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Home My WebLink About012-95 ot�,0N0UCk4„). TOWN OF NANTUCKET o BOARD OF APPEALS 0°•12ORA1I° NANTUCKET, MASSACHUSETTS 02554 Assessor' s Map 42 . 3 . 1 20 Federal Street Parcel 8 Residential-Commercial At a Public Hearing of the Nantucket Zoning Board of Appeals , held at 1 :00 P.M. , Friday, March 8 , 1996, in the Selectmen' s Meeting Room, Town and County Building, Broad Street , Nantucket, MA, on the Application of CHESTER S. BARRETT, JR. FOR HIMSELF AS OWNER AND FOR PACIFIC NATIONAL BANK OF NANTUCKET AS LESSEE, of 21 Somerset Road, Nantucket , MA 02554 and 61 Main Street, Nantucket, MA 02554, respectively, Board of Appeals File No . 012-96 , the Board made the following Decision: 1 . Applicants are seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-33A (alteration/expansion of a pre-existing non-conforming use/structure) . Applicants propose to remove the existing 9 ' x 6 ' non-complying ticket booth (constructed in 1981 and arguably protected under M.G.L. c. 4OA,- §7 , against forced removal) and construct a 12 ' x 14 ' single-story structure which will contain an Automated Teller Machine ( "ATM" ) as well as the ticket booth for the tour business that currently operates from the site. The Lot also contains a separate main structure that is used for residential , office and storage purposes . No changes toythat structure are proposed . The Locus is non-conforming as to number of dwelling units on a lot, having three ( 3) apartments in the main structure where a maximum of two ( 2 ) are allowed; as to side and rear yard setbacks , with the main structure being sited less than one ( 1 ) foot from the southerly side lot line and at zero feet from the rear lot line at its closest points , and with the existing ticket booth being sited 1 . 5+ feet from the northerly side yard lot line in a district that requires a minimum side and rear yard setback of five ( 5) feet; as to lot size, having an area of 3 ,790+ square feet in a district that requires a minimum lot size of 5 ,000 square feet; and as to ground cover , having a ground cover ratio of 38+% in a district that requires a maximum ground cover ratio of 30% for undersized lots . The proposed structure will increase the ground cover ratio from 38+% to 40 . 8+ , but will also be sited so as to comply with the 5-foot side yard setback requirement thus curing the existing side yard setback violation for the ticket booth. In the alternative , Applicants request relief by VARIANCE under Nantucket Zoning By-Law §139-16A ( Intensity Regulations - ground cover ratio) to allow the increase in ground cover. Applicants further request, to the extent necessary, relief by SPECIAL PERMIT under Nantucket Zoning By-Law §139-18B (parking requirements) and §139-20C (off-street loading zone requirements) . Two ( 2 ) on-site parking spaces are currently provided and will be provided after construction of the new ATM and ticket booth and Applicants request relief for any spaces required above two ( 2 ) . 4 The premises is located at 20 FEDERAL STREET, Assessor ' s Map 42 . 3 . 1 , Parcel 8 and is zoned Residential-Commercial . 2 . The Decision is based upon the Application and materials submitted with it, and testimony and evidence presented at the Public Hearing. There was no Planning Board recommendation. There was one ( 1 ) abutter present at the hearing that spoke in opposition expressing concern about the lighting and the increase in the commercial activities on the property . There were also two ( 2 ) members of the public that spoke in favor of the project stating that an ATM was needed in the heart of the downtown area . There was one ( 1 ) letter on file in support for the improvements to the ticket office in general but preferred that the ATM not be open at night to alleviate excessive noise . 3 . Applicants, through counsel , stated that there was a need for an accessible ATM in that location that would service both summer visitors as well as year-round residents 24-hours a day. In the process the current 9 ' x 6 ' ticket booth, described by many speakers as a "hen house" and in a state of disrepair, any improvements made in its appearance would be a great benefit to the neighborhood . It was further represented that the placement of an ATM in the new 12 ' x 14 ' structure that would also contain the ticket booth, would not engender any increase in vehicular traffic or noise as patrons would more than likely arrive on foot and the machine would be placed within an enclosed portion of the structure . The existing non-complying structure was constructed in 1981 as a temporary structure without benefit of a validly issued Building Permit and was sited 1 . 5+ feet from the northerly side yard lot line rather than the required five ( 5 ) feet . Applicant stated that the existing structure is protected under M.G.L . c . 40A, §7 against forced removal and noted that it could remain in its present state indefinitely. The new structure would be sited outside of the required 5-foot setback area . Six (6) parking spaces are grandfathered for the principal structure on the Locus and three ( 3 ) additional spaces would be required for the new structure . Two ( 2 ) conforming parking spaces will fit on the lot both under existing conditions and with the proposed new structure . 4 . Board members were concerned about the increase in the uses on the property with three ( 3) apartments in the main structure as well as storage space and office space, with the addition of another commercial use on the undersized lot . There would be increased traffic to and congestion at the site that was located in a heavily utilized downtown area with the Information Bureau across the street and several dozen people on the Locus taking the bus tours . The Board found that bringing any more traffic to the site by adding the ATM would be substantially more detrimental to the neighborhood than the current uses . The Board further found that Special Permit relief was not available to the Applicants to allow removal and reconstruction of the ticket booth/ATM outside of the 5-foot setback area . The current ground cover ratio is 38+%. With the removal of the ticket booth it would decrease to 36+%, thus making the ground cover ratio less non-conforming. Any increase in ground cover after that would require a Variance unless the additional ground cover is added to the principal structure . The proposed structure is to be a free standing building that would also increase the ground cover ratio to 40 . 8+%. The Board then found that the criteria for the grant of a Variance was not met and that there was no uniqueness relating to the soil conditions , shape or topography of such land or structures that do not affect generally the zoning district in which the Locus is situated . Many lots in the area are undersized, and have structures that violate their setbacks and ground cover requirements . The topography of the lot is generally level and there is no uniqueness of shape or soil conditions . Applicants had no alternate proposal to attach the ticket booth to the principal structure . 5 . Accordingly, the following votes were taken by the Board: ( 1 ) Upon a motion to grant the relief as requested by Special Permit under Nantucket Zoning By-Law §139-33A, relief is DENIED by a vote of two ( 2) in favor (Williams and Waine) and three (3) opposed (Balas , Angelastro and O'Mara) . To pass relief, at least four (4) votes need to be cast in favor . ( 2 ) Upon a motion to grant relief as requested by VARIANCE under Nantucket Zoning By-Law §139-16A, relief is DENIED by a vote of zero (0) in favor and five (5) opposed (O'Mara, Williams, Waine, Balas and Angelastro) . ( 3 ) Upon a motion to grant relief as requested by SPECIAL PERMIT under Nantucket Zoning By-Law §139-18B and §139-20C, relief is DENIED by a vote of two ( 2 ) in favor (Williams and Waine) and three ( 3) opposed (O 'Mara , Balas and Angelastro) . , Dated: �vC/ a ' t�� e "7`t Mic . el J. O'Mara TOWN RECEIVED ter �� OA-) Nq CLERK'S OFFicE inda . ' ' _ NTUCKET, MA 02554 JUL 0 2 1996 ■ TIME: '�, D. - CLERK: / �/ k1 / . / Azd ►richael Angelast s, Ann G. Balas 012 - % TOWN OF NANTUCKET `1-la+^a ir'.++.`J W Ti • �. �_ ; BOARD OF APPEALS -411m01.1" NANTUCKET, MASSACHUSETTS 02554 Date: 0i) Lt oZ- , 1996 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. : 012-96 Owner/Applicant: CHESTER S. BARRETT, JR. , FOR HIMSELF AS OWNER AND FOR PACIFIC NATIONAL BANK OF NANTUCKET AS LESSEE 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 received within such TWENTY ( 20) days . 44\C-C■CCULD Michael J. O'Mar . 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 . oE...onvCMf), TOWN OF NANTUCKET • BOARD OF APPEALS s- %ORATt°. NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the NANTUCKET Zoning Board of Appeals will be held at 1 :00 P.M. , FRIDAY, MARCH 8 , 1996, in the Selectmen ' s Meeting Room, Town and County Building, Broad Street , Nantucket , Massachusetts , on the Application of the following: CHESTER S. BARRETT, JR. , FOR HIMSELF AS OWNER AND FOR PACIFIC NATIONAL BANK OF NANTUCKET AS LESSEE BOARD OF APPEALS FILE NO. 012-96 Applicants are seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-33A ( alteration/expansion of a pre-existing non-conforming use/structure) . Applicants propose to remove the existing 9 ' x 6 ' non-complying ticket booth (constructed in 1981 and arguably protected under M.G.L. c. 40A, §7 against forced removal ) and construct a 12 ' x 14 ' single-story structure which will contain an Automated Teller Machine ( "ATM" ) as well as the ticket booth for the tour business that currently operates from the site . The Lot also contains a separate main structure that is used for residential , office and storage purposes . No changes to that structure are proposed . The Locus is non-conforming as to number of dwelling units on a lot, having three( 3 ) apartments in the main structure where a maximum of two ( 2 ) are allowed; as to side and rear yard setbacks , with the main structure being sited less than one ( 1 ) foot from the southerly side lot line and at zero feet from the rear lot line at its closest points, and with existing ticket booth being sited 1 . 5+ feet from the northerly side yard lot line in a district that requires a minimum side and rear yard setback of five ( 5) feet; as to lot size, having an area of 3 , 790+ square feet in a district that requires a minimum lot size of 5 , 000 square feet; and as to ground cover , having a ground cover ratio of 38+% in a district that requires a maximum ground cover ratio of 30% for undersized lots . The proposed structure will increase the ground cover ratio from 38+% to 40 . 8+%, but will also be sited so as to comply with the 5-foot side yard setback requirement thus curing the existing side-yard setback violation for the ticket booth. In the alternative, Applicants request relief by VARIANCE under Nantucket Zoning By-Law § 139-16A ( Intensity Regulations - ground cover ratio ) to allow the increase in ground cover . Applicants further request, to the extent necessary , relief by SPECIAL PERMIT under Nantucket Zoning By-Law § 139-18B (parking requirements) and §139-20C (off-street loading zone requirements) . Two ( 2 ) on-site parking spaces are currently provided and will be provided after construction of the new ATM and ticket booth and Applicants request relief for any spaces required above two ( 2 ) . The premise is located at 20 FEDERAL STREET, Assessor ' s Map 42 . 3 . 1 , Parcel 8 and is zoned Residential-Commercial . C C <V — Michael J . O" Mara , Chairman ADDENDUM TO APPLICATION PACIFIC NATIONAL BANK OF NANTUCKET BARRETT PROPERTY - 20 FEDERAL STREET The Applicant seeks relief under Section 139-33A to remove the existing ticket booth structure and construct a 12 x 14 foot single-story structure on the property owned by Chester Barrett at 20 Federal Street, which new building will contain an Automated Teller Machine ("ATM" ) as well as the ticket booth for the Barretts' tour business . The lot consists of 3 , 790 square feet of area and contains a main structure used for residential, office and storage purposes . No changes to this structure are proposed. The lot also contains a 9 x 6 foot ticket booth structure which was apparently constructed in 1981, and is now protected under M.G.L. c. 40A, Section 7 against forced removal . Open space on the property is currently available for parking, but there is no plan of conforming parking spaces in place . The existing improvements have a ground cover ratio of 38% . The proposed structure will add 116 square feet of structure and increase the ground cover ratio to 40 . 8% . The proposed structure would be constructed so as to comply with the 5 foot sideyard setback thereby curing the existing side-yard setback violation. The nonconformity as to the ground cover ratio exists whether or not the existing ticket booth is on the property (the main structure alone has a ground cover ratio of 36%) . Accordingly, relief under Section 139-33A to increase that nonconformity to the requested 40 . 8% is appropriate. In the alternative, a variance from the current ground cover ratio requirement is requested. Two conforming parking spaces will fit on the lot both under existing conditions and with the proposed new structure . The Zoning Code' s parking requirements do not address what parking should be required for an ATM use, although the closest analogy is to "retail stores and services" . In this location, the Applicant anticipates that the overwhelming majority of the ATM users will be on foot . Accordingly, no additional parking spaces should be required for this additional use on the property. In the event the Board feels that there is an additional parking space requirement as result of the additional use or the new construction, the Applicant requests a waiver pursuant to Section 139-18B and 13949C of all parking and/or loading requirements for the uses on the lot in excess of the two parking spaces shown on the attached plan. In constructing the new structure, Applicant seeks to provide an accessible ATM location for summer visitors as well as year- round residents, and in the process, improve the appearance of the building which houses the ticket office for the tour business . The project will be a benefit to the downtown area generally and is consistent with the Zoning Code, therefore the Special Permit should be granted. 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