Loading...
HomeMy WebLinkAbout101-88Imo/ ^S'�2 , TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 025_54 Re: Decision in the Application of Enclosed is a notice of the Decision of the BOARD OF APPEALS which has this day been filed with the Town Clerk. Any appeal from this action shall be made pursuant to Section 17 of Chapter 40A of the General Laws, and shall be filed within twenty (20) days after this date. William R. Sherman, Chairman BOARD OF APPEALS cc: Building Commissioner Planning Board Town Clerk BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MA 02554 Decision: The Board of Appeals, at a Public Hearing held on Friday, November 18, 1988 at 1:00 P.M., in the Town and County Build- ing, made the following decision upon the Application of the Museum of Afro - American History, Inc. (101 -88) address 46 Joy Street, Boston, MA 02114. 1. Applicant seeks a variance under Section 139 -32A to allow the conveyance of an undersized lot out of common owner- ship with an adjoining parcel. The premises are known and numbered as 27 and 29 York Street, Assessor's Parcels 55 -.41 -177/ 178 zoned Residential Old Historic. The owner William C. Higginbotham submitted written authorization for the Museum's Application. 2. Based upon the Application, supporting documents, correspondance and testimony, we find that the owner inherited 27 and 29 York Street from his mother in 1972. The owner's mother had acquired the properties as two separate parcels in 1920 and 1933 respectively and the property is still shown as two parcels on the assessors map. The property at 29 York St. is the site of the African Baptist Church whichhas great his- torical and architectural significance. The owner intends to convey to the Museum only the property that was originally the Church parcel which contains approximately 4,790 square feet. The boundary line between the two properties is clearly defined by the deed descriptions and an old fence line. The area is zoned for 5,000 square foot minimum lot size. 3. The Church structure is in serious need of repair and restoration. The Museum intends to restore the structure and maintain it as an historic site with exhibits on Nantucket Black Heritage. 4. The Board finds that there are circumstances specifically relating to this particular land and structure which specifically affects such land and structure, but does not generally affect the zoning district. Literal enforcement of the by -law would involve a substantial hardship by preventing a non - profit organization from acquiring an historic site for restoration. Relief can be granted without substantial detriment to the public good and without null- ifying or substantially derogating from the intent or purpose of the by -law. The Board finds that variance relief can be granted provided r that the building be used for museum purposes and that no dwelling shall be permitted on the premises et :Z4 Y,,: -k Srre� 5. The Applicant also request a Temporary Permit under Section 139 -26H to renovate and maintain the historic church structure against further deterioration. 6. Accordingly, by Unanimous vote, for the reasons set forth above and upon the terms and conditions set forth herein, the Board of Appeals grants the Applicant Variance relief and a Temporary Permit under Section 139 -26H. Dated: December o?- , 1988 J NANTUCKET ZONING BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 November 3, 1988 NOTICE A public hearing of the Board of Appeals will be held on Friday, November 18, 1988, at 1:40 p.m. in the Town and County Building, Nantucket, on the Application of: MUSEUM OF AFRO - AMERICAN HISTORY, INC., for itself and owners WILLIAM (aka Wilhelm) C. and ANGELEEN CAMPRA HIGGINBOTHAM, Board of Appeals File No.101 -88, seeking a Variance from the 5,000 SF minimum lot -size requirement of Section 139 -16A to validate the about 4790 SF lot at 29 York Street as separately buildable and so marketable apart from 6793 SF lot at 27 York Street; or a finding that no technical merger of the lots occured while in common ownership as owned by and inherited from Florence Higginbotham; also authorization of a Temporary Permit under Section 139 -25H to renovate the historic church structure against further deterioration. The premises at 29 York Street (Assessor's Parcel 55.4.1 -178) contain the historic African Baptist Church and, at 27 York Street (Parcel 55.4.1 -177), a single- family dwelling said to pre -date zoning, and are zoned Residential -Old Historic. William R. Sherman, Chairman 1 /,,/ BOA Form .1 -8.7 No: - ARPELCATION' NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") Owner's name(s): WILLIAM C. HIGGINBOTHAM AND ANGELEEN CAMPRA.HIGGINBOTHAM Mailing address: 6712 Flora Street, Oakland, California .9,4,621 Applicants name Museum of Afro - American History, Inc. Mailing address: 46 Joy Street, Boston, MA 02114 Location of lot(s): Assessor's map and parcel:541-177 and -178 Street address 27 and 29 York Street Registry LC PL, PL BK & PG, PL FL NONE Lot _ Deed Ref. 145/22 Subdivision Endorsed _ /_' /_ ANR? Date lot(s) acquired: _ /_ /_ Zoning district ROH Number of dwelling units on lot(s): Rental guest Rooms Commercial use on lot(s): None MCD? N/A Building date(s): all pre -172 zoning? YES or Building permit application-Nos. and dates N/A C of 0? Case No(s). or.dates all prior BOA applications: None State fully all zoning relief sought together with all respective Code sections and subsections, specifically, what you propose compared with present and what grounds you urge, for BOA to make each finding per:Section 139 -32A if Variance, -30A if Special Permit# -33A if to alter or extend hon- conforming use, or to reverse Building Inspector byyAppeal per -31A & B: See a acbe -sheet Enclosures fozming part of this Application: Supplement bo :above Site /plot plan(s) 4 with present /px7o;wvmkstructures Locus map 4 Floor plans present /proposed AppeAl,:record' Needed: areas frontage setbacks GCR% :.parking data Assessor's certified addressee list (4 9ets)erx• •Maifin labe10.•2.•,sa is x Fee check for JURIbi,payable to Town of Nantucket <CCap" covenant I certify that the requested information submitted is substantially complete and true-to the best of my knowledge'-Under pains'and penaltiesiof perjury., Signature: Applicant Attorney /agent x (If not owner, show basis for authority tb ^appiy�)', FOR OFFICE USE Application copies received: 4 or only ) for BOA l2 /�Q /by One copy given Town Clerk &L /Wby _ - { —`�'-' Complete? v One copy sent to Plending Board and to Buildin ept. C/ by $150.00 check given. Town Treasurer �j/ 1 /� y Notices of hearing posted /L / mailed / ublished Hearing(s) held on _ 3 / /_ /_ continued to _ /_ / _/ / .• withdrawn? Decision made _ /_ /_ filed with Town Clerk _ /_ /_ mailed _ /_ %_ See related files: application - litigation - other M To permit the owner to convey the property at 29 York Street known as the African Baptist Church, to the Applicant, The Museum of Afro - American History, Inc., Variance relief pursuant to Section 139 -32A is requested to cure a technical merger of the properties at 27 and 29 York Street. Based upon deed descriptions, assessor's records and existing fence line of the property, it appears that the 29 York Street property has continuously consisted of approximate- ly 4.790± square feet of land. Since this is an undersized lot and the abutting property at 27 York Street was held in con- tiguous ownership, a technical zoning merger may have ocurred. Both 27 and 29 York Street were inherited by the owners from the Estate of Florence Higginbotham. The property was origin- ally two parcels when acquired by Florence Higginbotham. The Museum's purpose in acquiring the property is to re- store the African Meeting House for preservation as an Historic site. 4 WAYNE F. HOLMES WILLIAM H. HAYS III JULIE A. FITZGERALD LAW OFFICES HOLMES, HAYS & FITZGERALD 35 CENTER STREET NANTUCKET, MASS. 02554 October 28, 1988 Mr. William Sherman, Chairman Board of Appeals Town & County Building Nantucket, MA 02554 RE: Premises: 27 - 29 York Street Owner: William C. Higgenbotham, et ux Dear Mr. Sherman: I am requesting that the Application be amended by adding the following language: Relief is requested to authorize the Building Inspector to issue a temporary permit to maintain, repair and /or renovate the structure as may be reasonably necessary to protect and secure the property from the elements and to prevent further deterioration ofthe historic site. The request is a result of a telephone conference with the Building Inspector. He advised me that he probably could not issue a building permit to repair the structures because it has lost any grandfathering by non -use and zoning relief may be necessary to authorize the proposed use as an historic site. If you have any questions, please feel free to contact me. Very truly yours, Julie A. Fitzgerald JAF /sdb cc: Kenneth E. Reeves, Esq. Ms. Joanne M. Holdgate, Town Clerk AREA CODE 517 228 0052 M LAW OFFICES HOLMES, HAYS & FITZGERALD 35 CENTER STREET NANTUCKET, MASS. 02554 WAYNE F HOLMES WILLIAM H. HAYS III JULIE A. FITZGERALD IN HAND Mr. William Sherman, Chairman Board of Appeals Town and County Building Nantucket, MA 02554 RE: Premises 27 and 29 York Street Owner: William C. Higginbotham et ux Applicant: Museum of Afro - American History, Inc. Dear Mr. Sherman: Enclosed for filing please find the following: 1. Application plus three (3) copies; 2. Abutter List plus three (3) copies; 3. Two (2) sets of mailing labels; 4. Four (4) copies of the plot plan; and 5. Four (4) copies of the Assessor's map. On behalf of the Applicant we are requesting a waiver of the filing fee. Kindly notice this matter for your next hearing date. Very truly yours, Julie A. Fitzgerald JAF /mc enc (s) CC: Kenneth E. Reeves, Esq. Ms. Joanne Holdgate, Town Clerk AREA CODE 617 225 -0052 BOA Form 1 -8.7 I Noy - ARPELCATION'� NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") Owner's name(s): WILLIAM C. HIGGINBOTHAM AND ANGF.LEEN CAMPRA.HIGGINBOTHAM Mailing address: 6712 Flora Street, Oakland, California 94,621 Applicant's name : Museum of Afro - American History, Inc. "Mailing address: 46 Joy Street. Boston, MA 02114 Location of lot(s): Assessor's map and parcel:5541 -177 and .178 Street address 27 and 29 York Street Registry LC PL, PL BK & PG, PL FL NONE Lot Deed Hef. 145/22 Subdivision Endorsed _ /_' /_ ANR? Date lot(s) acquired: _ /_ /_ Zoning district ROH Number of dwelling units on lot(s): Rental guest Rooms Commercial use on lot(s): None MCD? N/A Building date(s): all pre -'72 zoning? YES or Building permit application-Nos. and dates N/A C of 0? Case No(s). of.dates all prior BOA applications: None State fully all zoning relief sought together with all respective Code sections and subsections, specifically, what you propose compared with present and what grounds you urge, for BOA to make each finding per;Section 139 -32A if Variance, -30A if Special Permit] -33A if to alter or extend bon- conforming use, or to reverse Building Inspector byyAppeal per -31A & B: - S a attached heet Enclosures forming part of this Application: Supplement bo'above Site /blot plan(s) 4 with present /ipxmTpmme*structures Locus map 4 Floor plans present /proposed Appeal; record,' Needed: areas frontage setbacks GCR% parking dgta Assessor's certified addressee list (4 set6)ct'X. .Meifiti label'. 24s is X Fee check for x$H payable to Town of Nantucket t:Cap" covenant I certify that the requested information submitted is substantially complete and true-to the best of my knowledge..under pains'and penaltiesiof perjurp.j Signature: ` Applicant _ `: Attorney y /agent x (If not owner, show basis for authority=tb:apptk.);- FOR OFFICE USE Application copies received: 4((or only ) for BOA _/ /_ by One copy given Town Clerk _ /_ /_ by Complete? One copy sent to Planding Board and to Building Dept. by $150.00 check given -Town Treasurer _ /_ /_ by Notices of hearing posted _ /_ /_ mailed _ /_ /_ published Hearing(s) held on _ /_ /_ continued to viithdrawn? Decision made _ /` /_ filed with Town Clerk _ /_ /_ mailed See related filest application - litigation - other To permit the owner to convey the property at 29 York Street known as the African Baptist Church, to the Applicant, The Museum of Afro - American History, Inc., Variance relief pursuant to Section 139 -32A is requested to cure a technical merger of the properties at 27 and 29 York Street. Based upon deed descriptions, assessor's records and existing fence line of the property, it appears that the 29 York Street property has continuously consisted of approximate- ly 4.790± square feet of land. Since this is an undersized lot and the abutting property at 27 York Street was held in con- tiguous ownership, a technical zoning merger may have ocurred. Both 27 and 29 York Street were inherited by the owners from the Estate of Florence Higginbotham. The property was origin- ally two parcels when acquired by Florence Higginbotham. The Museum's purpose in acquiring the property is to re- store the African Meeting House for preservation as an Historic site.