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HomeMy WebLinkAbout030-06 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: flprl/ zs- -,-' ",~" o ' , 2 @G,,:U :['.:~ 2Q :;:0 Dl the -0 VJ (;) \0 ,lj _';'1'" To: Parties in Interest and, Others concerned wi th:~~he -DeclsToil of the BOARD OF APPEALS in the Applica tiiDn. of following: (;1 Application No.: ()2f)-,O(~ Owner/Applicant: S(?(J rncj ~ r:n (1m I~ddr rlfld FJJ Jo b-€ fh G~ P? 00 rr) 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 copy of the _Decision must be given to the Town Clerk so as to be received within such TWENTY ( 20) days. ce: 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 9139-301 (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, Massachusetts 02554 Assessor's Map 69 Parcel 35 RC-2 46 Nobadeer Farm Road LC Plan 14342-H, Lot 7 Certificate of Title No. 21,365 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 12:00 P.M., Friday, March 10,2005 and continued without opening to 1:00 P.M., Friday, April 7,2006, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of SEAMUS M. CROWLEY AND ELIZABETH GENNARO, of 18 Daffodil Lane, Nantucket, MA 02554, Board of Appeals File No. 030-06, the Board made the following Decision: 1. Applicant is seeking a MODIFICATION of the SPECIAL PERMIT relief granted under Nantucket Zoning By-law Section 139-9B(2)(b) and (c) in the Decision in BOA File No. 081-94, as modified in the Decision in BOA File No. 012-99. Applicant is seeking to modify condition "a" in Paragraph 5, by substituting new "Exhibit A-I" that would accurately represent the existing conditions on the site and a change in the location of a handicap access ramp to the westerly side of the office building, and the restoration of properly screened outdoor storage of goods and materials related to the contractors' businesses as permitted in the Decision in BOA File No. 081-94 and restricted in the Decision in 012-99. Applicant is also seeking new relief by Special Permit pursuant to Zoning By-law Section 139-9B(2)(a) (Light manufacturing). Applicant states that it was an omission on the part of a predecessor in title when the original relief was sought as it has been practice for the Board to grant relief under Section 139-9B(2)( a), (b) and (c) and not just (b) and (c) to allow contractors' shops to operate. All of the required parking spaces would be provided on site as well as the loading zone. The Locus conforms to all dimensional requirements of the Zoning By-law. The Premises is located at 46 NOBADEER FARM ROAD, Assessor's Map 69, Parcel 35. The lot is shown as Lot 7 on Land Court Plan No. l4342-H. 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 as there were no issues of planning concern. The Wannacomet Water Company, in a letter from its general manager dated February 17,2006, stated that after reviewing the application he found that the project met the requirements of Zoning By- law Section 139-12B(3)(a) and issued a Certificate of Water Quality Compliance. Except for the presentation by the Applicants' representative, no support or opposition was presented at the public hearing and there were no letters on file. 3. Applicants, through counsel, represented that the Premises is benefited by previous grants of Special Permit relief duly issued by the Nantucket Zoning Board of Appeals in the Decisions in BOA File No. 081-94, and as modified in the Decision in BOA File No. 012-99. Applicants explained that the relief in the Decision in BOA File No. 012-99 allowed, among other things, an expansion of the previously approved commercial structure to a proposed 3,343+/- square-foot footprint that was going to continue to be used for storage and warehousing and assembly of component parts for off-site construction or use for the then owner's construction business, with a maximum of two tenants on site. In fact, the warehouse that was constructed has a smaller different footprint, and the approved separate office structure also contains a smaller footprint with a handicap ramp now located on the westerly side of the structure, all different than what was shown on Exhibit A, made part of said Application and Decision. All structures are conforming as to ground cover and setbacks and the property continues to comply with open space requirements. As a result the Applicants now wish to substitute a new "Building Location Plan" showing the current buildings, relocated ramp and parking and loading zone locations, done by Charles W. Hart and Associates, Inc., dated January 3, 2006 and revised February 14, 2006, a reduced copy of which is attached hereto as Exhibit A-I. 4. Applicants also requested the further MODIFICATION of the Decision in BOA File No. 012-99 by eliminating Condition "b" in Paragraph 6 in its entirety. Said condition states that "There shall be no outside storage of goods and materials". Applicants are asking to be allowed to provide outside properly screened open storage of goods and materials as part of the storage and warehousing use permitted in BOA File No. 081-94 and allowed under Zoning By-law Section 1 39-9B(2)(b) by special permit. Applicants stated that outside storage had been allowed in the earlier Decision in BOA File No. 081-94 in box trucks and trailers left parked on the Premises but that a predecessor in title had waived that right in the 1999 Decision. Applicants now wished to have the Board reinstate the ability to store stone slabs used in conjunction with the manufacturing of such items as countertops outside within an area approximately 350+/- square feet in size adjacent to the parking area in the southeasterly corner of the lot and shown on Exhibit A-I. Applicants proposed that rather than specifically screen the outside storage area separately from the parking area and buildings, the southerly and easterly side yard lot lines would be screened by privet hedges, effectively blocking the rear part of the premises from the abutters to the south and east. Applicants note that the northerly side yard lot line had screening that was planted by the northerly abutter, who also had received similar relief from this Board for commercial storage and warehousing use and more recently for retail space. The property to the south also contained a commercial vehicle repair service shop. The property was located within a substantially developed commercial area and the uses were consistent with the development of the neighborhood. All required parking spaces would be provided on site and the loading zone would remain substantially in its present location and would be conforming as to setback requirements. 5. Applicants explained that they also sought new relief pursuant to Nantucket Zoning By-law Section 139-9B(2)(a) (Light manufacturing) to allow the on- site manufacturing of stone vanities, countertops and the like. The Board questioned whether the noise produced during that kind of manufacturing would create a negative impact on the residential structures in the area. The Applicants stated that the process employed to shape the stone was generally quiet due to the water lubricated saw blades used in the cutting. Applicants stated that they had been operating from the site for the past two years and during that time they had never received a noise complaint from neighbors. However, the Applicants agreed to certain conditions to mitigate any negative impacts that are contained below in Paragraph 7, even though no such conditions had been imposed in the original Decisions. Applicants stated that it has been Board of Appeals practice for several years to grant relief for such contractors' shops under Zoning By-law Sections 139-9B(2)(a), (b) and (c) and not just under (b) and (c); but at the time the Board generally felt that it was not necessary and issued relief under (b) and (c) and not (a). 6. Therefore, based upon the foregoing, the Board finds that the Modification of the Decision in BOA File No. 081-94, as modified in the Decision in BOA File No. 012-99, resulting in the elimination of Condition "b" in Paragraph 6 of the latter Decision in its entirety to allow outside storage of goods and materials as proposed, would be in harmony with the general purpose and intent of the Zoning By-law; and allowing the modification of Condition "d" in Paragraph 6 of the same Decision in order to allow substitution of new Exhibit A-I, that would accurately represent the existing conditions on the site and the restoration of properly screened outdoor storage of goods and materials related to the contractors' businesses, would be in harmony with the general purpose and intent of the Zoning By-Law and would be in keeping with the [mdings in the previous Decisions. Additionally, the Board finds that the addition of relief under Zoning By-law Section 139-9B(2)(a) (Light manufacturing) would not inherently be in violation of Section 139-7E(4) of the Zoning By-law and would be consistent with similar relief granted in the neighborhood to several property owners. 7. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested MODIFICATION of the SPECIAL PERMIT relief granted in the Decision in Board of Appeals File No. 081-94, as modified in the Decision in BOA File No. 012-99 as proposed, with the substitution of a new Exhibit A-I and restoration of properly screened outdoor storage of goods and materials; and further GRANTS by a UNANIMOUS vote, the requested additional relief by Special Permit pursuant to Zoning By-law Section 139- 9B(2)(a) (Light manufacturing). The relief is hereby conditioned upon the following: (a) The improvements to the property, such as location of structures, parking, loading zone, outside storage area and provision of adequate perimeter screening, to be planted and maintained, shall be as substantially shown on Exhibit A-I; (b) Outside storage shall be limited to stone and stone products with such storage limited to no more than six (6') feet in height and solely in the location as indicated on Exhibit A-I; (c) There shall be a maximum of three (3) tenants occupying the Premises; (d) Commercial hours of use of the businesses shall be limited to no earlier than 7:00 A.M. and no later than 7:00 P.M., Monday through Saturday, with no commercial use on Sundays; and (e) There shall be no long term trailer storage on the Premises. Short term trailer storage shall be allowed only in trailers duly registered with the Commonwealth of Massachusetts. 8. In separate action, by a UNANIMOUS vote, the Board also approves Exhibit A-I as required for site plan review pursuant to Nantucket Zoning By-law Section 139-23. Dated: April 2 ~ 2006 "ZONING CLASSIFICATION: 1:2 ;C;.:-~. lAIN. ARfA: _ . .p:Q9P. ?:0 - . lAIN. FRONTAGE: , -:'1: q Fr... . . . FRONT YARO 5_8.: . ~Q r:-r.:. . REAR de SlOE 5.B.: , . s: F:7.: - - GROUND COVER (~): ....5:Q ';'/.. . . EXISTING: .I.!? q 9.0, *: .!? -,F; .:?~~_ F?/.,41;(_ €. R -I .. . . . . . . . . . I. ~ J1)(J -' ()3CJ~{t2 \ Jl-i Q ~ r,S .3 - :;, 1- "-If: l'(_~_ &: c;.~_ O:JONA ~ (f'h 6w 150.002!::: ' ~ I <<II ,I IsJ Il2 III ~ ~ fl! 1 '< If) ~ \9 . ~ ~ ~ ~ ~ ~ '\ ~ GA~^G,e- .sHOP G. C. = Ze"f-t;::t: SP. 1, (C_p.$) . r---r , qO 1IC)<: ~ :. 0(:) ~ eo' ~ iU _?-!~?-- - I I GroveZ IQ i~ I ' 1 I", lie) 11'01 J I ~I ~I I ,Drl've ~ f{l tQ Q '\ ~ o < j -3T~ w/r OPPIC~ G.C_ :.50t.~:~; \ , , , <>il 15 o. ori-J!Jerf fJ--e-.~r 1$1 --V - I (;,;'-3'" n-/f' r-OJ'eTY,EIGHT NO.B.APteliS R. LLC I "'I I lc)1 ! I ! ~;eo.!:.E-sIOP ;<;tc:"-OCAT'ON GROLJN~ Sf'AC/ff: COV~~ICD 13>' -BUILDINGS, ?AIt K.IHr#-, DRive & ^,OAD/HG 7-0N~ = .93Z0xS.r: OF't5H Sf'A CE= Z<p60 ~ 112.000 = 22 D/~ ~ ,~~\~- ~r~,<-,,;;/- '----",.8-f.:~ t;.:f/' CHARLES,\~_: -I /1 w~~ ,1 g r HART :::1 i~, "j, 1\ N~ 32489 ;; .\\ 0 -?, <::> "\',~..",''f'.,GISTt-'?-~'V,,'' :.~..<J~S/,~_ ~<<:-. -i: ,:J:'Al L~N\) '" . . "'';;;~::~~,=f*'" I CERTIfY. JS Of : . :1: -:9.-(J.y>. . . . THAT THE BUllOINC(S) IS/AAL LOCATm ON THE ~ JS SiHOWH HfRfON. (!4flA -{))1HAJ/ PROFESSlOHAL LANO SUIM:'fOR BUILDING LOCATION PLAN OF lAND IN NANTUCKET, MASS. J'tey_ ~-I-4-0<O SCALE: ,.. Z~. DATE: J;A.N. 3,200" ~e..._ "1-'s-OG Owner: ~~-1-~.U~."1'.C.R.o:W:I-:~:>:<!<-. . . . . ,E1o-/Z-A-B/C7"H Q,~HNA./f!,O ^-OT7' Deed: ~..C'. C.~~:r..~/~~.f Pion t.,.(:..f:1-~1-?-.J.i Locuw ';J-<; .l'(o..8,A..D~,e,11; 'f"~~M ~91-:P. . THIS PLOT PlAN WAS PREPARED fOR THE TOWN OF NANnJCJCET 9UI.DIHG OEPAJmIDIr ONlY AND SHOUlD NOT BE CONSIDERED A PROPERTY LINE SUlMY, THIS PlAN ~ ~ JiisTO ~~HP~. .~ ANY ANCtUARY STRUCTlJRES ON TI-fE PREWISES. THE PROPERTY lINES SHOWN RELY ON CURRDIT DEEDS AND PU\NS OF RECORD. THIS PLOT PlAN IS NOT A CfRTIFlCATlON }.S TO TITLE OR OWNERSHIP Of THE PROPER'TY SHOWN. OWNERS OF ADJOIHIHG PROP[R1lf'S NIE SHOWN ACCORDING TO CURRENT ASSfSSOR RECORDS. ASS(SSOR t.W': . ~~ . . . PARCEL: :3/7. e:\JOIS\CWIt\tL1 .- CHARLES W. HART & ASSOCU.TES, Inc. SANFORD BOAT BUILD!NG 4.9 SP ARICS 1VD1U1 NANTUCKET. lUSS. 02564 NOT TO BE RECOROiO, (508) 228-8810 H-" 903 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 ofthe NANTUCKET ZONING BOARD OF APPEALS will be held at 12:00 P.M.. FRIDAY, MARH 10,2006, IN THE CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: SEAMUS M. CROWLEY AND ELIZABETH GENNARO BOARD OF APPEALS FILE NO. 030-06 Applicant is seeking a MODIFICATION of the SPECIAL PERMIT relief granted under Nantucket Zoning By-law Section 1 39-9B(2)(b ) and ( c) in the Decision in BOA File No. 081-94, as modified in the Decision in BOA File No. 012-99. Applicant is seeking to modify condition "a" in Paragraph 5, by substituting new "Exhibit A-I" that would accurately represent the existing conditions on the site and a change in the location of a handicap access ramp to the front of the office building and within the required front yard setback area but said ramp would be exempt from setback requirements; and the restoration of properly screened outdoor storage of goods and materials related to the contractors' businesses as permitted in the Decision in BOA File No. 081-94 and restricted in the Decision in 012-99. Applicant is also seeking new relief by Special Permit pursuant to Zoning By-Law Section 1 39-9B(2)(a) (Light manufacturing). Applicant states that it was an omission on the part of a predecessor in title when the original relief was sought as it has been practice for the Board to grant relief under Section 139-9B(2)(a), (b) and (c) and not just (b) and (c) to allow contractors' shops to operate. All of the required parking spaces would be provided on site as well as the loading zone. The Locus conforms to all dimensional requirements of the Zoning By-law. The Premises is located at of 46 NOBADEER FARM ROAD, Assessor's Map 69, Parcel 35. The lot is shown as Lot 7 on Land Court Plan No. l4342-H. The property is zoned Residential Commercial - 2. cf1D~. ~JAAD Dale Waine, Chairman ~ THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMA TI ON. NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 CASE NO. 6Jfo~ FEE: $300.00 APPLICA nON FOR RELIEF Owner's name(s): Seamus M_ Crowley and Elizabeth Gennaro 18 Daffodil Lane, Nantucket, Massachusetts 02554 SAME Mailing address: Applicant's name(s): Mailing address: Locus address: C/o William F_ Hunter. Esq.. Sarah F_ Alger. P.C.. Two South Water Street 46 Nobadeer Farm Road Assessor's Map/Parcel: 69/35 Land Court PlanIPlan Book & Page/Plan File No.: LCP l4342-H Lot No.: 1 Date lot acquired: 08/11/2004 Cert_ of Title: 2l.365 Zoning District: RC-2/MFOD Uses on Lot - Commercial: None X Yes (describe) Fabrication of component construction parts/office Residential: Number of dwellings: N/ A Duplex _ Apartments_Rental Rooms Building Date(s): All pre-date 7/72? NO or C ofO(s)? Yes Building Permit Nos: #12037-95, #1200-01 Previous Zoning Board Application Nos.: BOA File No. 081-94 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: PLEASE SEE ADDENDUM, A TT ACHED HERETO I certify that the info knowledge, under the d herein is substantially complete and true to the best of my ies of perjury. SIGNATURE: William F. nter, Esq. -_ Applicant Atto ey/A ent: X FOR ZBA OFFICE USE ( ~ I ~( / Application received M: il .f/i. By: ~~comPlete: - ~Need 4 FiI~~o'&)cletk:C1.~~.--'~_BU" mgDept.:__ By: Fee deposited with Town Tre",nrer: ~41BAL~waiVfr -e~:sted?: _ Granted:_/ -"_ Hearing notice posted with Town CI~~ailed:~ ,LAQl&M:~ a:f& zY~cJtO - --- 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 Nantucket Zoning Board of Appeals Application 46 Nobadeer Far.m Road of Seamus M. Crowley and Elizabeth Gennaro 46 Nobadeer Farm Road, Nantucket, seek (Applicant), owners (1) a modification of the Special Permit issued in BOA File No. 081-94 pursuant to Nantucket Zoning By-Law Sec. 139-29 E. (2) (Board of Appeals Powers) to permit on-site uses pursuant to Nantucket Zoning By- Law Sec. 139-9B (2) (a) (Light manufacturing) and to allow the substitution a new Exhibit "A" reflecting the current improvements on Locus as well as an accurate parking plan; and further seek (2) a Variance pursuant to Nantucket Zoning By-Law Sec. 139-32 to allow the construction of a handicap access ramp within the front yard setback. Locus is located in the RC-2 Zoning District, the Multi- Family Overlay District and the Public Well Recharge Overlay District under the Nantucket Zoning By-law (the "By-law"). The Premises is improved by a one (1) story wood frame garage-shop with a ground cover of 2848+/- square feet, built pursuant to Nantucket Building Department Building Permit Nos. 12037-95 and 1200-01, and benefited by Certificates of Occupancy of the numbered 12037-95 and OP-2004-0368, respectively, and by a one (1) story wood frame office with a ground cover of 724+/- square feet. The Premises is conforming as to lot area, containing about 12,000 +/- 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 structures improving the Premises have a combined ground cover of about 30% (29.75%) or 3,570 +/- square feet in a Zoning District that allows ground cover of 50% for conforming lots. The existing structures conform to all other requirements of the By-law, including front, rear, and side yard setback. Locus is further benefited by a Special Permit duly issued by the Nantucket Zoning Board of Appeals in BOA File No. 081-94. This Special Permit was issued pursuant to Nantucket Zoning By- Law Sec. 139-9B (2) (b) (Storage and Warehousing) and Nantucket Zoning By-Law Sec. 139-9B (2) (c) (Fabrication and assembly of wooden components parts for off-site construction or use) to allow (a) a building to be used for the storage and warehousing of carpentry-related materials, tools, equipment and vehicles and the fabrication and assembly of wooden component parts for off-si te construction or use; and (b) the outdoor storage of carpentry-related materials, tools, equipment and vehicles. Said Special Permit also recognized that Locus was to be further improved by a duplex dwelling and a garage. Exhibit "A", attached thereto, shows a "Duplex 720 s.f.", a "Garage 792 s.f.", and a "Shop 3100 s.f." Applicant states that the Premises will not be occupied by more than three (3) tenants at any given time. Applicant now wishes to have the Zoning Board of Appeals modify the above referenced Special Permit pursuant to Nantucket Zoning By-Law Sec. 139-29 E. (2) (Board of Appeals Powers) to (I) permit on-site uses pursuant to Nantucket Zoning By-Law Sec. l39-9B (2) (a) (Light manufacturing) and (II) to allow the substitution a new Exhibit "A" reflecting the current improvements and uses on Locus as well as an accurate parking plan. Applicant also seeks a Variance pursuant to Nantucket Zoning By-Law Sec. 139-32 to allow the construction of a handicap access ramp within the front yard setback. The currently existing handicap access ramp is located wi thin the layout of the driveway and Applicant is concerned with its location given the commercial uses of the Premises. Applicants' 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.) 2848 s.f. 1332 s.f. Requirement "c" Warehouse 1/900 s.f. 1/200 s. f. Cal. 3.16 3.62 Space 3 4 "c" Offices Required Provided 7 7 Sec. 139-20 Off Street Loading 1 1 t~~\eY I bt:YlV\~Gb (hi1Q(01L -\\1Qlcl3~ 4~ v1D~A~E:GQ ~Q'N\ \Ll>tJ.~ I'i fr1tihq ,,~ - --~---- .. -It' ~ ------- , . ,;rJ ~4P t ~~ ~.. J P/l'W SfJ/ ~ ~ 4 I ~... '~i- (1~.j( ~ltl ~'. "" r4flCtJ-. .)~( ...'~ PtA(~t$ ;.J~ .1' d ~ V ~I~b-'- 4- 76 'I ~lfl __4 ~!} 110ft '/ / ~r~ ~r-~- ~=-_f!.~" ;'J-.)~ . ~J/I " - 8- ,,,6 · - I ,,-q 111'J' it'll- ~A ~ ------ . ~o..I.... .".. _ 1ft!; . iL_ :u6,.a'J · I I 1!t~-:. ii~-~: _::-~~_o:;~1I : ~~!~ --;:-' \ "o'i 10 If II I ..iB!'. - 'fJl'. AJ.JJ _/U · fj--...----.... - .- .M!Y 6 ". JI ~~(:~U ~~--=- ~>>- 11/-6 . - .lItz. - ~oR /. - .Z-IO _;Ii~-i'_ ~>>-....'~~) ,ir--.- -~~ ..2'"..11. -. -. ~.. .ML.~-.-' B~~ ~6 · _~~ ''La .--'-/~ _.~13___'._ ;tl~ 9 f llIcd ~ i1'~ '11. .u~ I 'It- .-- ..idS. . ;llfll - " -:- - - 'I ,. eft. ,.If e II .-~ ~ j;-~:_-."-- ----- -.-- '!"" r I 1" 98,000. " :J \ ! I \ I I J I i I i ,Ac. 1 , l I i i j J 1 .I j , j I I j J i ,..i :l " ',,1 ^, '~...j * \t-"'~'" Qr":: ., ~~~~ .. " ",,1-- 0qC:> fHE INNAB"ANTS Of THE TOWN Of NANTUCKET NANTUCKET MEMORIAL AIRPORT 78-1 - ,.-- THE IN HABITANTS Of TNt M' . It-I All- '1 ~~ +/ THt I"HAIITANTS Of THE TOWN Of NAN NANTUCKET MEMORIAL AI""OIlT 78-2 rl' ",..,\-'" I ZONING CLASSIFICATION: ~;~.:",!C. MIN. AREA: . . .p:C?9P ?:0. . MIN. FRONTAGE: . -:1: q . r=:r.:. . . . FRONT YARD S.S.: . ;::'Q 1"':7.7. . REAR at SIDE S.B.: . . s: F?7.:. . GROUND COVER (~): ...!J.Q ~/" . . t>VeVI~e L~) ... ... ... . EXISTING: ,(~q9.o. ~.;5-.J=: ~~,fC. f?'-c4':-t. \ J1-C Q ~ 1 1<)1 .1 \91 fO' .J3 - :3.-f 11-/ f: l'?./<;_ & G.I<J, OSONA 1.50.00 1 . 1'0/' ,I \31 1 GravEd I iC J~ I I ";1 Q, ex' I i;- II() I... j ~---- I!. I ~'~I~1. I ~ I ~ I~ II Dn ve 'le) "-~4;'1 I ~ I , ~ ~ 5' q <C' , , '<( I) lCll: 011I "), '< r _2:?J: _:-~_ I .1---] t' I< I I; .; I 0,.'/ "ll '\0/ , / '/ , / ~ ~ ~ ~ GA.RAG.€ - 051-(0]'> G.C_:: Ze"'1-<:;:t: SF: (c_b.s) _?-!~a._ r--i c( ~ tl! Q '< ~ o ~ .-~~~~- I~ ~ - . . If?:: - j : 5 ! ~ ~ V.lO lI, .1 o 'If' I III () (jl ::> C) 'tt ~ c) I ~ Q;) <I) -< \9 . ~ ~ ~ .: : , , -~ \ _. ...t ;2~ I "'i 1,)1 I roJ,!/50.00 \91 I (4;j-,3C;; n./~ FOI'i!.TY JC'IGHT NO-BAPR:IS 1'<- LL.C BUILDING LOCATION PLAN OF LAND IN NANTUCKET, MASS. THIS PLOT PU.N ~ PREPARED FOR THE TOWN OF NANT1JCKET 8UlLDIHG DEPARTMENT ONLY AND SHOULD NOT BE COHSfDfRED A PROPERTY LINE SURVEY. THIS PLAN ~O NOT BE USDLTO ESTABUSH PROPERTY UHf'S. FENCES. HEDGES. OR AN( AHctt.iARY STRUC7URES ON THE PREUISES. THE PROPERTY UNeS SHOWN REI.Y ON CURRENT DEEDS AND PLANS OF' RECORD. THIS PLOT PlAN IS NOT A CER11FlCAOON J.S TO TITLE OR OWNERSHlP OF' THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT J.SSESSOR RECORDS. ASSESSOR MAP: . rq~ . . . PARCEL: .;3/Y. . . C:\JOIS\CW~.lf SCALE: ,". ;?!5" DATE: JAN. 3,,2006 Owner: ~.If"!-I:".V~.II1'. c.R.o.VV: ^:~::( <f<-. . . . . '€/-/'i!:ABJC:,H (j/:."HN'A/li:.O -LOT?' Deed: ~_.c: c/~!t:r..Z./~~.!( Plan /.-.C..f~~1-'?---.;-( Locus '1-t;; ./'(qB:"\.D~F.fi; F~~0. ~9~:P. . CHARLES W. HART & ASSOCIATES, Inc. SANFORD BOAT BUILDING 49 SF ARKS AVENUE NANTUC1<ET, lUSS. 02554 (soa) 228-8810 H-G903 NOT TO BE RECORDED. 11) . ~VJ N I" tD Q d z r- z UJ ~ :":) o o t::~, In ~ N ~ 0+ 'E O. ..... !V zt'L t- Z d W \J ~ \j ::) (1.. gv0 c .~ ~:j .:: t( .1:1 a:: Iiiit ~ E ~a .!! SQ ~ ~ at IJ':) _ a: IN 0 ~ _ :z ~ (J ~ ~ 9 'a' In ~ ~ > ':.. UilO ~ o- w a: S~t\~ \ ~"r IX. ~ ~ ~ tn ~ ~ d z w 5 u: Ii LU U Z o o ~ iI! z z Ii E oJ/; . .." .. ~ 1 . .1 'P." .' I- TOWN OF NANTUCKET 0672a5 BOARD OF APPEALS NANTUCKET, :MASSACHUSETTS 02554 Date: December /1' 19 94 To: Parties in Interest and_ Others concerned with the Deciaion of the BOARD OF .APPEALS in the Application of the following: Application NO.: 081-94 Owner/Applicant: PAUL BRUCE KILLEN FOR HIMSELF AS CONTRACT PURCHASER AND MARY ANN EGAN, OWNER 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. ~).;/ -/ ' ;' Cl ({i, u- .1/ ) . W. Waine : Chairman cc: Town Clerk Planning Board Building Commissioner . ~ I \ 067235 Map 69 Parcel 35 RC-2 46 Nobadeer Farm ~oad L.C. Plan 14342-~, Lot ~ Cert. of Title 6391 At a Public Hearing of the ZONING BOARD OF APPEALS held at 1:00 P.M., Friday, December 9, 1994, in the Selectmen's Meeting Room in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of PAUL BRUCE KILLEN, 36 1/2 Cliff Road, Nantucket, Massachusetts 02554, Board of Appeals File No. 081-94, the Board made the following Decision: 1. Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law ~139-9B(2) (b) (storage and warehousing) and Nantucket Zoning By-Law ~139-9B(2) (c) (fabrication and assembly of wooden component parts for off-site construction or use). Applicant proposes to construct a buildins that will be used to store equipment, materials, vehicles and other related items in connection with the operation of a carpentry business. The Lot will also contain a garage and duplex structure. , - - The premises are located at 46 Nobadeer Farm Road, ~~sessor's Map 69, Parcel 35, as shown on Land Court Plan 14342- ", Lot~. The property is zoned Residential-Commercial 2. 2. The Decision is based upon the Application and materials submitted with it, the testimony and evidence presented at the Hearing and the favorable recommendation from the Planning Staff. 3. Applicant represented that the 2roposed commercial building would be used for the storage of materials, equipment, tools and vehicles, the fabrication and assembly of wooden com~onent ~art~ for use off-site, and related office uses in connect1on with Applicant's carpentry business. Applicaht's business also requires outside storage of materials, equipment and vehicles. A e arate ara e is ro osed for the stora e of vehicles and a duplex dwel 1n un1t 1S also 1 ned for the property. Applicant r er represente t at A~plicant wil pr~v1de the required off- street parking and that there were several commercial businesses in the immediate area. 4. Accordingly, by unanimous vote, a SPECIAL PERMIT was GRANTED under Nantucket Zoning By-Law ~~139-9B(2) (b) and 139-9B(2) (c) to allow (a) construction of a building to be used for the storage and warehousing of carpentry-related materials, tools, equipment and vehicles and the fabrication and assembly of wooden component parts for off-sice construction or use; and (b) the outdoor storage of carpentry-related materials, tools, equipment and vehicles; subject to the following conditions: ,. 067235 A. The proposed construction on the premises shall be built substantially in accordance with the Site Plan dated November 5, 1994 and marked S~l, prepared by William Martin McGuire, Architect, for Mr, Bruce .Kill_en; B. No construction or fabrication activities shall be conducted outside any structure on the premises between the hours of 7 P.M. and 7 nA.M.;: . /~\ 1\,\ 4Y0'- rn CL l''flJ~/.(AL# i.LJ 0 L~v fIl-l ) .Applicant shall install a vegetative buffer five feet -(S') wide along the rear lot line of the premises; and c. Applicant shall provide adequate screening from public view of materials, tools, equipment and vehicles stored outside on the premises. Dated: December ~, 1994 D. J~ RECEW,EO OFFICE:: TOWN CLEER;< ~ A. 02!if,4 NANTUCI< . DEe 1, 9 '\994 "\ u'S ___.......- .--...-.- . " I - __----- TIME~~- CLERK,..--------- -,- --- r' JI,' '.(...., r, I. t:'-:O;~'\ Tl':F f.;r..CiS'i(;>' I Ctm~F':_ -w:~;~'~-; ~,;_'::;'::'~::>/-::;:'::: '~J,'C'_;~~:::,~.' ,,',~\ ':\:\:; "i'r.SF\llD\I~ \,",~,. ':,-._ . ,\ r":''';''-\'\\''\.;ci;::;\,,,-\J,~v V~ I r"" .'~i-'.,1 I:ILLD \'.-f',.;.)vh.'j J ~1(1 ~,l)l.,~.(\t ""'ii""':" \~~:.~I~ I I \- '';0;'': S~ClIGN \ 1 row<< cLfRK , ,.':, ; ,',. 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"V,'... .,..-..-.;-.....- . ....., ......... ..\..-. " :Ld~-,.7.~5i..:..~_=.. .... .... " ..-.' . .. ._. __ _.' .........."_ _' ........_ .'___ _ ...__.n'.' ...... , \' . , ;''f r ",\f --.....':>1, i"' , ~~ n, ;' -'I I cr< . (l .... ,. ... .~.,~. ..-...,_... . ..~~.:~? "<<'tIftI.,...~kft;~....s_...i""..:.'. .,'i'l,'~...\.~.:.:...,'.... '''-I'',;-~' .>;","-\'.'.. "'", ';'. .. ;: (' 6 x 6 CWAR J?QIT ,\,/ / E>t VELtD tDGU ~J ! .~ I 1,,-. 'l.' :'1"1'['111 ~:~ lili: \111 ~ \ ~lU~lU:" ~RiU' l~r' _,_h, j t\' \1 II II Il}1 I-Ill it . r _'~l_ i tlll- ',-11 '" I ,j , '! j Lit I I .Ft . "..ttJ _.l.l......i.l..Jt l~ .,..' _JLIL.iL .,.lLJ- -""-_,,-,_L _.j " _.....~.-..............'......-._...":'.,.-"'._..--............. ...,~.. .. \ .-.....-....... '.. .........'.... .....-.- .. - i ~:J o o " - ," .' . t ^ . ' ," ' . ~' " ': ;", ~ '-~ , Sarah R Alger E-Mail sfa@nantucket.net Sarah F. Alger, EC. Attorneys at Law Two South Water Street Nantucket, Massachusetts 02554 February 7, 2006 Siasconset office 97 Sankaty Road Siasconset, Massachusetts 02564 Telephone (508) 257-6000 Facsimile (508) 257-6010 Please reply to Two South Water Street Alison Sweet Zieff E-Mail asz@nantucket.net William R Hunter E-Mail wfh@nantucket.net Telephone (508) 228-1118 Facsimile (508) 228-8004 BY HAND Linda Williams, Administrator Zoning Board of Appeals Chestnut Street Nantucket, Massachusetts 02554 RE: Seamus M. Crowley and Elizabeth Gennaro 46 Nobadeer Farm Road Nantucket, MA 02554 Modification Request: Special Permit BOA File No. 081-94; Variance request: Handicap ramp wlI setback Dear Linda: On behalf of Seamus M. Crowley and Elizabeth Gennaro, owners of the improved property located at 46 Nobadeer Farm Road, enclosed please an Application for Relief, with three counterpart copies attached thereto, as well as a filing fee check in the amount of $300.00. Mr. Crowley and Ms. Gennaro's predecessor-in-title was granted a Special Permit in BOA File No. 081-94 permitting a then-yet-to-be-constructed building to be used for storage and warehousing and fabrication and assembly of wooden components for off-site construction or use. Mr. Crowley and Ms. Gennaro now wish to have the Board modify this Special Permit to allow light manufacturing in addition to the permitted uses and substitution of a new Exhibit "AU accurately reflecting the on- locus improvements, parking and loading zone Sarah F. Alger, EC. Further the Applicants seek a Variance to allow the relocation of an existing handicap access ramp out of the driveway and into the front yard setback. Please mark this matter for hearing at the March, 2006 meeting of the Board of Appeals. Please feel free to call me with any questions or comments that you may have for me with respec to this application. WFH! Enclosures s . Hunter .,1 ef {; ,nO Town of Nantucket ZONING BOARD OF APPEALS RECEIVED BOARD OF ASSESSORS DEe - ~ 2005 TOWN OF NANTUCKET, MA , (~ LIST'OF PARTIES 'IN INTEREST IN THE MATIER OF TIlE PETrrtON OF- . . (')O/\\I\f"\'\S)/\I\'C,~ \0- ~I:Dx~~Geflf)OfO PROPERTY.O~ER"'::>'~'i'~''ri. ...\.~.J.~jI..l.-d.J)'J.'o-r-O'~"::""''-T-' '., MAILING ADDRESS............ ..............;:.......... .... ............................. . PROPER.TY LdcAT10N... ..~.!R.. ..NQ.b.o...d.~L..fu:r.\ML.. ~ ASSESSORSMAPIPARCEL. ~....G.:J.....11cg;:J...Q..5... APPLICANT......0.i.. t.\.... .H. .t.-?~................................... ... SEE ATTACHED PAGES I certify that the .foregoing is a list of persons w~o are owners of abutting property, owners ~f land directlv opposite on any public or private street or way; and abutten of the abutters. and all other land owners within 300 feet ofth~ property Iirie of owner's prop.erty. all as they appear?o the most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139. Section 139.290 (2) .' . ..~1.131..gt!.q,~ oj ~.(?~ DATE' ASSESSOR'S OFFICE Town of Nantucket . , , .-< :Hl~ ~~~~ ~~~~ g ~~~~~~~~~~~~~:::::::~~~~~ ~~~2 ~ ~ ~ : : : ~ : ~ : : ~ ~ t ~ ~ ~ ~ ! ! ! ~ A A A ~ ~ ~ ~ : : : = ~ o OOfllrl1Il110M:iIll1MOOO"''''''''''IICIIC.SaaaOIl/lIllJII.JI1MMiot ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ; ; ~ ~ ~ = = = = ; ~ ~ ~ ; ~ ~ ~ ~ ~ ~ = ~ ~ 0 0 ~ ~ ~ 0 ~ ~ ~ ~ 0 0 0 g g g g g g g 0 ~ ~ ~ 0 a = = ~ ~ ~ ~ ~ ~ <00 co N..IDOOOOtllCO....r--:2:a:<o...== I to MMLt'lM....NON'IfICDMMM t""I.. 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