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.
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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. /"~'"
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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
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Edward S. Toole
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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.
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FOR THE BOAR
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co: Town Clerk
Planning Board
Building Commissioner
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Agreement filed in the office of the Town Clerk:
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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.
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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.
Accordingly, Holdgate respectfully requests that the Board modify his Special Permit by
deleting the condition limiting the commercial use(s) on his property to one (1) business entity,
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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.
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Submitted bY~VaUghanand Dale, P. C.
Date: ~~Lo~
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.:I Nt"'I"'\Dl.6\D
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
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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-;'
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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
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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.
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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
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Nancy J, Se'fns "~ C. R.i~fftin ~/ n . '.
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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
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Date:
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U~~L ~7'::, 2060
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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
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NANTUCKET TOWN CLERK