Loading...
HomeMy WebLinkAbout067-96 aorructo. TOWN OF NANTUCKET i*, z 1 BOARD OF APPEALS � . yc • A RPORA1 NANTUCKET, MASSACHUSETTS 02554 Date: :,li j(ev 6 , 19 �7 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. : 067-96 Owner/Applicant: Rosalie T. Maloney 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 i ate/ Michael J. 'Mara Chairman cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TINE 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 37 Washington Street Nantucket, Massachusetts 02554 34 Center Street Deed Book 298, Page 272 Assessor' s Map 42 . 3 . 1, Parcel 120 Lot 1 Residential-Commercial Plan Book 16 , Page 34 DECISION: 1 . At a public hearing of the Nantucket Zoning Board Df Appeals, on Friday, December 6, 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 ROSALIE T. MALONEY, c/o Reade & Alger Professional Corporation, Post Office Box 2669, Nantucket , Massachusetts 02584, File No. 067-96 : 2 . The Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning By-law §139-18 .B (3) (Parking Requirements) and §139-20 .0 (Loading Zone Requirements) . The Applicant proposes to convert the first floor of the existing building upon the subject property to retail use with the elimination of the existing four (4) lodging rooms on the first floor. Parking for the existing uses upon the subject property requires thirteen (13) spaces, all of which have been previously waived by the granting of zoning relief . The parking requirement for the proposed uses would be fifteen (15) spaces. No parking spaces nor loading zone have been provided and none are planned. The subject property (the "Locus" ) is situated at 34 CENTER STREET, Assessor' s Map 42 . 3 . 1, Parcel 120, and is shown upon plan recorded in Plan Book 16 , Page 34 , as Lot 1 . The subject property is situated in a Residential- Commercial zoning district . 3 . Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. The Planning Board recommendation was favorable as to both parking and loading space relief . Except for one letter expressing no opposition to the Applicant ' s project, but stating dismay at the reduction of lodging rooms in the neighborhood, there was no support from others than the Applicant ' s representatives, and no oppositicn, presented at the public hearing. 4 . The building upon the Locus, which has been the subject of prior relief granted by this Board of Appeals in Cases Nos . 042-85 and 080-96, has three levels : the lower floor or basement, the first or main floor, and the second or top floor. To avoid confusion, this decision shall refer to these floors as the first level, the second level, and the third level, respectively. The Applicant proposes to convert the second level, now containwng four lodging units into retail use, eliminating these lodging rooms . The Applicant requests a Special Permit under By-Law §§139-18 .B (3) and 139-20 . C, for the waiver of all off-street parking and loading spaces in connection with this change of use . 1 The parking requirement for the existing uses upon the Locus is thirteen spaces, all of which have been previously waived by relief granted by the Board of Appeals in Cases Nos . 042-85 and 080-96 . As presented by the Applicant, the total park-_ng requirement for the uses which would exist upon the Locus if all of the requested relief were granted would be fifteen spaces . The Applicant states that no off-street parking spaces nor loading facilities have been provided, nor is it physica:ly possible to provide any. The proposed use as retail space is a permitted use in this district . 5 . For the same reasons set forth in the Board' s prior decisions relating to the Locus, specifically that the requested relief from on-site parking and loading space requirements in connection with the conversion of uses upon the second level, as conditioned herein, would be in harmony with the general purpose and intent of the By-law, and that compliance with these requirements would be physically impossible for the Applicant to provide and would have a significant and adverse effect on the scenic and historic integrity of the neighborhood, and would be contrary to sound traffic and safety considerations . Accordingly, subject to the condition herein set forth, the Board voted UNANIMOUSLY to grant the relief herein requested, waiving all parking and loading requirements for the Locus in connection with the conversion of the second level of the existing building to retail use . 6 . The relief hereby granted is conditioned upon there not being more than one retail establishment upon the second level of the building (there being already one retail establishment on the first level pursuant to Board of Appeals Decision No. 80-96) . The two rental units situated upon the rear of the second level may, if not incorporated into the single retail establishment on the second level, continue to be used as rental units, and either or both may revert to lodging house units as now used at any time when they are not being used as part t e single retail establishment on the second level . Dated: Beecmitrer (p , l997 b- 14)/ _____ -1100„10 Mich . O'Mara CEIVED vf-F _ t—ertA_D_ .....—_____ -rOtn/N ,-.,,,....s 4'S OFFICE N :�„.i,�- r° �, William P. Hourihan, Jr. a ',, r)P554 JAN 0 6 1997 t ,dic — _ = r D. 4 C 1 _________-_- VL _AI,.N A-I LIlr . i— -- __ Nancy 7 _ ;.t,+,►_ • J/ m!,_rd S// oole 2 otapauCCFl, TOWN OF NANTUCKET •ki BOARD OF APPEALS • 'p egPORoso° NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1 : 00 P.M. , FRIDAY, DECEMBER 6 , 1996, in the Selectmen' s Meeting Room, Town and County Building, Broad Street , Nantucket , Massachusetts , on the Application of: ROSALIE T. MALONEY BOARD OF APPEALS FILE NO. 067-96 Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-18B( 3) (Parking Requirements) and §139-20C (Loading Zone Requirements) . Applicant proposes to convert the first floor of the premises to retail use with the elimination of the existing four (4) lodging rooms on the first floor. Parking for the existing uses upor. the premises requires thirteen ( 13) , all of which have been previously waived by the granting of zoning relief. The parking requirement for the proposed uses would be fifteen ( 15) spaces . No parking spaces or loading zone have been provided and none are planned. The premises is located at 34 CENTER STREET, Assessor' s Map 42 . 3 . 1 , Parcel 120, Lot 1 , Plan Book 16 , Page 34 . The property is zoned Residential-Commercial . Michael J. O 'Mar 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 //������' CASE No. V` -7- APPLICATION FOR RELIEF Owner's name(s) : Rosalie T. Maloney Mailing address: c/o Reade & Alger Professional Corporation P.O. Box 2669, Nantucket, Massachusetts 02584 Applicant's name: same Mailing address: same Location of lot: Assessor's map and parcel number 42.3.1-120 Street address: 34 Center Street Registry Land Ct Plan, Plan Bk 16 Pg 34 Lot 1 Date lot acquired: 5/9/88 Deed Ref 298/272 Zoning district RR=C Uses on lot - commercial: None _ or retail, lodging house MCD? no - number of: dwellings_ duplex_ apartments 2 rental rooms5 Building date(s) : all pre-8/72? _ or no C of 0? Building Permit appl'n Nos. 12176-95 Case Nos. all BoA applications, lawsuits:042-85 and 080-96'$ (°3° ' 3 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 X if a Special Permit (and 139-33A _ if to alter or extend a nonconforming use) . If appeal per 139-31A & B _, attach decision or order' appealed. OK to attach addendum2 Applicant proposes to convert the first floor of the premises to retail use. Four lodging rooms currently existing on the first floor would be eliminated. Applicant requests a special permit under By-law §§139-18.B(3) and 139-20.C, for the waiver of all off-street parking and loading spaces in connection with such conversion. Parking for the existing uses upon the Premises requires thirteen spaces, all of which have been previously waived by zoning relief. Parking for the proposed use would require fifteen spaces. No parking spaces or off- street loading ramps are provided, and none could be. Items enclosed as part of this Application: order' addendum2 _ Locus map X Site plan X showing present X + planned _ structures Floor plans present _ proposed elevations (HDC approved? _) Listing lot area X frontage X setbacks X GCR X parking data _ i// G° ��� Assessor certified addressee list 4 sets X mailing labels 2 sets X N/VT � �� �f.)' $200 fee payable to Town of Nantucket X proof 'cap' covenant plc t 4 1 (If an appeal, ask Town Clerk to send Bldg Comr's record to BOA.) �� a � �C� 99 ` I certify that the requested information submitted is substantially T )255 AME; NO 2 1 , 5 )2554 complete and true to the best of my knowledge, under the pains and U penalties of per y. CLERK SIGNATURE: 6 Applicant _ Attorney/agent X 3(If not owner or owner's attorney, enclose proof of authority) FOR BoA OFFICE USE Application copies rec'd: 4 or fo BoA on I ` /i /(, by P11 One copy filed with Town Clerk on /1 /Z,CfCe by ,/ complete? v One copy each to Planning Bd and Building De•t /, by $200 fee check given sown Tr asurer on lc /;d , by waived? Hearing notice posted l 1/ mailedtL/' " I & M / , M Hearing(s) on _/_/_ cont'd to / /_, / /_ withdrawn? _/_/_ Decision due by /_/_ made _/_/_ filed TC _/_/_ mailed _/_/_ See related cases lawsuits other 44 4 �VII Vi Eo .,F: yof 12%, q j STREE o o \-- S.-z ` .1 w 4Y + CI£S7NT l OPK 'T cLEE T--- ' '--\ 71 as M y l! ``66'P sr M ra 1 3y al ksA+i+ ro STREET NUSS£Y 1L l � v y Ito �. OA + PEf \;y , . ilit ►1 9 u• ur 121 C `M��P G Z Eta . tll O HOSPITAL 140 Iff ii =' THRIFT i�SP SHOP gTREET � +t +�'�Et,Q 0� ao 117 W OGf, P� j 171 GPM i INDIA Q as Z r <+°J` W of • a eo+s " n 1 N a �P 166 t.f•S� v �^A 0\5 0* 11{ • NANTUCI(T LOOSE.64 P 1.411.0.0,►: H'I"`pNE M 212 66 j94/7.4 4094264 sob -1N pet .L V Irl 'y1%�'. t4 tW .. la 4211 , tot . tOS s it1 .it, e6 fa ', f •ill§ RE7HOO1ST IPISCOPAL 1 ROSE cwullcN `�� PV� t' 0 'Sr. is• STREET �` t,6' 1. .?1sT 4 „is L.I B E-R" { �� ua Ii, • fi YY'' s IIIP . Ibb T CO Itsti lyA �- 227 i` 311.1 US n,S$u 1 I I. ROYAH CATHOLIC S `: t 1 Y •WG$61 SY10► T .. 15 bj, L 1 A M�;of' 7 W ` <: Y� • Ty P`� _ 1Z '•�-� N 141 5 �� M — DN6R r, GPR 3 /I1 109 107 NI 0 t°3 = :.. 104 11 < g(ON f : OS UNITARIAN CNURtw a 0000 tC UNITARIAN CHURCH 0 > (REC•TOR T1 Q • 106 COV 1T.PAUL! 11 .- s•- V. 81 60 EPISCOPAL CNURI.N s'�: ,` —`iNANTUCKIT HISTORICAL 1 11ARItM NOUSO N 103 -Q OQ ASSOCIATION Iq I ,r7,,.. - R VISIONS LEGEND .2.3 2 �� .. IF PAh(Y• .. _.,_ _.___ - It.S.2-12 ...• //1.•:"4" '