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HomeMy WebLinkAbout041-99TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: June 17 ~ 19 99 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 041-99 Owner/Applicant: JEFFREY KASCHULUK AS TRUSTEE OF NANTUCUT REALTY TRUST, OWNER AND WALTER J. GLOWACKI, JR. 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 LIMJT 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 37 Washington Street Nantucket, Massachusetts 02554 Assessor's Map 69, Parcel 14 (part) Land Court Plan 16514-31 130 Old South Road (part) Lot 575 Residential Commercial-2 Cert. of Title No. 16764 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, May 14, 1999, at 12:00 noon, in the Conference Room, in the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, the Board made the following decision on the application of JEFFREY KASCHULUK, as TRUSTEE of NANTICUT REALTY TRUST, Owner, and WALTER J. GLOWACKI, JR., Contract Purchaser, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File- No. 041-99: 2. The Contract Purchaser is seeking a SPECIAL PERMIT under Nantucket Zoning By-law §139-9.B(2)(d) (petrochemical storage and transfer facilities in properly constructed packaging containers). The Contract Purchaser proposes to use the subject property (the "Locus") for the storage of petroleum products in three properly-constructed 3,000 gallon tanks. The total area of commercial uses upon the Locus, including oil tanks to be placed upon a concrete pad and an office building, would not exceed the threshold minimums for a Major Commercial Development under §139- 11. The applicants have also requested site plan approval under §139-23. The Locus is situated at 130 OLD SOUTH ROAD (part), Assessor's Map 69, Parcel 14 (part), is shown upon Land Court Plan 16514-31 as Lot 575, and is situated in a Residential Commercial-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 favorable, subject to revisions to the site plan as originally proposed, installation of an oil and gas separator, and the proposed driveway being designated as one way in and one way out. The Planning Board further noted that because two driveways are proposed, a Special Permit from the Planning Board will be required under By-law §139-23, as amended at the 1999 Annual Town Meeting. Several neighboring property owners appeared with concerns about the proposed use, and opposition was expressed by one of these neighboring owners. 4. The Locus is situated in a Residential Commercial-2 zoning district, in which office use is permitted as a matter of right, and "petrochemical storage and transfer facilities in properly constructed packaging containers" are allowed by Special Permit where the Board of Appeals, as special permit granting authority, specifically finds, in addition to the other requirements of the Zoning By-law as to the granting of a Special Permit, that the use will not inherently be in violation of §139- 7.E(4) [§139-7.E(4) prohibits in all districts 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 feature detrimental to the community or to neighborhood health, safety, convenience, morals or welfare".] The Locus is not situated within the Public Well Recharge Overlay District, in which storage of hazardous or toxic materials is expressly prohibited by §139-12.B(2)(b). There is no zoning district in Nantucket which is solely to be used for commercial uses and in which residential uses are not permitted as a matter of right. 5. As presented by the applicants, they propose to use the Locus for the storage of home heating oil in three 3,000-gallon storage tanks, to be placed upon a concrete pad and with appropriate specifications, as shown upon the final site plan as endorsed by the Board of Appeals, to prevent spillage and damage to ground water and the surrounding area. The heating oil will be delivered and removed from the site by tank trucks. There will be no gasoline stored or sold upon the Locus, and there will be no retail sales. The Contract Purchaser proposes to construct an office in a small office building upon the Locus. The Contract Purchaser will provide a security fence and appropriate screening, also as shown upon the approved site plan. 6. The majority of the Board of Appeals which voted in favor of the requested Special Permit noted that the Locus is situated within a Residential Commercial-2 zoning district, in which commercial uses are generally permitted, and that, with the Locus being situated outside the Public Well Recharge Overlay District, the Locus is suitable for consideration as the site for a transfer facility for home heating oil. With regard to the general prohibition of obnoxious uses under §139-7.E(4), it is to be noted that if petrochemical storage and transfer facilities were to be considered to be inherently detrimental to the neighborhood or community, there would be no reason for the Town Meeting which adopted the provisions of §139-9.B(2)(d) to have inserted the language permitting this use by Special Permit. Rather, if the use is appropriately conditioned and suitable methods are used to prevent damage by the use of containers with proper specifications, it cannot be considered to be inherently obnoxious or otherwise prohibited by the language of §139-7.E(4). 7. The opponents of the project noted the close proximity of residential and mixed uses within this same zoning district and expressed concern as to the potential dangers to the neighborhood from the storage of petroleum products. 8. After deliberation, the majority of the Board of Appeals which voted to grant the requested Special Permit considered that 2 with conditions set forth in the site plan as presented to the Board of Appeals and the further conditions set forth in this Decision, and as further revised as shown upon the site plan as endorsed by the Board of Appeals, the project would not fall within the prohibition of X139-7.E(4). Accordingly, by the vote of four members in favor (Waine, Williams, Parent and Murphy) and one opposed (Sevrens), the Board of Appeals made the finding that the proposed use of the Locus for the storage and transfer of home heating oil, conditioned as set forth herein, would be in harmony with the general purpose and intent of the Zoning By-law, and specifically would not inherently be in violation of ~139- 7.E(4), and GRANTED the requested SPECIAL PERMIT, subject to the following conditions:. (a) The petroleum products to be stored upon the Locus shall be limited to home heating oPl; no gasoline shall be stored upon the Locus. (b) There shall be no retail sales upon the Locus. (c) The commercial activities upon the Locus shall be screened and fenced, as shown upon the site plan endorsed by the Board of Appeals. (d) The project shall be constructed and operated in compliance with all of the provisions and specificatio s as et forth upon the site plan endorsed~by the d of Appeal . Dated: June ! 7 1999 ~EDEii/ED TOWN CLER~<'S OFFICE NAfJTt.~CKET, MA 02554 JUN 1 7 1999 TiME:~_ ~3'~3`t ~_ /~-sS-~ _ CLERK:_ r:\WP\Kaschuluk\Glowacki\BOA D2cision.doc 3 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 12:00 P.I~i., FRIDAY, MAY 14, 1999, in the CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: JEFFREY RASCHULUR, TRUSTEE OF NANTICUT REALTY TRIIST, FOR ITSELF AS OWNER AND FOR WALTER J. GLOWACRI, JR. BOARD OF APPEALS FILE N0. 041-99 The Applicant (Glowacki) is seeking a SPECIAL PERMIT under Nantucket Zoning Bylaw §139-9B(2)(d) (petrochemical storage and transfer facilities in properly constructed packaging containers). Applicant proposes to use the subject property (the "Locus") for the storage of petroleum products in three (3) properly-constructed 3,000 gallon tanks. The total area of commercial uses upon the Locus, including oil tanks to be placed upon a concrete pad and an office building, would not exceed the threshold minimums for a Major Commercial Development under §139-11. The Premises is located at 130 OLD SOUTH ROAD (part), Assessor's Map 69, Parcel 14 (part), Lot 575, Land Court Pian 16514-31. The property is zoned Residential-Commercial-2. Dale W. Waine, Chairman THIS NOTICE IS AVAILABLE IN LARGE PRINT OR C~THCR ALTERNATIVE. FORMATS: FOR _ ASSISTANCE LALL (50~~r~22i8=721 ~ . ~- - - ._ . _ - - - - - - _ -~ - - ..- - -.- --- BOA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET February 3, 1999 NANTUCKET, MASSACHUSETTS 02554 CASE No. ~ - APPLICATION FOR RELIEF Owner's name(s): Jeffrey Kaschuluk, Trustee of Nanticut Realty Trust Mailing address: c/o Reade, Gullicksen, Hanley & Gifford, LLP Applicant's name: Walter J. Glowacki, Jr. Mailing address: Post Office Box 2669, Nantucket, Mass. 02584 Location of lot: Assessor's map and parcel number 69-14 (part) Street address: 130 Old South Road (part) ^-~i-__, Land Ct Plan, ",~ nb "^ ",~ ~'~,^ 16514-31 Lot 575 Date lot acquired: 3/31/95 Cert. of Title 16764 Zoning district RC-2 Uses on lot-commercial: None_ or Proposed oil tanks and office MCD? No - number of: dwellings _ duplex _ apartments _ rental rooms _ Building date(s): all pre-8/72? _ or _ C of O? _ Building Permit appl'n Nos. Case Nos. all BoA applications, lawsuits: None 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 x if a Special Permit (and 139-33A _ if to alter or extend a nonconforming use). If appeal per 139-31A & B _, attach decision or order1 appealed. OK to attach addendumz The Applicant proposes to use the subject property (the "Locus") for storage of petroleum products in three properly-constructed 3,000 gallon tanks. The Applicant accordingly requests a Special Permit under Nantucket Zoning By-law §139-9.B(2)(d), for petrochemical storage and transfer facilities in properly constructed packaging containers. The total area of commercial uses upon the locus, including oil tanks to be placed upon a concrete pad and an office building, will not exceed the threshold minimums for a major commercial development under 5139-11. The site plan submitted herewith shows two driveway entrances to enable through traffic; an application for a Special Permit for two curb cuts will be filed with the Planning Board. The Applicant further requests site plan approval under 5139-23. Items enclosed as part of this Application: orderl_ addendumz _ Locus map x Site plan x showing present _ + planned x structures Floor plans present _ proposed _ elevations _ (HDC approved? _) Listing lot area x frontage x setbacks x GCR _ parking data x Assessor-certified addressee list 4 sets x mailing labels 2 sets x $200 fee payable to Town of Nantucket x 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 perj~~ry. SIGNATURE: __~~%!~~' ~ ~ Applicant - Attorney/agent x '(If not owner or owner's attorney, enclose proof of authority) FOR BoA OFFICE USE ~-L~~ Application copies reed: 4~r $.p on ~/ /~ by L One copy filed with Town Clerk on ~/ /C~C~ by completeC~~// One copy each to Planning Bd and Buildin Dep / 9' by $200 fee check given Town Tz surer on ~/ by waived? ^---~-~ Dearing notice posted ~/_~/mailed ~/~/ I & M ~/~ ~~OY 7Y Hearing(s) on _/_/_ cont'd to _/_/_, _/_/_ with raven? _/_-/-_-~ Decision due by _/_/_ made _/_/_ filed TC _/_/_ mailed _/_/_ See related cases lawsuits other W ~ U~ lL N Q O ~ ~ ~ ~ ~ W~H OO lLt J u ~ ~~~ ~ ~ ` Q ~z w i i I I Y W J U F:A'~~'p\rwscHUL\clowacxi\zbaapp.aoc 11 C > !~ > n goo Y ~ v O A r A c > v Z nv~ O O > ~ O 3 rn " p 3 > ~ > n m O ~O ~oZ m ~ ~ ~ NTJ~ N > O V T Q ~ ` !1 v. ~ m ~o>rn v ~ > N 2 n~gf C ~ m > A T ~ (/~ N r m ~ rn ' ~ Z o 0 S o a ~r 3 ~ ~; _i 9 ~{ h~ s a~ I ' ~ r- ~ ~y I: I F~~ /\ v p ,.. ~~~ r ~ • J_ ... _ J '_' i'~ I .,: ._. ^• ~ > x ~ r-. "~ ., ~ .~i b . ~ \ ^~ r~r o $ ~ /^ 1T„ ~' .~.~ i s ~ M ~it~.I ~ rY ~~. .~+~ '~.. .. ~,~r ~ ^ ~*.~r y ~ u s ' o ~ _ _ r O • ` v .p ` ~ ~, _ r .. ~ ~~O Bq ~Ee yi _ R ~ v ~ v i ~~- `ix- r i ~l ~ T~ • ~ ` Y : ~ ~ ,~ , ~ ~ M ~4 r ZjP ~+Z ~ _ ~ ~ ~ ` ~ ti n :~ r . _1 ~R~~e s __ V Vi ~` .~.. ~ ~ ~~ 'V o 1 O f v ~ c / -, ~ . ~. ~, o ~, ~ ~ E / a ~ i J = -~ ., R~vE , ~ _ i ~ ~ 'o f`_ d .- ° o ~ ~ ~ ~; r / Y 1 ' ~ / ~ O n ~ y 1~ • 0 ~_ W • > ~ = A ti a 1 = I / _ t r O T ~ 2 1, ^ M > ~ \ ~ ~ / a b ~{ ~ l -G'i ~ C ~ ~ ~ w 1 ~ n1 ~ n 2 /, _-{ , ~ a: '. _ ~, , r ,, FEB-02-99 TUE 14.01 HAYES ENGINEERING,INC, FAX NQ 78124675°6 P, 51 SKETG'H PLAN /N NANTUCKET, MA.S',5'. ~x~sriNC NOU.SF i ~~ LDS A i ~~ ~ i' ~; nor ~ ~: r ,: ,. __ _ :4PPRlJX. EDGE OF PAIiE:t/ENT ,,, ~~'~ ;~ i'' ,~~`,+ M/N/MUM S£ 76ACK~"~ FRONI = lU S/D£ _ ~ ' REAR = 5 ' M/,1! LOT AREA=S, ~~OG S. r- OLD SOUTH ROAD FE8~u.4Rr ~, ~sUy 60,3 SALEM STREET w,aKEF~L-co, Mass ala~o TEt. (781 246-?.80a _ I ~ ~~ ~~ ~ ~j ~ ~ ~ Q~ VJ 4~.~ i ~~ - a ~ ~, ~i \. ..~ \ ~ h ~ I ~, ~ ~ , ~-. .~,,. ~ ,t~: ~ ~~ ~ ' ~' +'- f`~ `V Q r.._._._ ,YAYES FNG/N££RING, /NC. C/~/L ENG/NEERS & LAND SU,Y~EYORS c~ ~ TOWN OF NANTUCKET ZONING BOARD OF APPEALS LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF ~~ v uS~l~.~'v T~ . PROPERTY OWNER:...~~"............~.~ ..................................................... MAILING ADDRESS:..~:~~. -..G~k....~,Q.......pp.D.~~.i~:~.`~.~ .............................. PROPERTY LOCATION:.....~~p... ©l`~...5.-.. ~t...' ....................................... ASSESSORS MAP/PAR L:.----... CQQ ".O~l ~ ............................................... )~• SUBMITTED BY :...............2~t/?::?~....../c~cS~I~.v~V~-............................. SEE ATTACHED PAGES I certify that the foregoing is a list of persons tivho are owners of abutting property, owners of land directly opposite on any public or private street or ~vay; and abutters of the abutters and all other land owners within three hundred feet of the property line of o~tmer'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) ). DATE ASSESSOR'S OFFICE TOWN OF NANTUCKET ~1AN ! ~. t~~r, L 01/13/99 TOIJN OF NANTUCKET 09:59:17 OWNER'S MAILI~iG ADDRESS LIST Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip 0069 0015 *GLIDDEN RICHARD J TRUSTEE 37 CENTRE ST GEEZER TRUST NANTUCKET MA 02554 0069 00193 POIJELL KENT A & DENISE G 674 MISTIC DR MARSTONS MILLS MA 02648 0069 0017 JELLEME CARL M TRUSTEE PO BOX 56 GUILIA NOMINEE TRUST NANTUCKET MA 02554 0069 0018 JONES DUANE P PO BOX 877 SIASCONSET MA 02564 0069 OC32 EGAN MARY A'JU BOX 435 NANTUCKET MA 02554 0069 0033 EGAN MARY ANN "r0 BOX 435 NANTUCKET 14A 02554 0069 0041 VIERA ERNEST E JR 4 SQUARE RIGGER RD NANTUCKET MA 02554 0069 0034 OSONA RAFAEL E & GAIL E PO BOX 2607 NANTUCKET MA 02584 0069 0035 KiLLEN P BP.UCE TRUSTEE 36- CLIFF RD LOW TIDE NOMINEE TRUST NANTUCKET MA 02554 0069 0036 LARRABEE ROBERT A & ELIZABETH PO BOX 544 NANTUCKET MA 02554 0069 0037 IJELCH WOOD REALTY TRUST INC PO BOX 759 VINEYARD HAVEN MA 02568 0069 0038 TUTTLE E SANFORD III ETAL TRS 849 TEMPLE STREET T & R REALTY TRUST WHITMAN MA 02382 0069 G049 *MAYHE!J CHARLES & PHYLLIS TRS i35 OLD SOUTH ROAD MAYHEW FAMILY NOMINEE TR NANTUCKET MA 02554 0069 C047 MOORE GREGORY M & LARUE KIM N 0005 SQUARE RIGGER RD NANTUCKET MA 02554 0069 0046 MOORE GREGORY M & KIM N 5 SQUARE RIGGER ROAD NANTUCKET MA 02554 0069 G05C HESS WALTER R TR PG BOX 359 SHERBURNE ASSOCIATES R T NANTUCKET F'A 02554 0069 C049 *MAYHEIJ CHARLES & PHYLLIS TRS 135 OLC SOUTH ROAD MAYHEW FAMILY NOMINEE TR NANTUCKET MA 02554 0068 0241 *MAYHEW CHARLES S TRUSTEE 135 OLD SOUTH ROAD SIX DAISY WAY NOMINEE TRUST NANTUCKET MA 02554 0068 0300 PARKER KENNETH I 0060 UNION ST NANTUCKET PiA G2554 OC68 0301 PARKER KENNETH I 0060 UNION ST NANTUCKET N,A C2554 0068 C302 PARKER KENNETH I 0060 UNION ST NANTUCKET MA 0554 0068 0303 PARKER KENNETH I 0060 UNICN ST NANTUCKET P'A G2554 0068 03C4 PARKER KENNETH I 0060 UNION ST NANTUCKET MA 02554 0068 G305 ANGELASTRO MICHAEL F & JOP.NNE PO BOX 1124 NANTUCKET MA 02554 0068 0306 PARKER KENNETH I 0060 UNION ST NANTUCKET MA 02554 0068 0307 KELLEHER ROBERT J & MARY A 0014 4JILSON FARM RD IJESTFORD MA 01886 Property Location 0045 NOBADEER FARM RD 0128 OLD SOUTH RD 0043 NOBADEER FARM RD 0041 NOBADEER FARM RD 0040 NOBADEER FARM RD 0042 NOBADEER FARM RD 0004 SQUARE RIGGER RD 0044 NOBADEER FARM RD 0045 NOBADEER FARM RD 0048 NOBADEER FARM RD 0132 OLD SOUTH RD 0134 OLD SOUTH RD 0008 DAISY WY 0005 SQUARE RIGGER R^ 0007 SQUARE RIGGER RD 0137 OLD SOUTH RD 0008 DAISY WY 6006 DAISY WY 133A OLD SOUTH RD 133B OLD SOUTH RD 133C OLD SOUTH RD 133D OLD SOUTH RD 133E OLD SOUTH RD 133E OLD SOUTH RD 1336 OLD SOUTH RD i33H OLD SOUTH RD PAGE 1 MUAS750 8.7 4 01/13/99 09:59:17 Map Block Lot Owner's/Co-Owner's Name 0068 0045 DUNN LEE H TRUSTEE SOUTH LANDING TRUST 0068 00462 KILVERT EMILY H TRUSTEE ACK STORAGE REALTY TRUST 0068 00463 REID TARA L TRUSTEE 129 REALTY TRUST 0068 00466 *MAYHEW CHARLES & PHYLLIS TRS MAYHEW FAMILY NOMINEE TR TOWN OF NANTUCKET OWNER'S MAILING ADDRESS LIST Mailing Address/City State Zip Property Locate PO BOX 1846 0124 OLD SOUTH RD NANTUCKET MA 02554 PO BOX 1391 0127 OLD SOUTH RD NANTUCKET MA 02554-1391 i1 CORREIA LANE 0129 OLD SOUTH RD NANTUCKET MA 02554 135 OLD SOUTH ROAD 0135 OLD SOUTH RD NANTUCKET MA 025:4 PAGE 2 MUAS750 8.7 NUMBER OF RECORDS = 30