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HomeMy WebLinkAbout069-98TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: January ~~ ~ 19 99 To: Parties in Interest and_Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 069-98 Owner/Applicant: RONALD K. BAMBER FOR HIMSELF AS .OWNER AND FOR BARRY F. DONOVAN, CONTRACT PURCHASER (NOW OWNER) Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the Decision must be brought by filing an complaint in court within TWENTY (20) days after this day's date. Notice of the action with a copy of the complaint and certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20) days. Dale W. Waine ~ Chairman cc: Town Clerk Planning Board Building Commissioner 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 69 27 Nobadeer Farm Road Parcel 24.1 Land Court Plan 16514-4, Lot 199 Residential-Commercial-2 Cert. of Title 18,250 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., originally noticed for Friday, July 10, 1998, and continued without opening until •10:00 AM, July 28, 1998, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of RONALD K. BAMBER FOR HIMSELF AS OWNER AND FOR BARRY F. DONOVAN, CONTRACT PURCHASER (now owner), of P.O. Box 1346, Nantucket, MA 02554, Board of Appeals File No. 069-98, the Board made the following Decision: 1. Applicant (Donovan) is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-9B(2)(a) (light manufacturing), (b) (storage and warehousing), and (c) (fabrication of component parts). Applicant proposes to construct up to a 3900 square-foot structure that would contain up to six (6) self-storage units, two (2) shop units and two (2) residential units. All dimensional, parking and loading zone requirements would be met. The Premises is located at 27 NOBADEER FARM ROAD, Assessor's Map 69, Parcel 24.1, Land Court Plan 16514-4, Lot 199. The property is zoned Residential-Commercial-2. 2. The Decision is based upon the Application and materials submitted with it and the testimony and evidence presented at the Hearing. The Planning Board made a favorable recommendation upon Applicant meeting certain conditions. A letter was submitted to the file from the General Manager of the Wannacomet Water Company, as required under Nantucket Zoning By-Law §139-12, stating that after review he found that the project would not have an adverse impact on the groundwater quality and approved of the plan. One (1) abutter was present at the Hearing and stated that he did not object to the project bu expressed several concerns. 3. Applicant is proposing to construct a mixed use commercial building with two (2) apartments on a vacant lot situated within the Public Wellhead Recharge District. The storage units would be used for dead storage only with no businesses being allowed to run their operations from any of those units. There would be no hazardous materials stored on site. The structure would meet all dimensional requirements and would have a green space calculation of a minimum of 20% as required under the Zoning By-Law. The six (6) required parking spaces and loading zone would be provided on site. Applicant presented a screening plan that showed dense plantings along the north and south side lot lines and along the westerly rear yard lot line which the Board asked Applicant to revise. A hard surface entrance apron would be provided from Nobadeer Farm Road. In response to the concerns expressed by the Abutter, Applicants stated that there would be no Sunday operation of the shop spaces, with the hours to be no earlier than 7:00 AM and no later than 7:00 PM. Upon Planning Board approval Applicant's Lot would also share a common driveway with the immediately abutting Lot to the south to minimize the impact of the size of the buildings as said abutting Lot has also received similar relief in BOA File No. 077-98. 4. Therefore, the Board finds that the grant of relief by Special Permit to allow the use of the structure as proposed, would be in harmony with the general purpose and intent of the Zoning By-Law. The Board notes that the structure is situated within a commercial district in which several large commercial structures have been built in the immediate area with relief from this Board and further finds that the use is appropriate for the location. 5. Accordingly, upon a unanimous vote, the Board GRANTS the requested relief under Nantucket Zoning By-Law §139-9B(2)(a), (b) and (c), to use the structure as proposed upon the following conditions: a. The hours of operation of the two (2) shop spaces shall be no earlier than 7:00 AM and no later than 7:00 PM and have no Sunday hours; b. The up to six (6) storage units shall be used only for dead storage with no businesses being conducted from the site; c. There shall be no hazardous materials stored on site; and d. The screening, parking spaces, loading zone and access apron, shall be substantially as shown upon the Site Plan, done for "Henry Varian", by John J. Shugrue, dated September 9, 1998, marked as Exhibit A and attached hereto with. the Board noting that the screening along the .southerly side yard lot line may be changed and shortened due to the common driveway shared with the adjoining Lot. e. The structure shall meet all dimensional and green space requirements of the Zoning By-Law. Dated: January ~l 1999 Dale W. Waine nn~ RECEIVED Jvv 1 FFiCE TOWN CLERKS O Linda F . i 1 lams NANTUCKET, MA 02554 U )AN 1 1 1999 , Mich el O'Mara LIME: ~--~~-r~^1 '' ~ `1 t (' ~ ~ c ~~ __ ~ K: LE Nancy Sevrens ,_ ~ ~~ ~ -~ D. Neil'-Parent 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, JULY 10, 1998, in the CONFERENCE ROOM, TOWN ANNEX BIIILDING, 37 WASHINGTON STREET, Nantucket, Massachusetts, on the Application of the following: RONALD K. BAMBER FOR HIMSELF AS OWNER AND FOR BARRY F. DONOVAN, CONTRACT PURCHASER BOARD OF APPEALS FILE N0. 069-98 Applicant (Donovan) is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-9B(2)(a) (light manufacturing), (b) (storage and warehousing) and (c) (fabrication and assembly of component parts). Applicant proposes to.construct a 3900+ square-foot structure that will contain up to six (6) self-storage units, two (2) shop units and two (2) residential units. All dimensional, parking and loading zone requirements will be met. The premises is located at 27 NOBADEER FARM ROAD, Assessor's Map 69, Parcel 24.1, Land Court Plan 16514-4, Lot 199. The property is zoned Residential-Commercial-2. - a~~ Dale W. Waine, Chairman THIS NOTICE IS AVAILABLE ALTERNATIVE FORMATS. (.SO~r ~~8=721 5. --- -- . ._ IN LARGE PRINT OR C(~THCR FOR ASS~ISTANC~E LALL _ _.~ __ ~~ ~:r`~" >BoA Form 1-89 NANTIICRET ZONING BOARD OF APPEALS >~: TOWN AND COIINTY BIIILDINa Dat NAN'~'IICKET, M7- 02554 CAGE No.~-_ ' APPLICATION FOR RELIEF ~, owner' s name (s) : . ~~ ~1c;~ l c~ K 1?-x-~...v-~-~~~~ -~ ;, ~•!` _ Mailing address: F~ C~ ~()~ Zlo, I`~ CLh~~ c K-e~ ,_._,~'Y1~9 O~ ~ S ~f Applicant's name: ~A-rz~.'f ~• "©U~.Eot//h.1 Mailing address: '~D X I~'I l~ Nr~,.~rv~~ ~>k ,t GZSS~' Location of lot: Assessor's map and parcel number ~D 9 - a~-f • ~ ~ r~~ ~ ~- Street address : ~; 7 iy c`ba d ~ ~' t- _ ~k & P n~o~~,, Plan File hot ~~1~1 Registry Land Ct Plan, Flsn ( Date lot acquired: ~,_/_ PJe~~f L,2~ Zoning district ~C,:~-- Uses on lot -.commercial:'None /or MCD?- - number oP: dwellings- duplex- apartments- rental rooms- g ( ): pre-8/72? or Buildin date s all C of o. ~- Building Permit appl'n. Nos. Case Nos. all BoA applications, lawsuits: State Pully all zoning relief sought and respective coae secr.iv,~5 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-:OA 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 . ~~ ~~~ Items enclosed as part of this Application: orderl addendum2~/ Locus map- Site plan showing present +planne~Ic. structures Floor plans present proposed elevations (HDC aappproved?,_). Listings lot area frontage setbacks- GCR parking data Assessor-certifie3 addressee I~st 4 sets ma~l ri1 g labels 2 sets= 200 fee payable to To~,'n of Nantucket proof 'cap' covenant (If an appeal, ask Toom Clerk to sencTT~ldq 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~pe~rjury. , / SIGNATURE:/T~ a.i~~~,.,~~~Applicant ~! Attorney/agent - 3(If not ownex or owner's attorney, enclose proof of authority) RECEIVE.=- TOWN CLERK'S ~ ' ~ ~_ NANTUCKET, M" ~ "'`~`' JUN 2 4 1993 TIME: -z-- _-- CLERK: ~ . _-_ FOR BoA OFFICE USE /+~ ~~ ~~ Application copies recd: 4_l~ or_ for BoA on~ / ~y_Ld~_ One copy filed with Town Clerk on~~/~by complete?\- One copy each to Planning Bd and Buildi/n De~t ~~by_GY.[/J _ $200 fee check given Town Treasurer on-U2~~~~!= bY~4~- waived?_ Hearing notice posted~/~~~~mailed,~L¢ 1 & M~• /Jl-a, ~~~ Hearing(s) on_/_/_ cont'~:~ to,_/~_, ~,_/„ withdrawn?~~~ Decision due by~~_ made_/~_ filed TC_/~f_ mailed~,~_„_ Sae ralatad cases lawsuits other ~~17 ~~ r.~ v M U {--1 ~~ ~ ~ ~3~ ' ~} ~ ~~ 7 ~ ~b ~~ ~G ~ TC~ ~L--Ld 1N 'J-"t-4 ~- ~r~ST~vn~~ ~F A ?J90C~5-~. M1~tE(~ U5~ ~C.ti~.rT'T, ~~~ ~~GI~bS~ ~vILD)1~G~ '~IiLZ ~<jvSE lQ SELr -STV~rtiE Ula ~t~ ~i ~'•~ ~ Tw v S lko p ~~>a ,TS Cl'~~l ~tl~r~ 2~ ~ Dt~,~T~4L ~fiji G6,u~U(1 fC.EQ~IIZ~-•(.1=i..~T{j ~TIiL~ $~ M.~1', ~,~.a~ JUN 9 1998 BoA Form NANTUCKET ZONING BOARD OF APPEALS TOWN.AND COUNTY BUILDING NANTUCKET, Mk 02554 2-89 ASSESSORS LIST OF P_AitTIES IN T_Nt^EREST PROPERTY OWNER: ~Q(1(}~Id K . I..~C~~P (~ ~ APPLICANT FOR RELIEF {SAME? ) CSAfY~P lJUnoV~n -~ ADDRESS OF PROPERTY : 2~ I~ n~~dee ~ --c~M ~d ASSESSORS MAP & PnRCEL: ~`p~- (~0~,"[ ' LIST OF PA~tTIES INCLUDING ADDRESSES*(OR SEE ATTACr?ED I certify that the foregoing (or the attached ) lists all persons natural or legal, who are owners of abutting property owners of land direct~y 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)}. ~ ~o~~~ Date P.ssessors Office Town of Nantucket *NOTE: Applicant (petitioner) should include with the lot . for which zoning relief is sought, any com-~only-owned abutting lots which might beco:~e involved in the zoning matter. List r.:ap ar~d parcels foy eac?: abutter. 0,/10/98 TOWN OF NANTUCKET 10:26:04 OWNER'S MAILING ADDRESS LIST Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Location 0069 0022 STONE GREGORY L & MULVEY LISA PO BOX 45 0085 HINSDALE RD SIASCONSET MA 02564 0069 0023 WALSH JOHN 89 HINSDALE RD 0089 HINSDALE RD NANTUCKET MA 02554 0069 00242 *BAMBER RONALD K PO BOX 26 0025 NOBADEER FARM RD NANTUCKET MA 02554 0069 00243 *BAMBER RONALD K PO BOX 26 0029 NOBADEER FARM RD NANTUCKET MA 02554 0069 0081 *QUINN DONALD P TRUSTEE 32 COURT STREET 023- NOBADEER FARM RD STONE SACHEM LAND TRUST PLYMOUTH MA 02360 0069 0082 *QUINN DONALD P TRUSTEE 32 COURT STREET 0023 NOBADEER FARM RD PLYMOUTH MA 02360 0069 0028 HAMMOND KENNETH M GENDRON KAT 0018 NOBADEER FARM RD 0018 NOBADEER FARM RD & MATHEWSON BONNIE A NANTUCKET MA 02554 0069 0027 BROOKS BRADFORD PELTON 0098 HINSDALE RD 0098 HINSDALE RD NANTUCKET MA 02554 0069 0026 REED VICTOR SR 00[0 NOBADEER FARM RD 0020 NOBADEER FARM RD NANTUCKET MA 02554 0069 0067 TEASDALE ANN R PO BOX 157 0019 TEASDALE CI NANTUCKET MA 02554 0069 0068 JONES J THOMAS & BAYNES L TRS 0700 ACUSHNET AVE 0017, TEASDALE CI FARMDALE NOMINEE TRUST NEW BEDFORD MA 02740 0069 0069 *LIDDLE ROBERT & SIBLEY ELIZABE 0015 TEASDALE CIR 0015 TEASDALE CI NANTUCKET MA 02554 0069 0079 *HALL BROOKS C & SALLY B 52 HUMMOCK POND ROAD 0016 TEASDALE CI NANTUCKET MA 02554 0069 0078 HTZ REALTY TRUST PO BOX 2550 0006 TEASDALE CI NANTUCKET MA 02584-2550 0069 0077 MITCHELL CARTER K 51 POLPIS RD 0002 TEASDALE CI NANTUCKET MA 02554 0069 0080 *BLACKWELL JEFFREY & CASEY MARY PO BOX 2534 0020 TEASDALE CI NANTUCKET MA 02584 0069 00191 JONES DUANE P PO BOX 877 0039 NOBADEER FARM RD SIASCONSET MA 02564 0069 0020 FLEMING STEPHEN R & MARGARET A 0037 NOBADEER FARM RD 0037 NOBADEER FARM RD NANTUCKET MA 02554 0068 0045 DUNN LEE H TRUSTEE PO BOX 1846 0124 OLD SOUTH RD SOUTH LANDING TRUST NANTUCKET MA 02554 PAGE 1 M~AS750 8.5 NUMBER OF RECORDS = 19