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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, .,~- ~}~~. 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 ~• ~ ~ IJ ~' ~ I U ~ !~ _ ~ 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~ ~ .r. w ~ ~ I `-' ~`~ 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 ~SS ~, lc~C.,~r~ ~~2r ~. w ~ ~~J -- Waine /~ Linda Williams D' Mic e J. O'Mara NOR1 N wz~u-.irc .. _..~~_.........._.~.. ~ypy y.. ~ ~ ~I ~~~. I ~ y ~ y ~ ~ open space ( t 4380 S.F. ~Y y ~ ~ ~ ~ ~ ~ ~ I~ APPR^VEDS.~,~~~- NANTUCKET B^91~ OF APPEALS ~~ Q .V .PQ H PR^P^SED .~ ~N WAREH^USE with `~' ~~ 2 APARTMENTS ~ ~zo 1,937 S.F, I IN J, __ I ~ I ~ ~~ ~ ~ ~ I ~ ~~ ',.~ ',• 1t ~~ ' : Tom;'. .c ~ ~: •~? ~ ~ : ' fi _ .,:: i ` 'r' _ •Y:~ y~ ~ _ ~~ - • '.,. ~. FL^^D Z^NE X . ~: .`~J'~/'•~••~-f••~~"• .~.r ASPHALT A ~•;~.i `• ~ • ~ APRON :~ . - ;,, .. ' • ~ ~ d' ~ .. ~ ..a PG B7 22 :~a ::PERRY LANE~~~~-~': • .: . .~ '~•.. •:~' „Gl(IiTOG 1{dCl. AiIwMI.T MVYrf ~ . , • DATEi OC~+-JI1pYl~O. ~~/~ 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: ! .i..:~n LEGEND `-"~~?:~ GRAVEL 1•. 1`v + ,.~ C^NCRETE or ASPHALT ,• ~ „ ` GRASS (~ parking space . DENSEa~s}?,ACKED VEGETATIVE PLANT~NGS~ Z^NING~RC 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 N~RT N N12.15'30'E ~Y ~Y ~, 60.00' ~ y J' y y y J/ y y y ~ LUT 7 y .y y 10,002 S.F.`1' ~' ~' y' ~ y ~ ~ ~ ~ ~ y W y ~ y y ~ green space ~ y F y y 487~S y y . . y ~ y y y J/ y ~ y y J' y y y y ~ ~ y ~ ~ y W ~ PR^P^SED .~ y N WAREHOUSE with ~, ~, 2 APARTMENTS ~' '` 1,937 S.F, ~ ~ ~ ~ ~ y v U T ~Y ~l T v N u o a ~ ~ ~ ~ m 0 ~ cn 0 < r^ J' y y ~ .v .~ ~ ~ ~` ~ .v ~ - ;~o ~ ~ , ~ ~ .~. ~: - ~ ~~i;` ', , . Ql' y < . . - .. ~ -~ ~ ~ ~,: ~ y ' .j[ '. ~ ~~ y ~ Q; .. ~ ~ ~l ~l ~Y J y ~Y - -6apb':.: 512~114'S~V' . . . :... a . PERRY SANE THE PROP^SED STRUCTURES ARE LOCATED AS SHOWN ~~'M~,N Of dl,~'C' ~ ~ JOMN y~, ~H fd ~ HN SHUGR PLS ~ 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 3 ZG'F' N ~F ~~' . R . ,` `' i I . j . r I 4 ,, .{1 i ~• l ,` r ~~ ~ t ~ ~ ~ ~ ~~ ~s ' ~ ~~ P R LOT m A•19,46a• s.f. .1 ' • ~ ~ ~' , . Y -.~ . °'~ ., ~, ~ •. • ,, ., A V ~ :.. !.. ycc. •iz : ~ ~ "~ . pN ,coT a $ ~p o~ A•~997y1.f s tl ~ ~ Y C s 7r sa • ~o ~r ` .3 g ~ ~ A 760.60 ' v o ' ~ ~ ,COT 7 "v 8 .~ • /o, oar. * ~. F $ ~ ~ ~~ ~N , d 77' a's • io" i ~ ~• Q ,LOT d 2 g ,~ . /e,o/a r s.f ~ s 3 77•S6'/O•.[ • /GG.l7 /COT ~ ,~ . 9~ 934 f 3.f h ~ • /G T, /6 ,fie` •3~ b~ ~ ~ ~ .COT ~f , , ~ ~ A~2.3G 41S.0o ~•N Ts'sf'a'w no7.aa "7S.oo ~~.:"~ ••r a~-/ad 1 3 MYLi3 R.[/J 1~ ,Gos z ~O ~ ~ 8 V ~. ~ N . h ~ ~ N h 1 ~ ~~ ~h ~,~ h ~~ •• V o ~ ~ ~~o ~ O N ~ h ~ ~ ~ .~' ~ `~ ~ N ~~ ,~ o0 ~' .. .v ~.:-.~ ~ ~ .~ ; J ~- ~ ~ ~ _ s ~ h .N ti ' K1 ~ ~.; v p~ ~ .o ~ ~ a ~ ~, ~ ~ ~~ ( '. ~ m z ~ ~~ ~ ~$ N m j = o Z ~ ~ ~ f, ~ , ~ 4 ~ o ,, : o v ~~~ ~ p ~i ~ ~ ~ h `~ ~~ ~ N t . t r ~ `+J ~~ ~ e~ ~~$~~ h~~ j ~r4`~ ~~ 3~~~ a Q. ~ '~ .~ ~ oz/.~ • ~3 o `~ ~ ~ ~ ~~ ~ ~~ x ~- ~ ~' ~ . ~ ~~ ~~ •S tl ~ •~ $~ .. ~l ~; ~ h >~ ~ ~ ~ {~ ~~ ~~ ~~ •, 1 ~J S •' ' ~~ y ~: h ~~~ .~ ~ i; 1 } i t, s y~u~ a ,yY / :~ ~ '.~ `YZ;~ ~" m i ~ ,.'~ '• i _ '' i ~r• ; 1 i .. t a j ~ • '! f .~ , v ,' 1 .~ -.. ~;. -- t .~~ '~ ` `,l: ~ ~~. ~ ~ 8 -; 1 1 ..;~ _,... 5 ~, '. j .~,'% ~, N~RT H Ht2.1S'30•E A P P R^ V E D ~ ~, eo.0o• ~, ~, ~, NANTUCKET B^ARD OF APPEALS y ~ ~ ~ y ~ 10.002 s.~, ~ y ~ y ~ ~v 4640S.F, ~ ~ ~ ~ ~ ~ ~ ~ y ~ ~ ~ ~ y ~ ~ PR^P^SED .~. h WAREH^USE with `~' `~' 2 APARTMENTS ~, DATES 1,937 S•F. y ~ ,1' FILE NUMBER. Z W N V ~ J ~ u ~ri ~L ~Y o uNi ~ „ o o ,~ o ~ ~ m ~' `~' PARKING REQUIREMENTS y APARTMENTS 2 @ 1/ea, =2 t WAREH^USE 1/900sf, =2 ~ - ~ ~,:.. ~: .`: ~'`~ ~~~;~~ ~=<.~ LEGEND: `.' ,; Vail ~- _ - t ~"~>': ~;:-~N GRAVE L ~.: ..: ....L~ : ; 7 , _ :~1~` ~ ASPHAL "~~ ~;;~ -~' :;::~'-;' W y GRASS ' a' • •I~~ ~,~ ~.,~`~~,:.~,:. ~ si2~o.'4±sont:• :~ Z^NING~ RC ::. . ~' ~ ~~ "~-~~~ ~~::•~' 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