HomeMy WebLinkAbout080-02
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: d9-eNm b0L It
, 200 L
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
fo~lowing:
Application No.: oR6 ~O 2-
. ,
'Owner/Applicant: , ,\0VlY-l #)-, uJhrt'/fIetti::urk
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to ttmdh- CY't(W~up 1 Qm'1voc~(f(JI(' ~
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.V~RIANCES 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 APPEALS
1 East Chestnut Street
Nantucket, Massachusetts 02554
10 Amelia Drive
Deed Reference: Book 614, page 315
Residential-Commercial-2
Assessor's Map 67, Parcel 444
Plan File 30-D, Lot 7
DECISION:
. 1. At a public hearing of the Nantucket Zoning Board of Appeals,
, held on Friday, November 15, 2002, at 1:00 P.M., in the Conference Room in the
Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the
Application of 10 AMELIA DRIVE LLC, c/o Melissa Philbrick, PO Box 148,
Nantucket, MA 02554, as contract purchaser of property known as 10 Amelia
Drive, Nantucket, Massachusetts, currently owned by MARKK A. WHITNEY,
TRUSTEE OF TP A NOMINEE TRUST, c/o Ralph Cox, Spaulding & Slye
Colliers, 255 State Street, Boston, MA, BOA File No. 080-02, the Board made the
following Decision:
2. Applicant (10 Amelia Drive LLC) is seeking a MODIFICATION of
the Decision in BOA File No. 044-99, which granted relief waiving the screening
requirement and five required spaces for a new commercial building. The relief
was conditioned upon new application to this Board should the property be sold
or use changed and limitation to no more than three employees on site at any
given time. Applicant now proposes to construct five new parking spaces on the
site, substitute a new site plan, and modify the office use in the structure so that
a portion of the basement could also be utilized as additional office space as well
as storage ancillary to the office uses in the.building. An additional three
parking spaces of the 19 required, with parking originally waived under
Nantucket Zoning By-law Section 139-18, would need to be waived. In addition,
Applicant is asking the Board to delete conditions 7.a. and 7.b., maintaining the
relief granted relevant to screening and the fIDding that no loading zone was
needed for office use. In the alternative, Applicant also proposes a site plan that
would provide all of the required 19 parking spaces on site, but would then need
Special Permit relief under Nantucket Zoning By-law Section 139-18A(3) for an
aisle width reduction from the required 24 feet to allow parallel parking along
the driveway adjacent to the building. The Locus is conforming in all other
dimensional respects under the Zoning By-law.
The Premises is located at 10 AMELIA DRIVE, Assessor's Map 67, Parcel
444, Plan File 30-D, Lot 7. The property is zoned Residential-Commercial-2.
3. Our Decision is based upon the Application and accompanying
materials and representations and testimony received at our public hearing. The
Planning Board recommendation was that the parking waiver be granted rather
than approve the plan showing the reduction in aisle width. No abutters
expressed opposition before or during the public hearing. There were no letters
on file.
4. Applicant, through counsel, represented that in 1999, the Board
granted a Special Permit in the Decision in BOA File No. 044-99 (dated May 28,
1999, and recorded in Book 627, page 256, at the Nantucket Registry of Deeds),
which waived the requirement of screening along the southwesterly lot line due
to a common driveway with the abutting parcel, and five of the then required
parking spaces for the proposed office building. In said Decision the Board also
found that no loading zone would be required for the contemplated business, as
it was restricted to office use. The Board granted the relief on the express
conditions that (a) if the property was to be sold or its use changed, an
Application for reconsideration would be filed; (b) the use of the property was
restricted to no more that three employees on the site at any time; and (c) there
would be no residential use of the building without Board approval.
5. The Applicant now proposes to construct five new parking spaces
on the site in accordance with the parking plan submitted to the Board and
attached hereto as Exhibit A, done by Leo C. Asadorian, of Blackwell &
Associates, dated October 17, 2002, for a total of 16 parking spaces on the lot,
and to modify the uses within the building so that a portion of the basement can
be utilized as office space as well as storage space ancillary to the office uses in
the building. The Applicant's proposed change in use would trigger no more
than 19 parking spaces as calculated pursuant to the requirements of Section 139-
18 and utilize less than 4,000 square feet of gross floor area as commercial space,
in order to ensure that the Major Commercial Development provisions of Section
139-11 are not triggered. The proposed changes to the parking space layout
shown on the plan and to the use of the building reduce the number of parking
spaces that need to be waived from the five parking spaces waived in 1999 to a
waiver of the three additional parking spaces not shown on the proposed plan.
Applicant further represented that the proposed use would be to have a single
tenant occupy the building.
6. Therefore, based upon the foregoing, the Board agreed with the
Planning Board that the reduced aisle width on the alternative parking plan
(which shows the full 19 spaces being provided) would impair the easy
movement of traffic in the parking area, but recognized that it would be
possible, in times of unusually high usage, for additional cars to park along the
curb adjacent to the building on the Locus. The Board also finds that the 16
spaces as shown on the parking plan, attached as Exhibit A, would be adequate
to service the uses proposed for the building. In addition, the Board finds that as
the By-law does not calculate the parking requirements based on the number of
employees when a structure is for office use, the previously imposed limitation
2
on the number of employees utilizing the building was considered
inappropriate, and that the proposed changes would be consistent with the
commercial nature of the surrounding neighborhood, and would be in harmony
with the general purpose and intent of the Zoning By-law. A waiver of the three
parking spaces would also be consistent with the relief granted in the previous
Decision and in harmony with the general purpose and intent of the Zoning By-
law and not contrary to sound traffic consideration, especially as the use would
be limited to one tenant
7. Accordingly, the Board of Appeals voted UNANIMOUSLY to
gr.ant the requested MODIFICATION of the Decision in BOA File No. 044-99 to
substitute the plan attached as Exhibit A as the new site plan, waive three of the
, 19 parking spaces required for the proposed commercial office and storage use
in the basement, first floor and second floor of the existing building by Special
Permit under Nantucket Zoning By-law Section 139-18, and delete conditions
7.a. and 7.b. from the Decision in File No. 044-99. The condition against
residential use, the waiver of the screening requirement necessitated by the
common driveway and the finding that no loading zone is required for the
proposed office use of the Decision in File No. 044-99 would remain in force and
effect Relief is hereby conditioned on the following:
a. There shall be only one tenant on the property without
further relief from this Board; and
b. The parking layout shall be in substantial conformance with
attached Exhibit A.
8. In separate action, by a UNANIMOUS vote, the Board approved
the new site plan, attached hereto as Exhibit A, under Nantucket Zoning By-law
Section 139-23. 12 ~
Dated: December lL 2002 . U <N ~ ~vJ---
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I Z2NIN6 CLASSIFICATION: R - C 2
1 MIN. AREA: . . . . .5.o~~. ~.~: .
MIN. FRONTAGE: . . . . 4.0. ~: . .
FRONT YARD S.B.: . . ,2,0. ~~ . .
REAR &: SIDE S.B.: . . . ~ .F.T. .
GROUND COVER ("): . ?~ . ~ . .
GREENSPACE REQUIRED (20%)
GREENSPACE PROVIDED (30.0% or 4,021 S.F.)
m DENOTES PROPOSED PARKING
_. and DRIVEWA Y ACCESS WA YS
FOR 16 PARKING SPACES
EXISTING:
~~.~~~.~.~.
SEE PLAN
. .... ...
SEE PLAN
...... ..
SEE PLAN
C,(J
14 % ::f:
(PRIVA TE)
~I JS{OV
DRIVE DATE
AMELIA
102.00'
UTlUTY c!c SLOPE EASEMENT ~
( 10' WIDE) ~
LOT 7
\dh C!B
Fnd
II-
12,954 S.F.
't VAN
<='- ACCESSIBLE
(521 CMR 23.4.1)
6. RAMP
67-445
N/F
KAREN MAYO
I
REMOVE PORTTON
OF ISLAND and
BRICK WALK
81
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PRMJ HEDGE
PER 139-19(A)
Plot Plan to Accompany
Board of Appeals Application
in
Nantucket, Massachusetts
SCALE: 1"=20' DATE: OCT. 17, 2002
. TP A NOMINEE TRUST
Owner. . . . . . . . . . . . . . . . . . . . . . . . . . .
MARK A. WHITNEY, Trustee
. . . . . . . . . . . . . . . . . . Lor' 1 . . . .
Deed/Cert.:D? ~~ ~1~ :~ ~1~ Plan: .p~!3~ ~o;-l? . . .
67-444 #10 AMELIA DR.
Tax Map: . . . . .-.. Locus:.............
:>:
"- ORIGINAl. SIGNED AND STAMPED COPIES OF THIS PLAN I.4AY BE
~ PHOTOCOPIED BY THE BOARD OF APPtALS OR THE NANTUCKET
rii COUNlY REGISTRY OF DEEDS FOR RECORDING PURPOSES.
:!b IN CASES OF DISCREPANCIES REGARDING INFORI.4ATlON CONTAINED
o HEREON AND UNAUTHORIZED PHOTOCOPIES OF THIS PLAN. ONLY
(\J ORIGINALLY STAMPED AND ENDORSED COPIES SHAll BE
~ ACKNOWLEDGED BY THE CERTIFYING LAND SURVEYOR.
~ .
::: THIS PLOT PLAN Wf.S PREPARED TO ACCOMPANY AN APPUCATlON
- TO THE NANTUCKET BOARD OF APPtALS AND IS NOT TO BE
~ CONSIDERED A FULL INSTRUMENT SURVEY.
~ THIS PLAN SHOULD NOT BE USED TO ESTABUSH PROPERlY UNES.
~ FENCES. HEDGES OR ANY ANCILlARY STRUC11JRES ON THE PREMISES.
~ THE PROPERlY UNES SHOWN RaY ON CURRENT DEEDS AND PLANS
(. OF RECORD.
..,.
'J, THIS PLOT PLAN IS NOT A CERTIFICATION f.S TO TO THE TITlE OR
'; OWNERSHIP OF THE PROPERlY SHOWN. OWNERS OF ADJOINING PROPERTIES
j ARE SHOWN ACCORDING TO CURRENT TOWN OF NANTUCKET ASSESSOR
;! RECORDS.
-, .
~ li-iIS PLAN I.4AY NOT BE USED FOR ANY OTHER PURPOSE TIWl IlS
';; INTENDED USE NOTED ABOVE. .
U 2002 Blockwell &: Associates Inc.
BLACKWELL &: ASSOCIATES, Inc.
Professional L4nd. SunJeyOf'S
20 Teasdale Circle
Nantucket, Massachusetts 02554
(508) 228-9026 B-6041
FBK.:
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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 15, 2002, IN THE CONFERENCE
ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket,
Massachusetts, on the Application of the following:
MARK A WlllTNEY, TRUSTEE OF TPA NOMINEE TRUST, OWNER, AND FOR 10
AMELIA DRIVE, LLC, CONTRACT PURCHASER
BOARD OF APPEALS FILE NO. 080-02
Applicant (10 Amelia Drive LLC) is seeking a MODIFICATION of the Decision
in BOA File No. 044-99, which granted relief waiving the screening requirement and
five required spaces for a new commercial building. The relief was conditioned upon new
application to this Board should the property be sold or use changed and limitation to no
more than three employees on site at any given time. Applicant now proposes to
construct five new parking spaces on the site, substitute a new site plan, and modify the
office use in the structure so that a portion of the basement could also be utilized as
additional office space as well as storage ancillary to the office uses in the building. An
additional three parking spaces of the 19 required, with parking originally waived under
Nantucket Zoning By-law Section 139-18, would need to be waived. In addition,
Applicant is asking the Board to delete conditions 7.a. and 7.b., maintaining the relief
granted relevant to screening and the finding that no loading zone was needed for office
use. In the alternative, Applicant also proposes a site plan that would provide all of the
required 19 parking spaces on site, but would then need Special Permit relief under
Nantucket Zoning By-law Section 139-18A(3) for an aisle width reduction from the
required 24 feet to allow parallel parking along the driveway adjacent to the building.
The Locus is conforming in all other dimensional respects under the Zoning By-law.
The Premises is located at 10 AMELIA DRIVE, Assessor's Map 67, Parce1444,
Plan File 30-D, Lot 7. The property is zoned Residential-Commerci -2.
U ,/7
N cy 1. Sevrens,
THIS NOTICE IS A V AILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
BoA Form 1-89
NANTUCKET ZONING BOARD OF APJC:tt:)1Ft~10-18-02
TOWN AND COUNTY BUILDING Date
NANTUCKET, MA 02554
Case No. ~ -Dl--.
APPLICATION FOR RELIEF
Owner's name(s):
Mailing address:
Mark A. Whitney, Trustee TPA Nominee Trust
c/o Ralph Cox, Spauldinq & Slve Colliers, 255 State
Street, Boston, MA
Applicant's Name: 10 Amelia Drive LLC,
Mailing Address:~, c/o Melissa D. Philbrick, Philbrick and Averv LLP,
P.O. Box 148, Nantucket, MA 02554
Lot Location:
~QQ&~/ u/thl5'
12-0-2
Map 67, Parcel 444
Street Address:
10 Amelia Drive
Registry Plan:
Plan Book 30-D, Lot 7
Date lot
acquired:
March 17, 1999 (bv TPA Nominee Trust; Applicant is
contract purchaser)
Uses on lot:
Commercial: Yes
MCD? ~
Number of:
Dwellings~Duplex~Apartments~Rental Rooms ~
Building date(s)
Bldg.Permits:
all pre-8/72? NO
#903-99
C of O? 903-00
Case Nos. all BoA applications, lawsuits:
044-99
State fully all zoning relief sought and respective Code sections
and subsections, specifically what you propose compared to present
and what grounds you urge for BoA to make each finding per Section
139-32A ___ if Variance, 139-30A ~ if a Special Permit (aid 13~3A
___ if to alter or extend a nonconforming use). If appeal per 139~lA
& B ___, attach decision or order1 appealed. OK to attach ad~ndurri~.~
w rn
-
See Addendum A attached.
l. .'
c.~~
Items enclosed as part of this Application: order___ addend~-L . .,
Locus map-K-Site plan-K- showing present~ planned ___stuuctur~
Floor plans present___ proposed___ elevations _ ~
Listings lot area-K- frontage-K- setbacks K-- GCR X parking data K-
Assessor-certified addressee list 4 sets-K- mailing labels 2 sets K-
$200 fee payable to Town of Nantucket~ proof3___'cap' covenant___
l(If an appeal, ask Town Clerk to send Bldg Comr's record to BoA.)
I certify that the requested information submitted is substantially
complete and true to the best of my knowledge, under the pains and
penalties of perjury.
10 Amelia Drive LLC, a Delaware limited liability company
SIGNATURE, B~~
Melissa D. P ilbrick, its attorney
3(If not owner or owner's attorney, enclose proof of authority)
Attorney _X_
FOR ~A OFFICE USE
Application copies rec' d: 4~ or___ for BoA on !() / [f:) tJ----'6Y t1/1..{) .'
/U-~-d\ . . L/
One copy filed with Town Clerk on~rJl2/ cf7Lb"y {f/)/f U com~l)te?~
One copy each to Planning Bd and Building DePt!6/~v~y {]L{jLJ
$200 fee check given Town Treasurer on({)/~/~~~~ waived?
Hearing notice posted!J/34;:1L:/~ailedjjJ; L/VI &M JQ2i/~ Ii / ~/ V
Hearing(s) on__/__/__ cont'd to__/__/__, __/__/__ withdrawn?__/__/_
Decision due by__/__/__ made__/__/__ filed TC__/__/__ mailed__/__/_
See related cases
lawsuits
other
~',:J,[lI.l!fl~~'_-'~'
j-i'~~
Addendum A
Application for Relief - 10 Amelia Drive, Nantucket
In 1999, the Board granted a Special Permit No. 044-99 (dated May 28, 1999, and
recorded in Book 627, page 256, at the Nantucket Registry of Deeds) which
waived the requirement of screening along the southwesterly lot line and five of
the then required parking spaces for the proposed office building, and in which
the Board found that no loading zone would be required for the contemplated
business. The Board granted the relief on the express condition that (a) if the
property is to be sold or its use changed, an application for reconsideration
would be filed and (b) the use of the property be restricted to no more that three
employees on the site at any time.
The Applicant proposes to construct five new parking spaces on the site in
accordance with the attached site plan and to modify the uses within the
building so that a portion of the basement can be utilized as office space as well
as storage space ancillary to the office uses in the building. The Applicant's
proposed change in use would trigger no more than 19 parking spaces as
calculated pursuant to the requirements of Section 139-18 and utilize less than
4,000 square feet of gross floor area (in order to ensure that the Major
Commercial Development provisions of Section 139-11 are not triggered). The
proposed changes to the parking space layout shown on the plan and to the use
of the building reduce the number of parking spaces that need to be waived from
the five parking spaces waived in 1999 to a waiver of the three additional
parking spaces not shown on the proposed plan.
Accordingly, the Applicant, as contract purchaser, requests a modification of the
1999 Special Permit, which modification adopts the attached plan as the new site
plan, waives three of the 19 parking spaces required for the proposed
commercial office and storage use in the basement, first floor and second floor of
the existing building, and deletes conditions 7.a. and 7.b. from the 1999 relief.
The 1999 waiver of the screening requirement necessitated by the common
driveway and the 1999 finding that no loading zone is required for the proposed
office use would remain as in the original Special Permit.
As an alternative to the requested three parking space waiver, the Applicant has
submitted a sketch of a parking plan which shows the required 19 parking spaces
by adding parallel parking along the edge of the parking area adjacent to the
existing building. This plan (labeled" Alternative Parking Layout"), if preferred
by the Board, requires that the Special Permit be modified to include a waiver of
the required 24 foot aisle width in lieu of the waiver of the number of parking
spaces.
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ZONING CLASSIFICATION: R - C 2
MIN. AREA: . . . , . ~qqo. ?:F:..
, 40 FT
MIN. FRONTAGE. . . . . . . . . . .
. 20 FT
FRONT YARD S.B.. . . . . . . . . .
REAR & SIDE S.B.: . . . ? ~~ .
GROUND COVER (%): . .59. ~. .
GREENSPACE REQUIRED (20%)
GREENSPACE PROVIDED (31% or 4,025 S.F.)
DENOTES PROPOSED PARKING
and DRIVEWA Y ACCESS WA YS
FOR 16 PARKING SPACES
"
EXISTING:
) 7..9.5.4. ?.,F.
SEE PLAN
. . . . . . . .
SEE PLAN
. . . . . . . .
SEE PLAN
.1,4. ro. *. .
AMELIA
102.00'
UTILITY & SLOPE EASEMENT ~
( 10' WIDE) b
lll.
~ VAN
~ ACCESSIBLE
(521 CMR 23.4.7)
6. RAMP
I
REMOVE PORTION
OF ISLAND and
BRICK WALK
8\
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-LJg.OO
'';jh c/B
Fnd
102.00'
I-
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W
L ORIGINAL SIGNED AND STAMPED COPIES OF THIS PLAN MAY BE
<r PHOTOCOPIED BY THE BOARD OF APPEALS OR THE NANTUCKEf
';S COUNlY REGISTRY OF DEEDS FOR RECORDING PURPOSES.
~ IN CASES OF DISCREPANCIES REGARDING INFORMATION CONTAINED
ro HEREON AND UNAUTHORIZED PHOTOCOPIES OF THIS PLAN, ONLY
D ORIGINALLY STAMPED AND ENDORSEDED COPIES SHALL BE
(\j ACKNOWLEDGED BY THE CERTIFYING LAND SURVEYOR.
D
......
~ THIS PLOT PLAN WAS PREPARED TO ACCOMPANY AN APPLICATION
3 TO THE NANTUCKEf BOARD OF APPEALS AND IS NOT TO BE
CONSIDERED A FULL INSTRUMENT SURVEY.
g'THIS PLAN SHOULD NOT BE USED TO ESTABLISH PROPERlY LINES,
-q FENCES. HEDGES OR AtN ANCILlARY STRUCTURES ON THE PREMISES.
Ji THE PROPERlY LINES SHOWN RELY ON CURRENT DEEDS AND PLANS
~ OF RECORD.
I'-
-q-
J; THIS PLOT PLAN IS NOT A CERTIFICATION AS TO TO THE TITLE OR
53 OWNERSHIP OF THE PROPERlY SHOWN. OWNERS OF ADJOINING PROPERTIES
~ ARE SHOWN ACCORDING TO CURRENT TOWN OF NANTUCKEf ASSESSOR
-;: RECORDS.
,
~ THIS PLAN MAY NOT BE USED FOR ANY OTHER PURPOSE THAN ITS
c;- INTENDED USE NOTED ABOVE.
U @Blackwell & Associates Inc.
/~/I"/()l--
DRIVE
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Fnd
If-
67\445
N/F
KAREN MAYO
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DECK
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Plot Plan to Accompany
Board of Appeals Application
in
Nantucket, Massachusetts
SCALE: 1 "= 20' DATE: OCT. 16, 2002
. TPA NOMINEE TRUST
Owner. . . . . . . . , . . . . . . . . . . . . . . . . . .
. . tvi,A.R.K. (\: .vfr)I!~~Y" !~L!s.t~~ . . .
LOT 7
Deed/Cert.:D.d.B~ ~1.4.P9 .31.5 Plan: ,~L.B~ .3Q-P. , .
Tax Map: . Qz-:444 Locus: .#1~. 0~~~I.A. p~:
FBK.:
BLACKWELL &: ASSOCIATES, Inc.
Professional La.nd SUnJeyors
20 Teasdale Circle
Nantucket, Massachusetts 02554
(508) 228-9026 B-6041
~" >ifI!ii,-l_._~rl.__:JlJ-
-~~-,!,:,-----",..-.........:~
ZONING CLASSIFICATION: R - C 2
MIN. AREA: . . . . . t?qqo. ?:F:. .
MIN. FRONTAGE: . . . . ~q .F!. .
. 20 FT
FRONT YARD S.B.. . . . . . . . . .
REAR &: SIDE S.B.: . . . !3. ~1 .
GROUND COVER (%): . .5P. ~. .
GREENSPACE REQUIRED (20%)
GREENSPACE PROVIDED (31% or 4,025 S.F.)
D DENOTES PROPOSED PARKING
and DR/VEWA Y ACCESS WA YS
FOR 16 PARKING SPACES
EXISTING:
) ~,.9.5.4. ?F
SEE PLAN
. . . . . . . .
SEE PLAN
. . . . . . . .
SEE PLAN
.1.4. (0. :1=. .
~'->>.,;,:~,~.1J~...____J
-"'.-_--~40:;~"'"" '>:#'~~
AMELIA
102.00'
UTILITY & SLOPE EASEMENT N
( 10' WIDE) g
"'.
~ VAN
~ ACCESSIBLE
(521 CMR 23.4.7)
6. RAMP
67\443
N\F I
HOMER RAY II
I
REMOVE PORT/ON
OF ISLAND and
BRICK WALK
81
71 8
12.00
''dh C/B
Fnd
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-- ORIGINAL SIGNED AND STAMPED COPIES OF THIS p1J\N MAY BE
~'PHOTOCOPIED BY THE BOARD OF APPEALS OR THE NANTUCKET
;s COUNlY REGISTRY OF DEEDS FOR RECORDING PURPOSES.
~ IN CASES OF DISCREPANCIES REGARDING INFORMATION CONTAINED
CD HEREON AND UNAUTHORIZED PHOTOCOPIES OF THIS P1J\N, ONLY
o ORIGINALLY STAMPED AND ENDORSEDED COPIES SHALL BE
(\1 ACKNOWLEDGED BY THE CERTIFYING LAND SURVEYOR.
CJ
....
~. THIS PLOT PLAN WAS PREPARED TO ACCOMPANY AN APPLICATION
;:; TO THE NANTUCKET BOARD OF APPEALS AND IS NOT TO BE
-~ CONSIDERED A FULL INSTRUMENT SURVEY.
~)THIS p1J\N SHOULD NOT BE USED TO ESTABLISH PROPERlY LINES.
T) FENCES, HEDGES OR ANY ANCILlARY STRUCTURES ON THE PREMISES.
~ THE PROPERlY LINES SHOWN RELY ON CURRENT DEEDS AND PLANS
~ OF RECORD.
1'-
~-
;;; THIS PLOT PLAN IS NOT A CERTIFICATION AS TO TO THE TITLE OR
~ OWNERSHIP OF THE PROPERlY SHOWN. OWNERS OF ADJOINING PROPERTIES
j ARE SHOWN ACCORDING TO CURRENT TOWN OF NANTUCKET ASSESSOR
-;J RECORDS.
'J
~Q THIS PLAN MAY NOT BE USED FOR ANY OTHER PURPOSE THAN ITS
~ INTENDED USE NOTED ABOVE.
u@8lackwell c!c Associates Inc.
DRIVE
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Fnd
It-
10.12' :I:
67\445
N/F'
KAREN idA YO
~
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O.
DECK
I dh C/B
. Fnd
102.00'
-'
Plot Plan to Accompany
Board of Appeals Application
in
Nantucket, Massachusetts
SCALE: 1 "= 20' DATE: OCT. 16. 2002
Owner: . . !~ ~. 1:J9~!~.~E. .TR~?!. . . . . . . .
MARK A:'.WHITNEY. Trustee
. . . . . . . . . . . . . . . . . . 'Lot 7. . . .
DeedjCert.: ~d . 8~ ?1.4 .p~ .31.5 Plan: . ~L .8~ pQ_P. . .
. 67-444 . #10 AMELIA DR.
Tax Map. . . . . . .. Locus..............
FBK.:
BLACKWELL &: ASSOCIATES, Inc.
Professional. Land. Surveyors
20 Teasdale Circle
Nantucket, Massachusetts 02554
(508) 228-9026 B-6041
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
May d-S? ' 19 99
To: Parties in Interest and, Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.:
044-99
Owner/Applicant:
TPA NOMINEE TRUST, MARK WHITNEY, TRUSTEE
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. .
~w\ba~ ,~~
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
37 WASHINGTON STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
Assessor's Map 67
Parcel 444
R-C-2
10 Amelia Drive
Plan File 30-D, Lot 7
Deed Ref. Book 614, Page 315
At a Public Hearing of the Nantucket Zoning Board of Appeals held
at 12:00 P.M., Friday, May 14, 1999, in the Conference Room, Town Annex
Building, 37 Washington Street, Nantucket, Massachusetts, on the
Application of TPA NOMINEE TRUST, MARK WHITNEY, TRUSTEE, of P.O. Box
5035, Boca Raton, Florida 33431-0835, Board of Appeals File No. 044-99,
the Board made the following Decision:
1. Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning
Bylaw ~139-18B(4) (Parking Requirements), ~139-20C (Loading Zone
Requirements) and under ~139-19 (Screening Requirements). Applicant is
seeking a waiver of five (5) of the required 16 parking spaces and the
loading zone and screening requirement, to allow for a common driveway on
the southwesterly boundary of the property in connection with the
construction of a new office building at 10 Amelia Drive, currently a
vacant lot.
The Premises is located at 10 AMELIA DRIVE, Assessor's Map 67,
Parcel 444, Plan File 30-B, Lot 7. The property is zoned
Residential-Commercial-2.
2. The Decision is based upon the Application and the materials
submitted with it and the testimony and evidence presented at the
Hearing. The Planning Board made no recommendation, but did request a
site plan from the Applicant prior to .grant of relief which was timely
supplied. There were no letters on file. One (l) abutter was present at
the Hearing seeking clarification of issues but stated that she was not
opposed to the limited office use.
3. Applicant, through counsel, states that TPA Nominee Trust (the
"Trust") owns the vacant 12,954.:!:. square-foot Lot which is situated in a
commercial SUbdivision. Applicant proposes to construct a 1,772.:!:.
square-foot two-story office building on the Premises. It would have a
ground cover ratio of 14.:!:.% in a district that allows a maximum ground
cover of 50% for lots containing over 5,000 square feet. The structure
would be used as private office space with a maximum of three (3)
employees on site at peak shift. Applicant represents that the nature of
the business would not require or encourage office visits by clients or
potential clients and provision of the required 16 parking spaces would
have a deleterious effect on the scenic integrity of the neighborhood.
Applicant requests that the Board grant a waiver of five (5) of the
spaces, providing eleven (11) on site stating that inasmuch as the
eleven (11) proposed spaces would provide twice as many spaces as
practicallY needed given the limited mature of the Applicant's business.
4. with respect to Applicant's request for relief from the planted
screening requirement of Bylaw 9139-19A, Applicant represents that the
southwesterly boundary of the subject property is parallel to and in the
middle of a required common driveway with abutting Lot 8 to the
southwest. Applicant states that planted screening along that property
line would render impossible the construction of said driveway which is a
required element of the subdivision plan as endorsed by the Nantucket
Planning Board. Applicant would plant the required screening along the
northwesterly front yard lot line, northeasterly side yard lot line and
the southeasterly rear yard lot line as shown on the site plan done by
Milton Rowland and Associates, dated May 5, 1999 and on file at the Board
of Appeals.
5. with respect to Applicant's Application for a waiver of the
off-street loading facilities required by zoning Bylaw 9139-20, the Board
agrees that, given the nature of the Applicant's business, that of office
use, a loading zone would not be required.
6. Therefore, the Board finds that the requested Special Permit
waiving five (5) of the required 16 parking spaces is in harmony with the
general purpose and intent of the zoning Bylaw and would not be contrary
to sound traffic, parking and safety concerns as the proposed parking lot
would adequately service the structure given the needs of the building
with conditions on its use. The Board further finds that, given the
common driveway restriction on. the Locus, the required screening along
the southwesterly side yard lot line would be physically impossible
to provide and that a grant of the Special Permit would be in harmony
with the general purpose and intent of the Zoning Bylaw. As noted above,
Special Permit relief under Zoning Bylaw 9139-20 waiving the loading zone
requirement is not necessary.
7. Accordingly, by a unanimous vote, the Board GRANTS the requested
SPECIAL PERMIT under Nantucket Zoning Bylaw 9139-18B(4), waiving five (5)
parking spaces and under Zoning Bylaw 9139-19, waiving the screening
requirement as it pertains solely to the southwesterly side yard lot
line to allow for the construction of a common driveway with adjacent Lot
8, upon the following conditions:
a. If the Premises is sold, leased or the use is changed, the
Applicant or his successor in title shall reapply to the Nantucket Zoning
Board of Appeals for reconsideration of the use and possible modification
or further relief.
b. The use shall be restricted to a maximum of three (3)
employees on site at peak shift;
c. There shall be no residential use on the Premises without
further relief from this Board.
8. The Board further approves, by a unanimous vote, the Site Plan
under Nantucket Zoning Bylaw 9139-23 done by Milton Rowland and
Associates and dated May 6, 1999 and on file at the Nantucket zoning
Board of Appeals.
(122-98)
~rzJoCQ cJj (( lO1~
Dale . Walne --
dx4:t!L!i-
Dated: May ~, 1999
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Nancy Sevr -
Edward Murphy
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LISJ: Or p.,!i7JES INCLUDIliG IcD:>RESSES*(O? 5);" ATTf.CHSD -):
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RD OF ASSESSORS
OCT 11 2002
TOWN OF
NANTUCKET M
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I certifY that the foregoing (or the attached ---) lists all pereons.
natural or legal. who are ownere of abutting property, O'",ere of laI,d
directly oppoaite on anY public or pri.vate atreet or v:ay. and abutter~
of the ",butters and all other land ow-ners within four hundred 'feet of
the proper~y line of o-..ner's property, as they (and their address)
appear on the most recent applicable taX l:Lat [pursuant to 62.02 (B) (5: .'
of the Board of Health of the Town of Nantucket Pr:Lvate Well
. Regulations]-
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