HomeMy WebLinkAbout038-14 22 Federal StreetFee: $450.00
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�� ► JUN 0 6 2094
BY-
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
File No.
Owner's name(s): Center of Town, LLC, Manager of 22 Federal, LLC
Mailing address: Post Office Box 359, Nantucket, MA 02554
Phone Number: 508 - 901 -4145 E Mail: )'king @remainventures.com
Applicant's name(s): Center of Town. LLC. Manager of 22 Federal , LLC
Mailing Address: P. O. Box 359, Nantucket, MA 02554
Phone Number: 508 - 901 -4145
Locus Address: 22 Federal Street
E -Mail: )'king @remainventures.com
Assessor's Map /Parcel: 42.4.2/31
Land Court Plan /Plan Book & Page /Plan File No.: 37392 -A
Deed Reference /Certificate of Title: 25127 Zoning District CDT
Uses on Lot- Commercial: None Yes (describe) offices
Residential: Number of dwellings Duplex Apartments
Date of Structure(s): all pre -date 7/72 yes or
Building Permit Numbers:
Previous Zoning Board Application Numbers: 050.09 and 02 -14
J
2 Fairgrounds Road Nantucket Massachusetts 02554
508 - 228 -7215 telephone 508 - 228 -7298 facsimile
State below or attach a separate addendum of specific special permits or variance relief applying for:
See Addendum A
attached.
I certify that the information contained 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:_ /_ /_ Building Dept.:—/—/— By:_
Fee deposited with Town Treasurer:—/—/— By:_ Waiver requested:
Granted:_ /_ /_ Hearing notice posted with Town Clerk:—/—/— Mailed:_ /_ /_
I &M_ /_ /_ &_ /_ /_ 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Continued to:_ /_ /_ Withdrawn:_ /_ /_ Decision Due By:—/—/—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 A
22 Federal Street
For the past several years, ReMain Nantucket has been investigating educational opportunities that could be
based in the downtown. Our mission is to strengthen the long term economic, social, and environmental vitality
of Nantucket's downtown, and we believe that the presence of students of all ages year -round will have a
positive impact. At 22 Federal Street we intend to increase the educational opportunities for our community.
In February 2014, ZBA Decision No. 02 -14 provided Special Permit relief for expanding the pre- existing non-
conforming structure in the rear yard setback, increasing the existing ground cover to no more than 55 %,
expanding the non - conforming height of the structure (but no higher than existing), and waiving all
requirements for on -site parking and loading spaces. The approved uses were classrooms, offices, a 45 seat
cafe, and an apartment.
We submit this application for Special Permit relief due to some slight modifications in the proposed uses and
the previously approved plan. The current proposal is to have the educational focus in the building be on a
hospitality and culinary related curriculum, and as a result the building will continue to have classroom and
office spaces and a 45 seat cafe. We have included a take -out station in the cafe (which would be located either
on the first floor or in the basement, but not both) and eliminated the apartment. The current plan also shows
an extension of the building within the rear yard setback as shown on the plans of Milton Rowland and
Associates dated June 6, 2014, attached as Exhibit A. A plan showing the existing and proposed conditions
prepared by Bracken Engineering dated June 5, 2014 is attached as Exhibit B.
The proposed changes in use result in a calculation of 29 required parking spaces, due to the added take -out
station. The uses permitted in Decision No. 02 -14 required 23 parking spaces, so an additional parking waiver is
requested. We ask that the Board continue to waive all on -site parking requirements allowing the
establishment of the outdoor courtyard for use by students and others, and to create an additional on- street
public parking space by eliminating the existing driveway. Two racks for bicycle parking will be provided on the
site.
The rear yard runs along the westerly property line (perpendicular to Broad Street) for this corner lot. As shown
on Exhibit B, almost the entire length of the building is within this rear yard setback, 2/10s of a foot from the
property line at its closest point. In prior ZBA Decision No. 02 -14, Special Permit relief was granted to make
alterations within the rear yard setbacks extending the building to the north, to the south, and in height, with no
part of the structure closer than 2.8 feet from the rear (westerly) border. We propose to reduce the rear yard
setback nonconformity from 2.8 feet to 3.0 feet, but we request relief to extend the building within the setback
along the north property line an additional three feet as shown on the plans.
There would be no alteration to the other aspects of the relief previously granted:
• The height of the existing building is approximately 33 feet. The proposed alterations will be no higher
than the existing non - conformities.
In CDT the minimum lot size is 3,750 sf. The existing property contains a total of about 3,475 sf. Existing
ground cover is approximately 42 %. ZBA Decision No. 02 -14 granted Special Permit relief to increase the
ground cover to no more than 55 %. The proposed plan still has a ground cover of no more than 55 %.
The on -site loading space requirement waiver would continue to apply.
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Property Information
wywtuc,�,4
Property ID 42.4.2 31 +
Location 22 FEDERAL ST i.
Owner 22 FEDERAL LLC
MAP FOR REFERENCE ONLY
NOT A LEGAL DOCUMENT
The Town makes no claims and no warranties,
expressed or implied, concerning the validity or
accuracy of the GIS data presented on this map.
Parcels updated December, 2013
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TOWN OF NANTUCKET
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BOARD OF APPEALS
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NANTUCKET, MASSACHUSETTS 02554-1)
Date: July 18,
2014
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 038 -14
Current Owner /Applicant: 22 FEDERAL, LLC, as Owner / CENTRE OF
TOWN, LLC, as Manager and Applicant
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 42.4.2, parcel 31
22 Federal Street
Commercial- Downtown (CDT)
DECISION:
Certificate of Title No. 25127
Land Court Plan 37392 -A
1. A public hearing of the Nantucket Zoning Board of Appeals was held on Thursday,
July 10, 2014 at 1 PM, at 4 Fairgrounds Road, Nantucket, Massachusetts and the Board made the
following decision on the application of 22 FEDERAL, LLC, as Owner, and CENTRE OF
TOWN, LLC, as Manager (the "Applicant ") c/o ReMain Nantucket LLC, Post Office Box
359, Nantucket, Massachusetts 02554, File No. 38 -14:
2. Applicant is seeking modification of prior relief by Special Permit in (ZBA File
02 -14), registered as Document No. 144114 at the Nantucket Registry District for the Land
Court. Applicant proposes to make the following changes: an education curriculum with a focus
in hospitality and culinary arts; add a take -out station to the previously approved 45 -seat cafe;
eliminating the apartment on the third floor; reduction of the rear yard setback intrusion from 2.8
feet to three (3) feet from the westerly lot line; an extension of the rear yard setback intrusion by
three feet towards the northerly lot line on Broad Street. The Locus is situated at 22 Federal
Street, is shown on Nantucket Assessor's Map 42.4.2 as Parcel 31, and upon Land Court Plan
37392 -A. Evidence of owner's title is recorded at Certificate of Title 25127 on file at the
Nantucket County Registry District of the Land Court. The site is zoned Commercial Downtown
(CDT).
3. Our decision is based upon the application and accompanying materials, and
representations and testimony received at our public hearings. There was no Planning Board
recommendation, on the basis that no matters of planning concern were presented. There was no
opposition, written or oral, to the application.
4. As presented by the Applicant's representative, the uses approved in the above -
referenced Special Permit were classrooms, offices, a 45 -seat cafe, and a third -floor apartment.
The proposed uses have been revised to reflect a shift in the educational focus in the building to
hospitality and culinary arts. The building will continue to have a mix of classrooms and office
spaces, but some of the class space will be used for interactive culinary classes and one
classroom will include a demonstration kitchen component. The cafe, which will still have up to
45 seats, is now proposed to include a take -out station. The apartment originally proposed has
been eliminated from the project. All such uses are permitted by right in the CDT Zoning
District.
5. Applicant proposes to provide a three (3) foot setback from the building to the
westerly lot line instead of the 2.8 foot setback approved in the original Decision, thereby
reducing the intrusion of the building within the rear yard setback. In order to align the new
gable originally approved to accommodate a new interior fire stair along the westerly lot line
with the existing gable on the Federal Street side, Applicant proposed to extend the building
within the rear setback toward the northerly lot line on Broad Street an additional three (3) feet.
These changes are shown on the plans of Milton Rowland and Associates submitted to the Board
and previously approved by the Historic District Commission. The existing and proposed
footprint are shown plan entitled "Site Plan in Nantucket, Ma", prepared by Bracken Engineering
Inc. and dated June 5, 2014, a reduced copy of which is attached herewith as "Exhibit A ".
6. The relief granted in prior ZBA Decision No. 02 -14 remains unchanged, with the
exception of parking and loading zone relief which is no longer required *:
■ 139- 16.E(3) Open space requirement
A waiver is not required when the proposed alterations will bring the locus into
compliance with the 20% minimum open space requirement.
■ 139- 17.C(5) Height limitations
Buildings in the CDT Zoning District may exceed the thirty (30) foot height
limitation provided that the proposed height is complimentary and appropriate to
the scale of the adjoining streetscape which is supported by the existence of
surrounding buildings of equivalent height and the receipt of approval from the
Historic District Commission.
■ 139- 18.B(2) Off Street Parking *
■ 139 -20.0 Off - street loading facilities
* NO LONGER REQUIRED: Pursuant to passage of Article 62 at the 2014 Annual Town
Meeting, amending Section 139 -18.A and 139 -20.A of the Town Code, no additional
parking relief is required in connection with the proposed modifications and off - street
loading facilities are prohibited in the CDT zoning district.
■ 139- 33.A(4) Alterations to pre- existing nonconforming uses
A structure which is pre- existing non - conforming as to use may be extended or
altered provided that the proposed changes shall not be substantially more
detrimental to the neighborhood than the existing non - conforming use.
■ 139- 33.A(5) Extensions to pre - existing nonconforming structures
A structure which is pre- existing non - conforming as to setback distance may be
extended when the extension will not increase the setback intrusion.
■ 139 -33.E (2) Ground Cover increases to pre- existing nonconforming lots
A lot which is pre- existing non - conforming as to lot size and ground cover may be
granted a waiver from the required maximum of 30% when lot area is less than
5,000 square feet in the CDT district where 75% ground cover is permitted.
Ground cover of up to 55% is permitted.
10. Accordingly, by UNANIMOUS vote of the sitting Board, the Zoning Board of
Appeals grants the requested modification of Special Permits granted in ZBA Decision 02 -14
and finds that the amended plans for the renovation and expansion of the pre- existing non-
conforming structure for the proposed uses would not be substantially more detrimental to the
neighborhood. The Special Permit relief, as specified above, is subject to the following
conditions:
(a) The project shall be constructed substantially in compliance with the
plans approved by the Nantucket Historic District Commission in
Certificate of Appropriateness No. 61891 as may be amended, and the
site plan prepared by Bracken Engineering, Inc., dated June 5, 2014, a
reduced copy of which is attached hereto and marked as "Exhibit A."
(b) There shall be no alcohol for sale in the cafe on the premises.
(c) No exterior construction in connection with the project shall occur
between June 15th and October 1 st of any given year.
SIGNATURE PAGE TO FOLLOW
Assessor's Map 42.4.2, parcel 31
22 Federal Street
Commercial- Downtown
Dated: Till I I s , 2014
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss
Certificate of Title No. 25127
Land Court Plan 37392 -A
Geoff Thayer
Michael Angelastr
On the day of JVILI , 2014, before me, the undersigned notary public,
personally appeared ; C k a
:1-1-4 to q,�l A $ I-tiD one of the above -named
members of the Zoning Board of Nantucket, M ssachusetts, 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.
Notary Public:
My Commission Expi&s: LYNELL D. VOLLANS
Notary Public
Commonwealth of Massachusetts
ytt My Commission Expires
December 28, 2018
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