HomeMy WebLinkAbout076-12 15 North Water St/JohnsonTOWN OF NANTUCKET a w
BOARD OF APPEALS m
NANTUCKET, MASSACHUSETTS Q255! 6 rn
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Date: February 19, 2flt
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To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 076 -12
Owner /Applicant: SALLY R. JOHNSON, TRUSTEE OF THE
SALLY R. JOHNSON REVOCABLE TRUST AGREEMENT AS OWNER
DEBORAH ROSS 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 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 days.
d 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 Deeds Book 811, Page 140
50
15 North Water Street Limited Commercial
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Thursday, January 14, 2013, at 1:00 P.M., 4
Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following decision on the application of SALLY R. JOHNSON,
TRUSTEE OF THE SALLY R. JOHNSON REVOCABLE TRUST AGREEMENT AS
OWNER; DEBORAH ROSS AS APPLICANT, 15 North Water Street,
Nantucket, Massachusetts 02554, File No. 076 -12:
2. Applicant is requesting Special Permit relief pursuant
to Nantucket Zoning Bylaw Section 139- 33.A.(4) (alteration of
preexisting nonconforming structure) in order to alter the
preexisting nonconforming structure by changing the use from
residential to a Guest House and Section 139 -18(B) (parking by
Special Permit) to waive some of the required parking for the
Guest House use. The structure is sited approximately two (2)
feet from the side yard lot line in a zoning district that
requires a five (5) foot side and rear yard setback. A Guest
House is allowed by right in the Limited Commercial zoning
district. The Locus is situated at 15 North Water Street, is
shown on Nantucket Tax Assessor's Map 42.4.2 as Parcel 50, and
evidence of owner's title is recorded at the Nantucket County
Registry of Deeds in Book 811, Page 140. The site is zoned
Limited Commercial.
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. Deborah Ross represented herself at the hearing. Ms.
Ross explained that she is requesting Special Permit relief
pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(4)
(alteration of a preexisting nonconforming structure) in order
to alter the preexisting nonconforming structure by changing the
use from residential to a Guest House, which is an allowed use
by right in the Limited Commercial Zoning district.
The structure is sited approximately two (2) feet from the side
yard lot line in a zoning district that requires a five (5) foot
side and rear yard setback and therefore any change in use to
this structure requires approval from the Board of Appeals.
Ms. Ross explained that although there was no parking on the
Locus, there was adequate parking available on the adjacent lot.
This adjacent lot, Map 42.4.2, Parcel 51 is also owned by the
owner of the Locus. The parking on Map 42.4.2, Parcel 51 can
sufficiently accommodate the parking required under the Bylaw.
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 and 139- 18.B.(1) to
allow the change of use and to allow an off -site premises to
meet all of the required parking on the Locus would be in
harmony with the purpose and intent of the Zoning Bylaw.
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. and
139- 18.B.(1) to allow the Locus to revert to a Guest House use,
which is allowed by right in this district, and to allow Map
42.4.2, Parcel 51 to be used for the required off- street parking
on the Locus would be in harmony with the purpose and intent of
the Zoning Bylaw with the following condition:
a. That this Special Permit to allow Map 42.4.2, Parcel 51
to be used to meet the required parking of the Locus (Map
42.4.2, Parcel 50) shall be in effect so long as Map
42.4.2, Parcel 51 and Map 42.4.2, Parcel 50 are in common
ownership or have a recorded lease or easement allowing
the Locus to use Map 42.4.2, Parcel 51 for the purposes
of parking.
SIGNATURE PAGE TO FOLLOW
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Dated: �An It , 2013
COMMONWEALTH OF MASSACHUSETTS
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Nantucket, as. (1 2013
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On this � day of fAM 2013, before me, the undersigned Notary Public, personally appeared
TdIM A�r�rL , 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 that66he signed it
voluntarily for its stated purpose.
Notary P tc:
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