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HomeMy WebLinkAbout073-12 20 South Water StreetNANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 FEE: $300.00 CASE NO. APPLICATION FOR RELIEF Owner's name(s): 20 Straight Wharf LLC Mailing address: c/o Sarah F. Alger, P.C., 2 South Water Street, Nantucket, Massachusetts 02554 Applicant's name(s): Mailing address: Same as above Locus address: 20 Straight Wharf, Nantucket, Massachusetts Assessor's Map/Parcel: 42.3.1/86 Land Court Plan/Plan Book & Page/Plan File No.: Lot 1, L.C. Plan 10222 -B Date lot acquired: 09/25/03 Deed Ref./Cert. of Title: Zoning District: R_C Uses on Lot – Commercial: None X Yes (describe) Restaurant Residential: Number of dwellings Building Date(s): All pre -date 7/72? or_ Building Permit Nos: 13449 -96; 67 -01; and 397 -07 Previous Zoning Board Application Nos.: Duplex_ Apartments 1 Rental Rooms_ of O(s)? Yes State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of the Zoning By -law, and supporting details, grounds for grant of relief, listing any existing nonconformities: See attached Addendum. I certify that the information contained herein is sub'. knowledge, under thg pains and pfpalties of perjury. not owner or z o z ^� H 7 C C7 n M M m ~ N m o T rn F 3 m o r m .r w true to the best of my Applicant_ Attorney /Agent X to bring this matter before the Boan 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: / / DECISION APPEALED?:—/—/— SUPERIOR COURT: LAND COURT Form 4/03/03 r_rrr_ .= (20 Straight Wharf LLC, 20 Straight Wharf, Nantucket, Massachusetts) The Applicant seeks a special permit under Nantucket Zoning By -law (the "By- law ") 5139- 33.A.(4) & (5) to alter and extend the pre- existing, nonconforming uses and structures on the locus by: (a) Adding a second story addition; (b) Eliminating the 185 seat restaurant; (c) Converting the first floor of about 2,059 square feet to two (2) retail stores; (d) Converting the second floor to three (3) apartments having a total of four (4) bedrooms; (f) Renovating the existing three (3) bedroom apartment on the third floor; and (g) Eliminating the stairs that encroach on to the sidewalk along Straight Wharf, The current use of one (3) three - bedroom conforming parking and structure on the locus i locus is nonconforming 3,096 square feet, where the locus as a 185 seat restaurant and apartment is nonconforming since no no loading zone is provided. The s nonconforming as to rear setback. The as to lot area, having area of about 3,750 square feet are required. The Applicant also seeks a special permit under By -law 5139 -18.B as to parking. The existing uses require thirty -one (31) parking spaces, while the proposed uses require fourteen (14) to sixteen (16) parking spaces. No conforming parking spaces are provided on the locus. The parking calculation is as follows: Use Requirement Existing Required Proposed Required as as Existing Proposed Restaurant 1 for each 8 185 23 0 0 seats seats Retail 1 for each 0 0 2,059 10 200 s.f. of s.f. gross floor area Apartments/ 0.3 /bdrm 1 apts; 1 4 apts; 2 -4 Bedrooms 3 bdrms 7 bdrms Employees 1 for each 3 20 7 6 2 on peak shift Total 31 14 -16 To the extent necessary, the Applicant also seeks a special permit under By -law §139 -20.0 as to off - street loading facilities. The Applicant further seeks minor site plan review pursuant to By -law §139 -23. The property is located at 20 Straight Wharf, is shown on Nantucket Tax Assessor's Map 42.3.1 as Parcel 86, is shown on Land Court Plan 10222 -B as Lot 1, and is located in the Residential Commercial zoning district. RECENED BOARD OF ASSESSORS Town of Nantucket AUG 0 8 2012 ZONING BOARD OF APPEALS TOWN OF NANTUCKET, MA V! . LIST OF PARTIES IN INTERESTIN THE MATTER OF THE PETITION OF PROPERTY 0 ER:..�o stralgnt wharf MAILINO ADDRESS ...c /o Sarah P. ALQerr 'P. C., Z South Water Street, V," M * " b 2 5 54 PROPERTY LOCATION.., zo stralyht Wharf ASSESSORS MAP/PARCEL:..:.4?..3.1: 86 ............. ............................... APPLICANT... spa, aa. abP° P .:.......... .............................:. SEE ATTACHED PAGES I Certify that the foregoing is a list of persons who aro owners of abutting property, owners of land directly opposite on any public or private street or way, and abuttow of the abutters and all otlwor land owners within 300 feet of the properly ll io of owner's property, all as they appear on the most recent applicable tax list (M.O.L o. 40A. Section 11 Zoning Code Chapter 1391 Section 139.29D (2) . DATE ' ASSESSOR'S OFFICE Town of Nantucket c I F FFFpFFCFF ktkk ���� FkFFFkk F kk $ 444k4k4848® C444444444E4S :Cd$44444$$$444444444 SSSium��k�g��g�gSt� m48 =�a nn F z ��66�a.z�mar�n gds :e.ms:ss:n�'saase�enees�6sassa� N F g : � C oD 4 99. 9gg.g J.gp�p p�pp�p 4x °1B �Pp RryR °C °. FG GF �n.n...nn ......... .... ... ............ ::::n ...... 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N _ � D v � a a m 0 0 q RECEIVED TOWN OF NANTUCKET 3 R ?R REC C Ail 10 09 BOARD OF APPEAL NANTUCKET, MASSACHUSETTS) 841ET TOWN CLERK Data: April 17 1 2013 To: Parties in Interest and others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 073 -12 Owner /Applicant: 20 STRAIGHT WHARF, 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 90A, 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. 11�M WX41CL ltb� Edward S. Toole, Chairman t4ev 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 42.3.1; Parcel 86 Certificate of Title No. 24,276 20 Straight Wharf L.C. Plan 10222 -B, Lot 1 Commercial Downtown DECISION: 1. At a public hearing of the Appeals, on Thursday, December 13, Fairgrounds Road, Nantucket, Massacht following decision on the application c/o Sarah F. Alger, P.C., 2 South Massachusetts, 02554, File No. 073 -12: Nantucket Zoning Board of 2012, at 1:00 P.M., 4 setts, the Board made the of 20 STRAIGHT WHARF, LLC, Water Street, Nantucket, 2. The Applicant seeks a special permit under Nantucket Zoning By -law Sections 139- 33.A.(4) and (5) (alteration of preexisting nonconforming structures) to alter and extend the preexisting, nonconforming uses and structures on the locus by adding a second story addition; eliminating the 185 seat restaurant; converting the first floor of about 2,059 square feet to two (2) retail stores; converting the second floor to two (2) apartments having a total of four (4) bedrooms; renovating the existing three (3) bedroom apartment on the third floor; and eliminating the stairs that encroach on to the sidewalk along Straight Wharf. The current use of the Locus as a 185 seat restaurant and one (3) three - bedroom apartment is nonconforming since no conforming parking and no loading zone are provided. The structure on the locus is nonconforming as to rear setback. The locus is nonconforming as to lot area, having area of about 3,096 square feet, where 3,750 square feet are required. The Applicant also seeks a special permit under By- law Section 139 -18.B as to parking. The existing uses require thirty -one (31) parking spaces, while the proposed uses require fifteen (15) parking spaces. No conforming parking spaces are provided on the locus. To the extent necessary, the Applicant also seeks a special permit under By -law Section 139 -20.0 as to off - street loading facilities. The Applicant further seeks minor site plan review pursuant to By -law Section 139 -23. The Locus is located at 20 Straight Wharf, is shown on Nantucket Tax Assessor's Map 42.3.1 as Parcel 86, is shown on Land Court Plan 10222 -B as Lot 1, and evidence of owner's title is registered as Certificate of Title No. 24,276 at the Nantucket County Registry District of the Land Court. The property is zoned Commercial Downtown. 3. Our decision is based upon the application and accompanying materials, 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 favor of, or in opposition to, the application. 4. Attorney Sarah Alger represented the Applicant the hearing. Attorney Alger explained to the Board that the Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Sections 139- 33.A.(4) and (5) (alteration of preexisting nonconforming structures) in order to alter the preexisting nonconforming uses and structures on the Locus without increasing the nonconforming nature of the Locus or structure thereon. The Applicant intends to add a second story addition, eliminate the 185 seat restaurant, convert the first floor (approximately 2,059 square feet) to two (2) retail stores, convert the second floor to two (2) apartments with a total of four (4) bedrooms, renovate the existing three - bedroom apartment on the third floor, and eliminate the stairs that encroach on to the sidewalk along Straight Wharf. The Locus is presently nonconforming as to parking and loading zones as none are provided on site. The structure on the Locus is also nonconforming as to rear yard setback and as to lot area. The Applicant also seeks a special permit under By -law Section 139 -18.B as to parking. The existing uses require thirty -one (31) parking spaces, while the proposed uses require fifteen (15) parking spaces. No conforming parking spaces are provided on the locus. To the extent necessary, the Applicant also seeks a special permit under By -law Section 139 -20.0 as to off - street loading facilities. The Applicant further seeks minor site plan review pursuant to By -law Section 139 -23. The Board asked the Applicant about dedicating the two on- street parking spaces to the residential use, but the spaces are nonconforming and difficult to police and the Applicant was unable to count them towards the parking waiver. Nonetheless, 2 the Applicant has stated that they will make every effort to use these spaces for the residential use on the Locus. 5. Therefore, after a discussion with the Applicant, the Board finds that such Special Permit relief pursuant to Nantucket Zoning Bylaw Sections 139- 33.A(4) and (5), 139 -18.B, 139 -20.C, and 139 -23 in order to add a second story addition, eliminate the 185 seat restaurant, convert the first floor (approximately 2,059 square feet) to two (2) retail stores, convert the second floor to two (2) apartments with a total of four (4) bedrooms, renovate the existing three - bedroom apartment on the third floor, and eliminate the stairs that encroach on to the sidewalk along Straight Wharf would be in harmony with the general purposes and intent of the Bylaw and would not be substantially more detrimental to the neighborhood than the existing nonconformity. 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 Sections 139- 33.A(4) and (5), 139 -18.B, 139 -20.C, and 139 -23 in order to add a second story addition, eliminate the 185 seat restaurant, convert the first floor (approximately 2,059 square feet) to two (2) retail stores, convert the second floor to two (2) apartments with a total of four (4) bedrooms, renovate the existing three - bedroom apartment on the third floor, and eliminate the stairs that encroach on to the sidewalk along Straight Wharf would not be substantially more detrimental to the neighborhood than the existing nonconformity and would be in harmony with the purpose and intent of the Zoning Bylaw with the following conditions: a. That all work shall be done in substantial compliance with Historic District Commission Certificate of Appropriateness No. 59064, as may be amended from time to time; and, b. That there shall be no exterior construction between Memorial Day and Labor Day of any year. 7. In a separate motion, by a UNANIMOUS vote of the sitting Board, the Board of Appeals granted minor site plan review pursuant to Nantucket Zoning Bylaw Section 139 -23. SIGNATURE PAGE TO FOLLOW Dated: ft'(iI Zq ,2012 Lisa Botticelli COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. AffL( A 2013 On this .day of 2013, before me, the undersigned Notary Public, personally appeared %i Sw FSo -i1-i Gt L 1 % 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/she signed it voluntarily for its stated purpose. otary Public: My commission exp%: LYNELL D. VOLLANS Notary Public Cemmenwealth of Massachusetts W My Commission Expires December 28, 2018