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HomeMy WebLinkAbout002-14 22 Federal StreetP, y &OR TOWN OF NANTUCKET -1 C 31 FI,42 2 ..28 BOARD OF APPEALS ; 1C1,ET TOWN CLERK NANTUCKET, MA 02554 APPLICATION Fee: $300.00 File No. U I+ Owner's name(s) _—Town of Nantucket Mailing address:_] 6 Broad Street Phone Number._508- 228 -7256_ E- Mail:_hbauer@uantucket- ma.gov Applicant's name(s):Centre of Town LLC Mailing Address: _c /o ReMain Nantucket LLC, P. O. Box 359, Nantucket, MA 02554_ Phone Number:_508- 901 -4141_ E- Mail :_mphilbrick@remainnantucketorg Locus Address: _22 Federal St Assessor's Map /Parcek_42.4.2 /31_ Land Court Plan /plan Book & Page /Plan File No.:_37392 -A Deed Reference /Certificate of Title:_] 9498_ Zoning Disttict_CDT Uses on Lot- Commercial: None_ Yes (describe) _offices Residential: Number of dwellings_0 Duplex Apartments Date of Structure(s): all pre -date 7/72 _yes_ or Building Permit Numbers: Previous Zoning Board Application Nur bers:_050 -09 2 Fairgrounds Road Nantucket Massachusetts 02554 508 -228 -7215 telephone 508- 228 -7298 facsimile State below or attach a separate addendum of specific special permits or variance relief applying for. See Addendum A attached. I certify that the information contained berein is substantially complete and true to the best of my know th e, under e pains and penalties of perjury. awn ��p n���o� /��� SIGNATURE: C `""� /�%- Owner* *If an Agent is OFFICE USE ONLY a signed proof of agency. Application received on:_ /_/_ By: Complete:_ Need Copies:_ Filed with Town Clerrk: _/_/_ Planning Board: _/_/_ Building Dept-.—/—/— By._ Fee deposited with Town Treasurer. _/_/_ By:_ Waiver requested:_ Granted:_ /—/_ Hearing notice posted with Town Clerk: _/ Mailed._/,_/_ I&M_/_/_ &JJ— Hearing(s) held on:_/_/_ Opened on :_/__ Continued to:JJ— Withdrawn :_/_/— Decision Due By:JJ_ Made: /_/_ Filed w /Town Clerk:_/_/_ Mailed:_/ _/_ Fairgrounds Road Navtuckct Massachusetts 02554 508- 228 -7215 telephone 508- 228 -7298 facsimile Addendum A 22 Federal Street For the past several years, ReMain Nantucket has been investigating educational opportunities that could be based in the downtown. Our mission into strengthen the long term economic, social and environmental vitality of Nantucket's downtown, and we believe that the presence of students of all ages year -round will have a positive impact. As you know, our building at 56 Centre will be a focal point for community-based education through the programs of the Nantucket Community School and the Nantucket Community Music Center. Through our collaborations with the collegiate programs which already use Nantucket as their campus — Worcester Polytech, Preservation Institute: Nantucket, and the University of Massachusetts Boston's School for the Environment —we have come to understand the physical facilities that are needed if these programs are going to grow. In particular, the need for evening space for informal study and gathering, rooms where students and teachers can meet to discuss coursework and independent projects, additional classrooms, and more residential opportunities has been identified. Our interest in 22 Federal Street is to address some of those needs by creating a center for educational programming in the downtown. Once renovated, the building would include a student lounge and snack bar or cafe in an excavated basement, office or study spaces and classrooms on the first two floors, and a small apartment on the third floor. While educational programs are expanding over the next several years, our plan would be to treat the building as a traditional commercial one with a cafe in the basement, offices on the second and third floor, and the apartment on the third floor. These uses are all permitted as of right in this CDT Zoning District. We have done an extensive investigation into the condition of the building and the code requirements for these uses, and believe that these uses can be successfully accommodated in this building if additions and alterations are permitted to make the building slightly larger, so it will be handicap accessible with an internalized fire stair and increased interior circulation, and a parking waiver is obtained. Accordingly, we propose to renovate the pre- existing nonconforming structure at 22 Federal Street by adding a gable to the westerly side of the main mass and reconstructing the secondary mass to increase its size and height as shown on the plans of Milton Rowland and Associates dated December 3, 2013, attached as Exhibit A. A plan showing the existing conditions prepared by Bracken Engineering dated December 6, 2013 is attached as Exhibit B. As established in prior ZBA Decision No. 050 -09, the rear yard runs along the westerly property line (perpendicular to Broad Street) for this corner lot. As shown on Exhibit B almost the entire length of the building is within this rearyard setback, 2 /10s of a foot from the property line at it closest point. As a result of the proposed alterations, no part of the structure shall be closer than 3 feet from the rear (westerly) boundary, but the building will be extended within that setback to the north, to the south and in height, as shown in Exhibit A. We request a Special Permit under Section 139 -33 to make such alterations within the rear yard setback. The ridge of the existing building is approximately 33 feet high, and the proposed alterations will be no higher than the existing non - conformities. In CDT the minimum lot size is 3,750 sf. The existing property is approximately 3,500 sf. No change is proposed to the lot. Existing ground cover is approximately 42 %. Proposed ground cover will be approximately 53 %. In the CDT district, 75% ground cover is permitted, however since the lot is less than 5,000 square feet in area, ground cover would be limited to 30%. We request a Special Permit under 139- 33E(2)(a) to increase the ground cover to no more than 55 %. Section 139 -16E provides that at least 2D% of the lot should be free from impervious surfaces. This requirement is not met by the existing improvements, and will not be any worse under the proposed project. Accordingly, we request relief from the 20% open space requirement under 139- 16E(3) to the extent required. With respect to parking, prior Zoning Board decision 050-09 permitted the alteration of the building to add a handicapped lift with the result that three non - conforming parking spaces are provided. The attached parking chart shows that 13 spaces would be required for the current use of the building for offices. If the building were wholly commercial inks proposed use, then 23 parking spaces would be required. As an educational building, the Zoning Enforcement Officer has previously determined that parking for downtown classrooms should be calculated at a rate of 1 for every 8 persons of occupancy, for a total of 21 parking spaces. The renovation in 2009, while providing accessibility to the front porch of the building, did not make the building itself accessible. With this project, an elevator will be provided so that the basement, first and second floors are fully accessible. This requires reconfiguring the stairs to the porch entrance and a clear path from the street to the grade -level handicap accessible entrance thereby making the provision of all but one on -site parking space impossible. We request that the board waive all on -site parking requirements pursuant to 139 -18 G so that an outdoor courtyard can be established for use by students and others, and the on- street public parking space lost due to the existing driveway be restored. Two racks for bicycle parking will be provided within the courtyard area. In addition, we request that any on -site loading space requirement be waived pursuant to Section 139 - 20.0 as there are ample shared loading spaces in the adjacent core area streets. This project is not considered a Major Commercial Development since it has been used as a commercial office and retail building since prior to 1979, and the proposed structural changes and uses do not create more than 4000 square feet of commercial space or create a requirement for more than 20 additional parking spaces. - Special permit relief is requested for the following pre- existing non - conformities: rear yard setback, ground cover for an undersized lot, maximum impervious surfaces for commercial structures, and height. Waivers of parking and loading requirements by special permit are also requested. `o C — m V a v 9� ti r r b a .. ` ry �^ E n v o � a` c � � o � w v Nl o c y E p 3 j Y E o a i o m o n H m- as o E o y Y E E 3 o 0 9 6 a A 0 n 0 E c a r 0 0 0 0 `o v ` a . \ � i \ \ \ - � % \ / ? \ \ \ \\ \� a� a 5 do� \ \ \ / . ■`�� \/ /� < , \ 7TNI | \ \ }\ eYYUaiYna�uumn l's'I xn.a�,,,=a�,9 ,•..,��_= a 1�I S2IYIXKSY9QYV7f0Y N911N j9jli :sxois.aa rvw �nnrw� xancx�aaRYm3rtt i V W RZ 7� NJ , rFr-.MN=7 Iqjg 3 'y i 7� �F sii �a 9 - �� _ la _ o t� m N Z O V ti C O v. F O Z NJ , rFr-.MN=7 Iqjg 3 'y �F sii �a 9 - �� _ la _ o t� m N Z O V ti C O v. F O Z fOCZBZ!dOS ULFINWITWU PdtlllBltl13174N0]il 4'Ltll`A'iStl RQNVI®�ll G�llly i:1�1 li;? ,:•{} SN05V3b e�wrcm ,w.os�w. n �Hr II � E it dII F li t I L. ®� i 10 ISM Im am a ® I I I , n m FM I I I IMP n a �IK Im fm I cm fm IEM Em 111i 11 I I" 1 ® :flel u i ® J In: Ali. "r 1 �i O Sl�ili��d{i n�(�i svunoJbtllNltll)Yv NOI]SI tzu 9auruoaxonnt I'�,i I(�i t18 =.On 31v]s smism 3LVU YW Yaia^�ueµ nsluaPai xs x l 0 FM v m j L6 �e ® 0 i N EEI Em c\ FM ® _ 1 ® no am FM If EM FM �k I / \ §k 41OU �(�G+? ƒ.x' \ ! |� owl >� \/& ar ©� � . ( � \ ; & / !§ ]�! �� 4 � ! \ ! |� owl >� \/& ar ©� � . ( � \ ; & / !§ ]�! �� TOWN OF NANTUCKET RECEIVED BOARD OF APPEAL '14 P99 11 AM 11 07 NANTUCKET, MASSACHUSETTROM ro'+d c�eaic Date: February 26, 2014 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 02 -14 Owner /Applicant: 22 Federal, 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. leze Eleanor W. Antonietti, Zoning Administrator 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- 325 -7587. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 42.4.2, parcel 31 Certificate of Title No. 25127 22 Federal Street Land Court Plan 37392 -A Commercial- Downtown DECISION 1. A public hearing of the Nantucket Zoning Board of Appeals was opened on Thursday, January 9, 2014 at IPM and closed on February 13, 2014, at 12:00 Noon, at 4 Fairgrounds Road, Nantucket, Massachusetts. At the hearing on February, 13, 2014, the Board made the following decision on the application of the TOWN OF NANTUCKET, as Owner, and CENTRE OF TOWN, LLC, Manager of 22 FEDERAL, LLC, as Contract Purchaser (the "Applicant ") c/o ReMain Nantucket LLC, Post Office Box 359, Nantucket, Massachusetts 02554, File No. 02 -14: NOTE: Subsequent to the filing of the application in this matter, Locus has been conveyed to 22 FEDERAL, LLC, which is the present Owner thereof. 2. Applicant is requesting Special Permit relief pursuant to Zoning Bylaw Section 139 -33.A (4) and (5) for alteration or expansion of the pre - existing non - nonconforming structure upon Locus as to rear yard setback; pursuant to Zoning Bylaw Section 139 -33.E (2) as to ground cover for an undersized lot to increase an existing ground cover of 42% to no more than 55 %; pursuant to Zoning Bylaw Section 139- 16.E(3) to reduce the 20% open space requirement for commercial uses; pursuant to Zoning Bylaw Section 139- 17.C(5) and/or 139 -33(A) for alteration and expansion of the nonconforming height of the structure; pursuant to Zoning Bylaw Section 139 -18.11 to waive all requirements for on -sits puking; and pursuant to Zoning Bylaw Section 139 -20.0 to waive all off - street loading spaces. The Locus is situated at 22 Federal Street, being the land registered in Land Court Case No. 37392 and shown upon Land Court Plan 37392 -A, is shown on Assessor's Map 42.4.2 w Parcel 31, and evidence of owner's title is recorded at Certificate of Title 25127 on file at the Nantucket County Registry District of the Land Court. The site is zoned Commercial Downtown (CDT). 3. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearings. There was no Planning Board recommendation, on the basis that no matters of planning concern were presented. No concerns or questions were expressed by the public. One neighbor voiced support for the project. 4. As presented by the Applicant's representatives, the locus consists of an undersized lot with a pre - existing non - conforming building in poor condition, formerly used as a Town office building and which has been used in the past for offices with storage or retail in the basement and an apartment on the third floor. Long term, the Applicant proposes to create a center for educational programming in the downtown district by renovating the building to include a student lounge and snack bar or cafe in an excavated basement, office or study spaces and classrooms on the first two floors, and a small apartment on the third floor. At the outset, until there is sufficient demand for space to be used by educational programs, the Applicant proposes to use the building for commercial purposes with a cafe with seating for 45 patrons in the basement, offices and/or classrooms on the first and second floors, and an apartment on the third floor. All such uses are permitted by right in the CDT Zoning District. 5. In order to accommodate these uses, Applicant proposes to renovate the pre- existing nonconforming structure by adding a gable to the westerly side of the main mass and reconstructing the secondary mass to increase its size and height as shown on the plans of Milton Rowland and Associates submitted to the Board and previously approved by the Historic District Commission. A reduced copy of a plan showing the existing and proposed footprint prepared by Bracken Engineering dated January 6, 2014, is attached as Exhibit A. No part of the reconstructed secondary mass would be more than 30 feet in height. The gable to be added to the westerly side of the main mass would not be higher than the ridge of the main mass which is approximately 33 feet in height. 6. As established in prior ZBA Decision No. 050 -09, the rear yard runs along the westerly property line (perpendicular to Broad Street) for this corner lot. As shown on Exhibit A, almost the entire length of the building is within this rear yard setback, two- tenths (2 /10s) of a foot from the property line at it closest point. As a result of the proposed alterations, no part of the structure shall be closer than 2.8 feet from the rear (westerly) boundary, but the building will be extended within that setback to the north, to the south and in height. A Special Permit pursuant to Section 139 -33 to make such alterations within the rear yard setback has been requested. 7. The locus contains a total of approximately 3,475 square feet in the CDT zoning district where a minimum lot area of 3,750 square feet is required. Existing ground cover is approximately 42 %. The renovation will result in an increase in the size of the building with the proposed ground cover increasing to approximately 53 %. In the CDT district, 75% ground cover is permitted, however since the lot is less than 5,000 square feet in area, ground cover would be limited to 30 %. A Special Permit pursuant to 139- 33E(2)(a) to increase the ground cover to no more than 55% has been requested. 8. With respect to parking, prior Zoning Board decision 050 -09 pemtitted the alteration of the building to add a handicapped lift with the result that three non - conforming parking spaces are provided. The current use of the building for offices with basement storage requires thirteen (13) parking spaces. If the building were wholly commercial in its proposed use, then twenty -three (23) parking spaces would be required. As an educational building, the Zoning Enforcement Officer has previously determined that parking for downtown classrooms should be calculated at a rate of one (1) for every eight (8) persons of occupancy, for a total of twenty -one (21) parking spaces in this case. The renovation in 2009, while providing accessibility to the front porch of the building, did not make the interior of the building accessible. With this project, an elevator will be provided so that the basement, first and second floors are fully accessible. This requires reconfiguring the stairs to the porch entrance and a clear path from the street to the grade -level handicap accessible entrance thereby making the provision of all but one on -site parking space impossible. The Applicants have requested a waiver of all on -site parking requirements pursuant to 139 -18.B so that an outdoor courtyard can be established for use by students and others, and the on- street public parking space lost due to the existing driveway be restored. Two racks for bicycle parking will be provided within the courtyard area. The property currently has 11% open space as calculated pursuant to Section 139 -16E when 20% is required. With the parking area removed from the lot, the resulting open space calculation would bring the property into compliance with the 20% minimum. 9. With respect to any on -site loading space requirement, Applicant requests that it be waived pursuant to Section 139 -20.0 as there are ample shared loading spaces in the adjacent downtown core area streets. 10. This project is not considered a Major Commercial Development since it has been used as a commercial office and retail building since prior to 1979, and the proposed structural changes and uses do not create more than 4,000 square feet of commercial space or create a requirement for more than twenty (20) additional parking spaces. 11. Hours of operation for the caf6 were discussed. The Applicant proposed that there be no limit on those hours as the intention is to create an establishment that will serve food for late -night studying or food. It is understood that this establishment will not serve alcohol. 10. Accordingly, by UNANIMOUS vote of the sitting Board, the Zoning Board of Appeals grants the Special Permits and finds that the renovation and expansion of the pre- existing non - conforming structure for the proposed uses would not be substantially more detrimental to the neighborhood and the waivers of the parking and loading requirements would be consistent with the scenic and historic integrity of this downtown area and not contrary to sound traffic, parking and safety considerations. More specifically, the Board finds that the requested waivers meet the requisite criteria for granting of Special Permits pursuant to the following sections of the Nantucket Zoning Bylaw: 139- 16.E(3) Open space requirement A waiver is not required when the proposed alterations will bring the locus into compliance with the 20% minimum open space requirement. 139- 17.C(5) Height limitations Buildings in the CDT Zoning District may exceed the thirty (30) foot height limitation provided that the proposed height is complimentary and appropriate to the scale of the adjoining streetscape which is supported by the existence of surrounding buildings of equivalent height and the receipt of approval from the Historic District Commission. • 139- 18.B(2) Off Street Parking Relief from the off - street parking requirement may be granted provided that the relief is in harmony with the general purposes and intent of §139 -18 and that compliance with the parking requirements of §139 -18 would be physically impossible for the applicant to provide and be contrary to sound traffic and safety considerations. 139 -20.0 Off -street loading facilities Relief from the off -street loading facilities requirement may be granted provided that the relief is in harmony with the general purposes and intent of §139 -20 and that compliance with the off -street loading requirements of §139 -20 would be physically impossible for the applicant to provide and be contrary to sound traffic and safety considerations. • 139- 33.A(4) Alterations to pre - existing nonconforming uses A structure which is pre- existing non-conforming as to use may be extended or altered provided that the proposed changes shall not be substantially more detrimental to the neighborhood than the existing non - conforming use. 139- 33.A(5) Extensions to pre - existing nonconforming structures A structure which is pre - existing non- confomting as to setback distance may be extended when the extension will not increase the setback intrusion. • 139 - 33.11 (2) Ground Cover increases to pre- existing nonconforming lots A lot which is pre - existing non - conforming as to lot size and ground cover may be granted a waiver from the required maximum of 30% when lot area is less than 5,000 square feet in the CDT district where 75% ground cover is permitted. The Special Permit relief, as specified above, is subject to the following conditions: (a) The project shall be constructed substantially in compliance with the plans approved by the Nantucket Historic District Commission in Certificate of Appropriateness No. 60964 as may be amended, and the site plan prepared by Bracken Engineering dated January 6, 2014, a reduced copy of which is attached hereto and marked as "Exhibit A." (b) There shall be no alcohol for sale on the premises. (c) No exterior construction in connection with the project shall occur between June 15th and October 1 st of any given year. SIGNATURE PAGE TO FOLLOW Assessor's Map 42.4.2, parcel 31 Certificate of Title No. 25127 22 Federal Street Land Court Plan 37392 -A Commercial- Downtown Dated: m&fA 2014 '2 az :Poor COMMONWEALTH OF MASSACHUSETTS Nantucket, ss On the day of 1 2014, before me, the undersigned notary public, personally appeared L %400'1 , one of the above -named members of the Zoning Board of Nantucket, Massachusetts, personally known to me to be the person whose name is signed on the preceding document, and acknowledged that he signed the foregoing instrument voluntarily for the purposes therein expressed. � 29P 3iii gFC'enSg60� 3� _ 4i gill g ypg l E ! 0Ys18 �g ulFFR Z m J H y� j a .. LU g bagg LU U) A9 NO LL CL W 3 t S?Ef1 µ g 1 Y) 6a 0 Z 9 A? d! Yg m gil 0 5a xwbA z Z g F W N �R aeS" F Y $AI Y $ U DZ<l Y YtlA m H y� Y $ U DZ<l Y YtlA H A j s � f 0.a 9� Nantucket Zoning Board of Appeals y s RECEIVED `O9PoRA��\6 1014 JON 10 PM 3 40 NANTUCKET TOWN CLERK Mullin Rule Certification (GL c. 39 Sec. 23D) Pursuant to G.L. c. 39, § 23D, the undersigned member of a board, committee or commission of the Town of Nantucket hereby certifies that he or she has csamined all of the evidence received by the said board, committee or commission at the one session of its adjudicatory hearing on the matter identified below which the undersigned member failed to attend, and that such evidence included an audio or video recording of the missed session or a transcript thereof. This Certification has been executed prior m the undersigneds participating in a vote on the matter and shall be part of the record of the hearing. Board, Committee or Commission: Yom c? n,!'LQl ' /�q(/ W l Subject Matter of Hearing. ty- 1 4 Date of Missed Session: J /f if, 9 G L) I* Signed under the ains and penalties of perjury athis/0 day of A06 , 20 &. O Sigma e 2 Fairgrounds Road - Nantucket, MA 02559 508.228.7215 telephone • 508.228.7298 facsimile