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Home My WebLink About032-05 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 c; 01 Date: Ju()e Z '2- - , Zgas- >-.1 .'-..) To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Owner/Applicant: (53~-os ~Q--<<r(J7. kO~hc)[AJl, (lQ ()--P A JOhi-;'(r Or Rpo r+y TVlEr Application No.: ~ I n )<;T'e e 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. ~~~~Se~~~~ cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE :__MOST SPECIAL PERMTPS AND-VARIANGES-HA VE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING'TO NANTUCKET ZONING BY-LAW ~139-30I (SPECIAL PERMITS); 9139-321 (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 68, Parcel 334 14A Macy Lane Residential Commercial-2 Land Court Plan 16514-50 Lot 689 Certificate of Title No. 18644 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, April 8, 2005, and continued to Friday, May 13, 2005, at 1:00 P.M., in the Selectmen's Meeting Room, in the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, the Board made the following decision on the application of JEFFREY KASCHULUK, as Trustee of NANTICUT REALTY TRUST, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 032-05: 2. The Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law ~139-12. C (2) (b) . Applicant proposes to convert the existing single-family dwelling upon the locus, which is situated within the Neighborhood Employee Housing Overlay District, for use as neighborhood employee housing, containing up to nine employees. Six parking spaces are required for this use pursuant to ~139-18.D. the Applicant proposes to provide two conforming on-site parking spaces, and four additional conforming parking spaces by easement upon the immediately adjacent land shown as Lot 690 on Land Court Plan 16514-50 (Assessor's Parcel 68-334). Accordingly, the Applicant also requests a Special Permit under ~139-18.B(1), for the use of off-site premises to satisfy a portion of the parking requirement. See also companion Application No. 033-05. The locus is situated at 14A MACY LANE, Assessor's Map 68, Parcel 39, is shown upon Land Court Plan 16514-50 as Lot 689, and is si tuated in the Residential Commercial-2 zoning district (and the Neighborhood Employee Housing Overlay District). 3. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. The Planning Board made a favorable recommendation, and suggested that an employee housing management plan be required as part of the approval. Except for the presentation by the Applicant and his legal representative, there was no opposition presented at the public hearing and no letters on file from abutters. One interested member of the public-spoke-inn-favor-of--the application -at the second hearing and stated that the Applicant had done what the Board had asked him to do at the first hearing and met or exceeded the parking 1 and green space requirements. There was a letter on file from Robert Gardner, the general manager of the Wannacomet Water Company and dated March 10, 2005, that stated that he had reviewed the plans and had determined that the "use of the gravel parking areas along with the biological treatment of stormwater runoff [would] provide an adequate level of treatment and recharge", and approved the plan as presented to the Board. 4. As presented by the Applicant and his representative, the locus, a conforming lot, contained a conforming single- family dwelling. The Applicant proposed to convert the use to that as an employer dormitory, a use allowed by special permit within this Neighborhood Employee Housing Overlay District (NEHOD), which would have a maximum occupancy of nine persons. The Applicant related that the structure had been used for employee housing in the past, and he wished to regularize this use. The property, being situated in the NEHOD and in a mixed- use residential and commercial neighborhood, was suited to use as an employer dormitory. By utilizing a portion of the adj acent Lot 690, which is currently in common ownership, the Applicant would be able to provide all necessary parking. 5. Applicant made reference to the Decision in companion application 033-05 for a discussion of issues relating to the width of the proposed common driveway which would serve both Lots 689 and 690, as shown upon a site plan done by Holcomb Designs, dated April 26, 2005, as revised, to show an entry aisle width of about 17' 6" as it passed by the structure located on the locus. A reduced copy of this plan, as revised, is attached hereto as Exhibit A. 6. Therefore, based upon the foregoing, the Board of Appeals, by UNANIMOUS vote, makes the finding that converting the use of the existing structure from single-family dwelling to dormitory use and allowing the provision of off-site parking for this new use as proposed, would be in harmony with the general purpose and intent of the Zoning By-law, and that the intended use of the dormitory is compatible with the densities and scale of the existing mixed-use neighborhood and would be maintained and managed in a manner that is consistent with the use and enjoyment of the mixed-use neighborhood within which the locus is situated. 7. Murphy, GRANTS Zoning to the Accordingly, by vote of four in favor (Sevrens, Waine, Wiley) and one vote in opposition (Toole), the Board the requested SPECIAL PERMIT relief under Nantucket By-law ~139-12-.C(2) (b), and By-law ~139-18.B(1), subject following conditions: 2 (a) The parking layout conformance with Exhibit A; shall be in substantial (b) There shall be a maximum of nine employees domiciled upon the locus; (c) A management plan shall be implemented as shown on Exhibit B; (d) A mutual easement for access over the common driveway and provision of four dedicated parking spaces upon Lot 690 benefiting the locus shall be recorded at Nantucket Registry District; and (e) Occupants of the dormitory shall be employees of a single employer, with no subleasing allowed. Dated: June l~, 2005 ,~ cJ Dale W. Waine 3 -~~-----------------------------------~ PLAN PREPARED FOR 9 TERRA FIRMA PROPERTIES INC. -0 DRAWN BY: HOLCOMB DESIGNS 4/26/05 EXHIBIT: A PARKING SCHEDULE: .(1.) (1ST FLOOR) 28'x44'= 1.232 SO.FT. I I COMMERCIAL UNIT = 2 SPACES. I I I 1(2.) (2ND FLOOR) 1 I DWELLING = 2 SPACES. I I !(3.) 4 SPACES COMMITED I TO ADJACENT LOT. I I 1(4.) 8 SPACES REQUIRED. I I I 1(5.) II SPACES PROVIDED. I 1 !(6.) DRIVEWAY SURFACE. 1 GRAVEL/STONE/SHELL I I 1(7.) 6X6 RAILROAD TIES FOR I PARKING BLOCKS I 1 1(7.) SIZE OF LOT 690 = 9.133 SQ.FT. GREENSPACE = 2433 SQ.FT. PERCENTAGE OF GREENSPACE = 27% t/- B.O.A.# 030-05 OAT ~ MACYS (40J WIDE LANE PRIVA TE) CRASS ----- -----, ~I ~! ~: 138 I I EW BUILDING "B" 128 }&J I ENVELOPE (::) DRIVEWAY SURFACE, I 1,232 sa. FT. I GRA VEL/STONE/SHELL ~"'-I ..j' ... ~ ..j' 118 ~~I ~",I ~ I LOT 690 108 Vj I I I 9B 14'X35' ~ 1 . LOADING 20'-3" 8B ZONE I ~ I ~ (() I "'- I CRASS I ~ I ..... I ~ "- I ~ 20'-0" I ~ Vj o -v 28'-0" 20'-0" 26'-j" (::) 1 ..j' ..j' (::) I ..j' ..j' N -IN o I 7B 6A EXISTING BUILDING A ~, 5A 5' 0' 4A 5'-10" LOT 689 '-:'N 0' J co 10 NEW PRIVIT o TO BE 2:, ADDED COMMON DRIVEWAY EASEMENT S14.09'51 'W 40.50 EXISTING PRIVIT ZONE- RES. COMMERCIAL 2 MlNIMIIM MSf - 4(J(J() SF: MAXMJM I..or CtM7WE' - 50X IIINMIlJM FRONTAGE - tIIJ' FRONT )14RD SETBACK - 20' , SYili'.. REM SE111ACKS - 5' \ RQ~ ~(~lO~ cp. H, t'o6JTC& DORMITORY MANAGEMENT PLAN 1. The total number of employees domiciled on the site shall not exceed nine (9) persons. 2. At any time it is determined by the appropriate authority, based on complaints by neighbors that the residents of the premises are parking illegally on adjacent properties and that the on-site parking is not adequate, the Zoning Board may re-open the public hearing and either impose additional conditions or reduce the occupancy of the structure. 3. All exterior lighting shall be directed generally downward and placed so as to not be directed at any neighboring parcels. 4. No exterior storage of furniture (with the exception of items typically used as lawn furniture), refuse, mechanical components, debris, unregistered or inoperable vehicles, or other materials constituting a nuisance, shall be permitted on the locus. 5. No loud music or other noise violating the Nantucket noise by-law or any other provision of law from time to time in effect shall be permitted upon the lot. 6. The dormitory upon the locus shall not be used for the housing of any persons except for the employees of the property owner, or employees of a tenant of the property owner. All occupants shall be employees of an owner or tenant, who are licensed by their respective employers to occupy a space in the dormitory by virtue of their employment and for only so long as their employment shall continue. No subtenancies of the buildings upon the locus or any portion thereof shall be permitted. 7. Each lease to an employer shall set forth that the employer shall be responsible for compliance with all provisions of these conditions by the employees of such employer and within the area leased to such employer. 8. The property owner, or the employer tenant of the property owner, shall make available to their employees free Nantucket Regional Transit Authority shuttle passes for the entire period that such employees reside in the dormitory. 9. The property owner shall be required to install and maintain bike racks on the property, in a location convenient for use by the residents of the dormitory. 10. The property owner shall periodically conduct orientation sessions, which each new employee and a representative of each new employer housing ,. employees shall be required to attend, in order to ensure that each employer and each employee fully understand all conditions, rules and regulations applicable to the dormitory. 11 . The Zoning Board of Appeals shall retain the right to revoke and/or amend the special permit if, in the opinion of the Board after a public hearing, the continuation of the dormitory special permit would be inconsistent with the intent of the Zoning By-law or the intent of the original special permit, based on citizens concerns, a review of complaints logged and/or any other evidence from law enforcement officials, residents or Board members. 12. The property owner, or the employer tenant of the property owner, shall require that all occupants who have automobiles provide the property owner, or the employer tenant of the property owner, with the make, model and registration number of any car owned by such occupant and parked on the locus or designated leased off-site parking area, which information shall be kept on file by the property owner, or the employer tenant of the property owner. 13. Applicants shall take measures to control the employees housed on the Premises by such methods as prohibiting parties, with all non-resident guests to be off the property by 12:00 A. M. The owner( s) phone number and resident manager's number shall be posted with the Nantucket Police Department, immediate abutters and other relevant parties. 14. No parking shall be allowed in the roadway layout and only vehicles belonging to residents shall be allowed on site after 12:00 A.M. 15. There shall also be a noise limitation after 10:00 P.M. that shall require all noise omitted by stereos and other appliances to be minimized so as to be heard only within the residents' own rooms. 16. There shall be regular commercial trash pickup to ensure that the property remains neat and tidy. 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 ZONING BOARD OF APPEALS will be 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 following: JEFFREY KASCHULUK, AS TRUSTEE OF NANTICUT REALTY TRUST BOARD OF APPEALS FILE NO. 032*05 The Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-l2.C(2)(b). Applicant proposes to convert the existing single-family dwelling, situated within the Neighborhood Employee Housing Overlay District, for use as neighborhood employee housing, containing up to nine employees. Six parking spaces are required for this use pursuant to Section 139-18.D; the Applicant proposes to provide two on-site parking spaces, and four additional parking spaces by easement upon the immediately adjacent land shown as Lot 690 on Land Court Plan 16514-50 (Assessor's Parcel 68-334). Accordingly, the Applicant also requests a Special Permit under Section 13 9-18.B( 1), for the use of off-site premises to satisfy a portion of the parking requirement. See also companion Application No. 033-05. The Premises is located at 14A MACY LANE, Assessor's Map 68, Parcel 39, Land Court Plan 16514-50, Lot 689. The property is zoned RC-2; NEHOD. ~(}1A ~~/ Nancy J. Sevrens, Cha 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, MASSACHUSETTS 02554 CASE NO. O~5 FEE: $300.00 APPLICATION FOR RELIEF R VI Owner's name(s): Mailing address: Applicant's name(s): Mailing address: Locus address: Jeffrey Kaschuluk. as Trustee of Nanticut Realty Trust c/o Reade. Gullicksen. Hanley & Gifford. LLP Same - --'--:0::> c, i'J '-v '-'-J 6 Youn2's Way. Post Office Box 2669. Nantucket. Massachusetts 02584 .~-s 14A Macy Lane Assessor's MaplParcel:18-39 Land Court Plan/Plfto Beak & Page/Plao File No.: 16514-50 Lot No.: 689 Date lot acquired: 10/30/98 Deed R-ef.JCert. of Title: 18644 Zoning District: RC-2: NEHOD Uses on Lot - Commercial: None_ Yes (describe) Residential: Number of dwellings---1- Duplex Apartments _Rental Rooms Building Date(s): All pre-date 7/72? x or C ofO(s)? Building Permit Nos: Previous Zoning Board Application Nos.: 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: The applicant requests a Special Permit under Nantucket Zoning By-law ~139- 12.C(2)(b), in order to convert the existing single-family dwelling, situated within the Neighborhood Employee Housing Overlay District, for use as neighborhood employee housing, containing up to nine employees. six parking spaces are required for this use pursuant to ~139-18.D; the applicant proposes to provide two on-site parking spaces, and four additional parking spaces by easement upon the adjacent land shown as Lot 690 on Land Court Plan 16514-50 (Assessor's Parcel 68-334). Accordingly, the applicant also requests a Special Permit under ~139-18.B(1), for the use of off-site premises to satisfy a portion of the parking requirement. I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains d penalties of pe 'ury. SIGNATURE: Applicant Attorney/Agent x (If not owner or owner' attorney, please enclose proof of agency to bring this matter before the Board) '2 '/' FOR ZBA FFICE USE Application received on:~.K~ By: \ Complete: Need copies?: Filed with Town Clerk:...3J22!~PlannIDg Board:------T'--7--' Building Dept.:_I-' ~y{~ Fee deposited with Town Treasurer::5 /ZZ <<By: ~aiver req/ted?: _ Grauted:;--;' -!--:- Hearing notice posted with Town Clerk: 312l1.Qf'Mailed:3J~aJ I&M: ~ 1!!f.1C1S& Li5( OJ Hearing(s) held on:_I_I_ Opened on:_I-'_ Continued to:-'-'_ Withdrawn?:-'-'_ DECISION DUE BY:_I-'_Made:-'-'_ Filed wffown Clerk:-'-'_ Mailed:-'_I_ DECISION APPEALED?:_I_I_ SUPERIOR COURT: LAND COURT Form 4/03/03 F:\WpK\Kaschuluk\14 Macy\Lot 689 ZBA APP 200S.doc ~ c co - .. 1.1 .,-, . , 45 S.4UC. Ii --~-----------------------------------~- o I - -0 ~ I I I I I I I IPARKING SCHEDULE: I I I 1(1.) (1ST FLOOR) 1 2 COMMERCIAL UNITS = 2 SPACES. I I !(2.) (2ND FLOOR) I I DWELLING = 2 SPACES. I I 1(3.) 4 SPACES COMMITED ! TO ADJACENT LOT. I I 1(4.) 8 SPACES REQUIRED. I I I 1(5.) II SPACES PROVIDED. I I 1(6.) DRIVEWAY SURFACE. I GRAVEL/STONE/SHELL I I 1(7.) SIZE OF LOT 690 = 9.133 SQ.FT. GREENSPACE = 2.564 SQ. FT. PERCENT AGE OF GREENSPACE = 28 ~ o I ..j" ..j" o I ..j" 5'-10" ZONE: RES COMMERCIAL 2 MINIMUM AR54 = 5,000 s.F. MAXIMUM LOT COVERACE = 50% MINIMUM FRONTACE = 40' FRONT YARD SETBACK = 20' S/OE & R54R SETBACKS = 5' 6'-0" I I I ~ I ..~ ~I ~I ~ s:i I ~1 I I 26'-3" o I ..j" ..j" LOT 690 ~ 20'-3" 35'-0" ~N @ 0 I ..j" N ([}) 6'-0" EXISTING BUILDING LOT 689 --=IN 0- I GO 1'0 COMMON DRIVEWAY EASEMENT 514.09'51 "HI 40.50 APRON MACY~ (40' WIDE 20'-0" .3~1 (j]) @ @ @ 0 l' @ lr I ~ lr I ~ I ~ ~f-O-U- : :t~ I ~ I ~ I\. 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'-' ,3.n'.J9.nN - , .... ~ ~J .., =i '" ,<.1\, : ~lii; ~ ~ ~~~O!~ ~ ~ ~ ~ i~ ~il1 m ~I ~ li~i 15l~ _~~ ~ ~~~ ~l g~~ ~I ~~~ ~1 ~;I ~ t~~ ~I ~~~ ~ (ID I~: III ::; ~~~ . ~!i '" <:::i ~~!;! ~ ~ II ~i~ j., ~L.: ~~ ~ ~Ili ::l ~i~ ill ~ ~ffi~~ ~.~ ~ I~~~ OJ j., .~~i ;:; "- u~~ fi~~~ l' ~ OJ ~~~~ ... ili :l[ lI:.... -<N ~~ ,1"9 "si!i2~ ,.b" 2ii!2-" --, . I (3IstII/JlcI - 301M O:J 3NVl s,'/':JV/r fh'OH HU10S Q70 ..' .iOl3H1/U .._.. OO?Lit A .. ~~<:l r @ ~ ~~ Y\'" ~." C:l~ --.J 8~ !~ ",'" ~~ ~~ '" ~~ ~~ nAK-IU-~UU~ IHU Uj:lj rn WANNAGUntl WAltK ~UnrRNY ~RX NU. bUBjcbbj44 P, 02 WANNACOMET WATER COMPANY \. ~... Nantucket Water Commission Nelson 1<. Eldridge Noreen Sl8v1tz David D. Worth 1 MUestone Road Nantucket. MA 02554 Robert L. Gardner General Manager Telephone (508) 228-0022 Facsimile (508) 325-5344 wvtW.wannacomet.org March 10, 2005 Ms. Linda Williams Zoning Board of Appeals I East Chestnut Street Nantucket, MA 02554 By Telefnx RE: 14 Macy's Lane Dear Linda, I have reviewed the site plan and proposed use for the property at 14 Macy's Lane and have detcmined that the use of gravel parking areas along with the biological treatment of stonnwater runoffwill provide an adequate level of treatment and recharge. Therefore, it meets the requirements of ~J 19-12 of the Town of Na"tucket Zoning By- laws, and is hereby approved by the Wannacomet Water Company under flJ9-/2B(3}(a) of the Town o/Nantucket Zoning'By-laws. If you have any questions please give me a call. Sincerely, WANNACOMET WATER COMPANY CI'-~" r - - -~-~lJ\. Robert L. Gardner General Manager Cc: Mr. JeffKaschuluk J:fr i 00 J. RECEIVED BOARD OF ASSESSORS JAN 2 6 2005 , Town of Nantucket ZONING BOARD OF APPEALS TOWN OF NANTUCKET. MA LIST OF PARTIES IN INTEREST IN THE MATIER OF THE PETITION OF PROPER i-Y. OW!jER.... .I'Sasp-X.t.\ wI< .;:. q. e. ff'c~.l}........ MAILING ADDRESS...........................:.........................,............ ...n PROPERTY LOCA TrON... .I.Ya...m.Q~Y~" ....Lo............ ....... . : ~ .ASSESSORS MAPIPARCEL:.. .(Q.g..~. .0..... ,.. '.. ............ ...... ............ APPLlCANT...:U ~a.o.~.... .Kas.c..h.w.1 w .K..,......,.....,..... SEE ATIACHED PAGES I certify that the foregoing is a list of persons who are owners of abutting property, owners of land directl" opposite on any public or private street or way; and abutter.s of the abutters and all other land owners within 300 feet of the. property lirie of owner's property, all as they appear?n the most recent applicable tax list (M,G.L. c, 40A, Section II Zoning Code Chapter 139. Section 139-29D (2) . ~::. 2.7... ...0.<'!?~ DATE' ~..12~ ASSESSOR'S OFFICE Town of Nantucket '. (!) ~~ ffl H ' ..:IE-! ~B ~i ~ liH! 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