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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. - 1 - 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. -2- 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 r i R. $ en . Leichter Michal�l J. O'Mara Ann G Balas vid egget -3- 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)