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HomeMy WebLinkAbout011-91Aw D(I -9� TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 AaA&. To: Parties in interest and others concerned with the Decision of the Board of Appeals in Application No.: of: ma'r(Cl n%1 1Q�l OiT� Qi'i`On Enclosed is the Decision of the Board of Appeals which has this day been filed with the Nantucket Town Clerk. This Decision SIOiV provides a Clarification (not a Modification) or authorizes an �X1�F Temporary Permit under Zoning By -Law Section 139 -26H with no twenty (20) day appeal period required. cc: Town Clerk Planning Board Building Commissioner 1 L VI0e Chairran e ZONING BOARD OF-APPEALS 10 South Beach Street Nantucket, Mass. 02554 Map 42 -3 -3 7 Milk Street Parcel 183 ROH At a Public Meeting of the Zoning Board of Appeals held on March 20, 1992, at 1:00 P.M., in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the request for extension of a Special Permit by MARIA MITCHELL ASSOCIATION, 2 Vestal Street, Nantucket, Mass. 02554, the Board made the following Decision: 1. This is a request for a six (6) month extension of a Special Permit granted in BOA File No. 011 -91, by Decision filed March 22, 1991. 2. The Board finds that the request for an extension has been filed within the time required by §139- 30I(1) and that there is good cause for construction not having begun and the Applicant not having made substantial use of the Special Permit. 3. The Board, Board GRANTS an six (6) months, 22, 1992. by a vote of extension of the commencing March Date: March 20, 1992 ( opposed) the Special Permit for a period of 22, 1992, and ending September 3 Linda F. Wil lams l c a�el O'Mara �e� �� TOWN OF NANTUCKET BOARD OF APPEALS Nantucket, Mass. 02554 �/ /- 45F / 911Gc cec C,?- a? 1 l9 9 ( To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. 011 -91 Owner /Applicant: MARIA MITCHELL ASSOCIATION Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of 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 a certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20) days. Robert J.:Leichter, Chairman cc: Town -lerk, Planning Board Building Commissioner �f) / / -�/ ZONING BOARD OF APPEAIS South Beach Street Nantucket, Mass. 02554 Map 42 -3 -3 7 Milk Street Parcel 183 ROH At a Public Hearing of the Board of Appeals held on March 8, 1991, at 1:00 P.M., in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of MARIA MITCHELL ASSOCIATION, 2 Vestal Street, Nantucket, Mass. 02554, Application No. 011 -91, the Board made the following DECISION: 1. Applicant seeks relief by Special Permit under Section 139 - 33A of the Zoning Bylaw to alter and extend a structure said to be nonconforming as to side setback and parking. Applicant proposes to remove an existing 255+ S.F. addition, which will be reconstructed and enlarged by adding 763+ S.F. to the structure at the rear of the reconstructed addition. The purpose of the project is to increase the size of the museum shop, relocate an office, and to provide handicap access to the first floor of the premises. Applicant also seeks relief by Variance from the requirements of Section 139 -18 (Off- street parking requirements) to the extent necessary. The premises are located at 7 Milk- Street, Assessor's Map 42.3.3, parcel 183, and are zoned ROH. Deed Book , page . 2. Our findings are based upon the Application and papers filed there ith, the r4Nresentatlons, testimony card aV4AenCe, bold ola1 and documentary, presented at the hearing, comments and letters from abutters, and a favorable recommendation by the Planning Board for issuance of the Special Permit for enlargement of the structure. The D1annin^ Bard made no recommendation O" t ^e y as Variance for parking. 3. Applicant presented evidence that the structure was in existence prior to the enactment of zoning on Nantucket, and so it is a pre - existing, nonconforming structure because it encroaches upon the required side yard setback. in addition, the uses being made of the premises are nonconforming for the district, but all uses pre -date zoning and have been uninterrupted since its enactment. Those uses at present are exhibit space (1,570± S.F.), classrooms (, 1310+ S.F.), retail space (194± S.F.) and year -round housing for the director and his wife, and eight interns during the summer. 4. The plans submitted with the application show that the proposed addition will not increase the nonconformity as to side line setback, and the proposed uses are all ones presently on the site. Specifically, the addition will increase the area devoted to the retail museum shop by 81± S.F., will allow relocation of a 317+ s.f. office from another building on the lot, will i increase exhibit space already in the building by 260± S.F, will provide handicap facilities and an entry hall, and will improve the space presently being used for interns working for the Applicant during the summer. 5. At the hearing, applicant submitted a plan for off -site parking for four (4) vehicles on a lot owned by applicant adjacent to the subject premises as an alternative to the request for a Variance from the parking requirements of Section 139 -18 and as lesser relief included within the Variance request. The parking requirement for the additional space was determined to be four (4) spaces under the provisions of Section 139 -18D and 139 -18E of the Bylaw. 6. Abutters voiced concern over the parking. First, the area is already crowded in the summer, and off - street parking is scarce and highly desirable. However, the neighborhood is predominantly residential, and an excessively large off - street parking area would have a significant and adverse effect on the scenic and historic integrity of the neighborhood. All abutters who spoke to the issue expressed a strong desire not to have Green Lane used as either a means of access or egress from the area and for the preservation of the vegetative screening on the property abutting Green Lane. 7. The Board finds that the that the structure and uses were lawfully in existence at the time of the enactment of zoning, and so they are pre- existing and nonconforming. 8. The Board finds that the _proposed alteration or extension of the build i ing and its uses --will no, ii$ Ci��C:aT? _3al more detrimental than the existing nonconforming use to the neighborhood. A mt.. ,, D.. -. ,..a F:... .3S 4-- ..� 11. .. ,�: C A-I-.. L.,: 1 a :.�,.. ` 1 1 a. Z' . he Board find.,. %_ha4C- the extension of t.11C building not. increase the nonconforming di gtan`e and the extension will not be substantially more detrimental to the neighborhood. 10. The Board finds that practical difficulties prevent locating the required off - street parking spaces on the same lot as the building. 11. Based upon the aforementioned findings, the Board GRANTS by unanimous vote the Special Permit for alteration and expansion of the building upon the following conditions: A. construction shall be substantially in compliance with the plans submitted by the applicant with the application, and B. applicant shall comply with the conditions of the Special Permit for off -site parking, below. 12. Based upon the aforementioned findings, the Board GRANTS by unanimous vote a Special Permit for off -site parking upon the following conditions: A. the parking area shall be on the applicant's property located at 2 Vestal Street and shall be substantially as shown on the parking plan submitted by the applicant at the hearing and appended hereto as Exhibit A; B. the applicant will not be required to improve the parking surface or alter its present condition, but shall maintain the area and access from Vestal Street in good repair; C. applicant shall maintain the vegetative screen on the Green Lane side of its property; D. if applicant ever conveys title to the property at 2 Vestal Street or 7 Milk Street out of common ownership, it shall first convey to the owner of the property at 7 Milk Street a permanent easement for the parking area on 2 Vestal Street as shown on Exhibit A for the benefit of 7 Milk Street, which shall run with the property. 13. By unanimous vote, the Board DENIES as unnecessary because of the applicant's acceptable off -site parking. Date:,, ate : 111ceArA C. Marshall Beale ;� Ann Balas the requested Variance ability to provide Dale Waire Mic ae O'Mara �G�Grrud � Xz, ifs/ 1"44W TOWN OF NANTUCKET BOARD OF APPEALS Nantucket, Mass. 02554 To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. 011 -91 Owner /Applicant: MARIA MITCHELL ASSOCIATION Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of 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 a certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20) clays. Date: Robert J Q Le1chtef, Chai an cc: Town Clerk Planning Board Building Commissioner I ZONING BOARD OF APPEALS South Beach Street Nantucket, Mass. 02554 Map 42 -3 -3 7 Milk Street Parcel 183 ROH At a Public Hearing of the Board of Appeals held on April 26, 1991, at 1:00 P.M., in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of MARIA MITCHELL ASSOCIATION, ,2 Vestal Street, Nantucket, Mass. 02554, Application No. 011 -91, the Board made the following DECISION: 1. Applicant requested a waiver of the filing fee required.- 2. Applicant is an organization covered under the provisions of Section 501(C)(3) of the Internal Revenue Code, as amended. 3. This Board has had a policy of waiving filing fees for such organizations on applications relating to the expansion or modification of facilities for the charitable activities of said organizations. 4. Based upon the foregoing findings, the Board, by unanimous vote, grants the waiver of the filing fee. Date • ` , y! . Pater Dooley I �ivr bgjj, Ann Balas i)a i e wai ne 7-ai,, Cle, i- h TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 A Public Hearing of the Board of Appeals will be held on March 8, 1991, at 1:00 P.M., in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of: MARIA MITCHELL ASSOCIATION Board of Appeals File No. 011 -91 Applicant is seeking relief by Special Permit under Section 139 -33A of the Zoning Bylaw to alter and extend a structure said to be nonconforming as to side setback and parking. Applicant proposes to remove an existing 255+ S.F. addition, which will be reconstructed and enlarged and by adding 763+ S.F. to the structure at the rear of the reconstructed addition. The additions will not increase the nonconformity as to side yard setback and will include handicap access to the premises, additional museum shop space, and offices. Applicant also seeks a Variance under 139 -32 from the parking requirements of Section 139 -18D, to the extent necessary, but will continue to provide the existing one (1) parking space on site. The premises are located at 7 MILK STREET, Assessor's Map 42.3.3, parcel 183, and are zoned ROH. -le William R. Sherman, Vice- Chairman /� i4 . $ °A4� 1y55 $011 0 j1p� T1 P55oc1aC eke a 21�� F �,cc�\eL Marro rlo� o255u �`�. toba�,e ^Y'a teec ocla �' e't ,�oU� 9� . 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