HomeMy WebLinkAbout013-07
TOWN .OF NANTUCKET
BO'ARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Da te: Ifpo ( y;
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To: Parties in Interest and, Others concerned with the,
-.,------'De-cTsion'Ho[ fhe BOARD OFl APPEALS in the Appl'ication of the
fOllowing:
Application No.: 0/2 - 0 7
Owner/Applicant: ;;;};~I\, :P'. -rrucPeJ ( m,.
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Enclosed is the Decision of the BOARD OF APPEALS which-~as
this day been filed in the office of the Nantucket Towb~
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. .
~reiv?----
WI en 5:; 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 ~139-301 (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
Map 69, Parcel 26.4
Zoned Residential Commercial - 2
12 Nobadeer Farm Road
Lot 68, LC Plan 26984- V
At a public hearing ofthe Nantucket Board of Appeals held at 12:00 noon, Friday,
March 16,2007, in the Conference Room of the Town of Nantucket Building, 2
Fairgrounds Road, Nantucket, Massachusetts, on the Application of JOHN F.
TRUDEL, III., of 11 Mizzenmast, Nantucket, MA 02554, Board of Appeals File No.
012-07, the Board made the following Decision:
1. Applicant is seeking MODIFICATION, to the extent necessary, ofthe SPECIAL
PERMIT relief granted in the Decision in BOA File No. 006-06 (the "Decision"), later
modified in the Decision in BOA File No. 029-06, that partially waived one parking
space and allowed the loading zone to be placed within the required five-foot easterly
side yard setback area and partially on the abutting lot and that were required for
Applicant's new retail store. In addition, Applicant is seeking new SPECIAL PERMIT
relief under Zoning By-law Section 139-9B(2)(i) (food processing, manufacturing and
packaging). Applicant now proposes to install an about 700 square-foot commercial
kitchen in the basement of the newly built structure in addition to the convenience store
on the first floor and an apartment on the second floor. There would be no expansion of
the footprint. The kitchen would be ancillary to the retail use on the first floor and used
for the preparation of foods to be packaged and sold as retail food items in the store and
by delivery to off-site locations. To the extent necessary, Applicant is seeking
modification ofthe Decision, particularly under Zoning By-law Section 139-18, to waive
an additional parking space should the Board feel such relief is necessary, given that the
kitchen is not a separate entity, and would be staffed by the retail store employees. The
Locus and new structure conform to all dimensional requirements ofthe Zoning By-law.
The Premises is located at the comer ofNobadeer Farm Road and Sun Island
Road and is shown as 12 NOBADEER FARM ROAD, Assessor's Map 69, Parcel 26.4.
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 a
favorable recommendation. Other than the presentation by the Applicant and his counsel,
there was no other public comment and there were no letters on file.
3. Applicant, through counsel and personal testimony, represented that he is
proposing to construct a commercial kitchen in the basement of his existing new mixed-
use building, which also contains a first-floor retail store and a second-floor apartment.
The commercial kitchen would be utilized as ancillary to the retail store use on the first
floor for the preparation of pre-packaged foods to be sold as retail food items in the store
and by delivery. The building is to be operated as a single entity with the employees of
the store also working in the proposed kitchen. These employees would live in the
apartment above store as well. Applicant argues that no addition parking is needed for the
kitchen. The Applicant also represented that he has discussed the proposed commercial
kitchen with many of his neighbors and stated that they had no concerns with this
application. The property is benefited by an original grant of special permit relief in the
Decision in BOA File No. 006-006, modified in the Decision in BOA File No. 029-06,
that allowed a parking space and the loading zone to be shared between the subject
property and the immediately abutting property to the east. There would be no change in
the site plan as a result of the addition of the commercial kitchen and Applicant is seeking
a waiver of any additional parking associated with the new kitchen space. However, to
the extent necessary, the Applicant is asking to modify the previous Decisions to waive
any additional spaces and new special permit relief to use the commercial kitchen for the
processing and packaging of food for retail sales.
4. Therefore, based upon the foregoing, the Board finds that the requested relief to
allow the use of the proposed commercial kitchen for the processing and manufacturing
of pre-packaged food items for retail sale in the on-site store and by delivery, is in
harmony with the general purpose and intent of the Zoning By-Law. The Board further
fmds that given that the kitchen is not a separate entity, and would be staffed by the retail
store employees, waiving the additional parking spaces required for the kitchen
employees would be in harmony with the general purpose and intent of the Zoning By-
law and finds that full compliance with the parking and loading zone requirements would
continued to be met in effect, and a modification of the previous parking waiver, to the
extent necessary, of any additional parking requirement due to the installation of the
kitchen, 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
MODIFICATION of the previous SPECIAL PERMIT relief granted in the Decision in
BOA File No. 006-06, as previously modified in the Decision in BOA File No. 029-06,
waiving any additional parking requirement of Zoning By-law Section 139-18; and by the
same vote, GRANTS the requested SPECIAL PERMIT relief under Zoning By-law
Section 139-9B(2)(i) to allow the use of a proposed commercial kitchen for the
processing and manufacturing of pre-packaged food items for retail sale in the on-site
store and by delivery. Relief is hereby conditioned upon the following:
a. Said relief shall be personal to the applicant/owner, John F. Trudel, III and
shall not run with the land. Should the ownership of the Premises be
transferred to another entity, not controlled by said applicant/owner, the relief
granted herein shall terminate, unless the Board votes to modify this Decision.
b. Conditions contained in the Decision in BOA File No. 006-06, as modified in
the Decision in BOA File No. 029-06, are in full force and effect and are
incorporated herein by reference.
6. In separate action, by a UNANIMOUS vote, the Board waives the site plan
review and approval requirements under Section 139-23 of the Zoning By-law.
Dated: April -3--, 2007
(7)tZ~
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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:
JOHN F. TRUDEL III, AND FOR NANTUCKET TRADING POST, INC., D/B/A
NANTUCKET TRADING POST
BOARD OF APPEALS FILE NO. 012-07
Applicant is seeking MODIFICATION, to the extent necessary, of the SPECIAL PERMIT
relief granted in the Decision in BOA File No. 006-06 (the "Decision"), later modified in the
Decision in BOA File No. 029-06, that partially waived one parking space and allowed the loading
zone to be placed within the required five-foot easterly side yard setback area and partially on the
abutting lot and that were required for Applicant's new retail store. In addition, Applicant is seeking
new SPECIAL PERMIT relief under Zoning By-law Section 139-9B(2)(i) (food processing,
manufacturing and packaging). Applicant now proposes to install an about 100 square-foot
commercial kitchen in the basement of the newly built structure in addition to the convenience store
on the first floor and an apartment on the second floor. There would be no expansion of the footprint.
The kitchen would be ancillary to the retail use on the first floor and used for the preparation of
foods to be packaged and sold as retail food items in the store and by delivery to off-site locations.
To the extent necessary, Applicant is seeking modification of the Decision, particularly under
Zoning By-law Section 139-18, to waive an additional parking space should the Board feel such
relief is necessary, given that the kitchen is not a separate entity, and would be staffed by the retail
store employees. The Locus and new structure conform 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 12 NOBADEER FARM ROAD, Assessor's Map 69, Parcel 26.4. The lot is shown as Lot
68 on Land Court Plan No. 26984-V. The property is zoned Residential Commercial- 2.
Aj@JA~ ~~.
Nancy J. Sevrens, C, irI:nafi
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
C.. ")Y
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APPLICATION FOR RELIEF
CASE No.dld -d ;:>
FEE: $300.00
Owner's name(s): John F. Trudel, III
Mailing address: 11 Mizzenmast, Nantucket, MA 02554
Applicant's name(s): Nantucket Tradin2: Post, Inc., d/b/a Nantucket Tradin2: Post
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Mailing address:
P.O. Box 2837, Nantucket, MA 02584
Locus address: 12 Nobadeer Farm Road Assessor's Map/Parcel: Map 69, Parcel 26.4
Plan Book & Page: 26984-V Lot No.: 68
Date lot acquired: 11/4/2005 Deed Reference: Certificate of Title No. 22,008 Zoning District: RC-2
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Uses on Lot - Commercial: None _ Yes (describe) retail convenience store
Residential: Number of dwellings 1
Building Date(s): All pre-date 7/72? no; 2006-2007
Building Permit Nos: 166-06 (construct modular)
Previous Zoning Board Application Nos.: 006-06(special permit for parkin2: and off- street 10adin2: relief)
029-06 (modification of special permit to amend site plan)
Duplex_ Apartments _ Rental Rooms_
C of O(s)? no, under construction
State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of
the Zoning By-law, and supporting details, gromids for grant of relief, listing any existing nonconformities:
SEE ADDENDUM ATTACHED
I certify that the information contained herein is substantially complete and true to the best of my
knowledge, under the pains and penalties of perjury.
Nantucket Trading Post, Inc., d/b/a Nantucket Trading Post, by its attorney
SIGNATU
(If not owne
Applicant Attorney/Agent X
ease enclose proof of agency to bring this matter before the Board)
FOR:?M OF\FICE USE ~
Application received on:Li~ y: 111 ~ Complete: . Need copies?:
Filed with Town Clerk:~/2~PlanDillg Board-:----t- I_Building DePt.._/_/~~.....)
Fee deposited with Town Treasurer:'Z f.2 PI By:L1 ~aiver requested?:_Granted:_/_/_
Hearing notice posted with Town Clerk: 2f?2JQ) Mailed: 2/22/G?I&Mi3> /.lJ:;;J2& 3/c.?'/~
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
12 Nobadeer Farm Road
Nantucket Trading Post, Inc.
Applicant is seeking to modify an existing Special Permit under
Nantucket Zoning By-law Section 139-9(B)(2)(i) (food processing, manufacturing
and packaging). Applicant proposes to install a commercial kitchen in the
basement of an existing structure (under construction) containing a retail
convenience store and apartment without expanding the footprint of the existing
structure. The kitchen would be ancillary to the retail use of the structure for the
preparation of foods to be packaged and sold as retail food items in the
convenience store and by delivery. The kitchen would be about 700 square feet,
replacing some of the ancillary storage space in the basement of the structure.
Applicant is also seeking relief by Special Permit under Section 139-18 to waive
an additional parking space that may be required by the installation of the
kitchen and an additional employee at peak shift. The lot and structure on the
Premises conform to all dimensional requirements of the Zoning By-law and the
existing retail and dwelling uses are allowed by right in this zoning district. The
owner of the Premises has previously received special permit relief from off
street parking and loading provisions of the Zoning-Bylaw (06-06 and 029-06) to
waive one required parking space and allow one conforming space and off street
loading to be located partially on abutting land with the benefit of an easement.
The Premises are located at 12 Nobadeer Farm Road, Tax Assessor's Map
69, Parcel 26.4, Lot 68 on Land Court Plan No. 29684-V. The Premises are located
in the Residential Commercial-2 zoning district.
Nantucket. Trading Post, Inc.
12 Nobadeer Farm Road
Locus Map
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Nantucket Trading Post, Inc"
12 Nobadeer Farm Road
Key to
Proposed
Basement
Plan.
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ITEM
NO QT'!' EQUIPMENT CATEGORY MANUFACTURER MOOE:L NUMBER
1 1 -l-Z" WNJ.. WOlMl'EQ SHELF ICes "'ETAI.. PROOUCTS WS$-1442
2 , WORK TAB4l I(CS !'cETA!. PRODUCTS WS-a~72-a
3 1 SIX BURNER RANgE VULCAN HART G311L
.. , Silt BURN~ RANGE vuLCAN HART ~IL
5 1 Fl..OOR fRYER prrco 5014$
0 1 Sl"RaDER T~ HAR80IJR "000 CI,IsTOM FMRICATE
. 7 1 l'C~-IN REl'lIIGEMTOR QE'ShlOW REfRtG. SM7/VL
8 1 EXHAUST HOOO HARBouR FOOD Cusrow IfABRICATE
$1\ I EXHMJST AAN AHO ouCTWoffic IiAABOUR FOOO CUSTOi.I '~ICAli
88 1 SUPPLY AIR f"AN AND eUCl'WORK HARBOUft FooD.. cum... FABRICATE
9 , fIRE SVPRESSlQN SYS'T[W AH.SU!. OR tQ(JAI.. R-102 Oft EQUAL
10 LOT STAINLESS STEEi. WAIJ. PANe:1. . TRIM HMBOUR FOOD CUSTOM FAIlRlc:,..TE
tl - -SPARE NUhlGER- - -
12 1 WALl. MOUN'!' HAND SINK KCS METAl. PRQQtJCl'S KCS...HS 1
13 LOT WIRE. ST6AAGe: SHELF UNrr ICes METAl.. PRODUCTS EPOXY. f'lNISH
134 LOT 116- HIGH POST Kes IoIET..... PROOUCTS EPOlCV Plio/ISH
14 I 3-COWPARTMtNTS~ KCS METAl. PRobuCTS KCS0311-1821-JRI.
,.... , SPLASH WOUNT WIICING f'~E:'I' T . S BRASS WORICS B-()23t-CC
15 , SP~H wO\.lNT PRE.....IHSE SPRIIY FAUCET T ., S IWSS WORKS 8-0133-8/8-01 :l6
16 , U" WAU. WOl,lWO SHW Kes Wf;'TAl. ~OOUCT$ wss-,....
17 , WORK T~U: KCS METAl.. PR'Ooucts WS-3OJO-B
lU, 1 7'" WAIl. MOlJtotm) SHElF I(Cll METAL FI~DU~ WSS-1471
18 1 ftEF'RIClEAATtO 'S.'.NOWICH PREP-UNIT BM'RAGE AtR , 5P50-1I15
111 , WORK TAll.E Willi 2-SINI<S .AND DRAwt:R KARBOU~ rooo , CUSTOM ,.;.sRICA 11
19,f. 1 SPlASH IoIQlJNT MllCING P'.wcf:1' T " S BRAss WORK5 B-0231-CC
20 1 72" WALl.. I.tOUN'f[O SMElJ KCS IoiETAI. P"OOUCTS WSS-1".7~
21 - -SPARE MINBER- . - -
22 l.OT WIRE $TOIWlE: SHELF UNIT KCS lIlETAI. PROOUCTs CHltOMr"NISH
22A t..QT 8G" I'lIGH POST ~ KCS WETA1, PROQUCTS CHROUt FlfolI$M
23 1 FREE STANDING J,40P /StlMCE SINK kCS. METAL PRODUCTS I<CS031e-l'''-I
234 1 SP~H wautir 1.I1)(INO FAUCfJ T .. 5 BRASs WORKS 8~'65-RGH
.1L .l.aY WIRE. STOAACE .SHELF. UNIt' ICes METAL PRODuCTS EPOXY FINISH ...
2.""- \.OT 7." HIGH POST I(CS IoltTA!. PROOUCl'$ EPOxY flNtSH
2~ - -SPARE NU"'8~.. .. -
21: , WAU<-4N COOl.E1VFREEZE'R a>10480 HARBOUR FOOD CUSTOM F~ICATE
2.B.4 I COOLCR EVAPORATOR F'AH COIL UNIT HARBOUR rooo .. CVSTOlot FAMtCA.Tt
2$8 1 COOLER REIotOTt CONOENSER UNIT HAR80UR FOOD custOM P'ABRICATt
26e I F'REE2E:R tv~OAATOR FAN COIL UNIT HAR80UIl . FOOD. cumw F;.aRt~1t
260 t fflEnER REMOTE CONDENSER UNtT HARBOUR ,.000 CUSTOM F';.BRICATt
27 . 1 OUNloWlE STORAGE RACK Nf.W .-at IND. 120$2
2& - --SPAAt NUMBER- - -
2.9 - -SPAAE. NUMBEll- .. ..
30 -. -sP~E N\I\,(8[R- - -
31 Mlu.wORK COU~A WmI SiNK -~OT IN CONTAACT- B'1' j,lIU.WOfll< CONTRACTOR ,
. ,
* J'^ 1 l.41Ll.WORK COtJNTER -HOT IN CONTRACT- 8Y MIU.WO~I( COt/'l'R,t,CTOR
3~ 1 l.411J(/CREAM OlSP~SER SIL.VER KINO ' 51<21101P
3~ , CUP IUD DISPENSER A.J. NffiINES (ROl,lNO-UP) LS-20 (11900328)
" J-l- 1 AlRPOT COFFEL BREWER -NOT IN CO~CT... B'1' OlliERS
.. J04A ~ A1RPOT DISPLAY STANO -NOT IN CONT1W:T- 9'( OTHERS
35 1 HCATED OISPI,AV CM1NEl' ~TCO CORP. QR3S0H-39[)
36 1 REFRIGERATED MERCHANDISER T1WE: FOOD SEfMCi COM-49ft!.
~7 1 REfflIGEAATEt> IoCERCtwlOIS~ TRUE FOOD SERVICE GOM-411RL
Je L.OT WIRE. STOAAOE SHELF UNIT ICes MOAL PROOUCTS CHROME FINISH
Jf\,4. LOT 74" HIGH POST l<CS "'ETAL PROOUCTS CHROMt fiNISH
EQUIPMENT SCHEDULE
lOwn or NanmcKet WeD lJl~ - rnmaDle Map
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Town of Nantucket Web GIS
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Prop 10
Address
Owner
69 29.4
14 NOBADEER FARM RD
MACGREGOR J BRUCE TR
C/O GUDDEN RICHARD J
TRST
37 CENTER STREET
NANTUCKET, MA 02554
[jOT {.:,. LEG,L\L DOCUr.1ENT
<=)
Sale Date
Sale Price
Book/Page
Lot Size
'-, ,; genera! reference only' < Inlportant
caveats Wr!lci^i must t:e considered vdlen
uSing this data are available frorn the
j\Jantucket GIS Coordinator.
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Town of Nantucket, Mass
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Prop ID
Address
Owner
69 29.4
14 NOBADEER FARM RD
MACGREGOR J BRUCE TR
C/O GUDDEN RICHARD J
TRST
37 CENTER STREET
NANTUCKET, MA 02554
NOT f.:., LEGAL DOCUfVlENT
'::=l
Sale Date
Sale Price
Book/Page
Lot Size
For geileral refel-ence onl/" Impollant
caveats "Ihich must be considered when
using this data are available from the
Nantucket GJS Coordinator,
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'--------.......
$0
COOn/762
0.52 acres
=':sc:aliTi~~r ThE- inro:Tn0Llor-; cJlspla',/ed on HilS or
othe:- [nap produced il1e TO'lvn of
[\Jantucket IS for referencE fJL.irpOSes only. The
of fJantucket does not guaraf~tee the
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Town of Nantucket, Mass
Map Composed
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JOHN F. TRUDEL III
11 MIZZENMAST
NANTUCKET, MA 02554
January 4, 2007
BY HAND DELIVERY
Nancy Sevrens, Chairman
Nantucket Zoning Board of Appeals
Two Fairgrounds Road
Nantucket, Massachusetts 02554
Re: Nantucket Trading Post, Inc.
12 Nobadeer Farm Road, Nantucket
Dear Chairman Sevrens:
Please accept this letter as my permission for Nantucket Trading Post,
Inc., to request to modify a Special Permit (BOA File No. 06-06 and No. 029-06)
to install a catering kitchen in a portion of the basement of my building at 12
Nobadeer Farm Road, Nantucket.
cc: Mr. Somwong K yomitmaitee
Paul S. Jensen, Esquire
Emily Avery, Esquire
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
::::JOVltXl rl,:{O, 200<P
To: Parties i~ Interest and. Others concerned with the
-tleerswn-of the BOARD OF APPEALS in the Application of the
following:
Owner/Applicant:
C;o(o-6(P
J9~ zr-. Tvvc2eJ
Appl ication 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.
~~....
.~.J.Lc.{ ..~
Chairman
cc: Town Clerk
Planning Board
Building Commissioner
4'.
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); Y139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
Map 69
Parcel29.4 (westerly portion)
Residential Commercial - 2
14 Nobadeer Fann 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 11 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
first 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 comer ofNobadeer Fann Road and Sun Island
Road and is shown as the westernmost portion of 14 Nobadeer Fann 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 comer 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 fmds 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 Natttu,Jrot 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 11 :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;l...o ,2006
Edward Murphy
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: /ho~rc1/l ?'G , 20 O~
To: Parties in Interest and Others concerned with the
. DecIsfon of the BOARD OF APPEALS in the Application of the
following:
Owner/Applicant:
o 29r-O Co
~r^-JY\ ? Tii"urPe f
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 _Decision must be given
to the Town Clerk so as to be received within such TWENTY
( 20) days.
(} n t(J^\ ,
~~~.. ~Ll~\A!J
t>cduJ. llJ ~
/
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 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 ofthe Nantucket Board of Appeals held at 12:00 p.m., Friday,
March 102006, 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 ofthe 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 comer 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.
Dated: March 2>-,3,2006
(;' -"
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Town of Nantucket
--
PHILBRI.CK AND AVERY LLP
'P.O. BOX 148
ZERO MAIN STREET, 2ND FLOOR
NANTUCKET, MA 02554 -
(?- - 'I ? - . ~.' I
~NIC- "Iou.
. .
ZONING BOARD OFAPPEALS
RECEIVED
BOARD OF ASSESSORS
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF
DEe 2 7 2006
TOWN OF
NANTUCKET, MA
PROPE~TY OWNER.. .'0!.ff.N... E.~ .~.ff.'.. ..1JI................ ......
MAl LING ADD RESS. .f..Q.~ .~.... ~~,( q, .7:.,...: N.P4,!y'(:./(,.ff)... O/./).
PROPERTY LOCATION.. /~./:o(~~.~~..fx:!.~..~p..e....... ....
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ASSESSORS MAPIP ARCEL..,.......I.. -::........ './......................................
A P PLI CA NT. #I? /l/TV.t;!.C:f.rr, .~.m:1l1c l'..~Y":~..! t':1?.: . ..... . . . '" '" " .
SEE ATTACHED PAGES
I cenify 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 139.
Section 139-29D (2)
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DATE
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ASSESSOR'S OFFICE
Town of Nantucket
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