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HomeMy WebLinkAbout067-99TOWN 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, AIIGIIST 13, 1999, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: BRIAN T. RYDER BOARD OF APPEALS FILE N0. 067-99 Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning Bylaw §139-9B(2) (a), (b) and (c) (light manufacturing, storage and warehousing and fabrication and assembly of component parts for off-site construction or use, respectively). Applicant proposes to construct a 1,536+ square foot commercial structure for use in conjunction with his electrical business. The structure would contain 200+ square feet of office space and two (2) second floor apartments. All parking, loading and screening requirements will be met. To the extent necessary, Applicant is also seeking relief by SPECIAL PERMIT under Nantucket Zoning Bylaw §139-18 as it relates to backing out of vehicles onto a travelled way and aisles widths. The Premises is located at 12 MARY ANN LANE, Assessor's Map 68, Parcel 443, Land Court Plan 16514-29, Lot 564. The property is zoned Residential-Commercial-2. ~~ /(/ f `~/ u William P. ou ihan, Jr., hairman THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. FOR ASSISTANCE PLEASE CALL (508) 228-7215. ;,~ •; ;j ~ :~. ~~.:-.. ,~-.;; ~foA Form 1-89 NANTIICRET ZONING BOARD OY APPEAT,B +~• TOWN ARID COIINTY Y3IIILAINO Die NAN'~'IICRET, MA 02554 .~ CABS No.~-_~ ADprTCAmYON FOR RELTFF ;~•. Owner's name(s) : C~Q(~~ ~ - ~~l~ce- f•~: I,.• Mailing address: ~~ )X 4^?9 111Q/1~It~C~Cs~~ 1~1~'-C3?~'~ Applicant's name: ~1(`1~/1 Z- IKC,/~Ir' Mailing address: ^CC'i.h'1-D ' Location of lot: Assessor'b map and parcel number LO g - ~ ~~-3 Street address: ~ ~ ~~'~l 1'g'Y~Y\ L-~1~. - Regist and~Ct'Plan, $l~n Bk~& Pg or Plan File ~~~ -2~9~ot~ , Date lot acqu red: _/,_/_ Deed Ref _,_ zoning district 2-C` -~ Uses on lot - .commercial:' None ,_ or )G~ Ckn -'1fi- MCD?_ - 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 8oA applications, lawsuits: State Pully all zoningg 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 199-32A if Variance, 139-30A if a Speoial Permit '(arid 139-33A ~a1f to altar or extend a nor-co~'orming use). Yf appeal per 139-3~A _ , attach decision or order appealed. OK to attach addendum . -4~,~;CgmY- ~ Sao.- S~ ~.~+Q..Qerm~r-f~ ~ U'1c~Q.~-~e~~ ~9 - r~Cz-~ Co-> Cb_~ c~> ~o~ o~ aQ.~-~-`~ c~a.~ c1 ~,,,~,,,,~ y6 ~S ~ b~ ~'I~~ U~ ~~nC~h'~ lif se ~~.~nd1 o1ot9 ~ S~- -~ C O-~ O{~lCe s~~`tl~`Fc~rs~` ~(rzr, 0.v~~ ~ `!'G~9_~S~~I~t.P..L~. `~ `'62w eu-~ ~`' YIQ~~ ~ o~(~, U Cam- Co 0..r a ~n~~ ~ V~ ,bG~1-g~+ ~ c.ar~ ~ cep, c~nsl ~~"~ 1g' ~c~''~,~f~~Pa,`tnQ- 4~'~ G ~a / cJ~._ 5 ~~tJ t~i~ Items enclosed as part of this Ap~ication: orders addendum2 Locus map- site plan showing present +planne3 structures Floor plans present proposed elevat ons (HDZ~pproved?_). d t '" '-' ' a a parking rontac~s satbaoks_, GCS Listings lot area ~. ' labalr 2 rats Assessor-o•rtitis3 addr•ss•a• I~st 4 rrtr,_ :aa~l'~nr~T $200 fse payable to Town of Nantucket ragf cap' covenant W ~ i(i! an appooL, irk Tcvm Cle~K~ty ~~nd~l~q CQ~r ~ reovrd tv ~vA;~ ~ ~ I certify that the requested information submittsd is substantially ~ G o cvtaplsts and true tv tha best o~ Iuy knowledge, ur~dsr the pains and ~ Q penalties of perjury. / `~ ~ ~ SIGNATURE: Applicant ~/_ Attorney/agent ~ ~ C..+ 3(If not owner pr oy- sr's attorney, enclose proof of authority) ~ a ~ra!J ~ J ~-,, F- Bo A OFFICE USE FOR p ~ ~ ®,(~ ~ Application copies reed: 4_(/_ or_ for BoA on,_,7/~ by!~~'= , / one copy tiled with Town Clerk on~/.~~by comps te? C~ ona copy each tv ~'lanninq ~d and ~uilainq Dapt~~~b $20o fee check given Town Treasurer on,~,~~ by lived?_ Hearing notice poate~_f~/~ mailed~/~' ~I & M~~/~ ~~~ Hearing(s) on,_/,_/_ cont'~~ to,_/~_, _J,.,_/,_ withdrawn?~~_ Decision due by_/,_/,_ made~J_ filed TC_/,_/_ mailed,_,/~_, See related cases lawsuits other •~ rn ~ rn _~ o c+o . -1 J -~-Y W r, 2 ~ w -- WANNACOM~T WATERS C(~ViPANY (508) 228-0022 ~ '~ 1 ~VLlesto~t~~a~=~ • ~. (508) 325-5344 Pax ~>a ~~ ~ ~.,, ~ wwco~nantucket.net Nantucke~,,~,~~sa~~~s 0~554r6029 ~, _ ~. Robert L. Gardner General Manager July 28,-1999 Mr. Dirk Roggeveen, Administrator Zoning Board of Appeals 37 Washington Street Nantucket, MA 02554 RE: Lot 564, Mary Ann Lane Dear Dirk, Nantucket Water Commission Nelson K Eldridge Charles "Jack" Gardner Noreen Slavitz I have reviewed a site plan proposed Ryder Electric building at Lot 564. Mary Ann Lane, prepared by John J. Shugrue, Inc. and dated July 27, 1999. 1. The proposed ground cover is 1,536 S.F. or 12.37% of the lot. 2. The proposed parking area, driveway and loading zone is proposed to be gravel. Therefore, because this project does not render impervious more than 15% or 2,500 square feet of the lot subsection (2)(s)(a) of Zoning Bylaw 139-12, does not apply to this project and a finding of Water Quality Compliance is not required. However, if the material used for the parking, driveway and loading zone areas changes to an impervious material, i.e. asphalt or concrete, then a Finding of Water Quality Compliance will be necessary after a review of such a change. If you have any questions please do not hesitate to give me a call. Sincerely, WANNACOMET WATER COMPANY Robert L. Gardner General Manager Cc. Chris Pykosz, WWCo NpRTN . ~P.ARKINf" ...; ~ .. .. i '~P(JMIPG• ~.. .. . .YANKING'. , ~ ' • ...• kOADING 2EiiC ' .. . .~ . . v m a .... <.. •~ . , W Y v Y Y m rf ~ , qq ~yH BUILDING • ~ Y~ A! Y ~3 4536 sF. ,~, Y ,~, Y Y ..^. Y.Y '~ Y : ' Y ,, so Y " ' Y Y Y ~'s, V . .. .~, ~ ~ a . . . 92 • a ,6a • . Y Y ~ s EPEN ltPACP 3JD1 SF. W W ..1..: ~ Y ddd v Y v Y Y W • • N f+il ~ ~ • Y W ~; ; . ~: o ~• . . .. ` Y Y 4 . . ~. ..Y..Y LOCUS MAP SCALE 1'=2,000' APPR^VED+ NANTUCKET B^ARD of APPEALS DATE+ FILE NUMBER+ PARKING REQUIREMENTS 2 APARTMENTS 1/ EACH = 2 SPACES ^FFICE 200 S.F. = 1 SPACE WHAREH^USE 1/900 S.F. 1336/900 = 2 SPACES T^TAL = 5 SPACES PR^VIDED 6 SPACES MARY ANN LANE LEGEND' GRAVEL '' ' ~~.'- CONCRETE or ASPHALT Y Y . Y GRASS or SCREENING ® BRICK THE STRUCTURES OF Mqs ~~jH s ARE L^CATED AS SH^WN ~ JOHN ~ ~ U SHUGRUE No. 23529 ,, 9Q FGI E J HN J. SHU RUE PLS " DATE' JULY 6, 1999 REVISED JULY 27, 1999 ASSESSORS MAP 6 ^PEN SPACE REQUIRED 12,418 x 0.20 = 2,484S,F. PROVIDED = 3,952 S.F. Z^NING~RC-2 MINIMUM LOT SIZE~5,000 S.F. MINIMUM FR^NTAGE+40 FT FR^NT YARD SETBACK20 FT REAR & SIDE SETBACKS FT GR^UND C^VER RATI^~SO% PL^T PLAN ^F LAND IN NANTUCKET, MA SCALE' 1'= 30' DATE' JULY 6, 1999 REVISED JULY 27, 1999 J^HN J. SHUGRUE, INC. 57 ^LD S^UTH R^AD NANTUCKET, MA 02554 F^R+ RYDER ELECTRIC PARCEL N^. ~~ ~ v -- - ~ ,~~ ~/d ~ s~~~~~ 7~~.~ N1 '~12'12'E 9.00 ~~P111 ~ .PARKING •' •'. ••• .. • f'M1RKiNG •• ~ ~ ~ ' • L01 :~6~ IZ,~19 ~SF. ' ... • a • ~ ••; r-• - ~~ fit' ~ ' ''1.onniTK; • •r ~~ r 00 vntx ~ T r r~ ~' • r [ • a j ,~ T"T • ` HUTIDIfKi ~ ~ ~ + v ~ ~°yy ~ ~j/ • ~ • N ~~~ + • • (~ {V1 . . .~. ry ~ 1 • • O` r • • • v 3. V ~ ~1'EN ~PAC~ •~ ~ ~~ k • r i S .~ • • •1• • t •Y • ~, . ••• ` jy ~ y_` . •.. . ••• •. ~ Cl 1 ` • • . ~ T ~f1 ~ J~ \ ~ ~ ~ • ~ • • . • W Z •• • ' C • . o _ o v o o, ~ • a .. 1 • v N/ 1 ~, • r. ~•. .. 1 _ 1 ~ ;CL '12•v MARY ANN LANE APPROVED NANTUCKET B^ARD of APPEALS DATE (-ILE NUM13CRi PARKING REQUIREMENTS Et~1PL^YER D^Rt~l 2 -+- 1/2 Ct3-2) = 5 SPACES ^FFICE 200 S.F-, = 1 SPACE WHAREHLIUSE 1/900 S,F. 2024/900 = 2 SPACES T^TAL = £3 SPACES P(Z^VII)LD ^ SPACES ^PCtJ SPACE LEGENDS REQUIRED I2,4I£3 x O.c 0 = 2,4 £34S.F. ~ ' ' GRAVEL . PP.^VIDL:D = 2,`75 S.f 7_[INIt~1G~RC-2 ". ~ :%~ C^NCRETE or O MIt~lIP1UM I. fJT SIIE~5,000 S.F. MINIMUM FIZ^NTAGE~40 FT ASPHALT FR^tJ~f YARD SETT3ACK~20 FT REAR & SIDE SETI3ACK~5 FT ~~ .. ~r~. ir-r~ fl n TTf1.r f1'/ locus rinr SCALE 1'=2.000' t .. ~.~~. _ E `{~'~:''~ ~;.fr~'~ a2:.%t .~ ~ ~y:~E~ta '.'%#, 1st k- y~.g'~'.'i,~}',~ '~+°, { +~'=' .' i ,'4 2--~^~ c `~'-~ t ~ r • • '~ ~ i r ~ " I Y ~ . LIST OF PARTIES IN INTERESjT IN MA ER OF THE PETITION OF PROPERTY OWNER.........~C3I ........~'r?'?r ................................. MAILING ADDRESS:.:..... ~ ....::.. .... ~ ............... ............. PROPERTY LOCATION:.....~~.~....:.....~.' ' /~.2.../..1.,./.a-~~... ~ ~. ~:.. ASSESSORS MAP/PARCEL. .~:~::....~'.~..~.... ... .. SrtJBMITTED BY:. .~L.~........:..: .................:.... .~~ , SEE ATTACHED PAGES I certify that the foregoing is a list of persons-who 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 o~~ners «•ithin three hundred feet of the property line of owner'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) ): ....:....~..a~.9.q:.: ,: ",, r. DATE ASSESSOR'S OFFICE . TOWN OF NANTUCKET tf ' TOWN OF NANTUCKET 06/22/99 ~ OWNER'S MAILING ADDRESS LIST '!3:08:16 er's/Co-Owner's Name o Mailing Address/City State Zip Property Location Map Block Lot wn 17 1/2 OLD SOUTH ROAD 0008 MARY ANN DR 0068 0441 *LEMBERG DAVID NANTUCKET MA 02554 0068 0445 VISCO PHYLLIS J TRUSTEE PO BOX 1081 0016 MARY ANN DR DONPHYLL REALTY TRUST NANTUCKET MA 02554 0068 0444 SPAULDING MARK A & DONNA M 14 MARY ANN DR 0014 MARY ANN DR NANTUCKET MA 02554-2843 0068 0442 KINSELLA DANIEL PO BOX 2035 0010 MARY ANN DR NANTUCKET MA 02584 0068 0440 PRESTON HENRY & RENAY BELDO PO BOX 1835 0006 MARY ANN DR NANTUCKET MA 02554 0068 0439 MURPHY EDWARD C TRUSTEE PO BOX 1260 0004 MARY ANN DR OLD SOUTH REALTY TRUST NANTUCKET MA 02554 IRPHY EDWARD C TRUSTEE 0436 ~M PO BOX 1260 0106 OLD SOUTH RD 0068 ,~ OLD SOUTH REALTY TRUST NANTUCKET MA 02554 0068 043 MURPHY EDWARD C TRUSTEE PO BOX 1260 0108 OLD SOUTH RD OLD SOUTH REALTY TRUST NANTUCKET MA 02554 0068 0438 URPHY ED4IARD C TRUSTEE PO BOX 1260 0002 MARY ANN DR OLD SOUTH REALTY TRUST NANTUCKET MA 02554 0068 0447 GASBARRO ARTHUR D III PO BOX 2402 0020 MARY ANN DR NANTUCKET MA 02584-2402 0068 0446 COLEMAN DANIEL & BROOKS MAUREN PO BOX 773 0018 MARY ANN DR NANTUCKET MA 02554 0068 0448 OTTS KENNETH E & DIANE L 22 MARY ANN DR 0022 MARY ANN DR NANTUCKET MA 02554 0068 04491 JORDIN JOHN N III & JULIE M PO BOX 3153 024A MARY ANN DR NANTUCKET MA 02584 DIN JOHN N III & JULIE M PO BOX 3153 0248 MARY ANN DR 0068 0449 OR NANTUCKET MA 02584 0068 0450 HEURLIN RONALD R & TANYA E TRS 432 LYONS BAY RD 0026 MARY ANN DR PALM TREE TRUST NOKOMIS FL 34275 0068 0418 EGAN JAMES F JR & ANN M 0104A OLD SOUTH RD 0011 PINE CREST DR NANTUCKET MA 02554 ES F JR & ANN 104A OLD SOUTH ROAD 0015 PINE CREST DR 0068 043 EGAN JAM NANTUCKET MA 02554 0068 0434 OLNEY JAMES A & SANDRA K PO 80X 433 0019 PINE CREST DR NANTUCKET MA 02554 0068 0433 SEIDEL C JACQUELINE 102 OLD SOUTH RD 0023 PINE CREST DR NANTUCKET MA 02554 0068 0432 WILLETT JEFFREY L & DEBORAH M PO BOX 2765 0018 PINE CREST DR NANTUCKET MA 02584 0068 0431 SWEENEY JOHN M & KATHLEEN D 0100 OLD SOUTH RD 0014 PINE CREST DR NANTUCKET MA 02554 0068 0425 PARADIS P STEPHEN & JENNIFER A 94 OLD SOUTH RD 0022 PINE CREST DR NANTUCKET MA 02554 0068 0430 OROZCO JULIO & DANIELS BARBARA PO BOX 1073 0007 PINE CREST DR NANTUCKET MA 02554 0068 0429 WEINMAN RHODA H TRUSTEE PO BOX 1365 0098 OLD SOUTH RD OLD CEDAR REALTY TRUST NANTUCKET MA 02554 0068 0216 HEMINGWAY JONATHAN ADAM & PO BOX 1214 0007 MARY ANN DR BLAISDELL LAURA ANN NANTUCKET MA 02554 0068 0217 HERRICK WENDY LEE 6 PINE TREE ROAD - 0006 PINE TREE RD NANTUCKET MA 02554 PAGE 1 MUAS750 9.2 •,r ' 06/22/99 ; '13:08:16 Map Block Lot Owner's/Co-Owner's Name 0068 02152 MARSH HEDDA M 0068 02151 CONRAD IRENE & CRYSTAL KEITH 0068 0214 GLOWACKI MARY E 0068 0211 NORLAND CORP LTD C/0 DUPONT JANE 0068 0212 WARD JOAN E C/0 BUNTING JOAN E 0068 0427 SNELL KYLE D & LORI S 0068 0428 CIARMATARO JOSEPH & JULIE TOWN OF NANTUCKET OWNER'S MAILING ADDRESS LIST Mailing Address/City State Zip Property Location 5 MARY ANN DRIVE 0005 MARY ANN DR NANTUCKET MA 02554 PO BOX 3294 0004 PINE TREE RD NANTUCKET MA 02584 BOX 389 0003 MARY ANN DR NANTUCKET MA 02554 MARY ANN DR 0001 MARY ANN DR NANTUCKET MA 02554 PO BOX 2441 0110 OLD SOUTH RD NANTUCKET MA 02584 PO BOX 2997 0003 PINE CREST DR NANTUCKET MA 02584 PO BOX 2746 096A OLD SOUTH RD NANTUCKET MA 02584 PAGE 2 MUAS750 9.2 NUMBER OF RECORDS = 33 -• ~.,~.~ ~n ''BUCKET Nontucket Surveyor 1n~.~ SurveyCr~ " ~ 99S 7 - r. ,-- ~.cn.cn ~~..-. ~ ~~~ v- ~~' N . /.TQ r afA C.dt .1 ,° / 570 ~ •~s, ''aw ~% „ / g ~ '" 569 ~ ~ ! ~ . M ~` ~ J~ V . ~ !J~d$' 666 ~ s 5~a ° $; ' ~ !22 ~ ''~ : ' a 566 "' ~ . --~: ~ S QS~ o ~~a 8, ~' i~ /9 o r ~,.~ ~ l S ~~ 5~3 ~$~ ~ •. ~Ir• • 560 ~ s acb ti S -. R ~, 55 ~ ~%••- w 95 ~_ _ ~ f~ih+nr~eli q Q ` ~ P!~ Na 165JfT ~ ~e Na SuDe'nision of Lott 5i4 • Shorn on Plan 16S14-2~~ ~ 16si~c 29 ~ ~t~ cart or r~ rro. _ L(.~.o3 ~'~ opt~t ar Nohtuolsat co~,tr 1 ~A~lvle cai~lrcvres of b1/e m shvrr! henQR or ,Lo ~S rti ° wed J'or /w+4 p,, r~ ~~ 57I .... .... 1/~'J Ji Js~s R . ~ N~"~ ~ tAND ~S`1RtTTGW Qi7~71!t TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: September ~d ~ 1999 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 067-99 Owner/Applicant: BRIAN T. RYDER 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. j b' Mich el J O'Mara Chairman (Acting) 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 §139-30I (SPECIAL PERMITS); §139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. Assessor's Map b8 Parcel 443 Residential Commercial 2 At a Public Hearing of the N 13, 1999, at 1:00 Y.M., in the Coni Washington Street, Nantucket, Mass pwner, 12 Mary Ann Lane, Nantuc Board trade the following Decision: 1. Applicant is seeking Re By-Law, Section 139-9$(2){a),(b}, sn fabrication and assembly of componet proposes to construct a 1,53b± squar his electrical business. The structure ~ (2) second floor apartments. All park the extent necessary, Applicant is also Zoning Ay-Law, Section 139-18 as it and aisle widths. lz Mary Ann Lane Land Court Plan 16514-29 Lot Sb4 eket 7.oning Board of Appeals, on l~riday, August .ce Room, in tine Town Antlcx Building, 37 setts, on the Application of BRYAN '1'. RYI)ER, MA 02554, Board of Appeals Pilc No. 467-99, the ief by SPECIAL PERMIT under Nanwcket Zoning l (c) {lifiht manufacturing, storage and warehousing anti t parts for off-site construction or use). Applicant foot commercial structure for use in conjunction with could contain 200± square feet of office spsce and two Zg, loading and screening requirements will be met. To seeking Relief by Special Permit under l~annrcket relates to backing up of vehicles onto a travelled way The Premises is located at 12 ary Ann Lane, Assessor's Map 68, Parcel 443, Land Court Plan l b514-29, T.ot 5b4. The roperty is zoned Residential Conunercial-2. 2. "fhc Decision is based pon the application and accompanying rnateria! submitted with it and the testimony a evidence presented at the Hearing. The Planning Board's recommendation was positiv provided the Applicant modified its plan to provide a buffer ss required by Section 139-19 within the confines of the Applicant's property and eliminate any parking in the front ya d that requires the backing up of vehicles ontc- the Mary Ann Lane right of way. A letter fro the Nantucket Water Commission Superintendent was Oiled with the Board stating drat Sect on 139-12(2)(s)(a) does not apply to this Application and therefore a finding of Water Qu lily Compliance is not required. There was one (l ) letter from an shutter that stated that she was in favor of the Application for Relief as requested, adding that she had revie ed the plans for the building and the landscape design and welcomed the Applicant and his usiness to the neighborhood. 'T'here was one (1) interested area resident present at th hearing whcr spoke in favor of ttre Application. There was one (1) later from an abutter o F~tie that indicated concern about screening between her property and the Applicant's propert There were two (2) abutters (including the aforementioned abutter) present at the hearing that spoke in opposition. Abutters in opposition expre • ed concern about dust along Mary Ann Lane created as a result of increased traffic from the proposed commercial use of the locus. Concerns were also expressed about buffer screenin ,lighting, and number of trucks that were to be parked on site at any given time. However, much of the discussion centered on the potential impact that the corruzieccial structure itself outd have on its immediate abutters to the north and to the west. In the course of the I'ubli Hearing process, suggestions were made with respect to ZO-d Ot0£-8ZZ 805 ..ta~unH ~g a~QQ 'uQy6ne/~ tf6£=0i 66-OL-daS conditions that abutters wished to see ' posed upon the project in order to alleviate abutter concerns should the Board vote to gra t the Relief requested. 3. Applicant, through counsel, epresented that he and his family are engaged in the business of electrical contracting. He plans to construct a building, with a ground cover of up to 1,536± square feet that would hav a mixed use, i.e. , one {1} commercial use, the storage, warehousing and delivery of lectrical cotnporrents to residential and commercial cot>struction sites with ancillary office space, on the first ftoor, and two (2) dwelling units on the second floor. The structure and th se uses are proposed on a 12,418± square four lot, situated in a district that requires a nri imutn lot size of 5,00(} square feet. Applicant, through counsel, stated that the comm rcial building comprising 1,536± square feet of ground cover i. substantially smaller f an the fifty (SO°~) percent ground cover ratio allowed in the 7.oning District. Parking, I.oadi g Zone and green space re uirements would all be met. Applicants have received Certifi ate of Appropriateness l3 from the Historic llistrict Conunission for the csifin of the structure showing three (3) individual parallel parking spaces in the front of the structure and three (3) parking spaces and the loading zone sited at the rear of the st cturc as indicated on "Plot Plan of L.arid in 1`fantucket, Massachusetts" drawn by ohn J. Shugrue, Inc. Licensed Surveyor, dated July b, 1999 as revised )uly 27, 1999. (L'xhi it "A", attached hereto.) Applicant stated that the three 3) small step vans used to service the commercial business would be stored overnight in ide the structure in its garage. "i"he tluee vans would be loaded for the next day's job hetw n approximately 4 P.M. and b P.M- The next day, three (3) employeeslelectricians wool arrive at the Premises, park their cars if they drove to work, and drive the loaded vans out f the Premises by 7:30 a.m. daily to the designated job sites. The vans would arrive back at a Premises that afternoon by no later than approximately 4:00 P.M. and be par ed in the garage area. The net effect of this is that the vans would only be apparent to abort rs as they come and go from the Premises. All of the parking on-site visible to the public abutters would be comprised of the automobiles belonging tv the commercial office a ploycc, tenants of the dwelling units and those electricians who drive automobiles to work. Applicant stated that in an cff rt to acc:cmunvdate the abutter directly north of the Premises, he was willing to increase he buffer area irrunediately north of the three fr~~nt parking spatti to Een (10') feet. It wa noted fnr tine record that a five (5') foot buffer only is required for parking Ivts containing cnty (20) and more cars. Additionally, Applicant stated that the planting plan required by the HUC as a condition of its Certificate of Appropriateness, and as shown on ti Plan referred to hercinabovc, would be substantially complied with. a. Based upon the forego propvsed use of the locus for light r and assembly of component parts fo two {2} second floor dwelling units, have a substantially detrimental imp a grant of Special Pennit under Nar ng testimony and evidence, the t3oard finds that the snufacturing, storage and warehousing, attd fabrication off-site construction or use, with an ancillary office and urd based upotr the Conditions set forth bC1ow would not .t upon the neighborhood. The Board furihcr finds chat .tcket Zoning By-Law 139-18 is unnecessary as it relates £O'd OLO£-8ZZ 805 .Aa~unt-~ ~g a~¢p ~u¢y6n¢q ry6E=0t 66-OI-daS to the aisle width and backing aut of vehicles onto a public way as Applicant can compfy• with the requirements of the By-Law. 1lVith respect to the Special Perini[ allowing the backing out of vehicles onto a travelled way the Board finds that it is not necessary as the aisle width coupled with the parallel parking space is sufficient in width to allow vehicles to turn around within the property itself apd drive directly forward onto Mary Ann Lane. S. Accordingly, by a UNANIMOUS VOTE the Board grants the requested Special Permit under Nantucket Zoning By-Law 139-9B(2}(a}, (b) and (c) t~~ allow the use of the proposed structure as described ahgve, subject to the following conditicros: (a} All oueside lighting servicing the Premises shall he directed down and away from abutter dwellings; f (b) The hours of commmerciay operation as described above, shat! be between the hours of 7:30 A.M. t~~ b:00 P.M. Monday through hriday and 7:30 A.M_ to 12:00 P.M. can Saturdays with no commercial use on Sunday; (c) There shall be no outsidF storage of g~~ods and materials related to the Applicant's business; (d) There shall be nn roof watkslwidow walks allowed on the structure; (e) Applicant shalt provide a gravel driveway and parking area, as described above and in compliance with the Plan described hereinahove, in an effort t~ keep dust down that lnay be caused by the vehicles driving onto Locus; (t) The structure shall be chnstructed in substantial conformity 3h Historic District Commission {HUC) Certiftcat~ of Appropriateness No..~ y, ~l _. (g) Densely packed vegetat,ve screening mf the structure shall be provided and maintained in conformity with Exhibi~ "A"; and (h) A commercial sign no Barger than the sign presently in use by the Applicant at their West Creek address shall be alla~+ed. b0'd OLO£-8ZZ 80S „ia~un{..{ +g a~ep °uQyfiRQ/~ b-6£=0t: 66-OZ-daS Dated: September ~d .1999 Nantucket, MA U M CHAL• 1. O'MAR ~~-- d,~/ EllWARD SANFO Iv .~, ~ eV, ~~~CE~~sEa TOVv'~~~ LERr<'S OFFICE NAtvT~fCKET, MA 02554 SEA 10 1999 ~nn~~: CLERK:S~~ ~~ ~• 3 O i SO"d OLOE-8ZZ 80S ..ia~unH g a~ep ~uey6nen tiOti=OL 66-Oi-daS ~R'~N .tom.. ~P'[1~~1~' ~u- S iM1/7• ~ N13'42'12'E 93.00' '~ •P.AAICING .7(JMIpG• ~. •>. ~% ;.. ...~ ,Pnalatx,,.:•. •. .~. ' ~ .. ~ .. t. ,'. W ~ •.1., .. .~ qq _<~H DUILDING • ~ +~ ],s3s sr. y 8'~ +' /~ I • ..^. • '„ ' _ /mod ~3, • ti• • + • ~ ,Y • /~' s'2 ~' "'3 " A92 .. S EPEN SPACC 3,7y1 S,fr ., ~.~ ~ Y y ~. . . ~ . • ` ., ~ y • y H V b :.~.: y • h ~ •. ~ • O ~t..:•yy 4 .. . . •y.y • •y • • • 41A0' S33'42'12'V ~°Z MARY ANN LANE LEGEND O GRAVEL ASPHALT • W ~ ~ GRASS or SCREENING ® BRICK THE STRUCTURES ARE LOCATED AS SH^WN ~ SHUu .9 No. 2 ° FGI J HN J• SHU RUE PLS " DATE] JULY 6, 1999 REVISED JULY 27, 1999 ASSESS^RS MAP r~un,~.~-e_x ~v °V >am, was Locus nAP SCALE 1'2,000' SIt3~y~q ~^ARD of APPEALS .\ u' ~~ i /1 1 /1 ~ _ DATES g « ~ q~ FILE NUMBERS (~(~7~Cj PARKING REQUIREMENTS 2 APARTMENTS 1/ EACH = 2 SPACES ^FFICE 200 S.F. = 1 SPACE WHAREH^USE 1/900 S.F. 1336/900 = 2 SPACES T^TAL = 5 SPACES PR^VIDED 6 SPACES ^PEN SPACE REQUIRED 12,418 x 0.20 = 2,484S.F• PR^VIDED = 3,952 S.F. Z^NING~RC-2 MINIMUM LOT SIZE15,000 S.F. MINIMUM FR^NTAGE~40 FT FRONT YARD SETBACK~20 FT REAR & SIDE SETBACKS FT GR^UND C^VER RATI0~50% PL^T PLAN ^F LAND IN NANTUCKET, MA . SCALES 1'= 30' a DATES JULY 6, 1999 ' REVISED JULY 27, 1999 J^HN J, SHUGRUE, INC. 57 OLD S^UTH R^AD ~~ NANTUCKET, MA 02554 F^R~ RYDER ELECTRIC PARCEL N^•443 #6245S1 t• To: Parties Decision of following: BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 Date: .December .ZZ~ 19 gg in Interest and. Others concerned with the the BOARD OF APPEALS in the Application of the Application No.: 068-99 Owner/Applicant: POINT BREEZE LLgf 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 days 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. Wi liam P. Houriha~ 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 §139-301 (SPECIAL PERMITS); §1.39-32I (VARIANCES) ANY QUESTIONS PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. TOWN OF NANTUCKET :~ ~ ZONING BOARD OF APPEALS • 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 Assessor's Map 42.4.1 71 Easton Street Parce135 Land Court 18/39 L-C Lot 1 Deed Ref. 385.136 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals held at 1:00 p.m., Friday, August 13, 1999, in the Town Annex Building Conference Room at 37 Washington Street, Nantucket, Massachusetts, on the application of POINT BREEZE, LLC, 71 Easton Street, Nantucket, Massachusetts 02554, Board of Appeals File No. 068- 99, the Board made the following decision: 2. The Applicant, Point Breeze, seeks a SPECIAL PERMIT under Nantucket Zoning By-Law §139-33A (alteration/expansion of apre-existing nonconforming structure/use) to validate a reduction in the number of rental rooms from 44 to 27 that resulted from substantial renovation of the structure over the past two years. There are 19 rental rooms in the main structure and eight rental rooms in the existing three separate cottages. The applicant proposes moving four cottages onto the property, which would increase the rental guestrooms to a total of 35. The applicant also proposes renovating a structure, located along the rear lot line, that it used as a dormitory for employees of the hotel, by reducing the number of rooms from nine to five and expanding the footprint, after moving the structure out of the required five-foot rear yard setback. In addition, to the extent necessary, the applicant seeks relief by SPECIAL PERMIT under Nantucket Zoning Bylaw § 139-18 to waive any additional parking spaces required due to the alterations and the addition of the new cottages. The locus is nonconforming as to parking, providing substantially less than the required 234 parking spaces, and as to loading zone with no complying space provided on site. 3. This decision is based on the application and materials submitted with it and the testimony and evidence presented at the public hearing. The applicant was represented at the hearing by Paul Gonella, General Manager of Point Breeze LLC, and John Newman, of Sandcastle Construction. Two abutters opposed to the application addressed the Board, and the Board also received and considered two letters written in opposition. The Planning Board recommended modifications to the site plan to produce 16 parking spaces with a 24 foot aisle width, and incorporation into the decision of a Transportation Demand Management strategy. 4. The applicant seeks to move four cottages slated for demolition by the White Elephant Hotel to the large expanse of lawn to the east of the main Point Breeze Hotel structure. Three cottages already are located on the lawn area. Each newly moved cottage will contain two guest rooms, which will increase the rental rooms from the existing 27 to 35. The existing 27 rooms are a significant reduction in the intensity over the last two years. During that time, renovation of the main hotel building has resulted in a reduction of rooms from 44 to the current 27. Adding the cottages to the Point Breeze property will increase the number of rooms to 35. This number still reflects a decrease in intensity from the beginning of the hotel renovations to their completion. 5. A structure running approximately parallel to the northern property line, located 4.0 and 4.4 feet from that lot line, presently is used to house employees of the hotel. The applicant proposes renovating that structure, although the applicant will maintain it as an employee dormitory. The renovation contemplates expanding the footprint after moving the structure out of the five-foot setback. The Point Breeze proposes reducing the number of rooms in the dormitory from nine to five during the renovation. 6. Both proposed changes impact parking calculations. The Point Breeze complex, an historic hotel on Nantucket predates zoning and between its hotel, restaurant, and function rooms, is grandfathered for 220 of its required 234 parking space (the complex indicates in its site plan 141ega1 spaces in its parking lot, although in practice, the site plan indicates, the lot generally holds 22 automobiles). Under § 139-18A of the Bylaw, changi,r~the footprint of a structure triggezSparking requirements for the structure and its use as if it were newly constructed. The four new cottages, will contain a total of eight new rental bedrooms. The Bylaw requires two spaces plus one space for each new unit, resulting in a parking requirement for the new cottages of 10 spaces. However, combined with the 17 bedroom decrease arising out of the recent renovations to the main hotel, the net demand for parking has decreased. The proposed changes to the employee dormitory also triggers new computation for its associated parking under §139-18A. Point Breeze's proposed renovations to the dormitory require nine parking spaces under the Bylaw. The hotel can provide no additional parking beyond the fourteen legal spaces so the change to the dormitory requires a waiver of these nine spaces. We note that the Bylaw presently double counts for the employees housed within this on-site dormitory. It counts the occupants as employees and counts them again as occupants of the dormitory. The Board heard testimony that street parking is tight during the dinnertime hours as many patrons of in- Town restaurants park in the area, but that overnight the streets have plenty of available parking. The Board also heard testimony that Point Breeze discourages its employees from bringing automobiles to the Island. 8. Accordingly, by a unanimous vote (O'Mara, Waine, Parent, Toole, Sanford) the Board GRANTS the requested Special Permits under Nantucket Zoning Bylaw §§139-18 and 33A to permit the relocation of the four cottages to the subject lot, to validate the number of rental ~aonLSup to a maximum of 35, to permit the renovation and relocation of the employee dormitory structure, and to provide relief from all but 14 of the required parking spaces, as shown on the 7-29-99 site plan submitted by Sandcastle Construction approved and signed by the Board on August 13, 1999, with the following conditions: a. ~'~he move of the buildings will not occur before September 10, 1999; b. No exterior construction shall occur before October 15, 1999. ~` Dated December _~; 1999 ichael J. O'Mara '~ Da . Waine eil arent Edward Sanford i DECEIVED "~A~ ~ CKET~MAO02 54 ®E: ~ 2 2 X999 l~5~_ ~;LERK: ~-