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Home My WebLink About060-07 TOWN OF NANTUCKET ZONING BOARD OF APPEALS 2 FAIRGROUNDS ROAD 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. JULY 13.2007. in the Conference Room, 2 FAIRGROUNDS ROAD, Nantucket, MA, on the Application of the following: MIL TON C. ROWLAND AND ROBERT A M. ROWLAND BOARD OF APPEALS FILE NO. 060-07 Applicants are seeking a MODIFICATION of the previous SPECIAL PERMIT relief granted in the Decision in BOA File No. 017-93 pursuant to Nantucket Zoning By-law Section 139-33A (alteration/expansion of a pre-existing nonconforming structure); Section 139-18 waiving three of the then four required parking spaces; and Section 139-20 waiving the loading zone requirement. Applicants propose to add second floor space in order to continue to use the loft area as part of the office use ofthe building, and would raise the existing ridge height from about 18.5 feet to about 26 feet. As part of the overall renovation of the structure, new conforming additions would be constructed onto the northerly front and the westerly side of the structure to increase the first-floor office space. The new ground cover ratio would not exceed the maximum allowed of 30% for this subminimum about 3,310 square-foot lot. The structure would continue to meet the northerly front, westerly side and southerly rear yard setback requiremen~. The easterly side yard setback intrusion would be removed anda new handicap ramp installed that would be exempt from the setback requirements. Applicants are also seeking to modifY the previous Decision as the new parking calculation for the increased commercial space of about 1,334 would be seven. The ZBA previously waived three of the then required four spaces as one space was and is provided on site. Applicants are asking to have the additional three spaces waived, though two spaces would be provided in a stacked manner on site. Applicants are also asking to maintain the ability, which was addressed in the previous Decision, to be able to convert the second floor to a dwelling unit without having to seek further relief from this Board. The locus is nonconforming as to lot size with the lot containing about 3,310 square feet of area in a district that requires a minimum of 5,000 square feet oflot area; and as to side yard setback with the structure being sited within the required five-foot easterly side yard setback area. The Premises is located at 15 COMMERCIAL WHARF, Assessor's Map 42.2.4, Parcel 9, Land Court Plan No. 10,752-C, Lot 2. The pro~ i~ zoned Residential-Commercial. \ /~~~UA-- Nancy J. Se ens, Chairman THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. ".' J!I ~ .... ' '!l"'-:-"~l ..t 1.' "I . . l",., '. . f C ",'f(" ... "J ( NANTUCKET ZONING BOARD OF APPEALS ~ ., 1 ICAST CHESTNUT STREET NANTUCKET, MA 02554 CASE No.OGiJ)-a7 FEE:~300.00 APPLICATION FOR RELIEF O'wner'sname(s): f'nllt-C/rfl C, f20wlotnJ and Robcrfu /'n. Ro'w!oY>& _ M:~~I~':1~~~d_res~: __ _ ~.~ Co m unevr -1 'rAt Ujh arf (__ fl? yrfvct~i-( rn J4- 0 ?:_~~~__ Applican t' s n;~~( ~-) :-- --rsQune-5--------------.------------- -- - --- - .-----------------~--------- Mailing address: . ( f ().J/Y\e ,) . Locus 'address: ll<) Co f)1 ern ere ('a~ ~('..f: Assessor's MapfParcel: ~;2 . .~, l{ - q Land Court PlanlPlan Book&-l4igelP--lan-File NQ.: lOt J,~2-- ~ Lot No.: ;z, Date lot acquired:~/26lqo Deed Ref./Cert. ofTitle:/~. 7 (? Zoning District: ~ ~ '. , . pses on Lot- Commercial: None_Yes (describe) A--rrY1l 'ff.cftXQj De99 Y1 0 ffi re. _ Residential: Number of dwellings_ Duplex---: Apartments_Rental Rooms . B.illdlng Date(s): All pre-date 7n21 ~ or C of 0(8)1 Btrllding Permit Nos: P~evious Zoning Board Application Nos.: 0 ( 7 - q3 State below or on a separate addendum specific reli~f sought (Special Permit, Variance, Appeal), Section of the Zoning By.;.law, and supporting details, grounds for grant of relief, listing any existing nonconformities: Cw ~-\ktc~c:9-oc9&Y\dtm) ;", ) o , ) I certify that the information contained herei IS su tantiaUy complete and true to the best of my knowledge, under }'1. ptl'an~ aIn orjn. SIGNA TURJ!;/~ ~ Applicant Attorney/Agent (If not owner or owner's attorney, please enclose proQf of agency to bring thister before the Board) (It FORZ AO, CE USE Application received on:JJLJIL4J- By: Complete Need copies?: Filed with Town Clerk:J..Q!_ Planning Board:--f~../_ Building Dept.: . Fee deposited with Town Treasurer:.imC11!l By: CSDXWaiver requested?:_Granted:_I_I_ Hearing notice posted with Town Clerk:{Q./Zfi([] Mailed:J,ittQ]I&M: ~/2c;r-tII- & 7/SJ[}L Hearlng(s) held on:_I_I-: Opened on:_I_I_ Continued to:_I_I_ Withdrawn?:_I_I_ DECISION DUE BY: 1 I Made: I I Filed wfrown Clerk: I 1 Mailed: I 1 Town of Nantucket Web GIS - Printable Map Page 1 of2 Town of Nantucket Web GIS Sale Date Sale Price Book/Page Lot Size 42,2,4 9 15 COMMERCIAL WF ROWLAND MILTON & ROBERTA 15 DEER RUN RD NANTUCKET, MA 2554 03/26/1993 $218,500 C0015/719 0.08 acres NOT A LEGAL DOCUMENT a Prop ID Address Owner For general reference only: Important caveats which must be considered when using this data are available from the Nantucket GIS Coordinator. pjs-<:19jm~r The information displayed on this or any other map produced by The Town of Nantucket is for reference purposes only. The Town of Nantucket does not guarantee the accuracy of the data, Users are responsible for determining the suitability for individual needs, All information is from the Town of Nantucket r:;pn"r;::lnhir Tnfnrm;::ltinn ~\I<::h::;)m ((.:;yc:., n;::lt;::lh;::lC:p ~v ~ "- ~~ Town of Nantucket, Mass Map Composed http://host.appgeo.com/nantucketma/PrintableMap,aspx?Preserve=Width&Map Width=864... 6/21/2007 Town of Nantucket Web GIS - Printable Map Page 1 of2 Town of Nantucket Web GIS Prop ID Address Owner 42.2.4 9 15 COMMERCIAL WF ROWLAND MILTON & ROBERTA 15 DEER RUN RD NANTUCKET, MA 2554 03/26/1993 $218,500 C0015/719 0.08 acres . NOT A LEGAL DOCUMENT For general reference only: Important caveats which must be considered when using this data are available from the Nantucket GIS Coordinator. Pj~c191~ The information displayed on this or any other map produced by The Town of Nantucket is for reference purposes only. The Town of Nantucket does not guarantee the accuracy of the data, Users are responsible for determining the suitability for individual needs. All information is from the Town of Nantucket r:;,::lnnr~nhir Tnfnrm.::ltinn c::.\/<::r.::lm ((:;Te;, rl.::lt.::lh~<::~ Sale Date Sale Price Book/Page Lot Size a ~v ~~ ~-- Town of Nantucket, Mass Map Composed http://hostappgeo . comlnantucketma/PrintableMap. aspx?Preserve= Width&Map Width=4 32.,. 6/2112007 " LOCUS SCALE: NOT TO SCALE n~l TOlNl ~OWl~lNl~ f& ~J>J>O(~~TlEJ> MIP: 42.2,4/9 t~ (OnnlE~(~~l W['ll~~r lNl~lNlT~(!I(lEl n~J>J>~(['ll~J>lErrJ> Date Printed S(Q)CQloll/Q).l(Q)414 6fi/2007 15 COMMERCIAL WHARF NANTUCKET, MA O~554 . jJANTUct::fiiT ~AS ]. EL1=.c:r~G Co. ." L- ./ '. --/ \:- L 1-}-G..9Lf ' -"'; / . ?E.t:..Pe:ru4<... IOWN 0/= ) L-- E,A$EM EIJT"7 NANTLlc.eET ~K/A ~ " . ' EAsE..lv1E'NT ~~ r . . ,... . . .' ~ ooc-* 1555~ >U A Y , /0 XlI De ;7 C / / 31f $.'t=: }?:e.c.) 7 _...__, ',_r /-,,< "7.&-:< f . . I ...... '-'oJ. / -, J :! r~"~' ,. . ~= 1-1 141 \1 y'l W. ~ ~. I ~ \! ~/~:3:>T/N~ I IlJ /';K1O. F.eANE . ; I ~//~:t~ \- I' &3.# i t..e..6A.L.'~1c.~ ~~A~~ ('1 '1-20) 2. A~TUAL... t?PA~e.'? (G,x 14) LtJT 2- 33. lO!S- F (.1\).. 0' 1Jl 1lll\l . t[} .1\. .~~ "-l~ ....,J ON- SIT~ 'PA~'?INb ~. p; C-.u..e. J?:.8JT ZOA-' I J.J & eesl.DEl..JT/AC- CoMNE:.KL.J..dC- A/lE.d. :5CO::::>:>,p: r/?OAfr;1 ~ .I/O' r.e..o.vT SE:rB~ 0 SIDE:.. j ~z:.- =>/ G/Z:ou.i.Jo CoV~ 56 ~ .Ex/ Sr. 6Jz.cuND G:::ryE:!<- -; t'..: /2 ,{S. F LOT z. L..c. /o7u;1 \ AS-BUILT PLOT PI.,AN'OF LAND IN NANTUCKET, MASS. FOR Pl~OPEl~TY LINE DETEllliINATION THIS PLOT PI..AN l\ELIES ON .cOIUtENT DEEDS AND PLANS OF ImCORD, . AS SHOWN HEREON. THIS PLAN IS NOT llliPllliSENTED TO BE A TITLE EXAMINATION OR A llliCOlIDABLE SOR- VEY. . , .. tiE."I~!:pe8 M.~OWl.A.N1) .1- ?-"I'~ DEED REFERENCE:Lc.CGeT It/I,ZLfB PLAN REFERENCE:L.C. PI-.-d:- j07s2.e- ASSESSOR'S SHEET .AND . . LOT NOMBER: l/Z..Z. t.J - $) PREPARED FOR:SlVA'.(J~ 'II;w:.;= ~ 7iasr. DATE: 11-30-3:) SCALE: IN =.2Drr. NANTOCKET SURVEYORS, INC. P.O. BOX 937 NANTUCI{ET, MASS. 02554 N- 21/51 " 7'l o " en 7'l =< ..... Z rn ---, OFFICE "- ::;: <( <>L D o o ;: ;: UJ Z OFFICE >L --' <( ~ ~ ~ e <>L , I!l 0) "- D :0 ~.. ~ o .....l --' "' (l) ;: UJ Z OFFICE 1 o DN EXISTING STRUCTURE ---- /l I ~ ------ - EXISTING SIDEWALK I I I J FIRST FLOOR PLAN ------- RO D EASEMENTS COMMERCIAL STREET COBBLESTONE EXISTING SIDEWALK PROPERTY LINE SITE PLAN SCALE: 1/811 = 11-01 n~l TO~ w(O'll@J~[D) ~ @J~~O(~@JT[~ ~5 (Om[W((~@Jl '1~@JW(r ~@J~T~(u([T. n@J3J3J@J(~~3J[TI~ 50S22S20" M/P: 42.2.4/9 15 COMMERCIAL WHARF NANTUCKET, MA o~554 Date Printed 6J11J2007 " 7<l o " rn 7<l =< .- Z rn o /l ----- RO D EASEMENTS rr===----- I !I- ~ < "" D o ~ ~ UJ Z ---, DECK OFFICE '" -' < ~ ~ ~. \:l ~ en D ~ ~ ~ o 3 -' <f) <il 3: UJ z OFFICE UP EXISTING STRUCTURE --- EXISTING SIDEWALK FIRST FLOOR PLAN COMMERCIAL STREET COBBLESTONE EXISTING SIDEWALK FROFERTY LINE 15 COMMERCIAL WHARF NANTUCKET, MA O~554 9 X 20 LEGAL FARKING SFACE \0) _' z-- ;2. "" < !l- I!;' .~. ~c- .-_ ..- - ~ -. <il UJ -' "' to o u \0) z ;::: <il x- UJ 9 X 20 LEGAL FARKING SFACE i I I I I ) n~l TOlNJ ~OWld5JlNJD t d5J~~O(~d5JTL~ t~ (onnL~(~d5Jl Wrlid5JlRr lNJd5JlNJT~(~[l nd5J~~d5J(rli~~Lrr~ 5(QJSt22~J~(QJ" FIRST FLOOR PLAN SCALE: 1/8/1 = 1'-0/1 " 7<l o " rn 7<l =< .- Z rn n ~ j I l .~ M/P: 42.2.4/9 Date Printed 6/11/2007 !&QS, ~ PR~ATE OFFICE PRIVATE OFFICE PRIVATE OFFICE DO SECOND FLOOR PLAN SECOND FLOOR SCALE: 1/811 = 11-011 n~llOlMl ~OWl~lMlb ~ ~~~O(~~llC~ M/P: 42.2.4/9 L5 (OnnlC~CCJ~l w~~~r lMl~lMll~(ll\[l n~,),)~(lHl~,)[TI,) Date Printed SO/QJ.22/a.20" 6/7/2007 15 COMMERCIAL WHARF NANTUCKET, MA O~554 mm NORTH ELEVATION Ern WEST ELEVATION .15 COMMERCIAL WHARF NANTUCKET, MA o~554 n~l10~ ~OWl~~~ ~ ~'s'sO(~~llL's ~5 (OnnlL~(~~l Wru~~r ~~~l~(~lL1. M~'s's~(ru~'slLrr's 50co.llco.10~ ELEVATIONS SCALE: 1/8JJ = 1'-0" M/F': 42,2,4/9 Date Printed 6/11/2007 SOUTH ELEVATION EAST ELEVATION ELEVATIONS SCALE: 1/8" = 11-0" n~l TOlNl ~OWl~lNlb ~ ~:5J:5JO(~~TlL:5J M/P: 42.2.4/9 ~5 (OnnlL~(~~l w['U~~r lNl~lNll~([f(lLl n~:5J:5J~(['U~:5JlLTI:5J Date Printed 50/QJ,11/QJ,lO~ 6n /2007 15 COMMERCIAL WHARF NANTUCKET, MA O~554 15 COMMERCIAL WHARF NANTUCKET, MA 02554 FIRST FLOOR PLAN SCALE: 1/811 = 1'-0' DECK OFFICE KITCHEN FIRST FLOOR PLAN AS BUlL T OFFICE M/P: 42.2.4/9 rUL TO~ w(OI'Lut1J~!Ol ~ ut1J550(Jut1JTf5 t~ (Onnfw((~ut1Jll'lHIut1JW([j 1MIut1J~T~(Kfl nut1J55ut1J(1HI~5!LTI5 50(QJ2~2IQt20~ ~? I I - I m ~ NORTH ELEVEA TION I WEST ELEVATION AS BUlL T ELEVATIONS SCALE: 1/8" = 1'-0" n~l TO~ ROVl~~D ~ ~550(~~T[5 t5 (OMIER{~~l V~~Rr ~~~T~{~lEl n~55~{~~51E1l5 5)tO)iQt21StlO" M/P: 42.2.4/9 15 COMMERCIAL WHARF NANTUCKET, MA o~554 Em Em SOUTH ELEVATION .-" - 'c-lr/EE8l 'ill3331l EAST ELEVATION AS BUlL T L5 COMMERCIAL WHARF NANTUCKE7; MA o~554 ELEVATIONS SCALE: 1/8" = 11-0'1 n~l10rNJ f(OVllt1lrNJ[>> E>> It1ISlSlO(~lt1Il[[Sl ~5 (Oll1JJ1lLf((~lt1Il VlI'lllt1lf(f rNJlt1IrNJ1~(~lLl nIt1lSlSlIt1l(lI'll~SllLTISl 5(O)(Qtll~ol(o)" M/F': 42.2,4/9 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: February I} 19 93 To: Parties in Interest and, Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 017-93 Owner/Applicant: PACIFIC NATIONAL BANK, OWNER, AND MILTON ROWLAND, CONTRACT PURCHASER 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. QQctk cJ (J)cw,(Q Dale W. Waine Chairman \ cc: Town Clerk Planning Board Building Commissioner ZONING BOARD OF APPEALS 3 South Beach Street Nantucket, Mass. 02554 Map 42-2-4 Parcel 9 RC 15 Commercial Wharf 11,248 At a Public Hearing of the ZONING BOARD OF APPEALS held at 1:00 P.M., Friday, February 5, 1993, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of PACIFIC NATIONAL BANK, owner, and MILTON ROWLAND, contract purchaser, Main street, Nantucket, Mass. 02554, Board of Appeals File No. 017-93, the Board made the following DECISION: 1. Applicants are seeking relief by Special Permit under 33139- 18B, 139-20C, and 139-33A to allow alteration of and a change of use in a structure which is said to be nonconforming. The building is currently a residential use on a lot with less than the required minimum lot area, containing 3,3101 S.F.i a minimum lot area of 5,000 S.F. is required. Applicant proposes to add a ramp and convert the building to office use, providing one (1) on-site parking space and no loading area. As proposed, the use of the building would require four (4) parking spaces under 3139- 18D (Table of parking requirements). The premises are located at 15 COMMERCIAL WHARF, Assessor's Map 42-2-4, parcel 9, as shown on Land Court Plan 10,752-C. The property is zoned RC. 2. The Decision is based upon the Application and materials submitted with it, the testimony and evidence presented at the Hearing, two (2) letters in support of the request for relief, and a recommendation from the Planning Board that the Applicant be required to provide two (2) on-site parking spaces. 3. Applicant explained his plan for alteration of the building to include a ramp for handicapped access, and conversion of the use from a dwelling to office use for his design business, although the possibility remained that he might also use the building as a dwelling. 4. Applicant submitted with the Application a plan showing the proposed location for the parking space on the lot. 5. By unanimous vote (Waine, Balas, Williams, Leichter, and Angelastro in favor) the Board finds that, as to the request for relief by SpeciaL Permit under 33139-18B and 139-20C, waiving of three (3) required parking spaces and the required off-street loading facility, that the granting of such relief is in harmony with the general purposes and intent of this zoning bylawi and that compliance with the parking requirements of 3 139-18 and the off-street loading facility requirements of 3139-20 would be physically impossible for the applicant to provide or, if physically practical, have a significant and adverse effect on the scenic or historic integrity of the neighborhood, and be Application No. 017-93 DECISION contrary to sound traffic and safety considerations, and that the proposed alteration s to the structure and the change of use are not substantially more detrimental to the neighborhood than the existing structure and uses, and GRANTS the relief requested by Special Permit under ss139-18B, 139-20C, and 139-33A, waiving three (3) parking spaces and the loading facility, and allowing the alteration and conversion of the dwelling as proposed for office and/or residential use, on the following condition: A. The parking required for the uses in the premises shall not exceed four (4) spaces. Date: ~~ I?, /193 CtiJvn~ Ann Balas Robert J. Leichter 2 TOWN OF NANTUCKET B.OARDOF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: February 17 ' 1993 CERTIFICATE OF GRANTING OF ~XNEEXXN~XER SPECIAL PERMIT (Massachusetts General Laws; Chapter 40A, Section 11) The BOARD OF APPEALS of the TOWN OF NANTUCKET, hereby certifies that a ~~X SPECIAL PERMIT has been GRANTED: To: (Owner/Applicant) Pacific National Bank, Owner and Milton Rowland, Contract Purchaser (017-93) Address: Main Street, Nantucket, MA 02554 affecting the rights of the Owner/Applicant with respect to land or building at: 15 Commercial Wharf. Assessor's Map 42.2.4, Parcel 9, as shown on Land Court Plan 10,752-C Cer'T. of- 'f-('--He. Deea RQforcn~: 11,248 And the BOARD OF APPEALS further certifies that the attached Decision is a true and correct copy of its Decision GRANTING the XKRXKM~KXXK~XNK SPECIAL PERMIT and that copies of the Decision and of all plans referred to in th~ Decision have been filed with the Planning Board and the Town Clerk. The BOARD OF APPEALS calls to the attention of the Owner/ Applicant that General Laws, Chapter 40A, Section 11 (last paragraph) provides that no X~RXK~~Rx~~~~XK SPECIAL PERMIT, or any EXTENSION, MODIFICATION or RENEWAL thereof, shall take effect until (a) a copy of the Decision is certified by the Town Clerk that TWENTY (20) days have elapsed after the Decision has been filed in the office of the Town Clerk and no appeal has been filed (or, if such appeal has been flled, that it has been dismissed or denied) and (b) the certified copy is recorded in the Registry of Deeds for the County of Nantucket and indexed in the grantor index under the name of the Owner of Record or is recorded and noted on the Owner's Certificate of Title. The fee for such recording or registering shall be paid by the Owner/Applicant of) (O~~ cJ~ LJfwJO /uAl;)ailj}~ r 10 ,-k' If 5.00 RECEIVED BOARD OF ASSESSORS JUN 0 5 2007 Town of Nantucket TOWN OF NANTUCKET, MA Zoning Board of Appeals LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER.....,.,~.~./!..~..I?JW/(0J' MAILING ADDRESS....,....".......,...........,............",....,.....,..... ............,.,...... PROPERTY LOCATION.........".~........ ................... .... ......ur.:. ~~/f - 9 ASSESSOR MAPIPARCEL. "'" .... ... ......,' ';...........'... .....1)'.. ..... .."......"....,.... APPLICANT....,...."."....".,',.~.../T~c.i......... SEE ATTACHED PAGES I certify that the foregoing is a list of 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, all as they appear on the most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 40A Section 139-29B (2) r&7,dlJt?'L E ' ~ ;f/tAJ ASSESSOR'S OFFICE Town of Nantucket .. !-< ~ VI <Il o "" Z Z ., 0 0 .. !-< !-< o " " o Z Z " H H :,; i': M <Il tIl ~ ~ ~ ~ N 'It' S Pol M M 0 fit ~ ~ :i! ~ ~ ~ ~ t1 ~ ~ ~ ~~~~~~ tIl 0 0 0 0 0 U U () U U ~ f&t J!<t ~ ~ s: s: s: s: s: .. s: !-< !-< !-< !-< !-< !-< !-< !-< 00 00 00 00 ~ 00 00 00 tIl ~ S ~ ~ ~ ~ !-< i ~ ~ ~ ~ ~ ~ ~ ~ ~ i i utili u U u u ~ ~ ~ ~ ~ I ~ ~ I I I I I I ~ M N rl 0 Z M rl rl rl M ~ ~ ~ rl N N ~ ~ 0'\ 1l'l M ri r-- N N ('II N M t"t t"'I t"t t"I CIl tIl f-t E-t f-i tIl CIl f-t tIl fIJ tIl 00 i!Ji!Jzzz1H~z E-t E-t 0 0 0 E-t E-t 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ H i-i '" Z Z H H ..... 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H H tJ U U tJ s: :0: M '" TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: August 22- ,2007 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No, : 060-07 d --J Owner/Applicant: MILTON C. ROWLAND AND ROBERTA M. ROWLAND ::::=l Enclosed is the Decision of the BOARD OF APPEALS which has th~~ day been filed with the office of the Nantucket Town Clerk. N An Appeal from this Decision may be taken pursuant to Section~~7 of Chapter 40A, Massachusetts General Laws. N Any action appealing the Decision must be brought by filing a complaint in 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 (2\) days_,. b'~ . 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. \ NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 42.2.4 Parcel 9 R-C 15 Commercial Wharf Land Ct. Plan No. 10,752-C, Lot 2 Cert. of Title No, 15,719 DECISION: 1. At a Public Hearing of the Nantucket Zoning Board of Appeals held at 12:00 P.M., Friday, July 13, 2007, in the Conference Room, 2 Fairgrounds Road, Nantucket, Massachusetts, on the Application of MIL TON C. ROWLAND AND ROBERTA M. ROWLAND, of 15 Commercial Wharf, Nantucket, MA 02554, Board of Appeals File No. 060-07, the Board made the following Decision: 2, Applicants are seeking a MODIFICATION of the previous SPECIAL PERMIT relief granted in the Decision in BOA File No. 017-93 pursuant to Nantucket Zoning By-law Section 139-33A (alteration/expansion of a pre-existing nonconforming structure); Section 139-18 waiving three of the then four required parking spaces; and Section 139-20 waiving the loading zone requirement. Applicants propose to add second floor space in order to continue to use the 10ft area as part of the office use of the building, and would raise the existing ridge height from about 18.5 feet to about 26 feet. As part of the overall renovation of the structure, new conforming additions would be constructed onto the northerly front and the westerly side of the structure to increase the first-floor office space. The new ground cover ratio would not exceed the maximum allowed of 30% for this subminimum about 3,310 square-foot lot. The structure would continue to meet the northerly front, westerly side and southerly rear yard setback requirements. The easterly side yard setback intrusion would be removed and a new handicap ramp installed that would be exempt from the setback requirements. Applicants are also seeking to modify the previous Decision as the new parking calculation for the increased commercial space of about 1,334 would be seven. The ZBA previously waived three of the then required four spaces as one space was and is provided on site, Applicants are asking to have the additional three spaces waived, though two spaces would be provided in a stacked manner on site. Applicants are also asking to maintain the ability, which was addressed in the previous Decision, to be able to convert the second floor to a dwelling unit without having to seek further relief from this Board. The locus is nonconforming as to lot size with the lot containing about 3,310 square feet of area in a district that requires a minimum of 5,000 square feet of lot area; and as to side yard setback with the structure being sited within the required five-foot easterly side yard setback 1 area, The Premises is located at 15 COMMERCIAL WHARF, Assessor's Map 42.2.4, Parcel 9, Land Court Plan No. 10,752-C, Lot 2. The property is zoned Residential-Commercial. 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, as no matter of planning concern was presented. Except for the presentation by the Applicants, there was no public comment presented at the hearing and there were no letters on file. 4. Applicants stated that the property is benefited by a previous grant of Special Permit relief in the Decision in BOA File No, 017-93 (the "Decision") that allowed the change in use of the existing structure from residential to a commercial office. The structure was nonconforming as to the required five-foot easterly side yard setback as there is a small addition that is sited closer than five feet from that lot line, and thus special permit relief pursuant to Nantucket Zoning By-law Section 139-33A was necessary at that time to change the use of a structure that was sited within a required setback area, The structure is otherwise conforming to all setback and ground cover requirements. In addition, three of the four required parking spaces were waived in the Decision for the new office use, with one space provided on site. Applicant is now seeking to modify the previous Decision to construct new second floor space by raising the ridge height from about 18.5 feet to about 26 feet. The nonconforming addition on the easterly side would be removed and the structure rendered conforming in all respects. Applicants propose to increase the office space use with the ability to have up to two separate offices contained in the structure. The new parking calculation for the increased total of commercial space of about 1,334 would be seven spaces required. Applicants are asking to have the additional three required spaces waived, though two spaces would be provided in a stacked manner on site. Applicants are also asking to maintain the ability, which was addressed in the previous Decision, to be able to convert the second floor or the entire structure to a dwelling unit and back to office space without having to seek further relief from this Board. 5. Therefore, based upon the foregoing, the Board of Appeals finds that the proposed Modification of the Decision in BOA File No. 017-93 would be in harmony with the general purpose and intent of the Zoning By-law and the waiver of the three additional parking spaces required for the expansion of the structure to add second floor office space would not be contrary to sound traffic and safety considerations. The Board also affirms the findings made in the Decision. The property is proximate the Nantucket Harbor with provision of the required parking on site physically impossible. The Board also notes that the property is located in the downtown commercial area and such a modification of relief would be consistent with similar relief granted to several properties in the same zoning district in the downtown area. The Board further finds that the proposed increase in height to add commercial space on the second floor would not be substantially more detrimental to the neighborhood than the existing nonconformities, even though the Board does not have jurisdiction over the conforming addition once the nonconforming portion of the structure is removed from the required five-foot easterly side yard setback area and the structure made fully compliant with the dimensional requirements of the Zoning By-law. 2 6. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested MODIFICATION of the Decision in BOA File No. 017-93 in order to waive the additional three parking spaces required as a result of the expansion of the existing structure to two stories, with the increase in the commercial nature of the Premises, subject to the following conditions: (b) (c) (d) (e) (f) (g) (h) (a) The proposed alterations to the footprint shall be done in substantial conformance with the "Site Plan", prepared by Milton Rowland & Associates, dated June 11, 2007, attached to the HDC approval in Certificate of Appropriateness No. 50,682, a reduced copy of which is attached hereto to as Exhibit A; The alterations shall be done in substantial conformance with Certificate of Appropriateness No. 50,682 issued by the Nantucket Historic District Commission, as may be amended from time to time; A minimum of one parking space shall be provided on site; There shall be no exterior construction on the building related to the alteration~ and expansion herein permitted, between June 15 and September 15. of any gi~n year; _ = '~ NR T A passes shall be offered to employees of the commercial office uses in me building; -J ) A maximum of two separate commercial offices shall be allowed on site witlidut further relief from this Board; ,'V Applicants shall be allowed to convert the structure in whole or in part to a single dwelling unit, while maintaining one office use in the structure and then back to a maximum of two separate commercial offices without having to seek further relief from this Board; and The nonconforming addition on the easterly side of the structure that is sited within the required five-foot easterly setback area, shall be removed and the structure brought into compliance with the setback requirements of the Zoning By-law. 7. By the same UNANIMOUS vote, the Board of Appeals waived the requirement of site plan approval under Nantucket Zoning By-law Section 139-23, 3 Dated: August ~ 2007 r~ ~d, ff lI1~l lOINl ~Ot7lrAllNl[D) (& rAI~~O{~rAIl!L:~ M/P: 42.2.4/9 ~5 {OM!L:~{~rAIl t7nJrAI~r INlrAllNll~{K!L:T.lI1rA1~~rAI{nJ~~!L:rr~ Date Printed 50~.11~10~ I .1 15 COMMERCIAL WHARF NANTUCKET, MA 02554 SITE PLAN SCALE: 111 = 151 @ ,