HomeMy WebLinkAbout016-04
..
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Da te: flp"'! (
3D
, 200$1'
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Owner/Applicant:
o 16 -oc.;
fhlr~(Je( Ih/~p{ I as Trurfee-
. ,
o ~ IJ-cce5Si hit> /)en1al Abr)J~f>e 7~
Application No.:
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 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.
~~L~~n
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 ~139-30I (SPECIAL PERMITS); ~139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
NANTUCKET ZONING BOARD OF APPEALS
1 East Chestnut Street
Nantucket, Massachusetts 02554
Assessor's Map 67, Parcel 430
15 Amelia Drive
Residential-Commercial 2
Plan File 30-D
Lot 19
Deed, Book 609, Page 237
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Friday, March 12, 2004, at 1:00 P.M., in the
Conference Room, in the Town Annex Building, 37 Washington
Street, Nantucket, Massachusetts, the Board made the following
decision on the application of MICHAEL MINER, as Trustee of
ACCESSIBLE DENTAL NOMINEE TRUST, c/o Reade, Gullicksen, Hanley &
Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts
02584, File No. 016-04:
2. The applicant is seeking a MODIFICATION of SPECIAL
PERMIT relief granted in the Decision in Board of Appeals File
No. 040-00, which allowed the use of the second floor of a
proposed mixed-use structure to be used as an employer dormitory.
The Decision contained a condition that stated "There shall be no
use of the Locus for retail purposes without further relief from
the Board of Appeals". The applicant is now proposing to remove
the dormitory use on the second floor, maintaining a single-
family dwelling instead, and take the two end commercial units
and convert their use from office space to two separate retail
spaces. The center commercial space would continue to be used
for the applicant's dental office space. The current uses, as
permitted by the Decision in File No. 040-00, require nineteen
on-site parking spaces, and the proposed changes in uses would
reduce the number of required parking spaces to eighteen. In
addition, the applicant is seeking relief by SPECIAL PERMIT under
Nantucket Zoning By-law ~139-20.C, to waive the loading zone
requirement due to the change from office to retail use. The
Locus is situated at 15 AMELIA DRIVE, Assessor's Map 67, Parcel
430, is shown upon plan recorded with Nantucket Deeds in Plan
File 30-D as Lot 19, and is situated in a Residential-Commercial-
2 zoning district.
3. Our decision is based upon the application and
accompanying materials, and representations and testimony
received at our public hearing. The Planning Board made no
recommendation as to whether relief should be granted, but
recommended that the Board of Appeals carefully consider the
nature of the proposed retail uses as to their impact upon
parking and loading issues. One neighboring property owner
expressed concern as to past uses of portions of the applicant's
1
structure for the housing of employees, not in the space
permitted as an employer dormitory, but indicated that she had no
opposition to the proposed changes in use; otherwise, there was
no support or opposition presented at the public hearing.
4. As set forth in the application and as presented by the
applicant and his counsel at the public hearing, the Decision in
File No. 040-00 granted a Special Permit under Nantucket Zoning
By-law ~139-7.D(4), as it was then in effect, for the use of the
second story of the building then proposed by the applicant as an
employer dormitory, with the first story to contain three units
to be used for office purposes; the applicant proposed to use the
center unit as his dental office, and the offices at each end to
be rented out. The applicant represents that he has now
completed construction of his project, and that the second story
has in fact been used as a dwelling unit by himself and members
of his family, rather than as an employer dormitory. He desires
to be able to rent the end spaces on the first floor as retail
spaces as an al ternati ve to the office use. All of these uses
are permitted as a matter of right in the Residential-Commercial-
2 zoning district. However, the effect of the proposed changes
would be to reduce the number of required parking spaces under
By-law ~139-18 from 19 to 18, while requiring an off-street
loading space under ~139-20 because of the retail use. The
applicant does not propose to change the approved site plan for
the Locus. The actual number of parking spaces as laid out and
constructed upon the Locus is 19; there is currently no loading
area, and as represented by the applicant and as is apparent from
a review of the site plan there is no area which could be
dedicated as a dimensionally-conforming loading area without the
loss of more than one parking space. The applicant informed the
Board of Appeals that he has no prospective retail tenants at
present, but that the small size of the end commercial spaces
(each containing about 817 square feet) would indicate that the
tenants would be unlikely to need frequent deliveries from large
trucks. He further represents that there is, as a practical
matter, considerable open area in his parking lot to accommodate
deliveries to retail tenants; many of the parking spaces are
seldom if ever in use.
5. As presented by the applicant and accepted by the Board
of Appeals, the calculation of required parking spaces, with the
end spaces in retail use, is as follows:
Use
Number of Spaces
Southwesterly retail/office space, 817t sq. ft.
Up to four employees for above (not if in office
Northwesterly retail/office space, 817t sq. ft.
Up to four employees for above (not if in office
4
use) 1
4
use) 1
2
Central office space, 1110t sq. ft.
Single-family dwelling unit
6
2
Total
18
6. Based upon the problems with employer dormitory use upon
the Locus as described by the neighbor at the public hearing
(albeit not in the permitted space), a majority of the Board of
Appeals felt that the elimination of the employer dormitory use,
as offered by the applicant, would be beneficial to the
neighborhood, and that this would outweigh any detriment from the
failure to provide a conforming loading zone area. There will
continue to be nineteen parking spaces, one more than required.
7. Accordingly, the Board of Appeals makes the finding, by
a vote of four members (Sevrens, Loftin, Waine and Sanford) in
favor, and one (Toole) opposed, that the granting of a waiver of
the requirement to provide an off-street loading area upon the
Locus would be in harmony with the general purpose and intent of
the Zoning By-law; that the provision of off-street loading
facilities is physically impossible for the applicant to provide
and still comply with the parking requirement; and that the
granting of such relief would not be contrary to sound traffic,
parking or safety considerations, given that there is sufficient
space for deli very vehicles to pull entirely onto the property
for deliveries; and by the same vote of four members in favor and
one opposed, GRANTS the requested relief by SPECIAL PERMIT under
Zoning By-law ~139-20. C, to waive the requirement of a loading
area upon the Locus in the event of retail use. In addition, by a
vote of four members(Sevrens, Loftin, Waine and Sanford) and one
(Toole) opposed, GRANTS the MODIFICATION of the SPECIAL PERMIT
granted in the decision in BOA File No. 040-00 to allow
conversion of the two first floor end units to use as retail,
finding that said change would be in harmony with the general
purpose and intent of the Zoning By-law, subject to the following
conditions:
(a) There shall be no employer dormitory upon the
Locus, and the Special Permit granted by the Decision in File No.
040-00 shall be abandoned by the applicant and validated by the
recording of the present Decision after the expiration or
exhaustion of the appeal period; and
(b) There shall be no restaurant or food service in
connection with the proposed retail uses upon the Locus.
8. In separate action, by a UNANIMOUS vote, the Board
waives the requirements of site plan review under Nantucket
Zoning By-law Section 139-23.
3
(016-04)
Dated: April ~C, 2004
F:\WpA\AccDental\2004 ZBA DEe.doc
~
-;_.
""'" .",
~'1:,.,t
:E'-
Z .
c-:'
r"
IT
~
co
:::0
I..AJ
<::;)
.".""'.']i-
-0
N
<::;)
4
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
NOTICE
A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at
1:00 P.M., FRIDAY, MARCH 12,2004 in the Conference Room, Town Annex
Building, 37 Washington Street, Nantucket, Massachusetts, on the Application ofthe
fo llowing:
ACCESSffiLE DENTAL NOMINEE TRUST, MICHAEL MINER, TRUSTEE
BOARD OF APPEALS FILE NO. 016-04
Applicant is seeking a MODIFICATION of SPECIAL PERMIT relief granted in
the Decision in BOA File No. 040-00, which allowed the use if the second floor ofa
proposed mixed-use structure to be used as an employer dormitory. The Decision
contained a condition that stated "There shall be no use of the Locus for retail purposes
without further relief from the Board of Appeals." Applicant is now proposing to remove
the dormitory use on the second floor, maintaining a single-family dwelling instead, and
take the two end commercial units and convert their use from office space to two separate
retail spaces. The center commercial space would continue to be used for the Applicant's
office space. The current parking requirement is for 19 spaces and the requirement would
be reduced to 18. In addition, Applicant is seeking relief by SPECIAL PERMIT under
Nantucket Zoning By-law Section 139-20C to waive the loading zone requirement due to
the change from office use to retail use.
The Premises is located at 15 AMELIA DRIVE, Assessor's Map 67, Parcel 430,
Plan File 30-D, Lot 19. The property is zoned Residentia1-Commercial-2.
~.CPe~~l1W~
TIllS NOTICE IS A V AILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
NANTUCKET ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
CASE NO. at (p -04
FEE: $300.00
APPLICATION FOR RELIEF
Owner's name(s):
Mailing address:
Applicant's name(s):
Mailing address:
Locus address:
Michael Miner, as Trustee of Accessible Dental Nominee Trust
c/o Reade, Gullicksen, Hanley & Gifford, LLP
Same
6 Youn~'s Way, Post Office Box 2669, Nantucket, Massachusetts 02584
15 Amelia Drive
Assessor's Map/Parcel:
67-430
Plan File No.:
30-D
1/26/99 Deed Ref.:
Lot No.:
19
Date lot acquired:
609-237
Zoning District: Residential-Commercial 2
Uses on Lot - Commercial: None Yes (describe) Three offices
Residential: Number of dwellings-L- Duplex_ Apartments_ Rental Rooms
Building Date(s): All pre-date 7/72?
Building Permit Nos:
Previous Zoning Board Application Nos.:
or
2000
CofO(s)? Yes
040-00
State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of
the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities:
d
.J2:::-a.
See attached addendum.
-J
I certify that the information contained herein is substantially complete and true to the best of my
knowledge, under the ins and penalties of perjury.
SIGNATURE: Applicant _Attorney/Agent x
(I f not owner or 0 ner's attorney, lease enclose pro f of agency to bring this atter before the Board)
\ _ \ 1.1 FO FICE USE
Application received on:LWO ;(By: Complete: . Need copies?: .
Filed with Town Clerk: 2A~rO~Planlri:rtg-Bnard:_/_I_ Building Dt:(JL._/_l~~
Fee deposited with Town Treasurer:~i0~t;Ji By: Cl..,~aiver requested?:_Granted:_/_/_
Hearing notice posted with Town CJerkn..;J1.~: 2...2. y tjjl&l\1: 2.12& /~~ 3/ <( /21-
Hearing(s) held on:_I_/_ Opened on:_I_I_ Continued to:_I_I_ Withdrawn?:_I_I_
DECISION DUE BY: 1 / Made: / 1 Filed w/Town Clerk: 1 1 Mailed: 1 1
DEClSIO~ APPEALED?: / /
SUPERJOR COURT:
LA~D COlJRT
Form 4/0.1/0.1
ADDENDUM
The applicant requests a Special Permit under Nantucket Zoning
By-law ~139-20. C, for the waiver of the requirement to provide
off-street loading areas In connection with the conversion of
two office spaces into two retail stores. Under the Special
Permit issued by the Board of Appeals File No. 040-00, for the
use of a portion of the building which he then planned to
construct upon the locus as an employer dormitory. Pursuant to
this decision, he constructed a building with three office
spaces on the first floor, one of which he uses as his dental
office, and a dwelling unit on the second floor which was
planned to be an employer dormitory. Al though the locus is
situated in a Residential-Commercial 2 zoning district, in which
retail use lS permitted as a matter of right, the decision
contained the express provision that there be no use of the
locus for retail purposes without further relief from th~ Board
of Appeals. The applicant is not now using the dwelling unit as
an employer dormi tory, and wishes to abandon the approval for
the employer dormitory so that the dwelling unit will henceforth
be used as a single-family dwelling. With the Special Permit
use as an employer dormitory being abandoned, and with all
required parking spaces being provided, the applicant further
requests that the Special Permit in File No. 040-00 be modified
to remove the limitation upon retail use to enable the
northeasterly and southwesterly office spaces wi thin the
building to be used as retail stores. The total number of
parking spaces upon the locus, as shown upon the site plan
attached as Exhibit B to the decision In File No. 040-00, is
nineteen. With the conversion of the dwelling unit from
employer dormitory use to a single-family dwelling, the total
number of parking spaces required will be eighteen, computed as
follows:
Use
Southwesterly retail space, 8171 sq. f~.
Up to four employees for above
Northeasterly retail space, 8171 sq. ft.
Up to four employees for above
Central office space, 1110 sq. ft.
Single-family dwelling
Total
F:\WpM\Miner\ZBA APP.doc
I
)>
f\.)
i il I t
, .. !1
';>>1';; ~
" '
1 ~ ~
::J
~'d
-
~
t~
~...
i;:D
ll8 I
;u
;Jl
~
! f
,
:
Accessible
Dental
Ingram Design
~~::-::-~~;~i~2'
.aro.l'IgQ~QIl"II
--~""""~~,CDm
!
II
r
15....IJ'IeI~O"
t4AHTlJO(E'T, 1M
I I
~E'[~.S~8'80S
xa.J
~11m
lr'ii!)
l [h!I
,5", !
!U;"
lwl
hif
t...~ U~['
~6~:,[,[ VO Go
I
,
uul
~ I'
'... "-
"'-7;:. ........ ~
~ 0" ~~^" :
/ <e\ '----4f: '~>~
!S.A.
"
Iv.OA
/
/
..S.4.
7.
IO.U"
/
..s....
n
10.0 t..
tmL~
SCi-lOFIEI.O iiROTHERS. iNC.-;D
--
, ~
~
~, "
Z _''':' >.)--:-r
i6:t\-r.S'
~~" o..-.'l)
~ r :-:.~~
:; 1', ':: ~~
~
..
~
.-rte.;
~~~~t~,f,~,~
PROFlSSI~l\IAI. l~GINl[rRS' ItECISTF~(D lj1l4C SURVEYOR!ii
~,. .~~ 7 :~JC:- i.
.1'
Jl,'
1,95
i.. ~'f:-::~..Al ST., NANTu.,;"r,T. M.'SS.
A~tB~"'.- A,-~'~"
f/~'~~BU"'\.'~ fi/ .,.....- I '~;',
1":;' ..~;: W~,f' "<'0 )'C
\" "... :)i7:,O/ J \ \ -' .;.t-<:.:;,I j.
:z;<:/-.~?r;~'~~ . ~;.-;' ~.:.._. ~--:~:;:'~~I:
. ~";'kpd~Z
.-'---., ~--~---_.~. ---
'j,.'
"',,::"":~~-';,,'l
;..-'.':,-"
...~::~:::~i..r
"A
kl~-'1t;)
I
I
L
(
jC
i'-;
"
~J 2_~9_~ 0 L
"
loe t..
61
~
/ ~
01 / ~':II~
I '~I ~
I I I ""
I I I ~ 2!~
I I I I '" ~ ?~
/ / / ~,
I I I //./
I I {//
I I _ ,~
I 1/
I I.
/1
" Ii
"
<;)
ill
8
""
~z1
~~~
~
~
I
I
I
/
I
I
I
2
"
'"
0:::
'" '"
!;;Z"
~~~
n
~ 8
"',~ ~
/ ~ ..~ ~{.s
~ ~+o
I ""~
00_ / ~
I I
I I"
I 1&'
I IC\. I
I I iT '" ~I
I ry .c;,
I-t! 1
I
I
<5
I
I
I
I
I
I
0",
~~
~<b. ~.S'
.l?q,~
I~
~
!il
<:>
~
<:>
..
,.
~
z
<;)
~
e~5
o~~
g ICI ......
ii~ (0
rr
'..
\
\
/f 1.t (;
<0:;
(/J
I?/V
~l:t
'-
)to,
ftt /) J:-. () ,0,
<..) 'I/~
~
<5
Z
,.
Z Z
~ 2
~ g:2"'~
10 'l'Qif
~:5 ~~6~
!!oo crE-<~
q~ o?-'~-<
~ ~S-<~
g: .
.. z
r>
"U
"
'"
"U
,. ,.
() "
~8
~~ b
() '" "
:r. r- ..
,.",
PJg
;r:z
--I
Z,.
~r
, Z
;;Irf
~z
Mf;!
"'-1
"
C
~
,. 0 V)
~ ~"1J ~
~ o~ r;t 0 ~
~ ~::O:7, ~!) ,. ~
V) ~~ !!.~8-1()
~ ~;;o q-03:'!E~ "t]
~ ()~ ~~(J1~-i b
::Cr!1()o[;)Z~;::_-t
rrl f'T'I'" -< ITI>Z."
~ 88 ~ ~ ~t! 5i~ ~
.. "^>~>c::~'O()
cO)O) z:s:;g OC) :!!e
~ ~~ ~8F ~OJ ~14
"'"u"u M"", 00 :::j
-..j e;~ ~~,..~ z~ tn
~f'T'If'T'I?~~ 0
r:::~ 09'8
.po. Ol.p. I'>J
'" 0
o g
~
~
..,
o
'"
o
I';
z
.L
~
/" "
I
I
I
I
I
I
I
, I
I I
II
/
~
~~C~
NO 6 ~ w
~i ~ ~
~~ ~ >
"'... g z
~~ ~ ~
illlll <:> if
~M if >I
,~~ ~ ~
~~ ~ ~
='z ~ Q
~!!l " lii
-~ ili ='
fa ~ lS
~z ~ ~
m> :::tl,S
+~ ~ ~
~ 0 :Ii i
~ fd
A <:> Z
;q~
~ ~ ~
1!l
ili
~
"
"
)~
:J:
I ,.
'"
1<:>",
/ !-z't
I a~t;
I g _
~
~
~~;g~~~~~ ~i
~~~_?5~~~~ ~l5
o"'la!jll\'-<"'''' "'p
~~og!.Q~ilo :0.>
~g~6~o~~ ~.~
~~~g~~~~ I~
~:;;o8~l<l~. · ;!~i
oS:oa Y'~c
!':'''~~,..'t;8''!l!
n n ~oQ~;::!UI~~
fo,)~>,n l:t .p _~,....
t:~~!:l!(JI' :i......g
.. ,>I:'] . ~~
't... ~~
2j!:
~"
~
!(l":::l"
~ ~;~~I~i
,.. lii~<:>lli"'li
:llill,f;ir;:"~"
~~"'8~,1II~
ee~~'8~>
, "A~Ii!JIlll!::I
;;g;i"~:"d
\GIG "J:l~1
aa~h~~
~!fE'~
<:>Y.li~~
~..,-<t;~
/,l(! 'li1
>>R ~~
tIll l(!j!:
ri ~~
"$ lii~
:~ ~
~ '"
'" ~
~
"..
I
i
II-
JIl
:"
j
1
i
.."..._."'..........""''''~_..~.._-
1
aOOl0665,;cI1fr2
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET. MASSACHUSBTI'S 02554
~
Datel
~~
June ~
, 20 00
TOI Partie. in Interest and. Others concerned vith the
Decision of the BOARD OF APPEALS in the Application of the
folloving I
Application No.1 040-00
Owner/Applicant I ACCESSIBLE DENTAL NOMINEE TRUST
Enclosed is the Decision of the BOARD OF APPEALS vhich has
this day been filed in the office of the Nantucket Tovn
Clerk.
An Appeal from this Decision may be taken pursuant to
Section 17 of Chapter 40A, Massachusetts General Lavs.
Any action appealing tho Decision must be brought by
filing an complaint in court within TWENTY (20) days after
this day'S date. Notice of the action vith a copy of the
complaint and certified copy of the Decision must be given
to the Town Clerk so as to be received vithin such TWENTY
(20) Clays.
~. t\().J.~
William P. Hourihan, Chai.rman
ce I Tovn "Clerk
Planning Board
Building Commis.ioner
PLEASE NOTE.. MOST SPECIAL PIRMITS AND VARIANCIS HAVB A 'l'IMB
LIMIT AND WILL IXPIRI IF NOT AC'l'ED,UPON ACCORDINO.~ NANTUCKIT
ZONING BY-LAN 1139-30% (SPECIAL PBRMITS). 1139-321 (VAIIANCIS)
ANY QUESTIONS, PLIASB CALL THE NAN'l'UCK8'1' ZONING BOARD OF APPEALS.
v
,ooIl0665,m 163
NANTVCltB'1' ZONING BOARD 0.. APPBAL'
37 Washington Street
Nantucket, Massachusetts 02554
Assessor'. Map 67, Parcel 430
15 Amelia Drive
Kcvidential COllllllercial-2
Plan File 30-D
Lot i9
D~cd Cuuk G09, Pugu 237
DECISION:
'1., At, a public hearing of the Nantucket Zoning Board of
Appeals, on Friday, June 9, 2000, at 1:00 P.M, (continued from
May 12, 2000) in the Conference Room, in the Town Annex Building,
37 Washington Street, Nantucket, Massachusetts, the Board made
the following decision on the application of MICHAEL MINER, as
Trustee of ACCESSIBLE DENTAL NOMINEE TRUST, c/o Reade,
Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669,
Nantucket, Masoachusetts 02584, File No. 040-00:
2. The applicant is seeking relief by SPECIAL PERMIT under
Nantucket Zoning By-law li139-7.D(4) (Employer Dormitory use).
The Applicant proposes to provide housing for up to six employees
on the second floor of a proposed commercial structure, with the
commercial portion of the structure, being allowed as a matter of
right without relief from the Board of Appeals. The structure
will also contain three separate commercial units on the first
floor that are planned to be used as office space. Ground cover
of the structure will be about 3,116 square feet. The applicant
proposes to provide either sixteen parking spaces and one loading
area, or nineteen parking spaces (a loading area not. being
required for office use), on-site. Should the Board of Appeals
determine that more spaces are required, the applicant requests,
to the extent necessary, relief by SPECIAL PERMIT under Nantucket
ZOning By-law 5139-18 to waive up to four parking spaces and
under 5139-20 to waive the loading area. The subject property
(the "Locus.) is situated at 15 AMELIA DRIVE, Assessor's Map 67,
Parcel 430, is shown upon plan recorded with Nantucket Deeds in
Plan File 30-0 as Lot 19, and is zoned as Residential Commercial-
2.
3 . Our decision is based upon the application and
accompanying materials, and representations and testimony
received at our public hearing. The Planning Board
recommendation was favorable, subject to the imposition of an
appropriate managemenc plan for the proposed employer dormitory~
There was no supporc nor opposition presenced in person, in
writing or through " representatives at the public hearing.
4 . As presented by the applicant and his legal
representatives, the applicant proposes to construct a structure
which will contain three office units, "with total commercial
gross floor area "of about 2.898 .quare feet. on the first floor.
and a residential unit, to be used as an employer dormitory to
1
" ". - . .-.....;.,. ~ ........... .-.,. p . ..-...._---_.~-
~""--._--...._..._-'----
lOOI0665PAtll64
bouse up to six employees, on tbe second floor. The hallways and
access stairs in the interior layout of the first floor serve the
dormitory use only and are not for use in connection with the
office space; accordingly, they are not included in the
computation of the area in commercial use. Tbe offic:e use is
permitted as a matter of right in the Residential Commerc:ial.2
zoning district; the employer dormitory .1s dependent upon the
granting of a special permit under S139-7 .D(4) . The applicant
originally presented the application with a loading area and
additional parking spaces for employee use. in an effort to
secure the use of each of the commercial units for office or
retail purposes in the alternative; however, the applicant
withdrew the request for parking and loading area relief on the
basic that all parking for the commercial use, if used
exclusively for office purposes, could be accommodated upon the
Locus, and no loading area would be required. The applicant will
comply with parking requirements, providing nineteen spaces as
shown upon the site plan attdched hereto as Exhibit B, with
eighteen spaces being required (fourteen for the office u~e and
four for the employer dormitory); and with the open space
requirement of 20\' of lot area. Accordingly, the only relief
requested from the Board of Appeals is for the approval of the
employer dormitory under 5139-7.0(4).
S. By UNANIMOUS vote, the Board of Appeals found that the
proposed use of the second floor of the structure as an employer
dormitory for up to six persons would be in harmony with the
general purpose and intent of the Zoning By-law, and GRANTED the
proposed relief under 5139-7.0(4) to allow this use by SPECIAL
PERMIT, subject to the following conditions:
(a) The employer dormitory shall be managed in
conformity with the provisions of the Dormitory Management Plan
attached hereto as Exhibit A;
(b) The layout of structures and parking upon the
Locus shall be substantially as shown upon the site plan of the
Locus as presented to the Board of Appeals and endorsed by the
Board pursuant to the provisions of By-law 5139-23 on June 9,
2000, being a plan by Nantucket Surveyors, Inc., revised through
May 25, 2000, a reduced copy of which is attached hereto as
Exhibit B, with trees of a caliper of at least four inches in the
locations shown, and with a fence along the sides and rear of the
Locus as shown;
(c) There shall be no use of the Locus for retail
purposes without further relief from the Board of Appeals;
(d) The employer dormitory shall be used by a maximum
of six employees;
(e) There shall be a maximum of three office units;
all of which shall be on the first floor; and
2
. -----_.--_...._.~--~-~
~ooK0665rAcl165
"(f) The third floor 8torage space shall be used as
ancillary storage for the residential use only.
Dated: June J.3, 2000
RECEIVED
TOWN CLERK'S OFFICE
NANTUCKET. MA 02554
JUN 2 3 2000
TIME: r IS" p'"
An\')l r -I-:-
C&:EJU<- l. no. .. ..
. ,
..\t"'"'!l tI~ lie....
I CDTlFY "OIAT Jl DAYS HAVE E1.AI'SED APIa
1IIIiDfClSlON WM FILED IN 11IEomciiOF"DQI
1OWNCUlRK, ANDnlATJiIO APPIlALIfASBmf
F!l.m;l'U!iI$UANI'lOCEllF.RALIA_4D.\SBCIDIU
~ 9J,-'~~ma~
JUl'14' 2OX)a
3
80010665,aetl66
~.A
15 ~MELlA DRIVE DORMITORY MANACEMENT PLAN
. I. . The property owner shall be responsible to plant and pennanently maintain a compact
hedge at least four feet high along the perimeler of the lot (except along any common driwway)
10 provide screening from neighboring parcels.
2. All exterior lighting shall be directed generally downward and placed so as to DQt be
directed at any neighboring parcels,
3. The locus shall be serviced by a commercial trash removal service, with trash to be
removed at regular, frequenl intervals year-round, as needed,
4. No exterior storage of furniture (with the exeeplion of items typically used as lawn
furniture), refusc, mechanical components, debris, unregistered or inoperable vehicles, orothcr
malerials constituting a nuisance, shall be permittcd on the locus.
5. No loud music or other noise violllling Ihe Nantucket nolac.by.law or any other
pruvision of law from time 10 lime in effecl shall be permitted upon the lot.
6. The donnitory building upon the locus shall nOI be used for the housing of any persons
except for employees of an owner of the locus, or employees of a tenant of an owner of the
locus. No portion of any building upon the locus shall be rented to any person for occupancy
by such person; all tenants shall be employers, and all occupants shall be employees of an
owner or tenanl, who arc licensed by their respeclive employers 10 occupy a space in the
donnitory by virtue of their employment and for only so long lIS their employment shall
continue.
7. Each lellSe to an employer shall sel fonh thallhe employer shall be responsible for
compliance with all provisions oflhesc: conditions by the employees of such employer and
within the area lellSed to such employer,
8. . No person who does not reside on the premises shall be on the lot between the hours of
11:00 pm and 6:00 am.
9. The premises and grounds of the lot shall be kept neat and clean at all times.
10, TIle 10lal number of motor \'ehicles pennitted 10 be kept upon the lot by the owners of
the lot, temmts, or their employees or guests shall not exeeed the number of on-site parking
spnees provided upon Ihe lot. No enlployee shall keep a motor vehicle upon the lot without the
consent of his or her employer,
II. The owner of the locus. or the tenant ofan owner oftbe locus shall make available 10
their employee:s free: Nantud,et Re,iollal Transit Authority shuttle pllSses for lhe enlire period
I
I
..
.---..
!
.
t i~
. I'f K.
ii -0:
.. i"
J. tf
l'i"
~;'d
f~h~il
. .f.
..~y..t
':~ii.'e
.'8"~' .
1"::.~NI
' .). ..~.'
, ~~'" r
. i ;~{~t'
.t"....i
I. It ~.~
-..y... _XI t:
li~..;' -:1=
. 3~;!~ '!~B:i
~: ~'~.hli'
~.. a"&II) KW
a~ g!1l1.,
I. Ii ,iliii!il/
~ i
:~d '
t ;... "
, '
t('
,
! .
-
;QOIl06Ji5acll68
. -
BXHIBr1' B
~:~~ I.' ,
~:.Y:( "': ~ 11''- I "
! ItlClt!!~ II .
Ilv~dil!, 1111
~'!i~'~ '.119 'd I'~ll~ II
I 1:1!!l1 I !jll~I' ,
· i '. II
~~ r.~
. O"VIt,
'0..
"
~~
'1~
"0')
~')
~~~
, ,
" . "
, , ,
* ,..,
, . ,
, , ,
. /,'. ,I'
I e
, ..tJ
~;I
.ob
...~.
.j
4
::
I
,
,
, ,
, I
" .'/. i',"
, ". .
, ;,' "
c, ..., ,.
,. , " I
"" '. ,
'" I ,.
~ I ./'
totr
;aa
4 Z
j"
-a
End 01
Inslrumeal
: ~.. :
'irl
!j
1 ,
:l ~.
f~;
i~~
1
.
I
I
I
1
I
~ .
f
\
,
Btlllll0665PAtl167
lhat such employee resides in lhe donnitory.
12. The property owner shall periodically conducl orienlation sessions, which each new
employee and a representative of each new employer housing employees shall be required to
attend. in order to ensure that each employer and each employee fully understand all conditions,
nalcs and' regulations applicable to the donnitory.
13. The Zoning Board of Appeals shall relain the right to revoke and/or amend the special
pennit if, in the opinion of the Board,the continualion oCthe donnitory special pennit would be
inconsistent with the intent oftbe Zoning Bylaw or the intent oCthe original speeial pennit,
based on citizen concerns. a review of complaints, and/or any other evidence from law
enforcement officials. residents or Board members.
01/08/2004 11:23 FAI 5082285630
READE GULLICKSE
~OOl
,) ;)-b- 7 ~I U
iJ, 5. () 0
Town of Nantucket
ZONING BOARD OF APPEALS
RECEIVED
BOARD OF ASSESSORS
JAN 0 72004
TOWN OF
r'~ANTUCKETJ MA
LIST OF PARTIES TN OOEREST IN THE MATrER OF THE PETITION OF
PROPER TY OM-'ER,. OJ. ~~~~:/.. m.~, ,0.(:.~ .~~,-4.e-
MAILING A'ODRESS,. ...,(~..<<~tf.~..". .., ...... '.......,.., ......, ... ....
PROPERTY LOCATION... ...... ..!.~,.,~.~:~,;.... ....,.. .,., ,......... ..."
ASSESSORS MAPIPARCEL..,... .p.t?4'.,Z-:.... x'~.Q....,..,...... .,.., .,....
. /] ../. ;(
APPliCANT.. .......... ...~4rl((.$;.td!uAiI0..('i'~3rt6"fi,q
SEE An-ACHED PAGES
I certify thaI the fo~egoing is a list of persons who a.re owners of a~\lttm~ property, Owne~ of
land directly opposite on any public Or privllle street or way; and abutters of the ebutten and all
other land.,wners within 300 feet <:Jf the property line of owner's property, all as they appear On
the most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139,
Section J 39-29D (2) .
~~.., ,C?".. ;6(!/? Y
fIoA TE .
f1-" tl /;;W~
.~.......... .
ASSESSOR'S OFFICE
Town of Nantucket
(!)
z
~;j
CI)
H
~8
CI)~
!l:U
rZlP
88
~~
~Z
~
o
:j e ~ l>: l>: l>: l>: l>: l>: l>: l>: l>: l>: l>: l>: l>: l>:
~ S Q Q Q Q Q Q l>: Q Q Q Q Q Q Q Q
~ :5l~~~~~~~~~~~:'Hi~~~:~~~~~~~~~
.... "~~~~~u~ ..:i..:i..:i..:i..:i..:iH..:i..:i..:i..:i..:i..:i..:i..:i~
~ ~~~E<~~~E<~~~~~~~~~~~~~~~~~~~
... ~ E-4 E-t E-t :<
co CD\DqoNrtOltO Mr-IC7If"-t"l.-4 "lI'NOCDI.D<oitNOLll
n. Nrtl""lrtr-fr-tNr-lOJ"'..,NNr-I....rt...-tO'lNNNr-l..-tf""lr-tr-l....
N M r-l .., .., .., .., .., 0 .., .., 0'1 ~ .., .., 0 .., .., .., U') .., .., .., .., .., 0'1 ..,
CD MOrt U') U') U') CD \D CD \D \D ("II U') CD \D U') CD CD N U') U') U') U') U') U') U')
~ U') U') .., rt U') U') U') U') r-- U') U') rt 0 U') U') .., U') U') U') 0 U') U') U') U') U') .., U')
0'" .-40Lll..,NNNNr-tNNNNNN\DNNNNNNNNNNN
N 0.-400\00000000000000000000000
~ Si ~ !: rJ Si Si Si Si Si Si Si Si Si Si ::i t Si ::i Si ::i Si ::i ::i ::i Si Si ::i
o
U
:l: '"
g ~ ~ ~ E< E< E< E< E< ~
~ I~~~~:::~:~~
~ ~~~~i;~~~~~&
N
II
II
II)
~
'0
'0
0<
l>
~
""
....
""
~
~ tl ~ E<
~ ~ ~ ~ 0
u 0: f-t M CD U") LIl
II ~~~:g~~~
e ~5"'~~~
'0 0 ....
~ ~~~~~~~
E<
'"
r.l
Q
II)
= ~
:z: H
E<
II l>:
I r.l
~ '"
II) ~
~ '"
o
o .....
U U
i
u
~ ~
t ~
II) ~ ~ ~
= r.l ~ !:l
~ ~ ~ 5
I U
.. ~ >< ><
! ~ ~ ~
~
~ ~
t; ~ ~ t;
:z: :z:
H >< >< H
~ f,l 16 8.
01 2 2
>< ><
o 0
III III
o
'"
E<
'"
iil
E<
r.l
E<
0<
E<
'"
r.l
a
U
~
..:i
III
I
~
.. ~ ~
l>: ~ .., r.l
~ : e
'" [;l
~ ~
'" ~ 2
:z: >< ~
~ ~ ~
!C l>: '"
:z:
r.l roo ..,
H ~ ~ ~
~ C! j tJS
0< H:l:
~ '" g; tK E<
f-t en 0 en rn
'" 0 !2 0 0
~ ~ ~ ~ ~
~ ~
o '"
.., p
'"
E< E< E< E< E< E< E< E< E< E< E<
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
'" U U ~ U U U '" U U U U U :z: U
~ i i ~ i i i ~ i i i i i i i
~
~ ~
\0
co
>< III III
~ l"l N
~ ~ ~
l>: III III
~ ~ 2 2
~
!
..
~
~ 0<
Dol ~
E< H
H ..:i
; ~
~ tK
re ~
rJ m
~
~
H
l>:
r.l
~ ~
.., rJ
~ ~
~ 1;l ~
l>: " 0
..,
~ ~ r.l
2 g ~
~ ~ 1;l
" :l: "
~
~ ~
:l: 0<
t: ~
l;: ~
01
o ....
.... ....
:z:
o
><
H
:z:
r.l
r.l
r.l
E<
'"
~ ~ ~
~ Dol ~ 0<
.. Q
H ..,
X ~ :l:
>< Q '"
~ l>:
'" ~
H '"
~ III
Q ~
o \0
\0 01
or co
N N
>< ><
f,l f,l
~ ~
~ >< ~ ~ ~
>< ~ l>: '"
~ r.l tl ~
'" ~ '" 0
~ ~ ~ m
~
~
'"
..:i
..:i
~
~
~
s
~
r.l
Q
0< III
H l"l
..:i
~ ~
~ ><
!i ~
r.l
tK ~
~ E<
2 2
r-- lI'1 M CD "'lI'
'" M .. .-t .-t
o
2 ~ ~
~
E< ..:i
'"
iil ~
E< H
l>:
r.l Q
~ l>: 0<
H E< H
X ..:i
~ ~ ~ g:
~ ~ ~ i
~ ~ t; ~
tK
a ~
'"
p ..
~ ..,
.c ~
~ ;
.. ~
~ U
H .c
Ii ~
~
""-
e-
N
E<
'"
~
E<
E< '"
'" iil
iil E<
E< r.l ~
~ ~ ..:i
~ ~ ~
t1 :z: U
~ g; !i1
H :z:
l>: 0< 0
Q H '"
..:i ..:i
.c ~ H
H tK
..:i
~ ~ ~
U1
~ \D r-- CD 0'1 rt ("II M r-- CD 0'1 0 M N M ..,
.s ~:~~!;~~~~~~~~~~~~~~~~:::::~
..
~
~
8
U
l:!
E< '"
..:i ~
:z: ..,
~ ~ ~ ~
.. ..:i ..,
l>:
E<
..,
l>:
S ~ ~ ~ ~
U '" U
H H
l>: .., l>:
:z: l>: :z:
>< r.l r.l r.l
~:c ~ ~ S
H ~ H
..:i ..:i
" "
~
~ roo !2
..:i l>: r.l
~ ~ ~ ~
~ ~ :l:
80><
u m :::
o
a
N
'-
'"'
0.
:J ~~~~~~~~~~~~~~~~~~~C;~~~~~~~
'-
rl