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HomeMy WebLinkAbout032-96 0 � 2 (0 sp,NTUCM.. TOWN OF NANTUCKET • BOARD OF APPEALS . -40OR00' NANTUCKET, MASSACHUSETTS 02554 Date: Juk1 6 a- , 19 96 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. : 032-96 ! 6 z`r Owner/Applicant: NANTUCKET 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 4OA, Massachusetts General Laws . Any action appealing the Decision must be brought by filing an 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 . (14°r O Michael J.ACL4a . Chairman cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING' TO NANTUCKET ZONING BY-LAW §139-3OI ( SPECIAL PERMITS) ; §139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS . TOWN OF NANTUCKET ZONING BOARD OF APPEALS At a Public Hearing of the Nantucket Zoning Board of Appeals opened at 1:00 P.M., on Friday, May 3, 1996, in the Selectmen's Meeting Room,Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of the Nantucket Maria Mitchell Association of 2 Vestal Street, Nantucket,Massachusetts 02554, for itself as Owner and Applicant in connection with property situated at 7 Milk Street (Board of Appeals File No. 024-96),which meeting was continued by unanimous vote to a Public Hearing on June 7, 1996, in said Selectmen's Meeting Room and such continued hearing conducted in conjunction with the Public Hearing opened on June 7,1996, on the Application of the Nantucket Maria Mitchell Association as Owner and Applicant in connection with property situated at 2 and 4 Vestal Street, Nantucket (Board of Appeals File No. 032-96), the Board made the following Decisions: 1. In ZBA File No. 024-96, Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law Section 139-33 (alteration/expansion of a pre-existing non- conforming structure/use). Applicant proposes to remove an existing 255±square foot addition located on the northwesterly side of a said to be pre-existing structure known as the "Hinchman House Natural Science Museum", which will be reconstructed and enlarged by adding 763±square feet to allow expansion of an educational "not-for- profit" science facility an. The structure currently contains the museum, classrooms, a small museum shop and housing for the Director of the facility and his/her family and eight (8) summer interns. The new addition will not increase the non-conformity as to the northerly side yard setback and will include handicap access to the premises, additional museum and museum shop space, and second floor bathrooms and a kitchen for the staff. The Locus is non-conforming as to use; as to side and rear yard setbacks, with the subject structure being sited .06±feet from the northerly side yard lot line at its closest point and zero feet from the rear yard lot line at its closest point, and with a separate library structure being sited 1.0±feet from the southwesterly side yard lot line at its closest point and 4.0±feet from the northeasterly side yard lot line at its closest point, in a district that requires a minimum side and rear yard setback of five (5) feet; and as to parking, providing two (2) spaces that may not comply with current dimensional requirements when twelve (12) spaces are required for the uses on the premises. Applicant also seeks a Special Permit under Nantucket Zoning By-Law Section 139-18B(4) (parking requirements-waiver of 30%). In the alternative or in addition,Variance relief is sought from the provisions of Nantucket Zoning By-Law Section 139-18. Similar relief was sought and granted in Board of Appeals Decision 011- 91. However, said Decision was not acted upon in a timely manner and that Permit has since lapsed. The premises is located at 7 Milk Street, Assessor's Map 42.3.3, Parcel 183, (title reference, Nantucket Probate No. 2728). The property is zoned Residential-Old Historic. 2. In ZBA File No. 032-96, Applicant is seeking a Special Permit under Nantucket Zoning By-Law Section 139-18(B)(1) to provide parking spaces for uses on the adjacent lot(7 Milk Street) which is the subject of ZBA File No. 024-96, as described above, on the contiguous parcels owned by the Applicant situated at 2 and 4 Vestal Street that also contain a 6-person employer dory `i known as "Terrace Cottage". The Applicant seeks relief that would allow the provision of off-site parking spaces for the Museum in addition, and to the extent necessary, to the relief sought in Application No. 024-96. Similar relief was sought and grant in Board of Appeals Decision No. 011-91. However, said Decision was not acted upon in a timely manner and that Permit has since lapsed. The premises are located at 2 and 4 Vestal Street, Assessor's Map 42.3.3, Parcels 165 and 166. The property is zoned Residential-Old Historic. A 4ho,toulaile, li owei d ttA IMS pedd ed a.i df5F 3. The Board's findings are based upon the Application papers, representations and testimony received at the hearings on May 3, and June 7, 1996, and petition and letters from the public. At the hearings, area residents expressed concern regarding the condition of existing structures, possible traffic congestion and parking issues. The Planning Board made no recommendation. 4. The proposed renovation will allow the museum to expand,create a dedicated space for the museum shop and an office-reception area on the first floor along with handicapped accessible facilities. The living space on the second floor will be renovated but no additional occupancy will be created. The activities in these structures are integral to the scientific and educational purposes of the Maria Mitchell Association, a not-for-profit organization in existence on Nantucket since 1902. The renovation will allow this unique and historic organization to undertake a much- needed modernization of its facilities in the Hinchman House as part of an overall facilities improvement program. Given the architectural plans submitted to the Board during the hearings (as already approved by the Historic Districts Commission), the extension of the structure in the side yard setback along Vestal Street, but no closer than the existing structure's setback of 0.6±from Vestal Street, was found not be substantially more detrimental to the neighborhood than the existing structure. 5. Applicant represented that Maria Mitchell Association's programs and facilities do not create a high demand for parking spaces given its location, as most patrons come to the facility by foot or bike. Many of the Association's activities are scheduled at off-site locations. The housing of Maria Mitchell Association interns on- site decreases the need for staff parking spaces. The proposed project does not add new uses on the property, but allows more space for the Association's programs and allow the facilities to be handicap accessible and better utilized. Two non-conforming parking spaces are currently provided on the site in the driveway on the southwesterly side of Hinchman House. The public expressed concern that one of the non-conforming spaces held a derelict automobile. The Applicant assured the Board that the car would be removed and both spaces made available for parking. The remaining open space on the 7 Milk Street property is dedicated to gardens and a frog pond utilized in Maria Mitchell programming,with bike racks for patrons also provided in that open space. The yard area on the 2 and 4 Vestal Street property (the subject of File No. 032-96) is currently used by staff and patrons of the Maria Mitchell Association for parking to the extent practical given the existing vegetation consisting of mature trees, dense hedges and garden areas. Many members of the public who attended the hearings or submitted letters opposed the conversion of any of the existing open space on the Hinchman House property or the Terrace Cottage property to additional parking uses, feeling that any increase in the parking areas beyond what currently exists would detract from the character of the neighborhood. The Board therefore finds that the provision of additional parking spaces on either property would be detrimental to the neighborhood. The Applicant also established, and the Board finds, that the unique circumstances relating to Maria Mitchell's existing structures and their uses do not generally affect the zoning district; the literal enforcement of the parking requirements would prohibit this not-for-profit organization from pursuing its programs and facility improvement utilizing its existing structures thereby creating substantial hardship; and the project proposed could proceed without detriment to the public good and without nullifying or derogating from the intent or purpose of the Nantucket Zoning By-Law even if no additional parking spaces were provided. 6. Based upon the foregoing findings, in connection with ZBA File No. 024- 96, the Board hereby GRANTS,by a vote of 4 in favor (O'Mara, Leichter, Williams and Balas) and 1 against (Angelastro), the requested Special Permit under Nantucket Zoning By-Law Section 139-33A to allow the alteration and extension of the pre-existing non- conforming use and structure substantially as shown on the plan attached as Exhibit A hereto and the drawings approved by the Historic District Commission as Certificate of Appropriateness No. 28006 for the uses outlined herein, on the following conditions: a) No exterior construction in connection with the renovation and expansion hereby approved will be conducted between May 15th and October 1st of any given year. b) Any classes that are conducted in the Hinchman House classrooms will be scheduled to occur between 9 a.m. and 5 p.m., and not during the early morning or evening hours. In ZBA File No. 024-96, the Board also hereby GRANTS,by a vote of 4 in favor (O'Mara, Leichter,Williams and Balas) and 1 against (Angelastro), the requested SPECIAL PERMIT waiving off-street parking space requirements under Nantucket Zoning By-Law Section 139-18(B) up to the 30% that can be waived pursuant to Section 139B(4) and, in addition, the requested VARIANCE of any additional parking requirements under Section 139-18B which may be required as a result of the proposed extension and alteration permitted hereunder. Finally, in connection with ZBA File No. 032-96, the Board hereby GRANTS,by unanimous vote, the request to withdraw without prejudice the application for a Special Permit to allow parking on the contiguous parcel at 2 and 4 Vestal Street, since by vir e of the relief granted in ZBA File No. 024-96, no such parking is required. Dated: Ju LI 0,1, 1996 6 Nantucket, MA ! -1 O'MMara -_etch � tir A. I Linda !ia ' bert eichter (dal fdtV' RECEIVED Ann Balas TOWN CLERK'S OFFICE NANTUCKET MA 02554 JUL 0 2 1996 CLERK:��J�� Proposed Addition to the Hinchman House Maria Mitchell Association 7 Milk Street Nantucket 1/8"=1-o" 425-96 . NEW BRICK WALKWAY TO RAMP . I < PROPOSED PORCH r i PROPOSED PROPOSED HANDICAP ADDITION RAMP i 1 EXISTING I EXISTING I PORCH I WING TO BE I TO BE REMOVED 1 REMOVED I I 1 1 ' t I 1--- - -- t. - - - - - -- 1 EXISTING HOUSE EXISTING STOOP ESC ktbtt A oEAppTUCMF)..�, TOWN OF NANTUCKET BOARD OF APPEALS • -4110RAIP• NANTUCKET, MASSACHUSETTS 02554 NOTICE. A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1 :00 P.M. , FRIDAY, JUNE 7, 1996 , in the Selectmen ' s Meeting Room, Town and County Building, Broad Street, Nantucket, Massachusetts , on the Application of the following: NANTUCKET MARIA MITCHELL ASSOCIATION BOARD OF APPEALS FILE NO. 032-96 Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-18(B) ( 1 ) to provide parking spaces for uses on adjacent lot 7 Milk Street on contiguous parcels owned by the Applicant situated at 2 and 4 Vestal Street that also contain a 6-person employer dorm known as "Terrace Cottage" . Applicant is currently before the Board in Application No . 024-96 for 7 Milk Street seeking relief by Special Permit under Nantucket Zoning By-Law §139-33A (alteration/expansion of pre-existing non-conforming uses/structures) , §139-18(B) (4) (parking requirements) , and in the alternative, a Variance under §139-18, in order to remove an existing 255+ square foot addition on a structure known as "Hinchman House Natural Science Museum" which will be reconstructed and enlarged by adding 763+ square feet to allow for the expansion of an educational "not-for-profit" science facility. In this Application Applicant seeks relief that would allow the provision of off-site parking spaces for the Museum in addition, and to the extent necessary, to the relief sought in Application No . 024-96 . Similar relief was sought and granted in Board of Appeals Decision 011-91 . However, said Decision was not acted upon in a timely manner and that Permit has since lapsed . The premises is located at 2 and 4 VESTAL STREET, Assessor ' s Map 42 . 3 . 3 , Parcels 165 and 166 . The property is zoned Residential-Old Historic . 9111.A1?:fiU Michael J . O 'M , Chairman THIS NOTICE iS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. FOR ASSISTANCE CALL (508) 228-7215 . . YlgBssA �/6r�r • ire Opp 2-89 goA Form NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 ASSESSORS LIST OF PARTIES IN INTEREST PROPERTY OWNER: /47441.6(- my ud, APPLICANT FOR RELIEF (SAME? ) - A ADDRESS OF PROPERTY : 0 ` - Vs i-af S1yoof 4/a, 3, 3 hp a ✓, �(°� r/6_6 ASSESSORS MAP & PARCEL: LIST OF z PARTIES INCLUDING A DDRESS-S* (OR SEE ATTACHED ) \I MAY - 6 t996 I certify that the foregoing (or the attached) lists all natural of legal , who are owners of abutting persons land opposite on any public owners of land directly, owners r and abutters of the abutters and or private street c way;� t �_ all other land owners within three e hundred feet of the he P roperty line of Owner' s property, as the, ( a:d th_ir address) appeaz on the most recent appl?cable tax l i st (per M. G. L. c . 403, Section 1'' Zoning Code Chapter 139 , Section 139-29D ( 2 ) ) . 0 ... . 11 A � sscrs • fice Date To,;;n o f Nantucket *NOTE Applica,t (petitioner) should include with the lot fot which zonigg relief is sought , any commonl_--owned 2tJiltt ing lots which might becor e involved i n the zoning aj;,L'LLc_- m-a.tter• Li St map and parcels ;:or c aC!':