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HomeMy WebLinkAbout080-05 TOWN .OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: r::.e roro(y.7~ 20<::>40 To: Parties in Interest and Others concerned with the -DecIsion Of the BOARD OF APPEALS in the Application of the following: Application No.: ();'O-o.> Owner/Applicant: ;-fo (d ~(xt:e o.n & (>0 / Jeffl - Cbns}r UC'~ 'dlJ ' :cn/(l. [ 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 necision must be given to the Town Clerk so as.-..t~ recei ved wi thin such TWENTY (20) days. /"~'" i ~ ~'-- --..- r--/'~ 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); ~139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. TOWN OF NANTUCKET ZONING BOARD OF APPEALS ONE 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 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 Room, Town Building Annex, 37 Washington Street, Nantucket, Massachusetts, on the Application of HOLDGATE AND COLLETTI CONSTRUCTION, INC. c/o Vaughan & Dale, 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 MODIFICA nON 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. The 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 currently 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 "(1)" 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-General-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 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 extreme change in grade. Applicant represented that it wanted to maintain the "status quo" and not expand the number 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 "(1)" as set forth in Paragraph 5 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 " 5. 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," 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 plan review required under Nantucket Zoning By-law Section 139-23. Dated: f-e b. '"2.3 ,2006 j ,j ~ ~-{~ Edward S. Toole ( 3 Form 6-89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET,MA 02554 File NO.~-O~ Assessor's Parcel THIS AGREEMENT TO EXTEND THE TIME LIMIT FOR THE BOARD OF APPEALS TO-MAKE A DECISION (or to hold a public hearing or take other action) concerns Application of: Pursuant to the provlslons of the Acts of 198?, Chapter 498, amending the State Zoning Act, Chapter 40A of the Massachusetts General Laws, Applicanttsl/pe'ti-'t-iene--E"-(-s-)-- ana the Board of Appeals' 'hereby agree to extend the time linlit - for a public hearing V on the Applicatrotl, or - - for a decision ~ the ~oard, or- for any other action 'by the Board, (whether such Appl~cation"is an appeal from the decisi9n of an~"a~~strativeoff;cial:-a Petitia~O~ 'a SpecIal Pernu.t -, or _for a~lance ,ot' for" ny extension , modification V ,. or: renewal ther of) .," - - '- .-. 1 to the NEW TIME LIMIT of midnight on Ifhrr fA Sf ? /n fa but not earlier than a time limit set by statute ~r.bylaw. The ~pplicant(s), Qr the attorney _ or a~ent _ for.- Appllcant(s) represented to be duly authorlzed to act 1~ th~s_~atter ~or Applicant(s), in executi~~ this Agre~ment walves any rlghts under the Nantucket zonlng Bylaw and the State Zoning Act, as amended, to. the extent, but only to the extent, inconsistent with this Agreement. -ill -lz ::lIE :::;' z' ~ ;U ;g , " I '.r' ~ o,c - r, ~ ~"7 ~ a. FOR THE BOAR ::~: co: Town Clerk Planning Board Building Commissioner 0. Agreement filed in the office of the Town Clerk: \ ll\\ OV Date \ Town Clerk Form 6-89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET,MA 02554 File NO.~-O~ Assessor's Parcel THIS AGREEMENT TO EXTEND THE TIME LIMIT FOR THE BOARD OF APPEALS TO.MAKE A DECISION (or to hold a public hearing or take other action) concerns Application of: Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the state zoning Act, Chapter 40A of the Hassachusetts General Laws, Applicant ( s)fpe"'ti-t;iene~(-s-}--ana the Board of Appeals-hereby agree to extend the tim~-limit - for a public hearing ~ on the Application, or - for a decision ~ the ~oard, or- '0 for any other action ....."" !?y the Board, (whether such Application,is an appeal from the decisi9n of an~-a~istrativeoff~cial~ petiti.~~O~ 'a SpecIal Perna t " or _for a.-->>ar~ance , or for - ny extension , moo.ification V ,. or: renewal therc of) .. - .- - to the NEW TIME L:rMIT of midnight on /fhrrfA Sf ?.m ft2 but not earlier than a time limit set by statute ~r bylaw. The Applicant(s), or the attorney or agent for. Applicant(s} represented to be duly author~zed to act i~ th;s,matter ~or Ap~licant(s), in executin9 this Agreement wa~ves any r~ghtsunder the Nantucket zon~ng Bylaw and the State Zoning Act, as amended, to the extent, but only to the ~xtent, inconsistent with this Agreement. --~ FOR THE BOAR co: Town Clerk Planning Board Building commissioner Agreement filed in the office of the Town Clerk: \ It\l 0(0 Date \ Town Clerk 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, NOVEMBER 4, 2005, IN THE CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: HOLDGA TE & COLLETTI CONSTRUCTION, INe. BOARD OF APPEALS FILE NO. 080-05 Applicant is seeking a MODIFICATION ofthe SPECIAL PERMIT relief granted in the Decision in BOA File No. 075-03 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 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 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 currently leasing commercial storage space to approximately six (6) local contractors predominantly as storage space for their respective equipment and commercial vehicles. This situation is said to have been in existence for over 15 years. The condition restricts Applicant's ability to continue this practice and 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 V ALLEY ROAD, Assessor's Map 53, Parcel 25, Plan File 32-B, Lot 8. The property is zoning LIMITED USE GENERAL-3. (~ ) ~\ ,h, ! ~ (l.OJJ~ Dale ame, ChaIrman 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. cB:J--o s--- FEE: $300.00 APPLICATION FOR RELIEF Owner's name(s): Holdgate & Colletti Construction, Inc. Mailing address: P.O. Box 1875 Applicant's name(s):Holdgate & Colletti Construction, Inc., William F. Holdgate, President Mailing address:P.O. Box 1875 Locus address: Barnard Valley Road Assessor's MapIParcel: 53/25 Land Court PlanlPlan Book & PageIPlan File No.:32-B Lot No.:~ Date lot acquired: 10/2/1989 Deed Ref.lCert. of Title: Book 372/Page 88 Zoning District:LUG-3 Uses on Lot: Commercial: Yes (describe): Storage of trucks and heavY equipment incidental to Applicant's construction and borrow pit business. Residential: Number of dwellings Q Duplex_ Apartments_Rental Rooms Building Date(s): All pre-date 7/72? or C of O(s)? Building Permit Nos: Previous Zoning Board Application Nos.:075-03/ 0 37-2<-/ (092- S-s- 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 ATTACHED ADDENDUM I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and enalties of perjury. SIGNATURE: Applicant AttorneylAgent (If not owner or owner's a r ey, please enclose proof f agency to bring this matter efore the Board) ,,~FOR AOF ICEUSE ~" Application received on:!o Iff /~ By: f:::6.. V 1 Complete: Need co~ Filed with Town Clerk:.&./L2laYIanning BoaY'd~_/ /_ Buildmg Dept.:_I_/~y Fee deposited with Town Treasurer:~ f?/a-;y:~aiver requested?: Granted:_I_I_ Hearing notice posted with Town Clerk:! 0 fl/~ailed: lt2 (Jjdf"{&Ml 0 /LRJ fJJ & (d 12.?/ O~ Hearing(s) held on:_/_/_ Opened on:_/_/_ Continued to:~_/_Withdrawn?:~_/_ DECISION DUE BY:_/_/_ Made:_/_/_ Filed w/Town Clerk:_/_/_ Mailcd:_/_/_ DECISION APPEALED?: / / SUPERIOR COURT: LAND COURT Form 4/03/03 ADDENDUM TO ZBA APPLICATION HOLDGATE & COLLETTI CONSTRUCTION, INC., WILLIAM F. HOLDGATE, PRESIDENT Holdgate & Colletti Construction, Inc., William F. Holdgate, President (hereinafter "Holdgate") seeks a modification to Special Permit No. 075-03, granted by the Board, dated October 27, 2003, recorded at the Nantucket Registry of Deeds in Book 872, Page 160, as affected by a Clarification, dated June 21, 2004, recorded at the Nantucket Registry of Deeds in Book 903, Page 20, by removing the condition set forth in Paragraph 5(1) of the Special Permit which states that "[t]he Premises shall be limited to commercial uses by one (1) business entity[. ]" The Special Permit permits Holdgate to demolish the existing structure(s) on the Premises, presently used in whole, or in part, to provide cover for trucks and heavy equipment incidental to Holdgate's construction and borrow pit business. In place of the demolished structure(s), Holdgate is permitted to construct two (2) new structures, each with dimensions of approximately 50 feet by 125 feet. Holdgate is currently leasing storage space on the Premises to approximately six (6) local year round tenants who are utilizing the Premises predominantly as storage space for equipment and vehicles used in the construction industry. It has been Holdgate's longstanding practice to provide storage space on his property to local tradesmen and he has rented storage space on the Premises to local tradesmen for over fifteen years. The condition that limits Holdgate's use of his property by one (1) business entity restricts Holdgate's ability to provide additional rental storage space to other local tradesmen in addition to those tenants currently utilizing the Premises. It is Holdgate's hope that he will not have to evict any of the tenants currently renting storage space on the Premises in conjunction with the demolition and erection of two (2) new structures permitted by the Special Permit. Holdgate has already received Certificates of Appropriateness from the Historic District Commission for the demolition of the existing structure(s) on the Premises as well as for the two (2) new, proposed structures. Simultaneous with this filing, Holdgate has submitted the necessary applications with the Building Department for building permits for the demolition of the existing structure(s) and the two (2) new, proposed structures. While Holdgate anticipates receiving the building permits prior to October 27,2005, he cannot guarantee that he will receive them prior to this date. Granting the proposed modification will not be detrimental to the neighborhood. Also, by granting the requested relief, the Board will be acting in a manner consistent with the spirit and intent ofthe Zoning By-Law. 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Ii .j! ~ >I .. r< I I i. ~I\~~ ;1" an III !I ti.i."ll~ II: ~a!n I Illl~I~~1 ~ ~ I "I Ii Illi' I~ al ~ II ! ~ .5 ~ ! ! ul II ilii~11 I~ ~ !51 ~E- rO~ ~~ ~ ~~ ~~ t #. .. --..---. 5tJo ------- BoA Form. RECEIVED BOARD OF ASSESSORS 2 - 89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 OCT - Ii 2005 TOWN OF NANTUCKET, MA ASSESSOR'S LIST OF PARTIES IN INTEREST PROPERTY OWNER: l-/o/dCja1L V- Col/(..1;Ci {}nffn;c.li~ ).L11 C. APPLICANT FOR RELIEF (SAME? /): Wi IM~ F IMdc;t:t:b " Prct;id~d- ADDRESS OF PROPERTY: Barnard V;~ ~07lcl. * ASSESSOR'S MAP - PARCEL: S3 - ;;J~ * LIST OF PARTIES INCLUDING ADDRESSES *(OR SEE ATTACHED~): I certify that the foregoing (or the attached ) lists all persons, natural or legal, 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 three hundred feet of the ~roperty line of Owner's property, as they (and their address) appear on the most recent applicable tax list [per M.G.L. c.40A, Sll and Zoning Code Chapter ~9~:~-29D(2)]. #~ ~ ~ 62?~' Assessor's Office Town of Nantucket *NOTE: Applicant (Petitioner) should include with the lot for which zoning relief is sought, any commonly-owned abutting lots which might become involved in the zoning matter. List map and parcels for each abutter. .. oj ah/I""D....'''--. Submitted bY~VaUghanand Dale, P. C. 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'" ...... o ... ... o 0 r-. 0 .... ... .:I Nt"'I"'\Dl.6\D TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 ,- " D ate: u;:=-'f'-c.' {Jp i?- ~ 7 ,20 "::"_2, To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 0 7~-o'..3, owner/A.PPlicant: N-e)(rJ)10-nr ancO ro/leif-;' ''1.....:. \ C CY1 S ! r(~ri; 071 J ;:e/J r . 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 9139-301 (SPECIAL PERMITS); ~139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. 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 Street, Nantucket, Massachusetts, on the Application of HOLD GATE AND COLLETTI 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 relief by 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. 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 thetestifiiofiyanaevidencepreSefiteaanlie puoIic1ieafing~R()Dert L. GarQiier~. 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 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 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, 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 had 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 impervious more than 15% oflot area and is not a prohibited use in the Public Well Recharge Overlay District (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 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::- PERMIrilndefNantUcKet Zoning By:lawSeCtioriT39:3 3 Atoa.llOw the-demolitiori or 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 6. By a UNANIMOUS VOTE, the Board waived the minor site plan review under Nantucket Zoning By-law Section 139-23. Dated: October ~ 7 , 2003 Nantucket, MA /l C. Richard Loftul /'\. iG."--~ / \" t. "- co' j 0\- Edward San ord , ~ f .A }I,~~.' / /../ i./J /If/l/J, /,1", / // /11-'11/' /;;>'---- r' J#'j" i /. ~-~.-. 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S01'CO'41"E ~~ ~ '" z ~ ~ :5 ~~~ ~z:5 '" !!! ~ w '" u i? z ~ .- .~ "~ ~~~ ~a ~g: li:~i? I'll i~~ V> -' .. ~;~ ~ ~~ lL lL .~. -< ~ I~ ~ 'i! "- . ~ 0 ffi ~ o~ ~ <~ ~;i '" ~ '" ~ )~~~~ ~ (Il~", ~~'" -< ~ ~ ~~~ ~~blai 0 ~ o~1>.. I .~. <n ~ ~8~(j~CI<a: z :J~~ <~~~ C> ~ d _ ~NI-<:~~ ~ ~~~ ~~~~ z I" :; ~~ ~'~~lt;88 Z ~ r!. B ";;N ~T 0 ~ I ~~!Uj~o~ N ~g ~~o~~BR ~ ~~~ :~ ~ :5-' ge:~iilaf3o ~ gg~ ;;;O:i~ ~t ~~:'-'l3~~ Vi;: t>l~z g~~8 ~~ ~~~~~~~ ~~ ~~~ ~~E~ NO:S:S :s TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETIS 02554 Da te: c50 ne. ~ 11 ~(k) y- TO: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: APPLICATION NO.: 0 7S",.,.. 03 OWNER/APPLICANT: f/dfcPprrfI OYl~ ('0 1/ eH/ CrY> ~7nJr~ 'df) :rfY'-. 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 ~139-26H, with NO twenty (20) day appeal period required. (- j(~\~Lt; IV fJ.Jn.0j J; cc: Town Clerk Planning Board Bur Id i rig Deparfjrieiit 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 ofthe Nantucket Zoning Board of Appeals, held at 1 :00 P.M., Friday, June 11, 2004, in the Conference Room, Town Building Annex, 37 Washington Street, Nantucket, Massachusetts, on the request for a CLARIFICATION ofthe Decision issued in BOA File No. 075-03, of HOLD GATE AND COLLETTI CONSTRUCTION, INC. c/o Vaughan, Dale and Hunter, P.C., P.O. Box 659, Whaler's Lane, Nantucket, Massachusetts, 02554, the Board made the following Clarification: 1. Applicant is seeking a CLARIFICATION or the Decision in BOA File No. 075- 03. Applicant proposes to substitute a new 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 buildings that were to be used in conjunction with the Applicant's excavating business. The Board had allowed demolition ofthe existing garage structure and its replacement with two new garages with dimension of about 50' x 125'each. The buildings were actually intended to be sited in the same area but further back from the westerly lot line than originally shown and Applicant seeks to rectify this error on the plan. The Premises is located OFF MILESTONE ROAD, BARNARD V ALLEY 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 Exhibit 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 attached hereto as new Exhibit A. The conditions contained in the previous Decision are not affected by this Clarification, other than to substitute the new Exhibit A for the one indicated in the Decision. . [;) . Dated:,J~eJI,~ob4 \ l/- [/f/7it I 'v \ .>~ ( \_ \ \ ~; \ \j , t i ~ l/ [ ~ \" I I Nancy J, Se'fns "~ C. R.i~fftin ~/ n . '. MicJ;~ ~:~~ .- "D~~e~ . L '-./ '-<.A.../r'--/"-- Edward S. Toole ~ ~ '" w . ~ N o z Z " .. o )> " o III )> " " '" )> Iii Vl I '" ~ ""U~)>-OO (/)2 NZ Z I::O)>U)~~~):> N ~Ul~ 00 ~:?~ZO ~ z ~ ~2~2 Or )>"'~"'''' .. c! z "'OZO Zo ~"'O~~ ~,() C) ^OA(f)G)o ~rr1M IlA )>""0 ~-<-l-1)>,,-ot/);o~ .....rrl )>CDor - ~ :.:0-1 o>:::o~z g~--4 '"U 000 ~:>~ Crr) ?9::Of"T1()() d '"U)> o--t '!>-<:::uo ~~~~;o)>s:: C;US::"1J o ~::::JR' r.~"Cl~f.10;_~CJ;?j: ~ 00 N~r-P- l/)Z-lOzz Ul ;OZO t.nf"T1~~V1Vl)> 6'Tl-< .llo- U>. 0 .. ~. ~ ~ () Z -I Z -r "''''r;1r;jI ~ pO o zr d,;j~ 3: C \J ofT! '-OJ OJ (f) IT! . ~ ~~ j] ~ ~ - ~fP~ (}) z I "::J z )> z c! <"> ~ Vi '" ~~~ ~ CD .- ~ <D > Z '" o ~z 016 ~ ",.#\" 0; \t"OW'i (!\~~ ~ ~a 000 g ~ i~~ ~~~ ~~r ~g' m.a ~ ~ ~ ~~ I~w~~ '<l a J~ ~p ::l~ ~: 3' 3.9t,ot'.IoOS ."... ~~~~ ~r ~~ ~~~~ ~~:( ~.. :-.E~: ~~S j ~~~~ ~it ~ ~~.9 N~W Q ~8"~ i~2 ~ ~Gi ~~c n ~~;~ ~~~ ~ ::~t: ~o~ 3 ~~~ ~.; ~i~ RI ~ ~~~ ~~ Z~J: J::I !~; 2i! ~:::I -0'2 ~~.. 8~ i!ijH3 >z ~" il~ ~. ~ ! ~ ~ "'> ~~r~ OIUO"1) >01-1)>- ~g(JI~ ~~ ~ .........v; J>,) " '" H- ~ " oJ ~ Z g ~ )> z ~ ~ '" 2 ~ '" 0 " " ~ '" -t ." '" 0 ,., " Cl " Vi f'1 :;l " Vi . -< jJ ~ 0 -< ~ c: .., ~ Cl '" 0 ~ )[ 'g~ilI;;H r;:~ iir~h'" h a~~~i~~ ~e i2~,.,gi; of; ~~8~=~F;C ~6 ol!~ . . .-~ 8~:=!il~N !;~ ~~~Q~~i ! ~5:~~:- 'G )q ~~~; S ~ . ~ ~ >. .. ae~~ 2i10E ~~~~ ~f'- ~~ ~~~~ ~~~~ i?g>i1 ~I'i> ;Si~ ic'. ~~/~ Sj ~ z c! ~ v; '" .- Z<A ~~~ ~ 0 r > Z o <D ~ ?' jQ VAUGHAN, DALE AND HUNTER PROFESSIONAL CORPORATION EDWARD FOLEY VAUGlIA~ KEVIN F. DALE WILLIAN F. HUNTER ATTORNEYS AT LAW WHALER'S LAl\'E P.0. Box 659 NANTUCKET, MASSACHUSETTS 02554 MARTIN JEFFREY STETIK A · TEI,: 15081 228-4-1.55 FAX: 15081228<3070 . AD~lITTED 11" PENNSYL V A>.'IA June 8, 2004 Linda Williams, 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) Nantucket, 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 exhibit 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. If possible, please mark this matter for consideration by the Board for this Friday, June 11,2004. ------ --- WFH/ Enclosures TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS ~?~?4 ~'.~~. d VJ ..,.. ,,-- c::J CJ -l ;'1 c:~) Date: :1.':: . ./1 '::::l U~~L ~7'::, 2060 : '-, \J .--" W , , .:.:. To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: () 7s--o~ Owner/Applicant: ~)frf)~o17r anN ro/I"f'if-/' COy) Siruri, 0J1 I ;e)1 (l . \.0 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 9139-301 (SPECIAL PERMITS); ~139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. 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 Street, Nantucket, 1v1assachusetts, on the Application of HOLD GATE AND COLLETTI 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 relief by SPECIAL PERMIT under Zoning By-Law Section 139-33 A 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 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 V ALLEY 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 WaterCompany; wrote-a letteron-0ctober 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-l2B(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) ofthe Zoning Code." There were no other letters on file and no opposition presented at the public hearing, 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 had 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 ofthe 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 impervious 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(2)(s) ofthe 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 UNANIM:OUS VOTE, the Board GRANTS the requested SPECIAL PERMIT under Nantucket Zoning By-law Section 139-33A to allow the demolition of theexisting-garage;-andthe-feplaeement-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. 6. By a UNANIMOUS VOTE, the Board waived the minor site plan review under Nantucket Zoning By-law Section 139-23, Dated: October ~ 7 ,2003 Nantucket, MA ., l~=c~ C. Richard Lofhn ~?- ~ Edward sa~trd 't ~ \Y !" ~ g~~ I Z ~ ~ ~ ~ ~ ti ~ ~ ~~ il It 1:~ I, ~ -l~' .~~ g~ ~~:!~i~ ~~ ~ia~id ~~ 9~~~i~ ~I mi~l! 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