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Home My WebLink About071-07 TOWN OF NANTUCKET ZONING BOARD OF APPEALS 2 FAIRGROUNDS ROAD NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 AMENDED NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at!1ill!! P.M.. FRIDAY. AUGUST 10.2007. in the Conference Room, 2 FAIRGROUNDS ROAD, Nantucket, MA, on the Application of the following: JONATHAN T. RAITH AND ELIZABETH R. RAITH BOARD OF APPEALS FILE NO. 071-07 Applicants are seeking relief by SPECIAL PERMIT pursuant to Nantucket Zoning By-law Section 139-20 (loading zone). Applicant proposes to share a loading zone with the immediately abutting lot to the west shown as Lot 758 on Land Court Plan 16514-70, (the subject of BOA Application No. 070-07). Applicants propose to site the loading zone within the required five-foot side yard setback area, at zero feet with half of the dimensionally conforming loading zone on the locus and half on the immediately abutting lot to the west. Otherwise, the vacant lot conforms to all dimensional zoning requirements. In addition, the Applicant is seeking relief by SPECIAL PERMIT pursuant to Nantucket Zoning By-law Section 139-9B(2)(a), (b) and (c) (light manufacturing; storage and warehousing; and fabrication and assembly of component parts for off-site construction or use), in order to be allowed to use the first floor 2-bay commercial space of a proposed new mixed-use structure for a contractor's shop, with up to two commercial tenants. The first floor space would also contain and ancillary office space. The second floor would contain a one bedroom apartment. All required parking would be provided on site. However, to the extent necessary, relief is also sought by SPECIAL PERMIT pursuant to Zoning By-law Section 139-18 to allow the sharing of the existing aisle width and access driveway with the immediately abutting lot referenced above. The Premises is located at 25 NOBADEER FARM ROAD (PORTION), Assessor's Map 69, Parcel 24.2, Land Court Plan 16514-70, Lot 759. The property is zoned Residential-Commercial- 2. /JirrUQl W- /JlctJL~ I Michael J. O'Mara, rman THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 CASE NO.c.J7) --R(p FEE: $300.00 APPLICATION FOR RELIEF Owner's name(s): Jonathan T. Raith and Elizabeth R. Raith Mailing address: 5 Kite Hill Lane, Nantucket, Massachusetts 02554 Applicant's name(s): Remwin, LLC ~~cf) ---- Mailing address: 2 Greglan Avenue, PMB # 306, Nantucket, MA 02554 Locus address: 25 Nobadeer Farm Road(portion) Assessor's Map/Parcel:69/24.2 Land Court Plan/Plan Book & Page/Plan File No.: 16514-70 Lot No.: 759 Date lot acquired: 02/03/99_ Deed Ref.lCert. of Title: 18,792 Zoning District: RC-2 Uses on Lot - Commercial: .. (describe) Vacant Residential: Number of dwellings 0 Duplex_ Apartments_Rental Rooms Building Date(s): All pre-date 7/72? No or Building Permit Nos: Previous Zoning Board Application Nos.:061-98 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 nonconformities: C of O(s)? See Addendum attached d --.J : ~ N --.J o ',_0 l.......J I certify that the information contained herein is substantially complete and true to the besflof my knowledge, und~t th pai s nd penalties of perjury. SIGNATU Applicant Attorney/Agent ~ (If not owner 0 wner's attorney, pIe se enclose proof 0 agency to bring this matter before the Board) FOR ZBA OFFICE USE Application received on:_/~_ By: Complete: Need copies?: Filed with Town Clerk:_/_/_ Planning Board:~~_ Building Dept.:~~_ By: Fee deposited with Town Treasurer:_/_/_ By: Waiver requested?:_Granted:~_/_ Hearing notice posted with Town Clerk:_/_/_ Mailed:_/_/_ I&M:~_/_ & _/_/- Hearing(s) held on:~_/_ Opened on:~_/_ Continued to:~_/_ Withdrawn?:~~_ DECISION DUE BY:~_/_ Made:_/_/_ Filed wrrown Clerk:_/_/_ Mailed:_/_/_ DECISION APPEALED?:_/_/_ SUPERIOR COURT: LAND COURT Form 4/03/03 Addendum Nantucket Zoning Board of Appeals Application 25 Nobadeer Farm Road Remwin, LLC (the "Applicant") has executed a Purchase and Sale Agreement to purchase the subject property from Jonathan T. Raith and Elizabeth R. Raith ("Owners") who are the owners of 25 Nobadeer Farm Road, Nantucket, evidenced by a deed recorded in the Nantucket Registry District of the Land Court as Document No. 83788 and Certificate of Title No. 18,792 (the "Locus"). The Locus is located in the RC-2 Zoning District and consists of one parcel of Land, Lot 759. Lot 759 is to be improved as described herein and shown on the plan attached hereto. Access to the Locus will be over a shared driveway with Lot 758 on said Land Court Plan, as described herein below. Locus, Lot 759, is one of two lots created as the result of an Approval Not Required division of land dated July 28, 2005 and filed with the Nantucket Registry District of the Land Court as Plan No. 16514-70, said land originally comprising a single lot on Nobadeer Farm Road. Prior to said ANR subdivision, the Locus was benefited by a Special Permit duly issued by the Nantucket Zoning Board of Appeals in BOA File No. 061-98 (the "1998 Special Permit"). The 1998 Special Permit allowed for the construction of an additional building on the Premises; however, the planned construction never occurred. As purchasers of Locus, Applicants are now seeking to construct a two (2) story wood frame building with a garage-shop on the first floor , divided into two bays, and two dwelling uni ts on the second floor (one one-bedroom unit and one two- bedroom unit). Said building shall have a ground cover of approximately 1,600~ square feet. The Locus is conforming as to lot area, containing about 5,005 +/- square feet where a minimum of 5,000 square feet is required, and otherwise conforms to all requirements of the RC-2 zoning district, including frontage, having frontage on Hinsdale Road in excess of the 40 feet required in the District. The newly constructed structure as proposed on the Premises will have a ground cover of about 32% in a Zoning District that allows ground cover of 50% for conforming lots. Except as discussed below, the proposed structure will conform to all other requirements of the By-law, including front, rear, and side yard setback, vehicle parking requirements and open space. The 1998 Special Permit also permitted the Premises to be used, in accordance with 139-9B (2) (a) (light manufacturing) (b) (Storage and Warehousing), and (c) (Fabrication and assembly of wooden components parts for off-site construction or use), to allow use of a two-bay garage for tradesman workshops and commercial storage and enclosed storage of tradesman's goods, materials and other personal property as well as light manufacturing. The 1998 Special Permit was then modified by Application No. 036-06 (the "2006 Modification") to limit the relief granted to Lot 758 and not Lot 759. Applicant seeks to use the Locus in accordance with the relief granted by the 1998 Special Permit. The Applicants are also requesting, consistent with the 1998 Special Permit, that they be permitted to lease each of the commercial spaces and dwelling units either individually or collectively. Applicant is also seeking relief by Special Permit pursuant to Zoning By-Law Section 139-20 (Off-street loading facilities) to permit a shared loading zone in conjunction with Lot 758. A Special Permit Application is filed herewith seeking such relief. The dimensionally conforming loading zone space would be constructed on Lots 758 and 759. The access for both lots would also be by a shared driveway. Furthermore, Applicants are seeking Special Permit relief from Section 139-18 A(3) (a) to permi t an aisle width of less than 24 feet for the parking on Locus. Applicant's request 1S meritorious and the relief requested may be granted without derogating from the health, safety, convenience, morals and general welfare of the inhabitants of neither the Town of Nantucket nor the Purpose of the By-Law. PARKING CALCULATIONS Sec. 138-18 Size (S. F. ) Requirement Cal. Space "C" Warehouse: 1600 s. f. 1/900 s. f. 1.78. 2 RC-2 dwelling: N/A . 75/bedroom X 1 3. 2 Required 4 Provided 4 Sec. 139-20 Off Street Loading 1 1 NOBADEER FARM 9NI>lCJ\7d ~ 0 Cf~"""}(-~='-6'" I (D po C;Q P IJ dO IY- l~J .fv Ir.A I L. Md{'hC~C:(lsr TV 9NI>I'C/\7d ,02 x ,6 W -1 <[ q V) Z I--i :r propo >i-d BUILDING 28' x 40' -Iv 6e.!hOV€o{ fo Site. FRONT , l.:J o~ C\J...., X ~ ~ , <r 0\ 0. , l.:J o~ C\J...... X ~ ~ , <r 0\0. >- <[ l=l :3 ww CL"...----;> <[ ....... I ~ CIll=l I _._. ~p,a ; - - ~-.. -~ ..-_/ / ! -----...--_.--'~. .ROAD I ~---,' 5"'0' / LOT 759 . v, WIDE: ; 1 sElVE:RrA~ /5,005 S.F.r 40.89' ....CiE}.IE:Nr. ! ~ dhC8 ~ NOT FND. ~ ~ ~ ~~ ~ ~ / ~.'1-( ~ I <:::> I ! CIj ~ / <J I~ () S / ~Vj ~f4 ~i ; I r~;' II-- -J Ii ('! / ./~ "" i/ /~ ~ ~/ /$ ~ :; fi1/ & ' ~ ~ ~ ZOANNG (lAmAD RC-2 PROPOSED: MIN. AREA: . . . . . . ~0~9 . S,F.. 5~9~ .Sf . (~qT 759) 40' SEE PLAN MIN. FRONTAGE: . . . . . . . . . . . . . . . . . . **10' SEE PLAN FRONT YARD S.B.: . . . . . . . . . . . . . . . . . 5' SEE PLAN REAR & SIDE S.B.: . . . . . . . . . . . . . . . . GROUND COVER (%): . . qO.%. .. 1 ,5.9? . ~.~.(3 ~ .~9%) / OPEN SPACE 1,318 SF.(26.3%) ** 10' SETBACK FOR BOTH HINSDALE ROAD and NOBADEER FARM ROAD NOTE: PLAN SHOWS 5 PROPOSED PARKING SPACES. SPACES 4 AND 5 ARE TO BE DEDICATED WITHIN GARAGE BAYS OF PROPOSED STRUCTURE. 69-81 N/F GREAT HARBOR YACHT CLUB, DEED BK.1082, PG. 335 PLAN FILE 53-M INC. 15.00' WIDE DRIVEWAY EASEMENT & SHARED DRIVEWAY FOR LOTS 758 & 759 dhCB FND. NOT LOCATED) ~ toG( .. I, ----!~i~RO~ -- b -- ICcGc 0. .LZ7 NS:o AlULn-FAAiiLy- - :-:-- ,- . O'I? 'AL l:7 OvtRL.~ -- UP#.J24/1 ... ~ROA,() ..l:J (.PR'.lr7 y O/STRI'CTLiN - - --.... OHW~ yAre _ t-J_ (/)I.I~l' R 33' "'7 VA/) _ <5' "YlJej .::/: lYI/)E) 69-23 N/F WALSH, JOHN JR. L.C.C. 16514-59 , CERT. #12590 I LOT 714 I , , /OJ I :,. , If:! iq J f~' ,7 ,~ Ii 'e ':>- Ii o ,:>- 'ii j,1I ; . f::: IJ? 1 ~ €l SEWEJ? ('i..LANO[)T-- . 70. OJ' ,__ N80'5J'27" t; ~;~~;;;?/"77"Ji!/17!~))J------, V,I / / - / / /</ /:/;~1/~1)J_,or::c;( / / / _ / _ '7 "---,.... I ;// /,////;;-'7-'; / ///;1 r;/ ' '/J ,I, / / / I ,~~! / / j / /! / /1 I ____ I 71.49-;-----.1---- 500' 141.52' . WIDE UTILITY EASEMENT 69-24.1 N/F DONOVAN, BARRY F. LC.C. 16514-4 CERT. #18548 LOT 199 REFERENCE IS MADE TO A PLAN TO ACCOMPANY BOARD OF APPEALS APPLICATION; AS REVISED JUNE 26, 2007 AND ON FILE WITH THE NANTUCKET ZONING BOARD OF APPEALS FOR LOT 758. I- o <oJ EXHIBIT A PLAN to Accompany ZBA Application Nantucket, Massachusetts (,;j (,;j ...:l 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 APPEAL-S will be held at 12:00 P.M.. FRIDAY. JULY 13.2007. in the Conference Room, 2 FAIRGROUNDS ROAD, Nantucket, MA, on the Application of the following: JONATHAN T. RAITH AND ELIZABETH R. RAITH BOARD OF APPEALS FILE NO. 071-06 Applicants are seeking relief by SPECIAL PERMIT pursuant to Nantucket Zoning By~law Section 139-20 (loading zone). Applicant proposes to share a loading zone with the immediately abutting lot to the west shown as Lot 758 on Land Court Plan 16514-7t>, (the subject of BOA Application No. 070-07). Applicants propose to site the loading zone within the required five-foot side yard setback area, at zero feet with half of the dimensionally conforming loading zone of the locus and half on the immediately abutting lot to the west. Otherwise, the vacant lot conforms to all dimensional zoning requirements. The Premises is located at 25 NOBADEER FARM ROAD (poRTION), Assessor's Map 69, Parcel 24.2, Land Court Plan 16514~70, Lot 759. The property is zoned Residential-Commercial- 2. fJ{ @~J.J0!LO~ Nancy J. Sevrens, halrman THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 CASE NO. ()7/~(j 7 FEE: $300.00 APPLICATION FOR RELIEF Owner's name(s): Jonathan T. Raith and Elizabeth R. Raith Mailing address: 5 Kite Hill Lane, Nantucket, Massachusetts 02554 Applicant's name(s): Same Mailing address: Same Locus address: 25 Nobadeer Farm Road(portion) Assessor's MaplParcel:69/24.2 Land Court PlanlPlan Book & PagelPlan File No.: 16514-70 Lot No.: 759 Date lot acquired: 02/03/99_ Deed Ref.lCert. of Title: 18,792 Zoning District: RC-2 Uses on Lot - Commercial: X Yes (describe) Vacant Residential: Number of dwellings 0 Duplex_ Apartments_Rental Rooms Building Date(s): All pre-date 7/72? No or C of O(s)? N/A Building Permit Nos: Previous Zoning Board Application Nos~61-98; 036-06- woJ1.?cJ \l.; ~. 7s15) 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 nonconformities: Applicants are seeking relief by SPECIAL PERMIT pursuant to Nantucket Zoning By-law Section 139-20 (loading zone). Applicant proposes to share a loading zone with the immediately abutting lot to the west shown as Lot 758 on Land Court Plan 16514-70, (the subject of BOA Application No. 070-07). Applicants pf-opose to site the loading zone within the required five-foot side yard setback area, at zero feet. Otherwise the loc:ds confogns to all dimensional zoning requirements. The Premises is located at 25 NOBADEER FARM ROAD (~ORTION), Assessor's Map 69, Parcel 24.2, Land Court Plan 16514-70, Lot 759. The property is zoned Residemial-1 Commercial-2. , , J J I certify that the information co knowledge, under the pains SIGNATURE: Applicant Attorney/Agent . ~ (If not owner or owner'" attorn'ef,p ease enclose prof of agency to bring this matter before the Board) , FO Z FFICE USE' Application received on:iJ;; 2<;f'r5/ By: Complete: ~ Need copies?: (~ Filed with Town Clerk:W?i'~ PliinriBg Board: . I ..' Building nept.: / r';:::~JY: Fee deposited with Town Treasurer:.b 'lJfrc!2By: ~aiver requested?:_ Grauted: --1--1_ Hearing notice posted with Town Clerk:~6@'.@Mailed: 0i2<(/?!)&M({;z...ilIj2t & 7 /flOZ Hearing(s) held on:_/_/_ Opened on:--..1_/_ Continued to:--..1--..1_ Withdrawn?:_/_/_ DECISION DUE BY:_/~_ Made:--..1_/_ Filed wffown Clerk:_/_/_ Mailed:_/_/_ Addendum Nantucket Zoning Board of Appeals Application 25 Nobadeer Farm Road Jonathan T. Raith and Elizabeth R. Raith (the "Applicants") are the owners of 25 Nobadeer Farm Road, Nantucket, evidenced by a deed recorded in the Nantucket Registry District of the Land Court as Document No. 83788 and Certificate of Title No. 18,792 (the "Premises"). The Premises is located in the RC-2 Zoning District. The Premises consists of two parcels of Land, Lots 758 (the "Locus") and 759. Lot 758 is improved with a contractor's shop and shown on a Plan of Land dated March, 2006, by Blackwell and Associates, Inc. Lot 759 is vacant. Access to both lots will be over a shared driveway as described herein below. Locus, Lots 758 and 759, are two lots created as the result of an Approval Not Required division of land dated July 28, 2005 and filed with the Nantucket Registry District of the Land Court as Plan No. 16514-70, said land originally comprising a single lot on Nobadeer Farm Road. The Premises was benefited by a Special Permit duly issued by the Nantucket Zoning Board of Appeals in BOA File No. 061-98 (the "1998 Special Permit"). The 1998 Special Permit was modified by a Modification to Special Permit in BOA file No. 036-06 (the "2006 Modification to Special Permit"). Among other things, the 2006 Modification to Special Permit allowed a shared driveway between Lots 758 and 759 and of street loading facilities within the side line setback. Applicant is now seeking to modify the previously granted relief by seeking relief by Special Permit pursuant to Zoning By-Law Section 139-20 (Off-street loading facilities) to permit an off-street loading facility to be shared between Lot 758 and Lot 759 as shown on the plan attached as Exhibit A. The dimensionally conforming loading zone space would be constructed with half of the area on each of the lots. The access for both lots would continue to be by the shared driveway. Applicant's request is meritorious and the relief requested may be granted without derogating from the health, safety, convenience, morals and general welfare of the inhabitants of neither the Town of Nantucket nor the Purpose of the By-Law. Town or Nantucket Web GIS Sale Date Sale Price Book/Page Lot Size 69 24.2 25 NOBADEER FARM RD RAITH JONATHAN T & ELIZABETH R 5 KITE HILL ROAD NANTUCKET, MA 2554 02/05/1999 $310,000 C0018/ 792 0.23 acres 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. Disclaimer 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:;jQInn,.~nhir Tnf",.m;ttin" C:;vc:l",:Im (~TC:;;' rI;tt::.h::tC:jQ1 Map Composed Town of Nantucket, Mass http://host.appgeo.comlnantucketma/PrintableMap.aspx?Preserve=Width&Map Width= 172... 6/2712007 Prop ID Address Owner Sale Date Sale Price Book/Page Lot Size Town of Nantucket Web GIS 69 24.2 25 NOBADEER FARM RD RAITH JONATHAN T & ELIZABETH R 5 KITE HILL ROAD NANTUCKET, MA 2554 02/05/1999 $310,000 C0018/ 792 0.23 acres . 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. Disclaimer 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 GAnnr;:mhir Tnfnrm:=-tinn C::vc:rAm (GTe;, rl~t;:th~C::A Town of Nantucket, Mass Map Composed http://host.appgeo . com/nantucketma/PrintableMap. aspx ?Preserve= W idth&Map Width=864... 6/2712007 ; \ I I ] r ~ I III ~ 1 I ~ , I I I 1 1 j ! j I ~ j I :j I i I I i .AC- -- \t...,.P- '" ~~.~.. ... '" 'l'-",~:c)C ~~').~ ~ ()~ 'HE INHABITANTS OF THE TOWN OF NANTUCKET NANTUCKET MEMOftlAL AIRPORT 78-1 o Q / ' I frlltf' ,., '\, ,'- - " .,-~ -to ~ II'; r,J/ ~~ 5-b. ~ ' *' ~4> ~OKLI Q J r/l'cJ ~ ' ().., f!.) ~ . f~,.rrJ ILl" (JM-,c,~,. ~ _ 'l/l r4t"tJ~ j~( 1~]ta(~U ;.J" l'l3~ / -'- . I 'I ~~(, ,,. 4 ,.a? lr.J1 - / .-... ,-16 _ ~/9 - ".6 '-. . .-. ----J,. _ - . ' ~~ '- ~-fl" ~::f_~~I!._ 8__ ~-~-- I jO - nlf' ~/I, -::-t;i.' ~ ~tJ '~'l · \ ..A1!-1. _-'J.tL__~ ,~ 116 _. ~ .,'A . _ .,)Ij~ ~oR I, \ ""ot IDA :- : ~:~1i-~-=- ~.!_~. _~ - ..1{'A _~- .M!Y.~--..- j ~>>- U __~ ~) /7A · _ ~ _~.O _ .." .2.10 _~Il_.. ~,. ~6 · _,}.!'f /14 ".- 'f~ .~lfll_ .- -~-:-~_~ \ ,~_ul.i""H' ..~ ... ~~... · fl.: ::J,:'--- i '1' . ~~ ~'tS--~~A'-'''--- ~ ~~ 7' ~---- ;;..~. / ~- / / THE lHHAllTANTS :)f THt TOW~ 8 29.2 A<C. I -I- i I / I - T Hl INHABITANTS OF THE TOW N OF NA NTUt KET NANTUCKET MEMOftlAL AI"~ORT 71-1 ... ",.:1-" / / /~ / .... / " "- /.... .... / /';'f" / (~'; " / ..... ~ ,. TOWN 'OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: {Yla I /5 , 200C, To: Parties in Interest and. Others concerned with the ~qIjeCISlon-6f the BOARD OFl APPEALS in the Application of the following: * Application No.: 03(0 - 0 (Q Owner/Applicant: J01V\. ntr-t\o.V\ . T: KQt +h and ~ (c'z ex. \ok'TVl -R. 1<0.. I '-Hn 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 co of the Becision must be given to the Town Clerk so as 0 be recel d within suc 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 g139-30I (SPECIAL PERMITS); @139-321 (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. NANTUCKET ZONING BOARD OF APPEALS 1 East Chestnut Street Nantucket, Massachusetts 02554 Assessor's Map 69 Parcel 24.2 (portion) RC-2 25 Nobadeer Farm Road Plan No. 16514-70 Lots 758 & 759 C~rtificate of Title No. 18,792 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M.; Friday, April 7, 2006, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of JONATHAN T. RAITH AND ELIZABETH R. RAITH, of 5 Kite Hill Lane, Nantucket, MA 02554, Board of Appeals File No. 036-06, the Board made the following Decision: 1. Applicants are seeking a MODIFICATION of SPECIAL PERMIT relief granted in the Decision in BOA File No. 061-98 under Nantucket Zoning By-law Section 139-9B(2) (a), (b) and (c) that allowed the Applicants to operate two existing garage bays for use for commercial storage and warehousing and as contractor's shops. Applicants were also granted relief to use a proposed new structure for the same purposes with said structure never having been built to date. As the result of a recent Approval Not Required division of the original lot into two conforming lots, the Locus, Lot 758, and the immediately abutting lot to the east, Lot 759, were created and shown on a plan dated July 28, 2005 and filed with the Nantucket Registry District of the Land Court as Plan No. 16514-70. The Applicants are now seeking to renovate the existing structure on Lot 758, the westernmost lot that no longer has frontage on Nobadeer Farm Road, with Lot 759 being a vacant lot with frontage on Nobadeer Farm Road. Said structure is a one-story wood framed building with two garage-shops on the first floor having conforming ground cover of approximately 1,188 square feet. The Applicants now wish to modify the above referenced Special Permit so that the relief is specific to Lot 758, Locus, and not applicable to the vacant newly created abutting Lot 759 immediately to the east, and further, to allow the substitution of new Exhibit "AU reflecting the proposed improvements on Locus and subdivision of the land. In addition, the Applicants intend to have both lots serviced by one shared driveway that would meet the requirements of Zoning By-law Section 139-20.1B. However, to the extent necessary, Applicants are also seeking relief by SPECIAL PERMIT under Zoning By-law Section 139-18 to allow the sharing of the required 24-foot aisle width and to allow the placement of the dimensionally conforming loading zone within the easterly required five-foot side yard setback area under Section 139-20 (substantially in the same location as previously approved prior to the subdivision). The Applicants intend to expand the conforming shop to q total ground cover of about 1,786 square feet and construct a one-bedroom apartment on the second floor. The required parking spaces and loading zone would be provided on site. The lot and expanded structure would continue to conform to all dimensional requirements of the By-law, including lot size, ground cover, front, rear, and side yard setback, vehicle parking loading and open space. The Premises is located at 25 NOBADEER FARM ROAD, (portion) Assessor's Map 69 Parcel 24.2, Land Court Plan No. 16514-70, Lots 758 and 759. 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 on the basis that no issues of planning concern were present. There were no letters on file with regard to the application and no opposition expressed by the public at the public hearing. 3. The Applicants, through counsel, stated that Locus was created by an Approval Not Required plan endorsed by the Nantucket Planning Board on August 7, 2005 which created Lot 758 and the immediately abutting vacant lot to the east, Lot 759. Both lots are conforming in all respects to the dimensional requirements of the Zoning By- law. The existing structure on Lot 758 is currently used for commercial storage, warehousing and as contractors' shops. Applicants represented that the property as a whole is benefited by a previous grant of Special Permit relief in the Decision in BOA File No. 061-98 which granted permission to a predecessor in title to use the structure for commercial purposes, i.e., two contractor's shops on the first floor, and it permitted the construction of a second building to be used as contractors' shops and with two residential apartments on the second floor. The second structure was never built but the existing structure has been used for light manufacturing, storage and warehousing and fabrication and assembly of component parts for off-site construction or use since the issuance of the Special Permit. 4. Applicants now wish to have the Zoning Board of Appeals modify said Special Permit pursuant to Nantucket Zoning By-law Sec. 139-29 E. (2) (Board of Appeals Powers) to state that the relief granted pursuant to that Application, is specific to Lot 758, Loous, and not applicable to the newly created vacant abutting Lot 759 located immediately to the east. In addition, the Applicants wish to expand the existing structure on Locus to allow an addition of approximately 598 square feet and add a residential one-bedroom apartment on the second floor. In connection with the expansion, the Applicants are requesting that the Board allow the substitution a new Exhibit "A" reflecting the proposed improvements on Locus. 5. In connection with the expanded structure on Locus, the Applicants are also seeking relief by Special Permit pursuant to Zoning By-law Section 139-20 (Off-street loading facilities) to permit the existing off-street loading space to be sited within the required five-foot easterly side yard setback area. The dimensionally conforming loading zone space would continue to remain placed entirely on the Locus and substantially in the area previously permitted under the Special Permit. But due to the subdivision, the space has become sited within the required easterly five-foot side yard setback area. The access for both lots would also be by a shared driveway from Hinsdale Road to prevent another curb cut on the heavily traveled Nobadeer Farm Road for Lot 759. Notwithstanding the request for relief, the Applicants are not seeking Special Permit relief from Section 139-18 A(3) (a) to permit an aisle width of less than 24 feet for the parking on Locus. The Applicants will provide the required 3 parking spaces for the proposed expanded structure. 6. Therefore, based upon the foregoing, the Board finds that modifying the relief to be particular to Lot 758 only would be in harmony with the general purpose and intent of the Zoning By-law, and consistent with grants of relief for similar situations, including another nearby property on Nobadeer Farm Road. In addition, the Board finds that allowing the sharing of the access driveway entrance would be in harmony with the general purpose and intent of the Zoning By-law and would not be contrary to sound traffic and safety concerns in that maintaining one driveway access would be less intrusive to the neighborhood. The Board also finds that Nobadeer Farm Road is substantially developed in a similar manner as the Locus, with mixed-use residential-commercial buildings of similar size and the modification would not create a situation out of context with the heavily developed area. 7. Accordingly, by UNANIMOUS vote, the Board GRANTS the requested MODIFICATION of the SPECIAL PERMIT relief granted in the Decision in BOA File No.061-98 to make the relief particular to Lot 758 only; SPECIAL PERMIT relief under Zoning By-law Section 139-18 to allow the sharing of the access driveway with the easterly immediately abutting Lot 759; and SPECIAL PERMIT relief under Zoning By-law Section 139-20 to allow the placement of the loading zone within the required five-foot easterly side yard setback area, based upon conditions set forth in Special Permit 061-98 as incorporated below, as well as new conditions imposed herein: a. The newly created lot, improvements, screening, parking and loading plan shall be substantially as shown upon the new "Plot Plan", done by Leo Asadoorian, dated March 21, 2006, a reduced copy of which is attached hereto and marked as Exhibit A-I, with the densely planted and maintained perimeter vegetation done as shown on new Exhibit A-I; b. Hours of commercial operation shall be no earlier than 7:00 A.M and no later than 7:00 P.M., with no Sunday operation of any commercial uses; c. There shall be no outside storage of goods or materials associated with the commercial use without further relief from this Board; d. There shall be a maximum of two separate commercial tenants using the site. 8. In separate action, the Board by UNANIMOUS vote, approves Exhibit A-I as the site plan as required under Nantucket Zoning By- law Section 139-23. Dated: May I~, 2006 ~ Edward Murphy MIN, AREA: . . . ,~QO,O. $~ . , . 5?2~ ,sF. . 40' 69.73' MIN. FRONTAGE: . , . . . . . . . . . , , , . , . . . 20' SEE PLAN FRONT YARD S.B.: . . . . . . . . . . . . . . . . . 5' SEE PLAN REAR &: SIDE S.B.: . . . . . . . . .. . . . ( ) 50% .1..1,88,' S. F. .(2.' 2.7%) GROUND COVER %: , . .D. , . , EXISTING STRUCTURE: 1,188 S.F. PROPOSED ADDITION: 598 S.F. 1,786 S.F. (34.2%) OPEN SPACE: 1.116 S.F. (21.3%) PARKING/DRIVES: 2,326 S.F. (44.5%) ..rr' ___v -J -r--'-- - -. ..___ Nantucket Zoning Board of Appeals dhC8 l'ND, (NOT LOCATED) -.. EDCi- I -- ~ OF OIIlTiiOAO'" ---- ~ -- -- ---- ~~-- 8.1NS.DALe (? 6~ c) 3(;,-- oc, wl'~d-r1,..' 69-23 N/f WALSH. JOHN JR, I LC,C. 16514-59 (PENDING) I CERT. #12590 LOT 714 ---- ---- - -~ ---- 4lUtll-F:;;--1l, ~ -------- y O~ ~ ::::-- ---- (PRIP' Y DISTRICT /IN(~:::--''::::::'' ____ ATli' -- ~--:;; (/JfRl' Ii, - 33' II' '04/J _ <0' 1'lJli') :t- IYf/J4') .ROA.D I II ~ I~ e I! 'I It:: /1 /~\ / ~ 15.00' WIDE / f.:j DRIVEWAY EASEMENT & SHARED DRIVEWAY WITH LOT #759 LOT 758 5,228 S.F.:i: 69-24.1 N/f DONOVAN, BARRY f. LC.C. 16514-4 CERT. #185~ LOT 199 7f.49' "t,~2' ORIGINAL SIGNED AND STAMPED COPIES OF THIS PLAN MAY BE PHOTOCOPIED BY THE BOARD OF APPEAlS OR THE NANTUCKET COUNTY REGISTRY OF DEEDS FOR RECORDING PURPOSES. IN CASES OF DISCREPANCIES REGARDING INFORMATION CONTAINED HEREON AND UNAUTHORIZED PHOTOCOPIES OF THIS PLAN, ONLY ORIGINALLY STAMPED AND ENDORSED COPIES SHALL BE ACKNOWLEDGED BY THE CERTIFYING LAND SURVEYOR. Plot Plan to Accompany Board of Appeals Application in Nantucket, Massachusetts SCALE: 1"= 20' DATE: MARCH 21, 2006 Owner: . ~qNATH.A~ . T: .~ .E~I~A.B~H. ~" ~~I~H. . . THIS PLOT PLAN WAS PREPARED TO ACCOMPANY AN APPLICATION TO THE NANTUCKET BOARD OF APPEALS AND IS NOT TO BE ~ CONSIDERED A FULL INSTRUMENT SURVEY. ~ THIS PLAN SHOULD NOT BE USED TO ESTABLISH PROPERTY LINES. ~ FENCES. HEDGES OR mi ANCILlARY STRUCTURES ON THE PREMISES. ! THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PLANS !l OF RECORD. ~ ~ THIS PLOT PLAN IS NOT A CERTIFICATION AS TO TO THE TITLE OR ~ OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES ,. ARE SHOWN ACCORDING TO CURRENT TOWN OF NANn:JCKET ASSESSOR ~ RECORDS. ~ THIS PLAN MAY NOT BE USED FOR ANY OTHER PURPOSE THAN ITS ~ INTENDED USE NOTED ABOVE. ,; C 2002 Blockwell ell Associates Inc. . . . . . . . . . . . . . . . . . LOt 758' . . . . DeedjCert.: . C;E.RT.. 18.)92 Plan: Lt;;.p~ .1 p~ 1.4:-7Q 69-24.2 Tax Map: . pqR:r19l'!. Locus: 2.5. ~O!3~D.E~R. ~AR~ .R~. BLACKWELL &: ASSOCIATES. Inc, Professional La.nd. Surveyors 20 Teasdale Circle Nantucket Massachusetts 02554 (508) 228-9026 B- 5272 FBK.: , wg. oser e TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: July ;<}f , 19 98 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 061-98 Owner/Applicant: RONALD K. BAMBER 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 TWEN~Y (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. ~L(J11 )~ ________Dale W. Wain~'-" , Chairman cc: Town Clerk Planning Board Building Commissioner \ PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING-TO NANTUCKET ZONING BY-LAW ~139-30I (SPECIAL PERMITS); 0139-321 (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. APPLICATION OF RONALD K. BAMBER c/o Richard J. Glidden Glidden & Glidden, P.C. 37 Centre street Nantucket, MA 02554 ZONING BOARD OF APPEALS South Beach Street Nantucket, MA 02554 Map 69 Parcel 24.2 R-C-2 25 Nobadeer Farm Road Lot 198, LC Plan 16514-4 certificate of Title No. 18,250 At a Public Hearing of the ZONING BOARD OF APPEALS held at 1:00 P.M., Friday, June 12, 1998, at the Town Building Annex, 37 Washington Street, Nantucket, Massachusetts, on the Application of Ronald K. Bamber, PO Box 26, Nantucket, Massachusetts 02554, Board of Appeals File No. 061-98, the Board made the following decision: l. Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-Law Chapter 139-9B(2) (a) (light manufacturing), (b) (storage and warehousing), and (c) (fabrication and assembly of component parts for off-site construction or use). Applicant proposes to construct a new 1,4401 square-foot building with two (2) units on the first floor, on a lot that currently contains a 1,1861 square-foot structure that will also have two (2) units. Applicant intends to lease the four (4) units separately. The Premises is located at 25 NOBADEER FARM ROAD, Assessor's Map 69, parcel 24.2, Land Court Plan 16514-4, Lot 198. The property is zoned Residential-Commercial-2. 2. The decision is based upon the application and materials submitted therewith, and the testimony and evidence introduced at the hearing. There was no recommendation from the Planning Board as the Board determiRed that the matter was not a planning concern. There were no letters on file. 3. Applicant's attorney, Richard J. Glidden, presented the case for the Applicant. He explained that the lot currently contains a 1,186 square-foot structure divided into two units, each of which contains a bathroom. Said structure was constructed in 1980 pursuant to a validly issued building permit, and the bathrooms were added in 1997 pursuant to a validly issued building permit. At the present time the two (2) units are being used as a carpenter shop by one tenant. Applicant intends to construct a new 1,440 square-foot building containing two (2) units, each unit with its own bathroom. Applicant then wishes to have the right to lease all four (4) units either individually or collectively for any of the following uses: a. light manufacturing; b. storage and warehousing; c. fabrication and assembly of component parts for off-site construction or use. Two (2) abuttors spoke on this application raising neighborhood concerns. They were not in opposition to the proposal, but they felt that the Board should impose conditions to protect the residential use that existed in the neighborhood. 4. The Board finds as follows: a. That the proposed use is in harmony with the spirit and intent of the By-law, and these commercial uses are proposed to be located in the area of the Island, close to the airport, where such uses should properly be located. b. Applicant's plan complies with the parking requirements and loading zone requirements of the By-law. c. These uses, with appropriate conditions, will not be detrimental to the neighborhood. 5. Therefore, by unanimous vote, the Board grants the special Permit under Chapter 139-9B(2) (a) (b) and (c) upon the following conditions: A. The hours of operation shall be 7:00 a.m. to 7:00 p.m.; B. No outside storage of goods, materials or equipment; C. No Sunday operation; and D. Densely planted and maintained perimeter vegetation. E. Should the Applicant or a successor in title, wish to provide up to two (2) residential units on the Premises, this Special Permit does not restrict said use provided that the requisite parking be provided on site and the revised parking and location of the structures be shown on a revised site plan approved by this Board. 6. The Board, per Nantucket Zoning By-Law @139-23, then voted unanimously to accept the site plan prepared for the Applicant and noted as "Bamber Storage & Warehousing Site Plan", signed by the Board on July 10, 1998 and on file at the Board of Appeals. Dated: JUlY.;lz1, 1998 JfSJJO RECEIVED BOARD OF ASSESSORS. Town of Nantucket JUN' 1 2 Z007 . ZONiNG BOARD OF APPEALS . TOWN OF NANTUCKElt, MA .' , (~ LIST'OF PARTIES 'IN INTEREST IN THE MA TIER OF THE PETrrION OF' PROPERTY Ovn-jER:.~.O.'(\~.:I.~...8\~~.~..R.~B.~ MAILING ~OORESS.. 5. .l{d~.. ..th..J.!:.. .~.....N .C1ft .............. '. PROPERTY LOCATION...f) 5... ..NOb.Cld~L. .kr.m.. .B.d.~.. . . , [. 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FRONTAGE: . . . . . . . . . . . . . . . . . . 10' SEE PLAN FRONT YARD S.B.: . . . . . . . . , . . . . . . . . 5'** SEE PLAN REAR & SIDE S.B.: . . , . . . . . . . . . . . . . 50% 1,188SF (22.7%) , GROUND COVER (%): . . .0, . . . . . . . . . . . ** LOT 759 SHALL MAINTAIN 10' SIDE YARD SETBACK FROM ANY OTHER STREET OR WAY. EXISTING STRUCTURE: 1,188 S.F. PROPOSED ADDITION: 598 S.F. 1,786 S.F. (34.2%) OPEN SPACE: 1,116 S.F. (21.3%) PARKING/DRIVES: 2,326 S.F. (44.5%) Approval of Special Permit Nantucket Zoning Board of Appeals DA TE APPROVED: FILE NUMBER: dhCB FHD. (NOT LOCATED) ... ... (DGE: Of: / __ ...... DIRT ROAD --... ...-- I Zrz ......__ ICDG( ~~-' NS'j) ... ... .. .Or O'ftr 'AI, 1;'1 AtULn_F~ ... ... UPfJ24/1 ftg-10 ~ (pn O~RLAY D/ST;;c-- ... OHW ~-r.lf?A7'e TU/olC--..j'" (/)f~l' ~ - 33' JY 'O<4/) - -205' IlJe) .:t: Jrf/)4') 69-23 N/F WALSH, JOHN JR, I L.C,C. 16514-59 (PENDING) I CERT. *12590 LOT 714 / LOT 758 5,228 S.F.:t .ROAn 17 ~~ ~ I", is 1>- // 1/ It:!: /~ --. / \ / ~ 15.00' WIDE / ~. DRIVEWAY EASEMENT & SHARED DRIVEWAY WITH LOT #759 l::!/ N " / ."" / ~ ::t /~ /~. ~/ / / 7' ~ 71..9' '.1.52' wjJr/snNG SHap /t)~TY, LLiNG 69 24.1 N/F DONOVAN, BARRY F. LC.C. 16514-4 CERT. #18548 LOT 199 ORIGINAL SIGNED AND STAMPED COPIES OF THIS PLAN MAY BE PHOTOCOPIED BY THE BOARD OF APPEALS OR THE NANTUCKET COUNTY REGISTRY OF DEEDS FOR RECORDING PURPOSES. IN CASES OF DISCREPANCIES REGARDING INFORMATION CONTAINED HEREON AND UNAUTHORIZED PHOTOCOPIES OF THIS PLAN, ONLY Plot Plan to Accompany Board of Appeals Application in Nantucket, },{ assachusetts