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, 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.