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
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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
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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.
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