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HomeMy WebLinkAbout036-06 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: lYla, /5 , 200Cp To: Parties in Interest and. Others concerned with the -J5eclsIon of the BOARD OF APPEALS in the Application of the following: . Application No.: 03(0 -06 Owner/Applicant: JOdI ()tfAoV1 -r KQt +h ond ~(c'2Ct ~~tV1 -R. {(Ql +tn 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 com~laint and certified co of the necision must be given to the Town Clerk so as 0 be rece d within suc 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 ~139-301 (SPECIAL PERMITS); @139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 APPLICA TION FOR RELIEF CASE No.~/drp FEE: $300.00 Owner's name(s): Jonathan T. Raith and Elizabeth R. Raith Mailing address: 5 Kite Hill Lane, Nantucket, Massachusetts 02554 Applicant's name(s): Same Mailing address: Same Locus address: 25 Nobadeer Farm Road(portion) Assessor's Map/Parcel:69/24.2 Land Court Plan/Plan Book & Page/Plan File No.: 16514-70 Lot No.: 758 and 759 Date lot acquired: 02/03/99_ Deed Ref./Cert. of Title: 18,792 Zoning District: RC-2 Uses on Lot - Commercial: X Yes (describe) Storage, light manufacturing and fabrication of component parts for off-site construction or use Residential: Number of dwellings 0 Duplex_ Apartments Building Date(s): All pre-date 7/72? No or Building Permit Nos: Previous Zoning Board Application Nos.:061-98 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: Rental Rooms C ofO(s)? See Addendum attached ~ ::;: . ~ N -> ;0 fl1 (") rn -0 ..... ,~ en (:1 (Jl w I certify that the information conta' knowledge, under the pains and /'/ erein is substantially complete and true to the best of my ie fperjury. SIGNATURE: Applicant Attorney/Agent ~ (If not owner or owner's tt ase enclose proof of agency to bring this matter before the Board) J FOR~APffICE USE Application received o~~ By: (Q ')CJUU Complete: Need copies?: \.7i: FiledwithTownClerk:3/~. _ lannin .___' . ..___B~Q~ Fee deposited with Town Treasurer:3/LIffgBy: 1j?~Waiver equ.e sted?:_Granted:_'--.!_ Hearing notice posted with Town Clerk:3J~,c(QMailed:~j2 _ I&M:~23g:Q & :5;3acf1;J Hearing(s) held on:-I_/_ Opened on:-I_/_ Continue to:_/_/_ Withdrawn?:-I_/_ DECISION DUE BY:_/_/_ Made:--"_/_ Filed wffown Clerk:_/_/_ Mailed:-I_/_ DECISION APPEALED?: / / SUPERIOR COURT: LAND COURT Form 4/03/03 --- Addendum Nantucket Zoning Board of Appeals Application 25 Nobadeer Farm Road Jonathan T. Raith and Elizabeth R. Raith (the "Applicants") are the owners of 25 Nobadeer Farm Road, Nantucket, evidenced by a deed recorded in the Nantucket Registry District of the Land Court as Document No. 83788 and Certificate of Title No. 18,792 (the "Premises"). The Premises is located in the RC-2 Zoning District. The Premises consists of two parcels of Land, Lots 758 (the "Locus") and 759. Lot 758 is to be improved as described herein and shown on a Plan of Land dated March, 2006, by Blackwell and Associates, Inc. Lot 759 is vacant and the Applicants have no current plans regarding the development of that lot. Access to both lots will be over a shared driveway as described herein below. Locus, Lot 758, is one of two lots created as the result of an Approval Not Required division of land dated July 28, 2005 and filed with the Nantucket Registry District of the Land Court as Plan No. 16514-70, said land originally comprising a single lot on Nobadeer Farm Road. The Premises was benefited by a Special Permit duly issued by the Nantucket Zoning Board of Appeals in BOA File No. 061-98 (the "1998 Special Permit"). The 1998 Special Permit allowed for the construction of an additional building on the Premises; however, the planned construction never occurred. The Applicants are now seeking to renovate the existing structure on Locus. Said structure is a one (1) story wood frame building with a garage-shop on the first floor , divided into two bays, having a ground cover of 1,186+/- square feet. The Applicants intend to expand the commercial space to approximately 1, 750 square feet and construct a one bedroom dwelling on the second floor The Locus is conforming as to lot area, containing about 5,228 +/- 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 Hinsdale Road in excess of the 40 feet required in the District. The renovated structure as proposed on the Premises will have a ground cover of about 33% in a Zoning District that allows ground cover of 50% for conforming lots. Except as discussed below, the proposed structure will conform to all other requirements of the By-law, including front, rear, and side yard setback, vehicle parking requirements and open space. The 1998 Special Permit also permitted the Premises to be used, in accordance with Zoning By-law Section 139-9B (2) (a) (light manufacturing) (b) (Storage and Warehousing),and (c) (Fabrication and assembly of wooden components parts for off- site construction or use), to allow use of a two-bay garage for tradesman workshops and commercial storage and enclosed storage of tradesman's goods, materials and other personal property as well as light manufacturing. These uses will continue on Locus. The Applicants are also requesting, consistent with the 1998 Special Permit, that they be permitted to maintain the separate leasing of each of the commercial spaces either individually or collectively. Applicants now wish to have the Zoning Board of Appeals modify the 1998 Special Permit pursuant to Nantucket Zoning By- law Sec. 139-29 E. (2) (Board of Appeals Powers) to state that this relief, if granted pursuant to this Application, is specific to Lot 758, Locus, and not applicable to the newly created vacant abutting Lot 759 immediately to the east and to allow the substitution of a new Exhibit "A" reflecting the proposed improvements on the Locus. Applicant is also seeking relief by Special Permit pursuant to Zoning By-law Section 139-20 (Off-street loading facilities) to permit an off-street loading facility to be sited within the required five-foot easterly side yard setback area. The dimensionally conforming loading zone space would be constructed entirely on the Locus. The access for both lots would also be by a shared driveway. Furthermore, Applicants are seeking Special Permit relief from Section 139-18 A(3) (a) to permit an aisle width of less than 24 feet for the parking on Locus. 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: 1800 s.f. 1/900 s. f. 2. 2 RC-2 dwelling: N/A . 75/bedroom X 1 1. 1 Required 3 Provided 3 Sec. 139-20 Off Street Loading 1 1 ZONINS CLASSIFICATION: RC - 2 EXISTING: MIN. ARfA: . . . . QQO.D. $~ . . . 5228 SF 40' 69.73' ' . . MIN. FRONTAGE: . , . . . . . . . . . . . . . , , . 20' SEE PLAN FRONT YARD S.8.: . , . . . . . , . . . . , . , . , 5' SEE PLAN REAR & SIDE S.8.: . . . , . , . , ( ) 50% '(188,. SF,"(2,' 2.7%) GROUND COVER 7.: . . .0. . , . . .. . . EXISTING STRUCTURE: 1,188 SF P~OPOSED ADDITION: 598 SF 1,786 SF (34.2%) OPEN SPACE: 1,116 SF (21.3%) PARKING/DRIVES: 2,326 SF (44.5%) Approval of Special Permit Nantucket Zoning Board of Appeals DA TE APPROVED: FILE NUMBER: I~ ~ -- ~~OF~ij,' .. .. -- -~-'- , J:/J:Ar ~ ~ __ ..... I~~",. ~v'S1) A T ~ln:F~ :". .-o"'r" ~~ z:r oUIILyo........ ~ ". UPP2'/l . .9:<0 J.:, (PE> --~....y OIsii;c-- ~. ..... ~ OHw~ IrI~41'e rUl<c~~ _~...;,;___-:; , (/).1Rl' - 33' Ro-,/) 1Y ~ I) &7') - .20' u... :I: ".1/)&) l?O A1) dhCB FND. (NOT lOC'lID) 69- 23 N/F WALSH, JOHN JR. , LC.C. 16514-59 (PENDING) , CERT. #12590 LOT 714 I LOT 758 5,228 S. F.:t '7 l! ,j ~ ~l ,! ,.I, /1 ORIGINAL SIGNED AND STAMPED COPIES OF THIS PlAN MAY BE PHOTOCOPIED BY THE BOARD OF APPEALS OR THE NANTUCKET COUNTY REGISTRY OF DEEDS FOR RECORDING PURPOSES. IN CASES OF DISCREPANCIES REGARDING INFORIAATlON CONTAINED HEREON AND UNAUTHORIZED PHOTOCOPIES OF THIS PlAN, ONLY in ORIGINALLY STAMPED AND ENDORSED COPIES SHALL BE ~ ACKNOWLEDGED BY THE CERTIfYING LAND SURVEYOR ~ THIS PLOT PlAN WAS PREPARED TO ACCOMPANY AN APPLICATION " TO THE NANTUCKET BOARD OF APPEALS AND IS NOT TO BE 8 CONSIDERED A FULL INSTRUMENT SURVEY. . ~ THIS PlAN SHOULD NOT BE USED TO ESTABLISH PROPERTY LINES. ;:;. FENCES, HEDGES OR ANY ANCILlARY STRUCTURES ON THE PREMISES. I THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PlANS ;3 OF RECORD. ~ ~ THIS PLOT PLAN IS NOT A CERTIFICATION AS TO TO THE TITLE OR € OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES ; ARE SHOWN ACCORDING TO CURRENT TOWN OF NANTUCKET ASSESSOR ~ RECORDS. ~ THIS PlAN MAY NOT BE USED FOR ANY OTHER PURPOSE THAN ITS ~ INTENDED USE NOTED ABOVE. (; C 2002 Blackwell & Associates Inc. .' wg, ~ /. \ /.;;- 15.00' WIDE / f;j DRIVEWAY EASEMENT & SHARED DRIVEWAY WITH LOT #759 69-24.1 N/F DONOVAN, BARRY F. lC.C. 1651'-' CERT. #18548 LOT 199 "'.49' '.'.52 Plot Plan to Accompany Board of Appeals Application in Nantucket, j{ assachusetts SCALE: 1 "= 20' DATE: MARCH 21, 2006 Owner: . ~qNATH.A~. T: ,~ .E~I~i\BqH. ~'- ~~I~H. . . . . . . . . . . . . . . , . . . 'lOt 758' . . , . DeedjCert: . GE.RT.. 18.J92 Pion: L~.p~ .1 PQ 1.4,-7Q 69-24.2 T ox Mop: . ~qR!19~. Locus: 2.5 .t'iO~~D.E~R. ~AR~ .RP FBK.: BLACKfELL &- ASSOCIATES, Inc. ProlessUmaJ. Lcmd SunJeyOf'S 20 Teasdale Circle Nantucket, Massachusetts 02554 (508) 228-9026 B- 5272 oser e 1 J ! i I 1 ] I i I .~ 1 I 1 I I . I I I I j I I' "poo. " I . At. ~ \t......, '::l ~'l-.'?.. .. ~ 'l~."'.:,.c)r ""C ').~ ~ ()~ fHE INHABITANTS OF THE TOWN OF NANTUCKET NANTUCKET MEMORIAL AIRPORT 78-1 o o o - ---------- ----..-"- / THE INHABITANTS ~f T!iE TOWt.: 8 29.2 A"'::;. I I -T I THl: INNABITANTS OF THE TOWN OF NANTUtKET NANTUCKET MEMO~IAL AI~PORT 18-2 ~ ....:I-~ / / /~ / ' ~"'" / " "- / , , / / "'~'t' / (~:; "- / '- ~. ~ TOWN OF NANTUCKET 081602 BOARD OF APPEALS NANTUCKET,. MASSACHUSEITS 02554 Date: July ~ tf , 19 98 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: Owner/Applicant: 061-98 RONALD K. BAMBER 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. ------ U~LjLJ1~ Dale W. Waine ' ChauplI!QEIVED TOWN CLERK'S OFFICE NANTI !,..v~. ~~ ^ 1'l?554 JUL 2 4 1998 3' - [)~ p.M.- ){kG . TIME: c~~k 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); ~139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. 081602 APPLICATION OF RONALD K. BAMBER c/o Richard J. Glidden Glidden & Glidden, P.C. 37 Centre street Nantucket, MA 02554 ZONING BOARD OF APPEALS South Beach Street Nantucket, MA 02554 Map 69 Parcel 24.2 R-C-2 25 Nobadeer Farm Road Lot 198, LC Plan 16514-4 Certificate of Title No. 18,250 At a PUblic Hearing of the ZONING BOARD OF APPEALS held at 1:00 P.M., Friday, June 12, 1998, at the Town Building Annex, 37 washington street, Nantucket, Massachusetts, on the Application of Ronald K. Bamber, PO Box 26, Nantucket, Massachusetts 02554, Board of Appeals File No. 061-98, the Board made the following decision: 1. Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-Law Chapter 139-9B(2) (a) (light manufacturing), (b) (storage and warehousing), and (c) (fabrication and assembly of component parts for off-site construction or use). Applicant proposes to construct a new 1,440t square-foot building with two (2) units on the first floor, on a lot that currently contains a l,186t square-foot structure that will also have two (2) units. Applicant intends to lease the four (4) units separately. The Premises is located at 25 NOBADEER FARM ROAD, Assessor's Map. 69, parcel 24.2, Land Court Plan 16514-4, Lot 198. The property is zoned Residential-Commercial-2. 2. The decision is based upon the application and materials subm~tted therewith, and the testimony and evidence introduced at the,hearing. There was no recommendation from the Pla'nning Board as the Board determifted that the matter was not a planning concern. There were no letters on file. 3. Applicant's attorney, Richard J. Glidden, presented the case for the Applicant. He explained that the lot currently contains a 1,186 square-foot structure divided into two units, each of which 081602 contains a bathroom. Said structure was constructed in 1980 pursuant to a validly issued building permit, and the bathrooms were added in 1997 pursuant to a validly issued building permit. At the present time the two (2) units are being used as a carpenter shop by one tenant. Applicant intends to construct a new 1,440 square-foot building containing two (2) units, each unit with its own bathroom. Applicant then wishes to have the right to lease' all four (4) units either individually or collectively for any of the following uses: a. light manufacturing; b. storage and warehousing; c. fabrication and assembly of component parts for Off-site construction or use. Two (2) abuttors spoke on this application raising neighborhood concerns. They were not in opposition to the proposal, but they felt that the Board should impose conditions to protect the residential use that existed in the neighborhood. 4. The Board finds as follows: a. That the proposed use is in harmony with the spirit and intent of the By-law, and these commercial uses are proposed to be located in the area of the Island, close ..,to the airport, where such uses should properly be located. b. Applicant's plan complies with the parking requirements and loading zone requirements of the By-law. c. These uses, with appropriate conditions, will not be detrimental to the neighborhooq. 5. Therefore, by unanimous vote, the Board grants the special Permit under Chapter 139-95(2) (a) (b) and (c) upon the following conditions: A. The hours of operation shall be 7:00 a.m. to 7:00 p.m.; ;~. No outside storage of goods, materials or equipment; C. No Sunday operation; and D. Densely planted and maintained perimeter vegetation. 081602 E. Should the Applicant or a successor in title, wish to provide up to two (2) residential units on the Premises, this Special Permit does not restrict said use provided that the requisite parking be provided on site and the revised parking and location of the structures be shown on a revised site plan approved by this Board. 6. The Board, per Nantucket Zoning By-Law ~139-23, then voted unanimously to accept the site plan prepared for the Applicant and'noted as "Bamber Storage & Warehousing Site Plan", signed by the Board on July 10, 1998 and on file at the Board of Appeals. Dated: JUly;>.L-/, 1998 ~(ik '_1 ) J~~ ale W. Waine ~ f' . :.. ~ I CER11FY~~r).Ays~i4wELAPSBD AFfER THB DWSlON,WAS fILED I~JlIE OFFICE OF TIffi ~Mtt>TIIAt,~.~PEALHAS BEEN ro .. .innn~1AW'I'T(lG~J.:f.'!VS 4OA. SECllON 11 FI1ED;:nt~.-.. . {:1 ,. #~ .~~asx ~ ~":,f1\.I." 'IO,\"~~(' ...:' . ".:.~'~..,._.I,.$98 ~ ': .~ :. t ~ ' .' N $ ~ ~ o ~ ~ c:: g; =:J c...'t o o N 0 roD ... Z ::E - ~ .~ 9 00 . ~~,,- 0 + ~ ~ ,,- 4'~i E ~ ~sn , . .~ If':) II! ~ ~ =' tN .. (::>~ ..... <:S - ~&a. G c: .. 0 ~ I~ .a Q d ~ w b ::::s ~ ~ 0) c.) (/) ~ 0 o- w 0 a: #500 RECEIVED BOARD OF ASSESSORS Town of Nantucket Z,ONING BOARD OF APPEALS MAR 0 8 2006 TOWN OF I NANTUCKET, MA .. 1 (" LIST.OF PARTIES 'IN INTEREST IN THE MATTER OF THE PETITION OF . .. . . _j , /',l I A^ k a \-7/,) \" ",J...-l r. () roo.. L PROPERTY OWNER..... {;:.f.\(.);;1y.).(]J1. .~.. ...... ~.J.~.~ .1. ..I~~ .. . n MAILING ~DORESS.....El.S....N.Q~..;~..R.~'dl" c95 KJ .' PROPERTY LOCATION... ... ......... ......o.b~.~..R. . . . ~. 0q/. ~LLa . . ASSESSORS MAPIP'ARCEI:,;.. II.... '" .f.. . ... ....... ,-,.. If II It' .... If .,..... II.. ....... '. f1 . m . /TY1 Q . I A III- ~ I i / _ (l 0_ d I^ f ){QQr V,l! APPLrcANT........[).!.Ls:~.t.~......Q.~...U~...~...~L E r t . SEE ATTACHED PAGES I certify that the foregoing is a list of persons w~o are ownerS of abutting property, owners ~f land directl~ opposite on any public or private street or way; and a:butten of the abutters. and all otner land owners within 300 feet ofth~ property lirie of owner's property. all as they a.ppear?n the most recent applicable tax list (M.G.L. c. 40A. Section 11 Zoning Code Chapter P9':. Section 139.29D (2) ~~..!??r..~(Jt)6 . /) >>. 1~ .-r'J<<:~..0.~,.. DATE . 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