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Home My WebLink About021-14 35 Main StreetFee: $300.00 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Y E D CFi .31 P 0 Z5 10,`; CLERK File No. ZI -if Owner's name(s): Hingham Institution for Savings Mailing address: 55 Main Street, Hingham, MA 02043 Phone Number. 781- 749 -2200 E -Mail: Richard @gliddenandglidden.com Applicant's name(s): same Mailing Address: Phone Number: E -Mail: Locus Address: 35 Main Street Assessor's Map /Parcel: 4231- 210 Land Court Plan /Plan Book & Page /Plan File No.: No Plan Deed Reference /Certificate of Tide: Book 1360, Page 308 Zoning District: CDT Uses on Lot- Commercial: None: Yes (describe) Retail /office /storage Residential: Number of dwellings: 0 Duplex _ Apartments 2 Date of Snucture(s): all pre -date 7/72: yes Budding Permit Numbers: 2009 — 166;10848 — 94;1374 - 07 Previous Zoning Board Application Numbers: 008 — 09; 004 -13 State below or attach a separate addendum of specific special permits or variance relief applying for: SEE EXHIBIT A 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:'ner* SIGNATURE:` AqQ"",/Attomey/Agent* *If an Attorney or other 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:_/_ /_ planning Boatd:JJ_ Building Dept:—/J_ By:_ Fee deposited with Town Treasurer—L/— By:_ Waiver requested:_ Granted:_ /_ /_ Hearing notice posted with Town Clerk:_/J_ Mailed:—/—/— I&M_/_/_ &_ /�_ Hearing(s) held on:_ /_/_ Opened on:—/—/— Continued to:_/_/_ Withdrawn:_/_/_ Decision Due By:J_/_ Made:_ /_/_ Filed w /Town Clerk-_ /J_ Mailed:_ /_ /_ EXHIBIT A Applicant hereby requests Special Permit relief pursuant to Nantucket Zoning By -Law Section 139 33.A(4) (alternation of a pre - existing non - conforming structure) to allow change of use from office to residential on the third floor of the structure. The Applicants were before the Board of Appeals in File No. 004 -13 to change the use on the first, second, and third floors. The Applicant intends to continue using the first floor for office use and the second floor for office use, per Decision No. 004 -13 recorded in Book 1375, Page 297 at the Nantucket Registry of Deeds. However, the Applicant would now like to change the third floor use to residential. In doing so, the Applicant intends to create a duplex, which is allowed by right in the Commercial Downtown (CDT) zoning district. The Locus is nonconforming with respect to frontage, having approximately 23.9 feet of frontage in a zoning district that requires minimum frontage to be 35 feet. The Locus is also nonconforming with respect to rear yard setback, having a porch sited within five (5) feet of the rear yard lot line. The lot and structures thereon predate the adoption of the Zoning Bylaw and are considered preexisting nonconforming structures. The Locus and structures thereon otherwise conform to the intensity regulations of the Zoning Bylaw. The Locus is also nonconforming with respect to parking; however, in Decision No. 004- 13, the Board of Appeals waived the eleven (11) required parking spaces and, to the extent necessary, the loading zone. The previous owner obtained Board of Appeals relief in 2009 (file No. 008 -09). In that decision the board allowed a conversion from office to retail together with a parking waiver and off - street loading zone waiver on the condition "that only retail or office uses, and storage ancillary to said uses shall be conducted upon the locus, unless further relief is granted by this board'. With respect to the present request, no parking relief is required for the proposed change in use because the eleven (11) parking spaces waived in Decision No. 004 -13 were calculated on the basis that ten (10) spaces were required for the office use (2,117 square feet of office area was proposed) and one (1) space was required for the one - bedroom apartment (0.3 spaces required per bedroom). Because 500 square feet of office area on the third floor is being converted to bedroom space, two (2) fewer spaces are now required. Please see chart below for further clarification: Existing Required I Total 2,117 sf office space 1 space for every 200 sf 10 one - bedroom apartment 0.3 spaces per bedroom 1 11 Proposed Required Total 1,6117 sf of office space 1 space for every 200 sf 8 two one - bedroom apartments 0.3 spaces per bedroom 1 9 Furthermore, Warrant Article 62 of the 2014 Annual Town Meeting changes the parking requirements for duplexes in the CDT zoning district to 0. Nonetheless, to the extent necessary, the Applicant is requesting parking relief for the proposed change in use. Therefore, because the proposed change in use will not increase the required parking on the Locus, nor affect the rear yard setback or frontage, the change in use on the third floor of the existing structure from office to residential will not be substantially more detrimental to the neighborhood than the existing nonconformity and the proposed duplex is in harmony with the general purpose and intent of the Zoning Bylaw because such a use is allowed by right in the CDT zoning district. Town and Countv of Nantucket it is If , ,0(231 �. \A`T_✓de 0211- `^ 23.1 R ?t� 12 2 tf 1 4 1"27 423.1123 .nom 74 ,{ 423121 1✓ 4 .I t]8�.1 gov ^il If ®i qurss a4eI.� \ 0. V =188@ 4 2 F4'2>zfi', 4 z Property Information Property ID 42.3.1 210 Location 35 MAIN ST Owner HINGHAM INSTITUTION FORS 42.31140.1 12.:1, to 3 �4 I s0 fi 42Y11147 4 ai -i.fi�3 "2 4 11 azyl_ 42]!1 LI �' 4z11 IMI JIa 42. A 42 it s M � i 3\ �eFipMlE°� MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT The Town makes no ciaims and no warranties, expressed or implied, concerning the wlidlty or accuracy of the GIS data presented on this map. Panels updated December, 2012 i i2 ] Iy140 .. 4 &i14i'p 425191 6 4zs1 m 42 I �- er - --� -. .. .. \!,\!. Alk }�$ k | \| \j |.,! cy� c :9 a. If ..: \j5 y _\ �2! -- .. . . Ai, .! c - ME � \: % °/ � �� L ¥ _ y � � > , t .« J .; Bk: 01375 Pg: 297 ItiglI � q I INNn Bk: 1375 Pg: 297 Page: 1 of 5 Doc: SP 03/19/2013 02:19 PM RECEIVED TOWN OF NANTUCKET EB 25 P(1 1 21 BOARD OF APPE4k§CKET TOWN CLERK NANTUCKET, MASSACHUSETTS 02554 Date: February 25. 2013 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 004 -13 Owner /Applicant: HINGHAM INSTITUTION FOR SAVINGS 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. 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. Bk: 01375 Pg: 298 NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 42.3.1, Parcel Deeds Book 1360, Page 308 210 35 Main Street Commercial Downtown DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, February 14, 2013, at 1:00 P.M., 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of HINGHAM INSTITUTION FOR SAVINGS, c/o Glidden a Glidden, P.C., 37 Centre Street, PO Box 1079, Nantucket, Massachusetts 02554, File No. 004 -13: 2. Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(4) (change in use to a preexisting nonconforming structure) in order to change the use from retail to office for a portion of the first floor, to change the use from storage to residential on the second floor, and to change the use from storage to office on the third floor. .Further, the applicants request relief pursuant to Section 139- 18(8).2 (parking by Special Permit) to waive all of the required parking from this change in use. Further, to the extent necessary, the Applicant is requesting Special Permit relief pursuant to Section 139- 20.(c) (off- street loading zone) to waive the requirement of an off - street loading zone. The Applicant also requests minor site plan review pursuant Section 139 -23. The Locus is situated at 35 Main Street, Assessor's Map 42.3.1, Parcel 210, and evidence of owner's title is recorded at the Nantucket County Registry of Deeds in Book 1360, Page 308. The site 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 of favor of, or in opposition to, the requested relief. Bk: 01375 Pg: 299 4. Attorney Richard Glidden represented the Applicant at the hearing. Attorney Glidden explained to the Board that the Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(4) (change of use to a preexisting nonconforming structure) in order to change the use from retail to office for a portion of the first floor, to change the use from storage to residential on the second floor, and to leave the third floor as storage space. In Zoning Board of Appeals Decision No. 008 -09, the then Applicant requested that all required parking be waived in addition to requesting relief for the change in use. To the extent now necessary, the Applicant is also requesting to waive all the required parking and the Loading Zone requirement. The Applicant calculated that eleven (11) spaces would need to be waived based upon the following calculations: 11 parking spaces (Office square footage = 2,117, 1 space per 200 square feet = 10 spaces; one - bedroom apartment, 0.3 spaces per bedroom 1 space. Total required parking = 11 spaces. 5. Therefore, after a discussion with the agent for the Applicant, the Board finds that such a Special Permit for relief sought by the Applicant pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(4) in order to make whatever interior alterations are necessary to change the use from retail to office for a portion of the first floor, to change the use from storage to residential on the second floor, and to leave the third floor as storage apace would not be substantially more detrimental to the neighborhood because said uses are allowed by right. Additionally, the Board finds that a waiver of eleven (11) parking spaces would be in harmony with the general purpose and intent of the Zoning Bylaw because it would be physically impossible for the Applicant to provide said spaces in the downtown. The Board also finds that a loading zone is not necessary for this type of commercial use. 6. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board of Appeals grants a Special Permit for the relief sought by the Applicant pursuant to Nantucket Zoning Bylaw Sections 139- 33.A.(4) and 139- 18.B.(2) in order to change the use of the preexisting nonconforming structure from retail to office for a portion of the first floor, from storage to residential on the second floor, to leave the third floor space as storage, and to waive eleven (11) parking spaces would not be substantially more detrimental to the neighborhood than the 2 Bk: 01375 Pg: 300 existing nonconformity and would be in harmony with the general purpose and intent of the Bylaw. SIGNATURE PAGE TO FOLLOW Dated: �' WI lah d' ,2013 Bk: 01375 Fig: 301 Michael J. 0' ara Mar Poor Michael Angelaat COMMONWEALTH OF MpAS'SACCHUSFTTS Nantucket ss. 1= V 2013 n On this a �� _QaY of, 2013, before me, the undersigned Notary Public, personally appeared riW '1.r� who is personally known to me, and wbo is the person whose name is signed on the preceding or attached document, and who acknowledged to me thar&she signed it voluntarily for its stated purpose. Note tc My commission expires: (ERTIFY THAT 20 DAYS HAVE'ELAPSED AFTER - I IE DECISION WAS FILED IN THE OFFICE OF THE OWN CLERK, AND THAT NO APPEAL HAS BEEN L F D, PURSUANT TO GENERAL LAWS InA,SECHON 11 /—�!-•'li7r'.Lr'ii MR 1 & 2Pi3 4 cN�y PO: S' P NGS,�cP'K �G N Fm 0 so NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Book 317, Page 148 CDT- Commercial Down Town 35 Main Street DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, March 12, 2009, at 1:00 P.M., in the Conference Room, at 2 Fairgrounds Road, Nantucket,, Massachusetts, the Board made the following decision on the application of ALBERT E. MINUCCI and JUDITH A. MINUCCI, c/o Reads, Gullickeen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 008 -09t 2. Ap@jt„c,0?4,ffl.:_raqueVW, a Special Permit pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(4) (alteration of pre- existing, nonconforming structure or use) tn.Qai?l'ESiv"'chax;.of. ue fro„„(;,gf,so;-�t ail. x£- e. rras�por, t- Snn .,o8= t"hraeifr- etf�kcor +=�and ldin ondw„O :.P,E9aex4<st�iflTg, nonconforming commercial bui g. a Special Permit pursuant to Nantucket Zoning Bylaw Section 139 - 183(2) (parking waiver) tea..°. A.aice -sal _ •sized = -�tY ' '-Wg= apace and za Bp ,d].s ;g.t?U t,,pur"aat,,.to Nantucket Zoning Bylaw Section 139- 20., (off - street loading zone) twaz'Sk2°` iNetsloadng: g�pnne,, The Locus is located is shown on tantucket Tax Assessor s Map A;b'3 (the "Locus "), and the current deed is recorded at the Nantucket County Registry of Deeds in Book- 317, Page 146. The site is zoned Commercial Downtown. 3. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. The Planning Board had no comment on the application. There was no opposition presented at the public hearing. Bk: 01176 Pg: S 4. There currently exists upon the Locus, a pre - existing, nonconforming brick building, with a._�seea3we2y ^ehbp?ontha- #,the, srx4€anaekiB,ck..,G&d3rs� ands ,Gje,t,,fc,�ofiwthebuldsing,� This building is situated among a row of similar historic commercial brick structures along Main Street, most of which are situated on lots which do not meet lot area or frontage requirements, do not provide parking spaces or loading zones, and have buildings upon them which share party walls., do not meet required rear or side yard setbacks, and exceed allowable ground cover. Applicant's current office tenant is vacating the premises, and AppLIS t order to accommodate a new tenant. A retail use requires that additional parking be made available for employees, and an off - street loading zone be provided. It is physically impossible for the Applicant to provide parking spaces or an off - street loading zone upon the Locus. The Board notes that because of the historic nature of the downtown area, the majority of commercial uses on Main Street are located within pre - existing, nonconforming structures, and that changing the office use to a retail use within this nonconforming structure would have no detrimental effect upon the area. The Board further notes that there is public parking available on Main Street, and that there are designated loading zones available for use by merchants on Main Street, and in addition, there is appurtenant to the Locus's right to use a non - public lane located immediately to the rear of the Locus. - 5. The Board finds that the proposed retail use in the nonconforming structure will not be substantially more detrimental to the neighborhood than the existing office use, that it is physically impossible for the applicant to provide any parking spaces or an off- street loading zone upon the Locus, and that the granting of parking and off - street loading zone special permit relief would be in harmony with the general purpose and intent of the by -law, and would not be contrary to sound traffic, parking or safety considerations. By a UNANIMOUS (4 -0) vote, the Board votes to grant the relief requested. 6. The foregoing relief is granted upon the condition that only retail or office uses, and storage ancillary to said uses, shall be conducted upon the Locus, unless further relief is granted by this Board. Signature page follows. Dated: March L, 2009 Bit: 01178 Pg: 4.. COMMONWEALTH OF MASSACHUSETTS Nantucket, as. Marchj�,2009 On Nis,_(1 day of JG4 2009, Wilms me, the undersigned Notary Public, personailyappeared Ln '(t% , who is personally known to me, and who is the person whose name is signed on the precediug or attached document, and who acknowledged to me that helshesigned it voluntarily for its stated purpose. No Public:y My commission expires: q n�(ZOIY I CERTIFY THAT 20 DAYS HAVE ELAPSED AFTER THE DECISION WAS FILED IN THE OFFICE OF THE TOWN CLERK AND THAT NO APPEAL HAS BEEN FILED RSUANTTO GENERAL LAwift cnomH TOWN CLERK APR 0 3 2009 �o s� a� at Town of Nantucket Zoning Board of Appeals RECEIVED BOARD OFASSESSORS FEB 2 5 2014 TOWN OF NANTUCKET, MA LIST OF PARTIES IN INTEREST IN THE MATTER OF TH PETITION OF: PROPERTY OWNER..........( ` / ... Q `l3 MAILING ADDRESS.......... .. I �.. .. % PROPERTY LOCATION...... 4th 4' .. ...... ....... ............................... ASSESSOR MAP/PARCEL.... d II0 SUBMITTED BY........ .V.1�Y.:.. r...V �da^1.... k I ......................... 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)• a o20 /� D E ASSESSOR'S OFFICE TOWN OF NANTUCKET L i 8 qi kaE• � 5 U gv i ee�o° ooeee eee ° °eo.�eva ° °oeveee,•o�re�evem °Nee..., 9999999999999999999999999994'a 9 b 9129909 s 9994488 3 n qk�� NF :°8., &.�� &8,•ea.n��8r8 a �8 ,. 28N4:m N &:rte &. &�. as . �... 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THARON SAPP U S POST OFFICE PEARL STREET REALTY LLC PO BOX 1846 7 FEDERAL ST C/O WAINE NANTUCKET, MA 02554 NANTUCKET, MA 02554 PO BOX 658 NANTUCKET, MA 02554 4231 4231 4231 NANTUCKET ATHENEUM LIBRARY MCKECHNIE D ERIC WILLAUER ANDREW M ETUX 3 INDIA ST PO BOX 356 2INDIA ST NANTUCKET, MA 02554 NANTUCKET, MA 02554 NANTUCKET, MA 02554 4231 4231 4231 NANTUCKET ATHENEUM LIBRARY WEST JOHN & KATHLEEN H TRST JORDAN LUCILLE A PO BOX 808 SEA SPIRIT NOM TRUST PO BOX 776 NANTUCKET, MA 02554 PO BOX 966 NANTUCKET, MA 02554 NANTUCKET, MA 02554 4231 4231 4231 CENTER ST ACKQUISITION LLC WATERFALL ENTERPRISES INC NIR RETAIL LLC I1 INDIA ST 7 UNION ST NEW ENGLAND DEVELOPMENT NANTUCKET, MA 02554 NANTUCKET, MA 02554 ONE WELLS AVE NEWTON, MA 02459 4231 4231 4231 9INDIA STREET LLC ST MARYS RECTORY ST MARYS ROMAN CATHOLIC CHURCH 745 BOYLSTON ST STE 404 6 ORANGE ST 6 ORANGE ST BOSTON, MA 02116 NANTUCKET, MA 02554 NANTUCKET, MA 02554 4231 4231 4231 MASTERS DAVID JR & CIELO ANDREWS VIRGINIA F NIR RETAIL H LLC 7 INDIA ST P 0 BOX 1182 C/O NEW ENGLAND DEV NANTUCKET, MA 02554 NANTUCKET, MA 02554 ONE WELLS AVE NEWTON, MA 02459 4231 4231 4231 NIR RETAIL II LLC 5 ORANGE LLC MICHAEL SCOTT REALTY CORP C/O NEW ENGLAND DEV VIVIENNE STEINBOCK BOX 538 ONE WELLS AVE 4411 COMMANCHE TRAIL NANTUCKET, MA 02554 NEWTON, MA 02159 LOUISVILLE, KY 40207 4231 4231 - 4231 NIR RETAIL II LLC ACK TREETOPS LLC R L FASHIONS OF MASSACHUSETTS LLC C/O NEW ENGLAND DEV 28 CENTER ST C/O LEASE ADM ONE WELLS AVE NANTUCKET, MA 02554 9POLITO AVENUE NEWTON, MA 02459 LINDHURST, NJ 07071 4231 4231 4231 RAYNOR SETH C TRST ETAL NIR RETAIL II LLC NANTUCKET HISTORICAL ASSN BOARDING HOUSE REALTY TRUST C/O NEW ENGLAND DEV PO BOX 1016 12 FEDERAL ST ONE WELLS AVE NANTUCKET, MA 02554 NANTUCKET, MA 02554 NEWTON, MA 02459 4231 4231 4231 BELL ATLANTIC/NE TELEPHONE REMAIN LLC 13 CENTER STREET LLC PROPERTY TAX DEPT -RM 3138 54 MAIN ST 19 CENTER ST PO BOX 152206 NANTUCKET, MA 02554 NANTUCKET, MA 02554 IRVING, TX 75015 -2206 4231 4231 4231 DAVID JEREMY L & PATRICIA A NANTUCKET SAVINGS BANK TEASDALE ANN R 1 GARDNER CT C/O SOVEREIGN BANK PO BOX 157 NANTUCKET, MA 02554 PO BOX 14115 NANTUCKET, MA 02554 READING, PA 19606 4231 4231 4231 WERNER MARIE ANNE LOCHTEFELD JOHN F & JUDITH R T MINUCCI ALBERT E & JUDITH A TR C/O BONOMO MICHELLE A 4 FAIR ST MINUCCI NOMINEE TRUST 905 DOUGLAS AVE NANTUCKET, MA 02554 PO BOX 194 MINNEAPOLIS, MN 55403 BARNSTABLE, MA 02630 4231 4231 4231 BOESCH DOYCE A MURRAY REAL ESTATE TRUST ACK PETTICOAT ROW LLC 4515 W ST NW C/O MURRAY PHILIP C TR 19 CENTER ST WASHINGTON, DC 20007 PO BOX 839 NANTUCKET, MA 02554 NANTUCKET, MA 02554 4231 4231 4231 FISHER KAREN L BANKBOSTON N A PRESERVATION INSTITUTE NANTUCKET IS GARDNERS CT C/O BANK OF AMERICA N A C/O BRUCE DELANEY NANTUCKET, MA 02554 101 N TRYON ST PO BOX 14425 NCI 00103 81 GAINESVILLE, FL 32604 CHARLOTTE, NC 28255 - 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MA 02554 4231 FARRELL FRANCIS X 4 WESTMOOR LANE NANTUCKET, MA 02554 'I C, TOWN OF NANTUCKET RECEIVED BOARD OF APPEALS ni9 ray 9 Phi 3 24 NANTUCKET, MASSACHUSETTS 02554. "'TUCKET Town CLEN Date: May 9, 2014 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 021 -14 Current Owner /Applicant: HINGHAM INSTITUTION FOR SAVINGS 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 210 35 Main Street Book 1360, Page 308 Commercial Downtown (CDT) No Plan iTXy69(�7�1 1. The Nantucket Zoning Board of Appeals held a public hearing on April 10, 2014 at 12:00 p.m., in the Community Meeting Room at the Public Safety Facility at 2 Fairgrounds Road, Nantucket, Massachusetts, regarding the application of Hingham Institution for Savings, 55 Main Street, Hingham, MA 02043, Board of Appeals File No. 021 -14. The Board made the following Decision: 2. Applicant hereby requests a modification of Board of Appeals Decision No. 004- 13, and to the extent necessary, Special Permit relief pursuant to Nantucket Zoning By- Law Section 139 33.A(4) (alteration of a pre- existing non - conforming structure) to allow a change of use from office to residential on the third floor of the structure. The Locus is situated at 35 Main Street, is shown on Nantucket Tax Assessor's Map 42.3.1 as Parcel 210, and evidence of owner's title is recorded in Book 1360, Page 308 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 testimony in favor of, or in opposition to, the application at the hearing. One letter was received in opposition to the matter. 4. Attorney Richard J. Glidden represented the Applicant at the hearing. Applicant hereby requests a modification of Decision No. 004 -13 and, to the extent necessary, Special Permit relief pursuant to Nantucket Zoning By -Law Section 139 33.A(4) to allow change of use from office to residential on the third floor of the structure. The Applicant was before the Board of Appeals in File No. 004 -13 to change the use on the first, second, and third floors. The Applicant intends to continue using the first floor for office use and the second floor for office use, per Decision No. 004 -13 recorded in Book 1375, Page 297 at the Nantucket Registry of Deeds. However, the Applicant would now like to change the third floor use to residential. In doing so, the Applicant intends to create a Duplex, which is allowed by right in the Commercial Downtown (CDT) zoning district. The Locus is nonconforming with respect to frontage, having approximately 23.9 feet of frontage in a zoning district that requires minimum frontage to be 35 feet. The Locus is also nonconforming with respect to rear yard setback, having a porch sited within five (5) feet of the rear yard lot line. The lot and structures thereon predate the adoption of the Zoning Bylaw and are considered pre - existing non - conforming structures. The Locus and structures thereon otherwise conform to the intensity regulations of the Zoning Bylaw. When the prior Special Permit was granted in Decision No. 004 -13, the Locus was considered nonconforming with respect to parking, and, therefore, the Board of Appeals waived the eleven (11) required parking spaces and, to the extent necessary, the loading zone. With respect to the present request, no parking relief is required for the proposed change in use, because the loading zone and parking requirements for lots situated within the CDT were eliminated with the unanimous passage of Article 62 at the 2014 Annual Town Meeting, and, more specifically, the parking requirements for Duplexes in the CDT zoning district are now zero (0). Therefore, the Locus is now conforming with respect to parking and loading zone. 5. Therefore, because the proposed change in use no longer requires relief for parking on the Locus, nor affecst the rear yard setback or frontage, the change in use on the third floor of the existing structure from office to residential will not be substantially more detrimental to the neighborhood than the existing nonconformity and the proposed Duplex is in harmony with the general purpose and intent of the Zoning Bylaw because such a use is allowed by right in the CDT zoning district. 6. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board GRANTS the requested modification to Decision No. 004 -13, pursuant to Nantucket Zoning By- Law Section 139 33.A(4), in order to convert the use on the third floor from office to residential with the purpose of creating a Duplex. SIGNATURE PAGE TO FOLLOW Assessor's Map 42.3.1, Parcel 210 35 Main Street Book 1360, Page 308 Commercial Downtown (CDT) No Plan Dated: M��( , 2014 COMMONWEALTH OF MASSACHUSETTS Nantucket, ss On the day of 2014, before me, the undersigned notary public, personally appeared EdiGoLyLi S • 'TDVU— , 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. No Public: My Commission Expires: LYNELL D. VOLLANS G' +' �j Notary public MY� ommi sii Massachusetts M Commission Expiros December 28, 2018