The URL can be used to link to this page

Home My WebLink About024-10 Nantucket Dreamland Foundation -1;;r 0,' -'.-' .F,::""'" TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Fee: $300.00 File No.;;CA9~IO) Owner's name( s) :(j~;~.w~RW9~pfDrci111~\~M'FoUll<iCltion: Mailing address:::f5!~?1t!;p~ltW;:if:)~1~;EI]lJ.l.f~l",.~tetll}a~nd Beaudette, .PC, POBox 659, Nantuck~t,MA 02554 Phone Number:)it~~~~~~~~R;Sis;:::i/., .' ..... "'... ,;. E-Mail: ::':hmh@ya~ig~aQdaly~nuhtmter.bC)m Applicant's name( s): ~;':F'N~k1{et:pfe:iilliliiildF'o4WjittiQn., I'."" "";i'~~'=i('. '~'l ~}~~~-i~{\I~!~J1~~i;~ . - <::) ;;r.. CJ :::0 N U N (::; N Mailing Address: 'Eg/dYat1g11~il;'iPa!~',II~riter:StetiO~aridBr(llldette,PC, POBoX. 659, Nal1tucket, MA 02554 Phone Number:'i;t$tl~~~*~t445$c>).,"'.""'" . E-Mail: ...bi1lh@vaughandale<tu9hunter.com Locus Address: ii/,1..X'~~:2\~q:hit~t;~.~~~,EasY:s:tteet,':/ Assessor's Map/Parcel:: 42_$:1Ittl&IJ.2 Land Court Plan/Plan Book & Page/Plan File No,:(.Y"gBOW-878@)'C-- Zoning DistrictCommetciaJ DowntoWn (CDT) Use,s on ~ot- Commercial: None;\~:"2\,y'es(describe)iT:he~t;c,', ReSIdential: Number of dwellings;:,:~:".<:::;';;; . Duplex 'ee' '" Date of Structure(s): all pre-date 7 /72:'-;Yes" or Building Permit Numbers: .%"'.'>"','i\;', Previous Zoning Board Application Numbers:'';'' 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile State below or attach a separate addendum of specific special permits or variance relief applying for: See Addendum "A" attached hereto and made a part thereof I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury, SIGNATURE~:;':~;.xr Owner* SIGNATURE:!~': Applicant/ Attorney / Agent* OFFICE USE ONLY Application received on:"(},/.Jil...... By:':"';' Complete:.'" Need Copies:~ Filed with Town Clerk:-./ j _ Planning Board:j j _ Building Dept,:_/ j _ By:" . Fee deposited with Town Treasurer:_/ _/ _ By:,;, Waiver requested:~' Grante~::':\~Ui':.U;;t He~ringnotice posted with Town Clerk:_/ _/ ........ MailedC/_/_ I&M';:"j\'./,;;g &"/;:fY Hearing( s) held on: /; ;. ...... Opened on :.'.I j Continued to::'f':T/! Withdrawn:.. /,. . IT Decision Due By:! .' /. - Made:.t/.,../f. Filed w/Town Clerk:........../_/_ Mailed:~/ i... /:' - 2 FairgroUnds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile EXHIBIT" A" TO THE NANTUCKET DREAMLAND FOUNDATION APPLICATION FOR VARIANCE The Nantucket Dreamland foundation (hereinafter "Applicant") seeks a Variance, pursuant to Section 139-32 A of the Nantucket Zoning By-law, from the requirements of Section 139-7 A (8) to allow a tent to be erected for a period exceeding thirty (30) days per year, Applicant proposes to install a tent upon the Premises for the period of time spanning late June through October 2010. The proposed hours of operation for the tent are daily from 9:00 a,m, through 10:00 p,m, The Applicant proposes to use the tent for the showing of movies and staging of fundraisers for The Nantucket Dreamland Foundation; the staging by the Dreamland of summer performance camps for children; and the use of the tent by the Dreamland and other island non- profits for their sponsorship of fundraisers, farmers markets, festivals and the like. The tent shall be used in the same fashion and for the same purposes the Applicant would use the Dreamland Theater were it not in the process of being rehabilitated and reconstructed, Applicant proposes to outfit the tent with a movie screen, projector, sound system and small riser stage and in this way it will be able to accommodate movies and other events, The proposed hours of operation for the tent and premises are daily from 9:00 a,m, through 10:00 p,m, during the weeks the tent is erected and after removal of the tent, use ofthe premises from 9:00 a.m, through 10:00 p,m, on weekends (Saturdays and Sundays). The requested relief is harmony with the intent and purposes of the Nantucket Zoning By-law, Given circumstances relating to the Dreamland Theater that historically improves Locus, which is being the removed and reconstructed, and especially affecting this locus and not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of by-law would involve substantial hardship to the Applicant. This desired relief may be granted without substantial detriment to the public good and without nullifYing or substantially derogating from intents and purposes of the by-law, The Applicant asks the Board to vote in favor of the Variance as requested, 121858 IIIIJU"IIII QUITCLAIM DEED (Limited Liability Company) Cert: 22769 Doc: DD Registered: 10103/200702:16 PM DREAMLAND THEATER ZMG LLC, a Massachusetts Limited Liability Company, of Boston, Suffolk County, Massachusetts for consideration paid, and in full consideration of Nine Million Eight Hundred Thousand Dollars ($9,800,000,00), grants to The Nantucket Dreamland Foundation, a Delaware corporation, c/o Intercontinental Developers, Inc., 1270 Soldiers' Field Road, Brighton, Massachusetts with QUITCLAIM COVENANTS, See description annexed hereto on Schedule "A" Property Address: 17 South Water Street and 18 Easy Street Nantucket,Massachusetts For our title see deed dated March 7, 2005, filed as Document No. 111078, Certificate of Title No. 21691. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK] 121858 IN WITNESS WHEREOF, this Deed has been executed by the Grantor this 2nd day of October, 2007, D THEATERZM~LLC , .)^ By: COMMONWEALTH OF MASSACHUSETTS SUFFOLK, SS. October 2, 2007 On this 2nd day of October, 2007, before me, the undersigned notary public, personally appeared Haim Zahavi, as the Manager for Dreamland Theater ZMG(LLC, a limited liability company, proved to me through satisfactory evidence of identification, which was a Driver's License, to be the person whose name is signed on the attached document, and acknowledged to me that he signed it voluntarily for its stated purpose, ~ fln-4- otary PublIc My commission expires: A JO-ANN ALlAN ~\1A.lt Notary Public ~ \ .V J}.I C~;,~rr;~~'\:C:!:~i or, MassachUS91t ~~\",:, t"."_',inr.',i:,:slon Expires ~"''--''''' A.'xii 9, 2010 2 . '..,t .r3h 121858 LEGAL DESCRTPTION- EXHIBIT A Two (2) certain parcels of land with the buildings thereon, situated in Nantucket, Nantucket , . CQunty, Mas.saGQ.usctts, being ~ho\\Tn as Lot 3. & 4 00. a plan entitled, ttPlan 9f Land for Dreamland Theatre ZMG LLC at 17 South Water St. Nantucket, MA, September 12,2005, C.E,C, L.'md Surveyors Inc, 7 Winter St. (Suite 3), Peabody, Massachusetts 01960'\ filed with the Nantuckel Registry Dislrict ~)rthe Land Court as Plan No, 8786D, to which plan reference may be had for a l'l1ore particular description, . Ctr;;j,(,o/"t ()~ //:/;' tj rJ/ ell LAND COURT, BOSTON. 'Ate land her~e3e!'ib~d will be shown on our f)rW","ri plan to follow as At ~r"c-.J7p MASSACHUSE EXOISE TAXyJCJ Nantucket nty ROD *16 001 Date: 103/200702:16 PM Ct 458267 14215 Doell 00121858 ee: $44,688.00 Oons: $9,800,000.00 OCT 0 2 2007, Plan 6'7o~~lot~ 3~;/ (EXAMINED AS DESCRIPTION ONLV) ie6lg~ T. e:c:ll.lelbml;), !1Ig!treer m(5) -r:c: tf'c"'1j,,,,"~ //C~J E~J"7/'" NANTUCKET Uo.ND BANK I CERTIFICATE l[3P'aid $ ('1 bl 000- !DExempt lONon-applicable L~E3~ lojaf l No, Da I l Au-ohorlullon 121858 ~ ~ f!fi- J~[!/tk (JonznumweaId JtaLb~ r;}J~ ~02f88 William Francia Galvin Secretary of the Conunonwealth September 28, 2007 TO WHOM IT MAY CONCERN: I hereby certify that a certificate of organization of a Limited Liability Company was filed in this office by DREAMLAND THEATER ZMG LLC in accordance with the provisions of Massachusetts General Laws Chapter 156C on January 12, 2005. I further certify that said Limited Liability Company has filed all annual reports due and paid all fees with respect to such reports; that said Limited Liability Company has not filed a certificate of cancellation or withdrawal; and that, said Limited Liability Company is in good standing with this office. r also certify that the names of all managers listed in the most recent filing are: HAIM ZAHA VI I further certify, the names of all persons authorized to execute documents filed with this office and listed in the most recent filing are: HAIM ZAHA VI The names of all persons authorized to act with respect to real property listed in the most recent filing are: RAIM ZAHA VI In testimony of which, I have hereunto affixed the Great Seal of the Commonwealth on the date first above written. ;JYJk-.2~~ Secretary of the Commonwealth Processed By:T AA r~_~'~r , 121858 g::> . I ;:0- c::;I ........ I g , CI I ::::6 . c: I I . :o~ /D I I '" * I I ..... * -e>. I (:I :z: I I ..., :::> ,., :> I 0 I /D ..., X I '" I '" (""> -1 I ~I ::? rT\ ~ I '" I .... ,., 81 ,.,1 ..... <: t'O'l ~ -11 rrt Cl'l 01 ... 1 c:l c::;I - -1 1 'T1' ~ U) ~I -' - i -i 8 ~I I',) ..., ;:0 .. I ~l Ul g -< c:: I . .z: 1 1"'1\ g ..... ;:0 0::> -t 1 rrt .... -< 01 ~l "" C'l ~ SI ..... r- ..I ..... (t:I ,., 5: I ,., -i ..... >-31 ~l /D :>0 <"> o;:J ~l n c ::> -1 -.J 1 t..:I -f ('"'> C<l (.111 -1 .. I-C ~ -,01 CI - t:::) I n- o. X 1 P "'0 -i I .... * I .. * I ... I ~ I ~ I ~ I C<l I ~ I . :3 ..,- Town of Nantucket Web GIS - Printable Map Page 1 of 1 Town of Nantucket Web GIS t ,d,"I 01'-" o Prop ID Address Owner 42.3.111.1 17 S WATER ST NANTUCKET DREAMLAND FOUNDATION 1270 SOLDIERS FIELD RD BOSTON, MA 2135 10/03/2007 $9,800,000 C0022759 0.15 acres NOT A LEGAL DOCUMENT = K '" , ~, 1;' J;. )\ ~ , #\~(?~ \ ~ 0", I ""'-."-----...___r'~____-~.--, , Sale Date Sale Price Book/Page Lot Size For general reference only: Important caveats which must be considered when using this data are available from the Nantucket GIS Coordinator. Disclaimer The Information displayed on this or any other map pmduced by The Town of Nantucket Is for reference purposes only, The Town of Nantucket does not guarantee the accuracy of the data, Users are responsible for determining the suitability for Individual needs. All information is from the Town of Nantucket Geographic Information System (GIS) database, Town of Nantucket, Massachusetts Map Composed 4/3/2010 of Nantucket, MA. All rights nftn' / /hod l'lnnuF'O r'om/n!'lntllr'lz-F'tml'llPrlnt!'lhlpT\A'!'In !'I(,,"v,/PrpcPMTP=,\V;rlt},)(r T\1f<ln '\U; rl t}, ='1 r:.7 11/1/')11111 ----- 41 ~ 1/- ,,00 '.uCl~ F'orm 2-89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 Rr-=C~E;\!(~D 8eAF.D OF AS8ESS..JRS MAR 1 8 2010 ASSESSOR'S LIST OF PARTIES IN INTEREST T;:~/l~'J Of' NAJJTUC-t<ET, ~:~\ :]~:orERTY OWNER: ~~ ~\~~ ~OlN\~(M ::-I.FPJ~ICANT FOR RELIEF (SAME? L) : ;\I.~DRESS OF PROPERTY: \~ (d.J,~ ~ ~~ 2-\SSESSOR'S MAP - PARCEL: .L\~, S .\ \\. \ l' \\.1.--- LIST OF PARTIES INCLUDING ADDRESSES *(OR SEE ATTACHED ~): * * I certify that the foregoing (or the attached ) lists all persons, -catural or legal, who are owners of abutting property, owners of land di.rectly opposite on any public or private street or way i a'nd abutters of the abutters and all othe'r land owners within three hundred feet. of the :;':;::operty line of Owner's property, as they (and their address) appear on tile most recent applicable tax list [per M. G. L. c. 40A, S 11 and ZoniI19' Code :lle.pter 139;9,S~:~2~D(2)J. ~-?-~ t/ 4-t~ j;{{;l/dlr. , Assessor's Office Town of Nantucket !,rOTE: Applicant (Petitioner) should include with the lot for which zoning ~ef is sought, any commonly-owned abutting lots which might become T~'l(')lved in the zoning matter. List map and parcels for each abutter. ~--,- Submitted by Vaughan and Dale, P. C. Date: Client: 'J . - o ::u :TI r') TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 0'2554 ~ N ...... -Iz ~~ C- c:: z: I N C~~"1 Date: June 1, 2010 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 024-09 Owner/Applicant: Nantucket Dreamland Foundation 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. Mi1!!~a{!!!~~) 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 17 So, Water Street & 18 Easy Street Assessor's Map 42.3,1, Parcels 11.1 & 11.2 Land Court Plan 8786-D, Lots 3 & 4 Certificate of Title No. 22759 Commercial Downtown DECISION: 1, At a public hearing of the Nantucket Zoning Board of Appeals on Thursday, May 13, 2010, at 1:00 P.M., at 2 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following Decision on the Application in Zoning Board of Appeals File No. 024-09 of Nantucket Dreamland Foundation, c/o Vaughan, Dale, Hunter, Stetina, and Beaudette, PC, PO Box 659, Nantucket, MA 02554. 2. Applicant is requesting Variance relief pursuant to Nantucket Zoning Bylaw Section 139-32 (variances) from the requirements of Nantucket Zoning Bylaw Section 139-7(A) (allowed uses) to allow a tent to be erected for a period exceeding thirty (30) days per year. The Applicant proposes to install a tent upon the site for a period of time spanning June 1 through October 31, 2010. The site is located at 17 South Water Street and 18 Easy Street, is shown on Nantucket Tax Assessor's Map 42,3,1 as Parcels 11.1 and 11.2, is shown on Land Court Plan 8786-D, and is registered at the Nantucket County Registry of Deeds as Certificate of Title No. 22759. The site is zoned Commercial Downtown. 3. Our Decision is based upon the Application and accompanying materials, representations and testimony received at our public hearing. The Planning Board made no recommendation finding that the Application did not present any issues of planning concern. No abutter comment was received either in favor of or against the Application, 4, Attorney Jeff Stetina and Patty Roggeveen, Executive Director of the Dreamland Foundation, represented the Applicants at the hearing. Attorney Stetina explained that similar to the previous application, a tent cannot be erected for a period longer than thirty (30) days and therefore the applicant is requesting variance relief, Ms. Roggeveen stated that the Applicant proposes to use the tent for the showing of movies and staging of fundraisers for The Nantucket Dreamland Foundation; the showing of films by the sponsors of the Nantucket Film Festival; and the use of the tent by the Dreamland and other island non-profits for their sponsorship of fundraisers, farmers markets, festivals, and the like. Essentially the tent shall be used in the same fashion and for the same purposes the Applicant would use the Dreamland Theater were it not being rehabilitated and reconstructed. 5. Therefore, the Board finds that owing to the circumstances relating to the soil conditions, shape or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of this chapter would involve substantial hardship, financial or otherwise, to the petitioner, and the desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of said bylaw. 7. Accordingly, by a motion made and duly seconded to GRANT the requested relief by V ARIANCE pursuant to Nantucket Zoning Bylaw Section 139-32 from the requirements of Nantucket Zoning Bylaw Section 139-7(A) to allow a tent to be erected for longer than thirty (30) days from June I, 2010 through October 31, 2010, with the following conditions: (a) The facility shall be open no later than 10:00 PM, Monday through Sunday; (b) The porta-potties shall have water; (c) That a maximum of two-hundred (200) tickets shall be available for each movie showing; (d) That there shall be no amplified music past 8:30 PM; (e) That movie showings shall be limited to Thursday, Friday, Saturday, and Sunday evenings; (f) That only G, PG, and PG-13 movies shall be shown; (g) That port-a-potties shall be available on the site for all events held on the site; (h) That garbage receptacles shall be located throughout the site and all garbage shall be picked up by staff after each event; (i) That ticket sales will take place on site within the fenced-in Dreamland property; G) That no on-site alcohol sales shall take place; (k) The Dreamland Foundation shall not rent or lease the site to commercial entities; and, 2 (1) That the site may be used for the showing of movies, festivals, fundraisers, farmers markets, and the like through October 31, 2010, There were five (5) votes in favor and none (0) opposed, SIGNATURE PAGE TO FOLLOW 3 -------- Dated: clcutt ;l- ,2010 ~ ~QK;M lsa othcelh Q~lrth~ Nantucket, ss, COMMONWEALTH OF MASSACHUSETTS June q> ,2010 On this ~ day of June, 2010, before me, the undersigned Notary Public, personally appeared SMa.J1 !W(LIU"'fIrJ4- , who is personally known to me, and who is the person wl<ose name is signed on the preceding or attached document, and who acknowledged to me that he/ she signed it voluntarily for its stated purpose. ~/hd!L- Notary Public: J/ene".s.~ J< ./VlDOr-<. My commission expires: M~ ~'? ;loJ 3- 4