HomeMy WebLinkAbout052-12 21 Broad St LLCTOWN OF NANTUCKET RECEIVED
BOARD OF APPEALS z 013 RPR 25 91110 09
NANTUCKET, MASSACHUSETTS 02 111i(ET 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.: 052 -12
Owner /Applicant: 21 BROAD STREET, 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.
ECG k �i@_ a. '
8dward 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 44 Deed Book 1336, Page 109
21 Broad Street Plan Book 20, Page 44
Commercial Downtown
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Thursday, September 13, 2012, at 1:00 P.M., 4
Fairgrounds Road, Nantucket, Massachusetts, and continued to
October 11, 2012, November 8, 2012, December 13, 2012, and
January 10, 2013, the Board made the following decision on the
application of 21 BROAD STREET, LLC, c/o Sarah F. Alger, P.C., 2
South Water Street, Nantucket, Massachusetts, 02554, File No.
052 -12:
2. The Applicant is requesting Special Permit relief
pursuant to Nantucket Zoning Bylaw Sections 139- 33.A.(4) and (5)
(alteration of preexisting nonconforming structures and uses) to
alter and extend the existing structure on the Locus without
increasing the nonconforming nature of said structure. The
Applicant proposes to demolish and reconstruct the rear section
of the existing structure within the rear setback and go up
within the rear structure, but be no closer to the lot line than
the existing structure; add an addition and increase the ground
cover of the structure by about 257 square feet; adding
structure that will have a finished height above grade of no
more than 38.5 feet, which is the existing height of the
structure; moving the innkeeper's apartment, which will have no
more than three (3) bedrooms, to the basement of the structure;
converting the three (3) existing apartments to guest rooms and
adding nine (9) guest rooms to the existing fourteen (14) guest
rooms, bringing the total of guest rooms to twenty -seven (27);
renovating the guest rooms to add bathrooms to serve each; and
adding handicap access. With the exception of the rear setback
and structure height, all of such work will conform to the
dimensional requirements of the By -law. The use of the locus as
a fourteen (14) room guest house with an innkeeper's apartment
and three (3) separate apartments is nonconforming since no
conforming parking is provided and since four (4) such
apartments are not permitted on one lot under the By -law.. The
structure on the locus is nonconforming as to rear setback and
height. The locus and the structures on it otherwise conform to
the dimensional requirements of the By -law_ The Applicant also
seeks a special . permit under By -law 5139 -18.B as to parking.
The existing uses require twelve (12) parking spaces, while the
proposed uses require thirteen .(13) parking spaces. 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 Locus is situated as 21 Broad Street, is shown
on Nantucket Tax Assessor's Map 42.4.2 as Parcel 76, is shown on
Plan Book 20, Page 44, and is recorded at the Nantucket County
Registry of Deeds in Book 1336, Page 109. 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. Attorney Steven Cohen,
representing an abutter, spoke at the hearing. Attorney Cohen
requested that a moratorium be placed on exterior construction
during the summer months, as well as on Sundays. Attorney Cohen
also asked that no new food service be provided and that
employees be provided NRTA passes. Further, Attorney Cohen's
client requested screening along the easterly side of the Locus.
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 structure) in order to alter and
extend the preexisting nonconforming structure and uses on the
Locus.
The Locus is nonconforming as to use, being a fourteen -room
guest house with three separate apartments and a manager's
apartment. The Locus is also nonconforming as to parking,
having no conforming parking provided. Furthermore, the
structures on the Locus are nonconforming as to height and rear
yard setbacks, being sited as close as 1.99 feet from the rear
yard setback in a zoning district that requires a five (5) foot
rear yard setback.
The Applicant proposes to demolish and reconstruct the rear
section of the existing structure within the rear setback and go
up within the rear structure, but be no closer to the lot line
than the existing structure; add, an addition and increase the
ground cover of the structure by about 257 square feet; adding
structure that will have a finished height above grade of no
more than 38.5 feet, which is .the existing height of the
structure; moving the innkeeper's apartment, which will have no
more than three (3) bedrooms, to the basement of the structure;
converting the three (3) existing apartments to guest rooms and
adding nine (9) guest rooms to the existing fourteen (19) guest
rooms, bringing the total of guest rooms to twenty -seven (27);
renovating the guest rooms to add bathrooms to serve each; and
adding handicap access.
The Applicant also seeks a special permit under By -law §139 -18.B
as to parking. The parking requirements have been calculated as
follows:
Use
Requirement
Existing
Required
Proposed
Required
as
as
Existing
Proposed
Guest rooms
3 plus 1
19 rooms
7
27
11
for each 3
units over
2
Apartments/
0.3 /bdrm
9 apts;
9
1 3 -bdrm
1
Bedrooms
9 bdrms
innkeeper
apt
Employees
1 for each
3
1
3
1
3 on peak
1
shift
Total
12
13
Therefore, the Applicant is requesting a parking waiver of one
(1) parking space. As calculated above, the apartments were
used as part of the Inn and between the existing guest rooms and
apartments, there were a total of eighteen (18) bedrooms.
Accordingly, now nine (9) new guest rooms are proposed.
To the extent necessary, the Applicant also seeks a special
permit under By -law, §139 -20.0 as to off - street loading
facilities. The Applicant further seeks minor site plan review
pursuant to By -law §139 -23.
5. Therefore, after a discussion with the Applicant, the
Board finds that such Special Permit relief pursuant to
9
Nantucket Zoning Bylaw Sections - 139- 33.A(4) and (5), 139 -18.B,
- 139 -20.C, and 139 -23 in order to demolish and reconstruct the
rear section of the existing structure within the rear setback
and go up within the rear structure, but be no closer to the lot
line than the existing structure; add an addition and increase
the ground cover of the structure by about 257 square feet;
adding structure that will have a finished height above grade of
no more than 38.5 feet, which is the existing height of the
structure; moving the innkeeper's apartment, which will have no
more than three (3) bedrooms, to the basement of the structure;
adding thirteen (13) guest rooms to the existing fourteen (14)
guest rooms, bringing the total of guest rooms to twenty -seven
(27); renovating the guest rooms to add bathrooms to serve each;
and adding handicap access 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(4)
and (5), 139 -18.B, 139 -20.C, and 139 -23 in order to demolish and
reconstruct the rear section of the existing structure within
the rear setback and go up within the rear structure, but be no
closer to the lot line than the existing structure; add an
addition and increase the ground cover of the structure by about
257 square feet; adding structure that will have a finished
height above grade of no more than 38.5 feet, which is the
existing height of the structure; renovating the existing three
(3) existing apartments having a total of three (3) bedrooms;
moving the innkeeper's apartment, which will have no more than
three (3) bedrooms, to the basement of the structure; converting
the three (3) existing apartments to guest rooms and adding nine
(9) guest rooms to the existing fourteen (14) guest rooms,
bringing the total of guest rooms to twenty -seven (27);
renovating the guest rooms to add bathrooms to serve each; and
adding handicap access 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 the approval of the Nantucket Historic District
Commission;
b. That there shall be screening along the eastern side of
the Locus as shown on the site plan entitled, "Proposed
4
_ Conditions Site Plan to accompany Zoning Board of Appeals
Application," prepared by Blackwell & Associates, Inc.,
dated February 21, 2013, attached hereto as "Exhibit A ";
c. That there shall be no exterior construction between
Memorial Day and Columbus Day of any year and there shall
be no work on Sundays;
d. That there shall be no food service other than the
continental breakfast currently served to inn guests; and
e. That there shall be no amplified music or exterior
speakers; and
f. That NRTA passes shall be provided to the employees.
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
5
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Dated: G6 I ,2013
Susan McCart
MajPo e�
Geoff Thayer
COMMONWEALTH OF MASSACHUSETTS
Nantucket, as. '-41a r! , 2013
r
On this d 2013, before me, the undersigned Notary Public, personally appeared
.d19A , who is personally known to me, and who is the person whose
name is signed on the pr ceding or attached document, and who acknowledged m me thak ""she signed it
voluntarily for its stated purpose.
otary Public:
My commission expires: I /17y
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NANTUCKET, MASS. 02554
(508) 228 -9026 B7582
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Zoning Board of Appeals
Application
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Nantucket, Mass.
SCALE: 1'- 20 DAIS NOYEMBEN 18. 2012
RENSED: FEBRUARY 21. 2013
At. BROAD, 92R64a'.. LLO„
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BLSCRMdLL & ASSOCIATES, Inc.
Profess TV AV Survryors
20 T6'ASDALB CIRCLE
NANTUCKET, MASS. 02554
(508) 228 -9026 B7582
FEE: $300.00
NANTUCKET ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MA 02554
APPLICATION FOR RELIEF
Owner's name(s): 21 Broad Street, LLC
CASE NO. ) QZ ( Z
Mailing address: c/o Sarah F. Alger, P.C., 2 South Water Street, Nantucket
Z N
Applicant's name(s): Same as above o
-�
Mailing address: Same as above C= m
lu
Locus address: 21 Broad Street, Nantucket, Massachusetts Assessor's Map/Pan el: 426
rn
Land Court Plan/Plan Book & Page/Plan File No.: Plan Book 20, Page 44 —
Date lot acquired: 09/25/03 Deed Ref. /Cert. of Title: Zoning District: CDT Z o
Uses on Lot - Commercial: X Yes (describe) Inn r;
� rn
Residential: Number of dwellings _ Duplex Apartments Rental Rooms
Building Date(s): All pre -date 7/72? Yes or
Building Permit Nos:
Previous Zoning Board Application Nos.:
C of O(s)? Yes
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 attached Addendum.
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.
SIGNA
not owner or 6wner's a
Application received on: / / By:
Applicant Attorney /Agent X
of agency to bring this matter before the Boar
FOR ZBA OFFICE USE
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
(21 Broad Street, LLC, 21 Broad Street,
Nantucket, Massachusetts)
The Applicant seeks a special permit under Nantucket Zoning
By -law (the "By -law ") §139- 33.A.(4) to alter and extend the pre-
existing, nonconforming structure and uses on the locus, which
is nonconforming as to rear yard setback and height, by adding
an addition, increasing the size of the existing three
apartments on the locus, by adding bathrooms to serve the
existing seventeen (17) guest rooms, and by adding handicap
access. All of such work will conform to the dimensional
requirements of the By -law. No change in use or additional
guest rooms are proposed. The use of the locus as a seventeen
(17) room guest house with three separate apartments is
nonconforming since no conforming parking is provided and since
three such residential apartments are not permitted on one lot
under the By -law. The structure on the locus is nonconforming
as to rear setback and height. The locus and the structures on
it otherwise conform to the dimensional requirements of the By-
law.
The Applicant also seeks minor site plan review pursuant to
By -law §139 -23. .
The property is located at 21 Broad Street, is shown on
Nantucket Tax Assessor's Map 42.4.2 as Parcel 76, is shown on
plan recorded with Nantucket Deeds in Plan Book 20, Page 44, and
is located in the Commercial Downtown (CDT) District.
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Property Information
Property ID 4242 76
Location 21 BROAD ST
Owner NESBITT INN LLC
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MAP FOR REFERENCE ONLY
NOT A LEGAL DOCUMENT
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The Town makes no claims and no warranties,
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expressed or implied, concerning the validity or
accuracy of the GIS data presented on this map.
-
Parcels updated January 1, 2011
.Saraiii F`. Alger, P.C: ;••.
. � 508 - 228 -1118 -
RECEIVED
BOARD OF ASSESSORS
Town of Nantucket AUG 0 8 2012'
ZONING BOARD OF APPEALS TOWN OF
t , NANTUCKET, MA
.y
LIST'OF PARTIES IN INTEL REST IN THE MATTER OF THE PETITION OF
PROPERTY OWNER ;. ?1...... street:_,LLC
MAIL1No ADDRESS ........ c/o Sarah F. Alger, P.C., 2 S. water street
....... ........I...................... ..............
Nantucket, Massac used s a2 'S54
PROPERTY LOCATION .... 21 Broad street, Nantucket; Massachusetts
................................ ...............................
ASSESSORS MAPfPARCF 42:4.2 -76
................................ ...............................
APPLICANT., same as above.
............................................ ...............................
SEE ATTACHED PAGES
I certify that the foregoing is a list of persons who are owners of abutting property, owners of
land direotly opposite on any public or private street or way; and abutters of the abucters'aad all
other land owners within 300 feet of the, property !iris of ownir's property, all as they appear on
the most recent applicable tax list (M.G.L. c. 40A, Section I 1 Zoning Code Chapter 139,
Section 139.29D (2) .
DATE '
ASSESSOR'S OFFICE
Town of Nantucket
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