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Home My WebLink About022-13 5 North Water StreetZ No D � Z C C �c M x m s M m TOWN OF NANTUCKET t .3 m BOARD OF APPEALS ° NANTUCKET, MASSACHUSETTS -02554 Date: May 14 2013 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 022 -13 ' Owner /Applicant: Lynne Bolton as Owner and Nantucket Theater Institute as licant 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. 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 — 88 5 North Water Street Commercial Down Town Deeds Book 1359, Page 96 Plan Book 10, Page 49 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, May 9, 2013, at 1:00 P.M., 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of the Nantucket Theatre Institute, Inc. for land owned by Lynne M. Bolton, c/o Reade, Gullicksen, Hanley and Gifford, LLP, 6 Youngs Way, Post Office Box 2669, Nantucket, Massachusetts 02554, File No. 022 -13. 2. Applicant requested Variance relief under Section 139 -32 from Sections 139 -2 and 139 -7(A), to the extent necessary, to allow a tent to be erected for longer than 30 days per calendar year. 3. The locus, 5 North Water Street, Nantucket, Massachusetts is a lot of approximately 8070 SF in the Commercial Down Town zoning district. It has a two story structure and a one story structure. The rear of the single story structure is as close as 2.6 +/- feet from the lot line where a 5 foot setback is required. The lot is the subject of Special Permit relief granted in ZBA file 73 -86 and recorded at Book 260, Page 336, allowing for the change of use from retail to real estate office (the use was previously nonconforming. The Lot also has Special Permit relief granted in ZBA file 25 -92 and recorded at Book 387, Page 113 allowing for an addition to the smaller building (which was not built) and waiving related parking requirements. The nonconfomuties pre -exist the 1972 adoption of the Nantucket Zoning By -law. The locus and structures thereon are conforming in all other respects. 4. Our decision is based upon the application and accompanying materials, representations, and testimony received at our public hearing. There was no Planning Board -reconnenclation on the asrs a no ers o p ammng concern were presen e . ere were no letters from the public regarding the application. Three neighbors at the meeting raised concerns about the size, location, appearance, safety, and impacts of the tent. Two neighbors at the meeting supported the relief sought in the application. 5. Attorney Steven Cohen represented the Applicant at the hearing. Attorney Cohen explained to the Board that the Applicant plans to establish a permanent theatre and arts facility at 5 North Water Street. During the design phase, the Applicant seeks to begin limited activities using the existing structures and a tent that will seat up to 80 people and enclose the stage. The tent is proposed for performances and theater and art associated activities, and may also be used by third parties for similar purposes. Tent is an allowed use in the CDT zoning district, ( j t we of the tent June through September, 2013 exceeds the maximum allowance of 30 days per calendar year. The Applicant does not plan to make recurring or long term use of the tent. Therefore, Applicant requested Variance relief under Section 139 -32 from Sections 139 -2 and 139 -7(A), to the extent necessary, to allow a tent to be erected for longer than 30 days per year. Applicant is applying for Special Permit relief to the Planning Board for a Major Commercial Development for the majority of its activities, but the Zoning Board of Appeals is the sole permit granting authority for Variances. Mr. Cohen also noted that most of the concerns raised by the neighbors were matters for the Planning Board and the Historic District Commission, which would soon be hearing applications for the project. 5. Therefore, after a discussion with the agent for the Applicant, the Board finds that the extension of time sought by the Applicant meets the standard in Section 139- 32(A), and that the use of a tent is permitted in the zoning district, as required by Section 139-3203)(2). Extension of the time limitation in this case does not nullify or substantially derogate the intent of the bylaw and the interim use of a tent for seasonal activities in a commercial district by a theatre and arts entity during the design and construction phase of its facility would not be substantially detrimental to the neighborhood, but failure to grant the Variance would have a substantial hardship on the Applicant and a negative impact on the community and downtown area. The Board notes that similar relief was twice granted nearby to the Nantucket Dreamland Foundation at 17 South Water Street. 6. Accordingly, by a four to one vote of the sitting Board, the Board of Appeals grants a Variance for the relief sought by the Applicant pursuant to Nantucket Zoning Bylaw Section 139 -32 from Sections 139 -2 and 139 -7(A), in order to erect a tent for longer than 30 days in a calendar year, with the following conditions: 1) The relief is only from June 15, 2013 until September 15, 2013. 2) The performances for the public are limited to 6 days a week. 3) The theatrical performances shall end by 9:30 pm, and tent operations to end by 10 pm. 4) Except for entrancestexits, the side flaps of the tent shall remain installed and stay down during performances. 5) There shall be no electronic amplification of the actors in the theatrical performances, but other amplification, such as background music and sound effects, is permitted. 6) There shall be 5 foot setbacks for the side walls of the tent on the two street sides. 7) Tent stakes shall not be installed over the lot line. SIGNATURE PAGE TO FOLLOW Dated:V,2013 1s 0 V —� RON 1 Kerim Koseatac COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. O ,-. ' 2013 On this day of►Y ,�/� Ili 2013, before me, the undersigned Notary Public, personally appeared (f• �� ire X1�t� , 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 that he /she signed it voluntarily for its stated purpose. �. My commission expires: �wve } TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Fee: $300.00 Owner's name(s): Lynne M Bolton T� RECEIVED 1013 MY 3 FIB 3 36 NANTUCKET TOWN CLERK File No. 0Z,2--1 -t' Mailing address: /o Reade Gulli ksen H nle�and Gifford LLP Phone Number: 508 -228 -3128 E -Mail: SLC(areadelaw com Applicant's name(s): Nantucket Theatre Institute Mailing Address: _I6 Youngs W P st Office Box 2669 Nantucket, MA 02584 Phone Number: 508- 228 -3128 E -Mail: SLC(a)readelaw com Locus Address: 5 North Water Street Assessor's Map /Parcel: 42.4.2 — 88 Deed: Book 1359 Page 96 Plan.: Book 10. Page 49 Zoning District: CDT ._ Uses on Lot- Commercial: Real Estate offices convert to a theatre and arts institute Residential: Number of dwellings 0 Duplex 0 Apartments 1 Date of Structure(s): all pre -date 7/72 Yes or Building Permit Numbers: 5034 -86 9659 -93 12367 -95 14914 -97, 109 -02 1210 -07. 533 -12 Previous Zoning Board Application Numbers: 73 -86 and 25 -92 2 Fairgrounds Road Nantucket Massachusetts 02554 508- 228 -7215 telephone 508- 228 -7298 facsimile Special Dermits or variance relief anolving fox The locus, 5 North Water Street, Nantucket, Massachusetts is a lot of approximately 8070 SF in the Commercial Down Town zoning district. It has a two story structure and a one story structure. The rear of the single story structure is as close as 2.6 +/- feet from the lot line where a 5 foot setback is required. The lot is the subject of Special Permit relief granted in ZBA file 73 -86 and recorded at Book 260, Page 336, allowing for the change of use from retail to real estate office. The Lot also has Special Permit relief granted in ZBA file 25 -92 and recorded at Book 387, Page 113 allowing for an addition to the smaller building (which was not built) and waiving related parking requirements. The nonconformities pre -exist the 1972 adoption of the Nantucket Zoning By- law. The locus and structures thereon are conforming in all other respects. The Applicant, the Nantucket Theatre Institute plans to establish a permanent theatre and arts facility at 5 North Water Street, but is currently in the design phase. During this phase, the Applicant seeks to begin limited activities using the existing structures and a tent that will seat up to 80 people and enclose the stage. The tent would be used for performances and theater and art associated activities, and may also be used by third parties for similar purposes. Use of the tent is proposed for June through September, 2013. Applicant is applying to the Planning Board, the permitting authority for all Major Commercial Developments, for a Special Permit for this project (application attached). However, the erection of the tent for longer than 30 days per year may require a Variance from Sections 139 -2 and 139 - 7(A) under Section 139 -32. The Zoning Board of Appeals is the sole permit granting authority for Variances. Accordingly, to the extent necessary, Applicant requests relief by Variance to allow the tent to be erected for longer than 30 days per year. 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. SIGNATURE: Lynne Jx. Bolton, by: A Steven L. Cohen, as duly authorized attorney OFFICE USE ONLY Application received on:—/—/— By: Complete:_ Need Copies:_ Filed with Town Clerk:_ / _/_ Planning Boaxd:_/_/_ Building Dept.:—/—/— By:_ Fee deposited with Town Treasures:_/_)_ By:_ Waiver requested:_ Granted:_ /_ /_ Heating notice posted with Town Clerk-.—/—/— Mailed:—/—/— &_ /_ /_ Hearing(s) held on:—/—J— Opened on :_ /_/_ Continued to:_/_ /_ Withdtawn:_ /_ /_ Decision Due By:_ /_/_ Made:_ /_/_ Filed w /Town Clerk-.—/—/— Mailed:—/—/— 2 Fairgrounds Road Nantucket Massachusetts 02554 508- 228 -7215 telephone 508- 228 -7298 facsimile Town of Nantucket Zoning Board of Anneals RECEIVED BOARD OF ASSESSORS APR 16 2013 TOWN OF NANTUGKEf, MA LIST OF PARTIES N INTEREST N THE MATTER OF THE PETITION OF: PROPERTY OWNER.......`.!)... t'r4' oG1�- r��2L� MAILING ADDRESS. S1.9 , Reade,..Gullicksen, H,annley & Gifford, LLP PROPERTY LOCATION... ` .�1�'Yrr .."" .rr _...-- ......... ASSESSOR MAP/PARCEL ....... . ......... ................ ............................... SUBMITTED BY...RReAe. G411icksen,,,Hanley &Gifford, LLP SEE ATTACHED PAGES I certify that the foregoing is a list of all persons who are owners of abutting property, owners of land directly opposite on any public or private street or way; and abutters of the abutters and all other land owners within 300 feet of the property line of owner's property, as they appear on the most recent applicable tax list (M.G.L. c. 40A, Section 11 and Zoning Code Chapter 40A, Section 139 -29B (2). /01 ASSESSOR'S OFFICE TOWN OF NANTUCKET (! ;§ (§ , \ § \..... ...,....|...... ...��.� }•��'��j��'� }''l ;�, :( ( §• � . | | )b ) • �R §§) g)� �� ;,) ;) !� | ; �•�. , � |�� .! . i 66 $zC �C4664 €l56��Sv CI 33333883844 C 4 §3 H$ N aN 3 9' 33 "83 99yyggyypp��aa� � "g aE :9ESSRi�d 84 �ai�pS �aziao��a� �oe� ...ssss........ ... . .... . .. Hummock Pond Assc LLC Nantucket Island Resorts, LLC Nantucket Yacht Club 20 Federal St PO Box 2580 PO Box 667 Nantucket, MA 02554 Nantucket, MA 02584 Nantucket, MA 02554 Woods Hole Marthas Vineyard & Town of Nantucket Eighteen Broad Street, LLC Nantucket Steamship Auth 16 Broad St c/o Robert Shapiro Box 276 Nantucket, MA 02554 218A Eau Gallie Blvd #1 Nantucket, MA 02554 Indian Harbor, FL 32937 Tracy W. & Susan Root Nantucket Islands Land Bank Beatrice S. Knox Johnston 3310 W Crown Pointe Blvd 22 Broad St Huntington Realty Trust Naples, FL 34112 Nantucket, MA 02554 PO Box 1828 Nantucket, MA 02554 Veranda House, LLC Cyril C. Ross, Jr. Sally R. Johnson, Trustee c/o Dale Hamilton & Judith L. Ross c/o Kelly Johnson 4 Quince St PO Box 1033 1478 Lipton Circle Nantucket, MA 02554 Nantucket, MA 02554 Suffolk, VA 23434 Malcolm W. MacNab Matthew S. Parker, Trustee et al Matthew S. & Mary S. Parker Trst 13 N Water St Sea Street Realty Trust Sea Street Realty Trust Nantucket, MA 02554 9 Austin Farm Or 9 Austin Farm Dr Nantucket, MA 02554 Nantucket, MA 02554 Brass Lantern LLC Henry G. Fee, Jr. Christopher Sanguinetti 11 N Water St & Matthew G. Fee, Trst & Dwight T. Holmes Nantucket, MA 02554 PO Box 2175 3 Eagle Wing Wy Nantucket, MA 02584 Nantucket, MA 02554 NIR Retail, LLC Edward Foley Vaughan Nantucket Historical Assn New England Development & Sandra Holland PO Box 1016 _ One Wells Ave PO Box 659 Nantucket, MA 02554 Newton, MA 02459 Nantucket, MA 02554 Edward Notis McConarty, Tr Philip A. & Ruth E. Osley Louise W. Collins c/o William Cameron 12 Broad St c/o Bank of America 4 Broad St Nantucket, MA 02554 PO Box 55851 Nantucket, MA 02554 Boston, MA 02205 J. William Holland Trustee Nesbitt Inn LLC 23 Broad Street, LLC c/o Roger J. Guerin c/o Upland Capital Corp c/o Brotherhood of Thieves Rest Grp 25 East Erie St 745 Boylston St, Ste 404 45 Sparks Ave Chicago, IL 60611 Boston, MA 02116 Nantucket, MA 02554 Wendy M. Hudson Trustee Nantucket Island Resorts LLC Nantucket Land Council Inc. JIM Nominee Trust c/o New England Dev PO Box 502 25 Broad Street One Wells Ave Nantucket, MA 02554 Nantucket, MA 02554 Newton, MA 02459 Byron & Suzanne Lingeman Trsts The Ten Ash Street Nominee Tr 9 Edmonds Road Wellesley, MA 02481 Michael C. Veysey Tr 330 Blackland Rd Atlanta, GA 30342 Sara S. O'Reilly Tr 7 N Water St Realty Tr PO Box 1436 Nantucket, MA 02554 John P. & Greta V. Coale 2901 Fessenden St NW Washington, DC 20008 Dianne W. & Charles W. Graeber 25 Bradford Walk Farmington, CT 06032 Sara S. O'Reilly, Tr 9 N Water St Realty Tr PO Box 1436 Nantucket, MA 02554 Robin A. H. & Keith M. Yankow PO Box 675 Nantucket, MA 02554 Roberta A. Conti Trst Twelve North Nom Trust 147 Roger Williams Ct Portsmouth, RI 02871 Obed Joy LLC c/o Wylie Collins 149 Parsonage Rd Greenwich, CT 06830 Mary S. Parker PO Box 151 Nantucket, MA 02554 John T. Dinan, Jr. & Marguerite G. Dinan PO Box 897 Portland, ME 04104 Kevin D. & Katherine A. Davidson 21 Woodhill Rd Newtown, PA 18940 Le Select Proproperties LLC c/o Candice Miller & Edward Bernard 2 Windy Wy #205 Nantucket, MA 02554 James Davison 222 Loblolly Lane Choudrant, LA 71227 William J. Boardman, II & Susan Boardman PO Box 1027 Nantucket, MA 02554 Mary G. Pegg 10 Fox Meadow Rd Scarsdale, NY 10583 v Town and County of Nantucket LU IJ —1 41 4 2 11 :a �4 � . . � ' ,z4sa 4 41 4. ,_, , ,_.� 125 ` ......., PropertylD 424299 - Location 5 N WATER ST Owner RANNEY H FLINT B CHARRON _ MAP FOR REFERENCE ONLY - _ NOT A LEGAL DOCUMENT True To. makesno canto and nowenanYes, - - lopmesed or Implied, concerning 9re validity or accuracy of me DIE data presented on the map. Parcels updated December, 2012 - Application for a Special Permit Date: April 16, 2013 File #: ,.,___..v A .... i,........... Nantucket Theatre Institute Lynne M. Bolton Owner(s) name(s): Phone number: Applicant's name: Nantucket Theatre Institute Mailing address: 5 North Water Street Nantucket, MA 02554 _ Phone number. Fax number E -mail: Engineer / surveyor's name: Paul Santos Nantucket Surveyors, LLC Mailingaddress: 5 Windy Way, Nantucket, MA 02554 Phonen=ber: 908 -998 -0740 Faxn=bersp$:22a- g&V—E -maih a. .tucketsurveyors.com Location of l addr ess 5 North Water Street pS¢eet address CITax Assessors Map 49 4.9 Parcel 8A ONantucket Registry of Deed: Plan Book 10 and Page 49 OR Plan He # OR Land Court Plan # at Certificate # Size ofparcel: 8070 +/— Sq. Ft. sq. ft. Zoning District: CDT Special Pe¢nit sought. (check one) O Cluster subdivision • Commercial WECS • Driveway Access /Curb Cut Special Permit • Harbor Overlay District (HOD) • Major Commercial Development (MCD) Nantucket Planning and Land Use Services • 2 Fairgrounds Road • Nantucket • MA • 02554 • (508) 325 -7587 n c v m � rn o -n _ � m r (V Application for a Special Permit Date: April 16, 2013 File #: ,.,___..v A .... i,........... Nantucket Theatre Institute Lynne M. Bolton Owner(s) name(s): Phone number: Applicant's name: Nantucket Theatre Institute Mailing address: 5 North Water Street Nantucket, MA 02554 _ Phone number. Fax number E -mail: Engineer / surveyor's name: Paul Santos Nantucket Surveyors, LLC Mailingaddress: 5 Windy Way, Nantucket, MA 02554 Phonen=ber: 908 -998 -0740 Faxn=bersp$:22a- g&V—E -maih a. .tucketsurveyors.com Location of l addr ess 5 North Water Street pS¢eet address CITax Assessors Map 49 4.9 Parcel 8A ONantucket Registry of Deed: Plan Book 10 and Page 49 OR Plan He # OR Land Court Plan # at Certificate # Size ofparcel: 8070 +/— Sq. Ft. sq. ft. Zoning District: CDT Special Pe¢nit sought. (check one) O Cluster subdivision • Commercial WECS • Driveway Access /Curb Cut Special Permit • Harbor Overlay District (HOD) • Major Commercial Development (MCD) Nantucket Planning and Land Use Services • 2 Fairgrounds Road • Nantucket • MA • 02554 • (508) 325 -7587 • Multi- family Special Permit • Moorlands Management District Subdivision or Construction (MIAD) • NEHOD (Neighborhood Employee Housing Overlay District) • MRD (Major Residential Development) • MIPOD (Mid- Island Planned Overlay District) • Other Uses Requiring a Special Permit (specify all rises and Nantucket Code sections) Section Description Specify all associated Zoning Code relief sought Section Description See Addendum Only the honing nliefnprerrly nquened abode oil/ he."id nd -Pon ofthir oPPh'mnan. If applying fora Major Conmaezcial Development, specify how the application will comply with Section 139-110) of the Zoning Code of the Torun ofNantucke{ also known as the Town's Affordable Housing Effort Two Bedroom apartment for staff proposed on site. Planning Board filing fee due: f Engineering Inspection Escrow Deposit due: I/ we hereby certify that the applicant(s) cited above have been authorized by me/ us to He a Special Permit application with the Planning Board on property that I/ we own. Nantucket Planning and Land Use Services • 2 Fairgrounds Road • Nantucket • MA • 02554 • (508) 325 -7587 Oanet s' S' anne(s) Applicant'ssiignature the undersigned, hereby authorize '�?'{'. ✓%2'.' - ✓�Es+ to act as agent(s) on my /our behalf and to make any necessary revisions on this filed application as they may be requested by the Board to meet its governing roles and guidelines. dnmer(s)' signatures) CheokL t, ❑ Panning Board Special Permit abuners lest — to be obtained at the Tax Assessor's office ❑ Completed application form entitled "Application to the Planning Board for a Special Pemdt" • Application fee of $250.00 payable to Town of Nantucket • Abuttea fee of S6.11 per abutters payable to Pitney Bmves Reserved Funds • Four (4) sets of mailing labels with each abem s name and address • I" x 2 5/8" sae, typed labels, ue preferred • duphcate labels are not necessary if the same owner is listed for more than one abutting propevty • Completed application form • Tovm Clerk's stamped application (provide 2 copies -one for Toan Clerk and me for Planning Board) Nantucket Plamilng and Land Use Services • 2 Fairgrounds Road • Nanmcket • MA • 02554 • (508) 325 -7587 MCD Special Permit Addendum 5 North Water Street Lyme M. Bolton, Owner Nantucket Theatre Institute, Applicant Existin : 5 North Water Street, Nantucket, Massachusetts is a lot of approximately 8070 SF in the Commercial Down Town zoning district. It has a two story structure and a one story structure. The structures were most recently used for real estate related offices. The rear of the single story structure is as close as 2.6 +/- feet from the lot line where a 5 foot setback is required, but this structure pre - exists the adoption of the zoning by -law in 1972 and is grandfathered thereunder. The lot is the subject of Special Permit relief granted in ZBA file 73 -86 and recorded at Book 260, Page 336, allowing for the change of use from retail to real estate office. The Lot also has Special Permit relief granted in ZBA file 25- 92 and recorded at Book 387, Page 113 allowing for an addition to the smaller building (which was not built) and waiving related parking requirements. Proposed: The Nantucket Theatre Institute (NTI) plazas to establish a permanent facility at 5 North Water Street. The concept for the NTI includes a theater, spaces for practice, education, promotion, and administration of the arts, staff housing, and possibly food service (not alcohol). NTI is currently in the planning phase. During this phase, NTI seeks to begin providing limited services through a temporary use of the existing structures and a tent. NTI proposes to erect a tent in the southern corner of the lot, near the intersection of North Water Street and Whalers Lane. The tent will be used for one season as a theater and for ancillary or related activities from June through September of 2013. The tent is proposed at 30'x 50' to accommodate up to 80 seats and a 24' x 18' stage with 3' wings on the sides and rear. The tent will be about 20' tall and will have wall panels on all sides. Although there is no front or side yard setback, the tent would be located at least 3' inside the picket fence to create a safety access on the Whaler's Lane side. The opposite side of the tent would be located along the existing brick walkway for handicapped access purposes. No other new structures are proposed. No exterior construction is proposed for the current structures. The stage would be located on the interior side of the lot, next to the parking area, and the production equipment would be in it, on the street side. Performances will be primarily in the evenings, proposed to end not later than 9:30pm, with shut down of the site by l Opm. Productions are planned as "straight" plays, with no microphones on the performers and limited lighting, so it should not create sound or light associated with musicals, concerts or the like. When the tent is not in use for plays, NTI would allow use by third parties for non - disturbing activities. Exterior lighting would be limited to safety lighting and otherwise be compliant with the by -law requirements. The main floor of the larger structure would act as a box office, lobby, two offices, and ancillary space, as well as a public bathroom. Applicant anticipates less than 300 SF of office space (NTI office 168 +/- SF and second office 120 +/- SF). With these functions inside, there should not be lines the sidewalks or other types of crowds outside before the shows. Tickets will also be available online and otherwise to minimize impact on site. The upstairs of the main building is proposed as a two bedroom apartment for staff housing. This area is accessed separately from the public space and would be used to house actors or staff, not rented out to third parties. For this summer season, the smaller structure is proposed for take -out food and concessions. It would offer freshly prepared and pre - packed food and drinks. There would be no cooking on site, no tables or additional seating, and no alcohol. This structure would be open all day, but would close by 8pm. Parking and Loading: Special Permit 73 -86 notes that no additional parking was required by the relief then sought, and also that while the Zoning Board of Appeals endorsed the parking plan recommendations provided by the Planning Board, the ZBA did not require those recommendations as a condition of relief. Special Permit 25 -92 identifies that the proposed addition would require 18 parking spaces, but since the lot qualified for a waiver of 14 parking spaces at the time of adoption of the Zoning Bylaw, and the applicant was providing 4 spaces, then no parking relief was needed for it to meet an 18 parking space requirement. The proposed uses of the lot would require xx parking spaces, as follows: Office Space: 288 +/- SF = 2 puking spaces Tent Seating: 80 Seats = 20 parking spaces Take -out Food: 1 Station = 5 parking spaces Apartment: 2 bedrooms = 0.6 calculated = 1 puking space TOTAL = 28 Puking Spaces required. The lot currently provides 6 conforming parking spaces, including one H.C. accessible. Due to the change in zoning districts, the proposed use is now conforming and does not need relief, but the lot is grandfathered for 14 parking spaces. To the extent that changing the use is an alteration to the puking requirement, Applicant seeks relief under Sections 139 -30 and 33 to maintain that grandfathering, to the extent needed. Additionally, the Applicant seeks relief from Section 139 -18 for any additionally required parking spaces, for aisle width and dimensional requirements, and for back out into the street, as needed. The Applicant also seeks relief the requirements of 139 -19 for screening of parking and 139-1-0 for a loading zone. With these waivers, applicant plans to provide 6 parking spaces, including one H.C. accessible, as per the plan attached. The actors living in the apartment will not have a car or cars, but the Applicant is providing them with bicycles. They will also be provide NRTA passes. Ground Cover and Open Space: The current structures have a total of 20.4% Ground Cover and would go to 39% with the tent, but the CDT zone allows 75% Ground Cover, so no waiver is needed. The lot currently has 42% open area. The addition of the proposed tent will result in the open space being reduced to about 26 %. The Applicant seeks relief from Section 139 -11(G) for the requirement for 30% open space in an MCD. Housing: Applicant seeks relief from the requirements of Section 139 -11(J) for inclusionary housing. However, Applicant plans to provide a two bedroom apartment for its employees in the main building. ZBA Special Permit 25 -92 provides that, as a condition of relief, there can be no apartment in that building. Since this condition is for a special permit that was not exercised, for a different use on the lot, mid because the condition is in conflict with the intent of Section 139 - 11(.1) of the Zoning Code, Applicant seeks clarification that employee housing is specifically allowed, as proposed. Site Plan 1. ^.frastrzc ure and Traffic: The project is a temporary structure on a property is located in the CDT district off a side street. The existing structures are serviced by municipal sewer and water. The sanitary facilities will be located in the existing structures. Power and other utilities will be temporary and will be installed according to the requirements of the respective utility. No new overheard lines are planned. Most access is expected to be by pedestrian traffic. Applicant seeks a waiver for the Site Plan, Traffic Study, Drainage, Storm Water Runoff, Landscaping, and other reviews and requirement of Section 139 -23. Tent Time Period: The definition of a tent under Section 139 -2 may prohibit use of a tent for more than 30 days in a year. The Application is seeking a variance from the ZBA for this issue only. The proposed time period is from June through September of 2013. TOWN OF NANTUCKET (Special Permit) BOARD'O'ZpC,E� SBDRB 1AR 13 ?013 iC' XE7, MA LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PE T I i ION OF: ...`- ?1 r rL . PROPERTY OWNER........, ti..... ................ ........ NLkMING ADDRESS .... .J.; .....t{2 ..... .................... ........... , .. PROPERTY LOCATION...... �. �.:...... W � ASSESSOR MAP/PARCEL... u�u.Z:...... �....... .�F ............................. . np,. _� r �� SUBMITTEDBY.... 7 ..>!.t.y'n-.i.........[:.".`�.. `. . ............................... 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 abutters of the abutters and all other land owners within 300 feet of the property line of owner's property, all as they appear on the most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139, Section 139 -29B) (2)• DATE ASSESSOR'S OFFICE TOWN OF NANTUCKET \f (k ; ; | ; ; | ; ; ; ; ; ; ; ; ; ;; \\\ \\\\ /\\\ \li'll r � ;[u2. / / \g \f \� \ \\ \ \ \ \ \ \\ \ \\\ \\ / /j /HQ /HQhbG | ( � . {} | )}} \ ( Hummock Pond Assc LLC Nantucket Island Resorts, LLC Nantucket Yacht Club 20 Federal St PO Box 2580 Nantucket, MA 02584 PO Box 667 Nantucket, MA 02554 Nantucket, MA 02554 Woods Hole Marthas Vineyard & Town of Nantucket Eighteen Broad Street, LLC Nantucket Steamship Auth 16 Broad St c/o Robert Shapiro 218A Eau Gallie Blvd #1 Box 276 Nantucket, MA 02554 Indian Harbor, FL 32937 Nantucket, MA 02554 Tracy W. & Susan Root Nantucket Islands Land Bank Beatrice S. Knox Johnston 3310 W Crown Pointe Blvd 22 Broad St Huntington Realty Trust Naples, FL 34112 Nantucket, MA 02554 PO Box 1828 Nantucket, MA 02554 Veranda House, LLC Cyril C. Ross, Jr. Sally R. Johnson, Trustee c/o Dale Hamilton & Judith L. Ross c/o Kelly Johnson 1478 Lipton Circle 4 Quince St Nantucket, MA 02554 PO Box 1033 Nantucket, MA 02554 Suffolk, VA 23434 Malcolm W. MacNab Matthew S. Parker, Trustee et al Matthew S. & Mary S. Parker Tr =_t 13 N Water St Sea Street Realty Trust Sea Street Realty Trust Nantucket, MA 02554 9 Austin Farm Dr 9 Austin Farm Dr Nantucket, MA 02554 Nantucket, MA 02554 Brass Lantern LLC Henry G. Fee, Jr. - Christopher Sanguinetti 11 N Water St & Matthew G. Fee, Trst & Dwight T. Holmes Nantucket, MA 02554 PO Box 2175 3 Eagle Wing WY Nantucket, MA 02554 Nantucket, MA 02584 NIR Retail, LLC Edward Foley Vaughan Nantucket Historical Assn New England Development & Sandra Holland PO Box 1016 Nantucket, MA 02554 One Wells Ave PO Box 659 Newton, MA 02459 Nantucket, MA 02554 Edward Notis McConarty, Tr Philip A. & Ruth E. Osley Louise W. Collins William Cameron 12 Broad St c/o Bank of America c/o 4 Broad St Nantucket, MA 02554 PO Box 55851 Boston, MA 02205 Nantucket, MA 02554 J. William Holland Trustee Nesbitt Inn LLC 23 Broad Street, LLC Brotherhood of Thieves Rest GrI c/o Roger J. Guerin c/o Upland Capital Corp 745 Boylston St, Ste 404 c/o 45 Sparks Ave 25 East Erie St Boston, MA 02116 Nantucket, MA 02554 Chicago, IL 60611 Wendy M. Hudson Trustee Nantucket Island Resorts LLC Nantucket Land Council Inc. JIM Nominee Trust c/o New England Dev PO Box 502 Nantucket, MA 02554 25 Broad Street One Wells Ave Nantucket, MA 02554 Newton, MA 02459 Byron & Suzanne Lingeman Trsts The Ten Ash Street Nominee Tr 9 Edmonds Road Wellesley, MA 02481 Michael C. Veysey Tr 330 Blackland Rd Atlanta, GA 30342 Sara S. O'Reilly Tr 7 N Water St Realty Tr PO Box 1436 Nantucket, MA 02554 John P. & Greta V. Coale 2901 Fessenden StNW Washington, DC 20008 Dianne W. & Charles W. Graeber 25 Bradford Walk Farmington, CT 06032 Sara S. O'Reilly, Tr 9 N Water St Realty Tr PO Box 1436 Nantucket, MA 02554 Robin A. H. & Keith M. Yankow PO Box 675 Nantucket, MA 02554 Roberta A. Conti Trst Twelve North Nom Trust 147 Roger Williams Ct Portsmouth, RI 02871 Obed Joy LLC c/o Wylie Collins 149 Parsonage Rd Greenwich, CT 06830 Mary S. Parker PO Box 151 Nantucket, MA 02554 John T. Dinan, Jr. & Marguerite G. Dinan PO Box 897 Portland, ME 04104 Kevin D. & Katherine A. Davidson 21 Woodhill Rd Newtown, PA 18940 Le Select Proproperties LLC c/o Candice Miller & Edward Bernard 2 Windy Wy #205 Nantucket, MA 02554 James Davison 222 Loblolly Lane Choudrant, LA 71227 William J. Boardman, II & Susan Boardman PO Box 1027 Nantucket, MA 02554 Mary G. Pegg 10 Fox Meadow Rd Scarsdale, NY 10583 N/F SARA B. O42-Y, TRUSTEE 4261 -B] ONCE, a MD d o CONCRETE MALK AN ❑ ❑ / / ' : sT i FRAME / 2 STOP CGNGREIE PAD o0 YpCG FRAME / //. - /( WILGNG a I STO 031 o O / STOOP ON m I ci 54'1 iI I C I GRAVEL PARKING v DO BRICx Wgtl: 1 15'3 79 A n 0 oRECORD AREA = 8,070± S. F. j II R m 7 �I rn-I i ' l0 I I to I n R I MRxan DHCB MD ASPHALT B. .. Ell ARAM once IMO NOTES. 1. PROPERTY IS SUBJECT TO SPECIAL PERMIT ZBA RE WHALERS LANE /x73 -86 RECORDED AT EX. 260, PG. 336, RE: USES AND STRUCTURES 2 SEE ALSO SPECIAL PERMIT, ME #1025 -92 RECORDED AT BK. 387, PG. 113, RE: PROPOSED ADDITION, PARKING REQUIRE- MENT ETC. (ADDITION HAS NOT BEEN CONSTRUCTED AT THIS TIME CURRENT ZONING: COMMERCIAL DOWNTOWN (CDT) (LC TO CDT ART. 37 2012 ATM) MOD EXHIBIT MINIMUM LOT SIZE:3,750 S.F. EXISTING PARKING PLOT PLAN MINIMUM FRONTAGE: 35' 65 NORM WATER STREET FRONTYARD SETSACK:NONE SIDE AND REAR SEIBACK:O' /5' IN ALLOWABLE G.C.R.:75R NANTUCKET, MASSACHUSEllS EXISTING G.C.R.:20.4Rt B SCALE:1' =10' QATE:04 /16/2013 EXISTING OPEN AREA: 42 %2 ' FOR PROPERTY NN[ DETERMINATION N lNls PLOT RAH / iP ' DEED REFTRENCE:DB. Bk. 1359, Pg. 96 CA D P DEEDS AND PLAS of NECORD. RELIES aN c9W I / "' PLAN REFERENCEPI. Sk. 10, Pg. 49 THE �EFBFIED MEASUREMENTS PL BY FlNOT RTED q5 $A NEREgR. ENA PLAN N R REPRESENTED TO BE q ME IXPMINATGN qt A RECOROgBI£ F +'L ASSESSOR'S REFERENCE PARCEL86 SLRVET I HEREBY CERniY To THE BEST R MY KNOKEDGE MAP:424.2 MAT ( r, ' PREPARED FOR: THE PREMISES SHORN ON THIS RAN AP.E LOCATED BITHIN ME -8- ZONE AS DELINEATED I / 7 '/ " /�( % J LYNNE M. BOLTON ON ME 'FIRM' MAP OF COMMUNITY NO. 250230; MASS. REECT £ 6 -3 -8e BY ME FEDERAL - NANTUCKET SURMEI'DRS LLC EMERGENCY MANAGEMENT AGENCY. RENEED 7-2 -02 5 WINDY WAY NANTUCKET. MA. 02554 (SCALED MAP LOCATION) RSRD F D tea/ 139- 18A.(3) PARKING SPACE SIZE 9x25i0xtfi' PARKING ANGLE e S I 139- tOG(f) BACKING OF KHICLES ONTO STREET 139_19 SCREENING N/F [YJ m 139_20 OFF STREET LOADING sARA S. a'NflLLY. 1RIISIEE 2 @: Rio 42.42-09 P n 93.12' yF CCNCREIS W.U% RC UNITS / V / 1 STM, ❑ //- j/ WJW 0'.'N. IN. 0'.'N. ..mm PAM 2 STORY FP.PNE BUILDING // n�ll \ B !/ 05 U¢ 1O0 031 z ° DO ST / P m RECORD AREA = B4O70t S. F. GRAVELPARKING a zai ' _ IG zg, ! g BrDDK Wnlx I W iD F \1I _ A N glJ rmi P(aaPoSm\m�T— R J 3��11.1t APRON FNOB PSPXALT WN1t - -J WHALERS LANE NOTES PECIA PERMfi, ZBA TILE IS PROPER� 1 pp00 86 RECORDED PTO RE: USES AND STRUCTURES. RECORDED AT 2, SEE ALSO SPECIAL PERMIT, FI #0,,,_92 ALL 113, RE PROPOSED ADDITION. P >RKING REQUIRE- AT THIS TIME BK. PG. MENT ETC. (ADDITION HAS NOT BEEN CONSTRJCIED MCD E%NIBIT CURRENT ZONING COMMERCIAL 2012 ATII) PROPOSED TENT AND PARKING PLOT PLAN ART. 3o RS NORTH WATER STREET MINIMUM LOT SIZE: 3.750 S.F. FRONTAGE:35 IN MASSACHUSETTS MINIMUM FROalARO SETSACK:NONE, REM SETBACK :1 /5' NANTUCKET, SCE..,-.,U OATE:04/16/2013 SIDE AND ALLOWABLE G.C.R.:T5% (PROPOSED 39 %— INCLUDES TENT) EXCLUDES TENT) _ DEED REFEREMCEDd. Bk. 1359, P9. 96 10. P9. 49 EXISTING G.C.R.:20.4bi OPEN AREA:42 %3 (PROPOSED 26 %— L_ PUN REFTERENCEPI. Bk: EXISTING FOP MDPMT UNE DE1FS AND N TARS PLOT FLAN ON WRRENT 0®S AND PLANS DE REWRD, SXOYM HFREeX. �, k _ ASSESSOR'S REFERENCE: MAP; 42.4.2 PARCEL: BB RELIES yERIf1E0 BY FlEID MEASTMFH'ENTS AS ims PLAN Is NOT REPRESENTED ro BE A WILE WRVEY. !U PREPARED FOR: ExM11NATGN OR A MOOROASUE I HDLLDY Dmll, I THE BEST 0' MVt NDM�EfIGE S11. ✓✓ N:. Uf((.l! J LYNNE M. BOLTON NANNCKEi SURVEYORS LLC mnT THE PREMISES 1 AS DEUNEA= I-MATED MTHN TME B MUNM N0. M=; CF WM (I 5 WINDY WA MA. 02554 NANTUCKET, W THE'FlRN MAP MI55. RCn.�;fi - }06 BY THE iEDERPL _..ancury YPNACFMENT AGENCY. RENSED T -R -P2 SLfl`.£YCAO. LLC N -10201