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HomeMy WebLinkAbout027-96 0E1 1(0 0`'a"T ire,, TOWN OF NANTUCKET • �a BOARD OF APPEALS sc %PoRA760. NANTUCKET, MASSACHUSETTS 02554 Date: June 26 , 1996 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. : 027-96 Owner/Applicant: JOSEPH V. ARNO 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 . 0.),\C cf-r0 Michael J. 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 APPEALS . NANTUCKET ZONING BOARD OF APPEALS South Beach Street Nantucket, Massachusetts 02554 Assessor' s Map 42 . 2 .4, Parcel 18 Lot G, L.C. Plan 8594-C; 27 Easy Street Lot 1, L.C. Plan 8594-D Residential-Commercial Certificate of Title . No. 869_: DECISION: 1 . At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, May 3 , 1996, at 1 : 00 P.M. , in the Selectmen' s Meeting Room, in the Town and County Building, Broad Street, Nantucket, Massachusetts, the Board made the following decision on the application of JOSEPH V. ARNO, c/o Reade & Alger Professional Corporation, Post Office Box 2669, Nantucket, Massachusetts 02584 , File No. 027-96 : 2 . The applicant seeks a MODIFICATION of the SPECIAL PERMIT; issued in Board of Appeals File No. 028-93 granting relief by Special Permit under Nantucket Zoning By-Law §139-183 (parking requirements) ; under §139-33A (off-street loading zone requirements) ; and under §139-33A (alteration/expansion of a pre- existing non-conforming structure/use) . The applicant now proposes to move the existing structure from the site in its entirety, or to demolish it, and to construct a new structure; substantially the same as that approved under the existing relief, in the same footprint . Due to soil conditions, the approved renovation arguably cannot be conducted as originally planned. The applicant further requests a SPECIAL PERMIT under Nantucket Zoning By-Law §139-183 to waive two (2) additional parking spaces required to allow a portion of the property to be used in connection with the rental of small boats, kayaks, or similar vessels . The subject property (the "Locus" ) is located at 27 EASY STREET, Assessor' s Map 42 .4 . 2, Parcel 18 , consisting of the land shown on Land Court Plan 8594-C as Lot G, and the land shown on Land Court Plan 8594-D as Lot 1 . The Locus is zoned RESIDENTIAL-COMMERCIAL. 3 . Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. There was no recommendation from the Planning Board. There were several letters in opposition received and presented at the public hearing. 4 . By special permit issued in File No. 028-93 , the Board granted the Applicant a waiver of up to 16 parking spaces and waived the loading zone otherwise required to allow the alteration and expansion of the structure to include a tota:_ ground cover of up to 2, 450 square feet with two retail spaces on the first floor and two dwelling spaces on the second floor. The Applicant timely secured a building permit for the work contemplated thereby, and timely commenced work thereunder. At the public hearing in the present case, the Applicant represented 1 that after the commencement of this work, it was discovered that the soil of the site would not support the planned foundation. Accordingly, the Applicant now seeks relief to allow the wort allowed by the special permit granted in File No . 028-93 to be done by demolition and reconstruction of the structure in the same dimensions allowed by the Board in that case . 5 . By a vote of four members (O'Mara, Williams, Leichter and Hourihan) in favor, and one (Balas) opposed, the Board found that the proposed removal or demolition of the existing structure and construction, substantially the same as that approved under the existing special permit in File No. 028-93 , is in harmony with the general purpose and intent of the By-law, and will not be substantially more detrimental to the neighborhood than the existing or permitted structure and uses and GRANTED the MODIFICATION of the SPECIAL PERMIT, subject to the following conditions, to allow the structure to be demolished or removed and a new structure, substantially the same as that approved under the Special Permit (File No. 028-93) to be constructed . The new structure shall have two retail spaces on the first floor and two dwelling units on the second floor. 6 . The relief hereby granted is subject to the following conditions : (a) There shall be no more than two (2) dwelling units on the second floor. (b) One of the dwelling units shall be restricted to use for owners, managers or employees of one of the retail units on the first floor. (c) There shall be no more than two (2) retail and/or office spaces on the first floor. No food service establishments or real estate offices shall be permitted. (d) One (1) on-site parking space shall be required. (e) No employees, managers, owners or tenants of the property shall apply for or be eligible for residential parking permits issued by the Town of Nantucket as a result of their employment or residence on the site . (f) No loading area shall be required. (g) Special Permit relief from sixteen (16) parking spaces has been granted. (h) No delivery trucks shall make deliveries to the site for a period from one-half (%) hour before to the scheduled departure time of the next ferry from the Woods Hole, Martha' s Vineyard and Nantucket Steamship Authority. 2 (i) The total ground cover (as defined by the Nantucket Zoning By-law) of the structures on the site shall not exceed 2, 450 square feet . (j ) The alterations shall be in substantial conformity with the plans submitted with File No. 028-93 . (k) As voluntarily offered by the Applicant, no exterior construction shall be conducted during the period of May 15 to October 20 in any year. 7 . By UNANIMOUS vote, the Board denied the requested waiver of two additional parking spaces to enable rental of boats , kayaks or similar vessels . . ' Dated: c�Une,�, 1996 ') J\k/ Mich-e O'Mara a26 RECEIVED Linda F. Williams TO NAN ,Ace CKET, 'MA O02554 JUN 26 1996 ./ Bil .s TIME: VLs4A 'obert J. ei ter' CLERK: � , to „r A William P. Hourihan Jr. f:\wp\arno\27easyst\02796boa.dec 3 ,-. 7. r 4 --4\ S cesm, _ �� gEP'OH < ~ $ �' I ' _'' g O 0 t H i f ...r y v1 AY `-- = s » 1 •a G O 0,0 0.1, . 9 i- tt .0.b. --F to Z. )1gae ,. ,.: F A 73 ...2, ,.., to r .. l� �\ E n y J 11"9 'O' -2-' : Z 09 _ ^ v � � y PS n G EASY STREET in N a 0 ?}s. 1I !• s N O��PO ~ � C w_____ vu a - e„ o s N GRID NORTH - '� . . t 4110 V; . MASSACHUSETTS COORDINATE 1 :f/ s SYSTEM �, ISLAND ZONE I f a n \ f ° \----\:3. , . s 0 1 .. d 80080 a0at,II m \---\ MVO x gi 19 i:::: : 7�a o `v sa eN o o . a" . � ti 0 A N \ I E 311,000 - -- *Oonvorel. TOWN OF NANTUCKET ' BOARD OF APPEALS • • 4'900.09• NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1 : 00 P.M. , FRIDAY, MAY 3 , 1996, in the Selectmen' s Meeting Room, Town and County Building, Broad Street , Nantucket, Massachusetts , on the Application of the following: JOSEPH V. ARNO BOARD OF APPEALS FILE NO. 027-96 Applicant seeks a MODIFICATION of the SPECIAL PERMIT issued in Board of Appeals File No. 028-93 granting relief by Special Permit under Nantucket Zoning By-Law §139-18B (parking requirements) ; under §139-20C (off-street loading zone requirements) ; and under § 139-33A (alteration/expansion of a pre-existing non-conforming structure/use) . Applicants now propose to move the existing structure from the site in its entirety, or to demolish it, and a new structure, substantially the same as that approved under the existing relief, be constructed in the same footprint. Due to soil conditions, the approved renovation arguably cannot be conducted as originally planned. Applicant further requests- a SPECIAL PERMIT under Nantucket Zoning By-Law §139-18B-to waive two ( 2) additional parking spaces required to allow a portion of the property to be used in connection with the rental of small boats, kayaks , or similar vessels . The premises is located at 27 EASY STREET, Assessor ' s Map 42 .4 . 2 , Parcel 18 , as shown on Land Court Plan 8594-C as Lot G, and on Land Court Plan 8594-D as Lot 1 . The property is zoned Residential-Commercial . C/tAA 0 a 1` Michael J. ra , 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 61,1? 7(0 No. APPLICATION FOR RELIEF Owner's name(s) : Joseph V. Arno Mailing address: c/o Reade & Alger Professional Corporation. Six Young's Way, P. O. Box 2669, Nantucket, MA 02584 Applicant's name: Same as above Mailing address: Same as above Location of lot: Assessor's map and parcel number 42.4.2-n Street address: 27 Easy Street Registry Land Ct Plan, Plan Elk & Pg or Plan File 8594-C Lot G: 8594-D. Lotl Date lot acquired: a/1/ 9. Cert. of Title 8693 Zoning district $r Uses on lot - commercial: None _ or one retail store MCD? _ - number of: dwellings 1 duplex_ apartment°_ rental room°_ Building date(s) : all pre-8/72? Yes or C of 0? X Building Permit appl'n Nos. 12017-95 Case Nos. all BoA applications, lawsuits: 012-85. 28-89, 28-93 A —I r 33 d m Z State fully all zoning relief sought and respective Code sections 71 D and subsections, specifically what you propose compared to present Z and what grounds you urge for BoA to make each finding per Section D i Z IU 139-32A _ if Variance, 139-30A L if a Special Permit (and 139-33A I () rn _ if to alter or extend a nonconforming use) . If appeal per 139-31A & B attach decision or order' appealed. OK to attach addendum2 I I." 0 Y XT! See Addendum. DO Cfl rn 1) Items enclosed as part of this Application: order' addendum2 X i7 Locus map X Site plan X showing present X + planned _ structures �1 Floor plans present _ proposed X elevations X(HDC approved? Yes) J1 () Listing lot area _ frontage _ setbacks _ GCR _ parking data _ m 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 BOA.) 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. SIGNATURE: .,,4./ir,G Appli ant _ Attorney/agent X 3(If not owner or owner's attorney, enclose proof of authority) FOR BoA OFFICE USE ,r� Application copies rec'd: 4 V oA or for o on CI / K9- by Ig( " One copy filed with Town Clerk on -9r/ ft/ by complete? One copy each to Planning Bd and Building De.t /(Z by 112‘.,e) $200 fee check given.Tf wn)T surer on L ,` r$ey waived? Hearing notice posted -C/L-1 mailed //(L e & M If P, ie— Z1/ (Q Hearing(s) on / / cont'd to / / , / / withdrawn? / / Decision due by _/ / made _/ / filed TC / / mailed _/ /_ See related cases lawsuits other f.\wp\arno\27easyst\boaappl.doc Addendum to Application of Joseph V. Arno Applicant seeks to modify the Special Permit issued in Board of Appeals File No. 028-93 granting relief by special permit from parking requirements under By-law Section 139-18B, off street loading requirements under By-law Section 139-20C and under By- law Sections 139-30A and 139-33A, in order to permit the existing structure to be moved from the site in its entirety, or demolished, and a new structure substantially the same as that approved under the existing relief be constructed in the same foot print . While performing the work permitted by the Special Permit granted by this Board by the decision in Case No. 028-93 , an underground storage tank was discovered. During the removal process, it was determined that the soil of the site, which is composed of fill, would not support the intended foundation, but instead requires a driven pile foundation. A pile foundation cannot be installed without removing the existing structure . Applicant further requests the waiver of two additional parking spaces required under By-Law Section 139-18B to allow a portion of the property to be used in connection with the rental of small boats, kayaks, or similar vessels . f:\wp\arno\27easyst\boaappl.add %ry 1 I 1 !t .ri �"� 1 ' :,oi,�• „?• r i TOWN Or NANTUCKET , •.�;�c. BOARD OF APPEALS • .r"i'!"' .`:i:' l0 SOUTH BEACH STREET {,V 'F'�• MA 02554 %?;h f+�y M'js••rl ' ;::;11'..' NANTUCKET, 1 !tr`1ri { • All 27 Easy Street . S •»••1• Map 424.2• Parcel 1t3 Cert. 8693 ;r; i�';. - 1 :fit . 4., RC .. At , ,..1 Y• . l,,r fa::• ({; y ii.,,..e . 1∎411 l !:00 i ;%‘:'AIM..., Q,: g g Appeals held at 00 PM, .:1.-.-;%t:,Iy 'titer, if�.�. ,� ; At a public Hearin of the Lonin Board`ofn 13 1993 in the Town and � ri 0.i• ' Friday, March 5, 1993 and continued to Tuesday, p licatron of Joseph�v, {i ..' ;! 'r, I`,. County Building. Brood Street, Nantucket, MA on the app 0' i" .7: • Arno. owner and Edward N. McPherson of One Snow Road. ttMarrsoa(� made •••5(s.y1: r ;;i 02050. contract purchaser. Board of Appeals File No. 020-93. :;'(F t. P the following DECISION: r� ,v'• ;.t.:.:/..11' �'r ���>'� {'i • 1. Applicant • is seeking relief by Special Permit under Section 139-1tSB. • "'''r!' 139 20C and 139-33A to allow the alteration and extension of a structure and its `,;'.:;!:•11, t)il,r Applicant proposes to alter the existing building and uses to two (2) ' .i•'�`,• ;, _ dses• App retail spaces with a waiver of up to 1G parking 1 .,,„ dwelling units and three (3) P ,.�, �'=�'�;i';,I:: spaces and a waiver of the loading zone •: -• .t. 424.2. at 27 Easy Street. Assessor's Map . The premises are located Y ;,r)" i;;1{ ! Parcel 1 f1. The property is zoned RC. _.4r :IV,. � ; !.;-1- 2. The decision is based upon the Application and materials submitted Fa }V with it. the testimony and evidence presented at the hearing. letters and �. t'L1J r i �;i: testimony from neighbors in opposition to the application. There was no ,r'!-' recommendation from the Planning Board ,- :� i}�1t ,": 3. The evidence presented by the Applicant showed the previously t • existing permitted use of a dwelling and the current use of a portion of the first yF. a,i• floor as a retail space. a ,• '. 4. The proposed change will increase the ground cover of the first floor £. •�, which will not violate setbacks or ground cover. Second boor Irvuiq area and pia t;::. f pp{ decks will be added as shown on Nhc plans submitted. r„ 5. The renovations will enable the Applicant to bring the building into Yi'( li;- .. .y:�,„•. compliance with applicable codes for hie. health and safety, and v:ill provide • 1 g•-•:. handicapped access. ';,)' A:•,:.. ;j '...`'•' t S�sr' I. 1. .}.i.v ”