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HomeMy WebLinkAbout24-17 49 Fairgrounds RoadTOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Fee: $450.00 ! NTUCKE r r r. 2011 JUL I I AM 11: 42 File No.o2 —11 Owner's name(s): Shannah Green Mailing address: c/o Sarah F. Alger, P.C., Four North Water Street, Nantucket, Massachusetts 02554 Phone Number: (508) 228 -1118 E -Mail: sfa @sfapc.com Applicant's name(s): Same as above. Mailing Address: Phone Locus Address: 49 Fairgrounds Road Assessor's Map /Parcel: 67/306 Lot 56 Land Court Plan No. 34507 -H Land Court Plan /Plan Book & Page /Plan File No.: Lot 57 Land Court Plan No. 34507 -I RbombBadomemmiCertificate of Title: 16,996 Zoning District Residential- 10 Uses on Lot- Commercial: None Yes (describe) Recreational Facility (yoga and dance studio) Residential: Number of dwellings 2 Duplex Apartments Date of Structure(s): all pre -date 7/72 or Dwelling February 4, 1987, Dwelling - February 6 1987, and Studio- July 12, Building Permit Numbers: Dwelling 655 -77, Dwelling- 1156 -79, and Studio- 872 -01 Previous Zoning Board Application Numbers: 036 -00 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 -228 -7298 facsimile State below or attach a separate addendum of specific special permits or variance relief applying for: See attached Addendum. I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: Owner* SIGNATURE: Applicant /Attorney /Agent* *If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency. OFFICE USE ONLY Application received on: _ /_ /_ By: Complete: Need Copies: Filed with Town Clerk:_ /_ /_ Planning Board:—/—/— Building Dept.: _/_ /_ By:_ Fee deposited with Town Treasurer:_ /_ /_ By:_ Waiver requested: Granted:—/—/— Hearing notice posted with Town Clerk: _ /_ /_ Mailed:_/_/_ I &M_ /_ /_ &_ /_ /_ Hearing(s) held on:—/—/— Opened on :_/ —/_ Continued to:_ /_ /_ Withdrawn:_ /_ /_ Decision Due By:—/—/— Made:—/—/— Filed w /Town Clerk:—/—/— Mailed:_ /_ /_ 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile ADDENDUM (Nantucket Zoning Board of Appeals Application 49 Fairgrounds Road, Nantucket, Massachusetts) The Applicant seeks to modify and amend the previously granted Special Permit decision in Zoning Board of Appeals File No. 036 -00, dated July 7, 2000, registered with Nantucket Registry District as Document No. 89935 (the "Decision "), as follows: 1. Condition 9(a). The Applicant requests that the number of students in a class in the yoga and dance studio be limited to fifteen (15). 2. Section 9(c). The Applicant asks that the hours of operation be modified to allow classes to begin at 6:30 AM and end at 9 PM, Monday through Saturday, and to'begin at 7:30 AM to end at 7 PM on Sunday. 3. Section 9(f) The Applicant requests that an updated site plan be substituted for the site plan attached to the Decision as Exhibit A. 4. Section 9(i). The Applicant asks that the provision that the relief is particular to the Applicant be removed. The Locus is located at 49 Fairgrounds Read, is sliGwri on Nantucket Tax Assessor's Map 67 as Parcel 306, is shown as Lot 56, on Land Court Plan No. 34507 -H and Lot 57 on Land Court Plan No. 34507 -I, and is now located in the Residential -10 ( "R -10 ") Zoning District. Town and County of Nantucket, MA July /, /-Ul / 49 Fairgrounds Road � .�f ..�F- .,1 - '', r .•��^ ;r .. {�, - -.- . -. _ -,•.� _ t - ��,- -- - '+fir -� '. lti 67 2 2 j \ Y f 7 Z4 6rT283 -6 8 t < f j t ?^ 8 r' a 61 2895 290 3 67 286 i ` Al Y �r 6* 82 1Q �,ss _ 67 314 1� 1'f r r .t 676, 5,7 291 X 67,316 _ 67287 #6z 67.950 / - 3 67 31D �- r R-67 3fl4 t aJ _ 167'951 yi 0 f 4` w. �FJ 672.96 67 312 +.5 67.1.309 7:364 2 �-z E 67x29• . 67 3'0 'Q�P ,, - `�" •' - _ O'er 67307.. - 5� 67 31b1 10 `677 2919 J _ r 319-2-- - G, .895 - b7 30.0 .r 56 _ f ; �' CH 573D8 s 67 301 ! ` 67,1670:- 7 67 784 r'/ � _ ' • � A s _ ��F�r © � r , 175 4 a' 67173 _ Y ` f 67 493 •� i �30C�iIQ �! 1" = 157 ft 4 72,,- �¢ =r - -,r Property Information, Property 67 306�r �t ID Location 49 FAIRGROUNDS RD Owner GREEN SHANNAH MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT Town and County of Nantucket, MA makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map. Parcels updated December, 2014 Properties updated 07/07/2017 is TOWN OF NANTUCKET BOARD ,OF APPEALS NANTUCKET, MASSACHUSETTS 02554 085935 Date: July 2000 To: Parties in Interest and.Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: Owner /Applicant: 036 -00 SHANNAH GREEN ! 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. William P. Hou 'han, Chai -rman 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); §1-39-321 (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. Assessor's Map and 341 49 Fairgrounds Residential -10 DECISION: NANTUCKET ZONING BOARD OF APPEALS 089935 37 Washington Street Nantucket, Massachusetts 02554 67, Parcels 306 Certificate of Title No.16996 Road Lot 56, Land Court Plan 34507 -H Lot 57, Land Court Plan 34507 -I At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, June 9, 2000 (originally noticed for and continued without opening from May 12, 2000), at 1:00 PM, in the Conference Room, Town Annex Building, 37' Washington Street, Nantucket, Massachusetts, the Board made the following decision on the application of SHANNAH GREEN, c/o Sarah F. Alger, P.C., Two Union Street, Nantucket, Massachusetts 02554, File No. 036 -00: 1. The Applicant seeks a Special Permit under Nantucket Zoning By -law §139 -8B(1) to construct and use a structure as a yoga and dance studio. The Applicant proposes to limit building occupancy to a maximum of 12 students. The Applicant proposes to provide the required six (6) parking spaces on -site. However, should the Board determine that additional spaces are required under the Bylaw, the Applicant is hereby seeking relief by Special Permit under Nantucket Zoning Bylaw §139 -18 (parking requirements) and under Section 139 -20 (loading zone requirements). The Locus is nonconforming as to side yard setback with the secondary dwelling being sited at about 5.6 feet from the southwesterly side yard iot line and with the principal single - family dwelling being sited at about 4.7 feet at its closest point from the northeasterly side yard lot line, in a district that requires a minimum side yard setback of ten (10) feet. The premises are located at 49 Fairgrounds Road, Assessor's Map 67, Parcel 306 (includes Parcel 341), Land Court Plan No. 34507 -H, Lot 56, and Land Court Plan No. 34507 -I, Lot 57. The premises are zoned Residential -10. 2. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. The Planning Board recommendation was positive and requested confirmation that the two lots comprising the Premises are merged for zoning purposes. A letter dated May 26, 2000, was received from the Wannacomet Water Company stating that the proposed project will not have a negative impact on ground water quality. There was no opposition presented at the public hearing, personally, by representatives, or in writing. 3. The Applicant proposes to construct a structure having ground cover of about 725 square feet upon the premises for use as a yoga and dance studio and also containing an artist's studio that is allowed under the By -law as a matter of right without relief. The premises are in conformity with the lot area, frontage, front and rear yard setback, and ground cover ratio requirements of the Nantucket Zoning By -law (the "By- law "). The premises are improved by two single - family dwellings. These dwellings do not comply with 089935 the current ten foot (101) side yard setback requirements of the By -law, but they were both in compliance at the time of their construction (the primary dwelling was constructed in 1977 when the side yard setback requirement was three feet (31), and the second dwelling was constructed in 1979 when the side yard setback requirement was five feet (5')), and thus, they are protected from zoning enforcement as pre - existing, nonconforming structures. The proposed new structure will conform to all dimensional requirements of the By -law. 4. The premises are located on Fairgrounds Road, and the Board took note of the precedent of a variety of other pre- existing, nonconforming commercial uses already operating in the general neighborhood. 5. The Applicant has worked with her abutters in designing the proposed structure and has agreed to certain conditions. In particular, the Applicant has agreed to limit the number of students to twelve; to hold classes only between the hours of 6:45 AM and 8 PM, Monday through Saturday; to not have exterior floodlights and to direct all exterior lighting downward; to ensure that no music can be heard beyond the lot lines of the premises; and to provide appropriate screening. 6. The Board finds that the proposed use is a fitness center or the like within the meaning of By -law §139- 8.B.(1), allowed by special permit in the D eSl d eit lal -10 ZGnlig district. The Board calculates the parking spaces required by the uses, existing and proposed on the lot, under §139 -18 of the By -law to be 6, as follows: The Applicant proposes to provide nine (9) conforming on -site parking spaces, which are in excess of the total number of spaces required under the By -law. The Board finds that no off - street loading facility is necessary or required. 7. On the question of merger, the Board finds that premises consist of two lots that have by necessity merged for zoning purposes and must be treated as one lot. Both lots are owned by the Applicant, and standing on its own, Lot 57 on Land Court Plan No. 34507 -I has no frontage. 8. Upon these facts, the Board of Appeals finds that the use and occupancy of the proposed dance and yoga studio upon the premises, conditioned as set forth herein, would not be substantially more detrimental to the neighborhood, nor to the E 089935 environment, than existing or permitted alternative uses of the lot and that they are in harmony with the general purpose and intent of the By -law. 9. Accordingly, by UNANIMOUS vote, the Board grants the requested relief by SPECIAL PERMIT, under` Nantucket Zoning By -law §139- 8.B.(1), to operate a yoga and dance studio upon the premises upon the following express conditions: a. The number of students in a class in the yoga and dance studio shall be limited to twelve (12). b. No aerobics classes shall be permitted. C. Classes shall only be conducted between the hours of 6:45 AM and 8 PM, Monday through Saturday. (No classes shall be held on Sunday.) d. There shall be no exterior floodlights, and all other exterior lighting shall be directed downward. e. No music shall be played in the yoga and dance studio that can be heard beyond the lot lines of the premises. f. The use hereby permitted, including the siting of the structure and parking and screening, shall be performed in substantial conformity to the site plan drawn by Blackwell & Associates, Inc., dated April 24, 2000, and revised on May 6, 2000, May 12, 2000, and June 7, 2000, a reduced copy of portions of which are attached 'hereto as Exhibit A. g. The structure shall be constructed in substantial conformity to the plans submitted to the Nantucket Historic District Commission and approved by it in Certificates of Appropriateness Nos. 36184 and 36185. h. The lots comprising the premises, Lot 56, Land Court Plan 34507 -H and Lot 57, Land Court Plan 34507 -I, are merged for zoning purposes. i. The relief hereby granted is particular to the Applicant. Any change shall require urther relief from this Board. Dated: July , 2000 �J -F- Mic el J. O'Mara TOWNRECEiVED NA CLERK'S OFFICE MA 02554 X0.7 2000 OLE�K: •.5�. I CE kiIFY TAAT,MD lYr HAVE FLIPSED AF F R T11E -06dS1ON- WM -HLM IN TW OMCT OF M TOWN dXaY, AND TVA7 NO AFFEAI. HAS I)FEN FWM, PUASUMT ID GPNFAAL YAWS 40A, a"1'1- MON 11 JUL 28 2000 3 AWN � .ci•�os • AC411 ►,rup/rK KUSCN IZ ORINDA LN, AA"7UCK E'T MA. OZ554 1 G7-305 971r .(r - N/F ^ -I— - RoSCRra 5wEktY 84rC9 Box zr53 �J WA,v ritc Kz r,, mA. MOWED AREA Wlru gr't ScArTceED r/TCN PiNEs 0 ',T ro � .pA pRQto�JRF RL w ��5 r EHO Or Ex151IWG SrOLKAZC FENCE 'O s 4 \ GAkA�F �1tACr"�EUr im G7 - 304.2 P/ /F 7'1*bM4S , MAAt-y' WACSi, P.O. Six Za5z Al rf1C'KE7, MA. OZ584 (;N /FO7 \ O_ r -- -- -- RL,YKOND • LYN�A, 1 "S3 fA1Kr.RoUNDS )7p. MgX7'UCKCT, MA. , 11 bWFLL"C DEWOTES EXISTIi/G UNDI3TI! ' O 'J 5 , VEGETATED ARCA 8ED SThRT O✓ EXrST111G DENOTES PROPOS SrOCKADC rECE ED >'RrvIY HEDGE ,+ OO - -34 DENOTES Exl5rIWG CONTOUR ` 3S,Z DEV07CS EXISTIWG SPOT ELEVAr /ON +,3 0 DENOTES PROPOSED SPOT ELEVATIOU to DEWO'rE5 :?'PZO' PARKING SPACE AEU0TE9 LIM/r o)= pRop,$ED GRAVCL, PARKI 4G / DR t VE WAY. BEWCKMAKKr C04CRErE • — 50UWD EL.- 'CA/Cr. '"ROPOSED PLAVK OR STOCKADE A5SUMEb DATUM. FEtiC[; / 1 ['89935 r� Jz ZONING CLASSIFICATION R -10 txaK; ulx. AREA ..... 10.000.S.C. 20.041 611x. FnklAE: ...... 7.5. FT SEE PLAN. MNI rum S.B.; :....20. FT . RW Y SM S9.:.... 10 FT CROM CVO (z}:... 10, X SEE BELOw EAISnNG BLDINC G.C. - 5.7 X t G.C.7Z LUDI++G 1C0/'06FD SrRUCTUCE : !l 1. MOPOSED POST DEV`cLOpMrq -r GREEkI5rACE: C5 7. r Z. NO WETL.AKDS EXIST ON OR WjNjK 100" OF LOCHS. S. MOPE2TY IS LXArED WIrKlA/ rKr PUBLIC WELLHEAD RECkARGE DIST -IM-r __. ,- - E&QL'ECTY. -j5 LOCATED !N Ft,LOD r4NC C AS SHOWN inu TKE FE.M,A. - rl•e.H P AK 'ikr TA 8 1C P c R -rouI ZED AJELUNG / SPACE COrTAGE I SPACC OP� I SP cE Yc io3 cu NT3`z) 4 bPACES TOTAL G SPACES SPACCS PROYIDED 9 P1eOTECr uxAr /ON . 149 FAII'GRoUND5 ro, 0 CONFORM A.9SESSOles MA,?' : G7 PAKCCLS 906, 341 REVISIONS DATE DESCRIPTION 5•G-Z= ADD EX *T- WCr YEGEr4TIDu S- �Z -ZACr� N.C. PQRKi+�G, Slpg�,/ALK, BRJRLDI>,/G FOOTPRINT G -7 -z000 DeAjWAGc- PROJECT TITLE ,5/ rjE Pl-AN � 1 � PREPARED FOR SKAN,VAW GREEW CERl, Or TITLE ; 16996 LOT 5G L.C.C. 34307 -K LDT 57 I.C.C. 34507. 1- HAILING kVDRESS, 49 FAIZrtZ1NDj M. BLACKWELL & ASSOCIATES INC. PROFESSIONAL LAND SURVEYORS 6 YOUNGS WAY NANTUCKET, MASS 02554 (508) 228.9026 "of L QIa, x364 C -7 -C,() SCALE: l-, 2o' 0' 40' Co CATS APR /L z4 zOOo S E E T DRAWN: J'Lg CHECKED: 1 OF FIELD BOOK: 3r. - S5 JOB NO.: B. 4502 089935 .�i 00 v C Cy W r r _ W rZI 4- P V v J _c;z G .4 FO M 0 �a M E a W cc cc 2 Q X O O W w CII W R� 4 J O z h Y U m LL m H w� U g� A d � �o Town of Nantucket Zoning Board of Appeals @pgR6 0 4S S JU� a �SSoRS a ,p N r 1� Mq LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER.., Shannah Green ......... ...... c/o Sarah F. Alger, P.0 MAILING ADDRESS ... 4. North Water Street,, Nantucket, MA 02554 ... ..: .. ....... ........... PROPERTY LOCATION., 49 Fairgrounds Road ASSESSOR MAP/PARCEL.. Map 67, Parcel 306 SUBMITTED BY... Same as above: SEE ATTACHED PAGES I certify that the foregoing is a list of all persons 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 300 feet of the property line of owner's property, as they appear on the most recent applicable tax list (M.G.L, c. 40A, Section 1 I and Zoning Code Chapter 40A, Section 139 -29B (2)• 1-� -(? DATE ASSESSOR'8 OPFICE TOWN OF NANTUCKET Ch z� H E H H a� au H E"" z �z i ofb °a °a °a °a a m ❑ m a o z o 0 o w o w o o z a a z z a �v zo o a g z r z N a z aa❑c�c�m Huvuwuw❑c�c� ❑awaa❑ am ww ❑ ❑ z a a a a a a x a x zaa z❑ ❑ w H x x m m m s s m a m a a x �p N �(1 a to N m N N N Y1 �� h O N N N ✓1 N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O x qq o F a Z E F F E F F F E H E. 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N V£W Z a 0 o F D w N r[�G N m pWG E O O z w .7 a wm z i„G i4 m F ww m vl u K u m m. tw.� ryil a w£ N S m m (a m m 01 01 Ol 01 0 N N N N N N N N !'1 11 m m m m r1 ri m rn m e r m /s O M Ln ti O N b 67 67 RICHROD ROBERT C BUZANOSKI KARA H PO BOX 186 C/O JENKINSON MARIANNE NANTUCKET, MA 02554 1 WEATHERLY PLACE NANTUCKET, MA 02554 67 67 REMIS HARVEY & PILARSKI CAROL SHARRETTS GAIL B 8 FLINT ST PO BOX 593 MARBLEHEAD, MA 01945 NANTUCKET, MA 02554 67 67 BENDIKSEN CARL J GILES ANGELA L & COLBY JANET L 3 JARVIS AVENUE 2 WEATHERLY PLACE FAIRHAVEN, MA 02719 NANTUCKET, MA 02554 67 67 NORDBY ERIC J RUSCH ALAN E & JUDITH A 45 FAIRGROUNDS RD 12 BRINDA IN NANTUCKET, MA 02554 NANTUCKET, MA 02554 67 67 KYOMITMAITEE SOMWONG & GREEN SHANNAH BUNLERSSAKSKUL SOMCHAI 363 MORRIS AV PO BOX 2837 PROVIDENCE, RI 02906 NANTUCKET, MA 02584 67 67 BUNLERSSAKSKUL SOMCHAI ST PETER RAYMOND F & LYNDA S 46 FAIRGROUNDS RD 53 FAIRGROUNDS RD NANTUCKET, MA 02554 NANTUCKET, MA 02554 67 67 KYOMITMAITEE SOMWONG BATES ROBERT G JR & SHERRY L PO BOX 2837 11 BRINDA LANE NANTUCKET, MA 02584 NANTUCKET, MA 02554 67 67 BUTLER STEPHEN & KARLA W SHOEMAKER ERIC & WILEY MEGHAN 54 FAIRGROUNDS RD 9 BRINDA LN NANTUCKET, MA 02554 NANTUCKET, MA 02554 67 67 TRUE LINDA M FEINDEL DAVID A & MARGARET G TR 56 FAIRGROUNDS RD FEINDEL NOMINEE TRUST NANTUCKET, MA 02554 10 PARKER LN NANTUCKET, MA 02554 67 67 FEE MATTHEW G TRUSTEE SJOLUND CARL H & FITZGERALD JULIE . THE FEE - FAIRGROUNDS REALTY TR GENERAL PARTNERS SJOLUND FAMILY) 50 CLIFF RD PO BOX 2567 NANTUCKET, MA 02554 NANTUCKET, MA 02584 67 PENA MARIA J PO BOX 2450 NANTUCKET, MA 02584 67 EES HOLDING LLC 5 WHITE ST NANTUCKET, MA 02554 67 MALLIA CHRISTINE PO BOX 1132 NANTUCKET, MA 02554 67 ST PETER RAYMOND F & LYNDA S 53 FAIRGROUNDS RD NANTUCKET, MA 02554 67 WEINMAN RHODA H TR AUGUSTUS SHANNON REALTY TRUST PO BOX 1365 NANTUCKET, MA 02554 67 BUZANOSKI KARA H 47 GREEN ST NORTHBOROUGH, MA 01532 do 0 TOWN OF NANTUCKET BOARD OF APPEALS s NANTUCKET, MASSACHUSETTS 02554 �- cP Date: September 14, 2017 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No. : 24-17 Owner/Applicant: SHANNAH GREEN Property Description: 49 Fairgrounds Road Map 67 Parcel 306 Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed with 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 a complaint in Nantucket Superior Court or Land 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 . Eleanor W. Antonietti, Zoning Administrator cc: Town Clerk Planning Board Building Commissioner/Zoning Enforcement Officer PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING BY-LAW SECTION 139-30 (SPECIAL PERMITS) ; SECTION 139-32 (VARIANCES) . ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICE AT 508-325-7587 . NANTUCKET ZONING BOARD OF APPEALS Two Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 67, Parcel 306 Certificate of Title No. 16996 49 Fairgrounds Road Land Court Plans 34507-H & 34507-I Residential-10 (R-10) Lots 56 and 57 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, August 10. 2017, at 1:00 PM, in the First Floor Community Room of the Public Safety Facility at Four Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of SHANNAH GREEN, in care of Sarah F. Alger, Attorney, Four North Water Street, Nantucket, Massachusetts 02554, File No. 24-17: 2. The Applicant requests the amendment of prior Special Permit relief granted to allow construction and use of a yoga and dance studio. Specifically, the Applicant seeks to modify conditions in order to allow (a) an increase in occupancy from 12 to 15 students, (b) a change in hours of operation, (c) substitution of an updated Site Plan as a new "Exhibit A," and (d) removal of a condition restricting relief to the initial applicant. The Locus is situated at 49 Fairgrounds Road, is shown on Nantucket Tax Assessor's Map 67 as Parcel 306, is shown as Lot 56, on Land Court Plan No. 34507-H and Lot 57 on Land Court Plan No. 34507-I. The Applicant's title is evidenced by Certificate of Title No. 16996 at the Nantucket Registry District. The Locus is located in the Residential-10 ("R-10") Zoning District. 3. Our decision is based upon the application and accompanying materials and representations and testimony received at our public hearing. The Applicant and her attorney spoke in support of the application. The Board received letters from various abutters both expressing support for, and concern about, the Application. 4. The Applicant seeks to modify and amend the previously granted Special Permit decision in Zoning Board of Appeals File No. 036-00, dated July 7, 2000, registered with Nantucket Registry District as Document No. 89935 (the "2000 Decision"), as follows: (a) Condition 9(a). The Applicant requests that the number of students in a class in the yoga and dance studio be limited to fifteen (15), instead of twelve (12). (b) Condition 9(c). The Applicant asks that the hours of operation be modified to allow classes to begin at 6:30 AM and end at 9 PM, Monday through Saturday, and to begin at 7:30 AM to end at 7 PM on Sunday. (c) Condition 9(f). The Applicant requests that an updated site plan be substituted for the site plan attached to the 2000 Decision as Exhibit A. (d) Condition 9(i). The Applicant asks that the provision that the relief is particular to the Applicant be removed. 5. The Applicant has a proven track record, having been in business at this location for seventeen years without incident. During peak hours of operation, there is a parking monitor to ensure that there is no parking along Fairgrounds Road. The parking provided on site is in compliance with the By-law as set forth on the plan entitled "Existing Conditions Site Plan," drawn by Blackwell & Associates, Inc., dated August 1, 2017, a copy of which is attached hereto as Exhibit A (the "2017 Site Plan"). The uses on the Locus, both current and as proposed. are in 2 keeping with the neighborhood and in harmony with the general purposes and intent of the By- law. 6. After a discussion with the Applicant and taking public testimony, the Board finds that modifying such existing Special Permit relief as requested is consistent with the 2000 Decision and in harmony with the general purposes and intent of the By-law. 7. Accordingly, by a UNANIMOUS vote, the Board of Appeals GRANTS the requested relief by SPECIAL PERMIT in accordance with By-Law §139-30 and the use chart under By- law §139-7 (Recreational facilities) and modifies the 2000 Decision as follows: (a) Condition 9(a). The number of students in a class in the yoga and dance studio be limited to fifteen (15). (b) Condition 9(c). Classes may begin at 6:30 AM and end at 9 PM, Monday through Saturday, and may begin at 7:30 AM and end at 7 PM on Sunday. (c) Condition 9(f). The 2017 Site Plan is substituted for the plan attached to the 2000 Decision as Exhibit A and is now the site plan of record for the Locus. (d) Condition 9(i). This condition is stricken from the 2000 Decision in its entirety. Except as modified by this decision, the 2000 Decision shall remain in full force and effect. SIGNATURE PAGE FOLLOWS 3 it Assessor's Map 67, Parcel 306 Certificate of Title No. 2-1927 49 Fairgrounds Road Land Court Plans 34507-H & 34507-I Residential-10 (R-10) Lots 56 and 57 Dated: September q , 2017 7�/ :Ward ' . Ioole u . • lcCa r, y /_ Lisa Botticelli Mich.- �0 "Fara Kerim Koseatac COMMONWEALTH OF MASSACHUSETTS County of Nantucket, ss On the day o ter eir2017, before me, the undersigned notary public, personally appeared above-named , one of the above named members of the Zoning Board of Appeals of Nantucket, Massachusetts, personally known to me to be the person whose name is signed on the preceding document, and acknowledged that he signe e foregoing instrument voluntarily for the purposes therein expressed. 441 I6( Official Signature and Seal of Notary Public My commission expires: l'=" LESLIE WOODSON SNELL 1 ' NOTARY PUBLIC (y) COMMONWEALTH Of MASSACHUSETTS tAy Comm.Expires Sept 28,2018 4 "EXHIBIT A" ZONING CLASSIFICATION 67-305 RESIDENTIAL 10 (R-10) EXISTING: N/F MIN. AREA: 10,000 S.F. 20,041 ± S.F. RUSCH ALAN E & JUDITH A MIN. FRONTAGE: 75 FT SEE PLAN FRONT YARD S.B.: 20 FT SEE PLAN REAR & SIDE S.B.: 10 FT SEE PLAN GROUND COVER (7): 25 % 9.3 % ± 1(1::),.- NOTE: � � 67-951 DWELLING AREA: 698 ± S.F. N/F COTTAGE AREA: 386 ± S.F. BUZANOSKI KARA STRUCTURE AREA: 788 ± S.F. I TOTAL AREA: 1,872 ± S.F. 7,t,•co ;g o to co to m 1f , ,! T. 1 b Lo 4 BILCO W ' IHANDICAP \ 67-304.2 0 \.ID 1 ' �,y4 EXISTING RAMP GILES ANGELA L &FCOLBY JANET L < .,. RUCTUR ► i r \ •.U' ANKS „,;z,/ DECK 7•x17' a ,/• EXISTING SPACE BRICK SIDEWALK I,I�• LP DWEW I/ �III,TANK. _ / 6•72, - ♦ ".� `3S 4r-C” 0, EXISTING GRAVEL ''%;�%;%• DRIVEWAY AND ,.. ...'. fillih's PARKING \ DUSTINGICOTTAGE litll' piN,,FND ,.LP •67/307 TANK DK .dh C\B J .. D ST PETER RAYMOND F & LYNDA S SSO _..(�.'..'.'... ... O O 9x2D . .. PARKING c;4� Co PARKING TABLE: SPACE (Trn.) O USE SPACE REQUIRED d• o C\B FND O DWELLING 2 SPACES 2ND DWEWNG-1 BEDROOM 1 SPACE V STUDIO 1 SPACE YOGA STUDIO (15 CLIENTS) 5 SPACES 2 EMPLOYEE 1 SPACE PN TOTAL REQUIRED: 10 SPACES G SPACES PROVIDED: 12 SPACES ` � 01AOFA44ss9 Existing Conditions 02 JEFFREY L Csc Si• te Plan 3 g BLACKWELL m O No.35388 OF LAND IN NANTUCKET, MA 4,16„Psessoriiq1/4,U yr, SCALE: 1"= 40' DATE: AUGUST 1, 2017 OWNER' SHANNAH GREEN THIS PLOT PLAN WAS PREPARED FOR THE TOWN LCC 34507—I, LOT 57 OF NANTUCKET BUILDING DEPARTMENT ONLY AND 16996 LCC 34507—H, LOT 56 SHOULD NOT BE CONSIDERED A PROPERTY LINE CERTIFICATE: PLAN: SURVEY. THIS PLAN SHOULD NOT BE USED TO #49 FAIRGROUNDS ROAD ESTABLISH PROPERTY LINES, FENCES, HEDGES OR LOCUS: . ANY ANCILLARY STRUCTURES ON THE PREMISES. THE PROPERTY LINES SHOWN RELY ON CURRENT BLACKWErLL and ASSOCIATES, Inc. DEEDS AND PLANS OF RECORD. THIS PLOT PLAN IS NOT A CERTIFICATION AS TO Professional Land Surveyors TITLE OR OWNERSHIP OF THE PROPERTY SHOWN. 20 TEASDALE CIRCLE OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT ASSESSOR RECORDS. NANTUCKET, MASS. 02554 (508) 228-9026 ASSESSOR MAP' 67 . , PARCEL' 306 V.\ORA/FILES\B4502\SP.d•g 8/1/2017 3.5832 PM EDT B4502