Article 47

ARTICLE 47

(Zoning Bylaw Amendment and Zoning Map Amendment:  Technical Amendments)

            To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket and to amend the Zoning Map, as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text and, further, that non-sustentative changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket):

 

  1. Amend section 2A (definitions) as follows:

 

APARTMENT

A dwelling unit located within a commercial structure or detached structures on the same lot with a commercial use. An apartment(s) shall not occupy more than 50% of the first floor area of the commercial structure(s)… 

 

  1. Amend section 8B as follows:

 

QUALIFIED FAMILY MEMBER

The owner of the lot at the time the lot was subdivided into primary and secondary lots and the owner's spouse, and their parents, grandparents, children, brothers and sisters, or as otherwise defined within the Nantucket Housing Needs Program regulations or guidelines.

 

  1. Amend section 8D(3)(c) as follows:

 

A minimum of Oone of the two lots shall be subject to an NHNC-Ownership Form, which shall provide, without limitation, that the owner of that lot shall earn at or below 150% of the Nantucket County median household income, or the lot shall be subject to a qualified family member deed restriction…

 

  1. Amend section 12G(3)(b) as follows:

 

In reviewing a use or expansion requiring either a minor or major site plan review within the MIPOD, the Planning Board and/or the Director of Planning or his designee shall make a determination that the proposed use or improvements are generally consistent with site plan review standards contained in § 139-23, and with the standards set down in this § 139-12G.

 

  1. Amend section 30H as follows:

 

Effect of zoning amendments on special permits issued. Construction or operation under a special permit shall conform to any subsequent amendment of this chapter unless the use or construction is commenced within a period of not less more than 12 months after the issuance of the special permit and, in cases involving construction, is continued through to completion as continuously and expeditiously as is reasonable.

 

  1. Amend section 33B(1) as follows:

Unless the use or construction is commenced within a period of not more than six 12 months after the issuance of the permit; and

  1. Amend the Zoning Map by placing a portion of the following properties currently located in the Residential 40 (R-40) district in the Residential 1 (R-1) district:  

 

Map

Lot

Number

Street

55

928

8

Red Mill Lane

55

927

3

Old Mill Court

55

926

5

Old Mill Court

55

925

4

Old Mill Court

 

NOTE: The portion of these lots located in the R-40 district was formerly a portion of a paper street.  The majority of these lots are located within the R-1 district. 

 

Or to take any other action related thereto.

 

(Select Board for Planning Board)

PLANNING BOARD MOTION:   Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket and the Zoning Map are hereby amended as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text and, further, that non-sustentative changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket):

 

  1. Amend section 2A (definitions) as follows:

 

 

APARTMENT

A dwelling unit located within a commercial structure or detached structures on the same lot with a commercial use. An apartment(s) shall not occupy more than 50% of the first floor area of the commercial structure(s)… 

 

  1. Amend section 8B as follows:

 

QUALIFIED FAMILY MEMBER

The owner of the lot at the time the lot was subdivided into primary and secondary lots and the owner's spouse, and their parents, grandparents, children, brothers and sisters, or as otherwise defined within the Nantucket Housing Needs Program regulations or guidelines.

 

  1. Amend section 8D(3)(c) as follows:

 

A minimum of Oone of the two lots shall be subject to an NHNC-Ownership Form, which shall provide, without limitation, that the owner of that lot shall earn at or below 150% of the Nantucket County median household income, or the lot shall be subject to a qualified family member deed restriction…

 

  1. Amend section 12G(3)(b) as follows:

 

In reviewing a use or expansion requiring either a minor or major site plan review within the MIPOD, the Planning Board and/or the Director of Planning or his designee shall make a determination that the proposed use or improvements are generally consistent with site plan review standards contained in § 139-23, and with the standards set down in this § 139-12G.

 

  1. Amend section 30H as follows:

 

Effect of zoning amendments on special permits issued. Construction or operation under a special permit shall conform to any subsequent amendment of this chapter unless the use or construction is commenced within a period of not less more than 12 months after the issuance of the special permit and, in cases involving construction, is continued through to completion as continuously and expeditiously as is reasonable.

 

  1. Amend section 33B(1) as follows:

Unless the use or construction is commenced within a period of not more than six 12 months after the issuance of the permit; and

  1. Amend the Zoning Map by placing a portion of the following properties currently located in the Residential 40 (R-40) district in the Residential 1 (R-1) district:  

 

Map

Lot

Number

Street

55

928

8

Red Mill Lane

55

927

3

Old Mill Court

55

926

5

Old Mill Court

55

925

4

Old Mill Court

 

All as shown on a map entitled “2021 Annual Town Meeting Warrant Article 47 R-40 to R-1 Red Mill Lane and Old Mill Court” dated October 2020.

 

NOTE:  The portion of these lots located in the R-40 district was formerly a portion of a paper street. The majority of these lots are located within the R-1 district. 

 

FINANCE COMMITTEE COMMENT:  The Committee supports the Planning Board Motion.

 

Quantum of vote required for passage of the motion is 2/3