HomeMy WebLinkAbout015-14 48 Main StreetFee: $300.00
QWrler's mme(s):Breezin Up, Ise.
File No. ti/sVII
Mailing 2ddress:1115 Route 47 South, Rio Grande, NS 08242
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Phone Number.508- 228- 6688 E-Mai6Yankowasautucketislandld
Applicant's oatne(s): �a� �v tc�. r
Mailing Address: 4!S-D W_"fk Lt—d A47 9 u- NSA /VV /yo1P�
Phone Nuraber:oLU 3 — aS` 3 -(,k l 2. E- Mail:.1 'A" r c-a' a_ ca..t (a,. -(
Locus Address: 48 Main Street, Nantuckd Assessor's Map /Pareel:4231 /191
Land Court Plan /Plan Book & Page /Plan File No.: plan Book 20, Page 124
Deed Reference /Certificate ofTide:612 /283 Zoning DistdctRCDT
Uses on Lot- Commercial: None Yes (describe) retail and offices
Residential; Number of divellingso Duplex Apartments
Date of Structure(s): all pre -date 7/72 Yes or
Building Permit Numbers: 10676 -94, 1573 -80, 1563 -80, 245 -73
Previous Zoning Board Application Nutnbers:065 -92
PAID
P P
A FEB 0 3 2014 A
2 Fairgrounds Road Nantucket Mnssachueetta W" U
508 - 228-7215 tekphose 50 &228 -7298 facsimile BY:
State below or attach a separate addendum of specific special permits or variance relief applying for:
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: Owner*
SIGNATURE: !� Applicant /Attomey /Agent*
*If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency.
OFFICE USE ONLY
Application received on: _/ / — By: _ Complete: Need Copies:
Filed with Town Clerk:JJ_ Planning Board:_/_/_ Budding Dept.:—/—/— By:_
Fee deposited with Town Treasurer.J_/_ By:_ Waiver requested:
Granted: /_ /_ Hearing notice posted with Town Clerk:_ /_/ Mailed: / /
I&.M / /_ & /_/ Hearing(s) held on:—/—/ Opened on: T /_
Conunued to://_ Withdrawn:_/ /_ Decision Due By:_ /
/ _
Made: / _ Filed w /Town Clerk: / /—Mailed:—/—/—
2 Fairgrounds Road Nantucket Massachusetts 02554
508 -228 -7215 telephone 508 -228 -7298 facsimile
Addendum to Application of Breezin Up, Inc., for 48 Main Street, Nantucket, Assessor's Map 4231/191
Applicant seeks to renovate and use the second floor as a residential unit, rather than offices, but would
like the right to be able to convert back to offices in the future without having to go back to the Board of
Appeals.
There is a 1992 Variance stating "no additions or changes to the existing structure shall be permitted
without further relief from this Board" The Applicants would like to strike that sentence altogether, or
in the alternative amend it to define the changes needing approval to be to the exterior of the structure
so that the sentence may then read: "no additions or changes to the exterior of the existing structure
shall be permitted without further relief from this Board."
LAW OFFICES OF
KEITH M. YANKOW
23 FEDERAL STREET - P.O.EOX 675 • NANTUCKET, MA • 02554
www.nantucketislandlaw.com
yanko w'�nan to cketislandlaw.com
Phone: 508-2286688 • Faa: 508 -228 -6698
AUTHORIZATION
I hereby authorize Keith M. Yankow, Esq. to act as agent for Breezin Up, Inc. before the Nantucket
Zoning Board of Appeals.
Dated thisyI day of January, 2014
Breezin Up„ Inc.
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30 South Smith Strut
Nantucket, Mass. 02554
Map 42 -3-1 - 46 Main Street
Parcel 191 292/349
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1,00 Pt Meeting M., Friday, ouly IS, 1992, 1. the Then aid p'ld et
county
Building, Broad Btraet, Mantuct.t, Me ... ch ... tts, en the
Application of TOSSPN P25SEL ego Theodore L. Tillotson, P. O,
Beer 1530, Nantucket, Nave. 02551, Board of Appeals Pile No. 065-
92, the Bwrd wade tpe folle9ing BB(...:
I. Applicant Sc seeking tellaf by Variance under 5139 -32A from
Me rmgultumte of 5139 -S6A (Int ... it, regulations - Lot area,
frontage) to validate tan premise. as Separately c nva,"I. mod buildable lot. The lot co tai.. 1,3091 S.F. and has 20.9513 Of
frontage' a minimum lot eI.. of 3,000 S.F. and 40' of frontage
or. reguiraa in the district. Me premise. caee into comet n
aer nip with an adjoining lot, Which het Isom than the r.qulred'
re n March 15, 1973, d Was conveyed into separate ownership
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.terainationthat the cv t l etl
oiorehay.net ergea ifortaaching
aa
puipo.... The pruism. are located at 48 MAIP 6TR22T, M.....
Map 42.3.1, parcel 191, as Shown in Plan Book 10, page 125. The
property is ..I St.
2. The Becimicn is hosed upon the Application and the materiel.
.omitt.d With it, the te.timony mod eviaan=a presented at the
pouring, o e (1) letter in Opposition to the request for relief,
and emendation oemendation from the Plastic, board that the Variance na
denies and that Me Board determine that the lot. had not surged.
3. Th. evidence presented .novae that the property had been
developed to its present condition by 19.5, von it was Owned
separately from all adjacent land at the time zoning can adopted
on Nantucket in 1972.
4. In March, 1973, the ....r conveyed the property to Nantucket
Institution for Savings (NIS), Which owned the adjoining parcel
at 2 orange Street. NIS hap owed Met portal sine. before the
adoption f zoning.
5. In September, 1950, NIS, then know ae Nantucket Saving.
Pick, couveyed the property at 69 Mein Street out of common
ship, nd after v beequent c nvry antes, Applicant pu
e and in 1998, and he See can d it ever inch.
C. The adjoining lot, 2 Orange Street, contains 3,1021 S.T, and
hes 44.311 feet of frontage on Orange Street. While Me merger
of Me two lots would cure the frontage deficiency for the
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Application No. 065 -92 OECISIM
prams --, by giving it adequate frontage on Orange Street, it
would
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wTFeacombleedtar CeoflLFe
setback Irons N.ira raaltg
lots would
not canply v3N rmng regulrevent., but wold be -lees
-
n complying Nan the ate. of each lot iMividuelly.
'ion The uses in the building et ptesen[ lnclutle storage In the 1
1 basement,
retail on the Slisi floor, and offices On the second
\\ floor,
with an ancillary kitchen. J _
a. STS. Boeid pea o istently velldatad, by Vsrlanv, lot.
whleb do net conply w1N area aM /Cr frontage taqulremente vhlch
ware separated prior to 1965. while nest of Ns pplicationv
Taub wncernad lots
crested by Approval- n0[- taqulietl plane
aubvlttetl under N.G.L.
Ch, <1, 561L, containLg two pre -1955
bu11tl1nge on me lot, the a e principal in
applies this case.
9. The Board finds net the premises merged with the adjacent
Property at 2. Orange Street when they came into coma. ownership
based upon the definition
of ^fat. In the Zoning Bylaw as ^A
ebulldingA
stieet,'Ithatd"a lotsncontain .... rActed before 1935,
and that CFe
co ..your. of no lots into seporata awastes,p
occurred Defor. ..05.
10. Based upon the foregoing findings, antl c neistent with the
Board`s deci.ions in prior c a , the Board finds net A lit ... I
..f.-.t of no pro.isiomof the Zoning Sylaw will r ... it in
aware hardship to the Applicant (in doming his the
marketability if his property), And that relief any be granted In
ihie case
without nullifying or substantially derogmtLg from the
purposes antl intent oI no Bylaw (in "At the
lots are both fully
eewlopad end hews existed e. eoperate lots since before Me
doption of zvningo and that the veltdation of the lot.
s
eeperate will, do n loss urn mfire the presumed status sof the
lots .ince that time) by
unanised. wt., GNANTB Lhe 9u aced
- relief by Variance under
5119 -12A tv Valid.te the prams:: at a
min Street Ad a s parately markat.bl. antl buildable lot, upon
_
the following Condition:
A. no additions or onaM.. to the exitLy tructure shell ]r
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parnitted without further relief frm thla Board.
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TOWN OF NANTUCKET 2014 IBY 27 A(4 11 4
BOARD OF APPEALS ANTU;; ET TOWN CLE
NANTUCKET, MASSACHUSETTS 02554
RECEIVED
Date: May 27, 2014
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 015 -14
Current Owner /Applicant: BREEZIN UP, INC.
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.
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 42.3.1, Parcel 191
35 Main Street Book 612, Page 283
Commercial Downtown (CDT) Plan Book 20, Page 124
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday,
March 13, 2014, at 12:00 p.m., in the Community Meeting Room of the Public Safety
Facility at 2 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following
decision on the application of BREEZIN' UP, INC., 1115 Route 47 South, Rio Grande,
New Jersey 08242, File No. 015 -14:
2. Applicant hereby requests a modification of Condition found in Paragraph 10(A)
of previously granted Variance (Board of Appeals Decision No. 065 -92) which provides
that "no additions or changes to the existing structure shall be permitted without further
relief from this Board." Applicant proposes a change of use from office to residential on
the second floor of the structure and would like to reserve the ability to restore an office
use in the future without returning to the Board. The Locus is situated at 48 Main
Street, is shown on Nantucket Tax Assessor's Map 42.3.1 as Parcel 191, and on Plan
Book 20, Page 124. Evidence of owner's title is recorded in Book 612, Page 283 at the
Nantucket Registry of Deeds. The property is zoned Commercial Downtown (CDT).
3. Our Decision is based upon the application and accompanying materials and
representations and testimony received at the public hearing. There was no Planning
Board recommendation on the basis that no matters of planning concern were presented.
There was no written or oral testimony in favor of, or in opposition to, the application.
4. Attorney Keith Yankow represented the Applicant at the hearing. Applicant
hereby requests a modification of Decision No. 065 -92 to remove or modify the above -
referenced condition. The specific relief sought in said Decision was granted in order to
"validate the premises as a separately conveyable and buildable lot" from an adjoining
lot, 2 Orange Street, with which 48 Main Street was in common ownership from March
1973 to September1980.
In 1992, when prior Variance relief was granted, the Locus was located in the
Residential Commercial zoning district. The lot and structures thereon predate the
adoption of the Zoning Bylaw and are considered pre- existing non - conforming structures.
Currently in the Commercial Downtown zoning district, the pre - existing nonconformities
pertain to frontage, with approximately 20.75 feet of frontage in a zoning district that
requires minimum frontage of thirty -five (35) feet; to rear yard setback, being sited as
close as 2.9 feet from the rear yard lot line where the minimum rear yard setback
requirement is five (5) feet; and to lot area, having approximately 1,309 square feet where
the minimum requirement is 3,750 square feet. The Locus and structures thereon
otherwise conform to the intensity and use regulations of the Zoning Bylaw. The
current uses in the building include retail on the first floor, offices on the second floor,
and ancillary storage on the third floor.
At this time, the applicant intends to convert the existing office on the second
floor into a two- bedroom dwelling unit. Although he proposes to alter the use from office
to residential, he seeks the ability to convert the second floor back to office use without
the need to return before the Board, and therefore asks the Board to either remove or
modify the aforementioned condition which would require him to do so.
With respect to the present request, no parking or loading zone relief is required
for the proposed change in use, because the parking and loading zone requirements for
lots situated within the CDT were eliminated with the unanimous passage of Article 62 at
the 2014 Annual Town Meeting. As a result, the Locus is now conforming with respect
to parking and loading zone requirements.
5. Therefore, the BOARD makes a specific finding that the requested modification
of the prior Variance, granted pursuant to Nantucket Zoning By -law 139 -32, may be
approved and that the specific modification will not change the nature of the relief
granted therein. The proposed alterations will neither increase nor add to the pre - existing
non- conforrnifies. Furthermore, the proposed uses as an office and/or a dwelling unit are
allowed as a matter of right in the CDT zoning district.
6. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board GRANTS
the requested modification to prior Variance, thereby approving the replacement of
condition found in Paragraph 10(A) of Decision No. 065 -92 with the following:
a. The second floor may contain either a dwelling unit or an office, without
need for further relief from the Zoning Board of Appeals, because both
uses are allowed as a matter of right in the CDT zoning district.
b. Except as modified herein, the Variance granted in Board of Appeals
Decision No. 065 -92, recorded with the Nantucket Registry of Deeds in
Book 422, Page 177, remains in full force and effect.
SIGNATURE PAGE TO FOLLOW
Assessor's Map 42.3. 1, Parcel 191
35 Main Street Book 612, Page 283
Commercial Downtown (CDT) Plan Book 20, Page 124
Dated: Maft y?- 2014
Geoff Thayer
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss
On the jO— day of M 2014, before me, the undersigned notary
public, personally appeared dyK ADO one of
the above -named members of the Zoning Board of Appeals 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.
u,L
Notary Pu ic:
My Commission Expiresk, LYNELL D. VOLLANS
Notary Public
11 k4 RCemmonweaah d Mauachusetts
My Commission Expires
December 28, 2018