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HomeMy WebLinkAbout052-12 21 Broad Street LLC DecisionRECEIVED TOWN OF NANTUCKET BOARD OF APPEALS 1 °13 APR 25 erg to es NANTUCKET, MASSACHUSETTS 02"4111KET TOWN CLERK Date: April 171 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. 'L (iyVVG/LG� /U�j�X� •• Edward 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 §139 -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 §139 -20.0 as to off - street loading facilities. The Applicant further seeks minor site plan review pursuant to By- law §139 -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. 2 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. 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 14 rooms 7 27 11 for each 3 units over 2 Apartments/ 0.3 /bdrm 4 apts; 4 1 3 -bdrm 1 Bedrooms 4 bdrms innkeeper apt Employees 1 for each 3 1 3 1 3 on peak 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. 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