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
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I certify that the information conta'
knowledge, under the pains and
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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:
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(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
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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.
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/.;;- 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
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fHE INHABITANTS OF THE
TOWN OF NANTUCKET
NANTUCKET MEMORIAL AIRPORT
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THE INHABITANTS ~f T!iE TOWt.:
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THl: INNABITANTS OF THE TOWN OF NANTUtKET
NANTUCKET MEMO~IAL AI~PORT
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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' -
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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
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I CER11FY~~r).Ays~i4wELAPSBD AFfER
THB DWSlON,WAS fILED I~JlIE OFFICE OF TIffi
~Mtt>TIIAt,~.~PEALHAS BEEN
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RECEIVED
BOARD OF ASSESSORS
Town of Nantucket
Z,ONING BOARD OF APPEALS
MAR 0 8 2006
TOWN OF
I NANTUCKET, MA
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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~~
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MAILING ~DORESS.....El.S....N.Q~..;~..R.~'dl"
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PROPERTY LOCATION... ... ......... ......o.b~.~..R.
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ASSESSORS MAPIP'ARCEI:,;.. II.... '" .f.. . ... ....... ,-,.. If II It' .... If .,..... II.. ....... '. f1
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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)
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