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Home My WebLink About047-07(Appeal) 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 WNING BOARD OF APPEALS will be held at 1:00 P.M.. FRIDAY. JUNE 8.2007. in the Conference Room, 2 FAIRGROUNDS ROAD, Nantucket, MA, on the Application of the following: LONGFIN, LLC, D/B/A HOLDGA TE PARTNERS BOARD OF APPEALS FILE NO. 047-07 Applicant is seeking a MODIFICA nON of the SPECIAL PERMIT relief granted pursuant to Zoning By-law Section 139-33A in the Decision in BOA File No. 075-03, which was modified in the Decision in BOA File No. 080-05, that allowed demolition of an existing structure used, in part, to provide cover for trucks and heavy equipment incidental to Applicant's construction and borrow pit business. In the place of the demolished structure, Applicant received approval to construct two (2) new buildings, each with dimensions of approximately 50 feet by 125 feet. The Decision was subsequently further clarified to correct Exhibit A. The Applicant is now seeking modification of said Decisions in order to substitute a new Exhibit A, allow construction of a new structure to house a new concrete plant (with the existing dilapidated concret~ plant to be demolished), the relocation and reduction in size of one of the previously approved new shop/garages, the construction and , occupancy of a new two-story wood frame office building fo~ lease, and construction of an addition to the existing office structure. One of the previously approved storage/warehousing buildings has been constructed. The resulting ground cover would not exceed that permitted in the previous Decisions. See also the Decisions in BOA File Nos. 098-85 and 037-84. The Premises is located, OFF MILESTONE ROAD, BARNARD VALLEY ROAD, Assessor's Map 53, Parcel 25, Plan File 32-B, Lot 8. The property is zoned Limited-Use-General-3. 1y~~~ TIDS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. NANTUCKET ZONING BOARD OF APPEALS 2 FAIRGROUNDS ROAD NANTUCKET, MA 02554 CASE NO. 01-7---01 FEE: $300.00 APPLICATION FOR RELIEF Owner's name(s): Longtin. LLC d/b/a Holdgate Partners Mailing address: C/o Vaughan. Dale and Hunter. P.C.. POB 659. Nantucket 02554 Applicant's name: Longtin. LLC d/b/a Holdgate Partners Mailing address: C/o Vaughan. Dale and Hunter. P.C.. POB 659. Nantucket 02554 Locus address: Barnard Valley Road Assessor's Map/Parcel: 53/25 Land Court Plan/Plan Book & Page/Plan File No.:32-B Lot No.:~ Date lot acquired: 06/22/06 Deed Ref./Cert. of Title: Book 1029/Page 63 Zoning District:LUG-3 Uses on Lot: Commercial: Yes (describe): Storage oftrucks and heavy equipment incidental to Applicant's construction and borrow pit business; various masonry staging areas Residential: Number of dwellings Q Duplex_ Apartments d --.J Rental Roo~ . Building Date(s): All pre-date 7/72? Building Permit Nos: Previous Zoning Board Application Nos.: 098-85; 075-03; 080-05 or < =s: C ofGfs)? N l..U u 03/_..Pl/ ~~ ':..L l..J State below or on a separate addendum specific relief sought (Special Permit, Variance, Ap'peal), Section of the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities: SEE A TT ACHED ADDENDUM I certify that the infotmation contained herein is substantially complete and true to the best of my knowledge, under th~ pains a enalties of perjury. . SIGNATURE: Applicant Attorney/Agent'; (If not owner or owner's ttor ey, please enclose proof of agency to bring this matter before the Board) FO)l. kl}A O:fFICE USE . ~ Application received on:_ Jf/ By: (1)( ~ j Complete: l.--/ Need copies?: ~ Filed with Town Clerk:U23I.QZPlanllillg B6ard:_I--"_ Building DePt.=_~ BtJ(;Zb Fee deposited with Town Treasurer:~ 23~By:~Waiver requested?:_Granted:_I_I_ Hearing notice posted with Town Clerk:U~d/ Mailed:~/L~ I&M:S-f2t.f1O? & Y 131;Q Hearing(s) held on:~_I_ Opened on:_I_/_ Continued to:_/_/_ Withdrawn?:~_I_ DECISION DUE BY: I 1 Made: I / Filed wrrown Clerk: / 1 Mailed: I 1 --- --- --- --- DECISION APPEALED?:_I_I_ SUPERIOR COURT: LAND COURT Form 4/03/03 ADDENDUM TO ZBA APPLICATION LONG FIN, LLC d/b/a/ HOLDGA TE PARTNERS LONGFIN, LLC d/b/a! HOLDGATE PARTNERS (hereinafter "Holdgate") seeks a Modification to Special Permit No. 080-05, granted by the Board, dated February 23, 2006, recorded at the Nantucket Registry of Deeds in Book 1012, Page 119, as affected by a Modification to Special Permit No. 075-03, dated October 27, 2003, recorded at the Nantucket Registry of Deeds in Book 895, Page 305, as further affected by a Clarification, dated June 21, 2004, recorded at the Nantucket Registry of Deeds in Book 903, Page 20, by substituting a new Exhibit "A" for the Exhibit of record, and to allow the construction of a new structure to house the currently existing "Concrete Plant", the relocation and reduction in size of one of the previously approved "new shop/garages", the construction and occupancy of a new two story wood frame office building on the Premises and an addition to the existing "Office". Holdgate currently benefits from prior Zoning Board of Appeals decisions that permit, among other things, the construction of two "new shop/garages". Holdgate has constructed one of the new shop/garages pursuant to the approved "Exhibit A" but now wishes to construct a smaller version of the second "shop/garage" in the location shown on the replacement "Exhibit A", attached hereto. Additionally, Holdgate proposes to remove/demolish the existing "Concrete Plant" (batch plant) and proposes to construct a 2000 +/- square foot building to house a new "Concrete Plant" (batch plant) undercover and away from the elements. Additionally, Holdgate proposes to construct a two story wood frame office building on the Premises. This office building would be rented to a construction trades related company, e.g., a surveying company or engineering firm. Lastly, Holdgate proposes to construct an addition to the existing "Office" that houses Holdgate Partners. The construction of the new structure to house the "Concrete Plant", the construction of the proposed new office building for rent to a construction trades related company, the addition to the Office and the relocation and reduction in size of one of the permitted "Garage/Shops" will result in total ground cover no more than allowed in the previous Zoning Board of Appeals Decisions, will result in a more efficient and environmentally enhanced "Concrete Plant" operation and comports with the spirit and intent of the Zoning By-law and previous Zoning Board of Appeals Decisions in this matter. . Accordingly, the Holdgate respectfully requests the Board grant it the Modification and approve the new Exhibit "A" as proposed herein. Town of Nantucket Web GIS - Map Page Additional Into Page 1 of 1 Town of Nantucket Web GIS II () III (' f i".l Jl d I' I I -, ~~ ~~ ~ ~.. Zoom In 1111I11111 Out .... i~......,." Set Scale 1 in. = 663 .... SOUTH .... ft. ~I ~ ~.. Property ID 53 25 Location BARNAI Owner HOLDG Co-Owner C/O La 01998 Aerial Photo o Aerial Photo o Airport ~ Bicycle Routes ~ Buildings o Contours o Docks . ~ Driveways ~ Edge of Pavement o FBED ~ Fences o Dormitory OD . 0 Employee Housing o Flood Hazard OD o Harbor Watershed I o HDC Old Hist Dist o Index Contours !i ... Wetlands Bicycle Routes Buildings Driveways Parking Sidewalks Parcels Use of this facility is dependent upon acceptance and understanding of Use Conditions and Data Caveats contained on http://host. appgeo. comlnantucketma/Map.aspx 5/23/2007 Town of Nantucket Web GIS - Printable Map Page 1 of2 Town of Nantucket Web GIS Prop ID Address Owner 5325 BARNARD VALLEY RD HOLDGATE & COLLETTI INC C/O LONGFIN LLC PO BOX 650 NORFOLK, MA 2056 09/27/1991 $0 00372/ 088 12.7 acres NOT A LEGAL DOCUMENT o 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. D.iS_cla.imer 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 ~jQ()(lr;:;mhir Tnfnrm~tinn c::.\lc;::h::~m (r::Te::, rl;:!t~h;:tC;::jQ ~'#) )~~ ~ V ~- Town of Nantucket, Mass Map Composed http://host.appgeo.com/nantucketma/PrintableMap.aspx?Preserve= Width&Map Width= 172... 5/23/2007 Bk: 01012 Pg: 119 . . *' .- TOWN "OF NANTUCKET B'O'ARD OF APPEALS f'" 111".111 . - ,..- NANTUCKET, MASSACHUSETIS025S4 .". ~'J -'" Date: ~(p rtJD1. fo/:l; 20 ~~ I 0 Bk: 1012 Pg: 119 Page: 1 of 4 Doc: SP 03121/2006 11 :02 AM _...~.. ....:...., - -. .-,-....- . To: Parties in Interest and. Others concerned with the ------'----"necisro"ii-'oi" tire BOARD OF APPEALS in the Appl.ication of the following: Applicatlon No.: ~5"' Owner/Applicant: I-/-o (d ~rxh on ~ [10 / Jeff, - " I . Cbn s'f-r u C''+t 'Of) I :en {J . . / 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 a received within such TWENTY (20) days. ce: Town Clerk Planning Board Building ~ommissioner 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)J 0139-321 (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. Bk: 01012 Pg: 120 . , TOWN OF NANTUCKET ZONING BOARD OF APPEALS ONE EAST CHESNUT STREET NANnJCKET, MASSACHUSEITS, 02554 Assessor's Map 53 Parcel2S LUG-3 otfMilestone Road Barnard Valley Road Plan File 32-B, Lot 8 Deed Ref.: 3721088 At a Public Hearing of the Nantucket Zoning Board of Appeals, held at 10:00 A.M., Tuesday, February 14, 2006, having been continued after opening :from Friday, November 18, 2005, then to December 9, 2005, January 6, 2006, and to February 10, 2006, without further discussion, in the Conference Roo~ Town Building AnneXt 37 Washington S~ Nantuck~ Massachusetts, on the Application of HOLDGATE AND COLLETrI CONSTRUCTION, INC. clo VAJ~ghan & ~e, P.C., P.O. Box 659, Whaler's Lane, Nantucket, Massachusetts, 02554, Board of Appeals File No. 080-05, the Board made the following Decision: 1. Applicant is seeking a MODIFICATION of the SPECIAL PERMIT relief granted in the Decision in BOA File No. 075-03 (the "Decision") under Zoning By-Law Section 139-33A that allowed demolition of an existing structure used, in part, to provide cover for trucks and heavy equipment incidental to Applicant's construction and borrow pit business. In place of the demolished structure, Applicant received approval to construct two (2) new buildings, each with dimensions of approximately 50 feet by 125 feet. The Decision was subsequently :further clarified to correct Exhibit "A" to the Decision, entitled "Plot Plan to Accompany A Zoning Board of Appeals Application", done by Nantucket Surveyors Inc., dated September 8, 2004, and revised September 9, 2004. lbe Applicant seeks a modification of said Decision to remove Condition "(1)" in Paragraph 5, which states that "[t]he Premises shall be limited to commercial uses by one (1) business entity." The Applicant is curreIitly leasing commercial storage space to six (6) contractors and/or businesses predominantly as storage space for their respective equipment and commercial vehicles. This situation is said to have existed on the property for over fifteen (15) years. Condition "(I)" in Paragraph 5 of the Special Permit restricts Applicant's ability to continue this practice. Applicant asks that the Board validate the existing situation. See also the Decisions in BOA File Nos. 098-85 and 037- 84. The Premises is located OFF MILESTONE ROAD, BARNARD VALLEY ROAD, Assessor's Map 53, Parcel 25, Plan File 32-B, Lot 8. The property is located in the Limited-Use.Genera1-3 zoning district 2. The Decision is based upon the Application and the materials submitted with it and the testimony and evidence presented at the public hearings. On file was a letter from Robert L. Gardner, General Manager of the Wannacomet Water Company, dated December 5, 2005, reiterating what was previously stated in his letter to the Board dated October 3,2003, that the Applicant's original project as proposed and permitted, while located within the Wellhead Protection District, because of the size of the lot, was not subject to the provisions of Nantucket Zoning By-law Section 139-12. The letter further Bk: 01012 Pg: 121 ~ stated that he inspected the locus and found that the existing uses of the property were not . · prohibited by Section 139-12-B(2) either by definition or as a pre-existing use. The letter concluded that the number of individual businesses on the property was irrelevant and not prohibited under the By-law and in any case the existing uses on the property did not have a negative impact on groundwater quality and were all of similar nature. The plAnning Board made a favorable recommendation stating that there were few places that were available for small businesses to operate from and this locus was an appropriate site. There were a few neighbors present who expressed concerns about any future change in the nature of the business as well as hours of operation. There was one neighbor present who spoke in favor of the Application. 3. The Applicant, through counsel and personal testimony, stated that the Applicant was currently leasing commercial storage space to six contractors and/or businesses predominantly for use as storage space for their respective construction related equipment and commercial vehicles, and that this situation had existed for over fifteen years. Applicant provided the Board with affidavits from five tenants currently renting space on the Premises listing their respective identity, approximate square footage of rental space, and duration of their tenancy. Applicant submitted extensive photographic evidence indicating the topography of the lot, location and scope of the leased sites as well as overview of the commercial use of the property. The topographic information showed that the site was located at least thirty feet below grade and the commercial activities were somewhat insulated from neighboring residential areas by such ex1reme change in grade. Applicant represented that it wanted to maintain the ~'status quo" and not expand the ntmlber of tenants or change the nature of the businesses that were conducted there. Applicant submitted a floor plan of one of the new buildings to be constructed on the property to indicate that there would be space within the two new structures to substantially accommodate the businesses. Applicant also testified that there had been at least six tenants renting space on the property for over fifteen years and it wished to improve the site by construction of the two new storage buildings and by "cleaning up the property". 4. Therefore, based upon the foregoing, the Board finds that removing Condition "(I)" as set forth in Paragraph S of the Decision, which provides that "[t]he Premises shall be limited to commercial uses by one (1) business entity," would not be substantially more detrimental to the neighborhood than the existing conditions on the property, due largely to the substantially below grade location of the businesses, with the Board taking particular note of the fact that the current situation had existed without comment or apparent negative impact for over fifteen years. The Board also notes that no change in the nature of the businesses operating from the site was poSsible without further relief from this Board. In addition, the Board notes that in the documents submitted by the Applicant related to BOA File No. 075-03 the Applicant clearly indicated that there were other businesses taking place on the site and accepted the Applicants argument that there had been an inadvertent error made at that time when there had been a representation at the public hearing that there was only one business operating on the site. In these circumstances, the Board further finds that the error had been made in good faith and the requested modification of the previous Decision would be appropriate and supported by the evidence presented to the Board. 2 I . Bk: 01012 Pg: 122 S. Accordingly, by UNANIMOUS vote, the Board GRANTS the requested MODIFICATION of the SPECIAL PERMIT relief granted in the Decision in BOA File No. 075-03 to remove Condition "(1)" of Paragraph 5, which states that "[t]he Premises shall be limited to commercial uses by one (1) business entity,n subject to the following conditions: .. ~ 1. The hours of operation on the property shall be limited to no earlier than 7:00 A.M.. to no later than 7:00 P.M., Monday through Friday and no earlier than 7:00 A.M. to no later than 5:00 P.M. on Saturday; 2. There shall be no more than seven total businesses operating from the site (including the Applicant) without further relief from this Board; and 3. There shall be no change in the use of the property, i.e., for the storage and warehousing of construction related materials and equipment, without further relief from this Board. 6. In separate action, the Board, by a UNANIMOUS vote, waived the site pIan review required under Nantucket Zoning By-law Section 139-23. . . ......- , OJ ,J-- ~~. Dale Waine . Edward S. Toole Dated: foE'. t.. -z.2> ,2006 I a:JC1n-i'-M4~ ~l~YE EL\P"'~ liPim 1HEOEQSION WAS FlLED IN nm OfHCE OPTHI 1OWNa..BRX. AND mAT NO APPF..ALHAS BEEH ~IUtSUANJ'TOClE:NERALL4.WS_sacrDf 11 ~~~n~' fIN' C. Ric ~ - r lR =1 ra rl !!:~ -I' !g r- _.i ~Il"' "G" 0..... -0: 'COlD I.... ell 3 , .c- . BOOK 9 0 3 PAGE 0020 TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSHl'l~ 02554 Date: Jone c2.1,~~'I TO: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS i"n the Application of the following: APPLICATION NO.: 67S".0.3 OWNER/APPLICANT: f/cJlclprrfI O!1~ Ch II eH,' C(Y> ~inJrC>J.1 '011 ~f'K! ~ . Enclosed is the Decision of the Board of Appeals which has this day been filed with the Nantucket Town Clerk. This Decision provides a CLARIFICATION (not a Modification), an EXTENSION, or authorizes a TEMPORARY PERMIT under Nantucket Zoning By-Law D139-26H, with NO twenty (20r day appeal period required. \J(\~~0V 11J0J'rl~ ~) Chairman cc: Town Clerk Planning Board Building Department . ",L ..;~;. . ,~~tlJ~~:~:')~~?iff;" " :::;~~~>~~~~~.~..;,.~"~:~;~;t:~~., ,.",;'i, .'.'1, f.. ;;..~:t...;.)- (1.'\.'. .. A1)1$t...._... .. :.A'.m~.,>..UE.'. ,;copy . ..~..t;$y'-.-.., _' .~.:< -- ' _' ,::)"- " ;-:~ G<-t~. . :', "',""' ';. , -'. f'I f2... _ ~" -'.' ~?~' _)0-..- :./-. "_":"'. .;"::-:"'-~~."",.."_ -" ~ /l \}-/1' rc.;- . '.if :'<'>'N,AN.~9~T:rOWN CLERK J ,; -.' ," -..---.~. . /. ' "", f, ..:.f j; . ~' ." L f' . . ( .~ . .;#.' ." \ , '1 I . : . . '. BOOK 9 0 3 PAGE 0 021 TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESNUT STREET NANTUCKET, MASSACHUSEITS, 02554 Assessor's Map 53 Parcel2S LUG-3 Off Milestone Road Barnard Valley Road Plan File 32-B, Lot 8 Deed Ref: 3721088 At a Public Hearing of the Nantucket Zoning Board of Appeals, held at 1:00 P.M., Friday, June 11, 2004, in the Confere~ Room, Town BuiJdb. Annex, 37 Washington Street, Nantucket, Massachusetts, on the request for a CLARIFICATION of the Decision issued in BOA File No. 075-03, ofHOLDOATE AND COLLETTI CONSTRUCl10N, INC. clo V~~ Dale and HUDter, P.C., P.O. Box 659, Whaler's Lane, Nantucket, Massachusetts, 02SS4, the Board made the following Clarification: 1. Applicant is seekiDg a CLARIFICATION or the Decision in BOA File No. 075- 03. Applicant proposes to substitute a DeW Exhibit A for the Exhibit A that was attached to said Decision in error. The previous plan was provided to the Board indicating a specific location of two new storage ooiJdil'lgs that were to be used in col\iunction with the Applicant's excavating business. The Board had allowed demolition of the existing garage structure and its replacement with two 'Dew garages with dimension of about 50' x 125'each. The buildings were actually iDtcDded to be sited in the same area but further back from the westerly lot line than originally shown and Applicant 'seeks to rectify this em:>r on the plan. The Premises is located OFF MILESTONE ROAD, BARNARD VALLEY ROAD, Assessor's Map 53, Parcel 25, Plan File 32-B, Lot 8. The property is zoning LIMITED USE GENERAL-3. 2. Based upon the representations of Applicant's counsel, the Board allowed the CLARIFICATION of the Decision in BOA File No. 075-03 by a UNANIMOUS vote, to allow the replacement of the previous ExJuoit A with the new "Plot Plan to Accompany A Zoning Board of Appeals Application", done by Nantucket Surveyors Inc., dated September 8, 2004, and revised September 9, 2004, a reduced copy of which is ttitached hereto as new Exluoit A The coDditiom contained in the previous Decision are not affected by this Clarification, other than to substitute the new Exluoit A for the one indicated in the Decision. ::0 . in ~ 0 h ~ ~"'--~ ;~'- - - ,......... ::: 71 --. --..I -..J Edward S. Toole .~ !I 'I I I ~ I BOOK 90:3 PAGE 00 22 .~ I' I '"' .. _I · ,,~iI, C" ~.; ~ I 19 . ~ III rD I ;~~ i I gOD e d:. . I' t~. I ~ c ~I-~ E e: I!!j '= lj it ~i i~ I I ~ Z::. I nUl i I i I : f; BOOK 903 PAGE 00 23 EDWARD FOLn VAUGHAN KEvnr F. DALE WILLWI: F. HlIllTER MA:amr JEPPllBY STlmNA. OADIID'DDDrPD\I5YLV J.MA VA.UGHAN, DALE AND HUNTER PROFESSIONAl. CORPORATION ArroRNEYS AT LAw WJlALEIl.'S 1.ANE P.O. Box 659 NANTUCDT,MAssAcuusErrs~M TEL: 1:I08l228-4455 PAX: C:I08l228.3070 June 8, 2004 Linda Wi11i~!I. Zoning Administrator Nantucket Zoning Board of Appeals Chestnut Street Nantucket, MA 02554 Re: Clarification Request ZBA File # 075-03 Holdgate & Colletti Construction, Inc., William Holdgate, President Off Milestone Road (Barnard Valley Road) Nantuclcet, Massachusetts Dear Linda: An incorrect exhibit plan was inadvertently filed with the application in ZBA File # 075-03, a copy of which is attached hereto. I have enclosed a copy of the correct plan and herein request that the Nantucket ZOning Board of Appeals render a CLARIFICATION in this matter that provides for the substitution of the correct plan as the record exlu'bit in this ZBA matter. Please note that the only difference in the two plans is the location of the first approved building away from the entrance to the property to the other side of the second approved building. In all other respects the plans are identical. Ifpossl'ble, please mark this matter for consideration by the Board for this Friday, lune 11, 2004. WFH/ Enclosures . , " . . . BOOK 9 0 3 PAGE 0 0 2 4 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS ~~4 ~ ::1:: %O' Date: ~~L- ~'f2.~:::', . ,r. ~:~: . To: .Parties in Interest and,Othersconcerned with the Decision of the BOARD OF APPEALS in the Application of following: Application No.: L? )S--i)~ owner/~~C;~K'~~I~~~ anI} (O/Ie-tf-/ e ::0 Cl rn ~ (') !:::l fi1 .- 20~ -. "~ -0 ~ VJ . ., ,_.-, . . -,# - \0 the Enclosed is the Decision of the BOARD OF APPEALS' which has this day been filed in the office of the Nantucket ~own 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 ANn V~RIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED. UPON ACCORDING"TO NANTUCKET ZONING BY-LAW G139-30I (SPECIAL PERMITS),. 0139-321 (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.. BOOK 903 PAGE 00 25 TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESNUT STREET NANTIJCKET, MASSACHUSETIS, 02554 Assessor's Map 53 Parcel 25 LUG-3 Off Milestone Road Barnard Valley Road Plan Pile 32-B, Lot 8 Deed Ref.: 372/088 At a Public Hearing of the Nantucket Zoning Board of Appeals, held at 1:00 P.M., . Friday, October 17,2003, in the Conference Room, Town Building Annex, 37 Washington Street, Nantucket, Massachusetts, on the Application of HOLD GATE AND COLLETfI CONSTRUCTION, INC. c/o Vaughan, Dale and Hunter, P.C., P.O. Box 659, Whaler's Lane, Nantucket, MassachusettS, 02554, Board of Appeals File No. 075-03, the Board made the following Decision: 1. Applicant is seeking reliefby SPECIAL PERMIT under Zoning By-Law Section 139-33A to demolish an existing structure presently used, in part, to provide cover for trucks and heavy equipment incidental to Applicant's construction and borrow pit business. In the place of this demolished structure, Applicant proposes to construct two (2) new buildings, each with dimensions of approximately 50 feet by 125 feet. Tbe Applicant intends to move much of its heavy equipment and trucks under cover and out of the elements. The Locus contains about 550,911 square feet (about 12.65 acres) and the existing structures on the Locus have a ground cover ratio of about 0.15%. The proposed structures will comply with all zoning intensity regulations. The Locus is non-conforming as to frontage with the Lot having no frontage; and as to use because the Applicant operates a commercial contracting and borrow pit business in a zoning district limited to residential uses. To the extent necessary, Applicant also seeks reliefby VARIANCE under Nantucket Zoning By-Law Section 139-16A to allow the proposed project, and a MODIFICATION of the previous Decisions in BOA File Nos. 098-85 and 037-84. The Premises is located OFF MILEStONE ROAD, BARNARD VALLEY ROAD, Assessor's Map 53, Parcel 25, Plan File 32..B, Lot 8. The property is zoning LIMITED USE GENERAL-3. . 2. The Decision is based upon the Application and the materials submitted with it; and the testimony and evidence presented at the public hearing. Robert L. Gardner, General Manager ofthc Wp'oacomet Water Company, wrote a letter on October 3,2003 stating that though the Locus is situated within the Public Wellhead Recharge District, the proposed project does not create additional impervious ground cover that would result in an impervious ground cover ratio for all structures in excess of fifteen (15%) percent oflot area, and no Certificate of Water Quality Compliance is required for the project under Section 139-12B(2)(s) of the By- Law. He also stated that the proposed project would not have a negative impact on ground water quality. Zoning Enforcement Officer Marcus Silverstein wrote a letter on October 17,2003 u"11g that the proposed project would not". .. trigger the conditions requiring at Planning Board Special Permit for work within the Public Wellhead Recharge Overlay District (PWR), as liSted in Section 139-12B3(c) of the Zoning Code." There were no other letters on file'and no opposition presented at the public hearing. . . BOOK 903 PAGE 00 26 .' 3. The Applicant, through counsel, stated that the Locus had been used in its entirety as a commercial borrow pit from a time prior to 1930 until the present, and bad also been used for commercial cOntracting and construction purposes during that time. Specifically, the Locus bad been used for the storage of construction vehicles and masomy supplies, as a site for an asphalt plan, as a site for a non-bituminous concrete mixing plant, and as a site to garage various heavy equipment and vehicles associated with those non-conforming commercial uses. Applicant proposed to demolish an existing garage and replace it with two new storage buildings to provide cover for the equipment, vehicles, construction supplies, and masonry supplies. As the project was sub-grade due to the nature of the business, and located within a multi-acre plot, there would be little impact upon the surrounding residential neighborhood and would actually improve the site with the provision of indoor storage space for items currently stored in the open. 4. Based upon the foregoing, the BOARD finds that the commercial uses existing on the Locus have existed from a time prior to the enactment of the Nantucket Zoning By-Laws in 1972 to the present and such uses are pre-existing, nonconforming uses. Further the BOARD finds that demolition of the existing garage structure and its replacement with two new garages with dimension of about 50' x 125'each will not be substantially more detrimental to this neighborhood than the existing conditions on the property because the new garages will protect Applicant's vebicles and construction supplies from the e1~ents, remove such vehicles and supplies from public view, and provide additional ground water protection because the vehicles and supplies will rest on concrete pads within the garages rather than on bare ground as noted in Watm8comet Water Company General Manager Robert L. Gardner's letter of October 3, 2OQ3. Moreover, the BOARD finds that the proposed project would not render impervious more than 15% of lot area and is not a prohibited use in the Public Well Recharge Overlay Disttict (PWR) as set forth in Section 139-12B(2)(s) of the By-Law nor does it require a Nantucket Planning Board Special Permit for water quality compliance under Section 139-12B(3) of the By-Law, based upon the above letters from Mr. Gardner and Mr. Silverstein. In these ciraunstances, we find further that the requested SPECIAL PERMIT relief is appropriate and supported by the evidence presented to the BOARD and no Variance relief is necessary to complete the project as proposed. In addition, the Board finds that the addition of the two new storage buildings would not trigger the Major Commercial Development provisions of the Nantucket Zoning By-law as the Applicant is not creating additional commercial space, but covering existing commercial exterior space. 5. Accordingly, by UNANIMOUS VOTE, the Board GRANTS the requested SPECIAL PERMIT under Nantucket Zoning By-law Section 139-33A to allow the demolition of the existing garage, and the replacement of such structure with two (2) new garage structures each with a ground cover of about 50' x 125' square feet, subject to the fonowing conditions: 1. The Premises shall be limited to commercial Uses by one (1) business entily~ and 2. The new structures shall be placed in substantial conformance with the "Plot Plan" done by Nantucket Surveyors, II)c., dated September 8, 2003, a reduced copy of which is attached hereto as Exhibit A BOOK 903 PAGE 00 27 . ' .- '. 6. Bya UNANIMOUS YOTE, the Board waived the minor site plan review. under Nantucket ~ningBy-law Section 139-23. Dated: October Ol. 7 . 2003 Nantucket. MA . .~~~ i:-s.~L~ ..' BOOK 9 0 3 PAGE 00 28 . . ..' . . . .. 4 .... ! j I I Iii i , I I ~ $ . I I' o 'J Z~! I ~I I~ II ; 1=11 :I~ ~ ~t ., I .. J.J' ~ J~ i ~! ~ "'Olt t= . z s < ij 112i ~~ ~ ~ ~ ~ ~ ~ ~! t~l~ ~~ II d!~ ihM;~I;I~' ~ ~ il~l~ig~ .. i I I . ! I . = Z 1 ! i~! I " J .: o\i . .\ '. .... '\ i , I I ' I. II 4 . ", ... BOOK 903 PAGE 00 29 ~.. .. ~..... 2 ::0 C::z !i1 :IE> 2 - .. z~ ..~""..'"; N . ("") - 1_ rT'. a :;:w - --.., ~ . . - 0\ . r Nantucket Coun~ Received & Ent~red Oate:~ lime: '2-. ~12fTl AU.: ~'1.~ Register of Deeds MAY 0 6 200' ~ a XflP'Y 'i'H..';'T2D PAYS HA\'l: EI..AJISED APlUl flU: DlUSlON VIAS FIlm IN THE 0f'PlCE OJ' 1Hi "ro',vt( a.mtX, AhD tHAT NO APPf.AL HAS BI3SH JIIlB).I'UISUANTTO GaB.ALlAWS<<M. SIDll.Jl(U '~i'~~ ~.,-~~ ATTEST: A TRUE copy ~~~ NANTUCKET TOWN CLERK - End of IlWrument_____ . - ,. BOOK S 95 PAGE0305 ,. TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS ~??4 :.::: .,,, :;r: : -:" Date: ~CpL. ~12. :..l-, d \.N :::0 ;-n () rll c;::J ~ ~ , 20dt3 -0 VJ - , j \ To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 0 IS- -0-3 Owner/App1icant, ~)(~;; and! (b/(e-tf-I' COy)S"frurY;~ _~__ . . - \0 .J 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 U139-301 (SPECIAL PERMITS)~ g139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. BOOK 895 PAGE030G TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESNUT STREET NANTUCKET, MASSACHUSETTS, 02554 Assessor's Map 53 Parcel 25 LUG-3 Off Milestone Road Barnard Valley Road Plan File 32-B, Lot 8 Deed Ref.: 372/088 At a Public Hearing of the Nantucket Zoning Board of Appeals, held at 1 :00 P.M., Friday, October 17,2003, in the Conference Room, Town Building Annex, 37 Washington S~ Nantucket, Massachusetts, on the Application of HOLD GATE AND COLLETII CONSTRUCTION, INC. clo Vaughan, Dale and Hunter, P.C., P.O. Box 659, Whaler's Lane, Nantucket, Massachusetts, 02554, Board of Appeals File No. 075-03, the Board made the following Decision: 1. Applicant is seeking relief by SPECIAL PERMIT under Zoning BypLaw Section 139-33A to demolish an existing structure presently used, in part, to provide cover for trucks and heavy equipment incidental to Applicant's construction and borrow pit business. In the place of this demolished structure, Applicant proposes to construct two (2) new buildings, each with dimensions of approximately 50 feet by 125 feet. The Applicant intends to move much of its heavy equipment and trucks under cover and out of the elements. The Locus contains about 550,911 square feet (about 12.65 acres) and the existing structures on the Locus have a ground cover ratio of about 0.15%. The proposed structures will comply with all zoning intensity regulations. The Locus is non-conforming as to frontage with the Lot having no frontage; and as to use because the Applicant operates a commercial contracting and borrow pit business in a zoning district limited to residential uses. To the extent necessary, Applicant also seeks relief by VARIANCE under Nantucket Zoning By-Law Section 139-16A to allow the proposed project, and a MODIFICATION of the previous Decisions in BOA File Nos. 098-85 and 037-84. The Premises is located OFF MILESTONE ROAD, BARNARD VALLEY ROAD, Assessor's Map 53, Parcel 25, Plan File 32..B, Lot 8. The property is zoning LIMITED USE GENERAL-3. 2. The Decision is based upon the Application and the materials submitted with it; and the testimony and evidence presented at the public hearing. Robert L. Gardner, General Manager of the Wannacomet Water Company, wrote a letter on October 3, 2003 stating that though the Locus is situated within the Public Wellhead Recharge District, the proposed project does not create additional impervious ground cover that would result in an impervious ground cover ratio for all structures in excess of fifteen (15%) percent of lot area, and no Certificate of Water Quality Compliance is required for the project under Section 139-12B(2)(s) of the By- Law. He also stated that the proposed project would not have a negative impact on ground water quality. Zoning Enforcement Officer Marcus Silverstein wrote a letter on October 17, 2003 stating that the proposed project would not ". .. trigger the conditions requiring a Planning Board Special Permit for work within the Public Wellhead Recharge Overlay District (PWR), as listed in Section 139-12B3(c) of the Zoning Code." There were no other letters on file'and no opposition presented at the public hearing. t ... /. ' BOO K 8 9 5 PAGE 030 7 3. The Applicant, through counsel, stated that the Locus had been used in its entirety as a commercial borrow pit from a time prior to 1930 until the present, and had also been used for commercial contracting and construction purposes during that time. Specifically, the Locus bad been used for the storage of construction vehicles and masonry supplies, as a site for an asphalt plan. as a site for a non-bituminous concrete mixing plant, and as a site to garage various heavy equipment and vehicles associated with those non-conforming commercial uses. Applicant proposed to demolish an existing garage and replace it with two new storage buildings to provide cover for the equipment, vehicles, construction supplies, and masonry supplies. As the project was sub-grade due to the nature of the business, and located within a multi-acre plot, there would be little impact upon the surrounding residential neighborhood and would actually improve the site with the provision of indoor storage space for items currently stored in the open. 4. Based upon the foregoing, the BOARD finds that the commercial uses existing on the Locus have existed from a time prior to the enactment of the Nantucket Zoning By-Laws in 1972 to the present and such uses are pre-existing, nonconforming uses. Further the BOARD finds that demolition of the existing garage structure and its replacement with two new garages with dimension of about 50' x 125'each will not be substantially more detrimental to this neighborhood than the existing conditions on the property because the new garages will protect Applicant's vehicles and construction supplies from the elements, remove such vehicles and supplies from public view, and provide additional ground water protection because the vehicles and supplies will rest on concrete pads within the garages rather than on bare ground as noted in Wannacomet Water Company General Manager Robert L. Gardner's letter of October 3,2003. Moreover, the BOARD finds that the proposed project would not render impetvious more than 15% of lot area and is not a prohibited use in the Public Well Recharge Overlay District (PWR) as set forth in Section 139-12B(2Xs) of the By-Law nor does it require a Nantucket Planning Board Special Permit for water quality compliance under Section 139-12B(3) of the By-Law, based upon the above letters from Mr. Gardner and Mr. Silverstein. In these circumstances, we find further that the requested SPECIAL PERMIT relief is appropriate and supported by the evidence presented to the BOARD and no Variance relief is necessary to complete the project as proposed. In addition, the Board finds that the addition of the two new storage buildings would not trigger the Major Commercial Development provisions of the Nantucket Zoning By-law as the Applicant is not creating additional commercial space, but covering existing commercial exterior space. 5. Accordingly, by UNANIMOUS VOTE, the Board GRANTS the requested SPECIAL PERMIT under Nantucket Zoning By-law Section 139-33A to allow the demolition of the existing garage, and the replacement of such structure with two (2) new garage structures each with a ground cover of about 50' x 125' square feet, subject to the following conditions: 1. The Premises shall be limited to commercial uses by one (1) business entity; and 2. The new structures shall be placed in substantial conformance with the "Plot Plan" done by Nantucket Surveyors, Inc., dated September 8, 2003, a reduced copy of which is attached hereto as Exhibit A. , .. . BOO K 8 9 ;-) PAGE 0 3 0 8 I . 6. By a UNANlMOUS VOTE, the Board waived the minor site plan review under Nantucket Zoning By-law Section 139-23. Dated: October ~ 7 . 2003 Nantucket, MA . .~~~ dJ Ed~~lrd?rv . . , I , , <t. t VI BOOK 8 g 5 PdGE0309 J ~ ~ I I i ~ i J I I l1i; I..J liLl i ~ ~ I . ~ i -=::)~ - .",...., .. ~ :i ~~ji 3~ ~ ...'=' .1 " 9 I ... JJ.I ~l III I'd ODD II iE ft =.;~ I ~ d 1III " .. &!&:~~i! ;~ ill 'I !~I!:ii 1IIIile l!l ~11!i!' i I I 1111i.al I~ ~ .. .~ --- ~ ~! ~ ~ l;!!1 r=. z Q. ::> lD wU ~ ; < ~ 0 J. :::l~ ~ c s~ t';~2;~ ~t~l~ 8~! I ~~~~ ~iSI ~61~~~i~ Q. < ~ . ~ ~ s j;i <3~ ii~ 2 ~ ~ ~~g~t g8 ~.'i ~ ili <A , , ! ~ ~IIJ ~z d I NantuclWt.Qounty Received & Ent~red Date: JUN 9 20Q.4 Time: rQ .~I)D i Atte8t: ~7.~ Register of Deeds ~ I I lutcumel'lt I. h ~ 13o0k Bq5 PA~ 2t)q A- . . . . MAY 0 6 2004 : G :)~nFY"f H':'T 20 DI\ YS ti.A VE E!.APSEO Ar~a rnE DR1S10N WAS FH1ID IN 'mE OFFICE OF nm "fO"W~ q.ERK. MD THAT NO APPEAL HAS BEEN 1'1UD.~/;l;rTO Gm:JW.LAWS 4OA, SllC.'IDfU "~~~:__# ~~~ ATTEST: A TRUE COpy ~ NANTUCKET TOWN CLERK -/ , , '(f j, ([ l ([, 'j .' . I J.. ff. ~-_."--_._-__..._____.'__'oO"._ .- . . . .. . s~.o.174':'C1105 I . ... t.. . ':: ',~ "'~'.'=~~~ ':-. THP.:COMMON~~dSj:.o~~',;'~~io , ' .:~.~..... ,,,~,....l..\.::t~t~'.,Hti.~ . ~. ." '0 , . ...-.. 11. '.. . .'. .... .." ....11 ...-... . ..........-... .~~._ . . :,., " . J ..~ -:-; ::~".,. .fIarit....r..t' . '-_. ........ . - ."",'r.. . - ---- - . . r"..",,~ . ~.: .; '. = . . ... ~ ":'~~ Ise "'KI> 'OF ,\1'1'1' 0\1 Cj j Dill": ,If .~ December II Cerchicate of Orantln. of Y.rNa"ff or Special ""rmil (Ocner.llaws Chapler 40^, ~ction It) To The Board ohppcals or the City 0' Town of Nantucket hereby certifies Ihat . V.'NaMC 8r Special Pcrmh has been .,anled HOLDGATE AND COLLE;11 CON~TRUCT[ON. [~C. l09A-!~l ^ddrcss orr HUestone Road Cily or Town Nantucket affect in, the rilhts of Ihe oll'ncr wilh r"speCIIO land or buildings OIl . Assessor's HaD 53.Parcllt' 21.....B.a.o.. '00, PAR" III" n" Htl...t^^&-Roa~. And the said Board of Appeals fUrlher certilies Ih~' the decision attathed hc:relo is II Hue lInd . correct copy of its decision ,ranllnl said ,.ri."" speelal permit, and chac copiC's of uid decision. and of all plans referred to in the decision. have bcm nted with ttie plllnnln, board IInd Ihe city or town cleric. The Board of Appeals also calls IClrhc a"eneion of Ihe owner or applicantlhal Oener811.:1\\" Chapler 4OA. Seceion II (Iasl paraararh) provides Ihal no ~iaA'c or'lpecial permit. or any (',. tension. modification or rcnewallhefeof. shall rake effect unlil a copy of Ihe decision b'::.rintllt~ cereificalion of the town or dry clc,llrhal t"'tnl)' da)'s have elapsed Arter the d"i~ion h:.. l-I.'\'n filed in ,he orrictorChedt)' or lown deflc and no appeal hiS ken filed or Ihat. if sllch .."pe.1 h~. been nled. thac iI has been dismissed ,)r denied. is recorded In the rc,isuyor drcds f,of Ihe ""1::11)' and district In which che land is loc.tcd and indcllcd in Ihe aranlor index under the: lI;1mc ot' rh~' OWflCfof record or is recorded and noted on the owner'. ctrellicate or citle. The: t"<< rQr such ''''01. di", or rqlltmn.1hl1t H PlkI b1lh. owner or aPfllica% ~.v - ~.L-.,~' _. ~y^~..r!-lJ,l.(;, / t. .. t.,w.. ..,....,.. -....,.. ,,-, .. I .. ./ /" / w~ # " . '(:I I'.' -, j I f. I .t . f , ~" 1..., ~::.'. :.. . .:,.. ' ~ ... 1~0074'atf 106 - ;...'f........l'..'d ":. - f..' .. .h!!'. ;..,.. !t' - .... ... }.:\,i~;'...~.)i::rl'1.I.r..: J . ," .... ;::.".J:.:~..;' ~.:': .oj.;' ..:. ... ...,. . .TOWN OE .,NANtUCKET.. ........ ........,..- '-" .' ~. ,.... ,....'... .1' ...;.......:r-.--... . .Z " " '':' .' ':.':.. .~ : -: :...' t , . . . . .~ . , BOARD OF 'APPE-AcS...... - -- ':-:- ~' ~-"., ~ " . . . . . . ..~. w' "~ '-: . -;, ....~ ~ ~ .._ ... '.!i-.-' "":, ..' . . -':-;...:.:.a- ... ,,'c:r . '. @iiA,.... NANTUCKET, MASSACHUSEl'TSt,U25.s.....li..:: ..... Decemb.r 18, 1985 . lev: 1~I.oc;^TF. ANb ('.aLLETT. r.ON';TRUCTJ()N, I N<:. (Oq,,-as) -. Enclo.ed, pl.... find not Ie. of . d~i.lon of the BOARD OF APPEALS which h.. thl. da1 been rll.d with the Town Cl,'rll. Any .ppeal Ir. thb .cUon .hall be ..d. pursuant to S.otlon 17 of Chapt.r lOA 01 the C.n.ral Law., and .hall be rUed within tw.nty (20) elIY', Irter ehb dau, ... .~ , . /_..~~~~ -: ~~I. Sh.~n, Chair..n ., " IOARDO, APPEALS '.', 'I, " :." t,' . ; . ~ ",.., ~ J': _,"". .' ,'. , ;1 ~ ~ I ' .... ~ : ',' ' ..' ,_. "1''' .,,:-: ,," ;,, ". oW ""-"~":~"'~~ .: "I't.,...;/~...~,..... ,.",. '. _~ I .~ '. : .e. -. 'f ,r (f. ([ ([, l l~rOOi4..lCf 107 BOARD OF APPEA~S ~,'.~ 7: "\"\-:'. :...!~ NANTUCKET, MASSACHUSETTS 02554 DECISIOSi / \ In the .atter of the Application of 1f0LDGATE AND COLLETTI CONSTRUC- TION, INC. (098-85) at a meeUnl or the. BOARD OF APPEALS held .t If 30 p.m. on FRIDAY. DECEHBER 13, 1985, .t the Tovn .nd County lulldln,~ N.ntuck.t. The Bond enters the follovlnl Dlchlon .nd ..ke. the follovin& findincu 1. AppUcant .eeks aSPFt:IAL PERHIT under Zonln& B)-Lav SECTION 139-33 to expand an exl.tln& non-confo~inl commerclal u.e by ~ddltlon of a hopper .tructure to .erve a. a plant for preparation of non-a.pheltic. (non-bitUMlnou.) concrete to be used off-.lte. The pre.l.e. .re loc.t.d OFF TH~ HIL~STONE ROAD, In the zonlnl district LIHITED USE CENERAL-3, AI....or', Hap 53, 'arcel 25. l 2. At our hearlna of November 8, 1985, the thre.hold que.tion of this Bo.rd's JurhdlcUon vas t.ken up. aased upon the ApPUcltlon p.pen, corre.pondence, te.tl.ony, repre.entitlon. .nd vlevln,., the Appl1cant'. cOIlllllec'c1a1 Ult, an ext.ndv. borrov pH, v.. found clearly to ..cud 5000 SF', The. By-Lav provillo" for H.Jor C~lllercl.l Dev.loJllllent ("HCOlt) Vall first en.cted .t the April 1979 Annu.l Tovn He.Uns ("ATH"). Only vhh the Aprl1 1985 ATH amendment has provision b..n "Ide for ",randfather:inc". Absent evidence to .hov applicability of ,rlndfatherlng ln this matter, the .mended HCD provlslons "ould place sole Jurlsdiction or Special PerAit gr.nts in the PlanninG Board. (Section 139-9 B(4)(b).) I 3. The &randf.therlnc provision, the l.st paragr.ph of Section 1~9-9 B(4)(.), speaks of cOMereial development. Iccoapll.hed with Glore than one buildins permit. "0 evidence v.s offered in this cI.e-of prior, bUlldln& per_it.. Nor vere "e told of the .xtent of ~omeerci.l u.e precedinl the 4/79 ATH. Th. Board voted to obtaln Town Coun.el'. opinion, Ukin, this c... UNDER ADVISEMENT until our ..etine of Decembar 13, 19&5. AdYi..d then' by Town Coun.el, w. of nec...lty relied upon Bo.~ ...bar knovled&. fro. prior Ylevin&~. On ~hi._be'ls we find that'Applicant'. ~r..'/7' eo...rcl.l u.. et the lite wa"re.trlcted toborrov.plt operation. of .1.0.t the .... "".: " ~-_._--_.._---_._.._......, ~. II" ~ I f " , :. .- -~74,&n 108 (ota..,) -2- .at.nt I' ,he prl...t ,It. Assu-lnl no oper.'lon. .t 'h. pit .r. condUCted .ther 'th.n Nnow, we. '1" .bl..to find ftO tlCD, .nd Jurtactlctl." accordl""y In thl. ".rd. 'f e....rel.a u.. v.ro Oyot .nl.fled In .r.. or kind beyond the orl&l"I' pr.-4/79 borrow op.r.tlon. to co.. vlthln th. HCD d.flnltlon, . Specie' 'lflIlt fro. ~hll Boord vould not .ufflca. 4. Appal~n' propo... u.. of I .l.lnl hopper con.tructed within th. pi' c.rrled on 'eorn.r pol... Vlt~ hallht of 14 feet, the .tructur. h.. a .profl1. bo1ow arId., tbo_ho,;.r .pe~'to rac.lYI 'l,rl,ltl .nd c...nt (."lll.clou. Ind c.lc.~.ou. ..t.,I.l.) In . dry _Ix fo, dry tlrv into. ~oncnt.. .. dn. truck belov. Vlter h.uppU.d to th. .ix frOIl . v.ter ~.nlc truck. Tht e. ntlr. o.p.rltlo~ th~. involve. the hopper. ...ocl.tod y.hlclo. . . and .r... for tbol, .ov...nt .nd for .tor.,1 of ..to,l.l. u..d. (The bo,rov opor.tl'''.,I. und.r.tood not to lupply l'lrol.to It.vel.) The flx.d .tl'uct.un l.vUbln.;,400 SF of II'0und COVel' Ind 20 foo.: hdaht. No .iantfi- cant incr.... In du~t, nol.e or oth.r obJoction.ble element prohibited In Sectlon 139-20 11 fohu.n. .-..,.. s. O~po'itlo" v.. r.I.ed but,"ot put.ued by the prlnclp.l .buttor (throuah a racent acquhHlon of the lIove,.a" Tru.t In the North, ,..ture). Conc.rn v.. .apr...ed.bout con,ol'y.tlon .nd AII'Port lntere.t. in that connection. Tvo aottor. .n oppo.ltlon.woio 11.0 nOled nolther .peciric t~ tho hopper-typo op"ltlon.hor.. Tho "Innln& ao.rdl. r.c~ondltlon WI' hvonbl. provlded AppUc.nt " not .,kln, bltUIIlnou. c.unt - .. v. are ...ur.d by Ap~11elnt'l coun.a' h.r.. I' 6. Accordlnaly. thl. lo.rd by UNANIMOUS vot., GRANTS to Applicant . d the SPECIAL rERHIT Undll' SECTION 139-33 to u.. lh. .bove-d..crlbed hopp.r II .tl'uctur. for the .lalna of c...nt .nd .I".,atl 1n the on-.lto pr.p.ratlo of non-b1tu.lnoUI concl'ot. for off-.lto u... ~2! . ~I Dated, D....ber .1, 1915 ~~ ~ i \. ".ntucklt, tIA 02SS4 /- "(/';- ,,~.~- - _ .:; ~..'''~~ \"h't'r-~:p.I't, WllU.. R. Sher.an : Ii ~::~~~IWIIl""N__ A?&~,\j{)I/hI/(1~..,. il lli~ :-.:=::. ~.~ ~rOhY D. Vollan. .'SlC.IOIU ". 1\ () \ . I/{N' """. 'y_'. u - /' -," '.... , .". --- ,..... .. "'---"~.""~" Bk: 01029 Pg: 63 ,;, 11111..,1 Bk: 1029 Pg: 83 Page: 1 of 2 Doc: DO 06123/2006 10:37 AM HOLDGATE & COLLEITI CONSTRUCTION, Inc., a Massachusetts domestic corporation having its usual place of business at Barnard Valley Road, Nantucket, Massachusetts 02554 ("Grantor"), J <t' E ~' ~ I;;) -J. ~ 2 'J' ~ for consideration of $7,084,632.00 grant to Longfin, LLC, ("Grantee") with a mailing address of P.O. Box 650, Norfolk, MA 02056 with Quitclaim Covenants, that certain parcel ofland, together with any improvements located thereon, described as follows: T ~ - - ~ ~ ~ C >- ~ (!J The certain real property located in the North Pasture beyond the second . inilestone on Milestone Road, in the Town and County of Nantucket, Massachusetts, shown as Lot 8 on a plan entitled "Compiled Plan of Land Milestone Road in Nantucket, Mass. (Nantucket County)" prepared for Frank H. and Clara B. Low by the BSC Group _ Surveying & Mapping, Inc., dated December 8, 1988, recorded with the Nantucket Registry of Deeds in Plan File 32-B on December 30, 1988 (the "Plan"), bounded and described according to the Plan as follows: NORTIlERLY by Lot 9 on the Plan, eight hundred forty-five (845~ feet; and EASTERLY by Lot 9 on the Plan, eight hundred forty (84o:t) feet; and SOUTHERLY by Lots 7 and 9 on the Plan, seven hundred sixty-five (7657 feet; and WESTERLY by Lot 9 on the Plan, five hundred eighty (58o:t) feet; This conveyance is made together with the appurtenant right to use the roadway or vehicle track shown as "Road A" on the Plan for ingress and egress on foot and by vehicle to and from the property conveyed hereby to and from Milestone Road shown on the Plan, and for all other purposes for which streets and ways now are or may be customarily used in said Nantucket, in common with Grantors and others entitled thereto. This conveyance is made subject to the following matters: (a) Rights of others in any roadways, vehicle tracks or paths upon the premises hereby conveyed, if any. (b) All matters of record and rights of others, if any, in Proprietors Roads. For Grantor's title see Deed dated October 2, 1989 from Clara B. Low and Frank H. Low recorded in Book 0372, Page 088 at the Nantucket Registry of Deeds. ." , . j. Bk: 01029 Pg: 64 Executed and sealed on June ..z:k-, 2006. Commonwealth of Massachusetts County of Nantucket Holdgate & Colletti Construction, Inc. By: Ale (ler oldgate President and TreasW'er Holdgate & Colletti Construction, Inc. On this 2.2.. day of June, 2006, before me, the undersigned Notary Public, personally appeared Alexander Holdgate in his capacity as President and Treasurer and proved to me through satisfactory evidence of identification which waS to be the person whose name is signed on the preceding or attached document and acknowledged to me that he signed it voluntarily for its stated purpose. ~~Yd . .~~~';=:OD ExPi:- "5""" 1'). "$~~. "; ~.~~ '~~,... ~\i. ~-s. .~ .:',:'0.\ :.!., " ~:; '." :;.\;~'\. :" :; ii!~l '. "''''hiT. BAAlS 1,;,.,..",:; . Public \:); . f Massachusetts 'l~ ' Itsion Expire. : ..;: .;,_ _,' ... ry 19,2010 . "'" ..;';t~ '(j.' . '."\ MASSAO SETTS EXOISE TAX t' Nantuoket C ty ROD 116 001 Date: 06/23120 10:37 AM Otrll 467648 24296 1 00002172 Fee: $32.307.60 Oon.. 7,084.632.00 NANTUa<ET lAND BANI< CERTIFICATE ~8Jd $ D~ D~ ~ "" .... = =1 r~ ."" .-1 ~~ (f~ ...". ,- _.1 ~.. !9(;' 0.... ....~ III III . BUSINESS CERTIFICATE .' The Commonwealth of Massachusetts · Town of Nantucket · August 17, 2006 In conformity with the provisions' of Chapter One Hundred and Ten, Section Five of the General Laws, as amended, the undersigned hereby declare(s) that a business under the title of 'Holdgate P~rtners . is conducted at Number Barnard Valley Road CITY OR TOWN by the following nam~d persons. FULL NAME RESIDENCE LonRfin, LLC P . O. Box 659, Whaler's Lane. by William F~ Hunter, duly authorized Nantucket, MA 02554 Signed . .~"""-.' -...... (SIGNATURE) f (SIGNATURE)..-4 William~F. Hun,er, duly authorized " .~ '-........_. SIGNATURE) (SIGNATUR~) The Commonwealth of Massachusetts Nantucket, SS" August .17. 2006 'Personally appeared befor~ me the above named William F. Hunter. on~ 'behalf of Longfin, .LLC, a Massachusetts limned liability company. and' made oath that the foregoing statement is. true. A certifica~e issued in, accordance wz'th this section shall be inforce and effectfor four (4) yearsfrom the ~te of ~iJI~ and shall be renewed each four years thereafter so long as such business shall'be conducted. and shaltlapie, and be void unless so renewed , .' . "ExpirationDate <6' r~. ~OIO . /~~~. <<l(J)(iJJ1 ,\lA' r~\. TT' U. '- I(S\KE'-';-: .- TRACJ~~ " ..l LL.o(\A. . (i)\i-bh(~; .L ., _ . ~ ~,.. Commonwealth ofM~usetts ~ IT \ Ck ~ - - . My Commission Expires ' TITLE . .. .:.02 554 . June 28.2007 .; ~. ',' '.' ., , I ATTEST: A TRUE Copy @. .~.~1""J.A . \",.../1. ... . _ -- \}Jl6~- o' " t-.;A~~Tl)CI<r:T TOW~.ClEAK l,04"" . <. -# s: ()6 BOARD OF l,S;::E[~SORS APR 1 8 2007 Town of Nantucket TOWN OF NANTUCKET, MA ZONING BOARD OF APPEALS LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER: Holdgate & Colletti MAILING ADDRESS: c/o Vaughan, Dale and Hunter P.c. PROPERTY LOCATION: Barnard Valley Road, Lot 8 Plan File 32-B ASSESSOR'S MAP/ PARCEL: Map 53, Parcel 25 APPLICANT: Longfin, LLC 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 139, Section 139-29 B (2). (!f!; ~O ~t)O 1 . . . . ................/....... DA j). /Jiiw .~~/.?I:... ASSESSOR'S OFFICE Town of Nantucket ~ ~ I . ! ! .-l .,.... . {Jl Q) '" Ill: {Jl Ill: Ill: ~ 01 0 Cl ~ Cl Cl III .... P. P< .., ~ ~ ~ ~ ~ ~ III 0 E-< 0 ~ H E-t H H ..:l o ~ Ill: ~ ~ P'. rq .-l E-t 0< rq '< '< p. CD {Jl E-t P. 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