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HomeMy WebLinkAbout035-99COMMONWEALTH OF MASSACHUSETTS NANTUCKET, SS. LAND COURT DEPARTMENT OF THE TRIAL COURT CIVIL ACTION NO.: ~~J~ ~~~ LAURINDA LECAIN and LACEY BRANDY Individually and as Trustees of Ledgewood Realty Trust and Woodledge Realty Trust and LAURINDA LECAIN as Executrix of the Estate of Lawrence Phaff, Plaintiffs, v. DALE W. WAINE, LINDA F. WILLIAMS, MICHAEL J. O'MARA, EDWARD S. TOOLE, and EDWARD C. MURPHY, As they are Members of the Town of Nantucket Zoning Board of Appeals, TOWN OF NANTUCKET, and the PARKS AND RECREATION COMMISSION, Defendants. COMPLAINT INTRODUCTORY STATEMENT / .~~f-. ~. t~El~ J~ ~~~~N~S OFFICE ~~Af~l~1 .s`<.`` ~~, MA. 02554 C.~~~~7 12 iJ99 It.~f~. ~'~.elr r!~.~ This is a Complaint for judicial review pursuant to G.L. c. 40A, § 17 of a decision of the Zoning Board of Appeals of the Town of Nantucket ("Zoning Board"). The Zoning Board's Decision granting a variance to the Town of Nantucket and its Parks and Recreation Commission for construction of a bathhouse in Madaket, Nantucket exceeds the authority of the Zoning Board and therefore, must be annulled. PARTIES AND JURISDICTION The Plaintiffs, Laurinda LeCain and Lacey Brandt are Trustees of the Ledgewood Realty Trust and Woodledge Realty Trust (together, the "Trusts") and are holders of 100% of the 383903_1 beneficial interest in the Trusts. Laurinda LeCain and Lacey Brandt are also the legal heirs of the former Trustee of the Trusts, Lawrence Phaff. The Trusts own 353-355 Madequet Road (also known as Midland Road) and 4 Ames Avenue, Nantucket, Massachusetts, property abutting the abutters to the proposed bathhouse. Laurinda LeCain and Lacey Brandt also own 347 Madaket Road, Nantucket, Massachusetts, property directly abutting the proposed bathhouse. Laurinda LeCain is also the Executrix of the Estate of Lawrence Phaff, her father. To the extent the Phaff estate has an interest in any of the above-referenced properties, Laurinda LeCain has the authority to bring this suit on the Estate's behalf. 2. The Defendant, Dale W. Waive ("Waive") is an individual with an address of P.O. Box 2726, 11 Bishops Rise, Nantucket, MA 02554. Waive is a Member of the Zoning Board. 3. The Defendant, Linda F. Williams ("Williams") is an individual with an address of P.O. Box 1446, S. Pasture Lane, Nantucket, MA 02554. Williams is a Member of the Zoning Board. 4. The Defendant, Michael J. O'Mara ("O'Mara") is an individual residing at 240 Polpis Road, Nantucket, MA 02554. O'Mara is a Member of the Zoning Board. 5. The Defendant, Edward S. Toole ("Toole") is an individual residing at Box 725, 28 Burnell, Siasconset, MA 02564. Toole is a Member of the Zoning Board. 6. The Defendant, Edward C. Murphy ("Murphy") is an individual with an address of P.O. Box 1260, 163 Orange Street, Nantucket, MA 02554. Murphy is a Member of the Zoning Board. 2 383903_1 7. The Town of Nantucket and the Parks and Recreation Commission, 16 Broad Street and 2 Bathing Beach Road, respectively, both in Nantucket, Massachusetts were the Applicants in the Zoning Board proceeding. 8. Waine, Williams, O'Mara, Toole and Murphy comprise the entire panel of the Zoning Board voting on the decision as to which judicial review is sought, and are named as Defendants solely in their capacity as Members of the Zoning Board. 9. This Court has subject matter jurisdiction over this Appeal pursuant to G.L. c. 40A, § 17. FACTS 10. The Town of Nantucket and its Parks and Recreation Commission (the "Town") sought a variance from the setback requirements of Nantucket Zoning Bylaw ~ 139-16A to construct a 590+ square foot bathhouse structure containing restroom facilities, dressing rooms, and an ancillary storage area on a 5,050+ square foot lot, situated in a zoning district requiring a minimum lot size of 20,000 square feet. 11. The bathhouse structure would be sited 2.7+ feet at its closest point from the southwesterly rear yard lot line in a district requiring a minimum rear yard setback of 10 feet and 3.1+ feet at its closest point from the front yard lot line in a district that requires a minimum setback of 30 feet. The Town proposed to provide four on-street parking spaces. 12. The proposed bathhouse would be located at 2 Ames Avenue, in Madaket, which is zoned Residential-2. 13. On September 17, 1999, the Zoning Board filed with the Office of the Nantucket Town Clerk a Decision granting the Town's request for setback variances under Zoning Bylaw 3 383903_1 § 139-16A. A certified copy of the Zoning Board's Decision as filed with the Nantucket Town Clerk is attached hereto as Exhibit A. 14. In its Decision, the Zoning Board states in relevant part: the shape of the lot prevents any structure placed there from meeting the current setback requirements, the lot being at 28.97 feet wide in a district that today requires a 30 foot setback. Because this preexisting, non-conforming lot would be rendered unbuildable by strict enforcement of the present setback requirements, because the building is located in an area where it will be bounded on all four sides by road ..., because that is a condition that exists for no other property in the zoning district, because the structure will be 100 feet from the nearest building (recognizing that spacing of structures is one of the purposes of zoning bylaws in the first place), and because the building is being constructed for an important public purpose, the Board finds that it meets the statutory requirements for variance relief. 15. The Zoning Board's Decision granting a variance exceeds the authority of the Zoning Board for reasons which include, but are not limited to: (a) the Zoning Board's Decision does not correctly apply the appropriate standard of review for the approval sought. (b) the Zoning Board's Decision is unreasonable and arbitrary because it does not have a substantial basis in fact, and is not reasonably based on the evidence of the record before the Board. (c) the Decision of the Zoning Board granting the Town's Application is an error of law. (d) the Decision of the Zoning Board fails to comply with the procedural and voting requirements of G.L. c. 40A. 16. The Plaintiffs are aggrieved by the Decision of the Zoning Board because among other matters, (a) they are abutters or abutters to the abutters to the property upon which the 4 383903_1 Town seeks to build the bathhouse; and (b) the Zoning Board's Decision adversely effects their property and infringes on their legal rights in a way that is special and different from the rest of the community. WHEREFORE, the Plaintiffs pray: 1. That the Decision of the Zoning Board be annulled; 2. For such other and further relief as this Court may deem just and appropriate. LAURINDA LECAIN and LACEY BRANDY Individually and as Trustees of Ledgewood Realty Trust and Woodledge Realty Trust and LAURINDA LECAIN as Executrix of the Estate of Lawrence Phaff, them Attorneys, Dated: October 6, 1999 Phil G. i m, BBO #193700 Reb~cca .Tepper, BBO #567934 Rubi and Rudman LLP 50 R~ves Wharf Boston, MA 02110 5 383903_i -TOWN OF NANTUCKET - BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: September ~.1 19 99 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: 03~-99 Application No.: Owner/Applicant: THE TOWN OF NANTUCKET AND THE PARKS AND RF.rREATION COMMISSION 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. / ~ Dale W. Waine - Chairman ATTEST: A TRUE COPY cc : Town Clerk c"' Planning Board 7 Building Commissioner NANTUCKET TOWN CLERK 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. TOWN Or NAN'PUCKI;T ZONING BOARD OF APPEALS 37 WASHINGTON STRRRT NANTUCI~T, MASSACHUSRTTS 02554 Assessor's Map 60 2 Ames Avenue Parcel 138 Land Court Plan 3092-X R-2 Lot D-3 (portion) Deed Ref. LC Cert. #2697 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals held at 1:00 p.m., Friday, Apri19, 1999, continued to May 14, 1999, and concluding on June 11, 1999, in the Town Annex Building Conference Room at 37 Washington Street, Nantucket, Massachusetts, on the application of THE TOWN OF NANTUCKET AND THE PARKS AND RECREATION COMMISSION, 16 Broad Street and 2 Bathing Beach Road, respectively, both in Nantucket, Massachusetts 02554, Board of Appeals File No. 43S 99, the Board made the following decision: c~ 2. The Applicant (T'arks and Recreation Commission) seeks a VARIANCE from the Intensity Requirements. (setbacks) of Nantucket Zoning By-Law §139-16A so as to construct a 590E square foot bath house structure containing rest room facilities, dressing rooms, and an ancillary storage area on a S,OSOf square foot lot, situated in a zoning district requiring a minimum lot size of 20,000 square feet. The structure would be sited 2.7E feet at its closest point from the southwesterly rear yard lot line in a district requiring a minimum rear yard setback often feet and 3.1E feet at its closest point from the front yard lot line in a district t1~at requires a minimum setback of 30 feet. The applicant propose providing four on-site parking spaces. The premises is located at 2 Ames Avenue, in Madaket, Assessor's Map 60, Parcel 138, which is zoned Residential-2. 3. This decision is based on t}~e application and materials submitted with it and the testimony and evidence presented at the public hearing. The applicant was represented at tl~e hearing by the Director of the Park & Recreation Department, James Manchester. Two abutters addressed the Board, one represented by counsel, who also addressed the Board. Additionally, Ms. Kelly Cardoza, a hydrogeologist, testified at the hearing on behalf of an abutter. The Board also received and considered two letters from abutters and one from the above-referenced hydrogeologist. 4. The Planning Board made a favorable recommendation, on the grounds that the Lot is apre-existing, graiidfatliered lot of record that pre-dates zoning; that it was left over after the 1946 Taking that created Ames Avenue; and that it is unlike any other lot in Madaket, as it was created by a road taking. T}ie Planning Board's recommendatioc~ is further based on the grounds that tl~e dimensions of the pre-existing lot are such that under current zoning the lot would be unbuildable, creating the legal "hardship" required in order to issue a variance. The Planning Board recommendation further notes that the intent and purpose of the setback requirements are to provide for orderly space, light and air, and to minimize crowding. Tl~e Planning Board observes in their positive recommendation that at 22 by 26 feet this is a modest one-story structure, and that it will be located at lest 100 feet from any existing dwelling. Finally, the Planning Board's favorable recommendation recognizes the public purpose of the proposal, which is to serve as an accessory use to the recreational use of Madaket Beach, a public beach, and to replace the battery of temporary "portajohn" facilities presently serving the beach, thereby creating more sanitary conditions. 5. The applicant seeks to build a 590E sq. foot bath house within the setbacks on a SOSOf sq. ft. lot on Madaket Road. The original bathhouse, located on Town property closer to the beach, was destroyed in the 1991 storm. The beach has eroded preventing the building of the bathhouse in the same location as the earlier bathhouse. According to the Parks & Recreation Department, the Town is required by the Health Department to provide toilet facilities at Town beaches at which lifeguards are stationed. The Health Department dictates the size of structure based on its use, the Madaket facility is based on a peak summer beach capacity of 500 people. Presently, the Town has a bank of blue plastic portable toilets (portapotties) located alongside the roadway just by the beach. The applicant proposes building a structure that would contain six toilets, two standard and one handicapped in each of two gender-specific rooms. A facility for cleaning hands, whether a sink and faucet or a waterless facility also would be provided. Additionally, the structure would contai~n:a small storage area and an interior vending machine that would sell potable water. The applicant proposes providing four on-site parking spaces, one of which would be handicapped-accessible, and an area for bicycle parking. The structure already has received approval from the Historic District Commission and the project has received approval from the Conservation Commission. 6. Two abutter voiced opposition to the project at the hearing; one of the two also voiced opposition through counsel; two other abutters wrote letters to the Board opposing the project. Opponents raised concerns about a vending machine at the site and its propensity for attracting late-»ight visitors, about excessive parking, about the likelihood of bathhouse patrons trespassing on neighboring property, and about the impact of all of this on the eroding shoreline and coastal dunes. Additionally, the opponents voiced an overriding concern about the Town's encouraging more people to visit this beach through the construction of any facilities, and the impact that a well would have on neighboring water resources. A hydrogeologist retained by one of the abutters presented a report in which she concluded that the facility would require 2500 gallons of water per day, that the protective radius for such a demand would place the well into a Zone I requirement, and that the Town would likely not be issued a Transient Non-Community Well permit for the site because it could not meet those Zone I requirements. The hydrogeologist also raised concerns that the water demand of any such well would move the saltwater interface inland and impact the freshwater wells on adjoining properties. COMMONWEALTH OF MASSACHUSETTS NANTUCKET, SS. LAND COURT DEPARTMENT OF THE TRIAL COURT CIVIL ACTION NO.: LAURINDA LECAIN and LACEY BRANDY Individually and as Trustees of Ledgewood Realty Trust and Woodledge Realty Trust and LAURINDA LECAIN as Executrix of the Estate of Lawrence Phaff, Plaintiffs, v. DALE W. WAINE, LINDA F. WILLIAMS, MICHAEL J. O'MARA, EDWARD S. TOOLE, and EDWARD C. MURPHY, As they are Members of the Town of Nantucket Zoning Board of Appeals, TOWN OF NANTUCKET, and the PARKS AND RECREATION COMMISSION, Defendants. NOTICE OF ACTION I, Rebecca Tepper, Attorney for the Plaintiffs in the above-captioned matter, hereby provide notice that the Plaintiffs have appealed the Decision of the Town of Nantucket Board Zoning Board of Appeals No. 035-99 filed with the Town Clerk on September 17, 1999 (the "Decision"). The Decision grants a variance to the Town of Nantucket and the Parks and Recreation Commission from the intensity requirements of Nantucket Zoning Bylaw § 139-16A to allow construction of a bathhouse structure. A copy of the Complaint is attached 383865_! ~®N ®F ~ANT~JCKET '~~~EPH®l~~e J®~e~~~e~~~~ ~'~XI a~®~oa~~e~aa~e3~2~ EMt~ILS '~~I~'GLE$K®NAI~T'1"iJ(;~E'~o1~IE'1' TO: Rich Hucksam From: James Everett Grieder Fax: 617-951-2323 Pages: 10 Phone: 617-951-2300 Date: 13 May 2002 Re: Appeal If I may of any further assistance in this matter, please let me know. COMMONWEAL"I'H OF MASSACHUSETTS NANTUCKET, SS. LAND COURT DEPARTMENT OF THE TRIAL COURT ,.~ i~ -~ CIVIL ACTION NO.: ~ Si ~ ~ CJ LAURINDA LECAIN and LACEY BRANDY Individually and as Trustees of Ledgewood Realty Trust and Woodledge Realty Trust and LAURINDA LECAIN as Executrix of the Estate of Lawrence Phaff, Plaintiffs, v DALE W. WAINE, LINDA F. WILLIAMS, MICHAEL J. O'MARA, EDWARD S. TOOLE, and EDWARD C. MURPHY, As they are Members of the Town of Nantucket Zoning Board of Appeals, TOWN OF NANTUCKET, and the PARKS AND RECREATION COMMISSION, Defendants. ~- ~ ±~ r'c~,1 i ~ w~ ~ ~-t~ ~ ~ I~' ` ` ~J~'J\ t ` l 1 V ~ { ` 1-~, n~ , ~ . ~>~ ~ ~ l +- ~4~-= ~- ~ ~ ~ ~ ~~ ~~h~C~,,1~, G' -~-C,3~-~~l COMPLAINT INTRODUCTORY STATEMENT This is a Complaint for judicial review pursuant to G.L. c. 40A, § 17 of a decision of the Zoning Board of Appeals of the Town of Nantucket ("Zoning Board"). The Zoning Board's Decision granting a variance to the Town of Nantucket and its Parks and Recreation Commission for construction of a bathhouse in Madaket, Nantucket exceeds the authority of the Zoning Board and therefore, must be annulled. PARTIES AND .IURISDICTION 1. The Plaintiffs, Laurinda LeCain and Lacey Brandt are Trustees of the Ledgewood Realty Trust and Woodledge Realty Trust (together, the "Trusts") and are holders of 100% of the 333903 I TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON 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, APRIL 9, 1999, in the CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: TOWN OF NANTUCKET AND THE PARKS AND RECREATION COMMISSION BOARD OF APPEALS FILE N0. 035-99 Applicant (Parks and Recreation Commission) is seeking relief by VARIANCE from the Intensity Requirements - setbacks, of Nantucket Zoning By-Law §139-16A. Applicant proposes to construct a 590+ square-foot bath house structure that would contain rest room facilities, dressing rooms and an ancillary storage area on a 5,050+ square-foot lot, situated in a zoning district that requires a minimum lot size of 20,000 square feet. The structure would be sited 2.7+ feet at its closest point from the southwesterly rear yard lot line in a district that requires a minimum rear yard setback of ten (10) feet and 3.1+ feet at its closest point from the front yard lot line in a district that requires a minimum setback of 30 feet. Four (4) on-site parking spaces will be provided. The Premises is located at 2 AMES AVENUE, Assessor's Map 60, Parcel 138, Land Court Plan 3092-X, Lot D-3 (portion). The property is zoned Residential-2. J V v Dale W. Waine, Chairman THlS NOTICE IS AVAILABLE ALTERNATIVE. FORMATS: _ - (SORr..2~$=721 ~. ~ _ -- . _ ._ IN LARGE PRINT OR OTHER FOR ASSISTANCE VALL _ ~_ _! ;~~~,; ~;,;,•: . ,r:•: BoA Form 1-89 • Owner's name(s): f?r•. '•'' Mailing address: ,;,. Applicant's name: NANTOCxET ZONING BOARD OF APPEAL8 TOWDt AND COIINTY BIIILDINO NANTIICI¢~T, MA 02554 ,~, ~ ~ lV~~?Tuc~l D3~=e~F-yn~ CASE Nc~~y~` t G LBI77MI55/O d1 YYl M IBS/oF~ Mailing address: "" - - - Location of lot: Assessor'h map and parcel number ~•,- ~3 street address: li ~ Regist Land 'C 'Pla Lot ~•- •~ Date lot acquired: ~,_/_ Deed Re ~ °?~9 7 zoning district ~~- Uses on lot - .commercial:' Nons ~ or MCD?_, - number of: dwellings- duplex- apartments,-,-, rental rooms- Building date(s): all pie-8/72? or C of o?_ Building Permit appl'n. Nos. case Nos. all 8oA applications, lawsuits: ' W ~ U ~ LL N ho rn ~ W 6 i >~ Wa.:F_ UJY ~ ~~ w~,,, r? ~ state fully all zoningg relief sought and res active Code sections ~~ and subsections, specifically what you propose compared to present es.,~ and what rounds yyou ur a for BoA to make each findin per Section ~_•-~ ! + s 139-32A g if Variance,g139-:OA if a Special Permi~ (and 139-33A ~` if to alter or extend a nanco~orming use) It appeal per 139-3~A ~ qJ ~8 _ attach decision or, order appealed. QK t?o attach addendum . ~~~~ ~ c~ Co ~ ~ i~~u~ c~~~~9~ cv~o c~ ~~ ~' ~v~o .S'~~ ~-~ ~' G ~°n ~' cum (~ a-~ ~~m~-~. ,- •,~ cr,~ . ~~ Items enclosed as part of this Application: orderl addendum Locus map- Site plan showing present +planne~Ic structures Floor plans present proposed alsvat one (HDCrapproved?_). Listings lot area -3.'rontage setbacks,- GCR parking data Assessor-csrtifis3 adc~rssssE• Tit 4 sets- tna~l~ labels 2 sets-, 200 fss payable to Town of Nantucket proQ! cap' covenant (If an appeal, ask Tom Clerk to send-Bldg Comr s record to BoA~ I certify that the requested information submitted is substantially complete and true to the best of toy knowledge, under the pains and penalties of perju/~ry. SIGNATURE• ,`. Applicant ,_ Attorney/agent 3(If o owner Or owner's attorney, enclose proof of authority) .~--- FOR oA OFFICE USE / / Application copies recd: 4_ ~ or_ for BoA on~c ~bY__L~ (~/ One copy filed with Town Cle on~~f~ by complete? " One copy ea to Pl nin (~ ing Dept ~ Y $200 fee a en~n Tr"alcur on _ by aived? Hearing no ice posted/ iled-~~~~ & M~ Hearing(s) _ nt'•; to~~_, ~~,_ withdrawn3~~ Decision due by,_/,J_, made~~,_ filed TC~~_ mailed~,~_ See related cases lawsuits other ~ ~~~~ 1 ,~ ~ ~, , de .~ 1,11 . \ i ~_G,o \ \ / ~q~l~ ti \ \ A 3/ S ~`~ ~~~ ~ 0 ~sFo Off, " /~ \ .p ~ ~ ~~~ ~ 9,~~y 'o, F` ~ ~~ ~ O ~/ ~o ~~ pt' ~~o ao, O / ~ f 0 .o 0 °~ ~°~'o ~.~o O ~' ti~ G~, ~~ ~o ~s ~.9~ >~~~,x o~ ~s ` ~~9 '9~ OR~~ A ~ ~~ ~'oG GF ~ ~ ~~~ ~ PORTION OF 1~ / LOT D 3 0,~~ CURRENT ZONING: R-2 ~ 5,050 - SF 7 MINIMUM LOT SIZE: 20,000 SF > \ axe 9J MINIMUM FRONTAGE: 75 FT ~j \ 3' FRONTYARD SETBACK: 30 FT '>~, SIDE AND REAR SETBACK: 10 FT \ ~ x ~~~ ALLOWABLE G.C.R.: 12.5 ~' Q~ ~ c.~0o PROPOSED G.C.R.: 11.7 ± (590 ± sf) ~ `1-~O O ~~ FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN ~ , ~ \ ~~ OQO~O 5~' RELIES ON CURRENT DEEDS AND PLANS OF RECORD, 0 VERIFIED 6Y FIELD MEASUREMENTS AS SHOWN HEREON. ~\ Q~'~~`2` x THIS PLAN IS NOT REPRESENTED TO BE A TITLE \ ~P .5~' ~~ EXAMINATION OR A RECORDABLE SURVEY. ~p PLOT PLAN \ o. TO ACCOMPANY APPLICATION TO x. ZONING BOARD OF APPEALS IN \ `l.~ NANTUCKET, MASSACHUSETTS y \ SCALE: 1"=20' GATE: MAR 1, 1999 '~ \ ~ REV. MARCH 15, 1999 `9~ \ \ J \ N DEED REFERENCE: LC CERT.# 2697 Fti~, ~ DETAIL PLAN REFERENCE: LC PL 3092-X ~ ,~~ N.T.S. ^ ASSESSOR'S REFERENCE: ~ ~y ~ ~~ DHCe MAP: 60 PARCEL: 138 of 9,p ~ FND " ~ ~ / PREPARED FOR: ~`~P`~N M~ss9~ ~o~, °' ~ 6'~' TOWN OF NANTUCKET PARK AND L°~ ROAERT\ti~~ ~'A o~ 6,~ \ ~ RECREATION COMMISSION EMACK I N 9,~~ 033 ~ 'O No. 37730 a ~~ \ EMACK SURVEYING 90,E y ~a ~>° AvEN \ 2 WASHAMAN AVENUE `ass, Fc~srE'~ s~Q, °j~a~ gar 1~1~ NANTUCKET, MA. 02554 , M1DLA \ (508) 325-0940 ~~u~--~ ,1_224 N.B. 06 91 / ~. 1 1 •. 0 A 10 1.0- J~ ~~< P ~~~~ ~~ ~a _~ ~ ~acKSON ~ I ~~~~ i ~~ I I f d ~ t~~ ~ I ~ 1 [N[[T 60.2.4 SM[[T {0.2 1 i~ ~ 1 I ~ I ~4 I (~~~ I P o ~~ V '~- P b ~'~, ~ 1, f t1A '`~ b ~ ~ TTOWN Of M STN[ ~''"~ . 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I ~ ~ ~ \\ I' °' I ~ I M!d o ~ c/GC ~ / 1 O , \ // ~~ ,~ ~ /~ ~~ \\\ ~ \ 6 el? ~ f ~ ` T F I s ~ ~ _ v ~v ~ 1 \\ ~ / 11 ~ ~, ~ , y ;o ~ \\ i ~ , I ~+ ~ ;o, ~ N I / \ ~ `~ \ ,~~ \ ~'` ,_ ~A\\ n ~ -T, \°o\ ~~ ©!`T ~I ©~ ~ \\ , o ~ { ~ ~ ~ o ~ k ~ Payer io 'Gk+~ I I ,~~~ , ~ I ~~ s_ ,\ II i 11 0\ . \ \ \ \\ ~\ j.. \ ~ apC o o ~~ I~'~~ 11~ O '~~ % <\ \\u,f ~ 0 O 0 O ~~~ ~FE'A1\ J:. 11 I~' (~ ~ .~oMl t ~ -_ ~ Ir 1 ~~-~{{,: S+ III ~^_\\ ~ ~~\_n ~\\. _,. i~~ \\ \~\ n 1 l \ C'\ // .~(\~ r~ -.~J.~ • Uii ~ ,o~ TOWN OF NANTUCKET ZONING BOARD OF APPEALS LIST OF PARTIES IN INTEREST II~T THE MATTnE lR,O, F TH/E PETITION OF PROPERTY OWNER:.........~(~''~/~....U.~.........~. ~!.t~•' ................... MAILING ADDRESS:...~-:...~~1%ll~l'`~....~?.~..'...~.'.......G.; .5.~~~........... PROPERTY LOCATION:..........~....~~..... *'!!!•`-.' ...................................... ASSESSORS MAP/PARCEL SUBMITTED BY :....~.~~... -..L ~.~ .......................................... .....~~.~.......1~.P..~~..~........~C: ~.. SEE ATTACHED PAGES I certif}' 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 three hundred feet of the property line of o~~~ner's property, all as they appear on the most recent applicable tax list. (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139, Section 139-29D (2) ). DATE ASSESSOR'S OFFICE TOWN OF NANTUCKET 1 ' 02/19/99 TOWN OF NANTUCKET 15:13:41 OWNER'S MAILING ADDRESS LIST Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Location 0060 0135 WOODLEDGE REALTY TRUST 0127 COUNTRY DR 0004 AMES AV ~~ pa;F.-s ~3(a ~ Q~v C/0 PFAFF LAWRENCE F TR WESTON MA 02493 0060 0128 DUNHAM OTIS EMERSON 0 0000 MIDLAND AV NANTUCKET MA 02554 0 0000 MIDLAND AV 0060 0127 DUNHAM OTIS EMERSON NANTUCKET MA 02554 0060 0137 PFAFF LAWRENCE F & CHARLOTTE 0127 COUNTRY DR 0347 MADAKET RD WESTON MA 02493 0060 0047 RABBITT THOMAS J JR 0000 BEACH RD 0351 MADAKET RD VINEYARD HAVEN MA 02568 0060 0046 RABBITT THOMAS J JR 0000 BEACH RD C351 MADAKET RD VINEYARD HAVEN MA 02568 0060 0126 JENSEN JULIUS & CORILLE SCHMID 15 CLIFF RD 0000 MADAKET RD NANTUCKET MA 02554 0060 0125 VENNEMA DIANE 2120 TANGLEY ST 0338 MADAKET RD HOUSTON TX 77005 0060 0045 MADAKET CONSERVATION LAND TRUS 0035 PENNEYMEADOW RD 0000 CHICAGO ST C/0 GRELLIER NANCY TR SUDBURY MA 01776 0060 0140 GREENWALD ROY F & C GAIL 23 MYOPIA RD 0336 MADAKET RD WINCHESTER MA 01890 0060 0141 LAINE ELLEN A TRUSTEE PO BOX 665 0334 MADAKET RD 334 MADAKET ROAD TRUST NORWELL MA 02061 0060 0142 CHICAGO STREET TRUST 7117 GLENBROOK RD 0003 CHICAGO ST C/0 GEWIRZ CARL RM 317 BETHESDA MD 20814 0060 0124 GROSSMAN IRWIN TR 8117 PRESTON ROAD 0005 CHICAGO ST 540 PRESTON COMMONS DALLAS TX 75225 0060 0100 KILBOURNE KENT & ANN E 0424 PROSPECT AVE 0332 MADAKET RD PRINCETON NJ 08540 0060 0101 ALFORD EDWARD L & PATRICIA PO BOX 216 0330 MADAKET RD S HADLEY MA 01075 0060 0097 *NANTUCKET TOWN OF 0002 BATHING BEACH RD 0003 AMES AV C/0 PARK & REC NANTUCKET MA 02554 6024 0063 KELTZ GREGORY P & HEATHER B PO BOX 1191 0343 MADAKET RD NANTUCKET MA 02554 6024 00642 JENNINGS ANNE M & ODONNELL M J PO BOX 20217 0341 MADAKET RD CRANSTON RI 02920 6024 00645 MORAN PATRICIA F PO BOX 20217 341A MADAKET RD C/0 MCLAUGHLIN & MORAN INC CRANSTON RI 02920 6024 00631 MORAN TIMOTHY 40 SLATER RD 0345 MADAKET RD ~ud¢5 (~~ ~- ~ g ~ q ~ PO BOX 20217 CRANSTON RI 02920 6024 0062 *NANTUCKET TOWN OF 0016 BROAD ST 0000 AMES AV NANTUCKET MA 02554 6024 0061 *NANTUCKET TOWN OF 0016 BROAD ST 0000 AMES AV NANTUCKET MA 02554 6024 0060 *NANTUCKET TOWN OF 0016 BROAD ST 0000 AMES AV NANTUCKET MA 02554 6024 0056 MENZ GERALD L & ANNE 2918 N AUGUSTA NAT'L DR 0008 AMES AV HARLINGEN TX 78550 6024 0058 *DAVIS AMANDA J 6 AMES RD 0006 AMES AV NANTUCKET MA 02554-1937 PAGE 1 MUAS750 9.1 NUMBER OF RECORDS = 25 ' 02/19/99 15:18:58 Map Block Lot Owner's/Co-Owner's Name 0060 0128 DUNHAM OTIS EMERSON TOWN OF NANTUCKET OWNER'S MAILING ADDRESS LIST Mailing Address/City State Zip 0 NANTUCKET MA 02554 Property Location 0000 MIDLAND AV PAGE 1 MUAS750 9.1 NUMBER OF RECORDS = 1 T0'd "R7101 r•v~~a s-~q ~1ANTCC~ SONZNG ~~ OF aPPSnLs TOjiN llaTp CAi~i'TY $~LDIliG 1~Ai~1TIICf~?, !!71 OZSS4 File No1~~~ Assessor's Parcel ~,~-„~~ THIS AGREEMENT TO EXTEND THE TIME LIKI7 FOR TIDE BOARD of ApPEAiS TQ MAKE ~ DECISION (Or to hold a public hearing take other action) eoncgrns the Application of: ~ C~(,'1 r1 Dry ~ ~r,~a Y}- d./{/Y~ ~'ts? ~~ I ~..- Q~ ~i (:~[A~ Pursuant-'to the provisions of the Acts 498, amending the Stat4 2oninq Act, Ch Massachusetts General Laws, Applicant( the Board of 1}ppeals hereby agree to e or ~f 29s7, Chapter ter 4oA of the /petitioner(s) and ~:nd the tll~C limit - !or a decision i'C of the Board, or - for any other action y e (whether such Application is an appppeeal from the decision of anX aa~inistrative officiax, petition for a Special Permit or for a Variance or for ana- extension ,,.,,,~,, moia~ication or renews thereolj to the NEW TINS LIKIT of midnight an _. q~ ~7 but not earlier than a t~nee limit set y s u e r y av. The Applicant(s), or the attorney or agqent ~ far . Ap~licart(sj repres4r~tQd to be duly authazize8 to act ir1 this matter for Applicant(s), in executing this Agreement waives anx rights wider the Nantucket zon~rg Bylaw and the State Zanirg F-et, as amended, to the extent, but only to the extent, ineonsisttnt with this Agreement. ~.---~- ~~~ rya..-. •-~ ~Oth%N CLERK'S OFFICE ~lAf!T~CKE i , M:A C255~ S l~ - ec ve a e o reemen M ~,•.~ ~ ~ 1999 Cc: Town Clerk ~~ft~E~_ 3.3 Planning Board ~ } ~~-- ----- Hu3lding Commissioner ~LrRK:_~1~ Agreement filed in the office of the Town elexk: Da e Town C er .., . , - tar a public hearing „ on the Application, or TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: September / 7 19 99 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: Owner/Applicant: a35-98 THE TOWN OF NANTUCKET AND THE PARKS AND RECREATION COMMISSION Enclosed is the Decision of the BOARD OF APPALS 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. Dale W. Waine - Chairman 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 §139-30I (SPECIAL PERMITS); §139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 Assessor's Map 60 2 Ames Avenue Parcel 138 Land Court Plan 3092-X R-2 Lot D-3 (portion) Deed Ref. LC Cert. #2697 DECISION: 1. At a public heaiirig of the Nantucket Zoning Board of Appeals held at 1:00 p.m., Friday, April 9, 1999, continued to May 14, 1999, and concluding on June 11, 1999, in the Town Annex Building Conference Room at 37 Washington Street, Nantucket, Massachusetts, on the application of THE TOWN OF NANTUCKET AND THE PARKS AND RECREATION COMMISSION, 16 Broad Street and 2 Bathing Beach Road, respectively, both in Nantucket, Massachusetts 02554, Board of Appeals File No. 4~5 99, the Board made the following decision: e~ ~, 2. The Applicant (Parks and Recreation Commission) seeks a VARIANCE from the Intensity Requirements, setbacks) of Nantucket Zoning By-Law § 139-16A so as to construct a 590E square foot bath house structure containing rest room facilities, dressing rooms, and an ancillary storage area on a S,OSOf square foot lot, situated in a zoning district requiring a minimum lot size of 20,000 square feet. The structure would be sited 2.7E feet at its closest point from the southwesterly rear yard lot line in a district requiring a minimum rear yard setback often feet and 3. if feet at its closest point from the front yard lot line in a district that requires a minimum setback of 30 feet. The applicant propose providing four on-site parking spaces. The premises is located at 2 Ames Avenue, in Madaket, Assessor's Map 60, Parcel 138, which is zoned Residential-2. 3. This decision is based on the application and materials submitted with it and the testimony and evidence presented at the public hearing. The applicant was represented at the hearing by the Director of the Park & Recreation Department, James Manchester. Two abutters addressed the Board, one represented by counsel, who also addressed the Board. Additionally, Ms. Kelly Cardoza, a hydrogeologist, testified at the hearing on behalf of an abutter. The Board also received and considered two letters from abutters and one from the above-referenced hydrogeologist. 4. The Planning Board made a favorable recommendation, on the grounds that the Lot is apre-existing, grandfathered lot of record that pre-dates zoning; that it was left over after the 1946 Taking that created Ames Avenue; and that it is unlike any other lot in Madaket, as it was created by a road taking. The Planning Board's recommendation is further based on the grounds that the dimensions of the pre-existing lot are such that under current zoning the lot would be unbuildable, creating the legal "hardship" required in order to issue a variance. The Planning Board recommendation further notes that the intent and purpose of the setback requirements are to provide for orderly space, light and air, and to minimize crowding. The Planning Board observes in their positive recommendation that at 22 by 26 feet this is a modest one-story structure, and that it will be located at lest 100 feet from any existing dwelling. Finally, the Planning Board's favorable recommendation recognizes the public purpose of the proposal, which is to serve as an accessory use to the recreational use of Madaket Beach, a public beach, and to replace the battery of temporary "portajohn" facilities presently serving the beach, thereby creating more sanitary conditions. 5. The applicant seeks to build a 590E sq. foot bath house within the setbacks on a SOSOf sq. ft. lot on Madaket Road. The original bathhouse, located on Town property closer to the beach, was destXOyed in the 1991 storm. The beach has eroded preventing the building of the bathhouse;in the same location as the earlier bathhouse. According to the Parks & Recreation Department, the Town is required by the Health Department to provide toilet facilities at Town beaches at which lifeguards are stationed. The Health Department dictates the size of structure based on its use, the Madaket facility is based on a peak summer beach capacity of 500 people. Presently, the Town has a bank of blue plastic portable toilets (portapotties) located alongside the roadway just by the beach. The applicant proposes building a structure that would contain six toilets, two standard and one handicapped in each of two gender-specific rooms. A facility for cleaning hands, .. _~; whether a sink and faucet or a waterless facility also would be provided. Additionally, the structure would contain;a~small storage area and an interior vending machine that would sell potable water. The applicant proposes providing four on-site parking spaces, one of which would be handicapped-accessible, and an area for bicycle parking. The structure already has received approval from the Historic District Commission and the project has received approval from the Conservation Commission. 6. Two abutter voiced opposition to the project at the hearing; one of the two also voiced opposition through counsel; two other abutters wrote letters to the Board opposing the project. Opponents raised concerns about a vending machine at the site and its propensity for attracting late-night visitors, about excessive parking, about the likelihood of bathhouse patrons trespassing on neighboring property, and about the impact of all of this on the eroding shoreline and coastal dunes. Additionally, the opponents voiced an ovemding concern about the Town's encouraging more people to visit this beach through the construction of any facilities, and the impact that a well would have on neighboring water resources. A hydrogeologist retained by one of the abutters presented a report in which she concluded that the facility would require 2500 gallons of water per day, that the protective radius for such a demand would place the well into a Zone I requirement, and that the Town would likely not be issued a Transient Non-Community Well permit for the site because it could not meet those Zone I requirements. The hydrogeologist also raised concerns that the water demand of any such well would move the saltwater interface inland and impact, the freshwater wells on adjoining properties. 7. The Board considers some of the issues raised by opponents to be outside its purview, such as the question of how the toilets will function. While the Board is willing to condition the variance on no wells being drilled on site, so as to protect the abutters water supplies, the Board cannot tell the Town whether or not it may run Town water out to Madaket or utilize some form of waterless toilet. Other concerns outside the purview of this Board are the health regulations that require Town beaches to provide toilet facilities, whether or not this should be a Town beach in the first place, whether or not too many people visit the beach in the summer months already, and whether or not that beach traffic brings too many cars to Madaket. The Board also takes note of the fact that the Conservation Commission already has issued Orders of Conditions with requirements that ameliorate any adverse impact of pedestrian traffic on coastal banks and dunes, both on and offthe locus. The Board does not view the replacement of plastic portable toilet facilities with toilets encased in a wooden structure as creating an adverse impact on the surrounding neighborhood, rather it would appear to be an aesthetic improvement. The creation of this lot by the taking of the roadway in 1946 to build Ames Street extending down to what is known today as Millie's Bridge created the subject lot. The lot was a buildable lot prior to passage of the Zoning Bylaw in 1972 and thus enjoys grandfathered status despite the fact that today it would lack sufficient area were it newly created. The shape of the lot prevents any structure placed there from meeting the current setback requirements, the.iot being 28.97 feet wide in a district that today requires a 30 foot setback. Because this preexisting, nonconforming lot would be rendered unbuildable by strict enforcement of the present setback requirements, because the building is located in an area where it will be bounded on all four sides by roads (two constructed and trafficked roads and two "gaper" street layouts), because that is a condition that exists for no other property in the zoning district, because the structure will be 100 feet from the nearest building (recognizing that spacing of structures is one of the purposes of zoning bylaws in the first place), and because the building is being constructed for an important public purpose, the Board finds that it meets the statutory requirements for variance relief. 8. Accordingly, by vote of four in favor (Waine, O'Mara, Williams, Murphy) and one opposed (Toole), the Board GRANTS the requested Variance under Nantucket Zoning Bylaw §139-16A to~permit the construction of a public bathhouse on the subject lot with the following conditions: a. No well will be drilled on the property in relation to this project; b. Any vending machine shall be inside and shall sell potable water only; c. The project shall be built in substantial compliance with exhibit A (a site plan indicating three parking spaces and one handicapped parking space); d. The project will be built in substantial compliance with Historic District Commission permit no. ~ a and Conservation Commission Order of Conditions no. S~ g'~ lo? Dated Se tember 1999 \ ~X.1 p ~~ Dale aine Edwar .Murphy TOW RC ERKSEOFFICE NANTUCKET, Mq 02554 SEP 1 7 1999 TIME: CLERK--~~~~~.a!~ -- ;~~~ _~ ._ Y~ - - ~-~ TOWN - OF NANTUCKET - - - BOARD OF APPEALS To: Parties Decision of following: Date: September ~ 7 19 99 NANTUCKET, MASSACHUSETTS 02554 in Interest and. Others concerned with-the the BOARD OF APPEALS in the Application of the Application No.: 03~-98 Owner/Applicant: THE TOWN OF NANTUCKET AND THE PARKS AND RECREATION COMMISSION 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. Dale W. Waine ~ Chairman cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMT.T AND WILL EXPIRE IF NOT ACTED UPON ACCORDING~TO NANTUCKET ZONING BY-LAW §139-30I (.SPECIAL PERMITS); §1.39-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 Assessor's Map 60 2 Ames Avenue Parcel 138 Land Court Plan 3092-X R-2 Lot D-3 (portion) Deed Ref. LC Cert. #2697 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals held at 1:00 p.m., Friday, April 9, 1999, continued to May 14, 1999, and concluding on June 11, 1999, in the Town Annex Building Conference Room at 37 Washington Street, Nantucket, Massachusetts, on the application of THE TOWN OF NANTUCKET AND THE PARKS AND RECREATION COMMISSION, 16 Broad Street and 2 Bathing Beach Road, respectively, both in Nantucket, Massachusetts 02554, Board of Appeals File No.4~5-9q, the Board made the following decision: ~• ~.. 2. The Applicant (Parks and Recreation Commission) seeks a VARIANCE from the Intensity Requirements setbacks) of Nantucket Zoning By-Law § 139-16A so as to construct a 590E square foot bath house structure containing rest room facilities, dressing rooms, and an ancillary storage area on a S,OSOf square foot lot, situated in a zoning district requiring a minimum lot size of 20,000 square feet. The structure would be sited 2.7E feet at its closest point from the southwesterly rear yard lot line in a district requiring a minimum rear yard setback often feet and 3. if feet at its closest point from the front yard lot line in a district that requires a minimum setback of 30 feet. The applicant propose providing four on-site parking spaces. The premises is located at 2 Ames Avenue, in Madaket, Assessor's Map 60, Parcel 138, which is zoned Residential-2. 3. This decision is based on the application and materials submitted with it and the testimony and evidence~presented at the public hearing. The applicant was represented at the hearing by the Director of the Park & Recreation Department, James Manchester. Two abutters addressed the Board, one represented by counsel, who also addressed the Board. Additionally, Ms. Kelly Cardona, a hydrogeologist, testified at the hearing on behalf of an abutter. The Board also received and considered two letters from abutters and one from the .above-referenced hydrogeologist. 4. The Planning Board made a favorable recommendation, on the grounds that the Lot is apre-existing, graiidfathered lot of record that pre-dates zoning; that it was left over after the 1946 Taking that created Ames Avenue; and that it is unlike any other lot in Madaket, as it was created by a road taking. The Planning Board's recommendation is further based on the grounds that the dimensions of the pre-existing lot are such that under current zoning the lot would be unbuildable, creating the legal "hardship" required in order to issue a variance. The Planning Board recommendation further notes that the intent and purpose of the setback requirements are to provide for orderly space, light and air, and to minimize crowding. The Planning Board observes in their positive recommendation that at 22 by 26 feet this is a modest one-story structure, and that it will be located at lest 100 feet from any existing dwelling. Finally, the Planning Board's favorable recommendation recognizes the public purpose of the proposal, which is to serve as an accessory use to the recreational use of Madaket Beach, a public beach, and to replace the battery of temporary "portajohn" facilities presently serving the beach, thereby creating more sanitary conditions. 5. The applicant seeks to build a 590E sq. foot bath house within the setbacks on a SOSOf sq. ft. lot on Madaket Road. The original bathhouse, located on Town property closer to the beach, was destXOyed in the 1991 storm. The beach has eroded preventing the building of the bathhous'e~in the same location as the earlier bathhouse. According to the Parks & Recreation Department, the Town is required by the Health Department to provide toilet facilities at Town beaches at which lifeguards are stationed. The Health Department dictates the size of structure based on its use, the Madaket facility is based on a peak summer beach capacity of 500 people. Presently, the Town has a bank of blue plastic portable toilets (portapotties) located alongside the roadway just by the beach. The applicant proposes building a structure that would contain six toilets, two standard and one handicapped in each;of two gender-specific rooms. A facility for cleaning hands, whether a sink and faucet,or_ a_ waterless facility also would be provided. Additionally, the structure would contain;a small storage area and an interior vending machine that would sell potable water. The applicant proposes providing four on-site parking spaces, one of which would be handicapped-accessible, and an area for bicycle parking. The structure already has received approval from the Historic District Commission and the project has received approval from the Conservation Commission. 6. Two abutter voiced opposition to the project at the hearing; one of the two also voiced opposition through counsel; two other abutters wrote letters to the Board opposing the project. Opponents raised concerns about a vending machine at the site and its propensity for attracting late-night visitors, about excessive parking, about the likelihood of bathhouse patrons trespassing on neighboring property, and about the impact of all of this on the eroding shoreline. and coastal dunes. Additionally, the opponents voiced an ovemding concern about the: Town's encouraging more people to visit this beach through the construction of any facilities, and the impact that a well would have on neighboring water resources. A hydrogeologist retained by one of the abutters presented a report in which she concluded that the facility would require 2500 gallons of water per day, that the protective radius for such a demand would place the well into a Zone I requirement, and that the Town would likely not be issued a Transient Non-Community Well permit for the site because it could not meet those Zone I requirements. The hydrogeologist also raised concerns that the water demand of any such well would move the saltwater interface inland and impact the freshwater wells on adjoining properties. 7. The Board considers some of the issues raised by opponents to be outside its purview, such as the question of how the toilets will function. While the Board is willing to condition the variance on no wells being drilled on site, so as to protect the abutters water supplies, the Board cannot tell the Town whether or not it may run Town water out to Madaket or utilize some form of waterless toilet. Other concerns outside the purview of this Board are the health regulations that require Town beaches to provide toilet facilities, whether or not this should be a Town beach in the first place, whether or not too many people visit the beach in the summer months already, and whether or not that beach traffic brings too many cars to Madaket. The Board also takes note of the fact that the Conservation Commission already has issued Orders of Conditions with requirements that ameliorate any adverse impact of pedestrian traffic on coastal banks and dunes, both on and offthe locus. The Board does not view the replacement of plastic portable toilet facilities with toilets encased in a wooden structure as creating an adverse impact on the surrounding neighborhood, rather it would appear to be an aesthetic improvement. The creation of this lot by the taking of the roadway in 1946 to build Ames Street extending down to what is known today as Millie's Bridge created the subject lot. The lot was a buildable lot prior to passage of the Zoning Bylaw in 1972 and thus enjoys grandfathered status despite the fact that today it would lack sufficient area were it newly created. The shape of the lot prevents any structure placed there from meeting the current setback requirements, the.lot:being 28.97 feet wide in a district that today requires a 30 foot setback. Because this preexisting, nonconforming lot would be rendered unbuildable by strict enforcement of the present setback requirements, because the building is located in an area where it will be bounded on all four sides by roads (two constructed and trafficked roads and two " aper" street layouts), because that is a condition that exists for ~,.. no other property in the zoning district, because the structure will be 100 feet from the nearest building (recognizing. that spacing of structures is one of the purposes of zoning bylaws in the first place), and because the building is being constructed for an important public purpose, the Board finds that it meets the statutory requirements for variance relief. 8. Accordingly, by vote of four in favor (Waine, O'Mara, Williams, Murphy) and one opposed (Toole), the Board GRANTS the requested Variance under Nantucket Zoning Bylaw §139-16A to~permit the construction of a public bathhouse on the subject lot with the following conditions: a. No well will be drilled on the property in relation to this project; b. Any vending machine shall be inside and shall sell potable water only; c. The project shall be built in substantial compliance with exhibit A (a site plan indicating three. parking spaces and one handicapped parking space); d. The project will be built in substantial compliance with Historic District Commission permit no. ~ a and Conservation Commission Order of Conditions no. S ~ g'-- /a ~ 1999 ~-x-~ Dated September ~~ Dale aine ~J J. O Edwar .Murphy RECEIVED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 SEP 17 1999 TIME: CLERK: ~y. 7 ; G ~ , ~ -TOWN ~ OF NANTUCKET - - - BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: September `."] 19 99 Application No.: Owner/Applicant: THE TOWN OF NANTUCKET AND THE PARKS AND RECREATION COMMISSION To: Parties Decision of following: in Interest and. Others concerned with the the BOARD OF APPEALS in the Application of the 03~-99 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. ~ ~ Dale W. Waine ~ Chairman cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMT-T AND WILL EXPIRE IF NOT ACTED UPON ACCORDING~TO NANTUCKET ZONING BY-LAW §139-30I (.SPECIAL PERMITS); §1.39-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 Assessor's Map 60 2 Ames Avenue Parcel 138 Land Court Plan 3092-X R-2 Lot D-3 (portion) Deed Ref. LC Cert. #2697 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals held at 1:00 p.m., Friday, April 9, 1999, continued to May 14, 1999, and concluding on June 11, 1999, in the Town Annex Building Conference Room at 37 Washington Street, Nantucket, Massachusetts, on the application of THE TOWN OF NANTUCKET AND THE PARKS AND RECREATION COMMISSION, 16 Broad Street and 2 Bathing Beach Road, respectively, both in Nantucket, Massachusetts 02554, Board of Appeals File No. 4~5-99, the Board made the following decision: ~~ .1,. 2. The Applicant (Parks and Recreation Commission) seeks a VARIANCE from the Intensity Requirements, (setbacks) of Nantucket Zoning By-Law §139-16A so as to construct a 590E square foot bath house structure containing rest room facilities, dressing rooms, and an ancillary storage area on a S,OSOf square foot lot, situated in a zoning district requiring a minimum lot size of 20,000 square feet. The structure would be sited 2.7E feet at its closest point from the southwesterly rear yard lot line in a district requiring a minimum rear yard setback often feet and 3. if feet at its closest point from the front yard lot line in a district that requires a minimum setback of 30 feet. The applicant propose providing four on-site parking spaces. The premises is located at 2 Ames Avenue, in Madaket, Assessor's Map 60, Parcel 138, which is zoned Residential-2. 3. This decision is based on the application and materials submitted with it and the testimony and evidence~presented at the public hearing. The applicant was represented at the hearing by the Director of the Park & Recreation Department, James Manchester. Two abutters addressed the Board, one represented by counsel, who also addressed the Board. Additionally, Ms. Kelly Cardoza, a hydrogeologist, testified at the hearing on behalf of an abutter. The Board also received and considered two letters from abutters and one from the .above-referenced hydrogeologist. 4. The Planning Board made a favorable recommendation, on the grounds that the Lot is apre-existing, graiidfathered lot of record that pre-dates zoning; that it was left over after the 1946 Taking dial created Ames Avenue; and that it is unlike any other lot in Madaket, as it was created by a road taking. The Planning Board's recommendation is further based on the grounds that the dimensions of the pre-existing lot are such that under current zoning the lot would be unbuildable, creating the legal "hardship" required in order to issue a variance. The Planning Board recommendation further notes that the intent and purpose of the setback requirements are to provide for orderly space, light and air, and to minimize crowding. The Planning Board observes in their positive recommendation that at 22 by 26 feet this is a modest one-story structure, and that it will be located at lest 100 feet from any existing dwelling. Finally, the Planning Board's favorable recommendation recognizes the public purpose of the proposal, which is to serve as an accessory use to the recreational use of Madaket Beach, a public beach, and to replace the battery of temporary "portajohn" facilities presently serving the beach, thereby creating more sanitary conditions. 5. The applicant seeks to build a 590E sq. foot bath house within the setbacks on a SOSOf sq. ft. lot on Madaket Road. The original bathhouse, located on Town property closer to the beach, was destXOyed in the 1991 storm. The beach has eroded preventing the building of the bathhous'e~in the same location as the earlier bathhouse. According to the Parks & Recreation Department, the Town is required by the Health Department to provide toilet facilities at Town beaches at which lifeguards are stationed. The Health Department dictates the size of structure based on its use, the Madaket facility is based on a peak summer beach capacity of 500 people. Presently, the Town has a bank of blue plastic portable toilets (portapotties) located alongside the roadway just by the beach. The applicant proposes building a structure that would contain six toilets, two standard and one handicapped in each of two gender-specific rooms. A facility for cleaning hands, whether a sink and faucet,or a waterless facility also would be provided. Additionally, the structure would contain;a small storage area and an interior vending machine that would sell potable water. The applicant proposes providing four on-site parking spaces, one of which would be handicapped-accessible, and an area for bicycle parking. The structure already has received approval from the Historic District Commission and the project has received approval from the Conservation Commission. 6. Two abutter voiced opposition to the project at the hearing; one of the two also voiced opposition through counsel; two other abutters wrote letters to the Board opposing the project. Opponents raised concerns about a vending machine at the site and its propensity for attracting late-night visitors, about excessive parking, about the likelihood of bathhouse patrons trespassing on neighboring property, and about the impact of all of this on the eroding shoreline. and coastal dunes. Additionally, the opponents voiced an ovemding concern about the, Town's encouraging more people to visit this beach through the construction of any facilities, and the impact that a well would have on neighboring water resources. A hydrogeologist retained by one of the abutters presented a report in which she concluded that the facility would require 2500 gallons of water per day, that ~• the protective radius for such a demand would place the well into a Zone I requirement, and that the Town would likely not be issued a Transient Non-Community Well permit for the site because it could not meet those Zone I requirements. The hydrogeologist also raised concerns that the water demand of any such well would move the saltwater interface inland and impact the freshwater wells on adjoining properties. 7. The Board considers some of the issues raised by opponents to be outside its purview, such as the question of how the toilets will function. While the Board is willing to condition the variance on no wells being drilled on site, so as to protect the abutters water supplies, the Board cannot tell the Town whether or not it may run Town water out to Madaket or utilize some form of waterless toilet. Other concerns outside the purview of this Board are the health regulations that require Town beaches to provide toilet facilities, whether or not this should be a Town beach in the first place, whether or not too many people visit the beach in the summer months already, and whether or not that beach traffic brings too many cars to Madaket. The Board also takes note of the fact that the Conservation Commission already has issued Orders of Conditions with requirements that ameliorate any adverse impact of pedestrian traffic on coastal banks and dunes, both on and offthe locus. The Board does not view the replacement of plastic portable toilet facilities with toilets encased in a wooden structure as creating an adverse impact on the surrounding neighborhood, rather it would appear to be an aesthetic improvement. The creation of this lot by the taking of the roadway in 1946 to build Ames Street extending down to what is known today as Millie's Bridge created the subject lot. The lot was a buildable lot prior to passage of the Zoning Bylaw in 1972 and thus enjoys grandfathered status despite the fact that today it would lack sufficient area were it newly created. The shape of the. lot prevents any structure placed there from meeting the current setback requirements, the,lot being 28.97 feet wide in a district that today requires a 30 foot setback. Because this preexisting, nonconforming lot would be rendered unbuildable by strict enforcement of the present setback requirements, because the building is located in an area where it will be bounded on all four sides by roads (two constructed and trafficked roads and two "gaper" street layouts), because that is a condition that exists for no other property in the zoning district, because the structure will be 100 feet from the nearest building (recognizing that spacing of structures is one of the purposes of zoning bylaws in the first place), and because the building is being constructed for an important public purpose, the Board~fnds that it meets the statutory requirements for variance relief. 8. Accordingly, by_vote of four in favor (Waine, O'Mara, Williams, Murphy) and one opposed (Toole), the Board GRANTS the requested Variance under Nantucket Zoning Bylaw §139-16A to~permit the construction of a public bathhouse on the subject lot with the following conditions: a. No well will be drilled on the property in relation to this project; b. Any vending machine shall be inside and shall sell potable water only; c. The project shall be built in substantial compliance with exhibit A (a site plan indicating three. parking spaces and one handicapped parking space); d. The project will be built in substantial compliance with Historic District Commission permit no. ~ a and Conservation Commission Order of Conditions no. S' ~ S'-- /a 5 ~ Dated September ~~ 1999 Dale aine Edwar .Murphy TOWi CLERKS~OFFICE NANTUCKET, MA 02554 SEP 17 1999 TIME: ------_- CLERK: ~~ ~ ~ a ~ ~ TOWN - OF NANTUCKET - - - BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: September `.'] 19 99 To: Parties Decision of following: in Interest and. Others concerned with the the BOARD OF APPEALS in the Application of the Application No.: 03~-99 Owner/Applicant: THE TOWN OF NANTUCKET AND THE PARKS AND RECREATION COMMISSION 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. /~ //_ ~ll t Dale W. Waine ~ Chairman 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 §139-30I (SPECIAL PERMITS); §139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 Assessor's Map 60 2 Ames Avenue Parcel 138 Land Court Plan 3092-X R-2 Lot D-3 (portion) Deed Ref. LC Cert. #2697 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals held at 1:00 p.m., Friday, April 9, 1999, continued to May 14, 1999, and concluding on June 11, 1999, in the Town Annex Building Conference Room at 37 Washington Street, Nantucket, Massachusetts, on the application of THE TOWN OF NANTUCKET AND THE PARKS AND RECREATION COMMISSION, 16 Broad Street and 2 Bathing Beach Road, respectively, both in Nantucket, Massachusetts 02554, Board of Appeals File No.43S-99, the Board made the following decision: c~ ~.. 2. The Applicant (Parks and Recreation Commission) seeks a VARIANCE from the Intensity Requirements setbacks) of Nantucket Zoning By-Law § 139-16A so as to construct a 590E square foot bath house structure containing rest room facilities, dressing rooms, and an ancillary storage area on a S,OSOf square foot lot, situated in a zoning district requiring a minimum lot size of 20,000 square feet. The structure would be sited 2.7E feet at its closest point from the southwesterly rear yard lot line in a district requiring a minimum rear yard setback often feet and 3.1t feet at its closest point from the front yard lot line in a district that requires a minimum setback of 30 feet. The applicant propose providing four on-site parking spaces. The premises is located at 2 Ames Avenue, in Madaket, Assessor's Map 60, Parcel 138, which is zoned Residential-2. 3. This decision is based on the application and materials submitted with it and the testimony and evidence~presented at the public hearing. The applicant was represented at the hearing by the Director of the Park & Recreation Department, James Manchester. Two abutters addressed the Board, one represented by counsel, who also addressed the Board. Additionally, Ms. Kelly Cardoza, a hydrogeologist, testified at the hearing on behalf of an abutter. The Board also received and considered two letters from abutters and one from the .above-referenced hydrogeologist. 4. The Planning Board made a favorable recommendation, on the grounds that the Lot is apre-existing, graiidfathered lot of record that pre-dates zoning; that it was left over after the 1946 Taking that created Ames Avenue; and that it is unlike any other lot in Madaket, as it was created by a road taking. The Planning Board's recommendation is further based on the grounds that the dimensions of the pre-existing lot are such that under current zoning the lot would be unbuildable, creating the legal "hardship" required in order to issue a variance. The Planning Board recommendation further notes that the intent and purpose of the setback requirements are to provide for orderly space, light and air, and to minimize crowding. The Planning Board observes in their positive recommendation that at 22 by 26 feet this is a modest one-story structure, and that it will be located at lest 100 feet from any existing dwelling. Finally, the Planning Board's favorable recommendation recognizes the public purpose of the proposal, which is to serve as an accessory use to the recreational use of Madaket Beach, a public beach, and to replace the battery of temporary "portajohn" facilities presently serving the beach, thereby creating more sanitary conditions. 5. The applicant seeks to build a 590E sq. foot bath house within the setbacks on a SOSOt sq. ft. lot on Madaket Road. The original bathhouse, located on Town property closer to the beach, was destXOyed in the 1991 storm. The beach has eroded preventing the building of the bathhouse~in the same location as the earlier bathhouse. According to the Parks & Recreation Department, the Town is required by the Health Department to provide toilet facilities at Town beaches at which lifeguards are stationed. The Health Department dictates the size of structure based on its use, the Madaket facility is based on a peak summer beach capacity of 500 people. Presently, the Town has a bank of blue plastic portable toilets (portapotties) located alongside the roadway just by the beach. The applicant proposes building a structure that would contain six toilets, two standard and one handicapped in each of two gender-specific rooms. A facility for cleaning hands, . ~~:. whether a sink and faucet or a_ waterless facility also would be provided. Additionally, the structure would contain;a-small storage area and an interior vending machine that would sell potable water. The applicant proposes providing four on-site parking spaces, one of which would be handicapped-accessible, and an area for bicycle parking. The structure already has received approval from the Historic District Commission and the project has received approval from the Conservation Commission. 6. Two abutter voiced opposition to the project at the hearing; one of the two also voiced opposition through counsel; two other abutters wrote letters to the Board opposing the project. Opponents raised concerns about a vending machine at the site and its propensity for attracting late-night visitors, about excessive parking, about the likelihood of bathhouse patrons trespassing on neighboring property, and about the impact of all of this on the eroding shoreline. and coastal dunes. Additionally, the opponents voiced an overriding concern about the; Town's encouraging more people to visit this beach through the construction of any facilities, and the impact that a well would have on neighboring water resources. A hydrogeologist retained by one of the abutters presented a report in which she concluded that the facility would require 2500 gallons of water per day, that ~• the protective radius for such a demand would place the well into a Zone I requirement, and that the Town would likely not be issued a Transient Non-Community Well permit for the site because it could not meet those Zone I requirements. The hydrogeologist also raised concerns that the water demand of any such well would move the saltwater interface inland and impact the freshwater wells on adjoining properties. 7. The Board considers some of the issues raised by opponents to be outside its purview, such as the question of how the toilets will function. While the Board is willing to condition the variance on no wells being drilled on site, so as to protect the abutters water supplies, the Board cannot tell the Town whether or not it may run Town water out to Madaket or utilize some form of waterless toilet. Other concerns outside the purview of this Board are the health regulations that require Town beaches to provide toilet facilities, whether or not this should be a Town beach in the first place, whether or not too many people visit the beach in the summer months already, and whether or not that beach traffic brings too many cars to Madaket. The Board also takes note of the fact that the Conservation Commission already has issued Orders of Conditions with requirements that ameliorate any adverse impact of pedestrian traffic on coastal banks and dunes, both on and off the locus. The Board does not view the replacement of plastic portable toilet facilities with toilets encased in a wooden structure as creating an adverse impact on the surrounding neighborhood, rather it would appear to be an aesthetic improvement. The creation of this lot by the taking of the roadway in 1946 to build Ames Street extending down to what is known today as Millie's Bridge created the subject lot. The lot was a buildable lot prior to passage of the Zoning Bylaw in 1972 and thus enjoys grandfathered status despite the fact that today it would lack sufficient area were it newly created. The shape of the lot;prevents any structure placed there from meeting the current setback requirements, the,lot being 28.97 feet wide in a district that today requires a 30 foot setback. Because this preexisting, nonconforming lot would be rendered unbuildable by strict enforcement of the present setback requirements, because the building is located in an area where it will be bounded on all four sides by roads (two constructed and trafficked roads and two "paper" street layouts), because that is a condition that exists for f: j .. no other property in the zoning district, because the structure will be 100 feet from the nearest building (recognizing that spacing of structures is one of the purposes of zoning bylaws in the first place), and because the building is being constructed for an important public purpose, the Board~finds that it meets the statutory requirements for variance relief. 8. Accordingly, by vote of four in favor (Waine, O'Mara, Williams, Murphy) and one opposed (Toole), the Board GRANTS the requested Variance under Nantucket Zoning Bylaw §139-16A to~permit the construction of a public bathhouse on the subject lot with the following conditions: a. No well will be drilled on the property in relation to this project; b. Any vending machine shall be inside and shall sell potable water only; c. The project shall be built in substantial compliance with exhibit A (a site plan indicating three. parking spaces and one handicapped parking space); d. The project will be built in substantial compliance with Historic District Commission permit no. ~ a and Conservation Commission Order of Conditions no. S'$, g'~ /o? ~ _ Dated Se tember 1999 \ ~XJ p .~~ Dale aine 7. O Edwar .Murphy RECEIVED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 -~-_~~ SEP 1 7 1999 TIME: CLERK: ~_._. 7 : ~ ~ ~