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Home My WebLink About041-11 Middle C, LLC,~ v ATTORNEY AT LAW 3 NOBSKA WAY NANTUCKET, MASSACHUSETTS 02554 Telephone (508) 228-7525 Fax (508) 228-7526 jfitrlaw@comcast. net IN HAND June 14, 2011 Ms. Catherine F. Stover, Town Clerk Town and County Building 16 Broad Street Nantucket, MA 02554 RE: Applicant: Middle C, LLC Owner: Nantucket Island Resorts LLC Property: 56 Center Street, Nantucket Map 4243, Parcel 080 I ~ 1 ~{ ' Dear Ms. Stover: Please certify the date and time of filing of the attached request for a hearing before the Zoning Board of Appeals and a hearing before the Planning Board pursuant to Nantucket Zoning By-law Section 139-30. K with supporting materials. Please certify the date and time of filing the request. cc: John Brescher, Administrator, Board of Appeals Leslie Snell, Senior Planner, Nantucket Planning Board Middle C, LLC Mailing Address: P.O. Box 2567 Nantucket, MA 02584 Very truly yours, lie A. Fitzger Enclosure NEW AAA ~•4Tt D~ ~~ ~~ ATTORNEY AT LAW 3 NOBSKA WAY NANTUCKET, MASSACHUSETTS 02554 Telephone (508) 228-7525 Fax (508) 228-7526 jfitzlaw@comcast. net IN HAND June 14, 2011 John Brescher, Administrator Board of Appeals 2 Fairgrounds Road Nantucket, MA 02554 RE: Applicant/Appellant: Middle C, LLC Owner: Nantucket Island Resorts LLC Property: 56 Center Street, Nantucket Map 4243, Parcel 080 Dear John: ~rP ~ ~~'~~~' Mailing Address: P.O. Box 2567 Nantucket, MA 02584 Enclosed for filing in the matter of the Application and Appeal from a Decision of the Zoning Enforcement please find the following: 1. Four (4) application packets including copies of the following: • Application with Addendum • Authorization letter from Owner • Occupancy Chart showing Existing, Previous Proposal and Revised Proposal • Site Plan showing Existing and Proposed conditions by Bracken Engineering revised 6/13!11 • Existing and Proposed Elevation Plans by bpc dated June 3, 2011 • Letter from the Zoning Enforcement Officer dated June 10, 2011 • Assessor's Map • Abutters' List • Mailing labels • Notice of Appeal of the Decision of the Zoning Enforcement to the Town Clerk 2. Certified Abutter's List; John Brescher, Administrator Board of Appeals June 14, 2011 Page 2 3. Two (2) sets of mailing labels; 4. Check in the amount of $300.00 for the filing fee. Please schedule this matter for hearing on July 14, 2011. Very truly yours, lie A. Fitzger Enclosures cc: Catherine F. Stover, Town Clerk Marcus Silverstein, Zoning Enforcement Officer Middle C, LLC TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION AND 1 APPEAL FROM A DECTSION OF THE ZONING ENFORCEMENT OFFICER Fee: $300.00 Print Form I . 1 ~ ., , File No.(~'T`_/ l Owner's name(s):Nantucket Island Resorts LLC, cJo New England Developme~ Mailingaddress:One Wells Avenue, Newton, MA 02459 c/o Douglass E. Karp Phone Number:617 965 8700 Applicant's name(s):Middle C, LLC E-Mail: 1~iailingAddress: P•O• Box 359, Nantucket, MA 02554 Phone Number:5o8 901 4140 Locus Address: 56 Center Street E-Mail: Assessor's Map/Parcel:4243-080 Land Couxt Plan/Plan Book & Page/Plan File No.:Plan Book 16, Page 7s Deed Reference/Certificate of Tide:9o2/132 Zoning DlstrictROli Uses on Lot- Commercial: None_ Residential: Number of dwellings Yes (describe) Lodging .House-12 Units Duplex Apartments Date of Structure(s): all pre-date 7/72 x or Building Permit Numbers: 2543-82; 4496-85; 7634-90 Previous Zoning Board Application Numbers:o22-11 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile State below or attach a separate addendum of specific special pernnits or variance relief applying for. See Addendum attached hereto for the Appeal of a Decision of the Zoning Enforcement Officer and for the Application 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: r l ~ Owner* SI Applicant/Attorney/Agent* *I f an agent is representing the Owner or the Applicant,~ilease provide a signed proof of agency. OFFICE USE ONLY Application received on:_/_/ By: Complete:- Need Copies:.. Filed with Town Clerk:_/,J_ Planning Board:,J_ Building Dept.:J_/_ By:_ Fee deposited with Town Treasurer:_/J_ By:_ Waiver requested: Granted:_/_/_ Hearing notice posted with Town C1erk:JJ_ Mailed: / / I&M /_/_ & / / Hearing(s) held on:_/ / Opened on :_/ / Continued to /_/ Withdrawn: /_/_ Decision Due By:_/ / Made: / / Filed w/Town Clerk:- . / /. Mailed: / / 2 Faiirgrounds Road Naatricket Massachusetts 02554 508-228-7215 telephone 508-228-7298 faceimde Nantucket Island Resorts LLC c% New England Development One Wells Avenue Newton, MA 02459 June 8, 2011 Zoning Board of Appeals Town of Nantucket 2 Fairgrounds Road Nantucket, MA 02554 RE: 56 Center Street Nantucket, MA Ladies and Gentlemen: Nantucket Island Resorts LLC {"NIR") is the owner of the property generally known and numbered as 56 Center Street, Nantucket. NIR hereby authorizes Middle C, LLC to file an application for a special permit and/or an appeal from adecision/opinion of the Zoning Enforcement Officer to authorize the use of the property as a nonprofit educational facility with the Nantucket Zoning Board of Appeals. Very truly yours, NANTUCKET ISLAND RESORTS LLC By: { ~1~3 L Hereunto duly authorized 2049746 ADDENDUM Background: Applicant is the contract purchaser of property at 56 Centre Street, Nantucket, MA. The Applicant proposes to change the use of the properly from apre-existing non-conforming Lodging House with twelve guest (12) rooms and a certified occupancy of 27 which currently has no parking on-site or Off-street loading facility to a permitted use under M.G.L. c. 40A § 3 as an educational facility with three (3) on-site parking spaces. An educational facility is a permitted use not requiring Special Permit relief pursuant to M.G.L. C. 40A, §3. The proposed educational facility will meet all Building Code, Plumbing Code, handicap access and other requirements for an educational facility. Changes to the exterior of the structure will meet all set back and ground cover requirements as required in the Residential Old Historic District. Portions of the existing structure are pre-existing non-conforming by exceeding the Height Limitation, Section 139-17 of the By-law. All alterations to the structure will be less than the maximum Height Limitation of 30'. An existing dormer exceeding the 30' Height Limitation will be removed which will make the structure more conforming. The Applicant proposes to provide three (3) on site parking spaces, one (1) being handicap. accessible. The spaces will be on the Academy Lane side of the property which will make them readily accessible to the handicap ramp to the building. There are no off-street parking requirements for an educational facility set forth in the Zoning By-law. The provisions of Section 139-18 E states: "For other permitted uses or uses by exception which are not covered in §139-18D above, comparably adequate parking, shall be required as shall be reasonably determined by the Zoning Enforcement Officer, or the special permit granting authority having jurisdiction." There are no off-street loading facilities specified in Section 139-20 for educational facilities. Middle C, LLC submitted a written request to the Zoning Enforcement Officer dated May 27, 2011 for an opinion as to any zoning provisions that may affect the use of the premises as an educational facility based on the attached Chart which details the proposed uses and spaces within the structure. The Zoning Enforcement Officer, Marcus Silverstein responded with a Decision dated June 10, 2011. Dover Amendment analysis -M.G.L. c. 40A § 3: The Board must make a determination of what parking or loading zone requirements and would be applicable for the proposed educational facility and that they are reasonable when applied to this project. As set forth in the case of Tufts College v. City of Medford (415 Mass 753) the requirement may be unreasonable if compliance would substantially diminish or detract from the usefulness of the proposed structure or impair the character of the institution's campus, without appreciably advancing the municipalities legitimate concerns. To the extent that the Boards finds that a parking formula applicable to an educational facility exceeds the three (3) spaces that the Applicant can physically locate on the properly, the Applicant requests that the Board make a determination that such parking requirements in excess of the three (3) spaces that can physically be located on the site are unreasonable when applied pursuant to M.G.L. C. 40A, §3. In Campbell v. City Counsel of Lynn (415 Mass 772), the Court states that local officials may, "on an appropriate showing, decide that facially reasonable zoning requirements concerning bulk and dimension cannot be applied to an educational use occupying a particular site because application of the requirements would improperly nullify the protection granted to the use, or because compliance with the requirements would significantly impede an educational use, in either instance without appreciably advancing municipal goals embodied in the local zoning law". The Court further states: "V1le conclude that the record is insufficient to determine whether compliance with any applicable off-street parking requirements can be demanded." The case was remanded for further review of this issue The determination by the Board is on a case by case basis with due weight and consideration being given where an educational facility is proposed on a site with an existing structure. Appeal of Decision of Zoning Enforcement Officer: It is the .position of the Appellant that the Zoning Enforcement Officer did not give due consideration to the size of the existing structure on the lot and the physical impossibility of the Appellant providing on-site parking beyond the three (3) proposed spaces and requests that the Board overturn the Decision of the Zoning Enforcement Officer. The determination by the Zoning Enforcement Officer that the property is situated in a "primarily residential area" is not accurate and even if it is supported by any factual data, is not an appropriate issue to be considered in determining the application of parking requirements to an educational facility pursuant M.G.L. C. 40A, §3 and Appellant requests that the Board overturn the Decision of the Zoning Enforcement Officer. The Decision of the Zoning Enforcement Officer states: "it has been argued that I have the authority to waive required parking due to the exemption afforded educational uses. I do not agree." The Nantucket Zoning By-law, Section 139-18E together with M.G.L. C. 40A, §3 gives the Zoning Enforcement the directive to determine reasonable parking requirements as applied to this proposed educational facility. This is not a parking waiver per se, but a determination of the required parking as applied pursuant to M.G.L. C. 40A, §3. Alternative relief by Special Permit: It is the position of the Applicant that relief can and should be granted pursuant to the provisions of M.G.L. C. 40A, §3 or by overturning the Decision of the Zoning Enforcement Officer; however if, and to the extent applicable, the Applicant requests the following alternative relief: With respect to parking: 1.the Board may grant relief from any parking requirements in excess of the three (3) on-site spaces to be provided by Special Permit pursuant Section 139-188(2) for a waiver of parking requirements pursuant to 139-18E. Pursuant to Section 139-186 (2) the Board must make the following findings: (a) that the granting of such special permit is in harmony with the general purposes and intent of this chapter; and (b) that compliance with the parking requirement of this §139-18 would be physically impossible for the applicant to provide. 2. the Board may find pursuant to Section 139-33A (4): "that such change, extension or alteration shall not be substantially more detrimental than the existing nonconforming use (structure) to the neighborhood." The parking requirements for the existing Lodging House are 8 spaces. The Typical Occupancy for the educational facility per the Chart would be 52. If the Board applies the formula per the opinion of the Zoning Enforcement Officer, Marcus Silverstein, dated June 10, 2011, the parking requirement to be applied is 1 space for each 8 occupants. If this parking formula is applied then the proposed educational facility would be less nonconforming than the existing Lodging House use since it would only require 7 spaces, of which 3 will be provided. With respect to off-street loading: 1. The Board grant relief from said off-street loading facilities requirements by Special Permit pursuant to Section 139-20 C. The Board may find that: the granting of such relief is in harmony with the general purpose and intent of the chapter; and that the provision of off- street loading facilities as required by this chapter is physically impossible for the applicant to provide, or, if physically possible, would have a significant adverse effect upon the scenic or historic integrity of the neighborhood; and granting of relief would not be contrary to sound traffic, parking or safety considerations. 2. The Board may find pursuant to Section 139-33A (4): "that such change, extension or alteration shall not be substantially more detrimental than the existing nonconforming use (structure) to the neighborhood" since the existing Lodging House use is pre-existing non- conforming as it does not provide an Off-street loading facility. With respect to height: To the extent any relief is needed to alter apre-existing nonconforming structure under Section 139-33, even if the alterations do not create any new nonconformities, relief is requested either by a finding by the Board that the imposition of bulk or height requirements to this proposed education facility under M.G.L. c. 40A § 3 would not be reasonable or if determined to be reasonable by a finding pursuant to Section 139-33A (4): "that such change, extension or alteration shall not be substantially more detrimental than the existing nonconforming use (structure) to the neighborhood." The property is located at 56 Center (Centre) Street, Assessors Map 4243, Parcel 80, shown as Lot 1, Plan Book 16, Page 78. The property is zoned Residential Old Historic. 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Per the Bracken Engineering, Inc., site plan dated March 10, 2011, 56 Centre St. is a 10,151-square foot property in the Residential Old Historic (ROH) zoning district, a district that requires a minimum lot size of 5,000-square feet. The existing structwe covers 2,957-squaze feet, or approximately 29.2% of the lot azea, in a district where the maximum allowable ground coverage is 50% of the lot area. Use of the structure is as a pre-existing, nonconforming transient residential facility with a total occupancy of twenty seven (27) people. No parking for the existing use appears to be provided. The proposed use of the property is as a music school, a use allowed by right in the ROH district, with a total proposed occupancy of 105 people. In materials supplied by Middle C, LLC, as part of the request for opinion, the occupancy is broken down further into three time periods throughout the day- `'School Day", "After School", and "Evening or Satwday'. The occupancy for these periods is proposed to be 33, 24, and 52 persons, respectively. Three parking spaces are proposed to serve the new use. As you are aware, the so-called Dover Amendment affords educational uses wide latitude in regards to compliance with zoning regulations, but that certain reasonable requirements, such as parking, may be applied. It is in the matter of parking that I write this opinion. Section 139-18 ofthe zoning bylaw sets the parking requirements for uses in each district. For uses in which no pazking requirement is provided, such as is the ease for educational uses, § 139-18E of the zoning bylaw states, "(t]or other permitted uses... which are not covered in [the parking chartJ, comparably adequate off-street parking shall be required as shall be reasonably determined by the Zoning Enforcement Officer...". Typically, educational uses are required to provide parking for 1 of every 3 persons of Please be advised that if you are aggrieved by this opiaion, an appeal may be filed Nithin 30 days of this noHcc tivith the Zoning Board otAppcals pursuant to §139-3IA(2) of the'fown oftianmcl:etLoning Code. OFFICE OF ZONING ENFORCEMENT TOWN BUILDING ANNEX 3 7 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 Telephone 505-325-?578 Fax 508-325-7579 (Page 2, 55 Centre St., June 10, 2011) occupancy. However, recognizing that in some instances the bylaw makes distinction between businesses within the downtown area~versus those outside of downtown, I make the distinction that the typical parking count for educational uses should not apply here. In that regard, I look to the parking required for downtown restaurants, substituting "persons" for "seats", and find that parking should be provided at a count of 1 space for every 8 persons of occupancy, for a total of thirteen (13) required parking spaces based an a total occupancy of 105 persons. Your request for opinion states that provision of parking beyond the three proposed spaces will "make it impossible to have a school on [the 56 Centre St.] property." Also, the letter states that "any requirement of additional parking must be determined... to appreciably advance a municipal goal." In my opinion, due to the large-scale intensification of use of this property in a densely populated primarily residential area of the downtown district, I believe the requirement of a minimum of I3 pazking spaces serves the municipality's stated goals of the promotion of the safety of the inhabitants of Nantucket and to lessen the danger of congestion. Lastly, in discussions it has been argued that I have the authority to waive required parking due to the exemptions afforded educational uses. I do not agree. As noted, § 139- 18E allows me to set reasonable parking requirements for uses not already ascribed same. However, only the Zoning Board of Appeals (ZBA), or in certain cases the Planning Board, are given the authority to waive pazking while acting as the special permit granting authority (§ 139-18B.2). Therefore, waiver of some or all of the required 13 parking spaces must be achieved through application to the ZBA. Zoning Enforcement Officer Town of Nantucket If you have any further questions, please feel free to contact me ectfully, s S~ em Please be advised tltatif you are aggrieved by this oplafoa, an appeal may be filed within 30 days of this notice with the Toning Board of elppcals pursuant to §t39-31 a(2) of the Town of \antucket 7.oning Code. e ~$~~ - A f yia y =_ =0~~3 ~~no ' ~ •~I $g • ~ ~~ 7 ~ < L ~ L ~6~ ~ ? 0 A p ~~yppS ~:e~ _ ~ ~ ° i • ~ i WE9Cp PACE • o • ~ ~ ^ N U }i I i 8 ~ • i M ? • 7 ~ / _ ~8 j~l~ s • ~ • _ . $ I r• ~ ~ ~ P r' a~ ~ • _ .R + ` ~~~ 'f \ • 1~J1 C ~ v _ ~ .x ~ ~ w _ . ~ u_ N ~ ~ 7 • 4`~ • ~ s:} 'Pa ~ ~ \~ ,l e \~ ~ A ~ ~ yyy ..... ~ G O • 5 ~ - *Jt~ ~ a e _ ~ ~d t o x ~ z W y w - • t,L n 7J • x u y • Z Y • a N 0 81i w F ~•m •~ 10 ~ WESiAIINSTEq + a r 1. 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N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N a a v v v v v v v v v v a v v v v v v v v v v v v v v v v v v v v v v v v v v v v v v O v v H W H H zz ~yy ~y W m H H H H H E H H E H zz ~y ~y t7 t7 H y 2 'G t7 'L p7 py7' W W W W ym' ~W{ yW ym' m W W yy~~ N t7 yrp~}7 W N H FN7 >7 „ t7 H H H H H W W a W F F E fEil N N 8 W bl W S~ W~~ a m ~i a7 ~ ~i $ 'ry ~~~~~~~~~~~~~~~~~~~~~~~~~~tNHi~~~~~~ N 'i m n N b d N O m O N W N ri N rl rl N W d N d Q I(1 N {q n o1 N .-1 N ri b b b b N N d b W .-1 ~ b OJ n N PI N .i m H H aH [[~~nj ~ W E p~qq Qi "~ O O O Ifl O N M N N d d d N N b d d d d d pl d d O~ M d d d m m d N N W M d d d O d O d PI d d o u1 N N M m m ul b ul Iq N N N of v1 b ul N N m A n n n M d W u1 v1 pl n N M d N O7 W N ul h o W N In N N N N O d H 1f1 01 If1 1II I() N d m O O rn A tq N N m W a v1 N v1 O N N N N b b N N N N N N 0 11) N W N N N N O N O 01 W W o'1 N N N b 0 g N OI N OI 0 0 0 0 0 0 0 0 0 0 0 0 N N O O t0 O O O N O N r1 N N VI O O O O N N O Ifl O r ~ a ~ ~ ~ cN i cH i ~ ~ ~ ~ ~ ~ ~Z ~ ~ z ~ ~ ~ ~ ~Z ~ ~ w a a f ~ ~ ~ ~ cE i ~ w H ~~5~3~~~~~~3~3~3oW~~~~3~~ ~ ~~o ~5~~~ ~o~ U M~ ~ H Q O > Q ~ a~ o Q ~ a~ ~ p~ ~ WW aa [oo~ q a [oy 111~y~~~5557iii ~N N N H ~ N~y{ Fy77 D ri ~ N~ O 9~ Z O O n $ ~ ~ n III ~ U1 OFI m F. 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E ti pwp p7 N ~ a W .R ~ 'j~ ~U-1 ~ (r] H C7 7i py M ~ ~l '.L H M~~ a F .KzFii ~~ a ~zyz UUU UUU ~{i u U a a a h h m W a U ~i R~ ~ a H~ W IL57 H .7 trtr~~ ,>C7 W U ,~yZ ~ W a W ~y h p W~ N a k a N~ 1i r7 H~~ N a q~ W 3 ~p agg N h ~ w7 a Z H i4 ~ ~ EFi ~ U W W ~ ~ Q ~ W ~ ~ ~ ~ h ~Zl R H r~i O w, W ~ ~ p ~ „ ~ ~ ~ 6] ~ N W ti C7 C1 H H ~ W > u ~ a w ~ °a ~ ~ ~ ~S ~ N W ~ ~ w w ~ ~ ~ ~ ~ z ~ ~ e2 W R a a N N N d Iry M d I() n W W G N N PI v~ u1 b n 01 1+1 d N b n N N l+l d b n o 0 0 0 ~O-I N .NI rNi m m rn a~ rn N N N M M M M M M PI 1n M n n n n n W W m W W W rl N .-1 rl N .-1 N .{ a ~I N N N N N M M M M of M f~l M M M M M M PI M U7 P'1 1~1 M nl M Pl RI M R) M M nl 01 M M d d v d d v d d d d d d d 'd v v d d a v v v d d v d d d d d d d d d d v N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N d Q d d d d d d d d d d d d d d d d d d d d v d d d d d d d 'V' d d d d d busy E~eel l.ufaels Use fkvcrry® ~'t~6i~#~l.!-1`fi= S'iG+6~ Forty-Eight Centre Street Inc 48 Center Street Nantucket, MA 02554 Emma LLC c/o Dr. Thomas Ginley 700 Old Gulf Road Bryn Mawr, PA 19010 Cobblestone Partners LLC c/o Centre of Town LLC PO Box 359 Nantucket, MA 02554 Thirty Three Center Street LLC c/o Paul S. Jensen PC PO Box 3097 Nantucket, MA 02584 Vanessa Noel Ginley c/o Paul S. Jensen PC PO Box 3097 Nantucket, MA 02584 u ~i ~?--l See inszauctio~~ Sheet ~ ~ i 1=eed super ~~~~ f®~• ~esy Free! Featuve~ ~ ~~~~®5~60~ ~ Bernard L. and Carol L. Coffin Nathan R. Allen, Jr. and Mathilde Allen ' c/o Laurance R. Clark 418 West Lyon Farm Drive 79 Pleasant Street Greenwich, CT 06831 Marblehead, MA 01945 Banita C. Kern & Raj Witteborg, Trustees PO Box 3998 West Sedona, AZ 86340-3998 APT Holdings LLC c/o Patricia Lassiter 330 Beacon Street, #C115 Boston, MA 02116 Frederick R. Wallhausser PO Box 616 Stockbridge, MA 01262 Kenneth B. Spatola 2 Kings Highway, Unit 3 Hampton, NH 03842 Bernard L. and Carol L. Coffin PO Box 1881 Nantucket, MA 02554 Bernard L. and Carol L. Coffin PO Box 1881 Nantucket, MA 02554 Sherburne Investments LLC 24 Vestal Street Nantucket, MA 02554 i Nathan R. Allen, Jr. & Mathilde T. Allen 418 West Lyon Farm Drive ~ Greenwich, CT 06831 Paul A. and Judith F. Kales PO Box 179 Nantucket, MA 02554 Robert J. and Cynthia B. Rebhan 932 Baldwin Road Woodbridge, CT 06515 Michael F. Orr, Trustee 2003 Sally Orr QPRT 455 East 57~' Street, Apt 4A New York, NY 10022 Nina. Hellman 48 Center Street Nantucket, MA 02554 Dale and Susan Hamilton (4 Quince Street i Nantucket, MA 02554 I t -; Andrew A. and Gail A. Fortin PO Box 311 York Harbor, ME 03911 Clarissa Porter et al Life Estate 2026 Dartmouth Place Charlotte, NC 28207 Thomas A. Twomey and Judith Hope PO Box 9398 Riverhead, NY 11901 Leroy G. Palmer 7 Hussey Street Nantucket, MA 02554 Leroy G. Palmer 7 Hussey Street Nantucket, MA 02554 Loise B. Chapin 2700 Geysers Road Geyserville, CA 95441 Nantucket Islands Land Bank 22 Broad Street Nantucket, MA 02554 Twenty Four Broad Street Iuc PO Box 1829 Nantucket,. MA 02554 Richard J. and Kathryn L. Glidden PO Box 816 Nantucket, MA 02554 Nantucket Island Resorts LLC New England Development One Wells Avenue Newton, MA 02459 ~~a~~~"ce~ ~€~cll~:~ ~ ~~lee ~ C~~sfl~lte~ !~ •f~!!!e ~reveeycas~ fl Rfi•3Reesa~v Ra era-n.as•R4 ~~0/~I~'~9~ ,'R~~3~ ~2~~ ~~ ~FRc1N`~1$RV9~R9U`. r7`isrei~A~7Reser 9..~AA_f;PT.fl\!t'E~v 1=~sy Peel @.a@~e9s 11SGs I~V~i~f~ ~~~»~.d~~~ ~'~~t1® Nantucket Island Resorts LLC New England Development one Wells Avenue newton, MA 02459 lestorationack LLC ;/o Lydia Zinzi 763 Santa Fe Trail ?ranklin Lakes, NJ 07417 tennis W. and Martha G. Perry ?7 Dunning Road New Canaan, CT 06840 3eatrice S. Johnston Knox 3untington Realty Trust ?O Box 1828 Nantucket, MA 02554 Sevin F. Hickey ;/o Susan Renzulli 30 Richmond Drive New Smyrna Beach, FL 32169 lodger and Susan Renzulli 30 Richmond Drive New Smyrna Beach, FL 32169 Sevin F. Hickey ;/o Lauri Beak t4 Obrien Court 3edminster, NJ 07921 Jeranda House LLC ;/o Dale Hamilton 1 Quince Street Nantucket, MA 02554 Nantucket Island Resorts LLC e/o New England Development One Wells Avenue Newton, MA 02459 ., Nantucket Land Council Inc PO Box 502 antucket, MA 02554 '` Byron and Suzanne Lingeman, Trustees The Ten Ash Street Nominee Trust 9 Edmonds Road Wellesley, MA 02481 Robin A.H. and Keith M. Yankow PO Box 675 Nantucket, MA 02554 Kevin D. and Katherine A. Davidson 21 Woodhill Road Newtown, PA 18940 Michael C. Veysey, Trustee 330 Blackland Road Atlanta, GA 30342 Roberta A. Conti, Trustee Twelve North Nominee Trust 147 Roger Williams Court Portsmouth, RI 02871 Nesbitt Inn LLC Le Select Properties LLC 1 Broad Street c/o Candice Miller and Edward Bernard Nantucket, MA 02554 2 Windy Way #205 Nantucket, MA 02554 ?3 Broad Street LLC ;/o Brotherhood of Thieves Restaurant 15 Sparks Avenue Nantucket, MA 02554 ~ r ~ soy arastrr~actios~ 5hoet ~ ~ ~ AIf~P~®~~~o~ ® ~~~~=e1 Pa~~i~ `"^, ~tor Easy Peel Featured ~ ~ ~ Wendy M. Hudson, Trustee William J. Boardman II & Susan Boardman JJM Nominee Trust PO Box 1027 25 Broad Street Nantucket, MA 02554 Nantucket, MA 02554 Matthew S. and Mary S. Parker 9 Austin Farm Drive Nantucket, MA 02554 Diann and Charles W. Graeber 25 Bradford Walk Farmington, CT 06032 K. Keith and Elizabeth E. Roe S Wyckam Hill Lane Greenwich, CT 06831 Thomas J. Geraghty, Jr. and John Geraghty 45 Sierra Road Readville, MA 02136-2501 Theodore J. and Andrea C. Giletti 47 Center Street Nantucket, MA 02554 Fifty Four Centre St LLC PO Box 453 Siasconset, MA 02564 Priscilla E. Whalley, Trustee P E Whalley Revocable Trust 52 Center Street Nantucket, MA 02554 Henry R. Terry, Jr. and Anne Terry 9911 Lincoln Taylor, MI 48180 Paula K. Williams Trust 7 Gay Street Nantucket, MA 02554 Michael J. Hamill et al 53 N. Moore Street, Apt SD New York, NY 10013 I:~I~ue.~xea ~~€Iles ~ g~~9~r .La ~ ~~~ael:~z la ~fe€~Ille entuinn~ a4.r~aycora 90.t!4l--... \.~ ~.-i... !.a. A9PPAi6/~~ M'.A PP1fRS ~~+. K.ev pJ r. ..ly s. sam u. rea x..e.6 any .• _ ~__ .. _..-. ~c"35~4 ~~'E'~~ ~.21E5G1S Uso Avery r ~`t~Pl.tti"~ "s96tO~ 11 Gay Street LLG c/o Georgiana M. Pardo 309 South Mildred Street Charles Town, WV 25414 Carla De Creny Freed 15 Gay Street Nantucket, MA 02554 Neal & Eric & Mark Solomon 64 Brookville Hollow Road Stockton, NJ 08559 W. C. Mortenson, Jr., Trustee 10635 Fife Avenue Vero Beach, FL 32963 Charles L. and Ann G. Balas PO Box 387 Nantucket, MA 02554 First Congregational Church Box 866 Nantucket, MA 02554 First Congregational Church Box 866 Nantucket, MA 02554 Richard and Susanna Bond 44 Butler Hill Road Somers, NY 10589 " i ~ fee 6Yl5Trl~~!®!~ ~~leet ~ ~ ~ d ~ ~ 1°eed ~~'~y3v ~ °' >, a !(~t~~~~®~ e6bd e 1~ g.:. 'lf3Y f~a^a5~f ~'~eI ~L'2~f:41P@~ ~~ ~: Joan Altreuter Richard J. and Geraldine E. Fox 5 Academy Lane 39 Fairview Road Nantucket, MA 02554 Narbeth, PA 19072 `I T. Coruad and Marguerite Wetterau 174 Highland Street Weston, MA 02493 One Academy Lane LLC 13309 Manor Stone Drive Germantown, MD 20874 Geraldine Dietz Fox 39 Fairview Road Narbeth, PA 19072 Alice A. and Emeline Owen, Trustees 6038 Stoney Hill Road New Hope, PA 18938 Matthew S. Sanford 7426 SW 49a' Place Miami, FL 33143 Gilbert S. Nickerson c/o Gail N. Johnson PO Box 3270 Nantucket, MA 02584 Edward I. and Randall C. Wight PO Box 1311 Nantucket, MA 02554 Mary G. and John C. West 35 Lily Street Nantucket, MA 02554 Peter and Jill Melhado c/o Russell F. Warren, Jr. et al 11 Field Point Drive Greenwich, CT 06830 Robert S. and Cheryl J. King 13309 Manorstone Road Germantown, MD 20874 Suzanne V. Scharwenka 38 S. Boone Road St. Helena Island, SC 29920-3000 Dionis Marijke Roggeveen 6334 3`d Avenue Kenosha, WI 53143 Dirk Gardiner Roggeveen PO Box 1827 Nantucket, MA 02554 6~f~u~.~tes ~rael9~s ~ ~a~Uwr .~ ~®lt~t~z le ~tsi9le w~v avelye®m iltillcaa Icy raaararil~ P9{l~62l~' ~9G,~1~ ~~~5 ~G ~~1r~9'l'9e7rl~f~'t c!'ie7strue`cion 9-S00-G~-L1NEl~V ~G~ ~cJ Gt~~P/142~(.G~i ATTORNEY AT LAW 3 NOBSKA WAY NANTUCKET, MASSACHUSETTS 02554 Telephone (508) 228-7525 Fax (508) 228-7526 jfitzlaw@comcast. net IN HAND June 14, 2011 Ms. Catherine F. Stover, Town Clerk Town and County Building 16 Broad Street Nantucket, MA 02554 Mailing Address: P.O. Box 2567 Nantucket, MA 02584 RE: Notice of Appeal of a Decision of the Zoning Enforcement Officer and Application to the Board of Appeals Applicant/Appellant: Middle C, LLC Owner: Nantucket Island Resorts LLC Property: 56 Center Street, Nantucket Map 4243, Parcel 080 Dear Ms. Stover: Pursuant to the Nantucket Zoning By-law, Section 139-29, et sec, Zoning Board of Appeals, this letter shall constitute a Notice of Appeal on behalf of Middle C, LLC, of the Decision of the Zoning Enforcement Officer, dated June 10, 2011, a copy of which is attached hereto. The grounds for the Appeal are set forth on the Addendum attached hereto. Please certify the date and time of filing of this Appeal on the enclosed copy of this letter. Please certify the date and time of filing of the attached Board of Appeals Application on the enclosed copy of this letter. Ms. Catherine F. Stover, Town Clerk June 14, 2011 Page 2 Thank you for your assistance. Very truly yours, .--~ ulie A. Fitzger Enclosures Received and entered: Catherine F. Stover, Town Clerk cc: John Brescher, Administrator Nantucket Zoning Board of Appeals 2 Fairgrounds Road Nantucket, MA 02554 Marcus Silverstein, Nantucket Zoning Enforcement Officer Town Building Annex 37 Washington Street Nantucket, MA 02554 Melissa Philbrick, V.P. Middle C, LLC P.O. Box 359 Nantucket, MA 02554 ATTORNEY AT LAW 3 NOBSKA WAY NANTUCKET, MASSACHUSETTS 02554 Telephone (508) 228-7525 Fax (508) 228-7526 jfitzlaw@comcast. net IN HAND June 14, 2011 Ms. Catherine F. Stover, Town Clerk Town and County Building 16 Broad Street Nantucket, MA 02554 Mailing Address: P.O. Box 2567 Nantucket, MA 02584 RE: Notice of Appeal of a Decision of the Zoning Enforcement OfFcer and Application to the Board of Appeals Applicant/Appellant: Middle C, LLC Owner: Nantucket Island Resorts LLC Property: 56 Center Street, Nantucket Map 4243, Parcel 080 Dear Ms. Stover: Pursuant to the Nantucket Zoning By-law, Section 139-29, et sec, Zoning Board of Appeals, this letter shall constitute a Notice of Appeal on behalf of Middle C, LLC, of the Decision of the Zoning Enforcement Officer, dated June 10, 2011, a copy of which is attached to the Application and Notice of Appeal of Decision of Zoning Enforcement Officer. The grounds for the Appeal are set forth on the Addendum attached to the Application and Notice of Appeal of Decision of Zoning Enforcement Officer. Please certify the date and time of filing of this Notice of Appeal on the enclosed copy of this letter. Please certify the date and time of filing of the attached Board of Appeals Application on the enclosed copy of this letter. Ms. Catherine F. Stover, Town Clerk June 14, 2011 Page 2 Thank you for your assistance. Very truly yours, ulie A. Fitzger Enclosures Received and entered: Catherine F. Stover, Town Clerk cc: John Brescher, Administrator Nantucket Zoning Board of Appeals 2 Fairgrounds Road Nantucket, MA 02554 Marcus Silverstein, Nantucket Zoning Enforcement Officer Town Building Annex 37 Washington Street Nantucket, MA 02554 Melissa Philbrick, V.P. Middle C, LLC P.O. Box 359 Nantucket, MA 02554 ATTORNEY AT LAW 3 NOBSKA WAY NANTUCKET, MASSACHUSETTS 02554 Telephone (508) 228-7525 Fax (508) 228-7526 jfitzlaw@comcast. net IN HAND June 14, 2011 John Brescher, Administrator Board of Appeals 2 Fairgrounds Road Nantucket, MA 02554 RE: Applicant: Middle C, LLC Owner: Nantucket Island Resorts LLC Property: 56 Center Street, Nantucket Map 4243, Parcel 080 Dear John: Mailing Address: P.O. Box 2567 Nantucket, MA 02584 Pursuant to Nantucket Zoning By-Law Section 139-30. K, the Applicant requests a hearing by the Board of Appeals eals caseoFi etNo! 022-11ethe Boardtden da eleef Application. In a prior Board of App , on an Application on the same property by the same applicant. See Addendum attached hereto with supporting materials. Section 139-30. K requires: "the favorable vote of at least four members, specific and material changes in the conditions upon which the previous unfavorable action was based and describes such changes in the record of its proceedings". The Applicant has requested a hearing by the Planning Board in accordance with Section 139-30. K. The request for a rehearing pursuantdt nt sewhen the questiontof such colnsentlwerebse of the time and place of the procee g considered". John Brescher, Administrator Board of Appeals June 14, 2011 Page 2 We are requesting that the hearing consideration be placed on the agenda for July 14, 2011, just prior to a hearing on the merits of the new Application if the rehearing request is approved. Very truly yours, ~4 ulie A. Fitzger Id Enclosures cc: Catherine F. Stover, Town Clerk Middle C, LLC Leslie Snell, Senior Planner, Nantucket Planning Board ADDENDUM IN SUPPORT OF SECTION 139-30. K HEARING Nantucket Zoning By-law Section 139-30.K states: "Special permit rehearing limit. No special permit which has been unfavorably and finally acted upon by the Board of Appeals shall be acted favorably upon within eats findsa by the date of final unfavorable action unless the Board of App favorable vote of at least four members, specific and material changes in the conditions upon which the previous unfavorable action was based and describes such changes in the record o rd consent theretonandnafter nlot ce sngi ~ent to members of the Planning Boa parties in interest of the time and place of the proceedings when the questions of such consent shall be considered." The Applicant requests that the Board make a finding in accordance with one or more of the following: 1. The Special permit rehearing limit does not apply to an application to the special permit granting authority pursuant to M.G.L. c. 40A, § 3. 2. The current Application is significantly different than the prior Application in File No. 022-11 as follows: The gross floor area of the proposed educational facility has been reduced from 12,880 square feet to 10,876 square feet The ground cover of the proposed educational facility has been reduced by 7% • No portion of the alterations of the structure will exceed the Height Limitation of 30' and a portion of the premises which exceed the Height Limitation will be more conforming The original Building Certified Occupancy has been reduced from 242 to 142 and the Typical Occupancy has been reduced to no more than 52 per the Chart attached to the Application A rehearsal hall for 11 persons has been eliminated • A recital with occupancy of 70 persons has been eliminated A parking space has been added The programming activities and occupancy for various uses have been reduced per the Chart DOCUMENTS IN SUPPORT OF SECTION 139-30. K HEARING 1. bpc -Existing Site Plan dated May 18, 2011 2. bpc -Proposed Site Plan dated May 18, 2011 3. Bracken Engineering Site Plan revised 04/12/11 as filed with the prior ZBA Application 4. Bracken Engineering Site Plan revised 06/13/11 as filed with the prior ZBA Application 5. Occupancy Chart 6. Abutter's List dated June 3, 2011 7. Two (2) sets of mailing labels 8. Board of Appeals Application filed March 14, 2011 -File No. 022-11 9. Board of Appeals Application filed June 14, 2011 MI DDLE C LLC - 56 CENTER STREET EXISTING SITE PLAN: 3/32" = 1'-0" 2BR0AD~ .~~ MIDDLE C LLC EXISTING ~ v soe :ze znz I ~ cEKrErt ~T F soe z~+ u9a weiruExEr, eu ozss~ ARCHITECTURE ~' ~'+'~ P~c~' ~ Qg EBEN ALLEN EBEN ALLEN SWAN WING ROOM HOUSE HOTEL `. //EG~ -SITE PLAN: 3/32" = 1'-0" /~(~L7 ROPOSED SITE CONDITIONS I COVERSHEET ~ C1Y~,2~ __ ~~~~~ ` \ QJ EBENALLEN EBENALLEN SWAIN W/NG ROOM HOUSE HOTEL N N :H K ~' pp H N ~ ~ 1 ~ ~ h ~ ~ ~ ~ 1 ~ ~ ,. ~ n aka ~ ~ ~ 1ER 5 ~ ~ < ./ y ~ .. $ ~ ~ R LAC m ~ ~~ h * m~ ~~ ~ ~a °w Fi sow W~ p ~ ~yi N o o W r o~ ~ m ~ df $ ~wJ,W` m LL W~ ~yX, a T O N ~ --II< O g FJ R~ h ~ ~~ 4~~d W a~3 WU ~ f~ ~ 101:'' 11;;'' a ,~ QQ F ~ m ~ /~\ yg~~ V gg U ~ ~ ~BR ` ~ sr3[snMr[ v $~oin~N z ~ pz~$ ~ o~o J~ o V Za_ 6 ~~~o ~ L° vim a7d" a ~ v+~~i: 11JJ {{(~~~ YFN 1~Igy~ o ° ~ dZZ ~~Oco ~Z ~ ~ foa zm'~ ~~6<ISl S" o~~ ~ ~~~~o »~~z ~ ~ Z W ~s~R~ _ ^ o O ~ CENTEi4 STREET ® ~ m ~ ~_ Ana ~p7~ m ~ N '" Cs7 ~~d ,~~ a OiV ~ U r J ~~ *~ ~ ~ c ~~ i ~ x ~ 11111,y'' ro9.ss' ~.. a -- ti ~ ao a<~ 31 w• E ` ~ 1 4 h 3 ~~ M1 S ~60.0.9~ ~ ~ ~ / 5 - d ~' ~ ~ ~ ~ -a' ~~ ~ .~ ~~ /-~ - ? / ~ W is l ~~N ~ ~ ~~ ~ O ~,^ 10.6't ~ (~~ ~~ Wo HEN ! ~ V ") ~ W ~i ~ ~ ~i~ ~ ~1 O ~ ~ ~ w ~ `\~~ ~ ~ ~ - ------a-_ R _^ __ gV ~ gg ~~~ Q m ~ a or ~ n a ~ ~' a ~ ~ r ~a ~ o3sodotid, , ' ~ ~ ~ , ,f 6f~A p o i~g ~ ~ as x O F ~ h o .ao '• ~ ~ ~~ ~~~ ~ f~~ +~ ~ ~ ~ ~ ~, ., , . of ... \ ~~__--~ N P RET. 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C: ~ ~ ',~ ~ n ',~''i O ?~ O ~ ~ n ~ ~ ~ ~ n ~ O ~ ~ N ~, ~ ~ ,.~ .~ o ~ `° ~ o fl d ~ ~ ~~ Odd , ~ R° r. ~ ~ ~ ~ ~ ~ oo ~ ~ ~. o ao o ~ ~ ~ o n a. ~ ~ N w N w 0 N w W D\ ~-' a\ N N ~-` ~ O O ~ ~ w ~a ~ ~ 0 ° ~ ~ ° ~ ~ o ~ ~ ~ 0 ~ ~ ~ a o N ~~ ~° ~ o ~ ~ ~ w ~ ~ x o Cn N ~--~ N O _ N G1 N _ G1 _ Cn 0 O -P '~ ~+ O 0 0 ~ O ~ C O ~ ~ 0 ~ O n ~ n'~ n ~ ~ ~ ~ ~ ~ ~ ~. ~ ~ ~ ~ c~ a o~ ~ .o ~cs ~ ~ ~ n o ..~ co d ~ ~ ,.r W N O N O ~ O .r.~ ~-' ~...~ ' N O O O _~ O ~. ~ ~ ~ ''~ ~ ~ 0 n y n ~ ~ ' ~ ~ n ~ ~ ~ O ~ p w ~ ~, , o ~ ~ N ~. N O o o N ~ ~, CD a o !y O y~ CD .,~ ~~ n ~ y ~. ~ ~, ~ C ~ ~. ,~ ~ ~ A ~p A.. 9 O ~, 0 "O ,..{ UQ ~ ~ ~ pOi -. ~ 0 ~ ~ ~ ~• • ~ C D C ~ ~; O O ~ ~ (D ~, ~ ,~ ~ . ' -'' ~ ~ O n ~ ~' ~ •~ ~ R° n O ~ O ~ O O O .~ ~ .NP N O N O N O ~-' ~-' O O O N -P O ~C O w y "o o b `17 ~ o n ~ C~ ~ 7d ~.. C'1 ~ ~ v~ .-y ~ n, ,.~~ O A~ p n O~ W ~ O n ~ O N~ O ~ ~ ~`. COD ~ ~• 'O'' CD ~ CAD ° O y0' ~ ~ 0 ~ ~ ~ QQ ~ V] ~ c~ o ~ w ~~ o ~ ~ ~ c~ ~ a ~ o ~ ,, cu • ~' CD ~ ~' c~ ~ ~ c~ ~, 0 ~ N O X 0 0 G1 tll ^~ O (!i O O N `r N O /o~ 1 CD CD e-r O ~~~p]]] ks' S ~ ~ ~ a ~., ~ 0 0 ~ ~, ~1 w .p w P.• ~ ~ N O O O O~ C ~ ~ ~ O ~ \° 0 ~+ n ~" C d ~ ~ rn w ~ 0 0 0 ~ O ~_ O N oo ~ O 00 00 00 ~ y ~ O ~S ~ ~ ~ CD ~ ~ %s~ v° Town of Nantucket Zoning Board of Appeals RECEIVED BOARD OF ASSESSORS JUN p~ 2011 TOWN OF NANTUCKET, MA LIST OF PARTIES IN INTEREST IN THE MATTER QF THE PETITION OF: :.L S'~~ ~ ~?tSUr f`S L- L C.. . ..... ..... PROPERTY OWNER.....~11. ~ 4; .. .................... _ N~ ~n5(GzK~ ~~~~ MAILING ADDRESS .. ~!?; (:. Gc.~~~ C~-s:.. ~~; ./111~~.``'•n . ~~ ... ~~. 02 y 5 g PROPERTY LOCATION.....~..C~ .. . ~!~ ~? : ........................................ . . .................... ASSESSOR MAp/pARCEL... ~0~~3• ~...~U ............... SUBMITTED BY...... ~/.G~~e .................. SEE ATTACHED PAGES I certify 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 300 feet of the property line of owner's property, all as they appear on the most recent applicable . tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 40A, Section 139-29B (2)• ~%. ~~ D E ~ 5SESSOR'S OFF CE TOWN OF NANTUCKET 0 a° a u a a N H N N 0 W m a a .a .~ C7 H H ua P4 U W W Z 0 @N S U z m s S ~+ .~ a b a° ~~ ~~ H H H H E N H N N IH9 1H/1 H H H H H H N N N N H N N H H N E H H H H N E E N N E N N 'Z 'L H H H E WN a a a W ar gN7 WN WN NW ~. 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W U U N N 'f W ~7 }~ {~~~Qy UN p7 ~ ~ ~ ~ti ~ ya. wy N OG H N QaEN~ W i~ N pi 7. EN ~ ~ H''~"yj ~ as U /~q75 ~ ~yE. d . ~{y{ 7. ' F fG H b y N~ n N w y~ w U~ R~ sE ~0 ~7 W ~ F1 p a7 N U ~J ~ .Y~ H v P'i N UU a° !q~ ec b w b FFFH OyH f/MN%1 ~~Mlll ~i M 67 N H w~ a ~ m a a w o~ H~ a~ w~ ~i a H H~ w a a H ~, b~ q • ~ aag pal ~o~, ~ aM~ ~ m ~ ~ a~ MpN, a ~ H p o N ~ ~ ~ NE~ a ~ y~7 ~~y py' ~i ~ N ' S z ~y IU H L] M H p W ~ ~ ~ ~ ~y~ ~,6ay] ~y ~y ~ H W ~pN7 U F. tl 3 i~ N' a' ~ Q z W „ {G ° ~ OG ~ M W N.C ~ ~ N ~ M U U U FVj ~ W W ~ ~ R ~ 15 P N ~~ ~ ~o ~~ ~~ .~ ~ ~~~~~~~ ~~~ tl~~ ~~~ac~a~c~a~~~aa°i~aw°m~o~~~~"~~~v~i~°a°a a 0 rl N ~ N M O) O1 O H N N O M Q Itl M V ul r N Ol O N N M V N b n 01 M i' If! b r ri N M V b r O O O O N N ei rl a N CD N rn rn rn N N N M M M M M M M M M n r r r n N N W N N W .-i .ti .a ei N .i .i .a N N N N N N M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M (1 e! ~T V V V a a d V d~ d~ V e! V~ ' d V V a a V Q V V V V a a O V d d Q V a a O V Fpi~ N N N N N N N N N N N N N N N N N N N N N N N~ ~~~ ~~ ~ N~ N N N N N N a v v a v v a a a v a v a a a v v v a v e a - a t a ~~ ~~J ATTORNEY AT LAW 3 NOBSKA WAY NANTUCKET, MASSACHUSETTS 02554 Telephone (508) 228-7525 Fax (508) 228-7526 jfitzlaw@comcast. net IN HAND June 14, 2011 Leslie Snell, Senior Planner Nantucket Planning Board 2 Fairgrounds Road Nantucket, MA 02554 RE: Applicant: Middle C, LLC Owner: Nantucket Island Resorts LLC Property: 56 Center Street, Nantucket Map 4243, Parcel 080 Dear Leslie: Mailing Address: P.O. Box 2567 Nantucket, MA 02584 Pursuant to Nantucket Zoning By-Law Section 139-30. K, the Applicant requests a hearing by the Planning Board to consent to authorize a hearing by the Board of Appeals on the attached Application. In a prior Board of Appeals case, File No. 022-11, the Board denied relief on an Application on the same property by the same applicant. See Addendum attached hereto with supporting materials. The Applicant has requested a hearing by the Board of Appeals in accordance with Section 139-30. K. The request for a rehearing pursuant to the By-law requires notice "to parties in interest of the time and place of the proceedings when the question of such consent will be considered". Leslie Snell, Senior Planner Nantucket Planning Board June 14, 2011 Page 2 We are requesting that the hearing consideration be placed on the agenda for July 11, 2011. If you have any questions or need any additional documentation please let me know. A check in the amount of $709.82 is enclosed. Very truly yours, Julie A. Fitzgera d l~ Enclosures cc: Catherine F. Stover, Town Clerk Middle C, LLC John Brescher, Administrator, Board of Appeals ~'~r ~9~ TOWN OF NANTUCKET - ~` BOARD OF APPEALS _ NANTUCKET, MASSACHUSETTS 02554 `° ~:}: Date: Auciust 19, 2011 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 041-11 Owner/Applicant: MIDDLE C, LLC AS APPLICANT 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. ~. ~~~ S ~d~~ ~ s~ Edward S. Toole, Chairman 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, MA 02554 Assessors Map 4243 Parcel 080 ROH 56 Centre Street Lot 1, Plan Book 16, Page 78 Book 902, Page 132 1. At a Public Hearing of the Zoning Board of Appeals held at 1:00 P.M. on Thursday, July 14, 2011, in the Meeting Room at 4 Fairgrounds Road, Nantucket, Massachusetts on the Application of Middle C, LLC, P.O. Box 359, Nantucket, MA 02554 Applicant, Nantucket Island Resorts, LLC, Owner, Board of Appeals File No. 041-11, the Board made the following decision: 2. Applicant is requesting a waiver of the Special Permit rehearing limit set forth in By-Law §139-30 K to authorize the Zoning Board of Appeals to hear a new Application docketed as File No. 41-11. In a prior Board of Appeals Application, File No. 022-11, the Board constructively denied relief by a vote of 3- 1 in favor on April 29, 2011 after a Public Hearing was held and closed on April 14, 2011. The new Application is for the same property by the same Applicant for an educational facility. The property is located at 56 Centre Street, is shown on Nantucket Tax Assessor's Map 42.4.3, Parcel 80, and is shown as Lot 1 on Plan Book 16, Page 78. The property is zoned Residential Old Historic. 3. Nantucket Zoning bylaw §139-30k requires that the Board of Appeals find: "by the favorable vote of at least 4 members, specific and material changes in the conditions upon which the previous unfavorable action was based and describes such changes in the record of its proceedings" and further the Bylaw provides: "unless all but one of the members of the Planning Board consent thereto and after notice is given to parties in interest of the time and place of the proceedings when the question of such consent will be considered." 4. Our decision is based upon the Request filed June 14, 2011 and accompanying materials, and representations and testimony received at the public hearing. The Planning Board held a Public Hearing on July 11, 2011 and consented to the rehearing by a unanimous vote of five members in favor. There were letters from abutters or abutters present at the hearing in favor of or against the Application and other people who were present in favor of or against the Application. Due to the limited scope of the hearing, testimony from the general public was limited in time and to the issue of "specific and material change". 5. The Applicant, through counsel and by Melissa Philbrick, Manager of Middle C, LLC, detailed the specific and material changes in the revised Application for an educational facility from the prior Application No. 022-11, as follows. • The gross floor area of the proposed educational facility has been reduced from 12,880 square feet to 10,876 square feet • The ground cover of the proposed educational facility has been reduced by 7% • No portion of the revised proposed alterations of the structure will exceed the Height Limitation of 30' and a portion of the premises which exceeds the Height Limitation will be more conforming • The original Building Certified Occupancy has been reduced from 242 to 142 and the Typical Occupancy has been reduced to no more than 52 per the Chart attached to the revised Application • A rehearsal hall for 11 persons has been eliminated • A recital hall with occupancy of 70 persons has been eliminated • The programming activities and occupancy for various uses have been reduced per the Chart 6. Therefore, based upon the foregoing, the Board finds that the above are specific and material changes in the conditions upon which the previous unfavorable action was based in File No. 022-11. 7. Accordingly, by a vote of four (4) in favor and one (1) opposed (Koseatac opposed), the Board FINDS that the Application as filed in File No. 041-11 is not subject to the Special Permit rehearing limit as set forth in Nantucket Zoning by- law §139-30. K. SIGNATURE PAGE TO FOLLOW Dated: ;` ~ ~~~ ~ ~ , 2011 _ __ ~ .._.____ Dale V'9aine COMMONWEALTH OF MASSACHUSETTS Nantucket, ss On this ~~ day of ~~~w~ 2011, bef'QQre me, the undersigned notary public, personally appeared ~~~~ ~~. ~~~Nl~ proved to me through satisfactory evidence of identification, which were ,/ or personally known to me to be the person whose name signed on the preceding or attached document, and acknowledged to me that /she signed it voluntarily for its stated purpose. ,°'~~~_ Not ~ ublic ~~ ~~ n~~ My Commission Expires ~(~~~~a~4 , t rt ~ ~ , ~ Ye , i ~~' t•_ i r, C ~ ~p ' h 'a~Ii~ TOWN OF NANTUCKET BOARD OF APPEALS ~- f -,~ NANTUCKET, MASSACHUSETTS 02554 N ;- 7 Date: September 12, 2011 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 041-11 Owner/Applicant: MIDDLE C, LLC AS APPLICANT NANTUCKET ISLAND RESORTS, LLC C/O NEW ENGLAND DEVELOPMENT AS OWNER 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. S. (a~ ~ Edward S. Toole, Chairman 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 56 Centre Street Assessor's Map 42.4.3, Parce180 Residential Old Historic Plan Book 16, Page 78, Lot 1 Book 902, Page 132 T1F(~TfiT(1N• At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, July 14, 2011, Thursday, August 11, 2011 and Thursday, August 18, 2011, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following Decision on the Application (041-11) of NANTUCKET ISLAND RESORTS, LLC, C/O NEW ENGLAND DEVELOPMENT AS OWNER, MIDDLE C, LLC AS APPLICANT, c/o P.O. Box 359, Nantucket, MA 02554, in connection with the property known as 56 Centre Street, Nantucket, Massachusetts. The Locus is situated at 56 Centre Street, is shown on Nantucket Tax Assessor's Map 42.4.3 as Parcel 80, is shown as Lot 1 in Plan Book 16, Page 78, and title is recorded at the Nantucket County Registry of Deeds in Book 902, Page 132. The property is zoned Residential Old Historic. REHEARING REQUEST: 1.1. Applicant, Middle C, LLC filed a request for a Public Hearing pursuant to Nantucket Zoning By-law § 139-30 K for a waiver of the Special Permit rehearing limit. The Applicant had filed a prior Application with the Board of Appeals on March 14, 2011 regarding an educational facility at 56 Centre Street, File No. 022-11. A Public Hearing was held on April 14, 2011. A vote on April 29, 2011, of three members in favor of the Application and one opposed (where a positive vote of four members is necessary to grant relief) effectively denied the Application. 1.2. Nantucket Zoning bylaw § 139-30k requires that the Board of Appeals find, by the favorable vote of at least 4 members, specific and material changes in the conditions upon which the previous unfavorable action was based. All but one of the members of the Planning Board must also consent thereto after notice is given to parties in interest of the time and place of the proceedings when the question of such consent will be considered. The Planning Board at a hearing held on July 11, 2011 and voted 5-0 to consent to the repetitive petition and waive the special permit rehearing limit, a copy of the Decision is attached. 1.3. Our Decision is based upon the Application and accompanying materials, letters submitted and representations and testimony received at our public hearing on July 14, 2011. 1.4. In support of the rehearing request the Applicant presented a comparison of the prior plans to the revised plans to outline the specific and material changes as follows: • Site plan shows a significant reduction in ground cover from the prior plan to the revised plan by removal of the 70 person recital hall addition. • Elevation plans show a substantial reduction in the expansion of the exterior of the structure (bulk) from the prior plans: the front facade now does not change at all; the increase in height and width of the rear ell and the extension of the second story roof line, all visible from the garden and Academy Lane sides of the building have been eliminated, and there is a small increase in ground cover for internalizing a fire stair, basement storage and aone-story shed roof addition. • Floor Plans show that the elimination of the recital hall, and the changes in ground cover and in the second and third floor roof lines in the revised plans reduces the available interior space thereby reducing the gross floor area, reducing certified occupancy from 242 to 142, and reducing the actual proposed occupancy to 105, with even lower typical occupancies. 1.5. Accordingly, the Board of Appeals, by a vote four (4) (Dale Waine, Michael J. O'Mara, Lisa Botticelli, and Susan McCarthy) in favor and one (1) opposed (Kerim Koseatac), the Board finds that the Applicant has made specific and material changes in the proposed project and WAIVES the rehearing limit pursuant to Nantucket Zoning bylaw §139-30 K and allows the Application (049-11) to go forward. APPLICATION: 2.1. Applicant, Middle C, LLC, has filed a Special Permit Application and appeal from a Decision of the Zoning Enforcement Officer, Marcus Silverstein dated June 10, 2011. Applicant proposes to lease the premises to two (2) nonprofit educational corporations as an educational facility and requests that the Board make a determination pursuant to M.G.L. Chapter 40A, § 3 as to what parking or loading requirements are applicable to the proposed educational facility and to find that the alteration of the height to be less nonconforming is permitted pursuant to M.G.L. Chapter 40A, § 3. In the alternative, Applicant requests: • Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139-18.B.(2) (parking relief) for a waiver of the parking requirements pursuant to Section 139- 18.E. (parking for those uses not in the parking table); • Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139-20.C. (off- street loading facilities) in order to waive the required off-street loading facilities. • Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139-33.A. (4) (alteration of preexisting nonconforming structure) to alter the structure by reducing the height of a portion of the roofline which is preexisting and nonconforming as to height. The Applicant proposes to change the use of the existing structure from a Lodging House which currently has no parking on-site to an educational facility as provided in M.G.L. Chapter 40A, § 3. The applicant proposes to provide two (2) to three (3) on-site parking spaces. 2.2. Our Decision is based upon the Application and accompanying materials, letters submitted and representations and testimony received at our public hearings on July 14, 2011, August 11, 2011 and August 18, 2011. The Planning Board made a favorable recommendation which is part of the record. 2.3. Applicant through representatives explained the educational uses proposed for the renovated and expanded structure including: office space, reception areas, conference rooms, storage/mechanical space, apartment, kitchen, bathrooms, children's/parenting class space, classrooms, practice rooms, recording studio, and parlor for small scale recitals or group rehearsals. The proposed uses are for an educational facility and uses ancillary thereto. The proposed organizations that would initially use the space are the Nantucket Community School and Nantucket Community Music Center. With the proposed changes, the structure will still conform to the ground cover and set back requirements in the ROH zone. Portions of the existing structure are preexisting non- conforming as to height being over 30 feet. Applicant proposes to remove a gable, which will make it more conforming. 2.4. The Board finds that the strict application of Height Limitations of the Nantucket Zoning By-Law, Section 139-17, on a use of the premises as an educational facility would be unreasonable as applied to this project and the proposed removal of a gable will make a portion of the premises more conforming. 2.5. Pursuant to the provisions of M.G.L. c 40A, § 3, the so-called "Dover Amendment", the Board finds that the proposed uses in the building are for educational purposes or are incidental thereto and are permitted as of right, by owners or tenants of the building that are nonprofit educational organizations. 2.6. There are no off-street parking requirements for an educational facility set forth in the Zoning By-law. Section 139-18 E provides: "For other permitted uses or uses by exception which are not covered in §139-18D above, comparably adequate parking shall be required as shall be reasonably determined by the Zoning Enforcement Officer, or the special permit granting authority having jurisdiction." To the extent the Board reasonably determines the parking to be required for the proposed use, the Applicant has requested relief from said parking requirements. The Applicant proposes to provide two (2) on site parking spaces, one (1) being handicap accessible. The spaces will be on the Academy Lane side of the property. No parking has been historically provided on the site for the existing use as a 12 unit Lodging House. The Board may waive the parking requirements on the basis that they would be unreasonable to be applied to an educational facility in a downtown location pursuant to the provisions of M.G.L. c 40A, § 3, the so-called "Dover Amendment" and/or the Board may waive the parking requirements by Special Permit. Nantucket Zoning By Law, Section 139B(2) provides that parking can be waived upon making the following findings: (a) that the granting of such special permit is in harmony with the general purposes and intent of this chapter; (b) that compliance with the parking requirement of this §139-18 would be physically impossible for the applicant to provide, if physically practical, have a significant and adverse effect on the scenic or historic integrity of the neighborhood, and (c) that the granting of relief would not be contrary to sound traffic and safety considerations . 2.7. To the extent that off-street loading facilities would be required under Section 139- 20A, the Board may waive the off-street loading facilities requirements on the basis that they would be unreasonable to be applied to an educational facility in a downtown location pursuant to the provisions of M.G.L. c 40A, § 3, the so-called "Dover Amendment", and/or the Board may waive the off-street loading facilities requirements by Special Permit. Nantucket Zoning By-Law Section 139-20C provides that off-street loading facilities can be waived upon making the following findings: (a) that the granting of such relief is in harmony with the general purpose and intent of the chapter; (b) that the provision of off-street loading facilities as required by this chapter is physically impossible for the applicant to provide, or, if physically possible, would have a significant adverse effect upon the scenic or historic integrity of the neighborhood; and (c) that the granting of relief would not be contrary to sound traffic, parking or safety considerations. 2.8. The Board considered the automobile and pedestrian traffic that would be generated by the use of the property as an educational facility and its impact on the neighborhood. The Board noted that a nearby church generates automobile and pedestrian traffic at peaks times of use including theatre performances in separate interior assembly space. Considerable testimony was given by neighbors about congestion on Centre Street, a shortage of parking spaces on the public streets, and the narrowness of Academy Lane. The Applicant had reviewed various alternatives for additional parking and traffic circulation patterns on the property with the Nantucket Traffic Safety Work Group and the Nantucket Historical Commission, and had an expert evaluate whether such alternatives were workable. Only the perpendicular parking spaces off Academy Lane were found to be a feasible configuration, and the two space layout was recommended since it eliminated the need for athree-point turn when exiting the property. The Board finds that no additional functional parking or loading area could be provided on-site. The Applicant's traffic consultant also reviewed prior parking and circulation studies, and conducted parking availability surveys and an intersection performance evaluation during the peak summer conditions. The intersection was found to have the highest level of service with minimal queuing and ample capacity. It is generally known that parking throughout the downtown is scarce during peak periods in the summer. However, at no time was there found to be no parking space availability on the nearby public streets. Neighbors cited numerous issues of illegal parking and loading activity in the summertime, for which enforcement efforts were needed. Even though no delivery trucks would be required for the proposed educational use, a letter from one of the major delivery companies committing to ban its drivers from impeding traffic or pedestrian flow by parking on the Centre Street sidewalk when making deliveries to the adjacent restaurant was submitted to the Board by the Applicant. The Applicant also provided a list of the more than three dozen parking waivers that have been granted to commercial uses in the downtown by both the Planning Board and this Board, based on a recognition that people who park in the downtown often walk between various destinations, and that during the summer when parking is at its scarcest, the downtown is well-served by the public transit system. Typical occupancy levels and programming details were presented at the hearing. The Applicant proposed several limitations on the use of the building during the summer and various initiatives to manage traffic and parking. The limitations and initiatives are incorporated into the conditions attached in Exhibit B. Substantial testimony was given as to the value of the proposed educational uses to the community at large and to the downtown in particular. In light of the significant municipal benefits of the proposed educational uses, which were acknowledged by all, the lack of functional alternatives for parking or loading on the property, the availability of parking in the area especially during non-peak times when much of the activity at this facility will occur, and the established history of parking waivers for commercial and cultural uses in downtown Nantucket, the Board finds that municipal concerns about parking and safety are satisfied by the parking to be provided on site and the conditions attached in Exhibit B, which will also mitigate potential adverse impacts on the neighborhood. 2.9. Therefore, the Board makes the following findings based upon the conditions on which relief is granted as set forth in Exhibit B, and the proposed educational uses: (a) pursuant to M.G.L. c 40A, § 3, the so-called "Dover Amendment", the Board finds that the alteration of the height of a portion of the structure making it less nonconforming is permitted. (b) The Board finds that parking requirements, except for the two (2) shown on the plan, would be unreasonable to be applied to this proposed educational facility in this downtown location pursuant to the provisions of M.G.L. c 40A, § 3, the so-called "Dover Amendment". In addition, upon the same analysis of the facts and findings the Board waives the parking requirements by Special Permit, pursuant to Nantucket Zoning By Law, Section 139B (2) and finds: (i) that the granting of such special permit is in harmony with the general purposes and intent of this chapter; (ii) that compliance with the parking requirement of this §139-18 is be physically impossible for the applicant to provide, except for the two (2) shown on the plan , (iii) and that granting of relief is not contrary to sound traffic and safety considerations. (c) To the extent that off-street loading facilities would be required under Section 139-20A, the Board waives the off-street loading facilities requirements on the basis that they would be unreasonable to be applied to this educational facility in this down town location pursuant to the provisions of M.G.L. c 40A, § 3, the so-called "Dover Amendment" In addition, upon the same analysis of the facts and findings the Board waives the off-street loading facilities requirements by Special Permit, pursuant to Section 139-20C and finds: (i) that the granting of such relief is in harmony with the general purpose and intent of the chapter; and (ii) that the provision of off-street loading facilities as required by the chapter is physically impossible for the applicant to provide, or, if physically possible, would have a significant adverse effect upon the scenic or historic integrity of the neighborhood; and (iii) that the granting of relief would not be contrary to sound traffic, parking or safety considerations. (d) The Board waives the formal site plan review provisions of Section 139-23, to the extent applicable, given the nature of the project, the pre-existing structure and its location. 2.10. Accordingly, the Board of Appeals, by a vote of four (4) (Dale Waine, Michael J. O'Mara, Lisa Botticelli, and Susan McCarthy) in favor and one (1) (Kerim Koseatac) opposed, GRANTS, the relief requested pursuant to the provisions of M.G.L. c 40A, § 3, the so-called "Dover Amendment" and by SPECIAL PERMIT, all as set forth in Paragraph 9 to allow the reconstruction/alteration of the building for an educational facility, substantially as shown on the site plan prepared by Bracken Engineering, dated 03/01/11, revised 07/12/11, a reduced copy of which is attached hereto as Exhibit A, subiect to the conditions attached hereto as Exhibit B. APPEAL OF THE DECISION OF THE ZONING ENFORCEMENT OFFICER 3.1. The Board, based on the above vote approving the Application, finds that Decision of the Zoning Enforcement Officer has been superseded by the relief granted in Section 2.9 hereof. The Applicant therefore proposed to withdraw the appeal of the Decision of the Zoning Enforcement Officer, Marcus Silverstein, dated June 10, 2011. 3.2. Accordingly, the Board of Appeals, by a vote of four (4) (Dale Waine, Michael J. O'Mara, Lisa Botticelli, and Susan McCarthy) in favor and one (1) (Kerim Koseatac) opposed, ALLOWED the withdrawal of the appeal of the Decision of the Zoning Enforcement Officer with prejudice as such decision has been superseded by the decision in Section 2 above. SIGNATURE PAGE TO FOLLOW Dated: 1~~~ ~~ , 2011 COMMONWEALTH OF MASSACHUSETTS I Nantucket, ss. ~;~~ ~?-, 2011 I~ On this ~ day f , ?011, before me, the undersigned Notary Public, personally appeared ~ ,who is personally known to me, and who is the person whose a is signed on the preceding or attached document, and who acknowledged to me thatni she signed it voluntarily for its stated purpose. ~,aa?z,,yr p.RY t- ' . ~ Nota _ ic: ',"~ ';=~ My commission expires: Mr~~/~~~ fY... ~ l ~¢` ,M': ~= . ,W t ~ ~:~.• ~~a a ~~ ~~~ . ~~~~~~ ~~" ,~ ~ ~ ~ a O Z O O °° d ,z V Z ti 3 -~' ~ e ~ ~ ~ ~ U ro ~ a ~n ~ ~ v` ? - __ __ _ N ~ N ~ e O __--cam.. _.-_ `R'b~~' ~ 4' ~ U r NO R, ~r -` ~ A' ~o a y ._ _ __ __ _ ~ n. w m ~J ~ ~ Z Q U ___- Z _ ___- 20._~--I; ~ ~ - ~C° x z2 ' ~ ~ ~, ~,a W N .~ In O - ;> ag b _ ~ ._ A6DI7l~N ' n- ~ + -. _ ar ~ 4a ~' „ - - _ SED PR9PD ~ __ -r;, -_ _~ _ - '" "PROPOS`ED-FENCE _ FRDPO ----'-31._-- - _ - - - ~ ~ SED WAL-~I~FE~JCE,\\ ~~ ~ <~ ~~ F z ~ ~ w~ - . ~_ _~ W ~. ~' ~ Z o° O W F S S°z ~a,3a~ i a^&~7y ~o$e~~g! ~ $~ d ~ ~~ ~os"= ° s - a ,~ .: . E~~I~ g a 3:~ ~_ ~a~ » , \ \ ~~; Z h e ~ o~'" ~J ^ ~ STREET o CENTER _ w. ® „ ~ ~ _ ;' =5 ~ < m3~., _ _ _ _ -__ -_ __ - m w - ° soEw.. ~ _ __~ _ __ _ ~. ". "' W~ ~ ¢? a a ~' ~p ~ ~~ 3 ~o~. 41 ~; U _ N. ~` ~. ~y~ g g ~ 1m a, g ~ ~ W ~~~ ~ ~ a' p \ i -''''~ ----"j~~- ~.a ~~ ~ a e ~ ~ rj 4 $ ~ ~ ~J @ , ,, a z c ~ _' _ ` - - ~=---U ~~ $Ee , ~ - "~ ~ ~ ~ ~ _ T N. __ _pROP~N AOa 5 ' ~~A _ _ _ _ INN. ~._ ~ .- / ~ ~ ~ 2 ~_ ~ .. S--_ -'PPCP09EH-~ _ SCE [{ ppppO5E0 WAS'MM_ _ s! `_-- _ - -____ __ ~ ______ ______--__ ] 9~ _ yA~ EXHIBIT B CONDITIONS 1. The project shall be constructed substantially in accordance with the plans approved by the Nantucket Historic District Commission in Certificate of Appropriateness No. 56724, as maybe amended. 2. Upon commencement of construction pursuant to a Building Permit issued for the plans approved by the Nantucket Historic District Commission in Certificate of Appropriateness No. 56724, as may be amended, the building will no longer be used commercially as a Lodging House. 3. The property shall not be leased to more than two (2) tenants, each of which shall be a nonprofit educational corporation. 4. Any change in the tenants from the proposed use by the Nantucket Community Music or the Nantucket Community School will require Special Permit relief from the Zoning Board of Appeals. 5. There shall be a designated building manager on the property during its hours of usage. 6. A copy of these conditions will be posted prominently on the property. 7. From June 15 to September 15 of each year occupancy of the building shall not exceed 52. At other times of the year occupancy of the building shall not exceed 105. 8. No programs (classes, rehearsals or performances) shall commence before 9:00 am (1 pm on Sundays) or end after 9:00 pm. 9. The Building shall be fully air-conditioned via a geothermal system, and windows shall be closed at all times, except for maintenance, construction or repair. 10. No amplification of music and no regular programming or tents outdoors shall be permitted. 11. The proposed kitchen shall only be used in a way that is ancillary to the programming on the premises and otherwise will not be used to prepare food for sale within the property or elsewhere. 12. The apartment on the third floor shall only be occupied by those affiliated with the programming on the premises. 13. The following Traffic Demand Management protocols will be implemented: a. Transit passes shall be provided to employees with offices in the building b. Use of the seasonal shuttle bus by those attending the programming shall be actively encouraged, and c. A car pool/rideshare program will established to include the music school and the community school program participants, and will be extended to included activities at the Congregational Church to the extent practical. d. In order to minimize congestion that may result from programs that overlap with activities at the Congregational Church, the Congregational Church shall be contacted on a regular basis regarding the wedding and performance schedule on the Church's property, and best efforts shall be used not to schedule performances or large group classes or rehearsals at 56 Centre during those times. e. All employees and program participants will be directed not to park or stop for the purposes of pick-up or drop-off along Center Street so as to block traffic, and not to use Academy Lane for through traffic. £ Program participants who need to be picked up will be asked to wait for their rides inside the building. g. Newsletters will periodically be sent to participants to inform and remind them of these protocols. 14. Two (2) on-site parking spaces shall be provided on the property on Academy Lane as shown on the site plan prepared by Bracken Engineering and attached as Exhibit B-1, one of which will be designated for 15 minute maximum parking to facilitate pick-up and drop-offs from facility. 15. A bike rack shall be provided on the property. 16. No exterior construction in connection with the project shall occur between May 15th and October 1st of any given year. 17. The space will not be subleased for private events and parties at any time of the year, and the leases to the Nantucket Community School and Nantucket Community Music Center will reflect that restriction. 18. The Nantucket Community School's programs will not be held in the building during July and August unless there is no suitable alternative space for those programs available in the public school buildings. 19. The Nantucket Community School's summer camp program will not utilize the property. 0 t ~, EXHIBIT B CONDITIONS 1. The project shall be constructed substantially in accordance with the plans approved by the Nantucket Historic District Commission in Certificate of Appropriateness No. 56724, as may be amended. ~; 2. Upon commencement of construction pursuant to a Building Permit issued for the plans approved by the Nantucket Historic District Commission in Certificate of Appropriateness No. 56724, as may be amended, the building will no longer be used commercially as a Lodging House. 3. The property shall not be leased to more than two (2) tenants, each of which shall be a nonprofit educational corporation or leased by the Commonwealth or any of its agencies, subdivisions, or bodies politic. 4. Any change in the tenants from the proposed use by the Nantucket Community Music or the Nantucket Community School will require Special Permit relief from the Zoning Board of Appeals. 5. There shall be a designated building manager on the property during its hours of usage. 6. A copy of these conditions will be posted prominently on the property. 7. From June 15 to September 15 of each year occupancy of the building shall not exceed 52. At other times of the year occupancy of the building shall not exceed 105. 8. No programs (classes, rehearsals or performances) shall commence before 9:00 am (lpm on Sundays) or end after 9:00 pm. 9. The Building shall be fully air-conditioned via a geothermal system, and windows shall be closed at all times, except for maintenance, construction or repair. 10. No amplification of music and no regular programming or tents outdoors shall be permitted. 11. The proposed kitchen shall only be used in a way that is ancillary to the programming on the premises and otherwise will not be used to prepare food for sale within the property or elsewhere. 12. The apartment on the third floor shall only be occupied by those affiliated with the programming on the premises. 13. The following Traffic Demand Management protocols will be implemented: a. Transit passes shall be provided to employees with offices in the building b. Use of the seasonal shuttle bus by those attending the programming shall be actively encouraged, and c. A car pool/rideshare program will established to include the music school and the community school program participants, and will be extended to included activities at the Congregational Church to the extent practical. d. In order to minimize congestion that may result from programs that overlap with activities at the Congregational Church, the Congregational Church shall be contacted on a regular basis regarding the wedding and performance schedule on the Church's property, and best efforts shall be used not to schedule performances or large group classes or rehearsals at 56 Centre during those times. e. All employees and program participants will be directed not to park or stop for the purposes of pick-up or drop-off along Center Street so as to block traffic, and not to use Academy Lane for through traffic. f. Program participants who need to be picked up will be asked to wait for their rides inside the building. g. Newsletters will periodically be sent to participants to inform and remind them of these protocols. 14. Two (2) on-site parking spaces shall be provided on the property on Academy Lane as shown on the site plan prepared by Bracken Engineering and attached as Exhibit B-1, one of which will be designated for 15 minute maximum parking to facilitate pick-up and drop-offs from facility. 15. A bike rack shall be provided on the property. 16. No exterior construction in connection with the project shall occur between May 15th and October 1st of any given year. 17. The space will not be subleased for private events and parties at any time of the year, and the leases to the Nantucket Community School and Nantucket Community Music Center will reflect that restriction. 18. The Nantucket Community School's programs will not be held in the building during July and August unless there is no suitable alternative space for those programs available in the public school buildings. 19. The Nantucket Community School's summer camp program will not utilize the property.