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Home My WebLink About029-14 21 Broad StreetFee: $450.00 Owner's TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Nantucket Broad Street, LLC PAID APR 11 2014 Jt% .� ✓ 83�'I5 (0 COPY File No. 29-/y c/o Sarah F. Alger, P.C., Two South Water Street, Nantucket, M 02554 Phone Number: (508) 228 -1118 E -Mail sfa @sfapc.com Applicant's Mailing Address Date of Structure(s): all pre -date 7/72 Yes or Building Permit Numbers: 1415 -80, 1068 -13, 1559 -13 Previous Zoning Board Application Numbers: 052 -12 and 036 -13 2 Fairgrounds Road Nantucket Massachusetts 02554 508- 228 -7215 telephone 508- 228 -7298 facsimile s Phone Number. E -Mail: — c � Locus Address: 21 Broad Street Assessor's Map /Parcel: 42.4.2/76' '° rn n; C n > Land Court 1 Ian/Plan Book & Page Plan Book 20, Page File No.: 9 44 -� _� frl Book 1391, Page 51 o - —r1 3 M m Deed Reference /Certificate of Title: Zoning District CDT r] c> iJ Uses on Lot- Commercial: None X Yes (describe) Inn r rki Residential: Number of dwellings 0 Duplex 0 Apartments 2 - - Date of Structure(s): all pre -date 7/72 Yes or Building Permit Numbers: 1415 -80, 1068 -13, 1559 -13 Previous Zoning Board Application Numbers: 052 -12 and 036 -13 2 Fairgrounds Road Nantucket Massachusetts 02554 508- 228 -7215 telephone 508- 228 -7298 facsimile State below or attach a separate addendum of specific special pernuts or variance relief applying for See attached Addendum. 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 /Attorney /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:_ / _/_ Planning Board:JJ_ Building Dept:—/—/— By:_ Fee deposited with Town Treasurer /_/_ By:_ Waiver requested:_ Granted;_/ _/_ Hearing notice posted with Town Clerk: _/_/_ Mailed: _/—/_ & _/___/_ Hearing(s) held on:_ / _/_ Opened on : —/—/_ Continued to:_/ _/_ Withdrawn:_ /_ /_ Decision Due By: _/_/_ Made:_/ _/_ Filed w /Town Clerk:_/ _/_ Mailed:_/_/_ 2 Fairgrounds Road Nantucket Massachusetts 02554 508- 228 -7215 telephone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 (Nantucket Broad Street, LLC, 21 Broad Street, Nantucket, Massachusetts) The Applicant requests an extension until June 30, 2014 and a waiver of the condition in Paragraph 6(c) of the decision in File No. 036 -13, prohibiting exterior construction between Memorial Day and Columbus Day of any year and on Sundays. The property is located at 21 Broad Street, is shown on Nantucket Tax Assessor's Map 42.4.2 as Parcel 76, is shown on plan recorded with Nantucket Deeds in Plan Book 20, Page 44, and is located in the Commercial Downtown (CDT) District. � �' va Town of Nantucket Zoning Board of Appeals RECEIVED BOARD OF ASSESSORS APR 10 2014 TOWN OF NANTUCKET. MA LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER.., Nantu..cket Broad Street, LLC .................... ............................... I........... c/o Sarah F. Alger, P.C., Two South Water Street, Nantucket, WA MAILING ADDRESS . .................................. ............................... PROPERTY LOCATION ...... 21 .Broad Street ........ ............................... I................... ASSESSOR MAP/PARCEL..424.2 /76 ..................... I .................. I......... SUBMITTED BY..... Sarah F. Alger, P.C. .......................... ............................... 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 1 l and Zoning Code Chapter 40A, Section 139 -29B (2). 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Emrna LLC 48 Center Street c/o Dr. Thomas Ginaley Nantucket, MA 02554 700 Old Gulf Rd. 330 Beacon St., #C1I S Bryn Mar, PA 19010 Thirty Three Center St LLC Five Chestnut Street LLC 158 East 64de Street 158 East 641a Street New York, NY 10065 New York, NY 10065 Michael A. Molinar Hummock Pond Assoc LLC 99 Orange Street 450 S. County Road Nantucket, MA 02554 Palm Beach, Florida 33480 Downeyflake Inc. Vanessa Noel Ginley P.O. Box 1444 158 East 646 Street Nantucket, MA 02554 New York, NY 10065 A P T Holdings LLC David L. Hostetler, Trustee c/o Patricia Lassiter P.O. Box 989 330 Beacon St., #C1I S Athens, OH 01945 Boston, MA 02116 Bernard L. Coffin and Carol L. Coffin P.O. Box 1881 Nantucket, MA 02554 Rhoda H. Weviman P.O. Box 1365 Nantucket, MA 02554 Darcy Creech 161 /2 Federal Street Nantucket, MA 02554 Town of Nantucket 16 Broad Street Nantucket, MA 02554 Nantucket Islands Land Bank 22 Broad Street Nantucket, MA 02554 Laurance R Clark 79 Pleasant Street Marblehead, MA 01945 Center St Ackquisition LLC 11 India Street Nantucket, MA 02554 Lee H. Dunn and Th ron Sapp Dunn P.O. Box 1846 Nantucket, MA 02554 Eighteen Broad Street LLC c/o Robert Shapiro 273 Lansing Island Drive Satellite Beach, Florida 32937 Twenty Four Broad Street Inc. P.O. Box 1829 Nantucket, MA 02554 a AVERY® M606 Centre of Town LLC c/o Retrain Nantucket LLC P.O. Box 359 Nantucket, MA 02554 Charles G. Carl, Tr. Chestnut Realty Trust 3 Chestnut Street Nantucket, MA 02554 NIR Retail II LLC c/o New England Development One Wells Ave. Newton, MA 02459 Sarah F. Alger, Trustee 44 Centre Street Realty Trust PO Box 725 Siasconse; MA 02564 Kenneth B. Spatola 2 Kings Highway, Unit 3 Hampton, NH 03842 Catherine M. Dutton and Gardiner Dutton, Tn. P.O. Box 1046 Nantucket, MA 02554 Charles M. Cad and Diane J. Carl 2 Chestnut Street Nantucket, MA 02554 Edward S. Grenaan, Jr., Trustee 24 Broad Street Realty Trust P.O. Box 1829 Nantucket, MA 02554 Tracy W. Root & Susan Root 3310 W. Crown Pointe Blvd Naples, FL 34112 Richard J. Glidden Kathryn L. Glidden P.O. Box 816 Nantucket, MA 02554 ttiquettes faciles a peler I A Repliezblahachureafinde waa AverY.ran Sens de Utilisez le gabarit AVERY® 51600 j chargement reveler le rebord Pop -upac 1400AVERY Easy Peel* labels ♦ Bend along lim to I ® AVERY® Si609 Use Avery® Template 51600 j feed Pape °Pox P°P°P Edge° j L Restozationack LLC Dennis W. Perry and Martha G. Petty Beatrice S. Knox Johnston C/o Lydia Zinzi 13 Bank Street Huntington Realty Trust 763 Santa Fe Trail New Canaan, CT 06840 P.O. Box 1828 Franklin Lakes, NJ 07417 Nantucket, MA 02554 Malcolm W. MacNab Sea Street Realty Trust Brass Lantern LLC 13 N. Water Street 9 Austin Farm Drive 11 N. Water Street Nantucket, MA 02554 Nantucket, MA 02554 Nantucket, MA 02554 Henry G. Fee & Matthew Fee, Tn. Nantucket Yacht Club Edward Foley Vaughan P.O. Box 2175 P.O. Box 667 Sandra Holland Nantucket, MA 02584 Nantucket, MA 02554 P.O. Box 659 Nantucket, MA 02554 Nantucket Historical Association Louise W. Collins J. William Holland, Trustee P.O. Box 1016 c/o Harding & Carbone c/o Drie Ham Enterprise Mngmt Nantucket, MA 02554 3903 Bellaire Blvd 25 East Erie St Houston, TX 77025 - Chicago, IL 60611 23 Broad Street LLC Wendy M. Hudson, Trustee Nantucket Land Council, Inc. c/o Brotherhood of Thieves Rest. Gr JJM nominee Trust Post Office Box 502 45 Sparks Ave. 25 Broad Street Nantucket, MA 02554 Nantucket, MA 02554 Nantucket, MA 02554 Byron & Suzanne Lingeman, Tn. PNL New Era I.LC Kevin D. & Katherine A. Davidson The Tm Ash Street Nominee Trust 2100 Ross Avenue, Ste 2900 21 Woodhill Road 9 Edmonds Road Dallas TX 75201 Newtown, PA 18940 Wellesley, MA 02481 Michael C. Veysey, Trustee Roberta A. Conti, Trustee Le Select Properties LLC 330 Blackland Road Twelve North Nominee Trust c/o Candice Miller & Edward Bernard Atlanta, GA 30342 147 Roger Williams Ct 2 Windy Way #205 Portsmouth, RI 02871 Nantucket, MA 02554 Sam S. O'Reilly, Tr. Lynne M. Bolton Obed Joy LLC 7 N. Water Street Realty Trust 630 Oenoke Ridge Road c/o Wylie Collins P.O. Box 1436 New Canaan CT 06840 149 Parsonage Road Nantucket, MA 02554 Greenwich, CT 06830 James Davison John P. Coale & Greta V. Coale Mary S. Parker 222 Loblolly Lane 2901 Fessencim St, NW P.O. Box 151 Choudnmt, LA 71227 Washington, DC 20008 Nantucket, MA 02554 William J. Boardman II Diann W. Graeber - John T. Dinah, Jr., etal Susan Boardman 4 Ash Street P.O. Box 897 P.O. Box 1027 Nantucket, MA 02554 Portland, ME 04104 Nantucket, MA 02554 ttiquettes faciles it peler ♦ Repiiez a la hachure afin de wwwavarysem Utilisez le gaharit AVERY® 51600 J chargement MOW le retard Pop-up-, 14600- WAVERY Easy Peel® labels Use Avery® Template 51608 Donald J. Pegg, etal 20B Farmington Drive Shrewsbury, MA 01545 Margaret Coffin LLC 29 I. udet Laae Gteenwich, CT 06831 Middle C LLC c/o Melissa Philbdck P.O. Box 359 Nantucket, MA 02554 58 East Main St. LLC c/o Centerboard Guest House 8 Chester Street Nantucket, MA 02554 Bend along lineto i ® AVERVO5760• i ` Feed Paper � expose Pop-up Edge •" A Sara S. O'Reilly, Trustee Theodore J. Giletti 9 N. Water Street Realty Trust Andrea C. Giletti P.O. Box 1436 47 Center Street Nantucket MA 02554 Nantucket, MA 02554 Priscilla E. Whalley, Tr. T. Conrad Wetterau P.E. Whalley Revoc. Trust Marguerite Wetterau 52 Center Street 174 Highland Street Nantucket, MA 02554 Weston, MA 02493 Nantucket Yacht Club 22 Federal LLC Post Office Box 667 PO Box 359 Nantucket, MA 02554 Nantucket, MA 02554 Etiquettes faciles a peler A Repliezalahachureatinde w .averyxom Utilisez le abarit AVERY 5160® Sens de reveler le rebord Pop -up"• 1- 800 -GO -AVERY 9 j chSens dont j l Bk: 01409 �IWN�II Bk. 1405 Pp: 141 Pape: 1 of 7 Doc: MGP 10/21/2013 02:58 PM TOWN OF NANTUCKET RECEIVED BOARD OF APPEAL913 23 rn 1 9'9 NANTUCKET, MASSACHUSETTS'M54TOWN CAER,c Date: September 19, 2013 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 036 -13 Owner /Applicant: Nantucket Broad Street, LLC 21 Broad Street 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 meat be given to the Town Clerk so as to be received within such TWENTY ya. �rd�X. Toole, Chairman cc: Town Clark Planning Board Building Commisaionar /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 NANTUCEET ZONING HOARD OF APPEALS OFFICE AT 509- 228 -7215. Bk: 01409 Pg: 145 NANTUCKET ZON2NG BOARD OF APPEALS Two Fairgrounds Road Nantucket, Maesaahasatts 02554 Assessor's Map 42.4.2, Parcel 44 Deed Book 1391, Page 51 21 Broad Street Plan Book 20, Page 44 Commercial Downtown DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, July 11, 2013, at 1:00 P.M., Four Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of NANTUCKET BROAD STREET LLC, c/o -Sarah F. Alger, P.C., Two South Water Street, Nantucket, Massachusetts, 02554, File No. 036 -13: 2. The Applicant is requesting a modification of the Special Permit granted in our File No. 052 -12 to replace the approved site plan to reflect the footprint - approved by the Nantucket Historic District Commission on June 11, '2013. The Applicant also seeks to alter the three (3) bedroom innkeeper's apartment so that two (2) apartments (for the inn keeper or employees) totaling three (3) bedrooms will be allowed. Pursuant to Nantucket Zoning Bylaw (the "By -law ") SS139- 33A(4) and (5), the Applicant also seeks Special Permit relief to alter and extend the nonconforming structure, without increasing the nonconformities, as to the requirement for one (1), additional parking space. To the extent necessary, the Applicant also seeks a Special Permit pursuant to Bylaw 5139 -20C to waive the off - street loading facilities and of site plan review pursuant to Bylaw 5139 -23, The Locus is located at 21 Broad Street, is, shown on Assessor's Map 42.4.2 as Parcel 76, and evidence of owner's title is recorded with Nantucket Deeds in Book 1391, Page 51. The Locus is located in the Commercial Downtown (CDT) Zoning District. 3. Our decision is based upon the application and accompanying materials, representations, and testimony received Bk: 01409 Pg: 146 at our public hearing. There was no Planning Board recommendation on the basis that no matters of planning concern were presented. There were no letters in favor- o£, or in opposition to, the application. - 4. Attorney Sarah Alger represented the Applicant the hearing. Attorney Alger explained to the Board that the Applicant is seeking a modification of the Special Permit granted by this Board in Case No. 052 -12 to replace the site plan entitled, "Proposed Conditions Site Plan to accompany Zoning Board of Appeals Application," prepared by - Blackwell 3 Associates, Inc., dated February 21, 2013, attached to the Decision in Case No 052 -12 as "Exhibit A" with a site plan entitled, "Proposed Conditions Site Plan to accompany Zoning Board of Appeals Decision Modification," prepared by.Blackwell s Associates, Inc., dated November 16, 2012, revised July 1, 2013." The new site plan reflects and conforms to the footprint of the structure as approved by the Nantucket Historic District Commission on June 11, 2013. As modified the structure would now meet rear yard setback, and the ground cover -would increase from about 994 as currently approved to about 50.34,. still well below the maximum permissible ground cover of 754. The Applicant also seeks to modify the special Permit in Case No. OS2 -12 to change the three (3) bedroom innkeeper's apartment in the basement to two (2) apartments having a total of three (3) bedroom (one having two (2) bedrooms, and one having one (1) bedroom) to be used as an innkeepers apartment and /or for employees of the inn. Such modifications require Special Permit relief under Bylaw 55139- 33.A.(4) and (5) (alteration of preexisting nonconforming structures and uses) to alter and - extend the existing structure on the Locus without increasing the nonconforming nature of said structure and By -law 5139 -18.B (Off- street parking requirements) as to the one (1)i additional parking space required as a result of 'the second: apartment, bringing the total number of spaces required from thirteen (13) to fourteen (14). Bk: 01409 Pg: 147 The parking requirements are calculated as follows: Use Requirement Approved Required Proposed Required in Case as as No. 052- Approved Proposed 12 Guest rooms 3 plus 1 27 rooms 11 27 11 for each 3 - units over 2 Apartments/ 0.3 /bdrm 1 3 -bdrm 1 1 2 -bdrm 2 Bedrooms innkeeper innkeeper apt apt; 1 2- bdrm ; employee apt Employees 1 for each 3 1 3 1 3 on peak shift Total 13 14 To the extent necessary, the Applicant is also seeking a special permit under By -law 5139 -20.0 as to off - street loading facilities and minor site plan review pursuant to By -law 5139 -23 or a waiver of such requirement. 5. The Locus is nonconforming as to use, . now being permitted as a twenty -seven (27) room guest house with a three (3) bedroom innkeeper's apartment. The Locus is also nonconforming as to parking, having no conforming parking provided. Furthermore, the structure on the Locus has proposed in the prior decision is nonconforming as to height and rear yard setbacks, being sited as close as 1.99 feet from the rear yard setback in a zoning district that requires a five SS) foot rear yard setback. 6. Accordingly, after a discussion with the Applicant, by a UNANIMOUS vote of the sitting Board, the Board of Appeals made the finding that such Special Permit relief pursuant to Nantucket Zoning Bylaw §5139- 33.A(4) and (5), 139 =18.B, 139 - 20.C, and 139 -23 to (a) modify the Special Permit granted by the Nantucket Board of Appeals in Case No. 052 -12 (i) by replacing the site plan entitled, "Proposed Conditions Site Plan to accompany Zoning Board of Appeals Application," prepared by Blackwell d Associates, Inc., dated February 21,. 2013, attached to the Decision in Case No 052 -12 as "Exhibit A" with a site plan entitled, "Proposed Conditions Site Plan to accompany Bk: 01409 Pg: 148 Zoning Board of Appeals Decision Modification," prepared by Blackwell 6 Associates, Inc., dated November 16, 2012, revised July 1, 2013," to reflect and conform to the footprint of the structure as approved by the Nantucket. Historic District Commission on June 11, 2013, and (ii) by changing the three (3) bedroom innkeeper's apartment in the basement to two (2) apartments having a total of three (3) bedrooms (one having two (2) .bedrooms, and one having one (1) bedroom) to be used as an innkeeper's apartment and for employees of the inn, bringing the total number of spaces required from thirteen (13) to fourteen (14); and (b) to waive the provision of an off - street loading facility would be in harmony with the general purposes and intent of the Bylaw and would not be substantially more detrimental to the neighborhood than the existing nonconformity, and voted to grant the requested relief with the following conditions: a. That all work shall be done in substantial compliance with the approval of the Nantucket Historic District Commission; b. That all work shall be done in substantial '. compliance with the site plan entitled, "Proposed Conditions Site Plan to accompany Zoning Board of Appeals Decision Modification," prepared by Blackwell 6 Associates, Inc., dated November 16, 2012, revised July 1, 2013," prepared by Blackwell 6 Associates, Inc., dated November 16, 2012, revised July 1, 2013, attached hereto as "Exhibit A "; c. That there shall be no exterior construction between Memorial Day and Columbus Day of any year and there shall be no work on Sundays; d. That there shall be no food service other than the continental breakfast currently served to inn guests; e. That there shall be no amplified music or exterior speakers; and f. That NRTA passes shall be provided`to the employees. 7. In a separate motion, by a UNANIMOUS vote of the sitting Board, the Board of Appeals granted minor' site plan review pursuant to Nantucket Zoning Bylaw Section 139 -23. SIGNATURE PAGE TO FOLLOW 4 Assessor's Map 42.4.2, Parcel 44 21 Broad Street Dated:ld,09A, 2 10 13 Nantucket, ss. Bk: 01409 Pg: 149 Deed Book 1351, Page 51 Plan Book 20, Page 44 n usan Mc t Mark P Geoff Thayer COMMONWEALTH OF MASSACHUSETTS On this Z? day of , 2013, before me, the wu ersignedM fl�ota�ry Public, personally appeared lR1A tt.� who is personally known to me, and who i 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 I CERTIFY THAT IO DAYS HAVE ELAPSED AFFER THE DECISION WAS FILED IN THE OFFICE OF TILE TOWN CLERK AND THAT NO APPEAL HAS BEEN FILED, PURSUANTTO GENERAL IAWSNI,SECTTON 11 0' _ TOWNCLERK OCT 1 6 °pia expires: F Bk: 01409 Pg: 150 �-XRI(IT A cumwr lvnnc clwgfF/,Tp4 ; �.:wob m.m..a uMpm: lca,) PN�r cuagr<v uuepr wi me nw sr T�P.. 7M4 S ..a r MpYYN :PONi14E m R, sR RMI SM RNI WX PUN pNT y SM6. o rt. so PUN 5¢ PVJI SU cw: SVY SEIYCRK 0 R. $fF PLW SQ P1µ SQ PVN ^M11N0 d4R l )Sl y.PS ! µ.pp 1 Sp.Ji i 0-� Y a0 term w..s s'� BRO F� �Pivv.r�an REF[ D`CE SPEC:4 PERMT Zd! NO 152-IZ 'nUM 41171',% DEED 80p IJ91 Pa IZ. 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BLWZVZU & �CLOTA ke t01LSYILt�tZR9i WN1 raw) YISd pe66N (6M1 sxs -uoN A 1� TOWN OF NANTUCKET RECEIVED BOARD OF APPEALSSy 16 Pn s 18 NANTUCKET, MASSACHUSETTS 02�OWN CLERK Date: May 16, 2014 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 029 -14 Current Owner /Applicant: NANTUCKET BROAD STREET, LLC Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed with the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the Decision must be brought by filing a complaint in Land Court within TWENTY (20) days after this day's date. Notice of the action with a copy of the complaint and certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20) days. 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. NANTUCKET ZONING BOARD OF APPEALS Two Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 42.4.2, Parcel 76 Deed Book 1391, Page 51 21 Broad Street Plan Book 20, Page 44 Commercial Downtown (CDT) DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, May 8, 2014, at 1:00 P.M., Four Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of NANTUCKET BROAD STREET LLC, c/o Sarah F. Alger, P.C., Two South Water Street, Nantucket, Massachusetts, 02554, File No. 029 -14: 2. The Applicant is requesting a Modification of the Condition found in Paragraph 6(c) of the previously granted Special Permit (ZBA File No. 036 -13), which provides "[t]hat there shall be no exterior construction between Memorial Day and Columbus Day of any year and there shall be no work on Sundays." The Applicant is requesting an extension of the construction prohibition from Memorial Day to June 30, 2014, to complete construction that has been commenced but delayed due to both the Town's construction project along Broad Street and unusually severe weather. The Locus is situated at 21 Broad Street, is shown on Nantucket Assessor's Map 42.4.2 as Parcel 76, and on Plan Book 20, Page 44. Evidence of owner's tide is recorded with Nantucket Deeds in Book 1391, Page 51. The site is zoned Commercial Downtown (CDT). 3. Our decision is based upon the application and accompanying materials, representations, and testimony received at our public hearing. There was no Planning Board recommendation on the basis that no matters of planning concern were presented. There were no letters in favor of, and three letters in opposition to, the application. Several abutters appeared at the hearing and voiced concerns that are addressed in this decision. 4. Attorney Sarah Alger represented the Applicant at the hearing. Attorney Alger explained to the Board that the Applicant is seeking a modification of the condition in Paragraph 6(c) of the Special Permit granted by this Board in File No. 052 -12, recorded with Nantucket Deeds in Book 1391, Page 42, as previously modified in File No. 036 -13, recorded with Nantucket Deeds in Book 1409, Page 144, which provides "[t]hat there shall be no exterior construction between Memorial Day and Columbus Day of any yea and there shall be no work on Sundays." While the project had been progressing according to schedule, recent construction delays occurred due to circumstances beyond the control of the Applicant, namely, unusually severe weather and the Town's public works project along Broad Street, which resulted in the road being closed and impassable for significant periods of the winter. The applicant noted that completion of the project was anticipated in order to open during the 2014 summer and is further seeking to avoid leaving an unsightly, partially finished building in the core district during the summer months. While acknowledging that there can be periods of decreased tourist activity during the month of June, the Board indicated that Nantucket has a very short three month season and that it is important to businesses and residents that the downtown be quiet, open for business, and not subject to the negative impact of ongoing construction projects. 5. Accordingly, after a discussion with the Applicant, by a vote of four to one (4 -1) (Kerim Koseatac opposed) of the sitting Board, the Board of Appeals made the finding that the requested modification of the condition in Paragraph 6(c) of the existing Special Permit, as previously modified, in Cases Nos. 052 -12 and 036 -13, pursuant to Nantucket Zoning Bylaw §§139-30, would be in harmony with the general purposes and intent of the Bylaw and would not be substantially more detrimental to the neighborhood than the existing nonconformity, and voted to grant the relief with the following conditions: a. No exterior work shall take place from 1:00 PM on Friday, May 23, 2014 through Memorial Day, Monday, May 26, 2014. b. Exterior work may resume at 8:00 AM on Tuesday, May 27, 2014, and continue until 4:00 PM on Saturday, June 7, 2014. C. Except as otherwise specified above, between May 27, 2014 and June 7, 2014, exterior work may begin at 8:00 AM and shall end no later than 5:00 PM. d. There shall be no exterior work on Sunday, June 1, 2014. e. During the period from May 27, 2014 through June 7, 2014: (i) The exterior work shall consist of painting and softscape landscaping only. Ongoing routine maintenance is not covered by the restrictions on exterior work. (ii) There shall be no exterior operation of power equipment, including, but not limited to, saws, drills, compressors, or sanders. (iii) There shall be no amplified exterior music or radios. f. Exterior work may resume at 8:00 AM on October 14, 2014. g. The project manager shall provide his cell phone number to abutters who request it so that they can report nuisance issues related to the project. The project manager shall make every effort to address their concerns in a timely manner. h. Except as modified herein, the Special Permit decision granted by this Board in Case No. 052 -12, recorded with Nantucket Deeds in Book 1391, Page 42, as previously modified in Case No. 036 -13, recorded with Nantucket Deeds in Book 1409, Page 144, remains in full force and effect. SIGNATURE PAGE TO FOLLOW Assessor's Map 42.4.2, Parcel 76 Deed Book 1391, Page 51 21 Broad Street Plan Book 20, Page 44 Commercial Downtown (CDT) Dated: M�,2014 z r. Kerim Koseatac (opposed) COMMONWEALTH OF MASSACHUSETTS Nantucket, ss On the 1 JAN day of 2014, before me, the undersigned notary public, personally appeared Q, (L PUO 2 , 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 be signed the foregoing instrument voluntarily for the purposes therein expressed. No Public: My commission expire LYNELL D. VOLLANS Notary Public 719'0 RCommenwwht, of Massachusetts 'AV19d /// My Commission Expires Camber 28, 2018