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Home My WebLink About060-96 0 (p 0 - (D ogruc re TOWN O F NANTUCKET o� 1t N o -_�,-.M, BOARD OF APPEALS yc si.I Z ': �APaRA7E0.. NANTUCKET, MASSACHUSETTS 02554 Date: November a2-', 1996 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. : 060-96 Owner/Applicant : MARY A. GLIDDEN, OWNER AND FOR PETER K . HURD AND ANNETTE M. HURD, CONTRACT PURCHASERS 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 . / r ' ... Micha - 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) ; §139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEAL`- . TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 Assessor ' s Map 42 . 3 . 1 7 Easy Street Parcel 17 Land Court Plan 37749-A Residential-Commercial Cert . of Title 14, 302 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1 : 00 P.M. , Friday, November 1 , 1996 in the Selectmen ' s Meeting Room, Town and County Building, Broad Street , Nantucket , MA , the Board made the following Decision on the Application of MARY A. GLIDDEN, OWNER AND FOR PETER K. HURD AND ANNETTE M. HURD, CONTRACT PURCHASERS, c/o Keith Yankow, P .O. Box 675 , Nantucket , MA 02554, Board of Appeals File No . 060-96 : 1 . Applicants (Hurd) are seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-33A (alteration/expansion of a pre-existing non-conforming use/structure) . Applicants propose to alter a said to be pre-existing structure/use by constructing a second floor addition of 140+ square feet and a second floor deck that will not increase the existing ground cover ratio of 43+/ ( 807+ square feet) . Applicants further propose to alter the use of the first floor space from residential/office use to residential/retail use by changing office space to two ( 2) retail units with a maximum of three (3 ) employees on site at peak shift . A portion of the first floor space will be used in conjunction with the second-floor residential apartment . The Locus is non-conforming as to lot size, having a lot area of 1 , 896+ 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 within the required five-foot westerly and easterly side yard and northerly rear yard setback areas; and as to parking and loading zone requirements having provided no spaces in the past (none are planned ) . Applicants also seek a SPECIAL PERMIT under Nantucket Zoning By-Law §139-18B for a waiver of six (6) parking spaces and a SPECIAL PERMIT under Nantucket Zoning By-Law §139-20 ( loading zone requirements) . The premises is located at 7 EASY STREET, Assessor ' s Map 42 . 3 . 1 , Parcel 17 , Land Court Plan 37749-A. The property is zoned Residential-Commercial . 2 . The Decision is based upon the Application and materials submitted with it , and the evidence and testimony presented at the Hearing. The Planning Board had no objection to the grant of relief but recommended that only one ( 1 ) retail unit be permitted . There was one ( 1 ) letter from an abutter in opposition on file that expressed concerns about increasing the intensity of commercial use in the area and about the limited parking available . He did not want cars to park on his property which is immediately adjacent to the subject lot . An attorney, representing the aforementioned abutter , was preset at the Hearing to express her client ' s objections . An affidavit was presented from the current owner stating that the property had been used consistently, since a time prior to the 1972 enactment of the Zoning By-Law for commercial and residential purposes without a three ( 3 ) year lapse of commercial use . 3 . Applicants propose to change 565+ square feet of the first floor space from office to two ( 2 ) retail units with the remaining 135+ square feet of first floor space to be allocated to the dwelling unit on the second floor . Applicant further requests that they be able to change the use from office to retail and vice versa depending on the tenant without coming back to this Board each time , so long as the required parking spaces do not exceed what is addressed by this Application. Applicants represented that no parking or loading zone have ever been provided on site and that there is a designated loading zone for possible deliveries proximate the site that services most of the commercial stores in the immediate area . 4 . The Board finds that the grant of relief to change use office to retail use, with one ( 1 ) dwelling unit on the property, and waiver of the off-street parking and loading spaces , would not be substantially more detrimental to the neighborhood than the existing non-conformities and that it would be in harmony with the purpose and intent of the By-Law. The property has been used for a combination of commercial and residential uses since a time prior to the enactment of the Zoning By-Law and no parking or loading zone can be physically provided on site . The Board expressed concern about the intensity of use on the site with two ( 2 ) retail units on the first floor and felt that there should be one ( 1 ) unit in such a small space . The second floor expansion of the premises would be in keeping with the surrounding structures and the Board finds that the upward expansion of the structure, with the addition of a second floor deck, would not be substantially more detrimental to the neighborhood provided that the structure come no closer to the side yard setback lot lines and there be no increase in the non-conforming ground cover ratio . 5 . Therefore , by a vote of four (4) in favor (Williams , Waine , Leichter and Hourihan) and one ( 1 ) opposed (Sevrens) , the Board GRANTS the requested relief under Nantucket Zoning By-Law §139-33A, §139-18B and §139-20 , allowing the alteration of the use and structure substantially as proposed and waiving up to six (6) parking spaces and the loading zone requirement , subject to the following conditions: a . There shall be only one ( 1 ) (up to 565+ square-foot) retail ( 1 ) unit on the first floor with one ( 1 ) dwelling unit on the second floor (with 132+ square feet of first floor space being allocated to the second floor dwelling unit) ; b. There shall be no direct commercial access onto the abutting Old North Wharf property to the east and no parking by any tenants, owners or customers of the subject property; on the abutting property; c . The change in use of the property from office to retail and vice versa shall be permitted without further relief from this Board provided that any use of the property shall not require greater than six (6) parking spaces which have been waived under this permit; d . There shall be no more than three ( 3) employees on site at one time at peak shift; and e . The floor plan shall be in substantial conformance, but showing only one ( 1 ) retail unit on the Locus , with the plan submitted with the Application and clone by Applicants ' designer , Chip Webster and Associates and dated September 27 , 1996 and on file at the Board of Appeals . Dated : November , 1996 LI O Lind- lliams ' . .er J . Leich Dale . Waine \rfl William Hourihan 1 C vc,- - Nancy J . �Sevrens RECEIVED TOWN CLERK'S OFFICE NANTUCKET MA 02554 NOV,2 2 1996 TIME: —f 3c ex, CLERK: -- +rT"%Mty, TOWN OF NANTUCKET • Y_ � *, BOARD OF APPEALS 0 ORA(I ' NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1 : 00 P.M. , FRIDAY, NOVEMBER 1 , 1996 in the Selectmen' s Meeting Room, Town and County Building, Broad Street , Nantucket, Massachusetts , on the Application of: MARY A. GLIDDEN, OWNER AND FOR PETER K. HURD AND ANNETTE M. HURD, CONTRACT PURCHASERS BOARD OF APPEALS FILE NO. 060-96 Applicants (Hurd) are seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-33A (alteration/expansion of a pre-exiting non-conforming use/structure) . Applicants propose to alter a said to be pre-existing structure/use by constructing a second floor addition of 140+ square feet and a second floor deck that will not increase the existing ground cover ratio of 43+% (807+ square feet) . Applicants further propose to alter the use of the first floor space from residential/office use to residential/retail use by changing office space to two (2 ) retail units with a maximum of three ( 3) employees on site at peak shift . A portion of the first floor space will be used in conjunction with the second-floor residential apartment . The Locus is non-conforming as to lot size, having a lot area of 1 , 896+ 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 within the required five-foot westerly and easterly side yard and northerly rear yard setback areas; and as to parking and loading zone requirements , having provided no spaces in the past (none are planned) . Applicant also seeks a SPECIAL PERMIT under Zoning By-Law §139-18B for a waiver of six (6) parking spaces and a SPECIAL PERMIT under Nantucket Zoning By-Law §139-20 ( loading zone requirements) . The premises is located at 7 EASY STREET, Assessor ' s Map 42 . 3 . 1 , Parcel 17 , Land Court Plan 37749-A. The property is zoned ResidentiRE tIVE®rcial . TOWN CLERK'S OFFICE NANTUCKET MA 02554 OCT 16 1996 i TIME: i /&C Gad C Michael J. 0' ra , Chairman (-&- 1- N^ -F&E ILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. FOR ASSISTANCE CALL (508) 228-7215• BoA Form 1-89 NANTUCKET ZONING BOARD CI' APPEALS G�43e1 o? 199 TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 CASE No. l -JV APPLICATLON FOR RELIF=, C•rer's name(s) : Mari A. G t le,r\ Mailing address: %�o I0.i1k ..) ?0 gJx_SZ �r--,--_— Applicant' s name: Peke( . l-Ai,r4 Q„Ae i JL - CsA -c r0■c1e(S Mailing address: \l/0.nca.,.> PO tJ < to7i Location of lot: Asses m sor's map and parcel nuber4{23I- 17 Street address: 7 Ea�S S4-ree'- Registry Land Ct Plan, Plan Bk & Pg or Plan File 37 7q 9-/-} Lot Gaut: 1i, 302- C Date lot acquired: (7.../Z1/f1 Deed Ref _ Zoning district le Uses on lot - commercial:' None — or QemL ES(zlc exoLer-j a'gc-C MCD? Air) - number of: dwellings duplex apartm.entsl rental rooms Building date(s) : all pre-8/72? Yo or C of 0? N0 Bcilding Permit appl 'n. Nos. Case Nos. all BoA applications, lawsuits: 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 if Variance, 139-30A ZC if a Special Permit (and 139-33A. x if to alter or extend a nonconforming use If appeal per 139-3A & B _ , attach decision or order appealed. OR to attach addendum . See Adle-.1� .^ Ite^.s enclosed as part of this Application: order'- addendom2 ✓ Locus map ✓ Site plary ✓ showing present ✓ +planned structures Floor plans present ✓proposed ✓ elevations ✓ (HOC approved? Listings lot area ✓ffrontage — ssetbacks -/ GCR ✓ marking data Assessor-certifie3 addressee Mist 4 sets ✓ maliFig labels 2 sets $200 fee payable to Town of Nantucket / proof" 'cap' covenant an appeal, ask Town Clerk to send Bldg Com s record to BoA. ) I certify that the requested information submitted is substantially complete and t-•e t• the best %f my knowledge, under the pains and penalties u),, SIGNATURE: /„,� Applicant Attorney/agent x ' (If not owner or own-r's attorney, enclose proof of authority) FOR BoA OFFICE USE n xr1 Application copies rec'd: 44O or /)for BoA or. 0� �( by l l/ ) One copy filed with Town Clerk on �'�/ Qbv ki---);;yyc��ompl/ewe One copy each to Planning Bd and Building Dept /4 4gy $200 fee check given)) Town Treasurer /on/4//(O/ y / Hived? Cam/ :Hearing notice poste¢1k/�?4mailed G )/n/ I & tiP�/ lQ !i (fir Hearing(s) on / / cont'd to / / , / / withdrawn? / Decision due by / / mado / / filed TO „,ailed See related cases lawsuits other Board of Appeals, Addendum to Application of Peter K. Hurd and Mary M. Hurd 7 Easy Street Case No.96- Applicants, contract vendees,s�seek Special Permit under Sections 139-30 and 33A to allow an alteration to the s t rC 1210 low a change in use to the first floor from residential/office to retai �ie�pre i s.1 - located in Residential/Commercial zoning district inside the core district at 7 Easy Street, Assessors Map 42.3.1, Parcel 17, as shown on Land Court Plan 37749-A. The building is situated on a 1,896 square foot lot and encroaches within the five foot side and rear set-back requirements. There is no off-street parking or loading available on the premises, although such customarily occurs on the private roadway known as Old North Wharf and there is a loading zone on Easy Street directly in front of the structure. The premises have been used as a residential unit on the second floor and a seasonal (700 square foot) office on the first floor. Said uses are said to pre-date the effective date of zoning. .R6 6 Applicant's proposal to construct a second floor addition of 140 square feet and a second floor deck will not change the existing ground cover ratio. The existing 700 square feet of first floor space is proposed to remain the same with 135 square feet to be residential use ancillary to the second floor and 565 square feet of retail use. The portion of the first floor and second floor is proposed to be one residential unit (apartment). Applicant also seeks Jelief under Section 139-18(B) for waiver of off street parking spaces. Under 139-18(D),6P spaces are required (1 for apartment, 1 f9r employees andgfor retail). �c Chu1/441„ Co 3--ePitfr 01 ci-. Applicant further seeks relief under 139-20 (C) from the requirements of Section 139-20 Off-Street Loading Facilities. It will be physically impossible for the applicant to provide an off- street loading facility. ..., .... • .. • • . 4 --.• ....• ::„...,... ,„, .... ..;., . • , 4 01°' 5 , N A kr T U C Z•E T 00, „.....,i, •.,0 , ' PAR10R _.,.... .., ..,,,,, . . • .•1.13 ■A , :PI 4 , 1 ..1.. ,,, .,„,„. .s. 1 ■3, \ /e :-,.) ------C- 1 `,...2. ■■• ,; “;''' _.---- .,.C.0 *" . ''`C G 0 ' 1.0' ° 1, ''r S,1. ,,,,,.. , /. 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