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HomeMy WebLinkAbout016-99TOWN OF NANTUCKET BOARD OF APPEALS I~1~NTUCKET, MASSACHUSETTS 02554 Date: April q 19 99 Application No.: Owner/Applicant: JOHN F. MEZZANOTTE, ANNE J. CAWLEY (0'ROURKE) AND BARBARA YANKE, FOR THEMSELVES AS OWNERS To: Parties Decision of following: in Interest and. Others concerned with the the BOARD OF APPEALS in the Application of the 016-99 AND FOR GREGORY P. RAITH, CONTRACT PURCHASER 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. Dale W. Waine ~ Chairman 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. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 Assessor's Map 66 Parcels 103 and 68.2 (portion) Nant. Planning Board File No. 6307 8 Marble Way (formerly, now known as Bartlett Road) Lot 170/L.C. P1. No. 28933-T Cert. of Title 9177 At a Zoning Board of Appeals Public Hearing held on Friday, March 12, 1999, at 1:00 P.M., in the Conference Room, at the Town Annex, 37 Washington Street, Nantucket, Massachusetts, on the Application of JOHN F. MEZZANOTTE, ANNE J. CAWLEY (0'ROURKE) AND BARBARA YANKE, for themselves as Owners and for GREGORY P. RAITH, Contract Purchaser, of 256 North Main Street, Wallingford, CT and P.O. Box 3427, Nantucket, MA 02584, respectively, Board of Appeals File No. 016-99, the Board made the following Decision: 1. Applicant (Raith) is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-Law §139-9B(2)(a), (b) and (c) (light manufacturing; storage and warehousing; and fabrication and assembly of component parts, respectively). Applicant proposes to conduct a landscaping business from the Locus, a vacant lot, with properly screened outside storage areas and will construct two (2) structures that would be used for storage purposes related to the business. All dimensional, parking, loading zone and green space requirements would be met. The Premises is located at 8 MARBLE WAY (FORMERLY, NOW KNOWN AS BARTLETT ROAD), Assessor's Map 66, Parcels 103 and 68.2 (portion), of which shows as Lot 170, on Land Court Plan 28933-T, a subdivision of Land Court Plans No. 28933-E & F on an "Approval Not Required" subdivision plan filed in Nantucket Planning Board File No. 6307. The property is zoned Residential-Commercial-2. 2. The Board's Decision is based upon the Application and materials submitted with it and the evidence and testimony presented at the Hearing. There was one () letter in support and one (1) letter in opposition on file. The Planning Board recommended that the relief not be granted until an adequate site plan be submitted, which was done prior to the Hearing on March 12, 1999 3. The Applicant is the Contract Purchaser of the subject property, a vacant lot on Bartlett Road. The Lot is located in the Residential-Commercial-2 zoning district and meets the minimum requirements having an area of 13,457+ square feet where 5,000 square feet is required and 66.00 feet of frontage where 40 feet is required. The Applicant proposes to use the Premises for the operation of his landscaping business, which would include the properly screened open storage of goods and materials, i.e., trees, shrubs, plants and other landscaping materials. Landscaping equipment and the like would also be stored in an on-site 785+ square-foot barn and 168+ square-foot shed constructed on the Lot. Applicant proposes to leave a permanent vegetative screening around the perimeter of the property as indicated on the "Site Plan - 76 Bartlett Road", done by Blackwell & Associates, Inc., dated March 8, 1999, with the parking area located towards the rear of the Lot. Seven (7) parking spaces and a loading zone would be provided on site. 4. The Board finds that so long as the interior areas in connection with this business are less than 4,000 square feet, and the total area of interior and exterior uses does not exceed 5,000 square feet (and none of the other threshold criteria are met), the provisions of Nantucket Zoning By-Law §139-10 for Major Commercial Developments are inapplicable and the Board of Appeals has Special Permit jurisdiction over the project. The Board further finds that the grant of Special Permit relief for the uses as proposed would be in harmony with the general purpose and intent of the Zoning By-Law that the uses would not be inherently in violation of Zoning By-Law §139-7E(4), which prohibits structure and uses which are injurious, obnoxious, offensive, dangerous or a nuisance to the community or to the neighborhood through noise vibration, concussion, odors, fumes, smoke, gases, dust, harmful fluids or substances, danger of fire or explosion or other objectionable features detrimental to the community or neighborhood health, safety, convenience, morals or welfare. 5. Accordingly, by a UNANIMOUS vote, the Board of Appeals voted to GRANT the requested relief by SPECIAL PERMIT under Nantucket Zoning By-Law §139-9B(2)(a), (b) and (c) to allow the use of the Locus as proposed subject to the following conditions: a. Any hazardous materials stored on site shall be handled in accordance with all applicable Federal, State and local regulations; b. Hours of operation of commercial activity on the Premises shall be between 7:30 A.M. and 6:00 P.M. for work performed outside of the buildings and no work shall be performed outside of buildings on Sundays; c. The owner shall plant and maintain dense vegetative screening where indicated on the "Site Plan - 76 Bartlett Road", done by Blackwell & Associates, Inc., dated March 8, 1999, and maintain existing vegetation around the perimeter of the commercial use on the Premises, substantially as shown on said Site Plan; d. There shall be no major equipment maintenance on the Premises; and e. The commercial use on the Premises shall be limited to a landscape business, and the use shall not change without further relief from this Board. 6. The Board by a unanimous vote, approved and endorsed said Site Plan as submitted, with the added notation that there would be a shared driveway with the property to the southwest, with each Lot containing approximately standards of Minor Site By-Law §139-23. Dated: April "1 1999 12.5 feet of driveway width, pursuant to the Plan Review set forth in Nantucket Zoning inda F. Will'ams oy M' el J. O'Mara RECEIVEQ~ 1~01NN CLERK'S OFFICE 'VAfJTIICKET. MA 02554 a e W:~Wai 1 Nancy Se rens ~5~~ +:~LERK:.~~.1_~~. 'DOWN 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, MARCH 12, 1999, in the CONFERENCE ROOM, TOWN AND COUNTY BUILDING, 37 WASHINGTON STREET, Nantucket, Massachusetts, on the Application of the following: JOHN MEZZANOTTE, ANNE J. CAWLEY (O'ROURKE) AND BARBARA YANKE, FOR THEMSELVES AS OWNERS AND FOR GREGORY P. RAITH, CONTRACT PURCHASER BOARD OF APPEALS FILE N0. 016-99 Applicant (Raith) is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-Law §39-9B(2)(a), (b) and (c) (light manufacturing; storage and warehousing; and fabrication and assembly of component parts, respectively). Applicant proposes to conduct a landscaping business from the Locus, a vacant lot, with properly screened outside storage areas and will construct two (2) structures that would be used for storage purposes related to the business. All dimensional, parking, loading zone and green space requirements would be met. The Premises is located at 8 MARBLE WAY (formerly, now known as Bartlett Road), Assessor's Map 66, Parcels 68.2 and 103, a portion, of which shows as Lot 170, on Land Court Plan 28933-E ~ F. The property is zoned Residential-Commercial-2. ~ECEi`VEt~ -- ("OWfy CLERK'S OFFICE C NA~!'?'l)CKET. MA Q2554 Dale W. aine, C airman ,_. -.~, 2 4 ~~99 i fVi E : I U : cv a.~. ~,yF _ _ .... ___.a__ .~._ ~:.i_I^RK:___~_1~ THlS NOTICE IS AVAILABLE IN LARGE PRINT O~R E~TH1=R ALTERNATIVE. FORMATS FOR _ ASSISTANC;E~ VALL _ _.__,- __ _ (50~~'~Z~8=721 ~ . ~` ` -- - - ._ . - - - - - - -. BoA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 /~~ jQ Case No . CJ~ ~~ APPLICATION FOR RELIEF Owner's name (s) John F. Mezzanote, Anne J. Cawley, and Barbara A. Yanke Mailing address : 256 North Main Street, Wallingford, CT Applicant' s Name : GreQOry P. Raith Mailing Address : P.0. Box 3427, Nantucket, MA 02584 Location of Lot : Assessor' s map and parcel number ~~ - 68.2 (portion) Street Address : Bartlett Road (formerly 8 Marble Wa ) ANR subdivision plan dated 12/11/98; Planning Bd. ~~6307 Registry Land Court Plan Lot 170 on Land Court Plan No. 28933-T (pending) Date lot acquired : 5 / 9 /89 Cert . Ref 9177 Uses on lot - commercial: None x or MCD? - number of: dwellings 0 duplex apartments rental rooms Building date(s): all pre-8/72? or n/a C of O? Building Permit appl.Nos. Case Nos. all BOA application Nos. a State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose compared to present and what grounds you urge for BoA to make each finding per Section 139-32A if Variance, 139-30A ~_ if a Special Permit (and 139-33A if to alter or extend a nonconforming use). If appeal per 139-31A & B attach decision or order appealed. OK to attach addendum See Addendum A attached. Items enclosed as part of this Application: order ~ addendumXXX Locus map XXX Site plar.,r _ showing present +planned __ structures Floor plans present- proposed elevations (HDC approved ) Listings lot area frontage setbacks GCR parking data _ _ Assessor-certified addressee list 4 sets___~ .,sailing labels 2 sets $200 fee payable to Town of Nantucket proof3 'cap' covenant 1(If an appeal, ask Town Clerk to send Bldg Comr's record to BoA.) I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: By: Attorney/Agent XXX 3 (If n issa ilb ick FOR oA OFFICE USE / C~`22~LJ Application copies recd: or for ^^BoA on ~ C~/~by One copy filed with Town Clerk on2/ /c~ by complete?~ One copy each to Planning Bd and Building Dept%~ by $200 fee check given Town Treasurer on~%~~~ by waived? Hearing notice posted?i ~--~ -L'~mailed ~/~t~,~ I &M~/_/ ~ /~,/ Hearing (s ) on_/_/_ cont' d to_/_/_, _/_/_ withdrawn?_/_/_ . Decision due by_/_/_ made-/_/_ filed TC_/_/_ mailed-/_/_ See related cases lawsuits Zoning district RC-2 other /** all with proper sign-offs; 13875-96 open permit for ongoing renovations. _ --tom ~s~'d. ~~ --~ti~";gip; 01 ~ ~tNi 666 ~ ~ ~- 3~1~~0 SJib~~~ i_ ,. _. a3A13~3a 2-©3- ~ 999 ~ : ©7F~r~1 F~ur.~ KEITH YANKUbv LAJti uFC 5~8 228 b6y8 r'- KEITH M. YANKOW 147 Orange Street P. O. Box 675 Nantucket, Massachusetts 02554 '~etephone (508) 228-6688 February 3,1999 Emily Avery, Esq. v:.~ ex P `~'` ~`' '~ ~'+r"t ~~x Melissa D. Philbrick, P.C. Zerv Main Street, Second Floor Nantucket, MA 02554 RE:Meuauote et. al to Raith Lot 170, Subdivision plan Planning Board File 6307 Bartlett Road, Nantucket, MA Dear Emily: FacsfYnile (508) 228-6698 As attorney for the Seller, please accept this letter as authorization for your clients to file, at their expense, application with the Nantucket Zoning Board of Appeals fvr relief necessary to use the above referenced lot for their landscaping business. They nnay apply to the ZBA as Contract Vendee, purusant to the Offer to Purchase. I will have a draft of the proposed Purchase and Sale Agreement to you forthwith. Should you have any questions, please do not hesitate to contact me. Si ly, th M. ank KMX/rh ADDENDUM TO APPLICATION Gregory P. Raith Lot 170 on Bartlett Road The Applicant is the contract purchaser of a vacant lot located on Bartlett Road, which is a portion of Nantucket Tax Assessor's Map 66, Parce168.2. The lot is shown as Lot 170 on an "Approval Not Required" subdivision plan drawn by Nantucket Surveyors, Inc., dated December 1,1998, endorsed by the Planning Board on December 14,1998, in Planning Board File No. 6307 (Land Court Plan No. 28933-T (pending)). The lot is located in the Residential Commercial-2 zone district. Pursuant to the Nantucket Zoning By-law, the lot meets the minimum requirements of the RC-2 zone, having an area of 13,457± square feet where 5,000 square feet is required and 66.00 feet of frontage where 40 feet of frontage is required. The Applicant is seeking relief by Special Permit under sections 139- 9(B)(2)(a), (b), and (c) and 139-30A, to allow the use of the premises for light manufacturing, storage and warehousing, including properly screened open storage of goods and materials and fabrication and assembly of component parts for off-site construction or use. The Applicant proposes to use the lot for the operation of his landscaping business, a personal service permitted in the RC-2 zoning district pursuant to Nantucket Zoning By-law section 139-9(A)(5). The Applicant's landscaping business will include the storage and care of trees, shrubs, plants and other landscaping materials on the property. Landscaping equipment and the like will be stored in an on-site barn and shed to be constructed on the premises. The Applicant will leave a permanent screen consisting of the current natural trees and vegetation from Bartlett Road and other property lines. The structures and parking for the landscaping business will be oriented toward the back of the lot. The landscaping business will be a quiet operation not open to the public, where plants and other natural materials will be stored outside and equipment will be stored in appropriate structures built in accordance with the Nantucket Zoning By-law. The proposed landscaping business, with exterior storage properly screened, will be in harmony with the general purpose and intent of the Zoning By-law. The Applicant also request minor site plan review and approval pursuant to Nantucket Zoning By-law section 139-23. as-s: 4' ~ S{-!1 YL i ~ IS qf~ } 415 I2 11~ N~ '. „~ ^ P'~ ~ to +cv n 1' Lc• 14 a ~ '~ ~J, ~ 129,90: _ ac' • ~~ 1~ cr ~ • ,jy, t~ N jO 1! y ~y{ ,S ti Z(1 ~ 2 t ti+ o~ ^y ~~. ~ 1 e 11 t.F,y~~ e.. 4 3 1 2f° 1s 71 19.1 }I.fA 4 S ~ ~ ^y 1 .. d ~ f7 Ov N w 4 + 2 a fl ~~ ~ ~ r 2,N v 3 Z+~ 17 e~ » zef '_ ~ 3~ f0 M1p ~ Z 1 ~i7 4' „ i ~ 1'~S f •s ~~I. •~ : r r L.LOA~ y ry M fs " > 3~ ~b 3.1 h PO M11A ry ~ 'J~ ' y n bQ~ oA ~f ~i ~ LOff ROAD ~ D ~~ ,r ~' , z ~ 3n' 35 ft 361 » -jOPPINb LIFT 3'11 is° i .., ~~'t, .P 114 IAA a q b 3q~1 y~v 117 f~ 'j° ~ 3~~ ,~qS ` s 2J.. .! y ~Q" 112 3 ; o~ ~ III 39'! ;,Ir . `~, d. `' Ilo ~ 311 Q-~ b 3'1~ ;o, .. 11 a ~ ~ f ~ ~ los 11s 3 3 ,~Ib 3,> ~ E 36e + r 3 i,t .~ 117 r. loo ils~ s~Sy ~ 3 ~ ~ 3.11 ~ 23 t ~QI, 3.7A d'pj ~ j9a + log 11s~i /ap.P; ilr or A a7~ S 41 f 3'll i9 4oESK4 i ~S D 4 ~7 111 ,Hp`f ,~ lol '~ e1 3 b93 3~ ~ ~a 4aO zti 3 r ae~E ~ loa- ~ d, ~~ , ~ ' 24 ze MAC ~ tos ~I a 3 ~ A ~ s~2 ~ ~~ f3 1 A' 10• l04 f~ `, 2 ~ ~~ ~ ~~ T» liy , ~ 3 y !y 70 2f ~`2 q fs ° ~ *,+n~d~ ~o .I' " ~~ N a J7o J.~ c , THJRSTO ~o~ ,,~~: by ~ >~' ~ ~ 3u =3~ y 33~ 31 Sz ~. ~p,~ ~~~ ,7 ~$~ tft 4 Rt ~ , -"`~c>IfP L,y to ea 'A'^~^~ F"~-z!C r 1'h~ 3'~~ ~ 7tL1 1 W ~~ ~ ~ '' p v ~ +z ,}3'f ~ ~ sr Sa a r/ ~ a`o l.Jv CAS ~ ~j ~ a b°' su t ~ ~y~ .1 ~ atl ~ V s+P 4z ~ , 1~ ~ ,.. ~y ~ yO43 r Y" ` ,y • f tir sf,p 4s i ~ ` ~k 2 62 ~ li •? -66 , ~~ ~ ' ~ ~ .~ ~~~ 1 LIA J~ ~ I ~ ~ - ~ ~ ~ C~ ~ a9 ,~;; ;~ ~t 7.lA '~A % ~~ ::~ ~~_ .. j' ~ S ~., - 1 Z ~ ,3 ~~_ _ ' el 0 A ~,~ BOA FORM NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 ASSESSOR'S LIST OF PARTIES IN INTEREST 2/89 PROPERTY OWNER :.?OE-IN F I~IE~~AN U~~ ~. hlnJ7 C.~ W l,EL1 ~ 3g ft-C~.A'CI.A ~ y pl~l IC,E APPLICANT FOR RELIEF `(,,SAME? ) COI(,EC?OK.`t P (~~ I 1 ~-I ADDRESS OF PROPERTY: WT (~T ~AILTLE~ ~j,.~1,0 /FO~L.(Yl~(Z-CJ~-I VYll4ll,~(.f" ~~ ASSESSOR' S MAP/PARCEL : ~0 ~a - ~0 g~ ~ l~OI1~1.0 ~ (` l3T$7T_* 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 of the property line of Owner's property, as they (and their address) appear on the most recent applicable tax list [per M.G.L. c. 40A, §11 and Zoning Code Chapter 139, §139-29D(2)]. Date Assessor's Office 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 by: Melissa D Philbrick, Attorney ~~ Date : ~°. -a.=~ 9 Client : 'R.4 l'T~-1 Forms/BOA 02/05/99 TOWN OF NANTUCKET 12:48:22 OWNER'S MAILING ADD RESS L IST Map Block Lot Owner's/Co-Owner's Name Mailing Address/Cit y Stat e Zip Pr operty Location 0066 0107 BURCHELL EDWARD N PO BOX 2438 0078 SOMERSET RD NANTUCKET MA 02584 0066 0119 MARINE LUMBER CO INC 0134 ORANGE ST 0013 MARELE WY NANTUCKET MA 02554 0066 0118 CASSIDY MARY A ?0 EOX 834 0011 MARBLE WY C/0 SENEGAL MARIA NANTUCKET MA 02554 0066 0109 BURCHELL EDWARD N PO BOX 2438 0076 SOMERSET RD NANTUCKET MA 02584 0066 0110 BURCHELL EDWARD N PO BOX 2438 0074 SOMERSET RD NANTUCKET MA 02584 0066 0117 BURCHELL EDWARD N PO EOX 2438 0005 MARBLE WY NANTUCKET MA 02584 0066 01181 SENEGAL MARIA F 1535 PUFFIN CT 0007 MARBLE WY PASADENA MD 21122 0066 01061 BURKE MARY C & OLDS DEBORAH A 0016 MEADOW CT 0016 MARBLE WY FAIRFIELD CT 06430 0066 0106 BURKE MARY C & OLDS DEBORAH A 0016 MEADOW CT 0014 MARBLE WY FAIRFIELD CT 06430 0066 0105 *WEBER JOHN 12 MARBLE WAY 0012 MARBLE WY NANTUCKET MA 02554 0066 0104 GIOIOSO TOMMASO 0025 ANGELA RD 0010 MARBLE WY BRAINTREE MA 02184 0066 0103 MEZZANOTTE JOHN F ETAL 2 MELCHER PL 0v06 MARBLE WY TOPSHAM ME 04086 0066 0102 JOHNSTON DONALD R JR & COPJSTAN BOX 323 0004 MARBLE b!Y NANTUCKET MA 02554 0066 0101 *THURSTON FRIEDA LIFE ESTATE PO BOX 2487 0002 MARELE WY NANTUCKET MA 02584 0066 0407 LAPIENE ROBERT S 0013 BAYBERRY LN 0064 BARTLETT RD NANTUCKET MA 02554 0066 0406 NEWMAN JOHN L TR PO BOX 2113 G068 BARTLETT RD THREE COCONUTS REALTY TRUST NANTUCKET MA 02584 0066 0408 ALOISI SAMUEL J & LYNNE fit BARTLETT ROAD 0062 BARTLETT RD NANTUCKET MA 02554 0066 0409 PATERSON NEIL 0011 BURNT SIJAMP RD 0060 BARTLETT RD NANTUCKET MA 02554 0066 0410 *NANTUCKET HISTORICAL ASSN PO 50X 1016 0066 BARTLETT RD NANTUCKET MA 02554 0066 0067 NANTUCKET ISLANDS LAND BANK 0022 BROAD ST 0070 BARTLETT RD NANTUCKET MA 02554 PAGE 1 MUAS75C 9.1 NUMBER OF RECORDS = 20 N ,'` in J U Q o U m O O W 60~ O J N ~ ~ / ~ ~p~F" pbo ~~d'be II 0 ~ ~ ~ o~,6~s~ ~ ~ Q N , li II II --~ S s ~ r~S~~~os U W O w o U O ~ o ~ = o (n ZN ~~ II mQ F- ~ L/ ~- w p z d OW II YW p ~ ~ ~ F~ II Q~> W J m RM U II WC7~ O Z O,~,a ePQ~~~ pp0 U N~ N Z~ _.J Q ~~ ~ O QU ~--OpOZ °4. .J~ ~~~NO ~ U Q O ~s ~ ~~~~~ Z ~ ~_ _~ Z ~ X Z N Z_ Z O Q ~ Q ~ ~ ~ ~ ~ w p N ~ ~ w ~ _ 00 0 n/ /' ~ ~ ~ co I ~ ~D ai Z ~ / O U p (~ S Z ~~ ~ W .~ ~' ~~.N .~ m ~ ~ o r r m Z J m 1 oz 1 ,~ 1 ,~ \~ ~~ Q ,~ 0~6 ~~ ~ o 3 ~ a ^~ ~~ ~u W ~ 21 ti°~ O S ~ ~< ~ ~~~~ H ~ Z O K~=~ ~ ~ y W a ~~~U~UI W ~ ~ ~ ~ ~ ~ ~~`~~~ i ~$ 1$~• ~h ^~ ti~ O ~~ W Q ~ ~ -y6 ~1 ~9 ~~'°9s~,P~~ ~i O ~ ~ II W e S U ? 0~.9 v m 9 tl' ~ m ~. 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