HomeMy WebLinkAbout081-08 Fronzuto
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
Fee: $300.00
File No. U(jl. Df
Owner's name(s): SUZANNE M. FRONZUTO
Mailing address: PO BOX 2515 I NANTUCKET, MA 02584
Phone Number: 508-228-6045
E-Mail:FRONZUTOS@NPS.K12.MA.US
Applicant's name(s): (SAME)
Mailing Address: (SAME)
Phone Number: E-Mail:
Locus Address: 35 FIRST WAY
Assessor's Map/Parcel: 55/136.1
Land Court Plan/Plan Book & Page/Plan File No.: PL. FILE 36-E, LOT 9
Deed Reference/Certificate of Title: 343/229
Zoning District R-10
Uses on Lot- Commercial: None~ Yes (describe)
Residential: Number of dwellings 0 Duplex
Apartments
Date of Stmcture(s): all pre-date 7/72
or VACANT (ANIMAL STALLS)
Building Permit Numbers:
Previous Zoning Board Application Numbers: NONE
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
Print Form
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State below or attach a separate addendum of specific special permits or variance relief applying for:
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I certify that the information contained herein is substantially complete and tme to the
best of my knowledge, under the pains and penalties of perjury.
SIGNATURE: ~6~~B~
Owner*
SIGNATURE:
Applicant/ Attorney / Agent*
*If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency.
OFFICE USE ONLY
Application received on~ / _/ _ By~ Complete~ Need Copies:_
Filed with Town Clerk:_/ _/ _ Planning Board:_/ _/ _ Building Dept.:_/ _/ _ By:_
Fee deposited with Town Treasurer:_/ _/ _ By:_ Waiver requested:_
Granted:_/ _/ _ Hearing notice posted with Town Clerk:_/ _/ _ Mailed:_/ _/ _
I&M_/_/_ &_/_/_ Hearing(s) held on~/_/_ Opened on :_/_/_
Continued to:_/ _/ _ Withdrawn~/ _/ _ Decision Due By:_/ _/_
Made:_/_/_ Filed w/Town Clerk~/_/_ Mailed:_/_/_
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
ADDENDUM
Applicant is seeking relief by Special Permit pursuant to Nantucket Zoning By-law
Section 139-8B(1) (Recreational facility - dance studio). Applicant proposes to construct
a new conforming about 960 square-foot mixed-use building on the property which
would contain a dance studio on the first floor and a two-bedroom apartment on the
second floor. The property contains about 13,409 square feet oflot area in the
Residential-10 zoning district that requires a minimum of 10,000 square feet. The lot is
conforming in all other respects to the dimensional requirements ofthe Zoning By-law.
All parking requirements will be met with six required for the proposed uses and seven
conforming spaces provided on site with the proper turn around to avoid backing out onto
First Way. Two spaces are required for the apartment and four for up to 12 students and
one instructor at peak shift at 1/3. Two spaces are allocated to the apartment and the five
associated with the dance studio are to be sited to the rear of the property and the
structure. There is substantial screening in place to the south, north and west.
Two parking options are proposed for the ZBA's review. Option A shows two spaces
side by side for the apartment in the front and Option B shows two stacked spaces in the
same location. Both are conforming under the Zoning By-law for residential parking
spaces. The "Plot Plan", prepared by Jeffrey L. Blackwell, professional land surveyor,
dated November 7,2008, is included with the packet.
The property currently contains six small separate sheds that have been used for the
owner's livestock. The sheds are a nonconforming use as there currently is no primary
residential use located on the lot that the sheds could be ancillary to. Three of the sheds
(C, D and E) will be removed as part of the construction of the new structure and parking
area. The remaining three sheds, i.e. two goat sheds (A and B) and one duck shed (F),
will then become conforming uses once the dwelling unit is constructed. All remaining
sheds are and will continue to be conforming as to setback and groundcover
requirements.
The lot was a part of a larger parcel that was subdivided into four lots in March of 1990.
The abutting lot to the northwesterly side is owned by the Applicant and her husband.
The lot immediately abutting to the east is owned by another family member and the
closest abutter to the south is substantially separated from the locus by First Way and the
placement of that dwelling unit forward towards Surfside Road. The locus also
immediately abuts the school property on the northeasterly side.
Applicant proposes to operate a dance studio that would offer instruction to adults and
children, with classes to be taught by the Applicant and another established ballet teacher.
There would be a maximum number of 12 students at any given time and only one class
would be taught at one time. The proposed hours would be from 10:00 AM at the earliest
to 8:00 PM at the latest Monday-Friday, with Saturday hours limited to 10:00 AM - 5:00
PM and there would be no Sunday operation.
The property is ideally sited proximate to the Nantucket Public Schools, the Nantucket
Teen Center, the playing fields and large parking areas for any unexpected parking
overflow. Students are able to walk to the studio and thus the traffic impact would be
mitigated. In addition, the studio would be on the NRTA shuttle route in the summer.
First Way is now paved at that point with adequate site lines. Vehicles would not need to
back onto First Way, and thus there would be no safety concern related to vehicles
exiting the property. The School and Teen Center are open earlier and later than the
studio and thus the proposed hours of operation would be in harmony with other
neighborhood uses and activities. There would be little noise emanating from the
structure as windows would be closed at night should music be used.
There are several businesses located near the locus, such as a busy orthodontist office and
hair salon (permitted by ZBA action) across Surfside Road. Several other properties
situated within the same R-I0 zoning district have been granted similar relief for these
low impact uses and the Applicant states that the required finding could be made that the
proposed use would not be a substantially more detrimental to the neighborhood nor the
environment than the existing or permitted alternative uses of the lot. A grant of relief
would be consistent with other grants of similar relief in residential zones by the ZBA.
The structure has been approved by the Historic District Commission, but Applicant will
be returning to modify that approval as the proposed building is to be relocated on the lot.
Applicant proposes the following conditions:
Substantial conformance with Exhibit A; Applicant's preference is Option A;
The hours of operation shall be no earlier than 10:00 AM and no later than
8:00 PM, Monday-Friday; no earlier than 10:00 AM and no later than 5:00
PM on Saturday; and no Sunday operation;
There shall be a maximum of 12 students per class and only one class at a
time shall be conducted;
There shall be no parking on the traveled portion of First Way related to the
dance studio use;
There shall be no expansion of the dance studio use without further relief from
this Board;
In separate action, the ZBA approves the "Plot Plan" attached as Exhibit A, as
required pursuant to Nantucket Zoning By -law Section 139-23.
Town of Nantucket Web GIS - Printable Map
Page 1 of 1
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Prop ID
Address
Owner
55 136.1
35 FIRST WY
FRONZUTO SUZANNE M
BOX 2515
NANTUCKET, MA 02584
04/13/1990
$0
00343/ 229
0.31 acres
NOT A LEGAL DOCUMENT
Sale Date
Sale Price
Book/Page
Lot Size
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
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Disclaimer 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
Geographic Information System (GIS) database.
Town of Nantucket, Massachusetts
Map Composed
11/11/2008
Copyright 2005 Town of Nantucket, MA, All rights reserved, Developed by AppGeo
http://host.appgeo.comlnantucketma/PrintableMap.aspx?Preserve= Width&Map Width=86... 11/11/2008
Town of Nantucket Web GIS - Printable Map
Town of Nantucket Web GIS
Page 1 of 1
Prop ID
Address
Owner
Sale Date
Sale Price
Book/Page
Lot Size
55 136.1
35 FIRST WY
FRONZUTO SUZANNE M
BOX 2515
NANTUCKET, MA 02584
04/13/1990
$0
00343/ 229
0.31 acres
NOT A LEGAL DOCUMENT
'::=J
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
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Town of Nantucket, Massachusetts
Map Composed
11/11/2008
http://host.appgeo.comlnantucketma/PrintableMap.aspx?Preserve= Width&Map Width=86... 11/11/2008
Disclaimer 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
Geographic Information System (GIS) database.
Copyright 2005 Town of Nantucket, MA. All rights reserved Developed by AppGeo
Town of Nantucket Web GIS - Printable Map
Page 1 of 1
Town of Nantucket Web GIS
Prop ID
Address
Owner
Sale Date
Sale Price
Book/Page
Lot Size
55 136.1
35 FIRST WY
FRONZUTO SUZANNE M
BOX 2515
NANTUCKET, MA 02584
04/13/1990
$0
00343/ 229
0.31 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.
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Disclaimer 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
Geographic Information System (GIS) database.
Town of Nantucket, Massachusetts
Map Composed
11/11/2008
Copyright 2005 Town of Nantucket. MA. All rights reserved. Developed by AppGeo
http://host.appgeo.com/nantucketma/PrintableMap.aspx?Preserve=Width&Map Width=43... 11/11/2008
CURRENT ZONING CLASSIFICATION:
Residential 10 (R-10)
10,000 S.F.
75 FT.
20 FT.
10FT.
20%
MINIMUM LOT SIZE:
MINIMUN FRONTAGE:
FRONT YARD SETBACK:
REAR/SIDE SETBACK:
GROUND COVER %
55-136
N/F
FRONZUTO
'I STY
W/F
SHED F
. r18::l:S. .
10.6'--0
55-135
N/F
MORRIS
1 STY
W/F
SHED E
134::l:S.F.
~
CD
'f- -_-1- '1....3'
11.0'
11.0'
MAINTAIN
EXISTING
VEGETATION
EXISTING:
13,409::tS.F.
SEE PLAN
SEE PLAN
SEE PLAN
3.1 % ,
<6J 1-\
1 STY
W/F
SHED B
85::l:S.F.
C)P T l 0 f\J A
37'/3'
55-137
N/F
T.O.N.
PROPOSED
20' x 9'
PARKING
SPACE
(TYP .)
55-136.2
N/F
ST. JEAN
NOTE: EXISTING SHEDS C, D
AND E ARE TO BE REMOVED.
ORIGINAL SIGNED AND STAMPED COPIES OF THIS PLAN MAY BE
PHOTOCOPIED BY THE BOARD OF APPEALS OR THE NANTUCKET
COUN1Y REGISTRY OF DEEDS FOR RECORDING PURPOSES.
It.! f'A.C:I='C: nr: Olc::r.RFPANCIES REGARDING INFORMATION CONTAINED
Plot Plan to Accompany
D^"",,l ^" ,jIfVnDnl~ Jt'TmI1~n.tinn
1
CURRENT ZONING CLASSIFICATION:
Residential 10 (R-10)
10,000 S.F.
75 FT.
20 FT.
10 FT.
20%
MINIMUM LOT SIZE:
MINIMUN FRONTAGE:
FRONT YARD SETBACK:
REAR/SIDE SETBACK:
GROUND COVER %
55-136
N/F
FRONZUTO
1 STY
W/F
SHED F
(8:J:S. .
10.6'-0
55-1 35
N/F
MORRIS
1 STY
W/F
SHED E
134:J:S.F.
ft
CO
...- _1- 4 .L_
0) 11.0'
o
...- STEPS
EXISTING:
13,409:tS.F.
SEE PLAN
SEE PLAN
SEE PLAN
3.1 % ,
'1... 1,,\
~...J"
1 STY
W/F
SHED B
85:J:S.F.
---I STY
W/F
SHl]) D
39~tS.F,
PROPOSED
2 STY ~
W /Y &3
STRUCTURE Cl
960:tS.F.
11.0'
MAINTAIN
EXISTING
VEGETATION
55-137
N/F
T.O.N.
'.
55-136.2
N/F
ST. JEAN
NOTE: EXISTING SHEDS C, D
.I AND E ARE TO BE REMOVED.
ORIGINAL SIGNED AND STAMPED COPIES OF THIS PLAN MAY BE
PHOTOCOPIED BY THE BOARD OF APPEALS OR THE NANTUCKET
COUNTY REGISTRY OF DEEDS FOR RECORDING PURPOSES.
IN CASES OF DISCREPANCIES REGARDING INFORMATION CONTAINED
HEREON AND UNAUTHORIZED PHOTOCOPIES OF THIS PLAN, ONLY
Plot Plan to Accompany
Board of App~als Application
J500
RECEIVED
BOARD OF ASSESSORS
SEP 2 2 2008
Town of Nantucket
TOWN OF
N~.NTUCk'ET, MA
Zoning Board of A?peals
\\
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
PROPERTYOWNER....~..~.........
MAILING ADDRESS....... ........................ ......... . .. ... ................ ........
PROPERTY LOCATION........... rJ.5":. ..E~.. &.7...........
ASSESSOR MAP/PARCEL..... ..5.~ -:-:./.c.i.~. ~(.................................
SUBMITTED By...........................................................................
SEE ATTACHED PAGES
I certify that the foregoing is a list of all persons who are owners of abutting
property, owners ofland directly opposite on any public or private street or way;
and abutters of the abutters and all other land owners within 300 feet of the
property line of owner's property, as they appear on the most recent applicable tax
list (M.G.L. c. 40A, Section 11 and Zoning Code Chapter 40A, Section 139-29B
(2).
-M- :<'1 ;;2L7CJ I
DATE
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AS:SESSOR'S OFFICE
TOWN OF NANTUCKET
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
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Date: December 24 ,2008
To: Parties in Interest and. Others concerned with the Decision of
the BOARD OF APPEALS in the Application of the following:
Applica tion No. :
081-08
Owner/Applicant:
Suzanne M Fronzuto
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with the office of the Nantucket Town Clerk.
An Appeal from this Decision may be taken pursuant to Section 17
of Chapter 40A, Massachusetts General Laws.
Any action appealing the Decision must be brought by filing a
complaint in Land Court within TWENTY (20) days after this day's
date. Notice of the action with a copy of the complaint and
certified copy of the Decision must be given to the Town Clerk so
as to be received within such TWENTY (20) days.
~t~ 5 0'4.. t~l
Michael J. 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
Map 55
Parcel 136.1
R-I0
35 First Way
Plan File 36-E, Lot 9
Deed Book 343, Page 229
DECISION
1. At a public hearing of the Nantucket Zoning Board of Appeals ("ZBA"), on
Thursday, December 11,2008 at 1:00 P.M., in the Conference Room in the Town Annex
Building, 2 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following
Decision on the Application of SUZANNE M FRONZUTO, with an address of PO Box
2515, Nantucket, MA 02554, Board of Appeals File No. 081-08, the Board made the
following Decision:
2. Applicant is seeking relief by Special Permit pursuant to Nantucket Zoning By-
law Section 13 9-8B(1) (Recreational facility - dance studio). Applicant proposes to
construct a new conforming about 960 square-foot mixed-use building on the property
which would contain a dance studio on the first floor and a two-bedroom apartment on
the second floor. The property contains about 13,409 square feet of lot area in the
Residential-10 zoning district that requires a minimum of 10,000 square feet. The lot is
conforming in all other respects to the dimensional requirements of the Zoning By-law.
All parking requirements will be met with six required for the proposed uses and seven
conforming spaces provided on site with the proper turn around to avoid backing out onto
First Way. Two spaces are required for the apartment and four for up to 12 students and
one instructor at peak shift at 1/3. Two spaces are allocated to the apartment and the five
associated with the dance studio are to be sited to the rear of the property and the
structure. There is substantial screening in place to the south, north and west.
The Premises is located at 35 FIRST WAY, Assessor's Map 55, Parcel 136.1,
Plan File 36-E, Lot 9, Nantucket Registry of Deeds Book 343, Page 229. The property is
zoned Residential-l O.
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 any issues of planning
concern. Other than the presentation by the Applicant there was no comment from the
public at the public hearing and there were no letters on file.
4. Applicant represented that the lot was part of a larger parcel that was subdivided
into four lots in March of 1990. The abutting lot to the northwesterly side is owned by the
Applicant and her husband. The lot immediately abutting to the east is owned by another
family member and the closest abutter to the south is substantially separated from the
locus by First Way and the placement of that dwelling unit forward towards Surfside
Road. The locus also immediately abuts the school property on the northeasterly side.The
property to the east contains a single-family dwelling forward towards Surfside Road and
a garage apartment to the rear, the nearest structure to the proposed dance studio. The
locus currently contains six small separate sheds that have been used for the owner's
livestock. The sheds are a nonconforming use as there currently is no primary residential
use located on the lot that the sheds could be considered ancillary to. Three of the sheds
(C, D and E), as shown on the "Plot Plan", prepared by Jeffrey L. Blackwell, professional
land surveyor, of Blackwell & Associates, Inc., dated November 7,2008, a reduced copy
of which is attached herein as Exhibit A, will be removed as part of the construction of
the new structure and parking area. The remaining three sheds, i.e. two goat sheds (A and
B) and one duck shed (F), will then become conforming uses once the dwelling unit is
constructed on the second floor of the proposed first-floor dance studio. All remaining
sheds are and will continue to be conforming as to setback and groundcover
requirements.
5. Applicant proposes to operate a dance studio that would offer instruction to adults
and children, with classes to be taught by the Applicant and another established ballet
teacher. There would be a maximum number of 12 students at any given time and only
one class would be taught at each session. The proposed hours would be from 10:00 AM
at the earliest to 8:00 PM at the latest Monday-Friday, with Saturday hours limited to no
earlier than 10:00 AM and no later than 5:00 PM and there would be no Sunday
operation. The property is ideally situated proximate to the Nantucket Public Schools, the
Nantucket Teen Center, the playing fields and large parking areas for any unexpected
parking overflow. Students are able to walk to the studio and thus the traffic impact
would be mitigated. In addition, the studio would be on the NR T A shuttle route in the
summer. First Way is now paved at that point with adequate site lines. Vehicles would
not need to back onto First Way, and thus there would be no safety concern related to
vehicles exiting the property. The School and Teen Center are open earlier and later than
the studio and thus the proposed hours of operation would be in harmony with other
neighborhood uses and activities. There would be little noise emanating from the
structure as windows would be closed at night should music be used.
6. Applicant represented that there were several businesses located near the locus,
such as a busy orthodontist office and hair salon (permitted by ZBA action) across
Surfside Road. Several other properties situated within the same R-10 zoning district
have been granted similar relief by the ZBA for these low impact uses and the Applicant
states that the required finding could be made that the proposed use would not be
substantially more detrimental to the neighborhood nor the environment than the existing
or permitted alternative uses of the lot. A grant of relief would be consistent with other
grants of similar relief in residential zones by the ZBA. The structure has been approved
by the Historic District Commission, but Applicant will be returning to modify that
approval as the proposed building is to be relocated on the lot.
7. Applicant submitted two parking options for the ZBA's review. Option A shows
two spaces side by side for the apartment in the front of the new building and Option B
shows two stacked spaces in the same location. Both are conforming under the Zoning
By-law for residential parking spaces. Both plans show seven conforming parking spaces.
Applicant is asking that the ZBA approve Exhibit A (Option A) under site plan review.
8. Therefore, based upon the foregoing, the Board finds that the proposed use as a
dance studio, with appropriate conditions imposed, is in harmony with the general
purpose and intent of the Zoning By-law. The Board further finds that the proposed use
would not be substantially more detrimental to the neighborhood nor the environment
than the existing or permitted alternative uses of the lot. A grant of relief would be
consistent with other grants of similar relief in residential zones by the ZBA. The Board
notes the proximity to the schools and the ability for students to access the studio on foot,
as well as the surrounding parking areas should there be an overflow from the studio
activities.
9. Accordingly, the Board of Appeals, by a UNANIMOUS vote, GRANTS the
requested relief by SPECIAL PERMIT pursuant to Nantucket Zoning By-law Section
139-8B(1) to use the first floor of a proposed new mixed-use structure as a dance studio
as herein described, subject to the following conditions:
a. The structures and parking area shall be done in substantial conformance
with the "Plot Plan", prepared by Jeffrey L. Blackwell, professional land
surveyor, of Blackwell & Associates, Inc., dated November 7, 2008, a
reduced copy of which is attached herein as Exhibit A (Option A);
b. The hours of operation shall be no earlier than 10:00 AM and no later than
8:00 PM, Monday through Friday; no earlier than 10:00 AM and no later
than 5 :00 PM on Saturday; and no Sunday operation;
c. There shall be no parking on the traveled portion of First Way related to
the dance studio use;
d. There shall be a maximum of 12 students per class and only one class at a
time shall be conducted;
(ZBA Dec. 081-08)
e. There shall be no expansion of the dance studio use without further relief
from this Board; and
f. All measures shall be taken to secure the construction site, given the
locus' proximity to the schools, in order to address safety concerns.
10. In separate action, the ZBA approves the "Plot Plan" attached as Exhibit A, as
required pursuant to Nantucket Zoning By -law Section 139-23.
SIGNATURE PAGE TO FOLLOW
Dated: December J ~ , 2008.
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Michae 'J. ~'i'a .
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COMMONWEALTH OF MASSACHUSETTS
Nantucket, SS. ~Ul"l )~ ,2008
On this ~ day of ~, 2008, before me, the undersigned Notary Public,
personally appeared /"lNIl rIll'" , who is personally
known to me, and who is the person whose name is signed on the preceding or attached
document, and who acknowledged to me that he signed it voluntarily for its stated
purpose.
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My commission expires: O(II'1/tJ fli
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CURRENT ZONING CLASSIFICATION:
Residential 10 (R-10)
MINIMUM LOT SIZE: 10,000 S.F.
MINIMUN FRONTAGE: 75 FT.
FRONT YARD SETBACK: 20 FT.
REAR/SIDE SETBACK: 10FT.
GROUND COVER % : 20%
55-136
N/F
FRONZUTO
1 STY
W/F
SHED F
S' (8:1:5..
10.~
55-135
N/F
MORRIS
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MAINTAIN
EXISTING
VEGETATION
EXISTING:
13,409:tS.F.
SEE PLAN
SEE PLAN
SEE PLAN
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W/F
SHED B
85:1:S.F.
OPitof\) A
37')'3'
55-137
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55-136.2
N/F
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NOTE: EXISTING SHEDS C, D
.I AND E ARE TO BE REMOVED.
ORIGINAL SIGNED AND STAMPED COPIES OF THIS PlAN MAY BE
PHOTOCOPIED BY THE BOARD OF APPEAlS OR THE NANTUCKET
COUNlY REGISTRY OF DEEDS FOR RECORDING PURPOSES.
IN CASES Of DISCREPANCIES REGARDING INFORMATION CONTAINED
HEREON AND UNAUTHORIZED PHOTOCOPIES OF THIS PlAN. ONLY
ORIGINALLY STAMPED AND ENDORSED COPIES SHALL BE
ACKNOWlEDGED BY THE CERTIFYING lAND SURVEYOR.
THIS PLOT PlAN WAS PREPARED TO ACCOMPANY AN APPUCATlON
TO THE NANTUCKET BOARD Of APPOO AND IS NOT TO BE
CONSIDERED A FULL INSTRUMENT SURVEY.
THIS PlAN SHOULD NOT BE USED TO ESTABUSH PROPERlY UNES.
FENCES. HEDGES OR ANY ANCILLARY STRUClURES ON THE PREMISES.
THE PROPERTY UNES SHOWN RELY ON CURRENT DEEDS AND PlANS
OF RECORD.
Plot Plan to Accompa.ny
Boa.rd 01 App~als Application
\n
N a.ntucket, . J(a.ssach,tI,Setts
SCALE: 1"= 20' DATE: NOVEMBER 7, 2008
Owner: . . . . .SY~~~E. !~..F:R9~Z!Jl:O. .,....: ... 'E' .
PLrL.: .)6-
Deed/Cert.: ~~. .3~4 . ~G: ~~9. Pion: .. lOT .9. . . .
T ox Mop: . ~5:-13.6..1. Lpcus:. R~5. f1~s:r .WAX . . .
THIS PLOT PlAN IS NOT A CERTIFICATION AS TO TO THE TITLE OR
OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES
ARE SHOWN ACCORDING TO CURRENT TOWN OF NANTUCKET ASSESSOR
RECORDS.
THIS PlAN MAY NOT BE USED FOR ANY OTHER PURPOSE THAN ITS
INTENDED USE NOTED I-BCNE.
~,'''''''''''''''''''.IO\.'''''7IIA PARKING 0P110N 2._ 1,/7/2008 8:,4:5, NA EST
BLACKfELL Ii ASSOCIATES, Inc.
ProfasioMl iLand Svfw7/ars
20 Teas~ Circle
Nantucket, J1~~achusetts 02554
(60s) 128-9028 -
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
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Date: November 2, 2009
To: Parties in Interest and Others concerned with the Decision of
the BOARD OF APPEALS in the Application of the following:
Application No:
081-08
.:>
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Owner/Applicant:
Suzanne M Fronzuto
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with the office of the Nantucket Town Clerk.
An Appeal from this Decision may be taken pursuant to Section 17
of Chapter 40A, Massachusetts General Laws.
Any action appealing the Decision must be brought by filing a
complaint in Land Court within TWENTY (20) days after this day's
date. Notice of the action with a copy of the complaint and
certified copy of the Decision must be given to the Town Clerk so
as to be received within such TWENTY (20) days.
1f.d J. 0/1... (1;1/)
Michael J. 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
Map 55
Parcel 136.1
R-IO
35 First Way
Plan File 36-E, Lot 9
Deed Book 343, Page 229
DECISION
I. At a public hearing of the Nantucket Zoning Board of Appeals ("ZBA"), on
Thursday, December 11,2008 at 1:00 P.M., in the Conference Room in the Town Annex
Building, 2 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following
Decision on the Application of SUZANNE M FRONZUTO, with an address of PO Box
2515, Nantucket, MA 02554, Board of Appeals File No. 081-08, the Board made the
following Decision:
2. Applicant is seeking relief by Special Permit pursuant to Nantucket Zoning By-
law Section 139-8B(l) (Recreational facility - dance studio). Applicant proposes to
construct a new conforming about 960 square-foot mixed-use building on the property
which would contain a dance studio on the first floor and a two-bedroom apartment on
the second floor. The property contains about 13,409 square feet of lot area in the
Residential-lO zoning district that requires a minimum of 10,000 square feet. The lot is
conforming in all other respects to the dimensional requirements of the Zoning By-law.
All parking requirements will be met with six required for the proposed uses and seven
conforming spaces provided on site with the proper turn around to avoid backing out onto
First Way. Two spaces are required for the apartment and four for up to 12 students and
one instructor at peak shift at 1/3. Two spaces are allocated to the apartment and the five
associated with the dance studio are to be sited to the rear of the property and the
structure. There is substantial screening in place to the south, north and west.
The Premises is located at 35 FIRST WAY, Assessor's Map 55, Parcel 136.1,
Plan File 36-E, Lot 9, Nantucket Registry of Deeds Book 343, Page 229. The property is
zoned Residential-l O.
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 any issues of planning
concern. Other than the presentation by the Applicant there was no comment from the
public at the public hearing and there were no letters on file.
4. Applicant represented that the lot was part of a larger parcel that was subdivided
into four lots in March of 1990. The abutting lot to the northwesterly side is owned by the
Applicant and her husband. The lot immediately abutting to the east is owned by another
family member and the closest abutter to the south is substantially separated from the
locus by First Way and the placement of that dwelling unit forward towards Surfside
Road. The locus also immediately abuts the school property on the northeasterly side.The
property to the east contains a single-family dwelling forward towards Surfside Road and
a garage apartment to the rear, the nearest structure to the proposed dance studio. The
locus currently contains six small separate sheds that have been used for the owner's
livestock. The sheds are a nonconforming use as there currently is no primary residential
use located on the lot that the sheds could be considered ancillary to. Three of the sheds
(C, D and E), as shown on the "Plot Plan", prepared by Jeffrey L. Blackwell, professional
land surveyor, of Blackwell & Associates, Inc., dated November 7,2008, a reduced copy
of which is attached herein as Exhibit A, will be removed as part of the construction of
the new structure and parking area. The remaining three sheds, i.e. two goat sheds (A and
B) and one duck shed (F), will then become conforming uses once the dwelling unit is
constructed on the second floor of the proposed first-floor dance studio. All remaining
sheds are and will continue to be conforming as to setback and ground cover
requirements.
5. Applicant proposes to operate a dance studio that would offer instruction to adults
and children, with classes to be taught by the Applicant and another established ballet
teacher. There would be a maximum number of 12 students at any given time and only
one class would be taught at each session. The proposed hours would be from 10:00 AM
at the earliest to 8:00 PM at the latest Monday-Friday, with Saturday hours limited to no
earlier than 10:00 AM and no later than 5:00 PM and there would be no Sunday
operation. The property is ideally situated proximate to the Nantucket Public Schools, the
Nantucket Teen Center, the playing fields and large parking areas for any unexpected
parking overflow. Students are able to walk to the studio and thus the traffic impact
would be mitigated. In addition, the studio would be on the NR T A shuttle route in the
summer. First Way is now paved at that point with adequate site lines. Vehicles would
not need to back onto First Way, and thus there would be no safety concern related to
vehicles exiting the property. The School and Teen Center are open earlier and later than
the studio and thus the proposed hours of operation would be in harmony with other
neighborhood uses and activities. There would be little noise emanating from the
structure as windows would be closed at night should music be used.
6. Applicant represented that there were several businesses located near the locus,
such as a busy orthodontist office and hair salon (permitted by ZBA action) across
Surfside Road. Several other properties situated within the same R-IO zoning district
have been granted similar relief by the ZBA for these low impact uses and the Applicant
states that the required finding could be made that the proposed use would not be
substantially more detrimental to the neighborhood nor the environment than the existing
or pennitted alternative uses of the lot. A grant of relief would be consistent with other
grants of similar relief in residential zones by the ZBA. The structure has been approved
by the Historic District Commission, but Applicant will be returning to modify that
approval as the proposed building is to be relocated on the lot.
7. Applicant submitted two parking options for the ZBA's review. Option A shows
two spaces side by side for the apartment in the front of the new building and Option B
shows two stacked spaces in the same location. Both are conforming under the Zoning
By-law for residential parking spaces. Both plans show seven conforming parking spaces.
Applicant is asking that the ZBA approve Exhibit A (Option A) under site plan review.
8. Therefore, based upon the foregoing, the Board finds that the proposed use as a
dance studio, with appropriate conditions imposed, is in harmony with the general
purpose and intent of the Zoning By-law. The Board further finds that the proposed use
would not be substantially more detrimental to the neighborhood nor the environment
than the existing or permitted alternative uses of the lot. A grant of relief would be
consistent with other grants of similar relief in residential zones by the ZBA. The Board
notes the proximity to the schools and the ability for students to access the studio on foot,
as well as the surrounding parking areas should there be an overflow from the studio
activities.
9. Accordingly, the Board of Appeals, by a UNANIMOUS vote, GRANTS the
requested relief by SPECIAL PERMIT pursuant to Nantucket Zoning By-law Section
139-8B(I) to use the first floor of a proposed new mixed-use structure as a dance studio
as herein described, subject to the following conditions:
a. The structures and parking area shall be done in substantial conformance
with the "Plot Plan", prepared by Jeffrey L. Blackwell, professional land
surveyor, of Blackwell & Associates, Inc., dated November 7, 2008, a
reduced copy of which is attached herein as Exhibit A (Option A);
b. The hours of operation shall be no earlier than 10:00 AM and no later than
8:00 PM, Monday through Friday; no earlier than 10:00 AM and no later
than 5:00 PM on Saturday; and no Sunday operation;
c. There shall be no parking on the traveled portion of First Way related to
the dance studio use;
d. There shall be a maximum of 12 students per class and only one class at a
time shall be conducted;
(ZBA Dec. 081-08)
e. There shall be no expansion of the dance studio use without further relief
from this Board; and
f. All measures shall be taken to secure the construction site, given the
locus' proximity to the schools, in order to address safety concerns.
10. In separate action, the ZBA approves the "Plot Plan" attached as Exhibit A, as
required pursuant to Nantucket Zoning By -law Section 139-23.
SIGNATURE PAGE TO FOLLOW
'W/)v. ,;,
Dated: .JJetvbC1
,2009.
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COMMONWEALTH OF MASSACHUSETTS
Nantucket, SS. Mv. d , 2009
On this L day of ,2009, before me, the undersigned Notary Public,
personally appeared. ,. , who is personally
known to me, and who is the person whose name is signed on the preceding or attached
document, and who acknowledged to me that he signed it voluntarily for its stated
purpose.
~f{'ltt!L--
Notary Public: :t1V~~ f(. M4'1l
My commission expires: MUte., >~ ~I)
'. CURtm-I1 ZONING' ClASSIFICATION:
'Residential 10 (R.,..10)
MINIMUM lOT SIZE: 10.000 S.f.
'MINIMUN FRONTAGE: 75 FT.
FRoNT yARD SETBACK: 2() FT.
REAR/SIO,E $E1BACK: 10FT.
GROUND COVER "': 20%
EXISTING:
55~135.
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