HomeMy WebLinkAbout045-03
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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
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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:
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REQUIRED
SP....CES
2
5 (&.C.n)
7
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38"
47'"
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N,Ir lEI J. GIJl.. L SO'ol:RINQ
2 QREGL(N AVE.. ,..e
NANT\..IOCET, l.IA 02554
Lt. ctRT.' 17143
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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
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NOTICE
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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:
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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
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SUBOIVISIa-l PLAN OF LAND IN NN-1IUCKET
Nantucket Surveyors, Inc., Surveyors
r-<ay 29, 1985
L.C. No.
26984
ROAD
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Sulxiivision of Lot 2 C,rf. 6391 143 42" / I
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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. /.
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COpr ,:'I! lJiV! 01 plan
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LAND REGISTRA nON OFFICE
API? 28~!986
PLOT PLAN
SCALE l' :: ~ LOT AREA :: ~ s.f.
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~ncl flllecl with cle~n
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to be reMovecl ~ncl
flllecl with cle~n
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CONTRACTOR TO CALL AND OBTAIN A
DIG SAfE NUMBER PRIOR Tll COMMENCING \JeRK.
ALSO C~TACT NANTUCKET ELECTRIC COMPANY
AND NANTUCKET CABLEVISlON.
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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
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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.
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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.
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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.
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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
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successors and assiens.
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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
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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 ~
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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.......
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DATE'
ASSESSOR'S OFFICE
Town of Nantucket
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