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HomeMy WebLinkAbout029-06 TOWN 'OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: Ihf)}~ '2\0 , 200eo To: Parties in Interest and. Others concerned with the " Dee1s lariat the BOARD O~ APPEALS in the Application of the following: Owner/Applicant: o 29~Co' ~(AN\ ~ - ~1'CJ0~.efJ Application No.: 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 necision must be given to the Town Clerk so as to be received within sueh TWENTY (20) days. ., ~'~~""""'~,.., g ", . /,,". ~ W"'\ . ^" Ii c~trman ~ \.:A.-\J , '--l.( C W " ro' ~:., -0 , N (f1 J::lo, ~:o rrl ee: 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. ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 Map 69 Parcel 29.4 (westerly portion) Residential Commercial - 2 14 Nobadeer Farm Road Lot 68, LC Plan 26984- V At a public hearing of the Nantucket Board of Appeals held at 12:00 p.m., Friday, March 10 2006, in the Conference Room of the Town of Nantucket Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of JOHN F. TRUDEL, of 11 Mizzenmast, Nantucket, MA 02554, Board of Appeals File No. 006-06, the Board made the following Decision: 1. Applicant is seeking a MODIFICA nON of the SPECIAL PERMIT relief granted under Nantucket Zoning By-law Section 139-18 (Parking regulations) and under Section 139-20 (Off -street loading facilities) to allow parking and a loading area for a proposed retail establishment to be located partially on an immediately adjacent lot in the Decision in BOA File No. 006-06. Applicant is seeking to modify condition "a" in Paragraph 5, by substituting new "Exhibit A-I". Applicant was required to provide a second means of egress to the apartment above the retail store which required that the building move in a northerly direction so as to meet setback requirements of the new set of stairs. Applicant is asking the Board to approve the new site plan under Site Plan Review in Section 139- 23. No further relief would be required. Five conforming parking spaces would continue to be provided on site with the sixth being provided partially on the locus and partially situated on the immediately abutting parcel (shown as Lot 71 on Land Court Plan No. 26984- V) to the east by permanent easement along with the loading zone. The Locus conforms to all dimensional requirements of the Zoning By-law. The Premises is located at the corner ofNobadeer Farm Road and Sun Island Road and is shown as the westernmost portion of 14 NOBADEER FARM ROAD, Assessor's Map 69, Parcel 27.4. The lot is shown as Lot 68 on Land Court Plan No. 26984-V. The property is zoned Residential Commercial- 2. 2. Our Decision is based upon the Application and accompanying materials, and representations and testimony received at our public hearing. The Planning Board made no recommendation as the matter did not present any issues of planning concern. There were no abutters on file and no abutters speaking on the matter at the hearing. 3. Applicant, through counsel, represented that the property was benefited by a previous grant of Special Permit relief in the Decision in BOA File No. 006-06 which allowed a shared parking, loading zone, access and aisle width with the immediately abutting lot to the east that were required in conjunction with a proposed new mixed-use structure, that would have one retail establishment on the first floor and one apartment on the second floor. Due to the necessity of provision of a second means of access for the second floor apartment, the Applicant was required to move the structure in a northerly direction a few feet in order to accommodate the exterior stairway on the rear of the structure so as to meet the five-foot rear yard setback requirement. Applicant is now seeking to modify the original Decision in order to substitute a new Exhibit A-I to show the relocated structure. All other aspects of the site plan approved by this Board in the previous Decision would remain as shown and all previous conditions would be adhered to as stated. 4. Therefore, based upon the foregoing, the Board finds that the substitution of the new site plan would be in harmony with the general purpose and intent of the Zoning By- law. The new site plan would not create any new issues that would have a significant adverse affect on the scenic integrity of the neighborhood and that would be contrary to sound traffic, parking or safety considerations. 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. 006-06 to allow the substitution of the new "Site Plan of Land", dated December 28, 2005 and revised on February 14,2006, a reduced copy of which is attached hereto as Exhibit A-I. The previous conditions contained in said Decision that were not modified herein, are incorporated by reference and remain in full force and effect. 6. In separate action, the new Exhibit A-I was approved by a UNANIMOUS vote of the Board under provisions for site plan review set forth in Nantucket Zoning By-law Section 139-23. ~..G:ill )fu~ Dale Waine '-' Dated: March 23 , 2006 C. Richard Loftin .D CJ v0 ~/ (,J &tell- Nancy J. Sevre ~ ~ lW Z----'-:fiCt ~ ! , j '~"h",~ ""'.......... ! 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Jensen, PC, P.O. Box 3097, Nantucket, MA 02584 Applicant's name(s): Same Mailing address: Same Locus address: 14 Nobadeer Farm Rd (portion) Assessor's Map/Parcel: 69/29.4 (portion) Land Court Plan/Plan Book & Page/Plan File No.: LCPL 26984-V Lot No.: 68 Date lot acquired: 11/04/2005 Deed Ref.lCert. of Title: 22008 Zoning District: RC-2 Uses on Lot- None - vacant land Building Date(s): All pre-date 7/72? Building Permit Nos: Previous Zoning Board Application Nos.: or C of O(s)? ()J(b- oCo 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: See Exhibit" A" attached hereto and made a part hereof. I certify that the information contained he in is substantially complete and true to the best of my knowledge, under ain~d ~ti of perjury. , SIGNATURE: ~ r Applicant Attorney/AgentK (If not owner or owner's attorne , please enclose proof of agency to bring this matter before the Board) ~ FOR ZBA OF CE USE Application received on:~/ ~ By: (Jl ):;' V ..> Complete: f ~ Need copies~ _ Filed with Town Clerk: 2J 6 10 (Rilann~~. _/ _/_ Building ept.: _I ~ _ B~~ Q::) Fee deposited with Town Treasurer:M~y: Ct;~aiver requested?:_Granted:_I_I_ Hearing notice posted with Town Clerk:.2fZ1t@fiMailed:.2P..Z <(.tiJa&M:U3r::KQ& 3 1~/d & Hearing(s) held on:_I_I_ Opened on:_I_I_ Continued to:_I_I_ Withdrawn?:_I_I_ DECISION DUE BY: 1 1 Made: 1 1 Filed wITown Clerk: 1 1 Mailed: 1 1 --- --- --- --- DECISION APPEALED?: 1 1 SUPERIOR COURT: LAND COURT Form 4/03/03 Addendum (Trudel Special Permit Application - Portion of 14 Nobadeer Farm Road) Applicant is seeking a Modification of SPECIAL PERMIT relief granted in the BOARD'S Decision in BOA File No. 006-06 to the substitute a revised Exhibit "A" that shows building relocated and with an exterior stairway required by the Building Code, The Locus conforms to the lot area and frontage requirements of Zoning Bylaw, with the Lot containing about 5010 square feet of area in a district that requires a minimum lot size of 5,000 and having 100,22 feet of frontage on Nobadeer Farm Road and 50 feet of frontage on Sun Island Road. The Locus is unimproved and vacant. The Premises is located at corner ofNobadeer Farm Road and Sun Island Road and is shown as a portion of Assessor's Map 69, Parcels 27.3 and 27.4, Lot 68 on Land Court Plan No, 26984-V, The property is zoned Residential Commercial - 2 and retail and dwelling uses are allowed by right this district. / 01:'" 1''' J-Il. .LlI04I1Y 1 YIHOIUIII llMOIU-NYN J.NYN JO NMOl :aHl,j() SlNYlItYNNI iIll 1-1l. lHOdHIY nlllOlIIJIlLJN:lIWIYH .13NOtUHYN JO HMClL 1Ml dO lUIIYJl8YHNI 1MJ <1al' ~ .'(,;\'1-> J(-l iJt'jl t. '" ~ "~.'1." \~\ ~ .0 SlH\Il.IIYH HI 1M.. ":ly./t01 ,.S ":lY" Ill' __J ..." l. \ ! I I I. I t . \ ................ ......... .........,...........,.,.,.... NOBA.DCCR. FA,R-Iv? ...-..~.-._-.... LOT 68 >- z LCP # 26~84.V .....-..-.-.--.-........-..---.-.. R.OA,D f / (J) c::- ~ ~ Ul -< ~ ~ f.!N~ rn 0;: :I r u;;;,. ril OzO r lJl 2~; rn 6~::jl:~ ~ z ~\n?(nI 'v '{:. :. 6;,... ....... "' ~~Nn ""lTT ziifJIlal. ~ ~ N~)> ~~1~9(1'\ (J:@ -<OJ v' .8'~~ Ul S:3~~~ 0 z & U1~ "'-i ~~~~~() CM' z_ ?! :j2~)> ~ \"~~-1 o ~"F; rn (J: to> . Ul ~ (j) / / t'iS l /;0 .Ie 2 I ~ / / / i i I / +: - (jj s: ~ CJ Q ~ ; ~ ; 8~; , ~ m(j) ~ 10m ~6 z o OJ t; ~Ul "'- ,.-; i1 ~~ ~1'1l ~ ;;lQ;:: - ~ "'Il o~ - z ~r N l\) ,*)> ~ N . ~Z .l>. 0> ~ z N N ~ij;O o 8 ~~11 :g U\ '0 ~): 'z ~o -< c () ~ .-< . . q~ ~ ~o ~ . ~ 5 ~~ ~lHm~ ~~ s 2"" ~ .~ ~- il~ a ! ~ ~ h~~~a ~ ~ 8 Ii ~ B ~ ~ ~ ~ ." )> i'J ~ z (j) Ul () :r m CJ C hi . . , CS ;", i:: e ~ o 0 ~ ~ H i ~ ~ ~ ! . ~ .. ~ . ~ Ul =i m () 0 < m I? ~ " m ~ - " ~ :: ~ . ; ~ - " ~ ~ ~ ~ ; ~ ~~~ ~ ~~~ " 'I~ ~.~ ~~ ~ ~pi ~~~i PF H hdi ~~~e 8'~~1 9 f;<~~ ;;~~ ~.~" i R~ ~ ~." ~~~~. · ha!~ ~hi 2 h ia~~;; ~~~. t ~~ ~~~Q~ ~!~ ~~ .. '"If ~ ~ ~s~ 5 ~ ~ ~ I 11J"'" '~''''''' . I. ~ ~ ~ ~~ TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: ;:)()I'\L>G \'1 O{o, 200~ To: Parties in Interest and. Others concerned with the -]jeelsicin'6T the BOARD OF APPEALS in the Application of the fOllowing: Application No.: CvG-()(p J9~' <F. Tvur2eJ Owner/Applicant: Enclosed is the Decision of the BOARD OF APPEALS whieh has' this day been filed in the office of the Nantueket Town Clerk. An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 40A, Massaehusetts General Laws. Any aetion appealing the Decision must be brought by filing an complaint in court within TWENTY (20) days after this day's date. Notice of the aetion with a copy of the com~laint and eertified eopy of the necision must be given to the Town Clerk so as to be reeeived within sueh TWENTY (20) days. .----\-~4_ {J~ Chairman 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 ~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 Map 69 Parcel 29.4 (westerly portion) Residential Commercial - 2 14 Nobadeer Farm Road Lot 68, LC Plan 26984- V At a public hearing of the Nantucket Board of Appeals held at 1 :00 p.m., Friday, January 6,2006, in the Conference Room of the Town of Nantucket Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of JOHN F. TRUDEL, of II Mizzenmast, Nantucket, MA 02554, Board of Appeals File No. 006-06, the Board made the following Decision: 1. Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By- law Section 139-18 (Parking regulations) and under Section 139-20 (Off -street loading facilities) to allow parking and a loading area to be located partially on an immediately adjacent lot for a proposed retail establishment. The Applicant proposes to construct a building on his vacant lot that would contain a retail establishment of approximately 625 square feet of floor space, with about 130 square feet of ancillary storage, that would be located on the first floor and a single-family dwelling that would located partially on the fust floor and on the second and third floors above. The By-law requires six parking spaces for these proposed uses (3 spaces for retail, 1 space for up to four employees and 2 spaces for a dwelling). Five conforming spaces would be provided on site with the sixth being provided partially on the locus and partially situated on the immediately abutting parcel (shown as Lot 71 on Land Court Plan No. 26984-V) to the east by permanent easement. The required loading zone would also be provided for the use, but would be partially located on the locus and partly on said adjacent lot by permanent easement. Relief is needed as the loading zone would be located within the easterly five-foot side yard setback area and partially on the neighboring property and the Board would need to waive the dimensional requirement for the space as the abutting lot is not before it. Applicant agrees to having a condition imposed that would require the filing of the permanent easement for the dimensionally conforming loading zone and parking space at the Nantucket Registry of Deeds. The Locus conforms to all dimensional requirements of the Zoning By-law, Retail and dwelling uses are allowed by right in this district and the structure would be conforming in all respects. The Premises is located at the corner ofNobadeer Farm Road and Sun Island Road and is shown as the westernmost portion of 14 Nobadeer Farm Road, Assessor's Map 69, Parcel 29.4. The lot is shown as Lot 68 on Land Court Plan No. 26984-V, The property is zoned Residential Commercial - 2. 2. Our Decision is based upon the Application and accompanying materials, and representations and testimony received at our public hearing. The Planning Board made no recommendation, There were two letters from abutters on file in support of the Application. A representative of an abutter also spoke in favor of the Application at the hearing, Another abutter, while not opposed to the Application, expressed concerns about increased traffic and neighborhood disturbance. 3. Applicant, through counsel and personal testimony, represented that he was proposing to construct a new structure that would be used as a single retail store, with a single-family residence located above the store on this comer lot to serve the growing surrounding commercial-residential neighborhood, which included schools, a large multi- unit residential development immediately proximate to the locus, a recreational club, and a number of proposed multi-family housing developments. Applicant stated that such a neighborhood store would be in keeping with objectives stated in the Nantucket Comprehensive Plan, i.e. to provide service options to outer area residents that would reduce trips into the congested mid-island and Town commercial areas. A bicycle path easement benefiting the Town of Nantucket was located along the westerly portion of the lot along Nobadeer Farm Road and impacted the Applicant's ability to fully utilize his property and be able to provide the required parking and loading zone entirely on the lot. As the lot is situated within the Residential-Commercial-2 zoning district on the corner of Nobadeer Farm Road and Sun Island Road, the By-law required a 20-foot front yard setback and a ten-foot side/rear setback from any abutting street or way, despite the fact that lots without multiple frontage issues are allowed a side and rear yard setback of five feet. Therefore, though parking can be sited within the required setback areas, a loading zone could not be so sited and further limited the ability to provide the space in its entirety on the lot. Applicant proposed to provide five conforming parking spaces entirely on site, including a handicap space, with one situated partially on the lot and partially on the immediately abutting lot to the east. A loading zone that would conform to the dimensional requirements of the Zoning By-law would similarly sited and would be shared with the immediately abutting lot to the east. The shared loading space as designed would be screened from Nobadeer Farm Road by the building and adjacent properties to the south. Applicant further stated that the sharing of the loading zone would help minimize the need for impervious surfaces in the neighborhood. In addition and in order to reduce traffic congestion and disruption, the Applicant proposed to construct a one way driveway to access the property from Nobadeer Farm Road with the exit from the property to be form a shared driveway onto Sun Island Road, which would eliminate the need for multiple driveway cuts. 4. Therefore, based upon the foregoing, the Board finds that there are practical difficulties in locating the require sixth parking space entirely on the lot as well as the loading zone due to the setback requirements and bike path easement impacting the lot. In addition, the Board finds that the requested special permit relief to locate a portion of one required parking space and a shared loading zone on the immediately abutting lot to the east by easement would be in harmony with the general purpose and intent of the Zoning By-law. The Board further finds that full compliance with the parking and loading zone requirements would be met in effect, and a waiver to the extent necessary would not have a significant adverse affect on the scenic integrity of the neighborhood and would not be contrary to sound traffic, parking or safety considerations. 5, Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested SPECIAL PERMIT relief under Nantucket Zoning By-law Section 139-18 and Section 139-20 to allow said parking and loading zone area on the following conditions: a) Construction shall be done in substantial conformance with the "Site Plan of Land", dated December 28,2005, by Weller & Associates, a reduced copy of which is attached hereto as Exhibit "A"; b) A permanent easement for the parking, loading and access on adjacent Lot 71 on Land Court Plan No. 26984-V, benefiting both lots, as set forth on Exhibit A shall be filed with the W:....~tU\Joot Registry District of Nantucket prior to issuance of the Building Permit for the proposed project; c) Vehicular access to the Premises shall be via a one-way driveway entering from Nobadeer Farm Road and exiting onto Sun Island Road over the said adjacent lot 71 as set forth on Exhibit A; d) Outdoor lighting fixtures on the Premise shall be shielded and directed downward away from adjacent streets and properties; and e) The retail store's hours of operation open to the public shall be no earlier than 7:00 AM and no later than II :00 PM, seven days per week. 6. In separate action, the Exhibit A was approved by a UNANIMOUS vote of the Board under provisions for site plan review set forth in Nantucket Zoning By-law Section 139-23. Dated: January ~6 ,2006 Edward Murphy "0 ~ S: i ~ " ~ g,3 ~~~ 8~~ ~ o;~ Hi ~=;;u 2~66 gu~~ ~;~~ ~~;~~o ~ ~u.. n~~~ u-::~~ ij!i.~ ~ ~~~!: ~~~gi ~ ~~oo III ~ ~ ,..~ "'::.....r--::i ~~~~~ ~h~~ ~~~~~ ~ ~ ~ ~. ~~ ~ L ~ ~ ~ 0 0 " L L ~ ~ 0 ~ ILl ~ 0 ~ ~ ILl > ~ 0 0 ~ ILl ~ t:: ~ I ~ If) 8 ~ ~ t ;:; 9 ~ 9 0 - "1 ~ ~~ o - ILl -' ::l Cl ILl :c o If) o z ~ <( lL ~ ~ :; .... ;;;- l:: dL ~ ~ ~ i ~~ ~ ~ ;; ~ ~~ ~ ~ n ~ ~i ~"~~I~~ ~~ ~~~~~ii; gg ~.:; . 0 " o. ^'WGn I d~l - <d9 101 Z <: 0 > i ~ ~ ~ Cl Z ILl o ILl -' Ii':> Ii':> Ii':> Ii':> , Ii':> " Ii':>*,-O " Ii':> Ii':> Ii':> Ii':> Ii':> Ii':> ~ ~~ oj. . W 3 tU i' ~=~ ~ <- .::;) CI) . O'v'O~ ""'~'v':::I <( ::; N '" .. N o (f) ~ an ~ ~,,~ ~ <( ~~~ > r-Or-- at: - Z --.....:J U ~~~!6 O r-- .!!!~z ~ 8. ~ :5 (f) xu~o* 2~L~~ (f) ,<( I ~::i <( ~: ~ ~ .(f)lO~Z .... UN~....\U V""-9..:.i ;i ^~ UJ>-IO<(Z LL 5~~~ Q lU ":6<; :g :J ~~~ ~ tflu.J~Niijg: o '> 0 ... >~ 't "' " .. :;: ~ I- '" " ~ , lL U) >-' :;! o :::> J- ~ O~ ~ ~ z. ~ ~ <(0 0 .....J"'-, 0-, It) ILZIU 0 o~g 2 zo{ cO z~~ N <(..lL N iCg ~ ~ o~ u.J..c ....., Q 1-"- tn~ o <( " o Z z o in ~ o ~;;;;O'v'90tv ~., l j, 5,QJ RECEIVED BOARD OF ASSESSORS Town of Nantucket DEe 0 5 2005' ZONING BOARD OF APPEALS TOWN OF I ~ANTUCKETJ MA r-rc ~ LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF PROPERTY OwNEJQ..r n.,. F.. :..Tr:':!. g.~J l..........,.,..... . '. I MAILrNG ~DDRESS..1. J.... .M....'.?;. ~D.I,1:?~t..............,. ,'......... PROPERTY LOCATION ..O.(?, p~~, E~t.~. ~ 4)..~t." 8 PI # 2b:]Btf- V . r 0Q ZCj 4- ASSESSORS MAPIPARCEL....... ..1...",......,..........,... .......:.,...,......".,. APPLICANT... ... .~.~)...;:r~~..... ....................... ....... 1),-q~ SEE ATTACHED PAGES I certify tbat the foregOing is a list of persons who are owners of abutting property, Owners of land directl~ opposite on any public or private street or way; and &butten of the abutters and all other land owners within 300 feet of the. property Iirie of owner's property, all as they appear ?n tbe most recent applicable tax list (M.G.L. c, 40A, Section 11 Zoning Code Chapter 139. Section 139-29D (2) . ..J)~.<...~..A:'!..~ //'" Il~ ,~"...,~, DATE' ASSESSOR'S OFFICE Town of Nantucket a "J .~ ..... ... ..... Pi p; 'rl" ~~~~~~~~~~ ~ ~~sheeeeee3 .., ~nl::i!~~9~~~~~Ul r-fa:l:Z;~ 1Q~IQj:QJq~1Q ~ ~!;I~~~~~~~~~~ H ~ ~ l\1ocoao \OtI').....O\l'U"lM AI No\r-fl"'l.....NM....r-Ir-I,..,lD O..,.....~..Itt...,......... CDU')I.tlCOU')riCOCOIllIOCOU') Po to- tn an III 111 0'1 III III III an II) LtI "I'i MMNNNNMC"It"tNlMC"f NOOOOOOOOOOOO !;;~~::i~~~~~~~~~ " dUW"UU l'f .. .. .. 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