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HomeMy WebLinkAbout076-12 15 North Water St/JohnsonTOWN OF NANTUCKET a w BOARD OF APPEALS m NANTUCKET, MASSACHUSETTS Q255! 6 rn .- f 3 v z Date: February 19, 2flt r� m N a 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 2 Dated: �An It , 2013 COMMONWEALTH OF MASSACHUSETTS r Nantucket, as. (1 2013 IIpp 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: My commission expires: jt (j(UIM