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HomeMy WebLinkAbout019-06 " TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02SS~ -; 07 "'j''> S:'" Date: 1Y70'l~~~O r' f""I"( ;0 :::s: m ~ II ,~~rn .....;1,..' -";! -0 W rn . . - To: Parties in Interest and Others concerned with the N 'jjeci-sTon of the BOARD OF APPEALS in the Application of the following: Application No.: Ol q -OCo Owner/Applicant: ~l^f.YI" '~,ei--\ JQ ,,~~ hlh1se/:F OS Ollit'ey anc1 W ~f'l'c (9.) "(Jn0Qc9nrcQ .' Co'\lfo-0f-' (P.tJf'ch (1 9-e{' 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 com~laint and certified copy of the necision st be given to the Town Clerk so 0 e ived within s ch TWENTY (20) days. 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 9139-301 (SPECIAL PERMITS); 9139-321 (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. NANTUCKET ZONING BOARD OF APPEALS 1 East Chestnut Street Nantucket, Massachusetts 02554 Assessor's Map 56, Parcel 169.2 Certificate of Title No. 16923 Residential-2 Lot 10 Land Court Plan 35397-F 57 Meadow View Drive DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, July 11, 2005 at 1:00 P.M., in the conference room at the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, the Board made the following decision on the application JOHN G. HALLET, JR. FOR HIMSELF AS OWNER AND FOR ERIC W. GODDARD, CONTRACT PURCHASER, of 10779 Perry Park Road, Larkspur, CO 80118, and 20 Essex Road, Nantucket, MA 02554 , respectively, Board of Appeals File No. 019-06: 2. Applicant (Goddard) lS seeking a MODIFICATION of the Decision in BOA File No. 045-05 that granted relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-8B(1) to allow for the use of an existing ancillary studio as a recreational facili ty. There currently exists upon the property a single- family dwelling and the separate accessory building used for martial arts and fitness class instruction to children and adults, with a class size limited to a maximum of 12 per class, and formerly taught primarily by the current owner of the Premises. The owner also received relief to expand the structure by about 130 square feet. All parking would continue to be provided on site and all structures are conforming to the requirements of the Zoning By-law. The Applicant is seeking to modify condition ~a" of Paragraph 6 in the Decision so that the relief is not particular to John Hallet in order to continue the approved use on a leased basis. Applicant would not be involved with the teaching of classes but would lease the structure to a separate entity for the same purposes and would live on site in the single-family dwelling year-round. All other conditions would remain in place. The Premises is located at 57 MEADOW VIEW DRIVE, Assessor's Map 56, Parcel 169.2, Land Court Plan 35397-F, Lot 10. The property is zoned Residential-2. 3. Our decision is based upon the application and accompanying materials, and representations, photographs, and testimony received at our public hearing. The Planning Board made no recommendation as the matter did not present any issues of planning concern. There was no public comment at the hearing and no letters on file. The Applicant represented that he had . . spoken with several neighbors about the change in ownership and there had been no concern expressed to him. 4. The Applicant (Goddard), through personal testimony and counsel, stated that the property was benefited by a previous grant of Special Permit relief in the Decision in BOA File No. 045-05 that allowed an ancillary structure to be used for recreational purposes, specifically a fitness studio/martial arts studio. Relief was conditioned upon the use being particular to John Hallet and directly under his control as he was a martial arts instructor himself. The current Applicant is purchasing the property for his family from John Hallet and wishes to continue to be able to use the ancillary structure as permitted and maintain the existing conditions. However, as the Applicant is not a martial arts instructor himself, he is seeking a modification of the original Decision in order to transfer the relief to himself and be able to lease the martial arts/fitness studio to a separate entity. His family would be li ving on the property in the separate single-family dwelling year-round and would continue to be in control of the Premises and able to enforce compliance with the conditions in the Decision. No other changes are proposed under this application. 5. The Board finds that the Zoning By-law specifically allows, by a grant of special permit relief, for such uses as ~community recreational facilitiesmbowling alleys, fitness centers or the like" in all residential zones, other than Limited-Use-General zones, provided that the Board makes a finding that the use is not substantially more detrimental to the neighborhood or environment, than the alternative uses of the lot. Therefore, based upon the foregoing, the Board reaffirms its finding that the proposed use and about 130 square-foot addition to the studio structure would not be substantially more detrimental to the neighborhood nor the environment than the existing or permitted al ternati ve uses of the Premises with appropriate conditions. Relief so granted would be consistent with other grants of similar relief in residential zones by this Board. The Board further finds that a modification of the original Decision in BOA File No. 045-05 to allow the relief to be made particular to the new property owner, the Applicant, and allow the studio to be leased to a separate entity for the uses so stated under the existing condi tions, would not be substantially more detrimental to the neighborhood or contrary to the general purpose and intent of the Zoning By-law. 6. Accordingly, the Board of Appeals, by a UNANIMOUS vote GRANTS the requested MODIFICATION of the SPECIAL PERMIT relief granted in the Decision in BOA File No. 045-05, to allow the relief to be particular to the new property owner, the Applicant, and allow leasing of the ancillary structure as a martial arts studio or fitness studio (which would include the abili ty to construct the additional about 130 square feet of space as previously approved). Relief is hereby subject to the new conditions stated below as well as those conditions enumerated in the Decision in BOA File No. 045-05, other than modified herein, and incorporated herein by reference: ; . a. When music related to studio use, closed; and is being played wi thin the structure the martial arts studio or fitness windows and doors shall be kept b. The new conditions of relief incorporated into this Decision as well as those made part of the Decision in BOA File No. 045-05 shall be made part of the lease agreement with any tenant leasing the hereinabove described martial arts and fitness studio and said tenant shall be bound by the conditions contained therein. Dated: March~, 2006 ;: Ii Edward Murphy TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 12:00 P.M.. FRIDAY, MARH 10,2006, IN THE CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: JOHN G. HALLET, JR. FOR HIMSELF AS OWNER AND FOR ERIC W. GODDARD, CONTRACT PURCHASER BOARD OF APPEALS FILE NO. 019-06 Applicant (Goddard) is seeking a MODIFICATION of the Decision in BOA File No. 045-05 that granted relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 13 9-8B( 1) to allow for the use of an existing ancillary studio as a recreational facility. There currently exists upon the property a single-family dwelling and the separate accessory building used for martial arts and fitness class instruction to children and adults, with a class size limited to a maximum of 12 per class, and formerly taught primarily by the current owner of the Premises. The owner also received relief to expand the structure by about 130 square feet. All parking would continue to be provided on site and all structures are conforming to the requirements ofthe Zoning By-law. The Applicant is seeking to modify condition "a" of Paragraph 6 in the Decision so that the relief is not particular to John Hallet in order to continue the approved use on a leased basis. Applicant would not be involved with the teaching of classes but would lease the structure to a separate entity for the same purposes and would live on site in the single- family dwelling year-round. All other conditions would remain in place. The Premises is located at 57 MEADOW VIEW DRIVE, Assessor's Map 56, Parcel 169.2, Land Court Plan 35397-F, Lot 10. The property is zoned Residential-2. (~9-QQ ~l~ i Dale Wame, ChaIrman '--./ THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 CASE No.OIY ~ (p FEE: $300.00 APPLICATION FOR RELIEF Owner's name(s): Mailing address: Applicant's name(s): John G. Hallet, Jr. 10779 Perry Park Road, Larkspur, CO 80118 Eric W. Goddard Mailing address: Locus address: 20 Essex Road, Nantucket, MA 02554 57 Meadow View Drive Assessor's Map/Parcel: 56/169.2 Land Court Plan/Plan Book & Page/Plan File No.: LCPL 35397-F Lot No.: 10 Date lot acquired: 8/10/1995 Deed Ref.!Cert. of Title: 16923 Zoning District: R-2 Uses on Lot - Single family dwelling and Fitness Studio Building Date(s): All pre-date 7/72? Building Permit Nos: Previous Zoning Board Application Nos.: 045-05 or C of O(s)? State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities: See Exhibit" A" attached hereto and made a part hereof. I certify that the information contained herein is substantially complete and true to the best of my knowledge, under th~n~n~ of perjury. SIGNATURE: ~ ~ Applicant Attorney/AgentL (If not owner or owner's attorney, please enclose proof f agency to bring this matter before the Board) ~ FO Z CEUSE Application received on:0 L<'DBy: Complete' Need copies?: Filed with Town Clerk:..2!:'0 tCtQ.planning B~~. i " Huilding Dept.: / ~j___'J>~ Fee deposited with Town Treasurer: 'U'L-~~By: If?baiver requested?:_Granted:_I_I_ Hearing notice posted with Town Clerk: ~ 'f6wailed:~&&M: 2-t~ c((?& 312--rJ0 Hearing(s) held on:_/~_ Opened on:~_I_ Continued to:_/~_ Withdrawn?:_/~_ DECISION DUE BY: _1_1_ Made: _1_1_ Filed w/Town Clerk: _1_1_ Mailed:_1 _1_ DECISION APPEALED?:_I_I_ SUPERIOR COURT: LAND COURT Form 4/03/03 " " e-)<~ \-J~ A ADDENDUM Applicant (Goddard) is seeking a MODIFICATION of the Special Permit relief granted in the Decision in BOA File No. (045-05), which granted permission to operate a recreational facility from an existing ancillary structure on the premises. Applicants are the contract purchasers for the property and wish to have the relief that was particular to the previous owner transferred to the Applicants without any other changes in the imposed conditions. Applicants would not be involved with the teaching of classes but would lease the structure to a separate entity for the same purposes and would live on site in the single-family dwelling year-round. ~ (] :11- 2'2 3f. ~Iit I~:A ~ ?t:-I ..~ ~I ,818889 142 '~_n .. ~~4~ ''', 131 144 ~~'" '" "'- 132 134 ,.. (' ,If- ....zJ' L---,J...---"' '3"0 In ..,,"'" 291 $' oft 298 '!Jq," - .~ \ .~\ 111 P2 133 , [) :--' ~.!)\.... "1.1. "- "... i ~ I~.c.. '+~9 _.J~ " - .. ~,\e_ .r of BJT )0 !,.,. !it, _JoJ...f ~, ,t. . , , \ #~ / ROMAN CATHO~IC CEMETERV 19 11.4A -- ;J~ , ,....... /flt~~ ':eI'06 ~o Ir ""-l ,If ~ p~ 83 U 0 ~~ 12 10 + 6~ ",.\ .~.,. II ~:t 1.2A ~O -tl l, -40 wt.~ ~ r-;:: "Ii')'. r--.... " "If" 14 ... 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"'t.' ~,Q ..<I, to- ..;.,,"i' .. I 1 I I III :l .. ~ 148 FEDE/lAl ST., "ANTUCKET. MASS. :I: ... '" o Zm o 16~~!~ PROFESSIONAL ENGINEERS' REGISnRED lAND SURVEYORS 'j N/F MICHAEL &: JUUA H. t.AOREAU 56-170 ! -' ~ w .......z;:::. ,0- ZI-I ~:g m ~ <( :I: <( Z <( C MEADOW VIEW DRIVE PRIVATE-40' WIDE l- ll) ::> I!: . ~.' CB FND 51.61 N/F REGINA KOLHEPP 56-169.3 8 N (SEE SHEET 2) N/F JAMES F. Be PATRICIA PATTERSON 56-169.4 CB FND 55,159" lL. ~ <1 ,1- i I/< 61 ~ ..4 N/F EDWARD B. &: GRETCHEN F. ANDERSON 56-169.1 LOT 10 AREA..35.770:i:S.F. 0) 15.0':1: '-r- - ., 'Fi-- .H>,:;>*k"l a"'lc.: Add.t,c:" G.C-802:i:5.F LANDSCAPED UNED POOL a. .. ~ ~ ,.: lb...EARsp ~", STORAGE 1 O:a5.r:. SITE PLAN #57 t'EADOWVEW DRIVE IN NANTUCKET, HASSACI-l.ISETTS SCALE:1-=50' DATE: 6-1-05 DEED REFERENCE: C-16,923 PLAN REFERENCE: LC.PL. 35397 F ASSESSOR'S REFERENCE: HAP: 56 PARCEL: 169.2 PREPARED FOR: J()HII G. HALLETT. JR. CB FND N/F JANICE L OMARA 56-110 CLmENT ZONING: R-2IPWR MN1.J1 LOT SIZE: 20,000 SF. I'H1.JM FRONTAGE: 75 FT. FRONTY ARD SETBAO<: 30 FT. $DE #D REAR SETBACK: 10 FT. ALLOWAa..E G.CR.: 12.5% EXISTNG G.CR.: 6.8 % FOR PROPERTY LH: ~TION THS PLOT PlAN RELES ON ClJlRENT DEEDS />H) PLANS CF RECORD. VERFED BY FeD /'EASlIE"ENTS AS SHOWN tEREON. RS INC THS PlAN IS NOT REPRESENTED TO EE A TTTlE NANTUCKET SURVEYO . EXAl"W. TION OR A RECOODAB..E SLfMY. ':.2:::Y /J L ~ _~. ~y WAY ~..e:. ~T. MA. 02554 N.B.308-2 272-22 'U41=t-!!7:..... ~EpTlC. &l~", e: SHEET 1 N-8249 ------ 10212006 THU 11: 4t FAX ~ 0021002 11 5, (JO Town of Nantucket ZONlNG BQARD OF ^PPEA~ RECEIVED BOARD OF ASSESSORS ! FEB 0 2 2006 ~~~MA UST OF PAATlES IN ll'1'TEREST IN THE MATTER OF nm PETITION OF PROPERTY O~ER: ..;;r;9. ,~~,~,'...H~..I, .c~t;.Xr.:.',...". ....... MAILING ;OORESS...~ 7.... j::1.~.~.q.~.v.f.~!#.J>r.~~ ~,.(Uoh+UO~ /' I PROPERTY LOCATION. ,;27... ~~.~~~9~.~~'.~.J.?r~~!(~.. 'ASSESSORS MAPfPARCE{..r~.~.p.,~~"...P~,r.qJ,,~.~;),l..~ ' A?PLlC^NT...'P~,~l....Q.~ ..~ !~~C"'... P:.~.:...,. ...."...".. SEE ATIACHED PAGES I eertl for tbat the roregoiAg is a Jill of pc;notl.s wilo &I'll owners of abuttil\g property, ownen of lll.nd directly OppO$ile on LnY public or priVAte street or wa)': r.nd 1~lJttefoS of the ablJlters and aH other land owners within 300 feel of lhe, pro;:>erty Iirill of owner's property, ali as they appear on tbe most reQent applicable lu list (M.O.L. c, 40A, Section 11 Zcning Code Chapter 139. . Section 139.29D (2) - . \ ..~U::....~..~O(J I/> ;{J~,tl~ DATE . ASSESSOR'S OFFICE Town ofNan~ucket '" -- ~~~~~~~~~~~~~~~~~~::::~~~~ ~ 'tl '" -- '" o o ~t::~~~t:;~t:;t:;~~~~~:;:~~~~~6::;6 b \Do.JcnUl,lloWN....O\O\O\O\O\O.....\IIWt.J....O\oCO..,J rt' f "- ~ ~ ... w .... ., '- ~ ~ ~ .. rt .... .. o '" .... 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I~~~~i~~~~~~~~~a~~~~~~~ ~ >: ! ~, ~ ~ i ~ a ! ~ ~ a a ~ ~ ~ ~ I ~ ~ ~ s ~ tl ~ 10 [;J ~ ~ ~ ~ ~ !1 ~ ~ ~~~~~~;l~~~~~~~ ~ o 0 0 0 0 0 0 0 N N N N N 0'\ N N .... 0 \II Ion VI .... Ul UI en ... VI UI VI 0 \II UI m w .... .... .... -..J .... .... OOOOOOIt.JOOOOOOO N NNWWNWOW....NNNNN .... U1U'l\llUlU'lUl....UlCOUlUlIJIUlUl'tS VI VI UI UI VI VI ... VI \0 UI VI VI co VI ... .... ... .... .... .... co .... 0 .... .... .... .... .... UlUlUlU'lI.nUl .....Ula\ C\UlWOl....I\)....U1WWWW 'tI ~iiiiilliiiiiiiili!i~ii ! rl;:;;:;;:;;:;;:;~~;:;;:;;:;;:;;:;~;:;!tl!:l~el~~~ ~ !i!!i!'i'i'i~~!i!!i!!i!'i'i~'iH~~~~~~~ ~ lillillilliHl lillillillillil lil >: :s '" lU lQ '" TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date, 0tJ4 / Y , 200~ To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Owner/Applicant: Ocf5""-os ~;;:;rAjY' 'cr. t-bLLetf i Jrr , Application No.: 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 necision must be given to the Town Clerk so as to be received within such TWENTY (20) days. ~~~Q~an 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 9139-301 (SPECIAL PERMITS); 9139-321 (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. NANTUCKET ZONING BOARD OF APPEALS 1 East Chestnut Street Nantucket, Massachusetts 02554 Assessor's Map 56, Parcel 169.2 Certificate of Title No. 16923 Residential-2 Lot 10 Land Court Plan 35397-F 57 Meadow View Drive DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, July 11, 2005 at 1:00 P.M., in the conference room at the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, the Board made the following decision on the application of JOHN G. HALLETT, JR., c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, Board of Appeals File No. 045-05: 2. Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-8.B(1) to allow for the use of an existing ancillary studio as a recreational facility. There currently exists upon the property a single-family dwelling and the separate accessory building used for martial arts and fitness class instruction to children and adults, with a class size limited to a maximum of 12 per class, and taught primarily by the Applicant, the owner of the Premises. Applicant also proposes to expand the structure by about 130 square feet. All parking would be provided on site and all structures are conforming to the requirements of the Zoning By-law. The Premises is located at 57 Assessor's Map 56, Parcel 169.2, Land Court The property is zoned Residential-2, and is Wellhead Recharge overlay district. MEADOW VIEW DRIVE , Plan 35397-F, Lot 10. located in the Public 3. Our decision is based upon the application and accompanying materials, and representations, photographs, and testimony received at our public hearing. The Planning Board recommendation was negative, stating that the intensification of use would be detrimental to the neighborhood. There was a letter on file from the General Manager of the Wannacomet Water Company who reviewed the project. He stated that the use would ~not have a negative impact on groundwater quality and is hereby approved..." There were numerous letters and petitions in favor of the proposed relief, including letters from immediate abutters and their tenants. Several persons spoke in favor of the proposed relief at the public hearing, including immediate abutters, students, and parents of students at the facility. One neighbor voiced concern about the noise impact of the proposed use. 4. The Applicant, through personal testimony and counsel, stated that his family lived in the single-family dwelling upon the Premises, on a sizable piece of property, which was fairly isolated off the roadway, both by distance and heavily screened with existing vegetation. The private recreational facility previously permitted for the Applicant's personal use had been used as a martial arts and fitness studio in an ancillary structure to the rear of the property. When Applicant applied for an expansion of the studio, the Zoning Administrator rendered an opinion that the use had expanded beyond the ~home occupation" limits as defined under By-law Section 139-7A(4), and requested that Applicant seek special permit relief in order to validate the existing use and allow the proposed 130 square-foot addition to the studio to expand the interior waiting area. The proposed addition had been approved by the Historic District Commission. A parking plan, done by Richard K. Earle of Nantucket Surveyors, Inc., dated June 1, 2005, a reduced copy of which is attached hereto as Exhibit A, of the existing graveled parking area submitted by Applicant's surveyor demonstrated that the literal requirements of the By-law for the six spaces required for the use and dwelling upon the Locus would be met; in addition, a seventh parking space would be easily accommodated. Applicant also submitted a parking plan that reflected how the graveled parking area was customarily used by patrons, which allowed for practical use of a great deal more of the area for parking. Applicant informed the Board that neither he, the other instructors, studio students, nor his family parked on Meadow View Lane due to its narrow width, as well as the distance from the roadway to the improvements upon the Premises. The Applicant and class participants also informed us that ample parking for the classes was always available on site. Neighbors and students stated that there had never been a problem with insufficient parking on site and had never seen anyone parking on Meadow View Lane. The Applicant represented that the fitness studio was located in a residential neighborhood which had numerous home occupations conducted within it, including a nurse practitioner's office, a dentist's office, contractor's shops, offices for other purposes, and a beauty salon. There was also located within the immediate vicinity of the Premises an automobile repair garage and bus storage facility. The martial arts and fitness classes are offered to children from the ages of 3-13, including special needs classes, and adults. Classes are generally offered Monday through Saturday in the morning and late afternoon and early evening, however there was occasionally a class that met during the lunch hour. There are no classes on Sunday. Applicant stated that there was only one class running at one time and the room could only accommodate up to 12 students at any given time. In addition, there was generally one instructor per class, although from time to time an apprentice instructor may participate in a class, as well. Applicant stated that the classes that he offered were an asset to the community and did not negatively impact the neighborhood as there had been no complaints during the time that he had been operating to date. 5. The Board finds that the Zoning By-law specifically allows, by a grant of special permit relief, for such uses as ~communi ty recreational facili ties...bowling alleys , fitness centers or the like" in all residential zones, other than Limited-Use-General zones, provide that the Board makes a finding that the use is not substantially more detrimental to the neighborhood or environment, than the al ternati ve uses of the lot. Therefore, based upon the foregoing, the Board finds that the proposed use and about 130 square-foot addition to the studio structure would not be substantially more detrimental to the neighborhood nor the environment than the existing or permitted alternative uses of the Premises with appropriate conditions. Relief so granted would be consistent with other grants of similar relief in residential zones by this Board. 6. Accordingly, the Board of Appeals, by a UNANIMOUS vote GRANTS the requested SPECIAL PERMIT under Nantucket Zoning By-law Section 139-8.B(1) to allow the use of the ancillary structure as a martial arts and fitness studio and to allow construction of an additional about 130 square feet of space. Said relief is granted subject to the conditions enumerated below: a. The relief herein granted is personal to the Applicant or a business which he controls; b. There shall be a maximum of 12 students per class, and only one class at a time shall be conducted; c. There shall be no parking on Meadow View Drive related to the martial arts and fitness studio use; d. There shall be no classes conducted on Sundays; e. There shall be no further expansion of the use or the ancillary structure except as applied for "in this Decision, unless further relief is granted by this Board; f. Applicant shall post signage within the studio requesting that students make every effort to carpool for classes; g. There shall be no secondary dwelling permitted on the Premises for as long as the martial arts and fitness classes are conducted on site; h. No expansion in current total number of classes, i.e., twenty-five class hours per week, nor expansion in current hours of operation from 8:00 a.m. to 7:15 p.m., Monday through Saturday, without further relief from this Board; and l. The approved site plan shall be substantially as shown upon Exhibit A attached hereto. 7. In separate action, the Board of Appeals, by a UNANIMOUS vote, APPROVES the Site Plan attached as Exhibit A, under Nantucket Zoning By-Law 5139-23. Dated: July ~, 2005 c. E, j CB FND \) 75.00 ./ / I : Ii i N/F ::.:.:..:/ MICHAEL Be JUUA H. MOREAU 56-170 "! co : t:l ! '1 ....J <C I- UJ u..zr::: ,,-0- zl-' ~:g al ::t <C :I: <C Z <C o MEADOW VIEW DRIVE PRIVATE-40' WIDE CB FND / 5U' N/F REGINA KOLHEPP 56-169.3 N/F JAMES F. Be PATRICIA PATTERSON 56-169.4 CB FND ~69' o N/F EDWARD B. Be GRETCHEN F. ANDERSON 56-169.1 ~ I- IJl ::> ~ ~ HOT ......., ruB LANDSCAPED UNED POOl '" .. ~ ''cLEARSPAN'' STORAGE 102:1:S.":. SITE PLAN #57 MEADO\NEW DRIVE IN NANTUCKET. MASSACHUSETTS SCALE:1"=50' DATE: 6-1-05 DEED REFERENCE: C-16,923 PLAN REFERENCE: LC.PL. 35397 F ASSESSOR'S REFERENCE: MAP: 56 PARCEL: 169.2 PREPARED FOR: JOHN G. HALLETT, JR. CB FND -It .... ..= N/F JANICE L. OMARA 56-110 CURRENT ZONING: R-2/PWR MINIMUM LOT SIZE: 20,000 S.F. MINIMUM FRONTAGE: 75 FT. FRONTY ARD SETBACK: 30 FT. SIDE AND REAR SETBACK: 10 FT. ALLOW ABLE G.C.R.: 12.5% EXISTING G.eR.: 6.8 % FOR PROPERTY LItE: DETERMNA TION ThIS PLOT PLAN RB..ES ON ClRRENT DEEDS AN> PLANS <F REcom. ~YIS~ :~::~~~ri\: ~~ON. NANTUCKET SURVEYORS INC. ~TION OR A REcomAB..E SlRVEY. ~ /7/"~ _~.~Y WAY ~.c:.~KET, MA. 02554 N.B.308-2 272-22 'U;<<at4I7:".'.. ~pnc. &.l~~ tI SHEET 1 N-8249 -----------