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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
JU~ 30
, 200 \5
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
fol.lowing:
Application No.:
06~3- 0\3
(nrxnf B o{'-mi/J, ~Q.
. Owner/Applicant:
Enclosed is the Decision of the BOARD OF APPEALS which has
this day been filed in the office of the Nantucket Town
Clerk.
An Appeal from this Decision may be taken pursuant to
Section 17 of Chapter 40A, Massachusetts General Laws.
Any" action appealing the Decision must be brought by
filing an complaint in court within TWENTY (20) days after
this day's date. Notice of the action with a copy of the
complaint and certified copy of the Decision must be given
to the Town Clerk so as to be received within such TWENTY
(20) days.
cc: Town Clerk
Planning Board
Building Commissioner
PLEASE NOTE: MOST SPECIAL PERMITS AND V^RIANCES HAVE A TIME
LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING'TO NANTUCKET
ZONING BY-LAW ~139-30I (SPECIAL PERMITS); ~139-32I (VARIANCES)
I
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
NOTES
1). LOT IS LOCA lED "THIN PUBUC WELlHEAD RECHARGE DISTRIC;
2). LOCATION OF UNDERGROUND UTlUTlES IS UNDETERMINED.
CAU D1G-SAF'E AT 1-888-334-7233 PRIOR'TO ANY EXCAVATION.
3). NO WETLAND RESOURCE AREAS EXIST ON THE SUBJECT PROPERTY.
"'). BUILDING TO BE SERVED BY GUTTERS CONNECTED TO INFlL lRA TOR SYSTEM
5). GREENSP ACE - 27 'I !
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CURRENT ZONING, RC-2
MINIMUM LOT SIZE: 5,000 SF
MINIMUM FRONTAGE, .j() FT
FRONTYARD SETBACK, 20 FT
SIDE AND REAR SETBACK, 5 FT
ALLOWABLE G.C.R., 50'1
PROPOSED G.C.R., 2D.l'1!
HEREBY CERTlN TO THE BEST a' MY KNOYUDGE:
~"'T THE PRDISES SHOWN ON 1M$ PlAN ARE
CleATED W1~ lHE C ZONE AS DElJNEATED
~ 1lfE "'FIRM- MAP or caAlUNITY NO. 2.50230;
,ASS, EffECTl~ 1-3-81, REVISED 1-2-12 BY
iE FD:lERAL ENERGEHCY MANAGalENT AOENCY.
OR PROPERTY LINE 0EmU.IINA lION llftS PLOT Pl..AN
ElJES OH CURRDlT DEEDS AND PlANS OF RECORD.
ERIflED BY fUD IrIEASUREMEHTS AS sttO'IItt HEREON.
HIS PlAN IS NOT REPRESENTm 10 BE A TlUE
XAMlNAllON OR A RECORDABLE SlJR\€Y.
.B. 12/74
~....
NOTE: DETAILS NOT TO SCALE
GRAVEL SPEC PARKING LOT DETAIL
2'
52'
L-...-...
O.c.
12'
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~ TYPICAL SECTION
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68-211
N/F NORlAND CORPMA nON
18-212
K/F JON4 E. ."AAIJ
OLD
SOUTH
(PUblic)
--OM_-L
ROAD
PARKING TABLE
PRINOP Al USE GROSS REQUIRED
FLOOR AREA SPACES
OR UNITS
RETAIL 1299 Sf' 6
OFFICE 264 Sf' 1
STORAGE 292 Sf' 0
OTHER DWELUNG 1 UNIT 1
EMPLOYEES 3 1
TOTAL SPACES REQUIRED 9
lEGEND TOTAL SPACES PROVIDED 9
MINOR SITE PLAN REVIEW
IN
NANTUCKET, MASSACHUSETT:
SCALE: 1....10. DAlE:JAN 7. 2003
RE'v15ED: ~NE 16. 20
DEED REFERENCE: LC CERT., 20420
PlAN REFtRENCE: LC PL 16514-39
ASSESSOR'S REITRENCE:
MAP: 68 PARCEl.: 211 & 491
PREPARED FOR
MARY BURTON. INC.
owner at: applicant
5 FUWNG IrAlll ROAD
NANTUCKET. IrAA 02554
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N. DOUGlAS SCHNEIDER & ASSOC.
1 COUNTY STREET
MATTAPOISETT. MA 02739
(508) 758-7866
EMACK SURVEYING
2 WASHAt.lAN AVENU
NANTUCKET, MA. 02~
(508) 325-09.j()
8Jdt;&g 6- poplar
IXisthg 10. popIor
exlathg 10" larch
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
Assessors Map 68
Parcels 211 and 491
Residential Commercial-2
108 and 108 ~ Old South Road
Land Court Plan 16514-39
Lots 611 and 612
Certificate of Title No. 20420
At a Public Hearing of the Nantucket Zoning Board of Appeals, held at 1:00
p.m., Friday, July 11, 2003, in the Conference Room, Town Annex Building, 37
Washington Street, Nantucket, Massachusetts, on the Application of MARY
BURTON, INC., c/o Rhoda H. Weinman, P.O. Box 1365, Nantucket, MA 02554,
Board of Appeals File No. 053-03, the Board made the following Decision:
1. Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning
By-law Section 139-20B(5) (loading zone requirements). Applicant is constructing a
mixed-use building, with a retail tile store/with ancillary storage on the first floor
and an apartment on the second Ooor. The structure would have a ground cover of
about 2,005 square feet, which would include about 1,299 square feet of retail space,
about 264 square feet of ancillary office space, about 292 square feet of ancillary
storage space. The Locus consists of two conforming lots that have been combined
for zoning purposes with a total lot area of about 10,104 square feet. There would be
a maximum ofthree employees, with a total parking requirement for the proposed
uses of nine, aU of which would be provided on site. All setbacks and ground cover
requirements would be met. The required 14' x 35' loading zone would be provided.
However, due to the double front yard setback requirement for a corner lot in the
RC-2 zoning district and the layout of the parking area, it would be situated
proximate the structure to the north with a small portion of it sited within the
required five-foot side yard setback area. Applicant is asking the Board to validate
the loading zone location and setback intrusion of a portion of it.
The Premises is located at 108 AND 108 ~ OLD SOUTH ROAD, Assessor's
Map 68, Parcels 211 and 491, Land Court Plan 16514-39, Lots 611 and 612. The
property is zoned Residential-Commercial-2.
2. The Decision is based upon the Application and the materials submitted with
it, and. the testimony and evidence presented at the Hearing. The Planning Board
made no recolAmendation, as they did not review the Application prior to the
Zoning Board meeting. There were four (4) letters from abutters in support of the
requested relief, wbj~h includes one letter from the northerly, most affected abutter.
There were no lettets in opposition, and no one spoke against the requested relief.
3. Applicant, through counsel and by personal testimony, represented that the
building was being constructed for her tile business and a family member's lighting
business, which would be operated as one business, all permitted uses without need
for any relief from this Board. A dwelling unit would be placed on the second floor.
All of the required parking spaces, including a handicap space, would be provided
on site. However, the Applicant repre~ented that the location of the Lot on the
comer of Mary Ann Lane and Old South Road, the proposed siting of the building,
the required access point to the Lot, the double front yard setback requirement for
a comer lot in the RC-2 zoning district, as well as other restrictions on placement of
loading zones on such comer lots, contributed to making it difficult to meet the
specific siting requirements related to the loading zone. The loading zone is to be
sited to the north of the new structure, with a ~ajority of the space sited outside of
the required five-foot northerly side yard setback area, and a small northwesterly
portion of the space sited within said setback area. Applicant stated that she has
received approval for the structure from the Historic District Commission in
Certificate of Appropriateness No. 41,382. Applicant also stated that the Lot was
situated within a heavily developed residential-commercial area and the Board has
granted relief from parking requirements as well as various dimensional parking
and loading zone relief to other properties in the immediate area, and that relief
granted here would be in keeping with those grants of relief.
4. Based upon the foregoing, the Board finds that the requested Special Permit
relief is appropriate, and to allow the placement of the loading zone as proposed,
with a small northwesterly portion of the space sited within the required northerly
five-foot side yard setback area, would be in harmony with the general purpose and
intent ofthe Zoning By-law, and the granting of said relief would not be contrary to
sound traffic, parking or safety considerations. The Board notes that in any case, a
fully dimensionally conforming loading zone would be provided on site, and that the
most affected abutter to the north has indicated her support for the relief in her
letter.
5. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested
SPECIAL PERMIT relief under Nantucket Zoning By-law Section 139-20B(5) to
validate the location of the loading zone, allowing a small portion of it to be sited
within the required northerly five-foot side yard setback area as proposed, based
upon the following conditions:
(a) There shall be only one (1) business entity on the Lot, which would
incorporate the tile business and the lighting business;
(b) The project shall be completed in substantial conformance with the
Certificate of Appropriateness No. 41,382, as may be amended, issued by the
Historic District Commission; and
(c) The siting of the parking/structure/loading zone shall be in substantial
confonnance with the "Minor Site Plan Review" plan, done by Robert A. Emack of
Emack Surveying, dated January 7, 2003, revised June 16,2003, a reduced copy of
which is attached hereto and marked as Exhibit A. (The Board notes that the
retaining wall shown on the northerly portion of the plan may not be constructed).
6. In addition, by UNANIMOUS vote, the Board APPROVED the site plan,
attached as Exhibit A, under Zoning By-law Section 139-23.
July 2:G2003
Nancy J. Sevr
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Edward Sanford
Michael J. O'Mara
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TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
NOTICE
A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will
be held at 1:00 P.M., FRIDAY, JULY 11, 2003, IN THE CONFERENCE ROOM,
TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the
Application of the following:
MARY BURTON, INC.
BOARD OF APPEALS FILE NO, 053-03
Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-
law Section 139-20B(5) (loading zone requirements), Applicant is constructing a mixed-
use building, with a retail tile store/with ancillary storage on the first floor and an
apartment on the second floor. The structure would have a ground cover of about 2,005
square feet, which would include about 1,299 square feet of retail space, about 264
square feet of ancillary office space, about 292 square feet of ancillary storage space, The
Locus consists of two conforming lots that have been combined for zoning purposes with
a total lot area of about 10,104 square feet. There would be a maximum of three
employees, with a total parking requirement for the proposed uses of nine, all of which
would be provided on site, All setbacks and ground cover requirements would be met.
The required 14' x 35' loading zone would be provided. However, due to the double front
yard setback requirement for a corner lot in the RC-2 zoning district and the layout of the
parking area, it would be situated proximate the structure to the north with a small portion
of it sited within the required five-foot side yard setback area. Applicant is asking the
Board to validate the loading zone location and setback intrusion of a portion of it.
The Premises is located at 108 AND 108 Yz OLD SOUTH ROAD, Assessor's
Map 68, Parcels 211 and 491, Land Court Plan 16514-39, Lots 611 and 612. The
property is zoned Residential-Commercial-2,
THIS NOTICE IS A V AILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
FEE: $300.00
NANTUCKET ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MA 025,54
CASE NO. 6)7'^00
APPLICATION FOR RELIEF
Owner's name(s): Mary Burton, rnc.
Mailing address: 5 Fulling Mill Road, Nantucket. MA 02554
Applicant's name(s): Mary Burton, rnc.
Mailing address: 5 Fulling Mill Read, Nantucket. MA 02554
Locus address: .
108 & 108 1/2 Old South;Road
Assessor's MaplParcel:Map0068 ,Parcels 211&
491
Lot No.: 611 & 612
Zoning District:j6'"C /7/
Land Court PlanlPlan Book & PagelPlan File No.: 16514-39
Date IQt acquired:~1 201 02 Deed Ref./Cert. of TitIe: COT 1120420
Uses on Lot- Commercial: None_ Yes (describe)
Residential: Number of dweIIings_ Duplex_ Apartments_Rental Rooms
Building Date(s): All pre-date 7/72? or C of O(s)?
Building Permit Nos:
Previous Zoning Board Application Nos.:
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:
See attached Addendum A
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I certify that the informatio
knowledge, under the pai
.ned herein is substantially complete and true to the best of my
n p'n ies of perjury.
SIGNATURE: Attorney/Agent
(If not owner or owner's ttorney, please enclos oQf of a en y to bring this ma er before the Board)
FOR ZBA OVFICE USE
Application received on:iYJ1J.Jcb By: /B..t{)_Complete: Need copies?: ~
Filed with Town Clerk:(eJ .?Y~laDlliDg Bgard: I I llUlldmg Dept.: 1 I~By: C{lA{J
Fee deposited with Town Treasurer:~.<B By: @Vaiver requested?:_Granted:-"-"_
Hearing notice posted with Town Clerk:iQJ~~Mailed:illj2..r~ I&M:(jz;~o?:> & 2)-5 ~
Hearing(s) held on:_I_I_ Opened on:-1-1_ Continued to:-"_I_ Withdrawn?:_I_I_
DECISION DUE BY:_I_I_ Made:_I_I_ Filed wffown Clerk:_I_I_ Mailed:-"-"_
DECISION APPEALED?: 1 1 SUPERIOR COURT: LAND COURT Form 4/03/03
Addendum A
Applicant is seeking SPECIAL PERMIT relief under Nantucket Zoning By-
Law Section 139-20 B (5) (loading bay requirements). Applicant is proposing to
construct a building with a footprint of 2,005 square feet, which will include 1,299
square feet of retail space, 264 square feet of office space, 292 square feet of storage
space and 1 dwelling unit. Our locus is two combined lots for a total of 10,104
square feet. There will be a maximum of three employees, and the total parking
requirement for the proposed uses is nine (9) spaces, which are provided. The
proposed ground cover is 20.1 % in an RC-2 zoning district that allows 50% ground
cover, and all of the setbacks will be met. A loading zone will be provided, however,
it will intrude into the setback by two feet at its closest point to the northerly lot line.
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RECEIVED
BOARD OF ASSESSORS
JUN 112003
TOWN OF
NANTUCKET, MA
Town of Nantucket
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ZONING BOARD OF APPEALS
LIST OF PARTIES IN INTEREST IN THE MADER OF THE PETITION OF
PROPERlY OW!-jEK.... 07.4./11:....:2?t.~..... .~:=:.......
MAILmG ADDRESS"'~"':~~;i~"'~'u. ~ IZ!
PROPERTY LOCATION....... /\. .K...,.............. y~.. &Ld!.J:;d;i
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APPLICANT....~A/....../I......~/.r:rJ(i.&.;...~/r
SEE ATTACHED PAGES
I certify that the foregoing is a list of persons who are owners of abutting 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) ,
~./..;...P.?9..a3'
DATE.
~;~<<TJ....r:2.,Jt-&~J
ASSESSOR'S OFFICE
Town of Nantucket
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