The URL can be used to link to this page

Home My WebLink About044-99K TOWN OF NANTUCKET BOARD OF APPEALS -~~~~ NANTUCKET, MASSACHUSETTS 02554 Date: May p~g 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.: 044-99 Owner/Applicant: TPA NOMINEE TRUST, MARK WHITNEY, TRUSTEE 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. - F~~CEBVED " TU1NN GIrERK'S OFFICE '~ NANTUCt~ET, MA 02554 MAY ~ $ 1999 Da e W. aine ~ Chairman ~'IME:~--.~3~~' .o,v ~~~~. cc: T wn 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 §139-30I (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 67 10 Amelia Drive Parcel 444 Plan File 30-D, Lot 7 R-C-2 Deed Ref. Book 614, Page 315 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 12:00 P.M., Friday, May 14, 1999, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of TPA NOMINEE TRUST, MARK WHITNEY, TRUSTEE, of P.O. Box 5035, Boca Raton, Florida 33431-0835, Board of Appeals File No. 044-99, the Board made the following Decision: 1. Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning Bylaw §139-18B(4) (Parking Requirements), §139-20C (Loading Zone Requirements) and under §139-19 (Screening Requirements). Applicant is seeking a waiver of five (5) of the required 16 parking spaces and the loading zone and screening requirement, to allow for a common driveway on the southwesterly boundary of the property in connection with the construction of a new office building at 10 Amelia Drive, currently a vacant lot. The Premises is located at 10 AMELIA DRIVE, Assessor's Map 67, Parcel 444, Plan File 30-B, Lot 7. The property is zoned Residential-Commercial-2. 2. The Decision is based upon the Application and the materials submitted with it and the testimony and evidence presented at the Hearing. The Planning Board made no recommendation, but did request a site plan from the Applicant prior to grant of relief which was timely supplied. There were no letters on file. One (1) abutter was present at the Hearing seeking clarification of issues but stated that she was not opposed to the limited office use. 3. Applicant, through counsel, states that TPA Nominee Trust (the "Trust") owns the vacant 12,954+ square-foot Lot which is situated in a commercial subdivision. Applicant proposes to construct a 1,772+ square-foot two-story office building on the Premises. It would have a ground cover ratio of 14+/ in a district that allows a maximum ground cover of 50/ for lots containing over 5,000 square feet. The structure would be used as private office space with a maximum of three (3) employees on site at peak shift. Applicant represents that the nature of the business would not require or encourage office visits by clients or potential clients and provision of the required 16 parking spaces would have a deleterious effect on the scenic integrity of the neighborhood. Applicant requests that the Board grant a waiver of five (5) of the spaces, providing eleven (11) on site stating that inasmuch as the eleven (11) proposed spaces would provide twice as many spaces as practically needed given the limited mature of the Applicant's business. .,...> .. 4. With respect to Applicant's request for relief from the planted screening requirement of Bylaw §139-19A, Applicant represents that the southwesterly boundary of the subject property is parallel to and in the middle of a required common driveway with abutting Lot 8 to the southwest. Applicant states that planted screening along that property line would render impossible the construction of said driveway which is a required element of the subdivision plan as endorsed by the Nantucket Planning Board. Applicant would plant the required screening along the northwesterly front yard lot line, northeasterly side yard lot line and the southeasterly rear yard lot line as shown on the site plan done by Milton Rowland and Associates, dated May 5, 1999 and on file at the Board of Appeals. 5. With respect to Applicant's Application for a waiver of the off-street loading facilities required by Zoning Bylaw §139-20, the Board agrees that, given the nature of the Applicant's business, that of office use, a loading zone would not be required. 6. Therefore, the Board finds that the requested Special Permit waiving five (5) of the required 16 parking spaces is in harmony with the general purpose and intent of the Zoning Bylaw and would not be contrary to sound traffic, parking and safety concerns as the proposed parking lot would adequately service the structure given the needs of the building with conditions on its use. The Board further finds that, given the common driveway restriction on the Locus, the required screening along the southwesterly side yard lot line would be physically impossible to provide and that a grant of the Special Permit would be in harmony with the general purpose and intent of the Zoning Bylaw. As noted above, Special Permit relief under Zoning Bylaw §139-20 waiving the loading zone requirement is not necessary. 7. Accordingly, by a unanimous vote, the Board GRANTS the requested SPECIAL PERMIT under Nantucket Zoning Bylaw §139-18B(4), waiving five (5) parking spaces and under Zoning Bylaw §139-19, waiving the screening requirement as it pertains solely to the southwesterly side yard lot line to allow for the construction of a common driveway with adjacent Lot 8, upon the following conditions: a. If the Premises is sold, leased or the use is changed, the Applicant or his successor in title shall reapply to the Nantucket Zoning Board of Appeals for reconsideration of the use and possible modification or further relief. b. The use shall be restricted to a maximum of three (3) employees on site at peak shift; c. There shall be no residential use on the Premises without further relief from this Board. 8. The Board further approves, by a unanimous vote, the Site Plan under Nantucket Zoning Bylaw §139-23 done by Milton Rowland and Associates and dated May 6, 1999 and on file at the Nantucket Zoning Board of Appeals. (122-98) Dated: May ~, 1999 ~~ i ael J. 0' Nancy Sevr Edward Murphy ~ ~ Dale` Waine 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.M., FRIDAY, MAY 14, 1999, in the CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: TPA NOMINEE TRUST, MARK WHITNEY, TRUSTEE BOARD OF APPEALS FILE N0. 044-99 Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning Bylaw $139-18B(4) (Parking Requirements), §139-20C (Loading Zone Requirements) and under §139-19 (Screening Requirements). Applicant is seeking a waiver of five (5) of the required 15 parking spaces and the loading zone and screening requirement, to allow for a common driveway, on the southwesterly boundary of the property in connection with the construction of a new office building at 10 Amelia Drive, currently a vacant lot. The Premises is located at 10 AMELIA DRIVE, Assessor's Map 67, Parcel 444, Plan File 30-D, Lot 7. The property is zoned Residential-Commercial. nnn r~, `c~C.~ V v Dale W. Waine, Chairman THlS NOTICE IS AVAILABLE IN LARGE PRINT OR C~THCR ALTERNATIVE. FORMATS FOR ASS~ISTANC;E LALL W ~ U LL N ti o ®O~ rn l~~fLH ~ C,3~~ ~ ~. ~ ~ tZ.. t .__ n <r. F-- ~ !.U BoA Form 1-89 NANTIICRET ZONING BOARD OF APPEALS TOWN AND COIINTY BIIILDINC3~ ~NANTIICRET~ MA 02554 APPLICATION FOR RELIEF Owner's name(s): TPA Nomirtee Trust Dat CABS No~~ Mailing address: c/o Mark Whitney, One Town Center Road, Applicant's name: P.0. Box 5035, Boca Raton, FL 33431-0835 Mailing address: same Location of lot: Assessor's map and parcel number 67 - Street address: 10 Amelia Drive Registry 3~dx~cxP~.~aasy.~c3~clex~4~c&x~xl~ Plan File 30-D Lot 7 Date lot acquired: ~1~99 Deed Ref 614 315 Zoning district RC Uses on lot - ommercial• None - or MCD?No - number of: dwellings- duplex- apartments- •rental rooms_ Building date(s): all pre-8/72? No or Building Permit appl'n. Nos. 444 _ C of 0? No Case Nos. all BoA applications, lawsuits: State Pully 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.(;~nd..139-33A iP to alter or•extend'a nonconforming use).'If appeal per 139-3~A & B _ , attach decision or order appealed. OK to attach addendum . The Applicant seeks a Special Permit pursuant to Section 139-18B(4) of the By-Law to waive five (5) off-street parking spaces and pursuant to Section 139-20C of the By-Law to Waive the ldading'~zone ' requirement and screening requirement on the westerly boundary of the property in connection with the construction of a new office building at 10 Amelia Drive. The Applicant also seeks approval of the Site Plan for the project pursuant to Section 139-23 of the By-Law. (See Addendum "A"). Items enclosed as part of this Application: orders addendum2 x Locus map x Site plan x showing present +planned x "stXuctures Floor plans present proposed x elevations x (HDC,a~proved?_) Listings lot areax frontage x setbacks x GCR x parking data Assessor-certifier addressee List 4 sets x ma~.ling labels 2 setsx 200 fee payable...to-.mown of Nantucket• proof ~ - 'cap' Cd~ienant (If an appeal, ask Town Clerk to sen3 Bldg Comr s record to BoA~ I certify that the reque ted information submitted is substantially complete and true,to th e t`~ my knowledge, under the Gins and penalties of perjury. '' - -'~" ' TPA NOMINEE TRU ' SIGNATURE:Bv:~a4i#kxxxxx Attorney/cas~xt x Kevin F. Dal Attorney 3(If not owner or o ner's attorney, enclose proof of authority) FOR Bo OFFICE USE Application copies re e d: 4 or_ for BoA on ~~by One copy filed with Town Clerk on~~by_1_ complete?_ One copy each ,to Planning Bd and Building, , Deft ~/ bar ~~-"~L $200 fee check given Tow~n'T~reasurer on _ b waived?_ Hearzng notice posted~/?J4L maile ~ I & ~~~ ~~¢' ~:. Hearing(s) on_/_/_ cont'd to_/~_, _/_/_ withdrawn?,_/~_ Decision due by_/_/_ made~_/_ filed. TC_/_/_ mailed~~_ See related cases lawsuits other ~} ADDENDUM "A" The Applicant, TPA Nominee Trust, owns the vacant land located at 10 Amelia Drive, Nantucket, Massachusetts 02554 and intends to construct a two (2) story office building on the Property. The lot conforms to all current Nantucket Zoning requirements and is located in the Residential Commercial Zoning District. The Lot has an area of 12,954 square feet and the new office building has a proposed ground cover of 1,772 square feet (14%). A maximum ground cover ratio of 50% is allowed in the RC District. The proposed building has a gross floor area of 3,000 square feet. Because the building will be limited to office use and provision for all of the required off- street parking spaces (15) will have a significant and adverse effect on the scenic integrity of the neighborhood, the Applicant requests a Special Permit waiving four (4) off-street parking spaces pursuant to Section 139-18B(2)(b) and 18B(4) of the By-Law. In addition, the Applicant seeks a Special Permit waiving the loading zone requirement pursuant to Section 139-20C of the By-Law because the provision of a loading zone would have an adverse effect on the scenic integrity of the neighborhood and such a waiver would not be contrary to sound traffic, parking and safety regulations because the office use of the building would not require truck deliveries of goods. The Applicant also seeks a Special Permit under Section 139-19A of the By-Law, to waive the screening requirement along a portion of the southwesterly boundary of the property which space will be occupied by a common driveway. Finally, the Applicant seeks Minor Site Plan Review approval under Section 139- 23H(3) of the By-Law. The requested Special Permit Relief is in harmony with the purpose of the Zoning B-Law. Sufficient off-street parking will be provided on the Premises for the proposed office use. The requested waivers will enhance the property, provide open space, and meet traffic and safety concerns. ~oA Form PROPERTY OWNER: NANTU OWN AND COUNTY BUIOLDING FAT'S NANTUCKET, MA 02554 ASSESSOR'S LIST OF PARTIES IN INTEREST T~~u~nc~ G o ~ LGG APPLICANT FOR RELIEF (SAME. ADDRESS OF PROPERTY: ~ ). to ~e~ ~a G ~0° 2-89 ~n nii / /(~Q.~ / /G l.~/~ ASSESSOR'S MAP - PARCEL: LIST OF PARTIES INCLUDING ADDRESSES *(OR SEE ATTACHED )~ lists all persons, I certify that the foregoing (or the attached ro erty, owners of land natural or legal, who are owners of abutting p P directly opposite on any public or private street or way; and abutters of the abutters and all other land ownass wig in three hundred feet of t e e the (and their address) appear on property line of Owner s property, licable tax list [per M.G.L. c.40A, §11 and Zoning C the most recent app Chapter 139, §139-29D(2)]. ~ ~ l~ `~/~~9R Assessor' s Office Date Town of Nantucket * A licant (Petitioner) should include lots which might becomezOning NOTE: pP relief is sought, any commonly-owned abutting arcels for each abutter. involved in the zoning matter. List map and p Submitted b Vaughan and~Dale, P. C. MAR 0 0 1999 Date Client: j ah/POtutS/boa 04/02/99 TOWN OF NANTUCKET 11:37:26 OWNER'S MAILING ADDRESS LIST Map Block Lot Owner's/Co-O~dner's Name Mailing Address/ City State Zip Property Location 0067 0040 NANTUCKET ELECTRIC COMPANY PO BOX 470 0002 FAIRGROUNDS RD WESTBOROUG H MA 01581 0067 0041 *SHAPIRO ROBERT S & LOIS K TR 50 CENTURY LANE 0019 CLD SOUTH RD WACHUNG NJ 07060 0067 0436 NANTUCKET BAhJK 1C4 PLEASANT ST 0003 AMELIA DR NANTUCKET MA 02554 0067 0435 *BARRETT ROY K TRUSTEE PO EOX 35 0005 AMELIA DR NANTUCKET MA 02554 C067 0434 GLIDDEN RICHARD J TR PO EOX 35 0007 AMELIA DR ROY BARRET TR NANTUCKET MA 02554 0067 0433 WEBSTER DAVID E JR PO BOX 2460 0009 AMELIA C; NANTUCKET MA 02534 0067 0432 DAVIS ROY M & NIXON SUSAN E 11 AMELIA DRIVE 0011 AMELIA CR NANTUCKET MA 02554 0067 0431 GLIDDEN RICHARD J TR PO EOX 35 0013 AMELIA GR ROY BARRET TR NANTUCKET MA O"4554 0067 0430 *MINER MICHAEL MARK TRUSTEE 3 NOEADEER AVENU E 0015 AMELIA DR ACCESSIBLE DENTAL hJOhIINEE TR NANTUCKET MA 02554 0067 0429 HOFFORD GREGG J & CATHERINE J PO EOX 2586 0017 AMELIA CZ NANTUCKET MA 02584 0067 0440 *MCCARTHY JAMES IAN TRUSTEE "r0 EOX 3303 0018 AMELIA UR EILEAN MOHR REALTY TR NANTUCKET MA 02:84 0067 0441 GLIDDEN RICHARD J TR PO EOX 35 0015 AMELIA D2 ROY BARRET NANTUCKET MA 02554 0067 0442 *TURBINI DAMIEN TR PO BOX 314 0014 AMELIA D~ DAMEANO NOMINEE TRUST NANTUCKET MA 02554 0067 0443 GLIDDEN RICHARD J TR PO BOX 35 0012 AMELIA D~ ROY BARRET TR tANTUCKET MA 02554 0067 0445 *WORLD GROUP LLC FO BOX 2051 0008 AMELIA DR NANTUCK"cT MA 02584 0067 0446 ISLAND GROUP LLC 6 AMELIA DRIVE 0005 A"!ELIA DR NANTUCKET h!A 02554 0067 0051 SANTOS PATRICIA PO BOX 2150 0010 TOM$ WY NANTUCKET MA 02584 0067 C047 RULEY ROBERT EUGENE PO BOX 703 C012 TOMS WY NANTUCKET hIA 02554 0067 Cobb RULEY ROSEMARY 751 NOE ST 0014 TOMS WY SAN FRANCI SCO CA 94114 0067 0045 RULEY CATHERINE 100 SARATOGA AVE 0016 TOMS WY BURLINGTON V T 45401 0067 0044 RULEY MARGARET ANN PO BOX 703 4018 TOMS WY h:;,NTUCKET MA 02554 0067 0048 STACKPOLE JOHN J TR PO BOX 398 0011 TCMS WY LYNVIC REAL ESTATE TRUST NANTUCKET MA 02554 0068 OOC4 NICHOLAS SHARON 0033 OLD SOUTH R D 0033 OLD SOUTH RD NANTUCKET MA 02554 0068 0076 STACKPOLE JOHN J & JOAN W 0015 TOMS WAY 0015 TOMS lJY PO BOX 398 PANTUCKET MA C2554 0068 0071 *NANTUCKET TOWN OF 16 BROAD ST 4000 TICCOMA WY NANTUCKET h~A 0255. 0068 0245 NANTUCKET BANK 104 PLEASANT ST 0001 AMELIA DR NANTUCKET MA 02554 PAGE 1 MUAS750 9.1 04/02/99 TOWN OF NANTUCKET 11:37:26 OWNER'S MAILING ADCRESS LIST Mao Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Location 0068 0246 *BANKBOSTON N A PO BOX 724 0021 OLD SOUTH RD BOSTON MA 02102 0068 0258 *BANKBOSTON N A PO BOX 724 0002 AMELIA DR BOSTON MA 02102 0068 0012 HOLDGATE DONALD W & GERTRUDE PO BOX 705 0006 FORREST AV NANTUCKET MA 02554 0068 0003 LEICHTER DOROTHY M PO BOX 405 0031 OLD SOUTH RD C/0 SUSAN THURSTON NANTUCKET MA 02554 0068 0078 MCLEAN ANNA E PO BOX 923 C023 OLD SOUTH RD NANTUCKET MA 02554 0068 0077 SKOKAN DAVID & JOANNE PO BOX 2210 0020 TCMS WY NANTUCKET MA 02584 PAGE 2 MUAS750 9.1 ,UMBER OF RECORDS = 32 Catherine Ruley 100 Saratoga Avenue Burlington, VT 05401 Dorothy M. Leichter c/o Susan Thurston P.O. Box 405 Nantucket, MA 02554 Anna E. McLean P.O. Box 923 Nantucket, MA 02554 David Skokan and Joanne Skokan P.O. Box 2210 Nantucket, MA 02584 Margaret Ann Ruley P.O. Box 703 Nantucket, MA 02554 John J. Stackpole, Trustee Lynvic Real Estate Trust P.O. Box 398 Nantucket, MA 02554 Sharon Nicholas 33 Old South Road Nantucket, MA 02554 John J. Stackpole and Joan W. Stackpole P.O. Box 398 15 Toms Way Nantucket, MA 02554 Town of Nantucket 16 Broad Street Nantucket, MA 02554 BankBoston NA P.O. Box 724 Boston, MA 02102 Donald Holdgate and Gertrude Holdgate P.O. Box 705 Nantucket, MA 02554 Nantucket Electric Company Gregg J. Hofford P.O. Box 470 ~ Catherine J. Hofford Westborough, MA 01581 P.O. Box 2586 Nantucket, MA 02584 Robert S. Shapiro James l:ui McCarthy, 1'rustcc Lois K. Shapiro, Trustees Eilean Mohr Realty Trust 50 Century Lane P.O. Box 3033 Wachung, NJ 07060 Nantucket, MA 02584 Damien Turbini Trustee Nantucket Bank Dameano Nominee 'f rust 104 Pleasant Street P.O. Box 314 Nantucket, MA 02554 Nantucket, MA 02554 Roy K. Barrett, Trustee World Group LLC P.O. Box 35 P.O. Box 2051 Nantucket, MA 02554 Nantucket, MA 02584 Island Group LLC Richard J. Glidden, Trustee 6 Amelia Drive P.O. Box 35 Nantucket, MA 02554 Nantucket, MA 02554 David E. Webster, Jr. Patricia Santos P.O. Box 2460 P.O. Box 2150 Na ntucket, MA 02584 Nantucket, MA 02584 Roy M. Davis and Robert Eugene Ruley Susan E. Nixon P.O. Box 703 it Amelia Drive Nantucket, MA 02554 Nantucket, MA 02554 Michael Mark Miner, Trustee Rosemary Ruley Accessible Dental Nominee Trust 751 Noe Street 3 Nobadeer Avenue San Francisco, CA 94114 Nantucket, MA 02554 0 `, ---oa N oa 0 V ~~ `~ T `r ~O/ _ U u ~ 's ~' ~ \\ ` ' ~ `. ~ D y ~~ ~ ~ '. 1 ' v ~ } t y q A ~ Ci ~\ v. m ~\ .n i m o o a "`j. m _iL LL.. .I } ~