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Home My WebLink About011-99TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: March ~9 ~ 19 99 To: Parties Decision of following: in Interest and. Others concerned with the the BOARD OF APPEALS in the Application of the Application No.:_ 011-99 Owner/Applicant: GREGORY AND KATHLEEN CASSIDY 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 LIMT.T 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. • Chairman Linda F. Williams' (Acting) TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 Assessor's Map 57 139 Hummock Pond Road Parcel 14.2 Land Court Plan 33861-0, Lot 37 Limited Use General 2 Certificate of Title No. 18,195 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 p.m., Friday, February 5, 1999, in the Conference Room, Town Annex Building, 37 Broad Street, Nantucket, Massachusetts, on the Application of GREGORY AND KATHLEEN CASSIDY, of 139 Hummock Pond Road, Nantucket, Massachusetts 02554, Board of Appeals File No. 011-99, the Board made the following Decision: 1. Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By-Law, Section 139-7D(2). Applicants propose to operate a public stables on the subject lot for the purposes of giving horseback riding lessons and boarding of horses. The property is improved with asingle-family dwelling with a horse barn with an apartment above it. The Premises is located at 139 HUMMOCK POND ROAD, Assessor's Map 57, Parcel 14.2, Land Court Plan 33861-0, Lot 37. The property is zoned Limited-Use-General-2. 2. The Decision is based upon the Application and the material submitted with it and the testimony and evidence presented at the Hearing. The Planning Board made a positive recommendation for approval of the SPECIAL PERMIT subject to submission of site plan and incorporation of a total of six parking spaces on the Premises. There was one letter in the file expressing concerns about the number of horses boarded; disposal of waste; rodent and pest control; hours of operation; noise control; and whether off-site riding lessons would be allowed. The Board requested and the Applicants submitted a Minor Site Plan for review. 3. Applicants, through counsel, testified that their intent was to operate a public stable for the purpose of giving horseback riding lessons and boarding horses. Applicants testified that the horse barn would have no more than a total of four stalls. Two of the four stalls would be dedicated to the boarding of Applicants' horses with the remaining two stalls dedicated to the boarding of horses for clients. Applicant stated that her riding lessons were given to one or two children at a time. 4. The Board questioned the Applicant as to her plans for keeping the stables clean and the disposal of horse manure from the stables. Applicant stated that she cleaned the stables out on a daily basis. She further stated that the horse manure was stored on premises and picked up on a weekly basis by a service dedicated to this sort of waste disposal. 5. The Board questioned the Applicant as to proposed hours of operations for horseback riding instruction. Applicant stated that she would limit the hours of operation on Saturday and Sunday to the hours of 10:00 A.M. through 2:00 P.M. with hours of operation for Monday through Friday from 10:00 A.M. to 5:00 P.M. 6. The Board noted that the Applicants showed a total of six (6) parking spaces on their submitted Minor Site Plan. The Board found that six (6) parking spaces were sufficient for the proposed Special Permit use and allowed dwelling uses. 7. Therefore, the Board fmds that the granting of the SPECIAL PERMIT request is appropriate because the use of the Premises as a public stable for the purpose of giving horseback riding instruction and the boarding of horses is not substantially more detrimental to the neighborhood nod nvironmen~~a~~~ Ct:~ existing or permitted alternate uses of the Premises./~~~ ~ h~N~C.v~'~"U V~~, ~~~ 8. Accordingly, by a unanimous vote, ~M~ Board NTS the requested SPECIAL PERMIT under Nantucket Zoning By-Law 139-7D(2) to operate a public stables as proposed, upon the following conditions: (a.) Applicant will arrange for a weekly pick-up and disposal of horse manure from the public stables; and (b.) Hours of operation for horseback riding lessons will be limited to the hours of 10:00 A.M. to 2:00 P.M. Saturday and Sunday and 10:00 A.M. to 5:00 P.M. Monday through Friday. Dated: /'Y~~~~,~, ~, 1999 LINDA F. WILLIAMS c~ F~ECEIVED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 BAR 19 1999 ,~ ~ int.------~ ~~cz~.~___------ EDWARD MURPHY wr~nxuxrEx~c.~ssID~ TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON 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, FEBRUARY 5, 1999, in the CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: GREGORY AND KATHLEEN CASSIDY BOARD OF APPEALS FILE N0. 011-99 Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By-Law §139-7D(2). Applicants propose to operate a public stables on the subject Lot for the purposes of giving horseback riding lessons and boarding of horses. The property is improved with a single-family dwelling and a horse barn with an apartment above it. The Premises is located at 139 HUMMOCK POND ROAD, Assessor's Map 57, Parcel 14.2, Land Court Plan 33861-0, Lot 37. The property is zoned Limited-Use-General-2. RECEIVED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 JAN 2 1 1999 CEO Cs~_ Dale W. Waine, Chairman THlS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS FOR ASS~ISTANC;E ;ALL BoA Form 1-89 NANTIICRET ZONING BOARD OF APPEALS TOWN AND COUNTY BIIILDINCi ~ ' Date 'NANTUCKET, MA 02554 CAS$ No • APPLICATION FOR RELIEF W ~ U LL. N LL O W~Q rn ~Y~ rn ~ W ~I- U~Y ~ ~ ca ~ Z ~ ¢ c~ ~z ~ o z ~ i ~w ~U I Owner's name(s) : Rrag~ and iCathlnPn Ca~~idy Mailing address: c/o Vaughan and Dale, P.C.,'P.O. Boa 659, Whaler's Lane, Nantucket, NA 02554 Applicant's name: camp Mailing address: Location of lot: Assessor's map and parcel number ~ _- i4_9 Street address: 139 Hummock Pond Road Registry Land Ct Plan, Plan Bk & Pg or Plan File Lot D cume t No. 78427 C O.T. 8 195 LII~2 Date lot acquired: ___/~_ Dee Re~ _,_ $on~ng d strict Uses on lot - commercial: None x or MCD? - number of: dwellings 2 duplex- apartments- 'rental rooms- Building date(s): all pre-8/72? IIO or C of 0?_ Building Permit appl'.n. Nos. Case Nos. all BoA applications, lawsuits: State fully all zoning relief sought and respective•Code sections and subsections, specifically what you propose compared to present and what grounds xou urge for BoA to make each finding per Section 139-32A if Variance, 139-30A if a Special Permit•(:~Dd.139-33A if to alter or•~•exbend •a nonconforming use) .' If appeal per 139-3~A & B _ , attach decision or order appealed. OK to attach addendum . x Special Permit Relief pursuant to Section 139-7D(2) to operate a Public Stable. See Attached Addendum Items enclosed as part of this Application: orderl addendum2 Locus maps, Site plan- showing present x +planned "structures Floor plans present proposed- elevations (HDC-approved?_) Listings lot area frontage setbacks GCR parking data • Assessor-certifiec~ddressee List 4 sets g ma~ling label$$ 2 sets g 200 fee payabl.e._to_..Tawn ••oP Nantucket • proof • - •' cap' Cb(ienant (If an appeal, ask Town Clerk to send Bldg Comr s record to BoA.~ I certify tha the requested information submitted is substantially complete and rue. to bestvof my knowledge, under the wins and peYfalties of j`ur ' SIGNATURE: 1 - YV William F 3(If not owner or /`-~ Applicant' Attorney/agent % r, Esquire 's attorney, enclose proof of authority) FOR, B~ OFFICE USE Application copies/rec'd:•4= Or_ for Bo on,~ by One copy filed with Town Clerk on,~/Cy'/ by ' ~' complete?`~ One copy each.,to Planning.Bd and Buildin~q,De~t ~ b $200 fee check given own T easurer on~/~~ b waived? Hearing notice posted~/_/ mailed~/~/~ I & M ~ ,~/~/~ v:. Hearing (s ) on,_/_/_ cont' d to_/•_/_, ~_ j_ withdrawn?~~ Decision due by,_/_/_ made~~_ filed. TC~,_/_ mailed_/_J_ See related cases lawsuits other ADDENDUM The Applicants, GREGORY CASSIDY and KATHLEEN CASSIDY, seek a SPECIAL PERMIT pursuant to Section 139-7D(2) of the Nantucket Zoning By- Law (the "By-Law"). The Applicants are requesting the SPECIAL PERMIT to own and operate a public stable on their property known and numbered as 139 Hummock Pond Road. The land is improved with asingle-family dwelling and horse barn with apartment above (the "Premises"). The Premises is located in the Limited Use General 2 Zoning District. The Premises consists of a lot of land approximately 80,022 square feet in size as improved by the two story single-family dwelling and two story horse barn with apartment above. The lot of land is conforming as to lot size situated in a zoning district with a minimum lot size of 80,000 square feet. The Premises is also conforming with respect to minimum frontage, front yard setback, rear and sideline setbacks and ground cover ratio. The Applicants propose to operate a public stable for the purpose of giving horseback riding lessons and the boarding of horses. The Zoning Board of Appeals may grant this Special Permit request because the use of the Premises as a private stable for the purpose of giving horseback riding instruction and the boarding of horses is not substantially more detrimental to the neighborhood nor the environment, than existing or permitted alternative uses of the Premises. The Applicant respectfully requests that the Board vote in favor of the requested SPECIAL PERMIT. CASS1DY~sbbiadd .. 2-89 BoA Form ~/ NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 ASSESSOR'S LIST OF PARTIES IN INTEREST PROPERTY OWNER: (~~ ~`~ ~~ I.HSS~v`r' ~a~~~h APPLICANT FOR RELIEF (SAME? ~ )= ADDRESS OF PROPERTY: ~7aq ~V~YIYYLDCk "Q P~AO * ASSESSOR'S MAP - PARCEL: S ~ - ~~`Y * LIST OF PARTIES INCLUDING ADDRESSES *(OR SEE ATTACHED ): I certify that the foregoing (or the attached ) lists all persons, natural or legal, 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 land owners within three hundred feet oearhon property line of Owner's property, as they (and their address) app the most recent applicable tax list [per M.G.L. c.40A, §11 and Zoning Code Chapter 139, 139-29D(2)l• Assessor's Office Date Town of Nantucket *NOTE: Applicant (Petitioner) should include with the lot for which zoning relief is sought, any commonly-owned abutting lots which might become involved in the zoning matter. List map and parcels for each abutter. Submitted Vaughan and Dale, P. C. Date: Client: S j ah/PORAtS/boa ,12/08/98 TOWN OF NANTUCKET PAGE 1 11:19:34 OWNER'S MAILING ADDRESS LIST MUAS750 8.7 Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip P roperty Locat ion 0057 00143 POOR MARK W & ANN B 0037 FAIR ST 0008 DEER RUN RD NANTUCKET MA 02554 0057 00145 ALLEN PHILIP & DENESE PO BOX 3194 0006 DEER RUN RD NANTUCKET MA 02584 0057 00131 DUNHAM DAVID & BRENDA PO BOX 2069 0016 DEER RUN RD NANTUCKET MA 02554 C057 0013 MCGRADY ROBERT D 251 BOYLSTON ST 0017 DEER RUN RD WATERTOWN MA 02472 0057 0016 SPENCER WILLIAM W 0003 DEER RUN RD 0003 DEER RUN RD PO BOX 285 NANTUCKET MA 02554 C057 00111 MCGRADY ROBERT W & THERESA M PO BOX 244 0123 HUMMOCK POND RD NANTUCKET MA 02554 0056 0064 GRANT ROBERT M & CYNTHIA G 0006 MILLBROOK RD 0006 MILLBROOK RD NANTUCKET MA 02554 0056 0063 REIS MYLES M & PRISCILLA L PO BOX 113 0004 MILLBROOK RD NANTUCKET MA 02554 0056 0392 REIS MYLES M & PRISCILLA L PO BOX 113 0000 MILLBROOK RD NANTUCKET MA 02554 0056 0393 REIS MYLES M & PRISCILLA L PO BOX 113 0000 DEER RUN RD NANTUCKET MA 02554 0065 0003 LAMB MARIE L PO BOX 299 0149 HUMMOCK POND RD NANTUCKET MA 02554 0065 00031 LAMB ROBERT W & DONNA M 143 HUMMOCK POND RD 0143 HUMMOCK POND RD NANTUCKET MA 02554 0065 0004 LAMB MARIE L PO BOX 299 0141 HUMMOCK POND R~ NANTUCKET MA 02554 0066 0130 JOHNSON SALLY R BOX 552 0132 HUMMOCK POND RD NANTUCKET MA 02554 0066 0129 MORCOM KIMBERLEE J & RICHARD E 128 HUMMOCK POND RD 0128 HUMMOCK POND RD NANTUCKET MA 02554 UMBER OF RECORDS = 15 ~:.• .fia . ~,. f 000080 n73~2'7 lANO COURT. 805TON Th: 4 . r;~ hGein d~trxcd ~~~ be :!• ~,:a On Our y: d~r~r.1:',y~ !0 6. • , . a5 OEC 1 0 1897 Plvi ~ Qc; t7 7 _ Loins A. ~cc:a Er ., x~rrs:rr~, . i OUITCLAIM D~ ROBERT W. MCGRADY, of P.O. Box 249, Nantucket, MA 02554 in _ consideration of ONE HUNDRED SIXTY-ONE THOUSAND AND 00/100 ;:Qy.. ($161,000.00) grant to GREGORY A. CA.SSIDY and KATHLEEN C. CASSIDY _:;~3' as joint tenants with right of survivorship of P O , . . Sox 591, ~* ' Nantucket, MA 02554 with QUITCLAIM COVENANTS, the land situate at "~ 139 Hummock Pond Road, Nantucket Town and Cou t n y, Massachusetts ~~.i,,, , bounded and described as follows: e' ," " SOUTHEASTERLY by Hummock Pond Road, 150.00 feet; r ''.. l ~. SOUTHWESTERLY by land now or formerly of Lamb ~ , 527.71 feet; fig. NORTHWESTERLY by Lot 25 on Land Court Plan 33861-5 , 152.70 feet; and ~ NORTHEASTERLY by Lot 36 on Land Court Plan 33861-0 I , 531.74 feet. Containing 80,022 square feet, more or leas, and being ~w shown as Lot 37 on Land Court Plan 33861-0, being a subdivision ~,,. ~;, of Lot 30 on Land Court Plan 33861-L. ~ For Grantor's title see Certificate of Titl i e No. 9122 and j ) Certificate of Title No. 16222 at Nantucket Registry District for I the Land Court. .. ., . r.., . _ _ _ _... '`~`~' 000081 07842'7 WITNESS my hand and seal this ~%•~~~ day of December, 1997. ` Robert W. McCrady COMMONWEALTH OF MASSACHUSETTS Nantucket,ss December tS~~ 1997 Then personally appeared the above-named Robert W. McCrady and acknowledged the foregoing to be his free act and deed, - .before me .~.r....~~-/ Notary Public `'~.. '. My Commission Expires : / Y~ U ~ : ~ " f ;. . _ _...~ L'EEDo F. 4 ~ ,., ~~ ' NAN~iUC~:ET . ~~(' .a .3~a20~0U 77/31/97 . ; .. .. " ' _ j ~,~ .~GSr/L ..~~~a~~yr. ,.:. I ~.,~.,~._.:__••~~t~lLjL~t_l.__ TAX 734.16 CASH 734.16 ' 1461AU1(i 14:25 EXCTbE TAX ,ti.; ; ,. _. S~_;~ _ ..` A `.;,~~ ; z R k 4 s` . •'S SUBDIVISION PLAN OF LAND IN NANTUCKET Nantucket Surveyors Inc., Surveyors December 6, 1996 s 33867 O O ~ 27 13 L. C. No. 3)861 K ~ C. C. No. 3.386 Q , (40.00 wide) , _ _ S 4 ~~ ~ NZ. 4s'- ~ 10.00 wide),. ~ . ~. Ce~f. No. JJ661~ - - E.Ceii ':Elep9'~ EOSementlol 1, A _ , 2 .; 2 ~i o '~ N4f TXJ~00£ m'a'a~"•` 64~ ~~ij ly '~''- 152.70 ~ ~ "--- 150.50 ---'i ``480 1~~~ ~~.p ~/Co ~ ' f ,__4 yry Quo i F ~- ~ 3 ~ F O b ~O 6 ~'~ ~ h tp 7 / ~'o ~i 2 ~ ~ 1S 'fn' J~`~6iC ~":' ~.-'- 279.78 ?s>'~ '~, ~'F3 .~ W ~ 0 ~'~ 545'!5 57'W e ~ ~ • + ~, ~ .m ' ~ ~ c •m 2O ~ r . n ~ n 37 ~ 36 ~ ; ~ ~ m ;~ , h«,r z h 39 ~ ~~, ~ z i~ m " ~ ~ ~' ~ y • ~ ~ ~o ~ U ryl , ~ \h ~ i ~o;~o. i 4 `~~ 'o ~ .m ' ~ - ~ .150. . r' 150.00 .. ~[iJ. 46- ~ ~ 00= _ _ 86.54 ~ ~ .~ ~ ~:~ ~~ W Vii ~ g. 156 12 _ ' a h• _______~ 545~5T1'W q'~e gd4,B q~cf57557"W - B .' ~~--HUMMOCK POND ~,C~4D ~- ----~; LC. Na J9f56A Subdivision of Lots 30 and 31 -- Shown on Plan 33861-L and 33861-M Fled with Cert. of Title No. 9122 and 12647 Registry District Of Nantucket County Separate certificates of title moy be issued (or land shown hereon as 36 through 39 By the Court. ~ /, 714 / ,~ seer. 16, 1997 JJJ"` ~<<~~ Rec er WAW-0277 Cavy d pat or plop r,~e r, - LAND R£GlSTRAT/ON OFf/Cf SEPT. 76, 1997 Seale o/ this pIaH 100 /erf fo on indf Louis A Nova fngireer Tar ravf ~_ 0 z ~~ LLI H 3 a SERYE.4I.AJBS~N596512BAP1AN P~ ~~ ay ~a ~~ ~o ~ ~ ~ P j ~ ~ 51uGG ryy\JQ 5~6• ~ ~ i 1yti, s I I DHCB POB FlJD ~ 0 ~ . ~ ~ ~ a ~, y'O~9 °.s 9~i- 9~ 2 \~ !~`AS 'SJ j LOT 37 AREA = 80, 022 ~S. F. ~o \ r c `9ys l9~m ~~O ~~ J. Sl'I.LIVPN _ Na 37060 x ZONING CLASSIFICATION DISTRICT: LUG 2 =LIMITED USE GENERAL 2 MINIMUM LOT SIZE = 80,000 Sq. Ft. MINIMUM FRONTAGE = 150 Ft. FRONT YARD SETBACK 35 Ft. REAR do SIDE LINE SETBACK = 15 Ft. MAX. GROUND COVER RATIO 4y s ~/~' ~ ~ / LOCUS MAP SCALE: 1"=2,000 BUILDINGS AS STAKED DHCB ~` r RO^OStD DHCb . ~ ^ \\` ~\ OnELGMG FND. ry,,yk RO ` ;~ J i '. `~ ~` ^` 1 ~ C ~, ^ o~' _ (v ', ,~ o ,' ,' 4 y ., ~~~ G ,~0 ~~~ PLOT PLAN SHOWING BUILDINGS UNDER CONSTRUCTION IN NANTUCKET, MASSACHUSETTS SCALE:1 "=60~ DATE: DEC. 14, 1998 DEED REFERENCE: L.C.DOC.~/78427 PLAN REFERENCE: L.C.PL.//33861-0 ASSESSOR'S REFERENCE: PE"D''6 MAP: 57 PARCEL: 14.2(roanaH oh PREPARED FOR: GREG do KATE CASSIDY NANTUCKET SURVEYORS INC. 5 WINDY WAY NANTUCKET, MA. 02554