The URL can be used to link to this page

Home My WebLink About018-12 28 Easy StreetFee: $300.00 Owner's name(s): r; TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION File No.- . 47- Mailing address _ Petplltifl€� -- - Phone Number.'= E -Mail: `youwngv 4 Applicant's names ri-1, Mailing Address Phone Number ? E- Mail: =carne Locus Address �f� = Assessor's Map/Parcel. Land Court Plan/ Nff Deed Reference /Certificate of Title _ Zoning District --r — T. Uses on Lot- Commercial: None = :� Yes (describe) Residential: Number of dwellings _ ,_... = Duplex Apartments Date of Structure(s): all pre -date 7/72 or _= Building Permit Numbers: Previous Zoning Board Application Numbers 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile State below or attach a separate addendum of specific special permits or variance relief applying for: The Applicant requests a waiver of nine (9) off - street parking spaces and a waiver of the loading zone requirement pursuant to Section 139 -2B (2)(b)[1] of the By -Law and a waiver of an off - street loading zone screens requirement pursuant to Section 139- 20C(2) and 19(c) of the By -Law to permit the Applicant to convert the first floor of the premises to retail space and the second floor of the Premises to two (2) apartment units. I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the gins and penalties of perjury. RAY NOMINEE TRUST By Its Attorney, SIGNATURE _ _ _._ _� Owner* Kevin F. Dale, Esquire SIGNATURE - r cant /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 / ffl Hearing notice posted with Town Clerk:_/ .1, �c Mail ed4!g/i / I&1v1M5 /f;AAR &/ / Hearing(s) held on ; /_/ Opened on '// Continued to: =;/ / ;j Withdrawn/? /L—J Derision Due By: -/ M a d e 0%01 JAJ Filed w /Town Clerk /i_ /; Mailed. /t /� 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile ADDENDUM "A" The Applicant, Robert A. Young, Trustee of RAY Nominee Trust ( "Young ") is the owner of the residential building located at 28 Easy Street, Nantucket, Massachusetts 02554 shown as Lot 15 on Land Court Plan No. 8755 -F filed with Certificate of Title No. 4449 by virtue of Owners Certificate of Title No. 24029 at the Nantucket Registry District ( "Premises "). The Premises is also shown as Parcel 67 on Nantucket Assessor's Map 4242 and is located in the CDT Zoning District. The Premises has an area of approximately 4,173+ square feet, 69.95 feet of frontage, side yard setbacks of 1.2 feet, at their closest point, and a rear yard setback of 7.3 feet at its closest point. The existing building has a ground cover of 1,567+ square feet (38 %). The Premises conforms with all current CDT intensity regulations (minimum lot area: 3,750 sq. ft., minimum frontage, 35 feet; no minimal front or side yard setback distances, a minimum 5 foot rear yard setback distance and a maximum ground cover of 75 %). The Applicant proposes to convert the existing residential building to a mixed use building including retail commercial space on the first floor and two (2) separate apartments on the second and third floors. This change of use will include the construction of a 213 square foot addition on the east side of the existing building. This project has been approved by the Nantucket Historic District commission. The proposed change of use and addition, when complete, will comply with all current zoning intensity regulations in the CDT District: no change in lot size (3,750 sq. ft.), no change in frontage (63.95 feet), and 1.2 feet side line setback distances, at their closet point; 7.3 foot rear setback distance, and 1,780 sq. ft. of ground cover (43 %). The Applicant proposes to provide two (2) stacked 9'x20' foot off street parking spaces in the driveway; one space for each apartment. The Applicant asks the Board to waive the requirement of nine (9) off -street parking spaces for the proposed first floor retail use pursuant to Section 139- 2B(2)(b)(1) of the By -Law, to waive the off -street loading zone requirement pursuant to Section 139- 20C(2) of the By -Law and to waive the requirement to screen the off - street loading zone pursuant to Section 139 -19(c) of the By -Law. It is physically impossible for the Applicant to provide the nine (9) off -street parking spaces and the off -street loading zone on the Premises and the Board's grant of these requested waivers will be in harmony with the intent and purpose of the Zoning By -Law by providing additional housing and retail space in the Core District. Further, granting these requested waivers will not be contrary to sound traffic, parking or safety considerations. The Applicant asks the Board to issue a Special permit waiving nine (9) off -street parking spaces and the off -street loading zone, and whatever other zoning relief this Board deems necessary and proper. m• dew Q� 9 9nf j twZl z� 1 �1 f 2 � � T lit m R X N n O O. O N m �a mCn a Cn f � a m =m �--i Zoning Board Application 02.13.12 _m Cn �a §� \Cn !m 2m �A Zoning Board Application 02.13.12 - Rst s§2 Zoning Board Application 02.13.12 Date: April 13, 2012 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 018 -12 Owner /Applicant: ROBERT A. YOUNG, TRUSTEE OF RAY NOMINEE TRUST 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, Parcel 67 28 Easy Street Land Court Plan No. 8755, Lot 15 Certificate of Title No. 24,029 Commercial Downtown DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, March 8, 2012, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of ROBERT A. YOUNG, TRUSTEE OF RAY NOMINEE TRUST, c/o Vaughan, Dale, Hunter, and Beaudette, PC, PO Box 659, Nantucket, MA, 02554, File No. 018- 12: 2. Applicant is requesting a waiver of nine (9) parking spaces pursuant to Nantucket Zoning Bylaw Section 139 - 18.B.(2)(b)(1) (parking waivers), a waiver of an off - street loading zone pursuant to Section 139 -20.C. (special permit for loading zone), and a waiver of the screening requirements for said loading zone pursuant to Section 139 -19.C. (screening) in conjunction with converting the first floor of the premises to retail space and the second and third floor of the premises to two (2) apartment units. The Applicant proposes to provide two (2) nine by twenty foot off - street parking spaces in the driveway, one for each apartment. The Premises currently conforms with all intensity regulations of the Commercial Downtown zoning district and the retail use is allowed by right in the Commercial Downtown zoning district. The Locus is situated at 28 Easy Street, is shown on Nantucket Tax Assessor's Map 42.4.2 as Parcel 67, is shown on Land Court Plan No. 8755 as Lot 15, and title is registered as Certificate of Title No. 24,029 in the Nantucket County Registry District of the Land Court. The property is zoned Commercial Downtown. 1 3. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. There was no Planning Board recommendation on the basis that no matters of planning concern were presented. There were no letters in support of or in opposition to the project on file. 4. Attorney Kevin Dale represented the Applicant at the hearing. At the hearing, Attorney Dale explained to the Board that the Applicant is requesting a waiver of nine (9) parking spaces pursuant to Nantucket Zoning Bylaw Section 139 - 18.B.(2)(b)(1) (parking waivers), a waiver of an off - street loading zone pursuant to Section 139 -20.C. (special permit for loading zone), and a waiver of the screening requirements for said loading zone pursuant to Section 139 -19.C. (screening) in conjunction with converting the first floor of the premises to retail space and the second and third floor of the premises to two (2) apartment units. Attorney Dale further explained to the Board that the Applicant proposes to provide two (2) nine by twenty foot off - street parking spaces in the driveway, one for each apartment. The Premises currently conforms to all intensity regulations of the Commercial Downtown zoning district and the retail use is allowed by right in the Commercial Downtown zoning district. 5. Accordingly, the Board of Appeals, by unanimous vote of the sitting members, found that waiving the required nine (9) parking spaces and loading zone in conjunction with the commercial use would be in harmony with the general purpose and intent of the zoning bylaw, would be physically impossible to provide, and would not be contrary to sound traffic and safety considerations with the condition that there shall be no exterior construction between May 25th and September 15th of any year. SIGNATURE PAGE TO FOLLOW PA Dated: �alL drd T ole Michael J. O'Mara Lisa otti /,/753 erim Koseatac n McCart y COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. ;.f % , 201 On this l day of 201 before me, the undersigned Notary Public, personally appeared �loJLA "A , 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'lie he signed it voluntarily for its stated purpose. i� My commission expires: Y