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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 �O • i I i C 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