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.
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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.
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C. Richard Loftin .
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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, 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.
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THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER \-->->
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR 0
FURTHER INFORMATION.
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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;
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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
,
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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
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Robert 1. Gardner
GeneJ'al Manager
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RECEIVED
BOARD OF ASSESSORS
OCT 1 5 2003
TOWN OF
NANTUCKET, MA
Town of Nantucket
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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:.",~",~""""""
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ASSESSORS MAPIPARCEL..,..,. l.R.1....,... .... .....,{., ,........."................,...
APPLlcANT.,..il~..".j)~,.,.....,.. ............,..., .,.
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) ..
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ASSESSOR'S OFFICE
Town of Nantucket
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