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Home My WebLink About019-13 31 & 33 Washington Streetfir✓ yn °AF Seo'h RECEIVED TOWN OF NANTUCKET 2013 MY 3 PM 3 36 BOARD OF APPEALS NANTUCKET TOWN CLERK NANTUCKET, MA 02554 APPLICATION Fee: $300.00 File No. 0"L _13 Owner's name(s): Nantucket Maria Mitchell Association Mailing address: c/o Reade, Gullicksen, Hanley & Gifford, LLP 6 Young's Way, Post Office Box 2669, Nantucket, Massachusetts 02584 Phone Number: 508- 228 -3128 E -Mail: air @readelaw.com Applicant's naxne(s): Same Mailing Address: Same Phone Number: Same E -Mail: Same Locus Address: 31 and 33 Washington Street Assessor's Map /Parcel 423.2 -82.1 and 82.3 Land Court Plan/Plen Book 10710 -H, Lots 3 and 4 Certificates of Title: 23716 and 23717 Zoning District Commercial Downtown (CDT) Uses on Lot- Commercial: None Residential: Number of dwellings None Duplex No Apartments No Date of Structure(s): all pre -date 7/72 Yes or Building Permit Numbers: Previous Zoning Board Application Numbers: 079 -78 2 Fairgtounds Road Nantucket Massachusetts 02554 508- 228 -7215 telephone 508- 228 -7298 facsimile State below or attach a separate addendum of specific special permits of variance relief applying for: The applicant proposes to construct a scientific and environmental education facility upon the subject property, consisting of two lots to be merged together and used as one lot. The proposed main building, which will contain portions of the existing structures upon locus, has been approved by the Nantucket Historic District Commission under Certificate of Appropriateness No. 59329. The structure will have a dome over the theater seating area for the planetarium and other natural history presentations, with an elevation above mean grade, as measured under the provisions of Nantucket Zoning By -law §139 -17.A and the definitions in §139 -2, of about 36.9 feet at the highest point of the dome; 30 feet is the maximum permitted as a matter of right under the By -law. The only portion of the proposed uses of locus which has specific parking requirements under the By -law is the theater, which under §139 -IS.D requires one parking space per four seats; about 53 seats are proposed. No parking spaces are proposed to be provided on -site. Accordingly, the applicant requests relief by Special Permit under By -law 5139- 17.C(5), for waiver of the 30 -foot maximum height requirement in the CDT zoning district, and under §139 -18.B, for waiver of all required parking spaces in connection with the applicant's intended use of locus as described. I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjuty. SIGNATURE: Nantucket Mane MitcheIIAssociation Owner* By SIGNATURE: 4649:1 '"mot— Applie /Attomey /Agent A hur I. Reade, Jr. OFFICE USE ONLY Application received on:—/—/_ By:_ Complete:_ Need Copies:_ Filed with Town Clerk_/_ /_ planning Board:-LL Building Dept.: -/-/_ By:_ Fee deposited with Town Treasurer -/-/L By:_ Waiver requested:_ Granted:_/_ /_ Hearing notice posted with Town Clerk: -/-/— 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 ..�.ww.n.....+...... a .,.- »...i..e........'—.......u„ f. 5-2013 �....p.mm me N zZ K m K m y I yN� NT r Nz a� U z 0 z p u a O s T 3 g v` 0 0 O a V n FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN REUES ON CURRENT DEEDS AND PLANS OF (P ASHING ]�j VERIFIED BY FIELD MEASUREMENTS AS SHOPNEHEREOP ZI b1zC �O' • EXAMINATION OR A RE CORDABLEE SURVEY. p TITLE \ var1a ble STREE LOTS 3 & 4 TOTAL AREA= + F rvj th) T .. .'.'.'0'z....: O E Cj r. 0 p .. . .. ..'. J .. O W 0 '.' W..;.::. ..:. m Q 2w J0 a Q .... 0..n 0:.'... deck. porch .. '.' .... ':'............. O " \0 ..: .'. and stairs . ..... ..._ ..... '.'. 2 0..... z N ............................. r.'. w � ..'.' .O0.':.':. :. V w to .... z 16 N °c Q:': plonetc m dome w zr: \�/ 0m r.. 0 0 00 e 0 00 MS M= ®= ®= ®- \f /\ § ((\) |!| „ ! \ § ))) §))) �!!F;lF |�,,! , ;rF, ;r,l ;)`•� .,,,! ... � § § : | ;!� •; , !!; �•,,, :, !,! ;!,!!]);1,.l1 :��; \f / \M l�GRQQgGGGgGGg3gHg !| , ( l�GRQQgGGGgGGg3gHg Allison P. Schneider Trst. et al. Richard E. Kotalac, Jr. Larry B. Whelden, Tr. TC Schneider Irrev. Trust #2 32 Washington St. P.O. Box 454 12 Contentment Island Road Nantucket, MA 02554 Nantucket, MA 02554 Darien, CT 06820 County of Nantucket Margaret B. and John C. Ruttenberg Town of Nantucket 16 Broad Street c/o Tinicum Enterprises 16 Broad Street Nantucket, MA 02554 990 Stewart Ave. Nantucket, MA 02554 Garden City, NY 11530 Walter J. and Anne Glowacki Nantucket Electric Co. David & Sarah Steinberg c/o Property Tax Dept. " 1524 St. P.O. Box 28 40 Sylvan Rd. D C Washington, DC 20007 Was n Nantucket, MA 02554 Waltham, MA 02451 Walter J. Glowacki at al. Harriet W. Backus David & Jean Halberstam c/o Robert E. Moses 59 West St. #2B P.O. Box 1460 P O. Box 249 . New York, NY 10011 Nantucket, MA 02554 Lebanon, NH 03766 , Harriet W. and James A. Backus Grace T. Noyes Trst. Nantucket Islands Land Bank & Robert E. Moses Rainbow Trust 22 Broad Street P.O. Box 249 10 Coffin St. Nantucket, MA 02554 Lebanon, NH 03766 Nantucket, MA 02554 Preservation Institute Nantucket Robert K. and Grace T. Noyes David F. Muller c/o Bruce Delaney 10 Coffin St. 87 Chestnut Street P.O. Box 14425 Nantucket, MA 02554 Boston, MA 02108 Gainesville, FL 32604 Nantucket Electric Company Sower Property LLC Grace Tuttle Noyes & Robert K. c/o Property Tax Dept. c/o Janis Aldridge Inc. Noyes 40 Sylvan Rd. P.O. Box 1818 10 Coffin St. Waltham, MA 02451 Nantucket, MA 02554 Nantucket, MA 02554 Harborview Nantucket LP Hedge & Home LLC David & Elizabeth Reiss c/o DCM Hospitality p tY c/o Eric Rosenberg & Michele Kolb 204 Stella Street 13355 Noel Rd., Ste. 250 226 East 79' Street Metairie, LA 70005 Dallas, TX 75240 New York, NY 10075 Larry B. Whelden, Tr. Peter E. Zovas et al. Nantucket Maria Mitchell ASSC. N L T Nominee Trust 518 Buckland Dr. 2 Vestal Street P.O. Box 454 Chestire, CT 06140 Nantucket, MA 02554 Nantucket, MA 02554 American Legion ACK Advisors LLC - Evan & Sascha Greenberg Byron L Sylvaro Post #82 c/o Donahue 81 Maple Ave: P.O. Box 265 394 Greens Farms Rd. Katonah, NY 10536 Nantucket, MA 02554 Westport, CT 06880 Thomas A. & Susan W. Coyne 3452 Mistletoe Ln. Longboat Key, FL 34228 George & Mary V. Williams 19 Assinippi Avenue Norwell, MA 02061 David G. Bradley 2700 Virginia Ave. NW Apt. 402 Washington, DC 20037 Jennie P. Garofalo Trst. Washington St Nom Trst 51 Coolidge Rd. Concord, MA 01742 Jennie P. Garofalo Trst. c/o Scott Dehm et al. 7 New Albany Farms Rd. New Albany, OH 43054 Mary H. Brown Trst. MHB Revocable Trust 2999 38" Street NW Washington, DC 20016 -5402 Cedar V. McClure et al Trst. 36 Union Street Realty Trust c/o Kennedy Plaza Ste. 1500 Providence, RI 02903 Thistle Dew LLC Corporation Services Company 84 State Street Boston, MA 02109 Patricia P. Deck 11 Boyce Farm Road Lincoln, MA 01773 David James Longenecker c/o Prynn Kaplan 278 Vanderbilt Ave. Brooklyn, NY 11205 Janet P. Haller 28 Union St. Nantucket, MA 02554 29 Union St. LLC c/o 29 Union Jack LLC 16 %, Federal Street Nantucket, MA 02554 Gregory T. Powers Sr. & Barbara Powers 62 Higgins Place Harrington Park, NJ 07640 E. Howard Goodwin, Jr., Ellen L. Goodwin & Menard Doswell IV 530 Telner St. Philadelphia, PA 19118 Carlos M. & Suzanne Fedrigotti 16 South Road Bronxville, NY 10708 27 Union Street LLC c/o Copley Management & Dev. Corp. 896 Beacon Street Boston, MA 02115 Philip Didriksen, Jr. Tr. et al. 25 Union St. Nantucket, MA 02554 Nantucket Islands Land Bank 22 Broad Street Nantucket, MA 02554 Dina Fein, Trustee 49 Columbus Ave. Northhampton, MA 01060 -Zal� for9 -I ? NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket. Massachusetts 02554 Assessor's Map 42.3.2 Parcels 82.1 and 82.2 Certificates of Title 23716 and 23717 1101"6JESIM Land Court Plan 10710 -H Lots 3 and 4 Nos. 31 and 33 Wa4inaton Stree Commercial �owAown ( ) � c c z n r m 1. At a public hearing of the Nantucket Zor ng Bold o Appeals, on Thursday, May 9, 2013, at 1:00 �.O t 9 Fairgrounds Road, Nantucket, Massachusetts, the Board ,&ade the following decision on the application of NANTPCK MARIA MITCHELL ASSOCIATION, c/o Reads, Gullicksen, Hanle } ford 6 Cohen, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 019 -13: 2. The applicant is requesting relief by Special Permit pursuant to Nantucket Zoning By -law 5139- 17.C(5), for a structure exceeding a height of thirty (30) feet in the Commercial Downtown (CDT) zoning. district. The height of the highest point of the proposed structure above mean grade, which will be a dome, will be about 36.9 feet. The applicant is also requesting relief pursuant to By -law 5139 -18.B, waiving the required parking upon the locus. The locus is situated at 31 and 33 Washington Street, is shown on Assessor's Map 42.3.2 as Parcels 82.1 and 82.2, and consists of Lots 3 and 4 on Land Court Plan 10710 -H. It lies within the Commercial Downtown zoning district 3. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. In addition to the presentation by the applicant's counsel, staff and professional advisers at the public hearing, correspondence was received by the Board, none of which was in opposition. 4. As presented to the Board of Appeals, the applicant, Nantucket Maria Mitchell Association, is a nonprofit charitable and educational corporation honoring the memory of the great nineteenth - century Nantucket Astronomer, Maria Mitchell, with a focus on educational and scientific activities. It has purchased the locus for the purpose of relocating its museum and educational activities generally, including the aquarium which has been in operation across Washington Street and other educational activities conducted at its Vestal Street campus, and enhancing these activities for the benefit of children and the Nantucket community generally. Henceforth, scientific activities will be concentrated at the Vestal Street campus and the observatory at Milk Street Extension. The new educational facility upon the locus will include an area which can be used as a planetarium, as well as a variety of other imaging programs, that will be within a rounded, concave area in the ceiling of this area. As is typically the design of planetaria, the imaging area will be within a domed area extending up from the roof of the building. The elevation of the building is higher than it otherwise would be, because under newly- adopted flood zone regulations affecting the locus, the elevation of the first floor is required to be at 10 feet. The applicant has presented the design of the building, including the dome, to the Nantucket Historic District Commission ( "HDC "), and it has been approved under Certificate of Appropriateness No. 59329. 5. There is no express provision of the Nantucket Zoning By -law as to the number of parking spaces to be provided for museum and educational uses. As is the case with many institutional and business uses in downtown Nantucket, it is impractical to provide parking upon the site. The applicant has requested a waiver of all of the parking spaces; it suggests that the nearest description of its uses would be "place of public assembly ", which requires one parking space for each four seats; the applicant proposes to have about 53 seats, which would require 13 parking spaces. It was noted that locus is directly adjacent to the Town of Nantucket's public parking lot. 6. While the maximum elevation above grade for buildings in all zoning districts under By -law §139 -17.A is 30 feet, it is expressly provided under §139- 17.C(5) that within the Commercial Downtown (CDT) zoning district, the special permit granting authority is empowered to grant a Special Permit for a structure exceeding 30 feet in height where it finds that the excess height would be complementary and appropriate to the scale of the adjoining streetscape, as supported by the existence of surrounding buildings of equivalent height and the receipt of approval from the HDC, and that the excess height would not be detrimental to adjoining properties by substantially casting them in shadow or resulting in .-the loss of privacy, air circulation, sunlight, safe egress and ingress or overcrowding. Based upon the existence of major buildings in the CDT district which exceed 30 feet in height, approval of this structure by the HDC, and the absence of any evidence of detrimental effect . ��,..�....e"..........o.v...ve. ... -.3 -..... �.�....ma 2 upon adjoining properties, the Board of Appeals made these findings, by unanimous vote. 7. As to the requested waiver of parking requirements, the special permit granting authority is empowered under By -law 4139- 18.B(2) to grant relief from parking requirements where it finds that the granting of the special permit would be in harmony with the general purposes and intent of the By -law, and that compliance with the parking requirements under 4139 -18 would be physically impossible for the applicant to provide. Based upon the location of the subject property and the inability to provide any significant amount of parking upon the locus, the Board of Appeals made these findings, by unanimous vote. 8. Accordingly, by unanimous vote, the Board of Appeals granted relief to the applicant by Special Permit under By -law 4139- 17.C(5) to approve the construction of the proposed structure upon locus with an elevation of about 36.9 feet above grade at the highest point of the dome, and by Special Permit under By -law 4139- 18.B(2), waiving the provision of parking upon locus in connection with the applicant's proposed museum and educational uses. 3 Dated: � 2013 COMMONWEALTH OF MASSACHUSETTS Nantucket, as. /� 2013 On this day of �IL/w(, 2013, before me, the uncTe�r� ig ed Notary Public, personally appeared to �,(,(/ , who is personally known to me, and who is the person whose name is signed on the preceding or attached document, and who acknowledged to me that he /she signed it voluntarily for its stated purpose. k / Notary Public: My commission lzl� I