HomeMy WebLinkAbout053-06
TOWN . OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
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To: Parties in Interest and. Others concerned wittrthe
-15eclslonof the BOARD OF APPEALS in the Applicat~9n of
following:
Date:
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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
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.
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cc: Town Clerk
Planning Board
~uilding Commis~ioner
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); fi139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
2-FAIRGROUNDS ROAD
NANTUCKET, MASSACHUSETTS 02554
Assessors Map 68
Parcel 325
R-C-2
21 Youngs Way
Plan No, E-86, Lot 26
Deed Book 872, Page 114
At a Public Hearing of the Nantucket Zoning Board of Appeals, held at 1 :00 P.M.,
Friday, July 14,2006, in the Conference Room, 2 Fairgrounds Road, Nantucket,
Massachusetts, on the Application of the NOSTRAS LLC~ THOMAS CRADDOC~
PRINCIPAL, of PO Box 955, Nantucket, MA 02554, Board of Appeals File No. 053-06,
the Board made the following Decision:
1. Applicant is seeking a MODIFICATION of the relief granted in the Decision in
BOA File No. 001-04, that allowed the Applicant to operate landscaping/contractor's
businesses in two new commercial structures. Two shops were allowed in one structure
and one shop was allowed in the other structure and the Applicant was allowed to lease
the three shops separately to different entities. There were no dwelling units proposed for
the site. Applicant has purchased the property immediately abutting the lot to the
southwest and now proposes to have similar uses on the abutting property as applied for
in the Application in BOA File No. 054-06. Applicant is now proposing to share the
required loading zone space between the two lots, as well as the access from Young's
Way. SPECIAL PERMIT relief under Section 139-20 is requested to relocate the loading
zone space to a site within the required five-foot side yard setback area and partially on
the lot to the southwest. In addition, a modification of the site plan (Exhibit A attached to
said Decision) is necessary as the screening required along the common southwesterly
side yard lot line would not be practical. Applicant would screen the entire perimeter of
both properties. Due to the location of existing utilities, Applicant proposes to access the
abutting property entirely from the locus, and thus provide only one curb cut to the two
properties. All other conditions would remain in effect.
The Premises is located at 21 YOUNG'S WAY, Assessor's Map 68, Parcel 325,
Plan E-86, Lot 26. The property is zoned Residential-Commercial-2.
2. The Decision is based upon the Application and the materials submitted with it
and the testimony and evidence presented at the Hearing. The Planning Board made no
recommendation as there were no issues of planning concern. There was no opposition
expressed on file or at the hearing.
3. The Applicant stated that the property was benefited by a previous grant of
Special Permit relief in the Decision in BOA File No. 001-04 that allowed two new
structures to be used for commercial purposes. One two-bay structure is now used by two
separate commercial tenants and the other structure is used in conjunction with the
Applicant's landscaping business. Applicant represented that the property is situated in a
mixed-use residential-commercial area that is heavily commercially developed and
benefited by similar grants of special permit relief. Applicant recently purchased the
directly abutting lot to the southwest, the subject of the Application in BOA File No. 054-
06. Applicant is now before the Board seeking a modification of said Decision in order to
be allowed to provide access to the abutting lot through the existing curb cut on the locus
and to reposition the currently conforming loading zone so as to be shared equally
between the two lots and sited within the required five-foot southwesterly side yard
setback area. In addition, Applicant is seeking modification of the Decision in order to
substitute a new Exhibit A-I to show the relocated loading zone and removal of a portion
of the screening required along the common lot line with Applicant's abutting lot in order
to allow full access between the two lots. The loading zone would continue to comply
with dimensional zoning requirements and all required parking spaces would be provided
on site. No other changes are sought and the other conditions would remain in full force
and effect.
4. Based upon the foregoing, the Board finds that the modification of the Decision in
BOA File No. 001-04 to allow the repositioning of the loading zone, elimination of a
portion of the screening along the southwesterly side yard lot line and substitution of new
Exhibit A-I, would be in harmony with the general purpose and intent of the Zoning By-
law. The Board further finds that with the other conditions remaining in full force and
effect, there would be little increased impact due to the modification of said Decision.
5. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested
MODIFICATION of the SPECIAL PERMIT relief granted in the Decision in BOA File
No. 001-04, to complete the changes as proposed, upon the following conditions, with the
previous conditions incorporated and altered below:
a. There shall be a maximum of three commercial tenants on site;
b. The improvements on the site related to the screening, surfacing,
parking and loading zone location shall be done in substantial
conformance with the new "Site Plan" done by Jeffrey L. Blackwell,
dated June 27, 2006, a reduced copy of which is attached hereto as
Exhibit A-I;
c. Densely packed vegetative screening shall be planted and maintained
with a minimum height of four feet as shown on new Exhibit A-I;
d. There shall be no outdoor storage of goods and materials associated
with the commercial uses;
e. There shall be no commercial activity on Sundays and the hours of
commercial operation shall be no earlier than 7 :00 AM and no later
than 6:00 PM;
f. When heavy power equipment is being operated related to the
commercial businesses, all doors and windows in the shop areas shall
be closed to avoid excessive noise and all such use shall cease after
6:00 PM; and
g. All commercially related parking shall be contained within the Locus
and not allowed to park in Young's Way.
6. In separate action, by a UNANIMOUS vote~ the Board approves the modified site
plan, attached as new Exhibit A-I, as required under Section 139-23.
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Dated: August {<( , 2006
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TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
JUN 3 0 2006
NOTICE TIME:. 3: '" ~~
A Public Hearing of the NANTUCKET ZONING BOARD OF APPilm wll~ar
1:00 P.M., FRIDAY, JULY 14,2006 in the Conference Room, 2 FAIRGRO~lQ
ROAD. FORMERLY KNOWN AS THE NANTUCKET ELECTRIC COMPANY
BUILDING. WITH AN ENTRANCE FROM OLD SOUTH ROAD. FIRST RIGHT
AFtER FAIRGROUNDS ROAD COMING FROM TOWN WITH ENTRANCE
FROM THE FRONT OF THE BUILDING, Nantucket, Massachusetts, on the
Application of the following:
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETT,%~:~
PHONE 508-228-7215 NANTUCKET, MA02fJI4
FAX 508-228-7205
NOSTRAS LLC, THOMAS CRADDOCK, PRINCIPAL
BOARD OF APPEALS FILE NO. 053-06
Applicant is seeking a MODIFICATION of the relief granted in the Decision in
BOA File No. 001-04, that allowed the Applicant to operate landscaping/contractor's
businesses in two new commercial structures. Two shops were allowed in one structure
and one shop was allowed in the other structure and the Applicant was allowed to lease
the three shops separately to different entities. There were no dwelling units proposed for
the site. Applicant has purchased the property immediately abutting the lot to the
southwest and now proposes to have similar uses on the abutting property as applied for
in the Application in BOA File No. 054-06. Applicant is now proposing to share the
required loading zone space between the two lots, as well as the access from Young's
Way. SPECIAL PERMIT relief under Section 139-20 is requested to relocate the loading
zone space to a site within the required five-foot side yard setback area and partially on
the lot to the southwest. In addition, a modification of the site plan (Exhibit A attached to
said Decision) is necessary as the screening required along the common southwesterly
side yard lot line would not be practical. Applicant would screen the entire perimeter of
both properties. Due to the location of existing utilities, Applicant proposes to access the
abutting property entirely from the locus, and thus provide only one curb cut to the two
properties. All other conditions would remain in effect.
The Premises is located at 21 YOUNG'S WAY, Assessor's Map 68, Parcel 325,
Plan E-86, Lot 26. The property is zoned ~~-t~./
Dale Waine, Chairman
THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
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FEE;j300.00
NANTUCKET ZONING BOARD OF APPEALS
.. it 1 IJ:AST CHESTNUT STREET
NANTUCKET, MA 02554
APPLICATION FOR RELIEF
CASE NO. cJ S 3-d 0
Owner's name(s): /lJOSYra g I-L ~
~=::::::::e(s):~~~;~~~~tit1~~i~~- ..._......./..
. Locus 'address: {~Assessor'sMapfParcel: tb~ /320-'
1"
Land Court PlanfPlan Boo I & Pag !Plan File No : 3 -- 0 . Lot No.: Z4
Date lot acquired: '2-t ~J 4need Ref./Cert. of Title: ' I Zoning District: I< (; - 2-
V-.. on Lot - Commereial: None_ Yes (deseribe) - LOP1oR. A rry; (Z Om 'trIt1. (0/,.1 2.l\IcO&7'
. Residential: Number of dwellings~ Duplex~ Ap ents_Rental R . ms
. Building Date(s): All pre-date 7/721 or ;;(6eJ,c;' C of O(s)?
Building Permit Nos:
Previous Zoning Board Application Nos.:
(001-0 'f)
./
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:
~ atlochJ OOJd2JMGW rn)
I certify that the information contained herein is substantially complete and true to the best of my
knowledge, under ~he pains a~d penalties of perjury._ /
SIGNATURE: ,/.-. /~ ~ ApplicantJ.L...Altorney/Agent
(If not owner or owner's attorney, please enclose p oof of agency to bring this matter before the Board)
F OFFICE USE
Application received on: ~ l!LdoBy: Complete:
Filed with Town Clerk:h/~~I ep.: I ,
Fee deposited with Town Treasurer:la)12.,(J(?By: Vaiver requested?:_Granted:_'_I_
Hearing notice posted with Town Clerk:.G.J ~eJ' Q'fMailed::::Z1 j..J~I&M:fQJ22J~ & .2./(Q./~
Hearing(s) held on:_I_I_ Opened on:_I_I_ Continued to:_I_I_ Withdrawn?:_I_I_
DECISION DUE BY: I I Made: 1 1 Filed wrrown Clerk: 1 1 Mailed: 1 1_
--- --- -----
ADDENDUM
Applicant is seeking a modification of the Special Permit relief granted in the Decision in
BOA File No. 001-04 that allowed the Applicant to operate a landscaping/contractor's
business on the ftrst floor of two proposed new commercial structures. Two shops were
allowed in one structure and one shop was allowed in the other structure and could be
leased separately to different entities. There were no dwelling units proposed for the site.
Applicant has purchased the property immediately abutting the lot to the southwest.
Applicant now proposes to have similar uses on that property as applied for in the
Application in BOA File No. 054-06. Applicant is now proposing to share the required
loading zone between the two lots, as well as the access from Young's Way as shown on
the "Site Plan" done by Jeffrey Blackwell, dated June 9, 2006 and included with the
Application. Special Permit relief under Section 139-20 is needed to site the loading zone
space within the setback and partially on the lot to the southwest. In addition, a
modification of the site plan (Exhibit A attached to the Decision) is necessary as the
screening required on the southwesterly side yard lot line would not be practical.
Applicant would maintain screening around the entire perimeter of both properties. Due
to the location of existing utilities, Applicant proposes to access the new property entirely
from the locus, and thus providing only one curb cut to the two properties. All other
conditions would remain in effect.
Town of Nantucket Web GIS - Map Page
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Additional Info
Town of Nantucket Web GIS
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Property ID 68 324
Location 23 YOU
Owner YOUNG
Co-Owner C/O NC
D 1998 Aerial Photo
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Town of Nantucket Web GIS - Printable Map
Page 1 of2
Town of Nantucket Web GIS
Prop ID
Address
Owner
68 325
21 YOUNGS WY
NOSTRAS LLC
9 KELLY RD
NANTUCKET, MA 02554
02/04/2004
$350,000
00872/0114
0.24 acres
NOT A LEGAL DOCUMENT
'::::>
Sale Date
Sale Price
Book/Page
Lot Size
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
Disclaimer 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
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date, Jo..n()]I'f'1 Ao , 20(] '7
To: Parties in Interest and Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.: OcJl--o L/
Owner/Applicant: Sfu.r7/ 'sp'/Jes ILWr7lMe TrtIS~
Lu('1ff1(J0. YfJO()Q/ YruC;;'kc , crnd ~. AJ'c&Ym.s.
t" I. .
LLC,' Thcm!X~ CrnclrJJcct( 1JJ7/i}.,. / Cc/Jfrocfphrer
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.
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.
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
Assessors Map 68
Parcel 231 and 232
Lot 26 in Planning Board File No. 6662
R-C-2
15/19 YOUNG'S WAY
Plan File 12D, Lots 5 and 6
Registry Plan No. 03-10
Lot 26
At a Public Hearing of the Nantucket Zoning Board of Appeals, held at 1 :00 P.M.,
Friday, January 9,2004, in the Conference Room, Town Annex Building, 37 Washington
Street, Nantucket, Massachusetts, on the Application of the STURGIS PINES
NOMINEE TRUST, LUCINDA YOUNG, TRUSTEE, AND FOR NOSTRAS LLC,
THOMAS CRADDOCK, MANAGER, CONTRACT PURCHASER, of PO Box 955,
Nantucket, MA 02554, and PO Box 3306, Nantucket, MA 02584, respectively, Board of
Appeals File No. 001-04, the Board made the following Decision:
1. Applicant (Nostras LLC) is seeking reliefby SPECIAL PERMIT under Nantucket
Zoning By-law Sections 139-9B(2)(a), (b) and (c) to operate a carpenter's/landscaping
shop on the first floor oftwo proposed separate commercial buildings on one lot. One
structure would be used by the Applicant's landscaping business, and the other structure
would be leased to a maximum of two separate tenants. The Locus is conforming to all
dimensional zoning requirements and all of the required parking spaces and the loading
zone would be provided on site.
The Premises is located at 15 YOUNG' S WAY, Assessor's Map 68, Parcel 231,
Plan File 12D, Lot 5 (and 6). The specific Lot is shown as Lot 26 in Planning Board File
No. 6662, endorsed December 9,2002, and on Registry Plan No. 03-10, Lot 26. The
property is zoned Residential-Commercial-2.
2. The Decision is based upon the Application and the materials submitted with it
and the testimony and evidence presented at the Hearing. The Planning Board made no
recommendation. There was no opposition expressed on file or at the hearing.
3. The Applicant (Nostras LLC) represented that the property was situated in a
mixed-use residential-commercial area that was heavily commercially developed and that
there were several commercial businesses located proximate the Locus. Applicant stated
that he proposed to construct two separate commercial buildings one lot and would be
using at least one in conjunction with Applicant's landscaping business, and the other
bays used for up to two separate tenants, which may include a carpenter's shop. Should
basements be constructed under the buildings the space would be used for personal
storage and utilities. Applicant represented that there would be no exterior storage of
goods or materials related to the various businesses. All required parking spaces and the
loading zone would be provided on site and screening would be provided for the lot as
shown on a "Site Plan to Accompany ZBA Application", done by Blackwell and
Associates, dated December 92003, a reduced copy of which is attached hereto as
Exhibit A. The Locus is conforming in all respects and the proposed structures would
also conform to all zoning requirements. Applicant further represented that a Certificate
of Appropriateness had not been issued by the Historic District Commission as of the
meeting and asked that the site plan relative to the footprints of the buildings be
aooroximate and not exact.
. .
,
,
4. Based upon the foregoing, the Board finds that the proposed use as two separate
commercial structures with no outdoor storage related to any of the commercial uses, is
in harmony with the general purpose and intent of the Zoning By-law. The Board further
finds that a grant of relief with conditions would be consistent with relief previously
granted in many similar applications, including two previous Decisions granted to two
other lots in this same subdivision.
5. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested relief
by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-9B(2)(a), (b) and
( c), to operate the Locus as proposed, upon the following conditions:
a. There shall be a maximum of three commercial tenants on site;
b. The improvements on the site related to the screening, surfacing and
parking area shall be done in substantial conformance with Exhibit A.
However, the exact footprint of the commercial structures are not
restricted by Exhibit A so long as they remain conforming and all
parking and loading zone requirements continue to be met;
c. Densely packed vegetative screening shall be planted and maintained
with a minimum height of four feet as shown on Exhibit A;
d. There shall be no outdoor storage of goods and materials associated
with the commercial uses;
e. There shall be no commercial activity on Sundays and the hours of
commercial operation shall be no earlier than 7:00 AM and no later
than 6:00 PM;
f When heavy power equipment is being operated related to the
commercial businesses, all doors and windows in the shop areas shall
be closed to avoid excessive noise and all such use shall cease after
6:00 PM; and
g. All commercially related parking shall be contained within the Locus
and not allowed to park in Young's Way.
6. In separate action, by a UNANIMOUS vote, the Board approves the site plan,
attached as Exhibit A, as required under Section 139-23.
\
Edward Murphy
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BOARD OF ASSESSORS
Town of Nantucket
JUN 1 2 2006
ZONING BOARD OF APPEALS
lOWN OF
NANTUCKET, MA
LIST OF P ART1ES IN INTEREST IN THE MA TIER OF THE PETITION OF
PROPERTY O~ER'",,, "."''''. Idq~,rtf7s,,, ,~~.,'",..,,'''
, .
MAl L~G ADDRESS.,..",...."",.",...,..,:.,.""",..,..",.,..,..."""",.",., ,.
PROPERTY LOCATION",,,,..... ,g;, " ,i(!fI./f)&: S.. . "If) >:.".."'"
. /: tJ_c3.2C
ASSESSORS MAPfP ARCEL:".. .~(), '"'' "~"..,.."..,,....,""""''''''''',..
APPLICANT.."" '" ,,'." .:"?RAt:"" ,..{('~I!AA~L"".".""..,,,
SEE ATTACHED PAGES
1 certify that the foregoing is a list of persons who e.re 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 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 139.299 (2) .
r../~H2fP.('
DATE'
//~iJ~
ra1;""..".".,.,...".
ASSESSOR'S OFFICE
Town of Nantucket
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