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Home My WebLink About036-14 57 Prospect StreetTOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Fee: $450.00 File No-3k-A4 Nantucket Cottage Hospital Owner's tmme(s): Mailing address, Prospect Street; Nantucket MA 02554 Phone Nutnber: 508-825-1088 F(Mo. fkovac @partners.org Applicant's natne(s): Frank Kovac as representative for Nantucket Cottage Hospital Mai ing Address: 57 Prospect Street; Nantucket MA 02554 PhoneNutnbet: 508- 825 -1088 E -Maih fkovac @partners.org Locus Add.,: 57 Prospect Street Assessor's Map /Parcel: 5513 Land Court Plan /Plan Book & Pagc /Plan File No.. 24831 -A Deed Reference /Certificate ofMtle: '#3802 Zoning District Rl Uses on Lot- Corran rciaL None_ Yes (describe) Hospital ResidentiaL Number of dwellings Duplex Apartments Date of Structure(s): all pre -date 7/72 x or Building Permit Numbers: NA Previous Zoning Board Application Numbers: NA 2 paisgrounds Road Naatucket Massachusetts 02554 $08 -228 -7216 teleph o ue 508 - 228 -7298 fae•isaile State below or attach a separate addendum of specific special pemtits or variance relief applying for: Applicant requests varience 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. I cerdfy, that the information contained herein is substantially complete and true to the beat of my knowledge, under the pains and penalties of perjury. SIGNATURE• /✓ "r^^'6� ��` "`^-'^- Iwner" SIGNATURE: Applicant /Attorney /Agent* *If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency. OFFICE USE ONLY Application received on:_ /J_ By:_ Complew— Need Copies:_ Filed with Town Cleric--_ planning Board - -_ Building Dept:—/ -_ By:_ Fee deposited with Town TtessurenJJ_ By:_ Waiver requested:_ Granted:—/—/_ Heating notice posted with Town Cleric—L/— Mailed;--_ I&MJJ_ &_/_ /_. Hearing(s) held on:J_/_ Opened on :J_/_ Continued to :JJ— Withdrawn : -_ /_ Decision Due By:JJ_ MadcJJ_ Filed w/Town Clerk_/_/_ Mailed,—J—/_ 2 Fairgrounds Road Nantucket Ma e e achnaetts 02554 508. 228.7215 telephone 508- 228 -7298 facsimile AIJ g. l l it 1 I lw wr ssi ffi bw q� ' II bn, ho a A a,.t b 7 ssa o L ,»w ssw l Property Inb matlon PropertylD 553 Lo.Oon 57 PROSPECT Si OWnei NANTUCKET COTTAGE HOSPITA s MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT Th. Tmvn make. no W Im6 end ro rramie.. sxpr. dor ImPlW, wnc inp Ne validity or ..ra, M IM GIS dale pmmnled on Ni. map. Pala update. 0e mW Ml 1, LU 19 F �Y s i I 1; �w -vbn CONDIliONS AS OF 3/22/2002 UNLESS NOTFA OTHEft1MSE ASBUILT PLOT PLAN h NANTUCKET, MASS. suer -s mm mpgmv l4sme�w �T n. vyy� sw 1 l4lF naSC� Wt u�4 tW.o3x x�. mxe ¢ c¢aiumxs d �e rvm."ur�yw� w .emu�a ® ott w AVE n. vyy� sw 1 l4lF naSC� Wt u�4 tW.o3x x�. mxe ¢ c¢aiumxs d �e rvm."ur�yw� w .emu�a ® ott w IL To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 036 -14 Current Owner /Applicant: NANTUCKET COTTAGE HOSPITAL, INC. 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. 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. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 2 FAIRGROUNDS ROAD NANTUCKET, MA 02554 Assessor's Map 55, Parcel 3 57 Prospect Street Commercial Neighborhood (CN) DECISION: Certificate of Title No. 3802 Land Court Plan 24831 -A 1. At a Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS held at 1:00 p.m., Thursday, June 12, 2014, 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of NANTUCKET COTTAGE HOSPITAL, INC., 57 Prospect Street, Nantucket, Massachusetts 02554, File No. 36 -14. 2. Applicant seeks Variance relief pursuant to Zoning Bylaw 139 -32 from the requirements contained within the definition of "tent" in Zoning Bylaw Section 139 -2 to allow the "tent" to be erected for longer than thirty (30) consecutive days. Pursuant to Section 139 -7.A, a tent is an allowed use in the Commercial Neighborhood zoning district, but use of the tent from July through September, 2014, exceeds the maximum allowance of thirty days per calendar year. The Applicant does not plan to make recurring or long term use of the tent. The tent's installation site will be dimensionally compliant. The Locus is situated at 57 Prospect Street, is shown on Nantucket Tax Assessor's Map 55 as Parcel 3, as Lot 10 on Land Court Plan 24831 -A, and evidence of owner's title is recorded Certificate of Title No. 3802 on file at the Nantucket County District of the Land Court. The property is zoned Commercial Neighborhood (CN). 3. The Decision is based upon the Application and accompanying materials, representations, and testimony received at the public hearing. Locus benefits from Special Permit relief from the Planning Board for a Major Commercial Development (MCD No. 01 -97), but the Zoning Board of Appeals is the sole permit granting authority for Variances. At its monthly hearing on June 9, 2014, The Planning Board made a positive recommendation for the granting of the Variance. There was no opposition, written or oral, to the application. Marianne Hanley spoke in favor of the granting of the Variance, citing the educational use of the tent by a non -profit organization. 4. Frank Kovac, Facilities Director for the Nantucket Cottage Hospital, represented the Applicant at the hearing. Mr. Kovac explained to the Board that the Applicant proposes to use the 20 X 40 SF tent from July through September 2014 for the purposes of community outreach programs, such as physician lectures for staff and/or patients, during the hospital's normal hours of operation (9a.m. to 5p.m.). The tent will be sited on a vacant and unused portion of the premises adjacent to the Founders Building. There will be no formal catered events or functions, no food, lighting, no additional parking needs, and no amplification of noise as a result of the installation and use of the tent. 5. Therefore, after discussion with Applicant's representative, the Board made the finding 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 this Commercial Neighborhood district by a non - profit entity for outreach programs and educational purposes would not be substantially detrimental to the neighborhood. 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: a. The relief is from July through September, 2014. b. All tent operations on the site shall take place during normal hours of operation for the hospital (9a.m. to 5p.m.). c. There shall be no electronic amplification or lighting, no catered events, and no serving of food. d. There shall be five (5) foot setbacks for the side walls of the tent on the side abutting the westerly lot line. e. Tent stakes shall not be installed over the lot line. SIGNATURE PAGE TO FOLLOW Assessor's Map 55, Parcel 3 57 Prospect Street Residential — 1 (R -1) Dated: JVYU 23, ,o ! Certificate of Title No. 3802 Land Court Plan 24831 -A Kerim oseatac Michael Angelostro COMMONWEALTH OF MASSACHUSETTS Nantucket, ssd On the 23" day of �,IV 2014, before me, the undersigned notary public, personally appeared ww� d - ro o Le._ , one of the above -named members of the Zoning Board of Appeals of Nantucket, Massachusetts, personally known to me to be the person whose name is signed on the preceding document, and acknowledged that he signed the foregoing instrument voluntarily for the purposes therein expressed. Notar Public: LYNELL D. VOLLANS My Commission E s: Notary Public ! _orhrnGnwea{th of MassachusCIS 1;{ 4 My Commission Expires December 28, 2018