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Home My WebLink About090-13 1 Rugged RoadO Z J Y G n m TOWN OF NANTUCKET m N cam^ BOARD OF APPEALS o m NANTUCKET, MA 02554 2 m r APPLICATION Fee: $300.00 File No. Owner's name(s): EES HOLDING, LLC Mailing address: c/o Peter D Kyburg. Esquire. 18 Broad Street Nantucket. MA 02554 Phone Number: 508- 228 -2790 E -Mail: pkyburgQgmail com Applicant's name(s): NANTUCKET LIGHTHOUSE SCHOOL. INC. Mailing Address: c/o Attomey Joseph M Guav PO Box 1294 Nantucket, MA 02554-1294 Phone Number: 508- 825 -9099 E -Mail: joseohmguayQaol.com Locus Address: 1 Rugged Road Nantucket. MA Assessor's Map /Parcel: 67/493 (A portion of land previously known as 62 Fairgrounds Road) Land Court Plan /Plan Book & Page /Plan File No.: Lot 5- Plan No. 01 -11 /Subdivided Lots 5A and 5B. September 9.2013: Plan File No 7594 Deed Reference /Certificate of Title: Book 916. Page 170 Zoning District: R -40 Uses on Lot- Commercial: Yes (describe) School Residential: Number of dwellings 1 Duplex —Apartments Date of Structure(s): all pre -date 7/72 or 2005— 2008 Building Permit Numbers: Previous Zoning Board Application Numbers: 2 Fairgrounds Road Nantucket Massachusetts 02554 508- 228 -7215 telephone 508- 228 -7298 facsimile State below or attach a separate addendum of specific special permits or variance relief applying fox: See Addendum I certify that the infoxmation contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. C^j SIGNATURE: �� Owner* Peter D. KyburgAttorneyfdr Owner, EES Holding, LL.0 SIGNATURE: _ Applicant /Attorney /Agent* J M. uay, Attorney for Applicant, Nantucket Lighthouse School, Inc *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 Clerk„_ Planning Board—/j— Building Dept-.—/—/— By:_ Fee deposited with Town Treasure-,_ /_ By:_ Waiver requested:_ Granted:_/—/_ Heating notice posted with Town Clerk.—/—/— Mailed:_/_/_ & -/_/_ Hearing(s) held on:_/_/_ Opened on :_/ -/_ Continued to: —/—/_ Withdrawn: —/—/_ Decision Due By: —/_/_ Made:_ /_ /_ Filed w /Town Clerk —/—/_ Mailed: —/—/_ Faitgtounds Road Nantucket Massachusetts 02554 508. 228.7215 telephone $08- 228 -7298 facsimile State below or attach a separate addendum of specific special permits or variance relief applying for. See Addendum 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: Peter D. Kyburg, Attorney for Owner, EES Holding, LLC SIGNATURE: Applicant / Attorney /Agent* M. uay, Attorney for Applicant, Nantucket Lighthouse School, Inc. *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 Clerk: -/ -/_ Planning Board:—LL Building Dept:JJ_ By:_ Fee deposited with Town Treasurer.,—/_ By:_ Waiver requested:_ Granted:—/—/— Heating 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 ADDENDUM (Application for a Special Permit) Owner - EES Holding, LLC Applicant - Nantucket Lighthouse School, Inc. Address —1 Rugged Road, Nantucket, Massachusetts (A portion of land previously known as 62 Fairgrounds Road) Locus — Lot 5B, Planning Board Plan File No. 7594 (Subdivision of Lot 5; Plan No. 01 -11) Assessors - Map 67, Parcel 493 ZONING CLASSIFICATION — LOT 5B PROPERTY EES Holding, LLC (hereinafter "EES "), is the title owner of the real estate previously known and numbered as 62 Fairgrounds Road, Town and County of Nantucket, Massachusetts, Lot 5, Plan No. 01 -11, as evidenced by deeds recorded at the Nantucket Registry of Deeds in Book 916, Page 170 and Book 710, Page 118, (hereinafter the "Property"). Applicant, Nantucket Lighthouse School, Inc. (hereinafter "NLS "), currently leases a portion of the Property from EES under a Lease dated July 1, 2006, with a Notice of Lease recorded at the Nantucket Registry of Deeds in Book 1030, Page 245. The Property was originally zoned LUG -2, and was re -zoned R40. An ANR Subdivision Plan of Lot 5, Plan No. 01 -11, prepared by Jeffrey L. Blackwell, Registered Land Surveyor of Blackwell and Associates, Inc., dated September 6, 2013, was submitted and endorsed by the Nantucket Planning Board on September 9, 2013, Plan File R40 District ExistinE Minimum Area: 40,000 sq.ft. 43,697+ sq.ft. Minimum Frontage: 75 ft. 263.28 ft. Front Yard Setback: 30 ft. 30.55 ft. Side Yard Setback: 10 ft. 88.99 ft. /15.00,+ ft. Rem Yard Setback: 10 ft. 24.49 ft. Ground Cover Ratio: 10% 16.2% Ground Cover: 4,370± sq.ft. 7,025+ sq.ft. PROPERTY EES Holding, LLC (hereinafter "EES "), is the title owner of the real estate previously known and numbered as 62 Fairgrounds Road, Town and County of Nantucket, Massachusetts, Lot 5, Plan No. 01 -11, as evidenced by deeds recorded at the Nantucket Registry of Deeds in Book 916, Page 170 and Book 710, Page 118, (hereinafter the "Property"). Applicant, Nantucket Lighthouse School, Inc. (hereinafter "NLS "), currently leases a portion of the Property from EES under a Lease dated July 1, 2006, with a Notice of Lease recorded at the Nantucket Registry of Deeds in Book 1030, Page 245. The Property was originally zoned LUG -2, and was re -zoned R40. An ANR Subdivision Plan of Lot 5, Plan No. 01 -11, prepared by Jeffrey L. Blackwell, Registered Land Surveyor of Blackwell and Associates, Inc., dated September 6, 2013, was submitted and endorsed by the Nantucket Planning Board on September 9, 2013, Plan File No.7594, and is attached hereto (hereinafter the "Subdivision Plan"). The Subdivision Plan created Lot 5A (43,697± sq.ft.) and Lot 5B (43,697± sq.ft.). EES intends to retain title ownership to Lot 5A. EES intends to transfer and convey Lot 5B to NLS. Lot 5B is improved with a building (Nantucket Lighthouse School) which was constructed pursuant to Building Permit No. 1034 -05, and Certificate of Occupancy No. OP- 2008 -0434, dated September 23, 2008. SPECIAL PERMIT RELIEF NLS seeks special permit relief by the Nantucket Zoning Board of Appeals (hereinafter the `Board ") under Nantucket Zoning By -Laws, Section 139- 18(B)(1), relative to off street parking requirements to approve the use of off -site land to meet parking requirements. EES intends to convey by deed to NLS Lot 5B as shown on Plan File No. 7594. Simultaneously, EES intends to grant NLS an easement on a portion of Lot 5A which adjoins Lot 5B for the purpose of driveway egress and parking. A proposed easement area is shown on Exhibit A Plan drawn by Jeffrey L. Blackwell, Registered Land Surveyor of Blackwell and Associates, Inc., dated October 18, 2013, attached hereto (hereinafter the "Easement Area Plan"). The Easement Area Plan encompasses the existing driveway and parking area(s) currently used by NLS under its Lease with EES. The parking area(s) and spaces shown on the Easement Area Plan were originally calculated and determined to be sufficient and satisfactory to the Nantucket Zoning Enforcement Officer for his sign -off on September 18, 2008, on Building Permit No. 1034 -05. Applicant respectfully requests this Board grant Special Permit Relief under Nantucket Zoning By -Laws, Section 139- 18(B)(1), to allow off -site parking pursuant to an easement to be recorded at the Nantucket Registry of Deeds. The easement shall be given by EES to NLS and will grant NLS the right and easement to access and use for parking a portion of Lot 5A that adjoins Lot 5B, and shown on the Easement Area Plan included with this Application. In the alternative, Applicant asks this Board to make a finding that no special permit relief is necessary because the off -site parking area encompassed by the Easement Area Plan is the same parking area originally approved under Building Permit No. 1034 -05, and has been, and continues to be, used as for parking by NLS. ****** rrrrrrr**** r * *rrrrrrr * * * * * * * * * **rrrrrrr * * ** [NOTE: Lot 5B on Plan File No. 7594 conforms with R -40 zoning requirements for minimum area, frontage and front, side and rear setbacks. The existing building (Nantucket Lighthouse School) is 7,025± sq.ft. = 16.2% ground cover ratio, and exceeds the 10% ground cover ratio under R -40. However, Nantucket Lighthouse School, Inc., as a nonprofit educational corporation, qualifies for limited, reasonable zoning regulation for use and structures under M.G.L., Chapter 40A, Section 3. The ground cover of the existing Nantucket Lighthouse School building has been determined by the Nantucket Zoning Enforcement Officer to be satisfactory and reasonably necessary for the continued operation and convenience of the educational functions of the Nantucket Lighthouse School.] Town and County of Nantucket November 6, 2013 R � � 1 4 ,:p .. ' • 11— 430 ft Property Informatbn PropenylD 67493 Location 1 RUGGED RD Owner EES HOLDING LLD '.t, MAP FOR REFERENCE ONLY NOT LEGAL DOCUMENT �g The T. makes ro alalma and no wenamies. �6 evropsad or lmpllea, mnceming the oaliaily or curacy 0 me GIS data presented on Nis map. Pamela upaatea Decemdar, 2612 ' 2 ./ � � 3° � \ I I I I I/ I[ I] I\ I) I/ | ƒ \I ?I % ! � \ ) I \ �k � | A � � g! \\ » \� > ��----- A � � g! \\ n] | � � i� aska s a a� �, N b I � I ti U q p a �gatlS C C I � rowmx I Nyo_ yG m W r2 w„ .� a tim�i W 2 I e ti i Sya� I aska s a a� �, N b IZ I r ; a 42 R tl QV0U (9LE °N R JPiLYV.L) � _y W (HICIA 976YMVA - jng8 ) saiaioti�xrv.% €� e e RECEIVED TOWN OF NANTUCKET 2614 AN 16 PM 1 06 BOARD OF APPEALS NANTUCKET TOWN CLERK NANTUCKET, MASSACHUSETTS 02554 Date: January 16, 2014 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 090 -13 Owner /Applicant: EES HOLDINGS, as Owner NANTUCKET LIGHTHOUSE SCHOOL, 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. �K - Eleanor W. Antonietti, Zoning Administrator 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- 325 -7587. NANTUCKET ZONING BOARD OF APPEALS Two Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 67, Parcel 493 1 Rugged Road Residential 40 (R -40) Book 710, Page 118 Book 916, Page 170 DECISION: 1. At a Public Hearing of the Nantucket Zoning Board of Appeals (Board) on December 12, 2013, at 1:00 p.m. at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of NANTUCKET LIGHTHOUSE SCHOOL, INC., c/o Attorney Joseph M. Guay, 108 Surfside Road, P.O. Box 1294, Nantucket, Massachusetts 02554 -1294, File No. 090 -13. 2. The applicant is requesting relief by Special Permit pursuant to Nantucket Zoning By -Law 139- 18(B)(1) to allow off -site parking pursuant to an easement to be recorded at the Nantucket Registry of Deeds. 3. In the alternative, the applicant requests that the Board make a determination that no special permit relief is required because the applicant, Nantucket Lighthouse School, is a not- for -profit educational institution exempt from zoning regulations under M.G.L., Chapter 40A, Section 3, and the off -site parking area encompassed by the easement is a portion of the lot adjacent to the applicant's lot (locus) improved with the existing school building. Furthermore, said parking area has been used by the applicant as a parking area since it was originally approved under Building Permit No. 1034 -05 which received sign -off on September 18, 2008. 4. Our decision is based upon the application and accompanying materials and representations and testimony received at the Public Hearing, including the presentation by applicant's counsel, Joseph M. Guay, and Board staff. A letter from abutter Francis W. Hanlon and testimony by Mr. Hanlon was also received and considered by the Board pertaining to concerns as to future use of the adjacent lot to be subject to the easement for applicant's parking area and not the requested relief for applicant's locus. There was no opposition to the application. 5. As presented to the Board, the applicant, Nantucket Lighthouse School, Inc., is a not - for -profit Massachusetts corporation operating the Nantucket Lighthouse School for educational purposes since 2008 in the existing Nantucket Lighthouse School building constructed on the locus. 6. The locus was originally zoned Limited Use General -2 (LUG -2) and subsequently re -zoned Residential -40 (R -40). The R -40 Zoning District requires a minimum area of 40,000 square feet with 75 foot frontage, 30 foot front yard setback, 10 foot side and rear setback and 10% ground cover. 7. Applicant advised the Board that the locus is owned by EES Holding, LLC (EES) and applicant currently leases a portion of the locus from EES under a Lease dated July 1, 2006, with a Notice of Lease recorded at the Nantucket Registry of Deeds in Book 1030, Page 245. 8. Applicant further advised the Board that the locus has been subdivided as shown on ANR Subdivision Plan of Lot 5, Plan No. 01 -11, prepared by Jeffrey L. Blackwell, Registered Land Surveyor of Blackwell & Associates, Inc., dated September 6, 2013, and endorsed by the Nantucket Planning Board on September 9, 2013, Plan File No. 7594. EES intends to convey to applicant (Nantucket Lighthouse School, Inc.) Lot 5B containing 43,697± square feet and grant applicant an easement over a portion of adjacent Lot 5A for puking purposes. 9. Applicant submitted the ANR Subdivision Plan dated September 6, 2013, endorsed by the Nantucket Planning Board on September 9, 2013, Plan File No. 7594, and attached herewith as "Exhibit B ". Applicant also submitted a proposed Easement Area Plan prepared by Blackwell & Associates, Inc., dated October 18, 2013, and attached herewith as "Exhibit A ", showing an area of approximately 20,005± square feet and encompassing the existing driveway and puking area(s) currently used by applicant in the operation of the Nantucket Lighthouse School. 10. The Board determined that the applicant is a not - for -profit entity operating a school (Nantucket Lighthouse School) for educational use and qualifies for exemption from zoning regulations under M.G.L., Chapter 40A, Section 3, and such exemption also applies to the ancillary use of parking pursuant to an easement for off -site parking on the lot (Lot 5A) adjacent to the locus (Lot 5B). 11. Accordingly, by unanimous vote, this Board determined that special permit relief was not required under 139- 18(B)(1) as the applicant's ancillary use of a portion of the adjacent lot for driveway access and parking is exempt under M.G.L. Chapter 40A, Section 3. SIGNATURE PAGE TO FOLLOW Assessor's Map 67, Parcel 493 Residential 40 (R -40) Dated: f�, 20IN 1 Rugged Road Book 710, Page 118 Book 916, Page 170 Kerim Kose� Geoffrey Thater 'c'Mara Mark Poor COMMONWEALTH OF MASSACHUSETTS Nantucket, SS ja4WLk t 14e 1201g On the 10i day of 4 Q , 201q, before me, the undersigned notary public, personally appeared iGLtp1.1 ONld.v� , one of the above -named members of the Zoning Board of Nantucket, Massachusetts, personally known to me to be the person whose name is signed on the preceding document, and acknowledged that he /she signed the foregoing instrument voluntarily for the purposes therein expressed. "•"_ - Notary Public: LYNELL D. VOLLANS Notary Public My Commission EXpCommonwealth of Massorhusetts v(/ My Commission Expirss Danember 28, 2018 RI^y q fig. 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