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Home My WebLink About34-18 14 Easy Street DecisionC NTU 3 o y9pORAS TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: November 8, 2018 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No.: 34-18 Owner/Applicant: JONATHAN RAITH, TRUSTEE OF 14 EASY STREET CONDOMINIUMS TRUST 14 EASY ST. LLC_, AND RICHARD P. BEAUDETTE, TRUSTEE OF THE BGG HOLDINGS NOM. TR. Property Description: 14 Easy Street Map 42.3.1, Parcel 13 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 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 42.3.1, Parcel 13 Book 1653, Page 324 14 Easy Street Book 1654, Page 28 Commercial Downtown (CDT) Book 1654, Page 52 Plan No. 2018-41 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals (the "Board") on Thursday, September 6, 2018, at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following Decision on the application of JONATHAN RAITH, TRUSTEE OF 14 EASY STREET CONDOMINIUMS TRUST, 14 EASY ST. LLC, AND RICHARD P. BEAUDETTE, TRUSTEE OF THE BGG HOLDINGS NOMINEE TRUST (the "Applicant"), c/o Cohen & Cohen Law PC, 34 Main Street, 2nd Floor, P.O. Box 786, Nantucket, Massachusetts 02554, in File No. 34-18. 2. Locus is subject to prior Special Permit relief which permitted partial demolition and alteration of the existing two-story mixed use structure and use, and other changes, as provided in Zoning Board of Appeals File Nos. 57-14, 69-14, and 18-15. The relief was subject to a condition which requires that "The Applicant shall provide for 20% open space, as defined in the By-law." The By-law was changed to exclude the Commercial Downtown zoning district from the 20% open space requirement by virtue of passage of Article 60 at the 2016 Annual Town Meeting. Applicant is requesting a finding that this condition no longer applies. In the alternative, applicant requests modification of prior relief by either elimination of the condition regarding 20% open space, or approval of an open space ratio of roughly 19.2% resulting from installation of a second parking space. The Locus is situated at 14 Easy Street, is shown on Assessor's Map 42.3.1 as Parcel 13, on Plan No. 2018-41. Evidence of owners' title is recorded in Book 1653, Page 324, Book 1654, Page 28, and Book 1654, Page 52 all on file at the Nantucket Registry of Deeds. The site is zoned Commercial Downtown (CDT). 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 matter of planning concern was presented. Other than the presentation by the applicant's counsel at the hearing, there was no testimony either in favor of, or in opposition to, the application. 2 4. The locus is a dimensionally conforming lot with an area of approximately 4,522 square feet in the CDT zoning district where minimum lot size is 3,750 square feet. The premises formerly contained a two-story structure of approximately 2,032 square feet, resulting in a 44.9% Ground Cover Ratio where 75% is allowed. The rear of the now - demolished and reconstructed structure was as close as 4.4 square feet from the rear lot line, where a five (5) foot setback is required. However, this nonconformity pre -dates the adoption of the Nantucket Zoning By-law. 5. Attorney Steven Cohen, representing the Applicant at the hearing, explained the that the Locus benefits from relief issued in three prior decisions in File Nos. 57-14, 69- 14, and 18-15 which granted approval to partially demolish and alter the existing two- story mixed use structure, to change the use, and to make other changes. The new structure contains two retail shops on the first floor and two apartments on the second and third floors. The Locus had substantial brick sidewalks, patio, and parking that predate and do not meet the 20% open space requirement pursuant to Section 139-16.E as it existed in 2014. The 2014 application ultimately did not require relief from 139-16(E) as the proposed open space requirement was thought to be met and, as a result, the Special Permit relief was granted subject to statement of facts in 5.f and condition 6.c requiring 20% open space. Passage of Article 60 at 2016 ATM amended the By-law to exclude the CDT zoning district from the 20% open space requirement, but the condition potentially remains on this lot pursuant to condition 6.c. Amended section Section 139-33.A(l) (Open Area) reads: Except for lots within the CDT District, a lot containing a commercial building, structure or use shall have a minimum of 20% of the land as open area free from impervious surfaces. 6. Therefore Applicant seeks confirmation that condition 6.c either no longer applies or may be eliminated by virtue of the aforementioned By-law amendment whereby CDT is exempt from the 20% open space requirement. In the alternative, Applicant seeks relief to modify the open space requirement to allow for the construction of a second parking space, which would result in an open space ratio of roughly 19.2%. On site parking is not required in the CDT. However, there are two apartments in the building. 7. Therefore, based upon the foregoing, the Board determined that the requested relief to allow for a roughly 19% Open Space ratio upon the Locus to allow for installation of two off-street residential -use parking spaces, and subject to the conditions below, may be granted based upon the findings that the By-law was amended in 2016, subsequent to issuance of the initial 2014 decision, to eliminate the open space 3 requirement in the CDT where the Locus is situated, and that the 19% open space will not be substantially more detrimental to the neighborhood than the existing 23.1%. 8. Accordingly, by a UNANIMOUS vote, the Zoning Board of Appeals grants a MODIFICATION of prior relief by SPECIAL PERMIT, specifically amending condition `6c' in Decision File No. 57-14. The modified relief is subject to the following conditions: a. The Applicant shall provide for 19% open space; b. The parking spaces installed upon the locus shall be restricted to use by occupants of the second floor residential units; c. Except as herein modified, the relief granted by this Board in the prior Decisions (File No. 57-14, 69-14, and 18-15) shall remain in full force and effect. SIGNATURE PAGE QEOLLOW 4 Assessor's Map 42.3. 1, Parcel 13 14 Easy Street Commercial Downtown (CDT) Dated: September 6, 2018 Nantucket, ss. Book 1653, Page 324 Book 1654, Page 28 Book 1654, Page 52 Plan No. 2018-41 COMMONWEALTH OF MASSACHUSETTS On the day of 2018, before me, the undersigned notary public, personally appeared r,(la.ac holt. ,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. r C Official Sia and Seal of Notary Public My commi s'on expires: (,�„ zap MEGAN O'SHF-A UQ# / Notary Puok G wromv*gM of A4as"&— is ��J / Aly Co "d3sion Ejq i as May 08, nie