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HomeMy WebLinkAbout045-03 r TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETfS 02554 Date: JcJ~ J\ , 20 03 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the fol.lowing: Applica tion No.: cJ <-/ J ~()3 Owner/Applicant: G-em ~~ p. DCUJI3 / 6w()~ aVId -: Dor\:: H:U~r::: }~c . CdY\'Vv-oc..-r --C?urc ~e( 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 dayfs date. Notice of the action with a copy of the complaint and certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20) days. cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING-TO NANTUCKET ZONING BY-LAW ~139-30I (SPECIAL PERMITS); ~139-32I (VARIANCES) I ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 Assessors Map 69 Parcel 72 R-C-2 9 Teasdale Circle LC Plan 14342-P, Lot 55 COT 15,486 At a Public Hearing ofthe Nantucket Zoning Board of Appeals, held at 1:00 P.M., Friday, June 13, 2003, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of the GEORGE P. DAVIS, OWNER, AND FOR DARK HARBOR, INC., CONTRACT PURCHASER, of PO Box 1403, Nantucket, MA 02554, and 142 Old South Road, Nantucket, MA 02554, respectively, Board of Appeals File No. 045-03, the Board made the following Decision: 1. Applicant (Dark Harbor, Inc.), through counsel and the Applicant's own testimony, represented that they are seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-9B(2)(a) (light manufacturing) and (c) (fabrication and assembly of component parts for off-site construction or use); and to the extent necessary, a MODIFICATION ofthe Special Permit relief granted in the Decision in BOA File No. 103-86, which allowed the commercial use of the first and second floors of the structure for a predecessor in title's burner and chimney equipment installation and repair business. Applicant was also allowed to convert the second floor to a dwelling unit at a later date without further relief from the Board, which was done. Applicant proposes to use the first floor of the mixed-use existing structure for his contractor's business/carpentry, while maintaining the second floor apartment. Through a separate application to the Planning Board, Applicant is also seeking a Special Permit under the Multi-family Overlay By-law that would allow construction of a separate duplex structure on this same lot, resulting in a total number of dwelling units of three. No relief from the Board of Appeals is necessary for the dwelling units. To the extent necessary, Applicant is also seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law Sections 139-18 and 139-20 to waive any parking/loading requirements that the Board may deem necessary. The Premises is located at 9 TEASDALE CIRCLE, Assessor's Map 69, Parcel 72, Land Court Plan 14342-P, Lot 55. 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 a favorable recommendation, stating that they did not have an issue with the overlapping of the loading zone with the parking spaces. There were no letters on fIle as of the meeting. 3. Applicant (Dark Harbor) is seeking a Special Permit and a ModifIcation ofthe original Decision in BOA File No. 103-86, which allowed use ofthe first and second floors of a then proposed structure for commercial use in conjunction with that previous owner's oil burner servicing business. The owner was also allowed to convert the second floor to a single apartment without coming back to the Board for further relief, which was subsequently done. The current owner of the property has been using the structure to store his antiques. The structure has a Certificate of Occupancy. The original Decision needed to be clarified in any case by current action of this Board, as the referenced By- law Section was incorrectly stated as Section 139-9B(3)(b). There has never been a (3). It is properly (2). That owner received Special Permit relief to have storage and warehousing in the building. The Applicant is now seeking to add subsections (a) and (c) necessary to convert the first floor commercial use to a carpenter's shop for both of their businesses, as the two principals work together under one entity but desire to have their own shop space with one small ancillary office space, while maintaining the existing second floor apartment. Through separate action, noted in the Planning Board recommendation, Applicant has already received a Special Permit to construct an additional conforming duplex structure on the Lot under the provisions of the Multi-family Zoning By-law, resulting in three dwelling units. Applicant represented that the ZBA had no jurisdiction over that use and the Planning Board required them to meet the parking requirements for that use in addition to those required by this Board for the commercial uses, which the Planning Board did not have jurisdiction over. A Modification was also necessary to substitute a new Exhibit A showing the required seven spaces, existing screening, placement of the existing and proposed structure, and green space calculation. Applicant stated that for some unknown reason the previous owner offered to provide 12 spaces on the site plan offered at that time. It is questionable ifthat was ever possible given the lack of detail on that plan and placement of the structure, as it was not done by a surveyor, and certainly over twice what was required even in 1986 for the uses then proposed. Under the new Zoning By-law changes adopted at this year's 2003 Annual Town Meeting, Applicant is now required to provide more spaces for the three dwelling units now proposed. Prior to Town Meeting only five spaces were required. Now seven are required. All seven are provided in a conforming manner. However, there remains the issue of the loading zone. In the previous Decision, the owner was allowed to double up on the space, overlapping two parking spaces, roughly in the same area that the Applicant is now showing it overlapping spaces 6 and 7. Reliefwas granted then to do that and the Applicant is asking that he be able to maintain that relief. Applicant further represented that the Locus would continue to meet all dimensional and green space zoning requirements. This area is already heavily commercially developed, with the remaining lots in the subdivision already used commercially or approved for new commercial uses, and with some also benefited by a Multi-family Dwelling Special Permit as well as Special Permit relief granted by this Board for similar uses. There are several carpentry shops in the area and the Locus is proximate the airport complex as well. Applicant stated that there would seem to be little negative impact with the change or Modification. There would continue to be one commercial entity on the Premises. In addition, the Applicant is asking for any relief the Board may deem necessary to validate the site plan presented, including waiver of the loading zone again to allow it to maintain the overlapping location. The Board also has the option of letting the original waiver of the loading zone stand to avoid granting relief again. 4. Based upon the foregoing, the Board finds that the ModifIcation of the Special Permit relief granted in the Decision in BOA File No. 103-86 and grant of additional Special Permit reliefto allow the conversion of use to a carpenter's shop, with the maintaining of the single dwelling unit on the second floor, and addition of a separately permitted duplex structure, would be in harmony with the general purpose and intent of the Zoning By-law. The Board also fInds that the permission to overlap a two parking spaces with the loading zone has already been granted in the previous Special Permit and reaffirms said relief, based upon the new site plan, noting that all required parking would be provided on site in a conforming manner. The Board further fmds that the provision of a new corrected surveyed site plan indicating green space, screening and other required elements would be beneficial. 5. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested MODIFICATION of the SPECIAL PERMIT relief granted in the Decision in BOA File No. 103-86 to allow substitution of a new Exhibit A, and a new SPECIAL PERMIT under Nantucket Zoning By-law Section 139-9B(2)(a) and (c), reaffirming in addition the previously granted relief under what was supposed to be By-law Section 139-9B(2)(b), to allow the use of the first floor space of the existing building for a carpenter's shop as proposed, and validates the previous waiver of the loading zone, allowing it to overlap as shown on the site plan, based upon the following conditions: a. The uses in the existing mixed use structure shall consist of one second floor apartment, and a carpentry shop, with up to two separate spaces, and a small ancillary office space, on the first floor; b. The commercial use of the ftrst floor of the existing structure shall be limited to no earlier than 7:00 AM and no later than 7:00 PM from Monday through Friday; Saturday from no earlier than 7:00 AM and no later than 5 :00 PM; and no hours on Sunday; c. The new site plan shall be as substantially shown on the "Minor Site Plan Review" plot plan, done by Robert A Emack, dated May 20, 2003, a reduced copy of which is attached hereto and marked as Exhibit A; 6. In separate action, by a UNANIMOUS vote, the Board waived the site plan review requirement under Section 139-23 for this Application. Dated: July /1 , 2003 B(;~H~ A~~ Nan y J. Sevrpns to- d lu.) ;U --i-., "Tl G)::-'- c- :Er' e: ........ r- 6<-- - c-) - r ~l -0 /-~ VJ . ~ \0 - -'--- 1 1 1 E..; LfGENO \ ~ ~9'ound utllt'" pr~WCIt.r.~ prop-.d _ lln. to connect .....thQ I90t eIevotlon -$-$- 49)(0 NOTES 1). LOT APPEARS TO BE PARTIAllY \IllTHIN THE PUBLIC .,.,llHEAD RECHARGE O~RLAY DISTRICT. 2). LOCATION or UNDERGROUND UTlUTlES IS UNDETER~INED. CAll. OlG-SAFt AT '-B88-3:)4-7233 PR10f< TO ANY EXCAVATION. ]). NO '/UlAND RESOURCE AREAS EXIST ON THE SUBJECT PROPERTY. .). Of<YWELlS TO BE PROVlOEO fOf< ROOf DRAlNAGE AS REQUIRED. 5). GRADING TO BE flELD DETER~INED BY GENERAl CONTRACTOf< AT nUE Of CONSTRUCTION. I HEREBY CERTIfY TO THE BEST Of lilY KNOVllEOCE THAT 1HE PROIlSES SHQVItl ON lHlS PlAN ARE LOCATED 'flllHtH TH( C ZONE AS tlO..>>IEATEO ON THE "nRW~ MAP (S COWtr.lUHlTY NO. 250230; 1oI,A,SS, ETfLCll\lE: 1-1-86, RE'v1SED 7-2-12 BY THE f'EDERAl D1ERGDtCY WANAGEW(NT AGiEHCY. CURRENT ZONING: RC-2 ~INI~U~ LOT SIZE, 5,000 Sf tr.lIHIUUIol FRONTAGE: 40 fT rRONTYARO SETBACK: 20 n SIDE AND REAR SETBACK: 5 fT ALLOWABLE G.C.A.: 50% EXISTING C.C.R.: 20.0%: PROPOSED G.C.R.: 28.7"-:!: FOR PROPERTY IJN[ DETERWlNA llON THIS PlOT PI.Nl A{U[S ON OJRR[NT DUOS NIlD PlANS Of RECORD VTRW",n "If nnn l,W',",,~""T<: .'" .,....n....... _....;..... PARKING TABLE PRINO? Al. USE GROSS flOOR FLOOR AREA OR BEDROOMS SHOP /STORACE 2226 Sf ~//7;;REgOENn& 68EOO~S ~ TOTAl SPACES REOUIRED . AtTt"t. Oll(-tllNc TOTAl SPACES PRO\1DEO PROPOSED GREEN SPACE: I ~~.A- REQUIRED SP....CES 2 5 (&.C.n) 7 7 38" 47'" 09 - 71 N,Ir lEI J. GIJl.. L SO'ol:RINQ 2 QREGL(N AVE.. ,..e NANT\..IOCET, l.IA 02554 Lt. ctRT.' 17143 .o47X8 i I; I;i ~IY :f:! tlJ~ M'" -elt !Jf j ~. 89-73 7 l[ASDALf ORaL NOt.IlNEE lRUST SARAH r . AlGER. TR. TVI'O UNION ST. NAHT\,/Q((T. w.... 02554 '~z;? 49XO MINOR SITE PLAN REVIEW . IN NANTUCKET, MASSACHUSEITS SC....LE: '.-10' DATE: l.lAY 20, 2003 DEED REFERENCE: LC CERT.' , 5,486 PLAN AEfERENCE: lC Pl 14342-P ASSESSOR'S REfERENCE, ~AP: 69 PARCEL: 72 PREPARED FOR: DARK HARBOR INC. (CONTRACT PURCH SER) -- NANTUCKET ZONING BOARD OF APPEALS UINOR SITE REVIEW TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 d \.N NOTICE ~ N \.0 ::0 m :J . i .-- ... ~ A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS:-:will be held at 1:00 P.M., FRIDAY, JUNE 13,2003, IN THE CONFERENCE ROaM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: '"' 1 -J GEORGE P. DAVIS, OWNER, AND FOR DARK HARBOR, INC., CONTRACT PURCHASER BOARD OF APPEALS FILE NO. 045-03 Applicant (Dark Harbor, Inc.) is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-9B(2)(a) (light manufacturing) and (c) (fabrication and assembly of component parts for off-site construction or use); and to the extent necessary, a MODIFICATION of the Special Permit relief granted in the Decision in BOA File No. 103-86, which allowed the commercial use of the first and second floors of the structure for a predecessor in title's burner and chimney equipment installation and repair business. Applicant was also allowed to convert the second floor to a dwelling unit at a later date without further relief from the Board, which was done. Applicant proposes to use the first floor of the mixed-use existing structure for his contractor's business/carpentry, while maintaining the second floor apartment. Through a separate application to the Planning Board, Applicant is also seeking a Special Permit under the Multi-family Overlay By-law that would allow construction of a separate duplex structure on this same lot, resulting in a total number of dwelling units of three. No relief from the Board of Appeals is necessary for the dwelling units. To the extent necessary, Applicant is also seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law Sections 139-18 and 139-20 to waive any parking/loading requirements that the Board may deem necessary. The Premises is located at 9 TEASDALE CIRCLE, Assessor's Map 69, Parcel 72, Land Court Plan 14342-P, Lot 55. The property is zoned Residential-Commercial-2 A1CtlA THIS NOTICE IS A V AILABLE IN ARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET/MA 02554 CASE NO. o'fG-<YJ FEE: $300.00 APPLICATION FOR RELIEF Owner's name(s): G-{.c:c IL(''')"~-: 'V OA"-l \"-':::> Mailing address: \? (~\~-,"'l 'Y.O ~ IUA~.n-u(" .t-.:-~ '^--i~ C '2. ~~"'l Applicant's name(s): OI\A \L- i+A!2...~p-j ~(1 ~ ((0~to ,-/,(,''1 :;;>u"-...C.J:,\~ ~, ~pe. Mailing address: i '-{ 2. DVJ ~_., u"7"\A n h ~-A~l' k::---=r MA- () ~~'l~ Locus address: q \~OA ~ ~t-~ Assessor's MaplParcel: c.e~ (.=1-"2- Land Court PlanlPlan Book & PagelPlan File No.:~ 4"') t.t 2... - P Lot No.: S"~ Date lot acquired: _1_1_ Deed Ref./Cert. of Title: l5" Ii ~ Zoning District: Rc ~ Uses on Lot- Commercial: None_ Yes (describe) ((!IJ<.(I<-l;,-,LC;tf <... :.. ""5tVILl'4::: ,..- €.JJ~~'~ Residential: Number of dwellings_ Duplex_ Apartments~Rental Rooms Building Date(s): All pre-date 7/72? or l~ tz,:, C of O(s)? ./ Building Permit Nos: Previous Zoning Board Application Nos.: l (,) ~ -an State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities: ~ oJj.o('wl orl~m) I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and pen lties of perjury. SIGNATURE: < Applicant K Attorney/Agent (If not owner or owner's a orney, please enclose proQf f agency to bring this matter before the Board) r FOR ZBA: OFFICE USE Application received on: ~ 1/ 'b-t03 By: Complete: Need copies?: Filed with Town Clerk:~'2HIQ3PI' '_ _ Ul mg ept.:-1-1_ y: Fee deposited with Town Treasurer:21 (p1r!2. By:~Waiver requested?:_Granted:_I-'- Hearing notice posted with Town Clerk:6 11fJJ'1- Mailed:~J2.~ I&M:SJ1!l~ & j1L.!iJ~ Hearing(s) held on:-1-1_ Opened on:--1_I_ Continued to:_I-'_ Withdrawn?:_I-'- DECISION DUE BY:' 1 1 - Made: 1 -I Filed wffown Clerk: 1'1 Mailed: 1 1- --- --- ----- DECISION APPEALED?: I I SUPERIOR COURT: LAND COURT Form 4/03/03 ADDENDUM Applicant (Dark Harbor, Inc.) is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law Section I 39-9B(2)(a) (light manufacturing) and (c) (fabrication and assembly of component parts for off-site construction or use); and to the extent necessary, a MODIFICATION of the Special Permit relief granted in the Decision in BOA File No. 103-86, which allowed the commercial use of the first and second floors of the structure for a predecessor in title's burner and chimney equipment installation and repair business. That Applicant was also allowed to convert the second floor to a dwelling unit at a later date without further relief from the Board, which was done. This Applicant proposes to use the first floor of the mixed-use existing structure for his contractor's business, a carpentry shop, while maintaining the second floor apartment. Through a separate application to the Planning Board, Applicant is also seeking a Special Permit under the provisions of the Multi-Family Overlay By-law that would allow construction of a separate duplex structure on this same lot, resulting in a total number of dwelling units of three. No relief from the Board of Appeals is necessary for the dwelling units. To the extent necessary, Applicant is also seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law Sections 139-18 and 139-20 to waive any parking/loading requirements that the Board may deem necessary. The Premises is located at 9 TEASDALE CIRCLE, Assessor's Map 69, Parcel 72, Land Court Plan 14342-P, Lot 55. The property is zoned Residential-Commercial- 2 /~ ;JA~:< . ..;r- ,I.,',' ~ ,\1 ~ " .: . . * ., 8 ; ()N : ()~ i 11c'i~ , 0\ EO ~ ! I'~ ~'" C) I I:;. ~. \_ 'P~~ '~~\... , .CI:J 8' c' 0" --.. . " i: Cl Cl c .... '- 0' Cll C), "', , .-no<?-.. . ~- : . ,I V .,q. 9: \ I~~~ ~~ ~. !f ~ I~~ ~ "it: ~ I~~i ~ <3 SUBOIVISIa-l PLAN OF LAND IN NN-1IUCKET Nantucket Surveyors, Inc., Surveyors r-<ay 29, 1985 L.C. No. 26984 ROAD HINSDALE 5 750 (33.00 Wid. J 55' 37 E 100.00 105.00 17747 ~ ~ "i t\j 0 ..... 0 !!:! '" ~ o"J ~ Q:: (:) 1/5.00 () () ~...... Ic'i Ok ~ '" 0\ . ';). . .. It) ~ ~ ... Cl . - ...... <S .... - Cl~O o ~~~ g ." ~ ~ C) Ic'i -~ 0) ~ 0) <I) ~ h.: (jj) 50 :l: ~\ "" t\j! ........! 5/ 54 1/4.27 ~ 75.00 \ I 105.00 111.09 ,:l: ()~ t\j. ~ & ::::: 0 to N 740 52' 15" W S NO 52' 15H E 9QOO /', '- 90.00 ~ /29.27 90.00 / 9Qoo . 129.27' -. . ,.. ,.' '!Jq. ....: o'JtJl t1'~ N 74" , 129.27 .. .62 C) C) <:::i ~ 63 56 57 52' ~ 1/5.00 l~ III \.j '" " 4 Plqn 14342 If P/an 22 / Sulxiivision of Lot 2 C,rf. 6391 143 42" / I Sl-.<:Mn on Plan l4342F ~ filed with Cert. of Title No, 5102 Registry Oistr;.pt of Nantucket County Separate certificates of title may be issued for I nd shdwn hereon as LoIs 50 II/ru60 and 6211/ru 4. /. 8YlheGo",' flY.. () ~/ / t; ~ ~'G(/;lYJ#t~# ~- N 740 52', w 15" .... Cl C) () <:::i ~ ~ 64 '" 129.27 , '" 'V',1ityEoSBm8n1 N 740 52' IS" W S 74" 52' 15" E TToo /1 /03.00 116.27 ~ 59 ,:l: () 'It t\j ..... ~& ..... 0 ..... !:::: '" 58 97.8/ /03.00 /4342P N :l: () () lei l() ..... a ..., 'Y'I , """'< ~ ""' N " 8 <.j (h c:: (h C\j ..... " ~ '..., ti '" '" ",' ... ., .. c:: ~ " ... ... " ~ 8 'q :($J 'f ~ :", ::::: r '" <:> " <: ') ... <: .... () '-, ~ -I I 0-, ! v, ... I "i ~ I ~ cJ UoI ~ ~ ::a '- . ~ ... ~ ~ "" " " 25 COpr ,:'I! lJiV! 01 plan - "'eff 'fI ----'-' LAND REGISTRA nON OFFICE API? 28~!986 PLOT PLAN SCALE l' :: ~ LOT AREA :: ~ s.f. '-0 -J (j ....... (j '-0'2 -J~ 'C[ '- .t::::::j ~ 0, 'C[O '-0"\1" f-- ~DT " 11."'4 SF. v EXISTING SEPTIC TANK to be reMOV ~ncl flllecl with cle~n hllls~ncl EXISTING LEACH PIT to be reMovecl ~ncl flllecl with cle~n hllls~ncl ~pprOXIM~te ~re~ of utility lines J: .... ~ t:l Z CONTRACTOR TO CALL AND OBTAIN A DIG SAfE NUMBER PRIOR Tll COMMENCING \JeRK. ALSO C~TACT NANTUCKET ELECTRIC COMPANY AND NANTUCKET CABLEVISlON. A[).p . ~.sI3UIt- r ctfrI CJ>'1J th )cl ~# fJf b#1U2 '(UJL~~ ~ d s: u ~ -.....J ~ f5? i:5 I...::. NOTE: THIS SKETCH IS BASED ON INFORMATION ON RECORD WITH THE TOWN OF NANTUCKET AND MAY OR MAY NOT EITHER ACCURATELY OR FULLY DEPICT THE LOCATION OF EXISTING STRUCTURES ON THE LOT. CURRENT ZONING: RC-2 MINIMUM LOT SIZE: 5000 SF MINIMUM FRONTAGE: 40 FT FRONTYARD SETBACK: 20 FT SIDE AND REAR SETBACK: 5 FT ALLOWABLE G.C.R.: 50% PARKING SKETCH PLAN IN NANTUCKET, MASSACHUSETTS SCALE: ," = 20' PLAN REFERENCE: LC PL 14342-P ASSESSOR'S REFERENCE: MAP: 69 PARCEL: 72 PREP ARED FOR: BRADFORD FLEMING & ALAN LAFRANCE 'DA~ liRit&l L \~c.... EMACK SURVEYING 2 WASHAMAN AVENUE NANTUCKET, MA. _02554 (508) 325-0940 J-590 \ i 1 _. .-.-....-.--. 3112' . 00190 BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISIONl The BOARD OF APPEALS,.at a Public Hearing held on FRIDAY, OCTO- BER 3, 1986 at 1:30 p.m. in the town and County Building, Nantucket, made the following Decision on the Application of ERNEST W. CULKINS (103-86) address Box 621, Siasconset, HA 02564. 1. Applicant seeks a SPECIAL PERMIT pursuant to SECTION 139-98 (3)(b) of the Zoning Code to construct and ~se a building for storage and warehousing of burner and chimney equipment, also of the goods of others, not including perishable, hazardous or toxic items. The premises are on TEASDALE CIRCLE OFF NOBADEER FARM ROAD, Lot 55 of the subdivi- sion Plan 14342-P for Assessor's Parcel 60-025, and in the zoning district RESIDENTIAL-COMMERCIAL-2. I I I. i 2. Our findings are based upon the Application papers, and plan, testimony and representations received at our hearing. The plan, identi- fied as our Exhibit "A", shows the proposed two-story building as L- shaped. We understand that Applicant's storage incidental to his chimney and oil burner servicing business will be in the central portion of the first floor. One leased storage space will be in the north wing and 3 spaces will be in the west wing.' The second floor will initially be for storage use, possibly single apartment dwelling-unit use in the future. Applicant may permissably use some storage space instead for a retail sales purpose, provided the required off-street parking Sllaces are then available. Storage uses proposed will be wi-thin the building and not out in the open. I I , . 3..!-_AppHcant proposes._~~.~~y--ourU parklng s as shown on Exhibit. A w.ith spaces numbered 11 and 12 between the wings f the building proposed to serve as the off-street loading space equired by Section 139-19. As shown on E~hibit A, a fence or priyet screening will be provided along the west, north and.~I1_~t__(parfuilY) lot lines. --------.----...-. -.- . I 1 I I i , I \ I j' Ii .1 " I, t. , l- ey e r ,n '---" -:--'.~!,,:':""'. .". 3T12 \ . 00191 (103-86) -2- Applicant will comply with the screening requirements of Section 139- 18F (1); and appears amply to meet the parking space requirements of Section 139-181. Gravel surfacing is proposed and no overnight storage of trucks. 4. We find that the proposed uses would not intrinsically be in . violation of Seetion 139-20A. Waste oil "ill be regularly and properly disposed of in closed containers in accordance with regulations and Town proeedures. " 5. ThePlilnning Board's recommendation is favorable, the Historic District Commission has, welre told, approved the building design, and no opposition was heard. This area of the R-C-2 district is considered appropriate for sueh uses. We find, therfore, that the requested relief would be in harmony with the general pu;pose and intent of the zoning chapter. 6. Accordingly, by UNANIMOUS vote, this Board GRANTS ~ Appli- cant the requested SPECIAL PERMIT pursuant to SEC1TON 139-9B(3)(b) 'for the uses proposed. Dated: October 9, 1986 Nantucket, HA 02554 ;i/~ ~"/frl U~);,. ~... ,1 ~ ThvW ~~ :: ~" 100IT1fY ,""T20l),I.YS$VHl~D-.mRlHElJ(CISKlN . f WASFlrolNllUFmOFltflOMlCtERltANOfHAT ,< :~:::"'~~~ #'A;STlCMilCURl< 7-- tltIdtv./l, 11"1 . .~/~~ William R. Sherman ,Oqy/) ~/).U/ fl.... Dorothy D. Vollans ~~~\\~_---I C. . Ha IIhall Bea . 00058 successors and assiens. ~.v~c~ .J..s :f 4~t!J /"".1 "~"7 ~... v 36724 I " '. \. ~~. J.I ., .' .;. I ft":, J. ARNOLD TEASDALE, LTD.., . ~~~ C_A7~e~L/// 7&~ r#-""'~ 7~.()*C-. "NO ~ ide. 4,:r or //1'~J~/J.s ..??c ,,.,AlA. '? NIl" ",cH,...C 7".4. ~,,~- ;?...~.,t::) ~cA"lv...,~/~ Tit! ,.rLc..~ ~T /9~ ~'''~ ;J .o~d .(1., A>~__ / ~~ -'t $. 4!-~~ /YNNC''j m. J/;".,.,J,IC..I $3 CP~..iJ,d"'; ~Yl",;..s ?'/y/'~:~~"I; ;J.~ ~,.~..,...:,~:;,.,:.:",...~,~:~. \ ","'I.t- ',' S 1... .; . .- Ii:" -\". ....... It /.;'-., ", .,..... ~~r~:S;{W~~~'1' .,,'PU''-' \Y", ..~, ,~.\....., . . . ":... :(:"~~i(. ~~ . .~,~. lil:~~:" . ", ~:'1 ~. ~ i 1 l I I i ! 1 I 00058 36724 Commonwealth of Massachusetts ..' Nantucket, 'ss DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS ~ ALL MEN BY THESE PRESENTS that J. ARNOLD TEASDALE, LTD., tho Owner of certain parcels of land in the Town and County of Nantucket, Massachusetts, describod as follows: LOts 50-6. as shown on Land Court Plan No. 1.342-P, filed with Certificato of Title No. 12,212 at the Nantucket Registry District for the Land Court, hereby declaro as follows: It is the intent of J. ARNOLD TEASDALE, LTD., to ensure that in the development of the abovo described land, all activities on individual lots and the property as a whole, arc performed in such a manner as to: a) Preserve the natural and scenic features of the land for the benefit of future owners and the general public; b) Protect tho investment of those who shall purchase in the development by ensuring that all structures aro of comparablo quality and design and in harmony with ench other and tho property; In order to achieve the above state goals, 1, J. Arnold Teasdale, Prosident of J. Arnold Teasdale, Ltd., by this instrument, hereby subjoct tho above-doscribod proporty to the restrictions set, forth below. 1. Hono of the lots shown on said plan shall be ro-subdivided except for lot line or road line adjustment. 2. All of ' the' lots shown on said plan arc restricted to one dwelling unit per lot until such time as the' subdivision is serviced by an active Town Sewer line; when the sewer line is. activated all dwelling units ~n the lots shall, within a reasonable period of time, stop using.on-site septic systems and shall tic into Town Sewer. Once a lot is serviced' by Town Sewer, then the prohibition against second dwellings on A lot shall be null and void. 3. Lots SO, 59, 60 and 62 shall be restricted from'having direct driveway access onto Nobadeer Farm Road and Lots SO, 51 and 52 shall be restricted from having direct Access onto Uinsdale Road. 4. Lots SO, 59, 60 and 62 shall have a fifteen (IS) foot front yard setback requirement ftoa Nobadeer Fatm Road. 5. No ~orses, sheep, cows, mules, goats, pigs or animals of any kind, except for cats, dogs and commonly accepted household pets, shall be kept on the property. 6. No unregistered motor vehicles shall be stored outside on the premises and no trailers or boats shall be stor~d outside on the premlses without written permission froa J. Arnold Te~sdale, Ltd., and plans for suitable screening. 7. No outside storago will be allowed without the written consent of J. Arnold Teasdale, \ Ltd. "upon acceptance of a written plan for appropriate screening. S. Any ex~erior lighting instalied on any lot shall be installed and operated in such . """" " to p"''''' .rr",'" "", " iII~i.."o' b'y'" <h, boo.'..., Ii... . i of the lot. , 9. All garba~e, trash and rubbish placed outdoors shall be kept in covered containers . protected from animals and screened from view outside the boundaries of the lots. 10. No exterior laundry drying facilities shali be placed on a lot. 11. The Trustee of J. Arnold Teasdale, Ltd., must give approval of the final architectural plans before work commences. All of these restrictions shall run with the land And be binding upon owner, his WANNACOMETWATERCOMPANY "- ~... ~!~ Nantucket Water Commission Nelson K. Eldridge Noreen Slavitz David D. Worth 1 Milestone Road Nantucket. MA 02554 May 7, 2003 Telephone (508) 228-0022 Facsimile (508) 325-5344 www.wannacomet.org Robert L. Gardner General Manager Ms. Linda Williams Zoning Board of Appeals 1 East Chestnut Street Nantucket, MA 02554 By Telefax RE: 9 Teasdale Circle Dear Linda, I have reviewed the site plan and proposed change in use for the property at 9 Teasdale Circle and have determined that the proposed use for 9 Teasdale Circle will not have a negative impact on ground water quality. Therefore, it meets the requirements of ~ 139-12 of the Town of Nantucket Zoning By-laws, and is hereby approved by the Wannacomet Water Company under ~139-12B(3)(a) of the Town of Nantucket Zoning By-laws. If you have any questions please give me a call. Sincerely, WANNACOMET WATER COMPANY ~. '-'-~ Robert L. Gardner' General Manager ISLAND PROPERTIES Real Estate Investments 5/17/03 To Whom It May Concern, I give my permission to Brad Fleming and Allan LaFrance to pursue applications to both the Zoning Board of Appeals and the Planning Board regarding my property at 9 Teasdale Circle Nantucket, C ~. D~ s George Davis 35 Old South Road, Nantucket, Massachusetts 02554 Phone 508.228.6999. Fax 508.228.8748 www.islandpropertiesre.com 1I5IO() Town of Nantucket RECEIVED BOARD OF ASSESSORS ZONING BOARD OF APPEALS . MAY 0 7 2003 TOWN .OF NANTUCKET, MA LIST OF PARTIES IN INTEREST IN THE MATIER OF THE PETITION OF , PROPERTY ?~ER...... ~~91j?.8;'::"'" P.... P~~. ~~..........:........ MAILING ADDRESS...... ?:-. 4:.,:. ..~... ..\~.Q. 3........................... q ~ . '-'--~f'> G <::::2.L LL~ PROPERTY LOCATION....... .... .~... ... ... ...~.. ............... ...... ... ... ....... .: . f"A ~ """) ASSESSORS MAPfPARCEL......... .., ..... ...~.....-:.... ..~....... ............ ...... APPLICANT....... .~?:!.Q~' J?.... .?~............... .............. SEE ATIACHED PAGES 1 certify that the foregoing is a list of persons who are owners ofabutting property, owners of land directl~ opposite on any public or private street or way; and abutters of the abutters and all other land owners within 300 feet of the property line of owner's property, all as they appear on the most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139. Section 139-29D (2) . ...... 7.~.~..l.o.3....... ~..fl)l1P~ DATE' ASSESSOR'S OFFICE Town of Nantucket C!l Z ~ ~ tIl H ..:lE-< rzl till><: t:t:U rzlD ~~ lllZ ~ p:: cr: 0:: 0:: 0:: 0:: 0:: ~ W IIJ Q Q Q Q g g g H H H '" '" '" ! ~ ~ ~ ~ ~ 15 '" ~ ~ ~ .... Q .......... ~ ~ ~ :i oS !i ~ ~ r-4 0 ~ ~ ~ ~ :< ~ :. ~ ~ ~ '" ., ., :i! '" '" '" "' ~ ~ ~ o b b P zoo 0 '" '" '" ~ ~ :; ;: ~ ~ ~ g. U"I l.l'I U'l lI'l It) III U"I .... 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