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HomeMy WebLinkAbout032-02 TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 NOTICE A Public Hearing of the NANTUCKET WNING BOARD OF APPEALS will be held at 1:00 P.M., FRIDAY, APRIL 5, 2002, IN THE CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: BRIAN T. RYDER BOARD OF APPEALS FILE NO. 032-02 Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By- Law Section 139-18 (Parking Requirements), and to the extent necessary, a MODIFICATION of the Decision in BOA File No. 067-99 as amended in the Decision in BOA File No. 042-01. Applicant proposes to alter a previously approved site plan/Exhibit A, by rearranging the parking plan to allow six (6) angled parking spaces in the same area as previously approved parallel parking. Applicant is also seeking relief to allow backing out of vehicles onto Mary Ann Lane. Five (5) spaces are required and nine (9) are provided. The commercial and apartment uses would remain unchanged. All other zoning dimensional and loading zone requirements will continue to be met. The Premises is located at 12 MARY ANN LANE, Assessor's Map 68, Parcel 443, Land Court Plan 16514-29, Lot 564. The property is zoned Residential-Commercial- 2. iJj2f U ChaITman THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: m~ Ii:) , 2 Q(") ~ To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Owner/Applicant: f) 3'2----0 2- 8('/ I()V\ 0~L[m r Application No.: 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. ~n,~ i "i \ C;;& D0;LJ-,/ ruClM ~J1 d. 'Greh 9) 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) I ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. ..... ..... . ~:..... . \ '" . ~ . . I I . t I . ')" t' . i I ')10_ .. -,.,'~ ,- -- I ",' , tHE lI,o:...'TAIITI M '1M! T_ lW . I IIAHnlCUT IIlnlT\1Qln MI_L AIIl_T I ; I I . : f i-'-:--'.- i I 1/' n _ ......-. I I - i . ~D SCHOFIELD BROTHERS, INC. C::=::::>E::>> ! PROn:SS/ONA.L ENGINEERS' REGISTERED L~ND SURVEYORS ~ \ .. :: .~. FEDER,AL ST., NANTUCKET, MASS. . ~ N94000. tiGa.., :...) I .68 f fr NO. .' .'! ;::': .... :< z is .. o ... S_~ INDEX ~.~ , . '.1 I:. TRANSFER CERTIFICATE OF TITLE l'} Cert No. 19030 Docu. No,85946 From TRANSFER Certificate No. 18886 Originally Registered March 2, 1994 in Registration Book 87 Page 86 \ I for the Registry District of Nantucket County. THIS IS TO CERTIFY that BRIAN T. RYDER of 18 EVERGREEN WAY, NANTUCKET IN THE COUNTY OF NANTUCKET AND COMMONWEALTH OF MASSACHUSETTS 02554 is the owners in fee simple of that land situated in NANTUCKET in the County of Nantucket and Commonwealth of Massachusetts, bounded and described as follows: Lot 564 on plan numbered 16514-29 drawn by Nantucket Surveyors, Inc" Surveyors dated April 10,1995 and filed with Certificate of Title No. 16203 at the Registry District of Nantucket County. Subject to the following restrictions running in favor of land now or formerly of Joan Bunting, formerly shown as Lot 401 on Land Court Plan No. 16514-13: I-i L1 (a) Subject to a 20 foot wide buffer area with naturally occurring vegetation which will be located upon said Lot 400 along its westerly and northerly boundaries with said Lot 401, as shown on Plan marked as Exhibit "A" (affecting the two highlighted boundaries and not other). Said buffer area will not be built upon; however, this restriction shall not prohibit the buffer area from being used for an improved roadway and/or for the installation of utilities. (b) No commercial storage or sale for retail or wholesale of combustible fuels will be allowed, (See Doc. 71056) DECLARATION, OF RESTRICTIONS OF OLD SOUTH REALTY TRUST 1. There shall be no open-lot storage of boats nor unregistered motor vehicles, trailers or recreational vehicles. 2. No rubbish, trash, garbage or other waste material shall be stored or kept or permitted on any lot except in containers located in appropriate areas reasonably concealed from public view. 3. The perimeter of each lot shall be defined by fences, or walls or by hedges suitably maintained by the owner thereof. 4. Nothing shall be done upon any lot nor shall any condition be permitted on any lot which may be or become a nuisance nor which is obnoxious, offensive or dangerous to the neighborhood or the public health. 5. Grantor hereby reserves the right, in his sole discretion, to waive one or all of the foregoing restrictions in connection with the future conveyance of the premises presenliy shown as Lots 557 through 571, inclusive, Plan No. 16514-29. And it is further certified that said land is under the operation and provisions of Chapter 185 of the General Laws, and that the title of said BRIAN T. RYDER to said land is registered under said chapter, subject, however, to any of the encumbrances mentioned in section forty-six of said chapter, which may be subsisting and subject as aforesaid; and to the memoranda of encumbrances for this certificate. WITNESS, PETER W. KILBORN, Esquire, Chief Justice of the Land Court, at Nantucket, in said County of Nantucket. The twenty-first day of July in the year nineteen hundred and ninety-nine at 2 o'clock and 30 minutes in the afternoon. Attest, with the seal of said court, ~ -;J. k:P10f1. Joan e L. Kelley, Assistant ecorder Case # 16514 Purported Address of Property: 12 MARY ANN DRIVE CERTIFICATE 19030 i :i ~ I COZ COZ 0)> 0)> )>Z )>Z :Il-1 :Il-1 OC OC -l0 -l0 q~ O~ CO-1 CO-1 :Il" :Il" 5>!; 5>r Zz Z)> -lZ -lZ . ~ :nZ :IlZ -<Gl -<Gl 00, ~ ~ II OO:Il:Il)>"(f)r {/l~:Ill\)r:;;: 0: ..., " it !l:I m -l 0 0-1 G) ~ ~ m CD 0)>1 rl' rn m' (f) -l :Il:c 9' -;:,,;":' (f)-l -ll 01 ]] XOO-1)>c:Il-1 - m (f) :C.~ 0 :Il 0 (f) )> 0 ,0 g: :Il11 01" -"" (jj (f) 0 0 iii m Gl ~ 8 (2l uJ " m c, u) - C co -l 0 0 m Z i::> (J1 ')> -11 -l co OJ 0 l1<> C 0 (J1 ~ (f) :CI )> ~ gj Z :g )> " " ~ m :Il, =i.o(f) (f)(f))> cJ, ,,5::'101 c ::!J =i ~ ~ " r m )>, g hi ~ ~ ~ ~i ~ ~I 01 Z Z m ~ Z .l>- 01 I P m.Gl ~0:Il ~J 00 ...... 0 0 0 0 0 0...... ............ 0 ol~ 0 ~ ~ -- -. -- -- -- -- -- ~I ~ ~I~ ~I ~m ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Sl ~..:;: ~ ..:;: 9<> m 8 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~I:::! 0 -- tOc.oc.oc.otOtOI0>0'11 mm(J101I$:~ ~ 0 0 10 I 0 10 I~ ~ ...... f\) r'\J CD <D 'CD I"~ o w w (j, ~ I~ :JJ ~ ~ ~ ~ ~ I )> I)> 12j s ~ ~ ~ ~ ~ ~ I(j) ~ -1-1 .. 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" 5:: 0, :Il -l Gl )> Gl m Z II il ^ ~I " o " w o m )> ~I ~I -ll 1 z' )> Z -1 C o ^ m -1 m r m o -1 :Il o o P I ~I 5::' m Z -1 -1 o :;;: Z o " ~I c o ^ m -1 ~zo ~SO OJs.O ~OJC m<" JJm z o :Il o m :Ill SI )> 2S Z Gl o o c Z -1 -< oi "1 Z )> Z -l C o ^ m -1 )>(f) (f)- (f)G) (j)Z -1)> )>-1 ZC -1JJ :Ilm mO 0" o JJ o m JJ "- r~ -' JJ C Z Z Z G) s:: m s:: o :0 )> Z o )> o " m z o c s:: OJ :0 )> Z o m (J) o z ..., I m r )> Z o o m (J) o :0 OJ m o z ..., I (J) o m :0 ..., " o )> ..., om C'J z " )> < o JJ o " gg; U) ru 0- :cO )>z JJO G)~ m<.D o w o " (D <D () TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: -:]U(l/ C( , 20(!j To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Owner/Applicant: 04 'L-CJI J) , \"){') Otl (2. '{r:fIY Application No.: 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. .q C; cr:? LJ.l q- ::j'r.'> Q.. W 'i' u -' w ~ 0:: s:fc: .::C , c.:c ,::w ;:''; -1 :')u i-- :z: :.7-;3: ~o I- Town Clerk Planning Board Buildinq Commissionc'r 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. ~ , NANTUCKET ZONING BOARD OF AI>PEALS 1 East Chestnut Street Nantucket, Massachusetts 02554 Assessor's Map 68 Parcel 443 R-C-2 12 Mary Ann Drive LC Plan 16514-29, Lot 564 Cert. of Title 19,030 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1 :00 P.M., Friday, June 6, 2001, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of BRIAN RYDER of P.O. Box 479, Nantucket, MA 02554, Board of Appeals File No. 042-01, the Board made the following Decision: 1. Applicant is seeking a MODIFICATION ofthe Decision in BOA File No. 067-99, which granted Special Permit relief to use a proposed structure in conjunction with Applicant's electrical installation and repair business. Applicant proposes to increase the ground cover from about 1,536 square feet to about 1,634 square feet, still under the about 6,200 square feet allowed. Applicant is also seeking ratification of a new site plan, and modification of condition "g" of paragraph 5 in said Decision, showing the enlarged building and privet hedge plantings along the southerly side yard lot line, in place of the previously approved spruce trees. All other conditions would remain in force. The Premises is located at 12 MARY ANN LANE, Assessor's Map 68, Parcel 443, Land Court Plan 16514-29, Lot 564. The property is zoned Residential-Commercial- 2. 2. The Decision is based upon the Application and materials submitted with it and the testimony and evidence presented at the hearing. The Planning Board made no recommendation as the matter was not of planning concern. There were no letters on file in favor or opposed. 3. Applicant represented that the Lot is benefited by the previous Board of Appeals Decision in File No. 067-99. In that Decision Applicant was allowed to use the first floor of a proposed commercial building for storage and warehousing in conjunction with Applicant's electrical contracting business. There would be two (2) apartments on the second floor. The site plan was approved showing a building square-footage of about 1,536. The structure was built in accordance with a duly issued Building Permit using the original square-footagc calculations. Ilo\Vcvcr, therc \Vas an error ill calculatinG tlte squarc footage of the structure. The actual footprint, with a growld cover of about 1,634 square feet, as shown on the new site plan dated May 7,2001 and done by John J. Shugrue, is the same as that shown on the original site plan dated July 6, 1999, revised July 27, 1999, done by John J. Shugrue and attached to the previous Decision as Exhibit A A portion of the structurc showing on the previous sitc plan was inadveltently left out of the calculation for ground cover. Applicant is now asking the Board to approve of the new site plan and allow the substitution of a new Exhibit A The groWld cover is still well below the maximwn allowed of about 6,209 square feet. All other dimensional, parking, loading and green space requirements are met. Applicant is also asking to be allowed to plant privet hedge along the southerly side lot line in place ofthc previously approved spruce trees. 4. Therefore, based upon the foregoing, the Board finds that the Modification of the Decision in File No. 067-99, to allow the correction of the ground cover of the structure as indicated on the new site plan, with substitution of a new Exhibit A, and planting of a privet hedge rather than spruce trees along the southerly side lot line, would be in hannony with the general purpose and intent of the Zoning Bylaw and would be in keeping with the findings in the previous Decision, especially with all other conditions continuing to remain in force. 5. Accordingly, by a unanimous vote, the Board GRANTS the requested MODIFICATION of the SPECIAL PERMIT granted in the Decision in BOA File No. 067-99, to allow the substitution ofa new Exhibit A, dated May 7, 2001, done by John J. Shugrue, which shows a groWld cover of about 1,634 square feet, and to allow Modification of condition "g" in paragraph 5 of said Decision to show the planting of a privet hedge along the southerly side lot line based upon the following conditions: a. The Locus shall be in substantial conformance with the new Exhibit A attached hereto which indicates a ground cover of the structure to be about 1,634 square feet; and b. All other conditions contained in the Decision in BOA File No. 067-99 shall continue to remain in force without further relief from this Board. 6. Upon a unanimous vote, the Board approves of the new Site Plan as indicated above under Nantucket Zoning Bylaw Section 139-23. Dated: July 9, 200 I \' ~. f. :\ \ . \ ~~D;~s~~~n1l),( (u r-)r! t ~. --- Michael J. O'Mara (~",',\ (' \ \ / I ,_ f , /)" \, ( \" l Dale W. Waine " I i -'j (, (i '. ,'1 " I", " \ ,'..J '. \ 'wI : ~ UJg ,.' .2 VC~lJil\-+- ~ Parent ~CL c 6 Edward Sanford c--_ I~"'J t' .'\c:--<~'\~ f\)n ~ ~ m n ~ 95,00' ~ ';2~h#~4,:?:r.~{,,:~,f,~7' :.... :.,:,.,.:,-.;':' :'llav~..o::'~' ,-' ~ f':" ..... ''':," I ;'"! .~..,.:_. ,'t.,'- - >.....~.::...~..." ~ lJU1l.J1IH> l,:;;)(, SF. 1,634 S.F. ~ :~ .: :. :", .... ~ :: \ . ~'.~. - .'~.. ..: " .,.-p' ':.~ .~ . ,', ',.'- .,:':' :.",,,,',, ':.":', ....~:' ~.::-...:~: . ... '~...-'.: .).~: ~. \ ..::.'" + >::;.:.;~" ;f . . :\~.{),;..~~~ >.~. . : ...... . ..:.;....:.. "~ ... !:';S :f:: : < .. . ~ :;'~~,::::';>~~'f::':.: :'::. :~ ':\:..i- .. ..f: :... ... ~ 0: ::; ..: ... ri <> i'l .' ~.....~:.....:J. ........ ... ." ',' ", ....' .' ,I ..; ~ ...:...:.... ,. ',. ; ~... ....:. ~LOO' SI3'~Z'1Z"" MARY ANN LANE LEGEND: ~........"'.. " 1........:......:. .... .. . . .. . . ~.~..i...... . "......., .., . '.. ~," .. ~ o 0 GRA VEL CONCRETE or ASPHALT GRASS or SCREENING SPRUCE TREES 3-5'MIN. PRIVET HEDGE cco::;o::x:o ~ BRICK THE STRUCTURES ~RE LOCATED AS SHOVN (\:):)L~~UI<:) Hf\1' GO LOCUS MP SCALE 1'.<.000' ~ '"! APPROVED: NANTUCKET BOARD of APPEALS DATE, FILE NUMBER' PARKING REQUIREMENTS, 2 APARTMENTS 1/ EACH = 2 SPACES OFFICE 200 S.F. = 1 SPACE VHAREHOUSE 1/900 S.F. 1336/900 = 2 SPACES TOTAL = 5 SPACES PROVIDED 6 SPACES OPEN SPACE REQUIRED 12,418 x 0.20 PROVIDED = 3,952 S.F. 2,484S.F. ZONING:RC-2 MINIMUM LOT SIZE6,000 S.F. MINIMUM FRONTAGE~O FT FRONT YARD SETBACKeO FT REAR & SIDE SETBACK6 FT GROUND COVER RA TIO:501. 1'1 nT 1)1 l\tl ni 1 At In Ifl NANTUCKET, MA SCALE: 1'= 30' DA TE' MAY 7, 2001 JOHN J. SHUGRUE, INC. 57 OLD SOUTH ROAD NANTUCKE~ MA 02554 fUR, RYDER ELECTRIC FI\I~LLL IllJ.'HJ IIG2-1~j:'2 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: September /6 , 19099 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 067-99 Owner/Applicant: BRIAN T. RYDER 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. Mich cc: Town Clerk Planning Board D u i 1 din g Co HUll i tJ tJ i () t t l! r 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. Assessor's Map 68 Parcel 443 Residential Commercial 2 12 Mary Ann Lane Land Court Plan 16514-29 Lot 564 At a Public Hearing of the Na ucket Zoning Board of Appeals. on Friday, August 13, 1999, at 1:00 P.M., in the Confer nee Room. in the Town Annex. Building, 37 Washington Street, Nantucket. Massac usens, on tl1e Application of BRIAN T. RYDER. Owner, 12 Mary Ann Lane, Nantllcke , MA 02554, Board of Appeals File No. 067-99, the Board made the following Decision: 1. Applicant is seeking Re icf by SPECIAL PERMIT under Nantucket Zoning By-Law. Section 139-9B(2)(a),(b). an' (c) (light manufacturing, storage and warehousing and fabrication and assembly of componel parts for off-site construction or use). Applicant proposes to construct a 1,536.:t squar foot commercial structure for use in conjunction with his electrical business. The structure auld comain 200+ square feet of office space and two (2) second floor apartments. All parki g, loading and screening requirements will he met. To th~ extent necessary, Applicant is als seeking Relicf by Special Permit under Nanmckct Zoning By-L'\w. Sel.:.tion 139-18 as it elates to backing up of vehicles onto a travelled way and aisle widths. The Premises is located at 12 ary Ann Lane, Assessor's Map 68. Parcel 443, Land Court Plan J6514-29, Lot 564. The roperty is zoned Residential Commcrciat-2. 2. The D~cision is based pon the application and accompanying material submitted with it and the tcstimony a d evidence presented at the Hearing. The PlalUling Board's recommendation was po!>jtiv provided the Applicant modified its plan to provide a buffer as required by Section 139-19 within the confines of the Applicant's property and eltminate any parking in the front ya d that requires the backing up of vehicles onto the Mary AIU1 Lane right of way. A letter fro the Nantucket Water Corrunission Superintendent was filed with thc Board stating that Sec(on 139-12(2)(s)(a) does not apply to this Application and therefore a finding of Water Qu lit)' Compliance is not required. There was one (l) 1elt~r from an ahutter that stated that she was in favor of the Application for Relief as requested, adding that she had revie ed the plans for the building and tht: land~eape design and welcomed the Appl icant and his usiness to the neighborhood. There was one (l) interesteu area resident prescnt at th hearing who !;poke in favor of the Appliciltion. There was ont:: (1) letter from an abutter 0 file that indicated concern about screening hetwecn her propeny and the Applicant's pro pert . Thr.:rc were two (2) abutters (including the aforementioned abutter) present at t e hearing that spoke in oppOSition. Abutters in opposition expre' cd concern about dust along Mary AnI! Lime createu a~ a result of increased traffic from the proposed commercial use of the locus. Concerns wen; also express~d about buffer screenin , lighting. and number of trucks [hat were to be parked on site at any given time. However. much of the; discussion centered on the pOlential impact that the COIlU11ercial structure itseJr ould have on its immediate abutters to the north and to the west In the course of the Publi Hearing process. suggestions were made with respect to I I I I conditions that abutters wished to see Jnposed upon the project in order to alleviate ahuttcr concems should the Board vote to gra91 the Relief requested. 3. Applicant, through counsel, ~epresented that he and his family arc engaged in the business of electrical contracting. He ~Jans to construct a building, with a ground cover or up to 1.536i square feet that would hav a mixed use, i.e., one (1) conunercial use, the storage, wan:housing and delivery of lecu'ical components to residential and commercial constnlction sites with ancillary office space, on the first floor, and two (2) dwelling units on the second fiOOL The structure and th se U5CS are proposed on a 12,418.:!:. squarc foot lot, situated in a di~tricr that requires a mi imum lot size of 5,000 square fect. Applicant, through counsel, stated that the comm rcial building comprising 1,536.:!: square feet of ground l,:over is substamially smaller t an the finy (50%) percent ground cover ratio allowed in the Zoning District. Parking, Loadi g Zone and grecn spacc r~Uirem~nts would all be met. Applicants have received Certifi ate of Appropriateness <y':? I tJ./-:o from the Historic District Conunission for the csign of the structure showing thrt:e (3) individual parallel parking spaces in the front of it he structure and three (3) parking spac;~s and the loading zone sited at the rear of the Sf' cture as indicated on "Plot Plan of Land in Nanmcket. Mas~achusetls" drawn by ohn J. Shugme, Inc. Licensed Surveyor, dated July 6. 1999 as revised July 27. 1999. (Exhi it "A". attached hercm.) Applicam stated that the three k3) small step vans used to service the commercial busines.c; would be stored overnight in ide the structure in iL<; garage. The three vans would be loaded for the next day's job bctw en approximately 4 P.M. and 6 P.M The next day, three (3) employees/electricians woul arrive at the Premises, park their cars if they drove to work, and drive the loaded vans out f the Premises by 7:30 a.m. daily to the designated job sites. The van~ would arrive back at 1e Premises that afternoon by nO later than approximately 4:00 P.M. and be par cd in the garage area. The net effect of this i5 that lhe vans wOLlld only be apparent to abuU rs as they corne and go from the Premise~. All uf the parking on-site visible to the public ahutters would be comprised ot the automobiles belonging to the commercial office c ployee, tenants of the dwelling units and those electricians who drive automobile~ to work. Applicant staled that in an eff rt to ac(;ommodate the ahutter directly north ot the Premises, he was willing to increase he buffer area immediately north of the three front parking spots to len (lO') feet. It wa noted for the record that a five (5') foot buffer only is required for parking lol~ containing cnty (20) and more cars. Additionally, Applicant staled that the planting plan required by the HOC as a condition of i~ Certificate uf Appropriateness. and as shown on tl Plan referred to hereinabove, would be substantially complied with. 4. Based upon the forcgding testimony and evidence, the Board finds that the proposed use of the locus for light anufacmring. storage and warehousing, and fabrication and assemhly of component parts fo off-site construction or use. with an ancillary ufflce and twO (2) second floor tlwelling units. and based upon the condition:; set forth bdow would nO[ have a ~ubstantially tlctrimental imp ct upon the neighborhood. The 130iud hlfthcr finJ~ that;] gr:1nt of Special Pennir under Nan Icket Zoning By-Law 139-}8 IS unneccssilry as it relales L.I ; I to the aisle width and backing out of v~hic1es onto a public way as Applicant can comply' with the requirements of the By-Law. With respect (0 the Special Permit allowing the backing out of vehicles onto a travelled; way the Board finds that it is nor necessary as the aisle width coupled with the parallel Pafking space is sufficient in width to allow vehicles to turn around within the property itself apd drive directly forward onto Mary Ann Lane. 5. Accordingly, by a UNANIMOUS VOTE the Board grants the requested Special Permit under Nantucket Zoning By-Law 139-9B(2)(a), (b) and (c) to allow the use of the proposed structure as described above, subject to the following conditions: (a) All outside lighting servicing the Premises shall be directed down and away from abutter dwellings; I (b) The hours of commercia,l operation as described above, shall be between the hours of 7:30 A.M. to 6:00 P.M. M(1)day through Friday and 7:30 A.M. to 12:00 P.M. on Saturdays with 110 commercial use on ~unday: I (c) There shall he no outsid~ storage of goods and materials related to the Applicant's business: (d) There shaH be nO roof ~alks/widow walks allowed on the strucrure; (e) Applicant shall provide a gravel driveway and parking area, a~ descrihed above and in compliance with the Plan described hereinahove, in an effort to keep dust down that may be caused by the vehicles dri~ing onto Locus; (t) The structure shall be cOnstructed In substantial conformity with Hisloric Dimict Commission (HOC) Certificat~ of Appropriateness No. 3 Lj I L.J /3_: , I (g) Densely packed vcgetatJve screening of the structure shall be provided and maintained in conformity with Exhibi tI A"; and 1 (h) A commercial sign no l~rger than the sign presently in use by the Applicant at their West Creek address shall be allo~ed. Dated: September ( 0 . 1999 Nanrucket. MA U J. O'MAR EDWARD s~~j-~ l~~~L(~~~ 7ftK tI/!14J~ . 1V~1 '1, pox:enT ,~.:~C[iVED rovt\j C:;_ERi<'S OFFICE 1'~Arrrl 'Ci<ET, MJ\ 02554 SEf) 1 0 1999 f 1M c. CLEr-lf<:_a~ :~ " 3 0 f (}\ . I . '---f'-"J ~ r '.J ..c::,..... tlORi\\ ~ CJJiWCfLTt'e6 5'/h/O- ~....... c..'1("' N1J'~Z'IZ,( 9~,OO' ~ l~ >:\0~![~;#;~;,C.:;:!,:~~]~]~B:' . 'p':" . .l J r-i '" !:: ~ ~ILDI/oG L:u6 SF. .. .. .. b~ .. ~. ~,~ ... ... .. .",c:i"l,. ... .. ... '1,,?; . J .... r '",. ..:':' : ......:.. ':,":', .'.,'< ~~ ' ", ~'. : .,:: ;. \ :~.... ... Ii "':\':, ~i' : : · r ~::)::' 'f:; ~t " ~ i\!ii~nt\ ~ ~ j ~ I 1;2. MARY ANN LANE LEGEND' L2IG]....,.,.C;' ", . . .... I I.......... . ~. ... . - : ... . . ~::,.i ..'<' . . .. . .... " .... . '.. r+1 ~ ~ .' GRAVEL CONCRETE or ASPHALT GRASS or SCREENING BRICK THE STRUCTURES ARE LOCATED AS SHOVN / 27, 1999 ASSESSORS MAP 68 LOCUS HAP SCALE \'.2,000' c;?l / ~}Cj9 OARD of APPEA DATE. F'~ FILE NUMBER. DCa 1-qq PARKING REQUIREMENTS, 2 APARTMENTS 1/ EACH = 2 SPACES OFFICE 200 S.F, = 1 SPACE VHAREHOUSE 1/900 S.F. 1336/900 = 2 SPACES TOTAL = 5 SPACES PROVIDED 6 SPACES i' OPEN SPACE REQUIRED 12.418 x 0.20 PROVIDED = 3,952 S.F. 2.484S.F. ZONINGIRC-2 MINIMUM LOT SIZE6,OOO SF. MINIMUM FRONT AGE.40 FT FRONT YARD SETBACKeo FT REAR & SIDE SETBACK6 FT GROUND COVER RA TID60% PLOT PLAN OF LAND IN NANTUCKET, MA SCALEI 1'= 30' DATEI JULY 6, 1999 REVISED JULY 27, 1999 JOHN J, SHUGRUE, INC. 57 OLD SOUTH ROAD NANTUCKE~ MA 02554 I III~I I! Y III I! II I I 11: II PARCEL NO.443 #6245S1 B'. RECEI' ?"'-O DARD 0 vt: F ASSESS . ORS MAR 0 5 2002 TOWN OF NANTUCKET ,MA .$b Town of Nantucket ZONING BOARD OF APPEALS LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF PROPERTY OWNER.. .... ..i2cJck,c................. ............... ........... MAILING ADDRESS....................................................................... PROPERTY LOCATION......... .I.IX................ \~.~ .~... Drl ~ ASSESSORS MAPIP ARCEL....... b.~. .:...Y.'-:I. 3............................... APPLICANT......~ r.0.Q.......... ..0./.I.I.!~~....................... SEE ATTACHED PAGES I certify that the foregoing is a list of persons who are owners of abutting property, owners of land directly opposite on any public or private street or way; and abutters of the abutters and all other land owners within 300 feet of the property liiie of owner's property, all as they appear on the most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139. Section 139-29D (2) ... .$/;/~~............... ~dy....~ DATE ASSESSOR'S OFFICE Town of Nantucket tn Q .r-! ~ ,JJ tQ .r-! E-t HI':iI tQ ~ l-l U P ~E-t ~~ ~ a o rl J,.l III u o ..:I ~ ~ l>:: ,;<: := ~ ~ ~ ~ 0 0 < <Jl <Jl ~ ~ ><~ ..:1-..:1 o 0 o N ... ... ... ... ... .,.. oil U '" III "" l>:: l>:: ~ ~ ~ ~ >< i ~ I l"'l III ~ l>:: ~ ~ ~ ~ ~ >< ~ i ~ >( .... 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