HomeMy WebLinkAbout018-07
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 of the NANTUCKET ZONING BOARD OF APPEALS will be held at 12:00
P.M... FRIDAY. MARCH 16.2007. in the Conference Room, 2 FAIRGROUNDS ROAD,
Nantucket, MA, on the Application of the following:
LUCY HEHIR, TRUSTEE, ACH NOMINEE TRUST
BOARD OF APPEALS FILE NO. 018-07
The Applicant is seeking MODIFICATION of the Decision in BOA File No. 082-03, which
granted relief by SPECIAL PERMIT under Nantucket Zoning By-law Sections 139-9B(2)(a), (b)
and ( c) to operate a carpenter's shop on the first floor of the proposed new mixed-use building, with
one apartment on the second floor. At that time the proposal was to construct a future separate
cottage that would not need further relief from this Board. Applicant is now seeking to construct a
new commercial structure in its place that would be used in conjunction with Applicant's contracting
business. The structure would conform to all dimensional zoning requirements. The Locus is also
conforming to all dimensional zoning requirements and the required parking spaces and the loading
zone would be provided on site. All conditions contained within the previous Decision would be
maintained.
The Premises is located at 13 YOUNGS WAY, Assessor's Map 68, Parcel 329, Plan No. E-
86, Lot 30. The property is zoned Residential-Commercial-2.
/Z{(Ut~ (~.~
Nancy J. Sevrens, aifiilan
PLEASE NOTE THE CHANGE IN TIME FROM 1:00 PM TO 12:00 PM.
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.Of'6 -07
FEE: $300.00
APPLICATION FOR RELIEF
Owner's name(s): I4-G h N':O lY\ t't1 e ~ T vv s +- , tv ~..l"t j-/.dll" r 1 T vu,Tee.
Mailing address: f 0 &-1 Pc \ /3 fa ,cj - t . I .
Applicant's name(s): f)..a Yvr Cf (igflr r
Mailing address: {~_
I I /. 1 I
Locus address: 13 O'U 5 vvU' Assessor's Map/Parcel: (0<6 32r'f-
Land Conrt PlanlPlan B~k & Pa elPlan File .: ~ I an fJ Q E . ~ Lot No.: r 3 d
Date lot acquired:~1 S /QjDeed Ref.lCert. of Title: 'irGJ..? I Z 7 9 Zoning District: 12 . ~ 2-
Uses on Lot - Commercial: None ~ Yes (describe) ('tJjl'f7:~ c:/cf1J SA7 ·
Residential: Number of dwellings L Duplex _ Apartments_Rental Rooms
Building Date(s): All pre-date 7/72? or;(cm 1- 2cvS C of O(s)? P-
Building Permit Nos:
Previous Zoning Board Application Nos.:
O<?2-cG
State be~ow or on a separate ad~endum ~pecific relief sought (Speci.al P~r~t, Varia~c~, A@eal), S~~ti?~ of
the Zomng By-law, and supportmg detaIls, grounds for grant of relIef, IIstmg any eXlstmg noncon{.ornnbes:
:'..~
,~
(~O ifOG~& oc:9~~j
:::;0
I certify that the information contained herein is substantially complete and true to the best of my
knowledge, ~\,?a~n: penalties of perjnry.
SIGNATURE:~ c;;:::::-=---.., Applicant Attorney/Agent
(If not owner or owner's attorney, please enclose proof of agency to bring this matter before the Board)
~ FORJBAP!Jj' CE USE .....
Application received on: ~/ f'fYl By: LRJ&- Complete: ~Need copies?:
Filed with Town Clerk: Z/22~'PlaItftiB~m+--I-,_ Building DePt.:~~~ya4JJ )
Fee deposited with Town Treasurer: ~Z2/c:I2-By: ~ aiver requested? : _Granted: _/ ~_
Hearing notice posted with Town Clerk: Ztz2 P2-Mailed:U22P2--I&M: 3 LlC!{' & ~ n s!2
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
The Applicant is seeking MODIFICATION of the Decision in BOA File No. 082-03,
which granted reliefby SPECIAL PERMIT under Nantucket Zoning By-law Sections
139-9B(2)(a), (b) and (c) to operate a carpenter's shop on the first floor of the proposed
new mixed-use building, with one apartment on the second floor. That building has been
constructed and Applicant now finds that his business needs more room. At that time the
proposal was to construct a future separate cottage that would not need further relief from
this Board. Applicant is now seeking to construct a new commercial structure in its place
that would be used in conjunction with Applicant's contracting business. The structure
would conform to all dimensional zoning requirements. The Locus is also conforming to
all dimensional zoning requirements and the required parking spaces and the loading
zone would be provided on site. All conditions contained within the previous Decision
would be maintained.
Applicant states that there are several other properties in the same subdivision with two
commercial structures rather than one commercial and one residential structure. In
addition, there would be no apartment at this time over the new commercial structure.
Town of Nantucket Web GIS - Printable Map
Page 1 of2
Town of Nantucket Web GIS
^
Prop ID
Address
Owner
68 329
13 YOUNGS WY
WEINMAN RHODA H TR
ACH NOMINEE TRUST
PO BOX 1365
NANTUCKET, MA 02554
01/15/2004
$200,000
00869/0279
0.24 acres
NOT A LEGAL DOCUMENT
CJ
Sale Date
Sale Price
Book/Page
Lot Size
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
DJscl<;lil1'1<!r The inform<ltion displ<lyed on this or
<lny other m<lp produced by The Town of
N<lntucket is for reference purposes only, The
Town of N<lntucket does not gU<lr<lntee the
<lccur<lcy of the d<lt<l. Users <lre responsible for
determining the suit<lbility for individu<ll needs.
All inform<ltion is from the Town of N<lntucket
(.;,::)nnrAnhir Tnfnrm~tinn ~"c::t~m (GTe;, rlrltAh::iC::p.
~'" ~\4'
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~ 0
----~~
Town of Nantucket, Mass
Map Composed
http://host.appgeo.comlnantucketma/PrintableMap.aspx?Preserve= Width&Map Width= 172... 2/22/2007
....
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date, ;;h'flCJaV'1 9
, 200 t-(
To: Parties in Interest and Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.: 0 ff2--CA3
owner<APPlicant: S"fU1~ 15 (]r t,psllbtm //Jee Yrt/sr:
[()('/ f1dCJ. {don J " 7ros"le e- / an d -fOr .A. (!. H,
Yru~ (ja1ry de kh/r /Trv;/ee J Chrf'frac1(J&ckiei
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.
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 9139-301 (SPECIAL PERMITS); 9139-321 (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
.
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
Assessors Map 68
Parcels 231 and 232
Lot 30 in Planning Board File No, 6662
R-C-2
15/19 YOUNG'S WAY
Plan File I2D, Lots 5 and 6
Registry Plan No, 03-10
Lot 30
At a Public Hearing of the Nantucket Zoning Board of Appeals, held at 1:00 P.M.,
Friday, November 14,2003, in the Conference Room, Town Annex Building, 37
Washington Street, Nantucket, Massachusetts, on the Application of the STURGIS
PINES NOMINEE TRUST, LUCINDA YOUNG, TRUSTEE, AND FOR A.C.H.
TRUST, PATRICK HEHIR, TRUSTEE, CONTRACT PURCHASER, of PO Box
955, Nantucket, MA 02554, and PO Box 2787, Nantucket, MA 02584, respectively,
Board of Appeals File No. 082-03, the Board made the following Decision:
1. Applicant (Hehir) is seeking relief by SPECIAL PERMIT under Nantucket
Zoning By-law Sections 139-9B(2)(a), (b) and (c) to operate a carpenter's shop on the
first floor of the proposed new mixed-use building. The structure would contain one
apartment on the second floor and the Lot would also contain a separate cottage. The
Locus is conforming to all dimensional zoning requirements and all of the required
parking spaces and the loading zone would be provided on site.
The Premises is located at 15 YOUNG'S WAY, Assessor's Map 68, Parcel 231,
Plan File I2D, Lot 5 (and 6). The specific Lot is shown as Lot 30 in Planning Board File
No, 6662, endorsed December 9,2002. The property is zoned Residential-Commercial-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 finding that the matter did not present any issues of planning concern,
There was no opposition expressed on file or at the hearing and one abutter asked
questions of the Applicant.
3. The Applicant (Hehir) represented that the property was situated in a mixed-use
residential-commercial area and that there were several commercial businesses located
proximate the Locus, Applicant stated that an abutter in the same subdivision had
received similar relief for a similar project at the previous hearing. Applicant proposed to
construct a mixed-use building with the intent of using the first floor area in conjunction
with his carpentry business, with one apartment above. Should there be basement space
constructed that would be used for personal storage. A separate single-family dwelling
would be placed on the Lot that would not require any relief from this Board. There
would be no exterior storage of goods or materials related to the carpentry business. All
required parking spaces and the loading zone would be conforming and provided on site,
with screening provided for the Lot as shown on a rendering of a site plan done by
Vallorie Oliver, dated October 15,2003, a reduced copy of which is attached hereto as
Exhibit A The Locus is conforming in all respects and the proposed structures would
also conform to all zoning requirements. Applicant further represented that a Certificate
of Appropriateness had not been issued by the Historic District Commission as of the
meeting and asked that the site plan and square footage relative to the siting of the mixed-
use building be approximate and not exact.
4. Therefore, based upon the foregoing, the Board finds that the proposed use as a
carpentry shop with no outdoor storage related to it, is in harmony with the general
purpose and intent of the Zoning By-law. The Board further finds that a grant of relief
with conditions would be consistent with relief previously granted in many similar
applications, including within the subject subdivision.
5. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested relief
by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-9B(2)(a), (b) and
(c), to operate the business as proposed, upon the following conditions:
a. There shall be one commercial tenant in the mixed-use structure;
b. The improvements on the site, related to the screening, surfacing and
parking area, shall be done in substantial conformance with Exhibit A.
However, Exhibit A does not restrict the exact footprint of the mixed-
use structure so long as it remains conformity with the requirements of
the Zoning By-law and not require more parking spaces for the uses,
and all parking and loading zone requirements continue to be met
dimensionally, allowing some shifting ofthe areas;
c. Densely packed vegetative screening shall be planted and maintained
with a minimum height of four feet as shown on Exhibit A. Applicant
has the right to construct a solid board fence with a minimum height of
five feet rather than vegetative screening in either all or portions of the
perimeter where screening is required as marked;
d. There shall be no outdoor storage of goods and materials associated
with the commercial use;
e, There shall be no commercial activity on Sundays and the hours of
commercial operation shall be no earlier than 7:00 AM and no later
than 6 :00 PM;
f When heavy power equipment is being operated related to the
commercial business, all doors and windows in the shop area shall be
closed to avoid excessive noise and all such use shall cease after 6:00
PM; and
g, All commercially related parking shall be contained within the Locus
and not allowed to park in Young's Way.
6. In separate action, by a UNANIMOUS vote, the Board approves the site plan,
attached as Exhibit A, as required under Section 139-23.
~Dated: January 9, 200~
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NOV-05-2003 WED 11:46 AM WANNACOMET WATER COMPANY
FAX NO. 5083255344
P. 02
WANNACOMET WATER COMPANY
,
....
Nantucket Water Commission
Nelson K. Eldridge
Noreen SlaYltz
Davie! D. Worth
1 Milestone Road
Nantucket, MA 02554
Robert L. Gardner
General Manager
Telephone (508) 228-0022
Facsimile (508) 325-5344
www.wannacomet.org
November 5, 2003
Ms. Linda Williams
Zoning Board of Appeals
1 East Chestnut Street
Nantucket, MA 02554
By Tetefax
RE: 13 Young's Way
I have reviewed a site plan for the above referenced project prepared by Blackwell and
Associates dated November 4, 2003 offer the following.
I. The property is located within the Wellhead Protection District
2. The proposed gravel parking lot is well defUled, and will allow for the
controlled drainage of stonnwater to the areas of natural vegetation for
treatment and recharge.
Therefore, I find that this project does Dot have an adverse impact on the
groundwater quality and is hereby approved by the Wannaco.met Water Company under
~139-12B(3)(a) oCthe Nantucket Zoning By-law.
Sincerely,
WANNACOMETWATERCO~ANY
~~'-~
Robert L. Gardner
General Manager
Cc: Patrick Hehir
~ - 00
0,
RECEiVED
BOARD OF
FEB () 5 2007
Town of Nantucket
Zoning Board of Appeals
LIST OF PARTIES IN INTEREST IN THE MAITER OF THE PETITION OF:
. .~
PROPERTY OWNER......J2If.~4<...A....r~~...fi,
MAILING ADDRESS.....,.............................................................................
/0._~ "//} /
PROPERTY LOCATION.................... V>i..._;r;......f~..........
ASSESSOR MAP/P ARCEL........ 6. 8........~..~.7....................................
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)
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J(SSESSOR'S OFFICE
Town of Nantucket
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TOWN .OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: lpr2d: fP
, 200?
To: Parties
m -- -- -.-.]jeC" is IOn-m ol
following:
~
in Interest and. Others concerned wit~ the
--. .... ~ ..
the BOARD OFl APPEALS in the Appl.icatti,on of ::Johe
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";t'}.. ........
Application No.: (J. / f - 07 ;- 0
, .... ,.. \J
Ow~er / AP~1i cant: . (lJ. c Y 4eh I/' /T I1JS'V-e.e, j1H-tl ~
/lJOff)tlJef--" Tru>r
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.
Ani 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 wi thin such TWENTY .
(20) days. .
@rMt~~
/L!(PJ')1JJj J. - vens /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 U39-301 (SPECIAL PERMITS); 9139-321 (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
ZONING BOARD OF APPEALS
2 FAIRGROUNDS ROAD
NANTUCKET, MASSACHUSETTS 02554
Assessors Map 68
Parcels 329
RC-2
13 YOUNGS WAY
Lot 30, Plan No. E-86
Deed Book 869, Page 279
At a Public Hearing ofthe Nantucket Zoning Board of Appeals, held at 12:00
P.M., Friday, March 16,2007, in the Conference Room, 2 Fairgrounds Road, Nantucket,
Massachusetts 02554, on the Application of the LUCY HEHIR, TRUSTEE, ACH
NOMINEE TRUST, of PO Box 2787, Nantucket, MA 02584, Board of Appeals File
No. 018-07, the Board made the following Decision:
1. The Applicant is seeking MODIFICATION of the Decision in BOA File No. 082-
03, which granted relief by SPECIAL PERMIT under Nantucket Zoning By-law Sections
139-9B(2)(a), (b) and (c) to operate a carpenter's shop on the first floor ofthe proposed
new mixed-use building, with one apartment on the second floor. At that time the
proposal was to construct a future separate cottage that would not need further relief from
this Board. Applicant is now seeking to construct a new commercial structure in its place
that would be used in conjunction with Applicant's contracting business. The structure
would conform to all dimensional zoning requirements. The Locus is also conforming to
all dimensional zoning requirements and the required parking spaces and the loading
zone would be provided on site. All conditions contained within the previous Decision
would be maintained.
The Premises is located at 13 YOUNGS WAY, Assessor's Map 68, Parcel 329,
Plan No. E-86, Lot 30. The property is zoned Residential-Commercial-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 finding that the matter did not present any issues of planning concern.
There was no opposition expressed on file or at the hearing.
3. Applicant stated that the property was benefited by a previous grant of Special
Permit relief in the Decision in BOA File No. 082-03 (the "Decision") that allowed the
use of a then proposed commercial structure as storage and warehousing and for shop use
in conjunction with his contracting business. He stated that when he had planned his
project prior to the grant ofthe previous relief in 2003, he had intended to construct a
second building that would have been used as a single-family dwelling. He had
constructed his mixed-use commercial/apartment building pursuant to the Decision and
found that he needed more interior shop and storage space for his business. He asked that
the Board modify the previous Decision to allow him to build another commercial
building rather than the dwelling, and use it for his own business. There would be no
apartment contained in this new structure. He also asked to modify the Decision in order
to substitute new Exhibit A-I, the "Site Plan", done by Blackwell and Associates, Inc.,
dated February 5, 2007, a reduced copy of which is attached hereto as Exhibit A-I, that
showed the new building envelop and which had not received Historic District Approval
yet as the plans were still in the review process. All of the required parking spaces and
loading zone would continue to be provided on site. There would be no exterior storage
of goods or materials.
4. Therefore, based upon the foregoing, the Board finds that the proposed
modification of the Decision to allow a new separate commercial structure to be used in
conjunction with Applicant's business as a contractor's shop, and for storage and
warehousing, with no outdoor storage related to it, would be consistent with other uses in
the neighborhood, and would be in harmony with the general purpose and intent of the
Zoning By-law. The Board further finds that a grant of relief with conditions would be
consistent with relief previously granted in many similar applications, including within
the subject subdivision.
5. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested relief
MODIFICATION ofthe SPECIAL PERMIT relief granted in the Decision in BOA File
No. 082-03 under Nantucket Zoning By-law Section 139-9B(2)(a), (b) and (c), to
construct a separate storage building as proposed, upon the following conditions, which is
a reiteration of the previous conditions contained in the Decision except as herein
modified:
a. There shall be one commercial tenant on the property;
b. The improvements on the site, screening, surfacing and
parking area, shall be done in substantial conformance with new
Exhibit A-I;
c. Densely packed vegetative screening shall be planted and maintained
with a minimum height of four feet as shown on new Exhibit A-I.
Applicant has the right to construct a solid board fence with a
minimum height of five feet rather than vegetative screening in either
all or portions of the perimeter where screening is required as marked;
d. There shall be no outdoor storage of goods and materials associated
with the commercial use;
e. There shall be no commercial activity on Sundays and the hours of
commercial operation shall be no earlier than 7:00 AM and no later
than 6:00 PM;
f. When heavy power equipment is being operated related to the
commercial business, all doors and windows in the shop area shall be
closed to avoid excessive noise and all such use shall cease after 6:00
PM; and
g. All commercially related parking shall be contained within the Locus
and not allowed to park in Young's Way.
6. In separate action, by a UNANIMOUS vote, the Board approves the new site
plan, attached as Exhibit A-I, as required under Section 139-23.
Dated: April I (j , 2007
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David Wiley
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