HomeMy WebLinkAbout028-04
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: ~ lY.
, 200t
To: Parties in Interest and Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
/7129_OU
Application No.: L/ 0 ~
Owner/Applicant: IV Qn'ltJdcof-- (k}1t.V(\rrxtJ
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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.
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cc: Town Clerk
Planning Board
Building Commissioner
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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.
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NANTUCKET ZONING BOARD OF APPEALS
One East Chestnut Street
Nantucket, Massachusetts 02554
15 Broad Street, Nantucket
Assessor's Map 42.4.2, Parcel 061
Residential Commercial Downtown
Land Court Plan 36071- A
Certificate of Title No. 5962
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals, on
Friday, May 14, 2004, at 1:00 P.M., in the Conference Room in the Town Annex
Building, 37 Washington Street, Nantucket, Massachusetts, the Board made the
following decision on the application (028-04) of NANTUCKET HISTORICAL
ASSOCIATION of 15 Broad Street, Nantucket, MA 02554, in connection with its
property known as 15 Broad Street, Nantucket, Massachusetts.
2. Applicant (Nantucket Historical Association) is seeking a
MODIFICATION in the Decision in BOA File No. 056-03, which granted relief by
SPECIAL PERMIT in conjunction with major renovations and new construction
relating to the Nantucket Whaling Museum complex. Applicant is now seeking
to eliminate the condition in Paragraph 9, subsection (d) in said Decision, which
prohibited exterior construction related to this' project between May 21 and
October 15 of any given year. Applicant states that there were unanticipated
delays, primarily due to the weather, that have made adherence to that condition
as written impossible. Escalating costs to the NHA and inability to have the
project completed for the 2005 season are cited as possible results if a waiver
from this condition is not granted. See also BOA File No. 011-82. The Premises is
located at 15 BROAD STREET, Assessor's Map 42.4.2, Parcel 61, Land Court Plan
36071-A. The property is zoned Residential-Commercial Downtown.
3. Our decision is based upon the application and accompanying
materials, and representations and testimony received at our public hearing. The
Planning Board made no recommendation, finding that the application did not
present issues of planning concern. The letter from the Nantucket Regional
Transit Authority expressed concern only that the construction fencing be
removed from the street prior to May 20th. The letter from the Town's Executive
Secretary on behalf of the Board of Selectmen supported this request, provided
that the fence on Broad Street is moved back onto the Applicant's property prior
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to May 20th. One abutter spoke in favor of the applicant and there was no
opposition.
4. At the hearing the Applicant explained the efforts made by the
contractor to adhere to a schedule under which the Board's condition of no
exterior construction after May 21 could be met. Weather-related delays and
unforeseen conditions particularly in the renovation of the candle factory
building resulted in a schedule whereby exterior construction, despite best
efforts, could not be completed in compliance with that deadline. The
construction fence has been removed from the street and the sidewalk prior to
this hearing. The anticipated schedule for completion of exterior construction
was reviewed with the Board. The Applicant and the contractor have
maintained an open line of communication with Town officials throughout the
project and expect to work closely with police and other representatives of the
Town throughout the summer to minimize the impact of the project on traffic
and eliminate any risk to public safety. Board members expressed concern
regarding exterior construction activity that would occur outside of the existing
construction fencing to complete the renovation of the candle factory building
after May 21st during times of peak pedestrian activity.
5. In the event that the requested modification of the Special Permit is
not granted, the Applicant will suffer severe financial hardship in terms of
escalating construction costs and the inability to open the museum space for the
summer of 2005. Having the Whaling Museum complex closed for both the 2004
and the 2005 seasons would be a detriment to the public, both residents and
visitors alike. The public interests are better served by not interrupting the
construction process at this point and thereby not extending the construction
phase unnecessarily; the more expeditious a return of this area to its intended
use, the better. Traffic congestion during construction of the project had been
discussed during the original hearing on the project and the Applicant had
volunteered to limit exterior construction during the summer months. The
elimination of the construction fencing from the sidewalk and street has
significantly addressed the original concerns regarding pedestrian safety. The
extent to which exterior construction is already complete alleviates many
concerns regarding heavy construction vehicle activity in the area.
6. Accordingly, the Board of Appeals votes to GRANT the requested
MODIFICA TION of the SPECIAL PERMIT relief granted in BOA File No. 056-03,
by a unanimous vote, to eliminate the condition in paragraph 9, subsection (d)
which condition had prohibited exterior construction between May 21 and
October 15, provided that (a) exterior construction activity on the candle factory
building outside of the construction fencing would not occur on weekends and,
after July 1st, would require a police detail, (b) no exterior work would occur on
2
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Memorial Day or during the Independence Day celebration, and (c) the balance
of the conditions in the BOA File No. 056-03 Decision remain in place.
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Dated:
May 1!:f, 2004
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TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
NOTICE
A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at
1:00 P.M., FRIDAY, MAY 14,2004 in the Conference Room, Town Annex Building,
37 Washington Street, Nantucket, Massachusetts, on the Application of the following:
NANTUCKET HISTORICAL ASSOCIATION
BOARD OF APPEALS FILE NO. 028-04
Applicant is seeking a MODIFICATION of the Decision in BOA File No. 056-
03, which granted relief by SPECIAL PERMIT in conjunction with major renovations
and new construction related to the Nantucket Whaling Museum complex. Applicant is
now seeking to eliminate the condition in paragraph 9, subsection (d) in said Decision,
which prohibited exterior construction related to this project between May 21 and
October 15 of any given year. Applicant states that there were unanticipated delays,
primarily due to the weather, that have made adherence to that condition as written
impossible. Escalating costs to the NHA and inability to have the project completed for
the 2005 season are cited as possible results if a waiver from this condition if not granted.
See also BOA File No. 011-82.
The Premises is located at 15 BROAD STREET, Assessor's Map 42.4.2, Parcel
61, Land Court Plan 36071-A. The property is zoned Residential-Commercial-
Downtown.
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THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
NANTUCKET ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MA 02554
CASE NO.02f-o f
FEE: $300.00
APPLICATION FOR RELIEF
Owner's name(s): Nantucket Historical Association
Mailing address: 15 Broad Street, Nantucket, MA 02554
Applicant's name(s): Nantucket Historical Association
Mailing address: 15 Broad Street, Nantucket, MA 02554
Locus address: 15 Broad Street
Land Court Pia nIP Ian Book & Page/Plan File No.: 36071-A
Date lot acquired:_/_/_ Cert. of Title: 5962
Assessor's MapIParcel: 42.4.2- 061
Lot No.: N/A
Zoning District: RCDT
Uses on Lot - Commercial: None~ (describe)
Museum with accessory offices and gift shop
Residential: Number of dwellings~ Duplex_ Apartments_Rental Rooms
C of O(s)?
Building Date(s): All pre-date 7/72? no
or
Building Permit Nos: open permit for ongoing museum proiect
Previous Zoning Board Application Nos.: 011-82 for the gift shop; 056-03 for museum proiect
State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of
the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities:
See attached addendum.
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.
N c et Historical Associ . n, by its attorney
SIGNATURE: Applicant Attorney/Agent X
(If not owner or owner's attorney, please enclose proof of agency to bring this matter before the Board)
L.1 F9R,.....ZBA ,OFFICE USE
Application received on:.I../ l.r/{2!fBy: LI~ Complete: Need copies?:~
Filed with Town Clerk:!!...J3tlJ9i Planning Board:_I-'_ Building Dept.:-" P By: (~~
Fee deposited with Town Treasurer::iJ3::J../~BY:~ Waiver requested?:_Granted:_I_/_
Hearing notice posted with Town Clerk:_~j;o /Q:1 Mailed:~/ 3dQjI&M:!i/z9/{!j& 5/fL../d
Hearing(s) held on:_/_/_ Opened on:_/_/_ Continued to:_/_/_ Withdrawn?:_/_/_
DECISION DUE BY:_/_/_ Made:_/_I_ Filed w/Town Clerk:_/_/_
Mailed: / /
DECISION APPEALED?: / /
SUPERIOR COURT:
LAND COURT
Form 4/03/03
Nantucket Historical Association
Addendum A
The Applicant requestS a modification of ZBA Decision No. 056-03 to eliminate
the condition to the relief granted in that decision which prohibited exterior
construction between May 21 and October 15. Unanticipated delays, primarily
related to weather conditions, have made adherence to the condition as written
impossible. Based on the status of work at this time, all exterior siding and
roofing work will be completed on or before June 30,2004; some fa<;ade repair
and window restoration in the historic portion of the structure and exterior
painting may continue into July. Shawmut, the general contractor for the
project, has been and will remain in contact with NRT A and town officials to
minimize the impact of the ongoing project on the traffic in the area. Unless
relief from this condition is granted, the project will be unable to be completed in
time for the 2005 season, and the interruption in the sequencing of work will
cause the cost of the project to escalate enormously.
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
5ep;:e()'\~~ J., , 20 ~
To: Parties in Interest and Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.: QJtP --03
Owner/Applicant: No (rtu~ N--t'r1c.Jrl '((LQ
1+ SSb Q1~Q~ 6(\
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.
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 ~139-301 (SPECIAL PERMITS); 9139-321 (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
NANTUCKET ZONING BOARD OF APPEALS
One East Chestnut Street
Nantucket, Massachusetts 02554
15 Broad Street, Nantucket
Assessor's Map 42.4.2, Parcel 061
Residential Commercial Downtown
Land Court Plan 36071- A
Certificate of Title No. 5962
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals, on
Friday, August 8, 2003, at 1:00 P.M., in the Conference Room in the Town Annex
Building, 37 Washington Street, Nantucket, Massachusetts, the Board made the
following Decision on the Application (056-03) of NANTUCKET HISTORICAL
ASSOCIATION of 15 Broad Street, Nantucket, MA 02554, in connection with its
property known as 15 Broad Street, Nantucket, Massachusetts.
2. Applicant (Nantucket Historical Association) is seeking relief by
SPECIAL PERMIT under Nantucket Zoning By-law Section 139-17C(4) to
reconstruct the building linking the existing Peter Foulger Museum with the
existing Whaling Museum building. The ridge height of the new portion of the
structure will be no higher than 34 feet above grade (slightly lower than the
ridge height of the existing Whaling Museum). Applicant states that the design
of the project at this height is an integral part of the renovation and restoration of
the Whaling Museum's historic building and ongoing mission as a museum and
educational institution. The belvedere and elevator portions of the structure
above the ridge line would give access to the roof walk to the public and can be
considered exempt from the height restrictions pursuant to Section 139-17B(1)
and (2), respectively. Alternatively, if the Board finds that these portions of the
building are not roof structures for ornamental and mechanical purposes, then
the relief by Special Permit is also requested for those portions of the building,
which would not exceed a maximum height of about 46 feet above grade. The
structure would comply with setback and ground cover requirements, and
involves the removal of a portion of the existing structure that intrudes into the
required rear yard setback area. The uses on the Locus consist of the Whaling
Museum, gift shop, meeting space and administrative offices. No parking is
provided on site and to the extent necessary, Applicant is also seeking relief by
Special Permit under Nantucket Zoning By-law Sections 139-18 and 139-20 to
waive all parking and loading zone requirements, respectively. The Premises is
located at 15 BROAD STREET, Assessor's Map 42.4.2, Parcel 61, Land Court Plan
36071-A. The property is zoned Residential-Commercial Downtown.
3. Our Decision is based upon the Application and accompanying
materials, and representations and testimony received at our public hearing.
The Planning Board made no recommendation, finding that the Application did
not present issues of planning concern. Letters from neighbors, including the
immediate abutter to the rear located within the same block as the Museum
Complex, in support of the Application were received at the hearing. The letters
from the neighbors support this Application generally and specifically state that
the proposed design will not have an adverse impact upon their properties.
There was no opposition on file or presented at the hearing.
4. The Applicant, through counsel and various other representatives,
explained the educational uses proposed for the renovated and expanded
structures, and in particular the use of the roof area as an outdoor museum
gallery to educate visitors regarding Nantucket's strong link with the sea.
Interpretive panels, exhibited objects and educational sessions are planned for
the rooftop gallery, providing the culmination of the learning experience about
Nantucket's past that begins in the new gallery space on the first and second
floor. The design of the project, both its size and its height, permits the display
of large objects, like the whale skeleton, the old Town Oock and the old
lighthouse lens, in an educational and appropriately climate-controlled setting.
It also permits the restoration of the Whaling Museum building and the display
of many objects from the Applicant's collection which are currently in storage
due to space constraints. The new building would comply with the
requirements for handicap accessibility throughout; the belvedere and elevator
portions of the structure above the ridgeline would make the rooftop gallery one
of the few places where a panoramic view of the harbor would be accessible to
all members of the public. The Nantucket Historic District Commission has
approved the plans for this project in Certificate of Appropriateness No. 42,001,
The Applicant represented that the proposed height is appropriate to the scale of
the surrounding streetscape, with other structures over 30 feet high. The Board
finds that the belvedere and the elevator shaft portions of the building are not
roof structures for ornamental and mechanical purposes as defined in Section
139-17B(1) and (2) of the Zoning By-law. Therefore the Board evaluated the
requested Special Permit encompassing the belvedere and elevator portions of
the structure, the height of which would not exceed 46 feet above grade.
5. Applicant represented that the project would comply with the side
and front yard setback requirements and would correct the existing rear yard
intrusion into the five-foot setback area, as the proposal includes the removal of
a validly pre-existing non-conforming portion of the existing building. The
existing structure has a ground cover ratio of approximately 52% and the
proposed project would increase the ground cover ratio to approximately 60%.
The Locus is situated within the newly adopted Residential-Commercial
Downtown ("RCDT") district approved at the 2003 Annual Town Meeting. This
zoning change increased the ground cover ratio permitted as of right from 50%
2
to 75% and created the ability for the Board to waive the zoning code's height
limitations by Special Permit for any structure within the RCDT District. While
the zoning changes approved at the 2003 Town Meeting establish helpful criteria
for guiding the Board's decision-making with respect to the height and size of
the structure, the Board relies in part on the exemption provided to nonprofit
educational uses in Section 3 of M.G.L. c. 40A (the so-called "Dover
Amendment") in making its Decision. The Board finds that the Applicant's
educational goals for the building would be substantially diminished and
significantly impaired without furthering any legitimate municipal concern if
the requirements of Nantucket's Zoning By-law were strictly applied. The
public, nonprofit character of the Museum and the need for the building to have
the size and height shown on the submitted plans in order to advance its
educational programming, distinguish this project from other residential or
commercial buildings within the RCDT district.
6. The Applicant stated that the uses in the building are all permitted
as of right and consist of museum and meeting space, administrative offices and
a gift shop. The parking calculations for the uses in the proposed building are as
follows:
administrative offices
museum space
gift shop
office & retail employees
approx. 4,250 sq. ft.
total occupancy - 645
approx. 1,200 sq. ft
peak shift - 20
21 spaces
215 spaces
6 spaces
-1 spaces
249 spaces
No parking has been historically provided on the site and the existing uses
would have required approximately 135 parking spaces to be provided. Section
139-18 requires that, when a structure is expanded, parking requirements shall
be calculated as if newly constructed or waived. The parking courtyard is
shown on the attached site plan for accommodating staff vehicles as needed, but
this courtyard does not comply with the dimensional requirements for parking
areas, and therefore is not considered by the Board as providing conforming
parking spaces. Similarly, while the site plan for the project shows the
continued use of the area at the rear of the Foulger Building for loading, that
space does not conform to the dimensional requirements for loading zones in the
Nantucket Zoning By-law. Therefore relief from the loading requirements is
also needed.
7. The Board considered the automobile and pedestrian traffic that
would be generated by the expanded museum gallery space, noting that the
administrative offices and retail space remain approximately the same. The
Applicant currently provides NRTA passes to its employees based at its
administrative offices and is willing to continue that practice as a condition of
the relief requested. The majority of the visitors to the Museum during July and
3
9. Accordingly, the Board of Appeals, by a vote of four in favor
(Sevrens, O'Mara, Sanford and Wiley), and one against (Murphy), GRANTS the
requested SPECIAL PERMIT relief under Nantucket Zoning By-law Sections
139-17C, 139-18 and 139-20, to permit the renovation of the existing Whaling
Museum and Foulger Building as presented, and allow the construction of a new
building linking those buildings, substantially as shown on the site plan
prepared by Blackwell & Associates, Inc., dated July 12, 2003, a reduced copy of
which is attached hereto as Exhibit A, on the following conditions:
(a) The project shall be constructed substantially in accordance with
the plans approved by the Nantucket Historic District Commission
in Certificate of Appropriateness No. 42,001, as it may be amended;
(b) Two bike racks shall be provided on the Premises for use by
Museum patrons;
(c) Employees of the Applicant who are located in the administrative
offices in the Foulger Building and the Museum complex shall be
provided with NRT A passes by the Applicant; and
(d) No exterior construction in connection with the project for which
this Special Permit is granted shall occur between May 21 and
October 15 of any given year.
Dated:
S!fT~\t!fh 2003
avid Wiley
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Edward ~Sanf d
Edward Murphy
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Town of Nantucket
. RECEIVED
BOARD OF AS~~SSORS
APR 0 9 2004
TOWN OF
NANTUCKET, MA
ZONING BOARD OF APPEALS
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF
PROPERTYOWNER.....Mf!:.~ -!!:i< ...:~ f~ .
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SEE ATTACHED PAGES
I certi fy that the foregoing is a list of 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, all as they appear on
the most recent applicable tax list (M.G.L. c. 40A. Section II Zoning Code Chapter 139.
Section 139-290 (2)
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