HomeMy WebLinkAbout051-04
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: fU(}U-em~r 17, 2001
To: Parties in Interest and. Others concerned with the
Decision of .the BOARD OF APPEALS in the Application of the
following:
Application No.: QJI-O <I
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Sh~tPer) aSf('L;;t~e~ Or- C'ronhz~ Bd~rCUs.ti
Enclosed is the Decision of the BOARD OF APPEALS which has
this day been filed in the office of the Nantucket Town
Clerk.
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An Appeal from this Decision may be taken pursu~nt 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.
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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 PERMITSb ~139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
NANTUCKET ZONING BOARD OF APPEALS
One East Chestnut Street
Nantucket, Massachusetts 02554
Assessor's Map 65
Parcels 14,15 and 15.1
5 and 7 Bartlett Farm Road
Residential Commercial-2
Plan File 04-05,
Lots 5, 6, 7 and 8
Deed Ref. 247/277; 878/197;
427/258; 878/199
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Friday, August 13, 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 DEAN S. LONG AND MELISSA S. LONG
(5 BARTLETT FARM ROAD); AND CHRISTOPHER F. SCHULZ AND BARBARA M.
L. SHEFFER, AS TRUSTEES OF CRANBERRY BOG TRUST (7 BARTLETT FARM
ROAD), c/o Sarah F. Alger, Two South Water Street, Nantucket,
Massachusetts 02554, File No. 051-04:
2. Applicants are seeking relief by SPECIAL PERMIT under
Nantucket Zoning By-law (the "By-law") SSI39-9B(2) (a) (light
manufacturing), (b) (storage and warehousing), and (i) (food
processing, manufacturing and packaging) to allow the
continuation of their distillery business. To the extent
necessary, Applicants are seeking relief by SPECIAL PERMIT under
By-law SSI39-19.E (driveway width) and 139-19.G (screening
etc. ). Applicants propose to validate and continue to use the
Locus for the following purposes: a single-family dwelling,
agricultural purposes, consisting of a winery and brewery, which
uses are said to be protected from zoning regulations under
Mass. Gen. Laws c. 40A, S3, and for a distillery. All required
parking spaces and loading zone would be provided on site. The
Premises is located at 5 AND 7 BARTLETT FARM ROAD, Assessor's
Map 65, Parcels 14, 15, and 15.1, Plan File 04-05, Lots 5, 6, 7,
and 8. The property is zoned Residential Commercial 2 ("RC-2").
3. Our Decision is based upon the Application and
accompanying materials, and representations and testimony
received at our public hearing. There was no Planning Board
recommendation. There were two individual letters and one
peti tion with 12 signatures in support from area residents on
file. One interested member of the public spoke in support.
There was no opposition expressed at the public hearing. The
Zoning Enforcement Officer spoke at the public hearing and
stated that after assessing the situation, treating the lots as
merged, the property did not meet the threshold test for
consideration as a Major Commercial Development.
4. Applicants, through their representatives, stated that
the Locus is benefited by a grant of Special Permit relief in
the Decision in BOA File No. 079-03. That Special Permit
allowed a reconfiguration of the lot lines between Parcel 2 on
Plan Book 17, Page 45 ("Parcel 2"), and Lot 3 and Lot 4 (already
merged together as one lot for zoning purposes) on Plan Book 24,
Page 36 (Lots 3 and 4"), in order to cure a side yard setback
intrusion. Pursuant to that Special Permit, Parcel 2 was
subdivided into Lot 5 ("Lot 5") and Lot 6 ("Lot 6") on Plan No.
04-05, and Lots 3 and 4 were subdivide into Lot 7 ("Lot 7") and
Lot 8 ("Lot 8") on Plan No. 04-05. The owners of Lot 5 and Lot
6 swapped Lot 6 with the owners of Lot 7 and Lot 8 in exchange
for Lot 7. As a result of this exchange, Lot 5 and Lot 7 were
combined and merged as one lot, and Lot 6 and Lot 8 were
combined and merged as one lot. As a condition of the relief
granted herein, Applicants propose to combine and merge Lot 5,
Lot 6, Lot 7, and Lot 8 to form one lot for building and zoning
purposes. The resulting lot (consisting of Lot 5, Lot 6, Lot 7,
and Lot 8) is referred to herein as the "Locus."
5. Applicants, through related entities ( collectively
"Applicants"), propose to continue to use the Locus for one
single-family dwelling, for various agricultural purposes,
consisting of a winery and a brewery, and for a distillery. The
winery and the brewery, as agricultural uses, are protected from
zoning regulation under Mass. Gen. Laws c. 40A, S3, which
provides, in relevant part, that "[n] 0 zoning ... by-law shall...
prohibit, unreasonably regulate or require a special permit for
the use of land for the primary purpose of agriculture, ... or
viticulture." The brewery is operated under a "farmer brewery
license" under Mass. Gen. Laws c. 138, 19C; the winery is
operated under a "farmer winery license" under Mass. Gen. Laws
c. 138, 19B; and at some point in the future, the distillery
license under which the distillery is operated may become a
"farmer distillery license" under Mass. Gen. Laws c. 138, 19E.
Applicants grow hops and have a working vineyard on the Locus,
and during the months of June, July, August, and September of
every year (or during the harvest season of the primary crop
raised on the Locus by Applicants), the majority of the products
for sale, based on either gross sales dollars or volume, have
been produced by Applicants on the Locus as required under Mass.
Gen. Laws c. 40A, S3.
6. The Locus contains a total of 151,011 square feet,
more or less, and has frontage on Bartlett Farm Road of about
382.88 feet. The Locus is subject to the provisions of a
Conservation Restriction dated March 26, 2004, recorded with
Nantucket Deeds in Book 882, Page 257 (the "Conservation
Restriction") . Applicants are prohibited from widening the
existing driveway and otherwise meeting all of the requirements
of By-law S139-19 as a result of the provisions of the
Conservation Restriction. As currently improved, the Locus is
as shown on the Conservation Restriction Plan drawn by Charles
W. Hart & Associates, dated March 2, 2004, revised March 29,
2004, a reduced copy of which is attached hereto as Exhibit A.
The Locus, improved pursuant to this Decision, would be as shown
on the Proposed Site Plan drawn by Burnham Engineering, Inc.,
dated July 7, 2004, revised August 2, 2004 (the "Site Plan"), a
reduced copy of which is attached hereto as Exhibit B, and would
contain the following structures:
2
structure Square feet
Dwellin
950
3,210
Buildin
3,000
594
1,600
As so improved, the uses on the Locus would require the
provision of three (3) on-site parking spaces, as follows:
Use Parklng spaces requlred
One sin Ie famil dwellin
1 space per every 900 square feet of
light manufacturing for the
distiller
Total arkin ired
1
2
3
Such spaces and one off-street loading facility will be provided
on the Locus as shown on the Site Plan. No parking spaces are
required for the agricultural uses, but if they were, then a
total of 16 spaces would be required for all uses upon the
Locus. All required parking would be provided on site.
7. Based upon the foregoing facts, the Board of Appeals
finds that the structures and uses on the Locus, as merged, do
not meet the threshold requirements for consideration as a Major
Commercial Development, because the agricultural uses (the
brewery and the winery) and related uses are not subj ect to
regulation by special permit under Mass. Gen. Laws c. 40A, 3.
In addition, the Board finds that the requested relief is in
harmony with the general purpose and intent of the Zoning By-law
and would be consistent with other uses existing in the
neighborhood.
8. Accordingly, by a UNANIMOUS vote, the Board GRANTS the
requested relief by SPECIAL PERMIT under Nantucket Zoning By-law
S13 9-9B (2) (a) , (b) and (i) , to allow the continuation of
Applicants' distillery business, and under SSI39-19. E and 139-
19.G to validate the proposed site plan, based upon the
following conditions:
a. The improvements, including parking,
driveway width, and screening, shall be
substantially as shown upon the "Zoning
Board of Appeals Proposed Site Plan" ,
prepared by Edward Burnham, Registered
Professional Engineer, dated July 7, 2004,
revised August 2, 2004, a reduced copy of
which is attached hereto as Exhibit B;
3
There shall be no events on
entertainment license issued for
wi thout further relief from this
the appropriate Boards;
Lot 5, Lot 6, Lot 7, and Lot 8 on Plan No.
04-05, now known and numbered as 5 and 7
Bartlett Farm ,Mad, shall be conveyed into
common ownership and merged for zoning and
building purposes;
Retail sal~s on the property related to the
distillery shall be limited to those
products produced and bottled on site;. and
Applicants shall insure, to the greatest
extent permitted under the Conservation
Restriction, that the sight distance related
to the access on to Bartlett Farm Road shall
be a minimum of 475 feet in both directions,
based on a posted 40 mile per hour roadway,
according to best practices as suggested in
the American Association of State Highway
and Transportation Officials.
8. In separate action, by a UNANIMOUS vote, the Board of
Appeals APPROVED Exhibit B as the site plan under Zoning By-law
SI39-23.
g.
b. The uses on the Locus, consisting of Lot 5,
Lot 6, Lot 7, and Lot 8 on Plan No. 04-05,
shall be limited to the following without
further relief from this Board: a single-
family dwelling, agricultural uses,
consisting of a winery and a brewery (with
related uses, including retail sales) and a
separate distillery business;
c. There shall be no food service or takeout
service on the Locus;
d.
si te or
the Locus
Board and
e.
f.
Dated: November /7 ,2004
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TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
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A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS':'Yil1
be held at 1:00 P.M., FRIDAY, AUGUST 13,2004, IN THE CONFERENCE ~
ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket,
Massachusetts, on the Application of the following:
DEAN S. LONG AND MELISSA S. LONG (5 BARTLETT FARM ROAD); AND
CHRISTOPHER F. SCHULZ AND BARBARAM. L. SHEFFER, AS TRUSTEES
OF CRANBERRY BOG TRUST (7 BARTLETT FARM ROAD)
BOARD OF APPEALS FILE NO. 051-04
Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By-
law Section 139-9B(2)(a) (light manufacturing), (b) (storage and warehousing), and (i)
(food processing, manufacturing and packaging) to allow the continuation of their
distillery business. To the extent necessary, Applicants are seeking relief by SPECIAL
PERMIT under Sections 139-19.E (driveway width) and 139-19G (screening etc.).
Applicants propose to validate and continue to use the Locus for the following purposes:
a single-family dwelling, agricultural purposes, consisting of a winery and brewery,
which uses are said to be protected from zoning regulations under Mass. Gen. Laws c.
40A, Section 3, and for a distillery. All required parking spaces and loading zone would
be provided on site.
The Premises is located at5 AND 7 BARTLETT FARM ROAD, Assessor's
Map 65, Parcels 14, 15 and 15.1, Plan File 04-05, Lots 5, 6, 7 and 8. The property is
zoned Residential-Commercial-2.
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Nancy 1. Sevre s, ChaIrman
TillS NOTICE IS AVAILABLE 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, MA 02554
CASENO.OS,-or
FEE: $300.00
APPLICA TION FOR RELIEF
Owner's name(s): Dean S. Long and Melissa S. Long (5 Bartlett Farm Road); and
Christopher F. Schultz and Barbara M. L. Sheffer, as Trustees
of Cranberry Bog Trust (7 Bartlett Farm Road)
Mailing address: c/o Sarah F. Alger, Attorney, Two Union Street, Nantucket, Massachusetts 02554
\
Applicant's name(s): Same as above.
Mailing address: Same as above.
Locus address: 5 and 7 Bartlett Farm Road, Nantucket, Massachusetts 02554, MaplParcel: Map 65,
Parcels 14, 15, & 15.1
Plan Book & PagelPlan File No.: Lots 5, 6, 7, and 8, Plan 04-05
Date lot acquired: 04/15/86 (5 Bartlett Farm Road) and 09/20/93 (7 Bartlett Farm Road)
Deed Ref.: Book 247, Page 277 & Book 878, Page 197 (5 Bartlett Farm Road); and Book 427, Page 258 &
Book 878, Page 199 (7 Bartlett Farm Road)
Zoning District: RC-2
Uses on Lot - Commercial: None _ Yes (describe) agricultural (winery & brewery) & light
manufacturing (distillery).
Residential: Number of dwellings_ Duplex_ Apartments_Rental Rooms
Building Date(s): All pre-date 7/72? No or 1985; 1996 C of O(s)? Yes
Building Permit Nos: 4459-85 and 12982-96
Previous Zoning Board Application Nos.:
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:
Please see the attached addendum.
I certify that the information contained herein is substantially complete and true to the best of my
knowledge, under th pains and p nalties of perjury.
SIGNA TURE: Applicant Attorneyl Agent --X-
(If not owner or , please enclose oof of agency to bring this matter before the Board)
7C?tiP FO ZBA F ICEUSE ~ ~
Application received om_'_ By: ~ :._~.~ Complete: Need cop~_
Filed with Town Clerk:'2..j2G Planni _ 0_(1' .' " BUIlding Dt:l'l.. I ~:
Fee deposited with Town Treasurer:( l2btc)'fBY: ~aiver requested?: Granted:~_I_
Hearing notice posted with Town Clerk:~~12:i Mailed:2.1 D a~&M: 7 12J(IO r& 7'/0li
Hearing(s) held on:_/~_ Opened on:_I_I_ Continued to:_/~_ Withdrawn?:_I_I_
DECISION DUE BY:~ _1_ Made:_I_I_ Filed wffown Clerk:-' _1_ Mailed:_I_I_
DECISION APPEALED?:~ _1_ SUPERIOR COURT: LAND COURT Form 4/03/03
ADDENDUM TO BOARD OF APPBALS APPLICATION
(Lonq et a1, 5 and 7 Bartlett Far.m Road,
Nantucket, Massachusetts)
Applicants seek a Special Permit under Nantucket Zoning By-law
(the ~By-law") ~139-9.B(2) (a) (light manufacturing), (b)
(storage and warehousing), and (i) (food manufacturing) to allow
the operation of a distillery upon their property at 5 and 7
Bartlett Farm Road (the ~Locus"), which was re-zoned as
Residential Commercial 2 (~RC-2) at the 2004 Annual Town
Meeting. Applicants are also seeking Special Permit relief
pursuant to By-law ~139-19.G from the driveway width provisions
of ~139-19.E. Finally, Applicants seek site plan review under
By-law ~139-23.
Applicants, through related entities, propose to continue to use
the Locus for one single family dwelling, various for
agricul tural purposes, consisting of a winery and a brewery,
which uses are protected from zoning regulation under Mass. Gen.
Laws c. 40A, ~3, and for a distillery~
The Locus consists of four lots, containing a total of 151,811
square feet, more or less, and having frontage on Bartlett Farm
Road of about 382.88 feet. The Locus is subject to the
provisions of a Conservation Restriction dated March 26, 2004,
recorded with Nantucket Deeds in Book 882, Page 257.
As currently improved, the Locus is as shown on the Conservation
Restriction Plan drawn by Charles W. Hart & Associates, dated
March 2, 2004, revised March 29, 2004. The Locus, if improved
as proposed under this Application, would be as shown on the
Proposed Site Plan drawn by Burnham Engineering, Inc., dated
July 7, 2004 (the "Site Plan"), and would contain the following
structures:
structure Square feet
Existinq Sinqle-Familv Dwellinq
2 Existinq Sheds
Aqricultural Uses
Existinq Greenhouse
Existing Farm Stand 950
Existing Metal Brewery 3,210
Buildinq
Proposed Winery Buildinq 3,000
Distillerv uses
Existinq Distillerv Buildinq 594
Proposed Barrel Buildinq 1,600
As so improved, the uses on the Locus would require the
provision of three (3) on-site parking spaces, as follows:
Use Parklng spaces required
of
1
2
dwellin
ired
3
Such spaces and one off-street loading facility will be provided
on the Locus as shown the Site Plan. If parking were required
for those other uses plus the above, then a total of 16 spaces
would be required. All required parking will be provided on
site.
If the relief requested herein is granted, Applicants propose to
convey the two lots (each of which consists of two lots) of
which the Locus is comprised into common ownership and to
combine and use them as one lot, which may be a condition of
relief.
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ASSESSORtS
MAP 65
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Town of Nantucket
RECEIVED
BOARD OF ASSESSORS
JUN 1 6 2004
tOWN OF
NANTUCKET, MA
ZONING BOARD OF APPEALS
LIST OF PARTIES IN INTEREST IN THE MATTER OF.THE PETITION OF .
PROPERTY OWNERuChM~.:E~.~u.Jk..;,.~~ /'tl,l.. ~~
MAILING ADQRESS. u... u.~u .~:H:~ ...... '.. 'u. ..... ......... u. ... u ... . ---O.,.:!r-
PROPERTY LOCATION.... .7.. ..~~.~~!.~...~..........
A.SSESSORS MAPIPARCEL... ..tI.~~. .~.f..J..... ~.f:. .-:..~€.'.!...............
APPLlCANT.~.~,..~.~.~#u.?'(,.~~'j~:(rl u/
SEE ATTACHED PAGES
I certi fy that the foregoing is a list of persons who are owners of abuttingproperty, owners of '
land directly opposite on any public or private street or way; and abutters of the abutters and all
other land .owners within 300 feet of the property line of Owner's property, all as they appear on
the most recent applicable tax list (M.G.L. c. 40A, Section II Zoning Code Chapter 139.
Section 139.29D (2) .
F./~"..i?-.o.df
DATE'
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ASSESSOR'S OFFICE
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Frank H. Jr. & James POWERS
181 Hummock Pond Road
Nantucket, MA. 02554
Frank H. Jr. & James POWERS
181 Hummock Pond Road
Nantucket, MA. 02554
Nantucket Islands Land Bank
22 Broad St.
Nantucket, MA. 02554
Nantucket Islands Land Bank
22 Broad St.
Nantucket, MA. 02554
Frank H. Jr. & Karen POWERS
PO Box 2939
Nantucket, MA. 02584
Frank H. Jr. & Karen POWERS
PO Box 2939
Nantucket, MA. 02584
Philip D. Bartlett, Trustee
Pumpkin Pond Trust
PO Box 899
Nantucket, MA. 02554
Dean & Melissa Long
PO Box 2700
Nantucket, MA. 02584
Dean & Melissa Long
PO Box 2700
Nantucket, MA. 02584
Philip D. Bartlett, Trustee
Pumpkin Pond Trust
PO Box 899
Nantucket, MA. 02554
OS/20/2004 1$:12 FAX 5082285630
READE GULLI CKSE
I4l 001
. .
$SI()6
Town of Nantucket
ZONING BOARD OF APPEALS
RECEIVED
BOARD OF ASSESSORS
. MA Y 2 0 2004
TOVVN OF
NANTUCKET, MA
LlST OF PARTIES IN INTEREST IN THE MA'ITER OF T.HE PETITION OF
PROPERTY.OWNER...~ ..'!.~t~.q".,.~. .....
. - ~~ t<..~ +-( ~
MAl LING ADDRESS.......... _............'.....,...................................,......
PROPERTY LOCA TION..., ~....~tf.'.~,~. '. ..~~
ASSESSORS MAPIPARCEL............ .,4.~.~ l1..... ........., ...............,.
A'PPL/CANT. ,.i4~., ..~....,.f!.~.~~.'!,~c..~. .~, ,~dbrd. '- LP
SEE A IT ACHED PAGES
1 cenify that the foregoing is a list of p<;rsons who are owners of aburtirlg property, owners of
land directly opposite on any public or private street or way; and abutters of the abuHers and all
other land .owners within 300 feet of the property line of owner's property, all a~ they appear on
the most reeent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139. .
Seclion 139.29D (2) ,
(Jr;1.rfJ1{R.?t?tfL
DATE'
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ASSESSOR'S OFFICE
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Sally R. Johnson
c/o Nantucket Islands Land Bank
22 Broad Street
Nantucket, MA 02554
Frank H. Powers, Jr. &
Karen A. Powers & James Powers
Post Office Box 2939
Nantucket, MA 02584
Sally R. Johnson
c/o Nantucket Islands Land Bank
22 Broad Street
Nantucket, MA 02554
Frank H. Powers, Jr. &
Karen A. Powers & James Powers
Post Office Box 2939
Nantucket, MA 02584
Frank H. Powers, Jr.
& James Powers
181 Hummock Pond Road
Nantucket, MA 02554
Christopher F. Schultz &
Barbara M. L. Sheffer, Trustees
Post Office Box 2700
Nantucket, MA 02584
Frank H. Powers, Jr.
& James Powers
181 Hummock Pond Road
Nantucket, MA 02554
Christopher F. Schultz &
Barbara M. L. Sheffer, Trustees
Post Office Box 2700
Nantucket, MA 02584
Nantucket Islands Land Bank
22 Broad Street
Nantucket, MA 02554
Philip D. Bartlett, Trustee
Pumpkin Pond Trust
Post Office Box 899
Nantucket, MA 02554
Nantucket Islands Land Bank
22 Broad Street
Nantucket, MA 02554
Philip D. Bartlett, Trustee
Pumpkin Pond Trust
Post Office Box 899
. Nantucket, MA 02554
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