HomeMy WebLinkAbout058-04
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
())o'v-ornkuJ 7, . 2 oaf
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.: CLr~~9
Owner/Applicant: G:-o.ry-~ e.- Tru\hor OYl~~ .'
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Enclosed is the Decision of the BOARD OF APPEALS which ~~s
this day been filed in the office of the Nantucket Town~
Clerk. W
An Appeal from this Decision may be taken pursu,a.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 PERMITS); ~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 42.3.1,
Parcels 136.1 and 136.2
6 Straight Wharf Condominium,
Units 2 and 3
Plan File 42-0, Lot 1
Deed, Book 500, Page 189
Residential-Commercial
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, originally noticed for September 10, 2004 and continued
wi thout opening in order to re-notice due to a change in the
scope of relief to Friday, October 15, 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 GARY E. TRAINOR and KELLI A.
TRAINOR, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post
Office Box 2669, Nantucket, Massachusetts 02584, File No. 058-04:
2. The Applicants are seeking relief by SPECIAL PERMIT
under Nantucket Zoning By-law ~139-33.A(5) and (9), for the
alteration and expansion of a pre-existing, nonconforming
structure, including demolition and reconstruction of a portion
of the footprint of the existing structure. The Applicants are
also seeking relief by VARIANCE from the Intensity Regulations
set forth in By-law ~139-16.A (Ground Cover), in order to
increase the nonconforming ground cover of the existing
structure. The Applicants propose to alter and expand their
existing structure, containing retail space and space ancillary
to the retail use; the structure also contains space originally
permitted for residential use, which the Applicants propose to
eliminate and use the entire structure in connection with the
retail use. The proposed work would include the demolition of a
single-story portion of the structure and construction of a two-
story replacement, and the increase of ground cover ratio from
about 76.18% to about 77.37%, or by about 32 square feet. In
addi tion, the applicants are seeking relief by SPECIAL PERMIT
under By-law ~139-18.B(2), waiving all of the required on-site
parking. Current uses require six spaces, and the proposed use
of the altered structure would require eight spaces. No parking
is provided on-site historically, and none is planned. To the
extent necessary, the Applicants are also requesting relief by
SPECIAL PERMIT under By-law ~139-20.C, to waive the requirement
for an on-site loading area. The Locus is nonconforming as to
lot area, containing about 2,691 square feet of area, with
minimum lot size in this zoning district being 5,000 square feet;
as to setbacks, with the Applicants' structure being sited as
close as about 0.5 foot from the westerly side lot line and as
1
close as about 0.1 foot from the rear lot line, and another
structure upon the lot (being the other unit of the condominium,
not owned by the Applicants) being sited about one foot from the
easterly side lot line, with the minimum side and rear yard
setbacks in this district being five feet; and as to ground cover
ratio, the total ground cover of all structures upon the Locus
being about 2,050 square feet, for a ground cover ratio of about
76.18%, with the maximum ground cover ratio in this district
being 30% for undersized lots. The Locus is improved with two
buildings, one of which is the subject of this Application and is
comprised of Units 2 and 3, owned by the Applicants, and the
other of which is comprised of Unit 1, in separate ownership.
The Locus is situated at 6 STRAIGHT WHARF, UNITS 2 AND 3 OF THE 6
STRAIGHT WHARF CONDOMINIUM, shown on Nantucket Assessor's Map
42.3.1 as Parcels 136.1 and 136.2, shown on a plan recorded with
Nantucket Registry of Deeds in Plan File 24-0 as Lot 1, and is
situated in a RESIDENTIAL-COMMERCIAL zoning district.
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 was opposition from several neighbors
presented by their counsel, in person and by correspondence
received at the public hearing, citing issues relating to parking
problems on Still Dock, a way abutting the rear of the Locus. A
representative of the Still Dock Association spoke in favor of
the Application and explained the situation on Still Dock, an
area no contained within the Applicants' property nor controlled
by the Applicants.
4. As presented by the Applicants, their premises consist
of a commercial building containing Units 2 and 3 of the 6
Straight Wharf Condominium; Unit 1, a separate commercial
building, is in separate ownership; its owner has assented in
writing to this Application, a copy of which is on file. Unit 2
is used for retail sales in connection with the applicants'
jewelry business, and consists of the first floor of the
building . Unit 3, originally contemplated as being used for
residential purposes, constitutes the second story space over the
rear portion of the first story, and has not been used as a
dwelling unit recently. The Applicants wish to demolish and
reconstruct the front portion of the structure, and add a second
story throughout, with the entire structure being used for a
single commercial entity. They propose to reduce the floor
elevation of the first story so that it would be at grade, in
order to provide for handicapped accessibility. They also propose
to increase the footprint of the structure by filling in an
indented area on the westerly side of the structure and not
readily visible from the street. Applicants report that this area
has resulted in management difficulties because of improper,
2
offensive and unauthorized conduct by members of the public; this
would add about 32 square feet of new ground cover upon the Locus
by increasing the ground cover from about 76.18% to about 77.37%.
Because of the placement of the existing structures upon the
Locus, it is not physically possible to provide on-site parking
or loading facilities.
5. Much of the discussion at the public hearing centered
upon the issue of parking upon Still Dock, a cul-de-sac behind
the Locus. The objecting neighbors informed the Board that there
has been some controversy about this matter, and that the
Applicants have placed signs and obstructions to attempt to
secure parking spaces for themselves. Robert Walsh, on behalf of
the Still Dock Association, related that he had been responsible
for placing many signs along Still Dock, not the Applicants,
which is unsuitable for public parking because of its narrow
configuration and lack of a turning place at its dead end, and
that these signs would remain. As to the use of Still Dock for
parking by the obj ecting neighbors, Mr. Walsh indicated that
there was no prohibition on parking by all abutters to Still
Dock, and suggested that they become involved in the Still Dock
Association.
6. Applicants represented that in any event, the proposed
alterations would have no apparent effect upon the parking issue
on Still Dock nor is the parking situation on Still Dock within
the jurisdiction of the Board of Appeals. No customer parking
has historically taken place there, and an examination of the
site plan shows that there is no room upon the Locus for the
provision of parking or loading spaces. The increase in retail
use would not aggravate the parking issues affecting the Locus.
The alterations to the Applicants' structure would improve
handicapped accessibility and remove a public nuisance (the area
hidden from street view which has been used improperly by the
public) . The proposed alterations to the structure have been
approved by the Nantucket Historic District Commission ("HOC").
The Applicants agreed to cooperate with the neighbors and the
Still Dock Association in attempting to improve the parking
issues affecting Still Dock, by agreeing not to post any signs
that would indicate that any parking was for the sole use by the
Applicants or their employees.
7. Accordingly, by UNANIMOUS vote of the five members
sitting, the Board of Appeals made the following findings:
(a) The proposed alteration of the Applicants'
structure and use would not be substantially more detrimental to
the neighborhood than the existing nonconformities.
3
(b) The granting of the parking and loading relief
requested by the Applicants is in harmony with the
general purpose and intent of the By-law.
(c) Compliance with the parking and loading
requirements contained in By-law ~~139-18 and 20 would be
physically impossible for the applicant to provide and a grant of
parking and loading relief would be consistent with other similar
relief granted to other commercial establishments in the area.
(d) The granting of loading area relief would not be
contrary to sound traffic, parking or safety considerations.
(e) As to the requested variance relief, the
demolition and expansion of a portion of the existing
nonconforming footprint of the Applicants' structure, owing to
circumstances relating to the shape and topography of the Locus
and the structures thereon and especially affecting the Locus and
structures thereon but not affecting generally the zoning
district in which the Locus is situated, a literal enforcement of
the provisions of the By-law would involve substantial hardship,
financial or otherwise, to the Applicants, and desirable relief
may be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the
intent or purpose of the By-law.
8. Accordingly, by a UNANIMOUS vote of the five members
sitting, and subject to the conditions set forth in Paragraph 9,
below, the Board of Appeals GRANTED relief to approve the work as
proposed by the Applicants, as follows:
(a) By SPECIAL PERMIT under By-law ~139-33.A(4), for
the alteration of the pre-existing, nonconforming structure upon
the Locus, as described herein.
(b) By SPECIAL PERMIT under By-law ~139-18.B(2), to
waive the provision of all of the on-site parking spaces required
upon the Locus.
(c) By SPECIAL PERMIT under By-law ~139-20.C, to waive
the provision of an on-site loading facility upon the Locus.
(d) By VARIANCE from the provisions of By-law ~139-
16.A establishing maximum ground cover in the Residential-
Commercial zoning district at 50% (30& for undersized lots) to
increase the ground cover ratio from about 76.18% to a maximum of
about 77.37%.
(e) Waiving the requirement for minor site plan review
pursuant to By-law ~139-23.
4
9. The relief granted by this Decision shall be upon the
following conditions:
(a) No signs shall be placed in Still Dock purporting
to reserve parking spaces for the Applicants or the business
conducted upon the Applicants' premises.
(b) No tanks shall
setback areas upon the Locus
moved from the setback areas.
be placed within the
and the existing tanks
required
shall be
(c) There shall be only one retail establishment
within Applicants' structure, currently comprised of Units 2 and
3, and so long as Units 2 and 3 remain as separate units they
shall be in common ownership a~0 not rented separately.
(d) The proposed alterations shall be constructed in
~~stantial conformity with the plans approved by the HDC under
&~ificate of Appropriateness Nos. 42,067, 42,068 and 44,876 as
may be amended from time to time.
(e)
conformity
Associates,
is attached
The proj ect shall be done in' substantial
with the site plan done by Charles W. Hart &
Inc., dated October 29, 2004, a reduced copy of which
hereto as Exhibit A.
Dated:
November
n,
2004
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BAYWINDOW
F.A1GHT
Sf ZONING BOARD OF APPEALS
SITE PLAN
OF LAND IN
NANTUCKET, MASS.
E: 1"= 1 0' DATE: OCTOBER 29, 2004
CURRENT ZONING CLASSIFICATION:
Residential Commercial (R.C.)
. CARr E. ,t KEUJ A. I'IlUN-OR
Owner. . . . . . . . . . . . . . . . . . . . . . . . . . .
. ll,N!1'.S. 2. ~. 3; .p.L4!'. f/{.E. ~4.-.D. r.Cql(Dp J. .
BEl': P.LAN BOOK 19 PACE 35
DEED BOOK 500 PACE 189
#6 tt 6A STlWCHT lfllA.R/'
MINIMUM LOT SIZE:
MINIMUM FRONTAGE:
FRONT YARD SETBACK:
REAR/SIDE SETBACK:
GROUND COVER % :
5000 S.F.
40 FT.
none
5 FT.
50%
CHARLES W. HART and ASSOC., Inc.
Professional Land Surveyors
. 49 SPARKS A VENUE
Nantucket. Massachusetts 02554
(508) 228-8910 H-4995
ASSESSORS NAP 42.3.1 PARCEL 136
FBK.:45-122
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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
AMENDED NOTICE
A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1:00 P.M.,
FRIDAY, OCTOBER 15,2004, IN THE CONFERENCE ROOM, TOWN ANNEX BUILDING,
37 Washington Street, Nantucket, Massachusetts, on the Application ofthe following:
GARY E. TRAINOR AND KELLI A. TRAINOR
BOARD OF APPEALS FILE NO. 058-04
Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law Section
139-33A(5) (alteration/expansion ofa pre-existing nonconforming structure/use). Applicants propose to
alter and expand their said to be pre-existing nonconforming commercial/residential building by adding
a second-story addition to a portion of the structure and filling in a jog in the structure on the westerly
side. New work would take place partially within the westerly five-foot required side yard setback area,
coming no closer to that side yard lot line than the existing structure (sited as close as about .5 feet).
Applicants also propose to convert the existing second floor apartment to commercial use. The
Applicants are also seeking relief by VARIANCE under Section 139-16A (Intensity Regulations-
ground cover) in order to increase the ground cover ratio from about 76.18% to about 77.37% (about 32
square feet, the size of the filling in of the area on the westerly side of the structure). Applicants are also
proposing to demolish the front portion of the structure and construct a new addition forward of the
remaining rear portion on substantially the same footprint. The structure would be sited no closer to the
westerly side yard lot line than the existing structure. Should the Board not grant relief by Variance as
requested above, Applicants are seeking reliefby SPECIAL PERMIT under Section 139-33A(9) to
demolish and reconstruct the front portion of the structure that would result in a maximum ground cover
of about 76.18%. In addition, the Applicants are seeking relief by SPECIAL PERMIT under Section
139-18B(2) waiving all of the required parking spaces. Current uses require six spaces, and the proposed
use would require eight. No parking is provided on site historically and no spaces are planned. To the
extent necessary, Applicants are asking for relief by SPECIAL PERMIT under Section 139-20 to waive
the loading zone requirement. The Locus is nonconforming as to lot area with the Lot containing about
2,691 square feet of area in a district that requires a minimum lot size of 5,000 square feet; as to setbacks
with the structure being sited as close as about 0.5 feet from the westerly side yard lot line and as close
as about 0.1 feet from the rear yard lot line in a district that requires a minimum of five feet; as to
ground cover ratio with the Lot having a ratio of about 76.18% in a district that allows a maximum
ground cover of 30% for undersized lots; and also as to side yard setback with a separate commercial
structure on the lot being sited as close as about one foot from the easterly side yard lot line. The Locus
is improved with two buildings, one of which is the subject of this Application and is comprised of Units
2 and 3, owned by the Applicants, and the other of which is comprised of Unit 1, in separate
condominium ownership. The Premises is located at 6 STRAIGHT WHARF CONDOMINIDM,
UNITS 2 AND 3, Assessor's Map 42.3.1, Parcels 136.1 and 136.2, Plan File 24-D, Lot 1. The property
is zoned Residential-Commercial. ~ ~ ~ ~.
()Q M-- ~ I)
Nancy J. Sevrens, C
THIS NOTICE IS AVAILABLE IN LARGE PRINT 0 . OTHER AL TERNA TM FORMATS.
PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION.
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floor (290
Required spaces
3
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3
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Retail,
Storage
Retail,
Storage
sq. ft . )
Employees
Tbtal
Use
-
first floor (563 sq. ft.)
and work area, first floor
second floor (546 sq. ft.)
and work area, second
(272 sq. ft)
(up to 7)
2
8
No parking spaces are now provided upon the lot, and the
provision of any such spaces is physically impossible.
Accordingly, the waiver of all six off-street parking spaces
(two additional) is requested.
The applicants further request relief under By-law ~139-20. C,
for relief from the provision of an off-street loading facility.
No such facility is now provided for the existing commercial
uses upon the lot, and none can physically be provided.
The lot is nonconforming as to lot area, containing about 2,691
square feet, with the minimum required being 5,000 square feet;
westerly side yard setback, having setback of about 0.5 foot at
the closest point, with 5 feet being the minimum required;
northerly rear yard setback, having setback of about 0.1 foot at
the closest point, with 5 feet being the minimum required;
ground cover ratio, which is now about 76.18%, with 30% being
the minimum required; and easterly side yard setback, having
setback of about 1.0 foot at the closest point, with 5 feet
being the minimum required. The lot, which has been subj ected
to the condominium regime, is improved with two buildings, one
of which is the subject of this application and is comprised of
Units 2 and 3, owned by the applicants, and the other of which
is comprised of Unit 1, in separate ownership.
...
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Page 1 of 1
tdir@readelaw.comJ
- , September 28, 2004 9:54 AM
..a Williams
.: Trainor
I attach hereto a revised applicaUon in the above matter, SPecifically requesting relief under Sct. 139-33.A(9) for
the demo/man and reconstruction of the front POrtion of the existing structure" OVerall variance relief is not
granted.
Please re-nOlice the application On the basis of this amended applicaUon, for the October 15 meeting.
Arthur
9/28/2004
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Unda Williams
From: Arthur Reade [air@readelaw.com]
Sent: Tuesday, September 07,200410:24 AM
To: Linda Williams
Subject: Trainor
Linda,
This will confirm that we request that the above matter be continued from September 10, 2004, to October 15,
2004, without opening, in order to correct the application and enable a new notice to be issued.
Thank you for your cooperation.
Arthur Reade
9/7/2004
,.
NANTUCKET ZONING BOARD OF APPEALS ....11 ()^ A n IA &J s{J
1 EAST CHESTNUT STREET '6(f\JV \J-A'\ ~
NANTUCKET, MASSACHUSETTS 02554 ~ ~
CASE NO. 058-04
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FEE: $300.00
APPLICA TION FOR RELIEF
Owner's name(s):
Mailing address:
Garv E. Trainor and Kelli A. Trainor
c/o Reade. Gullicksen. Hanlev & Gifford. LLP
Applicant's name(s): Same
Mailing address: 6 Youne:'s Way. Post Office Box 2669. Nantucket. Massachusetts 02584
Locus address:6 Straie:ht Wharf Condominium. Units 2 and 3 Assessor's Map/Parcel: 42.3.1-136.1 & 136.2
Plan File No.: 24-D Lot No.:
Date lot acquired: 4/8/1996 Deed Ref.: 500-189 Zoning District: RC
Uses on Lot - Commercial: None _ Yes (describe) Retail
Residential: Number of dwellings_ Duplex_ Apartments_Rental Rooms
Building Date(s): All pre-date 7/72? x or C ofO(s)?
Building Permit Nos:
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:
See attached addendum.
I certify that the information contained herein is substantially complete and true to the best of my
knowledge, under the pains and penalties of perjury.
SIGNATURE: Applicant Attorney/Agent x
(If not owner or owner's attorney, please enclose proof of agency to bring this matter before the Board)
1A-r ~~.. FOR ZBA QFFICE USE
App'iCation received on: 9/ (? ;0 q By: ( J/V... .l ) Complete: ~ Need copies?:
Filed with Town Clerk: Id / ...Lt2!f.... Plapnine Board: I I BuIldmg Dept.: ~ By: c& ~
Fee deposited with Town Treasurer::&)H_ By: (~aiver requested?:_Granted:--"_/_
Hearing notice posted with Town Clerk:-L9L~ Mailed:to/ C{ f!i I&M:::L.r3:J/O p(&.tfj 7/t2![
Hearing(s) held on:--"--"_ Opened on:_/--"_ Continued to:_/--"_ Withdrawn?:--"_/_
DECISION DUE BY:_/--"_ Made:--"_/_ Filed w/Town Clerk:--"_/_ Mailed:--"--"_
DECISION APPEALED?:--"--"_ SUPERIOR COURT: LAND COURT Form 4/03/03
"
ADDENDUM TO APPLICATION OF GARY E. TRAINOR ET AL
The applicants request relief by Special Permit under Nantucket
Zoning By-law ~139-33.A(5) and (9), for the alteration of their
pre-existing, nonconforming commercial building by extending the
structure within the westerly side yard setback area, without
making the structure more nonconforming as to side yard setback.
The work will include removal and reconstruction of the front
(southerly) portion of the existing structure The proposed
addition will include addition of a second story to a portion of
the building, and an addition within a gap in the building line.
No portion of the addition will be closer than the present
setback of 0.5 feet at the closest point.
The applicants further request relief by Variance from By-law
~139-16 (Intensity Regulations Ground Cover Ratio) in
connection with the proposed partial demolition and
reconstruction, and addition. Present ground cover upon the lot
is about 2,050 square feet, for a ratio of about 76.18%; the
maximum permitted for an undersized lot of record is 30%. The
proposed addition will add about 32 square feet, for a total
ground cover of about 2,082 square feet, for a ratio of about
77.37%.
In the al ternati ve, in the event that Variance relief is not
granted for the proposed addition as described in the preceding
paragraph, the applicants request relief by Special Permit under
By-law ~139-33.A(9) to demolish and reconstruct the front
portion of the structure, resulting in ground cover of about
76.18% as at present.
The applicants further request relief under By-law ~139-18.B(2)
from the requirement of providing additional parking spaces in
connection with the addition and the change in use of a portion
of the structure from residential to commercial use. The
parking requirements generated by the present uses are as
follows:
Use
Retail, first floor (548 sq. ft.)
Storage and work area, first floor (272 sq.ft.)
Employees (up to 7)
Residential unit, second floor
Total
Required spaces
3
o
2
1
6
The parking requirements generated by the proposed uses will be
as follows:
~s,oo
Town of Nantucket
RECEIVED
BOARD OF ASSESSORS
MAY 1 4 2004
TOWN OF
NANTUCKET, MA
ZONING BOARD OF APPEALS
LIST OF PARTIES IN INTEREST IN THE MATIER OF THE PETITION OF
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PROPERTY owNER". "~.' r..'~'.""~" ..../J...Lt!......1. .Y:~.uJ9. c.... ......
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MAILING ~D DRESS... . La..5.. ..<I.:). k~. . :Wl::w..c.r.......... ... .....
PROPERTY LOCATION.. . c... ..;s. :W. !)~ t. .Wh0,;r...f..............
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ASSESSORS MAPIPARCEL..LI.I~ .....I.cr.-.t.!.........f>a..{U........:~........ I I
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APPLICANT...... .... ..ro.......~.... .. .t.. ..\. ....J..~~...(.l~.. ... ... .........
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SEE ATIACHED PAGES
I certify that the foregoing is a list of persons who are ownerS ofabutting property, owners of
land directl" opposite on any public or private street or way; and abuttet:S of the abutters and all
other land owners within 300 feet of the, property lirie of owner's property, all as they appear ~n
the most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139.
Section l39-29D (2) -
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DATE.
~..aA
ASSESSOR'S OFFICE
Town of Nantucket
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Walter R. Hess, Tr.
Sherburne Associates R T
PO Box 359
Nantucket, MA 02554
Ann S. Killen, Tr.
Lobster Pot Nominee Trust
PO Box 1166
Nantucket, MA 02554
Virginia F. Andrews
PO Box 1182
Nantucket, MA 02554
Alexandria & Nicholas Punnett, Tr
Enterprise Trust
11 Old North Wharf
Nantucket, MA 02554
Leonard L. & Antje L. Farber
450 E Las Olas Blvd #880
Fort Lauderdale, FL 33301-2231
John F. Gifford, Tr
Fawn Grove Realty Trust
$6 Colbourne Ct.
Brookline, MA 02445
Marilyn J. O'Rourke
101 Lincoln Road
Lincoln, MA 01773
Thomas B. McGlinn
PO Box 1194
Nantucket, MA 02554
Paul D. Conti
'7'.7 Charles Street
Boston, MA 02114
Nantucket Electric Company
c/o Properties Dept.
25 Research Drive
Westborough, MA 01582
Dreamland Theatre Inc.
PO Box 547
Nantucket, MA 02554
Town of Nantucket
16 Broad Street
Nantucket, MA 02554
D. Van & Anne E. Smith
2483 Sea Island Yacht Club
Wadmalaw Island, SC 29487
Rosalie T. Maloney fka Grennan
PO Box 1292
Nantucket, MA 02554
Richard J. McReady etl al Trs
Winthrop Nantucket Nom Trust
PO Box 359
Nantucket, MA 02554
Sidney H. Killen
PO Box 1166
Nantucket, MA 02554
Helen Wilson Sherman
c/o Joyce Fennell
25 Boston Neck Road
N. Kingstown, RI 02852
Hector Milko Samper
& Nancy Leather
1385 Wood Valley Road
Mountainside, NJ 07092
Susan G. & Herbert W. Goodall
109 Teal Nest Court
Ponte Vedra, FL 32082
EMRE Corp
c/o Fog Island Cafe
7 S. Water Street
Nantucket, MA 02554
Winthrop Nantucket 2 Realty Tr.
c/o Sherburne Associates
PO Box 359
Nantucket, MA 02554
Peter K. & Annette M. Hurd
251 Main Street
Huntington, NY 11743
George W. Penny, III
320535 St. NW
Washington, DC 20016
John E. Lucks et al Trust
150 East Broad Street, Suite 610
Columbus, OH 43215
Deborah K. & William Lothian, Trs
Ten Easy Street Nominee Trust
PO Box 877
Nantucket, MA 02554
John F. Gifford, Tr
86 Colbourne Cresant
Brookline, MA 02445
Mary Jane Tardanico, Trustee
Mothers Wharf Realty Trust
PO Box 628
Osterville, MA 02655
Richard B. & Emily S. Wantz
235 Oak Ridge Avenue
Summit, NJ 07901
Nantucket Island Products, Co.
PO Box 653
Nantucket, MA 02554
Pacific Club, Inc.
PO Box 1227
Nantucket, MA 02554
Marcia P. Rubin
PO Box 959
Nantucket, MA 02554
Dorothy M. Leichter, Tr.
c/o Susan Thurston
PO Box 405
Nantucket, MA 02554
Islander Realty Trust
PO Box 243
Nantucket, MA 02554
Old North Wharf Cooperative Inc.
c/o Alfred F. Sanford, III et al Trs
Old North Wharf Trust
PO Box 187
Nantucket, MA 02554
Old North Wharf Cooperative, Inc.
c/o Whitney Gifford, Trust
PO Box 2669
Nantucket, MA 02584
Old North Wharf Cooperative, Inc.
c/o Roy Williamson
PO Box 4494
Key West, FL 33041
Nantucket Historical Association
PO Box 1016
Nantucket, MA 02554
Michael Scott Realty Corp.
Box 538
Nantucket, MA 02554
Arthur J. Halleran et aI, Trs.
Sherburne Associates Rty Trust
PO Box 359
Nantucket, MA 02554
Old North Wharf Cooperative Inc.
c/o PO Box 268
Nantucket, MA 02554
Old North Wharf Cooperative, Inc.
c/o Tom MacKenzie
580 Park Avenue
New York, NY 10021
Florence Ingall
c/o Mrs. F. Clifford
PO Box 1222
Nantucket, MA 02554
Sherburne Associates
PO Box 359
Nantucket, MA 02554
Elizabeth W. & Todd W. Winship
c/o R.L. Fashions of Mass, LLC
650 Madison Avenue
New York, NY 10022
Bernadine R. Nieburg
c/o Family & Children's Services
20 Vesper Lane, L-1
Nantucket, MA 02554
Old North Wharf Cooperative, Inc.
5 S. Beach Street
Nantucket, MA 02554
Old North Wharf Cooperative, Inc.
c/o Flint Ranney
Denby Real Estate
PO Box 901
Nantucket, MA 02554
County of Nantucket
16 Broad Street
Nantucket, MA 02554
,
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, SEPTEMBER 10,2004, IN THE CONFERENCE
ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket,
Massachusetts, on the Application ofthe following:
GARY E. TRAINOR AND KELLI A. TRAINOR
BOARD OF APPEALS FILE NO. 058-04
Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By-
law Section 139-33A(5) (alteration/expansion of a pre-existing nonconforming
structure/use). Applicants propose to alter and expand their said to be pre-existing
nonconforming commerciaVresidential building by adding a second-story addition to a
portion of the structure and filling in a jog in the structure, all partially within the
westerly five-foot required side yard setback area, coming no closer to that side line than
the existing structure (sited as close as about.5 feet), and to convert the second floor
apartment to commercial use. The Applicants are also seeking relief by VARIANCE
under Section 139-16A (Intensity Regulations - ground cover) in order to increase the
ground cover ratio from about 76.18% to about 77.37% (about 32 square feet). In
addition, the Applicants are seeking reliefby SPECIAL PERMIT under Section 139-
18B(2) waiving all of the required parking. Current uses require six spaces, and the
proposed use requires eight.'No parking is provided on site historically and no spaces are
planned. To the extent necessary, Applicants are asking for relief by SPECIAL PERMIT
under Section 139-20 to waive the loading zone requirement. The Locus is
nonconforming as to lot area with the Lot containing about 2,691 square feet of area in a
district that requires a minimum lot size of 5,000 square feet; as to setbacks with the
structure being sited as close as about 0.5 feet from the westerly side yard lot line and as
close as about 0.1 feet from the rear yard lot line in a district that requires a minimum of
five feet; as to ground cover ratio with the Lot having a ratio of about 76.18% in a district
that allows a maximum ground cover of30% for undersized lots; and also as to side yard
setback with a separate commercial structure on the lot being sited as close as about one
foot from the easterly side yard lot line. The Locus is improved with two buildings, one
of which is the subject of this Application and is comprised of Units 2 and 3, owned by
the Applicants, and the other of which is comprised of Unit 1, in separate ownership. The
Premises is located at 6 STRAIGHT WHARF CONDOMINIUM, UNITS 2 AND 3,
Assessor's Map 42.3.1, Parcels 136.1 an.d d p 316.2, Plan File 24-D, Lot 1. The property is
zoned Residential-Commercial. UJt\ ~ . ( ~
Nancy J. SevrenVChairman
THIS 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, MASSACHUSETTS 02554
CASE NO. or<t04
FEE: $300.00
APPLICATION FOR RELIEF
Owner's name(s):
Mailing address:
Applicant's name(s):
Mailing address:
Gary E. Trainor and Kelli A. Trainor
c/o Reade. Gullicksen. Hanlev & Gifford. LLP
Same
6 Youne's Way. Post Office Box 2669. Nantucket. Massachusetts 02584
Locus address:6 Straieht Wharf Condominium. Units 2 and 3 Assessor's Map/Parcel: 42.3.1-136.1 & 136.2
Plan File No.: 24-D Lot No.:
Date lot acquired: 4/8/1996
Deed Ref.:
500-189
Zoning District:
RC
Uses on Lot - Commercial: None_ Yes (describe) Retail
Residential: Number of dwellings_ Duplex_ Apartments_Rental Rooms
Building Date(s): All pre-date 7/72? x
Building Permit Nos:
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:
C of O(s)?
or
See attached addendum.
d
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I certify that the information contained herein is substantially complete and true to the best of my
knowledge, under the pains penalties of rjury.
SIGNATURE: Applicant Attorney/Agent x
(If not owner or owner' attorney, please enclose pr of of agency to bring thi matter before the Board)
FOR BA FFICE USE
Application received on:2.; l3/Q.1 By: Complete: Need copies?: +-
Filed with Town Clerk:.2j27f2( Plal{~atd:_I_I_ Building DefJt.:_/~ By:t(MJ
Fee deposited with Town Treasurer: K..i30to</ By: (f]{i)w aiver requested?: _Granted: ---' ---' _
Hearing notice posted with Town Clerk:~~O~:g' 1.:::t!d{I&M: ,;?/2(PIC)Y & 5/.J 2.-, ~
Hearing(s) held on:_I_I_ Opened on:_I_I_ Continued to:_/_I_ Withdrawn?:_I---,_
DECISION DUE BY: 1 1 Made: 1 1 Filed w/Town Clerk: 1 / Mailed: 1 1
--- --- --- ---
DECISION APPEALED?: 1 1 SUPERIOR COURT: LAND COURT Form 4/03/03
ADDENDUM TO APPLICATION OF GARY E. TRAINOR ET AL
The applicants request relief by Special Permit under Nantucket
Zoning By-law ~139-33.A(5), for the alteration of their pre-
existing, nonconforming commercial building by extending the
structure within the westerly side yard setback area, without
making the structure more nonconforming as to side yard setback.
The proposed addition will include addition of a second story to
a portion of the building, and an addition within a gap in the
building line. No portion of the addition will be closer than
the present setback of 0.5 feet at the closest point.
The applicants further request relief by Variance from By-law
~13 9 -16 (Intensity Regulations Ground Cover Ratio) in
connection with the proposed addition. Present ground cover upon
the lot is about 2,050 square feet, for a ratio of about 76.18%;
the maximum permitted for an undersized lot of record is 30%.
The proposed addition will add about 32 square feet, for a total
ground cover of about 2,082 square feet, for a ratio of about
77.37%.
The applicants further request relief under By-law ~139-l8.B(2)
from the requirement of providing additional parking spaces in
connection with the addition and the change in use of a portion
of the structure from residential to commercial use. The parking
requirements generated by the present uses are as follows:
Use
Retail, first floor (548 sq. ft.)
Storage and work area, first floor (272 sq.ft.)
Residential unit, second floor
Total
Required spaces
3
o
1
4
The parking requirements generated by the proposed uses will be
as follows:
Use
Retail, first floor (563 sq. ft.)
Storage and work area, first floor (272 sq.ft)
Retail, second floor (546 sq. ft.)
Storage and work area, second floor (290 sq.ft.)
Total
Required spaces
3
o
3
Q
6
No parking spaces are now provided upon the lot, and the
provision of any such spaces is physically impossible.
Accordingly, the waiver of all six off-street parking spaces (two
additional) is requested.
The applicants further request relief under By-law ~139-20.C, for
relief from the provision of an off-street loading facility. No
such facility is now provided for the existing commercial uses
upon the lot, and none can physically be provided.
The lot is nonconforming as to lot area, containing about 2,691
square feet, with the minimum required being 5,000 square feet;
westerly side yard setback, having setback of about 0.5 foot at
the closest point, with 5 feet being the minimum required;
northerly rear yard setback, having setback of about 0.1 foot at
the closest point, with 5 feet being the minimum required; ground
cover ratio, which is now about 76.18%, with 30% being the
minimum required; and easterly side yard setback, having setback
of about 1.0 foot at the closest point, with 5 feet being the
minimum required. The lot, which has been subj ected to the
condominium regime, is improved with two buildings, one of which
is the subject of this application and is comprised of Units 2
and 3, owned by the applicants, and the other of which is
comprised of Unit I, in separate ownership.
F:\WpT\TRAINOR\6 Straight Wharf\ZBA APP.doc
ij 5Joo
Town of Nantucket
RECEIVED
BOARD OF ASSESSORS
MAY 1 4 2004
TOWN OF
NANTUCKET, MA
ZONING BOARD OF APPEALS
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF
r:? '\L. ~ .
PROPERTY OwNER...0cu..~,.\... ",~" .....~.(f,.....J. .f?,!,'! .nS'. C..........
. ~ '
MAILING ~DDRESS.... f.t1. s.... .?f. Lj- h.1... :UJh0{.r.................
PRO PER TY LOCA nON.. .~,.... ~ .!:T.7?,.. :'jh.t.. . L0.r.\0c; c.. f. .. ..... ... .. .
"ASSESSORS MAPIPARCEL::rXW.r..~.<1..3..1......:pa.,(U,.J....J.:?!?:./. ; J..f;< o. f-'
APPLICANT.... C"1\.. tj...~.....he,.I. t.,.. .1:-1(.'":- \ .o.~.................
~() 8 -:J Lf'-tB.
13&, ;l.
SEE ATTACHED PAGES
I certify that the foregoing is a list of persons who are owners of abutting property, owners of
land directl" 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 lirie of owner's property, all as they appear ~:)O
the most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139.
Section 139-29D (2) ..
~... :'?/?f..?:.. flU 'I
DATE.
//-/-- ~U ~
r~~........;...
ASSESSOR'S OFFICE
Town of Nantucket
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Alexandra & Nicholas Punnett, Tr
Enterprise Trust
11 Old North Wharf
Nantucket, MA 02554
Richard 1. McCready, et aI, Trs
Winthrop Nantucket Nominee Trst
PO Box 359
Nantucket, MA 02554
Alexandra & Nicholas Punnett, Tr
Enterprise Trust
11 Old North Wharf
Nantucket, MA 02554
Richard J. McCready, et aI, Trs
Winthrop Nantucket Nominee Trst
PO Box 359
Nantucket, MA 02554
John F. Gifford, Tr.
86 Colbourne Cresant
Brookline, MA 02445
Marilyn J. O'Rourke
101 Lincoln Road
Lincoln, MA 01773
Walter R. Hess, Tr.
Sherburne Associates R T
PO Box 359
Nantucket, MA 02554
Nantucket Historical Assn.
PO Box 1016
Nantucket, MA 02554
John F. Gifford, Tr.
86 Colbourne Cresant
Brookline, MA 02445
Marilyn J. O'Rourke
101 Lincoln Road
Lincoln, MA 01773
Walter R. Hess, Tr.
Sherburne Associates R T
PO Box 359
Nantucket, MA 02554
Nantucket Historical Assn.
PO Box 1016
Nantucket, MA 02554
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