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Home My WebLink About004-13 35 Main StreetTOWN OF NANTUCKET BOARD OF APPEALS Z o T NANTUCKET, MA 02554 m m L rrn APPLICATION Z n N r m N o Fee: $300.00 File No. Owner's name(s): Hingham Institution for Savings Mailing address: 55 Main Street, Hingham, MA 02043 Phone Number: 781- 749 -2200 E -Mail: Richard @gliddenandghdden.com Applicant's mrne(s): same Mailing Address: Phone Number: E -Mail: Locus Address: 35 Main Street Assessor's Map /Parcel: 4231- 210 Land Court Plan /Plan Book & Page /Plan File No.: No Plan Deed Reference /Certificate of Tide: Book 1360, Page 308 Zoning District: CDT Uses on Lot- Commercial: None: Yes (describe) Retail/office /storage Residential: Number of dwellings: 0 Duplex _ Apartments Date of Structure(s): all pre -date 7/72: yes Building Permit Numbers: 2009 — 166;10848 — 94;1374 - 07 Previous Zoning Board Application Numbers: 008-09 State below or attach a separate addendutn of specific special permits or variance relief applying for: SEE EXHIBIT A 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: Owner* SIGNATURE: P, 1 v Applicant /Attomey /Agent* *If an Attorney or other 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 Treasuru:J_/_ 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Town Clerk:_ /_ /_ Mailed:_ /_ /_ I &M_/_ /_ &_/_/_ Hearing(s) held on:_ /_ /_ Opened on :_ /_/_ Continued to:_ /_ /_ Withdrawn:_ /_ /_ Decision Due By:_ /_ /_ Made:_ /_ /_ Filed w /Town Clerk:_ /_/_ Mailed:_ /_ /_ EXHIBIT A Applicants request a Special Permit pursuant to Nantucket Zoning By -Law Section 139 33 A (4) (alternation of a pre- existing non - conforming structure in use) to allow change of use from retail to office for a portion of the first floor, to allow change of use from storage to residential on the second floor and change of use from storage to office use on the third floor. Further the applicants request a Special Permit pursuant to Nantucket Zoning By -Law Section 139 -18 B (2) (parking waiver) to waive all required off - street parking spaces and a Special Permit pursuant to Nantucket Zoning By -Law Section 139 -20 (c) (off- street loading zone), to waive the off - street loading zone. Applicant purchased locus in December of 2012. Applicant would like to change the use of the building as follows: Basement — storage and sitting room for employees First Floor— Bank and bank offices Second Floor - I bedroom apartment Iliit or = kTi1Zu The previous owner obtained Board of Appeals relief in 2009 (file No. 008 -09). In that decision the board allowed a conversion from office to retail together with a parking waiver and off - street loading zone waiver on the condition "that only retail or office uses, and storage ancillary to said uses shall be conducted upon the locus, unless further relief is granted by this board ". 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MN m IuI... m.. u � � d b Pv s �Y i3 h- p �F se�oi8 S' 4 NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor' sjj§M1:3. 1, Parcel 21S Book 317, Page 148 35 Main Street CDT- Commercial Down Town DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, March 12, 2009, at 1:00 P.M., in the Conference Room, at 2 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of ALBERT E. MINUCCI and JUDITH A. MIHUCCI, c/o Reads, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 008 -09: 2. Applicants request a Special Permit pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(4) (alteration of pre- existing, nonconforming structure or use) to allow a change of use from office to retail for a portion of the first floor and the second floor of the pre - existing, nonconforming commercial building. Further, the Applicants regueffe° a Special Permit pursuant to Nantucket Zoning Bylaw Section 139- 18B(2) (parking waiver) jp,.VAi,Re all required off - street parR21g' spaces and a SQgQjg peXMjL_.oursuant to Nantucket Zoning Bylaw Section 139 - 20.0 (of£- street loading zone) to waive the off- street loading The Locus is located at 35 Main Street, is shown on Nantucket � Tax Assessor'a -Map 42.3.1 as Parcel: :..(the "Locus ") , and the current deed is recorded at the Nantucket County Registry of Deeds in Book 317, Page 148. The site is zoned Commercial Downtown. 3. our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. The Planning Board had no comment on the application. There was no opposition presented at the public hearing. Bk: 01178 Pg: 8 4. There currently exists upon the Locus, a pre- existing, nonconforming brick building, with a retail jewelry shop on the easterly side of the first floor, and a real estate office on the westerly Bide of the first floor, and the second floor. There is limited storage space ancillary . to the existing commerci&N�ses _.ig,,.,tbe._unfnished Cellar and the attic of the building.. This building is situated among a row of similar historic commercial brick structures along Main Street, most of which are situated on lots which do not meet lot area or frontage requirements, do not provide parking spaces or loading zones, and have buildings upon them which share party walls, do not meet required rear or aide yard setbacks, and exceed allowable ground cover, Applicant's current office tenant is vacating the premises, and Applicant convert the ex stang office areas to retail -use., in order to accommodate a new tenant. A retail use requires that additional parking be made available for employees, and an off - Btreet loading zone be provided. It is physically impossible for the Applicant to provide parking spaces or an off - street loading zone upon the Locus. The Board notes that because of the historic nature of the downtown area, the majority of commercial uses on Main Street are located within pre - existing, nonconforming structures, and that changing the office use to a retail use within this nonconforming structure would have no detrimental effect upon the area. The Board further notes that there is public parking available on Main Street, and that there are designated loading zones available for use by merchants on Main Street, and in addition, there is appurtenant to the Locus right to use a non - public lane located immediately to the rear of the Locus. 5. The Board finds that the proposed retail use in the nonconforming structure will not be substantially more detrimental to the neighborhood than the existing office use, that it is physically impossible for the applicant to provide any parking spaces or an off - street loading zone upon the Locus, and that the granting of parking and off - street loading zone special permit relief would be in harmony with the general purpose and intent of the by -law, and would not be contrary to sound traffic, parking or safety considerations. By a UNANIMOUS (4 -0) vote, the Board votes to grant the relief requested. 6. The foregoing relief is granted upon the condition that only retail or office uses, and storage ancillary to said uses, shall be conducted upon the Locus, unless further relief is granted by this Board. Signature page follows. Dated: March Lr 2009 Bk: 01178 PD: 4 COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. I� March � 2009 �On this � day of 144 2009, before me, the undersigned to Notary , Public, personally appeared $.ry who is personalty (mown to me, and who is the person whose name is signed im the p=cding or attached Baum iu, mid who acknowledged to me that he/she signed it voluntarily for its stated purpose. Note Public: W My commission expires: 11 �� I CERTIFY THAT 30 DAYS HAVE ELAPSED AFTER a r•' • o �,. THE DECISION WAS FILED IN THE OFFICE OF THE Oil s TOWN CLERK AND THAT NO APPEAL HAS BEEN - FILED RSLANTTO GENERAL LAWS IOA. SECTION II °gyp •� • TOWN CLERK R ; APR 0 3 20M �� $ . . .; . ka . •. 5,. _ , !a }��z� ` \ � ` • \ m.■ � • . * ssoo Town of Nantucket Zoning Board of Appeals RECEIVED BOARD OF ASSESSORS JAN 11 2013 TOWN OF NANTUCKET. MA LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: e- aRV.ra M.�4CC \ PROPERTY OWNER ....... g .....i...... .......� ... .... .S ...�.... ......... vwc+� MAILING ADDRESS.......!::: x'3:9.`?..... S.nc« t- t}.wlt'. ............. ............. PROPERTY LOCATION.............. y......... M hW S� ^c .................................. . ............................... ASSESSOR MAP/PARCEL..6 4 �' ' � t �.11J SUBMITTED BY ............... .................. ............................... 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). /f ;013 D ASSESSOR'S OFFICE TOWN OF NANTUCKET HUN I °��BB��mo�uos$a$a$ps8neg�a 6 e gH H Y H z 4 °��BB��mo�uos$a$a$ps8neg�a 6 e gH H Y H z i@ fl°y'd o,I•�i,E 00 1 mR H N H N H z oe a° a" aeaR�g��' as °�� ^Ra"$99�ppp54P�aa "��gR ":eaWaa� <a � A A 66. 62 A 6865 a 65 A 3 @6336356565533656586363663638 a�s Res a�aa�tl�saa e�pNTU a L �9 " ? RECEIVED " TOWN OF NANTUC"TEB 25 I'll 1 21 BOARD OF APPEA, "GET TOWN CLERK NANTUCKET, MASSACHUSETTS 02554 Date: February 25, 2013 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 004 -13 Owner /Applicant: HINGHAM INSTITUTION FOR SAVINGS 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. &_I, 50 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 42.3.1, Parcel Deeds Book 1360, Page 308 210 35 Main Street Commercial Downtown DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, February 14, 2013, at 1:00 P.M., 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of HINGHAM INSTITUTION FOR SAVINGS, c/o Glidden & Glidden, P.C., 37 Centre Street, PO. Box 1079, Nantucket, Massachusetts 02554, File No. 004 -13: 2. Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(4) (change in use to a preexisting nonconforming structure) in order to change the use from retail to office for a portion of the first floor, to change the use from storage to residential on the second floor, and to change the use from storage to office on the third floor. Further, the applicants request relief pursuant to Section 139 - 18(B).2 (parking by Special Permit) to waive all of the required parking from this change in use. Further, to the extent necessary, the Applicant is requesting Special Permit relief pursuant to Section 139- 20.(c) (off- street loading zone) to waive the requirement of an off - street loading zone. The Applicant also requests minor site plan review pursuant Section 139 -23. The Locus is situated at 35 Main Street, Assessor's Map 42.3.1, Parcel 210, and evidence of owner's title is recorded at the Nantucket County Registry of Deeds in Book 1360, Page 308. The site 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 of favor of, or in opposition to, the requested relief. 4. Attorney Richard Glidden represented the Applicant at the hearing. Attorney Glidden explained to the Board that the Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(4) (change of use to a preexisting nonconforming structure) in order to change the use from retail to office for a portion of the first floor, to change the use from storage to residential on the second floor, and to leave the third floor as storage space. In Zoning Board of Appeals Decision No. 008 -09, the then Applicant requested that all required parking be waived in addition to requesting relief for the change in use. To the extent now necessary, the Applicant is also requesting to waive all the required parking and the Loading Zone requirement. The Applicant calculated that eleven (11) spaces would need to be waived based upon the following calculations: 11 parking - spaces (Office square footage = 2,117, 1 space per 200 square feet = 10 spaces; one - bedroom apartment, 0.3 spaces per bedroom 1 space. Total required parking = 11 spaces. 5. Therefore, after a discussion with the agent for the Applicant, the Board finds that such a Special Permit for relief sought by the Applicant pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(4) in order to make whatever interior alterations are necessary to change the use from retail to office for a portion of the first floor, to change the use from storage to residential on the second floor, and to leave the third floor as storage space would not be substantially more detrimental to the neighborhood because said uses are allowed by right. Additionally, the Board finds that a waiver of eleven (11) parking spaces would be in harmony with the general purpose and intent of the Zoning Bylaw because it would be physically impossible for the Applicant to provide said spaces in the downtown. The Board also finds that a loading zone is not necessary for this type of commercial use. 6. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board of Appeals grants a Special Permit for the relief sought by the Applicant pursuant to Nantucket Zoning Bylaw Sections 139- 33.A.(4) and 139- 18.B.(2) in order to change the use of the preexisting nonconforming structure from retail to office for a portion of the first floor, from storage to residential on the second floor, to leave the third floor space as storage, and to waive eleven (11) parking spaces would not be substantially more detrimental to the neighborhood than the 2 existing nonconformity and would be in harmony with the general purpose and intent of the Bylaw. SIGNATURE PAGE TO FOLLOW Dated: r' WI lM1 4' ,2013 Michael J. O' ra Mar Poor M chael Angelast COMMONWEALTH OF MASSACHUSETTS r IN• Nantucket, as. 2013 n On this a � a 4f — 2013, before me, the undersigned Notary Public, personally appeared ,.(. , who is personally known to me, and who is the person whose time is signed on the preceding or attached document, and who acknowledged to me that /she signed it voluntarily for its stated purpose. No w: My commission expires: TV04