The URL can be used to link to this page

Home My WebLink About036-11, Nantucket Dreamland FoundationPrint Form _: TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 .~, ~~ WITHDRAWAL FORM File No. 036 -11 Map 69 Parcel84/85 APPLICANT(S): NANTUCKET DREAMLAND FOUNDATION AS APPLICANT, PARENTS COOPERATIVE. OF NANTUCKET, INC., AS OWNER UPON THE REQUEST OF THE APPLICANT(S) MADE: PRIOR TO X AFTER PUBLICATION OF NOTICE OF A PUBLIC HEARING ON THE ABOVE CAPTIONED APPLICATION, WE, THE NANTUCKET ZONING BOARD OF APPEALS: ACKNOWLEDGE AS A MATTER RIGHT AND WITHOUT PREJUDICE APPROVE WITHOUT PREJUDICE APPROVE, BUT WITH PREJUDICE THE WITHDRAWAL: IN FULL OF THE SAID APPLICATION OF SO MUCH OF SAID APPLICATION AS: DATED: 2 Fairgrounds Road Nantucket Massachusetts 508-228-7215 telephone Pr~rtt Fot'ria TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 ~_ 3 t„v APPLICATION ~~ Fee: $300.00 File No. , - (1 Owner's name(s):'' P~irents Coopcrative,ofNantuckei> Inc,: Mailing address: e7° Sarah F. Auer, P.C.; Two South Water Street, Nantucket 02554 Phone Number: (~0~)22R-1 tJ8 E-Mail:. sfa(a~sfapc.eom Applicant's name(s): 'Nantucket Dcea}nland Fnt[ndation Mailing Address: ~ ~~ ~ G~~~ii~ht~n, TJale, Hiuiter; St~tiua aitd $eaudette, PC, PO Box 659, Nairtucttet, MA 0254 Phone Ntunber: ~~ (50R}2?$-445 E_M~; billh~d)vaughandaleandhunter.com Locus Address: ~IS and l7-NobadecrPatnl Road Assessor's Map/Parcel: G9~_/ 84 and 85 ~_ Land Court Plan/Plan Book & Page/Plan File No.: plan File 531VI, Lots I0'and 11 Deed ReferenceCertiflcate of Title:' Bt` 590; Yg-180 Zoning District Residential Cgmmercial 2 Uses on Lot- Commercial: None x Yes (describe) School: (rion-profit educational)' Residential: Number of dwellings Otte Duplex Apartments Date of Structure(s): all pre-date 7/72 .Yes " or 202 Building Permit Ntunbers: BP-20t1?=(133$- and BP.=20D2=13.46 Previous Zoning Board Application Numbers: ` None 2 Fairgtounda 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 Addendtun "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: Owner* Sarah F. Alger, President SIGNATURE: Applicant/Attorney/Agent* William F. Hunter, Esq. *If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency. OFFICE USE ONLY Application received on:. /_/_ By: ~ Complete: Need Copies: Filed with Town C1erk:JJ_ Planning Boaxd:,_/_ Building Dept.:_/_/_ By:_ Fee deposited with Town Treasurer:_/_/_ By:_ Waiver requested: Granted:. /_/_ Hearing notice posted with Town Clerk:_/_/_'. Mailed:. /_/_ I&M /_% & / / Hearing(s) held on:_/ /_ Opened on : /_/ Continued to:_/ /_~Withdrawn:, /_/_- .Decision Due By:_/_/~ Made: / / Filed w/Town Clerk: / / Mailed: / /: 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 139-7A (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 July and August 2010. The proposed hours of operation for the tent are daily from 9:00 a.m. through 10:00 p.m. Parents Cooperative of Nantucket, Inc., (the "Owner") takes the position that no relief is required in that both the Owner and the Applicant (which will be a lessee of the Owner) are nonprofit educational corporations and the proposed use is in furtherance of the educational purpose of each and as such, such use is exempt from enforcement of the provisions of Nantucket Zoning By-law Section 139-7A(8) pursuant to the provisions of Mass. Gen. Laws c. 40A,s.3, which provides in relevant part, "No zoning ordinance or by-law shall ... prohibit, regulate or restrict the use of land or structures ... for educational purposes on land owned or leased by ... a nonprofit educational corporation; provided, however, that such land or structures may be subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements," and requests that the Board make a finding that no relief is required. In the alternative, the Owner acquiesces in the instant application to allow the Applicant to move forward with the request for a variance, without prejudice to its position or any future proposed uses of the Premises. The Applicant proposes to use the tent for fundraising for The Nantucket Dreamland Foundation and the staging by the Dreamland of summer performance camps and plays for both children and adults. Applicant proposes to outfit the tent with a sound system and small riser stage and in this way it will be able to accommodate performances 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. The requested relief is harmony with the intent and purposes of the Nantucket Zoning By-law. Given circumstances relating to the Nantucket Dreamland Foundation's inability to use its own property for this use inasmuch as that site is c currently under construction and especially its propsert 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. VAUGHAN, DALE, HUNTED, STETINA AND BEAUDETTE PROFESSIONAL CORPORATION ATTOI3NI:YS AT LAW WHALER'S LANE EDWARD FOLEY VAUGHAN P.O. BOX 659 KEVIN F. DALE NANTUCgET, MASSACHUSETTS 02554 WILLIAM F. HUNTER TEL: (508) 228-4455 MAETIN eTEFFHEY STETINA FAX: (508) 228-3070 BICHAED P. BEAUDETTE LoaID'ELIA May l7, 2011 BY HAND DELIVERY .J John Brescher, Nantucket Zoning Board of Appeals Nantucket Zoning Board of Appeals _^ 2 Fairgrounds Road -' l.J Nantucket, Massachusetts 02554 -'' RE: The Nantucket Dreamland Foundation; ' 15 and 1 ? Nobadeer Farm Road/ The Nantucket Ne1~- School; a Assessors Map 69, Parcels 84 and 85; Nantucket, Massachusetts 02554 (the "Premises ") Dear John: Enclosed please find an Application in the captioned matter requesting a Variance, pursuant to Section 139-32 A of the Nantucket 7.oning By-law, from the requirements of Section 139-7A (8) to allow a tent to be erected for a period etceeding thirty (30) days per year. Applicant proposes to install a tent upon the Premises for the period of time spanning the period between July and Augast, 20l 1. Also enclosed please find multiple copies of the completed Application packet. two sets of mailing labels and the filing fee required by the 'Town of Nantucket in the amount of $300.00. Please mark this matter for hearing at the June, 2011 meeting of the Nantucket Zoning Board of Appeals. Thank you for your help in these matters. Please feel free to call me should you have questions. SincerLly, William F. Hunter WFH/ Enclosures