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Home My WebLink About18-18 82 Easton StreetFee: $450.00 APR 10 2018 i TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 q� APPLICATION` File No. Owner's name(s): Big Chicken Little LLC Mailing address: c/o Sarah F Alger P.C., Four North Water Street. Nantucket. MA 02554 Phone Number: 508-228-1118 E -Mail: sfa sfapc.com Applicant's name(s): Same as above Mailing Address: Same as above Phone Number: Same as above E -Mail: Same as above Locus Address: 82 Easton Street, Nantucket,MAssessor's Map/Parcel: 4242/5 Land Court Plan/Plan Book & Page/Plan File No.: Plan Book 7, Page 40 Deed Reference/Certificate of Title: 1363,444 Zoning District ROH Uses on Lot- Commercial: None 1 Yes (describe) Office Residential: Number of dwellings Duplex Apartments Date of Structure(s): all pre -date 7/72 Yes or Building Permit Numbers: •• • 4Q-047 799-08a and 970-08 Previous Zoning Board Application Numbers: 011-04; 041-08; and 028-12 2 Fairgrounds Road Nantucket Massachusetts 02554 508 325-7587 telephone 508-228-7298 facsimile Addendum (Big Chicken Little LLC, 82 Easton Street, Nantucket, Massachusetts) The Applicant seeks to modify the Special Permit dated February 20, 2004, in Case No. 011-04, recorded with Nantucket Deeds in Book 878, Page 115, as previously modified by Special Permit dated June 12, 2008, recorded with Nantucket Deeds in Book 1155, Page 32, to allow the conversion of the existing studio upon the Premises to use as a garage apartment or primary dwelling unit. To the extent necessary, the Applicant also seeks relief by Special Permit from the parking requirements under By-law §139-18. The Applicant would continue to provide the parking spaces required under the 2004 Special Permit, but does not propose to provide any additional parking. The locus is located at 82 Easton Street, Nantucket, Massachusetts, is shown on Nantucket Tax Assessor's Map 42.4.2 as Parcel 5, is shown as Lot 4 on Plan Book 7, Page 40 recorded with Nantucket Deeds, and is located in the Residential Old Historic (ROH) zoning district. I HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE THAT THE PREMISES SHOWN ON THIS PLAN ARE LOCATED WITHIN THE A-7, ELEV 8 ZONE AS DELINEATED ON THE "FIRM" MAP OF COMMUNITY NO. 250230; MASS. EFFECTIVE: 6-3-86, REVISED 7-2-92 BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. ,",off CTR CB \ FN D; \ U J A -5 - -52 FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN RELIES ON CURRENT DEEDS AND PLANS OF RECORD, VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON THIS PLAN IS NOT REPRESENTED TO BE A TITLE EXAMINATION OR A RECORDABLE SURVEY. DHCB �� 85: P; bAr ��c P� LOT 4 \ 5742 ± SF NOTE: OFFICE BUILDING DOES NOT CONFORM TO CURRENT ZONING REQUIREMENTS WITH RESPECT TO SIDE YARD SETBACK. \o STY \\ W/F/ \ N 7 N o 'O N too deck \�\at��gwcy� po^ch AS—BUILT PLOT PLAN IN NANTUCKET, MASSACHUSETTS SCALE: 1"=20' DATE: MARCH 15, 2012 DEED REFERENCE: DBK 869, PG 161 PLAN REFERENCES: PLBK 7, PG 40 & LC PL 36477—A ASSESSOR'S REFERENCE: MAP: 42.42 PARCEL: 5 PREPARED FOR: RARE HALF GAS REALTY TRUST EMACK SURVEYING, LLC 2 WASHAMAN AVENUE NANTUCKET, MA. 02554 (508) 325-0940 N.B. 19/23 W N \\ 15t e�eJ 1 1 '2 STY- W/F GARAGE STUDIO 9 �a9e s p' `rc 6 • CD FN D � ty,G A3 4r 42 Ar N 0 \-00? o DHCB PN�C,AE( \5\"N cr' FN D N'F N CURRENT ZONING: LC storke LOT SIZE: 5,000 SF MINIMUM steQ FRONTYARD SETBACK: NONE o \ � patch NOTE: OFFICE BUILDING DOES NOT CONFORM TO CURRENT ZONING REQUIREMENTS WITH RESPECT TO SIDE YARD SETBACK. \o STY \\ W/F/ \ N 7 N o 'O N too deck \�\at��gwcy� po^ch AS—BUILT PLOT PLAN IN NANTUCKET, MASSACHUSETTS SCALE: 1"=20' DATE: MARCH 15, 2012 DEED REFERENCE: DBK 869, PG 161 PLAN REFERENCES: PLBK 7, PG 40 & LC PL 36477—A ASSESSOR'S REFERENCE: MAP: 42.42 PARCEL: 5 PREPARED FOR: RARE HALF GAS REALTY TRUST EMACK SURVEYING, LLC 2 WASHAMAN AVENUE NANTUCKET, MA. 02554 (508) 325-0940 N.B. 19/23 W N \\ 15t e�eJ 1 1 '2 STY- W/F GARAGE STUDIO 9 �a9e s p' `rc 6 • CD FN D � ty,G A3 4r 42 Ar N 0 \-00? o DHCB PN�C,AE( \5\"N cr' FN D N'F N CURRENT ZONING: LC MINIMUM LOT SIZE: 5,000 SF MINIMUM FRONTAGE: 40 FT FRONTYARD SETBACK: NONE SIDE AND REAR SETBACK: 5 FT ALLOWABLE G.C.R.: 50% EXISTING G.C.R.: 30.1%± SF ± EXISTING G.C. OFFICE: 1080 + EXISTING G.C. GARAGE/STUDIO: 650 SF — J-639 Town and Countv of Nantucket, MA 24 -42.4.1 104 2G ' 2. . 42 4.4 $0 42.4 1 103 ` r �(r�' 15 22 42,43 102 s#42.4*'? 10 i 12;42.4,1 38.1 �� 42 y�42: 42.4.4 16 42,41 b1+2 a. `4; 11 3�4165.1 42.4 1k37 5 i J�/ 42.4 1 65 J.42 4.165:2.- 6 "42:4.4 58 42.4A 17 42:4.1 1133 42 4.1 114 3 6 _ 4 42 42 4 1 111 ' 2.4.1 C 42,4 4 18 `, - js -- 424.1 115 42-4.1 11069 \ 5 424 1108. 7.1 j 42.4.1 115 1 b5 ril 9, 2018 42.4.18x3 �. 4.182.2 8 ,, 42.4 6_ i',�,I 1 j �` 42.4.1 4 1 y '. � 5{ 88.T _�pN J �� pN 42,4.1 EP '''60 . - %751 67 51 - _ �n ,4t 4 1 6�3 I -{ iy Y 2 4 4 59. .1lP Yp y ptP4; -� 42 4 1 109 E D 1 42.4!1 62 1 VA 2. :1 2 42 -AA 591!1 42 4 1 35 L n r-� 7E7 i 79 42..-4+�1 62,E 1`_ Mal 12 f..' ' 7 �iiFw ,r,1o" 42!4.1 32 ` '"G�P� 421411 2811 >� 42t14.60'- ; , ; Mp 06 ti _ t �, .. �c2��,'� � EA 72 '42.4 1 3 oiy 5'C r � WgTFR� 3 30 t 2.a.3 22 13,67 fr'f 42.4.3 23 s;. % -' V, 26 i 2 fl yi 64 213 1 ff4.-2',2 1 42:4"261100 kr* 23 .Fkmtip,. "sK�. 22 7, 42:4,3 2 ! 20 51 Property Information Property ID 42.4.2 5 Location 82 EASTON ST owner BIG CHICKEN LITTLE LLC ,.2 82 4 :.a 42:4.1 `33 v, 4 RV1EV4 `76 . rp 42.4.1 31', 1iA 42:4N215_7.1 ' `', 4: „ 42.4:2 7!2 42.4.2 3 ice: r- `4 2.4.2 7 19 11 42.4.2 8 m t 3 %�5 n A�-58142.4 42.4t2�. ,7.27 �. 9 42A.2 51 Z 4257 8 -SE0.5 426 5' 0 50 42 15 10262-3 rt �, � �e51}2?42' S2 2�5' 1 . 42.4:2 11 5 7 42:4.2 54.2 ter, 1 52,1 TA 142 4.2 54.1 42.4.2 59 a 424:2 1�,, h 9 f ` E4r2 871 / 1" -178 ft .4.2 E5 'Yom' �,X42?`4`z 89 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 04/09/2018 1`42, 49 28 5 EP vNi ; -- 2A' 3:25 �.---_- Property Information Property ID 42.4.2 5 Location 82 EASTON ST owner BIG CHICKEN LITTLE LLC ,.2 82 4 :.a 42:4.1 `33 v, 4 RV1EV4 `76 . rp 42.4.1 31', 1iA 42:4N215_7.1 ' `', 4: „ 42.4:2 7!2 42.4.2 3 ice: r- `4 2.4.2 7 19 11 42.4.2 8 m t 3 %�5 n A�-58142.4 42.4t2�. ,7.27 �. 9 42A.2 51 Z 4257 8 -SE0.5 426 5' 0 50 42 15 10262-3 rt �, � �e51}2?42' S2 2�5' 1 . 42.4:2 11 5 7 42:4.2 54.2 ter, 1 52,1 TA 142 4.2 54.1 42.4.2 59 a 424:2 1�,, h 9 f ` E4r2 871 / 1" -178 ft .4.2 E5 'Yom' �,X42?`4`z 89 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 04/09/2018 BOOK 8 ( 8 PAGE 011 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: F�lorvaV6 , 2001-/ To: Parties in Interest and.Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: �f Application No.: 0//- Q i Owner/Applicant: Jarbth f- • -�9�� , 4s rrvf�` e &re 4(3(-p Gas AA /hl n^ e- Tr Ls - 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. /(%Nl C;l ✓NQS, 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 §139-30I (SPECIAL PERMITS); §139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. BOOK 8 7 8 PAGE 0116 NANTUCKET ZONING BOARD OF APPEALS 37 Washington Street Nantucket, Massachusetts 02554 Assessor's Map 42.4.2, Parcel 5 Book 869, Page 161 82 Easton Street Lot 4 Limited Commercial Plan Book 7, Page 40 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, February 6, 2004, at 1:00 P.M., in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, the Board made the following Decision on the Application of SARAH F. ALGER, as TRUSTEE of RARE HALF GAS NOMINEE TRUST, c/o Sarah F. Alger, P.C., Two Union Street, Nantucket, Massachusetts 02554, File No. 011-04: 2. Applicant is seeking relief by- SPECIAL PERMIT under Nantucket Zoning By-law (the "By-law") §139-10.B (Limited Commercial District) and §139-33.A (alteration or expansion of a pre-existing, nonconforming use/structure) in order to convert an existing single-family dwelling into office space that would also contain ancillary storage space. Applicant proposes to operate its architectural business out of,the main structure. The main structure is nonconforming as to the side yard setback requirement, having a setback on the east of about 3.3 feet at its closest point, in a district that requires a side yard setback of five feet. The structure is said to predate the 1972 effective date of the Nantucket Zoning By-law and to have been used as office space by a predecessor in title since at least 1993 without benefit of relief from this Board. Applicant also seeks relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-18 (Parking requirements). The structure contains about 1,650 square feet of gross floor area with about 1,000 square feet being used for office purposes and the remaining about 650 square feet used for ancillary storage space. A total of five spaces would be needed for the new use. Applicant can physically provide five spaces on the site in a stacked manner, including the two contained in the existing garage on the Locus. Five conforming spaces may not be possible to provide, and therefore, relief would be necessary to allow backing out of the Locus, and a waiver of three parking 'spaces and aisle width requirements to validate the proposed parking plan. The structures and the Locus otherwise comply with all dimensional requirements of the By-law. The Premises is located at 82 EASTON STREET, Assessor's Map 42.4.2, Parcel 005, Plan Book 7, Page 40, Lot 4. The Locus is zoned Limited -Commercial ("LC"). 3. Our Decision is based upon the Application and accompanying materials, and representations and testimony received at our public hearing. The Planning Board made no BOOK 87 8 PAGE 0117 recommendation as this matter was not of planning concern. There was no opposition presented at the public hearing. There were five letters in the file. Two letters were from neighbors who expressed opposition to the Application based upon concerns about added traffic and on street parking congestion. There were two letters from the immediate abutters to the east and west on file in favor. They asked that the Board waive the parking requirements to avoid disturbing existing yard area and mentioned that backing out of driveways was common practice already in the neighborhood. One letter was submitted by a former employee of the. immediate predecessor in title, in which he stated that the structure had been used for office purposes without any complaint during his tenure. 4. Applicant, through counsel and personal testimony, represented that they proposed to use the existing structure upon the Locus as an office for Applicants' architectural firm and to use the garage for parking. About 1,000 square feet of the structure would be used as office space. The balance of the structure, including the basement, would be used for storage ancillary to the proposed office use. Only one business, the architectural firm, would operate out of the Locus. Under Zoning By-law §139-10.B, professional offices are permitted in the LC by Special Permit. Applicants stated that there was traditionally little traffic generated by their office, with a majority of clients being met at their building sites. 5. Applicant represented that the Locus was in the same ownership as the abutting hotel (known as the Harbor House) from 1962, until January 2004. During this time, the structure on the Locus was used as employee housing and as offices for the management of the hotel and other holdings. As set forth in the letter from the former employee of the immediate predecessor in title to Applicant, the structure was used as office space at least from 1998 to the present. In addition, information was presented at the hearing that such office use dates back to at least 1993, and that permit records in the Building Department files reflect such use. Applicant further represented that in all likelihood the structure had not been used as a single-family dwelling since a time prior to 1972, having been owned by a business entity since 1962. 6. Applicants represented that under Zoning By-law §139-18, five parking spaces would be required for the proposed 1,000 square -foot office space (one for every 200 square feet). Although Applicant might be able to provide all five required spaces on site, this would require Appiicant to remove mature trees and plantings and virtually turn the entire property into a paved parking area, which would not be in harmony with surrounding properties and would, as a result, destroy the scenic and historic integrity of the neighborhood, which is primarily commercial, as shown on an area map presented by Applicant at the hearing. Applicant can provide five parking spaces on site (two 2 BOOK 8 7 8 PAGE O 118 in the garage and three stacked in the driveway), but these spaces would not conform to the requirements of the Zoning By-law in that, in addition to being stacked, the spaces would necessitate backing out into the street, and the existing driveway did not meet aisle width requirements. 7. Therefore, based upon that the Locus has been used time without incident and that Locus are in favor of the following findings: the foregoing, the Board notes for commercial purposes for some the two immediate abutters to the requested relief and makes the (a) That use of the pre-existing, nonconforming structure upon the Locus as an office of about 1,000 square feet for an architectural firm, with the balance of the structure being used for storage ancillary to such office, and with the garage upon the Locus being used for parking, is not substantially more detrimental to the neighborhood than the existing use and is in harmony with the generalpurpose and intent of the Zoning By-law. (b) That the granting of a Special Permit waiving strict compliance with the parking requirements set forth in Zoning By-law §139-18 is in harmony with the general purpose and intent of the By-law; that compliance with the parking requirements of §139-18 is physically impossible for the Applicants to provide and, even if physically practical, would have a significant and adverse effect on the scenic and historic integrity of the neighborhood; and that the granting of such relief is not contrary to sound traffic and safety considerations. (c) That relief from the requirement of an off-street loading facility is not required because the proposed use does not involve transport vehicle loading and unloading. 8. Accordingly, by a UNANIMOUS vote, the Board of Appeals GRANTS the requested relief by SPECIAL PERMIT under Nantucket Zoning By-law §§139-10.B and 139-33.A, allowing the use of the existing structure upon. the Locus, which is pre-existing, nonconforming as to side yard setback, as an office of about 1,000 square feet for an architectural firm, with the balance of the structure being used for storage ancillary to. such office, and with the garage upon the Locus being used for parking, and under Nantucket Zoning By-law §139-18, waiving strict compliance with the parking requirements of §139-18 to validate the parking plan submitted, subject to the conditions set forth in Paragraph 9. 9. The relief hereby granted is subject to the following conditions: (a) The parking area on the Locus shall be laid out in 3 BOOK $ r $ PAGE 0119 substantial conformity to the "Parking Plan for 82 Easton Street", as marked by the Applicants, dated February 6, 2004, a reduced copy is attached hereto and marked as Exhibit A. (b) The use of the existing structure upon the Locus as an office of about 1,000 square feet for an architectural firm, with the balance of the structure being used for storage ancillary to such office, and with the garage upon the Locus being used for parking, shall not be changed to any other use without further relief from this Board. (c) Only one businesserv+ifl shall be allowed on the Locus at any one time. 10. Under separate action, by a UNANIMOUS vote, the Board waived the site plan review requirement under By-law §139-23. Dated: February ,7d , 2004 4 l�u"kj - Fancy J. /S vrens Dale Wa C. Richard Loftin _ m C N3 N N W 1 �V 3e BOOK - 7 8 PAGE 0120 TON ,: ht log 77r r r. arc. P, h arta :i� jn -lot ass X� �� .�t �'. �f2•r� �� j �\� r ��♦. •r.��,�tl,�,Ts�. w:. 1. �.. 'I' , 1 � t� ti ' , � !r•Mf .1 • k • •y�r�'�?ti :.s n 1 M' _ t • '' �: Iilil '' 7C� BOOK 8 7 8 PAGE 0121 • .'•' •,•;(" tit•+�:', �•`r„,k TRUE COPY •r 4 . r •- ' ; • NANTUCKET TO WN CLERK • . ' . • Nan t Co nt Received & Enter I CER11TY MAT 20 DAY'S HAVE EL USM AFI•nr. TRE DDMON WAS FLED rN THE O'r7ICE Of TIM TCrWN CiXM AHD MAT NO APPS M. IMS 1:' 'i Dai41 Time: � .. . Attest: �.,w,��. Reglatw of Deeds MAR 12 2004 Errd of Instrument Bk: 01155 Pg: 31 /30/2008 01:47 PM TOR'VPOFNANTUCKET BOARD OF APPEALS 9 NANTUCKET, MASSACHUSETTS 02554' Date: September 5 ,2008 To: Parties in Interest and.Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 041-08 Owner/Applicant: Sarah F Alger, Trustee of Rare Half Gas Realty Trust 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 Land Court within TWENTY (2D) 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 Michael J. O'Mara, chairman 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 508-228-7215. Bk: 01155 Pg: 32 NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Lot 4 Assessor's Map 42.4,2, Parcel 5 plan Book 7, Page 40 Book 869, Page 161 g2 Easton Street Limited Commercial DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, June 12, 2008, at 1:00 P.M., in the Garage Area at Two Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of Sarah F. Alger, as Trustee of Rare Half Gas Realty Trust, Two South Water Street, Nantucket, Massachusetts 02554, File No. 041-08. 2. Applicant is seeking to modify the Special Permit granted by the Nantucket Zoning Board of Appeals on February 20, 2004, in File No. 011-04 to allow the demolition of the existing garage upon the premises and the replacement of such garage with the construction of a new garage containing a studio, all in accordance with Certificate of Appropriateness #51490 issued by the Nantucket Historic District Commission. In connection with this proposed modification, the Applicant also seeks relief by Special Permit from the parking requirements under By-law §139- 18. The Applicant would continue to provide the parking spaces required under the 2004 Special Permit but does not propose to provide any additional parking. The site is located at 82 Easton. Street, is shown on Nantucket Tax Assessor's Map 42.4.2 as Parcel 5, is shown on plan recorded with Nantucket Deeds in Plan Book 7, Page 40 as Lot 4, is owned by deed recorded with Nantucket Deeds in Book 869, Page 161, and is located in the Limited Commercial Zoning District. 3. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. The application presented no issues of planning concern and the Planning Board made no recommendation. There was no opposition in the form of testimony or letters presented at the public hearing. 4. The Special Permit issued by the Board in File No. C11- 04, dated February 20, 2004, recorded with Nantucket Deeds in Book 878, Page 115 (the 112004 Special Permit") contained conditions in Paragraph 9 that required the parking to be laid out in a certain way and provided that the permitted uses of the premises could not be changed without further relief from the Board. The Applicant intends to demolish the existing garage and replace it with a garage containing a studio to be used by the occupants of the main building. The condition of the 2004 Special Permit requiring that only one business entity shall use the Locus at any one time would remain in full force and effect. In addition, the Applicant would continue to provide the parking Bk: 01155 Pg: 33 spaces required under the 2004 Special Permit; however, the configuration and the location of those spaces would be modified in accordance with the approved plans. 5. Therefore, based on the foregoing, the Board makes the following findings: (a) That modifying the 2004 Special Permit and permitting the demolition of the existing garage and the construction of a garage with studio is not substantially more detrimental to the neighborhood than the existing uses and is in harmony with the general purpose and intent of the Zoning By-law. (b) That continuing to waive strict compliance with the parking requirements -set forth in §139-18 is in harmony with the general purpose and intent of the Zoning By-law; that compliance with the parking requirements of §139-18 is physically impossible for the Applicant to provide; and, even if physically practical, would have a significant and adverse effect on the scenic and historic integrity of the neighborhood; and that the granting of such relief is not contrary to sound traffic and safety considerations 6. Accordingly, for the reasons stated above, by UNANIMOUS vote, the Board GRANTS the requested relief by SPECIAL PERMIT under Nantucket Zoning By-law §§139-10.b, 18, &33A, modifying the 2004 Special Permit, and specifically the conditions set forth in Paragraphs 9(a) and (b) thereof, to allow the demolition of the existing garage and the construction of a new garage with a studio and waiving strict compliance with the parking requirements of §139-18, subject to the conditions of Paragraph 7 below. 7. The relief here by granted is subject to the following conditions: (a) Only one business entity shall be allowed to operate on the locus at any one time. (b) No exterior construction, with the exception of routine maintenance such as painting and landscaping, shall be permitted upon the locus between June 15 and September 15 of any year. (c) The locus shall be improved in substantial conformity to Certificate of Appropriateness #51490 issued by the Nantucket Historic District Commission, as the same may be modified and amended. (d) No further change in any permitted use upon the locus shall be allowed with further relief from this Board. (e) All work shall be done in substantial compliance with the plot plan attached as "Exhibit All entitled, "Plot Bk: 01155 Pg: 34 Plan to Accompany Notice Massachusetts", dated April Surveying. of Intent in Nantucket, 15, 2008, prepared by Emack 8. To the extent necessary, the Board waives, by UNANIMOUS VOTEthe site plan review requirement of Nantucket Zoning By-law , 5139-23. Dated: David Wiley COMMONWEALTH OF MASSACHUSETTS Nantucket, SS. September 0 , 2008 On this 4 day of September, 2008, before me, the undersigned Notary Public, personally appeared Af kr , who is personally known to me, and who is the person whose name is signed on the preceding or attached document, and who acknowledged to me that he signed it voluntarily for its stated purpose. Notary Public: VU?es5a K- My commission expires: 3%lc t CERTIFY THAT 20 DAYS HAVE ELAPSED AFTER THE DECISION WAS FILED IN THE OFFICE OF THE TOWN CLERK, AND THAI -40 APPEAL. HAS BEEN FILED, FUR _ LAWS MON11 TOWN CLERK SEP 3 0 2003 Bk: 01155 Pg: 35 Tem: TDP OF9A 85 `LG NAIL SET W APRON ELFv- 5., 3, los+ Hn 43�`ti � 1 43 32 F� ND \ 1 ` LOT +4 ,k 5742 _ SF • ` 3, N DHCB FWD �h11r�i ?L CURRENT ZONING: LC MINIMUM LOT SIZE: 5.000 SF MINIMUM FRONTAGE: 40 FT FRONTYARD SETBACK: NONE SIDE ANO REAR SETBACK: 5 FT ALLOWABLE G.C.R.: 50% EASTING G.C,R,: 25,3X' PROPOSED G.C.R.: 30.OX ± E)GSTING G.C. OFFICE/APT: 1Wd SF± E70STING G.C. GARAGE: 370 SF - PROPOSED G.C. GARAGE/STUOIO 640 SF± 610 ` 2 STORY WOOD FRAME \ OFFlCAPARTTMENT WITH 1 1 LEGEND 5X7 EXISTING SPOT GRADE \ ® . PROPOSED SPOT GRADE S C ® �. ♦wtµ 9` �. .Y s1D A. 6 PLOT PLAN TO ACCOMPANY NOTICE OF INTENT IN NANTUCKET, MASSACHUSETTS SCALE: 1•-10' DATE: FEB 15, 2008 REVISED: APRIL 15, 2008 DEED REFERENCE: DBK 869, PG 151 PLAN REFERENCES: PL SK 7, PG 40 LC PLAN 39477-A ASSESSOR'S REFERENCE: MAP: 42.4.2 PARCEL: 5 PREPARED FOR: RARE HALF GAS REALTY TRUST EMACK SURVEYING 2 WASHAMAN AVENUE NANTUCKET, MA. 02554 (508) 325-0940 N,9, 19/23 NOTE: OFFICE NULDp4 MITA APARTMENT DOES NOT =WORM TO CURRENT ZONNG REOU tII3AE T5 rfTF1 RESPECT TO WE YARD SEMACK { HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE THAT THE PRV&M SNO'iM OH THIS PLAN ARE LOCATED MTM1 THE A-7. ELEV 6 ZONE AS DEUMEATEO ON THE 'FMr MAP OF CWWHRY NO, 254230: MASS, EFTECTIVE: 6-5-66, REVISED 7-2-22 BY THE FEDRFAL DIUKI)OY MANAGEMENT AfiWY, R e iD = OT C C7 7 Imo,., w � x� s -< 'R I w rt ry / T 7 �1' �;i,E::: •'.� Seo..... sx 43.35 AtiA T �iDb A5.43 F HIF " OHCS FOR PROPERTY UNE DE1EI"NATIOH rAS PLOT PLAN NO RELIES CN CURRENT DEEDS me PLAM OF RECORD, VTc7tlM Ely REL.D MEASUREMENTS AS SHOW HEREON. THIS PLAN IS NOT RU"E"TEU TO K A TIP,F EXAWKATIOH OR A RECIMAB[E SURWY. J-639 Town of Nantucket I Zoning Board of Appeals. @pq9� RF�Fi Ap40 ,9,19t? pFgSSF spR s �0 1 r NgNr� /V 8 �Rq LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER.B'A Chicken Little.LLC ................................................. MAILING ADDRESS c/o Sarah F. Al�er.P:C., Four North Water Street PROPERTY LOCATION .82 Easton Street ..... . ....... ................................. ASSESSOR MAPIPAR.CEL.4242/5...„................................................ SUBMITTED EY..lJpl1y.Fexn4n40...................................................... 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. I 1 and Zoning Code Chapter 40A, Section 139-29B (2). � 3- Ig DATE ASSESSOR'S OFFICE TOWN OF NANTUCKET 4241 4241 NANTUCKET ISLAND RESORTS LLC NORTH NOMINEE TRUST C/O NEW ENGLAND DEVELOP-ACCTING . C/O GONNELLA MARK 75 PARK PLAZA #3 8106 OAKTON CT UNIT D BOSTON, MA 02116 W PALM BEACH, FL 33406 4241 4241 TAYLOR KIMBERLY K ETAL WHIRL TRADE NOMINEE TRST 76 EASTON ST C/O MCGLINN LISA A NANTUCKET, MA 02554 210 TELLURIDE TRAIL CHAPEL HILL, NC 27514 4241 BLOOMFIELD KAREN C & JAMES M 336 SUGARBERRY CIRCLE HOUSTON, TX 77024 4241 NANTUCKET HOTEL HOLDINGS LLC 321 COMMONWEALTH RD STE 201 WAYLAND, MA 01778 4241 ADAMS ROBERT L & JULIE DEVITO 140 CLIFTON STREET BELMONT, MA 02478 4241 MEYER THOMAS MICHAEL 7011 SEA CLIFF RD MCLEAN, VA 22101 4241 KAIZER PETER T & KANIA THEA K TR 6 NORTH BEACH REALTY TRUST 8 N BEACH ST NANTUCKET, MA 02554 4241 KAIZER PETER H & THEA K TR 8 N BEACH ST NANTUCKET, MA 02554 4241 KAIZER PETER H & THEA K TR 4 DOLPHIN REALTY TRUST 8 N BEACH ST NANTUCKET, MA 02554 4241 LANE WILLIAM F & JAYNE E TRST 41 MASSASOIT RD DUXBURY, MA 02332 4241 WOLFF BARBARA JEAN TRST LE DOLPHIN TRUST 6323 STEFANI DRIVE DALLAS, TX 75225 4241 NATIVE BREEZE LLC BOX 301 WATERTOWN, MA 02472 4241 PHYLJAN LLC PO BOX 49334 SARASOTA, FL 34230 4241 VISCO PHYLLIS J & DONALD T PO BOX 1081 NANTUCKET, MA 02554 4242 NANTUCKET ISLAND RESORTS LLC C/O N E DEVELOPMENT -ACCOUNT DEPT 75 PARK PLAZA #3 BOSTON, MA 02116 4242 WINN GARY TRST ETAL 25 N WATER ST NANTUCKET, MA 02554 4242 GOOD STEPHEN & SANDRA JONES 171 CHESTER ROAD NORTH FALMOUTH, MA 02556 4242 BIG CHICKEN LITTLE LLC PO BOX 1407 NANTUCKET, MA 02554 4242 MARTIN DOLORES PAINO 10 CART PATH ROAD WESTON, MA 02493 4242 ERNST NANCY S 22 N WATER STREET NANTUCKET, MA 02554 4242 ROSS CYRIL C JR & JUDITH L PO BOX 1033 NANTUCKET, MA 02554 4242 JOHNSON SALLY R TRUSTEE C/O JOHNSON KELLY 1478 LIPTON CIRCLE SUFFOLK, VA 23434 4242 JOHNSON SALLY R TRST ETAL C/O JOHNSON KELLY 1478 LIPTON CIRCLE SUFFOLK, VA 23434 4242 BUTTERWORTH GEORGE P & KATHLEEN 23 N WATER ST NANTUCKET, MA 02554 4243 STORER ALIDA L & RICHARD E P O BOX 772 NANTUCKET, MA 02554 4241 4242 4244 SOUTH NOMINEE TRUST NANTUCKET ISLAND RESORTS LLC NANTUCKET BARN LLC 71 EASTON STREET C/O NEW ENGLAND DEVELOP-ACCTING . 80 PLYMOUTH RD NANTUCKET, MA 02554 75 PARK PLAZA #3 NEWTON, MA 02461 BOSTON, MA 02116 �P W N O r OD OD i N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N ,A W N N H V U1 M Ln � W N H H r H H H H O O N Cn Cn MP J (P W w N I C J .A O N O l0 J f O H O O O O O r�i y H x O xO O z O H x x m 7d n O Z H ',V H z z m m H C7 H Z H0 N H '' 1 C 7 '.0 H H N N N [•] 33 H O t - ,3 H C t+] M m m H H n C C 0 4 C h] N x x C9 t� t J 7u m cCi H w C) 7d O O n z x cn n G� n h7 7d 70 7d x £ z z K z H H x x ro H Z Z H 7d x t•] O 7d d o [�] C=J 7c7 [ J x by M O W ��11 r 3 LJ C%1 H Lam-' H H H H H t' n tt, N x H K H t, t. t.1 W H t7 H H. 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Valk, ,... 4 CLERK. 2013 JUL 13 PM I: 19 \C�'9pOflA'I��\`�1l TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: July 12 , 2018 To : Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No. : 18-18 Owner/Applicant: BIG CHICKEN LITTLE , LLC Property Description: 82 Easton Street Map 42 . 4 . 2 , Parcel 5 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 . E eanor 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 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 42.4.2, Parcel 5 Book 1363,Page 44 82 Easton Street Plan Book 7, Page 40 Residential Old Historic (ROH) Lot 4 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals ("ZBA"), at 1:00 P.M. on Thursday, June 14, 2018, in the Conference Room, at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following Decision on the application of BIG CHICKEN LITTLE,LLC, 82 Easton Street,Nantucket, Massachusetts 02554, File No. 18-18. 2. Applicant is seeking to modify prior Special Permit relief,as previously modified,to allow for conversion of an existing studio into either a garage apartment or primary dwelling unit. To the extent necessary, Applicant seeks further Special Permit relief from the parking requirements under Nantucket Zoning By-law (the `By-law") §139-18.B. As a result of a zoning change from Limited Commercial to Residential Old Historic ("ROH") approved at the 2015 Annual Town Meeting, the lot is pre-existing nonconforming as to use, with an office building upon the Locus, and as to frontage. The Locus is situated at 82 Easton Street, is shown on Assessor's Map 42.4.2 as Parcel 5, and as Lot 4 on Plan Book 7, Page 40. Evidence of owner's title is recorded in Book 1363, Page 44 on file at the Nantucket Registry of Deeds. 3. Our decision is based upon the application and accompanying materials and representations and testimony received at our public hearing. There was no Planning Board recommendation on the basis that no matters of planning concern were presented. The Board received no letters in favor of or in opposition to the application. 4. Applicant seeks relief under By-law §§139-30 and 139-33.A(1)(a) to modify the Special Permit in Case No. 011-04,dated February 20,2004,recorded with Nantucket Deeds in Book 878, fi Page 115, as previously modified by Special Permit in Case #041-08, dated June 12, 2008, recorded with Nantucket Deeds in Book 1155, Page 32, to allow the conversion of the existing studio upon the Locus to use as a garage apartment or primary dwelling unit. To the extent necessary, the Applicant also seeks relief by Special Permit from the parking requirements under By-law §139-18. The Applicant would continue to provide the parking spaces required under the 2004 Special Permit, as amended, but does not propose to provide any additional parking. The 2 Locus is pre-existing nonconforming as to use,having a structure used as an office building,as to frontage, having frontage of about 43.32 feet where 50 feet are required, as to side setback, the office building having setback of about 2 feet where 5 feet are required, and as to parking. 5. The Applicant, through its attorney, explained to the Board that it proposes to convert the existing studio in the garage upon the Locus to use as a garage apartment or primary dwelling unit. No exterior changes to the garage structure are required except the addition of a door and step on the south side of the structure, which have been approved by the Nantucket Historic District Commission. Following the conversion,one parking space will be provided in the garage structure and four stacked spaces will be provided in the driveway. The condition of the prior permits as to only one commercial use on the Locus at one time and seasonal construction restrictions would remain in place. 6. Therefore, after a discussion with the Applicant's attorney and taking testimony from the public,and based upon the foregoing,the Board finds that granting the relief as requested to modify the existing Special Permit, as previously modified, and to allow the conversion of the existing studio upon the Locus to use as a garage apartment or primary dwelling unit, as proposed by the Applicants and shown on the Site Plan, with no parking being provided except one parking space in the garage structure and four stacked spaces in the existing driveway, is in harmony with the general purposes and intent of the By-law and will not be substantially more detrimental to the neighborhood than the existing uses;that full compliance with the parking requirements of the By- law is physically impossible for the Applicant to provide, or, if physically possible, would have a significant adverse effect upon the scenic or historic integrity of the neighborhood; and that the granting of relief would not be contrary to sound traffic,parking or safety considerations. 7. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board grants relief by SPECIAL PERMIT pursuant to By-law §§139-18.D, 139-30, 139-33.A(1)(a) modifying the Special Permit in Case No. 011-04, dated February 20, 2004, recorded with Nantucket Deeds in Book 878, Page 115, as previously modified by Special Permit in Case #041-08, dated June 12, 2008,recorded with Nantucket Deeds in Book 1155, Page 32, and its conditions, and allowing the conversion of the existing studio upon the Locus to use as a garage apartment or primary dwelling unit, as proposed by the Applicants and shown on the Site Plan, with one parking space in the garage structure and four stacked spaces in the existing driveway, subject to the following conditions(which are in place of,and not in addition to,any conditions imposed in prior decisions): (a) Only one business entity shall be allowed to operate on the Locus at any one time. (b) No exterior construction, with the exception of routine maintenance such as painting and landscaping, shall be permitted upon the Locus between June 15 and September 15 of any given year. 3 (c) No further change in any permitted use upon the Locus shall be allowed without further relief from this Board. (d) The Locus shall be in substantial conformity to the plot plan drawn by Emack Surveying,LLC,dated April 10,2018,a copy of which is attached hereto as Exhibit A. (e) Five (5) parking spaces shall be provided on the Locus; one (1) in the garage - structure and four(4) stacked in the driveway 8. To the extent necessary, the Board waives, by UNANIMOUS VOTE, the site plan review requirements of By-law §139-23. siGNALujar 4 Assessor's Map 42.4.2, Parcel 5 Book 1363, Page 44 82 Easton Street Plan Book 7, Page 40 Residential Old Historic (ROH) Lot 4 Dated: June 14,2018 i41 Ed .fd S. oole #...-_;---- san by 4...„\----,,____ James Mondani - /i.-- M. k Poor / 0,,-4,, ( t2___ Geoffrey Thayer COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. T On the /2.-- day of V .4 , 2018, before me, the undersigned notary public, personally appeared k 7640-e, , 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 they signed the foregoing instrument as their free act and deed and voluntarily for the purposes therein expressed. &I/3/14-6(i • Official Signature and Seal of Notary Public My commission expires: 1 LESLIE WOODSON SNELL _ NOTARY PUBLIC p :::::.--=-4,rw—. CO;;'dONWEALTHOFMASSACHUSETTS I°y Comm.Expires Sept 28,2018 - � .,. --41.----....-,--.....--.--...-...--c....--....--...---..-.) 5 "EXHIBIT A" FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN RELIES ON CURRENT DEEDS AND PLANS OF RECORD, VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON. THIS PLAN IS NOT REPRESENTED TO BE A TITLE EXAMINATION OR A RECORDABLE SURVEY. DHCB FND ,P) (c0 A�32 �' p' NOTE: " ' LOT+4 OFFICE BUILDING DOES NOT CONFORM • \ �.\ 5742 _ SF TO CURRENT ZONING REQUIREMENTS CTR CB �k •'� FND \•. 2 WITH RESPECT TO SIDE YARD SETBACK. \ e ssep _- � 3uk . .\ 0 "5. ,< \.• 4 111. Z � 5 J 2 > Z N &Lone . 2w sty/ \ 0 k �� P steQ.\ L office building 2 '' kp V2- Vc v N , 3r5 -- -o v oVI ••�ROBER�T yes tP deck 4� w S EMACK . N Q :N No 37730 �o �. . • ...••.. . . �. v Ffy.'� ISTER\'SJea, \-e�ey.% ' . h . AL LANA. \ ,a\� po�c _t �•,k � 5� existing 1 1/2 sty, w/f garage studio PLOT PLAN TO ACCOMPANY to be garage/ 12.26 — APPLICATION TO ZBA IN apartment (j,oc`o6\ �2 DHCBND NANTUCKET, MASSACHUSETTS ` sk-e�p,o'!° - SCALE: 1"=20' DATE:APRIL 10, 2018 6 ` o P�43) \k ,� Rc5 �"c DEED REFERENCE:DBK 1363, PG 44 i, cS) A5 42•x'PNO RESO PLAN REFERENCES:LC PL 3 36477P A 40 & �rDFND NPS-C\3CKES SSL ASSESSOR'S REFERENCE: Ni MAP: 42.42 PARCEL: 5 PREPARED FOR: CURRENT ZONING: ROH BIG CHICKEN LITTLE LLC MINIMUM LOT SIZE: 5,000 SF MINIMUM FRONTAGE: 50 FT EM ACK SURVEYING, LLC FRONTYARD SETBACK: NONE SIDE AND REAR SETBACK: 5 FT 2 WASHAMAN AVENUE ALLOWABLE G.C.R.: 50% NANTUCKET, MA. 02554 EXISTING G.C.R.: 30.1% ± (508) 325-0940 proposed isEXISTING G.C. OFFICE: 1080 SF ± N.B. 19/23 unchanged EXISTING G.C. GARAGE/STUDIO: 650 SF— J-1218 NANTUCi�� >3�otl��N7UC� O W N c L E F t_ 2019 JUL 13 PM 1: 19 9p0RAX TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: July 12, 2018 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No.: 18-18 Owner/Applicant: BIG CHICKEN LITTLE, LLC Property Description 82 Easton Street Map 42.4.2, Parcel 5 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. E eanor 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 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 42.4.2, Parcel 5 Book 1363, Page 44 82 Easton Street Plan Book 7, Page 40 Residential Old Historic (ROH) Lot 4 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals ("ZBA"), at 1:00 P.M. on Thursday, June 14, 2018, in the Conference Room, at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following Decision on the application of BIG CHICKEN LITTLE, LLC, 82 Easton Street, Nantucket, Massachusetts 02554, File No. 18-18. 2. Applicant is seeking to modify prior Special Permit relief, as previously modified, to allow for conversion of an existing studio into either a garage apartment or primary dwelling unit. To the extent necessary, Applicant seeks further Special Permit relief from the parking requirements under Nantucket Zoning By-law (the `By-law") § 139-18.B. As a result of a zoning change from Limited Commercial to Residential Old Historic ("ROH") approved at the 2015 Annual Town Meeting, the lot is pre-existing nonconforming as to use, with an office building upon the Locus, and as to frontage. The Locus is situated at 82 Easton Street, is shown on Assessor's Map 42.4.2 as Parcel 5, and as Lot 4 on Plan Book 7, Page 40. Evidence of owner's title is recorded in Book 1363, Page 44 on file at the Nantucket Registry of Deeds. 3. Our decision is based upon the application and accompanying materials and representations and testimony received at our public hearing. There was no Planning Board recommendation on the basis that no matters of planning concern were presented. The Board received no letters in favor of or in opposition to the application. 4. Applicant seeks relief under By-law §§139-30 and 139-33.A(1)(a) to modify the Special Permit in Case No. 011-04, dated February 20, 2004, recorded with Nantucket Deeds in Book 878, Page 115, as previously modified by Special Permit in Case #041-08, dated June 12, 2008, recorded with Nantucket Deeds in Book 1155, Page 32, to allow the conversion of the existing studio upon the Locus to use as a garage apartment or primary dwelling unit. To the extent necessary, the Applicant also seeks relief by Special Permit from the parking requirements under By-law §139-18. The Applicant would continue to provide the parking spaces required under the 2004 Special Permit, as amended, but does not propose to provide any additional parking. The E Locus is pre-existing nonconforming as to use, having a structure used as an office building, as to frontage, having frontage of about 43.32 feet where 50 feet are required, as to side setback, the office building having setback of about 2 feet where 5 feet are required, and as to parking. 5. The Applicant, through its attorney, explained to the Board that it proposes to convert the existing studio in the garage upon the Locus to use as a garage apartment or primary dwelling unit. No exterior changes to the garage structure are required except the addition of a door and step on the south side of the structure, which have been approved by the Nantucket Historic District Commission. Following the conversion, one parking space will be provided in the garage structure and four stacked spaces will be provided in the driveway. The condition of the prior permits as to only one commercial use on the Locus at one time and seasonal construction restrictions would remain in place. 6. Therefore, after a discussion with the Applicant's attorney and taking testimony from the public, and based upon the foregoing, the Board finds that granting the relief as requested to modify the existing Special Permit, as previously modified, and to allow the conversion of the existing studio upon the Locus to use as a garage apartment or primary dwelling unit, as proposed by the Applicants and shown on the Site Plan, with no parking being provided except one parking space in the garage structure and four stacked spaces in the existing driveway, is in harmony with the general purposes and intent of the By-law and will not be substantially more detrimental to the neighborhood than the existing uses; that full compliance with the parking requirements of the By- law is physically impossible for the Applicant to provide, or, if physically possible, would have a significant adverse effect upon the scenic or historic integrity of the neighborhood; and that the granting of relief would not be contrary to sound traffic, parking or safety considerations. 7. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board grants relief by SPECIAL PERMIT pursuant to By-law §§139-18.D, 139-30, 139-33.A(1)(a) modifying the Special Permit in Case No. 011-04, dated February 20, 2004, recorded with Nantucket Deeds in Book 878, Page 115, as previously modified by Special Permit in Case #041-08, dated June 12, 2008, recorded with Nantucket Deeds in Book 1155, Page 32, and its conditions, and allowing the conversion of the existing studio upon the Locus to use as a garage apartment or primary dwelling unit, as proposed by the Applicants and shown on the Site Plan, with one parking space in the garage structure and four stacked spaces in the existing driveway, subject to the following conditions (which are in place of, and not in addition to, any conditions imposed in prior decisions): (a) Only one business entity shall be allowed to operate on the Locus at any one time. (b) No exterior construction, with the exception of routine maintenance such as painting and landscaping, shall be permitted upon the Locus between June 15 and September 15 of any given year. 3 (c) No further change in any permitted use upon the Locus shall be allowed without further relief from this Board. (d) The Locus shall be in substantial conformity to the plot plan drawn by Emack Surveying, LLC, dated April 10, 2018, a copy of which is attached hereto as Exhibit A. (e) Five (5) parking spaces shall be provided on the Locus; one (1) in the garage structure and four (4) stacked in the driveway 8. To the extent necessary, the Board waives, by UNANIMOUS VOTE, the site plan review requirements of By-law §139-23. 4 Assessor's Map 42.4.2, Parcel 5 82 Easton Street Residential Old Historic (ROH) Dated: June 14, 2018 Book 1363, Page 44 Plan Book 7, Page 40 Lot 4 Geoffrey Thayer COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. On the JL— day of 3 K ` , 2018, before me, the undersigned notary public, personally appeared , 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 they signed the foregoing instrument as their free act and deed and voluntarily for the purposes therein expressed. fW& Official Signature and Seal of Notary Public My commission expires: S� LESLIE WOODSON SNELL s NOTARY PUBLIC CO„;'AONWMTH OF MASSACHUSETTS ry Comm. Expires SepL 28, 2018 >, 5 FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN RELIES ON CURRENT DEEDS AND PLANS OF RECORD, VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON. THIS PLAN IS NOT REPRESENTED TO BE A TITLE EXAMINATION OR A RECORDABLE SURVEY. a EAS'T°lIzA CTR CB FN D �H Of M�s� ROBERT A. EACK No. 37730 0 DHCB FND Pi 4.b .5bAr �� 32 LOT 4 ...� S.- 5742 ± SF \ oe of CIO \ / 2 st O N sk-one\ w/fy/ \ C office building 7 0 y _ ..:• . deck PLOT PLAN TO ACCOMPANY APPLICATION TO ZBA IN NANTUCKET, MASSACHUSETTS SCALE: 1"=20' DATE: APRIL 10, 2018 DEED REFERENCE:DBK 1363, PG 44 PLAN REFERENCES: PLBK 7, PG 40 & LC PL 36477—A ASSESSOR'S REFERENCE: MAP: 42.42 PARCEL: 5 "EXHIBIT A" NOTE: OFFICE BUILDING DOES NOT CONFORM TO CURRENT ZONING REQUIREMENTS WITH RESPECT TO SIDE YARD SETBACK. \2�k N do LP existing \ '-,1 1/2 sty-- w/f garage studio Jo be garage/-- apartment cP ptop 53 Q 43 o *DHCB 'S, F N D 226'_. DHCB a� �• FND 01C 42.4'2,3 R�SOR(S, PN�6CK�� \S�P�O N IF N PREPARED FOR: CURRENT ZONING: ROH BIG CHICKEN LITTLE LLC MINIMUM LOT SIZE: 5,000 SF MINIMUM FRONTAGE: 50 FT EMACK SURVEYING, LLC FRONTYARD SETBACK: NONE 2 WASHAMAN AVENUE SIDE AND REAR SETBACK: 5 FT ALLOWABLE G.C.R.: 50% NANTUCKET, MA. 02554 EXISTING G.C.R.: 30.1%± (508) 325-0940 proposed is EXISTING G.C. OFFICE: 1080 SF ± N.B. 1923 unchanged EXISTING G.C. GARAGE/STUDIO: 650 SF— J-1 F 8