The URL can be used to link to this page

Home My WebLink About038-03 DATE: TOWN CLERK'S OFFICE . )f O/);~ LINDA F. WILLIAMS, ZBA ADMINISTRATOR F j'-V IDL Y 14,2003 TO: FROM: RE: ZBA FILE NO. 038-03 It has just been brought to my attention that there was a clerical error on the first page of the text of the above referenced Decision. The copy filed with your office stated in the description ofthe property in the heading at the top of page 1, that the property is shown as 154/154R Main Street. It should read "8A Union Street". The property location, however, is correct in the description at the end of paragraph 2. To avoid any confusion, please add this corrected first page to the Decision already filed with you office. As this cover sheet states, there is no 20-day appeal period required for clerical corrections. The Registry of Deeds needs a corrected version to be filed at the Town Clerk's office and certified by your office before they will file it against the record in their office. Should you have any questions, please do not hesitate to call this office at 508-228-7215. :3 ::0 --l::;[c a..." c- ~ ~ c: Z . r- --" C-:. .l::>. ,. f"T: -0 ,,;.: .' W I ; i..i1 - 07/14/2003 13:18 .. 508228e541 PAGE 01 'TOWN OF NANTUCKET ZONING BOARD OF APPE S 37 WASHINGTON sTREET NANTUCKET, MASSACHUSETTS 02554 Date: ,};J~ Ii, ~<X>-3 I TO: Parties in Interest and others conce~ne~ with ther Decision of t.h~ BOARD OF APPEALS in t.he AppHcati n of the follOwing: I APPLICATION NO.2 (J~ r(JL':S i ()c I OWNER/APPLICANT: ----",J(..,eet- C. &::.JW.e --i I + Enclosed 15 the Dec1sion of the 20ard of Appe.ts "hiC} haa this d~Y been filed ~it.h the Nantucxet Town Cler~. This De lsion provides a CLARIFICATION (nO~ a Modification). an EXT NSION, or authorizes a TEMPORARY PERMIT under Nantucket Zon1ng y-Law 01~9-26H, vitb NO twenty (20) ~ay appeal period requi ed. ~ : eo: ~ovn Clerk Planning Board Builaing Dep.rt~ent 1 ... ~OZl.-8~Z-BOS .llItnUrI .~ tpUl' ~2elao eo ~, tnf .. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 Assessors Map 42.3.1 Parcel 144 ROH 8A Union Street Plan Book 16, Page 42, Lots 1 and 2 Deed Ref 731/303 At a Public Hearing ofthe Nantucket Zoning Board of Appeals, held at 1:00 P.M., Friday, June 13,2003, having been originally noticed for May 9, 2003 and continued without opening, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of the ROBERT C. ECHELE, of 424 Brazilian Avenue, Palm Beach, Florida 33480, Board of Appeals File No. 038-03, the Board made the following Decision: 1. Applicant is seeking a MODIFICATION of the Special Permit issued in the Decision in BOA File No. 041-01, which allowed the partial demolition and reconstruction of a mixed use building, with retail on the fIrst floor and one dwelling unit situated on both the first and second floors. Applicant was restricted to one retail establishment on the property and is now seeking permission to be able to have two separate retail establishments on the fIrst floor. There would now be no fIrst floor area that would be related to the second floor dwelling, which would result in about 1000 square feet of retail space. In the previous Decision parking relief was granted to waive five ofthe six required parking spaces and allowed an increase in ground cover ratio from about 29610 to 40%. The proposed new use would require seven spaces. Reliefwould be needed to waive one additional space. There would be no expansion ofthe footprint. The Locus is nonconforming (as a result of the Zoning By-law changes approved at the 2003 Annual Town Meeting) as to lot size with the Lot containing about 2,960 square feet in a district that now requires a minimum lot size of3,750 square feet; as to parking, with one space being provided on site; and as to ground cover ratio with the Lot containing about 40% (as allowed by the previous Decision), in a district that allows a maximum ground cover for subminimum lots of 30%. The Premises is located at 8A UNION STREET, Assessor's Map 42.3.1, Parcel 144, Plan Book 16, Page 42, Lots 1 and 2. The property is zoned Residential- Commercial. 2. The Decision is based upon the Application and the materials submitted with it and the testimony and evidence presented at the Hearing. The Planning Board made no recommendation finding that the matter did not present any issues of planning concern. There were no letters on file. Counsel at the hearing represented a neighbor on Union Street and stated that his client initially had concern about the project as the Applicant had made Application to the Planning Board for a second curb cut off of Union Street, in addition to the one on Washington Street. The neighbor felt that the new space would constitute a safety hazard and there was very little space to accommodate a car in that location with it having to back out onto Union Street just where the road took a sharp bend with limited visibility. The attorney represented that the Applicant had been receptive and cooperative and had withdrawn the request before the Planning Board TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: JU~ II , 20~ To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the fol,lowing: Owner/Applicant: o ?>~...03 RrJ b;L1- C - c"~ J,efe- 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 Decision must be given to the Town Clerk so as to be received within such 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 ~139-30I (SPECIAL PERMITS)~ ~139-32I (VARIANCES) , ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 Assessors Map 42.3.1 Parcel 144 ROH 154/154R Main Street Plan Book 16, Page 42, Lots 1 and 2 Deed Ref. 731/303 At a Public Hearing of the Nantucket Zoning Board of Appeals, held at 1:00 P.M., Friday, June 13, 2003, having been originally noticed for May 9, 2003 and continued without opening, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application ofthe ROBERT C. ECHELE, of 424 Brazilian Avenue, Palm Beach, Florida 33480, Board of Appeals File No. 038-03, the Board made the following Decision: 1. Applicant is seeking a MODIFICATION ofthe Special Permit issued in the Decision in BOA File No. 041-01, which allowed the partial demolition and reconstruction of a mixed use building, with retail on the first floor and one dwelling unit situated on both the first and second floors. Applicant was restricted to one retail establishment on the property and is now seeking permission to be able to have two separate retail establishments on the first floor. There would now be no first floor area that would be related to the second floor dwelling, which would result in about 1000 square feet of retail space. In the previous Decision parking relief was granted to waive five ofthe six required parking spaces and allowed an increase in ground cover ratio from about 29'1.10 to 40%. The proposed new use would require seven spaces. Reliefwould be needed to waive one additional space. There would be no expansion ofthe footprint. The Locus is nonconforming (as a result of the Zoning By-law changes approved at the 2003 Annual Town Meeting) as to lot size with the Lot containing about 2,960 square feet in a district that now requires a minimum lot size of3,750 square feet; as to parking, with one space being provided on site; and as to ground cover ratio with the Lot containing about 40% (as allowed by the previous Decision), in a district that allows a maximum ground cover for subminimum lots of 30%. The Premises is located at 8A UNION STREET, Assessor's Map 42.3.1, Parcel 144, Plan Book 16, Page 42, Lots 1 and 2. The property is zoned Residential- Commercial. 2. The Decision is based upon the Application and the materials submitted with it and the testimony and evidence presented at the Hearing. The Planning Board made no recommendation rmding that the matter did not present any issues of planning concern. There were no letters on file. Counsel at the hearing represented a neighbor on Union Street and stated that his client initially had concern about the project as the Applicant had made Application to the Planning Board for a second curb cut off of Union Street, in addition to the one on Washington Street. The neighbor felt that the new space would constitute a safety hazard and there was very little space to accommodate a car in that location with it having to back out onto Union Street just where the road took a sharp bend with limited visibility. The attorney represented that the Applicant had been receptive and cooperative and had withdrawn the request before the Planning Board resulting in the request to waive the additional parking space required for the proposed new retail space. The neighbor was now represented to be in support of the Application. 3. The Applicant, through counsel, represented that the Locus was benefited by a previous grant of Special Permit relief in the Decision in BOA File No. 041-01. Said Decision restricted the use ofthe new mixed use structure to one first-floor retail space and one apartment on the second floor and part of the first floor space. Applicant was now seeking a Modification to allow the first floor space to be used for two retail units with the apartment confmed to space on the second floor. Applicant stated that the Locus was situated in the commercial downtown area of Nantucket and that this Board has granted similar relief on numerous occasions to property situated in the same area to allow multiple retail units in one structure. Applicant represented that he had not anticipated the difficulty in renting the entire first floor unit to one tenant when he had agreed to the restriction at the time of the first Decision, and added that most interested parties preferred a smaller retail space, or half the space in this case. The apartment would remain on the second floor. The Applicant produced a "Preliminary As-Built Plot Plan", done by Richard K. Earle, of Nantucket Surveyors, Inc., dated January 15,2003, a reduced copy of which is attached hereto and marked as Exhibit A, which indicated that the structure met the dimensional parameters of the original Decision and did not increase the then nonconforming setback distance from the northerly side yard lot line, though now there is a zero side yard setback requirement, making the Locus conforming as to all setbacks. The one on-site parking space would continue to be provided from the Washington Street side. With the division of the retail space and elimination of the dwelling related space on the first floor, there would be an additional parking space required and Applicant was seeking a waiver ofthat space. 4. Based upon the foregoing, the Board fmds that the Modification ofthe Special Permit relief granted in the Decision in BOA File No. 041~01 to allow up to two retail units on the first floor would not be substantially more detrimental to the neighborhood and would be in harmony with the general purpose and intent of the Zoning By-law, constituting very little impact on the predominately commercial area In addition, the Board fmds that there would be little impact upon the neighborhood, with the waiver of the additional parking space in an area where there is little provision of on site parking spaces due to the nature of the downtown area. The Board fmds that the provision ofa space from Union Street would cause a hazardous situation and waiving the space requirement would be more appropriate and in keeping with other similar relief granted in the downtown area. 5. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested MODIFICATION of the SPECIAL PERMIT relief granted in the Decision in BOA File No. 041-01 to allow up to two separate retail units on the first floor, and waives by SPECIAL PERMIT the additional parking space required under Nantucket Zoning By- law Section 139-18, based upon the following conditions, which also incorporate the relevant conditions from the original Decision as amended a. There shall be no vehicular access from Union Street and the one on- site space and structure shall be situated as shown upon Exhibit A; b. The public shall access the commercial portions of the structure from Washington Street only, with there being no signage related to the commercial use on the Union Street side; c. There shall be a maximum of two separate retail tenants on the fIrst floor and the apartment shall be maintained on the second floor, unless further relief is granted by this Board; and d. The alterations/expansion of the original structure (which included a partial demolition) shall be completed in substantial conformance with the Certificate of Appropriateness No. 38,117 issued by the Nantucket Historic District Commission, as may be amended. 6. In separate action, by a UNANIMOUS vote, the Board waived the site plan review requirement under Section 139-23 for this Application. D~ J~Y l \ ,2003 ( ~O\JC4\ ~ Nancy J. Sevrens I ) Dale Waine :3 :;J --l -~ m~.' ~ -n ~~... c= - z"" r- ) (""> --" - 1- r-] -'. -0 .. w A en ~ Il:l:i ~ ~~~m b~r4i~ !~hi~ . ~~~i~ l~m~'1 Bbl ~ r !=i ~I:i~!~ ~ii ~~~;iil imi ~~~~~~ ~~~ ~~~;l~ ~~i a ~ ili\~ ~. ii~ ~ ~ ~ ~i;:tl~~ ",<:r-~ ~ ~~~ ~J;l~~ 'i()~~ ~I"'<:~ ~ ~:..: ~ ;~ ~~liJ~ I:::i ~:<:: ~!,,\(;j ~R' ~ :--1M Rl ,.,., ;:::! fJ '-' ~c; ~~ ~~ ~~ 'ic:J I~ t-le; \tJ ;t.~ :>111) ,... ,.,.,;;! N'j ~~ a~ "'':'1 ~ 133815 NO/Nn ~~~ 10Nlr6V f'\ -:J815 NO f3.~ z- z ?Z me m ;H ~ ~~ ~-<~ 'i !il"m ~~ c o;~ fl~ ~ ~ ~ ~~ ~~~ ~ ~~ ; ~ z Z l'" :t: ",\'i ~ lp ?Z I P"'" ~ ;j~ e ~ ~ te;"6I~ iil en ~~ 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 1:00 P.M., FRIDAY, MAY 9, 2003, IN THE CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: ROBERT C. ECHELE 8 BOARD OF APPEALS FILE NO. 038-03 Applicant is seeking a MODIFICATION of the Special Permit issued in the Decision in BOA File No. 041-01, which allowed the partial demolition and reconstruction of a mixed use building, with retail on the first floor and a dwelling unit on both the first and second floor. Applicant was restricted to one retail establishment on the property and is now seeking permission to be able to have two separate retail establishments on the first floor. There would now be no first floor area that would be related to the second floor dwelling, which would result in about 1000 square feet of retail space. In the previous Decision parking relief was granted to waive five of the six required parking spaces and allowed an increase in ground cover ratio from about 29% to 40%. The proposed new use would require seven spaces. Relief would be needed to waive one additional space. There would be no expansion of the footprint. The Locus is nonconforming as to lot size with the Lot containing about 2,960 square feet in a district that requires a minimum lot size of 5,000 square feet; as to side yard setback back with the structure sited as close as about 1.14 feet from the northerly side yard lot line in a district that requires a minimum side yard setback of five feet; as to parking, with one space being provided on site; and as to ground cover ratio with the Lot containing about 40% (as allowed by the previous Decision), in a district that allows a maximum ground cover for subminimum lots of 30%. The Premises is located at 8A UNION STREET, Assessor's Map 42.3.1, Parcel 144, Plan Book 16, Page 42, Lots 1 and 2. The property is zoned Residential- Commercial. ~-. o~'- THIS NOTICE IS AVAILABLE IN LARGE PRINT OR O~ER i ALTERNATIVE FORMATS. PLEASE CALL 508-228-721~FOR ~ FURTHER INFORMATION. ~. o VJ ;0 ~ \j N .h:. w \ . FEE: $300.00 NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 CASE NO. O~....-c)~ ] " APPLICA TION FOR RELIEF Owner's name(s): Robert C. Echele Mailing address: 424 Brazilian Avenue, Palm Beach, Florida 33480 Applicant's name(s): Same Mailing address: Same Locus address: 8A Union Street Assessor's MapIParcel: 4231/144 Land Court PlanlPlan Book & PageIPlan File No.: Plan Book 16, Page 42 Lot No.: 1 & 2 Date lot acquired:~...!.if ~ Deed Ref.lCert. of Title: Book 731, Page 3 O~ning District: RC Uses on Lot _ Commercial: None_ Yes (describe) Approved for one commercial use ( Residential: Number of dwellings_ Duplex_ Apartments~Rental Rooms Building Date(s): All pre-date 7/72? or 2001 C ofO(s)? No Building Permit Nos: Previous Zoning Board Application Nos.: BOA File No. 041 -01 '" 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 Addendum attached hereto I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE:-?~ tJ... ~-./ App6cant Attorney/Agent X (If not owner or owner's attorney, please enclose proof of agency to bring this matter before the Board) It F Z OFFICE USE <!7: \ A / Application received on:D /'6/ $By: Complete: Ct"Ul Need ~ IV Filed with Town Clerk:~~Planning Board:~ _ Building Dept.:~ _ By: (jtJJJ Fee deposited with Town Treasurer:#-~BY: 0?el)vaiver requested?:~Granted:_/~_ Hearing notice posted with Town Clerk::i-~ Mailed:!/,Jfl/()3 I&M:!j,J 2-cf/Cl::& ~_lJi!3 Hearing(s) held on:_/_/_ Opened on:~_/_ Continued to:_/_/_ Withdrawn?:~_/_ DECISION DUE BY:_/_/_ Made:~_/_ Filed w/Town Clerk:_/_/_ Mailed:_/~_ Addendum to the Application of Robert C. Echele Applicant lS seeking a MODIFICATION of the SPECIAL PERMIT granted in Board of Appeals File No. 041-01, in which relief was granted with the condition that only one commercial tenant be allowed on the first floor and one dwelling unit on the Premises without further relief from the Board of Appeals. Applicant requests the option of having two commercial tenants on the first floor. If the requested Modification is granted Applicant requests further relief by SPECIAL PERMIT under Nantucket Zoning Bylaw Section 139-18 (Parking Requirements). The relief granted to Applicant in Board of Appeals File No. 041-01 waived parking requirements and additional relief will be necessary if the requested Modification is granted. Addi tionally 77 square feet of the first floor which had been intended to be mechanical space for the second floor dwelling will be used as storage space for the first floor commercial tenant making the total first floor area 1000 square feet. The Premises is located at 8A UNION STREET, Assessor's Map 4231, Parcel 144. The property is zoned Residential- Commercial. Nantucket Assess<pr~s Map 4231 ...\ ",t.t. .so ... ." ~ E. ~ ~ , . . ,1 ., o ., ., "I. a.l. 16 .. .1.. !.c(lle 11'100) .. .. ---.I.. , .~.','-,' WAY . ~C) SCHOFIELO BROTHERS, INC. r:=J~ PROfESSIONAL ["GIN~[RS . REGISTERED LAND SURVEYORS 14- FEDERlL ST., N"NTU(;M.ET, MASS. I .. z 1i o ~ o z ~ ~ ~ 2 -r!IT- t:t;;o ~~z ~r,n~ :l: '" V - a <( ~ SHEET INDEX rrhe rl\)\\,u and (joluity of fANTUCKET 1\1aHHaehuHettH T,.d. .".'f;' S~GI"l .0 ' .. , ..' .,.w_:~,~ ..I.I:';#oCt;\\',~_ - -~~',~~'~ .....f":'_,,~;~L__~-l-_,TI..~ c,~,,,,,,4io.1& z ~-a a ~~~ ~ J, .-t n. n. -a .-t ..., lOW .... ~ i ~~ ~ ~ -< a::W o w~ ~~ . ~oz W~a: ~ ~ a:: 0 ....= .11 ~ ~ ~ LL W .-t ~ 0...,0 ~ w a: en~~ (.) -J en-< ~ tS ~~ ~g;n. ~ en olt ~i::~ z ~ ~ to ~ " I Z en I- Z I- <C W ....J en >-a.. ~ 0:::1- (.) <Co <C Z....J en :r:a..zen _ -<C ....JI- :r: W....J 0:::- a...:J CD I en <C ~cJ ~jjC; 23 en .... lJJ 5 :H >- t'oI W 0 '-i~ ~ <- I-.... en>-J: ~ ~~~ ~ ~~o -<3~ ZIO~ ~ e " ~ ~ ~~ ~w~~ ~~c:s~ ~"(,!j'!.U ~~~c ~"t5~ (1j1-....~1-.... ~"'Cffi"'C ~)..;;::as ~~@S!,iJ ~cs(.)Q.1 ~ ..I-.... ~8~~ ~~~~~ ~-..J)...~:s: -s-..J",.,.:,.o..'a'" "" "'C q:: (.O} ~ ~ SfRE:Cr WPSHINGfON ~ ~bS~ l:t;<:~ -.: ll:: Cb ~ !:l:l ~~ c:sLl: b C'l ~ \ \ \ \. \ ~~ \1.. ii:: :<: // -.:Ll: l( / Vi ;'1 ' ~ / ~~ U'''f' ~~ 'S~~/ ~~ n':"&" C> "'C ~'i{:; -..J~ ' @S / ~ ' ~ / , ! .j ~ IIi II1 I-.... k:: ~~ lt1~ l"uC) ~~ C/)~ ~~ Q:i ~r\j "'C1 el-.... tJ~ ~Q:: ~-..J (1j~ tn~ -':l:i) I-.... C>~ -..Jcs l- i: ~ ~ ~il : ~liJi tm ~ = ~ .~~e ~~~ ~t2[5~-H Iii ~~g~-<~ I!i ~~~~~~~ B ~:~en~~~ ~19 Noa::O~~~ I ~ !z-JLL~~m >- ~!i~~<~i i5m ~~f;~~~~ ~~; 01 o IIi If} !;I!I liJ~~~~~ Wi5~~~i :g1"I!l'i il:g~~i .- :g;~~1 5 I~~~m ~ _~gi5~ z 10.48'MEAS. I 10.5'REC. ..~ ---. ~~~ ii::;<: -.:Ll: UN/ON STREET ::!! 7\l U) -I -n r o o 7\l '3 r )> Z 06"'''' 8<3\~C3 (j)(j)(j)(j) '11~'11'11 <.;\ 0 ~ ~ <<3 <<<< \\) 3 ~ \\> - 0 - = ::I -- -- >00 ~~3J " ~ \Jl> (JII(JI '" ~ C>1--l (JIO (JI ." \fl ." , ." b ~~ ""t1 ~ N g . ~.. () ~ 3 g --" _ --..:0.. CP --..:0.. II I~ 0)> (j) :r: - z C0 ---\ o Z (j) ---\ 7\J m m ---\ () c 3 3 c :s > ~ ~ 7'J m \fl <5 m z ::l > r \fl " > () m \fl IJ 9 :::J 7'J II> \fl ~ ~ 11 ~a~ ~ ~& " " " ~ ~. 7lJ ~ 8 ~ 3 ~ TOWN OF NANTUCKET ZONING BOARD OF APPEALS BOAR~~~~~~gORS APR 0 4 2003 TOWN OF NANTUCKET M , A LIST OF PARTIES IN INTEREST IN TIIE MATTER OF TIIE PETITION OF PROPERTY OWNER:. '~~~'~~~a:~ ir ~.~~.~ k'~e'ii u.e.................................... MAILING ADDRESS:.. ~.~ ~~.. ~~~.S:!l. ,... .f.l.9;r;-J9.a..... 3.3 4.8 0............... ....... 8A Union street PROPERTY LOCATION:.......................................................... ............... .......... Map 4231, Parcel 144 ASSESSORS MAP/P ARCEL:... ...... ......... .......... ... ..................... ............... .......... S UBMITIED BY:.. ..:.~.~:r:.~. ~.~.~.. .~.~... ~.~~.? ~.~~.,....~ ttq.:p]..~y................ .... 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 O\mers \vithin three hundred feet of the property line ofO\vner's property, all as they appear on the most recent applicable tax list. (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139, Section 139-29D (2) ). D~\q\1~09..... TOWN OF NANTUCKET .. .. ~ 8 f-l 0'1 m ~ 0'1 0'1 ~ :z; ~ ., :0] g ~ s i~~~ fil .. .. ~ e8~~ 111 0 M r-4 Pol r-4 M N N .. .. <II .. f-l 8 CIJ 0'1 <II <II .. ~ .. .. :0] :0] ~ ~ ~ ~ t t t ~ : : t too i ~ ~ t ~ ~ ~ ~ ~ ~ ~ ~ ~ i i ~ ; ~ ~ ~ ~ ~ ~ ~ 0 0 ~ ~ 8 8 ~ : ~ ~ ~ o r-4 ~ ~ N ~ ~ ~ r-4 r-4 r-4 r-4 r-4 ~ r-4 N N r-4 r-4 r-4 .. <II .. .. <II <II .. o ~ .. .. <II .. '" <II .. ~ .. .. t :0] : ~ ~ ~ ~ ~ ~ ~ :0] ~ ~ U N H. H ~ ~ .. .. ., ; a .. .. H .. .. .. ., a .. o 0 .. ~ ; ., ~ .. ~ 0 0 .. ; ~ ~ ~ 0 ~ ~ ~ ~ .. ~ ~ ~ ~ ~ o 0 '" r-4 m ~ r-4 r-4 ~ ~ r-4 ~ .. <II ~ = .. <II .. t ~ t t t t ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ '" .-4 N f""l .-t \,Q N (j) '" '" 0. t t t t t .. ~ ~ ~ ~ ~ <II !il !il !il !il !il ~~a~~~ m U Pi IllI II( r-4 1M .... r-4 r-4 f: ~ ~ ~ ~ ~ ~ :: ~ ~ ~ ~ ~ ~ :; ~ ~ ~ g ~o ~ ~ ~ :; ~ ~ ~ :; :; ~ ~~~~~~~~~~~~g~~g~~~.-I~~g~~~~~~ '" o '" '" :;:;:;;~:;;:;:;;~::~~~:; ~~~N~~N~~N~~g~:.:~ o 0 0 0 0 0 0 0 0 0 ~ 0 .-I N N 0 ~ ~ ~ ~ ~ ~ g ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ g g ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ r5 " Ii! o .. >. .. ~ ~ u .. .. e eBB ~ B B ~ ~ ~ ~ ~ ~ ~ r5 :d I ; I m r5 8 ~ t t t t ~ 0 !j tj tj !j <II E ~ ~ ~ ~ ~ !: ~ z a i! ~ 51 51 ~ ~ ~ ~ t t .. <II ~ ., t ~ a ~ ~ ~ ~ ~ . ~ t ~ t ~ r-4 III \D III TI1 \0 D co ikl.-l~N""~~N8 2 =~fB~",~~~ '" ... ill ~ ~~ggg~~~r-- t!l Z ~~ tIl H . ..:IE-t l\:1 tIllo: ll<:U l\:1D ~~ lIlZ ~ .. .. ., Q i gJ .. H m tl I ., " .. Ii! !I ~ u u u ~ j ~ ~ 8 :0] ::: tl ~ to to t f:1 .. ~ TI1 i! >t H i ,., 0 ~ a ., u ., ,., .. ti ti ; ~ !j!j i:l u ~ ~ r'l:rl ~ ~ .. E ~ ~ g ~ ~ ~ H H H to to to Q Q Q .. <II ~ ~ ., ., .. .. a a 51 ~ ~ ~ ~ ~ : ... ~ ~ ~ ~ H ~ ~ ~ '" '" ~ ... ... o .... .... r-- to- \,Q 111 N N N N ...-t ~ ~ ~ ~ ::: a a a 51 IlQ 0'1 tf.l CQ 0 ::l ::l ::l ~ .... o 11'1 If) II'l \0 .-t N N N r-4 :;: .. .. .. <II <II 0 Ii! .. .. 0 E ~ H .. .. <II o .. ,., .. .. o ,., to .. ill .. <II Ii! .. .. .. .. .. .. .. ., ., ., Q Q Q <II <II <II ., ., ., H H H t t t ., ., ., .. .. .. ~ ~ ~ .. .. .. 000 .......... ..... u u u ~ ;.'j ~ ~ ~ ti ti ~ .. ~~8!j~tjt .. ..., ~ ~ ~ ~ ~ ~ ~ ti ti ti ti t ti t t ti ti ti ti ti ti t i i i i i i i i i i i i i i i i ~ '" .. ~ .. ! ~ !ll ., .. ::i :0] <II ~ ~ ~ a ~ ~ ~ ~ .. .. ~ .. '" '" ... ... ... '" e o CJ'l l.D III \D ~ ~ ~ ~ H H H H lil lil lil lil o 0 0 0 p.. C1I 111 Pol .. lO t ~ ~ ~ ~ ~ '" ~ " ~ lil o .... .. fi H '" .. '" H .. .. oC oC = ~ ~ ~ = ~ = ~ ~ : ~ : = ! a ! ~ ~ ~ ~ ... .. \0 G\ G\ 0'1 f-l ::: ~ ~ ri : " " " :0] 0 lil lil lil '" ~ 000 111 Pol Po r-l \G .. Q '" ~ g ~ a .. :i! .. ti '" to E to ti ., ~ i i I .. .. Po a ~ ~ ~ ., E ~ ~ ~ H ~ .. i:! .. .. '" .. '" Ii! .. S gJ !C '" H ., u !C 0 tl ; o ; ~ ., ::! I ~ ~ ~ '" u to .. ti :;! t !j 0 .. to !j ~ ; ~ ~ ~ z z w w i '" o '" '" ... '" ::: ~ ., u ~ ~ .. .. .. 0< : !!l u '" .. g 8 to '" ~ to to !il co j ~ [;] ~ : : : ~ ... "'... C't M ri ri ~ ~ to ~! ~ ::: Q ti !j ~ .. o .. <II Ii! .. .. .. ~ ~ a ., I i ~ lO ,., o .. .....H U '" .. <II Ii! .. .. lil ti .. " g U I ~ ~ ~ ! H ..... .. U " " o 0 .. .. o 0 .. .. ~ ~ '" " 8 to .. .. i:! .. .. ., Q a S ., .. Ii! .. .. ~ .. .. ~ tl: ~ ~ ~ ,., s ~ ~ ~ ~ ~ ~ E ~ ~ ~ ~ ~ ~ ~ ~ w ~ ~ . ~ ~ ~ ~ ~ .. = tl Hi" G t t ~ H ~ ., ~ 8""" g ~ : ~ ~ ~ ~ ~ 8 ~ ~ : to ~ ~ t ti ti ti ~ i:l ~ ~ oC ~ ~ !j !j !j !j ~ i ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ H Q H lD lD W ~ ; ; : : ~ ~ .. ~ ~ ., a a ~ ~ ::! ~ ! ! ~ ~ i ~ ~ ti .. ~ ,., <II .. .. J lil: ~ lD ~ ~ i ~ ~ i i ~ ~ ~ ; ~ ,., ~ · : i : i i ! i ! I ~ 0 ~ e U ~ ~ ~ 8 ~ Q ~ ~ ~ ~ ~ ~ ~ .. = E .. o ..... U oC .. !il ~ 5 re ~ ., to ~ = ~ ~ = .. a g ..... ,., '" .. '" U " ~ : ~ ~ ~ ~ ~ !j !c to ~ ~ ~ 5 ~ ~ ~ ~ ~ ~ lD Q 0:: ~ .. o 3 ~ ~ a .. to ~ ~ ... s ~~ ~~:; ~ :~~~; ~~::~:~: ~~~~ ~ ~~ = =~ ~=: == =EE3 ;;;E;;;;; .-t C't C"'l. U"l ... u o ... .. c c " ri .-t ri .-t ri .-t ri .-t .-t ri .-t .-t .-t ri .-t .-t .-t .-t ri .-t ri ri .-t ri ri .-t .-t .-t .-t ri " .-t " ri ri ri .-t .-t .-t .-t ri ri ri .-t .-t .-t ~ ~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ "- ::E: ............................................................................................................................................... o;;t I-< '" ~ ~ t ~ t t t t t t t t t t H IlI1 ~ :z; :z; ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ i i i i 8 8 8 .. ~~~~~~~~~~=~::: on ... o on o '" '" 0 ~ ~ .. 0 c o ." ~ ~ ~ Ii; Ii; I-< I-< I-< I-< I-< I-< 3 tttt;t~~~~::a)tt}OOCll = = = = ~ i i ~ ~ 0 0 ~ ~~~~~8800~~ lIS CD 0 N .. \D co 1""1 .... Pot M M ,.., 1""1 .... .-t .... .... I-< I-< '" '" .. o .... on , .~ ~~~~~~;~~~~~:a ~ N ('II ('II ('II N .... ~ ~ \D N ('II 1""1 1""1 N ~ OOQoooor-OOOOOM Ii; ~~~~!H!!n:t:!Hi!nj t; t; t1 t1 t; tl tl tl IHi €~~~~~ g g ~ ~ :z; o g ~ ~ I-< '" '" '" p ~ ~ f;l Cl Z ~ ~ Cf.l H . HE-< Ji:1 Cf.ll>:: p::t) Ji:1P ~~ IQZ ~ ~ ,JSlil Cl Cl ~ ~ m ~~~~~~~~"aO co I< H I< I< H tf.l tf.l :ro ~ 2g~~g:=0\ '" on.... ~ ~~~~~~~~~ I-< I-< '" '" ~ ~ I-< I-< ~ gj ~ !C H '" U ., o ~ ~ tJ o I ~ ~ ~ '" ~ .g ~ u '" I-< I-< .. .. ., ., Q Q '" '" ., ., H H t: t: ., ., .. .. 2 ~ .. .. ~~ u u '" ., ~ ~ g = ~ ~ ~ ~ ~ '" o '" U '" .. I-< t; t; t; ~ tl tl ~ I ~ ~ ~ ~ I-< ;!; '" .... z o. g ~ o ... .. .. " .. .. Q H ~ ~ Q i:l .. ~ t1 ~ 0 tl : : i "" u u z z = = H H H H r.. r.. !lit r.. It. fa! Illo r... 8 8 8 8 t'- .... 11'1 M .... r-- G\ g ~ ~ ~ :g ~ ~ ~~~r-t~;::~ ,., u .. Q ~ t: ~ ~ !il ~ 0( ., H j = .. ~ ~ t; Ii! ~ t1 is ~ '" = tl 0 9 tl :c .. = tJ ~ :: ~ ~ :z; ~ :< :! ~ ~ ~ ~ ~ H U :I: :z; ia Do :z; C) w Ii! ;::: .... '" .. on '" ., .. .... t1 .. g tl g ... o .. 0 .. .. .. I-< ~ ., ~ ~ '" t1 I-< ~ PEl IlI1 tI1 : ~ ! t1 : ~ :q ~ ~ g ;:: ~ to- ~ ~ ~ .... r-- r-- 10 ('II .... r- f"'l .... .... ~ H .. U ~ u ~ " ~ ~ ~ ~ '" ., 0( ., ~ e ~ ~ i gj ~ 8 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ t ~ ~ ~ ~ ~ ~ ., ~ ~ ~ u ~ ~ ~ i ~ ~:i~~~~~>~~~~~~~:i~ ~ ~ ., = ~ ~ ., ~ ! ~ ~ ~ = = g re ~ ~ w 0 ; ~~~~~88tj~~Q;;~~:~~; j ~~~~i~~i~~I~~~I~~~E ~ g '" ... ~ ~ ;: ~ ti :;! ti ~ ~ ~ ~ ~ ~ ~ " .. = t; o tl ; ~ = z ., ~ j Ii! tl = ., ~ I-< '" lil lil ~ ~ I-< I-< o '" '" I-< .. e ~ ~ E Ii; lil IS 8 0., C7l M r-- 0 0\ rot N .... ~ ~ ~ i:l " " ~ '" ., '" H .. .. .. ., ~ 8 H Z H I-< o " u ., '" E u u ~ u i:i i:i ~ ~ g g f:: ~ : : ~ a ~ ~ i ~ ~ ; ~ ~ ~ ~ ~ ~ ~ ~ ~ .. .. ~~~ln!~:l ~ ~ i B ; a : ~a~Ld~ ~ ,., 0( a ~ ~ ~ ~ g .. H ., .. .g :~~~~~~.,.\tlW)r--.alG'\,...j0-4.-40r-lNM.,.\tlU"lIl'lIl'l\Dr--0\ ..:l ....NNNNNN...-t..-t......-t....r-tNNNf'r--r--r--r--r--r--r--r--I""r--r-- ... o o .. .. ~ "' r- .. o r< 0-4 0-4 0-4 0-4 .-l ,...j 0-4 N N N N N N N N N ~ _ _ _ _ _ _ .. _. _. __ _. o o N .::- TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: -Au~~t 10 , 2001 To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Appl ica tion No.: Ot1 I-CJ OWc;~~~~~~~~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 complaint and certified copy of the Decision must be given to the Town Clerk so as to be received within such 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 ~139-30I (SPECIAL PERMITS); ~139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. NANTUCKET ZONING BOARD OF APPEALS 37 Washing-ton Street Nantucket, Massachusetts 02554 Assessor's Map 42.3.1 Parcel 144 RC 8A Union Street Plan Book 16, Page 42, Lots 1 and 2 Deed Ref. Book 689, Page 23 DECISION: 1. At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M. Friday, June 8, 2001, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of CARDINAL TITLE HOLDING COMPANY, ROBERT C. ECHELE, TRUSTEE, c/o Patricia A. Halsted, Attorney, Four North Water Street, Nantucket, Massachusetts 02554, Board of Appeals File No. 041-01, the Board made the following Decision: 2. Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning Bylaw Section 139-33A (alteration/expansion of a pre-existing nonconforming structure/use); Section 139-33E(2) to increase the ground cover ratio beyond 30%, the maximum allowed for subminimum lots of record; Section 139-18 (Parking Requirements); and Section 139-20 (Loading Zone). Applicant proposes to alter a single-family dwelling, by removing the primary living section of the structure, retaining a portion of the northerly side of the dwelling, and elevating that portion a maximum of two (2) feet, raising the roof from a height of about 12 feet to about 14 feet, without increasing the nonconforming setback distance of about one (1) foot from that lot line. In addition, Applicant proposes to construct a new structure, incorporating the remaining section of the house, which would increase the ground cover ratio from the present about 29% to about 40% on this about 2,964 square-foot lot. A portion of the first floor, about 805 square feet, would be used for commercial purposes, an allowed use as a matter of right in this district, and the second floor would be used as a single-family dwelling unit, with the remaining portion of the first floor being used in conjunction with the residential use. Parking relief is also asked for, as the Lot configuration precludes provision of more than one (1) on-site space, which is accessed from Washington Street (the Locus has frontage on Union Street as well). Further, Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning Bylaw Section 139-20 to waive the loading zone requirement. The Premises is located at 8A UNION STREET, Assessor's Map 42.3.1, Parcel 144, Plan Book 16, Page 42, Lots 1 and 2. The property is zoned Residential-Commercial. 3 . OUr accompanying Decision is materials, based upon the Application and and representations and testimony received at our public hearing. The recommendation as the matter was not of were no letters received from abutters. expressed at the hearing. Planning Board made no planning concern. There There was no opposition 4. The Applicant, through counsel, represented that the existing structure had a ground cover ratio of approximately 29% and that he proposed to remove most of the existing structure and rebuild a new structure with an increased ground cover ratio of approximately 40%. Under the Nantucket Zoning Bylaw relief may be granted by Special Permit to permit up to 50% ground cover ratio which is the ground cOver ratio permitted in this zoning district. The northerly portion of the structure will remain in the required five-foot side yard setback area, being one (1) foot from the property line at its closest point, and will be elevated approximately two (2) feet in height without coming any closer to that lot line than the existing building. The new structure will have a commercial use on the first floor and a one-bedroom apartment on the second floor. Access by the' public to the commercial portion of the structure will be solely from Washington Street, which is primarily commercially developed, rather than from Union Street, which is primarily residential at that point. Due to the size of the lot it is physically impossible to provide more than the one (1) existing parking space and to provide a loading zone. However, there are loading zones proximate the Locus situated within the street layout. 5. Therefore, based upon the foregoing, the Board finds that the allowing, by Special Permit, the proposed demolition of a substantial portion of the existing structure and raising of the remaining portion of said structure within the setback area, with a change in use from a single-family dwelling to commercial use on the first floor and one (1) dwelling unit primarily on the second floor of the structure would not be substantially more detrimental to the neighborhood, and the addition of a commercial use would be in har.mony with the uses in the downtown core area. In addition, the Board finds that allowing, by Special Permit, the increase in ground cover from about 29% to about 40% would also not be substantially more detrimental to the neighborhood than the existing nonconformity. Further, The Board finds that a waiver of five (5) of the required six (6) parking spaces would be in harmony with the general purposes and intent of this Zoning Bylaw, and that compliance with the parking requirements would be physically impossible and said waiver would not be contrary to sound traffic and safety considerations, nor inconsistent with relief previously granted by this Board in the downtown core area. The Board also finds that waiving the loading zone requirement by Special Permit would also be in harmony with the general purposes and intent of the Zoning Bylaw. 6. Accordingly, by a unanimous vote, the Board GRANTS the requested relief by SPECIAL PERMIT under Nantucket Zoning Bylaw Sections 139-33A, 139-33E (2), 139-18 and 139-20 to allow the demolition and proposed expansion of the building, and to waive the parking and loading zone requirements, based upon the following conditions: a. The proposed structure shall be sited as shown on the site plan prepared by Charles W. Hart, dated May 7, 2001, a copy of which is attached hereto as Exhibit A; b. The public shall access the commercial portion of the structure from Washington Street only, with there being no signage related to the commercial use on the Union Street side; c. There shall be only one (1) commercial tenant on the first floor, and one (1) dwelling unit on the Premises without further relief from this Board; and d. The alterations/expansion shall be completed in substantial conformance with the Certificate of Appropriateness No. 38,117 issued by the Historic District Commission, as may be amended. 7. The Board, by unanimous vote, done by Charles W. Hart, dated May Zoning Bylaw Section 139-23. Dated: August~, 2001. the "Site Plan", under Nantucket ~ William Hourihan --=--f~~~ v::t- ?50I'(N'~G: R- - C MIN'. I..OT S/.1eR: FleONTA G.e F&ONT cYAR..D G.C.Ie. "'1 DP. A, REAR- :::tAR.D ,,000 .s.P: +0 FT. NONJ<: $00/0 c,!LFT. o '1.f - () ( NANTUCKET ZONING BOARD ~f~EALS S", P:Z:;""'OO ~m ,fIi '( ~e~~ ~ ROBERT ECHELE SA UNION STREET ~~ ~~ SITE PLAN LOT AREA: 2964 SF '" EXISTING GRCOV.: 863 SF (29%) PROPOSED GRCOV.: 1172 (40%) 1"=10' ~;l..~,J - /00 J1./f' CA.PTAIN'S H.ouse T'RUST et ;J ~ , ./ ./ ./ ./ i'-- I i "---l I I SECTION OF EXISTING !:WELLING TO REM^'N I.ND ~15E 1.5 FT. ,. " I' ~ eX1S7? ./' ..sF.>:' -12.3.1-/a.s: nIf' '{'.C. AYE..I!S et a Z EXISTING !:WELLING .. ... _ 5--..... - -i'?R.OPOSIi:.D Z sroR,Y , R.e-;.5:/ zr:'::,/'./c.c 0'.--;'::,"'- s;.,-oP - .- ;. ( SHOP PiC-OOf<. AR. ""A. 80S", S.I': FOOTPRINT OF NEW BUILDING i' ,L ~ !->: Ut, W,AL.<.:: .-1'2. :3./-.j3 "II' MAX N. J5J<: RR Y et :.1 WASHINGTON STREET F'A.IVClNG R.KQU/Re/v(.eHTS (9/39-/8 P.) : DWISI..I../HG UN/T : .I SPACR; PIi:,R UNIT I R..Ii:'TA/1.. ':;'TO~If:.5 : i SI"AC/C PO'<< EACH . Zoo SQUA.~IS F"t::J!:T 01" GROSS F.l..OOR. AR.,ISA '-I &E~U/JQED ..5PACK.:s : ~ /f..l\ Uf y.." 3 faozl~<J-- PR.OY/oDeD SPACIf< soL Opp- Sr/i!.eIGT I...OAD/NG FACIJ..ITI"'.:s (f1/3:3-Z0) .1"1- 1"7: WI.[)TH x :35 PT: ,,-,lONGTIi x IZ f"T. HE/GI-{T PR.OV/D.E:.[) : NONie: POSS 1.8^-IS G~"~N .sPACK .p/tOVIDIt]): /SOO'" S.P. (30%"') AssIGSSO~/.s ?A.IeCJE:J.-..5: -1-Z..3./ - /-1,,& /-1-5 LOTS J ~ Z IN PJ..A.N ./jOO/<: /10 p. -1-Z {"-{JAlUtU;1+it r ';-7-0{ x ~ GOG7