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Home My WebLink About08-16 35 Centre Street Decision` bwn & County Building 15 Broad St TOWN OF NANTUCKET Nantucket, MA 02554 BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: March 10, 2016 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 08 -16 Current Owners /Applicant: CENTRE OF TOWN, 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 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); 0j 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. $IQNATURE PA„GK TQ, FQLLQW Assessor's Map 42.3. 1, Parcel 3 35 Centre Street Commercial Downtown (CDT) Dated: NO 4I R—, 2016 County of Nantucket, ss Book 1220, Page 86 Plan File 44 -A ......... . I Lisa Botticelli James Mondani C-7-- COMMONWEALTH OF MASSACHUSETTS On the /L day of 2016, before me, the undersigned notary public, personally appeared DVS V7 / C LPL✓- 1-h � , 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. yu(j�4nt&L,-� Official Signature and Seal of Notary Public My commission expires: EQUDSGIV SNELL ARY PUBLIC LTH OF MASSACHUSETTS Expires Sept 28, 2018 5