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Home My WebLink About008-03 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: F-ebf'UOrr /9 ' 200~ To: Parties in Interest and_ Others concerned with the Decision of the BOARD OF APPEALS in the Application of the fol.lowing: owner/Applicant: ~curda- ()Q <;?-' -0 S be Y'Y\ 0 ~ ~ () Ll\e~ 010rbLn dV\o V' rO n 0Y1& 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. ~ni'-~~X "~'J~ o.>>-~ :t. -:er\$/ cbair~an 8 :::0 o~.... -<:: .~ ......- - -.",. - ~.--. .,., m co ;Ti cc: Town Clerk Planning Board Building Commissioner C) ,,'" - \0 \J N PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIMt 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. Zoning Board of Appeals 1 East Chestnut Street Nantucket, Massachusetts 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 hearing ofthe Nantucket Zoning Board of Appeals, on Friday, January 10,2003 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 Lane, Nantucket, MA 02554, Board of Appeals File No. 008-03; 1. Applicants are seeking a MODIFlCA TION of the Decision issued in BOA File No. 060-02, which modified the original Decision in BOA File No. 052-98. Applicants wish to change the siting and width of the curb cut as shown on the new Site Plan, attached to the Decision in File No. 060-02, by moving it closer to the southerly side yard lot line to be behind the loading zone and increasing the width of the curb cut to no more than 24 feet, when a similar curb cut in the proposed location had been approved in the Decision in BOA File No. 052-98 and altered in the new Site Plan. Applicants are also seeking permission to lease the property to one new tenant who would be distributing primarily dry goods. No relief under the Zoning By-law is necessary, but Modification of the Site Plan of record and change in tenant and nature of business would require relief from this Board. 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, as the matter was not of planning concern. There were no letters on file in opposition to the Application. One abutter to the Applicant wrote in favor of the Application and the attorney for another abutter stated that his client did not have any objection to the modification, as it would make the situation safer for the public. 3. Applicants, through counsel, sought to change the siting and width of the previously approved curb cut as shown on a new site plan, done by Edward Burnham of Burnham Engineering, Inc., dated January 9, 2003, a reduced copy of which is attached hereto as Exhibit "A", by moving said curb cut closer to the southerly side yard lot line and therefore in line with the loading zone, and additionally proposed to increase the width of the curb cut to no more than 24 feet as allowed under the Zoning By-law, and was similar to the placement and width approved in the Decision in BOA File No. 052-98. Additionally, Applicants' counsel stated that Applicants were seeking permission to lease the property to one new tenant, Frito Lay Corporation, who would be distributing primarily dry goods. Applicants testified at the hearing that the newly proposed siting for the curb cut, as well as the additional width requested herein would facilitate the moving of his delivery trucks into and off of the Premises more practically and safely. Applicant further stated that he had negotiated a lease for the Premises for the warehousing portion of the Premises with a nationally known distributor of dry goods and understood from previous decisions that the Zoning Board of Appeals was required to bless the new tenant. Applicant stated that the new tenant would not require the use of exterior compressors. However, in the unlikely event exterior compressors were kept or used, they would be sited and enclosed in substantial compliance with the Decision in Board of Appeals File No. 060-02. 4. Based on the forgoing 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 ofthe Nantucket Zoning By-law. The Board also finds that granting permission to lease the property to one (1) new tenant who, would be distributing primarily dry goods, would also be in harmony with the general purpose and intent of the Nantucket Zoning By-law, as well as the previous Decisions in this matter. 5. Accordingly, by a unanimous vote, the Board GRANTS the requested MODIFICATION of the SPECIAL PERMIT relief granted in the Decision in Board of Appeals File No. 060-02, which modified the Decision in BOA File No. 052-98, to the extent necessary to validate the new Site Plan, and allow the removal of the condenser units, should the new tenant not require use of same, without further relief from this Board, subject to the following condition: (a) Applicant may lease that portion ofthe property relating to the warehousing/storage business to one (1) new tenant only who is in a like-kind business as the Applicant and distributing primarily dry goods. 6. The Board, by a unanimous vote, also approved the new Site Plan, attached hereto as Exhibit A, under Nantucket Zoning By-law Section 139-23. February fr, 2003 ~~r~;\~0-- Dale W. Waine :<t. t[ .~ oJ ~ ~ 0 z ClJ u... <I: , CQ N I 10 ~ .\ \1 I z f-- .:::: w ,f'\ w c I <1> <:) E (f) -- I "" <:) 0 w 0' ? --- CL -' L.J '-- -' 4: <( 0 f- ~ ~ UN .-:: 0 0 , ~ (j) ~ ~ :: f-- N :5 ., 0 ~ C ~~ ~ 0 :c. 5- -' -~ C}v 0 <1> (; V> ::; Q:, 2 0 0 <( --' L Q. 2tj 0 <1> S " 0 UJ (j)'" 3: '" <( '" 2 Cr) ou. I (j) (j) a: w In c '" lei W <1> 0 if' .~ , ~ 0 C1 :,; i 0 <( <( 0 :::;;0 ~ 0 u a: :;: ., E Q 0 W .~ <1> ~ ~~ ~ Cl W ~, N~ Z ~ :~ (3 ~m Z ~ :;;~ W " z , ..J :> ~ :> -0( u1 z 0: " '" :::> CD ~46,aH ,8 c o :;:; d > .. W "'0 C W "'0 .. ~ V) >- ~ :;:; ::l .. .... ?; '" .e N g -' :., g;::~"";t-. Uw 0.00-6 r: -' "'u If')....Nll'''Ill') < '" ~ z<( 0 0"- z ;= ...:t Z < << u cri~- .... G: w~viVla::: .. w .. Vi u '" c V> ~~~Q~ c 0 5 .. N zc(V'lU ... u" b~>-.:'dO \ 0 Cll 0"' C .-!L..1- Z C z .. zo::::> :x '5 z"- zzo<o <. d 0< :i:ie:~~ ...~, ~, d 0 N::> n.. ...J (5 .~ --! --' '-.., ~ ,J.. / --""- rf' ';) '.....-1. Q, +' d "" 3NVl AClCl3d ~ -i?i?' .", I :g'" ~ -:::: ~>- z ~Q "- I '" ::>~ .. 0", "' :I: < ~ ... w"- ~< .. ~N t~ "0 ~l'l _" X 0" ~~ .. 0. 0. <.. 6Ul>t..lOd 6UI>t..lOd l' OI:.~I'ZlN ,00'09 w z :J >- g 0 '0 1 NN \" '" '0 , 11 ~ {;. :., 6 0", ~ w 0 GO" 0 Z "-~ ~ 5 '3 -0 0 og '" 5 "- CD "- N_ O ;" (, "3 , -.. 3 -' '" --' 5 < 0 Vi.. ~ w >-w 0 '" zV> 0 w:::> z ::>0 Z z >-:I: ~ " Q:W '" <'" W < a.< '" "- <~ ~ 0 z 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, JANUARY 10, 2003, IN THE CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: DEMOSTHENES AND PAMELA MARKEN BOARD OF APPEALS FILE NO. 008-03 Applicants are seeking a MODIFICATION of the Decision issued in BOA File No. 060-02, which modified the original Decision in BOA File No. 052-98. Applicants wish to change the siting and width of the curb cut as shown on the new Site Plan, attached to the Decision in File No. 060-02, by moving it closer to the southerly side yard lot line to be behind the loading zone and increasing the width of the curb cut to no more than 24 feet, when a similar curb cut in the proposed location had been approved in the Decision in BOA File No. 052-98 and altered in the new Site Plan. Applicants are also seeking permission to lease the property to one new tenant who would be distributing primarily dry goods. No relief under the Zoning By-law is necessary, but Modification of the Site Plan of record and change in tenant and nature of business would require relief from this Board. 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. Ai),! ! Nancy 1. Sevren , ( THIS NOTICE IS A V AILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. ~~~ JOn! :1,-89 fi.. ' .\ ' ,'-' .. ~~OCXE~ ZO~IUG SO~ O~ ~~EAL6 o~te ~OWU ~D.COUU~~ ~U~~~~G murrUOD~, 10\ 021515' CASE NO.~-Q3 ~~~LYO~~YON ~OR RBLYBY '. 'f ,:;~ =~:~: 1~!; f~:~~?!:'J:(~25P1 ," ~t" ......, Cf~ - -- , '. HaU1nrJ l.Cl4~esln ifr; fA ~;m .,-rJChlo dJJlifP1' (}/J./fri)( rq IJOf)~-I; " Lo~t1on ot J.ot; AsaealiiP~I\J ~~p ~mc! pa.~oeJ. nWllbe~ U.. 112-0 'll....t ocldl:U" ,~~Qjftft , ~1a~ Lane!'ct '~J.e.n, nDon ~ fl tJ 0 f>J.e.n ;VUe .a.~ /7) ~t--=z.- ' ~ . ..., 0It. 1.0~ a.oq\1i~ec!; --1--1_ Deec1 ~et [jj /79 zonin;' c1ia~~iot i?,C' 2... . u~u on'lot ..' .co.e~oia.l;' None .:.... o~ SftrrJ.~ t- /;(JaM h::J/AJ~ NCD?A2'. . ~ n~e~ ot; c1wellin;s_ c1uple~_ ~pa.~Q.enta~ ~en 1 roo~s_ 1u1J.elin;'4a.te(a); aJ.l p~e"8/72? )JO o~ , C ot 01_ SUiJ.el1n; Pe~it a.ppl'n. Nos. CUe No>>. a.ll. SoA ~pplioations, lawauits; O~. ~' 'Itate :~J.Y aJ.l ~oning ~eliet sought &n4 ~espeott~e Coc1e .eotions 1M .~..otiona, .p$o1Uoally what you l;)~opo.e 0 mp,~_c! to pref~mt cd what ~q\U\CliJ you =;e to~ BoA ~9 lP~e e..Qh t .nCl..ng p'e~ Seo\oo.on U'-3ZA _ ~~ V~~anoa, 13$-~OA ~t a Spaoial p~t 'lanc1 139"33A it to alt.~ o~ extanc1 .. nonoonlo~ng use). It appe.. p.~ 13~-32A .ra ...: , ..tt&cm I!eoiaion or o~c1e~~, ..ppealec1. O~ ~o a~~..oh ac1c1enc1ullI . . ,... of , (~ a WooCu. tf2 (/' cfJehrdulJ?) ~~ ~~0.e4 ,. pa.~ ot this 'Applioa.tionl o~d8rl ..c1c!enc1u~2____ . _ou. 1A~ s.t. plan showing p~e..nt +pla.nnecl .t~otures . . '~~t: >>1 tP~e.ant_ ps:opo.e~ elevatlOiia ~(HDC "pp~ov.c1?_), Lt.t~g. 0 '~,a nO ~~onta;. ..~a~ G >>a~~tJ c1a.ta.___ ~1"'O~Oct~t~iCr"i~..... 'nit .. ..ta -::ma 1 1&1:>.1. 2 ..ta_ . t'oo :.. >>lil3:>>l. to "own ot Nantuak.t '"'6iOQt oap' oov.nant , ,(:: 'n ",...1, ...~ ':own Ch~~ .to ..nnl!i ComJTI ~.oorc! to loA 7r ~ oa;ti1ti that e re steel into=a.tion su1:lmittec1 15 au1:l5tantblly .oap:, . anel t 'to b8lt ot ='i knowleelge, unc1e~ the pdna ..nd .p.na.t .. ot p. u:\:y :SIGNATUU: ~ . . ~ppl~ca.nt _ Attot'ne'i/ag'en~ s.. n.r'a attorne~, enolo.e proot ot &uthor1t~) / / d h') :::0 = i'71 CJ () 1',,) !il 0 - ~ 'v ... "'''> : Oil :,) :~ 0.J . . . 'OR BoA 0#'#':tC2 USE . ,- .. \. AppUo&t101l ..1>1.. too'd. 4._ ot_ 'ot 10.\ on~r by S!W ) , on~ oo~ :Ue" w:1.th ~own chr~ on~?5};~ g'i ClOlJlPl..t'7~c:ta 6.df . On. oop:t' ...ob ~o ~J...nn1ni 8cl ancl 8~Uc1ini DIJPt.&~~ ~ .' \, ,aoo :11 ob.o~ g1Vln Town Tr.a.ut'e~ o~~~~ w..ivec11___' .KtU1n; notice po~te/1:J~dh~~'1. & ~~~/-L;1d?2f3 ;" ,ll,~tn;(.) 'on-l-l_ oontl,) to-l-l_, -1-1_ w1tnc1nWn?--1--1_' .w. .. tec1l1on clue P'i-l-l_ ~~cSe-l-l_ :U.cl ':0-1..) _ ~dleU -I ~ Sn r.h~,", QUOf . bWiU~t' . O~Gt' . ... ......- ~... - I .;!II ADDENDUM Applicants are seeking a MODIFICATION of the Decision issued in BOA File No. 060- 02, which modified the original Decision in BOA File No. 052-98. Applicants wish to change the siting and width of the curb cut as shown on the new Site Plan, attached to the Decision in File No. 060-02, by moving it closer to the southerly side yard lot line to be behind the loading zone and increasing the width of the curb cut to no more than 24 feet, when a similar curb cut in the proposed location had been approved in the Decision in BOA File No, 052-98 and altered in the new Site Plan. The move in the location of the curb cut would facilitate the backing onto the property by the delivery truck, which at about 14 feet wide would have a difficult time maneuvering in a 15- foot wide curb cut. Applicants are also seeking permission to lease warehousing portion of the property to , one new tenant who would be storing and delivering primarily dry goods. No relief under the Zoning By-law is necessary, but Modification ofthe Site Plan of record and change in tenant and nature of business would require relief from this Board. " .. n -+J N ..... 0- .- (f) .- OJ 0"";""; ) 0 ()) ,UQ 0.......... . ......~ .... ~ ~ - '"0 C::OO'+-O - OJ ~U I.{) '=t-NI.{) I.{) ) 0 .!: ..~ Jj" '"0 Zo.. ,II ""1 OJ 0 0 C i= ,,-... 0 <{ .. .:~ +> U 'en '-/ 0 .~ c:::: en. :' ..WU)(/)~ QJ d if) C we:> w <" ... f: (/) N<(O~> 0 <{ N , 0 oil -.J U'}I-~_O UI' z<(/)O Ol -n ~~>-~o QJ e:>\O s: +> Z .. -.Jl..1...1- Z =u Z~:J C zo.. . .O<{O 0 0 0< ~~o:::wa:: 0 a. N~ ~~l.L..~Cl ...J >. Vi C QJ j:::l +401aH ,8 C 0 +> d > OJ -J W -0 C W -0 " OJ (,I) s:. I- Z Vl ''J >. +> -J +> :J .; .c .p '"0 5 ... ~ ,.... 3NVl A ~~ ~n c . ~oh. ...1 6UP1...l'Od .....l JC~ Ol .~ ~ So.. o a.. Ol s: :i So.. .0 a.. 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H12"I5'3Cl'E APPROVED' % ~, NANTUCKE BOARD OF APPEALS BOARD FENCE f. ~ """"V . "'.. .-.- '-l' . r--'~--"LDT;'-~'--~I 1~1 _SF, I 1 ~ ~ ~ ~ ~ . I open space I i '-f <4380 SF, ~ 1 i t' ~ ~ ~ ~ ~ I t ~ I-, I~! IW . I ~ ~ I:.J I .., ~ IG ~ I~ ICJ ~IGI) 'LJ Iz 12 ~ ,0 a I ~I N, I I :~i I FILE NUMBER' oS'2.-? ~ PROPOSED 'W AREHOUSE with 2 APARTMENTS 1, 937 S.F. ~ DATE' ~CaeJ(P, /9PP/ , PARKING REQUIREMENTS APARTMENTS 2 @ Ilea. =2 'WAREHOUSE 1/900sf, =2 TOTAL =4 PROVIDED =4 '.~ ~ t~~i~l~gl[ ~~'~i~~ ~ I ''''1j''os' '. ..,. ",' '~0:";@:'" I "0" ") :., ,..;.\"......; i.~' ~ ':w '1'-\I.,.":~l'1~" '" I .:d~~~li~:;;~~t~lf~'~ ' LEGEND' GRA VEL ~.. .. .' . " ..", .~.. " .. :.....:.- .......... .... CONCRETE or ASPHALT .' <. GRASS parking space PL BK 22 Pw 71 DE~SE-PACKED VEGETATIVE PLANTINGS ZONING. RC MINIMUM L.OT SIlEr ~OOO S,F, MINIMUM F'RONTAGE:140 F'T : ' ~'" ,~ : .,." 'f I' .",' .,,' ,{El~N\ \1!f !tfl~B~:9g~; :;"~l :~..p~~~B:Y'... bANEI.;'.,.,~>, GROUND Ct:JVE:R RATUlI!50Y. , ',', WlTlNi.1lICK ~T 'AVlI<<i' . f 4',' :.' Pl.-OT P~AN Of' L.AND IN '. .' . , .' " .' .' " ' NANTUCKE:T, MA FLOOD ZONE X THE PROPOSED STRUCTURES ARE LOCATED AS SHO'WN SCALE, 1'= 20' DATE' MAY 6, 1998 REVISED, JUNE 4, 1998 JOHN J, SHUGRUE, INC. 57 OLD SOUTH ROAD NANTUCKE~ MA 02554 FDRIDEMO MARKEN PARCEL NO. 112.3 #5769SC ASSESSORS TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Da te: 0eQQ/V'Y\h-eA cJ:::J , 20 CY2...- To: Parties in Interest and, Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application N<?: Q~t).,. 02- bwner/AP~licant:-1Q. (Y)os Ik<2Y\a~ mOrrOV') On ~ (fbxrdo UJ 0 rrJ) () 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. AJ~~~~ 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. 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 MODIFICATION 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 ofthe 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 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 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 of the Premises; the purposed elimination ofthe required board fence on the north and west side of the Premises; and the purposed elimination of two of the previously five required on site parking spaces while providing four spaces in a stacked manner.. There were no letters on file, ,3. 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. Additionally, 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 of the 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 ofthe 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 ofthe 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 ofthe 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: December ~, 2002 ~9N- / Edward Murphy C: MARKEN: Mod of 052-98 :=;:)> )>" ;u)> 1"1;U 6~ CI"1 (/)z 1"1-i "!-(l " ;u )> 1"1 ;u -i ^ )> z z G) Z ;u G) 1"1 :E o )> c , ;0 , ~ ~- [T] I :i 0, (/) z o -i !:' uU.UV N12.15'30 .E Parking 5=> 0, 00 N-i ~'" tel o p , 12- ..., 11) :} n 11) Parking ,:::",N @. aJ " :g@ C N:=;: ;U 0 O~ ~ III )>)> s;;j lIl'-- .., ,,;U O-i .0", Z lD )>1"1 1"1)> ~o. G) 0> ;UI ,,? r. co , -i < -'" -i0 0 (jI .:-1 :T 0 8. (/) ;:::c II II 1"1(/) NN q Z .. "TI z[T] '" f ~ I "'- a , (jIOl (jI?' .. @ ~~ OlD. , :=;: 0 -i , Z ['l ~~Gl~~ ;:::N r g?U~;Zz )>0 "z 0 Z .....-t"r .. Z p OR'-<;UO 0lG) 12- ()Vl)>~-i "'() S- oa;U-iVl , ID (ii1"10>N )> N ::o(/}Y'~~ (/) (!l 0 --.Co~" "TI ~ ~:." 0 11) )> :j ,,0 >:1: g;(jIN-"'(jI ;U ();U ~_ooo po . :-+__0 r+~D III .0 N '" , - t:l P "TI .... 0 ~ ;u Z 0 0 [T] ;:::: ~ 0 !A ;::: )> I\) ;U ^ 0 1"1 ZCDaJ 0 Z )>~c ~ I\) Z(/);U I COZ (jI ();:::I ^[T])> " 1"1;U;::: ~ ..-C~fTl - '< ;:::-i2i , >;U- III . O~ n a :J 0)>[T] ~ '" ",O;U 11) (jI Z I (jI G) -'" , Z Z a c;.. :J 0 c II co '" - ~ I ~ '< - LPJ> ~~;:: ::5 rs IJ\ L~' n- - ;+ ~ Vl1) n :y~n- CO C con-' , (1) C 1) IJ\ (1)~ P P -u::5, ru-(1) VlP~ n-O (1) n u-P n- J>(1) 1)u- , ;;:::P IJ\ - O'IJ\ - :y ruO o~ 0::5 ru o rs::5 .. W.o' . PERRY LANE c n- ~p ~ ZBA File No,iJlIQl-Q2- cJ- )."'~ - ... ') ~~ \- K:< \J( : ~ \ ?w..,0 Illw[02-- Do. tel .... ;;::: Z -i VI y ;+ '< (I) :y (1) u- r'l ::5 u- r'l ;U ~ 8' Height n- 6- ::5 ~ TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: October ::<7 ' 19 98 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the fo'll'owing: '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 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. ~e'/ b) [.)0-"0:1-<--9 Dale W. Waine ,Chairman <- cc: Town Clerk Planning Board Building Commissioner \. PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING' TO NANTUCKET ZONING BY-LAW ~139-30I (SPECIAL PERMITS); ~139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 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 Public Hearing of the Nantucket Zoning Board of Appeals, on Friday, August 14, 1998 at 1:00 P.M., and continued from the Public Hearing convened on Friday, June 12, 1998, 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, the Board made the following Decision: 1. Applicants are seeking a SPECIAL PERMIT under Nantucket Zoning By-Law ~139-9B(2)(b) (storage and warehousing). Applicants propose to construct up to a 1960~ square-foot building on a 10,002 square-foot lot, that would be used for storage and warehousing of food-related items, with an ancillary office space. There would be two (2) dwelling units on the second floor. To the extent necessary, and/or in addition, Applicants also seek relief by SPECIAL PERMIT under Nantucket Zoning By-Law ~139-20C (loading zone) to allow placement of the required space within the five-foot side yard setback area. 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 provided Applicants fulfill necessary requirements. A letter from the Nantucket Water Commission Superintendent was on file, which concurred with Applicants' attorney concerning Determination of Applicability under Zoning By-Law ~139-12B(2)(s). It stated that the project, though located within the Public Wellhead Recharge District ("PWRD"), did not require a system for artificial recharge or precipitation nor did it require a Finding of Water Quality Compliance. There was one (1) letter from an abutter that stated that he had no objection to the project, adding that he knew that his property was located within a mixed use residential/commercial area when he bought his land. There was one (1) interested area resident present at the first Hearing that spoke in favor of the Application. There was one (1) letter from an attorney representing an abutter on file that expressed the opinion that the Board of Appeals did not have the power to grant the relief requested for the intended use as the use should be considered to be a "truck terminal" which was not allowed within the PWRD. There were two (2) -2- abutters (including the aforementioned abutter represented by counsel) present at the Hearing that spoke in opposition. One (1) interested member of the public also spoke in opposition. Abutters in opposition expressed concern about increased traffic which would result from the proposed commercial use of the Locus, citing safety concerns from delivery trucks entering and exiting the Locus in an area that contained some residential dwellings. Concerns were also expressed about trash containment, the size of the trucks on a narrow way, parking in the street, unsecured outside storage of materials, screening, lighting, drainage control and runoff, inadequate parking area, and number of trucks that were to be parked on site at any given time. However, much of the discussion centered on the hours of operation and the potential impact from noise generated by the trucks, compressors and ventilation units as well as the contention that the proposed use of the structure would constitute that of a truck terminal. In the course of the Public Hearing process, suggestions were made as to conditions they wished to see imposed upon the project in order to alleviate abutter concerns should the Board vote to grant the relief requested, while reasserting their unconditional opposition to the project in general. 3. Applicants, through counsel, represent that they are engaged in the business of storage, warehousing and delivery of food-related items, primarily dairy and produce products. They plan to construct a building, with a ground cover of up to 1937~ square feet, that would have a mixed use, i.e, one (1) commercial use, the storage, warehousing and delivery of food items with ancillary office space, on the first floor, and two (2) dwelling units on the second floor on this 10,002~ square-foot Lot, situated in a district that requires a minimum lot size of 5,000 square feet. Parking, loading zone and green space requirements would all be met. Applicants have received Certificate of Appropriateness No. 32,182 from the Historic District Commission for the design of the structure showing the parking area in front of the structure as indicated on a "Site Plan", done by John J. Shugrue, Inc., licensed surveyor, dated June 4, 1998. Applicants state that there would not be constant truck traffic generated by the proposed use as the one (1) to two (2) delivery trips per day are traditionally made at the same time every day and commercial activity would take place primarily after 7:00 A.M. to mid-afternoon with the occasional trips to the boat outside of those hours. Any commercial activity related to Applicants' business taking place prior to 7:00 A.M. would be done by the Applicants within the structure. The trucks would not need to travel down the private way, that terminates in a hammer-head turnaround, past the residential dwellings to reach the property as the Locus is situated closer to the main public roadway, that provides access to the 10-lot subdivision, than said dwellings. Applicants also offer to increase the number of on-site parking spaces to a total of five (5), rather than limit the number to the required minimum of four (4), in order to ensure that the trucks and cars park solely on the Lot and not within the private way. Applicants further characterized the neighborhood as already of mixed use. There are several commercial businesses operating out of the residences at the end of the street as well as throughout -3- the immediate area. The proposed structure would also be shielded from the abutters by an existing storage and warehouse buildin; on the property immediateiy abutting the Locus to the south. Visual impact would be mitigated by heavy screening and the siting of the structure approximately 66~ feet from the private way. There would be no outside storage of goods and materials as the building is designed to allow all business-related items, other than the trucks, to be stored entirely within the structure unlike 'at Applicants' current place of business on a different lot. Enclosed dumpsters would be provided, and all mechanical support units would be located within the building, with any exteriqr venting to be done on the north side of the building mid-structure, to help lessen the impact of any noise emanating from said units. Applicants further represent.that they would make every effort to keep noise levels at a minim~m by backing the trucks into the bays at the end of the work day and not starting the refrigeration units on the trucks prior to 7:00 A.M. 4. Applicants, through their counsel, dispute an ~butter's contention that the proposed use of the Premises as proposed would be that of a truck terminal and therefore a use prohibited in the PWRD. Applicants entered evidence into the record differentiating the proposed use from that of a truck terminal. Applicants also state that there would be no repair or maintenance of the trucks upon the Premises, activities that are traditionally associated with truck terminals. Applicants further state that the use should not be viewed as a truck terminal simply by the mere presence and numbers of their truclcs on the site as abutter's counsel argues. After extensive discussion, and a motion made and seconded to move the question of "Does the use proposed by the Applicants constitute a truck terminal?", the Board finds, by a vote of three (3) in favor, (Waine, Sevrens, O'Mara), one (1) opposed (Toole) and one (1) abstaining (Williams), that the proposed use of the two-bay warehouse structure does not constitute a truck terminal and thus the use is allowed within the Public Wellhead Recharge District and within this Board's jurisdiction to grant a Special Permit for said use in this Residential-Commercial-2 Zoning District. 5. Based upon the foregoing testimony and evidence, the Board finds that the proposed use of the Locus for the storage, warehousing and delivery of food items, with ancillary office and two (2) second-floor dwelling units and grant of a Special Permit under Nantucket Zoning By-Law ~139-9B(2)(b), with relief being particular to the Applicants and not running with the land, would be in harmony with the purpose and intent of the Nantucket Zoning By-Law and would not be inherently in violation of Zoning By-Law g139-7E(4). The Board also finds, given the mixed use character of the neighborhood, and based upon the conditions set forth below, that the proposed use as specified above, would not have a sUbstantially detrimental impact upon the neighborhood. The Board further finds that a grant of a Special Permit under Nantucket zoning By-Law g139-20C waiving the loading zone is not necessary as the loading zone requirement is being complied with. -4- 6. Accordingly, by a UNANIMOUS VOTE, the Board GRANTS the requested SPECIAL PERMIT under Nantucket Zoning By-Law g139-9B(2)(b) to allow the use of the proposed structure as described above, 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) The heating, venting, air conditioning systems and refrigeration compressors associated with the commercial use on the Premises shall be located within the interior of the structure, mid-point on the north side of said structure; (c) All dumpsters and trash receptacles shall be enclosed by an approved board fence not less than six (6) feet in height and located on the north side of the structure; (d) The hours of commercial operation as described above, shall be between the hours of 7:00 A.M. to 8:00 P.M., daily, with the caveat however that trucks departing the Premises for the early 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; (e) There shall be no more than four (4) commercial vehicles associated with Applicants' business stored on the Premises at any given time; (f) There shall be no outside storage of goods and materials related to Applicants' business; (g) There shall be no retail sales allowed on the Premises; (h) 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; (i) Applicants shall provide a loading zone and five (5) parking spaces, screening, gravel parking area, and an asphalt apron onto Perry Lane, substantially shown upon the "Site Plan", done by John J. Shugrue, Inc., dated May 6, 1998, revised June 4, 1998 and revised and approved by a unanimous vote, by this Board on October 16, 1998, as per Nantucket Zoning By-Law g139-23, attached hereto and marked as Exhibit A; (j) The Applicants shall ensure that any runoff from gutters and drains servicing the structure upon the Premises shall remain on the Premises; (k) Applicants shall ensure that all exterior lighting on the Premises shall be directed downward and not at the neighboring properties; (l) All commercial trucks associated with Applicants' business -5- that are backing onto the Premises from the private way known as Perry Lane, shall be ben~fitted by an individual assisting the driver of said truck in said maneuver from interior of the Lot; (m) Densely packed vegetative screening of the structure shall be provided and maintained in conformity with 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; vegetative screening shall be provided on the perimeter of the parking area so as to screen the parking area but not obstruct the view of vehicles entering and exiting from the Premises along the easterly side of the Locus; (hf The structure shall be constructed in substantial confor,mance wi th Historic District Commission ("HDC") Certificate of Appropriateness No. 32,182, as may be amended with the revision of the "Site Plan" approved October 16, 1998 that added a fifth parking space rather than the four (4) as approved by the HDC in said Certificate; the Board also notes that additional approval may be necessary and sought under a separate HDC application number, for the approval of the required board fence, and this condition is not to preclude the Applicants' from seeking additional permits as may be necessary to complete the project as proposed; (0) The Applicants, jointly and severally, are granted the Special Permit relief herein described, with any change necessitating further relief from or modification of this Decision by this Board, with the Premises being restricted to one (1) commercial use on site; and (p) There shall be no servicing or washing of commercial vehicles associated with Applicants' business on site; Da ted: October;(l, 1998 / NOR1\-\ III2"I:I'3O'E ...v ------, ...v ""...v ...v ...v-I ; r- ~-LDT...v--~--...v1 i I " 7 I l...v I 1Q.D02 SF, 1 ...v ...v ...v ...v -...v I II I open spo.ce I I . , . t 4380 S,F, ~ I i \ ' ~I...v ...v ...v ...v ~t !-l, ~ i...v I I I ...v !~ ...v . t,J30ARD ~ENCE ...v PROPOSED VI AREHOUSE with 2 APARTMENTS 1, 937 S.F. ...v ...v -...v ~ t;~,::; ;j~[, ;'~~~,/;.~ ?}~j ...v I- _~ as , '-'I--Q),@-- , .jv ...vI I r ...vI .... I FLOOD ZONE X PL BK 22 . PG 77 0-4 . '.. .. '. . '. <ill. . . :~-. P E- R:R Y . - LA N E .'_ 4_4.~ . .d. . -. .. txllTDCi ~ AiIoHM.T "'VDCi . ",' " .... . .., '. .', ." THE PROPOSED STRUCTURES ARE LOCATED AS SHOVlN ASSESSORS DATE, o:::1eJ~r I~~ 1999/ FILE NUMBER' OS ~-9v .. ... .... ~ ,;;1 PARKING REQUIREMENTS APARTMENTS 2 @ lieu, 'WAREHOUSE lI900sf, TOTAL PROVIDED ~ 5TH PARKING =2 =2 =4 =4 SPACE I LEGEND: GRA VEL EJ]'. - .: :...:.' ;~ .~:-: .... ;,r." ,":. ." r++l ~ CONCRETE or ASPHALT GRASS parking space , DENSE"f,ACKED VEGETATIVE PLANTI~GS ZONING RC MINIMUM LOT SIZE, 5,000 SF. MINIMUM FRONTAGE'40 FT FRONT YARD SETBACK,NONE 4 REAR 8. SIDE SETBACK.5 FT GROUND COVER RATIO.50% PLOT PLAN OF LAND IN NANTUCKET, MA SCALE' 1'= 20' DATE' MAY 6, 1998 REVISED, JUNE 4, 1998 JOHN J, SHUGRUE, INC, 57 OLD SOUTH ROAD NANTUCKE~ MA 02554 FOR'DEMO MARKEN PARCEL NO. 112,3 #5769SC b..hl'h<...i-- A- ( oA Form ~yY NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 RECEIVED BOARD OF ASSE~S~S JUN 2 0 2002 TOWN OF NANTUCKET, MA ASSESSOR'S LIST OF PARTIES IN INTEREST PROPERTY OWNER: %f\n (Y)A<2(~V\ APPLICANT FOR RELIEF (SAME? ~) : ADDRESS qF PROPERTY: S QE.\2.(2:-r \ WlE:- ASSESSOR'S MAP - PARCEL: f.D ~ - ~ \ CZ . S 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 property 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, U39-29D(2)]. /J _. ~ ffl~< ~~ tJ~ j/~..uU U 4 ipAL.J te Assessor's Office Town of Nantucket *NOTE: Applicant (Petitioner) should include with the lot for which zonlng 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: Ze- _DL- ~ Client: p1~\~V\ j.h/FORl1S/bo. t:7l Q :j~ m -r! H .. 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