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HomeMy WebLinkAbout043-11 Nantucket Island Resort~`~ c~T TOWN OF NANTUCKET -~ BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 `~ Date: August 19, 2011 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 043-11 Owner/Applicant: NANTUCKET ISLAND RESORTS, LLC 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. Edward S. Toole, Chairman cc: Town Clerk Planning Board Building Commissioner/Zoning Enforcement Officer PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING BY-LAW SECTION 139-30 (SPECIAL PERMITS); SECTION 139-32 (VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICE AT 508-228-7215. NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 42.4.2, Parcels Land Court Plan No. 38 and 78 29 and 27 Broad Street Commercial Downtown DECISION: 32088-A as Lot l; Land Court Plan No. 33109-A Book 902, Page 132 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, July 14, 2011, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of NANTUCKET ISLAND RESORTS, LLC, c/o Vaughan, Dale, Hunter, Stetina, and Beaudette, P.C., PO Box 659, 2 Whaler's Lane, Nantucket, MA 02554, File No. 043-11: 2. Applicant is requesting Variance relief pursuant to Nantucket Zoning Bylaw Section 139-32 (Variances) from the requirements set forth in Section 139-2 (definitions - tent) to allow an awning/tent to be erected for a period exceeding thirty (30) days per year. In the alternative the Applicant requests a finding from the Zoning Board of Appeals that the proposed awning is not a tent and therefore no zoning relief is necessary to construct it. The Locus is situated at 29 and 27 Broad Street, is shown on Nantucket Tax Assessor's Map 42.4.2 as Parcels 38 and 78, is shown on Land Court Plan No. 32088-a as Lot 1 and on Land Court Plan No. 33109-A, and title is recorded in the Nantucket County Registry of Deeds in Book 902, Page 132. The property is zoned Commercial Downtown. 3. Our decision accompanying materials, at our public hearing. Board of Appeals make t] to the tent regulation There were no letters application. is based upon the application and representations, and testimony received The Planning Board recommended that the ~e finding that the awning is not subject in Section 139-2 of the Zoning Bylaw. in favor of, or in opposition to, the 1 4. Attorney Bill Hunter and the current Lessee, Michael Sturgis, were present at the hearing. Attorney Hunter, representing the Applicant, is requesting Variance relief pursuant to Nantucket Zoning Bylaw Section 139-32 (variances) from the time limit set forth in section 139-2 (definitions - tent) in order to allow an awning/tent to be erected for a period exceeding thirty (30) days per year. Alternatively, the Applicant is requesting a finding that the proposed installation is an awning and therefore, that no zoning relief is necessary to construct it. The subject Locus is the Brick Bistro at the Jared Coffin House. The awning/tent is already erected on the Locus and has a Certificate of Appropriateness duly issued by the Nantucket Historic District Commission (No. 56176) approving the installation as an "awning". The Zoning Enforcement Officer has since determined that the existing awning has expanded and the size and massing of said awning is more akin to a tent. At the hearing, pictures of the Locus taken prior to the adoption of the Zoning Bylaw were submitted and showed an awning on site in the same location as the awning in question and similar in size and massing. 5. Therefore, after a discussion with the Applicant and Counsel for the Applicant, the Board finds that such a structure has historically been an awning and in light of the Certificate of Appropriateness issued by the Historic District Commission, the Board finds that said structure is an awning and not a tent and therefore is not subject to the tent regulation in Section 139-2 of the Zoning Bylaw. 6. Accordingly, by a UNANIMOUS vote, the Board of Appeals made the finding that said structure is an awning and therefore there is no relief necessary from the tent regulations in Section 139-2 of the Zoning Bylaw. SIGNATURE PAGE TO FOLLOW 2 Dated: ,~J u'~~ (~ , 2011 COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. ~/;.~ ~~ , 2011 On ~jhis (~ day of r ~~ , 2011, before me, the undersigned Notary Public, personally appeared Uc~ ~/~~~, ,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 tha fe he signed it voluntarily for its stated purpose. ~... otary Public: ~~~, (~ ~~~ `~ My commission expires: ~~~,~~~ (4 ~ _ ~~. , , `~~ ,~, ~ ` ~y ,,, ~' ® ~ ~ ~ ~.~ ::. ~ iC 'D,, . •.y, 3