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HomeMy WebLinkAbout006-07 TOWN .OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date, J0:hUG( {it , 20(')7 To: Parties in Interest and. Others concerned with the -15e-ClsIon-Of the BOARD OFl APPEALS in the Application of the following: Owner/Applicant: ()O(O -07 m N{3- I LL-G 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 com~laint and certified copy of the necision must be given to the Town Clerk so as to be received within such TWENTY ( 20) days. ~ C<+J~l \~,lf> ~ NO-n.Q ~ d. SQ0, \n'~1 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 g139-30I (SPECIAL PERMITS); 9139-321 (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING aOARD OF APPEALS. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 Assessors Map 69 Parcel 39 RC-2 136 Old South Road LC Plan 14342-H, Lot 11 Certificate of Title 21,904 At a Public Hearing of the Nantucket Zoning Board of Appeals, held at 1 :00 P.M., Friday, January 5, 2007, in the Conference Room, 2 Fairgrounds Road, Nantucket, Massachusetts, on the Application of MNB, LLC, of8 Harbor View Way, Nantucket, MA 02554, Board of Appeals File No. 006-07, the Board made the following Decision: 1. Applicant is seeking a MODIFICATION of the Decision in BOA File No. 039-96 ("the Decision"), that granted relief by SPECIAL PERMIT under Nantucket Zoning By- law Section 139-9B(2)(b) (storage and warehousing) and additional Special Permit relief under Zoning By-law Section 139-9B(2)(a) and (c) to the extent necessary. The Decision allowed the use of a proposed structure and separate mixed-use structure (containing one apartment) for a total of eight self-storage units to be used for the "dead" storage of vehicles, boats and other goods and materials. Applicant now proposes to expand the rear structure by constructing two additional units and change the use of the units to active storage and warehousing for separate tradesmen's shops. The lot would continue to meet the open space, loading zone and parking requirements. Applicant also seeks the Modification of the Decision to substitute a new Exhibit A-I plan for the original Exhibit "A" attached to the Decision. The lot is conforming in all respects to the dimensional requirements ofthe Zoning By-law. The Premises is located at 136 OLD SOUTH ROAD, Assessor's Map 69, Parcel 39, Land Court Plan No. 14342-H, Lot 11. The property is zoned Residential-2. 2. The Decision is based upon the Application and the materials submitted with it and the testimony and evidence presented at the Hearing. The Planning Board made no recommendation. There was one letter in the file from an abutter expressing concerns relative to exterior storage and sanitation issues. 3. Applicant, through counsel, presented its case to the Board. Applicant purchased the property on September 1, 2005 and at the time of the purchase the property had the benefit of the Decision that granted special permit relief to allow the use of a proposed structure for passive storage. As there were no notices of violations in the Building Department file at the time of purchase, Applicant assumed that the property was being operated in compliance with the conditions as so specified in the Decision. Applicant realized there was a need for additional "storage units" for local small tradesmen and hired a designer and surveyor to prepare plans in order to add two storage bays to the existing complex. During the process, Applicant found that the current use, as well as the proposed use of the two new units, was as "active storage" as opposed to "passive storage", which had been allowed in the Decision. Applicant now wishes to amend the Decision so as to allow the existing seven storage bays, one storage shed and the two new units in the proposed addition on the easterly side ofthe existing building to be used for active storage. Applicant represented that there would be no exterior storage of equipment or materials. Applicant also represented that it would be made clear to all tenants that light manufacturing is prohibited and fabrication and assembly of component parts for off-site construction or use would also be prohibited. Applicant represented that they would also install sanitary facilities (bathroom and wash room) as part of the proposed expansion so that sanitary facilities would be available for use of the tenants. This would necessitate abandoning the existing septic system and tying into the town sewer which Applicant is prepared to do. Applicant further represented that the proposal complies with the parking provisions and open space requirements of the Nantucket Zoning By-law as evidenced by the "Plot Plan", prepared by Nantucket Surveyors, Inc., dated December l, 2006, a reduced copy of which is attached hereto as Exhibit A. 4. Board members expressed concern relative to over-night parking of vehicles on- site causing the lack of available space for the owner's vehicles and tenants of the other units. Applicant represented that it would be willing to restrict overnight parking of vehicles to the residential tenant and to vehicles owned by tenants that were owned or controlled by the owner's family which currently leases two of the commercial storage units. Applicant also agreed to give up the storage of boats as allowed under the Decision. 5. Therefore, Based upon the foregoing, the Board finds that the modification of the Decision in Board of Appeal File No. 039-96 so as to allow two additional storage units and to allow all the units (nine storage bays and one storage shed) to be used for active storage for tradesman's shops, would be in harmony with the general purpose and intent of the Zoning By-law and would not create a negative impact on the heavily developed commercial area. The Board is cognizant that locus is in the vicinity ofthe airport and is in the commercial corridor of the island where most businesses of this nature are located. The Board further finds that the proposed use will not be in violation of the provisions of Zoning By-law Section 139-7E(4). Applicant also withdraws the request for special permit relief under Section l39-9B(2)(a) and (b). 6. Accordingly, by a vote of four in favor (Waine, O'Mara, Toole, Koseatac) and one opposed (Sevrens), the Board GRANTS the requested MODIFICATION of the existing SPECIAL PERMIT in the Decision in BOA File No. 039-96, granting relief under Nantucket Zoning By-law Section l39-9B(2)(b) to allow the increase in the number of storage units and the change to active storage from the previously permitted passive storage, subject to the following conditions: a. The site improvements are to be done substantially as shown on Exhibit A; b. Conditions "c-g", inclusive, contained in the previous Decision, are re-imposed; c. The use of the property shall be limited to a maximum of ten commercial storage units without further relief from this Board; d. The ten storage units, for a total of nine bays and one shed, shall be limited to active storage by tradesman with no on-site manufacturing and no on-site fabrication or assembly of component parts, and with no storage of boats outside; e. Sanitary facilities (toilet and washroom) shall be provided on-site in accordance with all applicable codes and made available to all commercial tenants; and f. Parking of vehicles overnight shall be restricted to vehicles owned by the residential tenant and to vehicles owned by commercial tenants which are owned or controlled by the owner of the property. 7. In separate action, by a UNANIMOUS vote, the Board approved Exhibit A as the site plan for the project as required under Nantucket Zoning By-law Section 139-23. Dated: January I q , 2007 ~1i1~1~ \. Nancy J. Sevre s ~\~ .i::: w PLOT PLAN FOR #136 OLD SOUTH RD. TO ACCOMPANY A ZONING BOARD OF APPEALS APPL/CA T/ON IN NANTUCKE~ MASSACHUSETTS SCALE: 1"=20' DATE:DEC. 1, 2006 DEED REFERENCE: CERT#21904 PLAN REFERENCE: L.C.PL#14342-H ASSESSOR'S REFERENCE: MAP: 69 PARCEL: 39 PREPARED FOR: MNB, LLC 69-47 N/t KIM LARUE MOORE LC CERT 120.148 69-46 N/t GREGORY M. MOORE LC CERT 120,802 ~ ;:!; '" 5 Q; <J ..,J 69-:J8 N/t T .. R REAL TY TRUST LC CERT /17.996 ~ . ,~ ~ ~ c.., cs FND N 81"59'.30. w OLD mil 0 HYDRANT ElECTRIC AlANHOlE APPROA7MA TEl ---- u-Piic ARROIHiEAOY 240' TO OR/If"" ROAD 0-0 '0-07 1\ /7 PARKING CALCULATIONS DWEWNG - RC-2 STORAGE AREA 2827/900 TOTAL SPACES REQUIRED TOTAL SPACES PROVIDED = 2 SPACES = 3 SPACES = 5 SPACES = 6 SPACES EXISTING OPEN SPACE : 35.5% :f: PROPOSED OPEN SPACE: 31.3% :f: NOTE: LOT 11 SHOWN HEREON IS SUBJECT TO AND HAS THE BENEFlT OF A SPECIAL PERMIT RECORDED AS LC, DOC, {73786 CURRENT ZONING: RC- 2/DORMITORY MINIMUM LOT SIZE: 5,000 SQ. FT MINIMUM FRONTAGE: 40 FT FRONTYARD SETBACK: 10 FT SIDE AND REAR SETBACK: 5 FT ALLOWABLE G.C.R.: 50% EXISTING G.C.R.: 20.1%:f: PROPOSED G.C,R,: 24.2%:f: ~~ 69-45 N/t T .. R REAL TY TRUST LC CmT /18,866 69-11 N/t JOHN N. HOLLAND LC CmT /8.8J2 NANTUCKET SURVEYORS LLC 5 WINDY WAY NANTUCKET, MA. 02554 N-9386 TOWN OF NANTUCKET ZONING BOARD OF APPEALS 2 FAIRGROUNDS ROAD NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1:00 P.M.. FRIDAY. JANUARY 5. 2007. in the Conference Room, 2 FAIRGROUNDS ROAD, Nantucket, MA, on the Application of the following: MNB LLC BOARD OF APPEALS FILE NO. 006-07 Applicant is seeking a MODIFICATION of the Decision in BOA File No. 039-96 ("the Decision"), that granted relief by SPECIAL PERMIT under Nantucket Zoning By- law Section 139-9B(2)(b) (storage and warehousing) and additional Special Permit relief under Zoning By-law Section 139-9B(2)(a) and (c) to the extent necessary. The Decision allowed the use of a proposed structure and separate mixed-use structure (containing one apartment) for a total of eight self-storage units to be used for the "dead" storage of vehicles, boats and other goods and materials. Applicant now proposes to expand the rear structure by constructing two additional units and change the use of the units to active storage and warehousing for separate tradesmen's shops. The lot would continue to meet the open space, loading zone and parking requirements. Applicant also seeks the Modification of the Decision to substitute a new Exhibit A-I plan for the original Exhibit "A" attached to the Decision. The lot is conforming in all respects to the dimensional requirements of the Zoning By-law. The Premises is located at 136 OLD SOUTH ROAD, Assessor's Map 69, Parcel 39, Land Court Plan No. 14342-H, Lot 11. The property is zoned Residential-2. --d1C?s~jns~~~W---- THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 CASE NO.CO~ 07 FEE: $300.00 APPLICATION FOR RELIEF Owner's name(s): MNB, LLC Mailing address: 8 Harbor View Way, Nantucket, MA 02554 Applicant's name(s): Same Mailing address: Same c) u'\ ":1 n Locus address: 136 Old South Road Assessor's MaplParcel: 69/039 :':::J ::J 1",,) --" Land Court PlanlPlan Book & Page/Plan File No.: LC Plan No. 14342-H Lot No.: 11 Date lot acquired: 09/01/05 Deed Ref.lCert. of Title: 21904 Zoning District: RC-2 .:.:;.3 I . i ~ ,) Uses on Lot - Commercial: None_ Yes (describe) ,'f1 \,::) Residential: Number of dwellings 1 Duplex_ Apartments_Rental Rooms Building Date(s): All pre-date 7/72? or Building Permit Nos: 2005-704; 2005-705; 2005-0833 Previous Zoning Board Application Nos.: Special Permit (039-96) State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of the Zoning By-law, and supporting details, grOundJ~r grant of relief, listing any existing nonconformities: C of O(s)? Yes {Ssw G--~ cfu _OJ / I certify that the inform ion contained herein is substantially comPlete, and true to the bes,t of my / knowledge, under the p ins and penalties of perjury. . , ' " I I" I SIGNATURE: Applicant Attorney/Agent (If not owner or owner's at orttey;'})lease enclose proof 0 agency to bring this matter before the Board) d n FO Z FF CE USE Application received on: 1 L-/~lf\Z By: /I " \, y Complete: Need copies?:-~ Filed with Town Clerk:(z'/U .t:J(:fPlannin~ Board:'~~ Rvildint;, Dept.: / / TfYu}J(dJ Fee deposited with Town Treasurer:i.l;,]:J./JVL-By: ()sIJ5Waiver requested?:_Granted:_/_/_ Hearing notice posted'~ith:Town Clerk:\~Zr rdl!Mailed~ (L/Z~&'M:\~iic(t&..& )&l~ 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 Applicant is seeking a MODIFICATION of the Decision in BOA File No. 039-96 ("the Decision"), that granted reliefby SPECIAL PERMIT under Nantucket Zoning By- law Section 139-9B(2)(b) (storage and warehousing) and is further seeking additional Special Permit relief under Zoning By-law Section 139-9B(2)(a) and (c) to the extent necessary. The Decision allowed the use of a proposed structure and separate mixed-use structure (containing one apartment) for a total of eight self-storage units to be used for the "dead" storage of vehicles, boats and other goods and materials. Applicant now proposes to expand the rear structure by constructing two additional units and change the use of the units to active storage and warehousing for separate tradesmen's shops. The lot would continue to meet the open space, loading zone and parking requirements. Applicant also seeks the Modification of the Decision to substitute a new Exhibit A-I plan for the original Exhibit "A" attached to the Decision. The lot is conforming in all respects to the dimensional requirements ofthe Zoning By-law Town of Nantucket Web GIS - Printable Map Page 1 of2 Prop ID Address Owner Sale Date Sale Price Book/Page Lot Size Town of Nantucket Web GIS -2~Z' 6939 136 OLD SOUTH RD MNB LLC 8 HARBOR VIEW WAY NANTUCKET, MA 02554 09/01/2005 $1,400,000 C0021904 0.31 acres . NOT A LEGAL DOCUMENT a For general reference only: Important caveats which must be considered when using this data are available from the Nantucket GIS Coordinator. Qisclaimer 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 G,:)nnr;:1lnhir Tnfnrm?ltinn c::.vc;,:tpm (~Tc::.' rl?lt?lh?lC:p ~~ Town of Nantucket, Mass Map Composed http://host.appgeo.com/nantucketma/PrintableMap.aspx?Preserve= Width&Map Width= 17... 12/20/2006 Town of Nantucket Web GIS - Printable Map Prop ID Address Owner Sale Date Sale Price Book/Page Lot Size Page 1 of2 Town of Nantucket Web GIS 6939 136 OLD SOUTH RD MNB LLC 8 HARBOR VIEW WAY NANTUCKET, MA 02554 09/01/2005 $1,400,000 C0021904 0.31 acres NOT A LEGAL DOCUMENT For general reference only: Important caveats which must be considered when using this data are available from the Nantucket GIS Coordinator. Qisc!aJmer The information displayed on this or any other map produced by The Town of Nantucket is for reference purposes only. The Town of Nantucket does not guarantee the accuracy of the data. Users are responsible for determining the sUitability for individual needs, All information is from the Town of Nantucket (::;~f'lf1r;:mhi('" Tnfnrm:::.tinn c;,\/c:h:am (GTe::., rlAt:::th::tc:p <:::) ~~ Town of Nantucket, Mass Map Composed http://host.appgeo.comlnantucketma/PrintableMap.aspx?Preserve=Width&Map Width=43... 12/20/2006 PLOT PLAN FOR #136 OLD SOUTH RD. TO ACCOMPANY A ZONING BOARD OF APPEALS APPLlCA 770N IN NANTUCKE~ MASSACHUSETTS SCALE: 1"=20' DATE:DEC. 1, 2006 DEED REFERENCE: CERT#21904 PLAN REFERENCE: L.C.PL#14342-H ASSESSOR'S REFERENCE: MAP: 69 PARCEL: 39 PREPARED FOR: MNB, LLC NANTUCKET SURVEYORS LLC 5 WINDY WAY NANTUCKET, MA. 02554 69-~7 N/F KIM LARUE MOORE LC CERT 120,1~8 69-~6 N/F GREGORY M. MOORE LC CERT 120.802 :t I '" "i 't ... ~ <J ...; ~ (1$ ~ 69-:J8 N/F T &- R REAL TY TRUST LC CERT #17,996 I I I GWAIEl I ASPf(ALT / / / N 81"59'.30. w OLD @ ~T oR7RIC MANHOLE IJ--I'OtE APPRO..l7MA TEl. --- ARRO/lfiEAOY 2~0' TO ORI,,!, ROAD PARKING CALCULAllONS DWElliNG - RC-2 STORAGE AREA 2827/900 TOTAL SPACES REQUIRED TOTAL SPACES PROVIDED = 2 SPACES = 3 SPACES = 5 SPACES = 6 SPACES EXISlING OPEN SPACE : 35.5% :l: PROPOSED OPEN SPACE: 31.3%:l: NOTE: lOT 11 SHOWN HEREON IS SU8JECT TO AND HAS THE 8ENEFIT OF A SPECIAL PERMIT RECORDED AS l.C. DOC. 1/73786 CURRENT ZONING: RC- 2/DORMITORY MINIMUM LOT SIZE: 5,000 SQ. FT MINIMUM FRONTAGE: 40 FT FRONTYARD SETBACK: 10 FT SIDE AND REAR SETBACK: 5 FT ALLOWABLE G.C.R.: 50% EXISlING G.C,R.: 20.1% :l: PROPOSED G.C.R,: 24,2%:l: PROPERTY UNES SHOWN ARE TAKEN FROM RECORDED ~ DEED AND PlAN REFERED TO HEREON, 8UILDINGS /l MONUMENTS, ETC, ARE PLOTTED FROM FIELD MEASUREMENTS l~' N.B. 207/64 COPYRIGHT 8Y AN~YORS. llC 69-~5 N/F T &- R REAL TY TRUST LC CERT 1'8,866 69-11 N/F JOHN N. HOLLAND LC CERT /8.832 N-9386 ~, ~j '" Q: ::y l- f!) t{ ~ . . C> . o 0: I -r- -'~-t :lr ~? ~-..,..--?---....,...---_._-,-_.__.---...,~------_."":""_----_._.__. :~~, ~"3;~.( -'/0 ,'---.. . (- ~1"'3 O'~ ~ ~~ ~ , ~'t ,~i; ~ r----- - '\. "y" D " ^.- ~ '-., ..". '" ....~/..,., /, _:-):.- '" :..~~;> "::::'~r':.~(' '\-~ ). ,,~ ~ ~ '. -~, /, > 8-r " ',:- '"'...,.. "9' v _ J~ '- ~~ ",,'$>{'~/:: "L "'.. '" ..... ~/ / ~ :: '.... /;') ( ~Z~ '\.. / /, '-., / / "'.,.' c.,,< " ... / ~~ " I--:.{ ....- '( (qt. ~/( / ~ . ",/~/ ...... Z ' " , , , , L ~ 5 . . ~ ~ ~. :- l ; ~ i ! f i , H o B Z "' g ~ Ii ~ 1 ~ "'= Z~ O~ ;;; ~~ o 8 . .. .. Z 0 '000 OZt 3 i i ! .. , i ~.~~ 5"'1-. =~~z ~8~9 j2~~ Q.~~ ~~2~ ~~~ ~~~ .~O ~~~2 ~~g~ v-o(v~ l' ~ j \ C> C'1 .. C'J . , TOWN OF NANTUCKET 073786 BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: September ~O, 1996 To: Parties in Interest and. Others concerned with the Decisiori.'of the BOARD OF APPEALS in the Application of the following: Application No.: 039-96 Owner/Applicant: ERNEST J. J~XTIMER, TRUSTEE OF JAXTIMER REALTY TRUST 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. ,'- Michael J 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); ~139-321 (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. TOWN OF NANTUCKET 073786 BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Assessor's Map 69 Parcel 39 R-C-2 136 Old South Road Land Court Plan 14342-R Cert. of Title 15,288 At a Public Hearing of the Nantucket zoning Board of Appeals held at 1:00 P.M., Friday, July 12, 1996, in the Selectmen's Meeting Room, Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of ERNEST J. JAXTIMER, TRUSTEE OF JAXTIMER REALTY TRUST, of 75 Sturbridge Drive, Osterville, MA 02655, Board of Appeals File No. 039-96, the Board of Appeals made the following Decision: 1. Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law ~139-9B(2)(b) (storage and warehousing, including properly screened open storage of goods and materials). Applicant proposes to construct a self-storage facility on the vacant parcel that would contain eight (8) bays divided between two (2) buildings to be used for the storage of vehicles, boats and other goods and materials. The Lot will also contain one (1) apartment unit. The premises is located at 136 Old South Road, Assessor's Map 69, Parcel 39. The property is zoned Residential-Commercial-2. 2. The Decision is based upon the Application and materials submitted with it, and the testimony, site plan and evidence submitted at the Hearing. The Planning Board recommendation was favorable with certain conditions relating to the particulars of the parking area and hours of operation. One (1) abutter was present at the Hearing and expressed concerns about hours Of operation, screening and noise. 3. Applicant, through his attorney, represented that he wished to construct two (2) buildings as shown on the Site Plan prepared for E.J. Jaxtimer by Nantucket Surveyors, Inc., dated June 19, 1996, a copy of which is annexed hereto and marked as "Exhibit A". The rear building on the northerly side of the premises includes four (4) storage bays. The front building includes four (4) storage bays and a second-floor apartment. Six (6) off-street parking spaces, including one (1) handicapped accessible space, are to be located on the easterly side of the premises and a loading zone is to be located on the westerly side of the premises. An area of green space of approximatelY 4,595~ square feet is proposed between Old South Road and the front of the building, with vegetative screening along the sides and rear of the premises. The Lot includes approximately 13,868~ square feet, has 89.14 feet of frontage along Old South Road, and the proposed structures on the premises will comply with all pertinent zoning intensity regulations. 073786 4. The Board reviewed the Planning Board recommendation and suggested that the use of the storage facility be limited to passive storage and not active business uses. Further, the Board requested that the vegetative screening proposed along a portion of the rear property line, be extended along the entire rear lot line. 5. The Board finds that the proposed self-storage facility and one (1) apartment would be in harmony with the purpose and intent of the Zoning By-La,.,. 6. Accordingly, by a unanimous vote, the Board GRANTS the requested SPECIAL PERMIT under Nantucket Zoning By-Law ~139-9B(2)(b) to allow the use of the property as proposed SUbject to the following conditions: A) The proposed project shall he constructed in substantial conformance with the Site Plan prepared by Nantucket Surveyors, Inc., dated June 19, 1996, a copy of which is attached hereto and marked as "Exh i bit A"; B) The use of the proposed commercial storage bays is limited to passive, "dead" storage only and not for active commercial uses without further relief from this Board; C) Dense vegetative screening shall be planted and maintained along the entire rear lot line and westerly and easterly side lot lines and shall be no lower than three (3) feet in height, and the green space area shall be planted andmaintained as shown on Exhibit A; D) A paved driveway entrance apron, with a minimum length of twenty (20) feet, shall be constructed from Old South Road onto the premises. E) The parking area shall have a gravel surface and be maintained on an annual basis; F) Floodlights are prohibited due to the site's proximity to the Nantucket Memorial Airport; and G) Open storage of goods and materials are prohibited witbout further relief from this Board. Dated: , 1996 ~(lJfl~ Linda F. Williams \if? \'10~ ~ William Hourihan Mi ... ",,' , '. : ~.' ~'AfTEf\TttE OECISIO~ ~. T>SAl.f~. ,~. ....~.~."Of ..... ..TOWN'C....,LERK.... ~.ANOTH~s NOAPPEAlHAS~,' " no. -'J. f..,Df)~ 4O~,"11 ...... . , ~ '.', \~\J:;,'\! \)P " .- .:!.. ,- /. TIME: RECEIVED ' TOWN CLERK'S OFFICE NANTUCKET, MA 02554 SEP 20 1996 I ( : "55"' ,A;<-, /~ CLERK: .~ '.,l ..~ " ~~ ." , 'i' ..~:. "'..,.' I ,..... , "''''(,1, " \.. ./.1 ..~t(.~;;~i~.~..~,~..~( ). )' , - .~I ~ I 0' : ' , . 07~7~ v"''''~tl QIIlIt~1~.IUIIt~ l,.C ClAT """W11 """" .. .MQ;L .. 1I."J",,"~"""'; L,g tul ,.,tlll """"",AM.J1.t.3 ."......O(lIO .,.,.., ~Cl.otf"a.Noa ;.., ". co' ~' I I ~D I ~.'I 3' I I --./ ...... .:1.... ~ ". on ....., ......... """. .. " &AI &&1'_. """'.,'AIICB. ~ ~a::~ .,..., .. ,NtlZL " .~:r=- CI) ROAD APPROX'I,f A RO~~LOY 240' TO _ DRIVE ~ PROPOSED DENSE ~ SHRU8 SCREENING CURRENT ZONING: RESIDEN11AL COMMERCIAL 2 MINIMUM LOT SIZE: 5,000 SO. fT .' MINIMUM fRONTAGE: 40 FT FRONTYARO SETBACK: 20 FT SIDE AND REAR StTSACK: 5 F'T ALLOWABLE G.C.R.: 6,935 sa. fT OR 50? EXlSllNG C.C.R.: NONE .. PROPOSED G.C.R.: 2,909 50-. FT OR 217- REQUIRED CREEN SPACE: 2,774 sa. f'T PROPOSED CREEN SPACE: 4,595 SO. fT OR 337- f'OR PROPERTY UNE OElUlt,llNA nON THIS PlOT PlAN Rwn ON ClJRREHT DEtDS AIlO P\.AHS OF R~CORO. THIS PUH IS NOT REPREstNTtO TO BE A 'n1\.! EXAMIHA nON OR A RtCOADAlIU SlJR'w'tY. I IItR~8Y CERnFY TO THE BEST or I.IY KNOMiDC~ ll1A T 'IH~ PRE"ISES SHO"," ON nilS PUH AIl~ LOCATED 'M'lHI". 'IH~ .C. ZONE AS IlEUNEATED ON TIlE 'f1IIlol' lolAI' or COIolIIUNlTY NO. 2:l02JO; loCASS. U'ftcnvt: 8-3-88 IIY nit f'EOfRAL EloIERCEHCY loCANACf;IIEHT AGENCY. N.B. 107 130 FOR RE~IEW PLAN OF PROPOSED OWELUNG AND STORAGE BUILDINGS IN NANTUCKET. M"SSACHUSETTS SCALE: "-20' DATE: 6/19/96 DEED REfERENCE: LC CERT 15,268 PLAN REFERENCE: LC PL 14342H ASSESSOR'S REfERENCE: MAP: 69 PARCEL: 39 PREPARED FOR: E.J. JAXllMER NANTVCKET SURVEYORS INC. 5 WINDY WAY NANTUCKET, MA, 02554 N-5J69 "0";' 073786 OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: September ~O , 19 96 CERTIFICATE OF GRANTING OF ~~~~~R SPECIAL PERMIT (Massachusetts General Laws, Chapter 40A, Section 11) The BOARD ..OF APPEALS of the TOWN OF NANTUCKET, hereby cert i f ies tha t a YcOOXJc~xaoxctico::<< SPECIAL PERMIT has been GRANTED: To: (Owner/Applicant) Ernest J. Jaxtimer, Trustee of Jaxtimer Re~lty ~rust (039-96) Address: 75 Sturbridge Drive, Ostervil~e, MA 02655 affecting the rights of the Owner/Applicant with respect to land or building at: lin 01r'l ~ontn 'Rnot'l, ASRessor'smMa'9 69, Parcel 39, Lapq ("nnrt Plrln 14342-H Cert. of Title ~~OCXOCK<<*: 15,288 And the BOARD OF APPEALS further certifies that. the attac:.ecl Decision is a true and correct copy of its Decision GRANTING the X~~X~~~ SPECIAL PERt-lIT and that copies of the Decision ar::: c: all plans referred to in the Decision have been filed with the Plannin; Board and the Town Clerk. The BOARD OF APPEALS calls to the attention of the Owner/ Applicant that General Laws, Chapter 4~A, Section 11 (last paragraph) provides that no ~~>>Jl.!Jl!XJOXXSPECIAL PERl'-lIT, or any EXTENSION, MODIFICATION or RENEWAL thereof, shall take effect until (a) a CO?y of the Decision is certified by the Town Clerk that TWENTY (20) days have elapsed after the Decision has been filed in the office of the To~n Clerk and no appeal has been filed (or, if such appeal has been filed, that it has been dismissed or denied) and (b) the certified copy is recorded in the Registry of D~eds for the County of Nantucket and indexed in the grantor index under the name of the Owner of Record or is recorded and noted on the Owner's Certificate of Title. The fee for such recording or registering shall 'be paid by the Owner/Applicant ~j1lJ(j}~ r" 1 .-.. ~... \... ChairmCl c.o ~ t":) ~ ~ d z fo:- Z UJ ~ :J o o o ~ ke+- z ;,: ~ !J ~ ~- ./:j ~ {\a E ~ .!!J ~ \.. Iii.1 -- ~ Ll.. ~U) !~ d - ~ d .!l g2 :z: Z ~ 2'~ w fo:- .. CN 5 z 'z) - I- o ~ It W ~g u. 9 ~ ~ ~ 0 (",) w ~ au 0 u ::> Cl. > z () fA B(Y) 0 Cf) 0 ffi 0 VJ.. w a IlJ 0 ~ It ;z; --Is; 00 r- f\~ G ' Ut" <- RECEIVFC BOARD OF Town of Nantucket DEe 0 8 20D6 TOWN NANTUCI(ET, Zoning Board of Appeals LIST OF PARTIES IN INTEREST IN THE MA TIER OF THE PETITION OF: !'-'\. N D L'- C PROPERTY OWNER............................. .l........................................,........... MAILING ADDRESS.......... ~....... .\:\ ~ .~. ~.?~.....:!.:. ~.~......... .~.:.r(.(':.. \ ') \., \) L \) J \) "'- ~'\\- <\. 0 PROPERTY LOCATION...........................................................,.................. L \ - o~q ASSESSOR MAP/PARCEL.............................................................,........ ..... ~C\h\. APPLICANT.............. ................................................................,. .. ........... SEE ATTACHED PAGES I certify that the foregoing is a list of persons who are owners of abutting property, owners of land directly opposite on any public or private street or way; and abutters of the abutters and all other land owners within 300 feet of the property line of owner's property, all as they appear on the most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 40A Section 139-29B (2) V~I /1/ ;{tJtJ&, DATE ~t)~ ASSESSOR'S OFFICE Town of Nantucket ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 5 t>:~~~~~~~~~~~~~ ...... Q :r:: rs. I!tI rs. rs. ~ :r:: ~ Cl I3l (!) t!) (!) ~ 9gCiCiCiCigg~~~~~~ o r4 tIl r:a1 rzl r:a1 tI1 tIl Ul ~ ~2~~~~22~~~~~~~ .. ~ooooooo~~~~~~~ o zzzz OOOOOQlO k co N.OOtflfJ)OlOOUlrn nS MN..,.\oCX)MP') ill r-t ~ ..qt "*' .. r-I rt t>: tI1 ~ ~ ~ t!) 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