HomeMy WebLinkAbout072-12 135 Old South RoadTOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554 z
m m
C�
-I rT1
� T
Date: January 11, 2013 �.. o
r
m cn
To: Parties in Interest and Others concerned with the'becision of
The BOARD OF APPEALS in the Application of the following:
Application No: 072 -12
Owner /Applicant: Jason Tilroe as Owner;
Melanie Najjar 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.
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
L7PN769NPA
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 HAJJAR 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
=_stimony 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.B(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.
SIGNATURE PAGE TO FOLLOW
2
Dated:
10 ,�
iiey iiidyer
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss. 10 2"2
yn
On thisI u d� pf 29}4, before me, the undersigned Notary Public, personally appeared
}/ l.lr . 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 ublic: J, S&,j`
My commission expues: ��hILH
Q��
.,UL;f A-
120 TO OLD SOUTH ROAD
WAY
112.96•
(� ±II Is• I
N fl
6 1O
.ax w;n aw ��o LOT 42
11,668 ±SF
2 STO m. a'A (t
WOp1) FRY ® h)I_
BNt10 RAMP
20- A
35' ny°h
pgIld
o
r 2U•
y
/— — lng N B' z STORY
§ m
°' Q3 �z \ / a �°, WOOD FRA
ME
ILD
/ Q / ING r 3„
CURRENT ZONING: RC -2 1
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% ±
*NOTE
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 UNE DETERMINATION THIS PLOT PLAN
REUES 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.
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