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Home My WebLink About006-14 5 North Water Street�pnNAi� TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Fee: $300.00 Ownu's name(s): Lynne M Bolton RECEIVED 2013 DEC 31 PEI 12 29 NANTUCKET TOWN CLERK File No.A-JY- Mailing address: c o Reade Gullicksen Hanley and Gifford LLP Phone Number: 508- 228 -3128 E-Mail: SLUDreadelaw com Applicant's name(s): Nantucket Theatre Institute Mailing Address: —/6 Yo— s Wavl Post Office Box 2669 Nantuck t MA 02584 Phone Number: 508- 228 -3128 E -Mail: SLCareadelaw com Locus Address: 5 North Water Street Assessor's Map /Parcel: 42.4.2 – 88 Deed: Book 1359 Page 96 Plan.: Book 10. Page 49 Zoning District CDT Uses on Lot- Commercial: Theatre and arts institute Residential: Number of dwellings 1 Duplex 0 Apartments 1 Date of Structure(s); all pre -date 7/72 Yes Building Permit Numbers: 5034 -86 9659-93, 12367-95 14914-97 109 -02 1210 -07. 533- 12 774 -13. TP -29 -13 Previous Zoning Board Application Numbers: 73 -86 25 -92 22 -13 and 61 -13 D IE (C 11S V je "u 2 Fairgrounds Road Nantucket Massachusetts 02554 508 -228 -7215 telephone 508- 228 -7298 facsimile DEC i C 2013 J�V(_. Special oexmits or a nqerelief apnlvi o for The locus, 5 North Water Street, Nantucket, Massachusetts is a lot of approximately 8070 SF in the Commercial Down Town zoning district. It has a two story structure and a one story structure. The rear of the single story structure is as close as 2.6 +/- feet from the lot line where a 5 foot setback is required. The lot is the subject of Special Permit relief granted in ZBA file 73 -86 and recorded at Book 260, Page 336, allowing for the change of use from retail to real estate office. The Lot also has Special Permit relief granted in ZBA file 25 -92 and recorded at Book 387, Page 113 allowing for an addition to the smaller building (which was not built) and waiving related puking requirements. The lot also had Variance relief under Section 139 -32 from Sections 139 -2 and 139 -7 to allow a tent to be erected for longer than 30 days per year, as provided in ZBA file 22 -13, as recorded in Book 1388, Page 241, and extended in File 61 -13, which ran concurrent to a Major Commercial Development Special Permit issued by the Planning Board in PB file 5 -13, as recorded in Book 1388, Page 342. The nonconformities pre -exist the 1972 adoption of the Nantucket Zoning By -law. The locus and structures thereon are conforming in all other respects. The Applicant, the Nantucket Theatre Institute, has filed permitting materials with the Planning Board, the permitting authority for all MCDs, for a Special Permit for a permanent theatre and arts facility at the locus, but concurrently seeks permits from the Planning Board and Zoning Board of Appeals to use a tent for one additional season during permitting and design approval, similar to last season. Use of the tent this summer is proposed for May 15, 2014 through October 15, 2014. Applicant proposes that the ZBA impose the same conditions imposed last year by the ZBA and Planning Board, except allowing performances daily instead of excluding one day a week, and dropping the concessions allow last year. The proposed conditions would be: 1) The tent is to be not larger than 30' by 50' and shall enclose the stage. 2) Maintain 5 foot setbacks for the side walls of the tent on the two street sides. 3) Tent stakes shall not be installed over the lot line. 4) Ticket sales limited to eighty (80) tickets for each performance 5) No activities within the tent shall take place before noon. 6) Evening Theatrical performances for the public shall not start prior to 5:00 pm and shall end by 9:30 pm. 7) All operations on the site shall end by 10 pm. 8) Except for entrances /exits, side flaps of the tent remain installed and stay down during performances. 9) That the applicant shall seek to minimize crowding of patrons on surrounding properties, streets, and sidewalks. A staff person shall be available before and after scheduled events /activities to assist with directing patrons away from surrounding streets and sidewalks and into the interior of the site. 10) No electronic amplification of the actors in the theatrical performances, but other amplification, such as background music and sound effects, is permitted. 11) No ticket sales shall be permitted outdoors or in the tent. 12) Use of the locus by third parties shall be limited to uses with a comparable neighborhood impact or other educational/artistic uses, but not for events such as weddings, parties, or other similar functions. 13) No food produced or sold on site. 14)No non - employee or agent rental of the residential apartment and no commercial rental of any parking spaces. 15) On -site parking shall only be used by Applicant's employees and agents, except for arranged parking provided for performance or function attendees with special needs. The driveway shall be blocked with rope, saw horses, or other type of barricade to prevent unauthorized use of the parking area. Staff shall manage the parking area to ensure compliance with this condition. 16) Applicant shall provide Nantucket Regional Transit Authority TA ) passes for all employees. 17) Applicant shall install a minimum of one (1) bike rack on the site. The Zoning Board of Appeals is the sole permit granting authority for Variances. Accordingly, to the extent necessary, Applicant requests relief by Variance to allow the tent to be erected for longer than 30 days per year. I certify that the information contained herein is substantially complete and true to the best of my knowledge, undet the pains and penalties of perjury. SIGNATURE: Lynga M. Dolton, by: Steven L. Cohen, as duly authorized attorney OFFICE USE ONLY Application received on: —/—/— By:_ Complete:_ Need Copies:_ Filed with Town Clerk:—/—/— planning Board:,J_ Building Dept.:–/–/– BY :— Fee deposited with Town Treasuren_/_/_ By:_ Waiver requested:_ Granted:_ /— /— Hearing notice posted with Town Clerk:–/–/— Mailed: —/_/_ &_ /_ /— Hearing(s) held on:—/—/— Opened on :_/_/- Continued to: — /_ /_ Withdrawn:_/ /— Decision Due By:—/—/— Made: — /_ /_ Filed w /Town Clerk:—/—/— Marled: —/—/— 2 Fairgrounds Road Nantucket Massachusetts 02554 508 -228 -7215 telephone 508- 228 -7298 facsimile H/T EMA E. O'RpLLY. 1MISIEE {243 -9] p P 93.12' w 4 pgA1E1E. W.LLR KW z � / N m� vm -4 411 I I -xJ I �II I RECORD AREA =8,0703 S. F. I .Yk I 2310RY I pp73 -06 RECORDED AT BK. 260, PG. 338. FRONTYARD SETBACWNONE WOW FRAME IN 2 SEE ALSO SPECIAL PERMIT, FlLE JDZS -92 RECORDED AT as( WILOIM ALLOWABLE G C R..75R /S SCALE I' =10' DAM-12/07/2012 CURRENT ZONING.COMMERCIAL DOWNTOWN (CDT) - �' Si EXISTNG OPEN AREA:42R3 z DEED REFEREIICEDtl. Bk 25], Pg. 1D9 FOR PEO ' MNE DETERMINATCN BOB PLOT PI-AN RLLES ON OURRENT DEEDS AMID PLANS of RECOM, MEASURNE'. AS MOM H MAL Ma i6GU'.2.0 ///jjjj{p((('' � '�} A PLAN REFERENCEPI. Bk 10, P9. 49 ASSESSOR'S REFTAENCE YtwM BY RELO NOT REFRESENIED TO BE A PTE PARCELBB srDaP MAP: 42.4 .2 I HEMP CERMIY TO niE BEST M Mx KNOWLEDGE PREPARED FOR: TIFi RIE PREME5 MOM ON NIS PIPN ME � �� LYNNE M. BOLTON LOWTED Wniln TIE'B' DONE M DELNEATEO ON TXE'FlRN' MAP Bi CONMMItt NQ. 25[rz30: x <x NANTUCKET SURVEYORS LLC YpSi EiEEBnV£B -S -Be U 111E FIDERZ c c 5 WINDY WAY PNERGPICY MANAGEMENT MENOY. R"SED 'B -B2 D RUEW wax N m� vm -4 411 I I -xJ I �II I RECORD AREA =8,0703 S. F. I P.V I I II WAVF1 PNigtO I J I 1NO PROPERTY IS SUBJECT TO SPECIAL PERMIT MA FlLE WHALERS I pp73 -06 RECORDED AT BK. 260, PG. 338. P.V I I II WAVF1 PNigtO II 1NO PROPERTY IS SUBJECT TO SPECIAL PERMIT MA FlLE WHALERS LANE pp73 -06 RECORDED AT BK. 260, PG. 338. FRONTYARD SETBACWNONE RE: USES AND STRUCTURES IN 2 SEE ALSO SPECIAL PERMIT, FlLE JDZS -92 RECORDED AT as( f� ALLOWABLE G C R..75R MENT ETC (ADDITION HAS NOT BEEN CONSTRUCTED AT THIS TIME SCALE I' =10' DAM-12/07/2012 CURRENT ZONING.COMMERCIAL DOWNTOWN (CDT) - �' (LC TO CDT ART 37 2012 ATM) EXISTNG OPEN AREA:42R3 z P.V I I II WAVF1 PNigtO II 1NO PROPERTY IS SUBJECT TO SPECIAL PERMIT MA FlLE WHALERS LANE pp73 -06 RECORDED AT BK. 260, PG. 338. FRONTYARD SETBACWNONE RE: USES AND STRUCTURES BRICK MRON MORTGAGE INSPECTION PLOT PLAN 1NO PROPERTY IS SUBJECT TO SPECIAL PERMIT MA FlLE WHALERS LANE pp73 -06 RECORDED AT BK. 260, PG. 338. FRONTYARD SETBACWNONE RE: USES AND STRUCTURES IN 2 SEE ALSO SPECIAL PERMIT, FlLE JDZS -92 RECORDED AT as( BK. 387, PG 113, REV :PROPOSED ADDITION, PARKING REQUIRE- ALLOWABLE G C R..75R MENT ETC (ADDITION HAS NOT BEEN CONSTRUCTED AT THIS TIME SCALE I' =10' DAM-12/07/2012 CURRENT ZONING.COMMERCIAL DOWNTOWN (CDT) - �' (LC TO CDT ART 37 2012 ATM) EXISTNG OPEN AREA:42R3 MINIMUM LOT SIZE3,750 S.F. MORTGAGE INSPECTION PLOT PLAN MINIMUM FRONTAGE-35' $5 NORTH WATER STREET FRONTYARD SETBACWNONE IN SIDE AND REAR SETBACK:D /5' as( NANTUCKET, MASSACHUSETTS ALLOWABLE G C R..75R Y SCALE I' =10' DAM-12/07/2012 UISTNG GCR 20.4%1 - �' EXISTNG OPEN AREA:42R3 en DEED REFEREIICEDtl. Bk 25], Pg. 1D9 FOR PEO ' MNE DETERMINATCN BOB PLOT PI-AN RLLES ON OURRENT DEEDS AMID PLANS of RECOM, MEASURNE'. AS MOM H MAL Ma i6GU'.2.0 ///jjjj{p((('' � '�} A PLAN REFERENCEPI. Bk 10, P9. 49 ASSESSOR'S REFTAENCE YtwM BY RELO NOT REFRESENIED TO BE A PTE PARCELBB 1X15 PLAN 5 E%AMINATM OR A RECORDABLE SURVEY. MAP: 42.4 .2 I HEMP CERMIY TO niE BEST M Mx KNOWLEDGE PREPARED FOR: TIFi RIE PREME5 MOM ON NIS PIPN ME � �� LYNNE M. BOLTON LOWTED Wniln TIE'B' DONE M DELNEATEO ON TXE'FlRN' MAP Bi CONMMItt NQ. 25[rz30: NANTUCKET SURVEYORS LLC YpSi EiEEBnV£B -S -Be U 111E FIDERZ 5 WINDY WAY PNERGPICY MANAGEMENT MENOY. R"SED 'B -B2 NANTUCKET, MA 02554 ec Rm1RED 1) 138-180.(3) PARKING SPACE SIZE 9'x20'TO 8'x16' 45'TO 30' $� Q PARKING ANGLE 2) 139-18C,(i) BAWNED OF MEHIGLES ONTO STREET 3) 139 -19 SCREENNG N/F 4) 139.20 OFF STREET LOAFING SWA S. D'RFIUY. 1RJSIEE 2ff MwM azez -3f FNT 9317 WIIJ( W63 1.. OyTD.41E i AC IM13 ❑ 1 .r / /' // r 1 STORY s 3't 2 SDM / ttTA m PAD , wooD FNNrt r. I �, 9J11➢IW3 pppp BS>t • rf '' / F xJ i 6 I m 1/ sIDaP RECORD. AREA = °•. / %/ GI 8,970± S. F. I o. 6iAVFL PARpXO c CD I II �A o N PROS D I N r -- 4't Q 1 5, 5' CW.H BRIIX 1PRp1 m� FTD Rq ASPNPLT MALI± t PROPERTY IS SUBJECT TO SPECIAL PERMIT IBA FILE WHALERS LANE RE USESRANNBTRUCTURES 280 PG, 336, 2 SEE ALSO 6PEGIAL PERMIT, FILE $025 -92 RECORDED AT BK. 30], PG. 113, RE: PROPOSED ADDITION, PARKNO REQUIRE- MENT ETC. (AGDITON HAS NOT BEEN CONSTRUOTED AT THIS TME. GG PROPOSED TENT HIBIT PARKING PLOT PLAN CURRENT ZON)NG:CONMERCIAL DOWNTOWN (GOT) y5 NORTH WATER STREET (LG TO CAT ART. 37 2012 AV) IN MINIMUM LOT SZE3,750 SF. NANTUCKET, MASSACHUSETTS MINIMUM FRONTAGE:35' SCALE:1' =10' DAM04/16/2013 FRONTYARD SETBACK:NONE SIDE AND REAR SETOACK.O' /5' USED: 5/10/13 (TENT LOCATION) ALLOWABLE G.C.R.:76% EKISTNG G.C.RS20.45 (PROPOSED 39] INCLUDES TENT) REMSED> 5/29/13 (REMSED PARKINS) E%ISTNG OPEN AR6142%f (PROPOSED 269 UGULDES TENT) DEED REFERFNGEDd. Bk. 1359, P9, 96 FOR PROPERtt ME OEIEWYNATON THIS PLOT PUN '" PIA I. PLAN REFERENGEPI. Bk. 10, P9. 49 RyE�Mg6 ON WRRENT OFdIB.ANO "5 OF REWPO. 51 n yMOg 1®.35220 ASSESSIXI5 REFERENCE BB 2x1 PLW IS NO RFPREgx1ED TO BE Ttn[� MAP:424.2 PARCEL: szwlxnnox OR A RECOROABL[ WR y I NfliFOY CERTFY 10 THE BST OF MY IMVMEOOE PREPARED FOR: n1AT TIE PREInsPS s1OYM W! 1N6 PLAN AflE - LYNNE M. BOLTON LOCATED 'MTXM lNE •6 E As MLxE11FP Ox THE RwM" MAP OFCOMduxltt xa a5OZJ0; c /j9 f} NANNCNET SUR4EYOR5 D.0 MASS FTTCCnvB:s -s -W' BY lHE FzMRAL ELFxOtNCV uPNPCEMFNT AGENCY. RENSED ] -2 -92 •��ff 5 WINDY NANTUCKET, WAY MA 02554 (9:. MAP LOCATCN) N -10206 COPYNCAT 3Y NpNNCNET SUR`2YOR5. LLG N.B. 20]/19 i and Properly lnfonnation Propenyl0 424200 Location 5 N WATER ST Owner RANNEY H FLINT B CHFRRON awl MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT The Toen mdkea nn Galma end no wenames, expressed or Implied, wnmrning Me relimry or ..re, of Ne GIS del. presented on mi. map. Parcels epdared Oewmber, 2012 December u TOWN OF NANTUCKET z s BOARD OF APPEALS m NANTUCKET, MASSACHUSETTS 02554' m - o Z N Date: March 19,2014 ca To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 006 -14 Owner /Applicant: Lynne M. Bolton as Owner, and Nantucket Theatre Institute Inc. 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. L l 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 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 42.4.2 — 88 5 North Water Street Commercial Down Town DECISION: Deeds Book 1359, Page 96 Plan Book 10, Page 49 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, January 9, 2014, at 1:00 P.M., 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of the Nantucket Theatre Institute, Inc. for land owned by Lynne M. Bolton, c/o Reade, Gullicksen, Hanley and Gifford, LLP, 6 Youngs Way, Post Office Box 2669, Nantucket, Massachusetts 02554, File No. 006 -14. 2. Applicant requested Variance relief under Section 139 -32 from Sections 139 -2 and 139 -7(A), to the extent necessary, to allow a tent to be erected for longer than 30 days per calendar year. 3. The locus, 5 North Water Street, Nantucket, Massachusetts is a lot of approximately 8070 SF in the Commercial Down Town zoning district. It has a two story structure and a one story structure. The rear of the single story structure is as close as 2.6 +/- feet from the lot line where a 5 foot setback is required. The lot is the subject of Special Permit relief granted in ZBA file 73 -86 and recorded at Book 260, Page 336, allowing for the change of use from retail to real estate office (the use was previously nonconforming. The Lot also has Special Permit relief granted in ZBA file 25 -92 and recorded at Book 387, Page 113 allowing for an addition to the smaller building (which was not built) and waiving related parking requirements. The lot also had Variance relief under Section 139 -32 and 139 -7 to allow a tent to be erected for longer than 30 days per year, as provided in ZBA file 22 -13, as recorded in Book 1388, Page 241, and extending in File 61 -13, which ran concurrent to a Major Commercial Development Special Permit issued by the Planning Board in PB file 5 -13, as recorded in Book 1388, Page 342. The nonconformities pre-exist the 1972 adoption of the Nantucket Zoning By -law. The locus and structures thereon are conforming in all other respects. 4. Our decision is based upon the application and accompanying materials, representations, and testimony received at our public hearing. There was no Planning Board recommendation on the basis that no matters of planning concern were presented. 5. Attorney Steven Cohen represented the Applicant at the hearing. Attorney Cohen explained to the Board that the Applicant still plans to establish a permanent theatre and arts facility at 5 North Water Street, as suggested last year. Attorney Cohen noted that they are returning to the ZBA a second time due to the permitting process taking longer than anticipated. During the design phase, the Applicant seeks to begin limited activities using the existing structures and a tent that will seat up to 80 people and enclose the stage. The tent is proposed for performances and theater and art associated activities, and may also be used by third parties for similar purposes. Tent is an allowed use in the CDT zoning district, but use of the tent May 15 through October 15, 2014 exceeds the maximum allowance of thirty (30) days per calendar year. The Applicant does not plan to make recurring or long term use of the tent, and confirms that they do not intend to return to the ZBA for a third year. Therefore, Applicant requested Variance relief under Section 139 -32 from Sections 139 -2 and 139 -7(A), to the extent necessary, to allow a tent to be erected for longer than 30 days per year. Applicant is applying for Special Permit relief to the Planning Board for a Major Commercial Development for the majority of its activities, but the Zoning Board of Appeals is the sole permit granting authority for Variances. Mr. Cohen also noted that most of the concerns raised by the neighbors were matters for the Planning Board and the Historic District Commission, which would soon be hearing applications for the project. 5. Therefore, after a discussion with the agent for the Applicant, the Board finds that the extension of time sought by the Applicant meets the standard in Section 139- 32(A), and that the use of a tent is permitted in the zoning district, as required by Section 139- 32(B)(2). Extension of the time limitation in this case does not nullify or substantially derogate the intent of the bylaw and the interim use of a tent for seasonal activities in a commercial district by a theatre and arts entity during the design and construction phase of its facility would not be substantially detrimental to the neighborhood, but failure to grant the Variance would have a substantial hardship on the Applicant and a negative impact on the community and downtown area The Board notes that similar relief was twice granted nearby to the Nantucket Dreamland Foundation at 17 South Water Street. The board also discourages the applicant from seeking such Variance relief in the future, as Applicant stated last year (2013) that this would be a one- time request and the Board is reluctantly granted the requested relief for a second season. 6. Accordingly, by a unanimous vote of the sitting Board, the Board of Appeals grants a Variance for the relief sought by the Applicant pursuant to Nantucket Zoning Bylaw Section 139 -32 from Sections 139 -2 and 139 -7(A), in order to erect a tent for longer than 30 days in a calendar year, with the following conditions: 1) The relief is only from May 15, 2014 until October 15, 2014. 2) The performances for the public are allowed for 7 days a week. 3) Evening theatrical performances for the public shall not start prior to 5:00 pm and shall end by 9:30 pm. All tent operations on the site shall end by 10 pm. 4) Except for entrances/exits, the side flaps of the tent shall remain installed and stay down during performances. 5) There shall be no electronic amplification of the actors in the theatrical performances, but other amplification, such as background music and sound effects, is permitted. 6) There shall be 5 foot setbacks for the side walls of the tent on the two street sides. 7) Tent stakes shall not be installed over the lot line. Assessor's Map 42.4.2 — 88 5 North Water Street Commercial Down Town Deeds Book 1359, Page 96 Plan Book 10, Page 49 8) The tent is to be no larger than 30' by 50' and shall enclose the stage. 9) Ticket sales limited to eighty (80) tickets for each performance. 10) No activities within the tent shall take place before noon. 11) There shall be no queing of patrons on the sidewalk, and the Applicant shall seek to minimize crowding of patrons on surrounding properties and streets. A staff person shall be available before and after scheduled events /activities to assist with directing patrons away from surrounding streets and sidewalks and into the interior of the site. 12) No ticket sales shall be permitted outdoors or in the tent. 13) Use of the locus by third parties shall be limited to uses with a comparable neighborhood impact or other educational/artistic uses, but not for events such as weddings, parties, or other similar functions. 14) No food produced or sold on site. 15) No non - employee or agent rental of the residential apartment and no commercial rental of any parking spaces. 16) On -site parking shall only be used by Applicant's employees and agents, except for arranged parking provided for performance or function attendees with special needs. The driveway shall be blocked with rope, saw horses, or other type of barricade to prevent unauthorized use of the parking area Staff shall manage the parking area to ensure compliance with this condition. 17) Applicant shall provide Nantucket Regional Transit Authority (NRTA) passes to all employees. 18) Applicant shall install a minimum of one (1) bike rack on the site. SIGNATURE PAGE TO FOLLOW Dated: 12014 Lisa Botticell1 k Poor COMMONWEALTH OF MASSACHUSETTS Nantucket, as. M DLKC 11, 2014 On this - a day of N �Iv -2014, before me, the undersigned Notary Public, personally appeared OJW, S6 (V 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. Nc)'xy Public: My commission expires: LYNELL D. VOLLANS �� Notary Public �CemmonN.tar of hlossachvseHs My Commission Expires December 18, 1018