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Home My WebLink About003-96 oat _ ( io,N7uck4) TOWN OF NANTUCKET 1 BOARD OF APPEALS • °9pOtmu+ NANTUCKET, MASSACHUSETTS 02554 u� Date : January 3 ! , 1996 To : Parties in Interest and_ Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following : Application No . : 003-96 Owner/Applicant : FEDERAL FINANCIAL, CO . FOR ITSELF AS OWNER AND FOR THE ARTISTS ' ASSOCIATION OF NANTUCKET, CONTRACT PURCHASERS Enclosed is the Decision of the BOARD OF APPEALS which has this da} 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 received within such TWENTY ( 20 ) days . A.,7) ' Mic . O'Mara ' Chairman cc : 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 ZONING BY-LAW '§139-30I (SPECIAL PERMITS) § 139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS . 40auchp TOWN OF NANTUCKET N BOARD OF APPEALS s` t ti mac _'4; 64PORAZE9' NANTUCKET, MASSACHUSETTS 02554 mss Assessor ' s Map 42 . 3 . 1 19 Washington Street Parcel 95 Plan Book 9 , Page 33 Residential-Commercial Deed Ref . 482/389 At a Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS held at 1 : 00 P.M. , Friday, January 5 , 1996 , in the Selectmen ' s Meeting Room, Town and County Building, Broad Street, Nantucket, Massachusetts , on the Application of FEDERAL FINANCIAL, CO. , FOR ITSELF AS OWNER AND FOR THE ARTISTS ' ASSOCIATION OF NANTUCKET, CONTRACT PURCHASER, of P . O . Box 402 , Highland Park, IL 60035-0402 , Boards of Appeals File No . 003-96 , the Board made the following Decision: 1 . Applicants are seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-33A( 1 ) (expansion/alteration of a pre-existing non-conforming use/structure) ; a SPECIAL PERMIT under Zoning By-Law §139-18B( 3 ) (parking requirements) ; a SPECIAL PERMIT under Zoning By-Law §139-20C ( loading zone requirements) ; and a VARIANCE under Zoning By-Law §139-16A ( Intensity Regulations - maximum ground cover ratio) . Applicants propose to demolish a said to be pre-existing 2 1/2 story single-family dwelling and construct a new 2 1/2 story structure that would be used primarily as an art gallery for the display and sale of members ' art work, and possibly for educational purposes ( i .e . , lectures and classes ) . The Locus is said to be non-conforming as to lot size, having 1 ,414+ square feet of area in a district that requires a minimum lot size of 5, 000 square feet; as frontage, having 32 . 21 feet along Washington Street, in a district that requires a minimum frontage of 40 feet; as to ground cover ratio, having a ratio of 41+% in a district that allows a maximum ground cover ratio of 30% for undersized lots; as to southerly side yard setback, with the structure being sited 2+ feet from the lot line in a district that requires a minimum side yard setback of five (5) feet; and as to parking and loading zone requirements, with no spaces historically having been provided . The new structure would comply with all front, side and rear yard setback requirements . Applicants request relief to be able to have a footprint of 760+ square feet that would increase the ground cover ratio from 41+% to 54+%. No parking spaces or loading zone are planned. The premises is located at 19 WASHINGTON STREET, Assessor ' s Map 42 . 3 . 1 , Parcel 95 , as shown in Plan Book 9, Page 33 . The property is zoned Residential-Commercial . 2 . The Decision is based upon the Application and materials submitted with it, and testimony and evidence presented at the Hearing . The Planning Board made no recommendation. There was no testimony and no letters in opposition. There was one ( 1 ) letter on file in support and several members of the public spoke in favor of the grant of relief . The Building Commissioner also spoke in support of the Application . 3 . Applicant proposes to demolish an existing derelict structure , that had previously been used as a single family dwelling as well as office space , and replace it with a new structure that would be used primarily as gallery space for the display and sale of artwork done by Artists ' Association of Nantucket ' s ( "AAN" ) members ' as well as for lectures and possibly classes . The new 760± square foot 2 1/2-story structure will meet the five-foot side and rear yard setback requirements thus decreasing one ( 1 ) aspect of the pre-existing non-conforming nature of the Locus . Applicant represented that there would be no kitchen facilities and no dwelling unit in the new structure and no more than three ( 3 ) employees at peak shift will be on the premises at one time . In support of the grant of relief from the loading zone requirements , Applicant represented that there would be nothing in the nature of the activity that would require deliveries on any regular basis . It was further noted that there already were designated loading zone spaces in the area proximate to the Locus as other existing commercial entities in the immediate area did not provide off-street loading facilities either . The proposed structure and use would require eight ( 8 ) parking spaces and Applicant further represented that no parking spaces have historically been provided on site and none were planned or physically practical given the size of the Lot . Any parking that would be provided on-site would necessitate backing out into one of the most heavily traveled main access roads out of the downtown area and would create a dangerous situation. 4 . The Board finds that a grant of Special Permit relief to demolish the existing pre-existing non-conforming structure and replace it with a new structure would not be substantially more detrimental :o the neighborhood than the existing non-conforming situation and in fict would be an improvement as side yard setback violations would be eliminated . The Board also finds that a grant of Special Permit relief to waive the required eight ( 8) parking spaces as well as the loading zone space would be in harmony with the purpose and intent of the By-Law which allows waiver of up to 100% of the required parking spares in the Core District in which the Locus is situated and would not be contrary to sound traffic and safety considerations . The Board further finds that a grant of relief by Variance to increase the ground cover from 30% to 54+% would be a benefit to the neighborhood and owing to circumstances relating to the soil conditions , shape or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of this Zoning By-Law would involve substantial hardship, financial or otherwise, to the Applicant, and the desirable 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. The Lot is substantially smaller than other lots in the area and there is financial hardship as the AAN is a non-profit organization and the costs of purchasing the property is substantial . Construction of a building that would meet the 30% ground cover ratio would not be economical . The existing structure is currently over the allowable ground cover ratio at 41±% and the AAN could maintain that ratio as a matter of right . However , the existing structure is in such a state of disrepair that renovating it would not be a viable option . 5 . Accordingly, by a unanimous vote , the Board GRANTS the requested relief for the project as proposed to demolish and replace the existing structure by SPECIAL PERMIT under Zoning By-Law §139-33A, §139-18B( 3 ) and § 139-20C and by VARIANCE under Zoning By-Law §139-16A to increase the ground cover ratio from 30% to 54+%, subject to the following conditions : a . There shall be no food service or liquor license allowed for the premises; b. There shall be no dwelling unit on the premises; and c . There shall be no use of the premises that would require more than eight ( 8) parking spaces without further relief from this Board . Dated: January 31 , 1996 0 ' Michae J . O 'Mara $.1 (IA al 1 Linda F . Williams Ann G. Balas ((-7\\ a \ \ 6-3 • Dale W.� aine Nancy J. - re• s 1f JAN 31 1996 S iiljiG FPAL. o�twatiort TOWN OF NANTUCKET °� ' �N BOARD OF APPEALS c�gpoRA E° NANTUCKET, MASSACHUSETTS 02554 sow NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1 : 00 P .M. , FRIDAY, JANUARY 5 , 1996 , in the Selectmen ' s Meeting Room, Town and County Building, Broad Street , Nantucket, Massachusetts , on the Application of the following : FEDERAL FINANCIAL, CO. , FOR ITSELF AS OWNER AND FOR THE ARTISTS ASSOCIATION OF NANTUCKET, CONTRACT PURCHASER BOARD OF APPEALS FILE NO . 003-96 Applicants are seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-33A( 1 ) (expansion/alteration of a pre-existing non-conforming use/structure) ; a SPECIAL PERMIT under Zoning By-Law §139-18B( 3) (parking requirements ) ; a SPECIAL PERMIT under Zoning By-Law § 139-20C ( loading zone requirements ) ; and a VARIANCE under Zoning By-Law §139-16A ( Intensity Regulations - maximum ground cover ratio) . Applicant:; propose to demolish a said to be pre-existing 2 1/2 story single-family dwelling and construct a new 2 1/2 story structure that would be used primarily as an art gallery for the display and sale of members ' art work, and possibly for educational purposes ( i . e . , lectures and classes) . The Locus is said to be non-conforming as to lot size , having 1 ,414+ square feet of area in a district that requires a minimum lot size of 5, 000 square feet; as to frontage , having 32 . 21 feet along Washington Street , in a district that requires a minimum frontage of 40 feet; as to ground cover ratio , having a ratio of 41+% in a district that allows a maximum ground cover ratio of 30% for undersized lots; as to southerly side yard setback, with the structure being sited 2+ feet from the lot line in a district that requires a minimum side yard setback of 5 feet; and as to parking and loading zone requirements , with no spaces historically having been provided . The new structure would comply with all front , side and rear yard setback requirements . Applicants request relief to be able to have a footprint of 760± square feet that would increase the ground cover ratio from 41+% to 54+%. No paring or loading zone are planned . The premises is located at 19 WASHINGTON STREET, Assessor ' s Map 42 . 3 . 1 , Parcel 95 , as shown in Plan Book 9 , Page 33 . The property is zoned Residential-Commercial . qA )&atocf_id Michael J . O ' Mara , Chairman BoA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS 12/0 /1995 TOWN AND COUNTY BUILDING Date %/n NANTUCKET, MA 02554 CASE NoC_ _ 4 APPLICATION FOR RELIEF Owner' s name(s) : FEDERAL FINANCIAL CO. Mailing address: P.O. Box 402, Highland Park, IL 60035-0402 Applicant' s name: ARTISTS JL 1 t - c o Mailing address: P.O. Box 1530, Nantucket, MA 02554-1530+oI —9.S Location of lot: Assessor' s map and parcel number Street address: 19 WASHINGTON STREET Plan Bk huRsgxygmckttgagitASt 9 Pace 33 Lot ---- Date lot acquired: 09A21/95 Deed Ref u2,389 2,389 Zoning district RC Uses on lot - commercial: None _ or MCD?No - number of: dwellings 1 duplex apartments rental rooms Building date(s) : all pre-8/72? yes or C of O? Building Permit appl 'n. Nos. Case Nos. all BoA applications, lawsuits: State fully all zoning ecifically and and subsections, specifically per Section and what grounds you urge for BoA to make each finding p 139-32A X if Variance, 139-30A xgg if a Special lPe mita( (and ndr139- 33AA &XBif t, attachodecision ornorderloappealed. OK to attach addendum 4 . PECF.' 'TD See attached addendum trO' 'N CLERK S OFF!CE DEC 181995 ItemF Los F'o U) ADDENDUM TO APPLICATION OF ARTISTS ASSOCIATION OF NANTUCKET Applicant has entered into a Purchase and Sale Agreement with owner to purchase the premises at 19 Washington Street which is a prior existing non-conforming use and is now so derelect that it must be replaced. Applicant desires to replace the 2 1/2 story dwelling house that has recently been used as an office. Non- conformities of the existing 19 Washington Street are as follows: Lot Size: 1,414 square feet, more or less Frontage: 32.21 feet Southerly Side Line Setback: 3 feet, more or less GCR: 41%, more or less Parking & Loading Zone: None Applicant seeks permission to change and expand said non- conforming use by constructing a 2 1/2 story structure to be used as an art gallery by the applicant in which art works of its members are displayed and offered for sale. Said expanded structure will comply with all front, side and rear yard setbacks, and will have a footprint of 760 square feet, more or less, yielding a ground cover ratio of 54%, more or less. In order to do the aforesaid, applicant is requesting the following special permits and variances: A. Special permit to change or substantially expand a non-conforming use or structure; Section 139-33 (A) (1) ; B. Special permits waiving the parking requirements and the off-street loading requirements for premises; Sections 139-18 (B) (3) and 139-20(C) ; C. Variance from the maximum ground cover 30% of the lot area as set forth in Section 13 - (a) to permit the construction of the 760 square foot building with a ground cover ratio of 54%, more or less. The use of the premises as an art gallery for sale and display is a permitted use in accordance with Section 139-9 crt() U1.1)--0/ &14)Qa--Mad--Q__ Q`� EXHIBIT "B" . ..6 . -1. ._ .. . . , , • • . .. . .. . •:,..,... . ,,....,..„.. .,.....,._. ,......;.„,... ,rf••:.•,.... .. ..4:7:-f-•.27!•••;;,,.1 r ;r.•c': .11 SI-LI",••Ir...•Jt•r•-•(•:!•,'• ••-•,,l' • .• ... ' '' • Vi• • , ' .. ... . .• . ' ,re. .. ',..',.. • . I.•• 6 . PLAN OF LAND .. . . ,.. ..: sufivirro raft •'.:, • :• J t , • . • • .:... Pe-ter viercb :, ••• • ..., ,... • f.• SCALE ZO FEET 7V AN ACP/ .. 1 ' '. ,. •.1-4 ... •.kit, . . I . , . f . _ 4..4 ,.,...... ) • 'el. ...! J •A t, % ieif C:17.4 I -1,. ‘■■•• • i ,9"... ,RA .../.......__ • , frY tv dzag , ■ ..• 1".. • .; .- • ."..- P :...., . 41 Ict 1 : ..4 ... r■ Cr) :.x. •• 1 4 . 1 ikk. • 4.,... 6 451.73 '''' ' ,i,* • 7 4•,:evz. •-.. • 1 • .."1 Il`N... : 2 .-1 00-4 -.1 7.,-- ... • 00 . c.. k y . : .• Jr/.7.5,/ '? 41.99 RA 199 "' .• 417, ..•___ ,. hyrotafirary ftzre 'co.T.41. 56,72.,7 Anencon lay vo -,.. ... . . 1403114"--1 ----Th. ' 'I a.A.A......j_.c.A.A.A.,....- 111 7 3_ . 1 y .,,. ,A). ‘A.t • C We L A.1"-IL .-",,*r."...... 31• •ri WiCka..4); t ..... . ..... ..., 'DEC-06-1995 12 22 NANTUCKET SURVEYORS INC. P.02 4117 NIF NELL{E E 4oSE~P1-4 M, LC)PE'S- 4-2."3.1 - 9 L. Ilk i J m IP F•.0 0 I.P, s•�,o �� , t �- 44.1'b { I W 1 I '1 r l U) el ri of I 1 F5 k- !` Si A / \\ N.NN \ .♦ %3 NNTR. NN . a `` , °'� \OT AREA = 1414 t 5.. .1 1 / t7 \N N. \ I v D IL Ab" �� \♦\�` 4 ill / 7....,D it. P.G"on ITS N \N N.N\ L.1- --- fJKG2, F..,0 Imo_ "•-'-- .1°1 1 `,4KrIP F«.0 P. .'0",44 totlit.0 AMERICAN Lt...,.E( l0 ,..0.„,,,,, kAAtl.‘ 4.t.9., - 4c #.7,0„ . . 0 0 ,_ 4,,,),,,4„):),. , .,, lof. -4. _, ,f I HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE AS—BUf LT PLOT PLAN NAT THE PREMISES SI�OWN ON THIS PLAN ARE LOCATED WITHIN THE ' 13'' ZONE AS DELINEATED IN ON THE "FIRM' MAP OF COMMUNITY NO. 250230: NANTUCKET, MASSACHUSETTS MASS. EFFECTIVE='7-z.-,71 BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. SCALE: in,I Pi DATE: i Z-4-15 CURRENT ZONING MAP: R—G DEED REFERENCE: aQvGAYE .t%- 4141- MINIMUM LOT SIZE: 5",,o0 e_... F PLAN REFERENCE: P4 64 1 P6 33 MINIMUM FRONTAGE: 5o FT ASSESSOR'S MAPS?•"�• i PCL. n 5 FRONTYARD SETBACK: �ouE •SIDE AND REAR SETBACK: 51- PREPARED FOR: PREPARED AR-C 1Si" AS.>of-r All o� ALLOWABLE G.C.R.: 50'°/, (307- Foe., Lo-r, +1• CE A& 50,10 s.c.) EXISTING G.C.R.: 41 % NANTUCKET SURVEYORS INC. PROPERTY LINES SHOWN ARE TAKEN FROM RECORDED 5 WINDY WAY DEED AND PLAN REFERED TO HEREON. BUILDINGS, MONUMENTS, NANTUCKET, MA. 02554 ETC. ARE PLOTTED FROM FIELD MEASUREMENTS. N"B. /2cz -0r- " N- 514}1 TOTAL P.02