HomeMy WebLinkAbout069-89Form 3 -39
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
December 15 , 19 89
To: Parties in interest and others
concerned with the decision of the
Board of Appeals in Application No. 069 --89
of: Christian Science Society 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 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.
William R. Sherman, Chairman
cc: Town Clerk
Planning Board
Building Commissioner
Al 21
BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, MASSACHUSETTS
DECISION:
At a public hearing of the Nantucket Board of Appeals, held
on Friday, December 8, 1989, at 1:00 P.M., at the Town and County
Building, Federal and Broad Streets, Nantucket, the Board made
the following decision upon the application and appeal of CHRISTIAN
SCIENCE SOCIETY OF NANTUCKET (069 -89).
1. This is an appeal under Nantucket Zoning By -law Section
139 -31, from a decision of the Nantucket Building Commissioner
dated November 16, 1989, which denied the Applicant a building
permit for the Applicant's proposed church building by reason of
failure to provide off- street parking as required for "places of
assembly" under By -law Section 139 -18. In the alternative, Applicant
requests relief by variance from By -law Section 139 -18.I as to
provision of parking spaces, and from Section 139- 18.F(2) as to
required driveway width of at least 20 feet. The Applicant
proposes to provide five lawful parking spaces, with driveway
width of 10 feet. The subject property (the "Locus ") is located
at 2 Madaket Road (Assessor's parcel 41- 184.2), is shown upon
plan recorded in Plan Book 23, Page 62, as Lot 1B, and is zoned
Residential -1.
2. The Applicant, a religious society, comes before us
with its plans for a new church building. Under Massachusetts
law, use of property as a church cannot be prohibited by local
zoning requirements; however, parking requirements for a church
may be imposed by the Town as part of its zoning by -law. The
Building Commissioner has, in his denial letter, applied the
requirement in Section 139 -18.I, of one parking space for each
four seats for "theaters and other places of assembly ". In
addition, driveway width on the Applicant's plans is 10 feet
width; 20 feet is required for parking areas of five spaces or
more. The Applicant contends that, as a church building, its
project is exempt from those requirements, because no parking
requirements are expressly stated for churches, and it contends
its church use to be different in kind from a "theater ", with the
reference to "other places of assembly" not being specific enough
to expressly include churches.
3. We are not persuaded that a church is not a "place of
assembly ", particularly given treatment given to churches under
the State Building Code, cited by the Building Commissioner.
Therefore, we deny the Applicant's appeal.
4. However, in considering the Applicant's alternative
request for zoning relief, we are mindful of the protection given
to church uses under Massachusetts law, and of the role of churches
in the fabric of the community. On the basis of the limited
extent of hours of use which can be anticipated to (as a practical
matter) generate demand for parking, some available on- street
parking in the neighborhood (although not on Madaket Road itself),
attendance records for the church at its present site on Gardner
Street which have been presented to us, and a letter in support
from an immediate abutter and a neighbor to the Gardner Street
location, we believe that the general welfare of the inhabitants
of the Town will be promoted by the proposed church, and therefore
find that it will be in conformity with the intent and purpose of
the By -law. Furthermore, the relativJi narrow, deep lot make: it
difficult to provide a twenty -foot driveway, and topographical
considerations (the lot slopes sharply toward its rear) make it
undesirable to place the building near the rear of the lot, which
would otherwise facilitate a better configuration of parking spaces
and aisle.
5. Although the Building Inspector has rated the building
for occupancy of 77 persons, we are persuaded by the Applicant's
attendance records that this number greatly exceeds the actual
number of attendees over the period of about five years for which
these records are available. Actual peak attendance during this
period has been 42, on one occasion, and on only two other
occasions has attendance exceeded 35. If attendance were to
reach 49, twelve spaces would be required, based upon the By -law
formula; the Applicant proposes to provide five on -site parking
spaces. We are willing to grant variance relief, reducing the
number of required spaces from twelve to five; provided, however,
that it shall be the responsibility of the Applicant to provide
off - street, off -site parking (to be approved by us pursuant to
Section 139 -18.E) if attendance exceeds 49 persons.
6. We also note that the proposed relocation from Gardner
Street will eliminate the present use of a building there which
has no off - street parking at all, in a much more densely - populated
part of Town, with narrow streets and limited on- street parking.
7. At the public hearing, the Applicant has agreed to
provide driveway width of twelve feet, which we consider to be
adequate under the circumstances, rather than ten feet as applied
for.
8. Accordingly, on the basis of the application and the
representations and materials presented to us at our public hearing,
we hereby find that, owing to circumstances relating to the shape
and topography of the Locus, and especially affecting the Locus
but not affecting the Residential -1 zoning district in which it
is located (as described in Paragraph 4), a literal enforcement
of the provisions of the By -law would involve substantial hardship
to the Applicant (in that use of the Locus for construction and
occupancy of a church would be rendered impossible), and that
desirable relief may be granted without substantial detriment to
the public good and without nullifying or substantially derogating
from the intent or purpose of the By -law (for the reasons set
forth in Paragraph 4).
-2-
9. Therefore, subject to the condition set forth in Paragraph
5, we hereby grant relief by Variance from the requirements of
By -law Section 139 -18 as to driveway width (reduced from twenty
to twelve feet) and number of parking spaces (determined to be
required as twelve, and reduced by us to five), by a unanimous
vote.
Dated: IX�C 1989
Williram R. Sherman
Dav J. Le t
Pe e F. Do ley
-3-
ejw /94 /CSS
N O T I C E
A Public Hearing of the BOARD OF APPEALS will be held on
FRIDAY, DECEMBER 8, 1989, at 1:00 P.M., in the TOWN and COUNTY
BUILDING, FEDERAL and BROAD STREETS, NANTUCKET, on the Application
of CHRISTIAN SCIENCE SOCIETY OF NANTUCKET, (0(� -89), appealing
the decision of the Building Commissioner dated November 16,
1989, denying the Applicant's proposed church building by reason
of failure to provide off - street parking under By -law Section
139 -18. Applicant contends that this decision is in error, as no
parking requirements are established for churches under that Section
of the By -law. In the alternative, Applicant requests a VARIANCE
from Section 139 -18.A as to requirement of provision of parking
spaces, and from Section 139- 18.F(2) as to required driveway
width of at least twenty feet. Applicant proposes to provide
five parking spaces, with driveway width of ten feet. The premises
are located at 2 Madaket Road, Assessor's Parcel 41- 184.2, Plan Book and Page
23 -62, Lot 1B and zoned Residential -1.
1
William R. Sherman, Chairman I
Board of Appeals
�c'� • c'�� a�.J11r QH+'t C�nli
ejw /91 /CHRI
N 0 T I C E
A Public Hearing of the BOARD OF APPEALS will be held on
FRIDAY, DECEMBER 8, 1989, at 1:00 P.M., in the TOWN and COUNTY
BUILDING, FEDERAL and BROAD STREETS, NANTUCKET, on the Application
of CHRISTIAN SCIENCE SOCIETY OF NANTUCKET, (6&?-89), appealing
the decision of the Building Commissioner dated November 16,
1989, denying the Applicant's proposed church building by reason
of failure to provide off - street parking under By -law Section
139 -18. Applicant contends that this decision is in error, as no
parking requirements are established for churches under that Section
of the By -law. In the alternative, Applicant requests a VARIANCE
from Section 139 -18.A as to requirement of provision of parking
spaces, and from Section 139- 18.F(2) as to required driveway
width of at least twenty feet. Applicant proposes to provide
five parking spaces, with driveway width of ten feet.
William R. Sherman, Chairman
BOARD OF APPEALS
ejw /91 /CHRI
BOA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS Date
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554 CASE NoldJ /
APPLICATION FOR RELIEF t
Owner's name(s): Christian Science Societ I of Nantucket
6 Young's Way,
c/o Reade & Alger Professional Corporation,
c� a X569 N ntucL r nnaa�ac -h r�Get1's 0 2594
Mailing address:
Applicant's name • Same
Mailing address: --
Location of lot: Assessor's map and parcel number 41 - 184.2
Street address: 2 Madaket Road
-
Registry bet Plan, Plan Bk & Pg j - 23 -62 Lot 1B ----
Date lot acquired: 12 / /$g Deed Ref 21,2A Zoning district R -1
Uses on lot - commercial: None X or
MCD? No
- number of: dwellings= duplex= apartments= rental rooms=
Building date(s) : all pre -8/72? — or (Vacant Land) C of O? —
Building Permit appl'n. Nos.
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 (and
if to alter or extend a nonconformiealede )OKltoaattachpaddendumz.
& B X , attach decision or order app
Applicant hereby appeals from decision of the Building Commissioner dated November
1989, denying a building permit for the Applicant's proposed church building
16, ide off - street parking under By -law Section 139 -18.
by reason of failure to prov
Applicant contends that this decision is in error, because no parking requirements
ant
are established for churches under that Section. In the alternative, App
requests a variance from Section 139 -18.A as to requirement of provision of parking
spaces, and from Section 139- 18.F(2) as to required driveway width of at least
20 feet. Applicant proposes to provide five parking spaces, with driveway width
of ten feet.
Items enclosed as part of this Application: orderl addenductures
Locus map _x Site plan X showing present p la
Floor plans present proposed X elevations �_ (HDC approved?)
Listings lot area frontage setbacks_ GCRT parking data
Assessor - certifier addressee list 4 sets X lingbecovenant
sX
$200 fee payable to Town of Nantucket X p roof eap
(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 Ao the best of my knowledge, under the pains and
penalties oVer u Y.
4 LApplicant Attorney /agent X
SIGNATURE: —'
3(If not or owner' s attorney, enclose proof of authority)
FOR B FORA USE
PP
A lication copies rec d: 4 1/ or for BOA o&(7
?
One copy filed with Town Clerk onkL?I com lete by comp
let
copy each to Planning Bd and Building Dept i
by
/, .� %i b�:f waived?
$200 fee check given Town Treasurer ,o /n /I /F-�, & M�/ `U� � l��
Hearing notice posted��f� mailed/ ?O .F�
Hearing(s) on_f--/_ cont'd to__-/--/_, __I_/— withdrawn ?_-J_/_
Decision due bye_/_
made 1__j_ filed TC_/�_ mailed��_
See related cases
lawsuits other
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November 16, 1989
BUILDING DEPARTMENT
Mr. Christopher Holland
Williams Street
Nantucket, MA 02554
TOWN BUILDING ANNEX
2 EAST CHESTNUT STR EFT
NANTUCKLT, MASSACHUSETTS 02554
Telephone 228 -6800 ext. 230
Dear Mr. Holland,
Your applicaton for a building permit for a structure to be
utilized as a church located at 2 Madaket Road (Map 41 Parcel 184.2)
has been reviewed and for the following reasons DENIED.
The application is not in compliance with Chapter 139 of the code
of Nantucket (hereafter all references pertain to said Chapter).
Specifically:
a. Parking space #6 is not in compliance with 139 -18C as it does
not have the required back -up area and can not be counted;
b. The plans provided depict five (5) parking spaces, nineteen
(19) are required by 139 -181;
(i) Churches are not listed as a permitted use in 139, and there
are no parking requirements listed in 181, however,
section 3 of 40A exempts the use of the land owned by
religious sects from local zoning "subject to reasonable
regulations concerning... parking... 11 therefore it is
necessary to interpret the code to establish the
requirement;
c. Section 203 of 780 CMR State Building Code classifies churches
as an assembly use, A -4;
d. Section 601.2 of 780 CMR requires all applications certify the
occupancy of structures. The occupancy has been certified at 77;
e. 139 -181 lists the parking requirement for places of assembly at
1 parking place per each four (4) seats (occupancy). 77/4 =19 spaces;
f. 139 -18F1C requires a driveway not less than 20 feet and no
more than 24 feet. The plans provided depict a driveway of 14 feet.
g. The application is not in compliance with section 113 of 780
CMR.
.w
Please be advised that you have the right to appeal the decision of
the Building Commissioner, pursuant to Section 126 780 CMR on Building
Code matters and pursuant to Chapter 139- 29D(1)(b) of the Code of
Nantucket for Zoning.
If you have any questions, please feel free to contact me directly
at 228 -7222.
Very truly urs,
Ronald S ntos
Building Commissioner
TOWN OF NANTUCKET