HomeMy WebLinkAbout060-02
..
~
TOVVN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Da te : OE(~_Q/m.h.eA, ~ ' 20 Cr2..-
To: Parties in Interest and, Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application N<?: oCr;tJ-. 02-
owner/AP~licant:_\)Q. (}(OS \"<2Y\(l~ Morron
OY1~ ~G DJarrJ2r1
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 Ceneral 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~~~~
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.
NANTUCKET ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MA 02554
Assessor's Map 67
Parcel 112.3
Residential Commercial 2
5 Perry Lane
Plan Book 22, Page 77, Lot 7
Deed Book 564, Page 179
At a Public Hearing of the Nantucket Zoning Board of Appeals, on Tuesday,
November 26,2002 at 1 :00 P.M., and continued from the Public Hearing originally
convened on Friday, September 13,2002, and then continued until Friday November 15,
2002, in the Conference Room, in the Town Annex Building, 37 Washington Street,
Nantucket, Massachusetts, in the matter of DE MOST HENES MARKEN AND PAMELA
MARKEN, Owners, 7 Bailey Road, Nantucket, Massachusetts 02554, Board of Appeals
File No. 060-02, the Board made the following Decision:
1. Applicants are seeking a MODIFICA nON of the Special Permit relief in the
Decision in BOA File No. 052-98. Applicants seek the following: (1) Modify condition
(b) in paragraph 6 to allow heating/venting, air conditioning systems and refrigeration
compressors associated with a commercial use to be located on the exterior of the
structure screened from view by an appropriate board fence enclosure; (2) Modify
condition (i) in paragraph 6 to eliminate two of the four required on site parking spaces,
however, while providing four spaces in a stacked manner; allow a below grade loading
bay with a driveway and curb cut in excess of twenty-five feet in width at the street, i.e.,
about 34 feet in width, with the additional substitution of a new Exhibit A site plan; (3)
Strike condition (l) in paragraph 6 to eliminate the requirement ofa driver safety man; (4)
Modify condition (m) in paragraph 6 to allow construction of a board fence along the
northerly side yard lot line running from the front edge of the structure in a westerly
direction to the rear property line and eliminate the requirement of a board fence along
the balance of the property bounds; and (5) Clarify condition (0) in paragraph 6 to allow
transfer of the Premises and Special Permit relief to a successor-in-interest operating a
like-kind commercial venture. To the extent necessary/in addition, Applicants are also
seeking relief by SPECIAL PERMIT under Sections 139-18 (parking, aisle width);
Section 139-19 (screening, driveway width); and Section 139-20 (loading zone) to
validate the site plan as proposed. The Premises is located at 5 PERRY LANE,
Assessor's Map 67, Parcel 112.3, Plan Book 22, Page 77, Lot 7. The property is zoned
Residential-Commercial- 2.
2. The Decision is based upon the Application and accompanying materials
submitted with it and the testimony and evidence presented at the hearing. The Planning
Board made a favorable recommendation on the Modification and the originally
submitted new site plan that showed four stacked spaces in the loading bay, and
requested that there be screening along the lot line on Perry Lane with a reduction in the
curb cut. There was one (1) abutter present at all of the hearings expressing concerns
about the level of ambient noise generated by the two refrigeration compressors currently
located outside of the structure on its north side and about the glare caused by security
lights on the Premises shining down on to the roof of certain of the Applicants delivery
trucks thereby creating a bright reddish glow from dusk through dawn. At the first Public
Hearing another resident of Perry lane rose to express concern about cars connected to
the Premises parking on either side of Perry Lane itself rather than within the parking
areas designated upon the Premises. There was one abutter represented by an attorney at
the Public Hearings also expressing concern about cars parking on Perry Lane rather that
within the designated parking area ofthe Premises; the purposed elimination ofthe
required board fence on the north and west side of the Premises; and the purposed
elimination oftwo of the previously five required on site parking spaces while providing
four spaces in a stacked manner.. There were no letters on file.
,J. Applicants, through counsel, represented that the Site Plan, done by John 1.
Shugrue, dated May 6, 1998 and attached to the Decision as Exhibit A, approved by the
Board of Appeals in its Decision in File No. 092-98 could not physically be complied
with most specifically as to the parking layout. Applicants' counsel further stated that the
site plan showed the parking area constructed upon a single grade north to south and east
to west that allowed for five parking spaces and a loading zone in the "front yard" of the
Premises. As explained by counsel the warehouse as originally designed and presented to
the Board of Appeals during the first hearing could not in fact maintain an at grade
parking area due to the necessity of providing a below grade loading dock, in which
trucks would back up to the first floor level to unload directly into the building. This
discrepancy in the buildings design and the Site Plan was not ascertained until the
structure was largely completed and it was noted that the site plan did not show the as-
built situation. To meet the 30-foot height limitations as required in the Zoning By-law,
the structure was designed with a subterranean level on the easterly front side of the
structure with the remaining three sides being sited at grade. However, this resulted in a
change in grade, with the below grade loading dock and an at grade parking area for
vehicles with a large curb cut across the front of the property, which differed from the
previously approved site plan.
Additiona~ly, as represented by counsel for the Applicants, the refrigeration
compressors could only be installed within the interior of the warehouse if a water tower
providing cooling capacity for the compressor motors was installed on the outside of said
warehouse. A photograph presented to the Board by the Applicants' attorney showed the
type of water-cooling tower required approximately three feet wide by eight feet high
serviced by a compressor that was said to run virtually day and night to ensure the
interior compressors were kept cool. Some sort of vent would also have to be provided to
the outside air and would have some noise associated with its use. There was substantial
discussion about types of venting systems and possible solutions as all of the public
hearings. Counsel presented several options and the engineer was present and gave
testimony about the various systems and possible solutions.
4. Applicants had made several revisions to the first plan submitted with this
Application to address several concerns expressed by the Board at the first public
hearing. The Board had expressed concern about the 60-foot length ofthe driveway cut
with the loading zone and two spaces below grade and two spaces situated at grade, with
all backing out onto Perry Lane. In addition the Board expressed reluctance to waive one
of the five parking spaces originally required, even though only four spaces were actually
required for the uses in the building. The new Site Plan, done by Edward Burnham, of
Burnham Engineering, Inc., dated November 5, 2002, a reduced copy of which is
attached hereto as the new Exhibit A, showed the loading zone and two parking spaces in
the below grade area in front of the loading bay doors, one parking space parallel to the
Perry Lane and an access driveway running along the northerly property line to provide a
means of accessing two more spaces to the rear of the structure. Densely planted
screening was shown as well as a board fence, previously approved by the Historic
District Commission in the Certificate of Appropriateness No. 40,654, as may be
amended, that would be sited on the northerly, westerly and southerly property lines.
Due to the new revisions some of the previously requested modifications to the
Decision were withdrawn as not needed, i.e., waiving of any of the previously required
five parking spaces, driveway width in excess of 24 feet, and a request for a board fence
on only the northerly side yard lot line instead of on three sides of the property. In
addition the Applicants voluntarily withdrew the request to be allowed to transfer title to
the property to a successor in interest operating a like kind commercial venture without
Zoning Board of Appeals approval.
On the matter of the compressors located along the exterior northerly wall of the
mixed use structure (which also contains two second floor apartments) rather than in the
interior, the Board was inclined to allow the Applicants request provided that should the
compressors be maintained and operable on the exterior of the structure, they would be
enclosed within soundproofed surrounds with minimal venting to the outside air as
necessary. In addition, the Board, upon testimony from the Applicants and their attorney,
and without resistance from the abutters, was inclined to strike the condition of the
original Special Permit requiring a driver safetyman to monitor trucks backing from Perry
Lane into the Premises.
5. Based upon the a foregoing testimony and evidence, the Board finds that the
Modification to allow the substitution of the revised Site Plan (Exhibit A) would be in
harmony with the general purpose and intent of the Nantucket Zoning Bylaw. The Board
also finds that granting Special Permit relief to validate the Site Plan as now proposed,
showing a ten-foot wide driveway, a less than 24-foot aisle width to the rear of the
loading zone and two parking spaces and a loading zone in the below grade parking area,
is in harmony with the general purpose and intent of the Nantucket Zoning By-law; that
full compliance with the driveway requirements of the By-law is physically impossible
for the Applicants to provide considering the change in grade and location of the existing
structure; and further finds that the granting of relief would not be contrary to sound
traffic or safety considerations based upon the conditions below.
6. Accordingly, by a UNANIMOUS vote, the Board grants the requested
MODIFICATION of the Special Permit relief in the Decision in Board of Appeals File
No. 052-98 as well as relief by SPECIAL PERMIT, to the extent necessary to validate
the Site Plan under Nantucket Zoning By-law Sections 139-18, 139-19 and 139-20,
subject to the following conditions:
(a) Commercial vehicles associated with Applicants' business that are parked
on the Premises, shall not back. out onto the private way known as Perry Lane;
(b) Should the heating, venting, air-conditioning systems and refrigeration
compressors associated with the commercial use on the Premises may be located on the
exterior of the structure, they would be enclosed within fully soundproofed surrounds,
with the minimal exterior venting that may be required;
(c) Should the hearing, venting, air-conditioning systems and refrigeration
, compressors associated with the commercial use on the Premises may be located on the
exterior of the structure, Applicants are required to return to the Zoning Board of Appeals
no later than October, of the following fall after the first summer of use of said exterior
mechanical devises for further consideration by this Board to consider the ambient noise
impact on the neighborhood.
(d) All dumpsters and trash receptacles shall be enclosed by an approved
board fence not less than six feet in height and located on the north side of the structure;
(e) The hours of commercial operation as described in the Decision in BOA
File No. 052-98 shall be between the hours of7:00 A.M. to 8:00 P.M., daily, with the
caveat however that trucks departing the Premises for the early morning steamship will
occasionally leave prior to 7:00 A.M., particularly during the summer months when it is
busier for Applicants' business, with Applicants making every effort to avoid backing the
trucks up at hours other than those stated above;
(f) There shall be no more than four (4) commercial vehicles associated with
the Applicants' business stored on the Premises at any given time;
(g) There shall be no outside storage of goods and materials related to
Applicants' business;
(h) There shall be no retail sales allowed on the Premises;
(i) There shall be no parking on the private way known as Perry Lane of
Commercial vehicles associated with Applicants business or vehicles associated with
Applicants' tenants in the residential units;
G) Applicants shall provide a loading zone and five parking spaces,
screening, parking area and an asphalt apron on to Perry Lane, substantially as shown
upon the Site Plan, attached Exhibit A, and approved by a UNANIMOUS vote of this
Board on November 26,2002, as per Nantucket Zoning By-law Section 139-23;
(k) Applicants shall ensure that any runoff from gutters and drains servicing
the structure upon the Premises shall remain on Premises;
(1) Applicant shall cause movement sensors to be installed upon the exterior
security lights on the warehouse to ensure that said security lights are not on and
therefore do not reflect off the roof of the commercial vehicles parked there under unless
and until triggered by night time movement upon the Premises and are directed
downward and not at the neighboring properties;
(m) All commercial vehicles associated with Applicants' business shall not
back onto the private way known as Perry Lane;
(n) Densely packed vegetative screening of the structure shall be provided and
maintained in conformity with said Exhibit A; the structure shall be enclosed on the
north, west and south sides running the perimeter of the property lines from the front
building line of the structure rearward, by a board fence as approved by the Nantucket
Historic District Commission in a Certificate of Appropriateness No. ; vegetative
screening shall be provided on the perimeter of the parking area constructed along the
Perry Lane side of the Premises so as to screen said parking area but not obstruct the
view of vehicles entering and exiting from the Premises along the easterly side of the
Locus;
(0) The Applicants, jointly and severally, are granted the Special Permit relief
herein described, with any transfer of title to a successor in interest necessitating further
relief from or modification of this Decision by this Board, with the Premises being
restricted to one commercial use on site; and
(p) There shall be no servicing or washing of commercial vehicles associated
with Applicants' business on site.
Dated: Decembert:9D, 2002
~91+--
/
c:
r
rTl.-.
:::0
:'i:-
d
N ;U
-!
c:J
-
C"? .
N
0
-0
-
0
0
Edward Murphy
c: MARKEN: Mod of 052-98
:E)> " ;>;)
>'"'0 )> fT1
;0> ;0 -I
fTl;>;) ^ )>
:1:-1 Z Z
g~ G) Z
g:{~ :;u C)
.. y:> 8 :E
c ~
;>;) ,-
~ .j>.
[Tl I'
Z 0
-l
Ul
,N @.
" aJ
;>;) ~@ C
0 o~ ~
~b ",'
O-l LJ(1) Z
[Tl)> ?a e>
<:;>r. () , -l
=r
J>\ II II 0
(JI NN 0. Z
I .....
0, .....-
(JIOl
@ (JI?'
-'C;rJ
,- 0<0.
0 :E
-l
,-
Z
[Tl
~~:a1;;1;;
o)>ozz
c;>;)Z' .
Z -;"'T1r
oR- ::00
Ol/l;:O-l
~62l~!Ll
(Tlf'Tl ~~
;U(j')~/"T1.'
~~~,.
;::N
)>0
"z
"z
Ole>
.....0
,-
)>
Vl
Vl
=;;
o
)>
-l
,,0
)>:2:
::0
();>;)
po
~(JIN.j>.(JI
~;:::ooo
, __0
~~O
'"
LJ N
L<
t:l
p ."
0+ 0
~ ~
Z
o
~
,lI1
N
o
o
N
o
[Tl
'1::'
o
'I::
)>
;0
^
[Tl
Z
I
ZCIlaJ
)>~c
ZUl;>;)
COZ
()'l::I
^[Tl)>
[Tl;>;)'I::
~-1~1TI
;::-lZ'5
)>;0-
, o~
a)>[Tl
NO;>;)
'-" -
(JI Z
.... e>
U\
n
p
~
'-"
<l
~
'<
,-
o
::>
(1)
-
"-
~
Z
o
-l
~
z
()
LP]>
O\l\~
:YI~
~ 0- \1\
L~. <t-
- :+ ~
(.1)'0 n
:y~<t-
CO C
(() <+ '
, (1)
C""O \1\
(1)~
- P P
-u~,
r Q. (1)
(.I)p-
- <+ 0
(1) n
Q.p
<+
]>(1)
'OQ.
"';
;::::p
Vl
..-
g"Vl
:y
ruO
C)~
C)~
ru
o
~~
uU.UU
N12 .15'30.E
PClrklng
?
0,-
00
N-l
\(\.....
b::t
o
p
.,
12-
..,
11)
:l
n
11)
Parking
C
'f
(I)]>:
-0 -0 '"
0-0
n "I
100
X
II '
wel
0"1
\DIO
010
:l
U\
..,
..
w .~.....
PERRY
LANE
c
<+
;+
'<
2 (.I)
-l :y
~ (1)
Q.
8' Height
~
ZBA File No, (JuB-02-
-----
</~-cL
- ...)
~~
'\ 111-'( : '1\'1, , ^~
....
~
~f1
NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554
File No.Oiil-o~
Assessor's Parcel 07 - {/;<..3
--
by the Board,
(whether such Application is an appeal from the
decision of an~administrative official;-a petition for
a Special Permlt ~ ,or for a Variance , or for any
ext~nsion ___, modification ~, or renewal ___ thereof)
to the NEW TIME LIMIT of midnight on )0Jr7( fl/Jt:j/.3 ( 2D&3
but not earlier than a time limit set/by sta~te b~ bylaw.
The Applicant(s), or the attorney or agent for _
Applicant(s) represented to be duly authorlzed to act in
this matter for Applicant(s), in executin9 this Agreement
waives any rights under the Nantucket zonlng Bylaw and the
state oning Act, as amended, to the extent, but only to
the ex ent, inconsistent with this Agreement.
---
~ ::0
02 -:--:...
:z: ' .
~~ c::>
z:~ oc::::
-
() U1
fTi \J
?J ~
-.'
16
U1
Effec~e512t~of
Agreement
cc: Town Clerk
Planning Board
Building Commissioner
Agreement filed in the office of the Town Clerk:
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 WNING BOARD OF APPEALS will
be held at 1:00 P.M., FRIDAY, AUGUST 9, 2002, IN THE CONFERENCE ROOM,
TOWN ANNEX BillLDING, 37 Washington Street, Nantucket, Massachusetts, on the
Application of the following:
DEMOSTHENES AND PAMELA MARKEN
BOARD OF APPEALS FILE NO. 060-02
Applicants are seeking a MODIFICATION ofthe Special Permit relief in the
Decision in BOA File No. 052-98. Applicants seek the following: (1) Modify condition
(b) in paragraph 6 to allow heating/venting, air conditioning systems and refrigeration
compressors associated with a commercial use to be located on the exterior of the
structure screened from view by an appropriate board fence enclosure; (2) Modify
condition (i) in paragraph 6 to eliminate two of the four required on site parking spaces,
however, while providing four spaces in a stacked manner; allow a below grade loading
bay with a driveway and curb cut in excess oftwenty-five feet in width at the street, i.e.,
about 34 feet in width, with the additional substitution of a new Exhibit A site plan; (3)
Strike condition (1) in paragraph 6 to eliminate the requirement of a driver safety man; (4)
Modify condition (m) in paragraph 6 to allow construction of a board fence along the
northerly side yard lot line running from the front edge of the structure in a westerly
direction to the rear property line and eliminate the requirement of a board fence along
the balance ofthe property bounds; and (5) Clarify condition (0) in paragraph 6 to allow
transfer of the Premises and Special Permit reliefto a succesor-in-interest operating a
like-kind commercial venture. To the extent necessary/in addition, Applicants are also
seeking reliefby SPECIAL PERMIT under Sections 139-18 (parking, aisle width);
Section 139-19 (screening, driveway width); and Section 139-20 (loading zone) to
validate the site plan as proposed.
The Premises is located at 5 PERRY LANE, Assessor's Map 67, Parcel 112.3,
Plan Book 22, Page 77, Lot 7. The prop is zoned Residential- ercial-2.
TillS NOTICE IS A V AILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
r-
c:: .-
u,; C"')
CL
......-crl> .
.,cr" ~
""=t
lU N .
() --l i
=:J
UJ -) I
I
0::: ~ i
I
I
BoA'. Form 1~09
N~.lITUCKET ZONING D01\Iill OF 1\.PPE1\.LCl
TOWN AND COUNTY DUILDING:
'NANTUCKET I HA 02554
APPLICATION FOR RELIEF
~~ -
CAB;NO(J~
\
Owner's name(s): ..Demostlheheseand Pamela Marken
Mailing address: 7 Bailey Road. Nantucket. MA. 02554
Applicant I s name: Same
ili dd c/o Vaughan. Dale & Hunter. P.O. Box 659. Nantucket. MA 02554
M~ ng a ress: _
Location of lC?t:Ass.essor's map and parcel number -R- 1123
street address: 5 Perry Lane
Registry Land ct Plan, Plan Bk & Pg or Plan ~ 22. Page 77 Lot--2-
Date lot acquired: -.-1-.-1_ Deed Ref5~, 179 Zoning district RC-2
Uses on lot - commercial: None or Storage & Warehousjng .~CD7_
. ....." .-. .-
- number of: 'dwellings~ duplex~ apartments~.rental rooms_
Building date(s): all pre-B/72? ~ or
Building Permit appl'.n; Nos.
Case Nos. all BoA applications, lawsuits: BOA 052-98
state fully all zonin~ relief sought and respective' Code sections
and subsections, spec~fically what you propose compared to present
and what grounds ~ou urge for BoA t<;> make each findi~g per,section
IJ9-J2A if Var~ance, lJ9,...JOA . ~f a Special Perm~t .Cii1J1A lJ9-JJA
if :toalteror'.ext'end .il. nonconforming use).. If appeal per lJ9-J1A
&-B _ , attach decision or order appealed. OK to attach addendum .
C of 07_
,1"'-
Please see Addendum attached hereto
11
,.
Items enclosed as part of this Application: orderl' addendum2
Locus map~ Site plan~ showing present~ +planned___.~st~uctures
F~oo~ plans present_ proposed_ elevat~ons _ (HDC,a~proved?_)
L~stlngs lot area x frontage X setbacks X GCR . park~ng data X
Assessor~certifi addressee TISt 4 sets ~ma~lrng label~ 2 setS-X
~200 fee payabl,e... o....:l'o.wn .'of Nantucket~proof.. _ ,I cap I c6vcmant -
(If an appeal, ~ k Town Clerk t<;>..~e!:<;l~ldg Comrl,s r~S;C?;t;~ to BOAT
I certify that the information submitted is substantially
complete and true. kno\.(~.eclge, under the.,.. p'.~"i, ns and
pertalties of perf . . .... ". .
SIGNATURE: icant___ Attorney/agent x
. William F.
.3 (If. not owner or 0 attorney, enclose proof of a,uthori ty)
'OR BoA OFFICE USE
APPlication. COPi;;~/ i-e~ 'do ";;0;:-;;:: fiv~A ci;,f.iy~~) '.
One copy flIed w~th Town Clerk o~~~~. . ." comPle=-L;/
One co:Py eas~h .,~o rlanning. ,Bq. al)d ~uil?m'i ~ ' ~':fl ~
$200 fee Ch~Ck give~To~~lreasurer on~ ~'WaiVed?___
Hear~ng notice posted~lei!J~ M}2J/~iJLI2--
~ ,
Hearlng(s) on__!__!__ cont'd to__!__!__, __!--1__ ~ith9rawn?__!~__
Decision due by-.-l-.-l_ made-.-l--Y __ filed. TC-.-I__! _ mailedJ-.-I_
See related cases l"".r~l1;t-~ _L.___,
\.
ADDENDUM FOR MARKEN
APPLICA TION FOR RELIEF
Applicant is seeking a MODIFICATION of previous BOA Decision 052-98 to:
1. Amend Special Condition 6(b) to allow heating, venting, air conditioning
systems and refrigeration compressors associated with a commercial use to be located on
the exterior of the structure screened from view by an appropriate board enclosure;
2. Amend Special Condition 6(i) to eliminate one ~ parking space for a
.fl 0", II total offour (4) so-called stacked parking spaces, pursuant to Sec. 139-18B(2); allow a
,~~ading bay with a driveway and curb cut in excess of twenty-five (25) feet, pursuant to
Sec. 139-20C, and further revise said Special Condition to reflect the substitution of a
new "site plan" Exhibit A, a copy of which is annexed hereto.
3. Strike Special Condition 6(1) thereby elil:ni.nating the requirement of a
driver safety man;
4. Amend Special Condition 6(m) thereby requiring a board fence along the
north side of the structure only from the front building line of the structure rearward and
eliminating the requirement of a fence along the balance of the property bounds; and
5. Clarify Special Condition 6(0) to allow transfer of the Premises and
Special Permit relief to a successor-in-interest operating a like-kind commercial venture.
NN I~
II II
.s:
'" ..; o .
0;:::
N 0- "eT
::: "' ,-'"
g;:::~..J~ -0
.:J @g
uW ~oo-o 0 ,
Cl::U U1vZIl1U1 ~ N_
\ Cl::
., <( ... Vl
50- (\] (:) .,., f-
a Z .,., z
;= ..,:~ o ~ON Z W
<( (\J W<(O W :::;
U 'CD~ -~~<C ,,: w
G: CD . 0:: Cl::
U\ ..wviV1a:: Cl' (3 :::; <( 5
w(:) ~ :::;
Vl ~~o~o ~~~~ 0 Vi .'
<( 0 w f-W
-' Vlz':iU\U ::l :::;Cl::W Cl:: ZVl
u" ti~)-~o -, <(w::::s:: :::; w=> Ci
W (:) :::;0 W
(:)to .-ll...&...1- Z -- I:::;g 0 Z f-I --0
~ .- ZCl::=> QJ ZOf- :;;;: Cl::W ;1.5
zO- ~~~~~ +> a::U'lz a:: Cl:: <(0:: f-O
0<( d ::l.-<( 0 <( 0.<( 0Cl::
N:::; :::;:::;Co.Cl::(:) "" CDlXlZ Co. a. <(3: f-o.
c
o
:;:;
d
+'
QJ
OJ
QJ
>
OJ
C
:;:;
,,!!
x
w
d
u
'Ci
:>,
I-
3N'v'l ~(:J(j3d
.s6u!+uu]d . M OC;,~O l~S
pasodo.Jd ,00'09
^"M ]AltlG
-' -'
-' -'
<( <(
3: r---T-.".,-i;
@ I I t3 @
1fIr-----l1 I <( ~I
I~ : \};
1;= ! I 0(:)
Iz I ~z 21
:~ ~: ~~ ~:
_ .J~_~
I --=tt..,----, :J
I I U I I <(
, I Cf: 1 I 3:
(:) I I Ul I I (:)
Z I I 0' I Z
~ I ~ I ~~ II 'I ~
~ I Ciw I en,,: I I ~
w I <(Z I _cr.. I I W
Cl:: I '32 I ~ I I Cl::
4 l______~_________
-'
-'
<(
3:
w
'00
to,-
..,.,
:grn
-"
"
Vl
1
I
I
1
I
I
I
I
I
I
I
~I
c
~I
-01
~I
o
8-1
ctl
I
I
I
I
I
L
w.
u;:::
<(eT
a.'"
Vlo
Zl......
wOO
w'"
Cl::
(:)
.~
z 0-
tXw ((J
5~ ~
~~~ Q)
~~
3:N
::::
"tf
f-o
Qs
-'0
c5
..v.. .LIIlIHXa
'"
-'
<(
3:
@
c@
I
'".q-o
-,I
;to
3:0
f-
(:) .
z(:)W
z~~
~~~~
ow=>o
ZO::::OL.J
./
: ~aqmnN an:.!!
a~"a
...
5T"addv 10 p~"og: 8u,uoz ~a~~n~u"N
JS69'L~#
8'2n 'ON l3J~l;;Id
S~OSS3SSI;;1
N3>1~'v'W DW3al~D:J
~SS20 I;;IW ~3~JnlNI;;IN
a'v'D~ HInos alD LS
'JNI ']n~:lnHS or NHor
8661 '~ 3Nnr 'a3SI^3~
8661 '9 AI;;IW 131l;;la
,02 =,1 13ll;;lJS
~W '.L:3>1~nJ.N~N
NI aN~1 jO N~id !Oid
1.01l10IJ. ~~ ~:.MlJO UNmn.lD
~~ea~~~~iI~i ~~Ui lN~~~
J..-l OV 1:3!;1~ J.NIJ~..i wnWINIW
l.:liS dM'~ l~tIS H:1' wnWINIW
J~ IDNINOZ
S:)NIJ.N}i'ld
~~IiliVili2~2~ a2~~Vd-2SN2a ~~;
a:)'ods 5UI>1--1"Od
N~OHS SI;;I U311;;1JOl 3~1;;I
S3~nlJn~lS a3SOdO~d 3Hl
I ., " ',I' . '. '.' '.. ., . ,.' .',
" . '.. . . !III^'~ 1'MWt\1 ldV'll !1N1lllXi .'
",~~.:.:, 3N~'4 ""^'~~jd"'~: I~.::
. ".--I'I~' ,,,, I,,:'.,' I I~
j. I II I '. j I I. " I I . I I ~ : 'f, I .'.
LL !;ld
GG >la; ld
X 3NOZ aODi..:!
I"" '
..n.
ss~~~
11\fHdS\f
--10 31]~JNDJ
~...,......
.;::. ;~'. .~.~::.
.. ."
l3^\f~~
'UN3::!3l '
,
------+ :
v= a3m^D~d
v= l\flDl
2= 'j5006/1 3SnOH]~\f ~
2= '"Oa/l ~ 2 SlN3Wl~l;;Idl;;l
SlN3W3~In03~ ~NI~~\fd
".8 6 -?SO 1~3s:wnN 3lLl
""
'..:!'S L86'T
""
SlN3Wl~l;;Idl;;l 2
"" 4+111I
3SnDH]~\f~ 2~N2~
"" a3SDdD~d mrvoa
""
""
"" ""
""
"" "" "" ""
"" 'J'S 08(!>
"" ""
-::t:
:LOl:.l:1.alN
~d61"1/~~ '31IJU
SI\f3ddl;;l jO a~l;;Ios: 3~JnlN\fN
. ~ ~ la3^O~ddl;;l
~1
!
t
f
~ 1
it
.1
:
.
,
.,
i
.*
~ ;
i
,
!
i
,
I
!
!
i
i
.. ....~-.,~...~..- .'"'_. .,...-;.--............".""'..'-r
. . ..-----..._-~;--~._......:_---...:_""'~........-.
- .'
;~~K 0564,:.u 179
.',
MASSACHUSETTS QUITCLAIM DEED
. .
;. i
We, Nancy Perry fka. Nancy P.Haynes and Joseph A. Armstrong, 26 Bartlett
Road, Nantucket, -MA 02554, for consideration paid in the amount of One'
Hundred Twenty-Five Thousand and No/100 ($125,000.00) Dollars
GRANT to
Demosthenes A. Marken and Pamela J. Marken, of 7 Bailey Road, Nantucket,
MA 02554 as joint tenants \/ith right of survivorship
with QUITCLAIM COVENANTS, the parcel of vacant land situated in the Town
and County of Nantucket, Commonwealth of Massachusetts, known and
numbered as 5 Perry Lane, bounded and described as follows:
/'
. EASTERLY
NORTHERLY
b~ Perry lane, sixty and no/100 (60.00') feet;
by lot 8 on plan hereinafter mentioned, one
. hundred sixty-six and 60/100 (166.60') feet;
WESTERLY
by land now or formerly of Campbell, sixty and
nolOO (60.00') feet; and
SOUTHERLY
by lot 6 on said plan, one hundred sixty-six
and 79/100 (166.79') feel.
Said land is shown as lot 7 on Plan of land in Nantucket, Massachusetts
by Michael S. Bachman, RlS dated July 11, 1983 recorded with the Nantucket
County Registry of Deeds at Plan Book 22, Page 77.
For titre, see Deed recorded at Book 180, Page 350, being a portion of
the premises described therein.
Subject to Deed Restrictions attached hereto. The Grantors hereby
release Restriction No.5 as it pertains to lot 7 only, to the extent that it would
prevent or prohibit the Grantees from constructing a warehouse/storage facility
with two (2) apartments, provided said uses shall be within one (1) structure.
Subject to provisions set forth in a Deed recorded at Book 180, Page 350.
.~. .-.---....--.-.--- ------_.~.. _.~------ --.---..-..-----.-
,
1
i
,
1
l
.j
.!
l
. ~
,i
I
l
';
i!
F
!
!!
lJ
E
H
II
j
i
J
"
II
I.
i;
~ ~
"
"
il
il
!
I
I
,
I
I
.1
11
"
II
:,
'I
"
I
Ii
il
I
'"
_, r'''.'','
......-':~~--- .__.~--- --........'~..-.....;..........- ------ --"'-'- --.-.
...------.-----~-------------- -".
800K0564?AGt 180
r . ~
Nantucket, ss.
COMMONWEALTH OF MASSACHUSETTS
February Iff. 1998
Then personally appeared the above-named Nancy Perry and Joseph A.
Armstrong and acknowledged the foregoing instrument to be their free act and
deed, before me, '
\
\"-~:::'~\i"": .: ,...~r;i;,~^n~-
. I ('r'. 1- 11"
XI',";' :d,'.s~!o.,?
.Il", ,.,.'
\. . ..-.,--,----
n::.. .:.~ It. I' !....... ._
\.'.~Se1 .~I ~-'!ria-
i:'~,.:.:.'l:'_. ,~~~jJ
J
i
I
{
i
:I
;\
. ,
'.1
\
/'
",'. .~........j..~.....
",1 ",
,"r. .
Julis'k'F.it:gerald 'c'.'
NOTARYPli8UC' 0.:
t.l1 C4m~[5Sio~ ~i~ J\l~ e. 2001,:.:
:>~: (,
. ': ,', "l ,. \\(,.,
DCED:> !lCe It.
IIAIITUCI(tT
02l20n8
~~Q
rAX 570.00
C"::.II. 570.00
W17A91G 11:43
EXCISe: lAX
~_...~~~~~:;....-;:c.:.'-~-"-:-"~-:=--';~:,;:..-:~.::::::~.:-~;:.."~~~~:.:--~:::::-..--..
"
'"
1..-
j.
....,
{~1
...;..~.~.
".
~.':
.~
BOOK0564PACE 181
RESTRICTIONS FOR PERRY LANE
2.
'J.
No lot shall be subdivi.ded or sold except in its entirety.
All services to any building shall be und~ryround. ,
No $tructure or building of any kind shall be ,constructed on ~ny lot l.mtil pl;:ons,
specifications, site location, and final I!ll!vations arc submlth:c and approved in
wriling by the C....ntors ,such approval shall not be unreasonably Vlithhdc.
I~o animals other than commonly ilccepfed pets sh~1I be kept on any let.
No bui;ding shall be designed for Use by more than one fam:iy .ndno par: of Ihe
lane and :'"ilding shall be used in, connection with or ca~rying on of any relail
trace or business or service of any kind v;~.atsl)e'ler wi~l;out written COnsent of
the Grantors. '. ' ,
No combustible fuels shall be stored abOve ground except tho.e normally stored
~nd 'Jsed in the Interior of permanent bUild,ings. '
1;0 sisns of any kind shall be displayed except one giving the OCcupant's name
;u,d said sign shall be of the quarterboard-type, which shall be placed on the
building or dwelling only. , J .
No lot shall have more than two buildings on it.
t;Q unregistered motor vehicle or remaIns of sar::e maybe lef: ex~osed en any ,let
fer more th~n 30 days. after which the, Crantor$ have Ihe ri;h, ~o hav.:: Ihe
v~hicle removed at ,the Grantee's expenSe. ,. , '
Noth!n(l' s!1all be done and no conditions shzll be allowed ,,0 'continue 'which 'may
be or ::"eCOrr.e ;I' nuisance . All vac~nt lots shall be kept free of accumulations of
l:o"l.:sh. 1-2Sh. or other materials which may constitute a nre I':a:ar,d or ,a b:'oed-
i,,~ p'ace for rats. roaches. or snakes, 'and after 30 days nolice to the Owner.
t1'~ C-ar1tors reserve the right o( entry (or tho ",urpose of clearing !Jw:JY ;:onl'
sl.:ch ~ccumulation. !Jssessing the co.51 :her~o( against Ih~ owner.
,\'j :'uiidin9S or dwellin!;s on cllo:h lot shall h~ve a In:nimurr. sQtlla~k {(,-cniyoll d)
,~ t"~r\ty (~Oi fecI.
The actual cost of upkeep of said road (Perry lan~l. including the ccst of S:lOW
'cl"oval and roadside planting and maintenance. .hall be distributed cn the oa~i,s
o~ act:Jal 'cost. and shall be borne by ..II Owners o~ lots 0:' I'erry L~n.. as per
'" ag-H'Tle~, of a m:Jjority or said Owners.
Tn~H c:)Ven~nts and restrictions are to r:Jn w.l.h the land and ~"all t>e bil\dil\q'
/:., al: ;:;arties and ;:lersons claiming under lhem (or thr.t). !3t; ':~'C3"S. Thl:S(:'
r~str:~tions may. b<lfore t~e expiration of Ihirty OC) yeus. be ~"'len;jed ilS .
C";V'dtC u)" law (or Successive periods of not mcre than twent)' i ;11) 'ict,'s'i:;y
t:.c o....n~rs 0' reco.d lit ,the time of thereCOrCi:1\l' cf Ihe eKte:1Sl0n )~ a mlljor;t).
01 t.,.. lo:$. The Crantors reserve I~.e right :" \Vaive. a!ter. c.-ramC:1d tl'.ese
:'c~iri:t.o:".s i~ Sl.::'sequent instruments.
I"'\"~!idatioro of any ol1e of these covenants or ,restri::ticns by ud;l'\cnt or tour;
~rccr ,:II' elhcrwi~e. shall in no way effect or ,,,val;dale any of ,:he Q:her ;)rovi-
s..",s. ....hich shall remain in full force ar.o eflect.
11-,e C.oln:on reserve the riShl to repurchliu sa.d lot, or l;:ts. .! a ..:w~in9 ;'015
1'<:\ beero cc/:1struct..c 01'\ said lot or Iou ",ithln S'); (61 yur~. Till! ,'.: l'al'lltW i
"'l.::'~. !'oowl!ver. m~at any bena fide offeranc terms nl;/~e br ~"~'~'IH' .in w'itiny
W~C" Ilrnenlec 10 tr.1! C""ntc.rs, WhO then wi:1 r.a~'e thin~' (30) Ob) \ .IN," \h~
'~Jte cf receivong the o(fur 10 cxcrclsctne optio., .....d \0 olgrcol torep.." eh"$"
~olld 101 or loa, II the parlies a're unable to agree. . ..rbitratQr st-~il b.,
ar.".,,,.ter. te d...ltrmin~ an equit.blc price.
a..~
5.1
6.
,
'.
e.
~.
J''j.
'..
.,
. ~.
1 ~ "
/'
FEB 2 0 1998
NANTUCKET COUNTY '
REC'Q ENTEAEO
. if: 'If' A-m
Mr.roRA M CHADWICK
ATTEST ReGI5rER
.,t. .
;.~
,En" of
Instrument'
.. ,":
.'.
'.', .'.
. ..:....~-:.'.;~.::::~::...~.........._.,."-.....__ ":'...... I
--:-
::-
~ :-
~
:=::
I
J
i
i
i
_I
L~, '
1
i
I
, i
r
t
f.,
t
t
t
r
t
"
~.
I
I
r
I
, \
\
I
I
[
I
I'
I,'
t,
r
t
I
I
~.
\'
t
f.
I
I
-f.'
, I,
I f
\
t
t,
t
\'
I
1
i
r
\ ~
[\ I .
i ,I
y~r \, ,
-"","", , '
,< \
b,;,
it
~ l
t -
~ ,~.
r ~'
~
~..
..
" '
~,...~
CIJ~"1
,: :;-; ::l;':'~~~\
:' >:"'9.},""
. ... iC' ~ cl
-:.. ~.~ ~ ~ ;
~'
'--.....:i.~ .
rWiP .
Ul;- ~
90~.. ;1
~ ~; ~,
[D'!
l) ,
l ~ ~
si3
t~ ~,
,. -, '
~~
:J
~
~
III ~'-
~
1A
;:
~
~
III
~
~
!~."
, ~~?ll
a ~Ij z
~ ~ c::>
, n'" .,:::
~ ~!' .~~
;~ ~\ ~,~
~l ,~ f: :::t. ~
i~~~
1..~.
'. .
"
'-
t~~ ~ ~
~~\l i ~
o ~,~ ~ t ~ ~
~ !~~~ ~~
~' \' ~~, l ~ ~
~~..; ~~
l~~1 ~~
~~~~-~i
~~ i ~
~ ~t
~~ l'-
I i~H
z
o
N .l
8
@
~. ~
t'! ~ ~
~
"
..
~
lli
\Jl
!\I.
I
t\)
o
I
. ..~J
...'''',_~:;:_:{'~ --:-,~,'o:~: ,
.._._~---.;.". '~ ,"', "
~'S .. S'-H. Ie; . .". .
#- .l07
'/'l."
3."1,$&'.J.1. ~
~
t
~.~ . "g, '(; . '"
~ .lIT!
1.~'':7~1
.. .CN,.$&'.J.L ~
~ ~
~
~ L, '"
'Iii'
~~
"" . ~
~ ~
8 .
~
~
~'S . ~/OfCV . .,
, fI .l07 '
~J. '!J~I
".Of ,'ST .J.I. ~
;,/'~ .700'0/ . Y
J. ./.07
O'!J'"' ,
" 0/ .W.I./. $'
~'t: ../~"' Y
g./.07
~
~
~ ~' .
......
~'''1.
ST.()(.6F.1./. r
~ '
i
1].....
J#~ .IiISH"U' Y
~ ./.eJ7
..'
,
li.~
, ,,,.
,~ l
'I
~
'~ ~
Ii
~
, t
h
8"
..,'~
~~
8
i
,..
... ~~ 'i
~hl ~
II li'
~i ~ ~ '
':',.
II
I
i
!
a
Q
,~
,.
l
.
, .1
,<
- :"~' -+. ' :'-;; .'" ..~
-w"?"..1"' ..... "y.:.--: ", ~-
....... ..~...c '.'-:-~. ~2S...fu;:lL~._~'.
-1
....
t
t
{
J
'il
)i
~l
r
i\
ji
'Ii
f
t
\
"
..
1
i
I
,
r
j
~
1
f
i
,
t
1
I
\
I
J'
.\
,I
I
1
, J
... ~.x.-..\
oA Form
~yY
NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554
RECEIVED
BOARD OF ASSE$S~1:is
JUN 2 0 2002
TOWN OF
NANTUCKET, MA
ASSESSOR'S LIST OF PARTIES IN INTEREST
PROPERTY OWNER: ~ mA~V\
APPLICANT FOR RELIEF (SAME? ~) :
S ~~ \ (<<<)2
~~ -~\cz.s
ADDRESS OF PROPERTY:
*
ASSESSOR'S MAP - PARCEL:
*
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, ~ll and Zoning Code
Chapter 139, ~139-29D(2)]. ~~.. . IJ.
fl./J'I.f~ ~I, tJ~ f/~ - 4i~
te 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 p~~~s+!~ abutter.
SUbmitted~a ghan and Dale, P. C.
Date: 2z:> _1:>'2- 1<>-
Client: r n~\~V\
jah/FORMS/boil
Cl
~
"j ~
tI.l
"n
..:I
E-t
Ii:1
tI.l ~
1-1 U
P
JJE-t
~~
~
s::
o
'rl
+>
nl
u
o
H
[il [il [il [il z
t:: t:: z Z H
rot rot 0 0 .c
H H E-< E-< H
~ ~ ~ ~ ~
III III ~ ~ t;
Ltl N
("') C"") N "=It "Ifl
[il ~ [il [il [il [il [il
Q E-<
E-< E-< E-< t:: E-< E-< Z Z Z
~ ~ ~ ~ ~ ~ ~ ~ H H
~ ~ ~ ~ ~ ~ ~ ~ ~ ~
III = III III III III ~ rot rot
~ I ~ ~
H 0\ t"- 0 CO \D N
C"") M N N M N N H M ~
[il ~ Z z 3 3 3 3 3 3
z 3 3 z z z ~ Q H : .c .c .c .c .c .c
H H H H rot .c .c ~ H H H H H H
~ ~ H H H H = = = = = =
~ ~ ~ ~ ~ ~ ~ ~ = = ~ t ~ ~ ~ t
~ ~ ~ ~ ~ ~ III ~ e e u t; u u u t;
H 0 "Ifl "Ifl 0 N ~ \D co 0\
0\ M H co \D "Ifl N N \D co M H H M M H co
Q [il [il [il
~ E-<
Z E-< E-<
Z 0 E-< rot
o E-< rot H
E-< rot H E-<
rot H E-< ~
~ ~ ~ III
~ .c III
M
[il [il [il [il [il [il [il [il [il [il
>< >< >< >< >< >< ><
rot rot rot rot rot rot rot
CIl CIl CIl CIl CIl CIl CIl
CIl CIl CIl CIl CIl CIl CIl
rot rot rot rot rot rot rot
Q)
tJ1
ro
p.
>< >< ><
rot rot rot
CIl CIl CIl
CIl CIl CIl
. rot rot rot
N co \D M M ~ 0\ M M ~
M N N ~ t"- 0\ M M M H N N N
Ltl
....
oqo
N
I
oqo oqo oqo oqo oqo = moo oqo oqo oqo ~ ~ .... ~ ~ ~ N N N N ~ ~ ~ ~ ~ ~ N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ .... oqo ~ ~ ~ ~
~ ~ ~ ~ co 0\ \D ~ ~ ~ ~ ~ \D ~ 0 co ~ ~ \D \D \D \D co ~ ~ ~ ~ ~ N ~ ~ ~ ~ ~ ~ ~ ~ t"- co 0 co ~ ~ \D \D
~ ~ ~ ~ ~ ~ ~ N 0\ 0\ ~ ~ ~ ~ ~ co ~ ~ ~ 0 0 0 0 ~ ~ m m ~ ~ N ~ ~ ~ ~ m m ~ m N ~ "Ifl m ~ ~ m "Ifl
~ N N N N NOH H H N N N N N H N N N t"- ~ t"- t"- N N N N N N ~ N N N N N N N NON ~ N N N N M
~ 0 0 0 0 0 MOO 0 0 0 0 0 0 0 0 coo 0 0 0 0 0 0 0 0 0 MOO 0 0 0 0 0 0 0\ 0 0 0 0 0 0 M
....
CIl
U
I-<
ell
~
E-<
CIl
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
I-J I-J I-J I-J
Z Z Z Z
E-< E-< E-< E-< E-<
rot rot rot rot rot
10<: 10<: Iool 10<: Iool
g~~~~~
m
m
CIl
I-<
'tl
'tl
.c
[il
~ <"l
\D ~ m Z 0
N Ltl ~ 0 ....
m .... .... E-< N
rot
>< >< >< H ><
o 0 0 ~ 0
III III III ~ III
000 0
~ ~ ~ oqo ~
CIl
E-<
=
U
=
tl tl
o 0
z ~ ~
g t; ~ ~
~ ~ ; ;
~ g Z Z
[il
=
u
~
!il E-< ~ It:
U CIl Q Q
~ Iool ~ ~
~ 8 S S
t:l ~ ra ~
" '" r..
z z
o 0
= 0 H H
= Ltl
C"") N N N
N M C"") ('I")
to:! to:!
t t
H H
~ :s :s
H .c .c
r..
~ ~ ~
~ ~ ~
III III III
000
..... ..... .....
U U U
rot
H
rot
5!
.c
t;
:i! :i! ~
E-< E-<
rot rot <II
III III rot
1;: tl tl rot
~ rot rot ~
rot III III ~
Iool :i! :i! ~
=!i CIl
~ ~ ~ H
gj gj l:i
~ 8 8 ~
E-< E-< E-<
rot rot rot
Iool Iool Iool
U U U
t:l t:l t:l
~ ~ ~
III
:s
~
~ [il
0( E-<
E-<
= Z rot
Ltl rot H
H E-<
g ~ ~
U
o \D
~ N N
....
E-<
rot E-<
CIl rot
Z Iool
o U Z
U t:l ~
~ ~ I
....
~
<"l
=
~
rot
CIl
o
I-J
<II
~
Iool t;
~ ~
U
U
H Z
ra :i!
III E-<
~ CIl
~ ~
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
Q Q Q Q
E-< E-< E-< H H H H E-< E-< E-< E-< E-< E-<
rot rot rot rot rot rot rot rot rot rot rot rot rot
Iool Iool Iool H H H H Iool Iool Iool Iool Iool Iool
U U U r.. r.. r.. r.. u u u u u U
t:l t:l t:l Z Z Z Z t:l t:l t:l ~ ~ t:l
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Z Z ~
CIl
rot
E-< E-< E-< E-< E-< E-< E-< E-< [il E-< ~
rot rot rot rot rot rot rot rot ~ rot E-<
o Iool Iool Iool Iool Iool Iool Iool Iool > Iool U
:i! U U U U U U U U U Z
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ i
E-< E-< E-< E-<
U,l CIl U,l U,l
t t t t
000 0
~ ~ ~ ~
r.. r.. r.. r..
rot rot rot rot
o
\D .....
N U
\D \D \D \D
N N N N
.... .... .... ....
.... .... .... ....
E-<
U,l
lil
E-<
~
rot
E-<
U,l
rot
=
U
<II <II
= =
tl tl
rot rot
III III
:i! :i!
~ ~
rot rot
~ ~
~ ~
M N ~ m \D H N M "Ifl ~
rot
~
~
\D ~ ~
m ~ ~
= = Z
N = ~ rot
>< tl >< S
g g g [;1
U
o m 0
~ .... ~
\D
....
rot
~
rot
rot rot 5! ~ ~
~ ~ ~ ~ ~ ~ :i! ~ ~
Z ~ .c Z Z ~ ~ rot Q 8
H H 0 0 0 rot r.. ~
o = = E-< E-< ~ H H .c
U E-< t rot rot E-< 0 >< H
~ ~ t; ~ ~ ~ ~ ~ ~ >
H Z ~ ~ ~ III Q ~ ~
N ~ ~ ~ 0\ \D co 0
N M M N C"") M co co m N ~ t"- N
E-<
U,l
lil
E-<
~
:i!
rot
~
10<:
o
o
U
<II <II
= =
tl tl
rot rot
III III
:i! :i!
~ ~
rot rot
~ ~
rot rot
~ ~
~
;2 :s
o
~ Q
~ rot 8
o ~
I-J ~ ti
<II 8 ~
rot U
~ : ~
o
~ Z <II
U E gj
Z E-< E-<
U,l rot
~
III
:s
~ rot
~
Z
H
.c .c
H H
~ ~
E-<
E-<
o
U
U,l
H
III
~ :i!
~ ~
H Z
rot
<II rot
~ :s
I-J <II
~
~
rot
U
o
~
Z
o
U,l
~
rot
~
~
rot
~
Iool H
10<:
~ U,l rot ~
rot Z
r.. CIl H Z
i ~ ~ ~ g
rot 0 E-<
I-J Q ~ ;2 ~
~ ~ ~ .c [;1
H ill Q rot ~
rot 0 rot Q 0
H Q :s 0 U
~
o =
I-J ~
rot
<II U,l
o
rot I-J
~ <II
~ ~
E-< ~
~ U,l U
~ ~ ~
o rot
I-J U
H Z
~ ~ :i!
rot III E-<
~ ~ CIl
~ ~ ;S
U U :j!
H H
rot rot
~ ~
~ ~
rot rot
E-< E-<
U,l U,l
<II <II
E-<
U,l
lil
E-<
~
E-<
:i!
rot
~
~
=
U,l
~
rot
U
H
E-<
rot
rot
E-<
CIl
lil
E-<
~
rot E-<
~ ~ ~
~ E-<
I-J ~ ~
rot
gj 5 ~
H .c U
to:! rot :::i
~ ~ 5!
H
H
H
10<:
U III
H
~ ~
rot rot
Q E-<
rot rot
~ ~
r..
Q
~ H
~ ti
=
o U
.....0
U H
~ ~ ~ ~ ~ ~ ~
E-< E-< E-<
rot Il/l rot
10<: Iool Iool
~ ~ ~
E-< =
rot E-<
U,l ~
~ ~
U
U,l rot
~ ~
~
Z
m
I
I-<
CIl
~
o
I
o
U
:s
~
<II
CIl
~
Z
H
H ~
~ U
~ ~
~ ~
I-J <II
:s ~
S ~ ~ :
~ g ~ 5
Q I-J
E-< ~ gj ~
~ ~ E i
rot
U
:::i
~
rot
E-<
~ ~
E-< ~ N Z ~
~ E-< U,l ~ H ~
<"l rot rot ~ <"l
<"l H ~ N 1;: ....
~ ~ ::: ~ gj ~
III III III ~ III
o 0 .... 0
~ ~ .... ~
.c .c .c .c
g: ~~~~
rot HHHH
U,l rot Z Z Z Z rot
g ~ Iool :i! :i! :i! :i! ~
<II ~ ~ ~ ~ ~ ~ ~
~~ ~~ ~
t; III I-J
~ ~ tl ~ 1;: <II I-J
E-< ... rot U Z I-J
gju~~rot =
g ~ : : ~ ~ ~ ~ Z
~ I ; ! ~ i @ ; ~ ~
H
~
Q
t
H
o
~
E-<
~ CIl
=
~ ~
t:l
>< III
o H
III H
Iool
o
~ ~
Z
o
5! ~
o rot
~ ~ H
fj ~ ~
>< >< U,l >< U
o 0 CIl 0
III III rot III \D
~
o 0 .... 0 0
~ ~ N ~ ~
m
I
I-<
!
t:l
.... N
Ltl
.... N
~ ....
N ....
f-<
U,l
lil
E-<
rot
i
g
Z
H
Il<I
Z
H
It:
rot
=
~
:l:
rot
Z
H
E-<
U,l
H
~
.c =
Q U
~ :
U
U,l
~
E-<
rot
Z
H
~
rot
=
:s ~ = ~ ~
;:! ~ ~ <II H U
~ ~ ~ ~ ~ ~ ~
rot = I-J ~ rot ~
H f-< '" rot III
.c H r.. It: U 0
:s 8 0 rot ~
Z CIl ... ~ H rot
r:l ~ g 0 ~ ~ ~
g g ~ g ~ ~ ~
<II
<II
:;:
0-
f'
ex
lr
~ NOM N N N N N N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 M ~ ~ m N N M ~ ~ ~ ~ ~ 0 1""'1 N
o co C7'\ 0\ 0\ r-I r-i ri ri r-t r-I 1"""1 r-t r-t N ("II N N N f'1 10 10 10 1.1') 10 10 \D \D t"- t"" r-- 10 0 0 0 0 0 0 0 M rl '"""
~ 1""'1 ..... M r-I qt 1"""1 N fY') C"l 1"""1 M r-I r-i r-I r-I r-I r-I .qt "Ct' .qt .qt qt .qt qt qt ...,. .qt ...,. qt .qt qt qt ...,. ..qt III \D \D \D \0 \D \0 \D \D \0 \0
III
"
c
c
('
----
~ ('
~ \0 \D \D \D \D ~ r-- t"- t"- t"- r-- r-- r-- r-- r-- t"- t"- t"- r-- t"- r-- r-- r-- r-- r-- t"- r-- r-- t"- t"- t"- t"" r-- t"- t"- r-- r-- r-- r-- r-- r-- r-- t"" t"" r-- '
::e: \D \D \D \0 \0 \D \0 \0 \0 \0 \0 \0 \0 \0 \D \D \D \D \D \D \D \D \D \D \D \D \D \D \D \D \D \D \D \D \D \D \D \D \D \D \D \D \D \D \D I..C
VAUGHAN, DALE AND HUNTER
\
PROFESSIONAL CORPORATION
EDWARD FOLEY VAUGHAN
KEVIN F. DALE
WILLLL"l F. HUNTER
ATTORNEYS AT LAW
WHALER'S LANE
P.O. Box 659
NANTUCKET, MASSACHUSETTS 02554
AusON SWEET ZIEFF
TEL: (508) 228-4455
FAX: (508) 228-3070
July 9,2002
Linda Williams
Assistant Administrator
Nantucket Zoning Board of Appeals
Chestnut Street
Nantucket, MA 02554
Re: Special Permit/Site Plan Modification
Marken, 5 Perry Lane
Nantucket. Massachusetts
Dear Linda:
Enclosed herewith please find an application for zoning relief with supporting
documentation attached. Please note that three duplicate counterparts accompany the
original application. Please note that I have also enclosed the filing fee required by the
Town of Nantucket in the amount of$200.00 as well as a Certified Abutters' List and
two sets of mailing labels. I will hand deliver the proposed site plan, with modifications,
to you tomorrow, July 10, 2002.
Please mark this matter for hearing by the Nantucket Zoning Board of Appeals at
its August, 2002 meeting,
Thank you for your help in these matters. Please feel free to call me should you
have questions.
/trm
Enclosures
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
37 WASHINGTON STREET
NANTUCKET, MASSACHUSETTS 02554
Date:
September d<(J, 2000
TO: Parties in Interest and Others concerned with the
Decision of the BOARD OF APPEALS in the Application of
the following:
APPLICATION NO.:
052-98
OWNER/APPLICANT:
DEMOSTHENES MARKEN AND PAMELA MARKEN
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.
(MQ~
Chairman
cc: Town Clerk
Planning Boa'rd
Building Department
Zoning Board of Appeals
37 Washington Street
Nantucket, Massachusetts 02554
Phone 508-228-7215
Fax 508-228-7205
Assessor's Map 67
Parcel 112.3
Residential Commercial-2
5 Perry Lane
Plan Book 22, Page 77, Lot 7
Deed Book 564, Page 179
At a hearing of the Nantucket Zoning Board of Appeals, on Friday, September 8,2000 at
1:00 P.M., in the Conference Room, in the Town Annex Building,.37 Washington Street,
Nantucket, Massachusetts, the Board made the following Decision on the Application of .
DEMOSTHENES MARKEN AND PAMELA MARKEN, Owners, 7 Bailey Road, Nantucket,
MA 02554, Board of Appeals File No. 052-98;
1. Applicants sought and received a SPECIAL PERMIT under Nantucket Zoning
By-Law Section 139-9B (2) (b) (storage and warehousing) from the Nantucket Zoning Board of
Appeals at the public hearing held on Friday, August 14, 1998 continued from the public hearing
convened on Friday, June 12, 1998. The SPECIAL PERMIT allowed the use of a proposed,
mixed-use, 1906:1: square foot building on a 10,002 square foot lot, for storage and warehousing
of food related items, with an ancillary office space and two (2) dwelling units on the second
floor. The SPECIAL PERMIT was contingent on a number of conditions with respect to, among
other things, lighting, vegetated buffer, hours of operation and backing trucks into Perry Lane.
The SPECIAL PERMIT further waived the requirement of a loading zone under Nantucket
Zoning By-law section 139-20C.
2. On May 16, 2000, the Applicants completed a Nantucket Building Permit
application for the construction allowed under the here and above-described SPECIAL PERMIT.
On June 6, 2000, the applicant received a letter from John H. Dunn, Building Commissioner for
the Town of Nantucket stating that, "... your application for a permit to build a mixed use
building with two dwelling units on the second floor, located at 5 Perry Lane (67-112.3) has been
reviewed pursuant to Section 139 of the Code of Nantucket and is for the following reason
denied. Your Lot is subject to Section 139-124C of the Code of Nantucket, the interim growth
rate provision of the Zoning By-Law also known as the Building Cap." Consequently,
Commissioner Dunn stated in his letter that the Applicants Building Permit application was
being placed in the "Ready but Denied" category pursuant to the Building Commissioners policy
and listed the applicant a "Cap List" "Date" of January, 2000. Accordingly, the two (2) dwelling
units, as well as the balance of the building, cannot be constructed until January, 2000, at the
earliest even though the aforementioned SPECIAL PERMIT approved the commercial use of the
building.
3. Nantucket Zoning By-Law Section 138-301. Expiratio'n of Special Permits, states that,
"- .. Special Permits shall expire after two years from the date of issuance if a substantial use
thereof has not commenced, except for good cause. . . ". The Applicants' SPECIAL PERMIT was
signed by the Nantucket Zoning Board of Appeals on October 27, 1998; filed with the Nantucket
Town Clerk on October 27, 1998; and survived the statutory appeal period on November 16,
1998. Consequently, on November 16, 2000, this SPECIAL PERMIT will expire unless the
substantial use thereof has commenced pursuant to 139-301, as described herein, Consequently,
the Building Permit will issue two (2) months after expiration of the SPECIAL PERMIT.
4. Applicants through their council, stated that construction pursuant to the
SPECIAL PERMIT cannot be commenced, not through any fault of there own, but rather
because of the restrictions of the Nantucket "Building Cap". Therefore, the Applicants requested
that the Zoning Board of Appeals find that a "substantial use" of the SPECIAL PERMIT was
made upon a complete filing with the Nantucket Building Department for a Building Permit and
issuance of a "Cap List" date by the Building Commissioner.
5. Based on the forgoing testimony and evidence, the Board finds that the Applicant
made "substantial use" of his SPECIAL PERMIT within two years from the date of its issuance,
and therefore will not expire: (1) Upon the filing with the Nantuck'et Building Departmencof a
completed Building Permit application by the Applicants, and acceptance of same by the
Building Commissioner, and, (2) Receipt by the Applicant of a letter from the Nantucket
Building Commissioner denying the application pursuant to Nantucket Zoning By-Law Section
139-24C noting that the application is placed in the "ready but denied" category with oa "Cap
List" date certain given to the Applicant. Said letter is attached hereto and marked as Exhibit
"A" .
September Q() , 2000
J1Q)~J (l}lkWJ
Dale W. Warne '
[<" ~ 010---
Edward S ord I
RECEIVED
TOWN CLERK'S OFFICE
NANTUCKET, MA 02554
SEP 2 0 2000
T~~~~~_~ CQ_p_ ,~
CLERK: XLl-Ll~" t;-;:.J
EXHIBiT "A" ;,v..u-4llUILDlNG ANNEX
37 WASHINGTON STREET
NANTUCKET, MASSACHUSETTS 02554
Telephone 508.228-7222
Tele Fax 608-228-7249
John H. Dunn
Building Commi$sioner
\
June 6,2000
Demosthenes Marken
7 Bailey Rd
Nantucket. MA 02554
Dear Mr. Marken,
Your application for a permit to build a mixed use building with two dwelling units
on the second floor, located at 5 Perry Ln (67-112.3) has been reviewed
pursuant to ~ 139 Of the Code of Nantucket and ;s for the following reason denied.
i
Your lot is subject to ~139.24C of the Code of Nantucket, the Interim Growth
Rate provision of the zoning by-law also known as the "building cap". Pursuant to
~139-24C(5)(b) "1/12 of the number of applications for non-exempt building
permits authorized by section 139-24(C)(2}(c} shall be issued in equal amounts
on or about th.~ first day of each month... " . Your application and accompanying
documentation is being placed in the "Ready but Denied" category pursuant to
the Building C:>mmissioner's policy. Your "cap list" date is January, 2000.
The assignment of a "cap month" shall not be construed as a guarantee that the
permit will be Issued in that month, see S139-24C(3)(a).
Please be ad'vised that you may appeal this decision of the Building
Commissioner to the Zoning Board of Appeals pursuant to 9139.31 of the Code
of Nantucket. It you require any additional information please contact my office.
Sincerely,
[;f1 ~
ohn H Dunn
Building Commissioner
ClIp ~.n,1'llS7.112,3Gm.ril.n