HomeMy WebLinkAbout028-05
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Da te: 1fpr2~ C Zcr
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To: Parties in Interest and. Others concerned with the
Decision of .the BOARD OF APPEALS in the Application of ~he
following: .~
Application
o.? f?~o5
Owner/Applicant: C&fnUl\cQ O..ta.vn08 .~. G..:.Sb11!'
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APPEALS which has
Nantucket Town
No. :
i ,!
Enclosed is the Decision of the BOARD OF
this day been filed in the office of the
Clerk.
An Appeal from this Decision may be taken pursu~nt 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 V~RIANCES HAVE A TIME
LIMJ.T AND WILL EXPIRE IF NOT ACTED UPON ACCORDING" TO NANTUCKET
ZONING BY-LAW ~139-30I (SPECIAL PERMITS); ~139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
Assessors Map 69
Parcel 58
R-C-2
6 Arrowhead Drive
Land Court Plan 26984-J
Lot 30
Cert. of Title 15,698
At a Public Hearing of the Nantucket Zoning Board of Appeals, held at 1 :00 P.M.,
Friday, April 8, 2005, in the Conference Room, Town Annex Building, 37 Washington
Street, Nantucket, Massachusetts, on the Application of the EDMUND J. RAMOS, JR.,
AS OWNER AND FOR NORTH ATLANTIC DEVELOPER, LLC, CONTRACT
PURCHASER, of PO Box 183, Nantucket, MA 02554, and 130 Old South Road,
Nantucket, MA 02554, respectively, Board of Appeals File No. 028-05, the Board made
the following Decision:
1. Applicant (North Atlantic Developer, LLC) is seeking a MODIFICATION of an
existing SPECIAL PERMIT granted in the Decision in BOA File No. 04-94 as modified
in the Decision in BOA File No. 010-96. Applicant proposes to change the current use of
the property from the storage of plumbing supplies to storage of construction materials.
In addition, the Applicant is seeking relief by SPECIAL PERMIT under Nantucket
Zoning By-law Section 139-9B(2)(b) (storage and warehousing) to allow properly
screened outside storage of goods and materials. The Locus is currently improved with a
three-bay garage that is currently used for the storage of plumbing materials, office space
and an apartment on the second floor. The use of the Locus for dwelling and office space
purposes is allowed as a matter of right in this district. All parking and loading zone
requirements would be met on site. The Locus is conforming in all respects.
The Premises is located at 6 ARROWHEAD DRIVE, Assessor's Map 69, Parcel
58, Land Court Plan 26984-J, Lot 30. The property is zoned Residential-Commercial-2.
2. The Decision is based upon the Application and the materials submitted with it
and the testimony and evidence presented at the Hearing. The Planning Board made no
recommendation as there were no issues of planning concern. There were no letters on
file as of the meeting and no opposition presented at the hearing.
3. Applicant (North Atlantic Developer, LLC), through its representative, stated that
the property was benefited by previously granted Special Permit relief. In the Decision in
BOA File No. 004-94, a commercial structure was allowed to be used for the storage of
plumbing and heating materials, office space and related equipment for the owner's
business. In the Decision in BOA File No. 010-96, the aforementioned Decision was
modified by allowing the existing second floor space to be used as a two-bedroom
apartment and by allowing the leasing ofthe commercial space to an outside entity, when
use had previously been restricted to the owner of the premises.
The Applicant is now seeking to modify the previous Decisions and additional
relief by special permit in order to alter the use of the structure by removing the plumbing
and heating business and allowing a contractor's shop to operate out ofthe building. In
addition, Applicant is seeking new relief by special permit to allow outdoor storage of
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
NOTICE
A Public Hearing of the NANTUCKET WNING BOARD OF APPEALS will
be held at 1:00 P.M., FRIDAY, APRIL 8, 2005, IN THE CONFERENCE ROOM,
TOWN ANNEX BIDLDING, 37 Washington Street, Nantucket, Massachusetts, on the
Application of the following:
EDMUND J. RAMOS, JR., AS OWNER, AND FOR NORTH ATLANTIC
DEVELOPER, LLC, CONTRACT PURCHASER
BOARD OF APPEALS FILE NO. 028-05
Applicant (North Atlantic Developer, LLC) is seeking a MODIFICATION of an
existing SPECIAL PERMIT granted in the Decision in BOA File No. 04-94 as modified
in the Decision in BOA File No. 010-96. Applicant proposes to change the current use of
the property from the storage of plumbing supplies to storage of construction materials.
In addition, the Applicant is seeking relief by SPECIAL PERMIT under Nantucket
Zoning By-law Section 139-9B(2)(b) (storage and warehousing) to allow properly
screened outside storage of goods and materials. The Locus is currently improved with a
three-bay garage that is currently used for the storage of plumbing materials, office space
and an apartment on the second floor. The use of the Locus for dwelling and office space
purposes is allowed as a matter of right in this district. All parking and loading zone
requirements would be met on site. The Locus is conforming in all respects.
The Premises is located at 6 ARROWHEAD DRIVE, Assessor's Map 69, Parcel
58, Land Court Plan 26984-J, Lot 30. The property is zoned Residential-Commercial-2.
~~~fl~0Y
Nancy J. Sevrens, Ch' an
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. 0 t%~(
FEE: $300.00
APPLICATION FOR RELIEF
Owner's name(s): Edmund J. Ramos, Jr.
Mailing address: P.O. Box 183, Nantucket, MA 02554
Applicant's name(s): North Atlantic Development, LLC
Mailing address: 130 Old South Road
Locus address: 6 Arrowhead Drive Assessor's MaplParcel: Map 69, Parcel 58
Land Court PlanlPlan Book & PagelPlan File No.: land Court Plan 26984-J Lot No.: 30
Date lot acquired: 04/16/03 Deed Ref.lCert. of Title: 15,698 Zoning District: Residential-Commercial-2
Uses on Lot - Commercial: None _ Yes (describe L Storage of plumbing supplies
Residential: Number of dwellings 1 Duplex_ Apartments Rental Rooms
Building Date(s): All pre-date 7/72 No or Conforming C of O(s)yes
Building Permit Nos: 10520-93
Previous Zoning Board Application Nos. 1989 Variance, Special Permit 004-94, Modification to Special
Permit 010-96
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:
See Addendum Attached
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I certify that the infO.. rm~!!~.. containe~ herein i~ substantially complete and true to the best of my
knowledge, under theJOt~d penaltIes of perJury.
SIGNA~..W~ , Applicant Attorncy/AgcntL
(If not owner or owner's attorney, please enclose proo of agency to bring this matter before the Board)
FOR Z 0 FICE USE ~
Application received on:s....1 rffBy: Complete: Need copies?:~
Filed with Town ClerkG../22aPlaBlliug B9tlr~~ i i Bulldiu~ Dtpt.. ,,~ By:~
Fee deposited with Town Treasurer:&Zt~y:~ Waiver requested?: Granted:_I_I_
Hearing notice posted with Town Clerk: :3 1 "22Jd/Mailed:~/0g-vI&M: '9 ~'00J~&.5: IS I KJ..L::
Hearing(s) held on:_I--1_ Opened on:~_I_ Continued to:_I_I_ Withdrawn?:_I_I_
DECISION DUE BY:~_I_ Made:_I_I_ Filed wffown Clerk:_I_I_ Mailed:_I_I_
...
ADDENDUM
North Atlantic Development, LLC
6 Arrowhead Drive
The Applicant seeks a Modification of an existing Special Permit
(Zoning Board File No. 04-94 as modified at 010-96) to change
the current use of the property from the storage of plumbing
supplies to storage of construction materials. In addition, the
applicant seeks a Special Permit under Nantucket Zoning By-law
(the "By-law") ~139-9B (2) (b) to permit the properly screened
open storage of goods and materials.
The locus consists of one lot shown as Lot 30 on Land Court Plan
No. 26984-J which is located in a Residential 2 (R-2) zoning
district.
Locus is currently improved with a three bay garage that is
currently used for the storage of plumbing materials, office
space and above the garage, a two bedroom apartment. The
applicant, the contract purchaser, intends to use Locus for the
storage and warehousing of construction materials. In addition,
the applicant is requesting the right to have properly screened
outside storage of such construction materials.
The use of locus for a dwelling and office space is allowed as
of right in the RC-2 District.
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PBOPOSID PARICnG PIAN
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NANTUCKET, MASSACHUSETTS
SCALE::!'k 30' DA TE~j~. 24. ~b
PREP ARED FOR:
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DEEDREFERENCE':1:C. G=c:r 15,('~8
PLAN REFERENCE~LctL 26']8'fJ
ASSESSOR'S MAP:. G 9 PCL. 58
CURRENT ZONING MAP:'~,C. Z
MINIMUM. LOT SIZE: 5:000 S,1=:
MINIMUM FRONTAGE: -/0 h-'
FRONTY ARD SETBACK: ;eo' A-
SIDE AND REAR SETBACK: S' A-
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Plumbing Shop 1205"" = 2
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AS-BUILT PLOT PLAN
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...t;.- \;\ OF M4~"; SCALE' ;'/_ 3::)' DATE ^-
CURRENT ZONING MAP:t<-C. Z ;l;;;~~~~::.:~~!!:f;;,\.- .- : .....~.oL-8/17
MINIMUM LOT SIZE: 6;'OC'XJ 5Q FT- ihY/ :\!\.JI~AR,) W~} DEED REFERENCE:,L.c ~ /6;'~~
MINIMUM FRONTAGE: .. 40 n- ~\.~.".I ....[./\RLE :j))Z;;i~ PLAN REFERENCE:Lc?L ZC,CJ81J
FRONTY ARD SETBACK: ZO ~ J2.\:~\:\ r:,:" 2'J.j!c~/ it.~ ASSESSOR'S MAP 09 PCL. -.5a
SIDE AND REAR SETBACK:.:5 Fi- A ~<'J~~~~':o~t'v~PREP ARE.D OR/
ALLOWABLE G.C.R.: 50 9J; L~~~~ . oN:/), ~1'0/)~LEY A
EXISTING G.C.R.: /0 % - . 'T9..rK'... Kb..}10.s J,e'
PROPERTY LINES SHOWN ARE TAKEN FROM.RECORDED - NANTUCKET ?URV~YORS INC. .
DEED AND PLAN REFERED TO HEREON. BUILDINGS. MONUMENTS, 5 WINDY WAY ,
ETC. ARE PLOTTED FROM FIELD MEASUREMENTS. NANTUCKET, MA. 02554
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
April ~ ' 19 96
To: Parties in Interest and, Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.:
010-96
Owner/Applicant:
EDMUND J. RAMOS, JR. AND
KIMBERLEY A. RAMOS
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.
Michael
O'~
'Mara" 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 9139-301 (SPECIAL PERMITS); 9139-321 (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Assessor's Map 69
Parcel 58
Residential-Commercial-2
6 Arrowhead Drive
L. C. Plan 26984-J, Lot 30
Cert. of Title 15,698
At a Public Hearing of the Nantucket Zoning Board of
Appeals, held at 1:00 P.M., Friday, March 8, 1996 in the
Selectmen's Meeting Room, Town and County Building, Broad Street,
Nantucket, Massachusetts, on the Application of EDMUND J. RAMOS,
JR. AND KIMBERLEY A. RAMOS, of P.O. Box 183, Nantucket, MA 02554,
Board of Appeals File No. 010-96, the Board made the following
Decision:
1. Applicants are seeking a MODIFICATION of Board of Appeals
Decision File No. 004-96 in which a SPECIAL PERMIT under Nantucket
Zoning By-Law 9139-9B(2)(b) (storage and warehousing) was granted
to allow the use of the proposed structure for storage and
warehousing of plumbing related equipment and materials and that
would also contain 520+ square feet of office space. Applicants
represented at the time that the second floor area over the garage
space would be used for "dead storage" and that the structure would
be for their own use and not leased to another entity. Applicants
now propose to construct a two-bedroom apartment in the area above
the garage space and wish to have the option of leasing portions of
the premises to another entity and not be precluded from using the
property for other uses permitted as a matter of right without
Special Permit relief.
The premises is located at 6 ARROWHEAD DRIVE, Assessor's Map
69, Parcel 58, and shown on Land Court Plan No. 26984-J, as Lot 30.
The property is zoned Residential-Commercial-2.
2. The Decision is based upon the Application and materials
submitted with it, and testimony and evidence received at the
hearing. The Planning Board made no recommendation.
3. Applicants propose to add a two-bedroom apartment to the
second floor of a three-bay structure currently being used in
conjunction with a plumbing and heating business. Applicants further
seek to be allowed to lease or rent the property to separate
entities apart from themselves. The structure contains 1200~ square
feet of commercial space and 520+ square feet of office space and is
not in violation of dimensional zoning requirements. In Board of
Appeals Decision File No. 004-94, Applicants represented that there
would only be "dead storage" space above the garage and that the
entire commercial space and office would be used in the operation of
their business. Though those representations were not specifically
stated as conditions in that Special Permit, Applicants are now
seeking to clarify and modify that Permit to the extent necessary to
allow the change in use as requested above. Applicants also wish to
maintain the relief granted by Special Permit under Nantucket Zoning
By-Law ~139-9B(2)(b).
4. Accordingly, the Board finds that the addition of a
two-bedroom apartment in the second-floor space and leasing or
renting of the premises or a part thereof to a separate entity or
entities other than the owners of the property, would be in harmony
with the purpose and intent of the Nantucket Zoning By-Law and would
not be in violation of Zoning By-Law ~139-7E(4).
5. Therefore, by a unanimous vote, the Board GRANTS the requested
MODIFICATION of Board of Appeals Decision File No. 004-94 to remove
the condition that the second floor must be used for "dead storage"
only and permit use of the space as a two-bedroom apartment and allow
the leasing or renting of any portion of the premises to separate
entities other than the owners of the premises. The Board
acknowledges that uses permitted under Zoning By-Law ~139-9A are
allowed by right without a Special Permit from this Board. However,
Applicant must meet all parking and loading zone requirements.
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MichaA-~,.I. O'Mara
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Office Space 897 Sq Ft
Plumbing Shop 1205 /I II
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= 8
PROPOOED pARl<]N; PIAN
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CURRENT ZONING MAP:'~"C. Z ~ RICHARD t-cr
MINIMUM. LOT SIZE: 5:000 S.!=: .~ EA~L,~' '2
MINIMUM FRONTAGE: -'/o.,c:;-. No, 29416 l!
FRONTY ARD SETBACK: Zo A- , .f'rcISTt\l-\''> #'
SIDE AND REAR SETBACK: s'p;. ()
ALLOWABLE G.C.R.: $0 % ·
~STING G.G"s:: ;'0 %.. 1.7fpS' <oa Pi' t.;}
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. DEED AND PLAN REFERED TO HEREON. BUILDINGS. MONUMENTS,
ETC;. . ARE PLonED mOM FIELD MEASUREMENTS.
NANTUCKET, MASSACHUSETTS
SCALE::t'h30' DATE::~~.Z+,'l6
PREP ARED FOR:
EDt1u...i:DJ i KUvr8e:R.L.E:'1 A 'KA.l1ceJ~
NANTUCKET SURVEYORS INC.
S)V1NDY WAY
Nto,NTUCKET, .MA. 02554-
DEED REFERENCE':t:. Ci:cr '5,6~8
PLAN REFERENCE:~LctL 26?8'fJ
ASSESSOR'S MAP:. G9 PCL. 58
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: January 14
, 1 9 94
To: Parties in Interest and Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
foU.owing:
Application No.:
004-94
Owner/Applicant:
EDMUND J. AND KIMBERLEY A. RAMOS
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.
it /)-at&L
~ ~ . ~
Linda F. Williams, ViceChalrman
cc: Town Clerk
Planning Board
Building Commissioner
..
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Map 69.0
Parcel 58
RC-2
6 Arrowhead Drive
L.C. Plan 26984-J
Lot 30, Cert. 15,533
At a Public Hearing of the Nantucket Zoning Board of
Appeals held at 1:00 P.M., Friday, January 7, 1994, in the Town
and County Building, Broad Street, Nantucket, MA on the
Application of EDMUND J. AND KIMBERLEY A. RAMOS, P.O. Box 183,
Nantucket, MA, 02554, Board of Appeals File No. 004-94, the Board
made the following Decision:
1. Applicants are seeking relief by Special Permit under
Nantucket Zoning By-Law 9139-9B.2(b) (storage and warehousing).
Applicants propose to store plumbing and heating materials and
related equipment in their commercial structure.
The premises are located at 6 ARROWHEAD DRIVE, Assessor's
Map 69.0, Parcel 58, as shown on Land Court Plan 26984-J, Lot 30.
The premises are zoned Residential-Commercial-2.
2. The Decision is based upon the Application and materials
submitted with it, the testimony and evidence presented at the
Hearing and a favorable recommendation by the Planning Board.
3. Applica~ts propose to construct a commercial building that
will consist of a 3-bay garage area of 1200 S.F, to be used for
storage of materials and equipment used by their plumbing and heating
business, and a 520 S.F. addition containing office space. There
will be "dead" storage space above the garage area but not the
office area. Applicants represent that the structure will be for
their own use and not leased to another entity. There will be no
outside storage nor storage of hazardous materials.
4. Accordingly, by unanimo~s vote, the Board GRANTS the
requested relief by Special Permit under 9139-9B.2(b) to permit
the use of the proposed structure for storage and warehousing of
plumbing related equipment and materials and that will also
contain office space. The Board finds that the proposed use is in
harmony with the purpose and intent of the By-Law being located in
a commercial area on a street that contains several ccmmercial
structures and businesses.
Dated: January
/i-f, 1994
~
(j},l171Pd$-'
Ann Balas
Michael Angelastro
. #S,()O
(~@[PV
Town of Nantucket
ZONING BOARD OF APPEALS
RECEIVED'
BOARD OF ASSESSORS
MAR 1 7 2005
. TOWN OF
NANt:ucKET. MA
,
c'
LIST'OF PARTIES IN INTEREST IN THE MAnER OF THE PETITION OF'
PROPERTY O\VNER....~,~~'!~~.. ~:.,~c?-~9.~". .~F.:. ..,... ...... H.... .,...' ...... I.n,
." .'
MAILfNG ADDRESS. ~.~ ~ ..~~J;?;\1..f., ..~).g~,l; 1.J;>.~.~.~..'fMP.. .~9.\lk:p... W?~~,:r;..~.theet, Nantucket, MA. 0255.4
PROPERTY LOCATION... ~,.~!-:r.~~l).~.~.4.:Q~~X~I..~{iR~H~lc.~F. ..... ...... .......
. . ~ 69/58
ASSESSORS MAPIPARCEL:........... ...... ,........ ..,.. ..... ........ ..... .... t........
APPLICANT........ .~~.f!1~. .~~., f!P.<?X~.".............,...,..,............:...................
SEE ATTACHED PAGES
I certify that the foregoing is a list of persons who are owners ofabutting property, owners of
land directly opposite on any public or private street or way; and abutte~ of the abutters and all
other land owners within 300 feet ofth~ property Iirie of owner's property. all as they appear?n
the most recent applicable tax list (M.G.L. c. 40A. Section 11 Zoning Code Chapter 139.
Section 139-290 (2) ~
/:?l1ahck...~ ~/" .~P~
~a4M
DATE'
ASSESSOR'S OFFICE
Town of Nantucket
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