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HomeMy WebLinkAbout084-06 TOWN OF NANTUCKET r' ;.,J BOARD OF APPEALS '06 NOV -6 P 3 :46 NANTUCKET, MASSACHUSETTS 02554 I" -r .-., \ \ S U ;\ Date: AJdv~un ~<?v(p , 200(, To: Parties in Interest and others concerned with the -"j5eEislon" of the BOARD OF APPEALS in the Application of the following: "~ "" Application No.: oflL/ -- 0& ow~er/APp1icant: P./r"jJorfG-O-S S-1o+lffJ )4:nC'1 ~~n 3 S-hct~~a~Q~ Q d. -tOr (lh-trlc-t. J. - ---~:-- Enclosed is the Decision of the BOARD OF APPEALS which has this day bee~Ffiled 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 fiiing an complaint in court within TWENTY (20) days after this day's date. Notice of the action with a copy of the com~laint and certified copy of the necision must be given to the Town Clerk so as to be received within such TWENTY (20) days. cc: Town Clerk Planning Board ~uilding ComrnissJoner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING'TO NANTUCKET ZONING' BY-LAW 9139-301 (SPECIAL PERMITS); ~139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 69 Parcel 100 RC-2 51 Nobadeer Farm Road LC Plan 16514-31, Lot 575 Certificate of Title No. 21847 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., Friday, October 13, 2006, in the Conference Room, 2 Fairgrounds Road, Nantucket, Massachusetts, on the Application of AIRPORT GAS STATION, INC., JOHN J. STACKPOLE, PRESIDENT, PROPERTY OWNER; and for PATRICK J. DESETA, CONTRACT PURCHASER, c/o Vaughan, Dale and Hunter, P.C.., Two Whalers Lane, Post Office Box 659, Nantucket, MA 02554, Board of Appeals File No. 084-06, the Board made the following Decision: 1. Applicant (DeSeta) is seeking relief by SPECIAL PERMIT pursuant to Nantucket Zoning By-law Section 139-9B (2)(b) (storage and warehousing, including properly screened open storage of goods and materialS). The Premises is improved by an about 280 square-foot commercial shed. Applicant intends to use less than 100 square feet of the shed as an office from which to run his excavation business with the remaining spare to be used for storage of business related equipment. Applicant proposes to provide five conforming parking spaces and a conforming loading zone. The property is benefited by a previous grant of Special Permit relief in the Decision in BOA File No. 041-99 for the storage of petroleum products, which is not currently in use. The locus is conforming in all respects to the dimensional requirements of the Zoning By-law. The Premises is located at 51 NOBADEER ROAD, Assessor's Map 69, Parcel 100, Land Court Plan 16514-31, Lot 575. The property is zoned Residential-Commercial- 2. 2. The Decision is based upon the Application and materials submitted with it and testimony and evidence presented at the hearing. The Planning Board made no recommendation because the matter was not of planning concern. There were no letters in the file or made of record. Other than the presentation made by the Applicant and the Applicant's representatives, there was no opposition expressed at the public hearing. 3. Applicant (DeSeta), through counsel, explained that he proposed to use the Locus to store and warehouse his excavation business related equipment and vehicles. The existing shed on site would be used in part as an office with the balance of the structure used to store incidental equipment related to said business. All of the required parking spaces and loading zone would be conforming and would be provided on site. The lot and the existing structure complies with all dimensional zoning requirements and no expansion of the structure is planned under this Application. The 20% minimum green space requirement would continue to be met. The screening, parking and loading zone areas would be done in substantial conformance with the "Site Plan" done by Ingram Architects, dated August, 2006, a reduced copy of which is attached hereto as Exhibit "A". Applicant stated that the use was in harmony with the heavily commercially developed neighborhood within which the lot is situated. At this time no dwelling unit is proposed. Applicant also stated that the previously approved storage depot for petroleum products has been abandoned. 4. The Board expressed concern that the proposed privet hedge around the perimeter of the property was not sufficient to effectively screen the parking area from the Old South Road and Nobadeer Farm Road intersection. In response to the Board's concerns, the Applicant agreed to plant a minimum of a six-foot hedge around the northerly and westerly sides of the property and a minimum of a four-foot hedge around the easterly and southerly sides of the property as shown on Exhibit A, other than in the areas used for vehicular access. Additionally, Applicant agreed that at no time would the property have more vehicles parked on it than could otherwise be parked in conforming parking spaces. 5. Therefore, based upon the foregoing, the Board finds that a grant of special permit relief for the proposed uses allowed under Nantucket Zoning By-law Section 139-9B (2)(b) (storage and warehousing, including properly screened open storage of goods and materials) would be in harmony with the general purpose and intent of the Zoning By-law. Additionally, the Board finds that the uses sought by the Applicant would not inherently be in violation of Zouing By-law Section 139-7E(4) of and such uses would be consistent with those in the neighborhood, which is substantially developed with similar commercial businesses, a majority of which have been allowed through a grant of special permit relief by this Board or the Planning Board. 6. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-9B (2)(b) (storage and warehousing, including properly screened open storage of goods and materials) for the use proposed. The relief is hereby conditioned upon the following: (a) The parking and loading zone areas, as well as the proposed screening, which shall be maintained, shall be done in substantial conformance with Exhibit A; and (b) There shall be a maximum of one commercial tenant operating from the site without further relief from this Board. 7. In separate action, by a UNANIMOUS vote, the Board approves the site plan, attached as Exhibit A, as required under Zoning By-law Section 139-23. Dated: November ~ ' 2006 _ ')"-(fi J ~ MJ ael J. O'Mara 6K~a/q \--\ "J -~ I o ~ Z M ~ Z >CJ10> ~..-t:d""O - >""0 :-'" CJ) ::::s~ ZCJC ~c (Q U) OMn""O -.J;::+...........~t:dM>..., ~ ~ ~ ~ <nO C) - > ~ Z~ ~~O>O::r3NCJ -3'-' :..-. ::J c." 5J1 m 0 ....... Cfl ., ~ ::J <0 <O::J L~~ ..., <003<OOJ::J)>OM.D""O(D 0330>gCD....~~C. p.. 3m_CO(") >c...... m (1.......::J CD Cfl"""'''''''''-, ..., ::r. ~ ::J ~ () "~~ ~ 0 ~ $' ~ ~ CD -. ~ ::>> M CJ ..., CD(')-.J)>...,_>-,~ M $l~<OO!aCD~~C!Cfl '" 0 .;.. 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C"'- -l C C ZVJ s:s: 0--( 0)>." nfTIAlAlO o 00-\ ;$j g; VJ ~ VJ AI-\fTl)>N ""m-lG)fTl f;~['l" ^n "" ^ AI(J ~ C o:~ ~ ~ gt:r1 -Z ~,....;;j ~ N <1l 0 6 Z '2-_ ~z ~0 I N(J -Sr-< ;p- (fj (fj - >-rj - (J ;p- ,....;;j - o Z lJ1lJ1N(jY' o 0 is ~;1=1=1o 'VJ "'- '-Tl o. ~ Z o m )> o fTI fTI AI 'T] )> AI s: AI o )> o j;b~ ~8~ "xr; 6~~ . ""'" tC>'; C> !:: ~ =< ~ ~ '!i U\--iZ;a G'~3~ ZI1:r:u Rrl 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. OCTOBER 13.2006 in the Conference Room, 2 FAIRGROUNDS ROAD, FORMERLY KNOWN AS THE NANTUCKET ELECTRIC COMPANY BUILDING, WITH AN ENTRANCE FROM OLD SOUTH ROAD, FIRST RIGHT AFfER FAIRGROUNDS ROAD COMING FROM TOWN WITH ENTRANCE FROM THE FRONT OF THE BUILDING, Nantucket, Massachusetts, on the Application of the following: AIRPORT GAS STATION, INC., JOHN J. STACKPOLE, PRESIDENT, PROPERTY OWNER; AND FOR PATRICK J. DESET A, CONTRACT PURCHASER BOARD OF APPEALS FILE NO. 084-06: Applicant (DeS eta) is seeking relief by SPECIAL PERMIT pursuant to Nantucket Zoning By-law Section 139-9B(2)(b) (storage and warehousing, including properly screened open storage of goods and materials). The Premises is improved by an about 280 square-foot commercial shed. Applicant intends to use less than 100 square feet of the shed as an office from which to run his excavation business with the remaining space to be used for storage of business related equipment. Applicant proposes to provide five conforming parking spaces and a conforming loading zone. The property is benefited by a previous grant of Special Permit relief in the Decision in BOA File No. 041-99 for the storage of petroleum products, which is not currently in use. The locus is conforming in all respects to the dimensional requirements of the Zoning By-law. The Premises is located at 51 NOBADEER FARM ROAD, Assessor's Map 69, Parcel 100, Land Court Plan 16514-31, Lot 575. The property is zoned Residential- Commercial-2. 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, MA 02554 CASE NO. cJ Y,-!--o 0 FEE: $300.00 APPLICATION FOR RELIEF Owner's name(s): Airport Gas Station. IDc.. John J. Stackpole. President Mailing address: 51 Nobadeer Farm Road. Nantucket. Massachusetts 02554 Applicant's name(s): Patrick J. DeSeta. Contract Purchaser Mailing address: C/o William F. Hunter. Esq.. VaUfroan. Dale and Hunter. P.C.. 2 Whalers Lane Locus address: 51 Nobadeer Farm Road Assessor's MaplParcel: 69/100 Land CourtplanlPlan Book & PagelPlan File No.: LCP 16514-31 Lot No.: 575 Date lot acquired: 07/1212005 Cert.ofTitle: 21.847 Zoning District: RC-2/MFOD Uses on Lot _ Commercial: Yes ( describe) Storage Shed Residential: Number of dwellings: N/A Duplex_ Apartments_Rental Rooms Building Date(s): All pre-date 7/72? NO or C ofO(s)? Building Permit Nos.: N/A Previous Zoning Board Application Nos.: Special Permit BOA File # 041-99 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: SPECIAL PERMIT ADDENDUM, ATTACHED HERETO I certify that the info knowledge, under the f~ SIGNATURE: --0 William F. N 1'0 Applicant: _ Attorney/Agent: X FOR ZBA OFFICE USE Application RCeived on:~ q f.eJ!R.. B~.J Complete: V Need copies?: 1 Filedll~TClerk:q;~l ~ -~~-,_BuildingDepl.:J ~ By: Fee deposited with Town Treasurer:~By(iJf2ij Waiver requested?: - Granted:--1--1_ Hearing notice posted with Town clerk:51,ill}Q~ailed;:lI{!l 'k I&M:.:tJ 2iJQf;& fa S1~ Hearing(S) held on:--1--1_ Opened on:--1--1- Continued to:--1--1_ Withdrawn?:--1--1- DECISION DUE BY: --1--1_Made:--1--1_Filed w/Town Clerk:~~_ Mailed:_/--1_ DECISION APPEALED?:--1--1- SUPERIOR COURT: LAND COURT_ Form 4/03/03 erein is substantially complete and true to the best of my ~ of perjury. ~n n , " ,-,.... '";1 Addendum Nantucket Zoning Board of Appeals Application of Patrick J. DeSeta (Applicant) (Contract ~rchaser) 51 Nobadeer Farm Road Patrick J. DeSeta (Applicant) (Contract purchaser), of 51 Nobadeer Farm Road, Nantucket, seeks the following use by Special Permit pursuant to Nantucket Zoning By-Law Sec. 139-9 B. Exceptions. (2) (b) Storage and warehousing, including properly screened open storage of goods and materials. Locus is located in the RC-2 Zoning District and the Multi- Family Overlay District under the Nantucket Zoning By-law (the ~By-law"). The Premises is improved by an eighteen by sixteen foot (18' X 16') shed. Applicant intends to use less than 100 square feet of the shed as an office from which to run his excavation business with the balance of the building to be used for storage of business related equipment. Applicant proposes to construct five conforming parking spaces and a conforming loading zone. Applicant does not plan nor propose to have other businesses on the premises. Please see Exhibit ~A", attached hereto. One of the five spaces will be dedicated to parking for the Applicant. The Premises is conforming as to lot area, containing about 7 , 147 + / _ square feet where a minimum of 5,000 square feet is required, and otherwise conforms to all requirements of the RC-2 zoning district, including frontage, having frontage on Nobadeer Farm Road in excess of the 40 feet required in the District. The surrounding neighborhood is made up in large part of other commercial enterprises and/or construction companies. Applicant's request is meritorious and the relief requested may be granted without derogating from the health, safety, convenience, morals and general welfare of the inhabitants of neither the Town of Nantucket nor the Purpose of the By-Law. PARKING CALCULATIONS Sec. 138-18 Size (S.F.) Requirement Cal. Space "c" Warehouse 188 s. f. 1/900 s. f. 0.00 0 "A" office 100 s. f. 1/200 s. f. 0.00 0 Required 0 Provided 6 Sec. 139-20 Off Street Loading 1 1 1 own or NantuCKet weD Ul~ - mlltaDle Map t'age 1 01 L Town of Nantucket Web GIS m!;QQjm-"~r The information diSplayed on this or any other map produced by The Town of Nantucket is for reference purposes only. The Town of Nantucket does not guarantee the accuracy of the data, Users are responsible for determining the suitability for individual needs. All information is from the Town of Nantucket Map Composed ,-~....,...__..........:"'" T....~,.,_____............. c................... (rlC-' A..........h............ http://host.appgeo.comlnantucketmalPrintableMap.aspx?Preserve=Width&Map Width=864... 9/21/2006 Prop ID Address Owner 69 100 51 NOBADEER FARM RD AIRPORT GAS STATION INC PO BOX 1400 NANTUCKET, MA 02554 07/12/2005 $700,000 C0021847 0.11 acres Sale Date Sale Price Book/Page Lot Size I f I .! I I I r----..-.i f . NOT A LEGAL DOCUMENT For general reference only: Important caveats which must be considered when using this data are available from the Nantucket GIS Coordinator. Town of Nantucket, Mass z o - ~ u ~ - 00 00 ;S--- u:::E C'l ~~ z~ -- Z.2 .. o ~ t5 o' N E w~ili ~ ~ E ~j:!:l:;:i~.. .,--. 0 ZVl Q:: Z 0 .-0 VI~ ~ _ 9EO 0 ^' .2 ~ ILl 0 _ 1: :::E:::E>' QO a:: G) ::l ::l VI Z ::> il ~ ~ 'Z """"~::l U G) zzO 0 Q:: :i:iEQ::~ b u: ~ vi ........ gtt. qOOt:~ 1O"-C'lIO:5 E-c 00 ::J ~ E-c <~ .00 ~3~~cn ~ 00- - om 1-4 r:a:;l Q::i::&l Q) U - N ~ o ~ ,,_., Q::i _ CD -' N <0 gE 8 '+-4 _<=_(J)o~ ....;Q::i~ (,)._ ~<,...: .tS "d.< oo.c~:rt~u CD Q.) Q., ::J Q::i U CD - <0 ,$ :l: ~~.. g~ ~ ~ ~ ~::. ~ i ~ o_coco<<lE f Q::i~NEii~m~e Q., t..) ~ jX:l ft'" t5 ~ ~ ~.~ ~~~~ ~~~~~~ ea jX:l..-l ~ c: en U; ~lQ~- -' ~ r:a:;l ~ ~ Q:: :::E ~ -Ii ~ .., 10 00 · Z -Iii< o :g~ _ 00'" E-4 ..,..- ;S -iiI n ::> :8i:i-li u C'l~~ :il II ILl ;;; U lLI~n Q::LL: ::lQ::1LI ~ o::l~ 00 ::lVla.. ::>-li~~VI ~~w~~ ~"",oQ::a.. oo.Eop o 000 ~~~~~ ~b-oO - ....~If If -< o' E-4~Z NO j?;~ ~~u ~~ r;:a~~ E-40~ OOu< u < ,) ,,1 11 ~ '/ \ I \ I Y I I I I I I ~ / ~ / I ~ I I I I \. ~ Q:: ILl ILl o ili o z ~ b '" " ,- , -~ t 11~~l) QUITCLAIM DEED --- Cen: 21847 Doc: 00 Regl.tered: 07/1212006 02:43 PM I, W ALTERJ. GLOWACKI, of P.O. Box 28, Nantucket, MA 02554. for consideration of SEVEN HUNDRED THOUSAND DoLLARS ( $700.000.00), hereby grant to AIRPORT GAS STATION, INc.. a Massachusetts corporation. of P.O. Box 1400, Nantucket, MA 02554 with QUITCLAIM CoVENANTS that certain parcel of land in Town and County of Nantucket, Massachusetts. now known and numbered as 51 Nobadeer Farm. Road, bounded and described as follows: Lot 575 on plan numbered 16514-31, drawn by Hayes Engineering. Inc.. Surveyors, dated December 18, 1998, filed with Certificate of Title No. 16764 at the Registry District of NantuCket County. , "-" ~ For title reference. see Certificate Of Title No. 19326 at the Registry District of Nantucket County. .Y , 1 , 7 , . . Executed and sealed on ju t.4 Se/kr(s): ~~ ~~~ ~J' WalterJ.Glo . "~~U , "J- , 2005. MASSAOHUSETTS EXOISE flY Nantuoket Oounty ROD , 001 Date: 07/1212006 02: PM Otrl' 46704$ 08402 001 00112548 Fee: ts.192.00 0 ne: 1700.000.00 l i , COMMONWEALTH OF MASSACHUSETIS County: Nantucket S8. On this ~y of ...N\..J\, . 2005, before me, the undersigned notary public, personally appeared Walter J. Glowacki , proved to me through satisfactory evidence ofidentitication, which were MA. l)L\~ u..r . . to be the person whose name is signed on the preceAing or attached document, and acknowledged to me that he signed it voluntaril as. .... .-- . . oS ;;; ~'. : .... t; "'" , : "" ~.~ } , ' r ,- .' ~":'. L. ..J" -~ , . ;"~ ." ~ ~ ,". ., ~ ""- ... "0 .~ - < , " ~ ~.. . ':" ! ~.=; - ,..< ,- ,...... 1 " " ,. ~. -;. '.' LANOMNK L CERtIFICATE ~j~.~ BERlVLV.JOHNSON.JR..NaI8ry~:.;"~J>,. "', ..... MyCommlellonExpllws........., "'...."l, """,... "".'~':' : '~,\\1I\" .'#"I~,~ '!:.:'.6.~.~.,~ t~...~.- _.-' .., ClN, J,'t "', <f!./.l".:S ' ...,'. .\'),............ '..... 1.1:t".1.... ,.?' ~...t.;.~: ilL~......, Q'-;, ..~'...,:: .,: ~/"~'" ... "::~..", ;.; .' - w .~ """. ;, ~ ..... .. ~.. . "':! ....(.A7 . ,.... -~. c:t.:., , oJ ~::t .. .~... ,,' ~:......= ':: ~ .~.::.} .:1:"'" ~ 1'~~~ .J~~~' l1z G.i " ".' ~""'. ~ ..."",'1 .\. ~ ":," . ~;. ,~, -. 01. ~.Ij,,~.... A.. ~ -.' _ ~...... '. . _,.4 .. ""'- ~ . . ", .' ~'.I.~~ ...... " -r., . .";..... "" ~"" I;j ~(j "'~. "< ~.t"": .. ,..~.., -.' "9'!' ",..",. ..:. '\ . 11 ;l~ " .,~ . z; I ~ - .. = i' .. I I 0 ; .. t I .. "t; P :I - iI I if n 5 ~ I .. q I ! I .. i ! I r s ~ I iii4 I f - i . ". -D ... Q OJ - = . .:'"> " :~""~~'.~.;::: '. . ',' . ~ F . . . . . . . .;.;-':'.= r.. .' , ..;:. ~~.. w .... - . : . . . :. - :~.. . . .... . ....~ 1.'''- " i I:lV ' ~.~ , ~,@ ~~ I '11 ~~(U ~~ 'CO ~ '"' !'ii : f~ '. ::.);;. .~.~ ~ I" ~ , (J:I r 10'\ r ~:) ~. 'j:;~ :~:.~ ..~' ~ I. ~ i \)".: ~~ ~_~ ~ .~ ;"" .~~1!::~~.;l ~ ~i I i~' p COo. "'l( ",1 ~'.' --.. ---~-~-..:- - ~-: .. ~ -- -----:. -1..."",- ", ~-:';':".l ~ . A. .i ~ . Q Q) Q) N c..2 'CIt :~' '*-' < .. ~~ a. ?: t'....~ ., e (l) Q) ti en " ,~, ...~ ...~ " .. " TOWN OF NANTUCKET 088235 BOARD OF APPEALS NANfUCKET, MASSACHUSBTIS 02554 Date: June 17 , 19 99 To; Parties in Interest and. Others co~cerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 041-99 Owner/Applicant; JEFFREY KASCHULUK AS TRUSTEE OF NANTUCUT REALTY TRDST, PWNER AND WALTER J. GLOWACKI, JR. CONTRACT PURCHASER 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. ~w cbA Q Dale W. Waine ' Chairman cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED.UPON ACCORDING'TO NANTUCKET ZONING BY-LAW U139-30I (SPECIAL PERMITS)J fi139-321 (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. ,~' ~- .. \. '..,.. 088235 NANTUCKET ZONJ:NG BOARD OF APPEALS 37 Washington Street Nantucket, Massachusetts 02554 Assessor's Map 69, Parcel 14 (part) 130 Old South Road (part) Residential Commercial-2 Land Court plan 16514-31 Lot 575 Cert. of Title No. 16764 DECISION: 1. At: a public hearing of the Nantucket Zoning Board of Appeals, on Friday, May 14, 1999, at 12:00 noon, in the Conference Room, in the Town Annex Building, 37 washington street, Nantucket, Massachusetts, the Board made the following decision on the application of JEeFREY KASCHULUK, as TRUSTEE of NANTlCUT REALTY TRUST, Owner, and WALTER J. GLOWACKI, JR. , Contract Purchaser, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2'669, Nantucket, Massachusetts 02584, File No. 041-99: 2 . The Contract Purchaser is seeking a SPECIAL PERMIT under Nantucket Zoning By-law ~139-9.B(2) (d) (pe~rochemic~l storage and transfer facilities in properly constructed packaging containers). The Contract Purchaser proposes to use the subject' property (the II Locus") for the storage of petroleum products in three properly-constructed 3,000 gallon tanks. The total area of commercial uses upon the Locus, including oil tanks to be placed upon a concrete pad and an office building, would not exceed the threshold minimums for a Major Commercial Development under ~139- 11. The applicants have also requested site plan approval under ~139-23 _ The Locus is situated at 130 OLD SOUTH ROAD (part), Assessor's Map 69, Parcel 14 (part), is shown upon Land Court Plan 16514-31 as Lot 575, 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 recommendation was favorable, subject to revisions to the site plan as originally proposed, installation of an oil and gas separator, and the proposed driveway being designated as one way in and one way out. The Planning Board further noted that because two driveways are proposed, a Special Permit from the Planning Board will be required under By-law ~139-23, as amended at the 1999 Annual Town Meeting. Several neighboring property owners appeared with concerns about the proposed use, and opposition was expressed by one of these neighboring own~rs. 4. The Locus is situated in a Residential Commercial-2 zoning district, in which office use is permitted as a matter of right t and "petrochemical storage and transfer facilities in properly constructed packaging containers" are allowed by Special Permit where the Board of Appeals, as special permit granting ~..' -".. ~ - .. ...- - 088235 authority, specifically finds, in addition to the other requirements of the Zoning By-law as to the granting of a Special Permit, that the use will-not inherently be in ~iolation of ~139- 7.E(4). [~139-7.E(4) prohibits in all districts uses which are "injurious, obnoxious, offensive, dangerous or a nuisance to the community or to the neighborhood through noise vibration, concussion, odors, fumes, smoke, gases, dust, harmful fluids or substances, danger of fire or explosion or other objectionable feature detrimental to the community or to neighborhood health, safety, convenience, morals or welfare II . ] The Locus is not situated within the Public Well Recharge Overlay District, in which storage of hazardous or toxic materials is expressly prohibited by ~139-12.B(2) (b). There is no zoning district in. Nantucket which is solely to be used .for commercial uses and in which residential uses are not permitted as a matter of right. 5. As presented by the applicants, they propose to use the Locus for the storage of home heating oil in three 3,OOO-gallon storage tanks, to bel placed upon a concrete pad and with appropriate specifications, as shown upon the final site plan as endorsed by the Board of Appeals, to prevent spillage and damage to ground water and the surrounding area. The heating oil will ,be delivered and removed from the site by tank. trucks. There will be no gasoline stored or sold upon the Locus, and there will, be no retail sales. The Contract Purchaser proposes to construct an office in a small office building upon the Locus. The Contract Purchaser will provide a security fence and appropriate screening, also as shown upon the approved site plan. 6. The majority of the Board of Appeals which voted in favor of the requested- Special Permit noted that the Locus is situated within a Residential Commercial-2 zoning district, in which commercial uses are generally permitted, and that, with the Locus being situated outside the Public Well Recharge OVerlay District, the Locus is suitable for consideration as the site for a transfer facility for home heating oil. With regard to the general prohibition of obnoxious uses under ~139-7.E(4), it is to be noted that if petrochemical storage and transfer facilities were to be considered to be inherently detrimental to the neighborhood or community, there would be no reason for the Town Meeting which adopted the provisions of ~139-9.B (2) (d) to have inserted the language permitting this use by Special Permit. Rather, if the use is appropriately conditioned and suitable methods are used to prevent damage by the use of containers with proper specifications, it cannot be considered to be inherently obnoxious or otherwise prohibited by the language of ~139-7.E(4). 7. The opponents of the project noted the close proximity of residential and mixed uses within this same zoning district and expressed concern as to the potential dangers to the neighborhood from the storage of petroleum products. 8. After deliberation, the majority of the Board of Appeals which voted to grant the requested Special Permit considered that 2 .. .,._:" "~f. Y 4 .. 088235 with conditions set forth in the site plan as presented to the Board of Appeals and the further conditions set forth in this Decision, and as further revised as shown upon the sit€ plan as endorsed by ~he Board of Appeals, the prqj ect would not fall within the prohibition of ~139-7.E(4). Accordingly, by the vote of four members in favor (Waine, Williams, Parent and Murphy) and one opposed (Sevrens), the Board of Appeals made the finding that the proposed use of the Locus for the storage and transfer of home heating oil, conditioned as set forth herein, would be in harmony with the general purpose and intent of the zoning By-law, and specifically would not inherently be in violation of ~139- 7.E(4), and GRANTED the requested SPECIAL PERMIT, subject to the following conditions:. (a) The petroleum products to be stored upon the Locus shall be limited to home heating orl;'no gasoline shall be stored upon the Locus. . , ~. .. :..(b).:, . There shall be no retail sales upon the Locus; ..,'." (c) ~ . The ~o~ercial activities upon the Locus shall be screen~~nd fenced, ~s shown upon the site plan endorsed by the Board P.f ~peals. ."' .. . . . f.,: t ,:. . . RECEIVED 'TOWN CLERK'S OFFICE NANTUCKET, MA 02554 JUN 1 7 1999 TIME:_. .3 \3'"' P kl. . ..1...-- CLERK: Y<L (" D. -'::/:;-;:-J I . ".,,:, f ,(it) The p:rqject shall be complijl.pcEf"with all ~ the provisions and forth ~~o}~the site p~fn endorsed y the '-';~ Dated: . June ~, 1999' .~ , .:'. F:\WP\1Ca5Ch~~'p'k\-;~f~~~i\BOA Decision.doc ~:" ./"~'~~:i~',;::i:;;~~'~>'.~~~A/.:~~,::.; .... . - tI.-' ", ...,... ..... ~ ". .... ........... "l.cJi:J.'nFriUlA1J20'D~ttHAVB~ri"..m: t .''"...., ,. , . FilJ#J)'iNnmUl"I'~\:Ir........ '-'"::: f i~/ s: ~'. '~~. .' ='riiA.T'NOArPEAL~BEEN '.~ : : . ~ .~:: .v~...~ . . .~., WS-.SOCI1ONU ,. .. ~. ,W., " . . '_.~ ...... -' ....'"' . r'. r . . .... (:..... .. . '.- _,'.~A."" f~.' :~ ;'; _ a.ilUC -". " f'.~ :;......... ..' .:.. . . ~':, ".',' '!OWN " ~.: i' :: '.~..,: { :n... JUt. 08 ,q~~ . ~ . . . '" ... 3 p'- :,-- ... ,..~--, ... ,. ------ -l'~___._..._ BoA Form ~IJO 2-89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 RECEIVED BOARD OF ASSESSORS f A \. TOWN OF PROPERTY OWNER: V'v ~ \~ ....\. ~ At..~ . NANTuCKET, MA APPLICANT FOR RELIEF (SAME?~). ~ ~.~.~~(, ADDRESS OF PROPERTY. Sl (j~~A--=- ~* \o{) ASSESSOR'S LIST OF PARTIES IN INTEREST AUG 0 8 2006 ASSESSOR'S MAP - PARCEL: (p~ * LIST OF PARTIES INCLUDING ADDRESSES *(OR SEE ATTACHED ~): I certify that the foregoing (or the attached ) lists all persons, natural or legal, who are owners of abutting property, owners of land directly opposite on any public or private street or way; and abutters of the abutters and all other land owners within three hundred feet"of the ~roperty line of Owner's property, as they (and their address) appear on the most recent applicable tax list [per M.G.L. c.40A, ~11 and Zo~ing Code Chapter ~39, U39-29D(2)]. ~ {/J. 4M ~. /1. ::2tJOt; . . . at ' . . 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