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HomeMy WebLinkAbout043-90Form 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