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Home My WebLink About033-14 1 New StreetRECEIVED 2,514 SUN 2 FA 3 43 TOWN OF NANTUCKET BOARD OF APPEALS "1J1UCK'T TO"IN CLERK NANTUCKET, MA 02554 APPLICATION FOR SPECIAL PERMIT �� Fee: $450.00 File No. 3 IT Ownet'sname(s): Edwin N. Hodge, Trustee, One New Street Realty Trust Mailing address: 111 Oxford Road Kenilsworh, Illinois 60043 -1206 Phone Number: 312 - 953 -7265 E- Mail: edwin.hodgefimorganstanleypwm.com Applicant's name(s):Ed win N. Nod a Trustee One. New Street Realty Trust c o Attorney Joseph M. Guay Mailing Address: PO Box 1294, Nantucket, Massachusetts 02554 -1294 Phone Number: 508- 825 - 9099 E -MA: josephmguay aol.com Locus Address: 1 New Street Assessor's Map /Parcel: 73.1.3/35 iasconset Land Court Plan /Plan Book & Page /Plan File No.: Book 1417 /Page 284 Deed Reference/TXjH Edlix NM1a& Zoning District SOH Uses on Lot- Commercial: None_ Yes (describe) Retail (First Floor) Residential: Number of dwellings Duplex Apartments Date of Stmcture(s): all pre -date 7/72 K or Building Permit Numbers: Previous Zoning Board Application Numbers: 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 Attached I certify that the information contained herein is substantially complete and true to the best of my knowledge, uymder the pains and penalties of perjury. M. Guay, Attorney tor Street Realty Trust Owner* Edwin N. Hodge,Trustee SIGNATURE: / ti t%r36&&1VAttomey ] ltXPX nbs�2 M. Guay, Attorney for win N. Hodge,Trustee ^If an Agent is r P �'thiPM9&F JIM R1� li&tuMtase provide a signed proof of agency. OFFICE USE ONLY Application received on:_ /_/_ By:_ Complete:_ Need Copies:_ Filed with Town Clerk:—/—L Planning Board:_ /_ /_ Building Dept.:_ / -/_ By:_ Fee deposited with Town Treasurer: -/j_ 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posted with Town Clerk: -/_ /— Mailed:_/_ /_ &_/_ /_ Hearing(s) held on:—/—/— Opened on:—/—/— Continued to:_ /_ /_ Withdrawn:_ /_ /_ Decision Due By:_ /_ /_ Made:_ /_ /_ Filed w /Town Clerk:_ /_ /_ Mailed:_/_/_ 2 Fairgrounds Road Nantucket Massachusetts 02554 508- 228 -7215 telephone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 Application for Special Permit Edwin N. Hodge, Trustee One New Street Realty Trust 1 New Street Siasconset, Massachusetts Nantucket Assessors Map 73.1.3, Parcel 35 ZONING CLASSIFICATION SOH District Existing Minimum Area: 5,000 Sq. Ft. 9,554 Sq. Ft. Minimum Frontage: 50 Ft. 75.83 Ft. Front Yard Setback: 0 Ft. 6 Ft. Rear /Side Yard Setback: 5 Ft. 151/5, Ground Cover Ratio: 50% 18% APPLICANT/PROPERTY: Edwin N. Hodge, Trustee of the One New Street Realty Trust, u/d/t dated December 16, 2013, recorded at the Nantucket Registry of Deeds on December 23, 2013, in Book 1417, Page 288 (hereinafter referred to as the "Applicant') is the title owner of the real estate known and numbered as 1 New Street, Siasconset, Massachusetts (hereinafter referred to as the "Property ") as evidenced by a deed recorded at the Nantucket Registry of Deeds on December 23, 2013, in Book 147, Page 284. The subject Property is currently zoned Siasconset Old Historic ( "SOH "). ZONING BOARD OF APPEALS RELIEF SOUGHT: Applicant is seeking relief by Special Permit from the Nantucket Zoning Board of Appeals (hereinafter referred to as the `Board "), to use the first (1 ") floor of the primary building located on the Property as retail and office use. PROPERTY TITLE HISTORY: December 23, 2013 — Present Edwin N. Hodge, Trustee One New Street Realty Trust Book 1417, Page 284 May 24, 2002 - December 23, 2013 Much 5, 1998 - May 24, 2002 December 7, 1983 — May 24, 2002 December 16, 1965 — December 7, 1983 Barbara Joan Haffner, Trustee (Successor Trustee to Barbara K. Locke) BKL Nominee Trust Book 757, Page 296 Barbara K. Locke (Silber to Locke — portion of Property) Book 565, Page 252 John H. Locke, Jr. Barbara K. Locke Book 208, Page 9 Catherine J. Desroches a/k/a Catherine Desroches f/k/a Catherine Lane Book 128, Page 372 The first (I ") main floor of the primary building situated on the Property consists of three (3) rooms as shown on the floor plans accompanying the Application. There is a bathroom (toilet and sink) in two (2) of the rooms. The first floor rooms have been used as a gallery and retail sales in the front rooms (fronting New Street) and storage of art work and retail sale items in the rear room since prior to 1972 and the enactment of zoning districts and zoning by -laws. The retail use is considered a pre- existing nonconforming commercial (retail) use within the building located in the SOH Zoning District. Catherine Desroches (f/k/a Catherine Lane) acquired 100% title interest in the Property by deed of Leslie Lane and Catherine Lane recorded on December 16, 1965, in Book 128, Page 372. [NOTE: Catherine Desroches (f/k/a Catherine Lane) owned 50% of the subject Property from November 1, 1956 — see deeds recorded in Book 117, Page 9 and Book 117, Page 373.1 Catherine Desroches owned and operated a retail sales business within the first floor of the building under the name "Past and Present ". The business included a gallery and the retail sales of art works, small antiques, prints, etc. Catherine Desroches operated the "Past and Present" retail business until her death in 1982. Thereafter, John H. Locke, Jr. and Barbara K. Locke acquired the property by deed recorded on December 7, 1983, in Book 208, Page 9. Barbara Locke also owned and operated a retail sales business on the first floor of the primary building. The retail business operated by Barbara Locke similarly involved an art gallery and sales of art, art work and artifacts. Barbara Locke, in her later years, leased the first floor space to artist William Welch. It is Applicant's understanding that artist William Welch operated his art gallery in the front rooms and stored assorted paintings and art works in the rear room on the first floor. Under Barbara Locke's title ownership, the first floor of the primary building on the Property was used as a gallery and retail sales to 2013. Applicant purchased the Property by deed recorded on December 23, 2013, in Book 1417, Page 284. Applicant has entered into a lease for retail use of one (1) of the front rooms on the first floor as a gallery and retail sales of goods. Applicant has been contacted by a person interested in leasing the first floor room in the rear of the primary building (14' X 25' — approximately 350 sq. ft.) as an office. The first floor rear space has two (2) access doors with one (1) exterior door access off the deck, and one (1) interior door access through a front room retail space. There are two (2) designated parking areas on site (12' X 18' and 20' X 26') and on- street parking directly adjoining the Property. The first floor rear space would be leased and occupied during regular office business hours by one (1) person and such occupant of the office space would enjoy the right of use of one (1) parking space. SPECIAL PERMIT RELIEF: Applicant seeks Board approval for relief by Special Permit under §139 -30, and the Use Chart under §139 -7A, as follows: 1. Recognize and find that the Property (locus) is sited in an area of the Village of Siasconset that has residential dwellings and commercial businesses. 2. Validate the retail use of the first floor rooms within the primary building on the Property as a pre- existing and nonconforming use. 3. Determine that expanding the pre- existing nonconforming retail use to retail and office use of the first floor rooms would be in harmony with the past and present use of such Property and retail and office use would not create a substantial detriment to the public good. 4. Grant Applicant relief by Special Permit to allow retail and office use of the rooms on the first floor of the primary building on the Property. m ■ 7 ia.0.21a0 A.': 1 Property Information Property ID 73.1.3 35 ` Location 1 NEW SIAS ST Owner ONE NEW STREET REALTY TRU O a la2l. r 1 MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT The Tawn ..Na. no dame and no ol.1111 t expressed or'mpl ed mncem ng lne vartlly or },-k ,jt accuracy of the GIS data Presented on this map. Parcels updated DacemEe[ 2013 a ]Std 19 ; at ZONING CLASSIFICATION: S MIN AREA: ....... TOa,o S:F MM. FRONTAGE:....... DWGAJdKG FRONT YARD S.B.:.... .. Q17 REAR & SIDE BE, .. .G,7' r" 'vD COVER (R):....✓I N //✓.E'NFW SYAi�ET P/2 >K.C25 /XAL 7X/.3 - 3 7 /r /F All IF,- CLAwsSa / ,'7 -,<4. EXISTING: 9 „s5 Yts.F �3./Y//Y cc. =nz' a Rcr,R�i� 0 ooraaal "VOW.C2 ^^i �eK 1� �L ............. AND NO OTHERS I CERTIFY, TO THE BEST OF MY KNOWLEDGE, THAT THE PRE.!S[� SHOWN ARE LOCATED IN FLOOD HAZARD ZONE: DELINEATED ON F.I gg.M. / COMMUNITY PANEL NUMBER: 250270 -DO ..QV ,, BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. EFFECINE DATE OF MAPS: NOVEMBER 6, 1996 AND 9 PCRIODICALLY REWSED, THIS INSPECTION PUN WAS PREPARED FOR MORTGAGE PURPOSES ONLY AND IS NOT TO BE CONSIDERED A FULL INSTRUMENT SURVEY. THIS PLAN SHOULD ML 91 USED TO ESTABLISH 'PROPERTY LINE Fr' ' -S, HEDGES OR ANY ANCILLARY STRUCTURES ON THE PREMISES. .OPERTY LINES SHOWN RELY ON CURRENT DEEDS. AND PLANS 0, ,,CORD THIS INSPECTION PLAN IS NOT A CERTIFICATION AS TO THE TITLE OR OWNERSHIP & THE PROPERTY SHOWN, OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT TOWN OF NANTUCKET ASSESSOR'S RECORDS THIS PLAN SHALL N07 BE USED FOR ANY OTHER PURPOSE OTHER IRAN ITS INTENDED USE STATED ABOVE. r'lco.,,mm p A..a:o-. Iv. NOT i0 BE RECORDED FA MORTGAGE ' PLAN OF LAND IN NANTUCKET, MA. SCALE. /' = -zo' DATE, NOV, 2,9 Y45 Ro /3 Owner:. B%(/�. �(/Oi'f /iV.E -�. 7T. . ',LOTr & SU'sE;e'C(K Oeed/Cerf.6k:7,�7P�e296plan: F /Gk-. V / -R... TOY Mop: 73 - /.3- 3.'+�iacus:l!✓,E'W.$Ti2e'E MICHAEL CONNOLLY & ASSOC. INC. PROFESSIONAL LAND SURVEYORS 149 SURFSIDE ROAD NANTUCKET, MASSACHUSETTS 02554 K., 508- 228 -8910 C- 7.53< T DWGAJdKG O�� I I /i(RK /N6 � I I ^fRa "l 71*r '� rV VV q p a /,c nfirK Y r/�/tC.vcE h ` I G ............. AND NO OTHERS I CERTIFY, TO THE BEST OF MY KNOWLEDGE, THAT THE PRE.!S[� SHOWN ARE LOCATED IN FLOOD HAZARD ZONE: DELINEATED ON F.I gg.M. / COMMUNITY PANEL NUMBER: 250270 -DO ..QV ,, BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. EFFECINE DATE OF MAPS: NOVEMBER 6, 1996 AND 9 PCRIODICALLY REWSED, THIS INSPECTION PUN WAS PREPARED FOR MORTGAGE PURPOSES ONLY AND IS NOT TO BE CONSIDERED A FULL INSTRUMENT SURVEY. THIS PLAN SHOULD ML 91 USED TO ESTABLISH 'PROPERTY LINE Fr' ' -S, HEDGES OR ANY ANCILLARY STRUCTURES ON THE PREMISES. .OPERTY LINES SHOWN RELY ON CURRENT DEEDS. AND PLANS 0, ,,CORD THIS INSPECTION PLAN IS NOT A CERTIFICATION AS TO THE TITLE OR OWNERSHIP & THE PROPERTY SHOWN, OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT TOWN OF NANTUCKET ASSESSOR'S RECORDS THIS PLAN SHALL N07 BE USED FOR ANY OTHER PURPOSE OTHER IRAN ITS INTENDED USE STATED ABOVE. r'lco.,,mm p A..a:o-. Iv. NOT i0 BE RECORDED FA MORTGAGE ' PLAN OF LAND IN NANTUCKET, MA. SCALE. /' = -zo' DATE, NOV, 2,9 Y45 Ro /3 Owner:. B%(/�. �(/Oi'f /iV.E -�. 7T. . ',LOTr & SU'sE;e'C(K Oeed/Cerf.6k:7,�7P�e296plan: F /Gk-. V / -R... TOY Mop: 73 - /.3- 3.'+�iacus:l!✓,E'W.$Ti2e'E MICHAEL CONNOLLY & ASSOC. INC. PROFESSIONAL LAND SURVEYORS 149 SURFSIDE ROAD NANTUCKET, MASSACHUSETTS 02554 K., 508- 228 -8910 C- 7.53< DWGAJdKG O�� B-) ,R h ` I G v• 7z8..s eKhl ............. AND NO OTHERS I CERTIFY, TO THE BEST OF MY KNOWLEDGE, THAT THE PRE.!S[� SHOWN ARE LOCATED IN FLOOD HAZARD ZONE: DELINEATED ON F.I gg.M. / COMMUNITY PANEL NUMBER: 250270 -DO ..QV ,, BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. EFFECINE DATE OF MAPS: NOVEMBER 6, 1996 AND 9 PCRIODICALLY REWSED, THIS INSPECTION PUN WAS PREPARED FOR MORTGAGE PURPOSES ONLY AND IS NOT TO BE CONSIDERED A FULL INSTRUMENT SURVEY. THIS PLAN SHOULD ML 91 USED TO ESTABLISH 'PROPERTY LINE Fr' ' -S, HEDGES OR ANY ANCILLARY STRUCTURES ON THE PREMISES. .OPERTY LINES SHOWN RELY ON CURRENT DEEDS. AND PLANS 0, ,,CORD THIS INSPECTION PLAN IS NOT A CERTIFICATION AS TO THE TITLE OR OWNERSHIP & THE PROPERTY SHOWN, OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT TOWN OF NANTUCKET ASSESSOR'S RECORDS THIS PLAN SHALL N07 BE USED FOR ANY OTHER PURPOSE OTHER IRAN ITS INTENDED USE STATED ABOVE. r'lco.,,mm p A..a:o-. Iv. NOT i0 BE RECORDED FA MORTGAGE ' PLAN OF LAND IN NANTUCKET, MA. SCALE. /' = -zo' DATE, NOV, 2,9 Y45 Ro /3 Owner:. B%(/�. �(/Oi'f /iV.E -�. 7T. . ',LOTr & SU'sE;e'C(K Oeed/Cerf.6k:7,�7P�e296plan: F /Gk-. V / -R... TOY Mop: 73 - /.3- 3.'+�iacus:l!✓,E'W.$Ti2e'E MICHAEL CONNOLLY & ASSOC. INC. PROFESSIONAL LAND SURVEYORS 149 SURFSIDE ROAD NANTUCKET, MASSACHUSETTS 02554 K., 508- 228 -8910 C- 7.53< ---------- AO X 1 NEW STREET- EXISTING FRO�NTST5 -ALM ALM V4L O x 30 DESIGN vo eox nos NANRICKEt, MA O]5B9 SCPIE', VO' =1' I NEW STREET- EXISTING FRONT STRUCTURE paAwN pr:w pAIE. II -Te -13 AFFIDAVIT I, JOYCE L. COFFIN, hereby depose and say, under oath, that: 1. I am an individual with a residence at 16 Lindberg Avenue, Siasconset, Massachusetts 02564. 2. I make this affidavit of my own personal knowledge and belief. 3. I have been familiar with that certain parcel of land, together with the buildings thereon, now known and numbered as 1 New Street, Siasconset, Massachusetts ( "Property ") since a time prior to 1972. 4. To the best of my knowledge and belief, the Property was owned and used as an art gallery and retail sales of art goods by Barbara Locke and her tenant, William Welch. Prior to ownership by Barbara Locke, it was used as an antique store and art gallery by Catherine Desroches. Signed under the pains and penalties of perjury this qT* day of May, 2014. Joyce L. 06ffln' COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. May 9 2014 On this �>Y day of May, 2014, before me, the undersigned Notary Public, personally appeared Joyce L. Coffin, who is personally known to me, who is the person whose name is signed on the preceding or attached document, and who acknowledged to me that she signed it voluntarily for its stated purpose. otary ublic: My commission expires : p =LINII,11 vr� blic CO:;SAr, NU5ETT5 EZptrea n17 02554. AFFIDAVIT I, JAMES A. COOPER, hereby depose and say, under oath, that: I am an individual with a residence at 8 Lyons Lane, Nantucket, Massachusetts 2. I make this affidavit of my own personal knowledge and belief. 3. I have been familiar with that certain parcel of land, together with the buildings thereon, now known and numbered as 1 New Street, Siasconset, Massachusetts ( "Property") since a time prior to 1972. 4. To the best of my knowledge and belief, the Property was owned and used as an art gallery and retail sales of art goods by Barbara Locke and her tenant, William Welch. Prior to ownership by Barbara Locke, it was used as an antique store and art gallery by Catherine Desroches. Prior to ownership by Catherine Desroches, I have been informed that the Property was used to sell ice. Signed under the pains and penalties of perjury this 1,,IN day of May, 2014. Ja es .Cooper i COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. May /1 ,2014 On this IJ4 day of May, 2014, before me, the undersigned Notary Public, personally appeared James A. Cooper, who is personally known to me, who is the person whose name is signed on the preceding or attached document, and who acknowledged to me that he signed it voluntarily for its stated purpose. otary ublic: My commission expires: & --CI-tND .A fiM CA'lIAry D OMOMNFAITHOFMASUi CHH&ETT-1 My Commi�cion Expires ��Fabr -ry AFFIDAVIT I, RICHARD J. GLIDDEN, hereby depose and say, under oath, that: 1. I am an individual with a residence at 41 Somerset Lane, Nantucket, Massachusetts 02554. 2. I am an attorney licensed in the Commonwealth of Massachusetts with an office at 37 Centre Street, Nantucket, Massachusetts 02554. I make this affidavit of my own personal knowledge and belief. 4. 1 have been familiar with that certain parcel of land, together with the buildings thereon, now known and numbered as 1 New Street, Siasconset, Massachusetts ( "Property ") since a time prior to 1972. 5. I represented John Locke and Barbara Locke when they purchased the Property in 1983. To the best of my knowledge and belief, the Property was owned and used as an art gallery and retail sales of art goods by Barbara Locke and her ,tenant, William Welch. Prior to ownership by Barbara Locke, it was used as an an[iqu [ore and art gallery by Catherine Desroches. ;H Signed under the pains and penalties of perjpry this q day of May, 2014 COMMONWEALTH OF MASSACHUSETTS Nantucket, as. May ' , 2014 iN On this q day of May, 2014, before me, the undersigned Notary Public, personally appeared Richard J. Glidden, who is personally known to me, who is the person whose name is signed on the preceding or attached document, and who acknowledge to me that he signed it voluntarily for its stated purpose. I qt2,y ublic co mission expires: r oa. DAVIS Lil �:.: AcaasEfrs s rs,rnx otapNTUCkFr ' .. Al TOWN OF NANTUCKET RECEIVED BOARD OF APPEALS g F19 21 NANTUCKET, MASSACHUSETTS 02554 �„r T WN C F;;.; Date: August 8, 2014 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 033 -14 Current Owner /Applicant: EDWIN N. HODGE, Trustee of ONE NEW STREET REALTY TRUST 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 2 Fairgrounds Road Nantucket,Massachusetts 02554 Assessor's Map 73.1.3, Parcel 35 Book 1417, Page 284 1 New Street, Siasconset shown as Lot 1 &other lot Sconset Old Historic (SOH) Plan File 41-0 DECISION: 1. The Nantucket Zoning Board of Appeals held a public hearing on June 12, 2014, in the Community Meeting Room at the Public Safety Facility at 4 Fairgrounds Road, Nantucket, Massachusetts, regarding the application of Edwin N. Hodge, Trustee of One New Street Realty Trust, 111 Oxford Road, Kenilsworth, Illinois 60043, Board of Appeals File No. 033-14. The Board made the following Decision: 2. The Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139-33.A in order to expand the pre-existing non-conforming use of the first floor of the premises from gallery, retail sales and storage to retail and office use and, to the extent necessary, relief from the parking requirements of 139-18.B. The Locus is situated at 1 New Street, Siasconset, is shown on Nantucket Tax Assessor's Map 73.1.3 as Parcel 35, on Plan File 41-0. Evidence of owner's title is recorded at Book 1417, Page 284 on file at the Nantucket County Registry of Deeds. The property is zoned Sconset Old Historic (SOH). 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 opposition,written or oral, to the application. 4. Attorney Joseph M. Guay represented the applicant at the hearing. Attorney Guay explained to the Board that the Applicant is requesting that the Zoning Board of Appeals; 1) validate the retail use of the first floor rooms within the primary building as a pre- existing non-conforming use, and 2) grant the necessary relief to alter and expand the pre-existing non-conforming retail use to retail and office use of the first floor rooms. The Applicant is also proposing to convert the garage into a secondary dwelling. Although the proposed use as a secondary dwelling unit is allowed by right in the SOH district, the change of use requires approval by the Board. The premises presently contain two structures, a 1,184 square foot primary dwelling and a 542 square foot garage, which are dimensionally conforming as to setbacks and ground cover. The locus is conforming as to lot area, containing 9,554 square feet in a zoning district with a minimum required lot size of 5,000 square feet, and as to frontage, having 75.83 feet where the requirement is fifty(50) feet. The locus is pre- existing non-conforming as to off-street parking, providing approximately three spaces where eight are required. There are two designated off-street parking areas. The area fronting on New Street measures twelve (12) feet by eighteen (18) feet, comprising one space. The other larger area fronting on Folger's Court measures twenty (20) feet by twenty-six (26) feet, comprising two dimensionally compliant spaces. The first floor of the primary structure consists of three rooms. The two front rooms have historically been used as an art gallery and for retail sales. The rear room has been used for storage of art work and retail sale items in conjunction with the operation of the gallery. These commercial (retail) uses were in place prior to the 1972 adoption of the Zoning Bylaw, and therefore, are considered grandfathered. Attorney Guay explained that the applicant has entered into a Lease Agreement with a tenant who proposes to use the larger of the two front rooms on the first floor as a gallery with retail sale of goods. This use will be seasonal. Applicant intends to retain the retail use of the smaller front room, although there is no current tenant in place. For the purposes of the findings in this decision,the proposed use of the two front rooms will be considered as one retail space. Applicant proposes to lease the 350 square foot room in the rear of the first floor to a year-round tenant who will use the room as an office. There is an existing two-bedroom single-family dwelling on the second floor. 5. The proposed changes of use result in an increased parking requirement from eight to nine spaces, as shown in the table below, and therefore a waiver is required*. EXISTING REQUIRED SPACES TOTAL 1142+1- SF of gross floor area 1 for every 200 SF 6 employees<3 1 for every 3 employees 1 Single family dwelling 1 1 8 PROPOSED REQUIRED SPACES TOTAL 792+1- SF of retail space 1 for every 200 SF 4 350+1- SF office 1 for every 200 SF 2 3 employees 1 for every 3 employees 1 Single family dwelling 1 1 Secondary dwelling unit 1 1 9 * Pursuant to Section 139-18.A(1), "an enlargement of any building or a change in use of a building,which increases the parking requirements beyond what currently exists, shall require the provision of off-street parking for the existing building as if it were newly constructed." After review of the existing parking areas and the required number of spaces, the Board requested that the Applicant create two additional dimensionally compliant (9 feet in width by 20 feet in length) spaces in the parking area fronting on Folger's Court to be associated with the intended uses on the premises. The Board approves the modified parking configuration shown on revised Site Plan, entitled "Site Plan of Land in Nantucket, Ma.", prepared by Michael Connolly & Assoc., Inc., dated July 8, 2014, a reduced copy of which is attached hereto and marked as "Exhibit A". However, this Board does not have the authority to grant a waiver from driveway access requirements pursuant to Section 139-20.1B. There are two driveways, shown on aerial photos taken in 1998, which predate the driveway access bylaw enacted in 1998. The Board determines that the existence of the driveways is grandfathered and therefore no Special Permit relief from the Planning Board is necessary. However, the change required by this Board to the Folger's Court parking area may not be dimensionally compliant with the requirement of Section 139- 20.1B(f) and additional Special Permit relief from Planning Board may be necessary to grant relief from the driveway access requirements pursuant to Section 139-20.1B. 6. Therefore, although the proposed changes in use of the first floor of the primary structure to retail and office and of the garage into a secondary dwelling will result in an increase in the parking requirement from eight to nine spaces, the Board made the finding that a waiver of four spaces and the Special Permit relief requested by the Applicant are in harmony with the general purpose and intent of the Zoning Bylaw, full compliance with the parking requirement would have a significant adverse effect upon the scenic or historic integrity of the neighborhood, and the granting of relief would not be contrary to sound traffic,parking, or safety considerations. 7. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board GRANTS Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139-33.A. for the change in use on the premises and a waiver of four (4) parking spaces pursuant to Section139-18.D subject to the following conditions: a. The existing off-street parking shall be expanded from the three existing spaces to five spaces, thus providing five of the nine required spaces. This shall be done in substantial compliance with the revised site plan entitled"Site Plan of Land in Nantucket, Ma.", prepared by Michael Connolly & Assoc. Inc., dated July 8, 2014, a reduced copy of which is attached hereto and marked as "Exhibit A". b. The two front rooms of the primary structure shall be limited to one retail use. c. Any alteration of the retail and office uses shall require additional relief from the Zoning Board of Appeals. SIGNATURE PAGE TO FOLLOW Assessor's Map 73.1.3, Parcel 35 Book 1417, Page 284 1 New Street, Siasconset shown as Lot 1 &other lot Sconset Old Historic (SOH) Plan File 41-0 Dated: ru and To le JN -....11111116 cCarthy ,,_ 7 .. ./f‘ Mark Poor .V4 Y Kerim Koseatal' Geoffrey Thayer COMMONWEALTH OF MASSACHUSETTS County of Nantucket, ss On the Si day of / , , 2014, before me, the undersigned notary public, personally appeared 'teu , 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.% orego'ng in ument voluntarily for the purposes therein expressed. ' Official ignature and Seal of Notary Public My -1-1°-!!.... -'"-!'... . -' 1 =� LESLIE W00DSON SNELL NOTARY PUBLtC f -.I E e_g�"COMMONWEALTH OF MASSACHUSETTS fI%� My Comm.Expires Sept.23,2018 1 " EXIiiai A ,, ZONING CLASSIFICATION: S Q,y EXISTING: MIN. AREA: . . . . . .. PRQ:S J~ 9..5'.6.`x/ -S 1• MIN. FRONTAGE* .5.0.Ir .:4i...P.44/C FRONT YARD S.B.• f2.AT // REAR &SIDE S.B.• GROUND COVER (Z): . . . S.O'% // • 73.f3�g Z 7311-5-38 ,V/,c- O i(ie7-.4Z"/LSI.,1-C i - I 9xo` //e,STY W/0 a4Q(G.< . C.c,:SY.z= • 9/X,20' S.E • d 9 1x2. Rc 9X L ' 9'X,201 k N s P' !n 73./.3 - 3 7 . it w/7. - - - /�/, ' pecK 07 r"./...4 t4'S AI , si /y sly wA- T.1/r.K l ^ I I Ca'.0. ? //8y-t5.„= • °i`'Pd0 \Y I '` I I I b I .1 ."x:8..3” // -_, f'.QO L'c7 D Pr<2f�/k2 .P0,.-,: `<zvo sliuw SITE PLAN I CERTIFY, AS OF : . .��. THAT OF LAND IN THE BUILDING(S) IS/ RE L` OCATED ON THE GROUND AS SHOWN HEREON. NANTUCKET, MA. �� i„_, (2, AT :r 7 ly g�zoiy SCALE: Z DATE: TuCY ,20/</ PROFESSIONAL LAND SURVEYORi Owner,Q -4%11,✓.5'r? '4-?"i?- rr T�.1-7?r. . ; ' z "4'/-O THIS PLOT PLAN WAS PREPARED FOR THE TOWN Deed/Cert.:a/II/'1/7.FG�$9Plan:40TH4S/ .R.he0(4 OF NANTUCKET BUILDING DEPARTMENT ONLY AND SHOULD NOT BE CONSIDERED A PROPERTY LINE Tox Mop: 7"t?/,3.".r5'Locus: /!�! W. .5.77?-.`�.4'r. . SURVEY. THIS PLAN SHOULD NOT BE USED TO S/.t(sG0/V5.E'7- ESTABLISH PROPERTY LINES, FENCES, HEDGES OR ANY ANCILLARY STRUCTURES ON THE PREMISES. MICHAEL CONNOLLY & ASSOC. INC. THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PLANS OF RECORD. PROFESSIONAL LAND SURVEYORS THIS PLOT PLAN IS NO7 A CERTIFICATION AS TO 1 49 SURF SIDE ROAD TITLE OR OWNERSHIP OF THE PROPERTY SHOWN, OWNERS OF ADJOINING PROPERTIES ARE SHOWN NANTUCKET, MASSACHUSETTS 02554 ACCORDING TO CURRENT ASSESSOR RECORDS. 508-228-8910 C_ 25-.3-6