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Home My WebLink About056-96 o`aonvor,� TOWN OF NANTUCKET • BOARD OF APPEALS • 172.0 4PORAI19' NANTUCKET, MASSACHUSETTS 02554 Date: February , 1997 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. : 056-96 Owner/Applicant: ANDREA LEE AND JOHN F. OSBON 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 . b. AA 04W ,A tat, Linda F. Williams ,• Chairman ( •/ting) 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 . orNTUort;„ TOWN OF NANTUCKET Ao- 3s ZONING BOARD OF APPEALS • P • e 37 WASHINGTON STREET 04,P0ltATO NANTUCKET, MASSACHUSETTS 02554 Assessor ' s Map 42 . 3 . 1 3 Fair Street Parcel 152 . 2 Land Court Plan 12293-C Residential Old Historic Lot 4 , Cert . of Title 16 , 633 At a Public Hearing of the Nantucket Zoning Board of Appeals , held at 1 : 00 P.M. , Friday, October 4 , 1996 , in the Selectmen ' s Meeting Room, Town and County Building, Broad Street , Nantucket, MA, continued to 1 : 00 P .M. , Friday, November 1 , 1996 and to 1 : 00 P.M. , Tuesday, November 12 , 1996, on the Application of ANDREA LEE AND JOHN F . OSBON, Board of Appeals No. 056-96 , of 9 Mooers Lane, Nantucket MA 02554 , the Board made the following Decision: 1 . Applicants are seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-8B( 1 ) (Permitted Uses) to allow a commercial business to operate a community recreational facility as an accessory use on the property. Applicants propose to operate a dance and aerobics studio in the basement floor space of the dwelling with the primary use of the dwelling continuing to be for residential purposes . In addition, Applicants are seeking a SPECIAL PERMIT under Nantucket Zoning By Law §139-18B(2) and ( 3 ) (Parking Requirements ) to waive the additional nine (9) parking spaces that would be required for the commercial use. There is a parking space currently provided on site for the residential use. The premises is located at 3 FAIR STREET, Assessor ' s Map 42 . 3 . 1 , Parcel 152 . 2 , Land Court Plan 12293-C, Lot 4 . The property is zoned Residential Old Historic . 2 . The Decision is based upon the Application and materials submitted with it and the testimony and evidence received at the hearings . The Planning Board made an unfavorable recommendation stating that due to the lack of parking in the area , the use would be substantially more detrimental to the neighborhood and that no attempt by the Applicants to address the parking issue was made prior to the building of their single family dwelling. There were many members of the public, representing both abutters and interested parties , at the hearings speaking in favor and in opposition. There were also thirty-nine ( 39) letters from abutters and non-abutters, one ( 1 ) letter from the Nantucket Merchants Association, and one ( 1 ) petition with thirty-one ( 31 ) signatures , a majority of which were non-abutters , on file in opposition to the proposed project . There were also three ( 3) letters , one ( 1 ) of which from an abutter, and a petition signed by 153 individuals, a majority of which were non-abutters , on file in support of the proposal . The issues of concern to the opposition related to the traffic congestion of the area , proximate the downtown commercial zone, lack of parking, inappropriateness of this commercial use in a residential area , stating that opening the door to a commercial use could precipitate more commercial uses on the street, and possible excessive noise from loud music. Many questioned why provision of off-street parking was not planned as part of the project prior to the recent construction of the dwelling on the Lot, alleviating the need to ask for parking relief . Many felt that the Applicants should have come to this Board prior to construction of the dwelling and that the Board should be under no obligation to grant relief now that the Lot could not accommodate adequate parking for the dance studio use . Those who spoke and wrote in favor of the use stated that the Applicants were providing a community service and that many class participants rode their bikes or walked to the current studio, also located in a similar area . 3 . Applicants proposed constructing a dance studio in the basement of their single family dwelling, that would have no windows and would be sound proofed , allowing no noise to emanate from the property during dance classes . They would be using their property primarily for their residence . One ( 1 ) of the Applicants (Lee) would be teaching a maximum of twenty-five ( 25) participants three ( 3) days per week from 8 :00 A.M. to 9: 30 A.M. , with one-on-one personal training sessions at other times . They asserted that there would be minimal impact on the neighborhood as any cars that would be associated with the use would be gone by the time parking would become an issue in the downtown area in the morning . Addressing concerns about the size of the structure , Applicants stated that they did not maximize the ground cover on the Lot as the dwelling had a ground cover ratio of 30% and not the 50% they were allowed . Many of her students took the shuttle in the summer , rode their bikes or walked to her current classes and many of them were senior citizens in need of organized physical activity. She offered to provide free shuttle passes to help address neighborhood concern. Applicants ' attorney pointed out that at the current studio, located in a very congested area a few blocks from the Locus , there have been no complaints about parking, noise or use . Said attorney further stated that the Historic District Commission asked that the Lot not be paved over to provide for the requisite parking spaces , and represented that the Commission felt that multiple parking spaces would violate the visual and historic integrity of the Lot as the house was designed to replicate a previously exiting structure . 4 . Board members expressed concern about the parking problems , traffic congestion and use as well . There was also concern about the fact that there may have been an ability to provide parking on site prior to the construction of the dwelling . Two ( 2) members felt strongly that the commercial use of the basement as a dance studio in a residential district would have a significant adverse impact and be substantially more detrimental to the neighborhood and that the requested use did not fall within the scope of Nantucket Zoning By-Law §139-8B( 1 ) . Three ( 3 ) members felt that the use was permitted under the By-Law and in itself would not be substantially more detrimental to the neighborhood . Three ( 3) members felt that a waiver of parking in this; instance would not be in keeping with the intent and purpose of the Zoning By-Law, stating that , though this Board had granted parking relief in the past in the downtown area , when spaces were deemed impossible or impractical to provide, to sub-minimum lots with pre-existing non-conforming structures , this Lot was distinguished by the fact that it was neither sub-minimum in lot area nor did it contain a pre-existing structure . Further, the Lot had been vacant prior to the construction of the dwelling and parking provisions coel.d have been made. It was felt that the lack of parking would have an adverse impact on the neighborhood . 5 . Accordingly, upon a motion made and seconded to grant relief with several conditions , the Board , by a vote of two ( 2 ) (Sevrens and Leichter) opposed and three ( 3 ) (Williams , Toole and Parent) in favor , denied the requested relief under Nantucket Zoning By-Law §139-8B( 1 ) , with a minimum of four (4) votes in favor needed to grant relief . In addition , upon a motion made and seconded to grant relief under Nantucket Zoning By-Law §139-18B( 2) and ( 3) , the Board , by a vote of three ( 3 ) (Williams , Sevrens and Leichter) opposed and two ( 2 ) (Toole and Parent) in favor , denied said relief, with a minimum of four ( 4 ) votes in favor needed to grant relief . / dated : f b✓'oq7 6 , 1997 1 61-1) (4( ((A L •a W' . liams Robert . \ Leichter N'aCcy f- • en / A/ 'f and . . . e D. Neil Parent RECEIVED TOWN CLERK'S OFF iCE NANTUCK = r.n n 8.554 FEB 0 6 1997 TIME: _ !5. /9 CLERK: AS1--- 0% - (:Co ot-,pNTu Mt►r TOWN OF NANTUCKET � Y ^ TA BOARD OF APPEALS 0 424PORAII9. NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1 : 00 P.M. , FRIDAY, OCTOBER 4 , 1996 , in the Selectmen' s Meeting Room, Town and County Building, Broad Street , Nantucket , Massachusetts , on the Application of: ANDREA LEE AND JOHN F. OSBON BOARD OF APPEALS FILE NO. 056-96 Applicants are seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-8B( 1 ) (Permitted Uses) to allow a commercial business to operate a community recreational facility as an accessory use on the property. Applicants propose to operate a dance and aerobics studio in the basement floor space of the dwelling with the primary use of the dwelling continuing to be for residential purposes . In addition, Applicants are seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-18B( 2) and ( 3 ) (Parking Requirements) to waive the additional nine (9) parking spaces that would be required for the commercial use. There is a parking space currently provided on site for the residential use . The premises is located at 3 FAIR STREET, Assessor' s Map 42 .3 . 1 , Parcel 152 . 2 , Land Court Plan 12293-C, Lot 4. The property is zoned the Residential Old Historic. Michael J. O 'Ma Nc.CAwid-- , Chairman THIS NOTICE iS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. FOR ASSISTANCE CALL (.508) 228-7215 . CO1Y 134Y BOA FORM 2/89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 ASSESSOR' S LIST OF PARTIES IN INTEREST PROPERTY OWNER: a 5 Q 41 N.1 APPLICANT FOR RELIEF (SAME? Y ) :. ADDRESS OF PROPERTY: J FA \2 S` 12 �� * ASSESSOR' S MAP/PARCEL: -' - G ■ a .vti LIST OF PARTIES INCLUDING ADDRESSES * (OR SEE ATTACHED ) : SEP - 4199 I certify that the foregoing (or the attached ) lists all persons, natural or legal, who are owners of abutting property, owners of land directly opposite on any public or private street or way; and abutters of the abutters and all other land owners within three hundred feet of the property line of Owner's property, as they (and their address) appear on the most recent applicable tax list (per M.G.L. c. 40A, §11 and Zoning Code Chapter 139, §139-29D(2) ) . t; Date ( sseso 's Office Town of Nantucket /-, *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. Submitted by: Melissa D. Philbrick, Attorney Date: °lt3kab Client: 7,Wtqa OSC? J Forms/BOA ` 09/10/96 TOWN OF NANTUCKET PAGE 1 12:05:40 OWNER'S MAILING ADDRESS LIST MuAS750 8.3 Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Location 4231 0057 LAUNDRY HOWARD J & ROSE 8 0009 LIBERTY ST 0009 LIBERTY ST NANTUCKET MA 02554 4231 0114 FLANAGAN CHARLES E & RUTH ANN PO BOX 307 0005 LIBERTY ST C/0 STOVER CATHERINE NANTUCKET MA 02554 4231 0157 MCGUIRE EUGENE G & RICE C A TR THISTLE LN 0001 LIBERTY ST ONE LIBERTY STREET NOMINEE TRU RYE NY 10580 4231 0115 FLANAGAN CHARLES E & RUTH ANN BOX 214 0005 ROSE LN NANTUCKET MA 02554 4231 0158 GOLD PAULA W 0695 ATLANTIC AVE 0003 ROSE LN C/O PLYMOUTH ROCK ASSURANCE CO BOSTON MA 02111 4231 0201 HESS WALTER R TR PO BOX 359 0020 CENTER ST SHERBURNE ASSOCIATES R T NANTUCKET MA 02554 PO BOX 359 0014 CENTER ST SHERBURNE ASSOCIATES R T NANTUCKET MA 02554 4231 0203 WINTHROP NANTUCKET 2 REALTY TR PO BOX 359 0007 CENTER ST C/O SHERBURNE ASSOCIATES NANTUCKET MA 02554 BOX 359 0009 CENTER ST C/O SHERBURNE ASSOCIATES_ NANTUCKET MA 02554 •..ti31- ULU34 UTATHROP NTUCKET 2 LEA TY TR PO 80X 359 0013 CENTER ST C/0 SHERBURNE ASSOCIATES NANTUCKET MA 02554 4231 02033 TIMMS NIGEL JOHN & ANN R TEASD PO BOX 157 0015 CENTER ST NANTUCKET MA 02554 4231 02034 MINUCCI ALBERT E & JUDITH A TR PO BOX 194 0017 CENTER ST MINUCCI NOMINEE TRUST BARNSTABLE MA 02630 4231 02035 FRAZIER ELIZABETH P 0048 DENOLF AVE 0019 CENTER ST NANTUCKET MA 02554 R 7R PO BOX 359 0005 CENTER ST SHERBURNE ASSOCIATES R T NANTUCKET MA 02554 4231 0221 CONGDON & COLEMAN INSURANCE AG PO BOX 1199 0057 MAIN ST NANTUCKET MA 02554 4231 0223 BROCK BUILDING TRUST BOX A 0053 MAIN sr NANTUCKET MA 02554 4231 0224 COFFIN GRACE L TR PO BOX 1881 0051 MAIN ST COFFIN NOMINEE TRUST NANTUCKET MA 02554 4231 0206 DROHAN DAVID H TR PO BOX 868 0047 MAIN ST C/O TULLO J NANTUCKET MA 02554 4231 0207 BELL ALLAN D & BONITA L PO BOX 1056 0045 MAIN ST NANTUCKET MA 02554 4231 0199 NANTUCKET UNITED METHODIST CHU PO BOX 246 0002 CENTER ST NANTUCKET MA 02554 4231 0056 CARLISLE HENRY COFFIN JR & MIL 3221 GARFIELD ST NEW 0075 MAIN ST WASHINGTON DC 20008 4231 0113 FLANAGAN ROBERT N 0033 BEACON HILL RD 0004 LIBERTY ST PT WASHINGTON NY 11050 4231 0227 RUBIN JEFFREY S & CYNTHIA A PO BOX 1078 0073 MAIN ST SOUTHPORT CT 06490 4231 0155 APPLEY MARIANN H UNIT N 606 0069 MAIN ST 221 MT AUBURN STREET CAMBRIDGE MA 02138 4231 0198 PACIFIC NATIONAL BANK PO BOX 1850 0065 MAIN ST NANTUCKET MA 02554 6 3i________O49 PO BOX 1850 0065 MAIN ST NANTUCKET MA 02554 JJJ Jvr i r\VI'1 r J 09/10/96 TOWN OF NANTUCKET PAGE 2 12:05:40 OWNER'S MAILING ADDRESS LIST MUAS750 8-3 Map Btock Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Location 4231 0055 JONES HARVEY C JR 8 BARBARA TR 2121 WAVERLEY ST 0078 MAIN ST PALO ALTO CA 94301 4231 0111 PETERS SHIRLEY M TRUSTEE 17 FAIR ST 0076 MAIN ST THE PETERS NOMINEE TRUST NANTUCKET MA 02554 4231 0017 FAIR ST 076R MAIN ST NANTUCKET MA 02554 4231 0109 FOLEY ELLEN M 250 SOUTH OCEAN BLVD 0074 MAIN ST BOLA RATON FL 33432 4231 0054 DEJONGE ALICE G ETAL 0103 PROSPECT ST 0009 RAYS CT FITCHBURG MA 01420 4231 0053 MCHUGH JEANNE M ETAL 0005 RAYS CT 0005 RAYS CT NANTUCKET MA 02554 4231 0052 LORD RACHEL 0705 FOUNTAIN AVE 0003 RAYS CT LOUISVILLE KY 40222 0705 FOUNTAIN AVE 0001 RAYS CT LOUISVILLE KY 40222 4231 0152 WYTRZES WAYNE 0079 RICE RD 0072 MAIN ST WAYLAND MA 01778 0079 RICE RD 0001 FAIR ST WAYLAND MA 01778 4231 0108 WALKER MARY P 0005 FAIR ST 0005 FAIR ST NANTUCKET MA 02554 4231 0050 NANTUCKET HISTORICAL ASSN PO BOX 1016 0007 FAIR ST NANTUCKET MA 02554 4231 0196 MURRAY REAL ESTATE TRUST PO BOX 839 0062 MAIN ST C/O MURRAY PHILIP C TR NANTUCKET MA 02554 423 T PO BOX 839 0060 MAIN ST C/O MURRAY PHILIP C TR NANTUCKET MA 02554 4231 02191 HOLLAND HUDSON JR PO BOX 368 058A MAIN ST NANTUCKET MA 02554 4231 02192 HOLLAND HUDSON JR PO BOX 368 0588 MAIN ST NANTUCKET MA 02554 4231 PO BOX 368 0580 MAIN ST NANTUCKET MA 02554 423 PO BOX 368 0580 MAIN ST NANTUCKET MA 02554 4231 PO BOX 368 058E MAIN ST NANTUCKET MA 02554 4231 0195 LOCHTEFELD JOHN f 8 JUDITH R T 0072 OREGON RD 0004 FAIR ST FOUR FAIR ST NOMINEE TR PEEKSKILL NY 10566 4231 0151 PAWLEY FREDERIC A 0006 FAIR ST 0006 FAIR ST NANTUCKET MA 02554 4231 0107 COLETTI ELLEN BREEN 5003 DUNVEGAN RD 0008 FAIR ST LOUISVILLE KY 50222 4231 0149 BYERS PAMELA LYNN 0005 ORANGE ST 0005 ORANGE ST NANTUCKET MA 02554 4231 0150 DOYLE CATHERINE & CHARLES & PO BoX 401 0009 ORANGE ST KULIN LAURA NANTUCKET MA 02554-0401 4231 0106 UNITARIAN CHURCH RECTORY Po BOX 1023 0010 FAIR ST NANTUCKET MA 02554 BOX 1023 0011 ORANGE ST NANTUCKET MA 02554 ` 09/10/96 TOWN OF NANTUCKET PAGE 3 12:05:40 OWNER'S MAILING ADDRESS LIST MUAS750 8.3 Map Block Lot Owner's/CD-Owner's Name Mailing Address/City State zip Property Location 4231 0049 ST PAULS EPISCOPAL CHURCH Po BOX 278 0014 FAIR ST NANTUCKET MA 02554 4231 0048 *MESDAG LISA ANN 61350 BAD HOMBURG 0013 ORANGE ST HEINRICH-VON-KLEIST STRASSE 30 GERMANY 4231 0193 BEMAN MARY H 0054 MAIN ST 0054 MAIN ST NANTUCKET MA 02554 4231 PO BOX 368 0050 MAIN ST NANTUCKET MA 02554 4231 0191 CAULEY PATRICK & LORINDA B 1148 MUSEUM MILE x11-A 0048 MAIN ST NEW YORK NY 10128-0807 4231 0190 FRANCIS INGRID A M PO BOX 1278 0046 MAIN ST NANTUCKET MA 02554 4231 0194 NANTUCKET INSTITUTION FOR SAVI PO BOX 988 0002 ORANGE ST NANTUCKET MA 02554 4231 0104 *ANDREWS GEORGE E & BARBARA P & 0001 YORK ST 0008 ORANGE ST JAMES CLINTON NANTUCKET MA 02554 4231 0103 *TAPPER CHARLES 250 SOUTH OCEAN BLVD 0010 ORANGE ST BOCA RAYON FL 33432 4231 0047 GUNTHER MARGOT W 0107 E 63 ST 0012 ORANGE ST NEW YORK NY 10021 4231 0046 RAND GERHARD A & LISA TRUSTEES 1200 SOUTH FLAGLER DR 0014 ORANGE ST RAND FAMILY NANTUCKET NOMINEE WEST PALM BEACH FL 33401 4232 0001 HARRIS DONALD C & BEVERLY 0625 LOWER LN 0008 RAYS CT BERLIN CT 06037 4232 0002 *SYLVIA RICHARD $ & ROBERTA F PO BOX 1049 0006 RAYS CT NANTUCKET MA 02554 4232 0003 LORING LINDA PO BOX 1359 0004 RAYS CT NANTUCKET MA 02554 4232 00041 HOLMES LEE & VICTORIA 0009 FAIR ST 0001 MOOERS LN NANTUCKET MA 02554 4 0009 FAIR ST 0009 FAIR ST NANTUCKET MA 02554 4232 0061 BEINECKE WALTER III 0003 MASCONOMO ST 0009 MOOERS LN MANCHESTER MA 01944 4232 0062 MORRISON ELIZABETH S TR PO BOX 9767 0007 MOOERS LN ARNOLD MO 21012 4232 0005 ST PAULS EPISCOPAL CHURCH 80X 278 0016 FAIR ST NANTUCKET MA 02554 BOX 278 0018 FAIR ST NANTUCKET MA 02554 M BOX 278 016R FAIR ST NANTUCKET MA 02554 4232 0013 ROTANDO LYNN A 0047 SEPTEMBER LN 0015 ORANGE ST WESTON CT 06883 4232 0012 HOWE VIRGINIA L ETAL 0017 ORANGE ST 0017 ORANGE ST NANTUCKET MA 02554 4232 0011 HALSTEAD WILLIAM B & MARTHA J 0415 SUNSET DR 0019 ORANGE ST GREENSBORO NC 27408 4232 0010 CROWE ROBERT B TR 0030 BLACK HOUSE LN 0021 ORANGE ST ORANGE REALTY TRUST COHASSET MA 02025 4232 0009 MCKNIGHT LEILA LAUGHLIN 3900 CATHEDRAL AVE NW 0023 ORANGE ST WASHINGTON DC 20016 1 G.C3 1 J-.22:7 1 1 _.-J.�r-I I r nui,i I--. 09/10/96 TOWN OF NANTUCKET PAGE 4 12;05:40 OWNER'S MAILING ADDRESS LIST MUAS750 8.3 Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Location 4232 0008 WILLER PAUL E & GUARINO PETER 0025 ORANGE ST 0025 ORANGE ST NANTUCKET MA 02554 4232 0060 BROUGHAM JOHN H & PATRICIA T 0051 FRESH POND PKWY 0006 PINE ST CAMBRIDGE MA 02138 4232 0063 KIENDL PHILIP R & AUDREY PO BOX 817 0011 FAIR ST NANTUCKET MA 02554 4232 0125 HEARD MARY G 11 WELCH ROAD 0003 SCHOOL ST BOSTON MA 02146 4232 0128 *WOLFE RICHARD C BOX 10 0001 SCHOOL ST KILMARNOCK VA 22482 4232 0064 THE SHIPS INN NANTUCKET 0013 FAIR ST 0013 FAIR ST LIMITED PARTNERSHIP NANTUCKET MA 02554 4232 0129 VAUGHAN EDWARD FOLEY PO BOX 659 0015 FAIR ST NANTUCKET MA 02554 4232 0066 JELLEME HOWARD M & PAMELA TRST PO BOX 1550 022- FAIR ST NANTUCKET MA 02554 4232 0067 POLSTER MAX A & JOANNE F 705 41ST STREET 022R FAIR ST BROOKLYN NY 11232 4232 0130 JELLEME HOWARD M & PAMELA TRST PO BOX 1550 0022 FAIR ST NANTUCKET MA 02554 4234 0024 CARLISLE HENRY COFFIN JR & MIL 3221 GARFIELD ST NW 0011 LIBERTY ST WASHINGTON DC 20008 4234 0067 NEWHOUSE NANCY ANNE TR PO BOX 164 0015 LIBERTY ST NANTUCKET MA 02554 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