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Home My WebLink About019-946�9 -9Y TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: February / , 1994 To: Parties in Interest and.Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 019 -94 Owner/Applicant: NANTUCKET PARKS AND RECREATION DEPARTMENT, FOR ITSELF, AND THE TOWN OF NANTUCKET, OWNER Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in 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 an complaint in 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 ri _ ceived within such TWENTY (20) days. Linda F. Williams - Vice - Chairman cc: Town Clerk Planning Board Building Commissioner TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Map 32 Dionis Beach Road Parcel 18 Deed Book 115 LUG -II Page 76 - 78 At a Public Hearing of the Zoning Board of Appeals held at 1:00 P.M., Friday, February 18, 1994, in the Town and County Building, Broad Street, Nantucket, MA, on the Application of the NANTUCKET PARKS AND RECREATION DEPARTMENT, FOR ITSELF, AND THE TOWN OF NANTUCKET, OWNER, of 16 Broad Street, Nantucket, MA 02554, Board of Appeals File No. 019 -94, the Board made the following Decision: 1. Applicants are seeking a Special Permit under Nantucket Zoning By -Law §139 -33A (alteration /extension of a pre- existing non - conforming use /structure) to allow the demolition of a said to be pre- existing non - conforming structure and use (a beach "bathhouse ") and allowing the placement of a new structure on the lot that will contain bathrooms, storage space and a concession stand. Applicants are also seeking a Variance pursuant to §139 -32A from the requirements of §139 -16A (intensity regulations - setbacks) to allow the placement of the new structure at a zero front yard setback along Tristrams' Avenue in Dionis. The premises are located at Dionis Beach Road, Assessor's Map 32, Parcel 18, Deed Book 115, Page 76 - 78. The property is zoned Limited Use General -II. 2. The Decision is based on the Application and materials submitted with it, the testimony and evidence presented at the hearing, a favorable recommendation as to the Special Permit relief and a favorable recommendation as to the Variance relief, due to the coastal nature of the property, from the Planning Board. There were no letters on file and one abutter, who was represented by counsel, was opposed and wished that the new structure would be reconst °acted on the same location as it is at present. 3. Applicant represented that there was a current structure made of cinder blocks that was in such a condition that there was no possibility of upgrading it. They proposed that the current bathhouse structure be demolished and a new structure placed in a different location. The new structure would be a stick - built, shingled building, that will be moved from a different Town location and placed in the existing parking area for the beach. Placement of the new structure on the old site would not be possible due to the erosion that has taken place, making it unstable ground, as well as conservation restrictions placed on any new construction by an Order of Conditions granted by the Conservation Commission (State number still pending). Applicant stated that the desire of the Parks and (019-94) -2- Recreation Department was to site the structure as far away from the dune area as possible but to do so they would have to place it with a maximum of a zero setback from the front yard lot line that runs eat and west along East Tristram's Avenue. The new structure will contain two new handicapped bathrooms, storage area for the life guards and vending machines. 4. The Board finds that there is support for the grant of Variance relief due to the topography of the lot, being comprised primarily of a coastal sand dune area with the only stable ground being in the current parking lot area, through which the lot line runs, leaving a small envelope to site the new structure and within which the Conservation Commission would allow any building to take place. The Applicants would be unable to meet the 35 foot front yard setback due to the aforementioned condition. The Board further finds that a grant of Variance relief may also be supported by the unique soil conditions of this lot especially affecting such land or structures but not affecting generally the zoning district in which it is located and a literal enforcement of the provision nf the Zoning By -Law would involve substantial hardship to the Applicants and the relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such By -Law. 5. The Board finds that a Special Permit may be granted to demolish a pre- existing, non - conforming use /structure and to allow a new structure to be placed on the lot with a maximum of a zero setback, to be used for the above stated purposes. Applicant represented that the current structure was constructed priorTezoning in the present location and that it is non - conforming as to use being a use on a residential lot that is not ancillary to a principal dwelling unit. 6. Accordingly, by a Unanimous vote, the Board GRANTS the Special Permit under §139 -33A, to demolish and replace a pre- existing, non - conforming use /structure on the lot, that will contain bathrooms, storage and vending machines. The Board, by a Unanimous vote, further GRANTS the requested Variance under §139 -16A to allow the placement of the new structure within the front yard setback and to allow a maximum of a zero setback from that lot line subject to the following conditions: A) The new structure will be serviced by a holding tank that will be of a 3,000 gallon minimum rate; and B) If showers are to be added, they will not feed into the above mentioned holding tank and an alternate method of disposal shall be instituted. Dated: February,, 1994 i Linda F. Wil lams Ann Balas (.019-04) RECEIVED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 FEB 24 1994 TIME: q • o pyvL ��•CLERK: �'� -3- Michael Angelastro Vc -�, qto:L� William Hourihan TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the Nantucket Zoning Board of Appeals will be held on FRIDAY, FEBRUARY 18, 1994 AT 1:00 P.M., in the Selectmen's Room, Town and County Building, Broad Street, Nantucket, on the Application of: NANTUCKET PARKS AND RECREATION DEPARTMENT, FOR ITSELF, AND THE TOWN OF NANTUCKET, OWNER Board of Appeals File No. 019 -94 Applicants are seeking a SPECIAL PERMIT under Nantucket Zoning By -Law §139 -33A (alteration /extension of a pre- existing non - conforming use /structure) to allow the demolition of a said to be pre- existing non - conforming structure and use (a beach "bathhouse ") and allowing the placement of a new structure on the lot that will contain bathrooms, storage space and a concession stand. Applicants are also seeking a VARIANCE pursuant to §139 -32A from the requirements of §139 -16A (Intensity regulations - setbacks) to allow the placement of the new structure at a zero front yard setback along Tristram's Avenue in Dionis. The premises are located at DIONIS BEACH ROAD, Assessor's Map 32, Parcel 18, Deed Book 115, Page 76 - 78. The property is zoned Limited Use General - 2. Dale W. Waine, Chairman BoA 'Form 1 -89 Owner's name(s): Mailing address: Applicant's name: Mailing address: NANTUCKET ZONING BOARD OF APPEALS Date TOWN AND COUNTY BUILDING C� NANTUCKET, MA 02554 CASE No.G� `- / AAPPLICATIOIJFOR RELIEF LI • �) = A Location of lot: Assessor's map a n o G Street address: parcel number Z-5g- /6 `/ Registry Land Ct Plan, Plan Bk & Pg or Plan File Lot Date lot acquired: J _ Deed Ref /(,�,- 7i�oning district L Uses on lot - commercial:' None — or v - number of: dwellings duplex_ apartments_ rental rooms_ Building date(s) : all pre -8/72? V/ or of 0? or — Building Permit appl'n. Nos. Case Nos. all BOA applications, lawsuits: State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose compared to present and what g ounds you urge for BO.A /to make each finding per Section 13932A if Variance, 139 -30A V if a Special Permit (and 139 -33A � if to alter or extend a nonconforming use). If appeal per 139 -3JA & B _ attacY� decision or order appealed. OK to attach addendum . U �c�xoW co a fZZ�Yn d 0&-" 40- !� cur r � QincP emu, ce�,c.�.dal -� �m �X-1 ie-� -e'er _ �✓�.e. �w cam- c�'ll � GuN e X-a n-,aca a V-Pla Inc "0 lean `72to eDct� V1 �t Items Pci s�as par o tics A ica ion: or er addendum present +planned structu Locus map_ Site plan_ showing Floor plans present proposed. elevations (HDC aapproved' data Listings lot area frontage setbacks_ GCRT_ parking Assessor- certifieciaddressee Tist 4 sets mailing labels 2 sets u 200 fee payable to Town of Nantucket proof 'cap' covenant to senU--Bldg Comr s record to BOA.) (If an appeal, ask Town Clerk I certify that the requested information submitted is substantially knowledge, under the pains and complete and true to the best of my penalties of e jury. Akee}` / �- C9i1/� Applicant agent SIGNATURE: -- 3(If not owner or owner's attorney, enclose proof of authority) r ZpM FOR BOA OFFICE USE Z < %/� for BOA on'l� by —I Z Application copies ree d: 4_ or m C filed with To Clerk ono�� by complete ? — a7 r t mr One copy o�J /9CI by One p c Building Dept � by waived ? O 7 (p $200 fee chec rer on — I & MAI�y, `I Hears g notice posted�/�Lmailed(�/�/ rQ Hearing (s) one_/— cont' d to withdrawn ? —/—/— � filed TC mailed�� _. Decision due bye_/_ made��— �-J— ( I � m See related cases lawsuits other