 . r Z E. W N O 9, A \s9 198 a n %se \• a• Z iti N v 3 2 , \49 S Y COuRf 1 0 J G 143 r \41 v EpSt34" x '�ASy/ycTO ` RRS 1 . Pk-\-Ey 44 N Si A ` 2 2. O 97 A2'2 % AMERICAN 98 LEGION 'Zd 44 1.-- a 4] 98 40 ^ /\ 39 J A. ..c s'i• / \ "