HomeMy WebLinkAbout040-07
.1
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.:
040-07
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Owner/Applicant: RYAN CHADWICK
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Enclosed is the Decision of the BOARD OF APPEALS which has~his
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.
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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.
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
2 FAIRGROUNDS ROAD
NANTUCKET, MASSACHUSETTS 02554
Assessors Map 67
Parcel 117.1
Residential-Commercial- 2
18 Boynton Lane
Plan File l7-C, Lot 8
Deed Ref. 1075/157
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 the RYAN CHADWICK, of PO Box 2979, Nantucket, MA 02584, Board
of Appeals File No. 040-07, the Board made the following Decision:
1. The Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By law
Section 139-9B(2)(a) (light manufacturing) and Section 1 39-9B(2)(i) (food processing,
manufacturing and packaging); and to the extent necessary a MODIFICATION ofthe previously
granted relief in the Decisions of BOA File Nos. 112-88 and 044-03, which allowed the structure
to be used for storage, warehousing, fabrication and assembly of component parts for off-site
construction or use and most recently for the rental and sale of bicycles. No outside storage of
goods or materials was allowed and a maximum of two commercial tenants were allowed to
operate from the property. There is currently an apartment on the second floor of the structure.
Applicant seeks to validate the use of the first floor above grade for the existing wholesale/retail
delivery ice business, which has operated from the site for several years under the existing
permits and referenced in the previous Decision. A question has been raised that in order to
validate the use today, special permit relief would be necessary under the above stated sections
of the Zoning By-law. The locus would continue to comply with the parking and loading zone
requirements. There would continue to be a maximum of two commercial tenants using the
property. There is no expansion of the structure proposed as part of this Application. The Locus
is conforming in all respects with the dimensional requirements of the Zoning By-Law.
The Premises is located at 18 BOYNTON LANE, Assessor's Map 67, Parcel 117.1, Plan
File 17-C, Lot 8. 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. The abutter to the east was
represented by counsel and also appeared in person at the public hearing. They expressed
concerns primarily about the noise emanating from the exterior "water tower" and from the
exposed water pipes feeding the interior ice machines. They asked that the devise be moved to
the westerly side of the structure and asked that the exposed water pipes on the east side of
Applicant's structure be buried, insulated or removed from the surface of the ground. There was
one letter of concern on file from the abutter to the west asking that all parking related to the site
be moved off of Boynton Lane and onto the site.
3. The Applicant (Chadwick) represented that the Locus was benefited by two previous
grants of Special Permit relief in the Decisions in BOA File Nos. 112-88 and 044-03, which
allowed use of the lower basement level for storage and warehousing and fabrication for off-site
installation of component parts related to the then owner's irrigation business and subsequent use
of the basement for the rental and sale of bicycles, with a separate commercial tenant on the first
floor above grade, with an apartment on the second floor. Said Decisions restricted the
commercial use of the property to the interior portions of the structure. The property owner
stated that the other conditions, i.e., the maintaining of the required screening and all commercial
activity confined to the interior of the structure have been met and in fact additional planting has
been done. Applicant is now seeking a Modification of said Decisions to allow the first floor
above grade to continue to be used for the existing wholesale/retail ice delivery business. Though
not covered specifically in the original Decision in BOA File No. 112-88, this business was
specifically referenced as being present on the site operating from the first floor space in the
Decision in BOA File No. 044-03 and was no prohibited from continuing to operate under the
existing permits. Applicant stated that he had recently purchased the property and had run his ice
making business from the site for over five years without incident and had been licensed and
inspected every year without comment from any regulatory or permitted entity. In response to
the concerns expressed by the abutter, Applicant stated that he had already moved the water
tower to the west side of the building and he would remove the pipes from the surface of the
ground to eliminate the noise.
In addition, due to a new interpretation of the ice making use by the Nantucket Health
Department, Applicant was also seeking new special permit relief pursuant to Zoning By-law
Section 139-9B(2)(i), as the wholesale/retail ice delivery business is now considered food
processing and manufacturing. The Applicant noted that a previous grant of special permit relief
for a similar business in the same Residential-Commercial-2 zoning district in 2006 did not
require a grant of such relief for that Applicant. No customers would be allowed to come to the
site with all deliveries being made off-site. The commercial use of the first floor, including an
ancillary office space, separate commercial use of the basement and the residential use of the
second floor would not change. The on-site parking would continue to be provided as well as the
loading zone on the basement level. No expansion of the structure had been proposed as part of
this Application. The Applicant pointed out that the Locus is situated in a heavily developed area
in a commercial zone with many commercial establishments proximate the locus, many
benefited by similar grants of special permit relief by this Board or the Planning Board.
4. Therefore, based upon the foregoing, the Board finds that the Modification of the Special
Permit relief granted in the Decisions in BOA file No. 112-88 and 044-03 and grant of additional
Special Permit relief to allow the continued operation ofthe existing wholesale/retail delivery ice
business on the first floor above grade, while maintaining the existing uses in the basement, and
on the second floor, would be in harmony with the general purpose and intent of the Zoning By-
law and as presented would have little negative impact upon the neighborhood and no additional
parking spaces would be required. The Board notes that the locus is situated at the end of a dead
end street with several commercial establishments located proximate the lot and the uses on the
property would be consistent with those in the neighborhood, with little additional traffic as
customers were restricted from coming to the property. The Board further finds that the
relocation of the water tower to the westerly side of the structure and the altering ofthe water
pipes so as not to be exposed would lessen the impact on the abutter.
5. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested
MODIFICATION of the SPECIAL PERMIT relief granted in the Decisions in BOA File No.
112-88 and 044-03 to the extent necessary; and by the same vote, GRANTS further relief by
SPECIAL PERMIT pursuant to Nantucket Zoning By-law Section 139-9B(2)(a) (light
manufacturing) and Section 139-9B(2)(i) to allow food processing, manufacturing and packaging
related to the wholesale/retail ice delivery business based upon the following conditions, which
also incorporate the relevant conditions from the original Decisions as amended:
a. The water tower shall be moved to the westerly side of the structure and
be screened;
b. The exposed water pipes feeding the water tower and interior ice making
machinery shall be buried, insulated or altered so not to be exposed on the
exterior of the structure;
c. There shall be no customers coming to the site to rent or buy bicycles and
all bicycles shall be delivered to off-site locations;
d. There shall be a maximum of two separate commercial tenants operating
from the structure and the apartment shall be maintained on the second
floor, unless further relief is granted by this Board;
e. The existing screening shall be maintained; and
f. Commercial activity shall be confined to the interior of the structure.
6. In separate action, by a UNANIMOUS vote, the Board waived the site plan review
requirement pursuant to Nantucket Zoning By-law Section 139-23 for this Application.
~~
Da a WIley \
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:
RYAN CHADWICK
BOARD OF APPEALS FILE NO. 040-07
The Applicant is seeking relief by SPECIAL PERMIT pursuant to Nantucket Zoning By-law
Section 139-9B(2)(a) (light manufacturing) and Section 139-9B(2)(i) (food processing,
manufacturing and packaging). To the extent necessary, Applicant is also seeking MODIFICATION
of the previously granted relief in the Decisions in BOA File Nos. 112-88 and 044-03, which
allowed the structure to be used for storage, warehousing, fabrication and assembly of component
parts for off-site construction or use and most recently for the rental and sale of bicycles. No outside
storage of goods or materials was allowed and a maximwn of two commercial tenants were allowed
to operate from the property. There is currently an apartment on the second floor of the structure.
Applicant seeks to validate the use of the first floor above grade for the existing wholesale/retail
delivery ice business, which has operated from the site for several years under the existing permits
and referenced in the previous Decision. A question has been raised that in order to validate the use
today, special permit relief would be necessary under the above stated sections of the Zoning By-
law. The locus would continue to comply with the parking and loading zone requirements. There
would continue to be a maximum of two commercial tenants using the property.
The Premises is located at 18 BOYNTON LANE, Assessor's Map 67, Parcel 117.1, Plan
File l7-C, Lot 8. The property is zoned Residential-Commercial-2.
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Nancy J. Sevrens,. . an
THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
AL TERNA TIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER
INFORMATION.
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FEE't~300.00
NANTUCKEt ZONING BOARD OF APPEALS
" ,. 1 EAST CHESTNUT STREET
NANTUCKET, MA 02554
CASE NO.Q1iJ-O 7
APPLICATION FOR RELIEF
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Applicant's name(s): L_\(f~) . .
Mailing address: -- r:. r anzo ) .
. Loeus . address: Ie... & l//J '/dn. /0 h 0 Assessor's' MaplPareel, (;, 7. 7 II 7, ~
Land Court PlanlPlan Book . PagelPlan File No.: 17 -- ('f.... . Lot No.: ~
Date lot acquired::::!-J -.LV 07Deed Ref./Cert. of Title: ./IJ '?S 1157 Zoning District: te (! .,.~
:Uses on Lot- Commercial: None_Yes (describe) t, '/{p ~n'loJ/q:-(t'(L/}1an(;;I' /~; ;$l;J f'/ i;;
Residential: Number of dwellings-L- Duplex----.: Apartments~Rental Rooms
. BulldingDate(s):Allpre-date7172? ~r /??~ CofO(S)?
Bllilding Permit Nos:
Previous Zoning Board Application Nos.:
State below or on a separate addendum specific reli~f sought (Special Permit, Variance, Appeal), Section of
the Zoning By.;.faw, and supporting details, grounds for grant of relief, listing any existing nonconformities:
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I certify that the information contained herein is substantially complete and true to the best of my
knowledge, under th;~ and ~enalties of perjory.
SIGNATURE: ~ ~ __ Applicant x: Attorney/Agent
(If not owner 0-( owner's attorney, please enclose proQf f agency to bring this matter before the Board)
FOR' BA F ICE USE ,,~.......
Application received on:!1.JtotcJ) By: Complete:~Need c?-pies?:
Filed with Town Clerk:!iJ?:t./([)Plan~aard:_/ /_ Buildiag D@Ft:_/~_ By:k~
Fee deposited with Towo Treasurer:i~~ By,~ Waiver requested?,_ Granted:_I_I_
Hearing notice posted with Town Clerk:1/_~Mailed:.!/2("(QI&M:~ 2U.g&~J30;2
Hearing(s) held on:_/_/~Openedon:_I_I_ Continued to:_I_I_Withdrawn?:_/_/_
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ADDENDUM
The Applicant is seeking relief by SPECIAL PERMIT pursuant to Nantucket
Zoning By-law Section 139-9B(2)(a) (light manufacturing) and Section 139-9B(2)(i)
(food processing, manufacturing and packaging). To the extent necessary, Applicant is
also seeking MODIFICATION of the previously granted relief in the Decisions in BOA
File Nos. 112-88 and 044-03, which allowed the structure to be used for storage,
warehousing, fabrication and assembly of component parts for off-site construction or use
and most recently for the rental and sale of bicycles. No outside storage of goods or
materials was allowed and a maximum of two commercial tenants were allowed to
operate from the property. There is currently an apartment on the second floor of the
structure. Applicant seeks to validate the use of the first floor above grade for the existing
wholesale/retail delivery ice business, which has operated from the site for several years
under the existing permits and referenced in the previous Decision. A question has been
raised that in order to validate the use today, special permit relief would be necessary
under the above stated sections of the Zoning By-law. The locus would continue to
comply with the parking and loading zone requirements. There would continue to be a
maximum of two commercial tenants using the property.
In the previous Decision in BOA File No. 044-03, reference had been made to the
existing ice manufacturing and delivery business with ancillary office space on the first
floor above grade. No additional relief was required to continue to operate this specific
business and it has operated without issue for the past five years. Since that time, the
Nantucket Health Inspector has ruled that the manufacturing of ice is considered food
processing, manufacturing and packaging. The Applicant now seeks the appropriate
special permit to reflect that change in interpretation in order to continue to operate the
business. No clients corne to the structure for ice and all ice is handled by delivery only.
To eliminate any further question, Applicant is also seeking special permit relief under
139-9B(2)(a) (light manufacturing) as the property already is benefited by a previous
grant of special permit relief under companion Sections 1 39-9B(2)(b) and (c) for the
commercial shop space in the basement. There would be no change to the structure at this
time and the parking and loading zone would continue to be provided on site. There
would be no more than two separate commercial businesses operating from the site as
conditioned in the previous Decision.
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
67 117.1
18 BOYNTON LN
HUFF EILEEN B &
KASCHULUK J TRS
18 BOYNTON LN
NOMINEE TRUST
PO BOX 2890
NANTUCKET, MA 02584
05/03/2002
$300,000
00754/0267
0.15 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.
Qis_dalme.r The information displayed on this or
any other map produced by The Town of
Nantucket is for reference purposes only. The
Town of Nantucket does not guarantee the
accuracy of the data. Users are responsible for
determining the suitability for individual needs.
All information is from the Town of Nantucket
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Town of Nantucket, Mass
Map Composed
http://host. appgeo. comlnantucketmalPrintab 1 eMap .aspx ?Preserve= Width&Map Width=864... 4/2312007
Town of Nantucket Web GIS - Printable Map
Page 1 of2
Town of Nantucket Web GIS
Sale Date
Sale Price
Book/Page
Lot Size
67 117.1
18 BOYNTON LN
HUFF EILEEN B &
KASCHULUK J TRS
18 BOYNTON LN
NOMINEE TRUST
PO BOX 2890
NANTUCKET, MA 02584
05/03/2002
$300,000
00754/0267
0.15 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.
Dlsl;lij.l!IleI 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:;pnnr:::.nhir Tnfnrm~ti()n C:::vc::tjQ.m rr.;TC:::' rl;:tt;::th;:tc::p
~~
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Town of Nantucket, Mass
Map Composed
http://host.appgeo.comlnantucketmalPrintableMap.aspx?Preserve= Width&Map Width=216... 4/23/2007
Town of Nantucket Web GIS - Printable Map
Owner
Sale Date
Sale Price
Book/Page
Lot Size
67 117.1
18 BOYNTON LN
HUFF EILEEN B &
KASCHULUK J TRS
18 BOYNTON LN
NOMINEE TRUST
PO BOX 2890
NANTUCKET, MA 02584
05/03/2002
$300,000
00754/0267
0.15 acres
Page I of2
Town of Nantucket Web GIS
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.
Qts.c@i1:ner 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
(;j::Innr.=lnhir Tnfnrm.=ltinn c;\lc:::h:::.m (GTe::) r1.=lt.=lh;:!c;::p
~~
~-
Town of Nantucket, Mass
Map Composed
http://host.appgeo . comlnantucketmalPrintabl eMap.aspx?Preserve= Width&Map Width=8 64... 4/23/2007
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Plot Plan to Accompany
Board of App~als Application
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Nantucket, j{ assachusetts
SCALE: 1"=lq DATE: JUNe- U,I 1.jJ(/?
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ORIGINAL SIGNED AND STAMPED COPIES OF lHIS PlAN MAY BE
PHOTOCOPIED BY THE BOARD OF APPEALS OR THE NANlUCKET
COUNlY REGISTRY OF DEEDS FOR RECORDING PURPOSES.
IN CASES OF DISCREPANCIES REGARDING INFORMATION CONTAINED
HEREON AND UNAUTHORIZED PHOTOCOPIES OF THIS PlAN, ONLY
ORIGINAlLY STAMPED AND ENOORSEDED COPIES SHAll BE
ACKNOWLEDGED BY THE CERllfYlNG lAND SURVEYOR.
lHlS PLOT PlAN W~ PREPARED TO ACCOMPANY AN APPlICATION
TO THE NANlUCKET BOARD OF APPEALS AND IS NOT TO BE
CONSIDERED A FULL INSTRUMENT SURVEY.
THIS PlAN SHOlIlD NOT BE ~m TO ESTABlJSH PROPERTY UNES.
FENCES, HEDGES OR ANY OOUARY STRUCTIJRES ON THE PREMISES.
THE PROPERlY LINES SHOWN RElY ON CURRENT DEEDS AND PlANS
OF RECORD.
THIS PLOT PlAN IS NOT A CERTIFICATION ~ TO TO THE TITlE OR
OWNERSHIP OF THE PROPERTY SHOWN. OWNERS Of ADJOlNING PROPERTIES
ARE SHOWN ACCORDING TO CURRENT TOWN Of NANTUCKET ~SESSOR
RECORDS.
THIS PlAN MAY NOT BE USED FOR ANY OTHER PURPOSE THAN ITS
INTENDED USE NOTED ABOVE.
'Blackwell .Ie Associates Inc. FBK.:
BLACKWELL d: ASSOCIATES, Inc.
ProJessicmal 14nd SUnJ81JO'f'S
20 Teasdale Circle
Nantucket, Massachusetts 02554
(508) 228-9026 B-~/~o
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANfUCKET, MASSACHUSETTS 02554
Date:
~\
II
, 200..3
. -
To": Parties in Interes-t and, Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
fOllowing:
Application N<?: 0 W-02>
bwner/APPlicant;J 8' BtJ~ (OnJ2... lUom Jr.ee TYtRr
~~b;;:~;~~~~;;~
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 Lavs.
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.
~~:rb\~~L~~
. . J eh~i:rman
.cc: Town C-lerk
, .' ". . " PlcUUlin~j' Board
.' . - .'.BU'~'iitii1g Commissioner
'-.
. ,PLEASE NPTE: f(OST SPECIAL PERMITS AND VARIANCES HAVE A TIME
-,"-;~s.~lft.}l'ANJ> WILL EXPIRE IF NOT ACTED UPON . ACCORDING" TO NANTUCKET
'z~I!"%..a 'JW:-LAW 1139-301 (SPEC~ PERMITS) J 1139-321 (VARIANCES)
. ,~";O~~~~IONS, PLEASE CALL THB NANTUCKET ZONING BOARD OF APPEALS.
.* ~rJ\J.:".:.~.' . .
BOOK 84 2PAGE0224
TOWN OF NANIUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
Assessors Map 67
Parcel 117.1
R-C-2
18 Boynton Lane
Plan File 17-C, Lot 8
Deed Ref 7S4n.67
At a Public Hearing of tile NDDtucket Zoning Board of Appeals, held at 1:00 P.M.,
Friday, June 13, 2003, in the Conference Room, Town Annex Building, 37 Washington
Street, Nantucket, Massachusetts. on the Application of the 18 BOYNTON LANE,
NOMINEE TRUST, JEFFREY KASCHULUK AND RlT .BEN HUFF, TRUSTEES,
O~ AND FOR HANS DALOAARD, LESSEE, of PO Box 2890, Nantucket, MA
02584, and PO Box 3399, Nantucket, MA 02584, respectively, Board of Appeals File
No. 044-03, the Board made the following Decision:
I. Applicants are ~ reJiefby SPECIAL PERMIT under Nantucket Zoning By_
Jaw Section 139-9B(2)(1) (rental or sale of bicycles); and to the extent necessary a
MODIFICATION oftbc original SPECIAL PERMIT relief granted in BOA File No.
112-88, which allowed use of the lower, basement level for storage and warehousing and
filbrication ibr otf-site joshIllati()n of component parts related to the OWDCJ"S irrigation
business, which would include a substitution of a new Exhibit A Applicant (DaIgaard)
proposes to use the basement area for his rental ofbieycles, which are delivered to
customers off-site. The first floor area is currently being used ibr an ice delivery business
and ancillary office, and would remain unchanged. The second floor apath.ut;nt would
also be lllAi~b1ed. There is no expansion of the structure proposed as part oftbis
Application. The Locus m conforming in all respects with the dimensional requirements
of the Zoning By-Jaw.
The Premises is located at 18 BOYNTON LANE, Assessor's Map 67, Parcel
117.1, Plan File 17-C, Lot 8. The property is zoned Residentia1-Commercia1-2.
2. The Decision is based upon the Application and the materials submitted with it
and the testimony and evidence presented at the Hearing. The P1a.nn~g Board made no
recommendation findi"8 that the matter did DOt present any issues ofp~g CODCel11..
There were no letters on file.
3. The property owner (Kaschuluk) represented that the Locus was benefited by a
mvious.,"~ofSpecial Permit relief in the Decision in BOA Fde No. 112-88, which
,..;.' ~iJlfl~~il(1:he lower basement 1evelibr storage and warehousing aDd mbrication for
. ".:-';' '" ~Ptr:~\~1tfition of component parts related to the owner's irrigation business. Said
:..~ II....... ." ~ .'~ '. : (!," ~., .
:.~. -.~'/:~!Oi;t~ the commercial use of the structure to the interior portions. Reliefwas
. ..:: I(:! .'~~upon a rudimentary site plan and the owner now wished to substitute a
.' - ';... :)~ ~iL~J,' it 'Plot Plan to Accompany Board of Appeals Application", done by Leo
; .,~ '. ASaSoOriali; 9fB18ckwell and Associates, Inc., dated June 6, 2003. a reduced copy of
. :., ".>~h iS~. hereto and marked as Ex:Ju"bit A. The property owner stated that the
" . ..'.. .~~ Le., the maintaining oftbc required screening aDd all commercial
. .. ~.~~ to. the interior have been met and in fact additional planting has been
done. AppliC8Jilt (DaIgaard) was now seeking a Modification to aI10w the basement space
to be used for a bike rental establishment, which is not covered by the original storage
._-----~_. '......-.....-..-----..
BOOK 842PAGE0225
and warehousing relief granted, with Zoning By-Jaw Section 139-9B(2) containing
subsection "I", requiring separate Special Permit relief for the specific purpose for the
'~nta1 or sale of bicycles..." The Applicant is a lessee of the property owner and wished
to conduct his bike rental business from the basement area No customers would be
allowed to come to the site with all rental bikes delivered oft:.site to them. The Applicant
owns an established business and does not list the address of their location to prevent
potential customers ftom coming to their site, and showed proof of that dat"1"'ent by
producing their ad in the phone book.lfa bike were to be sold it would.also be delivered
to the customer. The commercial use of the first lloor and residential use of the second
floor \\OUld not change. The on-site parking would continue to be provided as well as the
loading .moo on the basement leveL There is no expansion of the structure proposed as
part oftbis Application. The property owner pointed out that the Locus is situated in a
heavily developed area in a commercial zone with many commercial estahli!lllunents
proximate the Lot, many benefited with Special Permit relief granted by this Board or the
pbmnillg Board.
4. Based upon the foregoing, the Board finds that the Modification of the Special
Permit relief granted in. the Decision in BOA File No. 112-88 and grant of additional
Special Permit reJiefto allow the bike rental business to operate ftom the basement level,
which could include sale of bikes fur oft=.site delivery, while mAintAining the existing
uses on the first and second floors, would be in harmony with the general pwpose and
intent of the Zon1. By-law and as presented would have little negative impact upon the
neighborlJood aDd DO additional parking spaces would be required. The Locus is situated
at the end of a dead end stIeet with several commercial establishments located on it, and
with customers restricted from coming to the property, would generate little additional
traffic. The Board further finds that the provision of a new corrected surveyed site plan
would be beneficial.
5. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested
MODIFICATION of the SPECIAL PERMIT reHef granted in. the Decision in BOA File
No. 112-88 to allow substitution of a new Exhibit A, and anew SPECIAL PERMIT
under Nantucket Zoning By-law Section 139-98(2)(1) to allow the rcnta1 and sale of
bikes from the basement level, based upon the following conditions, which also
incorporates the relevant conditions ftom the original Decision as amended:
a. There shall be DO customers coming to the site to n:nt or buy bicycles
and all bicycles sball be delivered o~site;
b. There shall be a maximum of two separate commercial tenants in the
structure and the apartment sball be mairttained on the second. floor~
unless further relief is granted by this Board;
c. The new site plan sball be as substantially shown on the new Exhibit
A;
'd. The existing screening shaD be mairmtined; and
e. The commercial activity sball be confined to the interior of the
structure.
BOOK 842 PAGE0226
6. In separate action, by a UN ANIMOUS vot~ the Board waived the site pJan
review requirement under Section 139-23 for this Application.
~ July n . 2003 ;~
\J~ 1~ ~~
Nancy J. y
Dale Waine
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If CIQS ~ '1RIiMlIClIl ClIfrMED Ncmtuckd, Jlassao1wsetts
tfJlEaC AID . ':fS 1NI$ ~ MY
~:NID ~;COI'IES SIWt lIE . I :no .&
. . . . It 1HE CERIJWiG ~~. . SCALE: 1 =I'? MTE:uvNI" ~, ~
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:!lEI:lllI&,... ').I.'~';''';'~''~ . . ~' , DEEDS AN) PlMS Tax Map: ~1;{17.J. 1:ocus:~Lr> .9.~.Hf~ .1:'1':I'.
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1tI5 PLOt _.~tc~ 10 lIE 1IIlE OR
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1tI5 PlAN ~y NOT lIE usm Fat Nl1 OIlER fIUIPOSE 1IWt R'S
II'IOIlED lISt IfJTEJ) NJI:NE.
.. ........ Inc.
BIJ.CKUU, ~ ASSOClAUS, Inc.. .
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20 2'Madale Circle
N~ lIassachusetts 02664-
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
January 31, 1989
File No. 112-88
To: Parties in interest and others
Re: Decision in the Application of:
JEFFREY KASCHULUK
Enclosed is the decision of the Board of Appeals which has this
day been filed with 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 court within
twenty (20) days after this 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.
w~~~rf~1b~
cc: Building Commissioner
Planning Board
Town ClerJ<
,
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
At a public hearing on Friday, January 13, 1988, at
1:00 p.m. in the Town and County Building, Nantucket, on
the Application (112-88) of JEFFREY KASCHLUK having an
address at P.o. Box 2890, Nantucket, MA 02554, the
Nantucket zoning Board of Appeals made the following
DECISION:
1. Applicant seeks a special Permit under zoning Bylaw
sections 139-9B(3) (b) and (c) to allow interior storage of
irrigation and landscape materials in the lower, basement
level of his existing building, including bricks, timbers,
irrigation fittings, pipe and the like, also to assemble
irrigation components for off-site installation.
2. The premises are at 2 Boynton Lane, Assessor's Parcel
67-117.1, Lot 8 on Plan File 17-C, zoned Residential
Commercial-2.
3. Our findings are based upon the Application papers
including Applicant's letter of 12/1/88 which completed
the Application, and a set of 7 plans marked 'M-74' (our
Exhibit "A") dated between 1/7 and 1/15/88, also testimony
and representations at our hearing.
4. Applicant's 1-1/2 story building has a 2-bedroom
apartment on the second floor and on, the first floor, a
2-bay garage and office. Access to the basement below is
by interior stairway, also by driveway ramp down to a rear
or south entry door. In the basement space, Applicant
proposes the listed storage and assembly activities,
typically with a 'Bobcat' or like earth-moving vehicle.
5. The site plan shows a 14.56-foot wide entry drive along
the westerly lot line leading to 6 parking spaces, all set
at 900 to the rear lot line. These are in addition to the
interior spaces. section 139-18F requires that Applicant
provide screening from adjoining properties and the
street. The screening from the street is preferably
located in front of the building. That section also
mandates a minimum driveway width of 20 feet. As shown, a
20-foot width is unobstructed although the surfaced
driveway is less than 15 feet wide. surfacing will be
crushed stone or other permeable material. The Section
139-16F requirement of 20% open area must be met.
6. We find that Applicant's proposed uses will not
inherently involve those noxious effects prohibited in
section 139-20A, particularly since the commercial
activity and storage will be indoors. The only neighboring
/
File No. 112-88
residential concern was with reasonable working hours and
with drainage from the site requiring clean-up of catch
basins, which Applicant is undertaking. Off-street loading
is adequately provided for.
7. We condition relief on the following:
(1) Substantial conformity with the plans for uses and
for the building and site per Exhibit "A"
(2) Maintenance of the required screening as noted
above, and
(3) Confining the commercial activity to the building
interior.
with these conditions, we understand the Planning Board's
recommendation to be favorable.
8. Accordingly, by unanimous vote this Board grants to
Applicant the requested Special Permit under Sections
139-9B(3) (b),(c) and (g) for the uses described above,
subject to the above-listed conditions.
Dated January 3(, 1989
- 2 -
.TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET. MASSACHUSETTS 02554
Date:
January 31
. 1989
CERTIFICATE OF GRANTING OF ~~ SPECIAL PERMIT
(Massachusetts General Laws. Chapter 40A. Section 11)
The BOARD OF APPEALS of the Town of Nantucket hereby certifies
that a ~~itt<<K Special Permit has been granted:
To: Jeffrey Kaschuluk (112-88)
(Owner/APplicant)
Address: Box 2890, Nantucket, MA
02584
affecting~the rights of the Owner/Applicant with respect to land or
buildings at 2 Boynton-Land, Assessor's Parcel 67-117.1, Lot 8,
Deed Reference
on Plan File l7-C
And the BOARD OF APPEALS further certifies that the attached Deci:
is a t rue and cor rec t copy of its Dec is ion gran t i ng the YlnfXKKX>>XiU~)D!X>)f')
Special Permit and that copies of the Decision and of all plans referr
in the Decision have been filed with the Planning Board and the Town C
The BOARD OF APPEALS calis to the attention of the Owner/Appliean
that General Laws. Chapter 40A. Section 11 (last paragraph) provides
that no ~~ocxocK~iMXXSpecial Permit. or any extension, modification
renewal thereof. shall take effect until (a) a copy of the Decision is
certified by the Town Clerk that twenty days have elapsed after the
Decision has been riled in the office of the Town Clerk and no appeal
been filed (or. if such appeal has been filed. that it has been dismis
or denied) and (b) the certified copy is recorded in the Registry of r
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_ rec--o.r..ding or registering ,-shal:
be paid by the Owner/Applicant. (
~jfA~~~ / L- ~
Chairman Clerk
..
If s: 00
RECEIVED
BOARD OF ASSESSORS
APR 2 0 2007
TOllliJN OF
NANTUCK..F.T, MA
Town of Nantucket
. .<"') r l (g r;;cr
ZV,r
)cJ ..
Zoning Board of Appeals
LIST OF PARTIES IN INTEREST IN THE MAITER OF THE PETITION OF:
PROPERTYOWNER....~...
MAILING ADDRESS...................................................................................
PROPERTY LOCATION......../?.....~....~......
ASSESSOR MAPIPARCEL.............? .1.~.... . It. . 7~.(...............................
APPLICANT.......................... ..511/1..6............................................
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)
(Jv,; 1/
DA
023 ~ 7
,
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ASSES "OR'S OFFICE
Town of Nantucket
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