HomeMy WebLinkAbout040-89TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
August 16 , 198 9
File No. 040 -89
To: Parties in interest and others
Re: Decision in the Application of
THE PACIFIC NATIONAL BANK OF NANTUCKET, APPLICANT AND OWNER AND THE
INHABITANTS OF THE TOWN OF NANTUCKET
Enclosed is the decision of the Board of Appeals which has this
day been filed with 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 court
within twenty (20) days after this 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.
William R. Sherman, Chairman
cc: Building Commissioner
Planning Board
Town Clerk
, 0
BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, MASSACHUSETTS
nRrTSTnN
The BOARD OF APPEALS, at a public meeting duly called and
held on Friday, July 21, 1989, at 1:00 P.M., at the Town and
County Building, Broad Street, Nantucket, entered the following
decision upon the application of PACIFIC NATIONAL BANK OF NANTUCKET,
Applicant and Owner, and INHABITANTS OF THE TOWN OF NANTUCKET,
Owner, c/o Pacific National Bank of Nantucket, 61 Main Street,
Nantucket, Massachusetts 02554, (040 -89):
1. Applicant requests a variance from the side yard setback
requirement of five (5) feet, under Nantucket Zoning By -law Section
139 -16.0 (Intensity Regulations - side yard setback) as to the
premises owned by Applicant and adjacent premises owned by the
Inhabitants of the Town of Nantucket, in order to enable the
siting of outside teller machines and protective canopy, astraddle
the boundary line between Applicant's parcel and the Town's parcel.
Applicant proposes to lease the right to erect and maintain these
structures in part upon the Town's parcel. Applicant also needs
a variance from Nantucket Zoning By -law Section 139- 18.F.(1)(c)
(Off- street parking requirements - driveways) to enable Applicant
to place the driveways to the proposed project within 100 feet of
existing driveways. The premises are situated at 21 SPARKS AVENUE
and 131 PLEASANT STREET (Assessor's Parcels 55 -269.2 and 55 -270),
are shown as Lot 2 on Land Court Plan 35560 -B and Lot •6 on Land
Court Plan 35560 -D, and are zoned as RESIDENTIAL - COMMERCIAL.
2. The Board's findings are based upon the application and
accompanying papers, including a site plan and revisions, locus
map, and Land Court plans, and testimony and representations
submitted at the public hearing.
3. As shown on the submitted plans, the existing building
upon the premises would be expanded by the addition of three
drive -up teller facilities to be located under a protective canopy
on its east side. The easternmost teller facility and a portion
of the canopy will be located on the Town's parcel within a strip
of land 20 feet wide, now subject to an easement in favor of
Applicant and Applicant's direct abutters to the west, Stephen R.
Karp et al, Trustees of Sparks Avenue Center Trust ( "Center Trust ").
This teller facility and portion of the canopy will not meet the
side yard setback requirement on the Town's parcel (Lot 2). The
middle teller facility and the portion of the canopy covering it
will not meet the side yard setback requirement on Applicant's
premise "s (Lot 6). Access to the new facilities will be gained by
a 20 foot wide one -way driveway entering from Pleasant Street and
exiting onto Sparks Avenue. Two new catch basins will be installed
at the edge of the driveway with Sparks Avenue. The existing
outside teller facilities and protective portico are to be removed,
and five additional parking spaces are to be provided on the
southern side of the premises for employee parking during bank
hours.
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4. At the public hearing, the Police Chief, the Fire Chief,
a member of the Traffic Safety Commission, and various
representatives of Applicant all represented that a public safety
hazard exists as a result of lines of entering and exiting traffic,
using and waiting to use Applicant's present teller facilities,
blocking the principal exit from the Fire Department station
facing Sparks Avenue. These representatives all represented that
the relief should and could be granted without substantial detriment
to the public good. The Planning Board's recommendation was
favorable with several suggestions addressed in this decision.
No objections to the application were presented. However, although
drive -in banking is a permissible use under the Nantucket Zoning
By -law in this zoning district, one Board member voiced the same
concerns that he had raised in opposition to the Temporary Permit
under Section 139 -26.H recently obtained by Applicants, namely, �,UA%TQC
that drive -in banking was inappropriate at this location; --ts cy�"
the relief asked would only yield a short -term improvement in j
congestion; hence, relief should be time limited to allow
reassessment by the Board. Also he noted that formal Town approval
of the request for relief was requisite because its land was
impacted.
5. Applicant persuaded the Board that the required relief
for this project is necessary and will result in a benefit to the
public in that a dangerous condition causing traffic hazards and
potentially preventing fire department apparatus from responding
to an emergency will be alleviated.
6. As the statutory prerequisite findings for grant of
variance relief, the Board was, with great difficulty, persuaded
that such relief was appropriate in this matter; however, this is
a close case, and the decision to grant relief is based primarily
upon the peculiar circumstances of the case. Rather than being a
precedent in other side yard setback cases, the Board cautions
that this decision is based upon the limited and unusual fact
pattern presented here.
7. Upon all the .facts presented, the Board finds that,
owing to circumstances relating to the soil conditions, shape, or
topography of the land and structures constituting the premises
(specifically, the shape, size, and location of the existing
structure upon the lot, the limited nature of the access to the
premises, and the existence of the narrow easement area) and
affecting especially the premises but not affecting generally the
zoning district in which the premises are located, a literal
enforcement of either the side yard setback or driveway separation
requirement of the By -law would involve. substantial hardship
(consisting of the continuance of a dangerous traffic nuisance
and the impossibility of alleviating such situation by expansion
or redesign) and that desirable relief, in the form of a variance
from both the side yard setback and driveway separation requirements
of the By -law, may be granted without substantial detriment to
the public good (because of the public benefit to be derived from
the removal of a serious public safety hazard) and without nullifying
or substantially derogating from the intent or purpose of the
By -law.
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
July 7 , 198 9
File No. (090 -89)
To: Parties in interest and others
Re: Decision in the Application of
PACIFIC NATIONAL BANK OF NANTUCKET /TOWN OF NANTUCKET
TEMPORARY PERMIT
Enclosed is the decision of the Board of Appeals which has this
day been filed with 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 court
within twenty (20) days after this 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.
c
William R. Sherman, Chairman
cc: Building Commissioner
Planning Board
Town Clerk
BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, MASSACHUSETTS
DECISION GRANTING TEMPORARY PERMIT:
The BOARD OF APPEALS, acting at a public meeting duly called
and held on Friday, June 23, 1989, at 1:00 P.M., at the Town and
County Building, Broad Street, Nantucket, entered the following
decision upon the application of PACIFIC NATIONAL BANK OF NANTUCKET
(040 -89) for a Temporary Permit under Nantucket Zoning By -law
Section 139 -26.11:
1. The applicant has filed an application with us for a
variance from the side..yard setback requirement of five (5) feet,
as to the premises owned by the applicant and adjacent premises
owned by the Town of Nantucket., in order to enable the siting of
outside teller machines and protective canopy, astraddle the
boundary line between the applicant's parcel and the Town's parcel;
the applicant proposes to lease the right to erect and maintain
these structures in part upon the Town's parcel. The premises
are situated at 21 SPARKS AVENUE and 131 PLEASANT STREET (Assessor's
Parcels 55 -269.2 and 55 -270), are shown as Lot 2 on Land Court
Plan 35560 -B and Lot 6 on Land Court Plan 35560 -D, and are zoned
as RESIDENTIAL - COMMERCIAL.
2. Under Section 139 -26.11, we are empowered to authorize a
"temporary permit" for a nonconforming structure which we deem
necesary to "promote the proper development of the community ",
subject to annual renewal for a total period not to exceed three
years, and with the nonconforming structure to be removed upon
expiration of the permit. without cost to the Town. As reason for
granting this temporary relief without requiring the applicant to
wait for favorable action upon its application for variance, and
expiration of the appeal period, before proceeding with the proposed
work, the Police Chief, a representative of the Fire Chief, and
the representatives of the applicant all represented to us that a
public safety hazard will exist if the proposed facility cannot
be made operational before the peak of the 1989 summer season, as
a result of lines of traffic waiting to use the applicant's
present teller facilities and blocking the principal exit from
the Fire Department station facing Sparks Avenue.
3. We express no opinion upon the merits of the applicant's
variance request., but by concurring vote of four members, one
(Sherman) voting in dissent, we hereby grant the requested Temporary
Permit, to enable construction of the proposed outside teller
machines and canopy, substantially in accordance with the plans
submitted to us or as modified at the request of the Nantucket
Historic District. Commission subject to the following conditions:
(a) The applicant shall have secured the necessary lease
from the Town to construct the portion of the proposed facility
to be located on Town -owned land;
(b) The applicant shall proceed with the application
for variance, scheduled to be heard by us on July 21, 1989;
(c) The temporary permit shall expire upon the first
to occur of:
(i) Denial of the applicant's request for a variance;
-2-
(ii) Registration by the applicant of a certified copy
of our decision granting the requested variance pursuant
to General Laws, Chapter 40A, Section 11; or
(iii) The first anniversary of this decision; and
(d) In the event that the requested variance is denied, or
in the event that the applicant does not proceed under a
granted variance, whether because of conditions it deems
onerous or otherwise, the applicant shall forthwith remove
all structures erected hereunder at its own expense; it
being recognized by the applicant that it proceeds at its
own risk in constructing any of the proposed improvements
prior to registration of a certified copy of a decision
granting variance relief in the application to be heard by
11S .
Dated: 1989
EJW /79 /PNBSP
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R. $ en
. Leichter
Michal�l J. O'Mara
Ann G Balas
vid egget
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NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554
July 7, 1989
NOT1-CE
A Public Hearing of the BOARD OF APPEALS will be held
on FRIDAY, JULY 21, 1989 at 1:00 p.m. in the Town and County
Building, Nantucket, on the Application of:
PACIFIC NATIONAL BANK /TOWN OF NANTUCKET
Board of Appeals File No. 040 -89
seeking a VARIANCE from the required side yard setback of 5 feet
under SECTION 139 -16C, to enable construction of an outside teller
facility with canopy, straddling the lot line between land own('
in fee by the Bank and Town land in which the Bank claims the riuht,
by easement and lease, to construct such a facility.
The premises are located at 21 SPARKS AVENUE and 131 PLEASANT STREET,
Assessor's Parcels 55 -269.2 and 55 -270, Lot 6 on Lana Court Plan
35560 -D and Lot 2 on Land Court Plan 35560 -B, and are zoned
RESIDENTIAL- COMMERCIAL.
r
William R. Sherm , C'lairman
BoA Form
1 -89
NANTUCKET ZONING BOARD OF APPEALS
Date
TOWN AND COUNTY BUILDING
NANTUCKET, NA 02554
CASE
No.7
APPLICATION FOR RELIEF
Owner's
name(s) :
Pacific National Bank of Nantucket; Town of Nantucket.
c/o Reade & Alger Professional Corporation; 6
Young's Way,
Mailing
address:
pest Off ic-P Rnx_ jcket, Massachusetts
02584
Applicant's name:
Pacific National Bank of Nantucket
Reade & Alger Professional Corporation; 6
Young's Way;
Mailing
address:
c/o
Post Office Box 2669 • Nantucket Massachusetts 02584
Location of lot: Assessor's map and parcel number 55 - 269.2; 270
Street address: 21 Sparks Avenue;
Registry Land Ct Plan, Plan Bk &
Cert.
Date lot acquired: �_J_ 8j 79 -Beed
12/12/75, Cert.
Uses on lot - commercial: None _
131 Pleasant Street
864 1or Plan File 35560_D, Lot—Z-
Ref - _, Zoning district R -C
7533
or Branch bank MCD ?�_
- number of: dwellings 0 duplex-- apartments -- rental rooms_
Building date(s): all pre -8/72? No or 1979 C of 0?-Yes
Building Permit appl'n. Nos. 1084-7c)
Case Nos. all BoA applications, lawsuits:
State fully all zoning relief sought and respective Code sections
and subsections, specifically what you propose compared to present
and what grounds you urge for BoA to make each finding per Section
139 -32A X if Variance, 139 -30A if a Special Permit (and 139 -33A
if to alter or extend a nonconforming use). If appeal per 139 -3JA
&—B _ , attach decision or order appealed. OK to attach addendum .
Applicant requests a variance from the required side yard setback of 5 feet under
Nantucket Zoning By -law Section 139 -16.C, to enable construction of an outside
teller facility with canopy, straddling the lot line between land owned in fee
by the Bank and Town land in which the Bank has the right, by easement and
lease, to construct such a facility. The Traffic Safety Advisory Committee,
Fire Chief and Board of Selectmen have requested this proposed change because
of traffic safety considerations.
Items enclosed as part of this Application: orderl addendum2
Locus map X Site plan X showing present X +planned x structures
Floor plans present proposed elevations (HDC approved ?_)
Listings lot area frontage T setbacks GCRT parking data
Assessor - certified addressee list 4 sets X ma ling labels 2 sets X
200 fee payable to Town of Nantucket X proof 'cap' covenant
(If an appeal, ask Town Clerk to send Bldg Comr's record to BoA.)
I certify that the requested information submitted is substantially
complete and true to the best of my knowledge, under the pains and
penalties of p jury.
SIGNATURE• Applicant Attorney /agent X
3(If not owner or owner's attorney, enclose proof of authority)