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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 rj ~-J " ) ..II State below or attach a separate addendum of specific special permits or variance relief applying for: ~~ c~ibd0Ujl oc(?c0LMchlt1'LJ 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with Town Clerk:_/ _/ _ Mailed:_/ _/ _ I&M_/_/_ &_/_/_ Hearing(s) held on~/_/_ Opened on :_/_/_ Continued to:_/ _/ _ Withdrawn~/ _/ _ Decision Due By:_/ _/_ Made:_/_/_ Filed w/Town Clerk~/_/_ Mailed:_/_/_ 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone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 Town of Nantucket Web GIS 1~"t'J ,L.{- D ''. ~43 -"-'-~'1D ' -- / , L.... 55101 l. , --............_- -------....... ---- ----...........--... '-- 1"" .~.~.-.. ---....!'- -'-,",- I~- ) '... -......... I ' \'6 D I.......J ~ L ------- ---- ------ 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. ~ l\ '';.' ~; -" I~ ,. /'- \ J\~j' ~ ._,- ", c~ , l' ji" ? .q cl 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. "!' .~ ",,- ~._- ',) "'\ .J. ,) r )\ jr~ .__cTJ' 'Y (f 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. ,r _ J\/'~ .....<0-.... F (' . (f "':"1\ '" ".- <; 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 ~tJ~ AS:SESSOR'S OFFICE TOWN OF NANTUCKET <l ~ ~~:i!~~ ~ ~~~~~ ~ ~~~~~ .. :0: '" ortP'l rt Q.j l""INNrlC"iI QJ 01 nl 0. ~ ~ lil lil ... ~ ... i U ; ; ; o '" ... ... ... ... lil lil lil ~ ~ 14 ~ ~ t t ~ ~ ~ ~ ~ ~ ~ ~ S ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ .. Ii! ~ ~ m ~ ~ ~ ~ ~ ~ ~ I U U >t >- ~ ~ ~ ~ U A M ~ ~ ~ M rt rI M m rt ~ ~ " N N " N .. .. .. .. Ol Ol .... .... .. .. ... ... ... ... ... ... ... ... ... ... ... ... ... ... '" ... ... ... ... ... ... .... ... C-- 0\ ... o ... ... III ... III III III '" III III III III ... 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"' .... ... ~ " ~ ~ 0: 0 fil 0 .... ... E ~ ~ B t ~ 0: P a tOo: "' .. : ~ u ~ ~ ~ .... Vl ~ rt m = ~ p rI ... ~ m M M a ~ g M M ~ 8'~ ~ u m ~ ~ ~ o 0 M 0 U'l 0 0 P'l Pt Pt ... M .... Pt P. ..,. tIl ., ., .. tIl ~ .. a )l fil ~ ~ u: ~ ~ ~ ~ ~ " a ~ ~ ~ ~ ~ CO" II H 51 ~ :z:"' Ol 0: ... .. a ~ : ~ a ~ ~ 1='" : ~ i ~ ~ : ~ ~ a ~ ! ~ ~ ~.. :z:.... tIl ~ ::: ~ ~ s i I ~ ~ ~ I i ~ ~ ~ ~ s ... ... III ~ CD o '" .... .... .... &oJ ....MMMLIlW\Qr--NMV'lU'lV'lV'lO'lONV'I..."'ooooo o Or-trirlMMMM......................U1\D\O\D,.,P'lOOOOO ~ rlrlP""lrtrtrtMr4NNNNNNNNNNU"IlIlo\o\o\o\o\ .... N M ... U'l Po III U'l an U'l U'l U'l V'I U'l U'l U'l V'I III ill an V'I lI'I U'l U'l U'l V'I V'I 1ft U'l III U'l III :I: V'lU"JV'lU'lU'lV'lU'lUlU'lU'lU'lU'lUlIllU'lIllU'lU'llOU'llnU'lIllV'lUl o o N '- M N '- '" d CD TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 C:-:J -., --:I I'-} .;::,. -'~J 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. /1 {j DL Michae 'J. ~'i'a . /) \ f \! ,1 \ ! II. I 1 ! / ,'I i. / ',I.,(! i/ ,/, -- ;,,;.1';/ \!~~ '. ... I Y ~dwafd T~ole / Burr Tupper /-1 4 /,/./ ,//' ,,' ,......" r,-j /' >:/. '/ e.- ?:&. ~ M k Poor 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. ........,.l...~~~~. ~pU ". '. ,- i I' ~ '" ':::; "'" "'" ~ (, ~\ '!t11.0./' '/1"., ;:: .~' ~. Notary PUbli/i1t. &uJ" My commission expires: O(II'1/tJ fli ?-.,:~;;~ ',,\,~~ "'" .~ 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 ~ OJ ....... MAINTAIN EXISTING VEGETATION EXISTING: 13,409:tS.F. SEE PLAN SEE PLAN SEE PLAN 3.1% , <6J~\ 1 STY W/F SHED B 85:1:S.F. OPitof\) A 37')'3' 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 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 - ,~ \..--_.-l TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 I r0 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 .:> :> 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. /~ ]/ctl t l))~j;;r- / 1-1~ 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 $E1BACK: 10FT. GROUND COVER "': 20% EXISTING: 55~135. N/F MORRIS ~ CO ..- MAINTAIN- .EXlsTrNG VEGETATION 1 . 55-137 NIF '. T.O.N. : ~ 16,5:~ .~ "- ,... I \. i I I i I for)' QJ ,... 55-136.2 N/F ST. JEAN I i j I NOTE: EXIJnNG SHEDS C, 0 AND E AREf TO BE REMOVED. i . . 1 . ,,?," " ~~ '. . 0.00# ./i'. O;:-!Is. .' 1l(8'l'~t!&r. . "4.j;.- ORiGIfW..$IlltEI) ~STAuPED' eoPIS CFTHls PI:AN MAY 1lE , :~.B'f,H.ecWm.tif~'~:~ !. .&~:~..,...COHrMED 'tEREr;H AfC) ~ ~.w. JIIS:PlAM,. otI.Y ) , ORIGINMJ.Y- S1"AWPED- JJl)J;JOJR$ED' ~. swu. lIE' I" .~:.!f:K..~VID~ i :1HlS'~ PlJ,N ~~'~~!i~,""""'JS.A~ ,.1O-]HE KW1UCI<Ef .rE ~- ~ " . --.m.. Ii RAl SlI\W.Y. ' , iF=~"~". nE ~ !JES:SHCMNRElYON CURREt<< IlEmi.AND PIJHS T ,u , 55~136J . ' Cf '!lECORD. ,ox MOP: . .. ... 1HJS.PtDT,flAN.{S-MqT A'~-'~'-~ 101HE lITlEOR BUe-Uf' $L, -AssoCIATES, lne. ,~ << 1HE .PItOP.ERri: SJdN; ~,Of' ABIOINIHG' PROPERTIES D.o..#aMI,' H_ .Id ' . " H.,: .a..-...._. ' . 'ARE-SHOwtf~:TO CURRBtT TOWN.<< tWmJCKEr ASSESSOR C1-VI~~- "_"'lf~'V 'REalROS. . . ao 2'i . .Oircle . lHIS.PIJ.N JlAYNOT BEUSED'fORN<< OliER'PIJRPOSE-TJM os NClntiic1cet,J/i .-: Us 02554- , " ~~";"'~~.w...-, 0PllilN ui;e I1nnooa ':14:51 HI. E$j' C.) " .;.JP26 . ~ i , . i i ,I I I ' II