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HomeMy WebLinkAbout111-07 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS ,!)2554 : ;:::::. :::0 :;D 1 o ..~ --' ~ Date: March I""" 2008 Vi N To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 111-07 Owner/Applicant: Nantucket Island Land Bank, as Owners Nantucket Platfonm Tennis Association 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. ~In/J ') Ode. [SPA) Michael J. O'Mara, Chainman 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 69 Parcell (PORTION) LUG-3 81 Milestone Road Land Court Plan File 52-A Book 865 / Page 255 At Public Hearings of the Nantucket Zoning Board of Appeals held at 1 :00 PM, Friday, January 11,2008, 1:00PM, Friday, February 8,2008, and 12:00PM, Thursday, March 13,2008 at 2 Fairgrounds Road, Nantucket, Massachusetts, on the Application of NANTUCKET ISLANDS LAND BANK, for themselves as Owners, with a mailing address of 22 Broad Street, Nantucket, MA 02554 and for NANTUCKET PLATFORM TENNIS ASSOCIATION, INC., (hereinafter "NPT A") Contract Licensee, with a mailing address c/o Glidden & Glidden, P.e., 37 Centre Street, Nantucket, MA 02554, Board of Appeals File No. 111-07, the Board made the following Decision: 1. Applicant (NPTA) is seeking relief by SPECIAL PERMIT pursuant to Nantucket Zoning By-law Section 139-7D(5) (recreational facilities). Applicant proposes to operate no more than four (4) platform tennis courts, a warming hut, and storage shed ancillary to said recreational facilities upon a portion of the parcel. The Premises is located at 81 MILESTONE ROAD (PORTION), Assessor's Map 69, Parcell. The property is zoned Limited Use General-3 and is recorded at the Nantucket Registry of Deeds in Book 865, Page 255. 2. The Decision is based upon the Application and materials submitted with it and testimony and evidence presented at the hearings. The Planning Board made no recommendation as the matter presented no issues of planning concern. 3. At the January 10, 2008 meeting, Applicant, through counsel, stated that the Locus is conforming in all respects to the dimensional requirements of the Zoning By-law, and that the proposed improvements to the Locus will comply with all requirements of the Zoning By-Law, including ground cover ratio, front, rear, and side yard set-backs and vehicle parking requirements. 4. The Applicant, through counsel, stated that Applicant has an agreement with the Owner (Nantucket Islands Land Bank) for the use of a portion of Locus for the operation of no more than four (4) platform tennis courts, a warming hut, and storage shed thereon. 5. Public comment, both for and against the Special Permit followed and the Board suggested that the Applicant and the abutters convene to discuss possible resolutions to abutter concerns. 6. At the February 8, 2008 meeting, Applicant, through counsel, stated that Applicant had met with the abutters since the January 10, 2008 meeting, and as a result, Applicant has revised the siting of the improvements in an effort to locate the recreational use closer to the abutter on the east (Nantucket Tennis & Swim Club), and farther away from the abutters to the west (residential owners). 7. The Board then raised concerns regarding proper screening of the proposed improvements, including a request that Applicant create a no-disturb or buffer zone to further shield the improvements from the residential abutters, in addition to the proposed plantings. The Board also asked to review the proposed language in Applicant's agreement with the Owner regarding public accessibility of the proposed improvements . 8. At the March 13,2008 Special Meeting, Applicant, through counsel, presented the revised site plan to the Board. The revisions included on the site plan include, lowering the height ofthe platform tennis courts, lights, and hut by one (1) foot, and the addition of a two (2) foot berm along the northeast corner of the leased area nearest the paddle courts on which the proposed 5'-6' leland cypress trees would be planted approximately 6' apart. Said revised plan also reflects the addition of a forty (40) foot buffer from the edge of improvements to the north and west of the proposed use area, to provide additional screening. Applicant's counsel also provided the Board with a copy of the proposed language regarding public accessibility; language substantially similar to be included in the Applicant's agreement with the Owner for the use of Locus. 9. Therefore, based upon the foregoing, the Board finds that a grant of the requested special permit relief to allow the use of the Locus for recreational facilities consisting of not more than four (4) platform tennis courts, a warming hut, and a storage shed ancillary to such use, would be in harmony with the general purpose and intent of the Zoning By-law. In addition, the Board finds that said use is not substantially more detrimental to the neighborhood than the other uses allowed pursuant to the Zoning By-Law. 10. Accordingly, by a vote of 4-1 (Toole opposed), the Board GRANTS the requested SPECIAL PERMIT pursuant to Nantucket Zoning By-law Section 139-7D(5) (recreational facilities) to allow use of the Locus for recreational facilities consisting of not more than four (4) platform tennis courts, a warming hut, and a storage shed ancillary to such use, based upon the following conditions: a. The improvements, screening, buffer zone, no-disturb zone, and parking plan shall be done substantially as shown upon the "Exhibit A Plan", done by Earle and Sullivan, Inc., Surveyors, dated December 17, 2007, (revised March 5, 2008) a reduced copy of which is attached hereto and marked as Exhibit A; b. Hours of operation of the platform tennis courts shall be no earlier than 7:30 A.M and no later than 9:30P.M.; c. No clearing shall occur in the "no-disturb zone" as shown on said plan, without further relief from the Zoning Board of Appeals. d. Lighting on Locus shall comply with all requirements of the lighting by-law. e. Lease agreement with the Nantucket Islands Land Bank shall contain language insuring access for the general public. Dated: March 13, 2008 ~ chae! 'Mara f) , Q;~... Lisa Botti celli COMMONWEALTH OF MASSACHUSETTS Nantucket, SS M4.wJ-\ ,~ ,2008 On the J ~ ~ay of ~ , 2008, hefore me, the undersigned notary puhlic, personally appeared Li!!.4.. B,lHl.t.l \ i , one of the above-named memhers of the Planning Board of Nantucket, Massachusetts, personally known to me to be the person whose name is signed on the preceding document, and acknowledged that he/she signed the foregoing iniZ:ari;;;:Lthereill expressed. Notary Public MAVd1 "~/;OD t My Commission Expires .., ~.z ~ ~ b. ~~U~ III .t....~.. ::> ~"'Ill1S~ jj! g~.~~ ~ ~~ ;. ~Ill~ .. ~. 1:t~J!!!l!8 :;!'" m~l:H::J ~ 3 gh~~ '" ZZ>'415 i u In~~ ~ "t -~ ~, ....i l:i ~ 1; ~f l_ ~ -8~ g"~ 2~ ::l I tl ---"0 _ '::;0, .~ - ---------- .--.-~, {Jjj~ fillll ;:\ L.__. 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TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA02554 PUBLIC NOTICE ~ ;0 -l 0 .,,,:( -n '., c::J ~ r - ) z CJ r:-.: ,.- ~ n r-" N-"''- r', ;g ..... - 1 <:::) (.J - A PUBLIC HEARING of the NANTUCXET ZONING BOARD OF APPEALS is scheduled for 1:00 PM January 11, 2008 in the Conference Room at2 Fairgrounds Road, Nantucket, MA, 02554. The application materials may be reviewed at the Zoning Board of Appeals office at 2 Fairgrounds Road, Nantucket, MA 02554 between the hours of 8:30 AM. and 4:30 P.M., Monday through Friday. Written comments for the January 11, 2008 meeting must be received by 4:30 PM on Wednesday, January 2,2008 and may be addressed to the Nantucket Zoning Board of Appeals at the above address, faxed to (508) 228-7298, or e-mailed to jbreschel@nantucket- ma.gov NANTUCXET PADDLE 'TENNIS ASSOOA nON, FILE NO. 111-07 The applicant is seeking relief by special permit under Zoning Bylaw 139-7D( 5) (recreational facilities) to allow for the operation of no more than four (4) platform tennis courts, a warming hut, and storage shed ancillary to said recreational facilities. The site is located at 81 Milestone Road, is shown on Tax Assessor's Map 69 as Parcell, and is recorded at the Nantucket Registry of Deeds in Book 865, Page 255. 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Fee: $300.00 File No. U l-01- Owner's name(s): Nantucket Islands Land Bank Mailing address: 22 Broad Street, Nantucket MA 02554 Phone Number: 508-228-7240 E-Mail: esavetsky@nantucketlandbankorg Applicant's name(s): Nantucket Paddle Tennis Association Mailing Address: c/o Glidden & Glidden, PC, 37 Centre Street, Nantucket, MA Phone Number: 508-228-0771 E-Mail: jmglidden@nantucket.net Locus Address: 81 Milestone Road Assessor's Map/Parcel: 69-1 Land Court Plan/Plan Book & Page/Plan File No.: none Deed Reference/Certificate of Ticle: 865/255 Zoning District: LUG-3 Uses on Lot- Commercial: None Residential: Number of dwellings: 0 Duplex: 0 Apartments: 0 Date of Structure(s): all pre-date 7/72: 0 Building Permit Numbers: n/ a Previous Zoning Board Application Numbers: none ..... , State below or attach a separate addendum of specific special permits or variance relief applying for: Please see addendum best of my knOWle~, ~nder SIGNATURE~ I certify that the information contained . is substantially complete and true to the p . s and penalties of perjury. l1 SIGNATURE: Applicantl At~~ Owner* *If an Attorney or other Agent is representing the Owner or the Applicant, please provide a signed proof of agency. OFFICE USE ONLY Application received on:_1 _I _ By:_ Complete:_ Need Copies:_ Filed with Town Clerk_I _I _ Planning Board:_1 _I _ Building Dept.:_1 _I _ By:_ Fee deposited with Town Treasurer:_1 _I _ By:_ Waiver requested:_ Granted:_1 _I _ Hearing notice posted with Town Clerk_I _I _ Mailed:_1 _I _ I&M_I _I _ &_1 _I _ Hearing(s) held on:_1 _I _ Opened on :_1 _I _ Continued to:_1 _I _ Withdrawn:_1 _I _ Decision Due By:_1 _I _ Made:_1 _I _ Filed w ITown Clerk_I _I _ Mailed:_1 _I _ Addendum Nantucket Zoning Board of Appeals Application 81 Milestone Road (portion) Nantucket Platform Tennis Association (the "Applicant") is entering into a long-term agreement with the Nantucket Islands Land Bank Commission ("Owner") who is the owner of81 Milestone Road, Nantucket, evidenced by a deed recorded in the Nantucket Registry of Deeds in Book 865, Page 255 (the "Locus"); said agreement allows Applicant to construct, maintain, and operate platform tennis courts and the accessory structures for same on Locus. The Locus is located in the LUG-3 Zoning District and consists of a one acre portion of a 31.34 acre parcel of Land. Access to the portion of Locus to be used by Applicant will be off of Hinsdale Road as shown on the plan filed herewith. Applicant seeks a Special Permit in accordance with Nantucket Zoning By-Laws Section 139- 7D(5), to allow use of the Locus for operation of no more than four platform tennis courts, a warming hut, and storage shed ancillary to said recreational facilities. Applicant intends to move the three platform tennis courts currently located on a portion of 1 Polpis Road, and to have same reconstructed on Locus in accordance with the plan attached hereto. Applicant does not intend to construct a fourth platform tennis court at this time, but may elect to construct said court at a later time if usage of the courts necessitates such addition. The Locus is conforming as to lot area, containing about 31.34 acres, where a minimum of 3 acres is required. The Zoning District allows for 3% ground cover (40,959.75:t square feet). The platform tennis courts will have a ground cover of 5673:t s.f., the warming hut will have a ground cover of 576 :t s.f., and the storage shed will have a ground cover of 120 :t s.f., for a total ground cover of 6,369:t s.f., well below the allowed ground cover for Locus. Locus otherwise conforms to all requirements of the LUG-3 Zoning District including frontage, having frontage on Hinsdale Road in excess of the 200 feet required in the District. The proposed structures will conform to all other requirements of the By-law, including front, rear, and side yard setback, and vehicle parking requirements. Applicant is a not-for-profit club which currently has 140 active memberships. The current initiation fee is $200; current annual dues are $275 for the 1st adult, $175 for the 2nd + adult(s), and $15/ for each child. The application process requires a simple application and two letters of recommendation from existing members. Typically Applicant loses approximately 10 members each year and takes on new members to fill those vacancies. In the 30+ years of Applicant's existence, no applicant has had to wait more than one year to be admitted as a member. While Applicant's facilities are not open to the public, it's application process and membership policies are such that any member of the public who wishes to become a member, may do so quite easily. Applicant's request is meritorious and the relief requested may be granted without derogating from the health, safety, convenience, morals and general welfare of the inhabitants of neither the Town of Nantucket nor the Purpose of the By-Law. PARKING CALCULATIONS Sec. 139-18 E "For other permitted uses or uses by exception which are not covered in 139-18D, comparably adequate off-street parking shall be required as shall be reasonably determined by the Zoning Enforcement Officer, or the special permit granting authority having jurisdiction." The closest use set forth in 13 8-18D is "Recreational Facilities (commercial)" under Principal and Accessory Uses "B". Under that provision, a minimum of four parking spaces would be required as follows: Requirement Cal. Spaces Required "B" Recreational Facilities: 1 per 3 persons occupancy 4 4 Courts are typically signed up in 1.5 hour increments and four people play on each court at a time. Assuming that a fourth court is built at a later point, and that all four courts were in use at one time, and each person playing drove a car to the courts, 16 parking spots would be needed. The plan filed herewith shows 30 parking spots. The reason for the additional spots is to allow for turn-over (people arriving for the next time slot before the current players have left the site) and the occasional spectator.