HomeMy WebLinkAbout037-07
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: June
(
,2007
To: Parties in Interest and. Others concerned with the Decision of
the BOARD OF APPEALS in the Application of the following:
Application No.:
037-07
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Owner /Applicant: TIDAL CREEKS REALTY TRUST. MICHAEL T. ALLEN..!.,
TRUSTEE
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Enclosed lS the Decision of the BOARD OF APPEALS which has~this
day been filed with 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 a
complaint in Land 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.
\JUtl-JV01, ~ ~U)\CM~
Nancy J.~re s, Chalrman
cc: Town Clerk
Planning Board
Building Commissioner/Zoning Enforcement Officer
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT
AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING
BY-LAW SECTION 139-30 (SPECIAL PERMITS); SECTION 139-32
(VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD
OF APPEALS OFFICE AT 508-228-7215.
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 69
Parcel 48
Residential-Commercial- 2
3 Square Rigger Road
LC Plan l4342-K, Lot 29
Certificate of Title No. 20,399
At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1 :00 P.M.,
Friday, May 11, 2007, in the Conference Room, 2 Fairgrounds Road, Nantucket,
Massachusetts, on the Application of TIDAL CREEKS REALTY TRUST, MICHAEL
T. ALLEN, TRUSTEE, of PO Box 2981, Nantucket, MA 02584, Board of Appeals File
No. 037-07, the Board made the following Decision:
1. Applicant is seeking SPECIAL PERMIT relief pursuant to Nantucket Zoning By-
law Section 139-9B(2)(a), (b) and (c). Applicant proposes to construct a new about 3,748
SF commercial structure that would be used by the Applicant to construct his custom
made boats. There would be no retail sales from the property and the boats would be
constructed by the Applicant for his use. As there would be no on-site residential use that
the structure could be considered ancillary to, special permit relief is necessary in order to
have storage/warehousing and shop space in the structure on a lot by itself even though
not being used as a commercial business at this time. All required parking spaces and
loading zone would be provided on site. In addition, though only four spaces are required
for this use under Zoning By-law Section 139-18, a total of six spaces would be provided.
However, due to the narrowness of the lot, three of the parking spaces (including one of
the required spaces) would be located south of the loading zone space. Therefore,
Applicant is seeking relief by SPECIAL PERMIT pursuant to Nantucket Zoning By-law
Section 139-18 to allow the one required and two extra spaces to be technically blocked
by the loading zone space on the easterly side of the structure. The locus is conforming to
all dimensional zoning requirements.
The Premises is located at 3 SQUARE RIGGER ROAD, Assessor's Map 69,
Parcel 48, Land Court Plan No. 14342-K, Lot 29. 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 as the matter did not present with any planning concerns. Other than
the Applicant's presentation, there was no public comment for or against the application
either in person or on file.
3. Applicant explained that he was building an about 3,748 square-foot commercial
building in which he was going to build boats primarily as a hobby and there would be no
retail sales taking place at this time on the property. As there was no dwelling unit
proposed for the property, which the structure could be considered ancillary to, special
permit relief was required, even if the structure was not going to be used for commercial
purposes at the moment. The boat shop would be at the northerly front end of the
structure and the rear portion would have garage bays for storage and warehousing. All of
the four required parking paces would be provided on site, with provision of two
additional spaces. However, the conforming loading zone space would be blocking the
required fourth space on the easterly side of the structure, as well as the two extra spaces.
As a result Applicant was asking for relief to allow the parking configuration as
proposed. Applicant stated that the property was situated within a heavily developed
commercial area and the use as a shop, with storage and warehousing, would be
consistent with the uses in the immediate neighborhood, with many abutting properties
also benefited by similar grants of special permit relief from the Board of Appeals. No
outdoor storage of goods or materials is proposed at this time. Applicant stated that the
HDC had approved the structure. The structure would comply with all dimensional
zoning requirements as well as the 20% minimum green space requirement.
4. Therefore, based upon the foregoing, the Board finds that the use as proposed,
allowed by a grant of special permit relief pursuant to Nantucket Zoning By-law Section
139-9B(2)(a), (b) and (c), would be in harmony with the general purpose and intent of the
Zoning By-law. Additionally, the Board finds that the use proposed by the Applicant
would not inherently be in violation of Section 139-7E(4) of the Zoning By-law and such
use would be consistent with those in the area, which is substantially developed with
similar commercial businesses, a majority of which have been allowed through a grant of
special permit relief by this Board or the Planning Board. The Board further finds that a
waiver of one ofthe four required parking spaces would be in harmony with the general
purpose and intent ofthe Zoning By-law and would not be contrary to sound traffic and
safety considerations, particularly as six spaces would be provided on site, though three
would be located behind the loading zone space.
5. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested relief
by SPECIAL PERMIT pursuant to Nantucket Zoning By-law Section 139-9B(2)(a), (b)
and (c) (light manufacturing; storage and warehousing; fabrication and assembly of
component parts for off-site construction or use) to allow the commercial structure to be
used for Applicant's boat building activities; and by the same vote, GRANTS relief by
SPECIAL PERMIT pursuant to By-law Section 139-18 to waive one required parking
space. The relief is hereby conditioned upon the following:
(a) The siting of the structure, parking and loading zone shall be done in
substantial conformance with the "Site Plan", done by Edward Burnham,
Professional Engineer, dated April 11, 2007, a reduced copy of which is
attached hereto as Exhibit A;
(b) The building shall be constructed in substantial conformance with the
approval issued by the Historic District Commission in its Certificate of
Appropriateness No. 50,216, as may be amended from time to time;
( c) Any change in use shall require further relief from this Board; and
(d) The relief herein granted shall be particular to the Applicant's control of
the property.
6. In separate action, by a UNANIMOUS vote, the Board waived the site plan
review required under Zoning By-law Section 139-23.
Dated: June t , 2007
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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. MAY 11.2007. in the Conference Room, 2 FAIRGROUNDS ROAD, Nantucket,
MA, on the Application of the following:
TIDAL CREEKS REALTY TRUST, MICHAEL T. ALLEN, TRUSTEE
BOARD OF APPEALS FILE NO. 037-07
Applicant is seeking SPECIAL PERMIT relief pursuant to Nantucket Zoning By-law Section
139-9B(2)(a), (b) and (c). Applicant proposes to construct a new about 3,748 SF commercial
structure that would be used by the Applicant to construct his custom made boats. There would be no
retail sales from the property and the boats would be constructed by the Applicant for his use. As
there would be no on-site residential use that the structure could be considered ancillary to, special
permit relief is necessary in order to have storage/warehousing and shop space in the structure on a
lot by itself even though not being used as a commercial business at this time. All required parking
spaces and loading zone would be provided on site. In addition, though only four spaces are required
for this use under Zoning By-law Section 139-18, a total of six spaces would be provided. However,
due to the narrowness of the lot, three of the parking spaces (including one of the required spaces)
would be located south of the loading zone space. Therefore, Applicant is seeking relief by
SPECIAL PERMIT pursuant to Nantucket Zoning By-law Section 139-18 to allow the one required
and two extra spaces to be technically blocked by the loading zone space on the easterly side of the
structure. The locus is conforming to all dimensional zoning requirements.
The Premises is located at 3 SQUARE RIGGER ROAD, Assessor's Map 69, Parcel 48,
Land Court Plan No. 14342-K, Lot 29. The property is zoned Residential-Commercial-2.
(7; <llA\'7J:GQJs-P M~
Nancy J. Sevrens, rman
THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER
INFORMATION.
NANTUCKET WNING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MA 02554
CASE NO. 0 37-CJ7
FEE: $300.00
APPLICATION FOR RELIEF
Owner's name(s): holr't.. Ltl.-e. ek< r~A-t.T''''( ~"f. r} P1 U:.~"'-e I T Iff!"N "TE2vr r~~
Mailingaddress:J. D 8c))( 2J;tf'J ( N~rl7V~ I PIA-- 02~11'1
Applicant's name(s): Ad f ~ "'A.<e J T. ,4-//p",,"
Mailing address: Cs A-M c)
,
Locus address: 3 S V/A-1Le R rjft'/' R:,A--f} Assessor's MaplParcel:
Land Court PlanlPlan Book & Page/Plan File No.: 1'1'30/2. - K Lot No.:
Date lot acquired: 011 30 I () =Jo Deed RefJCert. of Title: 20 3Q'f Zoning District:
Uses on Lot- Commercial: None X"'Yes (describe) VA"j4.f'{T /-"'1'10
Residential: Number of dwellings Duplex Apartments
Building Date(s): All pre-date 7/72? or
Building Permit Nos:
Previous Zoning Board Application Nos.:
~e; /9'6
.
2.t1
Rc.-z
Rental Rooms
C ofO(s)?
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 no!!onformities:
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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.
SIGNATURE: ~ ' Applicant )( Attorney/Agent
(If not owner or owner's attorney, please enclose proof of agency to bring this matter before the Board)
FOR~~~FFICE USE
Application received on:i~r1Z- By: U V~ Complete: Need copies?:_\
Filed with Town Clerk:-=Et~Q] Planning Board: I I Buildin De t.: I ~vvzro
Fee deposited with Town Treasurer: By: Waiver requested?: Granted:-'-'_
Hearing notice posted with Town clerk:td;_If~b6). Mailed:.!:tJ~-'2I&M:~.d7 & s/I~2
Hearing(s) held on:-'-'_ Opened on:-'-'_ Continued to:-'-,_ Withdrawn?:-'-'_
DECISION DUE BY:-,-'_ Made:-'-'_ Filed wfI'own Clerk:-'_I_ Mailed:-'-'_
DECISION APPEALED?:_I-,_ SUPERIOR COURT: LAND COURT Form 4/03/03
ADDENDUM
Applicant is seeking special permit relief pursuant to Nantucket Zoning By-law Section
139-9B(2Xa), (b) and (c). Applicant proposes to construct a new about 3748 SF
commercial structure that would be used by the Applicant to construct his custom made
boats. There would be no retail sales from the property and the boats would be
constructed by the Applicant for his use. As there would be no on-site residential use that
the structure could be considered ancillary to, special permit relief is necessary in order to
have a storage/warehousing and shop space on a lot by itself even though not being used
as a commercial business.
All required parking spaces and loading zone would be provided on site. In addition,
though only four spaces are required for this use under Zoning By-law Section 139-18, a
total of six spaces would be provided. However, due to the narrowness of the lot, three of
the parking spaces would be located south of the loading zone space. Therefore,
Applicant is seeking special permit relief pursuant to Nantucket Zoning By-law Section
139-18 to allow the one required and two extra spaces to be technically blocked by the
loading zone space on the easterly side of the structure.
Town of Nantucket Web GIS - Printable Map
Page 1 of2
Town of Nantucket Web GIS
Sale Date
Sale Price
Book/Page
Lot Size
6948
3 SQUARE RIGGER RD
LARUE MARY LOU
TRUSTEE
PO BOX 117
NANTUCKET, MA 02554
08/05/2002
$0
C0020399
0.21 acres
NOT A LEGAL DOCUMENT
Q
Prop ID
Address
Owner
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
QLscJgimer 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
r;p.nnr:1nhir Tnfnrm;:!tinn c;,\/<:t"p.m (~Tc::.' rl.:=tl";1h.:=t<::p
~~
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Town of Nantucket, Mass
Map Composed
http://host. appgeo. comlnantucketmalPrintableMap. aspx ?Preserve= Width&Map Width=864... 4/9/2007
Town of Nantucket Web GIS - Printable Map
Page 1 of2
Town of Nantucket Web GIS
Prop ID
Address
Owner
6948
3 SQUARE RIGGER RD
LARUE MARY LOU
TRUSTEE
PO BOX 117
NANTUCKET, MA 02554
08/05/2002
$0
C0020399
0.21 acres
NOT A LEGAL DOCUMENT
Q
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.
Dls.C;!S!l[lli!x 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
Gp.nnr~nhir Tnfnrm~tjnn c::.\Ic;t/;:J.m (r:;Te::., rl~t.:=lh;:\c:;p
~~
Town of Nantucket, Mass
Map Composed
http://host. appgeo. comlnantucketrnalPrintableMap.aspx?Preserve= Width&Map Width=864... 4/9/2007
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Town of Nantucket
TOWN OF
NfilffiJOKEr; M'!~
Zoninl! Board of Anneals
LIST OF PARTIES IN INTEREST IN TIlE MAlTER OF TIlE PETITION OF:
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PROPERTY OWNER.....a.t.... .Wi..... ..:...., ~ ...... ..... ....il.:.d:.....
MAILING ADDRESS.... .............3.............. ~.... .................. .:' ;f} ..:... ~~...;t2 /
PROPERTYWCATION.........................~...I.C~....fl-i
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ASSESSOR MAPIPARCEL...........0.y-::.~ ............................. ............ ........
APPLICANT..............2'~ctd!...~.........._......_...
SEE ATIACHED 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 .fud all other
laDd owners within 300 feet of the property line of owner's property, all as they a~ on the
most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 40}i
Section I 39-29B (2)
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