HomeMy WebLinkAbout052-98TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
37 WASHINGTON STREET
NANTUCKET, MASSACHUSETTS 02554
Date: September~Q 2000
TO: Parties in Interest and Others concerned with the
Decision of the BOARD OF APPEALS in the Application of
the following:
APPLICATION NO.: 052-98
OWNER/APPLICANT:
DEMOSTHENES MARKEN AND PAMELA MARKEN
Enclosed is the Decision of the Board of Appeals which has this
day been filed with the Nantucket Town Clerk. This Decision
provides a CLARIFICATION (not a Modification), an EXTENSION, or
authorizes a TEMPORARY PERMIT under Nantucket Zoning By-Law
§139-26H, with NO twenty (20) day appeal period required.
f
Michael J. 0' ra, Chairman
cc: Town Clerk
Planning Board
Building Department
Zoning Board of Appeals
37 Washington Street
Nantucket, Massachusetts 02554
Phone 508-228-7215
Fax 508-228-7205
Assessor's Map 67 5 Perry Lane
Parcel 112.3 Plan Book 22, Page 77, Lot 7
Residential Commercial -2 Deed Book 564, Page 179
At a hearing of the Nantucket Zoning Board of Appeals, on Friday, September 8, 2000 at
1:00 P.M., in the Conference Room, in the Town Annex Building,;37 Washington Street,
Nantucket, Massachusetts, the Board made the following Decision on the Application of
DEMOSTHENES MARI~EN AND PAMELA MARI~EN, Owners, 7 Bailey Road, Nantucket,
MA 02554, Board of Appeals File No. 052-98;
1. Applicants sought and received a SPECIAL PERMIT under Nantucket Zoning
By-Law Section 139-9B (2) (b) (storage and warehousing} from the Nantucket Zoning Board of
Appeals at the public hearing held on Friday, August 14, 1998 continued from the public hearing
convened on Friday, June 12, 1998. The SPECIAL PERMIT allowed the use of a proposed,
mixed-use,1906~ square foot building on a 10,002 square foot lot, for storage and warehousing
of food related items, with an ancillary office space and two (2) dwelling units on the second
floor. The SPECIAL PERMIT was contingent on a number of conditions with respect to, among
other things, lighting, vegetated buffer, hours of operation and backing trucks into Perry Lane.
The SPECIAL PERMIT further waived the requirement of a loading zone under Nantucket
Zoning By-law section 139-20C.
2. On May 16, 2000, the Applicants completed a Nantucket Building Permit
application for the construction allowed under the here and above-described SPECIAL PERMIT.
On June 6, 2000, the applicant received a letter from John H. Dunn, Building Commissioner for
the Town of Nantucket stating that, "...your application for a permit to build a mixed use
building with two dwelling units on the second floor, located at 5 Perry Lane (67-112.3) has been
reviewed pursuant to Section 139 of the Code of Nantucket and is for the following reason
denied. Your Lot is subject to Section 139-124C of the Code of Nantucket, the interim growth
rate provision of the Zoning By-Law also known as the Building Cap." Consequently,
Commissioner Dunn stated in his letter that the Applicants Building Permit application was
being placed in the "Ready but Denied" category pursuant to the Building Commissioners policy
and listed the applicant a "Cap List" "Date" of January, 2000. Accordingly, the two (2) dwelling
units, as well as the balance of the building, cannot be constructed until January, 2000, at the
earliest even though the aforementioned SPECIAL PERMIT approved the commercial use of the
building.
3. Nantucket Zoning By-Law Section 138-30I. Expiration of Special Permits, states that,
"... Special Permits shall expire after two years from the date of issuance if a scrbstantial Pcse
thereof has not commenced, except for good cause...". The Applicants' SPECIAL PERMIT was
signed by the Nantucket Zoning Board of Appeals on October 27, 1998; filed with the Nantucket
Town Clerk on October 27, 1998; and survived the statutory appeal period on November 16,
1998. Consequently, on November 16, 2000, this SPECIAL PERMIT will expire unless the
substantial use thereof has commenced pursuant to 139-30I, as described herein. Consequently,
the Building Permit will issue two (2) months after expiration of the SPECIAL PERMIT.
4. Applicants through their council, stated that construction pursuant to the
SPECIAL PERMIT cannot be commenced, -not through any fault of there own, but rather
because of the restrictions of the Nantucket "Building Cap". Therefore, the Applicants requested
that the Zoning Board of Appeals find that a "substantial use" of the SPECIAL PERMIT was
made upon a complete filing with the Nantucket Building Department for a Building Permit and
issuance of a "Cap List" date by the Building Commissioner.
5. Based on the forgoing testimony and evidence, the Board finds that the Applicant
made "substantial use" of his SPECIAL PERMIT within two years from the date of its issuance,
and therefore will not expire: (1) Upon the filing with the Nantucket Building Department of a
completed Building Permit application by the Applicants, and acceptance of same by the
Building Commissioner, and, (2) Receipt by the Applicant of a letter from the Nantucket
Building Commissioner denying the application pursuant to Nantucket Zoning By-Law Section
139-24C noting that the application is placed in the "ready but denied" category with°a "Cap
List" date certain given to the Applicant. Said letter is attached hereto and marked as Exhibit
«A„
September ~d, 2000
Dale W. Waine "
~ C/~-'
Edward Sa ord
~~
~~~-
Nancy . Sevrens
REGElVE®
TOWN CLERK'S OFFICE
NANTUCKET, MA 02554
SEP 2 0 2000
TI~VIE:-- --L ~-D, .,~-
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CLERK: ~~-~~,~,,~ ,.
~V11J,L1'11sV1 ru\L vvjJS~ ~.~.- ~~~~.--.--- - - - --
EXHIBIT "A" TOWN BUILDING ANNEX
37 WASHINGTON STREET
NANTUCKET, MASSACHUSETTS 02554 John H. Dunn
Building Commissioner
Telephone ti08-22&7222
Tale Fax 608-Z29-7249
June 6, 2000
Demosthenes Marken
7 Bailey Rd
Nantucket, MA 02554
Dear Mr. Marken,
Your application for a permit to build a mixed use building with two dwelling units
on the second floor, located at 5 Perry l_n (67-112.3) has been reviewed
pursuant to §139 Of the Code of Nantucket and is for the following reason denied.
Your lot is subject to §139-24C of the Code of Nantucket, the Interim Growth
Rate provision of the zoning by-law also known as the "building cap". Pursuant to
§139-24C(5)(t~) "1/12 of the number of applications for non-exempt building
permits authorized by section 139-24(C)(2)(c) shall be issued in equal amounts
on or about th~a first day of each month... ". Your application and accompanying
documentation is being placed in the "Ready but Denied" category pursuant to
the Building Commissioner's policy. Your "cap list" date is January, 2000.
The assignment of a "cap month" shall not be construed as a guarantee that the
permit will be issued in that month, see §139-24C(3)(a).
Pleasa be advised that you may appeal this decision of the Building
Commissioner to the Zoning Board of Appeals pursuant to §139-31 of the Code
of Nantucket. If you require any addiiional information please contact my Office.
Sincerely,
ohn H Dunn
Building Commissioner
csp 1Jen. t b7.1 t 2.3~m~lken
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: October a 7 19 98
To: Parties
Decision of
following:
in Interest and. Others concerned with the
the BOARD OF APPEALS in the Application of the
Application No.:
052-98
Owner/Applicant: DEMOSTHENES HARKEN AND PAMELA HARKEN
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.
_ ale W. Waine , Chairman
~~.
cc: Town Clerk
Planning Board.
Building Commissioner
E 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 §139-301 (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 5 Perry Lane
Parcel 112.3 Plan Book 22, Page 77, Lot 7
Residential Commercial-2 Deed Book 564, Page 179
At a Public Hearing of the Nantucket Zoning Board of Appeals, on
Friday, August 14, 1998 at 1:00 P.M., and continued from the Public
Hearing convened on Friday, June 12, 1998, in the Conference Room, in
the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts,
the Board made the following Decision on the Application of DEMOSTHENES
HARKEN AND PAMELA HARKEN, Owners, 7 Bailey Road, Nantucket, MA 02554,
Board of Appeals File No. 052-98, the Board made the following Decision:
1. Applicants are seeking a SPECIAL PERMIT under Nantucket Zoning
By-Law §139-9B(2)(b) (storage and warehousing). Applicants propose to
construct up to a 1960+ square-foot building on a 10,002 square-foot
lot, that would be used for storage and warehousing of food-related
items,•with an ancillary office space. There would be two (2) dwelling
units on the second floor. To the extent necessary, and/or in addition,
Applicants also seek relief by SPECIAL PERMIT under Nantucket Zoning
By-Law §139-20C (loading zone) to allow placement of the required space
within the five-foot side yard setback area.
The Premises is located at 5 PERRY LANE, Assessor's Map 67
Parcel 112.3, Plan Book 22, Page 77, Lot 7. The property is zoned
Residential-Commercial-2.
2. The Decision is based upon the Application and accompanying
materials submitted with it and the testimony and evidence presented at
the Hearing. The Planning Board made a favorable recommendation
provided Applicants fulfill necessary requirements. A letter from the
Nantucket Water Commission Superintendent was on file, which concurred
with Applicants' attorney concerning Determination of Applicability
under Zoning By-Law §139-12B(2)(s). It stated that the project, though
located within the Public Wellhead Recharge District ("PWRD"), did not
require a system for artificial recharge or precipitation nor did it
require a Finding of Water Quality Compliance. There was one (1) letter
from an abutter that stated that he had no objection to the. project,
adding that he knew that his property was located within a mixed use
residential/commercial area when he bought his land. There was one (1)
interested area resident present at the first Hearing that spoke in
favor of the Application. There was one (1) letter from an attorney
representing an abutter on file that expressed the opinion that the
Board of Appeals did not have the power to grant the relief requested
for the intended use as the use should be considered to be a "truck
terminal" which was not allowed within the PWRD. There were two (2)
-2-
abutters (including the aforementioned abutter represented by counsel)
present at the Hearing that spoke in opposition. One (1) interested
member of the public also spoke in opposition.
Abutters in opposition expressed concern about increased traffic
which would result from the proposed commercial use of the Locus,
citing safety concerns from delivery trucks entering and exiting the
Locus in an area that contained some residential dwellings. Concerns
were also expressed about trash containment, the size of the trucks on
a narrow way, parking in the street, unsecured outside storage of
materials, screening, lighting, drainage control and runoff, inadequate
parking area, and number of trucks that were to be parked on site at
any given time. However, much of the discussion centered on the hours
of operation and the potential impact from noise generated by the
trucks, compressors and ventilation units as well as the contention
that the proposed use of the structure would constitute that of a truck
terminal. In the course of the Public Hearing process, suggestions were
made as to conditions they wished to see imposed upon the project in
order to alleviate abutter concerns should the Board vote to grant the
relief requested, while reasserting their unconditional opposition to
the project in general.
3. Applicants, through counsel, represent that they are engaged
in the business of storage, warehousing and delivery of food-related
items, primarily dairy and produce products. They plan to construct a
building, with a ground cover of up to 1937+ square feet, that would
have a mixed use, i.e, one (1) commercial use, the storage, warehousing
and delivery of food items with ancillary office space, on the first
floor,'and two (2) dwelling units on the second floor on this 10,002±
square-foot Lot, situated in a district that requires a minimum lot
size of 5,000 square feet. Parking, loading zone and green space
requirements would all be met. Applicants have received Certificate of
Appropriateness No. 32,182 from the Historic District Commission for
the design of the structure showing the parking area in front of the
structure as indicated on a "Site Plan", done by John J. Shugrue, Inc.,
licensed surveyor, dated June 4, 1998.
Applicants state that there would not be constant truck traffic
generated by the proposed use as the one (1) to two (2) delivery trips
per day are traditionally made at the same time every day and commercial
activity would take place primarily after 7:00 A.M. to mid-afternoon
with the occasional trips to the boat outside of those hours. Any
commercial activity related to Applicants' business taking place prior
to 7:00 A.M. would be done by the Applicants within the structure. The
trucks would not need to travel down the private way, that terminates
in a hammer-head turnaround, past the residential dwellings to reach
the property as the Locus is situated closer to the main public
roadway, that provides access to the 10-lot subdivision, than said
dwellings. Applicants also offer to increase the number of on-site
parking spaces to a total of five (5), rather than limit the number to
the required minimum of four (4), in order to ensure that the trucks
and cars park solely on the Lot and not within the private way.
Applicants further characterized the neighborhood as already
of mixed use. There are several commercial businesses operating
out of the residences at the end of the street as well as throughout
-3-
the immediate area. The proposed structure would also be shielded from
the abutters by an existing storage and warehouse building on the
property immediately abutting the Locus to the south. Visual impact
would be mitigated by heavy screening and the siting of the structure
approximately 66+ feet from the private way. There would be no outside
storage of goods and materials as the building is designed to allow all
business-related items, other than the trucks, to be stored entirely
within the structure unlike at Applicants' current place of business on
a different lot.
Enclosed dumpsters would be provided, and all mechanical support
units would be located within the building, with any exterior venting to
be done on the north side of the building mid-structure, to help lessen
the impact of any noise emanating from said units. Applicants further
represent that they would make every effort to keep noise levels at a
minimum by backing the trucks into the bays at the end of the work day
and not starting the refrigeration units on the trucks prior to 7:00
A.M.
4. Applicants, through their counsel, dispute an abutter's
contention that the proposed use of the Premises as proposed would be
that of a truck terminal and therefore a-use prohibited in the PWRD.
Applicants entered evidence into the record differentiating the
proposed use from that of a truck terminal. Applicants also state that
there would be no repair or maintenance of the trucks upon the Premises,
activities that are traditionally associated with truck terminals.
Applicants further state that the use should not be viewed as a truck
terminal simply by the mere presence and numbers of their trucks on the
site as abutter's counsel argues.
After extensive discussion, and a motion made and seconded to
move the question of "Does the use proposed by the Applicants
constitute a truck terminal?", the Board finds, by a vote of three (3)
in favor, (Waine, Sevrens, O'Mara), one (1) opposed (Toole) and one (1)
abstaining (Williams), that the proposed use of the two-bay warehouse
structure does not constitute a truck terminal and thus the use is
allowed within the Public Wellhead Recharge District and within this
Board's jurisdiction to grant a Special Permit for said use in this
Residential-Commercial-2 Zoning District.
5. Based upon the foregoing testimony and evidence, the Board finds
that the proposed use of the Locus for the storage, warehousing and
delivery of food items, with ancillary office and two (2) second-floor
dwelling units and grant of a Special Permit under Nantucket Zoning
By-Law §139-9B(2)(b), with relief being particular to the Applicants and
not running with the land, would be in harmony with the purpose and
intent of the Nantucket Zoning By-Law and would not be inherently in
violation of Zoning By-Law §139-7E(4). The Board also finds, given the
mixed use character of the neighborhood, and based upon the conditions
set forth below, that the proposed use as specified above, would not
have a substantially detrimental impact upon the neighborhood. The
Board further finds that a grant of a Special Permit under Nantucket
Zoning By-Law §139-20C waiving the loading zone is not necessary as the
loading zone requirement is being complied with.
-4-
6. Accordingly, by a UNANIMOUS VOTE, the Board GRANTS the requested
SPECIAL PERMIT under Nantucket Zoning By-Law §139-9B(2)(b) to allow the
use of the proposed structure as described above, subject to the
following conditions:
(a) Commercial vehicles associated with Applicants' business,
that are parked on the Premises, shall not back out onto the private
way known as Perry Lane;
(b) The heating, venting, air conditioning systems and
refrigeration compressors associated with the commercial use on the
Premises shall be located within the interior of the structure,
mid-point on the north side of said structure;
(c) All dumpsters and trash receptacles shall be enclosed by an
approved board fence not less than six (6) feet in height and located
on the north side of the structure;
(d) The hours of commercial operation as described above, shall
be between the hours of 7:00 A.M. to 8:00 P.M., daily, with the caveat
however that trucks departing the Premises for the early steamship will
occasionally leave prior to 7:00 A.M., particularly during the summer
months when it is busier for Applicants'•business, with Applicants
making every effort to avoid backing the trucks up at hours other than
those stated above;
(e) There shall be no more than four (4) commercial vehicles
associated with Applicants' business stored on the Premises at any
given time;
(f) There shall be no outside storage of goods and materials
related to Applicants' business;
(g) There shall be no retail sales allowed on the Premises;
(h) There shall be no parking on the private way known as Perry
Lane of commercial vehicles associated with Applicants' business or
vehicles associated with Applicants' tenants in the residential units;
(i) Applicants shall provide
parking spaces, screening, gravel pa
onto Perry Lane, substantially shown
J. Shugrue, Inc., dated May 6, 1998,
and approved by a unanimous vote, by
per Nantucket Zoning By-Law §139-23,
Exhibit A;
a loading zone and five (5)
rking area, and an asphalt apron
upon the "Site Plan", done by John
revised June 4, 1998 and revised .
this Board on October 16, 1998, as
attached hereto and marked as
(j) The Applicants shall ensure that any runoff from gutters
and drains servicing the structure upon the Premises shall remain on
the Premises;
(k) Applicants shall ensure that all exterior lighting on the
Premises shall be directed downward and not at the neighboring
properties;
(1) All commercial trucks associated with Applicants' business
-5-
that are backing onto the Premises from the private way known as Perry
Lane, shall be benefitted by an individual assisting the driver of said
truck in said maneuver from interior of the Lot;
(m) Densely packed vegetative screening of the structure shall
be provided and maintained in conformity with Exhibit A; the structure
shall be enclosed on the north, west and south sides running the
perimeter of the property lines from the front building line of the
structure rearward, by a board fence as approved by the Nantucket
Historic District Commission; vegetative screening shall be provided on
the perimeter of the parking area so as to screen the parking area but
not obstruct the view of vehicles entering and exiting from the
Premises along the easterly side of the Locus;
(n) The structure shall be constructed in substantial
conformance with Historic District Commission ("HDC") Certificate of
Appropriateness No. 32,182, as may be amended with the revision of the
"Site Plan" approved October 16, 1998 that added a fifth parking space
rather than the four (4) as approved by the HDC in said Certificate;
the Board also notes that additional approval may be necessary and
sought under a separate HDC application number, for the approval of the
required board fence, and this condition is not to preclude the
Applicants' from seeking additional permits as may be necessary to
complete the project as proposed;
(o) The Applicants, jointly and severally, are granted the
Special Permit relief herein described, with any change necessitating
further relief from or modification of this Decision by this Board,
with the Premises being restricted to one (1) commercial use on site;
and
(p) There shall be no servicing or washing of commercial
vehicles associated with Applicant:' business on site;
Dated: October o21' 1998
~eC2 ~ V-~
1'.3~( p.rk,
OCT 27 1998
~ss~.~w~~ Cle~l~
-Da~G~ Wain e
Linda Williams
D'
Mic e J. O'Mara
NpRTN
~ u. I
~I ~ ~ ~ ~ w
( open space I
4380 S.F. ~L I
~I ~ ~ ~ ~
I
a
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~' ~ I U
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_ ~
PR^P^SED •i ~vWi
.~
WAREH^USE
with `~' I~
2 APARTMENTS ~, to
1,937 S.F. ~, IJN
APPR^VEDSd72.
NANTUCKET B^P,
OF APPEALS
~~
DATES oc-~laprl(~. ~ g6
FILE NUMBERS O.~oZ~QB~
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`-' ~`~ PARKING REQUIREMENTS
APARTMENTS 2 @ 1/ea. =2
:~.,~; _ :~' WAREHOUSE 1/900sf. =2
.,:::~-,. _ `;~~ ~ TOTAL
y~' '`• - ~'~ __`'91`Y"~f 5TH PARKING SPACE
:TP:.,. ... .., ..,:. _.
-~'~~ '~°~•~ ~~ LEGEND
~ .;p.::y;- ~ I ~~~Y~,:°_-•~ GRAVEL
I : ,:. _ I
_ - ~ ~ ••~ CONCRETE or
.~I ~•~ I ~ ASPHALT
I =':-~ ~, I ,~ GRASS
~I '~ r~•'~,~~~:V~z~;0.~rii= x parking space
'µ' ~~. ~ is-•~ ..~:. _
~,I ?'~~ _ A' ~'y `' ~'~ DENS~Einp,ACKED VEGETATIVE
" "` ~,~. ~L PLANT~[VG
_ ...: ~. • - .~~~~:• . s Irv Z^NING~ RC
"~.,r ASPHALT MINIMUM LOT SIZE•5,000 S.F.
FL^^D ZONE X ~+ •;/.::`L~~ •`~•••~°` •
~..:;','';.,;_ ~ _ ~,~. APRON MINIMUM FR^NTAGE~ 40 FT
' ~ • ~ ~' FR^NT YARD SETBACK' N^NE
_ ~ ~ ~~ °1 ' ~ - REAR & SIDE SETBACK•5 FT
PL BK 22 +: •• • + ~ + • a+ '•'~ °• GR^UND COVER RATI^~ 50%
PG 77 •:a.~::PERRY LANE •:~ ~':~
• ~,•C%IiTOG 1L~ ~AiFlMLT /AVOa ~ '~• ~ '~. ~ PLOT PLAN C1F LAND IN
• ~'• ' •' NANTUCKET, MA
THE PROPOSED STRUCTURES SCALES 1'= 20'
ARE L^CATED AS SHOWN DATE• MAY 6, 1998
~FF~' ~~ REVISED JUNE 4, 1998
o~ JOHN ti~ JOHN J. SHUGRUE, INC.
o J. ~ 57 OLD S^UTH ROAD
~, SHUGR E y NANTUCKET, MA 02554
J J. UGRUE PLS NO' s o
D TES AY 6, 1998 ~F s ~~°Q~ F^R~ DEM^ MARKEN
ASSESSORS ~~AP~67 ~ PARCEL N^. 112.3 #5769SC
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: October ~7 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.: 052-98
Owner/Applicant:
DEMOSTHENES MARKEN AND PAMELA MARKEN
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.
ale W. Waine - Chairman
/J'-
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 5 Perry Lane
Parcel 112.3 Plan Book 22, Page 77, Lot 7
Residential Commercial-2 Deed Book 564, Page 179
At a Public Hearing of the Nantucket Zoning Board of Appeals, on
Friday, August 14, 1998 at 1:00 P.M., and continued from the Public
Hearing convened on Friday, June 12, 1998, in the Conference Room, in
the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts,
the Board made the following Decision on the Application of DEMOSTHENES
HARKEN AND PAMELA HARKEN, Owners, 7 Bailey Road, Nantucket, MA 02554,
Board of Appeals File No. 052-98, the Board made the following Decision:
1. Applicants are seeking a SPECIAL PERMIT under Nantucket Zoning
By-Law §139-9B(2)(b) (storage and warehousing). Applicants propose to
construct up to a 1960+ square-foot building on a 10,002 square-foot
lot, that would be used for storage and warehousing of food-related
items, with an ancillary office space. There would be two (2) dwelling
units on the second floor. To the extent necessary, and/or in addition,
Applicants also seek relief by SPECIAL PERMIT under Nantucket Zoning
By-Law §139-20C (loading zone) to allow placement of the required space
within the five-foot side yard setback area.
The Premises is located at 5 PERRY LANE, Assessor's Map 67,
Parcel 112.3, Plan Book 22, Page 77, Lot 7. The property is zoned
Residential-Commercial-2.
2. The Decision is based upon the Application and accompanying
materials submitted with it and the testimony and evidence presented at
the Hearing. The Planning Board made a favorable recommendation
provided Applicants fulfill necessary requirements. A letter from the
Nantucket Water Commission Superintendent was on file, which concurred
with Applicants' attorney concerning Determination of Applicability
under Zoning By-Law §139-12B(2)(s). It stated that the project, though
located within the Public Wellhead Recharge District ("PWRD"), did not
require a system for artificial recharge or precipitation nor did it
require a Finding of Water Quality Compliance. There was one (1) letter
from an abutter that stated that he had no objection to the. project,
adding that he knew that his property was located within a mixed use
residential/commercial area when he bought his land. There was one (1)
interested area resident present at the first Hearing that spoke in
favor of the Application. There was one (1) letter from an attorney
representing an abutter on file that expressed the opinion that the
Board of Appeals did not have the power to grant the relief requested
for the intended use as the use should be considered to be a "truck
terminal" which was not allowed within the PWRD. There were two (2)
-2-
abutters (including the aforementioned abutter represented by counsel)
present at the Hearing that spoke in opposition. One (1) interested
member of the public also spoke in opposition.
Abutters in opposition expressed concern about increased traffic
which would result from the proposed commercial use of the Locus,
citing safety concerns from delivery trucks entering and exiting the
Locus in an area that contained some residential dwellings. Concerns
were also expressed about trash containment, the size of the trucks on
a narrow way, parking in the street, unsecured outside storage of
materials, screening, lighting, drainage control and runoff, inadequate
parking area, and number of trucks that were to be parked on site at
any given time. However, much of the discussion centered on the hours
of operation and the potential impact from noise generated by the
trucks, compressors and ventilation units as well as the contention
that the proposed use of the structure would constitute that of a truck
terminal. In the course of the Public Hearing process, suggestions were
made as to conditions they wished to see imposed upon the project in
order to alleviate abutter concerns should the Board vote to grant the
relief requested, while reasserting their unconditional opposition to
the project in general.
3. Applicants, through counsel, represent that they are engaged
in the business of storage, warehousing and delivery of food-related
items, primarily dairy and produce products. They plan to construct a
building, with a ground cover of up to 1937+ square feet, that would
have a mixed use, i.e, one (1) commercial use, the storage, warehousing
and delivery of food items with ancillary office space, on the first
floor, and two (2) dwelling units on the second floor on this 10,002±
square-foot Lot, situated in a district that requires a minimum lot
size of 5,000 square feet. Parking, loading zone and green space
requirements would all be met. Applicants have received Certificate of
Appropriateness No. 32,182 from the Historic District Commission for
the design of the structure showing the parking area in front of the
structure as indicated on a "Site Plan", done by John J. Shugrue, Inc.,
licensed surveyor, dated June 4, 1998.
Applicants state that there would not be constant truck traffic
generated by the proposed use as the one (1) to two (2) delivery trips
per day are traditionally made at the same time every day and commercial
activity would take place primarily after 7:00 A.M. to mid-afternoon
with the occasional trips to the boat outside of those hours. Any
commercial activity related to Applicants' business taking place prior
to 7:00 A.M. would be done by the Applicants within the structure. The
trucks would not need to travel down the private way, that terminates
in a hammer-head turnaround, past the residential dwellings to reach
the property as the Locus is situated closer to the main public
roadway, that provides access to the 10-lot subdivision, than said
dwellings. Applicants also offer to increase the number of on-site
parking spaces to a total of five (5), rather than limit the number to
the required minimum of four (4), in order to ensure that the trucks
and cars park solely on the Lot and not within the private way.
Applicants further characterized the neighborhood as already
of mixed use. There are several commercial businesses operating
out of the residences at the end of the street as well as throughout
-3-
the immediate area. The proposed structure would also be shielded from
the abutters by an existing storage and warehouse building on the
property immediately abutting the Locus to the south. Visual impact
would be mitigated by heavy screening and the siting of the structure
approximately 66+ feet from the private way. There would be no outside
storage of goods and materials as the building is designed to allow all
business-related items, other than the trucks, to be stored entirely
within the structure unlike at Applicants' current place of business on
a different lot.
Enclosed dumpsters would be provided, and all mechanical support
units would be located within the building, with any exterior venting to
be done on the north side of the building mid-structure, to help lessen
the impact of any noise emanating from said units. Applicants further
represent that they would make every effort to keep noise levels at a
minimum by backing the trucks into the bays at the end of the work day
and not starting the refrigeration units on the trucks prior to 7:00
A.M.
4. Applicants, through their counsel, dispute an abutter's
contention that the proposed use of the Premises as proposed would be
that of a truck terminal and therefore a use prohibited in the PWRD.
Applicants entered evidence into the record differentiating the
proposed use from that of a truck terminal. Applicants also state that
there would be no repair or maintenance of the trucks upon the Premises,
activities that are traditionally associated with truck terminals.
Applicants further state that the use should not be viewed as a truck
terminal simply by the mere presence and numbers of their trucks on the
site as abutter's counsel argues.
After extensive discussion, and a motion made and seconded to
move the question of "Does the use proposed by the Applicants
constitute a truck terminal?", the Board finds, by a vote of three (3)
in favor, (Waive, Sevrens, O'Mara), one (1) opposed (Toole) and one (1)
abstaining (Williams), that the proposed use of the two-bay warehouse
structure does not constitute a truck terminal and thus the use is
allowed within the Public Wellhead Recharge District and within this
Board's jurisdiction to grant a Special Permit for said use in this
Residential-Commercial-2 Zoning District.
5. Based upon the foregoing testimony and evidence, the Board finds
that the proposed use of the Locus for the storage, warehousing and
delivery of food items, with ancillary office and two (2) second-floor
dwelling units and grant of a Special Permit under Nantucket Zoning
By-Law §139-9B(2)(b), with relief being particular to the Applicants and
not running with the land, would be in harmony with the purpose and
intent of the Nantucket Zoning By-Law and would not be inherently in
violation of Zoning By-Law §139-7E(4). The Board also finds, given the
mixed use character of the neighborhood, and based upon the conditions
set forth below, that the proposed use as specified above, would not
have a substantially detrimental impact upon the neighborhood. The
Board further finds that a grant of a Special Permit under Nantucket
Zoning By-Law §139-20C waiving the loading zone is not necessary as the
loading zone requirement is being complied ~,rith.
-4-
6. Accordingly, by a UNANIMOUS VOTE, the Board GRANTS the requested
SPECIAL PERMIT under Nantucket Zoning By-Lana §139-9B(2)(b) to allow the
use of the proposed structure as described above, subject to the
following conditions:
(a) Commercial vehicles associated with Applicants' business,
that are parked on the Premises, shall not back out onto the private
way known as Perry Lane;
(b) The heating, venting, air conditioning systems and
refrigeration compressors associated with the commercial use on the
Premises shall be located within the interior of the structure,
mid-point on the north side of said structure;
(c) All dumpsters and trash receptacles shall be enclosed by an
approved board fence not less than six (6) feet in height and located
on the north side of the structure;
(d) The hours of commercial operation as described above, shall
be between the hours of 7:00 A.M. to 8:00 P.M., daily, with the caveat
however that trucks departing the Premises for the early steamship will
occasionally leave prior to 7:00 A.M., particularly during the summer
months when it is busier for Applicants'-business, with Applicants
making every effort to avoid backing the trucks up at hours other than
those stated above;
(e) There shall be no more than four (4) commercial vehicles
associated with Applicants' business stored on the Premises at any
given time;
(f) There shall be no outside storage of goods and materials
related to Applicants' business;
(g) There shall be no retail sales allowed on the Premises;
(h) There shall be no parking on the private way known as Perry
Lane of commercial vehicles associated with Applicants' business or
vehicles associated with Applicants' tenants in the residential units;
(i) Applicants shall provide
parking spaces, screening, gravel pa
onto Perry Lane, substantially shown
J. Shugrue, Inc., dated May 6, 1998,
and approved by a unanimous vote, by
per Nantucket Zoning By-Law §139-23,
Exhibit A;
a loading zone and five (5)
rking area, and an asphalt apron
upon the "Site Plan", done by John
revised June 4, 1998 and revised
this Board on October 16, 1998, as
attached hereto and marked as
(j) The Applicants shall ensure that any runoff from gutters
and drains servicing the structure upon the Premises shall remain on
the Premises;
(k) Applicants shall ensure that all exterior lighting on the
Premises shall be directed downward and not at the neighboring
properties;
(1) All commercial trucks associated with Applicants' business
-5-
that are backing onto the Premises from the private way known as Perry
Lane, shall be benefitted by an individual assisting the driver of said
truck in said maneuver from interior of the Lot;
(m) Densely packed vegetative screening of the structure shall
be provided and maintained in conformity with Exhibit A; the structure
shall be enclosed on the north, west and south sides running the
perimeter of the property lines from the front building line of the
structure rearward, by a board fence as approved by the Nantucket
Historic District Commission; vegetative screening shall be provided on
the perimeter of the parking area so as to screen the parking area but
not obstruct the view of vehicles entering and exiting from the
Premises along the easterly side of the Locus;
(n) The structure shall be constructed in substantial
conformance with Historic District Commission ("HDC") Certificate of
Appropriateness No. 32,182, as may be amended with the revision of the
"Site Plan" approved October 16, 1998 that added a fifth parking space
rather than the four (4) as approved by the HDC in said Certificate;
the Board also notes that additional approval may be necessary and
sought under a separate HDC application number, for the approval of the
required board fence, and this condition is not to preclude the
Applicants' from seeking additional permits as may be necessary to
complete the project as proposed;
(o) The Applicants, jointly and severally, are granted the
Special Permit relief herein described, with any change necessitating
further relief from or modification of this Decision by this Board,
with the Premises being restricted to one (1) commercial use on site;
and
(p) There shall be no servicing or washing of commercial
vehicles associated with Applicant:' business on site;
Dated: October ~~ 1998
1'.3~t p. M.
OCT 27 1998
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FILE NUMBERS D~oZ-Q~
PARKING REQUIREMENTS
APARTMENTS 2 @ 1/ea. =2
WAREH^USE 1/900sf. =2
T^TAL =4
PR^VIDED =4
5TH PARKING SPACE:
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MINIMUM LOT SIZE•5,000 S.F.
MINIMUM FR^NTAGE~40 FT
FR^NT YARD SETBACK~N^NE
REAR & SIDE SETBACKS FT
GROUND C^VER RATI^~ 50%
PLOT PLAN OF LAND IN
NANTUCKET, MA
THE PR^P^SED STRUCTURES
ARE LOCATED AS SH^WN
~~k~' JOHN
~ J.
,HUCai
J~ J. UGRUE PLS u No. 3
DATES AY 6, 1998 9F S ~
ASSESS^RS ~1AP' 67
SCALES 1'= 20'
DATES MAY 6, 1998
REVISED JUNE 4, 1998
JOHN J. SHUGRUE, INC.
57 OLD SOUTH R^AD
NANTUCKET, MA 02554
F^R~DEM^ MARKEN
PARCEL N^. 112.3 #5769SC
i
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, JUNE 12, 1998, in the CONFERENCE ROOM,
in the Town Annex Building, 37 Washington Street, Nantucket,
Massachusetts, on the Application of the following:
DEMOSTHENES S. AND PAMELA MARKEN
BOARD OF APPEALS FILE N0. 052-98
Applicants are seeking a SPECIAL PERMIT under Nantucket Zoning
By-Law §139-9B(2)(b) (storage and warehousing). Applicants propose to
construct up to a 1960+ square-foot building on a 10,002 square-foot
lot, that would be used for storage and warehousing of food related
items, with an ancillary office space. There would be two (2) dwelling
units on the second floor. To the extent necessary, and/or in addition,
Applicants also seek relief by SPECIAL PERMIT under Nantucket Zoning
By-Law §139-20C (loading zone) to allow placement of the required space
within the five-foot side yard setback area.
The Premises is located at 5 PERRY LANE, Assessor's Map 67,
Parcel 112.3, Plan Book 22, Page 77, Lot 7. The property is zoned
Residential-Commercial-2.
~ /, ~ ~ ~6
W ~ C;I ~~~(/LQ
Dale W. Waine, Chairman
RECEIVED
TOWN CLERK'S OFFICE
NAND'' !r.~cFT, M~ 02554
MAY 2 7 1998
71ME:
GLERK:
THIS NOTICE IS AVAILABLE
AL~fFRNATIVE FORMATS-
(50~)_ Z~8=7215. ~- -- ..
IN LARGE PRINT OR C~THCR
FOR ASS~ISTANCB MALL _ _.__ ___
A NEW RESIDENCE/OFFICE/WAREHOUSE for:
Demo Marken
7 Bailey Road
Nantucket MA 02554
228-8445
Location: 5 Perry Lane
Zoning: RC-2
Lot Size: 10,227 sgft
Allowable Ground Cover (50~) - 5,114 sgft
Proposed. Ground Cover: 1960 sgft (19~)
`~•~BoA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS
• TOWN AND COUNTY BUILDINo Date
NAN'-'UCKET, MA 02554
CASE No ?/ ~_
' APPLICATION FOR RELIEF
• Owner's name(s) : 1 ~w~.'O M0~`~~`~1
Mailing address : 7 ~ O~~~ .R~1 `~ ~1 l~. a~'~-1G~LSC" ~ ~.~ ~ZSS
Applicant's name: Save
Mailing address:
Location of lot: Assessor's map and parcel number ~1 - 1~~-•3
Street address : ~ ~erC"1 ~..o~v~
Registry Land Ct Plan, p1~n Bk & Pg or Plan File bot
Date lot acquired: _/_/_ Deed Ref ~, Zoning district - C."Z
Uses on lot - .commercial:' None ~ or
MCD?
- number of: dwellings duplex apartments rental rooms
Building date(s): all pze-8/72? or
Building Permit appl'n. Nos.
Case Nos. all BoA applications, lawsuits: '
C of O?
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-BOA if a Special Permit (and 139-33A
if to alter or extend a nar,con~'orming use). If appeal per 139-3~A
& B _ attach decision or order appealed. OK to attach addendum .
Applicant seeks Special Permit relief under 139-9B (b)
(warehousing and storage) to construct up to a 1960 sq.ft.
food storage warehouse with ancillary office space; and
two (2) dwelling units on the second floor. The applicant will
comply with all parking, loading, and zoning requirements.
Items enclosed as part of this Application: orderl addendum2~
Locus map, Site plan showing present +plannea~„ structures
Floor plans present ~proposed,~, elevations (HDC appproved?_).
Listings lot area rontage~~ setbacks~c GCR,~ pparking data~C,
Assessor-certifie addresseE• Tist 4 sets ma~ling labels 2 sets-
~200 fee payable to ToT~m of Nantucket proof 'cap' covenant
(If an appeal, ask Tom Clerk•to sen3 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:
Applicant Attorney/agent
3(rf not ownez• or owner's attorney, enclose proof of authority)
FOR BoA OFFICE USE
One copy each to Planning g p ~~~
~ ~ ~ by waived?
$200 fee check giyeri Town Treasurer or~J_/,~
Hearing notice posted ~ ~l~mailed~/~~'~1~ I & M~~~, ~~,.J.~~
Hearf ng ~ s) on,_/~/_ cont ~ -~ to~~_, ~~_ withdrawn?~,_._/_
Decision due by~,_,J_, made~~,_ filed TC~~_ mailed~,~_
See related cases lawsuits other
Application copies reed: 4_ V_ or for BoA on .~~/C~Y
one copy filed with Town Clerk on,~/~ ~ by complete? y
Bd and Build~.n De t (3 ~~by
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THE PROP^SED STRUCTURES
ARE LOCATED AS SHOWN
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DATE: MAY 6, 1998
ASSESS^RS-MAP 67
APPR^VED~
NANTUCKET B^ARD OF APPEALS
DATE.
FILE NUMBER
PARKING REQUIREMENTS
APARTMENTS 2 @ 1/ea. =2
WAREH^USE 1/900sf. =2
EMPL^YEES 1/3 er~p. =1
T^TAL =5
PROVIDED =5
LEGEND
~~~'~, GRAVEL
ASPHALT
W "~ ,,, "~ GRAS S
Z^NING~ RC
MINIMUM L^T SIZES 5,000 S.F.
MINIMUM FR^NTAGE~ 40 FT
FR^NT YARD SETBACK;N^NE
REAR & SIDE SETBACK: S FT
GROUND C^VER RATI^; 50%
'LDT PLAN ^F LAND IN
NANTUCKET, MA
~CALE~ 1"= 20'
DATES MAY 6, 1998
J^HN J. SHUGRUE, INC.
~7 ^LD S^UTH R^AD
NANTUCKET, MA 02554
-^R~ DEMO MARKEN
~CEL N^. 112.3 #5769SA
'~'
~l7 ~,!=R 3 0 1998
~~ ,
2-89
BoA Form
NANTUCKET ZONING BOA_ttD OF APPEALS
TOWN.AND COUNTY BUILDING
NP?~1TUCKET, MA 02554
ASSESSORS LIST OF PARTIES IN T_NTEREST
~,,. Ko ~ e
PROPERTY OWNER: ~2J~/1 ~ ~ ~~^0~~ ~ ~ ' "" '
APPLICANT FOR RELIEF (SAME? ) ,dl)E,~(s ~ ~~~-
ADDRESS OF PROPERTY: ~~- '
ASSESSORS MAP & PARCEL: QO~ t' ~ D ~ ~ 2
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 Nantucket
*NOTE: Applicant (petitioner) should include with the low
for which zoning relief is sought, any com-nonly-owned
abutting lots which might beco:-e involved in the zoning
matter. List r.:ap and parcels for each abutter.
~r.
05/04/98 TOWN OF NANTUCKET
15:29:04 OWNER'S MAILING ADDRESS LIST
Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Location
0067 0110 MORRIS WAYNE E & NANCY A PO BOX 58 0030 BARTLETT RD
NANTUCKET MA 02554
0067 0111 CAMPBELL ERNEST WAYNE & JOANNA 0005 W YORK LN 0028 BARTLETT RD
NANTUCKET MA C2554
0067 0112 PERRY NANCY A & ARMSTRONG JOSE 0026 BARTLETT RD 0026 BARTLETT RD
NANTUCKET MA 02554
0067 01122 PERRY NANCY ANN 0026 BARTLETT RD 0003 PERRY LN
NANTUCKET MA 02554
OOo7 01124 *OERIEN ROBERT J TRUSTEE C/0 12 41ESTVIEW TERRACE 0007 PERRY LN
CHESTER TRUST WOBURN MA 01801
0067 01125 MCHONE NANCY B PO BOX 2742 0009 PERRY LN
NANTUCKET MA 02584
0067 01126 GARNETT HENRY JR 0011 PERRY Lha 6011 PERRY LN
NANTUCKET MA 02554
0067 0001 HOBBY JOHN E & ADELE 2388 QUAKER CHURCH RD 0031 BARTLETT RD
YORKTOWN HGHTS NY 10598
0067 0002 HALLAM KERRY 1250 HANCOCK ST 0001 PHEASANT DR
C/0 BOSTON FIVE QUINCY MA 01269
0057 0003 CORBY R08ERT B ETAL 32 LONFELLOW DR 0029 BARTLETT RD
C/0 BARBARA A MINTZ NEWBURYPORT MA 01950
0067 00031 CORBY ROBERT B ETAL 32 LONFELLOW DR 0027 BARTLETT RD
C/0 BARBARA A MINTZ NEWBURYPORT MA 01950
0067 04255 PEAKER ROBERT H & VERONICA A 1126 E FRONT ST 0024 BARTLETT RD
PLAINFIELD NJ 07062
0067 04254 PEAKER ROBERT H & VERONICA A 1126 E FRONT ST 0004 PERRY LN
PLAINFIELD NJ 07052
0067 04253 PEAKER ROBERT H & VERONICA A 1126 E FRONT ST OOOb PERRY LN
PLAINFIELD NJ 07062
0067 04252 PEAKER ROBERT H & VERONICA A 1126 E FRONT ST 0008 PERRY LN
PLAINFIELD NJ 07062
0067 04251 DAY FRANK J & LAVON K PO BOX 2029 0010 PERRY LN
NANTUCKET MA 02584
0067 01121 KING ROBERT W PO BOX 337 0012 PERRY LN
SIASCONSET MA 02464
0067 C454 REIS MYLES SR PO BOX 113 0006 CYNTHIA LN
NANTUCKET MA 02554
0067 0455 REIS MYLES SR PO EOX 113 0008 CYNTHIA LN
NANTUCKET MA 02554
0067 0456 REIS MYLES SR PO BOX 113 0010 CYNTHIA LN
NANTUCKET MA 02554
0067 0457 REIS MYLES SR PO BOX 113 0012 CYNTHIA LN
NANTUCKET MA 02554
0067 0458 REIS MYLES SR PO EOX 113 0014 CYNTHIA LN
NANTUCKET MA 02554
0067 0459 REIS MYLES SR PO EOX 113 0016 CYNTHIA LN
NANTUCKET MA 02554
0067 0460 REIS MYLES SR PO BOX 113 0018 CYNTHIA LN
NANTUCKET MA 02554
0067 0461 ReIS MYLES SR PO EOX 113 0019 CYNTHIA LN
NANTUCKET MA 02554
0057 0109 CORREIRA BEVERLY J & JOHN P PO BOX 2359 0006 APPLETON RD
NANTUCKET MA 02584
PAGE 1
MUAS750 8.5
i
05/04/98
15:29:04
Map Block Lot Owner's/Co-Owner's Name
0066 0019 KALMAN MICHAEL
0066 0018 REITH MARY L
0066 00191 BRADT DAVID M & ANNE M
0066 00192 MURRAY JOHN P
OObb 0412 REIS MYLES SR
TOWN OF NANTUCKET
OWNER'S MAILING ADDRESS LIST
Mailing Address/City State Zip Property Location
PO BOX 154 0032 BARTLETT RD
NANTUCKET MA 02554
PO BOX 926 0035 BARTLETT RD
NANTUCKET MA 02554
PO BOX 1797 0002 APPLETON RD
NANTUCKET MA 02554
0004 APPLETON RD 0004 APPLETON RD
NANTUCKET MA 02554
PO BOX 113 0004 CYNTHIA LN
NANTUCKET MA 02554
PAGE 2
MUAS750 8.5
NUMBER OF RECORGS = 31
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~: .`: ~'`~ ~~~;~~ ~=<.~ LEGEND:
`.' ,; Vail ~- _ - t ~"~>': ~;:-~N GRAVE L
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_ :~1~` ~ ASPHAL
"~~ ~;;~ -~' :;::~'-;' W y GRASS
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~.,~`~~,:.~,:. ~ si2~o.'4±sont:• :~ Z^NING~ RC
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~' ~ ~~ "~-~~~ ~~::•~' MINIMUM L^T SIZES 5,000 S.F,
'...'." ~,~ :~~ ~• MINIMUM FR^NTAGE~ 40 FT
~'~.'`~•^~~~ ~" ' ` ~~• ~ ~ FR^NT YARD SETBACK; NONE
REAR & SIDE SETBACK. S FT
PG B7 22 PERRY L. A N E GROUND C^VER RATI^~ 50%
PL^T PLAN ^F LAND IN
NANTUCKET, MA
THE PR^POSED STRUCTURES SCALE; 1'= 20'
ARE L^CATED AS SHOWN "'=- DATES MAY 6, 1998
~'~' ' ' sq~,' REVISED. MAY 26, 1998
,~~ JflHN ti~ J^HN J. SHUGRUE, INC,
J• ~ 57 ^LD S^UTH ROAD
-~ ,,, .._ ~ sHUC~uE H NANTUCKET, MA 02554
No. 235^ ~
J J, SHU UE PLS
ATE: MAY 1998 of y~~ F^R~ DEMO MARKEN
G
ASSESS RS MAP 67 PARCEL N^, 112.3 # 5 7 6 9 S B