HomeMy WebLinkAbout067-96 aorructo. TOWN OF NANTUCKET
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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
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_________-_- VL _AI,.N A-I LIlr . i— -- __ Nancy 7 _ ;.t,+,►_
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BOARD OF APPEALS
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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
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