HomeMy WebLinkAbout090-06
TOWN "OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
.;:bl'U()1
I <t ' 2007
To: Parties in Interest and" others concerned with the
"-15eC"iSlon"o"f the BOARD O~ APPEALS in the Appl"ication of the
following:
Application No.:
dC(O -0(0
Owner/Applicant :-Lhe. ,g.t!perl- if. ~qG.Y) lliVR ~"'1hr-
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Enclosed is the Decision of the BOARD OF AP EALS 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 necision must be given
to the Town Clerk so as to be received within such TWENTY
(20) days.
NO~~Jj~~~al~
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 U139-30I (SPECIAL PERMITS1;/U139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCK~T ZONING BOARD OF APPEALS.
..
ZONING BOARD OF APPEALS
2 FAIRGROUNDS ROAD
NANTUCKET, MASSACHUSETTS 02554
Assessor's Map 27, Parcel 28
Limited Use General - 3
Certificate of Title No. 5721
158 Polpis Road
Lot 23, Land Court Plan 14311-T
DECISION:
The Board of Appeals at a Public Hearing held on Friday, October 13, 2006, and
continued for resolution after opening the public hearing to Friday, December 8, 2006,
at 1:00 p.m. in the Conference Room at 2 Fairgrounds Road, Nantucket, Massachusetts,
made the following Decision on the Application (090-06) of THE ALBERT F. EGAN
AND DOROTHY H. EGAN FOUNDATION, INC., as the successor by merger of
THE NANTUCKET LIFE SAVING MUSEUM, INC. with a mailing address of 4
Winter Street, Nantucket, MA 02554:
1. Applicant is seeking to renovate the Nantucket Lifesaving Museum in
order to provide for increased exhibit and programming space, staff work-space, and
provide a climate-controlled environment for artifact preservation and increased
handicap accessibility. The lot is undersized, containing about 16,315 square feet of
area, in a district that requires a minimum lot size of 120,000 square feet, and has about
160 feet of frontage in a district that requires a minimum frontage of 200 feet. The
existing museum has a ground cover ratio of about 12.3 % in a district that allows a
maximum ground cover ratio of 3%, and the structure is sited as close as about 24 feet
from the front yard lot line in a district that requires a minimum front yard setback of
35 feet. No parking is provided on site, but historically parking has been available
within the layout of Old Pol pis Road. The Applicant is seeking relief by SPECIAL
PERMIT pursuant to Nantucket Zoning By-law Section 139-18 to waive the parking that
would be required in connection with the proposed expansion; and a FINDING that
additional relief is not required for this project based on M.G.L. c. 40A, Section 3 (the so-
called "Dover Amendment") given the non-profit educational use as a museum. In
addition and/ or in the alternative, to the extent necessary, the Applicant also seeks
relief by SPECIAL PERMIT pursuant to Nantucket Zoning By-law Section 139-33A
(alteration/ expansion of a pre-existing nonconforming structure/ use); and relief by
V ARIANCE pursuant to Section 139-16A to complete the project with a new ground
cover ratio of about 21 % and a front yard setback of about 20 feet.
The Premises is located at 158 POLPIS ROAD, Assessor's Map 27, Parcel 28;
Land Court Plan 14311-T, Lot 23. The property is zoned Limited Use General- 3.
2. The Board's Decision is based upon the Application and materials
submitted with it, plans, and representations and testimony received at the hearing.
Abutters were present at the hearing and submitted letters to the file expressing general
support for the Museum and its expansion, but expressed concerns primarily related to
parking if operations should increase in intensity and asked that conditions be imposed
on the property if relief was granted. Members of the Board of the Museum were
present at the hearing to express their support for the project. The Planning Board
made no recommendation finding it not to be of planning concern.
3. The Applicant, through counsel and various other representatives,
explained the current situation with the artifacts and building and proposed expansion
of the educational uses for the renovated and expanded building, including enhanced
exhibition and programming space, in an educational and appropriately climate-control
setting that would be handicap accessible. The new addition would permit the display
of objects from the Applicant's collection that are currently in storage or exhibited in a
way that does not permit them to be informatively viewed by or explained to a visitor
due to space constraints. The Nantucket Historic District Commission approved this
project in Certificate of Appropriateness No. 49,475. The Applicant represented that the
proposed design is consistent with the residential character of the surrounding
neighborhood, and designed to fit into the site's topography with screening along the
northerly boundary. The "Plot Plan" prepared by Richard K. Earle, licensed surveyor,
dated September 8, 2006, a reduced copy of which is attached hereto as Exhibit A,
indicates that there are significant wetland resource areas along the easterly side
(Folger's Marsh) and westerly side of locus as well as to the south of Old Polpis Road,
limiting the available building envelope. When completed, the museum would have a
20.8 foot setback from the layout of Old Polpis Road. As shown on the Plot Plan, the
presence of the gravel parking area along Old Polpis Road results in a setback from the
traveled surface of approximately 40 feet. A 35-foot front yard setback is required in
this district. Applicant represented that Old Polpis Road was very lightly traveled,
servicing just the Museum and the Fulling Mill Road residential neighborhood. The
Plot Plan also shows that the existing ground cover would be increased from about
12.3% to about 21 %. The elevation drawings submitted show that the building is
designed to limit its height so as to lessen its visual impact and respect its architectural
integrity. In so doing, the educational purposes of the Museum require that a larger
footprint be utilized for the building.
4. Applicant represented that the use of the site as a museum began in 1969,
prior to the 1972 enactment of the Zoning By-law, and is a validly grandfathered non-
conforming use in this Limited Use General- 3 zoning district. No conforming parking
has been historically provided on the site due to the unique shape and topography of
the lot and the location of the existing structure, but the Applicant provided a plan
showing that parking on an immediately adjacent gravel parking area partially situated
within the layout of Old Polpis Road has and would continue to accommodate up to
eight cars, along with one space sized for handicap-accessible vehicles and one bus
parking space. The spaces are not indicated on the ground, but the Applicant offered to
provide appropriate signage indicating that visitors should park as shown on the
reduced plan attached hereto as Exhibit B, entitled "Parking Exhibit", dated "Sept. '06".
Since the space are not wholly contained within the lot lines of the property, the spaces
do not comply with the dimensional requirements for parking spaces, and therefore are
not considered by the Board as providing conforming parking spaces. The parking
calculation for the proposed renovated and expanded building is as follows:
Administrative offices
Museum/ gift shop space
Office & retail employees
less than 300 sq. ft
total occupancy 35
peak shift - 3
1 space
12 spaces
lspace
14 spaces
While virtually no loading or delivery activity is anticipated, especially while the
Museum is open to the public and the existing gravel parking area is in use, there is no
loading zone provided, and therefore relief from the loading zone requirement is also
sought to the extent necessary.
5. The Board considered the automobile, bicycle, and tour bus traffic that
would be generated by the expanded museum gallery and programming space, noting
that the ancillary uses of office and retail space, while expanded, would probably not
generate additional traffic or parking demand. Many of the visitors to the Museum
during the summer arrive by bicycle (given the nearby Pol pis Road bike path) or by
tour bus. Automobile traffic patterns included the use of Old Pol pis Road to the west of
the Museum by residents of the Fulling Mill Road neighborhood, who expressed their
concern that no changes be proposed for Old Polpis Road between its westerly
intersection with Pol pis Road and Fulling Mill Road. The residents were supportive of
the project generally, but were concerned about the impacts of the occasional functions
held at the Museum either in connection with the Museum or by a private party. The
Applicant represented that ten such functions occurred during the 2006 season, and
agreed that notwithstanding the proposed expansion of the building there would be no
increase in the number of functions in any given year. The Board considered the
parking impacts of such functions and the Applicant offered to provide a private duty
police detail in the event the function involved over 100 people and that in no event
would a function cause there to be more than 150 people on the property at anyone
time. The Applicant also suggested that they would be willing to clear the southerly
edge of Old Polpis Road across from the museum so that there would be a grassy
shoulder approximately nine feet wide for a length of approximately 100 feet in order to
provide additional overflow parking during special events at the Museum.
6. The Board relies in part on the exemption provided to non-profit
educational uses in Section 3 of M.G.L. c. 40A (the so-called "Dover Amendment") in
making this Decision. The Applicant is a not-for-profit corporation organized under
M.G.L. c 180 and determined by the Internal Revenue Service to be a Section 501(c)(3)
organization; the use of the Premises as a museum is educational in nature. Therefore,
the Applicant falls under the protection of the Dover Amendment exemption. Based
upon the foregoing, the Board finds that the Applicant's educational goals for the
building would be substantially impaired without furthering any legitimate municipal
concern if the requirements of Nantucket's Zoning By-law were strictly applied. The
public, non-profit character of the Museum and the need for the building to have the
size and location shown on the submitted plans in order to advance its educational
programming, distinguish this project from other residential or commercial projects.
7. Therefore, pursuant to M. G. L. c. 40A, section 3, the Board finds that a
strict application of the dimensional requirements of the Zoning By-law as to ground
cover and setback would unduly restrict the planned educational uses proposed for the
structure without addressing any municipal concerns, and that therefore relief by
variance or pursuant to 139-33A is unnecessary. The Board further finds that the
increase in the size of the Museum's galleries, office and gift shop would not have a
significant adverse impact on traffic in the immediate neighborhood. The Board makes
these findings based on the conditions on which relief is granted set forth below and the
educational use for which the project has been designed. The addition of signage and
enhanced handicap-accessibility would improve the use of the available parking, and
the proposed restrictions would regulate function activity. The Board further finds that
a waiver of the parking and loading zone requirements under Sections 139-18 and 139-
20, respectively would be in harmony with the general purpose and intent of the
Zoning By-law and that the existing parking would be adequate to service the project
and a waiver would not be contrary to sound traffic and safety considerations. The
provision of on-site parking would be difficult given the presence of substantial
wetlands affecting the property and provision of additional parking would have a
significant and adverse effect on the scenic integrity of the neighborhood. The Board
waives, by a unanimous vote, the formal site plan review provisions of Section 139-23
given the nature of the project, the pre-existing structures and use and its location.
8. Accordingly, by a UNANIMOUS vote, the Board hereby GRANTS the
requested relief by SPECIAL PERMIT pursuant to Nantucket Zoning By-law Section
139-18 and 139-20 to waive the required parking spaces and loading zone to the extent
necessary conditioned on the following:
a. The alterations and expansion shall be done in substantial
conformity with the "Plot Plan", prepared by Richard K. Earle,
licensed surveyor, dated September 8, 2006, a reduced copy of
which is attached hereto as Exhibit A;
b. Directional signage shall be erected to encourage parking pursuant
to the parking plan dated Sept. '06, a copy of which is attached
hereto as Exhibit B;
c. Screening either by a fence or densely planted vegetation at least
five feet in height shall be maintained along the northerly
boundary of the property; and
d. No more than 10 functions may be held on the property in any
gIven year;
e. A maximum of 150 people shall be allowed on the property at any
one time, and in the event the function is expected to have more
than 100 people in attendance, a private police detail shall be
employed by the Applicant; and
f. The addition and alterations shall be done in substantial
conformance with Certificate of Appropriateness No. 49,475 as
approved by the Nantucket Historic District Commission, as may
be amended from time to time.
(BOA Dec. 090-06)
Dated: January
1 ~ ' 2007
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POLPIS ROAD
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NANTUCKET LIFESAVING
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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. OCTOBER 13.2006 in the Conference Room, 2
FAIRGROUNDS ROAD, FORMERLY KNOWN AS THE NANTUCKET
ELECTRIC COMPANY BUILDING, WITH AN ENTRANCE FROM OLD
SOUTH ROAD, FIRST RIGHT AFTER FAIRGROUNDS ROAD COMING
FROM TOWN WITH ENTRANCE FROM THE FRONT OF THE BUILDING,
Nantucket, Massachusetts, on the Application of the following:
THE ALBERT F. EGAN, JR. AND DOROTHY H. EGAN FOUNDATION, INC.,
AS THE SUCCESSOR BY MERGER TO THE NANTUCKET LIFE SAVING
MUSEUM, INC.
BOARD OF APPEALS FILE NO. 090-06:
Applicant is seeking to renovate the Nantucket Lifesaving Museum in order to
provide for increased exhibit and programming space, staff work-space, and provide a
climate-controlled environment for artifact preservation and increased handicap
accessibility. The lot is undersized, containing of about 16,315 square feet of area, in a
district that requires a minimum lot size of 120,000 square feet, and has about 160 feet of
frontage in a district that requires a minimum frontage of 200 feet. The existing museum
has a ground cover ratio of about 12.3% in a district that allows a maximum ground cover
ratio of 3%, and the structure is sited as close as about 24 feet from the front yard lot line
in a district that requires a minimum front yard setback of35 feet. No parking is provided
on site, but historically parking has been available within the layout of Old Polpis Road.
The Applicant is seeking relief by SPECIAL PERMIT pursuant to Nantucket Zoning By-
law Section 139-18 to waive the parking that would be required in connection with the
proposed expansion; and a FINDING that additional relief is not required for this project
based on M.G.L. c 40A, Section 3 (the so-called "Dover Amendment") given the non-
profit educational use as a museum. In addition and/or in the alternative, to the extent
necessary, the Applicant also seeks reliefby SPECIAL PERMIT pursuant to Nantucket
Zoning By-law Section 139-33A (alteration/expansion of a pre-existing nonconforming
use/structure); and relief by VARIANCE pursuant to Section 139-16A to complete the
project as proposed with a new ground cover ratio of about 21 % and a front yard setback
of about 20 feet.
The Premises is located at 158 POLPIS ROAD, Assessor's Map 27, Parcel 28,
Land Court Plan 14311-T, Lot 23. (j ~r rtX is zo . 'ted-Us~General-. c
C Nancy J. Se , Chairman
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. O'lO-(fp
FEE: $300.00
APPLICATION FOR RELIEF
Owner's name(s): The Albert F. Egan, Jr. and Dorothy H. Egan Foundation, Inc., as the successor by
merger to the Nantucket Life Saving Musuem, Inc.
Mailing address: 4 Winter Street, Nantucket, MA 02554
Applicant's name(s): Nantucket Life-Saving Museum
Mailing address: 4 Winter Street, Nantucket, MA 02554
Locus address: 158 Polois Road
Assessor's Map/Parcel: 27/28
Land Court Plan No.:
14311-T
Lot No.:
23
Date lot acquired: 1/30/69 Cert.ofTitle: 5721
Zoning District: LUG-3
Uses on Lot - Commercial: None_X_ ~ (describe) Museum
Residential: Number of dwellings_ Duplex_ Apartments_Rental Rooms
Building Date(s): All pre-date 7172?_X_ or
Building Permit Nos: 490-05 (cupola repair)
Previous Zoning Board Application Nos.: none
C of O(s)?
State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Se;~ on of
the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing n~confo~~ities:
N !
N
See attached addendum
::;
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I certify that the information contained herein is substantially complete and true to the best of my
knowledge, under e pains and penalties of perjury.
SIGNATURE: AP~licant / Attorney/Agent
(If not owner or 's attor y, please enclose proof of agency to bring this matter before the Board)
~ FOR 1(BAPFFICE USE
Application received on:j;JL By: (JJU 0 Complete: Need copies?: ~., \
Filed with Town Clerk:-=V _ . g oard:_/_/_ Building Dept.:_/--" i//~
Fee deposited with Town Treasurer: / ~y: L(./IAiNvaiver requested?:_Granted:_/_/_
Hearing notice posted with Town Clerk:3~o Mailed:~I&M:~/~,QQ &!..Qj 510(1
Hearing(s) held on:_/_/_ Opened on:_/_/_ Continued to:_/_/_ Withdrawn?:_/_/_
DECISION DUE BY:_/_/_ Made:_/--"_ Filed w/Town Clerk:_/_/_ Mailed:_/_/_
DECISION APPEALED?:_/_/_ SUPERIOR COURT: LAND COURT Form 4/03/03
Addendum A
The Applicant seeks to expand and renovate the Nantucket Lifesaving Museum
to provide for increased exhibit and programming space, staff work-space, and a
climate-controlled environment for artifact preservation. The lot is undersized,
consisting of 16,315i. square feet of area with 160 feet of frontage. The existing
museum structure has a ground cover ratio of 12.3 % and is situated 24 feet from
Old Polpis Road. No parking is provided on-site, but parking is available within
the layout of Old Pol pis Road. The Applicant seeks a Special Permit to waive
the parking that would be required under Section 139-18 of the Nantucket
Zoning By-law in connection with the proposed expansion, as shown on the
enclosed site plan, and a finding that additional relief is not required for this
project based on M.G.L. c. 40A, Section 3 (the so-called "Dover Amendment")
given the non-profit educational use as a museum. Alternatively, the Applicant
also seeks relief (1) by Special Permit pursuant to Section 139-33A of the
Nantucket Zoning By-law to alter and expand the pre-existing, non-conforming
use of the premises as a museum, (2) to approve pursuant to Section 139-23 the
site plan prepared by Nantucket Surveyors for this project, and (3) by Variance
from the ground cover ratio and front yard setback requirements of Section 139-
16 to permit the project to proceed with a ground cover ratio of 21 % and a
setback of 20 feet from Old Polpis Road, as shown on the plan.
Town of Nantucket Web GIS - Printable Map
Page 1 of2
Town of Nantucket Web GIS
Prop ID
Address
Owner
2728
158 POLPIS RD
NANTUCKET UFESAVING
MUSEUM IN
158 POLPIS ROAD
NANTUCKET, MA 02554
For general reference only: Important
i caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
NOT A LEGAL DOCUM ENT
Sale Date
Sale Price
Book/Page
Lot Size
$0
C0005/721
0.37 acres
Disclaimer The information displayed on this or
any other map produced by The Town of
Nantucket is for reference purposes only. Thp
Town of Nantucket does not guarantee the
accuracy of the data. Users are responSible for
determll1l11g the Suitability for individual needs.
All information IS from the Town of Nantucket
r~~~_~....h;~ l........._.........._...;......... c"................... I,l,\ ,..l....t-....h~___
Map Composed
http://host.appgeo.comlnantucketmalPrintableMap.aspx?Preserve=Width&Map Width=345 ... 9/21/2006
Page 1 of 1
Linda Williams
From: Melissa Philbrick [mphilbrick@philbricklaw.com]
Sent: Tuesday, September 19,2006 11:44 AM
To: Linda Williams
Cc: 'Jean Grimmer'
Subject: RE: ZBA - lifesaving museum
Hi Linda -
Nantucket Life Saving Museum, Inc. was incorporated on October 9, 1967. Bob Caldwell conveyed the land to
the Life Saving Museum on January 30, 1969, and the building (built specifically to house the collection) was
completed shortly thereafter.
With respect to the parking analysis, my calculations are:
office (less than 300 sq. ft) - 1
employees (less than 3) - 1
occupancy (35 people) - 12
for a total of 14 spaces required with the proposed project. Of course, more people may attend special events
that spill over to the outside of the facility (like Lifesaver's Recognition Day held in early September, which is an
annual event), but I don't believe that those occasional uses enter the calculation. If you disagree, let me know.
The waiver of parking request is supported by the documented number of visitors who arrive by bike and the
practical parking that's available (more than 10 cars and a bus will fit simultaneously) immediately adjacent to the
property within the layout of Old Polpis Road.
Melissa
from: Linda Williams [mailto:lwilliams@nantucket-ma.gov]
Sent: Tuesday, September 19, 2006 11:24 AM
To: Melissa Philbrick
SUbject: ZBA
Do you know when the lifesaving museum was built and when the museum got there???????? LW
9/19/2006
~
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Town of Nantucket
RECEIVED
BOARD OF A~SESSORS
Sf? 0 8 2006
TOWN OF
NANTucKET, MA
ZONING BOARD OFAPPEALS
LIST OF PARTrES fN fNTEREST TN THE MATTER OF THE PETITrON OF
PROPERTY OWNER"~~~T:~~.~..~
MAILING ADDRESS.....~...... c........ ..... ..... ..... .~......... ....
PROPERTY LOCATION.... ..../f"..f6,. ...... .'R/pl. i ..;.It(f,,~......
ASSESSORS MAP/PARCEL...... ... ,. .~.?!r:t Jl'....................................
APPLICANT............ ..... .~... ... ...... .................... ...................
PHILBRICK AND AVERY LLP
P.O. BOX 148
%ERO MAIN STREET, 2ND FLOOR
NANTUCKET, MA 02554
SEE ATTACHED PAGES
I cmify ,hat 'he foregoing is a list ofpersons who are owners of abutting property. Owners of
I, nd di rect I y oPposi to On any public or pei vate stree, 'or wa y; and a butters 0 f 'he abutt'" and all
o,h" I and owners wi 'h i n 300 fee, 0 f ,he property Ii n e of Owner' s property, a II as 'h ey appear 0 n
'he most recent applicable 'ax list (M.G.L. c. 40A, Sec'ion II Zoning Code Chap,,, 139.
Section 139-29D (2)
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