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HomeMy WebLinkAbout077-03 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Da t e: D.e QQrrl.B.ar tf , 2003 To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: () 77--63 Owner/Applicant: sturq ,~S ~ l'(}e. S O\JOml'n~ -r rUST/ Gu('(hr!tl Y()0~q "r-cx;ree- J and ~ !)€"'riJ/~ 12ReJel Co l be rt.scn f Con iTO..cf Go rcfAOSel" 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. \\~~,~~ 0Jr\ ~ . ..22(,,([J"\ 90 J Cha ~t~ma n d \..o.l ~~.",f = :J, c-:l I .t:o. -0 Vi Vl 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 ~139-301 (SPECIAL PERMITS); ~139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 Assessors Map 68 Parcel 231 and 232 Lot 27 in Planning Board File No. 662 R-C-2 15/19 YOUNG'S WAY Plan File 12D, Lots 5 and 6 Registry Plan No. 03-10 Lot 27 At a Public Hearing of the Nantucket Zoning Board of Appeals, held at 1 :00 P.M., Friday, November 14, 2003, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of the STURGIS PINES NOMINEE TRUST, LUCINDA YOUNG, TRUSTEE, AND FOR DEBBIE DEELEY CULBERTSON, CONTRACT PURCHASER, of PO Box 955, Nantucket, MA 02554, and PO Box 1237, Nantucket, MA 02554, respectively, Board of Appeals File No. 077-03, the Board made the following Decision: 1. Applicant (Culbertson) is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-9B(2)(a), (b) and (c) to operate a carpenter's shop in a portion (about 952 square feet) of the first floor of the proposed new mixed use building. The structure would also contain one apartment on the second floor and the Lot would also contain a separate cottage. The Locus is conforming to all dimensional zoning requirements and all of the required parking spaces and the loading zone would be provided on site. The Premises is located at 15/19 YOUNG'S WAY, Assessor's Map 68, Parcel 231 and 232, Plan File 12D, Lots 5 and 6. The specific Lot is shown as Lot 27 in Planning Board File No. 6662, endorsed December 9, 2002, Registry Plan 03-10, Lot 27. The property is zoned Residential-Commercial-2. 2. The Decision is based upon the Application and the materials submitted with it and the testimony and evidence presented at the Hearing. The Planning Board made no recommendation finding that the matter did not present any issues of planning concern. There was no opposition expressed on file or at the hearing and one abutter spoke in favor of the Application. 3. The Applicant (Culbertson) represented that the property was situated in a mixed- use residential-commercial area and that there were several commercial businesses located proximate the Locus. Applicant stated that she proposed to construct a mixed-use building with the intent of using a portion the first floor (about 952 SF) in conjunction with her husband's carpentry business, with one apartment above. There would be personal storage in the basement area. A separate single-family dwelling would be placed on the Lot that would not require any relief from this Board. There would be no exterior storage of goods or materials related to the carpentry business. All required parking spaces and the loading zone would be provided on site and screening would be provided for the lot as shown on a rendering of a site plan done by Vallorie Oliver, dated October 15,2003, a reduced copy of which is attached hereto as Exhibit A. The Locus is conforming in all respects and the proposed structures would also conform to all zoning requirements. Applicant further represented that a Certificate of Appropriateness had not been issued by the Historic District Commission as of the meeting and asked that the site plan relative to the footprint of the mixed-use building be approximate and not exact. 4. Based upon the foregoing, the Board finds that the proposed use as a carpentry shop with no outdoor storage related to it, is in harmony with the general purpose and intent of the Zoning By-law. The Board further finds that a grant of relief with conditions would be consistent with relief previously granted in many similar applications. 5. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-9B(2)(a), (b) and (c), to operate the business as proposed, upon the following conditions: a. There shall be one commercial tenant in the structure; b. The improvements on the site shall be done in substantial conformance with Exhibit A, however the exact footprint of the mixed-use structure is not restricted by Exhibit A so long as it remains conforming and all parking and loading zone requirements continue to be met; c. Densely packed vegetative screening shall be planted and maintained with a minimum height of four feet as shown on Exhibit A; d. There shall be no outdoor storage of goods and materials associated with the commercial use; e. There shall be no commercial activity on Sundays and the hours of commercial operation shall be no earlier than 7:00 AM and no later than 6:00 PM; f When heavy power equipment is being operated related to the commercial business, all doors and windows in the shop area shall be closed to avoid excessive noise; g. All commercially related parking shall be contained within the Locus and not allowed to park in Young's Way. 6. In separate action, by a UNANIMOUS vote, the Board approves the site plan, attached as Exhibit A, as required under Section 139-23. ~ C. Richard Loftin . -'- <t. j ..t~\t i1 I-I ~% l ~I ~ 14 0'1./0) G:::)~~ I f~ ~ L- ~ "'f 1- CJ , r. ... I~ ~ ~--~ ~~ ~ro^ \.t\i t ~; t " tiU i1T .1 :..u !. h 00 inlll ;,. ~...;-f ~ \ /~ I ~ I ! I . i 1 ~ t. ~ I. t I !! l ,r~ 4 .\ - , .- '~-~. u: . . . . 8fi' uit:t:t:at !!;~ ~~~lO2 ~:2 :>1 3~ .~:>1" 0.,,, ..Q ~ eX E ~~ at ~ ~ ~!ZVl !>; 00 15~aUl~ 'ic; .:J ~\i:l0 ~~ ~~~iiia w t) =>=>I-........z .G::-O ~~Z~:> i ~'I ZZoi:l~ i 00: ~:ie:o:,,! ~ TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1:00 P.M., FRIDAY, NOVEMBER 14, 2003, IN THE CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: STURGIS PINES NOMINEE TRUST, LUCINDA YOUNG, TRUSTEE, AND FOR DEBBIE DEELEY CULBERTSON, CONTRACT PURCHASER BOARD OF APPEALS FILE NO. 077-03 Applicant (Culbertson) is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-9B(2)(a), (b) and (c) to operate a carpenter's shop in a portion (about 952 square feet) ofthe first floor of the proposed new mixed use building. The structure would also contain one apartment on the second floor and the Lot would also contain a separate cottage. The Locus is conforming to all dimensional zoning requirements and all of the required parking spaces and the loading zone would be provided on site. The Premises is located at 15/19 YOUNG'S WAY, Assessor's Map 68, Parcel 231 and 232, Plan File l2D, Lots 5 and 6. The specific Lot is shown as Lot 27 in Planning Board File No. 6662, endorsed December 9, 2002. The property is zoned Residential-Commercial-2. ~~ \lj~JUrElJJt/1-- 8 cy J. Sevrens, C . an .-:1 c.-:J --l THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER \-->-> ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR 0 FURTHER INFORMATION. '."1 ~-) ?J ;71 ,:) ,.1 . .~ 01 :J . . ~ 1...J NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 CASE NO.O 7,7-([3 FEE: $300.00 APPLICATION FOR RELIEF Owner's name(s): Mailing address: Applicant's name(s): Mailing address: Rental Rooms or C of O(s)? Building Permit Nos: Previous Zoning Board Application Nos.: c:/!A(l..J(\ 0 State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of th;q:1~~w~ ~~;;:~n~e~~~s;;;~~~ ~~~u;.tin}:~~n~ 3oro?s(15es: (a.)~v(&)ard{c) (M\~ Yc) ~ab CL (!~sl1pt&1Yw2 ~ .f0:,R" w/a0vr 9S2- sr: o-fl sh'iP.~~~ ~~(( b[o/\ ~~d(I ~ SR0dl1o! ~!a;l!-t YhR...- ~&UJ tvffl 'a)'J;o CUT~IL c<.... S~ A IW. por~' 0JI'd /cxt~ Ca2e.bfr'iAtJ/'MY1.:tI MY( k- ~9 . ..dowl1 0$ lOT" z. m tb 'nI {:, Ie l(Jo. fR I certify that the information contained erein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. Applicant K Attorney/Agent (If not owner 'owner's attorney, ease enclos proQf of agency to bring this atter before the Board) Fo,li.Z~^, OFFICE USE Application received on: /0 JP(;J.Ja3.. By: f6'1J--J Complete: Need copies?: Filed with Town Clerk: I~~.uuin::;'ard:-@., _ Building Dept.:--1 ~ Byl!?JlJ Fee deposited with Town Treasurer: (01 Jv/~Y: Waiver requested?: Granted:_I_I_ Hearing notice posted with Town Clerk:Q~-6Mailed~BI r!!2 I&M:/Q~t22 & JJJfl~ Hearing(s) held on:_I_I_ Opened on:---1_I_ Continued to:---1_I_ Withdrawn?:_I_I_ DECISION DUE BY: I I Made: I I Filed wrrown Clerk: I I Mailed: I I --- --- --- --- DECISION APPEALED?: I I SUPERIOR COURT: LAND COURT Form 4/03/03 --- e4/1S/2ael 07:22 5982282954 LUCINDA VDU-IG ~002/002 PAGE 1!I2 10/23/2003 THU 8:54 FAX 5082282321 SANFORD REAL ESTATE Lucinda You?Jfj llox 955 '}(Q.n~&t ~9t. 02554 October 22,2003 cTo wfimn it frI4'Y conarn: .. This tetter grants l'mnissUm to '1Je66y 'DeeCey CuLbertson to 80 forwara as wntract .J1U"'haser for Cot #27 on YOU11jJs Way with necessary an(uatimas for permits related to buifiing on ~ yr~. 'lWyectjulfy submttttJ; ~~ Ludnaa YOImfJ Owner of '&curd OCT-23-2003 THU 01:31 PM WANNACOMET WATER COMPANY FAX NO. 5083255344 P, 02 WI\NNACOMBT WATER COMPANY NantuCket Water Commission Nelson K. Eldridge Noreen Slavitt DavId O. Worth , ~ ,~ 1 Milestone Road Nantucket, UA 02554 Robert l. Gardner General Manager October 23, 2003 Telephone (508) 228.0022 Facsimile (5OB) 325.5344 www.w8nnacomet.org Ms. Linda Williams Zoning Board of Appeals 1 East Chestnut Street Nantuoket, MA 02554 By Telefax RE: Deborah Deeley Culbertson and Peter Culbertson Lot 27 Young's Way Dear Linda, I have reviewed a site plan for the above referenced project, prepared by Vallorie Oliver, dated October 15, 2003 and offer the following. 1. The property is within the Wellhead Protection District 2. The proposed gravel driveways and parking areas are well defined and will aUow for the controlled drainage of storm water to the areas of vegetation. The vegetation win provide biological treatment of the stormwater runoff. Therefore, J find that this project does not have an. adverse impact on the groundwater quality and is hereby approved by the Wannacomet Water Company under ~139- 12B(3)(a) of the Town of Nantucket Zoning By-laws. Sincerely, WANNACOMET WATER COMPANY ~~ "l~, .. Robert 1. Gardner GeneJ'al Manager "" II I, CO... 6'4.p .... a~ f'<f<,. .~.p . 44-'0 .$'7"- v.p6'; .$' -3- ~ ~~v ". Oil 1";,_1 I. (N.C.I lllMOTU MOT c;O..''''UCTED. __ DOtOTU SlCTlott DlVIIIOtl Ll. L ...1CI10N OMSlON U.~. "I IMOWN,AlII ......,..,,1"1: CNl.X rrhe rl'mrn ami NANTU l\IaHHach INfORMATION SHOWN HfReON WAS. COMPILED fROM A.ERIAL PHC>TOGaAI'H5, DEEDS, AND P'lANS Of RfCORO AND 1$ NOT TO II! (;QNSTflUfD AS HAV1NG SUffICIENT ACeLII- . Jr4~ fOI COf"'VtYAN(:E. A...'........,., I 11I~~IIIII.lIt. .. ~.c..~...,;' .."",~o k,,!,ll.J600 . .~,sJ:0.Jl? 1\"::= _~.,~,:-~:~-~~;~~"A>~~: ~... 196 ..~..~ w; -"-~- ~,;.~~ + I RECEIVED BOARD OF ASSESSORS OCT 1 5 2003 TOWN OF NANTUCKET, MA Town of Nantucket jj ~/tJ() ZONING BOARD OF APPEALS LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF PROPER1YOwf!ER:'~'I'''~''Z;;''''''~ ~ 71~ 1A, MAILING ADDRESS....../d.....C!.(.....;j~.....f.~~...11~ /Jt{~ lJ dSJll PROPERTY L6CAT(ON""".I.s:.",~",~"""""" . .~ /d_ 2"2/ ASSESSORS MAPIPARCEL..,..,. l.R.1....,... .... .....,{., ,........."................,... APPLlcANT.,..il~..".j)~,.,.....,.. ............,..., .,. 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