Loading...
HomeMy WebLinkAbout046-98TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: July O1 19 98 To: Parties in Interest and_Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 046-98 Owner/Applicant: LAWRENCE AND MICHELLE MAURY 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. h 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 67 15 Old South Road Parcel 41.1 Plan File No. 44-Q, Lot 3 RC-2 Deed Ref. 464/223 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., Friday, May 8, 1998 and continued to June 12., 1998, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of LAWRENCE AND MICHELE MAURY, of 87 Polpis Road, Nantucket, MA 02554, Board of Appeals File No. 046-98, the Board made the following Decision: 1. The Applicants are seeking a MODIFICATION of a SPECIAL PERMIT issued in Board of Appeals File No. 037-95 in which relief was granted under Nantucket Zoning By-Law §139-9B(2)(a), (b) and (c). Applicants wish the Board to strike the condition in paragraph.#5, subsection "b", that requires the garage structure to be used in conjunction with the owners' business and not rented out separately. The premises is located at 15 OLD SOUTH ROAD, Assessor's Map 67, Parcel 41.1, Plan File 44-Q, Lot 3. The property is zoned Residential-Commercial-2. 2. The Decision is based upon the Application and materials submitted with it the testimony and evidence presented at the Hearing. The Planning Board made no recommendation as the matter was not of planning concern. There were no letters in the file. 3. Applicants represented that they wished to be able to lease the two (2) existing structures separately from each other. The front structure was currently being used as Applicants' office for the construction business, with the rear structure being used for storage and warehousing of business related items. Applicants are in the process of selling their property and wish to allow the new owners the flexibility with the possible separate use of the structures. The original Decision contained a condition that the rear garage structure would be used in conjunction with the owners' construction business operated from the front structure and not leased separately. 4. Upon a review of the taped proceedings, by both the Applicants and Nantucket Board of Appeals staff, it was ascertained that the condition in question was incorrectly included in the previous Decision in BOA File No. 037-95. The motion made, seconded and voted on unanimously, only contained one (1) condition, that expressed in condition "a" that the structure be built in substantial conformance with Exhibit A, which was done, with a Certificate of Occupancy having been issued for both buildings. There was no reference made to restricting use of the garage structure to be in conjunction with the Applicants' business, though the matter was discussed during the Hearing. 5. Therefore, the Board finds that a grant of the requested Modification of the Decision made in BOA File No. 037-95 to strike condition "b" as stated above, and allow separate use and rental of the two (2) structures, would be in harmony with the purposes and intent of the Zoning By-Law and have no adverse effect upon the neighborhood. 6. Accordingly, the Board, by a vote of four (4) in favor (Waine, Williams, Toole, Madden) and one (1) opposed (Sevrens), GRANTS the requested MODIFICATION of the Decision issued in BOA File No. 037-95, striking the condition "b" in paragraph #5, that requires the garage structure to be used in conjunction with the owners' business and not rented out separately, thus allowing the Applicants to lease the two (2) structures separately. Dated: Ju~i'gl ®d, 1998 !I ~ Dale Waine C Linda F. Williams ~ Timothy Mad Nancy Sevrens RECEIVEa TOWN CLERK'S OFFICE NANTUrKFT n' ^ n2554 JUL 0 1 1998 T~IsMsE: __ _ CLERK: 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, MAY 8, 1998, in the CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 WASHINGTON STREET, Nantucket., Massachusetts, on the Application of the following: LAWRENCE M. MAURY ASSOCIATES, INC. BOARD OF APPEALS FILE N0. 046-98 The Applicant is seeking a MODIFICATION of a SPECIAL PERMIT issued in Board of Appeals File No. 037-95 in which relief was granted under Nantucvket Zoning By-Law §139-9B(2)(a), (b) and (c). Applicant wishes the Board to strike the condition in paragraph #5, subsection "b", that requires the garage structure to be used in conjunction with the owner's business and not rented out separately. The premises is located at 15 OLD SOUTH ROAD, Assessor's Map 67, Parcel 41.1, Plan File 44-Q, Lot 3. The property is zoned Residential-Commercial-2. <(~ n 1 ~ ~lJ Dale W. Waine, Chair n THIS NOTICE IS AVAILABLE IN LARGE PRINT OR CQTHER ALTERNATIVE FORMATS. FOR _ ASSISTANC;~ ,ALL _ _._ __ -. - (.50$x_ ~~8=721 ~. ----. ._ .-- - - - - - - //n ~•. , BoA Form 1-89 NANTUCKET ZONZNC3 BOARD OIL APPEALS ~ ~~ RCS ' T0~4N AND COUNTY BUZLDxNO Date NANTUCKET, MA 0255'd . ~ CABE No(~'~, ' ~P1?~~ATION k'OR R~~T xBR owner ' s name (s) : M ~ U iZ~___~-- l~ W R.~. til C ~. ~' M 1 C 4-~~- L~ nailing address: ~7 ~UL~-S ~ ~76~i~ N AN~ Vi`iC~i •~`"~-~ ~ ~=~~ Applicant'•s name; t~ta i 1 ing address Location of lot:• Asse'ssor's map and parcel number ~~ r Street address: ~ 5 DC.~ ~OU~"t~ ~-c'~ A!7 Registry Land Ct Plan, Plan Bk & Pg or Plan File _ ~•-r~` LotJ Date lot acquired: ~~~~ Deed Re.P~; ZL3 Zoning district ~TZ-- uses on 1•ot - commercial . None ^, or 6FFIC~• ~ S;TOcz./~~.~ 1`tcD? - number of: dwellings O •duplex O apartments © rental rooms O Building date(s) ; all pre-8/727 1JU, or C of o?~I~S .Building Permit appl'n. Nos. C~O~s Il~~.~_~~~D~~iC~~ 11`j~-z--`~5~ro~A~.~~ Case Nos, all BoA applications, lawsuits: ~ ~ ~~\ i~)D~ Appucn~-It,N 37- ~ State fully ~1•l .zoning relief sou ht and reapecti•va Code sections and subsections, specifically wha~~you propose compared to present and what grounds you urge for,BoA to make•each finding per Section 139-32A iP Variance, 139-3.OA iP a Special Permit (and 139-33A if to alter or extend a n'oncon~orrt~ing use). XP appeal per 139-31n ~ B ~ attach decision or order appealed. oIC to attach addenduml. APP+/~c pN~- •~~-4'v~srS '-r-a~A-r Pv~ac~~p f~ '~ C b.~ "-t~-~~ ~>rrv~~ v~2.~ ~ I~OJI~- P:~F~ U~~ p ~ 1~ ~ -.13U t~C- i 1 C 1J in-I i .~-~ ii-~L L> W ~J ~ {2' S F~ V '> ~ N ~ S j 1~~ 7 fJ u i • i',~N-Ck~ U V -i' Sim 71a~~--~.L.~~ ~~ • ~'~~ ~"E D ~~EIVE~~ ~ ~CJVVN CLERK'S Of"=i~'; • ~ APR 2 2 199 Items enclosed as part of this Application: ~rder1 'I~~~'-a°uuei~2 --~=~'~~_~`~ Locus map Site plan'/ showing present ~ .-+-planne structures ~~ Floor plans present proposed 'elevati'o`ns ° ~{~~e3LGr.~~ ~~ Listings lot area~~,~ frontage wetbacks` / GCR,~ parking data Assessor-certified addressee Tist 4 sets ma~ling labels 2 sets Si200 fee payable to Town. of Nantucket proof 'cap' covenant -` (If an appeal, ask~Town'Clerk to senct-Bldg Cvmr s, record to BoA~ I certify that the requested inPormatioTi?eubmi~ted is substantially complete • and ~ue' to t;he• best oP my knowledge,' under the pains and penalties of ~'er~ury. ~ ' SIGNATURE; ~ ~~~' Applicant Attorney/agent 3(If nct owner or owner's ttozne enclose proof of, authority) • FOR BoA OFFICE USE ~. Q~ Application copies rec' d : 4„~,~/or for BoA on- l/~v by_ ~~~/ ~ / one copy filed with Town Clerk on l~by complete?~'~~`~~~ one copy each' to Planning Bd and Bulldin Dept by $200 fee check given Town~Tre surer on by waived? fiearinc~ notice poste,d~~~~~._.!. mail.ed,~/ I & /~, ~~ • ~ ~~ Hearing(s) on,~,~/~ cont'd to~"/~, ~/`/,~ withdrawn?~_,/„_, Decision due by„_„/,_/~ mader/~/_ Piled TC,^/`/~ mailed,r/_/_, See related cases lacasuits ~ ather ~; LAWRENCE MAURY $7 Polpis Road Nantucket, MA 02554 March 30, 1998 Mr. Paul Jensen Board of Appeals Washington Street Nantucket, MA Dear Mr. Jensen, This letter will serve to give Michael Angelastro permission to represent me in my application to the Board for a modification of ZBA Decision 37-95. Thank you. S' cerely, Lawrence Maury U G. D 3 o v Tlf f{v/¢-D ~ ~S __. t 5.~9 0 ~ •~ ` 1~ ~ .~.~ 0 0 d N ~ 1 SEoRY c~ tC, ~ti. 1'-167. S.C.. 5.83 • . .. HA~a.~(+ 7oa ti ' b.93 ~ ~ ~w~Q ~µ w . LaT 3 r AR~~ _ H r ~~~g~~s,F. w ,' ~ J1 Old " ~ S¢h~7aR I ~eRC/-` PiT `` i ~ vac~Nbti ~a~ sc. ~ e a' o ~~ q I o ~•C.~ w~a s ~ . t4r~C r- t/1 Z ~ 3p3 = C~~ t~ S~ACk. 3~1~h SE. La\ A~.ti4~ Ea ~q~ s.G ~ ~ _ ~ I Q A I'" ~ ~ I ~~ I ~° ~J W IN D ~i,qq ~ r ZONING: /(-G -~ 9 MINIMUM LOT SIZE sDOd t.F ~'• MINIMUM FRONTAGE: y0 C~AP.wG~ ~ ~ ~ FRONT YARD SETBACK: ~o ~ ~~~•i SG REAR b SIDE SETBACK: S GROUND COVER RATIO: ,SO `Yo p LA D N c PLOT PLAN OF N I N' S~ ~~ ~~ ~ ~ NANTUCKET, MASS. ~~ i THE STRUCTURES Sl90WN ...•...~,~ SCALE 1 = ~O ARE LOCATED AS SHOWN. `~~s os aces„ ,,r° •s• DATE: p~G'. ~O~ ~99~ JOHN G~~ J. ~.~•~ ',~'~ ;,HUGRU[ ~~ JOHN J. SHUGRUE INC. t ~+~• 23529 57 OLD SOUTH ROAD JO S IUGRU PLS y°`~,~fGIST•ER~~ P°` NANTUCKET MA.02554 J ~ DATE• hCC, ~0~ /?9/~ J.ry" ~ °jD~--c.~ i / /*`~ FOR: ~f~/'(/~Y /~f~f//~Y ASSESSORS MAP 6 7 PA y~'~ #9/~3 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: July 7 19 95 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: Owner/Applicant: 037-95 LAWRENCE M. MAURY ASSOCIATES, INC. 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 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Assessor's Map 67 15 Old South Road Parcel 41 (portion) Registry Plan File 44-Q, Lot 3 R-C-2 Deed Ref. 115/136 At a Public Hearing of the Nantucket Zoning Board of Appeals, held at 1:00 P.M., Friday, June 9, 1995, in the Selectmen's Meeting Room, in the Town and County Building, Broad Street, Nantucket, MA, on the Application of LAWRENCE M. MAURY ASSOCIATES, INC., of 87 Polpis Road, Nantucket, MA 02554, Board of Appeals File No. 037-95, the Board made the following Decision: 1. Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-Law §139-9B(2)(a), (b) and (c) to allow the use of a structure for light manufacturing, storage and warehousing, and for the fabrication and assembly of component parts for off-site construction or use, respectively. Applicant proposes to construct a 720+ square foot storage building (sited on the rear portion of the Lot). Also located on the Lot is a building currently under construction that will be used as an office in conjunction with Applicant's construction business. The premises is located at 15 OLD SOUTH ROAD, Assessor's Map 67, Parcel 41 (portion), as shown in Registry Plan File 44-Q, Lot 3. The property is zoned Residential-Commercial-2. 2. The Decision is based upon the Application and materials submitted with it, and testimony and evidence submitted at the Hearing. The Planning Board made no recommendation. 3. Applicant proposes to construct a 720+ square foot building with a ridge height of 22+, to be used in conjunction with his construction business. Applicant represents that there will be no living space within the structure and that there will be adequate parking, including one (1) space designated for handicap use, and will provide a loading space with the requisite screening for the parking area for the uses on the premises, as indicated on a plan prepared by Lawrence M. Maury Associates, Inc., "Proposed Storage Building", dated 03/13/95, and marked as Exhibit "A", on file at the Board of Appeals. Applicant further represents that all dimensional zoning requirements will be met. 4. The Board finds that the Lot is located within a Residential-Commercial-2 zone with several commercial businesses currently operating in the immediate area and further finds that that the grant of relief would be in harmony with the general (037-95) -2- purpose and intent of the Zoning By-Law. The Board notes that the Historic District Commission has issued Certificate of Appropriateness No. 26908 for the proposed structure. 5. Accordingly, the Board, by a unanimous vote, GRANTS the requested SPECIAL PERMIT under Zoning By-Law §139-9B(2)(a), (b) and (c), subject to the following conditions: a. The structure shall be built in substantial conformance with Exhibit A; and b. -The structure shall be used in conjunction with the owner's business and not rented out separately. Dated: July ~ 1995 Dale W. Waine Linda F. Williams C/~,~n ~- Ann Ba s ~~ Mich 'Mara ~~~ ~ William Hourihan -TO=WN BOLD OF NANTUCKET O F AP-PEAL S NANTUCKET, MASSACHUSETTS 02554 Date: July 19 95 CERTIFICATE OF GRANTING OF X~Xg~Ngg~~,~~XSPECIAL PERMIT (Massachusetts General Laws, Chapter 40A, Section 11) The BOARD OF APPEALS of the TOWN OF NANTUCKET, hereby certifies that a YXYZXN~YXX~~IXXIfXSPECIAL PERMIT has been GRANTED: To•(Owner/Applicant) Lawrence M. Maury Associates, Inc. (037-95) Address: 87 Polpis Road, Nantucket, MA 02554 affecting the rights of the Owner/Applicant with respect to land or building at: 15 Old South Road, Assessor's Map 67, Parcel 41 (portion)„ Reaistry Plan File 44-Q, Lot 3 _ Deed Reference: 115/136 And the BOARD OF APPEALS further certifies that the attached Decision is a true and correct copy of its Decision GRANTING the ~i(~~~I~~T~~X~IQId~~7:XSPECIAL PERMIT and that copies of the Decision and of all plans referred to in the Decision have been filed with the Planning Board and the Town Clerk. The BOARD OF APPEALS calls to the. attention of the Owner/ Applicant that General Laws, Chapter 40A, Section 11 (last paragraph) provides that no ~g~I~~XXXffiX~XXSPECIAL PERMIT, or any EXTENSION, MODIFICATION or RENEWAL thereof, shall take effect until (a) a copy of the Decision is certified by the Town Clerk that TWENTY (20) days have elapsed after the Decision has been =fled in the office of the Town Clerk and no appeal has been filed (or, if such appeal has been filed, that it has been dismissed or denied) and (b) the certified copy is recorded in the Registry of Deeds for the County of Nantucket and indexed in the grantor index under the name of the Owner of Record or is recorded and note on the Owner's Certificate of Title. The fee for such recording or registering shall be paid by the Owner/Applicant. Chairman -Clerk `,~U 2-89 BoA Form r-- __. ~~ NANTUCKET ZONING BOA.FtD OF APPEALS TOWN AND COUNTY BUILDING 3 NANTUCKET, MA 02554 ASSESSORS LIST OF PAitTIES IN T_NTERES.T ` } __ PROPERTY OWNER: ti 2 APPLICANT FOR RELIEF (SAME? ) _ ~.~/~~ ~ I ADDRESS OF PROPERTY : ~ ) L/,(/ ('R- QUI~t ~~l' 1 ~ N y ~~ ~ O (o ~- - vl / ' J ASSESSORS MAP & PARCEL: `~1 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 cn any public or private street or way; and abutters of the abutters a:~d 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, Section 11 Zoning Code Chapter 139, Section 139-29D (2)}- Date P.ssessors Office Town of Nantucke~ *NOTE: Applicant (petitioner) should include with the lot for which zoning relief is sought, any com-ronly-owned abutting lots which ;night beco^~e involved ir, the zoninc natter. List r.:ap ar.d parcels for each: abutt°r• 04/07/98 08:58:31 Map Block Lot Owner's/Co-Owner's Name 0067 0040 NANTUCKET ELECTRIC COMPANY 0067 00412 LEMBERG DAVID A & ERIN M 0067 00413 *LEMBERG & SONS INC C067 0041 *SHAPIRO ROBERT S & LOIS K TR 0054 0046 *NANTUCKET TOWN OF WATER COMMISSIGN TOWN OF NANTUCKET OWNER'S MAILING ADDRESS LIST Mailing Address/City State Zip Property Location PO BOX 470 0002 FAIRGROUNDS RD WESTBOROUGH MA G1581 53 POCHICK AVE 0017 OLD SOUTH RD NANTUCKET MA 02554 28 1/Z PLEASANT ST 017- OLD SOUTH RD NANTUCKET MA 02554 50 CENTURY LANE 0019 OLD SOUTH RD WACHUN6 NJ 07060 0016 BROAD ST 0001 MILESTONE RD NANTUCKET MA 02554 PAGE 1 MUAS750 8.5 NUMBER OF RECORDS = 5