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HomeMy WebLinkAbout006-80 ".., ~-S?o~. Towa ef Nutudlet Zonin6 BOfl," _, AI'IIe." N.-ucket, M.... 02554 April 3, 1980 Re: GEN~RN CORP. (006-80) Enclosed please find notice of a deci.ion of the BOARD OF APPEALS which has this day b"ll.-filed with the Town Clerk. .. Any appeals from this action shall be -.de pur.uant to Section 17 of Chapter 40A of the General ~, and shall be filed within twenty (20) days after this date. ~~~H~~ '\ ~ l ~ ~ ~~S ~. \ .b.~ ~ Robert F. Mooney, Chaizwan .. .. .~. ~ NANTUCKET IlOlUlD or APPIUILIl DoG A-?~ J::o ~ ! SSVG I II II 'I (I l'f!'::,j~Wj:t, ... ...:' ". , ~ -., r ~ 1 , . - <~ BOAJW OF APP~S Nantucket, Massachus.tts I I I DECISION: I II i At a regular meeting of the BOAaD OF APPEALS hel Friday, March 28, 1980, at 3:00 p.m., at the TOMM AND COUNTY BUILDING, FEDERAL AND BROAD STUETS, MRTUCDT, in the matter of the application of GBMARM COR.. (006- 80), after due deliberation, the Board foundl This is an application for a Special Perait for a Major Commercial Development on Appleton Road, being a proposed five-cottage type motel units on Lot 1, Plan Book 18, Pa~e 151, at the Nantucket Registry of Deeds. A public hearing was held on March 2l, 1980, an the Board has taken a view of the area. Upon deliberation, the Board makes the following findings: 1. This site is vacant land located on Appleton Road in an area zoned Residential-Commercial. The pre- sent use of the site is largely residential, with the exception below noted. The site is bounded: SOUTHERLY by lots used for residential purposes, or undeveloped land; by a large parcel containing the Thirty Acres restaurant, a seasonal nighc1ub operation; by developed residential house lots havi 9 single family homes; and by Appleton Road and undeveloped land privately owned. 2. Appleton Road is a paved road from Bartlett Road, 20 feet wide, which turns into a dirt road south of the locus and is not considered a through way. NORTHERLY EASTERLY WESTERLY 3. The site is located over one mile from the center of Nantucket Town and over one mile from the public beach at Surfside. Access to the site will require vehicular transportation for maximum utility of the property. This location is remote from the Fire Station and police Station, and such distance may create problems of puh1ic health and safety. I ) ;: . , 4. Although the location is in a Residentia1- Commercial zone, there has beep no s.isrnificant cQJ1Jl1\e,;.... cial development to d~te. 5. The principal development of the a~e~ has been the construction of sin91e~fan\ily houses tQ~ yeA~- round residents, which is ;rel~ted to the proximity of the Nantucket P.1ementary and High School, and b!cyc1e path on Surfside Road. 6. The location has no puh1ic water Or sewer supply, each site being dependent upon priva.te wells a. septic systems. 7. The location offers little or no social Qr recreational attractions for the transient .visitors, such as beaches, restaurants, athletic facilities, or shopping centers. . 8. The proposed development will .dverse1y effect the public health by making ipcreased demands upon the water supply created by transient visitors in a residential area and will increase the danger from fire and congestion by adding greater numbers of per- sons and vehicles into a rural family-dwelling- area. 9. The burden is upon the applicant for a Special Permit for a Major Commercial Development to demonstrate that the proposed development will contri- . bute to the general welfare of the inhabitants of the Town. The overall submission indicates a lack of sound planning practices, study and analysis of the project. There has been no showing of any puh1ic convenience or welfare to be served, nor any puJ:.lic demand for this type of cottage-type motel units in this area of Nantucket. 10. The proposed development is not in harmony with the general purposes and intent of the Zoning By- Law, and will improve neither the neighborhood nor the Town. The application for a Major Commercial Develop- ment is hereby denied by unanimous vote. \...~~ ,\~\h ~ ~.....~~RD ~~.~~ . -\-~~~ OF APPEALS '0lt U'(.. ( (8~.Q. ......, ...."'.~~,... -- r- ~~ "'~_;:<'C'-'t;t:;;;;;"~-,,,;, . rl . AB-l FEE })"O'./ Cu. No. . fit.-g() APPLICATION TO THE BOARD 01' APPEALS N....cJl.t M '1 S..> To" u.....N.,.... ~.. ~.'I.a.: TIle UDde........ ....., i.tr'll. .... ...., ..... the .... 01 1M . . ,.. (ZONING BY-LAW. (IIUILIJING CCIMI) _ ....._l~ ........ '-low: Lot #1 on Plan file 1289 with the Nantucket Plannin Location of Property Bd., dated ./1/74 beia, a part of Lot #3, Share 27, :smooth HU-.ocKS, .sltull!ea on Appleton Rei. Lot No. 1 Plan No. 1289 District is ZOned for Residential Commercial Type of structure UIDlldlJ..x~ r) or propo.ed use: motel cottages .. Owner's Name Genarn Corp. c/o Eugene. Ratner, 48 Forest Ridge Road, Weston, Mass 02193 Owner's Address When did you acquire this property? November 27, 1979. Yes. Ha. &IIPlicatiOll beee filM at ..~...... BIJ. ....., No. Baa aft)' previoU ....&1...... ....., SecUOIl 01 By-law 0.. CocIe from ..... ...llal y ..e..sted: Section 4C (d) special permit.: aeason lor ukiDC reliel: Buildin h to land coverage of' five propose cottages is less than 5,000 square feet this section refers to use coverage rather than land coveraga A plica- on 1S e e Permit under Section 4C (d). . . =~dr~~ ::'f~i=:~;:r;~-- ATTACH: (1) A list of the nam.. JWti....iil each abutt" owner and ~,s::~ L .. &_ owner abutt.. the u.tte.... ~-~~~'~ . ~ ~. (2) Check in the amOUDt ., .50.00 made payable to the ToWll eI ~~~.~~.~~ . . .. ~c_. " ~~~.. h ~ '\3) Map or plan show.. the lecaUoa of the praperty to be considered. (4) If the applicant ia...... *_ the owaer, pleue iadicue JOUr authority to make ..t. lIpplicatioa. ./0 BOARD'S DEClSON ApplicaUOB submitted to Board; A dverti.., date. I Heariat date j Decision of Board ! Deci.ion filed with the Town ~~ --'" " TC'iirr-1 OF NANTUCKET ,:: oard of Appeals List of parties in interest in the matter of the petition of: Name: Genarn Corp. Add c/o Eugene Ratner, 48 Forest Ridge Road, Weston, Mass. 02193 . ress: (', Property address: Lot 1, Joseph & Edith Perry Bartlett Rd. Nantucket~ Mass. Appleton.oad, NantucketA Ma..achusetts Past. D. Buckley Nob.... lay NaatucUt; . Mass ~ . Mary J. Huffman 80 Prospect St. Nantucket, Mass. Paul F. Buckley Nobsta W.y Naatucket, Mass. leverly J. Correira Bartlett & Appleton Rd. Natucket, Mass. Carl H. Sj.lund 6 Publ' .... Naatucbt, Mass. Judith A. Sjolund 4S Fair St. "-atucket, Mass. 1&1'1 J. _. Spl.- ... N_t..a..t, Mass. Charles F. & Kathleen Sayle, Jr. Washington St. Ext. Nantucket, Mass. triaa P. , Jan~t M. liBg Nobska Way Nantucket, Mass. Jimmie L. & Wendy S. Hilts Nobska Way Nantucket, totass. Clyde H. Blackwood & Dorethea D. Blackwood 19 Westchester Drive Auburn, Mass. Gilbert E. & Phyllis C. Burchell, Jr. Miacomet Nantucket, Mass. I certify the forefGing is a list of per... who are owaers of l_d abutting t~e property and owners of land directly oppeelta the pr~rty on any street or way. and owners of laftd within 360 feet of the ,..-rt.,. all as they appear on the most recent applicable TAX liat. Jan. 21, 1980 Date A s...sor TOW'll of Nantucket 1/ J (j. , / (' l- I I I I ! I I O~tR: Genarn Corp. 106 SITE ANALYSIS COTTAGE UNITS , . i APP~ICANT: t.n~rn Corp. I ENGJNEER: John J. Shugrue, Inc. i " DATE: January 20, 1980 ;'A."".,...;>;t<",..~.~,-..;~,;'~:',;:,H"" P"'- f U~..... ".".'....:..'fHi!l>I~Ii~~'~'i'JiHjiij~iT,~;..;~.H,:.'if~;,k:.":4i..,;.,j.....h.j".c,T.,;;.-.lk'.,....,. 7. -~...-....., J., ,~ '.,. Ii"" < "~. '1#]; '~it .ii~;" , ;;~: .., .. .0"'''' c.< ., ,..~, , . . ~ ~:~:.~<.:::<... ,.,., .. T >.- .- . . , 1:";" ~" -- . , . . . pl'opttrty vhlchit, owns on Appleton Road, N.ntuckat, ...... . ' ' '1*' .hovn'~n .~l.nt.CG1",ded at 0' a..ds. ':(:' 1..(11: [SOURCES'" . ,'" , ">',: ,.; ;.:.-,j" ,<') :, ':: >i~'.::~;~:~~::'('/-; ,"'--",<.- " '.'-'.~ /' -,;-',- " .:; :'~;"'. ~:', '.,.~~>,' . :\:';':, :::~i: :':~~)' .~ :'.:~'..'.; . :"f~' ' 'I"', ':~/, 'f:~ , ':,",c."- ;',,' .'AfH~lv.st$\ " _ . _ :/, .:::~ ~~ -:- .~ '~'~~ '." '.-::.:- " ;', ; '-'. .; ;,~, "'. --".::., ;, ~. ,'. \ ' .. ,'- -'~,- .; ,.,. " l-. ; :;. \ ~" : I" _, ,.,,-,',',<'-'-,_. , ',~:, ".- - ;,;. :.:'-< . -',"--,-j . ';:':>~,',<::~':,.<-.! .--, ~ ; ,: ,',,)';,!;~,"_.';\ . ~ ~. .:_' ; , c, ,,-,' ".' , ,. ,: - ' '! ;';:' :~:. "~J:\>J"-J" ~ - "-:,~,~.,,,:: "', -, ',.' '-', '>,i ,CT:;" /I;";'_:"""~;'~"~'" ,_...,"-;'.' '~,:~~, _. .0 "," :~'~;[~:}i,:'~-'; ~~~ "'_;,: :.\- .-.'Co_, ,.,:',:. '_';,,' /','>--:-i'::'7f-"."'" i;rJ 0",-;_ ':-.' ,! - ',"',,/, ,. , ..~ -- -..':'; :"."',' .- IE'." :,~_','F:'i;T>I/; , :.1' . '.'Stl~t:Att"tJAtE~ ;:'> ,- t~ --t.}--.:','-'--, ", - ~ .; ;"'; "," ,--'. ,.:.:"-,,, A: , "....., 1;: ,''':. -:~" : ...~;<>:~:-':: ;-'::~~ --:~ -, ..,'-., ;;.._,-. 't~; , '~f~ . ~. ~,fif: ,~ ,,' : ,'>~~f; ;~ .'[{ ;j~.:;' '~-{,H and other 0' site (distance. away 'tolD ,.~f~t,~!"9surf'ac8water resoul"c.,.) ';''':-'':''. B. Inord.r to assure complete Co..tal. :'j',- ;"'/.,' Yetlands Act, the Nantucket ConsetvatlonComai.alon shall granted the right to en'orcathe WatlandeRegui.tion.. C. The propoaedconatruction wi110ecur 0"re1at1"aly laval Or f'lat and absorbent land whare nO need tor erosion or sad1...,t control .a8sure. ar. ant1cipatedto pravent undue loss of' top. ...t soil and .edi..entatlon of' aur'acil waters during construction. However in the unlikely event th.tsuch erosion occurs, pra- v'antive measur.s could b. employed using hay or straw bala. and gravel f'ilter barrier., small impoundm.nt ar..s and atone ") "',~ ~J, I '\ , r~, dry veIls. ~~,~ . _""""'N~r'V'Rfil! IT Ill" (l.~ ~ I P,1llIJl!Jlf'fT'''tl'llillOIl'~'llU'';IWJ''' ,Iii'''' """,lllllllJl f1iT _ R<jl"""",-, ,~.;';li!ilW#'iItII~iM.Uinl'~~~~~~~4i,'~Ifi#\'JIJ!i"",,~H,~l-"~+';I',;-f'J:lf' , ,"" ., .^ ,.,.,~c,~.,- ". cr' "'~", ..( '.. , '.~"""''Z'''"",,,,,,,,,,,,,~, C<~~. ,"',,,., .. - .."....."' ,~,~ -"_.,., .-..--- ., ~ GROUND YATER RESOURCES A. The location of the site will have no measurable affect on , I the quality and quantity of ground water resources in the a~ea. Gravel parking lot, gravel entrance roa~. and s.ptic systems viii not restrict the "recharging" of ground water resources. Research and on sight testing indicates that the sight has slight limitation for subsutface seweraoe dispo..l system.. B. Every effort has not been made to tie into the co.-unity collective sewerage system because of the project. location end the ravorable soil conditions for on site subsurface sewerage disposal systems. C. Percolation tests have been performed on the lot and the percolation rate Is the best rate for which design is per- mitted under Title V of the state Environmental Code. fLOOD HAZARD A. The entire locus lies outside of the special flood hazard area (Zone A) aa defined and shown on the Depart.ent of Housing and Urban Development, Federal Insurance Administration, it flood Hazard Boundary Map H, Town of Nantucket, ~ass. (NantUCket County) Community No. 250230A. , VEGETATION COVER A. There are rew If eny trees of a six (6) inch caliper or more on locus. The.e are scrub pine tree. and may be currently in- rected with the blight which is currently killing many o.f Nan.- tucket '. pines. B. There are many small cedars on the property-these will be trans- planted around the buildings and parking lot for shade improwe- ment of the visual aesthetics of the property and for windbreak. '.4,1';;.',.~t"N,F.'.M'i.~",1 6;.!iil!",~"'j~ic+."""""..,,,~'r'" "J"jlIMIII _T"""""'_'''''''''ilI''~",j,;'P''''''_'''~'''W,",<<lI',W,~- lIlT~iPliIr IT TIIII'UIIl" 1fllIl'f .fIIlII!IIIfV-JiI!l'llIun'''lIl1'''lilIl(TlIlf~~Illili'#Jl;.i~~''Ii4i'.'';f-,;It~,,-..,.'., .'"7'"" .~ -.'. ".,~. ."~'." .... .."...." ,< . ~.'" ., .,,,..,-.,. "~"',,,..,- .. .",,, ..'- ~" ,. Jl -.' , . - " C. The remainder of the area will be planted in hardy graa.a. suitable to the climate of Nantueket. TRArrIC SArETY AND CONVENIENCE A. The primary access to the proposed project is from Appleton Road which currently has an asphalt surface 20 faet in width. B. Jhe ent~ance to the site will be from Appleton Road into a parking area which will hava a good. gravel base so as to per- mit very good parking and turning around the site as well.. adequate access to the units. C. The road ~ystems, vegetation, and general nature of the site will permit relative easy access for emergency vehicle. to properly serve t_ site. O. The applicant is deeirous to provide a deep well with an oversize pump to provide water to the fire department if needed. O[V[LOP~ENT PHASING A. The applicant is desirous to begin construction of the first two unite immediately and the remaining three units within a year of the issuance of the permit. 8. The applicant also owns Lots 4 and 5 and is desirous of ac- quiring Lots 2 and 3. These lots might be used to develop 10 or 12 more units at some future date. Providing that the first units are used sufficiently to show a demand for MOre units of this type. CO~~ON OPEN SPACES A. The applicant has not included com~n open space. and other neighborhood facilities and .ervices in the plan .8 such. However. the applicant will leave open space on the property for the use of the tenants, etc. " "',""H","I<l-"''iI-~jlal~;!iI~.\n~ If" 11'" _"',""W""If,,,-..,~..'i;"'P..*.;' '.'>i",""''''''lF''''llll; -lV. -'""n"""''''~_''''>'"';'''''''''_!'''"'''''''.~;'.i'#;,>if'iI:i'iI4.~~~T,<::,,,,~',1';,,'j, \c. <'0 (){,r' 7)' NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, ~ARCH 21, 1980, at 3:00 P.M. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the application of GENARN COP~., seeking a Special Permit under Section 4-C-d of the Zoning By-Law. If granted, the Special Permit will allow a msjor commer- cia1 development of motel cottages on Lot 1, Nantucket Planning Board No. 1289, Appleton Road, Nantucket. The said property is presently zoned Residential/Commercial. ~~~~..~...~ :L\~'o\~ ~ ~.~~. ~~::~\ BOARD OF APPE1\LS Robert F. Mooney Judith K. Bartsch Eileen T. Cahoon . AB-I FEE < c;- 0 ' ,/ Ca.. No. tJ If to, -1lJ APPLICATION TO THE BOARD or APPEALS '/ Nantuclc.t....&1Pt s.s To the Member. of the Board of Appeal.: Owner'. Name Genarn Corp. c/o Eugene Ratner, 48 Forest Ridge Road, Weston, Mass. 02193 Owner'. Addres. When did you acquire thi. property? November 27, 1979. H a. application been fUetI .t BuUcliftC Departm.nt? H. No. as any previous appeal. be.n mad.., ' Yes. Section of By-law or Code from -"lch reU.f i. n...et.d: Section 4C (d) special permit.: Reason for aakina relief: Building Inspector has advised that al thou2h tOtl land coverage of five proposed cottages is less than 5,000 ~Pe feet, this section refers to use coverage rather than land cover-..Applica- tlon is 'tnereIore De~ng 5uughl; :lor a m~Jor \,;onmercll~ veve~opmen't Permit under Section 4C (d). ATTACH: . Slpature of ~pplicant(\ ~ :e~'-=-- ~~....a.L .. . Arnold~. Friedman~ec~etary to (1) A li.t of the awn.. Jiaati..ilit each abuttlaC owner .... owner abutUDt the abutter.. (2) Check in the amowat of tSO. 00 made payable to the Town of . Nantucket. (3) Map or pla MOW'" the location of the property to be . '.' considered. (4) If the applicant i. other than the owner. ple_ iadicate your I authority to make tilt. application. t ., BOARD'S DECISION Applieation submitted to Board ! Advertiaiq clat.. J!/ < - fi- Bearin, date ~ Decisinn of Board i Decision filed with the Town clerk ."",' illl" .. "-'~_-_~-'_t';-:~.~_,..~o;.,,~~.~~rt1: \ /',; j 106 '. I \ " I SITE ANALYSIS COTTAGE UN ITS ,. . OWNER: Genarn Corp. APPLICANT: Genarn Corp. ENGINEER: John J. Shugrue, Inc. OATE: January 20, 1980 .. . .: '.. i .;),: .' '~. : Or .~\ ."'., . .... fd.. f U~., ... ,.' j:-" The Genarn Corp. propose. to construct 5 cottage type .otel unit. on property which it owns on Appleton Road, Nantucket, "a.e. The property consists of Lot 1, shown on plen recorded et the Nantucket Registry of Deeds, plan Book 18, Page 151. SITE ANALYSIS SURrACE WATER RESOURCES A. The rully dev~loped site will contain 20 rentable guest roo... Their affect on any ponds, marshes, bogs, strea.. and ather surface water resources will be negligible due to the location or site (distances away from existing surfacr water resource..) and the absorption rate of the soil. B. In order to assure complete compliance with the .tate Coa.tal Wetlands Act, the Nantucket Conservation Commis.ion shall be granted the right to enforce the Wetlands Regulations. C. The proposed construction will occur on relatively level or rlat and absorbent land where no need ror erosion or sedi.ent control measures are anticipated to prevent undue loss or top- soil and sedimentation of surface waters during construction. However in the unlikely event that such erosion occurs, pre- ventive measures could be employed using hay or straw bale. and gravel filter barriers, small impoundment areas and stone dry wells. . ,...- ~"'.:';:?"P,""',-.iJ:.'; y, GROUND YATER RESOURCES A. The location of the site will have no ....ur.bl. afr.ct on tha quality and qu.ntity or ground w.ter r.sourc.s in the area. Gr.vel parking lot, gr.vel .ntranc. rO.d, end .eptic ayst.ms will not r.strict the "recharging" or ground w.ter resources. Research and on sight testinv indic.t.. that the sight has slight liMitation for subsurrace s.wer.o. dispo..l .yste.a. B. Evary .ffort has not been made to tie into the co.munity collective sew.rage syst.. because of the projects location .nd the favor.bl. soil conditions for on sit. subsurface ..werag. disposal syste.s. .. C. Percolation tests have been performed on the lot and the . \ parcolation rate is the best rate for which d.eign i. per- Mitt.d under Titl. V of the State Environ.ental Cod.. fLOOD HAZARD A. Th. .ntir. locus lies outside of the sp.ci.l flood h.zard .rea (Zona A) as defined and shown on the Dep.rt.ent or Hou.ing and Urban DevelopM.nt, federal Insurance Administration, flood Hazard Boundary Map H, Toun of Nantuck.t, Mass. (N.ntuck.t County) Community No. 2502JOA. VEGETATION COVER A. There are few if any trees of a six (6) inch calip.r or More on locus. The.e are scrub pine trees and May be currently In- rected with the blight which is currently killing lIIany of Nan- tu cket · spines. 8. There are many small cedars on the property-these will b. tr.ns- planted around the buildings and parking lot for shade i.prove- ment of the visual aesthetics of the property and for windbreak. .... I ., C. The remainder of the area ~ill be planted in hardy gr..... .uitable to the cli.ate of Nantucket. TRArrrc SArETY AND CONVENIENCE A. The primary accesa to the proposed project is froM Appl.ton Road ~hich currently has an asphalt surface 20 feat in width. B. rhe entrance to the site ~ill be from Appleton Road into a parking area which ~ill have a good,gravel baae .0 aa to p.r- mit very good parking and turning around the sit. aa w.ll aa adequate accesa to the units. C. The road systema, vegetation, and general nature of the sit. will permit relative easy access 'or emergency v.hicl.. to properly serve t~ site. D. The applicant is desirous to provide a deep w.ll with an oversize pump to provide water to the fire department if needed. DEVELOP~ENT PHASING A. The applicant is desirous to begin construction of the firat two units immediately and the remaining three units within a year of the issuance of the permit. B. Th. applicant also owns lots 4 and 5 and i. deairoua of ac- quiring lots 2 and 3. These lots might be used to develop 10 or 12 more units at some future date. Providing that the first units are used sufficiently to show a demand for .or. units of this type. COMMON OPEN SPACES A. Theapplicent has not included common open spac.. and other neighborhood facilities and .ervices in the plan aa such. However, the applicant will leave open space on the prop.rty for tha use of the tenants, etc. I