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Home My WebLink About36-18 17 Main Street/2 South Water Street�pN7UC t'= 1 V s 201 C-C 14 PM 3: 24 c°9'°oeA TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: December 13, 2018 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No.: 36-18 Owner/Applicant: MICHAEL SCOTT REALTY CORPORATION Property Description: 17 Main St. a/k/a 2 South Water St. MICHAEL SCOTT REALTY CORPORATION CONDOMINIUM Map 42.3.1, Parcels 177-178 Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed with the office of the Nantucket Town Clerk. An 1�ppeal 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, Parcels 177 & 178 17 Main Street a/k/a 2 South Water Street Commercial Downtown (CDT) DECISION: Book 1580, Page 290 Plan No. 2017-16 Units 1-3 inclusive Michael Scott Realty Corporation Condominium 1. At a public hearing of the Nantucket Zoning Board of Appeals (the "Board") on Thursday, September 6, 2018, in the Conference Room, at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following Decision on the application of MICHAEL SCOTT REALTY CORPORATION, 17 Main Street, Nantucket, Massachusetts 02554, File No. 36-18: 2. Applicant is seeking to rescind and vacate, in full or in part, relief and conditions in previous decisions which are no longer required or applicable by virtue of a change in zoning from Residential - Commercial to Commercial -Downtown. The zoning change resulted in different dimensional, parking, loading, and use requirements which render the prior relief unnecessary. Specifically, Applicant is requesting that Special Permit relief granted in File No. 087-86 pursuant to Section 139-33.A for the expansion of the structure should remain in full force and effect whereas the remainder of said relief and the related conditions may be rescinded. Applicant requests that subsequent decisions (File Nos. 109-87, 024-90, 049-92, and 097-07) be rescinded in their entirety The Locus is situated at 17 Main Street / 2 South Water Street, is shown on Assessor's Map 42.3.1 as Parcels 177 & 178, and on Plan No. 2017-16. Evidence of owner's title is recorded in Book 1580, Page 290 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, 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. There was no opposition, written or oral, to the application. 4. Applicant's representatives explained the request to rescind all prior special permits due to the rezoning of the property from Residential Commercial ("RC") to CDT. At the time of the three prior applications (1988 application, Board of Appeals File No. 033-88, was withdrawn), the property was sited within the RC district and, as such, necessitated a waiver of the loading zone and parking requirements. The lot was subsequently placed in the CDT district. Moreover, the loading zone and 2 parking requirements for lots situated within the CDT were eliminated by virtue of the unanimous passage of Article 62 at the 2014 Annual Town Meeting. Furthermore, the uses contained within the building are allowed by right. Therefore, the Locus is substantially more conforming due to the change in zoning from RC to CDT and to the passage of Article 62. The Board discussed the rezoning of the property and determined that the existing and proposed uses of the premises for retail, residential, and commercial uses met all requirements of the CDT district and that Special Permit relief was no longer required as described below: #087-86: Applicant is seeking rescission of all references to elements of the Special Permit relief previously granted specifically related to Zoning By-law Sections 139-18 (Parking requirements); 139- 19 (Loading Zone) and 139-7C(2)(g) (Accessory apartment) as relief is no longer necessary in the CDT for those aspects. In addition, Applicant is seeking to vacate all conditions contained in said Decision. Retail use is allowed as a matter of right without requiring limits as to how many retail units may be contained in one structure due to lack of provision of parking and loading spaces (condition "a"). There is no longer a requirement for any apartment in the structure to be restricted to year-round use as an accessory unit (condition "c"). The maximum side yard setback requirement has been changed from five (5) feet to zero (0) feet along Coal Lane (condition "d"). Condition "b" is no longer needed as all alterations to the building have been approved by the Historic District Commission and complied with. Special Permit relief pursuant to Section 139-33A for the expansion of the structure should remain in place as that work was done and relief was needed for the work. #109-87: Applicant is seeking rescission of the Decision in its entirety. No relief is now required for items placed within the westerly side yard setback area. Special Permit relief was granted in said Decision to allow placement of structures within the formerly required five-foot setback area. However, with the change in zoning to the CDT, the side yard setback allowed is now zero (0) feet. Thus, relief and the conditions contained in said Decision are no longer necessary. #024-90: Applicant is seeking rescission of the Decision in its entirety. No relief is necessary as parking is no longer required for retail uses in the CDT and retail and office uses are allowed as a matter of right without requiring parking/loading. In addition, Applicant is seeking to vacate the condition contained therein that the retail be operated on a year-round basis. #049-92: Applicant is seeking rescission of the Decision in its entirety. No parking relief is necessary as parking is no longer required for retail/office/gallery uses in the CDT. Uses allowed as a matter of right are no longer limited by parking and loading zone requirements. In addition, Applicant is seeking to vacate the conditions contained therein restricting number and nature of commercial units in the structure as well as the requirement that one unit be limited to year-round use. #097-07: Applicant is seeking rescission of the Decision in its entirety as no longer necessary, which includes vacating the conditions contained therein. Arguably, the Decision has expired as the work was never done and no building permit was ever issued within three years from the date of filing with the 3 Town Clerk January 10, 2008. 5. Therefore, based upon the Application materials and testimony received at the public hearing, the Board finds that Special Permit relief for the proposed uses upon the premises is no longer required due to a change in the zoning district to the CDT. No evidence was presented to support the continued need for the Special Permit relief for the uses, parking or loading zone sections of the Zoning Bylaw other than the above -referenced portion of Special Permit relief in Decision File No. 087-86. 6. Accordingly, by UNANIMOUS VOTE, the sitting members of the Zoning Board of Appeals, approved the RESCISSION of the above -referenced previously issued Special Permit relief and conditions in each Decision in their entirety, by separate votes, except for the Decision in File No. 087- 86 that is only partially rescinded. The Special Permit relief pursuant to Section 139-33.A related specifically to the expansion of the structure in a northerly direction as noted above and is to remain in full force and effect without any further conditions being imposed. .$!.C,.NAT.JRF,VAGE,TQ.F.0 OW 4 Assessor's Map 42.3.1, Parcels 177 & 178 17 Main Street a/k/a 2 South Water Street Commercial Downtown (CDT) Dated: September 6, 2018 Nantucket, ss. Book 1580, Page 290 Plan No. 2017-16 Units 1-3 inclusive Michael Scott Realty Corporation Condominium Eard T"Chai U� f t Lisa botticelli COMMONWEALTH OF MASSACHUSETTS On the day of "� uimJ64y , 2018, before me, the undersigned notary public, personally appeared �Pj 14) Orw 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. ^� A\ � Official ignatureA d Seal of Notary Public My commission e ires: " g, ava() 5 MEGAN O'SHE.A Way Kul, cmV.W098M amaud"M ^� A\ � Official ignatureA d Seal of Notary Public My commission e ires: " g, ava() 5