HomeMy WebLinkAbout055-03
TOWN OF NANTUCKET
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BOARD OF APPEALS
003 SEP -3 All :45
NANTUCKET, MASSACHUSETTS 02554
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To: Parties in Interest and Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.: OSS---03
Owner/Applicant: Tru5L-~~ o-f- ~e Uhl 'en LocQ9~
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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.
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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); g139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
NANTUCKET ZONING BOARD OF APPEALS
One East Chestnut Street
Nantucket, Massachusetts 02554
30 Main Street, Nantucket
Assessor's Map 42.3.1, Parcels 215 and 216
Residential-Commercial- Downtown
Certificate of Title No. 7372
(Lot 6, Land Ct. Plan 13467-D)
and Deed Book 102, page 567
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals, on
Friday, July 11, 2003, at 1:00 P.M., in the Conference Room in the Town Annex
Building, 37 Washington Street, Nantucket, Massachusetts, the Board made the
following Decision on the Application (055-03) of TRUSTEES OF THE UNION
LODGE, F&AM, c/o Master of the Lodge, Todd Stout, PO Box 3133, Nantucket,
MA 02584, in connection with its property known as 30 Main Street, Nantucket,
Massachusetts.
2. Applicants are seeking relief by SPECIAL PERMIT under
Nantucket Zoning By-law Section 139-33A (alteration/expansion of a pre-
existing nonconforming structure/use) and to the extent necessary, under
Sections 139-18 (parking requirements) and under 139-20 (loading zone
requirement). Applicants propose to demolish an existing one-story, wood-
frame, shed-roofed rear portion of the structure that was constructed in the
1920's, and add approximately 300 square feet of space on the second floor of
that portion of the building. The Premises consists of two merged parcels
containing about 4,122 square feet of area on the corner of Union and Main
Streets. Newly re-zoned as part of the Residential Commercial Downtown
District at 2003's Annual Town Meeting, the minimum lot size is now 3,750
square feet, with no front or side yard setback requirements, a five-foot rear yard
setback requirement and 75% permitted ground cover ratio. The existing
structure has a ground cover of about 84.3 %, front and side yard setbacks of zero
feet, and a rear yard setback of about 2.33 feet at its closest point. The proposed
project would not increase the ground cover nor intrude deeper into the five-foot
rear setback than the existing structure. The new second-floor portion of the
project would be at least five feet from the rear property line. No parking has
ever existed on the Premises and none is planned. Section 139-18 requires that,
when a structure is expanded, parking would need to be provided as if newly
constructed. Accordingly, the Applicants hereby request relief to waive 43
parking spaces. There would be no increase in occupancy or use of the building
under this Application and there is no increase in the parking requirement. If
The Premises is located at 30 MAIN STREET, Assessor's Map
42.3.1, Parcels 215 and 216, consisting of Lot 6 on Land Court Plan 13467-D and
the unregistered land described in Deed Book 102, page 567. The property is
zoned Residential-Commercial Downtown.
3. Our Decision is based upon the Application and accompanying
materials, and representations and testimony received at our public hearing.
The Planning Board made no recommendation, finding that the Application did
not present issues of planning concern. There were no letters in support or in
opposition to the project.
4. Applicant, through counsel, represented that the proposed
renovation involves the demolition of the wooden one-story, shed-roofed
portion of the rear of the structure and its reconstruction so as to make that
portion of the building structurally sound. The footprint of the reconstructed
building would not exceed the existing building's footprint and would intrude
no closer to the property lines than the existing structure as shown on the
attached plot plan. As part of the same project, the Applicants wish to expand
the second floor of the building so as to add an archive room to the Applicant's
existing place of assembly, by building a small section of two-story structure as
shown on the elevation drawings for the project. The Board reviewed the
proposed elevations for the project, as approved by the Historic District
Commission in its Certificate of Appropriateness No. 41,612, during the hearing.
This new second-floor section would be constructed so as to be at least five feet
from the rear property line so no relief for expanding the structure within the
setback is required. Because the project involves the demolition and
reconstruction of a structure within the setback, the Board finds that a Variance
is required rather than a Special Permit for that aspect of the proposal.
However, structures that exceed the permitted ground cover ratio may be
demolished and reconstructed with Special Permit relief from this Board under
certain conditions.
5. Applicant further stated that the existing structure has a ground
cover ratio of approximately 84.3% and the proposed project would not increase
the ground cover ratio. The Locus is situated within the newly adopted
Residential-Commercial-Downtown ("RCDT") district approved at the 2003
Annual Town Meeting. This zoning change included the ability to increase the
ground cover ratio permitted as of right from 50% to 75% and established a zero-
foot front and side yard setback requirement. No parking has ever existed on
the Premises. Section 139-18 requires that, when a structure is expanded,
parking be provided as if newly constructed. Accordingly, the Applicant
requested a waiver pursuant to Section 139-18 of any and all parking required in
connection with the proposed uses in the building as well as the loading zone
requirement of Section 139-20. These existing uses are as follows:
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