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HomeMy WebLinkAbout011-13 56 Centre Street WITH APPEALPrint Form 2 Nirgmunda Road Naumcket Massachusena 02554 508 -228 -7215 telephone 508 -228 -7298 facsimile RECEIVED ?G13 MR 5 PM 1 18 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET TOWN CLERK NANTUCKET, MA 02554 APPLICATION Fee: $300.00 File No. Owner's oame(s):Middle C LLC Mailingaddress:P. 0. Box 359, Nantucket, MA 02554 Phone Number :508 -901 -4141 E- NW:mphilbrick@remainnantu f. or41 a Applimnes_name(s):Middle C LLC Mailing Address: same Phone Nurnber:same E -Mail: Locus Address: 56 Centre street Assessor's Map /Paicel:42.4.3 /80 Land Court Plan /Plan Book &Page /Plan File No.:P1 Bk 15, page 78, lot 1 Deed Reference /Certificate of Title: 1293/55 Zoning DistrictROH Uses on Lot- Commercial: Nonex Yes (describe) Residential: Number of dwellings Duplex Apartments 1 Date of Structure(s): all pre -date 7/72 Yes or Building Permit Numbers: 986 -11 Previous Zoning Board Application Numbers: 041 -11 2 Nirgmunda Road Naumcket Massachusena 02554 508 -228 -7215 telephone 508 -228 -7298 facsimile State below or attach a separate addendum of specific special permits or variance relief applying for. f%di�7c�iin of ee h"- 0/6 rn 5"01-11 Jo tP.¢K/crc�r Cons6"JaM to eoT-hnLr�. Lt...F't -0 VI4na !S �nska- dnFiil'e..t �S� p�t,t.t Fo '�iu fi ie . I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: /0 Owner* rct SIGNATURE: Applicant /Attorney /Agem* *If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency OFFICE USE ONLY Application received on: _ /_ /_ BY: Complete:_ Need Copies:._ Filed with Town Clerk: -/ -/_ planning Board:, —/_ Building Dept.:JJ_ By:, Fee deposited with Town Treasurer:-/-/_ By_ Waiver requested: Granted: _/ /—Heating notice posted with Town Clerk: —/—/ Mailed; IerM L—& /,_f` Hearing(s) held on:_/ / Opened on :_/ Continued toi / / Withdrawn; /_ /_ Decision Due By:_ /_/ Made:_ /_/ Filed w /Town Clerk:_/ / Mailed:_ /_/ 2 Fairgrounds Road Nantucket Massachusetts 02554 508 -228 -7215 telephone 508 -228 -7298 facsimile ek: 01285 Pe: 115 1111111 1111 Sk: 1209 PP: 116 Paps: 1 01 11 DOW SP 10107/2011 1010 01M TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 N n Date: September 12, 2011 TO: parties in Interest and Others concerned i The BOARD OF APPEALS in the Application of thelollowingoision of Application No: Owner /Applicant: MIDDLE C LLC AS APPLICANT NANTUCKET ISLAND RE80RT9 LLC C/O NEW ENGLAND DEVELORNENT AS OWNBR Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed with the office of the Nantucket Town Clark. An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any sotion appealing the Decision must be brought by filing a complaint in Land Court within TWENTY (ef)thaycolaint this snd day's date. Notice of the action with A Copy iedcopy iOf within Decision mTust b(20)veennytto the Town Clerk so such se to x Edward S. Toole, Chairman cc: Town Clerk Planning Board Building Comoaieaioner /Zoning Enforcement officer PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TINE LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING BI -LAW SECTION 139 -30 (SPECIAL PERMITS); SECTION 139 -32 (VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICE AT 509 -229 -1215. Bk: 01285 PS: 116 NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 56 Centre Street Plan Book 16, Page 78, Lot I Assessor's Map 42.4.3, Parcel 80 Book 902, Page 132 Residential Old Historic RECISION; At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, July 14, 2011, Thursday, August 11, 2011 and Thursday, August 18, 2011, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following Decision on the Application- (041.11) of NANTUCKET ISLAND RESORTS; LLC, C/O NEW ENGLAND DEVELOPMENT AS OWNER, MIDDLE C, LLC AS APPLICANT, c/o P.O. Box 359, Nantucket, MA 02554, in connection with the property known as 56 Centre Street, Nantucket, Massachusetts. The Locus is situated at 56 Centre Street, is shown on Nantucket Tax Assessor's Map 42.4.3 as Parcel 80, is shown as Lot 1 in Plan Book 16, Page 78, and title is recorded at the Nantucket County Registry of Deeds in Book 902, Page 132. The property is zoned Residential Old Historic. REHEARING REQUEST: I.I. Applicant, Middle C, LLC filed a request for a Public Hearing pursuant to Nantucket Zoning By -law §139 -30 K for a waiver of the Special Permit rehearing limit. The Applicant had filed a prior Application with the Board of Appeals on March 14, 2011 regarding an educational facility at 56 Centre Street, File No. 022 -11. A Public Hearing was held on April 14, 2011. A vote on April 29, 2011, of three members in favor of the Application and one opposed (where a positive vote of four members is necessary to grant relief) effectively denied the Application. 1.2. Nantucket Zoning bylaw §139 -30k requires that the Board of Appeals find, by the favorable vote of at least 4 members, specific and material changes in the conditions upon which the previous unfavorable action was based. All but one of the members of the Planning Board must also consent thereto after notice is given to parties in interest of the time and place of the proceedings when the question of such consent will be considered. The Planning Board at a hearing held on July 11, 2011 and voted 5 -0 to consent to the repetitive petition and waive the special permit rehearing limit, a copy of the Decision is attached. 1.3. Our Decision Is based upon the Application and accompanying materials, letters submitted and representations and testimony received at our public hearing on July 14, 2011. ak: 01285 Pa: 117 1.4. Jn support of the rehearing request the Applicant presented a compari son of the prior plans to the revised plans to outline the specific and material changes as follows: Site plan shows a significant reduction in ground cover from he prior plan to the revised plan by removal of the 70 person recital hall addition. o Elevation plans show a substantial reduction in the expansion of the exterior of the struehm (bulk) from the prior plans: the front fogade now does not change at all; the increase in height and width of the rear ell and the extension of the second story roof line, all visible from the garden and Academy Lane sides of the building have been eliminated, and there is a small increase in ground cover for internalizing a fire stair, basement storage and a one -story shed roof addition. Floor Plans show that the elimination of the recital hall, and the changes in ground cover and in the second and third floor roof lines in the revised plans reduces the available interior space thereby reducing the gross floor s en, reducing certified occupancy from 242 to 142, and reducing the actual proposed occupancy to 105, with even lower typical occupancies. 1.5. Accordingly, the Board of Appeals, by a vole four (4) (Dale ) ainpeo Michael 1. O'Mara, Lisa Bohioelli, and Susan McCarthy) in favor and one 1 Opposed (Kerim Koseatsc), the Board finds that the Applicant has made specific and material changes in the proposed project bylaw §139 30 K and and lows he WAIVES o Nantucket Zoning Application (049 --11) to go forward- APPLICATION: 2,1. Applicant, Middle C, LLC, has filed a Special Permit Application and appeal from a Decision of the Zoning Enforcement Officer, Marcus Silverstein dated June 10, 2011. Applicant proposes to lease the premises to two (2) nonprofit educational corporations as an educational facility and requests that the Board make a determination pursuant to M.O.L. Chapter 40A, § 3 as to what parking or loading requirements are applicable to the proposed educational facility and to find that he alteration of the height ao be less nonconforming is permitted pursuant to M.O.L. Chapter 40A, § 3. In the Applicant requests: law Section 139- 18.B.(2) • Special Permit relief pursuant to NantuckeZoning Bylaw to Section 139 - (parking relief) for a waiver of the parking requirements P 1 B.E. (parking for those uses not in the puking table); e Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139 -20.C. (off - street loading facilities) in order to waive he required off -street loading facilities. • Special Permit relief pursuant to Nanmcket Zoning ByLaw, Section 139 -33.A. (4) (alteration of preexisting nonconforming structure) to alter the structure by reducing the height of a Portion of the roofline which is preexisting and nonconforming as to height. The Applicant proposes t change Of1he existing structure from a Lodging which currently has no p a kigon ste t an educational facility m provided in M.OL. Bk: 01295 Pg: 119 Chapter 40A, § 3. The applicant proposes to provide two (2) to three (3) on -site parking spaces. 22. Our Decision is based upon the Application and accompanying materials, letters submitted and representations and testimony received at our public hearings on July 14, 2011, August 11, 2011 and August 18, 2011. The Planning Board made a favorable recommendation which is part of the record. 2.3. Applicant through representatives explained the educational uses proposed for the renovated and expanded structure including; office space, reception areas, conference rooms, storagelmechanical space, apartment, kitchen, bathrooms, children's/parenting class space, classrooms, practice rooms, recording studio, and parlor for small scale recitals or group rehearsals. The proposed uses are for an educational facility and uses wicillary thereto. The proposed orgarizations That would initially use the space are the Nantucket Community School and Nantucket Community Music Center. With the proposed changes, the structure will still conform to the ground cover and set back requirements in the ROH zone. Portions of the existing structure we preexisting non- conforming as to height being over 30 feet. Applicant proposes to remove a gable, which will make it more conforming. 2.4. The Board finds that the strict application of Height Limitations of the Nantucket Zoning By -Law, Section 139 -17, on a use of the premises as an educational facility would be unreasonable as applied to this project and the proposed removal of a gable will make a portion of the premises more conforming. 2.5. Pursuant to the provisions of M.G.L. c 40A, § 3, the so- called "Dover Amendment', the Board finds that the proposed uses in the building are for educational purposes or are Incidental thereto and are permitted as of right, by owners or tenants of the building that are nonprofit educational organizations. 2.6. There are no off - street parking requirements for an educational facility set forth in the Zoning By -law. Section 139 -18 E. provides: "For other permitted uses or uses by exception which we not covered in §139 -18D above, comparably adequate parking shall be required as shall be reasonably determined by the Zoning Enforcement Officer, or the special permit granting authority having jurisdiction." To the extent the Board reasonably determines the parking to be required for the proposed use, the Applicant has requested relief from said parking requirements. The Applicant proposes to provide two (2) on site parking spaces, one (1) being handicap accessible. The spaces will be on the Academy Lane side of the property. No parking has been historically provided on the site for the existing use as a 12 unit Lodging House. The Board may waive the parking requirements on the basis that they would be unreasonable to be applied to an educational facility in a downtown location pursuant to Bk: a1296 Pa: 119 the provisions of M,G.L. c 40A, § 3, the so- coiled "Dover Amendment' and/or the Board may waive the parking requirements by Special Pemdt, Nantucket Zoning By Section 13913(2) Provides that perking can be waived s n harmony thelhe following general findings: (a) that the granting of such special pe the nt of purposes and intent of this chapter; (b) that compliance with the Parking req this §139.18 would be physically impossible for the applicant to provide, if phyaically practical, have a significant and adverse effect on the scenic or historic integrity of the neighborhood, and (c) that the granting of relief would not be contrary to sound traffic and safety considerations , 2.7. To the extent that off - street loading facilities would be required under Section 139 - 20A, the Board may waive the off -street loading facilities requirements on the basis that they would be unreasonable to be applied to an educational facility in alledo "Dover location pursuant 10 the provisions of M.G.L. c 40A, § 3, Amendment ", and/or the Board may waive the off -street loading facilities requirements by Special Permit. Nantucket Zoning By -Law Section 139 -20C provides that off -street granting loading facilities can be waived upon making the following and findings: tha) c that hapter; b) that of such relief is in harmony with the general Purpose the provision of off - street loading facilities as required by this chapter is physically impossible for the applicant to provide, or, if physically possible, would have a significant adverse effect upon the scenic or historic integrity of the neighborhood; and (c) that the granting of relief would not be contrary to sound traffic, parking or safety considerations. by The Board considered the son educa Tonal facility and its impact on the neighborhood. by the use of the property The Doad noted that a nearby church generates automobile and pedestrian traffic at peaks times of use including theatre performances in separate interior assembly space. Considerable testimony was given by neighbors about congestion on Centre Street, a shortage of parking spaces on the public streets, and the narrowness of Academy Lane. The Applicant had reviewed various alternatives for additional parking and traffic circulation patterns on the property with the Nantucket Traffic Safety Work Group and the Nantucket Historical Commission, and had an expert evaluate whether such altematives were workable. only the perpendicular parking spaces off Academy Lane were found to be a feasible configuration, and the two space layout was recommended since it eliminated the need for a three -point turn when exiting the property. The Board finds that no additional functional parking or loading area could be provided on -site. The Applicant's traffic consultant also reviewed prior parking and circulation studies, and conducted parking availability surveys and an intersection performance evaluation during the peak summer conditions, The intersection was found to have the highest level of service with minimal queuing and ample capacity. it is generally mero However, king throughout the downtown is scarce during p periods time was there found to be no parking space availability on the nearby public streets. Neighbors cited numerous issues of illegal parking and loading activity in the summertime, for which enforcement efforts were needed. Even though no delivery trucks would be required for the proposed educational use, a letter from one of the major M, 01295 Pg: 120 delivery companies committing to ban its drivers from impeding traffic or pedestrian flow by parking on the Centre Street sidewalk when making deliveries to the adjacent restaurant was submitted to the Board by the Applicant. The Applicant also provided a list of the more than three doun parking waivers that have been granted to commercial uses in the downtown by both the Planning Board and this Board, based on a recognition that people who park in the downtown often walk between various destinations, and that during the summer when parking is at its scarcest, the downtown is well -served by the public transit system. Typical occupancy levels and programming details were presented at the hearing. The Applicant proposed several limitations on the use of the building during the summer and various initiatives to manage traffic and parking. The limitations and initiatives are incorporated into the conditions attached in Exhibit B. Substantial testimony was given as to the value of the proposed educational uses to the community at large and to the downtown in particular. In light of the significant municipal benefits of the proposed educational uses, which were acknowledged by all, the lack of functional alternatives for parking or loading on the property, the availability of parking in the area especially during non -peak times when much of the activity at this facility will occur, and the established history of parking waivers for commercial and cultural uses in downtown Nantucket, the Board finds that municipal concerns about parking and safety are satisfied by the parking to be provided on site and the conditions attached in Exhibit B, which will also mitigate potential adverse impacts on the neighborhood. 2.9. Therefore, the Board makes the following findings based upon the conditions on which reliof is granted as set forth in Exhibit B, and the proposed educational uses: (a) pursuant to M.G.L. c 40A, § 3, the so- called "Dover Amendment ", the Board finds that the alteration of the height of a portion of the structure making it less nonconforming is permitted. (b) The Board finds that parking requirements, except for the two (2) shown on the plan, would be unreasonable to be applied to this proposed educational facility in this downtown location pursuant to the provisions of M.G.L. c 40A, § 3, the so- called "Dover Amendment'. In addition, upon the same analysis of the facts and findings the Board waives the parking requirements by Special Penult, pursuant to Nantucket Zoning By Law, Section 1398 (2) and finds: (i) that the granting of such special permit is in harmony with the general purposes and intent of this chapter; (ii) that compliance with the parking requirement of this §139 -18 is be physically impossible for the applicant to provide, except for the two (2) shown on the plan , (iii) and that granting of relief is not contrary to sound traffic and safety considerations. (c) To the extent that off -street loading facilities would be required under Section 139 -20A, the Board waives the off- street loading facilities requirements on the basis that they would be unreasonable to be applied to this educational facility in this down town location pursuant to the provisions of M.G.L. c 40A, § 3, the so- called "Dover Amendment' In addition, upon the same analysis of the facts and findings the Board waives the off-street loading facilities requirements by Special Permit, pursuant to Section 139 -20C and finds: (i) that the granting of such relief is in harmony with the Bk: 01285 Pg: 121 general purpose and intent of the chapter; and (if) that the provision of off - street loading facilities as required by the chapter is physically impossible for the applicant to provide, or, if physically possible, would have a significant adverse effect upon the scenic or historic integrity of the neighborhood; and (Iii) that the granting of relief would not he contrary to sound traffic, parking or safety considerations. (d) The Board waives the formal site plan review provisions of Section 139.23, to the extent applicable, given the nature of the project, the pre - existing shvcture and its location. 2.10. Accordingly, the Board of Appeals, by a vote of four (4) (Dale Waine, Michael J. O'Mara, Lisa Botticelli, and Susan McCarthy) in favor and one (1) (Kerim Koseatac) opposed, GRANTS, the relief requested pursuant to the provisions of M.O.L. c 40A, § 3, the so- celled "Dover Amendment" and by SPECIAL PERMIT, all as set forth in Paragraph 9 to allow the reconstruction/alteration of the building for an educational facility, substantially as shown on the site plan prepared by Bracken Engineering, dated 03/01/11, revised 07112/11, a reduced copy of which is attached hereto as Exhibit A, subject to the conditions attached hereto as Exhibit B. APPEAL OF THE DECISION OF THE ZONING ENFORCEMENT OFFICER 3.1. The Board, based on the above vote approving the Application, finds that Decision of the Zoning Enforcement Officer has been superseded by the relief granted in Section 2.9 hereof. The Applicant therefore proposed to withdraw the appeal of the Decision of the Zoning Enforcement Officer, Marcus Silverstein, dated June 10, 2011, 3.2. Accordingly, the Board of Appeals, by a vole of four (4) (Dale Waine, Michael J. O'Mam, Lisa Botticelli, and Susan McCarthy) in favor and one (1) (Kerim Koseatsc) . opposed, ALLOWED the withdrawal of the appeal of the Decision of the Zoning Enforcement Officer with prejudice as such decision has been superseded by the decision in Section 2 above. SIGNATURE PAGE TO FOLLOW Dated: Z:.' 2011 8X:01266 Pe: 122 COMMONWEALTH OF MASSACHUSETTS Nantucket, so. dL1�. 2011 {{t� On thle 0 daypt X011, before me, the undersigned Notary Public, personally appeared 1Ld .., who Is personally known to me, and who to"person whose e is signed on the preceding or attached document, and who acknowledged to me that he signed It voluntarily for its stated purpose. I kT!FV THAT:9DAYS HAVE ELAPSED AFTER --- - ---- bINMOFFILEOFTIM T RDA"FAL HAS SEEN EMIAWS01�2MMII 10N'1lQERR Note c: JA- A. 1(lfkr N My commission expires: 11 y jwm ATTEST: A 1140E COP NANTCLERK I n �J x _ Sk: 01285 Pg: 123 e ro o J� e 7 fil96II _il 1 l;ttrya- � Bk: 01296 Pa: 121 J c4i O. EXHIBIT B -n J CONDITIONS rn I . The project shall be constructed substantially in accordance with the plans approved by the Nantucket Historic District Commission in Certificate of Appropriateness No. 56724, as may be amended. 2. Upon commencement of construction pursuant to a Building Permit issued for the plans approved by the Nantucket Historic District Commission in Certificate of Appropriateness No. 56724, as may be amended, the building will no longer be used commercially as a Lodging House. 3. The property shall not be leased to more than two (2) tenants, each of which shall be a nonprofit educational corporation or leased by the Commonwealth or any of its agencies, subdivisions, or bodies politic. 4. Any change in the tenants from the proposed use by the Nantucket Community Music or the Nantucket Community School will require Special Permit relief from the Zoning Board of Appeals. 5. There shall be a designated building manager on the property during Its hours of usage. 6. A copy of these conditions will be posted prominently on the property. 7. From June 15 to September 15 of each year occupancy of the building shall not exceed 52. At other times of the year occupancy of the building shall not exceed 105. 8. No programs (classes, rehearsals or performances) shall commenoe before 9:00 am (1 pm on Sundays) or end after 9:00 pm. 9. The Building shall be fully air-conditioned via a geothermal system, and windows shall be closed at all limes, except for maintenance, construction or repair. 10. No amplification of music and no regular programming or tents outdoors shall be permitted. 11. The proposed kitchen shall only be used in a way that is ancillary to the programming on the premises and otherwise will not be used to prepare food for sale within the property or elsewhere. 12. The apartment on the third floor shall only be occupied by those affiliated with the programming on the premises. 13. The following Traffic Demand Management protocols-will be implemented; a: Transit passes shall be provided to employees with offices in the building ak 01295 P9: 125 b. use of the seasonal shuttle busby those attending the programming shall be actively encouraged, and c. A car pooUrideshare program will established to include the music school and the community school program participants, and will be extended to included activities at the Congregational Church to the extent practical. d. In order to minimize congestion that may result from programs that overlap with activities at the Congregational Church, the Congregational Church shall be contacted on a regular basis regarding the wedding and performance schedule on the Church's property, and best efforts shall be used not to schedule performances or large group classes or rehearsals at 56 Centre during those times. e. All employees and program participants will be directed not to park or slop for the purposes of pick -up or drop -off along Center Street so as to block traffic, and not to use Academy Lane for through traffic, f Program participants who need to be picked up will be asked to wail for their rides inside the building. g. Newsletters will periodically be sent to participants to inform and remind them of these protocols. 14. Two (2) on -site parking spaces shall be provided on the property on Academy Lane as shown on the site plan prepared by Bracken Engineering and attached as Exhibit B. one of which will be designated for 15 minute maximum parking to facilitate pick -up and drop-offs from facility. 15. A bike rack shall be provided on the property. 16. No exterior construction in connection with the project shall occur between May 15th and October 1 st of any given year. s 17. The space will not be subleased for private events and parties at any time of the Community k 2. year, and the leases to the Nantucket Community School and Nantucket R Music Center will reflect that restriction. 1 B. The Nantucket Community School's programs will not be held in the building is alternative space for those timing July and August unless there no suitable available in the public school buildings.° programs 19. The Nantucket Comilla ity School's summer camp program will not utilize the S Property. ti Town of Nantucket Zoning Board of Anneals RECEIVED BOARD OFASSESSORB FEB 12 2013 TOWN OF NANTUCKET, MA LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER......'...'!.`. ` ......... ............................... MAILING ADDRESS ........ ....//....../ .!.......1..........`t......... PROPERTY LOCATION.....FP...- ''PL`I<< �?.:'e.p. •—V J .................... • • •..... ASSESSOR MAP/PARCEL....... !..!2.' 7•.... 1Q. .� ............................. SUBMITTED BY ............. /' i.. R i�61t!% FF... ............................... SEE ATTACHED PAGES I certify that the foregoing is a list of all persons who are owners of abutting property, owners of land directly opposite on any public or private street or way; and abutters of the abutters and all other land owners within 300 feet of the property line of owner's property, as they appear on the most recent applicable tax list (M.G.L. c. 40A, Section 11 and Zoning Code Chapter 40A, Section 139 -29B (2). i3 - DA ASSESSOR'S OFF CE TOWN OF NANTUCKET z qq F S N ri HWj N u u z :kkkkk °k "kkk k k�kkkkkkkk "" Ck Ad kkkk tl. eg�3e3aaaaaa "aa33�i j 4o4kk944 §444¢G4C5444CYki c'644¢44:C4c'i444444444: m 5 • g � 4 p ...3s3..,ass66�aam, ". s6s�sa Nil ��....1.., |. . ,,••, , ..,, ............�.......... § | | |)| ) | | || | ;;;;|||;| ||| ��� ������ �� �` ��� |`�� ���• ; . ;l,.., ; : | §: n■ | §� .| • |r ,� |l ;�.. |; "!!�! |.,) ;! . |� ;�; !� TOWN OF NANTUCKE RECEIVED BOARD OF APPEA 0 IiflY 3 FIB 3 38 NANTUCKET, MASSACHUSETT JU g4ET TOWN CLERK Date: April 29, 2013 To: Parties in Interest and others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 011 -13 Owner /Applicant: MIDDLE C, 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. Edward S. Toole, Chairman (�/ 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 -226 -7215. NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 42.4.3, Parcel 80 Book 1293, Page 55 56 Centre Street Plan Book 16, Page 78, Lot 1 Residential Old Historic DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, April 11, 2013, at 1:00 P.M., 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of MIDDLE C, LLC, PO Box 359, Nantucket, Massachusetts 02554, File No. 011 -13: 2. Applicant is requesting a modification to condition #16 in Zoning Board of Appeals Decision No. 041 -11 such that condition #16 will now read: "NO exterior construction in connection with the project shall occur between June 15th and October 13t of any given year." The Locus is situated at 56 Centre Street, Assessor's Map 42.4.3 as Parcel 80, Lot 1 in Plan Book 16, Page 78, and evidence of owner's title is recorded in Book 1293, Page 55 in the Nantucket County Registry of Deeds. The site is zoned Residential Old Historic. 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. There were multiple letters in opposition to the requested modification and testimony was received at the hearing both in favor and in opposition to the requested modification. 4. Melissa Philbrick represented the Applicant at the hearing. Ms. Philbrick explained to the Board that due to the extensive fire on the premises, which delayed the project and resulted in a portion of the structure being demolished and rebuilt, the applicant is requesting a modification to condition #16 in Zoning Board of Appeals Decision No. 041 -11. The 1 applicant would now like condition #16 to read: "No exterior construction in connection with the project shall occur between June 15th and October lot of any given year." The original decision placed an exterior construction moratorium between May 15th and October lot of any given year. The Board expressed reluctance to grant the modification allowing exterior construction until June 15th. The Board discussed earlier dates and construction restrictions with the Applicant. 5. Therefore, based on the testimony received at the public hearing and the modified request, the Board finds that a modest extension of the construction deadline day does not substantially alter the original intent or findings of Decision No. 041 -11 and would be in harmony with the purpose and intent of the Bylaw. The Board notes that the extensive fire that destroyed a portion of the structure and delayed construction during the winter months weighed heavily on the decision of the Board. 6. Accordingly, by a vote of FOUR in favor (BOtticelli, McCarthy, O'Mara, Poor) and ONE (Koseatac) opposed, the Board of Appeals approved a modification to the special permit granted in Decision No. 041 -11 as follows: a. Condition #16 shall be replaced with the following language: "NO exterior construction in connection with the project shall occur after 5:00 PM on May 22nd and October lot of any given year. The applicant agreed to additional construction limitations including: all work related to interior construction shall take place inside the structure, no interior or exterior construction shall take place on Sundays, no interior or exterior construction shall take place on May 24, 25, 26, and 27, and no interior or exterior construction shall take place on July 4, 5, 6, and 7 "; All other conditions of Decision No. 041 -11 shall remain in full force and effect. SIGNATURE PAGE TO FOLLOW 2 Dated: 2013 -D Lisa Bottic eft � p Susan McCarthy Michael J. O'Mara Kerim Koseatac Mark Poor COMMONWEALTH OF MASSACHUSETTS Nantucket, as. rryJll , 2013 On this day of VI , 2013, before me, the undersigned Notary Public, personally appeared M Lw IL POG2 , who is personally known to me, and who is the person whose name is signed on the preceding or attached document, and who acknowledged to me that he /she signed it voluntarily for its stated purpose. - N ary Public: My commission expires: LYNELL D. VOLLANS Notary Public Commonwealth of hlossochoseMs W Commission. Expires December 28, 2018 1\0 »MA: West 35 Lily Street, ACK, 02554 508- 228 -7843 APPELLATION OF DECISION OF ZONING BOARD RE. 001 -13 I believe that not only does the Zoning Board's decision re. Application #011-13 set a dangerous precedent but is inaccurately worded in its decision: on the one hand, the Decision reads that "no exterior construction in connection with the project shall occur between June 15t' and October 1" of any given year" (nearly 5 month period), but later reads that "no exterior construction in connection shall occur after S:OOPM on May 22 "d and October 1" of any given year" (a two day period(. There is a huge difference in the use of the word "between" and "and" in the Board's decision. More precision is hereby requested by this appellant as well as by others who have had occasion to read this decision. Centre Street is already very busy NOW before the season actually begins; small wonder that it will be yet more of an impediment as the season progresses. I do not believe that the Board's decision is a "modest extension" that "would be in harmony" with this historic area of downtown Nantucket. Possibly, by way of amendment, I would suggest that construction vehicles (including small privately - owned trucks) not be allowed to clutter Centre Street and that all due respect be paid to neighbors regarding noise abatement by (a) using NRTA passes to transport workers to the site, and (b) simply turning radios down or off. Thank you for your consideration in this matter, = a o =� � c c 3 Jo C. est MD rn m CJ -i May 14, 2013 0 1 L F 3 m z v n r rn cn � y 'Print Fgf0i RECEIVED RECEIVED RV 2013'r6" O p� F aNTUCKF� I' 3 3 39 NANTUCKET, MASSACHUSETT)�AD �S 4 70',9N CLERK Date: April 29, 2013 To: Parties in Interest and others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 011 -13 Owner /Applicant: MIDDLE C, 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. Z CS Edward S. Toole, Chairman 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- 228 -7215. NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 42.4.3, Parcel 80 Book 1293, Page 55 56 Centre Street Plan Book 16, Page 78, Lot 1 Residential Old Historic DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, April 11, 2013, at 1:00 P.M., 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of MIDDLE C, LLC, PO Box 359, Nantucket, Massachusetts 02554, File No. 011 -13: 2. Applicant is requesting a modification to condition #16 in Zoning Board of Appeals Decision No. 041 -11 such that condition #16 will now read: "No exter onstruction in connection with the project shall occur etween June, 15th and October 1st of any given year." The Locus s a o Centre rest, Assessor s ap .4.3 as Parcel 80, Lot 1 in Plan Book 16, Page 78, and evidence of owner's title is recorded in Book 1293, Page 55 in the Nantucket County Registry of Deeds. The site is zoned Residential Old Historic. 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. There were multiple letters in opposition to the requested modification and testimony was received at the hearing both in favor and in opposition to the requested modification. 4. Melissa Philbrick represented the Applicant at' -,the hearing. Ms. if brick exp acne o e oar t a ue to the extensive fire on the premises, which delayed the project and -resu in a structure being demolished and rebuilt, the applicant is requesting a modification to condition #16 in Zoning Board of Appeals Decision No. 041 -11. The applicant would now like condition #16 to read: "No exterior const ruct, connection with the project shall occur between / -June 15th and October let of any given year." The original 1 decision p aced an exterior construction moratorium between May 15th and October lst of any given year. The Board expressed reluctance to grant the modification allowing exterior construction until June 15th. The Board discussed earlier dates and construction restrictions with the Applicant. 5. Therefore, based on the testimony received at the public hearing and the modified request, the Board finds that a modest extension of the construction deadline day does not ubstantially alter the original intent or findings of Decision No. 041 -11 and would be in harmony with the purpose and intent of the Bylaw. The oar notes that the extensive fire that destroyed a portion of the structure and delayed construction during the winter months weighed heavily on the decision of the Board. 6. Accordingly, by a vote of FOUR in favor (BOtticelli, McCarthy, O'Mara, Poor) and ONE (Koseatac) opposed, the Board of Appeals approved a modification to the special permit granted in Decision No. 041 -11 as follows: a. Condition 016 shall be replaced with the following language: "No exterior construction in connection w the project shall occur after 5:00 PM on May 22nd and October 18t of any given year. a app i n agreed o a Ire construction limitations including: all work related to interior construction shall take place inside the structure, no interior or exterior construction shall take place on Sundays, no interior or exterior construction shall take place on May 24, 25, 26, and 27, and no interior or exterior construction shall take place on July 4, 5, 6, and 7 "; All other conditions of Decision No. 041 -11 shall remain in full force and effect. SIGNATURE PAGE TO FOLLOW 2 Dated: 1R1��1,/1,(�(�1�, 2013 Lisa Botticelli��� ^�� kk, Susan McCarthy 7�1 tie lr��e � �'l cam- air Michael J. O'Mara Kerim Koseatac Mark Poor COMMONWEALTH OF MASSACHUSETTS Nantucket, as. rlyvlt , 2013 On this day ofAJ�11-1, 2013, before me, the undersigned Notary Public, personally appeared M LW 14- :900/L , who is personally known to me, and who is the person whose name is signed on the preceding or attached document, and who acknowledged to me that he /she signed it voluntarily for its stated purpose. �� a 0 N ary Public: My commission expires: LYNELL D. VOLLAN5 Notary Pablk 111'6 /f Commonwealth of Niassaehasatts My Commission. Expires Oesamber 28, 2018 3 Typographical Correction to Condition 6A RECEIVED NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road 1013 MY 17 Pfd 3 01 Nantucket, Massachusetts 02554 NANTUCKET TOWN CLERK Assessor's Map 42.4.3, Parcel 80 Book 1293, Page 55 56 Centre Street Plan Book 16, Page 78, Lot 1 Residential Old Historic DECISION 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, April 11, 2013, at 1:00 P.M., 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of MIDDLE C, LLC, PO Box 359, Nantucket, Massachusetts 02554, File No. 011 -13: 2. Applicant is requesting a modification to condition #16 in Zoning Board of Appeals Decision No. 041 -11 such that condition #16 will now read: "No exterior construction in connection with the project shall occur between June 15th and October lst of any given year." The Locus is situated at 56 Centre Street, Assessor's Map 42.4.3 as Parcel 80, Lot 1 in Plan Book 16, Page 78, and evidence of owner's title is recorded in Book 1293, Page 55 in the Nantucket County Registry of Deeds. The site is zoned Residential Old Historic. 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. There were multiple letters in opposition to the requested modification and testimony was received at the hearing both in favor and in opposition to the requested modification. 4. Melissa Philbrick represented the Applicant at the hearing. Ms. Philbrick explained to the Board that due to the extensive fire on the premises, which delayed the project and resulted in a portion of the structure being demolished and rebuilt, the applicant is requesting a modification to condition #16 in Zoning Board of Appeals Decision No. 041 -11. The 1 applicant would now like condition #16 to read: "No exterior construction in connection with the project shall occur between June 15th and October 1st of any given year." The original decision placed an exterior construction moratorium between May 15th and October 1st of any given year. The Board expressed reluctance to grant the modification allowing exterior construction until June 15th. The Board discussed earlier dates and construction restrictions with the Applicant. 5. Therefore, based on the testimony received at the public hearing and the modified request, the Board finds that a modest extension of the construction deadline day does not substantially alter the original intent or findings of Decision No. 041 -11 and would be in harmony with the purpose and intent of the Bylaw. The Board notes that the extensive fire that destroyed a portion of the structure and delayed construction during the winter months weighed heavily on the decision of the Board. 6. Accordingly, by a vote of FOUR in favor (Botticelli, McCarthy, O'Mara, Poor) and ONE (Koseatac) opposed, the Board of Appeals approved a modification to the special permit granted in Decision No. 041 -11 as follows: a. Condition #16 shall be replaced with the following language: "No exterior construction in connection with the project shall occur after 5:00 PM on May 22nd and before October 1st of any given year. The applicant agreed to additional construction limitations including: all work related to interior construction shall take place inside the structure, no interior or exterior construction shall take place on Sundays, no interior or exterior construction shall take place on May 24, 25, 26, and 27, and no interior or exterior construction shall take place on July 4, 5, 6, and 7 "; All other conditions of Decision No. 041 -11 shall remain in full force and effect. SIGNATURE PAGE TO FOLLOW F.