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Home My WebLink About005-13 20 Straight WharfNANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 FEE: $300.00 CASE NO. )OJ�' %3 APPLICATION FOR RELIEF Owner's name(s):20 Straight Wharf LLC Mailing address: 745 Boylston Street Suite 404 Boston, Massachusetts 02116 Applicant's Mailing add Locus address:20 Straight Wharf Assessor's Map/Par�,bL• 4231/ m c4 Land Court Plan/Plan Book & Page/Plan File No.: L.C. Plan No. 10222 -B Lot Nak 1 -� rs Date lot acquired: June 5. 2012 Deed Ref✓Cert. of Title: Cert. 24276 Zoning District*-a F o Uses on Lot- Commercial: None_ Yes (describe) Restaurant n r u Residential: Number of dwellings_ Duplex_ Apartments 3 Ej;teugl Rooms Building Date(s): All pre -date 7172? or C of O(s) ?Yes Building Permit Nos: 13449 -96' 67 -01� and 397 -07 Previous Zoning Board Application Nos.: 073 -12 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 Addendum attached. I certify that the information contained herein is substantially complete and true to the best of my knowledge, under �e pains nd penalties of perjury. SIGNATURE: Applicant_ Attorney /Agent (If not owner o owner's atirlrneV. Dlease enclose proof of aeenev to bring this matter before the Board) 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 Addendum (20 Straight Wharf LLC, 20 Straight Wharf, Nantucket, Massachusetts) The Applicant seeks special permit under Nantucket Zoning By -law (the "By -law ") §139- 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) Reducing the 185 seat restaurant to 81 seats all on the first floor; (c) Converting the second floor to two (2) apartments having a total of four (4) bedrooms; (e) Renovating the existing three (3) bedroom apartment on the third floor; and (f) 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 §139 -18.B as to parking. The existing uses require thirty -one (31) parking spaces, while the proposed uses require twenty (20) 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 81 10 seats seats Apartments/ 0_.3 /bdrm 1 apts; 1 3 apts; 3 Bedrooms 3 bdrms 7 bdrms Employees 1 for each 3 20 7 20 7 on peak shift Total 31 20 To the extent necessary, the Applicant also seeks a special permit under 'By -law 5139 -20.0 as to off-street loading facilities. The Applicant further seeks minor site plan review pursuant to By -law 5139 -23. The property is located at 20 Straight. Wharf, is shown on Nantucket Tax Assessor's Map 92.3.1 as Parcel 86, is shown on Land Court Plan 10222 -B as Lot 1, and is located in the Commercial Downtown zoning district. E €i� fill d ?�! s •-iEa �igl e� 5 i e � 6 ' STILL (PRIVATE - ✓AR WIDTH) DOCK ° PIS vm: Mgr 13 a e 3R 3 . II � 3 I , gg r I LC..0 102 —£. WT 20 STRAIGHT (nl£LIC - VAR WIDTH) WHARF ORDER OF TAKING DOC. 11065. SPLAN FILE I -A Vl k yR1�1�F ?k9�3S 5 5 B� a 'id E� 111 11 i i 1 €• . '+ C440CI 4 CM rrrrrrrrrrr §�§ � � |k k � [ � ! ! � 0l- y%%%2% rf l 43 C-3 uoijonjisuoo JO) ION - MOIA98 JU9.110 JO:j Town of Nantucket ZONING BOARD OF APPEALS . RECEIVED BOARD OF ASSESSORS JAN 0 8 2013 TOWN OF NANTUCKET MA LIST OF PARTIES'IN INTEREST IN ME MATTER OF THE PETITION OF PROPERTY OWNER:. Q.... �*.O-t ht...KJ.1. MAILINO ADDRESS. .LI /�.. :^^.��:++7. J.. ..... ....J. �h!.,.�,,...�........'L...uN.Wi r' PROPERTY LOCATION... O...:,? l..�. . . :............. ASSESSORS MAPI FARCEL:., 9.R N ?A. /6G ..:...........I.......... . APPLICANT ..... A!Zt.X1 ....... ...... Ct.. ............:......,........... ' .. .. SEE ATTACHED PAGES I certify that the foregoing is a list of persons who are owners of abutting property, owners of land directly opposite on any public or private street or way, and abuttem of the abutters end all other land owners within 300 feet of the properiy line of owner's property, all as they appear on the most recent applicable tax list (M.G.L e. 40A, Section I I Zoning Code Chapter 1391. Section 139 -29D (2) - - ?ATE .:. .., .. ................ ASSESSOR'S OFFICE Town of Nantucket 8228 1226 4224 4231 6231 6231 6231 6231 6231 6251 6231 6231 .231 .211 .211 .231 .231 .211 6231 .231 62]1 6251 1231 6211 .251 .231 .231 1131 .331 .231 .231 31 .231 1231 .131 .231 .231 .231 .231 .231 .231 .251 .231 .231 11 9/201 ABBUTTERS LISTING NANTUCRSTI NA .1 U. Psso.v xoC.uon 21S9 eSMI09S v 858 n 02858 11 uN S NA 02859 82PTTWR R e M 11783 ] 618 1 M 02558 4 owNORTR R eC 2988] 6 WO NJRStl R NA 02136 B OlO 20016 10 WD RR n 02558 0 20008 3213 PL 33180 1 n 02459 1HI8 XNAi.SNe M 02839 RES ST n M.S. NA 0255. n 02554 1 03.0 SR o2ss. HA 02485 3 W.➢ M 01936 ] . 906'8 118 Ie) M..R 30 8 0255. M R.S n v.0 eSIIY Ctt2 Pl 3801] -1811 l.n BTIIS tt6 W 07901 3.3 BTII.L LtQ TR 75030 1. M— qAZ M 32082 vB R M MS M- M 02114-9507 2 10:F.0AM ST HK 02111 -950] . iSR 8 n 02111-950] 9 eSlAl 2 M 02459 1 MR—SST SS M 02459 1 IA 0235. I 8 n 02556 - w BTReI0x2 R M 02554 S 9 MM n 02554 30 88'S 0255. IS w MIM M 02.Sv n 02334-9503 3 HA 02554 23 MA NO R n 02114-9507 STRMMT W SR 02114-9503 9 eSL6l. ST WA 02534 12 O30 M OtsS. 14 OL11 NDR1'x R Page NIR PESA]L LLC C/O q LLB AM 2 RETAIL C/O t2 MR ST-S 14 0NN u N]N excLRNn nevewenxx iu s6 n5 cReM " ve eo3 1182 vC 2605 8 20 .N W! a .., 118ALM TR 166 BV.Wtl S 11 23 05 ]B e 26 me TRUST W. 41 M. MMM RM 26 NIAx 3.30 T9ACZ 2] SS 2B S 269 AVE N ]6 RE.L NEW ENMAM MVL CMMT 36 tlZR wRSAIL ISC ]9 .300i P SP 2TNN CPPie RGLTL TPDeT pfi CDLBCVmy CT ]9 a 16 HNMO a BO 6061 B1 1 fiv 2 06 CB88AMf 03 SHAT PeS EST 2.RNC 09 3SA M [/O MR0.9nG1 SPACI C 163 [61ux CeneMl AVe e 06 1 OMI9e —1 IT 06 2 STS, 1196 06 3 mxCY LCATI9R 612 tl 0. 6 235 OAK MDM ARE .1 e. s 5000 eL6x0 RRSMST c.APoLLTw M 1 RLL 909M O 6 ERRS N 109 ' ML MST CWnT 91 e wix C/o r IAMOAmxi LP TO BOX 9507 M 9rs35 S MaT9IIC¢x xw �9T C/L n1NSMLe .— Le SO EM 9507 ROT. pp eCgnOZ AICBAM 2 6SA1 SPdTe MMMMST Po . 950] B3MM 136 RETUL LLC v9 MR RETML = MR LNC nLVEwT -- 13fi SAM A .1 150 2 SRST S. e a APAPe MI 3 NORIx N6RCIR P i P O eOe 959 1]l .3B CAL MRS Po WS 1016 v9 ve u6av 1.0 MR RETAIL 0. 141 NL.TR➢R MRSSMS 2' YLe py 950] 225 xM III[ V. S6NMM A xAL SRe ] BY Iei 329 C/0 mlSMbe nMMMM xx 339 816PBOPN6 A9 V. M.0. MMWM -- LP TMMAM ST .1 253 OIL NORTtl NMAP CWPLMTM INC C/O S.W60M co-RM =ST 1]N HG® eT xANTOW1 8:24:12. .1 U. Psso.v xoC.uon 21S9 eSMI09S v 858 n 02858 11 uN S NA 02859 82PTTWR R e M 11783 ] 618 1 M 02558 4 owNORTR R eC 2988] 6 WO NJRStl R NA 02136 B OlO 20016 10 WD RR n 02558 0 20008 3213 PL 33180 1 n 02459 1HI8 XNAi.SNe M 02839 RES ST n M.S. NA 0255. n 02554 1 03.0 SR o2ss. HA 02485 3 W.➢ M 01936 ] . 906'8 118 Ie) M..R 30 8 0255. M R.S n v.0 eSIIY Ctt2 Pl 3801] -1811 l.n BTIIS tt6 W 07901 3.3 BTII.L LtQ TR 75030 1. M— qAZ M 32082 vB R M MS M- M 02114-9507 2 10:F.0AM ST HK 02111 -950] . iSR 8 n 02111-950] 9 eSlAl 2 M 02459 1 MR—SST SS M 02459 1 IA 0235. I 8 n 02556 - w BTReI0x2 R M 02554 S 9 MM n 02554 30 88'S 0255. IS w MIM M 02.Sv n 02334-9503 3 HA 02554 23 MA NO R n 02114-9507 STRMMT W SR 02114-9503 9 eSL6l. ST WA 02534 12 O30 M OtsS. 14 OL11 NDR1'x R Page ABBUTTERS LISTING NANTUCKET. NA 6231 253 Iivi Ipt C/O OW[f C .)W V.9 0A S T N, MMRPI.S O6R8 G 86301 16 . LOa2A 6T 623v 336 W. I81CIm . IAw 380 0.srt TV W 10021 18 011t 6231 Sss IVZ IYC 40 1LRf PAw!¢ . 02566 20 oxa w 6233 2s6 C/O (p36 .... C eOR. 333 S.SAId scw 1 CCNC . 11IN. . . 6231 233 INC C/O Imp ISC I2 BS ]J19 CT 06831 26 = 6231 288 OM NCRTH COOe INC C/O lmp T20 650 XONN CN CI p6831 26 . NCNC� NF 6231 ls9 C/O C2WVSZ CILWiB A Ixx 321 8 ST VA 23136 28 OIJ1 6231 261 OLO NONTX xtlxNe coOVeNwxxvX INC C/O pISW lYC 11 PR ST eAN PSp Xsm Q 96331 23 OSD ... — 1/ 9/201 8:29:12. Paoe 2 TOWN OF NANTUCKET RECEIVED BOARD OF APPEALS PPR 25 PM 10 09 NANTUCKET, MASSACHUSETTS/WS54ET TOWN CLERK Date: April 17 2013 To: Parties in Interest and others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No 005 -13 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 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 5. 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 86 Certificate of Title No. 24,276 20 Straight Wharf L.C. Plan 10222 -B, Lot 1 Commercial Downtown DECISION: 1. At apublic 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 20 STRAIGHT WHARF, LLC, c/o Sarah F. Alger, P.C., 2 South Water Street, Nantucket, Massachusetts, 02554, File No. 005 -13: 2. 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 and extend the preexisting nonconforming structure by adding a second story addition; reducing the 185 seat restaurant to 81 seats all on the first floor; 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 Applicant is also requesting Special Permit relief pursuant to Section 139- 18.B.(2) in order to waive the required twenty (20) parking spaces. 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 20 Straight Wharf, Assessor's Map 42.3.1, 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 in the Nantucket County Registry District of the Land Court. 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 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 Section 139- 33.A.(4) and (5) (alteration and extension of preexisting nonconforming structures and uses) in order to alter and extend the preexisting nonconforming structure on the Locus. The current use of the Locus is nonconforming as to parking and loading zones because none are provided. The structure is also nonconforming as to rear yard setback. The lot is undersized for the CDT zoning district, having only 3,096 square feet in a zoning district that requires 3,750 square feet is required. The Applicant proposes to add a second story addition; reduce the 185 seat restaurant to 81 seats, all on the first floor; convert the 2nd floor to two (2) apartments having a total of four (4) bedrooms; renovate the existing three - bedroom apartment on the 3`d floor; and eliminate the stairs that encroach onto the sidewalk along Straight Wharf. The Applicant is also requesting Special Permit relief pursuant to Section 139- 18.B.(2) in order to waive the required twenty (20) parking spaces. The existing uses require 31 parking spaces and none are provided or proposed on the Locus. 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, the Applicant has stated that they will make every effort to use these spaces for the residential use on the Locus. 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. 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; 2 reduce the 185 seat restaurant to floor; convert the 2nd floor to two of four (4) bedrooms; renovate apartment on the 3`d floor; and encroach onto the sidewalk along harmony with the general purposes would not be substantially more de than the existing nonconformity. 81 seats, all on the first (2) apartments having a total the existing three - bedroom eliminate the stairs that Straight Wharf would be in and intent of the Bylaw and trimental to the neighborhood 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 stor addition; reduce the 185 seat restaurant to 81 seats, all I on the first floor; convert the 2nd floor to two (2) apartments having a total of four (4) bedrooms; renovate the existing three - bedroom apartment on the 3`d floor; and eliminate the stairs that encroach onto 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. 59,064, as may be amended from time to time; 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: ftp{'I) M ,2013 Michael Angelastro OI• M k Poor COMMONWEALTH OF MASSACHUSETTS Nantucket, as. f i iil 2013 this % day of pJ I,� 2013, before me, the undersigned Notary Public, personally appeared SL g L/-i iYIl who is personally known tome, and who is the person whose n name is signed on the preceding or attached document, and who acknowledged to me that he/she signed it voluntarily for its stated purpose. Not Public: My commission ezp'nes: LYN D, NB Notary Pu Publk blic 8 p* N�l1IY 1/J! L Cemmon o xeahwdrs Nay Commi xien Expire December 28, 2018