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TOWN OF NANTUCKET
BOARD OF APPEALS
3 -89
DLt3 - 9d
NANTUCKET, MASSACHUSETTS 02554
CCyyM)L Z , 19 90
To: Parties in interest and others
concerned with the decision of the
Board of Appeals in Application Ho. 043 -90
Of: PACIFIC NATIONAL BANK OF NANTUCKET APPLICANT AND OWNER, 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 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.
J�
Li ,a F. Williams, Chairman
cc: Town Clerk
Planning Board
Building Commissioner
BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, MASSACHUSETTS
nRrTSTnM
The BOARD OF APPEALS, at
a public meeting duly
called and
held on Friday, July 13, 1990
at 1 :00 P.M., at
the
Town and
County Building, Broad Street,
Nantucket, entered
the
following
decision upon the application of
PACfFIC NATTONAL, BANK
Of'
NANTUCKET,
Applicant and Owner, and INHABITAN'1'S
OF THE `1'OWN
OF
NANTUCKET,
Owner, c/o Pacific National Bank
of Nantucket, 61
Main
Street,
Nantucket, Massachusetts 02554,
(043 -90):
1. Applicant comes before us requesting extension and
modification of relief granted by this Board in 040 -89, and further
relief under Sections 139 -18E, 18F(1)(c) and 16C of the zoning
by -law to enable siting of three outside teller machines and
protective canopy, astraddle the boundary line between Applicant's
parcel and the Town's parcel. The Town has approved (by Article
71 of the 1990 Town Meeting) a lease to the Applicant of the
right to erect and maintain these structures in part upon the
Town's parcel. In 040 -89, this Board granted Applicant a variance
from the side yard setback requirement of five feet, subject to
certain conditions. Since Applicant has not yet commenced
construction on the project, Applicant is requesting an extension
of the relief granted in 040 -89 pursuant to M.G.L., c.40A §10.
Due to traffic safety and engineering considerations, Applicant
requests that the variance grant be modified so as to allow
permanently blocking off the entrance of the existing outside
teller facility, installation of a trench drain at the Sparks
Avenue exit, and decrease in driveway width to 18.6 feet to
accommodate placement of traffic barriers. Applicant requests
further relief as follows: a special permit under §139 -18F to
allow the use of off -site premises to meet a portion of the
required parking by easement, or alternatively, a variance waiving
the required number of parking spaces; a variance from By -law
section 139- 18F(1)(C) to allow driveway exit width greater than
24 feet; and a variance from the West side yard setback requirement
of five feet to facilitate handicapped access. The premises are
located 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
RESIDENTIAL- COMMERCIAL.
2. The Board's findings are based upon the application and
accompanying papers, including plans (Exhibit A, attached), locus
map, and Land Court plans, and testimony and representations
submitted at the public hearing.
3. As shown on the Exhibit "A" r)lans, the existing building
upon the premises would be expanded by the addition of three
drive -up teller facilities to be connected to the existing building
by a protective canopy. Additionally, the existing entrance to
the building would be extended outward to accommodate handicapped
access. The outermost teller facility 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 "). Access to the new teller facilities
will be gained by entering an 18.6 foot one -way driveway entering
from Pleasant Street and exiting onto Sparks Avenue. A trench
drain will be installed at the Sparks Avenue end of the driveway.
The existing outside teller facility and portico are to be removed,
and the existing four parking spaces on the parcel will be relocated
to that area.
4. At the public hearing, the Police Chief and Fire Chief
represented that a public safety hazard continues to exist as a
result of lines of entering and- exiting traffic using and waiting
to use the outside teller facility. The Planning Board's
recommendation was favorable. We note also that the Town Meeting
vote on May 8, 1990, was unanimous in authorizing the lease
between the Town and the Applicant to allow Applicant to use this
area for placement of outside teller facilities.
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. We find the special permit
relief requested to be in harmony with the intent of the by -law.
As to the statutory prerequisite findings for variance relief, we
would again emphasize, as in our decision in 040 -89, that with
great difficulty we find that such relief is appropriate in this
matter, due to peculiar circumstances of this case, and that such
relief should be narrowly construed due to the limited and unusual
fact pattern presented here.
6. Accordingly, by a unanimous vote of five members, the
Board hereby grants relief to enable construction of the proposed
outside teller facility substantially in conformity with the Exhibit
"A" plans as follows:
a) Extension of relief granted in 040 -089 and as modified
herein for a period of six months.
b) Modification of the variance grant in 040 -089 to permit
the following:
1. Permanently blocking off the entry from the Finast
parking lot, which presently serves the existing
drive-through f a c i l i t y . Al. l traffic to the new
drive - through facility shall be directed to enter
the two -lane driveway from Pleasant Street, and
exit onto Sparks Avenue.
2. Install one trench drain at the Sparks Avenue exit,
to be installed and maintained in keeping with
reasonable engineering standards and practices.
3. Decrease driveway width to 18.6 feet in order to
accommodate placement of traffic barriers between
driveway and outside wall of the Fire Department
building.
C) Special Permit under Section 39 -18F to allow the use by
easement of the abutting Finast parcel. 55 -268 for two
spaces to meet the 6 -space parking requirement. The
two new parking spaces to be created in the Finast
parking lot, subsequent to the blocking off the existing
teller entrance, shall be marked to indicate that those
two spaces are to be used by bank customers. (Variance
relief from the parking requirement is denied)
d) Variance to allow driveway exit width of thirty -nine
feet as shown on the plan. Applicant will either place
signs or paint arrows to indicate which direction exiting
traffic must take onto Sparks Avenue.
e) It is our opinion that the variance relief from side
yard setback to allow placement of handicapped access
is not necessary, as we believe state handicapped access
statutes override the local zoning by -law intensity
requirements. If, however, it is determined that variance
relief is needed to enable handicapped access to the
premises, such relief_ is hereby granted, to allow
extension of the entrance to the building to within 3.5
feet of the sideyard lot line, as shown on the submitted
plans.
All special permit and variance relief granted herein shall
be valid only during the period of the lease granted by the Town
allowing obstruction of the easemen area by placement of the
teller facility.
�1C@ Cev�rcv,
Linda F. Williams
n
kah #21 /PNBSpark &PNBSparl
Will.iam'R. Sherman
er F. Dooley
DOA Form 1 -89 NANTUCKET ZONING HOARD OF APPEALS
TOWN AND COUNTY BUILDING Date
NANTUCKET, MA 02554 �c-r C �\
CASE No.0 "�� f ( )
APPLICATION FOR RELIEF
Owner's name(s): Pacific National Bank of Nantucket-- Torn of Nantnrkrf
Mailing address: c/o Reade & Alaer Professional Conporation 6 Yni,nn'c wav
Nantucket, Massachusetts 02554
Applicant's name: same fas above
Mailing address: same as above
Location of lot: Assessor's map and parcel number 55 - 269.2 and 270
Street address• 21 Sparks Avenue, 131 Pleasant Street
• 35560 -D Lot 6
Registry Land Ct Plan, Plan Bk & Pg or Plan File3556 -B Lotjot 2
3 8 79 Cert. of Title 8641
Date lot acquired•12�� , /� P"d-4}e•€ and,7533 Zoning district R -C
Uses on lot - commercial: None _ or Branch bank MCD? No
- number of: dwellings 0 duplex -- apartments -- rental rooms_
Building date(s) : all pre -8/72? No or 1979 C of O? Yes
Building Permit appl'n. Nos. 1084 -79
Case Nos. all BOA applications, lawsuits: 040 -89
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 if Variance, 139 -30A X if a Special Permit (and 139 -33A
if to alter or extend a noncon- orming use). If appeal per 139 -3jA
& B attach decision or order appealed. OK to attach addendum-.
See addendum.
Items enclosed as part of this Application: orderl addendum2X
Locus map X Site plan X showing present X +planned X structures
Floor plans present proposed— elevations (HDC approved.
Listings lot area frontage setbagks_ y GCR v parking data
Assessor - certified addressee ist 4 sets X mailing 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 r'ury.
Applicant Attorney /agent X
SIGNATURE: PP -- —
3(If not owner or owner's attorney, ,e close proof of autho 'ty)
^e � (F R BOA O, ICE USE V W k
Application copies reed: 4 v or_ for BOA on�,?O /bby CiWl
one copy filed with Town Clerk on��(l! by complete?
One copy each to Planning Bd and Building Dept 4?� byS -
$200 fee check given Town Treasurer onQ//,,1 b �,��waivedj ??
(Tearing notice posted � ( V maile (�/ V I & Mf./=/ , 21— - 6)
Hearing(s) on_ / _/_ cont'd to —j withdrawn ? _/__/_
Decision due bye_/_ made_/_/_ filed TC__J_/_ mailed__/__/_
See related cases lawsuits other
ADDENDUM TO APPLICATION
Applicant requests the following relief:
1. Extension of variance grant in Case No. 040 -89 pursuant
to M.G.L., c.40A, §10.
2. Modification of the variance grant in Case No. 040 -89
to permit the following:
(a) Permanently blocking off the entry from the Finast
parking lot, which presently serves the existing
drive - through facility. All traffic to the new
drive - through facility shall enter onto the easement
area from Pleasant Street, and shall exit onto
Sparks Avenue. This means of access shall remain
open at all times.
(b) Install one trench drain at the Sparks Avenue exit.
Engineers to the project have advised that
installation of such a trench drain would provide
the best means of drainage for the project, as
opposed to the two catch basins specified in Case
No. 040 -89.
(c) Decrease driveway width to 18.6 feet, in order to
accommodate placement of traffic barriers between
driveway and outside wall of the Fire Department
building.
3. Special Permit relief from Section 139 -18.E. of the
By -law to allow the use of off -site premises to meet a
portion of the required parking by easement. Applicant
has easement rights which include the right to use the
adjacent Finast parking lot for parking. In the
alternative, applicant requests variance relief from
the above requirement, waiving the required number of
parking spaces. Applicant proposes to maintain the
currently- existing four parking spaces on the premises;
the required number of parking spaces for the project
would be five.
4. Variance relief from By -law Section 139 -18.F (1)(C) to
allow driveway width greater than twenty -four feet, to
safely accommodate converging traffic as it exits from
the teller facilities, and turns in either direction
into Sparks Avenue.
5. Variance relief from the requirement of By -law Section
139 -16.C. as to side yard setback, to allow for
restructuring of the existing entrance to the branch
office to enable handicapped access. The proposed side
yard setback would be 3.5 feet. Required side yard
setback is 5.0 feet; existing side yard setback is 5.9
feet.
kah #17 /PNB
NOTICE
A Public Hearing of the BOARD OF APPEALS will be held on
FRIDAY, July 13, 1990 at 1:00 P.M. in the TOWN AND COUNTY BUILDING,
FEDERAL AND BROAD STREETS, /NANToU�CKET11, on the Application of PACIFIC
NATIONAL BANK OF NANTUCKET, seeking the following relief:
1. Extension of variance grant in Case No. 040 -89 pursuant
to M.G.L., c.40A, X10.
2. Modification of the variance grant in Case No. 040 -89
to permit the following:
(a) Permanently blocking off the entry from the Finast
parking lot, which presently serves the existing
drive - through facility. All traffic to the new
drive - through facility shall enter onto the easement
area from Pleasant Street, and shall exit onto
Sparks Avenue. This means of access shall remain
open at all times.
(b) Install one trench drain at the Sparks Avenue exit.
Engineers to the project have advised that
installation of such a trench drain would provide
the best means of drainage for the project, as
opposed to the two catch basins specified in Case
No. 040 -89.
(c) Decrease driveway width to 18.6 feet, in order to
accommodate placement of traffic barriers between
driveway and outside wall of the Fire Department
building.
3. Special Permit relief from Section 139 -18.E. of the
By -law to allow the use of off. -site premises to meet a
portion of the required parking by easement. Applicant
has easement rights which include the right to use the
adjacent Finast parking lot for parking. In the
alternative, applicant requests variance relief from
the above requirement, waiving the required number of
parking spaces. Applicant proposes to maintain the
currently- existing four parking spaces on the premises;
the required number of parking spaces for the project
would be five.
4. Variance relief from By -law Section 139 -18.F (1)(C) to
allow driveway width greater than twenty -four feet, to
safely accommodate converging traffic as it exits from
the teller facilities, and turns in either direction
into Sparks Avenue.
5. Variance relief from the requirement of By -law Section
139 -16.C. as to side yard setback, to allow for
restructuring of the existing entrance to the branch
office to enable handicapped access. The proposed side
yard setback would be 3.5 feet. Required side yard
setback is 5.0 feet; existing side yard setback is 5.9
feet.
The premises are located at 21 SPARKS AVENUE and 131 PLEASANT
STREET, Assessor's Parcels 55 -269.2 and 55 -270, Lot 6 on Land
Court Plan 35560 -D and Lot 2 on Land Court Plan 35560 -B, and are
zoned RESIDENTIAL - COMMERCIAL.
William R. Sherman, Chairman
BOARD OF APPEALS
kah #17 /PNB2
NOTICE
A Public Hearing of the BOARD OF APPEALS will be held on
FRIDAY, July 13, 1990 at 1 :00 P.M. in the TOWN AND COUNTY BUILDING,
FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of PACIFIC
NATIONAL BANK OF NANTUCKET, seeking the following relief:
1. Extension of variance grant in Case No. 040 -89 pursuant
to M.G.L., c.40A, X10.
2. Modification of the variance grant in Case No. 040 -89
to permit the following:
(a) Permanently blocking off the entry from the Finast
parking lot, which presently serves the existing
drive - through facility. All traffic to the new
drive - through facility shall enter onto the easement
area from Pleasant Street, and shall exit onto
Sparks Avenue. This means of access shall remain
open at all times.
(b) Install one trench drain at the Sparks Avenue exit.
Engineers to the project have advised that
installation of such a trench drain would provide
the best means of drainage for the project, as
opposed to the two catch basins specified in Case
No. 040 -89.
(c) Decrease driveway width to 18.6 feet, in order to
accommodate placement of traffic barriers between
driveway and outside wall of the Fire Department
building.
3. Special Permit relief from Section 139 -18.E. of the
By -law to allow the use of off -site premises to meet a
portion of the required parking by easement. Applicant
has easement rights which include the right to use the
adjacent Finast parking lot for parking. In the
alternative, applicant requests variance relief from
the above requirement, waiving the required number of
parking spaces. Applicant proposes to maintain the
currently- existing four parking spaces on the premises;
the required number of parking spaces for the project
would be five.
4. Variance relief from By -law Section 139 -18.F (1)(C) to
allow driveway width greater than twenty -four feet, to
safely accommodate converging traffic as it exits from
the teller facilities, and turns in either direction
into Sparks Avenue.
5. Variance relief from the requirement of By -law Section
139 -16.C. as to side yard setback, to allow for
restructuring of the existing entrance to the branch
office to enable handicapped access. The proposed side
yard setback would be 3.5 feet. Required side yard
setback is 5.0 feet; existing side yard setback is 5.9
feet.
The premises are located at 21 SPARKS AVENUE and 131 PLEASANT
STREET, Assessor's Parcels 55 -269.2 and 55 -270, Lot 6 on Land
Court Plan 35560 -D and Lot 2 on Land Court Plan 35560 -B, and are
zoned RESIDENTIAL - COMMERCIAL.
William R. Sherman, Chairman
BOARD OF APPEALS
kahR1'7 /DMR7