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Home My WebLink About08-16 35 Centre StreetFee: $450.00 I r4 I C 0) it TOWN OF NANTUCKET Pb A.00, • r r r 6 PM ;r; BOARD OF APPEALS io` n uerl NANTUCKET, MA 02554 Owner's name(s): clew -!`r& Mailing address: C , APPLICATION r6rw7,i ZL<:�f_ 7-own & County Buiidin( E6 Broad St Nantucket, MA 02554 6K File No. 100-16 Phone Number:.? 8- E -Mail: Aye111v" d Ae a //711 G 11 he G' ® Applicant's name(s): Mailing Address: Phone Number: �r � EE -Mail: Locus Address: 35 C el�, ��, Ala PL-L ssessor's Map /Parcel: 'V(2 L Plan File No.: YL4jl Deed Reference „4:- r4' °: / -IeLCG S-& Zoning District Rt_ �/ Uses on Lot- Commercial: None Yes (describe)-- '�e�i -�� Residential: Number of dwellings 0 Duplex Apartments Date of Structure(s): all pre -date 7/72 or Building Permit Numbers 14171 11 to Previous Zoning Board Application Numbers: o q4 - � ::?,, / ° GI & . �a - q 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile Centre of Town LLC 50 Main Street, Box 359 Nantucket, MA 02554 January 19, 2016 Eleanor W. Antonietti Zoning Administrator 2 Fairgrounds Road Nantucket, MA 02554 Re: 35 Centre Street (Map 42.3.1, parcel 03) Dear Eleanor: Centre of Town LLC requests the rescission of the previous decisions rendered by the Zoning Board of Appeals for the above - referenced property, except for with respect to the rear yard setback. The prior decisions (copies enclosed) are: 1. Variance (ZBA file # 046 -80) recorded in Book 180, page 286, permitting construction of two -story office building within the rear yard setback and over ground cover on a pre- existing undersized lot; Modification of Variance (ZBA file #21 -98) recorded in Book 576, page 202, modifying prior relief to reflect actual ground cover of 60.8% based on as -built plan and to validate the siting of mechanical units also within the rear yard setback; and Modification of Variance & Grant of Special Permit (ZBA file #22 -98) recorded in Book, 571, page 302, modifying prior relief to permit a mix of retail and office uses with a maximum of two tenants and granting relief of parking and loading requirements. A copy of the plan by Emack Surveying is also enclosed for your reference, along with a check for the $450 filing fee and a set of abutter labels. Current use of the property is as a bakery with food produced in a commercial kitchen on the second floor and those food products, along with hot and cold beverages and other retail products sold on the first floor. We would like to modify the interior to provide seating for patrons. No exterior renovations are planned, so the intrusions into the rear yard setback will remain as shown on the Emack plan. Given changes in the applicable zoning, we request that the relief granted in ZBA file #22 -98 be rescinded and any condition related to specific uses be released, with the prior variances as to setback remaining in effect. Zler Melissa Philbrick Vice President, Centre of Town LLC ?' TO ISLAND ACQUISITION, LLC 0 % 4 'd nQ c ) 9 111IS IS TO CERTIFY THAT THIS PLOT PLAN AND THE SURVEY ON WHICH IT IS BASED WERE MADE IN "MINIMUM REQUIREMENTS FOR ALTA /ACSM LAND TITLE o d 19 storage °r°a under owning u} ACCORDANCE WITH THE STANDARD DETAIL SURVEYS" JOINTLY ESTABLISHED AND ADOPTED BY ALTA AND NSPS IN 2005, AND INCLUDES ITEMS • 1, 2, 3, 4, 5, 6, 7(0), 11(a), & 13 OF TABLE A THEREOF. PURSUANT TO THE ACCURACY STANDARDS I' 1� i 6' board N,p STRFiI AS ADOPTED BY ALTA AND NSPS AND IN EFFECT ON THE DATE OF THIS CERTIFICATION, THE UNDERSIGNED CID �� Ta ',',rd CID SRO FURTHER CERTIFIES THAT IN MY PROFESSIONAL OPINION, AS A LAND SURVEYOR REGISTERED IN THE o_ LOCUS COMMONWEALTH OF MASSACHUSETTS, THE RELATIVE POSITIONAL ACCURACY OF THIS SURVEY DOES NOT EXCEED THAT WHICH IS SPECIFIED THEREIN. o CURRENT ZONING: R a MINIMUM LOT 512E: 37575 0 SF o• U, MINIMUM FRONTAGE 35 FT FRONTYARD SETBACK: NONE SIDE SETBACK: NONE ff N + Z INMA STREET REAR SETBACK: 5 FT ALLOWABLE G.C.R.: 75% (30X" FOR LOTS < 5000 SF) c F' MAP SCALE: 1" -200'- EXISTING G.C.R.: 60.85 ±(Includes heat pumps) (EXISTING BUILDING COVERS 920± SF) a N Z + l mareM M fiQ d_ S41" �6 1• 0 g ° 0 o �J N ctr b Z ° C� 1 fou3 &S. *P, n I N °yam now go ound yoow• 13• destroyed... ono ®$ NIf RYCNpN° -$ a p A A• 1a? - °� —(ZY x N.T.S tt g, 1j s6 HEIR dhct� found HELD ®eo lY �L 4. A GQO ��2• I o �jA �r +P - ��,a Is S i \IAA 0 % 4 'd nQ c ) 9 o d 19 storage °r°a under owning \\ WATER METER \AND LEGEND dhcb fnd ■ - drill hole In concrete bound found ctr cb Ind ■ - drill hole in concrete bound found NOTES THE CURRENT 0® DOES NOT REFER N 7HE PLAN PREPARED OR LOCUS BY NANTUCKET SURVEYORS, INC• DA11D JULY 21, 1993 ECORDED W PLAN FILE 44-A AT THE NANTUCKET REGISTRY OF DEEDS )THE LOT LINES ON THIS PLAN ARE BASED ON PLAN FILE 44-A DISCREPANCIES ETREEN DEED DIMEN90NS AND PLAN FILE 44-A DIMENSIONS ARE NOTED. .)THE PLAN ON FTE AS PLAN a 2005 -45 DETAILS THE Two BOUNDS A, PLMOS 4e WERE FOUND NOW AND HEREON 15 APPROXIMATE AND IS NOT GUARANTEED TO BE ACCURATE IT IS SHORN FROM THE RESULT OF USING A METAL DETECTOR TO TRACE A SNAKE SENT DOWN THE PIPE 0.) THE SDMT/GUTTER ON THE BUILDING AT 37 CENTRE STREET IS AT THE TOP OF A 2 1/2 STORY BUILDING AND ENCROACHES IN THE AIRSPACE ABOVE LOCUS 7.) PORTIONS OF THE BOARDWALK AND PATH) BLOCKS SERVING 24 BROAD STREET ENCROACH ON LAND OF LOCUS 0.) TWO HEAT PUMPS SERVING 37 CENTRE STREET ARE LOCATED ON LOCUS AND ARE ALLOWED BY AN EASEMENT RECORDED IN DEED BOOK 572/01, WHICH ALSO PROVIDES FOR THE EXISTENCE OF THE ACCESS RAMP AND STOOP FOR LOCUS WHICH ENCROACHES ON 37 CENTRE STREET. 9.)THE BUILDING DOES NOT CONFIRM TO THE REWIREMENTS OF CURRENT ZONING WITH RESPECT TO REAR YARD SETBACK. RELIEF HAS BEEN GIVEN THROUGH A VARIANCE REG DED IN DEED BOOK 180/288, AS MODIFIED BY DECISIONS RECORDED IN DEED BOOKS 576/202 AND 571/302. 10.)7HE BURRING DOES NOT CONFORM TO THE REQUIREMENTS OF CURRENT ZONING WITH RESPECT TO ALLOWABLE GROUND COVER RATIO. RELIEF HAS BEEN GIVEN THROUGH A VARIANCE RECORDED IN DEED BOOK 180 /288, AS MODIFIED BY DECISIONS RECORDED IN DEED BOOKS 576/202 AND 571/302 11.) THE LOT DOES NOT CONFORM TO CURRENT ZONNG REOUIREMENTS WITH RESPECT TO REQUIRED MINIMUM LOT SIZE AND REWIRED MINIMUM FRONTAGE. 12) THE DETAILS SHOIMNG THE POSITIONS OF MONUMENTS ARE REFERENCED TO THE LOT LINES AS ESTABLISHED BY PLFL 4 A. 13) A MONUMENT HAS NOT BEEN SET TO REPLACE THE CTR OF CU NOTED HEREON AS DESTROYED. IT WOULD BE LOCATED BENEATH THE BOARDWALK ON GRADE FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN RELIES ON CURRENT DEEDS AND PLANS OF RECORD. VERIFIED BY FIELD MEASUREMENTS AS SHORN HEREON. THIS PLAN IS NOT REPRESENTED TO BE A TITLE EXAMINATION OR A RECORDABLE SURVEY. I HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE THAT THE PREMISES SHOWN ON THIS PLAN ARE LOCATED WITHIN THE C ZONE AS DELINEATED ON THE 'FIRM' MAP OF COMMUNITY N0. 250230. MASS EFFECTIVE 6 -3-86, REVISED 7 -2 -92 BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. 35 CENTRE STREET 2 sty wood tome building 1 )L 5r�hwe3 477�� 'L 45 �V 1 e'er# �,INY el Sa1.20.33"W cb m End 1. don, 6' 1+ HELD fa / �a• Mw � G 0.� $ e, 0.2� 1n 0.36.21 �a 38.12 cb to cb �fl r4e4 -0') 35.99' cb to c'S6(00 (d_bl \\ \ q �4. , \\ ti 1 %;L storage °r°a under owning \\ I' 1� i 6' board 38) to CID �� Ta ',',rd CID 423.1 -044 STREET. LLC THREE NIF T}11RTY pion # 2005 -48 ALTA /ASCM LAND TITLE SURVEY IN NANTUCKET, MASSACHUSETTS j SCALE DAT JANUARY 2010 DEED REFEREFERE E NCE: 613 PG 88 8 PLAN REFERENCES: : P LFL 44-A & PLBK 8, PG 16 ASSESSOR'S REFERENCE MAP: 42.3.1 PARCEL 03 PREPARED FOR: ISLAND ACQUISITION, LLC EMACK SURVEYING 2 WASHAMAN AVENUE NANTUCKET, MA. 02554 (508) 325 -0940 GRAPHIC SCALE ( M FEET ) I iaeh = 5 It J -165 TN[ amMONWICAUT" CW MAIRSACHU119"01 .. .. ....... 1.9. M =1 . .. ........ . .................... , '100 To" BOARD OF APPEALS fqoTICZ OF vAItIANCZ c,,dfttena or Liusited Vadassee Nodes is hway ghw that • Conditional or Limited Variance Of SPwW Parmit ba* 1'6ee 5ranted 0� • I'MM.— .... . .... ... ------- City., :_- .._......... »..- ».......... —.___3 Cq. Id"tur Lad As-*" by the Town of Appeals rithu of the owner with respect to the use Of promises on. the record title standing in the name of Wayne F. .... . .. whom address is ...... Ckv Book by a deed duty recorded _.__KaAt=k&t..._Co%mty Registry of Deeds in Pas . ....... — _...... » .............. ». ... Registry District of the Land Court Certificate No.....,-.---Book .... . .......... The decision of acid Board in on file wide the papers in Decision or Case No.... in the office of the Tow own Clark ......... Qf .. ftntuakat . . .............................. ............................... .................................... . ............ ......... Certified tlls ..!A-d&Y of ........ RIM .......... . ..... 1990, Board of Appeals: + -chak"Id" »... »..... »... lot - . .......... ................... .. -Clerk ... .19... ..... at ... . ......... eclock xY4 .......... . .... . . .. . ....... minutes ....M. R,,,i,A and entered with the Register of Deeds in the County of .......... ....•.......................... .......... — ........ . .............. Page.._......_............ ATTwr ........................ Reffiner of Deedi Nodes to be recorded by Land 010— pow *0*4 wood a W*Aft" IMG- - - - ---------- 130KO 11PACE = -�� y��Q��• TOWN OF NANTUCKET BOARD OF APPEALS ps' °,b NANTUCKET, MASSACHUSETTS 02554 Date: "1 1998 To: Parties in Interest and.Others concerned with the Decision of the BOARD OF'APPEALS in the Application of the following: Application No.: Q22 -98 Owner /Applicants WILLIAM H. HAYS, III, OWNER. AND FOR JUDITH GREENBERG, CONTRACT PURCHASER i' 1 Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of the.Nantucket Town -Clark. 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 an complaint in court•vithin 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. { � IN Ql�s�• -G Dale.W. Waine . Chairman ce: Town Clerk - Planning Board — - - -- Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED.UPON ACCORDING'TO NANTUCKET 20NING'BY -LAW 1139 -30I (SPECIAL PERMITS)i 1139 -322 (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKETI&E&16BOARD OF APPEALS. TOWN CLERICS CE . N UCKFT 02554 AA 1998' nMI« c Ic:_ It :,Irnfr IHnrtuu�yRy^v8t�,,,ty�t:u,�: /OOXOrw qrA �itsDrCtstor ,vrn�,tilmnr�t(¢aFF�cto► ��. c� /1►aGi TOWN tUR DTHATN /VPt♦ALHMxj- �l'SZxi1UN I I i APR"22 1998 only possible exterior structural changes vould;h,,ed-i"o omply with i setback and ground cover requirements. Applicant alsd'.reprosentod that the proposed uses were compatible with the other uses in the area which were quest houses, restaurants and retail establishments, rioting that office and retail uses were permitted under §139 -9A in this district. Further, it was represented that the waiver of parking and loading zone requirements was consistent with previous Decisions made by the Board in which similar relief was granted to several Applicants in the immediate area. The parking requirement for the proposed uses would be the same as the prior uses. 4. • Therefore, the Board finds that the changa in use from office to office and /or retail will not be substantially more detrimental to the neighborhood, Additionally, as parking and loading zone relief was erroneously not addressed in the original Decision in BOA File No. 046 -80, relief must be dealt with in this Application. Therefore, the Board finds that the waiver of eleven (11) parking spaces, with none being provided on site, and the vaiver,of the loading zone requirement, is in harmony with the purpose and intent of the Zoning By -Lav and not contrary to sound traffic and safety considerations. The Board notes that a waiver of up to '100% of the required parking spaces is available by Special Permit within the Core District when deemed physically impossible to provide on site as they are in this case. 5. Accordingly, by a unanimous vote, the Board GRANTS the requested relief to MODIFY the VARIANCE granted in BOA File No. 046 -80 and convert the existing office space to office and /or retail use, and a SPECIAL PERMIT under Nantucket Zoning By -Lav 9139- 18B(3) to waive eleven (11) parking spaces and under §139 -20C waiving the loading zone requirements, under the following conditions: a. There shall be a maximum of two (2) separate retail establishments on site; and b. The structure can be used for office, with up to two (2) separate tenants, or up to tvo (2) retail units or one (1) ffice unit and one (1) retail unit. Dated: j}pf /1 /, 1998 n Linda F. Williams Nan?i5yN8MMFF10E NANTTJrwPT. M4 112554 APR V I )998 T1AIE�;o� p APR 2 2 1; 3 spry CLEAK� Ltlt�i NAN UCKU COUNTY SANDRA M CHADWICK REC'0 ENTERED ATTEST REGISTER End of Instrument s00 5(6PAtE203 TOWN OF NANTUCKET �o�1TUC,y�r a ZONING BOARD OF APPEALS 37 WASHINGTON STREET APonA�9 NANTUCKET, MASSACHUSETTS 02554 PHONE 508- 228 -7215 M 508- 228 -7205 Assessor's Map 42.3.1 35 Center street Parcel 3 Plan File 44 -A RC Plan Book 8, Page 16 Deed Ref. 245/285 At the Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., Friday, March 13, 1998, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of WILLIAM H. HAYS, III., c/o Vaughan & Dale, P.C., P.O. Box 659, Nantucket, MA 02554, Board of Appeals File No. 021 -98, the Board made the following Decision: 1. Applicant is seeking a MODIFICATION of a VARIANCE granted in BOA File No. 046 -80. Applicant seeks to establish the permitted ground cover ratio for the existing structure on the Locus at 60 ±% rather than at 58 ±% as previously allowed, in a district that allows a maximum ground cover ratio of 30% for undersized lots, and asks that the Board validate the current siting of the structure and the three (3) heat pumps located at the rear of the Lot. Applicant further asks that he be allowed to construct an exterior stairway to provide a second means of egress from the second floor. The stairway would be sited about four (4) feet at its closest point from the southeasterly side yard lot line and extend for about sixteen (16) feet in a northeasterly direction with the majority of the stairway being located outside of the required five -foot side yard setback area. In addition or in the alternative, to the extent necessary, Applicant seeks relief by VARIANCE from the requirements of Nantucket Zoning By -Law 1139 -16A (Intensity Regulations) to validate the structure and construct the stairway as proposed. The original structure was demolished and reconstructed per the Variance issued in BOA File No. 046 -80. Intrusion into 'the northerly and southerly side yard setback areas was permitted though the exact distances required to be maintained were not specified. No intrusion into the rear yard setback area was proposed nor granted. The structure is sited 1.63+ feet at its closest point from the northwesterly side yard lot line, 2.7+ feet at its closest point from the southeasterly side yard lot line and 4.3+ feet at its closest point from the rear yard lot line with the three (3) heat pumps being sited entirely within the five -foot setback area. The Locus is further nonconforming as to lot area having an area of 1.547± square feet in a district that requires a minimum lot size of 5,000 square feet; as to frontage, having 34± feet in a district that requires a minimum of 40 feet; as to parking, having no spaces provided an site and as to loading zone. The Promises is located at 35 CENTER STREET; Assessor's Map 42.3.1. Parcel 3, Plan file 44 -A and Plan Book 8, Page 16. The property 600K O5 l VPAcE 205 structure or removal of the heat pumps, two (2) of which service a structure on an adjacent lot to the northwest of the subject Lot. The Board notes that the original Decision in BOA File No. 046 -80 is silent on the matter of specifying the exact side yard setback intrusion allowed. 6. As to the relief requested to construct the exterior second means of egress, some Board members expressed concern about further intrusion into the required five -foot side yard setback area. Members asked about other options that would avoid said intrusion such as construction of a second interior stairway. Applicant, through counsel, represented that he had no intention of substantially altering the interior of the structure and therefore providing said interior stairway would constitute a substantial financial hardship as it would necessitate demolition of the existing interior layout. Therefore, two (2) Board Members find that there are insufficient grounds upon which to base a grant of further variance relief as there are other options available to the Applicant that would not entail further setback intrusion. 7. Accordingly, by a pnanimous vote, the Board GRANTS the requested MODIFICATION of the VARIANCE granted in the Decision in BOA File No. 046 -80 to validate the ground Cover ratio of the existing.structure and four (4) heat pumps as 60.8 ±% and to validate the existing siting of said structure and heat pumps vith respect to the side and rear yard setbacks upon the following conditions The ground cover ratio of 60.8 ±% and existing siting of the structure and heat pumps shall be based substantially upon the plan done by Robert A.•Emack, dated December 16, 1997, attached hereto and marked as Exhibit A. S. Upon a motion made and seconded to grant relief by VARIANCE for the construction of the exterior stairway, as proposed, to provide a' second means of egress from the second floor, three (3) members (Waine, Williams and O'Mara) voted in favor and two (2) members (Sevrens and Toole) voted in the negative. A minimum of four (4) members voting in favor of the Variance request are necessary to grant relief, hus relief is hereby DENIED. Dated s April %�i , 1998 4 1 1taz LArida F.•wiI \g � Nancy.:Sevreild >' : D�(TAAT20 DAYS HAVE EL -USED AFTER _ �pNpr�pI1EDIN OFFICE OF wvii a�AND n� lI " cox¢ H AY 20 101 RE RECEIVED TOWN CLERICS OFFICE NANMr.W=r iuA nay{ t APR 10 1998 CLERK:, Town of Nantucket Zoning Board of Appeals RECEIVED BOARD OF ASSESSORS LIST OF PARTIES IN INTEREST IN TIIE MATTER OF THE PETITION OF: JAN 15 20 10 TOWN OF NANTUCKET, MA PROPERTY OWNER... MAILING ADDRESS 1 — :��......, � � � ....................... Lf:1C�'IION.,.,... i` ASSI:�;SSOR MAP /PARCEI,. SUBMITTED BY ...............:...�........�.. .�... � . � , �. . .. .� .. ..... ..,�,��.. ,........�:�.�.� �/ QN SEE ATTACHED PAGES I certify that the i.'oregoing is a list of all persons who are owners of abutting; property, owners of lamd directly opposite on my public or private street or way, and abutters of the abutters and all other laird 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)• DATE A SESSOR'S OFFICI✓ TOWN OF NANTUCKET UCL r,,- i / fie' F? E N U t3 iy r' H ro w E m a S E E N E E E+ E+ H F En E E W E E F F E E E F E H E, E m m m m F m H m m m m E H E E m m m E E F m m z m m m m w m m UI m H H E m m m m m m Qaa H F m m m ray] r� a E E W W W W W z 2 z a a N W W E W H F E+ H W W W W z w W W W N N W f4 a a Q U E E E E E E E+ E E E F H W H W U E z E+ z z Z z W E+ F E. 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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 42.3.1, Parcel 3 35 Centre Street Commercial Downtown (CDT) DECISION: Book 1220, Page 86 Plan File 44 -A 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, February 11, 2016, at 1:00 P.M., 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of CENTRE OF TOWN, LLC, Post Office Box 359, Nantucket, Massachusetts 02554, File No. 08 -16: 2. Applicant is requesting the rescission of any conditions related to specific uses in prior Zoning Board of Appeals decisions. Variance relief pertaining to the rear yard setback shall remain in effect. The initial Variance, allowing construction of an office building within the rear yard setback, was further modified to validate the siting of mechanical units also within the rear yard setback. The current use (bakery with an on -site commercial kitchen and retail sales) and proposed use (addition of seating) of the property are allowed by right in the Commercial Downtown District (CDT). No exterior renovations are planned. The Locus, a pre- existing undersized lot of record, is situated at 35 Centre Street, is shown on Assessor's Map 42.3.1 as Parcel 3, and upon Plan File 44 -A. Evidence of owner's title is recorded at Book 1220, Page 86 on file at the Nantucket County Registry of Deeds. 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. No opposition, written or oral, was presented at the hearing. Since the prior variance and special permit were granted, the following land use requirements have changed: a) The property was rezoned from Residential Commercial to Commercial Downtown in 2004, thereby allowing uses by -right that are complimentary to the downtown and may have previously required a special permit and amending the dimensional requirements (see chart below); 0) b) Article 62, approved by unanimous vote at the 2014 Annual Town Meeting, amended Sections 139 -18 and 139 -20 of the By -law to remove parking and loading requirements within the CDT district. 4. Attorney Melissa Philbrick, representing the applicant at the hearing, explained the request to modify by rescission prior Variance relief only as it pertains to the existing and proposed uses on the premises due to the rezoning of the property from Residential Commercial (RC) to Commercial Downtown (CDT). At the time of the three prior applications, the property was sited within the RC district and, as such, necessitated relief and various waivers as to use as well as the dimensional, loading zone and parking requirements of the By -law at that time. 5. The dimensional requirements of the prior RC zoning classification were: MINIMUM FRONTAGE GROUND COVER SETBACKS LOT SIZE RATIO Front Side Rear Required 5,000 40 50% 0 5 5 The lot was subsequently placed in the CDT district. The dimensional requirements and existing conditions of the CDT as pertains to the locus are: MINIMUM FRONTAGE GROUND COVER SETBACKS LOT SIZE RATIO Front Side Rear Required 3,750 35 75% 0 0 5 Existing 1,547* 34* 60.8% .36' 1.63 4.3 * The lot is a pre- existing undersized lot of record. Moreover, 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. Therefore, the Locus is now conforming as to ground cover, uses, parking and loading zone due to the change in zoning from Residential Commercial to Commercial Downtown and to the passage of Article 62. 6. The Board discussed the rezoning of the property and determined that the existing and proposed commercial uses of the premises meet all requirements of the CDT district and that special permit relief is no longer required. Specifically, the existing commercial use associated with the retail operation of a bakery, the preparation and sale of baked goods and beverages, and the proposed tables with seating for patrons who wish to consume their purchases on site are allowed by right in the CDT and, as such, no Special Permit relief is required. The Variance relief for the rear yard setback encroachment, however, remains in full force and effect. 7. Specifically, applicant seeks to rescind the conditions in three prior Board of Appeals Decisions which are : 3 1) Board of Appeals File No. 046 -80 — granted to Wayne F, Holmes and recorded at Book 180, Page 286 — VARIANCE Permitting construction of a two -story office building within the rear yard setback and in excess of the ground cover allowed at that time on a pre- existing nonconforming undersized lot; 2) Board of Appeals File No. 21 -98 — granted to William F. Hays, III and recorded at Book 576, Page 202 — Modifying prior Variance to validate both actual ground cover of 60.8% and the siting of mechanical units within the rear yard setback; 3) Board of Appeals File No. 22 -98 — granted to William F. Hays, III, and Judith Greenberg and recorded at Book 571, Page 302 — Modifying prior Variance and granting new Special Permit relief to permit a mix of retail and office uses with a maximum of two tenants and waiving parking and loading zone requirement associated with the then - proposed uses. 8. Therefore, based on the application materials and testimony received at the public hearing, the Board finds that the conditions contained in prior variance and special permit relief are no longer necessary and applicable and, as they pertain to the existing and proposed uses upon the premises, may be rescinded. 9. Accordingly, by UNANIMOUS VOTE, the sitting members of the Zoning Board of Appeals, approved the RESCISSION of the above - referenced conditions and the above - referenced previously issued Special Permit relief. The Variance relief granted to allow the siting of the structure 4.3 feet from the easterly rear yard lot line and of the mechanicals to the rear of the structure shall remain in full force and effect. MCNATURE PAGE TQ. FQLLQW Assessor's Map 42.3. 1, Parcel 3 35 Centre Street Commercial Downtown (CDT) Dated: Moo 4I l � , 2016 Lisa Botticelli Book 1220, Page 86 Plan File 44 -A James Mondani COMMONWEALTH OF MASSACHUSETTS County of Nantucket, ss On the lb day of) Btf � , 2016, before me, the undersigned notary public, personally appeared ; xilS c(V7 / C Lam'" , 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. YvJ44ntv_� Official Signature and Seal of Notary Public My commission expires: f_1CLI' WOODSON SNELL t.UTARY PUBLIC COMMONV''EALTH OF MASSACHUSETTS a f17 Coma. Expires Sept 28, 2018