HomeMy WebLinkAbout015-06
.",
TOWN . OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
;:::e1o run VC;,{3 , 209 <f
To: Parties in Interest and. Others concerned with the
-'jjeclsTonOf the BOARD OF APPEALS in the Application of the
following:
Owner/Applicant:
() /5-'" CJ (p
fJ) /fJri hOl5~ {J07'iuf€S, LL- C-
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
com~laint and certified
to the Town Clerk so as
(20) days.
/------
i
~~/e
of the action with a copy of the
copy of the Decision must be given
to be received within such TW~NTY
/
~# d~~
~I I Chairman
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.
NANTUCKET ZONING BOARD OF APPEALS
1 East Chestnut Street
Nantucket, Massachusetts 02554
Assessor's Map 66
Parcel 20.2
RC-2
5 Salros Road
Plan No. 2006-3, Lot "A"
Book 988, Page 189 and
Book 988, Page 91
At a Public Hearing of the Nantucket Zoning Board of Appeals held at 12:00
P.M., Friday, February 10,2006, in the Conference Room, Town Annex Building, 37
Washington Street, Nantucket, Massachusetts, on the Application of WIND HORSE
VENTURES, LLC of 5 Salros Road, Nantucket, MA 02554, Board of Appeals File No.
015-06, the Board made the following Decision:
1. Applicant is seeking a MODIFICATION of the Decision in BOA File No. 029-87
that allowed use of a proposed structure for two first floor contractors' shops, with two
apartments on the second floor. The property was recently subdivided into two lots, Lot
"A", the Locus, and Lot "B", proximate to the Locus to the east, through an ANR plan
endorsed by the Planning Board. Applicant is now asking the Board to make the previous
relief granted in said Decision specific to Lot "A", and not applicable to Lot "B" as
Applicant proposes to relocate the existing mixed use building to a conforming location
on Lot "A" and maintain the existing two commercial shops on the first floor and two
two-bedroom apartments on the second floor; to strike the permitted use contained in said
Decision under Section 139-9B(2)(g)(Garages for storage, repair, washing, painting, or
other servicing of motor vehicles) as not necessary or desired any longer; and to allow the
substitution of a new Exhibit "A" reflecting the proposed improvements on Lot "A" as
well as an accurate parking and loading zone plan. 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. In addition, 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 part of the required 24-foot aisle width and access to be
shared with Lot "B". Applicant herein stipulates that as a condition of the requested
relief, it would record cross easements with respect to the shared driveway/aisle and the
loading zone, said easements to both benefit and encumber both Lot "A" and Lot "B".
Lot "B" would be rendered vacant for the moment due to the relocation of the structure to
Lot "A". The five conforming parking spaces would be provided on site. Relief is needed
as the loading zone would be located within the required 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 for the locus as the abutting lot is not
before it. The Locus and structure would otherwise conform to all dimensional
requirements of the Zoning By-law.
The Premises is located at 5 SALROS ROAD, Assessor's Map 66 Parcel 20.2 and
a portion of21, as shown as Lot "A", on Plan No. 2006-3. 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. There were two letters on file in favor and one abutter present in favor.
3. The Applicant, through counsel and personal testimony, stated that the lot is the
result of an Approval Not Required subdivision plan endorsed by the Nantucket Planning
Board on January 9,2006 in Nantucket Planning Board File # 6912 which created subject
Lot "A" and the immediately abutting lot to the east, Lot "B". Both lots are conforming
in all respects to the dimensional requirements of the Zoning By-law. However, the
existing mixed-use commercial-residential structure is currently straddling the new
common lot line. Applicant represented that the property as a whole is benefited by a
previous grant of Special Permit relief in the Decision in BOA File No. 029-87, which
granted permission to a predecessor in title to use a then proposed structure for
commercial purposes, i.e., two contractors' shops on the first floor, with the structure also
to contain two second floor apartments. The structure was built and the aforementioned
uses have been in place since that time. Applicant now proposes to relocate the existing
structure onto the hereinabove described Lot "A", thereby rendering Lot "B" vacant.
Applicant is asking the Board to modifY the original Decision to apply solely to Lot "A"
and not Lot "B". The existing uses, two commercial shops on the first floor and two
apartments on the second floor would be maintained. All of the required parking spaces
would be provided on site and the 20% open space requirement would also be met.
However, Applicant is asking the Board to permit the siting of the required loading zone
within the easterly side yard setback area straddling the common boundary between Lots
"A" and "B". The 24-foot aisle width and access driveway would also be shared with Lot
"B" and be located partially on both lots. In the event that the Board granted the
Applicant's request for a shared driveway/aisle width and loading zone, Applicant agrees
to file cross easements encumbering and benefiting Lots "A" and "B" to ensure
compliance.
4. Therefore, based upon the foregoing, the Board finds that while some members
expressed concern about the intensity of use on this conforming lot, with the structure
being moved to a smaller lot than previously approved prior to the subdivision,
modifying the relief to be particular only to Lot "A" would be in harmony with the
general purpose and intent of the Zoning By-law. In addition, the Board finds that
allowing the sharing of the loading zone, aisle width and access driveway entrance would
be in harmony with the general purpose and intent of the Zoning By-law and would not
be contrary to sound traffic and safety concerns in that maintaining one driveway access
would be less intrusive to the neighborhood. The Board also finds that Salros Road is
substantially developed in a similar manner as the Locus, with mixed use residential-
commercial buildings of similar size. The Board further finds that common practice over
the past twenty years to allow use as contractors' shops is to have relief granted by this
Board under Zoning By-law Sections 139-9B(2)(a), (b) and (c) and not just under (b) and
(c). The Board finds that the addition of Special Permit relief under Section 139-9B(2)(a)
would be in harmony with the general purpose and intent ofthe Zoning By-law. The
Board notes that such relief has been granted by this Board on Salros Road to other
properties.
5. Accordingly, by an UNANIMOUS vote, the Board GRANTS the requested
MODIFICATION of the Decision in BOA File No. 029-87 to make the relief particular
only to Lot "A"; SPECIAL PERMIT relief under Zoning By-law Section 139-9B(a)
(light manufacturing); SPECIAL PERMIT relief under Zoning By-law Section 139-18 to
allow the sharing of the aisle width and access driveway with easterly abutting Lot "B";
and SPECIAL PERMIT relief under Zoning By-law Section 139-20 to allow the
placement of the loading zone within the required easterly side yard setback area and
shared with the easterly abutting Lot "B", upon the following conditions:
a. The parking area shall be screened with a densely packed vegetative
buffer per the "Plot Plan to Accompany Board of Appeals Application", done by
Blackwell and Associates, Inc., dated January 23, 2006, as marked up, a reduced copy of
which is attached hereto as Exhibit "A";
b. There shall be no outside storage of construction materials or construction
related materials;
c. Cross easements ensuring the common use of the driveway access, the
driveway and loading zone that both benefit and encumber Lots "A" and "B" shall be
recorded with the Nantucket Registry of Deeds.
d. There shall be no outside commercial activity Monday through Saturday
earlier than 7:00 AM and no later than 6:00 PM. There shall be no outside commercial
activity on Sunday;
e.
There shall be no major equipment maintenance allowed on the property;
f.
property;
There shall be a maximum of two separate commercial tenants on the
g. All of the required parking spaces shall be provided on site in a
conforming manner;
h. The structure shall be relocated to Lot "A" in such a manner so as co fully
comply with all setback requirements; and
i. Previous relief granted under Section 139-9B(2)(g) is hereby abandoned
voluntarily by the Applicant.
6. In separate action, the Board by a UNANIMOUS vote, approves Exhibit A as the
site plan as required under Nantucket Zoning By-law Section 139-23.
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TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
NOrIa 508-228-7205
A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will
be held at 12:00 P.M.. FRIDAY, FEBRUARY 10, 2006, IN THE CONFERENCE
ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket,
Massachusetts, on the Application of the following:
WINDHORSE VENTURES, LLC, BOARD OF APPEALS FILE NO. 015-06:
Applicant is seeking a MODIFICATION of the Decision in BOA File No. 029-87
that allowed use of a proposed structure for two first floor contractors' shops, with two
apartments on the second floor. The property was recently subdivided into two lots, Lot
A, the Locus, and Lot B, proximate to the Locus to the east, through an ANR plan
endorsed by the Planning Board. Applicant is now asking the Board to make the previous
relief granted in said Decision specific to Lot A, and not applicable to Lot B as Applicant
proposes to relocate the existing mixed use building to a conforming location on Lot A
and maintain the existing two commercial shops on the first floor and two two-bedroom
apartments on the second floor; to strike the permitted use contained in said Decision
under Section 139-9B(2)(g)(Garages for storage, repair, washing, painting, or other
servicing of motor vehicles) as not necessary or desired any longer; and to allow the
substitution of a new Exhibit "A" reflecting the proposed improvements on Lot A as well
as an accurate parking and loading zone plan. 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. In addition, 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 part of the required 24-foot aisle width and access to be
shared with Lot B. Applicant herein stipulates that as a condition of the requested relief,
it would record cross easements with respect to the shared driveway/aisle and the loading
zone, said easements to both benefit and encumber both Lot A and Lot B. Lot B would be
rendered vacant for the moment due to the relocation of the structure to Lot A. The five
conforming parking spaces would be provided on site. Relief is needed as the loading
zone would be located within the required 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 for the locus as the abutting lot is not before it. The Locus and
structure would otherwise conform to all dimensional requirements of the By-law.
The Premises is located at 5 SALROS ROAD, Assessor's Map 66, Parcel 20.2
and a portion of21, and shown as Lot A, ~06-3.~S zoned
Residential Commercial - 2. ~
Dale Waine, Chairman
NOTICE AVAILABLE IN LARGE PRINT OR OTHER FORMATS.
PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION.
NANTUCKET ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MA 02554
APPLICATION FOR RELIEF
CASE NO.n/J/./OCo
FEE: $300.00
Owner's name(s): Windhorse Ventures. LLC. a Massachusetts limited liability company
Mailing address: C/o William F. Hunter. Esa.. Sarah F. Ah!er. P.C.. Two South Water Street
Applicant's name(s): SAME
Mailing address: SAME
Locus address:
5 Salros Road
Assessor's Map/Parcel:
66/20.2 and a portion of 21
Plan Book & Page/Plan File No.:
Lot No.: "A"
Date lot acquired: 11/1/05 and 11/2/05 Deed Ref.: Bk. 988. Pae:es 91 and 189
Zoning District:
RC-2
Uses on Lot - Commercial: Yes ( describe) Light manufacturing, storage and warehousing, fabrication
Residential: Number of dwellings: Duplex X
Building Date(s): All pre-date 7/72? No or
Building Permit Nos: #5373-87
Previous Zoning Board Application Nos.:
C ofO(s)?
BOA File No. 029-87
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, ATTACHED HERETO
antially complete and true to the best of my
SIGNATURE: William F. Hunter, Esq. ttorney/Agent X
(If not owner or owner's attorney, please enclos of agency to bring this atter before the Board)
FO ICE USE
Application received on:-L/J3Jd..Q. By: Complete: Need copies?: ~ \
Filed with Town Clerk:jJZ,,7 ~PJanning Board' .' I Building Dept.; / ~y:ce J2A-J
Fee deposited with Town Treasurer:l72Jl/~y:~aiver requested?: Granted:_/_/_
Hearing notice posted with Town Clerk:-LiU7 /OCRMailed:-t-.u7 /~M:a/fJI& Q~
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
5 Salros Road
Windhorse Ventures, LLC, a Massachusetts limited liability
company, (Applicant) is the owner of 5 Salros Road, Nantucket,
evidenced by deeds recorded in the Nantucket Registry of Deeds
in Book 988, Pages 91 and 189, dated November 1, 2005 and
November 2, 2005, respectively. The Locus is situated within
the Residential-Commercial-2 Zoning District, which is heavily
developed with a mix of commercial and residential uses. The
Premises is also situated on a street that contains several
properties that are benefited by granted of similar Zoning Board
of Appeals relief.
Premises consists of a single parcel of land proposed to be
improved as described herein and shown as Lot "A", on a Plan of
Land dated January 5, 2006, Blackwell and Associates, Inc.,
recorded with the Nantucket Registry of Deeds, Book of Plans No.
, Page ,and as Parcel 20.2 and a portion of Parcel 21 on
Assessor Map 66. Access to the Premises and loading zone would
be over a shared driveway and to a shared loading zone with the
newly created lot to the east as described herein below.
Locus, Lot "A", is one of two lots created as the result of
an Approval Not Required division of land endorsed by the
Planning Board on January 9, 2006, Plan File No. 6912, said land
originally comprising a single oversized conforming lot on
Salros Road. The ANR plan creation of two conforming lots shown
as
Lot "A"
and Lot "B" on said ANR plan, left the existing
mixed-use structure described in BOA File No. 029-87 straddling
the lot line between Lot "A" and Lot "B".
Said structure is a
two-story wood frame building with a two-bay shop area, with two
tenants, on the first floor having a ground cover of 1800+/-
square feet, and two two-bedroom apartments on the second floor.
The structure was built pursuant to Nantucket Building
Department Building Permit No. 5373-87.
The original lot is further benefited by a Special Permit
duly issued by the Nantucket Zoning Board of Appeals in the
Decision in BOA File No. 029-87. This Special Permit was issued
pursuant to Nantucket Zoning By-Law Sec. 139-9B (2) (b) (Storage
and Warehousing) , (c) (Fabrication and assembly of wooden
components parts for off-site construction or use), and (g)
(Garages for storage, repair, washing, painting, or other
servicing of motor vehicles) to allow use of the two-bay garage
for tradesmen's workshops (including enclosed storage of
tradesman's goods, materials and other personal property), and
storage (without repair or servicing) of motor vehicles. Said
Special Permit also recognized that Locus was to be further
improved by two second floor apartments.
Applicant now proposes to relocate the existing structure
from its present location, straddling the new common lot line,
and site it entirely on Lot A in a conforming location. The
structure would be rotated to run from north to south. The
Premises is conforming as to lot area, containing about 6,316
+/- 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 Salros
Road in excess of the 40 feet required in the District. The re-
sited structure on Lot A as proposed would have a ground cover
ratio of about 28% (28.49%) or 1800 +/- square feet in a Zoning
District that allows a maximum ground cover of 50% for
conforming lots. The proposed structure would conform to all
other requirements of the By-law, including front, rear, and
side yard setbacks, vehicle parking and open space.
Applicant is seeking to have the Zoning Board of Appeals
modify the above referenced Special Permit to state that this
relief granted in said Decision, pursuant to this Application,
is specific to Lot A, Locus, as described hereinabove and not
applicable to Lot B immediately to the east; to strike the
permitted use under Sec. 139-9B (g) (Garages for storage, repair,
washing, painting, or other servicing of motor vehicles) as not
necessary or desired any longer; and to allow the substitution
of a new Exhibit "A" reflecting the proposed improvements on Lot
A as well as an accurate parking plan.
Applicant is 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. Applicant wishes to rectify that
omission. Applicant proposes to maintain the existing commercial
uses on the first floor with a maximum of two tenants.
Applicant is also seeking relief by Special Permit pursuant
to Zoning By-law Section 13 9-l8A (3) (a) to allow the sharing of
the 24-foot aisle width required for the on-site parking spaces.
The required 24-foot width would be provided but partially on
the Locus and partially on Lot B in order to line up with the
shared access from Salros Road.
Applicant is further 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
wi thin the required five-foot easterly side yard setback area.
The dimensionally conforming loading zone space would be
constructed in part on the Locus and in part on Lot B to the
east, with said loading facility to be shared with said abutting
property owner to the extent that may prove to be required. The
access for both lots would also be by a shared driveway.
Applicant herein stipulates that as a condition of the requested
relief, it would record cross easements with respect to the
shared driveway and the loading zone, all as shown on Exhibit
"A", attached hereto, said easements to both benefit and
encumber both Lot A and Lot B, which would be rendered vacant
for the moment due to the relocation of the structure to Lot A.
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
the Town of Nantucket. The proposal would also be in harmony
with the general purpose and intent of the Zoning By-law.
Providing a shared loading zone would be more practical and
eliminate the need for multiple driveway cuts on Salros Road as
well.
PARKING CALCULATIONS
Sec. 138-18 Size (S.F.)
"C" Warehouse: 1800 s.f.
RC-2 Duplex: N/A
Requirement Cal.
1/900 s.f. 2.
.75/bedroom X 4 3.
Space
2
3
Required
Provided
5
5
Sec. 139-20
Off Street Loading
1
1
Town of Nantucket Web GIS - Printable Map
Page 1 of2
Town of Nantucket Web GIS
Prop ID
Address
Owner
Sale Date
Sale Price
Book/Page
Lot Size
66 20.2
5 SALROS RD
OLSEN KENNETH P JR TR
C/O WINDHORSE
VENTURES LLC
5 SALROS RD
NANTUCKET, MA 02554
09/04/1987
$307,000
00283/ 100
0.22 acres
NOT A LEGAL DOCUMENT
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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~.~( 272 ptit207
"OARD 0' APPEALS
TOWN or "ANTUCKET
"ANTUCKET, HASSACHUSETTS 02~~4
DeCISION,
Th~ 8DARD OF ~PP!ALS, at '. publlc H..rlnl held on FRIDAY,' HARCH
'3, 1981 at hlO p....lnth. Town '.nd Countl' Sulldlnl, N.ntucb.t,..de
th- fQllowlna De~t.lon .upon tn. Applleatlon,of KEVIN KALHAN AND ROBEIT'
LAMB, f'ORTHEI\SELVES AND OWNER 8USUM, INC. (029-1l) addu.. 80a 841.
~antucke~. HA 02554.
1. Appllcant. .eek a SPECIAL PERMIT unJer Zonlna Coda SECTIONS
139-9B(3)(h), (0) .nd (d to c.on.truet. and operate .1 u'.' per"ltted. by
exc.p.tlon, . two-bayenal.' fo" tudulllan ~ol'k.hop. and colftllletc.-lal
Itoul_ (wHhout upi'll' or ..rvlo,ln,.) of IIOtor vehloh. .nd ."eloNd
.t.ora,. of ",adaa.an'. looda. matedall or other parlo:\al prop."ty (but
not tneludlnl h.".fu\ or ha.a"doua fluld. 01' lub.tanc.I). Th. tr~d....an'.
"'u' are not .peclU.d but could lnolud. hbdcatton .nd ....llIbly of
~Pi8ponent parte tO,r off-alt.' conltructlon or "... Th. pr_h.. al'e loc.ted
a' , SAL1t~S lOAll, A.....or'.. '.reel 66-020.2, Phn ~.ook n ~ P'I. U.
~o, , tn t~. lISIDINT1AL-COHHERCIAl-Z .one.
2. Ou~ flndinl' ar. ba.ed upon the Appllc.t~on ~per', parklnl plaft
'(0\11' '!If.hlbH ."A")' and viewln"l, locather vlth upu.."tatlon. and un'-
1lI0~Y at ou~he.rlnl' A. va und."ltand It, Appllcant. propo~. to build ·
two-bay luau vith C~ ..p....,..",. con.t1tutlnl the ..oond Uoal'. 51"0.
,,,. Ap,U.191' A.nnu.lTa"", H..tina, two '\leh .econd-Uool' .put..nt..
ar. alhvad'" the "-C-2 .dhtrlct with. on. Nlnl ;. ..condarv dwenl",
un.,. '...S.o,to,,' t,9-9A(t,). 'Aa .dd.d by....nd..nt. and Sectton 139-'A~3).
Th\, Appl\oattoft oono.,,,, the ~~...cl.l u... whtoh.... ali on &ha fl..'~
flOGI' .
3. AppUoanu' lot h _lel-way alon& Sal"ol Road wlt~ athel' un\m..
'1'ov..d lot. townd. the C\I\ d. ..Ia nc.pt the a1:lutU"a lot ..nd one ....0..
'lb_ ,~4 wHh .11l1Ua.. .tl'uoh......nd 'I'" Pl'opo..ct hn.. s.. US-U,and...
Qonoun.'" t\HoUo.ttOft ()31~U fo1' ".u lde"tla.l 'I" of 1.0\ 4.'
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4. Th. P1annina Board'. rec~endation wa. favo~.b1. and no
oppOsition wa. heard.
5. Five.pac.. are .hown on AppUcanu' pa~klnl planf a I1xth ..y
be needed to ..et Section 139-181 requirement. by the follow1na reckonina'
2dwelllna unit.
2 cOllllllereial us..
(1 space/900 SF)
with up to 4 employee.
,2 .pace.
2
.ach -!...
6 .pac..
In any ea.e, ApplicantS, hava agreed to liIeet the ,parkina, requir..nu. Space
mu.t al.oha available to Meet the loading facility requi~..ent of Section
139-19. Appltcanbundertake. fully to meet the.e reqult..entl, .....y
be detenained by the Bulldlng COllllllhaloner.
6. Whil. not fully shown on the parkina plan, .c~..nin& ta ~.qutred
by SeCtion' 139-18F(I). Since us.. remain unkDown on neiahborina lots,
we do not condition relief here on Applicants .st. bU.hina a .pecific fOrll
of acreenlng.
7. FrQa the present record, v. find no violation ofSactlon 139-20
In the proposed commercial uses but, under Section 139-28A(2), us. of
the premises under this Special Permit is conditioned on continued
cOlllpliance.
, 8. Therefore, we find that Applicant. are entitled to the reque.ted
Special Permit,a. beina In harmony with the aeneral purpo.e and Intent
of, the aonin& chapter.
9. Aceordinaly, by UNANIMOUS vote, this Boa~ GIANTS to Applicant.
the requested SPECIAL PERMIT to construct the propo.ed,2-bay aarase with
required off-a'tre.t parking, 108d1na facUity and .ereenina.
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(02987)
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Dated, March ~, 1981
Nantuc;ket, HA 02.554
~4 ,11~".4_
, Willia.. I. Shu..an
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I CERn..-, lHAT 20 D.\YS HA'I( flJ\PS'O "mll 'I>{ OEClS:~
\'if.SFLEO.llfIllECfr-;CElJr It,~ 1:).'11. Cl(r~, ~~:j ihAl
UOAPf'(Al.HAS6Wt. ,~r:" ,PEllro.t'HTT.O~.ffrl<l.~ LAWS.
.oA. ~oen/~.6.bw.'-
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Dale W.Vdne '
, ... ' ,.1WtfUCK!T OOUNTV
, 'Received antS t:n\ered fh
APR 1319~7 _. /:.' d:- '1'-''': '
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IIIID.III
DEED
Bk: 988 Pg: 81 Page: 1 of 2
Doc: DO 11/01/200602:38 PM
KNOW ALL BY THESE PRESENTS
It Richard P. Olsen, Trustee of Salros Road Realty Trust, uld/t/ dated September 1,
1987 and recorded with the Nantucket Registry of Deeds, Book 283, Page 95, ofP.a. Box 2026,
Dennis, Barnstable County, Massachusetts;
For consideration of Eight hundred and fifty-five thousand ($855,000.00) Dollars,
grant to Windhone Ventures, LLC., of5 Salros Road, Nantucket, Nantucket County,
Massachusetts
with QUITCLAIM COVENANTS,
the land, with improvements thereon, situated in the Town and County of Nantucket,
Commonwealth of Massachusetts, being 5 Salras Ro~ bounded and described as follows:
NORTHERLY
by Salros Road, one hundred and twenty-five and No/I 00 (125.00) feet;
EASTERLY
by Lot 8 as shown on a plan hereinafter mentioned, seventy-eight and
58/100 (78.58) feet;
SOUTHERLY
by land of Sylvia and Hilts as shown on said plan, one hundred and
twenty-five and No/lOO (125.00) feet; and
WESTERLY
by Lot 10, as shown on said plan, seventy-eight and 56/1 00 (78.56) feet.
Containing 9,821 sq. ft. ofland more or less and being shown as Lot 9 on a plan entitled
"Roslyn Estates Defmitive Plan of Land in Nantucket, Massachusetts", dated July 9t 1982 drawn
by John J. Shugrue, Inc., recorded with Nantucket Registry of Deeds in Plan Book 22, Page 63.
The above described premises are conveyed subject to and with the benefit of the right to
use Salros road as shown on said Plan for all purposes for which streets and ways are used in the
Town of Nantucket in common with all others entitled thereto.
For title see deed recorded with the Nantucket Registry of Deeds at Book 283, Page 100.
Bk: 00988 Pg: 92
Witness my hand and seal this
I'('r~-r day of N&..J ,
,2005.
~ /L--- /r~'7~~
Richard P. Olsen, Trustee, Salros Road Realty Trust
COMMONWEALTH OF MASSACHUSETTS
On this 1$ day of ~ OVwY\ ~ . 2005, before me, the under signed
notary public, personally appeared Richard P. Olsen, Trustee, proved to me through satisfactory
evidence of identification, which was ~!:J5t\ ~~~ )>p...) V' ~ 1,( ~ ~ ,
to be the person whose name is signed on the foregoing document, and acknowledged that he signed
it voluntarily for its stated purpose.
k4
, Notary Public (seal)
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My commission expires:
MonicI KrIft
My ComI\liIIllll1 ElcpkM 1ON3IOI
MASSAOHUSETTS EXCI AX err
Nantuoket Oounty RO 18001
Date: 1110112005 :38 PM
Otrll 457299 1 0001 00003999
F..: $3,898 Oons: '855.000.00
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DEED
Bk: 988 Pg: 189 Page: 1 of 2
Doc: DO 11/021200602:14 PM
I Burr William Tupper, of 5 Salros Road, Nantucket, Massachusetts, for consideration paid in
the amount of $1.00, grant to Windhorse Ventures, LLC of 5 Salros Road, Nantucket,
Massachusetts, with QUITCLAIM COVENANTS,
That certain parcel of vacant land situated in Nantucket, Nantucket County, Massachusetts,
being a portion of the land now known and numbered as 6 Nobska Way, bounded and
described as follows:
SOUTHERLY
WESTERL Y
NORTHERLY
sixty-one and 23/100 (61.23) feet, and
tweny-four and 35/100 (24.35) feet, by Lot 3A on plan
hereinafter mentioned;
by land shown as Lot 9 on said plan, sixty-one and 88/100
(61.88) feet, and
by land nor or formerly of Robert E. Allen and Katherine M.
Allen, twenty-four and 36/100 (24.36) feet.
EASTERLY
.'
Said land is shown as Lot 3B on a plan by Blackwell & Associates, Inc., dated July 6,
2005, recorded with Nantucket Deeds as Plan No. OJ005-ft1
Said land is conveyed subject to the following matters:
(a) Restrictions set forth in deed, dated June 16, 1980, recorded
with Nantucket Deeds in Book 174, Page 137.
(b) Order of Taking dated June 6, 1986, recorded with Nantucket Deeds in Book
250, Page 170.
(c) Order of Betterment dated November 19, 2003, recorded with nantucket
Deeds in Book 862, Page 158.
(d) Real estate taxes assessed by the town of.Nantucket for the fiscal years
2006 and 2007. '
For title, see deed recorded with Nantucket Deeds in Book 174, Page 137.
Executed and sealed on November 2, 2005.
. ..
,...... ;...........
Bk: 00988 Pg: 190
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss. .
On this 2nd day of November 2005 before me, Peter D. Kyburg, the undersigned
notary public, personally appeared Burr William Tupper, proved to me through satisfactory
evidence of identification, which was personally known to me, to be the person whose
name is ,signed on the preceding or attached document, and acknowtedg to me that they
signed voluntarily for its stated purpose.
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Jan 11 2006 14:18
Sarah F. Al~er, PC
5082288004
p. 1
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Town of Nantucket
ZONING BOARD OF APPEAL~
RECEIVED
BOARD OF ASSesSORS
DEe 2 0 2005'
~MA
,)
LIST OF PARTIES IN INTEREST IN THE MATTER OF nIE PETITmN OF
PROPERTvOwNE.R~..........~~...~ LLC
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MA1LrNO ADDRESS... ....... ........ ......, ..:..... .:... ....... ................ ..:.. .....
PROPERTY L(jcATrON.......~..;...~........&.....
'ASSESSORS MAPfPARCEL:...,.... .~.~." ..:::~.t?.:.&.... '......,.. ......
APPLICANT... ..... ......,,~...V~..........
SEE AITACHED PAGES
J cel1ify IbM lhe foregoing is a list o( perlOIU who are owners of abutting property. owners oJ
land direcIl~ opposite on Ul.y public or private street Or WI)"; and &.buttcn of the s.buners and all
olher Is.ndowners within 300 feet of the. property line of owner's property, all is they appear?n .
the mosl recent applicable ta.x list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139.
Section J 39.290 (2) . ,
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DATE.
ASSESSOR'S Or-fleE
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