HomeMy WebLinkAbout073-12 20 Straight WharfD
EIVE
TOWN OF NANTUCKET RECEIVED
3 AN 25 VE 10 09
BOARD OF APPEAL
NANTUCKET, MASSACHUSETTS �$KET TIWI 11ERK
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.: 073 -12
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 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 (20) days.
G4 WXIII(L )n-6
Edward S. Toole, Chairman ie v
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 a public hearing of the
Appeals, on Thursday, December 13,
Fairgrounds Road, Nantucket, Massachl
following decision on the application
c/o Sarah F. Alger, P.C., 2 South
Massachusetts, 02554, File No. 073 -12:
Nantucket Zoning Board of
2012, at 1:00 P.M., 4
setts, the Board made the
of 20 STRAIGHT WHARF, LLC,
Water Street, Nantucket,
2. The Applicant seeks a special permit under Nantucket
Zoning By -law Sections 139- 33.A.(4) and (5) (alteration of
preexisting nonconforming structures) to alter and extend the
preexisting, nonconforming uses and structures on the locus by
adding a second story addition; eliminating the 185 seat
restaurant; converting the first floor of about 2,059 square
feet to two (2) retail stores; 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 current use of the Locus as
a 185 seat restaurant and one (3) three - bedroom apartment is
nonconforming since no conforming parking and no loading zone
are provided. The structure on the locus is nonconforming as to
rear setback. The locus is nonconforming as to lot area, having
area of about 3,096 square feet, where 3,750 square feet are
required. The Applicant also seeks a special permit under By-
law Section 139 -18.B as to parking. The existing uses require
thirty -one (31) parking spaces, while the proposed uses require
fifteen (15) parking spaces. No conforming parking spaces are
provided on the locus. To the extent necessary, the Applicant
also seeks a special permit under By -law Section 139 -20.0 as to
off - street loading facilities. The Applicant further seeks
minor site plan review pursuant to By -law Section 139 -23. The
Locus is located at 20 Straight Wharf, is shown on Nantucket Tax
Assessor's Map 42.3.1 as 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 at the Nantucket County Registry
District of the Land Court. The property 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 Sections 139- 33.A.(4) and (5) (alteration
of preexisting nonconforming structures) in order to alter the
preexisting nonconforming uses and structures on the Locus
without increasing the nonconforming nature of the Locus or
structure thereon.
The Applicant intends to add a second story addition, eliminate
the 185 seat restaurant, convert the first floor (approximately
2,059 square feet) to two (2) retail stores, convert the second
floor to two (2) apartments with a total of four (4) bedrooms,
renovate the existing three - bedroom apartment on the third
floor, and eliminate the stairs that encroach on to the sidewalk
along Straight Wharf.
The Locus is presently nonconforming as to parking and loading
zones as none are provided on site. The structure on the Locus
is also nonconforming as to rear yard setback and as to lot
area.
The Applicant also seeks a special permit under By -law Section
139 -18.B as to parking. The existing uses require thirty -one
(31) parking spaces, while the proposed uses require fifteen
(15) parking spaces. No conforming parking spaces are provided
on the locus. To the extent necessary, the Applicant also seeks
a special permit under By -law Section 139 -20.0 as to off- street
loading facilities. The Applicant further seeks minor site plan
review pursuant to By -law Section 139 -23.
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,
2
the Applicant has stated that they will make every effort to use
these spaces for the residential use on the Locus.
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(9) and (5), 139 -18.B,
139 -20.C, and 139 -23 in order to add a second story addition,
eliminate the 185 seat restaurant, convert the first floor
(approximately 2,059 square feet) to two (2) retail stores,
convert the second floor to two (2) apartments with a total of
four (9) bedrooms, renovate the existing three - bedroom apartment
on the third floor, and eliminate the stairs that encroach on to
the sidewalk along Straight Wharf would be in harmony with the
general purposes and intent of the Bylaw and would not be
substantially more detrimental to the neighborhood than the
existing nonconformity.
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(9)
and (5), 139 -18.8, 139 -20.C, and 139 -23 in order to add a second
story addition, eliminate the 185 seat restaurant, convert the
first floor (approximately 2,059 square feet) to two (2) retail
stores, convert the second floor to two (2) apartments with a
total of four (9) bedrooms, renovate the existing three - bedroom
apartment on the third floor, and eliminate the stairs that
encroach on to 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. 59069, as may be amended from time to
time; and,
b. 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: ftV l 2q , 201-F
Lisa Botticelli
COMMONWEALTH OF MASSAC14USETTS
Nantucket, ss. APIR 2013
On [his qr�y{,— day ofArot 2013, before me, the undersigned Notary Public, personally appeared
Li 5w YlO 11'i f lL 1 ' , 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 he /she signed it
voluntarily for its stated purpose.
otary2y,t rJ l/�Q Pao
Public:
My commission expirs: LYNELL D. VOLLANS
Notary Public
17a� Commo...11h aI Massachusetts
'1Il My Cemmissioa Expires
Oemmber 28, 2018