HomeMy WebLinkAbout111-07
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS ,!)2554 :
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Date:
March I""" 2008
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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
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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
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My Commission Expires
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA02554
PUBLIC NOTICE
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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.