Loading...
HomeMy WebLinkAbout31-19 30 Main Street - Application & DecisionF ' € §d it C1_E� 21!1 d { V 12 AM 10: TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 025; APPLICATION Fee: x+450.00 File Na.�a7 Owner', nasue[ s '._Union Lodge F&A Masons �tailu address: c/o Cohen & Cohen Law PC, 34 Main Street, Nantucket Phone Niunber: 508-228-0337 E- L. a_ Applicant's name(si: Union Lodge F&A Masons �Iailiug Address: c/o Cohen & Cohen Law PC, 34 Main Street, Nantucket Phone Number: 508-228-0337 F--1: jay@cohenlegaLnet Locns address: 30 Main Street Assessor's Abp;'Parcej: 42.3.1 / 215 Laud Conrr Plan/ Plan Book & Page Plan File No.: Deed Reference, Certificate of Title: 102/567 Zoning District CDT Uses on Lot- Conuner-ciaL• None Yes i:descLbej Storefront / Meeting Space Residential: Number of dwellings Duple --�-paruuears Date or Stnicrure(s): all pre -dare -, X of BiuldinQ Permir Numbers 1391-19 Previous Zoning Board 3pphcatioa Numbers: 055-03 (work never completed) 2 Fairgrounds Road 1\antucker M a s s a c b u s e t t s 02551 508 325-7587 telephone 508-2'8--298 facsimile State below- or attach a sepaiate addendnm of specific special permit{ or caiiance iehef ippir n2 for. See Addendum A I certify that the information cc ntalined herein is substantiallv complete and taie to the best of my knowledge, tinder the pains and penalties of perituT. SIGNATURE: Chvner- SIGNATURE: Applicant/Attornevi'Agent`- `If an Agent is representing the Owner of the Applicant.. please provide a signed proof of agencc. OFFICE USE ONLY Application received on:—,,'—i—Br. Complete: Need Copies: Filed with. Town Clete:_ _ _PlanningBoard:_,_ _BtuidingDept.:_ _,'_B-7: Fee deposited -with Town Treasluer _,''_{ Br:— Waiver requested: Granted:— — — Hearing notice posted ;vtth Torn Clerk:—!_i— Mailed:—/ %— I�.1I Hearing"s' held on:_,' Opened on: Continued n:Continued to:—/—/— Withdrawn:— —%— Decision Due Br:_/—/— llade:_J�i— Filed w , Tor n Clerb:—/—; — \iailed:—' �'- 2 Fairgrounds Road Nantucket Massachusetts 02354 509 333-755: Telephone 508-228-7298 facsimile ADDENDUM A The Premises is located at 30 Main Street, Assessor's Map 42.3.1, Parcel 215, consisting of Lot 6 on Land Court Plan 13467-D and the unregistered land described in Deed Book 102, Page 567. The property is zoned Commercial Downtown (CDT). The Locus is a 4,122± square foot lot where 3,750 square feet is required. There is no front or side yard setback requirement in the CDT zoning district, however, a 5' rear yard setback is required. The CDT zoning district allows 75.0% ground cover ratio (GCR). Previously, the Zoning Board of Appeals granted Special Permit relief (Application No. 055-03) to demolish and reconstruct the rear of the structure in its current location. That work was never completed, and the relief has expired. Applicant seeks relief to demolish and reconstruct the rear of the structure in order to make improvements to the foundation of the structure. At the time of the 2003 relief, as now, the commercial structure at 30 Main Street uses approximately 3,370± square feet of ground cover where 3,092 square feet is allowed resulting in an 81.75% GCR. The structure is conforming; however, the rear porch is 0.32 over the side yard setback on the southeast and as close as 2.33' from the rear yard setback at its closest point. These encroachments are pre-existing, non -conforming predating the passage of the Zoning Bylaws. Applicant seeks to again demolish and reconstruct the rear of the structure in its current location in order to make necessary improvements to the foundation, therefore, pursuant to Section 139-33.A(4), Special Permit relief is requested to retain the existing ground cover ratio. Applicant further requests, to the extent necessary, relief by Special Permit under Section 139- 33.A to retain any and all pre-existing, non -conforming yard setback encroachments. Applicant notes that the requested relief by Special Permit would not increase the ground cover nor intrude deeper into the setbacks than the existing structure. Relief is therefore not substantially more detrimental to the neighborhood than the existing non -conforming structure or use. Demolition and reconstruction of that portion of the building within the setback is necessary to maintain the unique shape and circumstances of the existing historic structure and affects this property but not the zoning district generally. Literal enforcement of the Zoning Bylaw's setback requirements would create financial hardship for the Applicant. Relief would have the desirable effect of stabilizing the structure and addressing its lack of compliance with modern building codes without detriment to the public good and without derogating from the intent and purpose of the Nantucket Zoning Bylaw. Town and Countv of Nantucket. MA November 5, 2019 30 Main Street 42�DY1727,10 t i 5 42'e>1191`. ,* t 41 > 1, 59 Z'sfyrlMli V 1r^�J 41r�"E F i".c 38 v X42 2.3 4:3.174 �„ IDt 42.3.1.16 ¢- :: t°lA 78b ,r`• 7.z �,s>11 '� j E: 3 sa _<3 3�1 47 3 1170 ^'µi 42-3 1 33 `- 146 ONS' 762 kk42 3 k126 s 43 31 73 . - pSt J I - _ - - s. 1st ''' .. 11 - 42 3�ie3 \t,O\_. .yF` :� t 423' f;'.G` , *P �jiap2.3E� y 4> ]8042:�1b1_ .Ss G a7-3�'�x��� � \rp\P � .eF rPs� u N.GRYtG` a2 3. ] f 7 • p lYVOC1.1 " ; 330 4+:74 ,4:18U�1 Vol K 2..T -L 4,2-m 7�" OOC xp"+r• 42�7`� 'a 1170:^ - CO 423 1 176 ff'%^ *� - ,,(,KSS 1 �.�y r 4,31W]16 S JT ua01. 1,166 51 � V`fF 'a 7':s 11: 6. � 'i�" tb��9" t� 3 � a 1-]]8 f•C O"U1` J i 114; i. 4 x13 4 6 13 1167, ty (. `v'�' aJ 13, l `.¢�F ash ,. Vis...: p . 3.1 174 s s 5 ;Ta �4'' i • \Wlb> _-_.. 'S, e, f -1?3 2i3 .,�`" F 7rn"` 61o ( a 3 ] 03 •R, M'" eµa •;� _ _ 42.3.1 izb 46 F,6 cc ` x.nP�•� a2 1161 y 4231140 'x 42.31205 PisloZfRO� Z is 1 :1 ^Vrp 47R 423111 Gi211 l .S1 12 1; 4j 3:1 7221, 42 3 1207 < -.f ffi '( #x -r 423Ofi r s� F\PSN _ .. !\.6 x42'3122 �,... � '� •+4.231 1� O 4 Z f-423 7P2;.. 186 i• 42.3 1.27 4231"718 - 5p,2£M''� r? 'i -42-3,] 164 3 d 1 f:7� ^'� .,-.4y�sa. :»2 3.7 794 _ t- • . _ l ... • ..23.1. t 4 91 ([ 42,3-E22 123.1 18b, _ 2n1•iBi 61 •, £x"40 „4?3111 ,iH: _ { 4 I]•1?, �- 4231 Q rL,196 In i aC.3.11481 4L3.1. 1•18.2 '3 t 146 .[ 423.1 143 .. 7 12 13-1195 423.1 92 ` # - 42.3Y1,a1-49 :�, b�' 1 ,.._ .r_; O,rar • syYllk 5„t. na £RS �, - t 42 j' ]S'Ke- i<` 3 1 147 n '"'*f $ -. ,�i o ]m . _.\ kms, W4Sr'tti ��^ • , _ c ,,, ~ •► 629 1150 `\• C '8.1 303 y£pJ. 47 3 0•0 1 CTOryST 't:' .. �`qwa-•i�2 iwsc p 10 c[O• 42 3 101 2 flR t :1.Q7 42 15 4 G2 31 57 ` 423 1 423195. Wq 2 �. 42`3 lOBi :< 5 423,7 102 19 4y 42 344.1 3 1 96� ` 1 t- � 10'r t•� _ ;. '�� : - 423 1.47 -. _ �- �r � z 1296 1" -125 ft Property Information Property ID 42.3.1215 Location 30 MAIN ST 1 t Owner UNION LODGE F &A MASONS` 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. Geometry updated 11/13/2018 Data updated 1111912018 ZONING CLASSIFICATION: RCDT 4,122 S.F.t MIN AREa . ....50 S.F... SEE. PIAN WIN. FRONTAGE:... 35 . FT .. . SEE FLAN FRONT YARD S.B.:..NONE . REAR d SIDE S.B.:5'-RFA-R/0',—SIDE.... PLAN GROUND COVER (x):.75 ... 3,475. S.Q-84.3%) ArS 1N MP 6 I s_ CHIMNEY X31 i 42.3.1 / ��'N',) WINTHROP ANTUC ET 2 W FIRE ESCAPE ABUTTING STRUCTURE ORIGINAL SIGNED AND STAMPED COPIES OF THIS PLAN MAY -BE PHOTOCOPIED BY THE BOARD OF APPEALS OR THE NANTUCKET COUNTY REGISTRY OF DEEDS FOR RECORDING PURPOSES. N CASES OF DISCREPANCIES REGARDING INFORMATION CONTAINED HEREON AND UNAUTHORIZED PHOTOCOPIES OF THIS PLAN, ONLY ORIGINALLY STAMPED AND ENDORSED COPIES SHALL BE ACKNOWLEDGED BY THE CERTIFYING LAND SURVEYOR. 42.3.1-187 N/F NEW ENGLAND TELEPHON- AND TELEGRAPH COFAPAIS THIS PLOT PLAN WAS PREPARED TO ACCOMPANY AN APPLICATION TO THE NANTUCKET BOARD OF APPEALS AND IS NOT TO BE CONSIDERED A FULL INSTRUMENT SURVEY. THIS PLAN SHOULD MLI 02m TO FSTAB ISH PROPERTY UNES, FENCES, HEDGES OR ANY ANCILLARY STRUCTURES ON THE PREMISES. THE PROPERTY UNES SHOWN RELY ON CURRENT DEEDS AND PLANS OF RECORD. THIS PLOT PLAN IS NOT A CERTTFICKMN AS TO TO THE TITLE OR OWNERSHIP OF THE . ARESHOWN ACCORD NGO OOCOWNERSPERTY SHOWN. OF IN CURRENT TOWN OFNANTUCKET ASSESSOR RECORDS. THIS PLAN MAY NOT BE USED FOR ANY OTHER PURPOSE TWM TIS INTENDED USE NOTED ABODE FIRE ESCAPE V� Plot Plan. to Accompany Board --of Appeals Application Ln Nantucket, Massachusetts Add Offset July 21, 2003 SCALE: 1'= 15' DATE: JUNE 3, 2003 Owner.. Trustees of the UNION LODGE, FREE and ACCEPTED MASONS D 102/567 13,467—D LOT 6 Deed/Cert.:.�C�. 7,327... Plan: Tax Map: , 42.3.1 /215 Locus:. 30. MAIN STREET. & 21$ Es BLACKWELL & ASSOCIATES, Inc. Professional Land Surveyors 20 Teasdale Circle Nantucket, Massachusetts 02554 v. d-� /RQ -1;12 (508) 228-9026 R— 4805 Town of Nantucket SO1190Oc�c�/ A,gSSFO Zoning Board N'oli FSS O 19d- 14 PROPERTY OWNER: Union Lodge F&A Masons MAILING ADDRESS: c/o Cohen & Cohen, 34 Main Street, Nantucket PROPERTY LOCATION: 30 Main Street, Nantucket, MA 02554 ASSESSOR MAP/PARCEL: 42.3.1 / 215 SUBMITTED BY: Cohen and Cohen Law PC 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 11 and Zoning Code Chapter 40A, Section 139- 29B (2) . DATE ASSESSOR'S OFFICE TOWN OF NANTUCKET 0 c CD r 0; 0 1 ..... ..... .......... M:m m z" z { m M: � (a co CA: m ca co m > > > > Z < < < 0 A 0: A i o o o A a c c w 0 0 0: 0 C> 0 0' 0 0 m m m I m C� Z Z� ;D ;ID (a:: q w cn z Tm mca: m m m : m ; M M z m m m 0 —i , : ......... .......... .......... ..... ...... ..... .......... 0CA . 0 (a o ca: 0: w o > > M M: M m > Z, >: 0: > ca > W: M w > W CD 0 0 -n: 0: Co. Co. 0: C.,: 0 C> 0: 0 0 k:m > z M:m m z" z m M: m m (a co CA: m ca co m > > > > Z < < < < < V co (D 0 c a c c w m m M:m m z" z GIFFORD JOHN F TR NANTUCKET COUNTY OF KILLEN PATIENCE E FAWN GROVE REALTY TRUST 16 BROAD ST PO BOX 606 86 COLBOURNE CR NANTUCKET, MA 02554 NANTUCKET, MA 02554 BROOKLINE, MA 02445 NANTUCKET ELECTRIC COMPANY C/O PROPERTY TAX DEPT 40 SYLVAN RDO WALTHAM, MA 02451 CROSBY CONSTANCE ANNE 129 WEST 86TH STREET NEW YORK. NY 10024 ANDREWS GEORGE E & BARBARA P P O BOX 1182 NANTUCKET. MA 02554 MCKECHNIE D ERIC PO BOX 356 NANTUCKET, MA 02554 F C MAC CORPORATION ETAL P 0 BOX 662 BELLVUE, ID 83313 F C MAC CORPORATION ETAL P 0 BOX 662 BELLEVUE, ID 83313 DIEM PAMELA LYNN 318 HARVARD ST CAMBRIDGE, MA 02139 450 GREEN PARK LLC 5 HARTLEY FARMS RD MORRISTOWN. NJ 07960 CAPTAINS HOUSE TRUST 2 SANFORD RD #5 NANTUCKET. MA 02554 PETERSEN KAREN M TRSTEE 10 ORANGE ST REALTY TRUST 44 MAYFAIR LANE GREENWICH. CT 06831 NIR RETAIL LLC U S POST OFFICE NEW ENGLAND DEVELOP-ACCTING DEPT 7 FEDERAL ST 75 PARK PLAZA #3 NANTUCKET, MA 02554 BOSTON. MA 02116 WEST JOHN & KATHLEEN H TRST SEA SPIRIT NOM TRUST PO BOX 966 NANTUCKET, MA 02554 E M MAC CORPORATION ETAL PO BOX 3312 NANTUCKET, MA 02584 CAMBRIDGE TWO INC ETAL 80 SUMMER ST COHASSET, MA 02025 F C MAC CORPORATION ETAL P 0 BOX 662 BELLVUE, ID 83313 F C MAC CORPORATION ETAL P 0 BOX 662 BELLEVUE, ID 83313 J G MAC CORPORATION ETAL 1711 HEROIC RD HAILEY, ID 83333 PACIFIC CLUB INC NIR RETAIL LLC NIR RETAIL LLC PO BOX 1227 NEW ENGLAND DEVELOP-ACCTING DEPT NEW ENGLAND DEVELOPMENT NANTUCKET, MA 02554 75 PARK PLAZA #3 75 PARK PLAZA #3 BOSTON, MA 02116 BOSTON, MA 02116 NIR RETAIL LLC MCCREADY RICHARD J ETAL TRSTS NEW ENGLAND DEVELOP-ACCTING DEPT WINTHROP MANAGEMENT LLP 75 PARK PLAZA #3 PO BOX 9507 BOSTON, MA 02116 BOSTON, MA 02114-9507 GREENHOUND LLC ZERO MAIN STREET NANTUCKET, MA 02554 LEICHTER DOROTHY M TR GREENHOUND LLC SWEET PEA ACK LLC C/O SUSAN THURSTON ZERO MAIN STREET 73 MAIN ST PO BOX 405 NANTUCKET, MA 02554 NANTUCKET, MA 02554 NANTUCKET, MA 02554 WATERFALL ENTERPRISES INC ANDREWS VIRGINIA ST MARYS RECTORY 7 UNION ST PO BOX 1182 6 ORANGE ST NANTUCKET, MA 02554 NANTUCKET, MA 02554 NANTUCKET, MA 02554 ANDREWS VIRGINIA F P 0 BOX 11820 NANTUCKET, MA 02554 NIR RETAIL LLC NEW ENGLAND DEVELOP-ACCTING DEPT 75 PARK PLAZA #3 BOSTON. MA 02116 MICHAEL SCOTT REALTY CORP BOX 538 NANTUCKET. MA 02554 NIR RETAIL LLC NEW ENGLAND DEVELOP-ACCTING DEPT 75 PARK PLAZA #3 BOSTON, MA 02116 ONE SALEM STREET LLC C/O VILLAGE SHOPS 6174 Al VERO BEACH, FL 32963 BELL ATLANTIC/NE TELEPHONE C/O VERIZON NEW ENGLAND INC C/O DUFF & PHELPS BOX 2749 ADDISON. TX 75001 BOESCH DOYCE A 4515WST NW WASHINGTON, DC 20007 NIR RETAIL LLC NEW ENGLAND DEVELOP-ACCTING DEPT 75 PARK PLAZA #3 BOSTON, MA 02116 WILLAUER ANDREW M ETUX 2 INDIA ST NANTUCKET, MA 02554 ST MARYS ROMAN CATHOLIC CHURCH 6 ORANGE ST NANTUCKET, MA 02554 RALPH LAUREN RETAIL INC ATT: LEASE ACCOUNTING 201 N PENDLETON ST HIGH POINT, NC 27260 NIR RETAIL LLC NEW ENGLAND DEVELOP-ACCTING DEPT 75 PARK PLAZA #3 BOSTON, MA 02116 REUNION LLC C/O BETH N BROOKS 6 UNION ST NANTUCKET. MA 02554 DAVID JEREMY L & PATRICIA A 1 GARDNER CT NANTUCKET, MA 02554 FISHER KAREN L 1 E GARDNERS CT NANTUCKET, MA 02554 FRANCIS INGRID A M TRUSTEE THE ROBIN REALTY TRUST 5040 YACHT HARBOR Cl UNIT 102 NAPLES, FL 34112-6477 JORDAN LUCILLE A PO BOX 776 NANTUCKET, MA 02554 NIR RETAIL II LLC C/O NEW ENGLAND DEVELOP-ACCTII\ DEPT 75 PARK PLAZA #3 BOSTON, MA 02116 ISLANDER REALTY TRUST PO BOX 40064 ST PETERSBURG, FL 33743 WINTHROP NANTUCKET 3 REALTY TR C/O WINTHROP MANAGEMENT LP PO BOX 9507 BOSTON, MA 02114-9507 NANTUCKET HISTORICAL ASSN PO BOX 1016 NANTUCKET, MA 02554 ACK HILLTOP LLC C/O BONOMO MICHELLE 330 S OCEAN BLVD #5D PALM BEACH; FL 33480 GARDNER GATE LLC C/O BONOMO MICHELLE 330 S OCEAN BLVD #5D PALM BEACH; FL 33480 BREEZIN UP INC 1115 ROUTE 47 SOUTH RIO GRANDE, NJ 08242 50 MAIN STREET PARTNERS LLC REMAIN LLC BLUE HILLS BANK 27 VIA MIZNER P 0 BOX 359 ATTN ACCOUNTS PAYABLE PALM BEACH, FL 33480 NANTUCKET, MA 02554 500 RIVER RIDGE DR FL 3 NORWOOD, MA 02062 HODGE EDWIN N TRST ETAL THE ONE 2744 LLC BELL ALLAN D & BONITA L ONE NEW STREET REALTY TRUST C/O TRIANON PO BOX 1056 575 GREENWAY DRIVE 16 WEST 46TH ST NANTUCKET, MA 02554 LAKE FOREST, IL 60045 NEW YORK, NY 10036 ARNO JOSEPH V TRST ETAL C/O KEN GULLICKSEN PO BOX 26690 NANTUCKET, MA 02584-2669 CLACK LLC 161 EAST 35TH ST #2F NEW YORK, NY 10016 MLECZKO PRISILLA TR TOGETHER REALTY TRUST 3 HINCKLEY LANE NANTUCKET, MA 02554 NIR RETAIL LLC NEW ENGLAND DEVELOP-ACCTING DEPT 75 PARK PLAZA #3 BOSTON. MA 02116 NIR RETAIL LLC NEW ENGLAND DEVELOP-ACCTING DEPT 75 PARK PLAZA #3 BOSTON. MA 02116 REMAIN 58 LLC PO BOX 868 NANTUCKET. MA 02554 MURRAY PHILIP C & ELIZABETH TR THE UNIT 6 FOLGER BLOCK NOMINE PO BOX 839 NANTUCKET, MA 02554 ISLACK CORP TRUSTEE SO WATER ASSOC REALTY TR 180 WELLS AV SUITE 100 NEWTON, MA 02459 MARLIN CAPITAL CORP TRUSTEE C/O THE MAURY PEOPLE 35 MAIN STREET NANTUCKET, MA 02554 VALENTINE HUSSEY BLOCK LLC PO BOX 1135 NANTUCKET, MA 02554 HINGHAM INSTITUTION FOR SAVINGS 55 MAIN STREET HINGHAM, MA 02043 MURRAY BRUCE L ETAL PO BOX 1882 NANTUCKET, MA 02554 NIR RETAIL LLC NIR RETAIL LLC NEW ENGLAND DEVELOP-ACCTING DEPT NEW ENGLAND DEVELOP-ACCTING D 75 PARK PLAZA #3 75 PARK PLAZA #3 BOSTON, MA 02116 BOSTON, MA 02116 UNION LODGE F & A MASONS NIR RETAIL II LLC PO BOX 697 C/O NEW ENGLAND DEVELOP-ACCTIN NANTUCKET, MA 02554 DEPT 75 PARK PLAZA #3 BOSTON, MA 02116 ACK 60 MAIN LLC 60 MAIN STREET NANTUCKET, MA 02554 REMAIN 58 LLC PO BOX 868 NANTUCKET, MA 02554 EPILOGUE NINE INC PO BOX 891 NANTUCKET, MA 02554 (SLACK CORP TRUSTEE SO WATER ASSOC REALTY TRUST 180 WELLS AV SUITE 100 NEWTON, MA 02459 COX DAVID R 60 MAIN STREET NANTUCKET, MA 02554 58E MAIN ST LLC 2870 PEACHTREE RD #303 ATLANTA, GA 30305 HODGE EDWIN N TR 575 GREENWAY DRIVE LAKE FOREST, IL 60045 ]SLACK CORP TRUSTEE SO WATER ASSOC REALTY TRUST 180 WELLS AV SUITE 100 NEWTON, MA 02459 ISLACK CORP TRUSTEE ISLACK CORP TRUSTEE ISLACK CORP TRUSTEE SO WATER ASSOC REALTY TRUST SO WATER ASSOC REALTY TRUST SO WATER ASSOC REALTY TRUST 180 WELLS AV SUITE 100 180 WELLS AV SUITE 100 180 WELLS AV SUITE 100 NEWTON, MA 02459 NEWTON, MA 02459 NEWTON, MA 02459 3�tapNTUC\�9`, 9po o r, AAS -"C TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 N Date : December 27 , 2019 To : Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No. : 31-19 Owner/Applicant: Trustees of THE UNION LODGE , FREE & ACCEPTED MASONS Property Description : 30 Main Street Map 42 . 3 . 1 , Parcel 215 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 215 DEED Book 102, Page 567 30 Main Street Certificate of Title No. 7327 Commercial Downtown(CDT) Lot 6; Land Court Plan 13467-D DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals ("ZBA"), held at 1:00 P.M. on Thursday, December 12, 2019, in the Conference Room, at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following Decision on the application of TRUSTEES OF THE UNION LODGE, FREE & ACCEPTED MASONS, c/o Cohen & Cohen Law PC, 34 Main Street, 2nd Floor, P.O. Box 786, Nantucket, Massachusetts 02554, File No. 31-19. 2. Applicant seeks relief by Special Permit pursuant to Zoning By-law Section 139- 33.A to remove and reconstruct a portion of the pre-existing nonconforming structure within the rear yard setback and in excess of the permitted 75% ground cover ratio ("GCR"). Specifically, Applicant proposes to demolish, reconstruct, and renovate a rear portion of the existing structure to allow for needed improvements to the foundation with the ability to retain the pre-existing nonconforming ground cover of 3,475 square feet and with no change to the pre-existing nonconforming rear setback distance. Locus is situated at 30 Main Street, shown on Assessor's Map 42.3.1 as Parcel 215, as Lot 6 upon Land Court Plan 13467-D and unregistered abutting parcel to the north. Evidence of owner's title is registered on Certificate of Title No. 7327 at the Nantucket County District of the Land Court and in Book 102, Page 567 on file at the Nantucket County 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 hearings. There was no Planning Board recommendation on the basis that no matters of planning concern were presented. There was no opposition, written and oral, presented at the public hearing. 4. The Locus, as shown on plan entitled "Plot Plan to Accompany Board of Appeals Application in Nantucket, Massachusetts", dated July 21, 2003, and prepared by Blackwell & Associates, Inc., attached herewith as "Exhibit A", has an approximate combined lot area of 4,122 square feet where 3,750 square feet is the minimum required lot size. While there are no front or side yard setback requirements in the CDT zoning district, the minimum rear yard setback is five (5) feet. The property is improved with an 2 historic 2 1/2 story commercial structure having an approximate GCR of 84.3%, or 3,475+ sq. ft., where maximum allowable would be 75% GCR, or 3,092 sq. ft. The southwestern side porch is 0.32 over the westerly side yard setback and the south elevation is as close as 2.33 feet from the southerly rear yard lot line at its closest point. These encroachments predate the local adoption of the Zoning Bylaw. Therefore, the structure is pre-existing non-conforming as to GCR and as to rear yard setback. 5. Attorney Jay Maroney, representing the Applicants at the hearing, explained that his clients are requesting Special Permit relief to allow an alteration to the pre-existing nonconforming structure. Specifically, the Applicants propose to remove, reconstruct, and renovate a portion of the historic structure which lies within the five (5) foot southerly rear yard setback. The structure will be no closer to the lot line than existing as a result of the renovation and the ground cover shall remain unchanged. Similar relief was requested and granted by both Special Permit and Variance in 2003 (ZBA Decision 055-03), but has since expired as it was never properly exercised. 6. Relief is requested pursuant to Sections 139-33.A(1)(a) and 139-33.A(4) which read, in pertinent part: Section 139-33.A(1 Nal (1) Preexisting, nonconforming structures or uses may be extended, altered, or changed,provided that: (a) The special permit granting authority finds that such extension, alteration, or change shall not be substantially more detrimental than the existing nonconforming structure and/or use to the neighborhood. Where an existing structure violates a front, rear, or side yard setback distance, the special permit granting authority may issue a special permit to allow an extension, alteration, or change to the structure, provided that the nonconforming setback distance is not made more nonconforming and based upon a finding that the extension will not be substantially more detrimental to the neighborhood than the existing nonconformity;[...] 139-33.A(41 Removal and reconstruction of any or all of the preexisting nonconforming structure(s), or any portion(s) thereof in excess of the permitted ground cover ratio upon a lot, shall be allowed by special permit,provided that: [a) Such special permit shall have been issued prior to the removal of the preexisting nonconforming structure(s), or any portion(s) thereof (b) (Reserved) (c) All reconstructed structure(s), or portion(s) thereof shall conform to all applicable front, rear and side yard setback requirements; unless relief is granted under separate provisions of this chapter; and (d) The special permit granting authority shall have made the finding that the result of the proposed removal and reconstruction shall not be substantially more detrimental to the neighborhood than the existing nonconforming structure and/or use. 3 1 7. During the course of the hearing, the Board noted that the project involved underground structural work and expressed concerns about work taking place in close proximity to the lot lines where neighboring properties could sustain negative impacts. They requested clarification as to what portion of the building was being altered, the scope of the project, and the intended construction methodology. Applicants General Contractor, Scott Andersen, presented additional testimony and materials. He explained that the renovation project consists of shoring and foundation work to stabilize the structure, bringing it into compliance with current building codes, and installation of a new basement to the extent that the water table will allow. He confirmed that his team had held a pre-construction meeting with the relevant Town departments and agencies to obtain all necessary approvals and permits. He provided the Board with a pre- construction engineering survey from Wayne McArdle, P.E. of McArdle Gannon Associates, Inc. He affirmed that no work shall take place within roughly seven (7) feet of the building directly to the west, 32 Main Street, and that the owners of said building had been informed of the nature and scope of the work and had no objections thereto. 8. The Board requested that all the supporting materials related to various required Town permits as well as all documents detailing the scope of the project and construction methodology, referenced by Mr. Andersen during the hearing, be included in the file. They further requested a plan be submitted to the Board, through Staff, to highlight the precise area of the building to be altered as well as a letter from the certified construction engineer confirming that there shall be no adverse effects to the surrounding structures, roadways, or sidewalks in connection with the proposed project. (These additional documents were submitted through Staff and are included in the file.) The Applicants' representatives and the Board discussed a construction moratorium as to dates and hours of operation and agreed upon said parameters to be included as a condition to the relief. 9. Therefore, based upon the foregoing,the Board finds that a Special Permit may be granted to allow the proposed alteration to the pre-existing nonconforming structure by removal, reconstruction, and renovation of the foundation and a portion of the structure which lies within the five (5) foot rear yard setback without any change in GCR. 10. Accordingly, by a UNANIMOUS vote of the sitting Board, the Zoning Board of Appeals grants relief by SPECIAL PERMIT pursuant to Zoning By-law Sections 139- 33.A to approve the proposed project to alter the pre-existing nonconforming commercial structure by removal, reconstruction, and renovation of both the foundation and a portion of the structure, based upon the following findings: (a) The nonconforming rear yard setback distance shall not be made more nonconforming and the alteration to the pre-existing nonconforming commercial structure will not be substantially more detrimental to the neighborhood than the existing nonconformity; (b) The proposed alterations shall not result in an increase in the pre-existing nonconforming ground cover ratio of 84.3%(roughly 3,475 sq. ft); and 4 (c) The result of the proposed removal, reconstruction, and renovation shall not be substantially more detrimental to the neighborhood than the existing nonconforming structure and/or use. 11. The relief shall be subject to the following conditions: a) There shall be no change in footprint to the demolished and reconstructed portion of the structure currently sited within the rear year setback, as shown on"Exhibit A"; b) The proposed alterations shall be constructed in substantial conformity with the plans associated with Certificate of Appropriateness No. 72422 issued by the Nantucket Historic District Commission, as the same may be amended from time to time; c) The alterations shall be constructed substantially as shown on Sheet S1 of plan entitled, "Foundation Plan; Alterations and Additions to: Union Lodge F. & A.M.; 30 Main Street, Nantucket, MA.", prepared by DWD Engineering, Inc., dated September 17, 2019, a reduced copy of which is attached herewith as "Exhibit B"; d) No exterior construction or hardscaping in connection with the project approved herein shall occur between Memorial Day weekend and Labor Day of any given year. Every effort shall be made to complete the work prior to the onset of Memorial Day weekend(Friday, May 22, 2020); and e) All work shall be performed between 7:00AM and 4:00PM on weekdays. No work shall be performed after 4:00PM or before 7:00AM or at any time during weekends. 5 Assessor's Map 42.3.1, Parcel 215 DEED Book 102, Page 567 30 Main Street Certificate of Title No. 7327 Commercial Downtown (CDT) Lot 6; Land Court Plan 13467-D Dated: December 12, 2019 1 4 'V Lis. :ottice i • J I(ward oole Kerim Koseatac Alf Zi Mark Po s Jaondani COMMONWEALTH OF MASSACHUSETTS County of Nantucket, ss VIO On the i7 day ofkiVa L 20a)before me, the undersigned notary public, personally appeared C �, U �r f-t j (I ' , 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 signed the foregoing instrument voluntarily for the purposes th,rei. - o - __ 4I �r Offic�Signaid eal of Notary Public �, MEGAN TRU, DEL Notary Public My commissi I io 8 ires: %i ��\ `� COMMWH MASSAETrS My ONCommissionEALTExiresCHUSOn May 08Oi.2020p 6 "EXHIBIT A" MN CLASSWCATIO : RCDT ExsnMG: li aIN. Ahs . . .3,750 S.F., 4,122 S.F.± II WN. FRONTAGE. 35 FT SEE PLAN FRONT ran s.3.: NONE SEE PLAN -N-- REAR k SIDE SB.:S' RI;AAra/�;-SIDE SEE'PLAN ^ - _- G - GROUND CaVER (X): .7.5.g. . . 3,475 S.F.(.84.3%) I Si' .. ..X.--. ‘ \TO. -.Ci'S- - 0 i\\ ....:,1-.-01132.4%41,--'- / rr ar fr " 1 1'6.. J '� v� -.4.4,s�> 0 SA3g�lS \NGIkl S ,� f' ) .c.,r0 CHIMNEY // / ',.. IRE f�CAFE 0 ` ["L �� p �'��� a �1 ♦ rr S ice' ,�•+�r+ % 1 ��..- t / �� � 0 \. \ / *— \.0 0191 I. " 42.3.1 r .SO- N/F /1 �� '1� WINTHROP NANTUCKET 2 I REALTY TRUST �i L A \., ./- / 02 in �� 42.3.1-187 N/F NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY FIRE ESCAPE s ABUTTING STRUCTURE r/, r, ` 12:4SADOORIAN', 't '\ No 33930 i;- o's.;;f fS .. (° S /. t�1_ 7h./iO3 Plot Plan to Accompany ORIGINAL SIGNED AND STAMPED COPIES OF THIS PLAN MAY BE Board of Appeals Application PHOTOCOPIED BY THE BOARD OF APPEALS OR THE NANTUCKET in, 2 COUNTY REGISTRY OF DEEDS FOR RECORDING PURPOSES. IN CASES OF DISCREPANCIES REGARDING INFORMATION CONTAINED Nantucket, Massachusetts a,HEREON AND UNAUTHORIZED PHOTOCOPIES CF THIS PLAN, ONLY Md Offset: July 21, 2003 ORIG A LY STAMPED AND ENDORSED COPIES SHALL SE SCALE: 1"= 15' GATE JUNE 3, 2003 ;;ACKNOWLEDGED BY THE CERTIFYING LAND SURVEYOR. 0 ,,THIS PLOT PLAN WAS PREPARED 70 ACCOMPANY AN APPLICATION Owner. .Trustees of the UNION LODGE,, rR,• EE• • • 1Z TO TIE NANTLCKET BOARD OF APPEALS ANC S NOT TO BE and ACCEPTED MASONS CONSIDERED A FULL INSIRLMENT SURVEY. 0) 6 THIS PLAN SHOULD NOT BE USED TO SSTABUSH PROPERTY LINES, D) FENCES, HEDGES OR ANY ANCILLARY STRUCTURES ON THE PREMISES. Deed/Cert.: .(0). J5$y 7102,327. . . Plan: 13,467—C LCT 6 r THE PROPERTY LINES SHOWN RELY ON CURRENT DtEira AND PLANS 42.3.1/215 30 MAIN STREET OF RECORD. Tax Map: . . &.216 6 . Locus I THIS PLOT PLAN IS NOT A CERTIFICATION AS TO TO THE TITLE CR BLACKWELL & ASSOCIATES, Inc. m OWNERSHIP oF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TD CURRENT TOWN OF NANTUCKET ASSESSOR Professional Land Sulteyors RECORDS. 20 Teasdale Circle o THIS PLAN MAY NOT BE USED FOR ANY OTHER PURPOSE THAN ITS Nantucket, Massachusetts 02554 'E.LNTENDED USE NOTED ABOVE. 6© 2.002 Blocked&associates Inc. FBK.: 43/89-102 (508) 228-9026 B— 4-SC5 "EXHIBIT B" ..ic VIN la>Onluery ' umhorm.A I o w OEq mlaaITS um/DE 5,E tlo Wy 6epoi uoun r $€ = n N— C/)E5„ = d :IN suolpppy pue suoi}eaay pWf= 0 ,,w -.a 0 Le, 18g "i 0 3: fait?. g E9€ °d ' 0a ea5 *Y 4W xo =e 038 " ;0 "egg ' lig c ''',..„.,i i r-I L a a J a a yCy bB m 1---Ipg --lag gid P. _J 01 -I L_J L_J ---- -- --- © a .� I ifae II g g r---7 x r----1 F r; "� ., n t 34 i 31111 ° k Pv I -I *r_ - !- ------- 0 .t€ PI is X 38 g" _= r gad r �cd 5_ I a11, [111 007, , i--- e p� x dL_J L.J� -------- - .... � f§ r - �- qd I I L I v _1: _ L; --- JI L__-J L_L_J I rrnTT 1 I IIIIIII Ir I I I I I 1 I r 1 Ir I 7 1 +.J iL+J L4.J t Ip ,y .`€ I 1,6xI I '2:4't , J I 1 I 1 I ,I � (34 a' M I