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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
~Y1WI q , 200 t
To: Parties in Interest and Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.: ()?/~
Lor (3.
M . orto
C~ ~ct- (f<Yt' ~(,1Wr
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 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)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
NANTUCKET ZONING BOARD OF APPEALS
1 East Chestnut Street
Nantucket, Massachusetts 02554
Assessor's Map 66, Parcel 102 (part)
4 Marble Way (part)
Certificate of Title No. 18930
Land Court Plan 28933-X
Lot 183
Residential Commercial 2
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Friday, December 12, 2003, at 1:00 P.M., in the
Conference Room, in the Town Annex Building, 37 Washington
Street, Nantucket, Massachusetts, the Board made the following
decision on the application of LARRY B. WHELDEN and ROBERT M.
BURTON, as owners, and TODD STOUT, as contract purchaser, c/o
Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669,
Nantucket, Massachusetts 02584, File No. 081-03:
2. The applicant Stout, as contract purchaser, is seeking
relief by SPECIAL PERMIT under Nantucket Zoning By-law ~139-
9.B(2), clauses (a), (b), and (c), to operate a carpenter's shop
on the first !loor of a proposed new mixed-use building, which
will also contain one apartment on the second floor and one
apartment in the basement. In addition, the applicant is seeking
relief by SPECIAL PERMIT under Nantucket Zoning By-law ~139-20 to
waive the loading zone requirement. The locus and the proposed
structure would be conforming as to all dimensional zoning
requirements, and all of the required parking would be provided
on-site. The locus is a portion of the premises now known as 4
MARBLE WAY, Assessor's Map 66, Parcel 102, which is now shown on
Land Court Plan 28933-X as Lot 183, and is situated in a
Residential Commercial-2 ("RC-2") zoning district.
3. Our decision is based upon the application and
accompanying materials, and representations and testimony
received at our public hearing. The Planning Board
recommendation was that the application presented no matters of
planning concern. In addition to the presentation by the
applicant and his legal representative, one letter in support
from an immediate abutter was presented at the public hearing;
there was no other support or opposition.
4. The applicant represents that his business consists of
the building of cabinets and similar fine carpentry, largely for
installation in structures being constructed off-site. He
proposes to construct a new building, containing his carpentry
shop on the first floor and also containing two dwelling units,
one on the second and one in the basement area. In the RC-2
zoning district, this use is allowed subject to the granting of a
Special Permit under ~139-9.B (2) , clauses (a) [light
manufacturing] , (b) [storage and warehousing] , and (c)
[fabrication and assembly of component parts for off-site
construction or use]. No exterior storage is proposed as part of
this application. Four conforming parking spaces are proposed, as
shown upon the site plan submitted to the Board of Appeals, a
reduced copy of which is attached hereto as Exhibit A. This
allows for three parking spaces for the residential use as 0 a
duplex with up to four bedrooms (0.75 parking space per bedroom
in a duplex being required under ~139-18 .D), and one parking
space for approximately 1,092 square feet of commercial space not
open to the public (one parking space being required per 900
square feet of such commercial space). No loading space is
proposed, and the applicant requests a Special Permit under ~139-
20.C waiving the provision of a loading space. Applicant stated
that he rarely receives deliveries from large trucks given the
nature of his business and what deliveries are made are
infrequent and done by smaller trucks. In addition, Applicant
states that the property is oddly shaped, long and narrow
providing a limited building envelope. The structure would be
si tuated at the rear of the locus in order to provide the
required parking to the front. The location of the structure and
the parking area is further limited and pushed back on the lot by
the septic field, which is sited at the front towards Bartlett
Road, and cannot be located over said septic tank.
5. Based upon the presentation by the applicant and his
legal representative, the Board of Appeals, makes the findings
that, subject to the conditions hereinafter set forth, the
proposed use of the building to be constructed upon the locus
would be in harmony with the general purpose and intent of the
Zoning By-law, and that the waiver of the requirement for
provision of a loading space would also be in harmony with the
general purpose and intent of the Zoning By-law. The Board
further finds that the provision of an off-street loading space
would be physically impossible for the applicant to provide given
the lot dimensions, available building envelope and provision of
the required parking spaces, and the granting of such a waiver
would not be contrary to sound traffic, parking or safety
considerations. In addition, the Board notes that similar relief
for mixed-use commercial activities has benefited several
properties in the immediate neighborhood and the Applicant's
proposed carpenter's shop would be consistent with those other
uses. The Board expressed concern about the possibility that the
use would expand to one that would need a loading zone and the
Applicant agreed to make the Special Permit relief particular to
him.
6. Accordingly, by UNANIMOUS vote, the Board of Appeals
GRANTS relief by SPECIAL PERMIT under ~139-9.B(2), clauses {a),
(b), and (c), allowing the proposed carpentry shop, and under
~139-20.C, waiving the provision of an off-street loading
facility, subject to the following conditions:
(a) The relief granted hereby is specific to the
contract purchaser in this application, and any utilization of
the relief granted hereunder by a different operator of the
')
commercial space upon the locus shall require a new application
to the Board of Appeals;
(b) Densely-planted vegetative screening, at least
four feet high, shall be planted and maintained in the locations
shown upon Exhibit A prior to the issuance of a Certificate of
Occupancy;
(c) No use of power tools, nor hammering, shall take
place prior to 7:00 A.M. or after 6:00 P.M. on any given day, and
there shall be no commercial activity on Sundays;
(d) All windows and doors shall be kept closed when
large power equipment is in use;
(e) There shall be no outdoor storage of goods or
materials; and
(f) The improvements on the site, including parking
and screening, shall de done in substantial conformance with the
attached plan marked as Exhibit A, however the exact footprint of
the mixed-use structure is not restricted by Exhibit A so long as
it remains conforming and approximately in the same location on
the lot in order to preserve a conforming parking area.
6. In separate action, by a UNANIMOUS vote, the Board
approves the site plan submitted to the Board of Appeals (Exhibit
A) pursuant to Zoning By-law ~139-23.
~~~ '~'~0<l7M-
Nancy J. S vrdr~
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J. 0' ara
January~, 2004
Dated:
RECEIVED
TOWN CLERK'S OFFICE
NANTUCKET, MA 02554
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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, DECEMBER 12, 2003, in the Conference Room, Town Annex
Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of the
following:
LARRY B. WHELDEN.AND ROBERT M. BURTON, AS OWNERS AND FOR
TODD STOUT, CONTRACT PURCHASER
BOARD OF APPEALS FILE NO. 081-03
Applicant (Stout) is seeking relief by SPECIAL PERMIT under Nantucket
Zoning By-law Sections 139-9B(2)(a), (b) and (c) to operate a carpenter's shop on the
ftrst floor of the proposed new mixed-use building. The structure would also contain one
apartment on the second floor and a separate apartment in the basement level. In addition,
the Applicant is seeking reliefby SPECIAL PERMIT under Nantucket Zoning By-law
Section 139-20 to waive the loading zone requirement. The Locus is conforming to all
dimensional zoning requirements and all of the required parking spaces and would be
provided on site.
The Premises is shown as a PORTION OF 4 MARBLE WAY, marked as Lot F
on Plan No. 6646, endorsed by the Nantucket Planning Board on September 23, 2002,
Assessor's Map 66, Parcel 102 (portion thereof that fronts on Bartlett Road), Land Court
Plan 28933-X, Lot 183. The property is zoned Residential-Commercial-2.
~M/}-
Nancy 1. SeVt , Chairman
TIDS NOTICE IS AVAILABLE IN LARGE 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.(J(f-{)3
FEE: $300.00
APPLICATION FOR RELIEF
Owner's name(s):
Mailing address:
Applicant's name(s):
Mailing address:
7:-
/1
Locus address: Ift....b As ,sor's MaplParcel: (Pro /102. ~~
€Cou~nBOOk&pa e/PI~:~: a 33~ Lot No.: 18'..3
Date lot acquired:_I-'~Deed Ref.lCert. of Title: J)(/ 'fa c) Zoning District: 12 -c . ~
Uses on Lot-Commercial: None~ Yes (describe) t/O~
Residential: Number of dwellings_ Duplex_ Apartments
Building Date(s): All pre-date 7/72? or
G
Rental Rooms
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 nonconfonnities:
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I certify that the information contained herein is substantially complete and true to the best of my
knowledge, under the pains and penalties of perjury.
SIGNATURE: J~ 1. AJ- Applicant~Attorney/Agent
(If not owner or owner's attorney, please enclose pr Qf of agency to bring thilaUer before the Board)
. Ii FO A FFICE USE
Application received on:Ji.Jl2t~By: Complete; Need copies?: ')
Filed with Town Clerk:lLt.2Q/{b>I?DDiRg Bgard: .' " Building D,,~t.. ~By:CI!41
Fee deposited with Town Treasurer:lL/2~By:~aiver requested?:_Granted:_I_I_
Hearing notice posted with Town Clerk:1L-I2(2tt2 Mailed:JL/2!J~ I&M:1.lJlif~& 12JCZ~
Hearing(s) held on:-'_I_ Opened on:---'--1_ Continued to:---'--1_ Withdrawn?:_I-'_
DECISION DUE BY: 1 1 Made: 1 1 Filed wrrown Clerk: 1 1 Mailed: / 1-
--- --- -----
DECISION APPEALED?: 1 1 SUPERIOR COURT: LAND COURT Form 4/03/03
---
ADDENDUM
Applicant (Stout) is the contract purchaser of a residential/commercial parcel located in a
heavily commercially developed area of Bartlett Road. He is seeking reliefby SPECIAL
PERMIT under Nantucket Zoning By-law Sections 139-9B(2X a), (b) and ( c) to operate
his own carpenter's shop on the first floor of the proposed new mixed-use building. The
structure would also contain one apartment on the second floor and a separate apartment
in the basement level. In addition, the Applicant is seeking relief by SPECIAL PERMIT
under Nantucket Zoning By-law Section 139-20 to waive the loading zone requirement.
The Locus is conforming to all dimensional zoning requirements and all of the required
parking spaces and would be provided on site. Though the Lot is conforming as to size
and frontage, the Lot is rectangular shaped and has restrictions on the placement of the
structure due to septic requirements. The uses require four parking spaces, which would
be provided on site. However, provision of the loading zone would be problematic due to
those restrictions, and provision of the parking spaces and the requirement that the
loading zone be placed outside the required setback areas. Applicant generally picks up
his own materials, being a cabinetmaker and stores several months' worth of wood on
site inside, eliminating the need for any constant deliveries to the site, and box trucks or
single-axel trucks do such deliveries. Applicant is also asking that the Board approve a
building envelope rather than the specific footprint as the HOC may require 0 a change in
the elevations, particular with regard to the placement of the stairs, Applicant offers as
conditions the following: No Sunday operation~ hours of operation from 7:00 -7:00~
when any heavy power equipment is in operation, all doors and windows will be kept
closed.
Parking Calculations:
1 bedroom basement apartment:
2 bedroom second floor apartment:
Shop space 1/900 SF, @1092 SF
TOTAL:
1 space
2 space
1 space
4 spaces
Green space requirements will be met. There is substantial natural vegetation along the
northerly and easterly boundaries that would be maintained. Another commercial
structure is planned for the westerly abutting lot.
Larry B. Whelden
Robert M. Burton, Jr.
PO Box 388
Nantucket, MA 02554
Zoning Board of Appeals &
Nantucket Historical District Commission
As one of the principal owners ofthis parcel ofland, map 66, parcel 102
(portion of), lot F, under P & S to Todd Stout, I hereby give Mr. Stout permission
to bring applications before your boards to gain approvals for said property.
Sincerely,
~
Larry B. Whelden
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Town of Nantucket
RECEIVED
BOARD OF ASSE:SSORS
OCT 1 7 2003
TOWN OF
NANTUCKET, MA
ZONING BOARD OF APPEALS
LIST OF PARTIES IN INTEREST m THE MATIER OF THE PETITION OF
t.~ LJ ~ ~ 126 but 6.vJ~
PROPERTY.O~ER(i-i~...P1"""~"Mrt'~~"1{ ...... ... ....; '~d uJ>
MAILING ADDRESS........~.~..J.-~.{.?':1..v<..!.t~... .
PROPERTY LdCATION.....:t....~.~~..~~......................~.~.' \(3 Lpf-~~~33-f.-
A.SSESSORS MAPfPARCEL...~0....~~..~?."?:.. ..(e~t).........
Tod.J... .f!-. S ~
APPLICANT..................... .................. ............ .................................
SEE ATIACHED PAGES
I certify that the foregoing is a list of persons who are owners of abutting property, owners of
land directly opposite on any public or private street or way; and abutters of the abutters and all
other landJ)wners 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. 0
Section 1 39-29D (2) .
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ASSESSOR'S OFFICE
Town of Nantucket
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