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HomeMy WebLinkAbout065-12 135 Old South Road, Jason Tilroe CFJNTw ! Z o Z ^� O C n rn —1 N Co -o g � TOWN OF NANTUCKET m N BOAR OF APPEALS I W NANTUCKET, MA 02554 APPLICATION M C-) M M C) OGS-t� Fee: $300.00 File No. Owner's name(s): - LT fp 7,, J/'/T) Mailing address: $ 51 ^ AW R 4,1 Phone Number :-,-I? 3— Mail: 70 7,• f /!p/ .S E -Mail: Applicant's name(s):___,.j(/C/`��� Print Form Mailing Address: -A5 Mt2c .e,e ZXI Phone Number:��p,�_ /_� E Mail :�L,C ` ' A COI'I•i Locus Address: © /�/ fy, Assessor's Map/Parcel:_ 1z V4.0 6 Land Court Plan /Plan Book & Page /Plan File No.: / 1f - jLf Deed Reference /Certificate of Tide: a% / Zoning District_ '`� Uses on Lot- Conunercial: None Yes (describe) 02r ,fir Residential: Number of dwellings me s ________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: I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: OAP(Jil 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:—LL By_ Waiver requested: Granted: _/ / Hearing notice posted with Town Clerk:—/—/ Mailed:—/—/— I &M / /_ & / Hearing(s) held on_/ / Opened on:—/—/— C d t ontinueo: —/—/—Withdrawn:—/—/— Decision Due By:_/ / Made:—/—/— Filed w /Town Clerk: _/ / Mailed:_/ / 2 Fairgrounds Road Nantucket Massachusetts 02554 508- 228 -7215 telephone 508 - 228 -7298 facsimile July 7, 2012 To Whom It May Concern: I am opening a small preschool called Exploration Station on Old South Rd in September 2012. I currently have 7 parking spots and need four additional to be able to have a capacity up to 21. The preschool only has 10 students but the center will also be used as a drop in art and science discovery play center after school as well as a children's party rental space. In both of the additional programs, there may be up to 21 children. On the west side of the property, there are parking spaces, which belong to a condominium complex. I spoke to the property manager and asked to rent some of their parking. I'm still waiting to hear back from him as he was going to contact the individual owners. I have also arranged a schedule where students will be dropped off and picked up at slightly different times to avoid traffic in our parking lot. I am requesting to appeal for four additional parking spots. Thank you, Melanie Hajjar Town of Nantucket Zoning Board of Appeals RECEIVED BOARD OF ASSESSORS JUN 18 2012 TOWN OF NANTUCKET, MA LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER...: ='.1: t.:.�..... �/. �!'.^ .C........ ....... MAILING ADDRESS. ..... ....... .... .,,) ................/.:........... �:�.. 2. PROPERTY LOCATION..... �.... G `--�`'`� .............. ............................... ASSESSOR MAP/ PARCEL.. /..:�: ' .. ...... /<4 � ...... SUBMITTED BY..... .C.. �tr�t' .../ zt. .......................... �,- e -2 _ i - c (G- 6 � SEE ATTACHED PAGES I certify that the foregoing is a list of all persons who are owners of abutting property, owners of land 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)• (7 E " SE OFFICE TOWN OF NANTUCKET 612 SSj , �o 1 9 0 a 3 \A J• Z OZaN ADVI�m 0 Z Ln n N ,If" C rS.`*►i 'D ;z��, orgo o r $aaZ A'IR11, O OZO y A r - a1 (inn r m p �? S -p rn 1 C r O A N w rn z N ... 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' tic 4 tot sob 4JOI LM 41g .. �. - f •!�� XS ,.,i StZ:'2�S •�• t+1iy3 1y, s � Ea 4 lQ 4C �,,� • beh'�j sZZ z - � i 11zla� � �� i% s1 gbh n x bbhm� r � � •>.n � �'a�� o�`' 't c� s ?E Fr 1� Jr. g C t'61,y btih .la for 1 9s r sod :. Szzd }} ,< 'loth zb /� osh ash o15, of I �s � iZ•6 'YF4: � ;j 4�jrr i'�yC� • !tg%d1 �1' ` S.la� s °, ' hf �s . to 1 yt!i �1 bbh ISsI, 51 ��tih yi5'� 4w r• � L 1 tab �F'r �,ZyG3 `ZS dell Yi LO s . R f 1-69 oi5 j, • - � ssr �sr TOWN OF NANTUCKET Z BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 025'4 m y N CJ y m � 3 m Date: January 11, 201�5 o r m cn t To: Parties in Interest and Others concerned with the $ecision of The BOARD OF APPEALS in the Application of the following: Application No: 072 -12 Owner /Applicant: Jason Tilroe as Owner; Melanie Hajjar as Applicant 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. fl S- 1� Cs 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 68, Parcel 46.6 135 Old South Road Residential Commercial - 2 DECISION• Certificate of Title No. 21,150 Land Court Plan 14342 -N 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, November 8, 2012, at 1:00 P.M., 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of JASON TILROE AS OWNER; MELANIE BAJJAR AS APPLICANT, of 25 Hinckley Lane, Nantucket, Massachusetts, 02554, File No. 072 -12: 2. Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 18.B.(2) (parking waivers) in order to waive four (4) parking spaces on the Locus. The Applicant will provide seven (7) spaces for the proposed preschool, but will be unable to provide the additional four (4) as required under the Bylaw. Also, to the extent necessary, the Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 20.C.(3) (off- street loading waivers) to load any required loading zone. The Locus is situated at 135 Old South Road, is shown on Nantucket Tax Assessor's Map 68 as Parcel 46.6, is shown on Land Court Plan No. 14342 -U, and title is registered as Certificate of Title No. 21,150 in the Nantucket County District of the Land Court. The site is zoned Residential Commercial - 2. 3. Our decision is based upon the accompanying materials, representations, and t at our public hearing. There was no recommendation on the basis that no matters of were presented. No letters were received in opposition to, the application. application and astimony received Planning Board planning concern favor of, or in 4. Melanie Hajjar represented herself at the hearing. Ms. Hajjar explained to the Board that she is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 1 18.B.(2) (parking waivers) in order to waive four (4) required parking spaces on the Locus. Ms. Hajjar explained that she is proposing to run a preschool on the Locus and she will be able to provide seven (7) spaces for the proposed use, but will be unable to provide the additional four (4) as required under the parking bylaw. The proposed preschool will have a capacity of twenty -one (21) people. Although the preschool will only have ten (10) students, the center will also be used as a drop -in art and science after - school location. Furthermore, it is the intention of Ms. Hajjar to use the Locus to host children's parties. The Board had questions about the number of students and guests that will be attending these programs and the proposed hours of operation. 5. Therefore, after a discussion with the Applicant, the Board finds that such Special Permit relief pursuant to Nantucket Zoning Bylaw Sections 139 - 18.8(2), in order to waive four (4) parking spaces would be in harmony with the general purposes and intent of the Bylaw and would be physically impossible to provide given the location of the Locus. 6. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board of Appeals made the finding that such Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 18.B.(2) in order to waive four (4) parking spaces on the Locus would be in harmony with the general purpose and intent of the Zoning Bylaw with the following conditions: a. That the parking shall be as shown on the plan labeled, "Parking Plan in Nantucket, Massachusetts," dated October 17, 2012; revised November 5, 2012, prepared by Emack Surveying, LLC, attached hereto as "Exhibit A "; b. That the hours of operation shall be from 8:00 am to 5:00 pm, Monday through Sunday; c. That there shall be no more than twelve (12) kids and adults on the premises; and, d. That building #2 on the attached "Exhibit A" shall require parking. 4 II �p�i Dated: 243 COMMONWEALTH OF MASSACHUSETTS AAY Nantucket, ss. 22M Sri On this — 604t of �, 20", 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 tha6she signed it voluntarily for its stated purpose. No blic:�� 684' My commission expures: IIn'ut, � + +II � N N 7 a aw " II 1f A. OLD SOUTH ROAD I � ,D. •r � b I I O b "4m LOT 42 I ° 11,668 ±SF o J \ 35, C u h al*ing -m l PaNtEq9 N CURRENT ZONING: RC -2 MINIMUM LOT SIZE: 5,000 SF MINIMUM FRONTAGE: 40 FT FRONTYARD SETBACK: 10 FT SIDE AND REAR SETBACK: 5 FT ALLOWABLE G.C.R.: 50% EXISTING G.C.R.: 16.7% ± FOR THE PURPOSES OF THIS PLOT PLAN, THE AREA UNDER THE 2ND STORY DECK @ STAIRWAY, WHICH IS ENCLOSED, HAS BEEN INCLUDED IN THE CALCULATION OF GROUND COVER. NOTE FOR THE PURPOSES OF THIS PLOT PLAN, THE CONDITIONS ON THE GROUND HAVE NOT BEEN UPDATED AND THIS PLAN REFLECTS CONDITIONS AT THE TIME OF THE AS -BUILT DATED 7/3/08. FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN RELIES ON CURRENT DEEDS AND PLANS OF RECORD, VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON. THIS PLAN IS NOT REPRESENTED TO BE A TITLE EXAMINATION OR A RECORDABLE SURVEY. a° 4� �W a 2� PARKING PLAN IN NANTUCKET, MASSACHUSETTS SCALE: 1 " =20' DATE: OCT 17, 2012 REVISED NOV. 5, 2012 DEED REFERENCE:LC CERT.# 21150 PLAN REFERENCE: LC PL 14342 -N ASSESSOR'S REFERENCE: MAP: 68 PARCEL: 46.6 PREPARED FOR: MELANIE HAJJAR EMACK SURVEYING, LLC 2 WASHAMAN AVENUE NANTUCKET, MA. 02554 (508) 325 -0940 J -913