HomeMy WebLinkAbout009-10 Misurelli, Michael & Kalpazanov, Jivko(Pam Killen)0
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TOWN OF NANTUCKET ~~
BOARD O F APPEALS
NANTUCKET, MA 02554
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Fee: $300.00
Owner's name(s): Pamela D. Killen
Mailing address: 63 Vestal Street, Nantucket MA 02554
Phone Number: (day) 508-228-4455 (VDHS&B)
File No. r7~~~ ~u
E-Mail:
Applicant's name(s): Michael Misurelli & Jivko Kalpazanov
Mailing Address: c/o Glidden & Glidden PC, 37 Centre Street, Nantucket, MA 02554
Phone Number: 508-228-0771
Locus Address: 81 Hinsdale Road
APPLICATION
E-Mail: glidatty@nantucket.net
Assessor's Map/Parcel: 69/21
Land Court Plan/Plan Book & Page/Plan File No.: Lots 711, 712, 713 on LC Plan
16514-58
Deed Reference/Certificate of Title: 20987 Zoning District: RC-2
Uses on Lot- Commercial: None: Yes (describe) See Board of Appeals Decisions
010-90, 057-90, 045-08
Residential: Number of dwellings: 0 Duplex Apartments
Date of Structure(s): all pre-date 7/72: none pre-date zoning
Building Permit Numbers: 7688-90; 7689-90; and 270-09
~3
Previous Zoning Board Application Numbers: 010-90; 057-90; and 045-08
State below or attach a separate addendum of specific special permits or variance relief
applying for:
Please see attached.
I certify that the information contained herein is substantially complete and true to the
best of my knowledge, under the pains and penalties of perjury.
SIGNATURE:
SIGNATURE:
Applicant/Attorney/Agent*
Owner*
*If an Attorney or other Agent is representing the Owner or the Applicant, please provide
a signed proof of agency.
OFFICE USE ONLY
Application received on:_/_/_ By: Complete: Need Copies:
Filed with Town Clerk:-/_/_ Planning Board:-/_/_ Building Dept.:_/_/_ By:
Fee deposited with Town Treasurer:-/_/_ By: Waiver requested:
Granted:-/_/_ Hearing notice posted with Town Clerk:-/_/_ Mailed:-/_/_
I&M_/_/_ &_/_/_ Hearing(s) held on:_/_/_ Opened on :_/_/_
Continued to:_/_/_ Withdrawn:-/_/_ Decision Due By:_/_/_
Made:-/_/_ Filed w/Town Clerk:-/_/_ Mailed:-/_/_
Addendum "A"
Applicants are contract purchasers of property and are seeking a modification of the
Special Permit granted in File No. 045-08. Applicants propose to maintain the
commercial carpentry shop in the front building and be allowed to lease to third parties as
currently done. The remainder of the property will be used by Applicants for their
landscaping business. They will store trucks and equipment inside the buildings, and the
only outside storage will be plants, stone and landscaping material on pallets. The only
vehicles or equipment stored outside will be four (4) pull-behind trailers used to transport
lawn mowers and other power equipment. They will maintain the existing loading zone
and parking spaces and continue the same hours of operation.
i
F'Ornl 5-~9
Nr,NTUCKET ZONING BOARD OI' 11PPE74L5
TOWN 11ND COUNTY DU:CLDYNG 4 9 9 ~
N1INTUCKET~ M11 02559
A~~ril / ~ 1989
To: Parties in interest and others
concerned with the decision of the
Board o~ Appeals in Application No. 01090
o g• Paul Bruce Killen
Enclosed is the decision of the T3aard ot•' nppolls which has
this day been filed with the N~7nLuclceL `s'own Clerk. This
decision [provides a clarification ~.~ncl nc71r a modi:Eic~~tion
- or - authorizes a Temporary L>ermit unclrr zoning 13y1aw
Section 139-26Fi] .
~'; .. .
Wi iant 12. hermt~-n ^ Chairmzn
cc: Town Clerk
Planning Board
Building Commissioner
~~~~ 1>,
March 30, 1990
Board of Appeals
Town of Nantucket
Nantucket, MA 02554
Re:
Members of the Board:
C. ~1C~1ai'C~ LOI1117
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Application of Paul Bruce Killen (010-90)
This a.s a request for clarification of your decision in the above
matter dated March 20, 1990.
In Paragraph 6 of the decision you conditioned relir.~' upon
Applicant's sit~.ng the building about 20 feet north of that shown
on the original site plan. However, in response to an abutter's
concern the Applicant in actuality had agreed to site the
building about 20 feet in front of the abutter's dwelling, or
about 50 feet north of that shown on the original ~....~.: p:
i
ehalf of the Applicant, I request that you change the
distance "about 20 feet" to "about 50 feet" to reflect the intent
~of the Applicant.
I -~ ~, Sincere , ,
~"~ r S I ~
C. Richard Loftin
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,M,ain,strect Nanr.~-c~ct, Ma,tisac~,.usetts o:~5>Q ip4.11S•G:~:~1
49940
N2INTUCKET ZONING
BOARD OF APPEALS
NANTUCKET, MA 02554
At a public hearing on Friday, March 9, 1989, at
1:00 p.m. in the Town and County Building, Nantucket, on
the Application (010-90) of PAUSE EiRUCE KILLEN having an
address at 36-1/2 Cliff Road, Nantucket, MA 02554, the
Nantucket zoning Board of Appeals made the following
DECISION:
1. Applicant seeks a special Permit under zoning Cv~le
Sections 139-98(3)(b) and (c) to allow construction and
use of a 2400-SF, single-story building as a buil:?^r's
workshop and warehouse far building materials.
2. The premises are located at $1 Hinsdale Road,
Assessor's Parcel 69-021, Lot 141 of Land Court Plan
1651.4-X, and zoned Residential Commercial-2.
3. Our findings are based upon the Application papers
including the site plan included in the drawings u~~on
which is based Certificate of Appropriateness 20,070
granted 8/8/89 by the Historic District Commission.
Further basis lies in the representations and testimony
received at our hearing.
4. Applicant's Lot 141 of
portion extending general]
and a narrow strip extendi
easterly parallel to Hinsc
a measure of frontage on t
Questions of frontage and
in these proceedings, so u
that the lot is buildable.
0.52 acre includes a trapezoidal
y southwardly from Hinsdale Road
ng from the south lot line
ale Road, apparently to provide
he improved Nobadeer Farm Road.
regularity factor are not raised
e proceed upon the assumption
5. To meet the requirements of Section 139-16F, the lot
will be laid out with at least 20~ open area. Provision is
made for the requisite 3 off-street parking spaces and the
loading area, as shown on the site plan. «hile the relief
sought did not specifically address the question of open
storage of materials and goads, we understand from
Applicant that such open storage is foreseen. Section
139-98(3)(b) requires that such storage be properly
screened.
5. South of the parking area will be the proposed 2400-SF
building, elongated north-south. As we understand i.t, *..h?
building will be insulated, reducing the level of
machinery noises released to the exterior. Applicant
undertakes to remain in compliance with Section .~..~ 20,
especially -20A, also with any applicable provisions of
File No. 010-90
49940
Sections 139--14A and B protective of sole-souse ~gttifcY
recharge. Applicant intends to limit operations to times
usual to this type of business. On this basis, we make the
necessary finding that the use will not be in vio;.ation of
Section 139-20.
6. To meet neighborhood concerns as to noise, we onditi9~
relief upon Applicant siting the building about' feet`
north of that shown on the above-referenced site plan,
i.e., at the location shown on the new site plan, attached
hereto as Exhibit "}~". Otherwise, the proposed building
shall be in substantial conformi~ky with the plans and
elevations of Certificate of Appropriateness 20,070.
7. With the above-noted conditions, we understand that the
Planning Board's recommendation is favorable and
neighborhood concerns are addressed. The relief sought and
here granted is found to be in harmony with the general
purpose and intent of the zoning Bylaw.
8. Accordingly, by unanimous vote, this Board granL-s to
Applicant the requested Special Permit under Sections
139-9F3(3)(b) and (c) to construct and use the proposed
building as a builder's workshop a.nd a warehouse for
interior storage of building materials.
Dated !4~~tr(., fQ, 1990
l,in a F. Williams
Peter F. Dooley
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o`~~~rrur,~~.r TOWN OF NANTUCKET
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°:~ ~ BOARD OF APPEALS
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c°"'~RAt~°'~ NANTUCKET, MASSACHU TS 55
Date: October ~ ~ 19 90
MODIFICATION OF
CERTIFICATE OF GRANTING OF ~(,~~„Y~-f~i'17f1~1iti SPECIAL PERMIT
(Massachusetts General Laws, Chapter 40A, Section 11)
The BOARD OF APPEALS of the TOWN OF NANTUCKET, hereby certifres --T,-~-
that a VARIANCE and/or SPECIAL PERMIT has been GRANTED:
To:(Owner/Applicant) Paul Bruce Killen, (057-90) Modification of
(010-90)
Address:. 26 1/2 Cliff Road, Nantucket, MA 02554
affecting the rights of the Owner/Applicant with respect to land or
building at:
81 Hinsdale Road, Assessor's Map 69, Parcel 21, Land Court
Plan 16514-Y, Lot 141
Deed Reference: C'~' 14~ JZ_~
And the BOARD OF APPEALS further certifies that the attached
Decision is a true and correct copy of its Decision GRANTING the
~l@~7~#)dS~~XH#7~7~72XXSPECIAL PERMIT and that copies of the Decision and of
all plans referred to in the Decision have been filed with the Planning
Board and the Town Clerk.
The BOARD OF APPEALS calls to the attention of the Owner/
Applicant that General Laws, Chapter 40A, Section it (last paragraph}
provides .that no ~~~3~7~~ cR~rX3#RI~I(RX SPECIAL PERMIT, or any EXTENSION,
MODIFICATION or RENEWAL thereof, shall take effect until (a) a copy of
the Decision is certified by the Town Clerk that TWENTY (20) days have
elapsed after the Decision has been filed in the office of the Town
G*lerk and no appeal has been filed (or, if such appeal has been filed,
that it has been dismissed or denied) and (b) the certified copy is
recorded in the Registry of Deeds for the County of Nantucket and
indexed in the grantor index under the name of the Owner of Record or
is recorded and noted on the Owner's Certificate of Title. The fee for
such recording or registering shall be paid y the Owner/Applicant.
airman lerk
r ~,_, OS1$34
' `a~,N7uc,~~,r TOWN OF NANTUCKET
°:' sN BOARD OF APPEALS
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c°APOe~tE° ~ NANTUCKET, MASSACHUSETTS 02554
Date: October t3 . 19 90
To: Parties in Interest and Others concerned with the
Decision of the BOARD 8F ARFEALS- iu -the-.Aggii.cat:iDxL~_~,1e. _ ,~
following:
(057-90)
' Application No.: Modification of (010-90)
Owner/Applicant: Paul Bruce Killen
~~ . -
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 90A, 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 oL• 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
(2.0) days. /j
L nda F. Williams, Chairman
cc: Tawn Clerk
Planning Board
Building Commissioner
-~~ 051834
o~~~,~uo,~~ TOWN OF NANTUCKET
?' ~~ BOARD OF APPEALS
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'mac°gPOw-zs° ~S NANTUCKET, MASSACHUSETTS 02554
Map 69 81 Hinsdale Road
Parcel 21 Land Court Plan 16514-Y
Residential-Commercial-2 Lot 141
At a Public Hearing of the Zoning Board of Appeals held
September 14, 1990, at 1:00 P.M. in the Town and County Building,
Nantuc'k~t, on the Application of PAUL BRUCE KILbEN of 36 1-/2 ~Cl.if~......,_..,~..T__.,,,,,,
Road, Nantuc:cet,,~MA,02554 (057-90) the Board made the following
Decision:
1. Appla~ant seeks a Modification of a Special Permit granted
under Section 139-9B(3}(b) and (c) to allow use of a building for
storage and warehousing of goods and materials and for fabrication
and assembly of components for off-site construction use. The
proposed buildings will be two (2) 1200 SF structures to be used as a
buiider's workshop and warehouse for building materials. The existing
Special Permit granted under Board of Appeals file 010-90 allows one
building which would be the same size as the two proposed buildings
combined but on a site closer to the front lot line than the original
structure was proposed.
2. The Board's Decision is based upon the Application and
papers and documents filed therewith, the evidence, oral and
documentary, presented at the hearing, and a favorable recommendation
from the Planning Board. The closest abutter that had expressed
concern about the project at the last hearing, viewed the plans and
had no objection and was further supportive considering the fact that
the two structures would be moved more forward on the lot, away from
his dwelling.
3.--The Board finds that the proposed modification of the
existing Special Permit is in harmony with the general purpose and
intent of the Zoning By-Law with the following conditions:
a. instead of the one building specified in the existing
Special Permit of 2400 SF, Applicant may construct two
(2) buildings, each 1200 SF totalling not more than
2400 SF to be sited and constructed in substantial
conformity with the plans submitted with this
Application, marked Exhibit "A";
b. except as to the terms hereby modified, the existing
Special Permit shall remain in full force and effect.
. • • :4 - ®51834
,.
(057-90)
4. Upon a motion to approve, The Board grants, by unanimous
vote, the Modification to the Special Permit {010-90) to allow
• substitution of New Exhibit "A" showing two structures totalling
2400 SF and sited as shown.
Dated: October .31,99U:'' ~.
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Willia R. Sherman
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126208
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Cert: 20987 Doc: MSP O0
Registered: 01/30/2009 10:54 AM -o
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: October 8th ,2008
To: Parties in Interest and.Others concerned with the Decision of
the BOARD OF APPEALS in the Application of the following:
Application No.:
Owner/Applicant:
045-08
Pamela D. Rillea
Enclosed is the Decision of the BOARD OP APPEALS which has this
day bees filed with 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 a
complaint in Land 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.
Michael J. O'Mara, Chairman
cc: Tows Clerk
Planning Board
Building Coaanissioner/Zoning Enforcement Officer
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT
AND WILL BXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING
BY-LA~V SECTION 139-30 (SPECIAL PERMITS}; SECTION 139-32
(VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD
OF APPEALS OFFICE AT 508-228-7215.
126208
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 69, Pazce121
81 Hinsdale Road, Nantucket
Lots 711, 712, 713, L.C. Plan No. 16514-58
Certificate of Title No. 20987
RC-2
DECISION:
I . At a public hearing of the Nantucket Board of Zoning Appeals on Friday, July 11,
2008, at 1:00 P.M. at 2 Fairgrounds Road, Nantucket, Massachusetts, and at the continued public
hearing on Friday, August 8, 2008 at 12:00 P.M., the Board made the following decision on the
application of PAMELA D. KILLEN of 63 Vestal Street, Nantucket, Massachusetts, File No.
045-08:
2. Applicant is seeking a modification ofthe Special Permit granted in File No. Oi0-
90, previously modified in File No. 057-90, to enclose the roofed-over storage area connecting
the two (2) existing commercial buildings in order to create one (1) commercial building, to
reconfigure the three (3) existing wood shop uses ofthe property into five (S) wood shop uses,
and to provide five (5) defined off-street parking spaces and an additional parking area on the
southern side of the property. The site is located at 81 HINSDALE ROAD, is shown on
Nantucket Tax Assessor's Map 69 as Pazcel 21, is shown on Land Court Plan 16514-58 as Lots
711, 712, and 713, and is recorded at the Nantucket County Registry of Deeds as Certificate of
Title No. 20987.
3. Our Decision is based upon the Application and accompanying materials,
representations and testimony received at our public hearing. The Planning Boazd made no
recommendation finding that the Application did not present any issues of planning concern. No
abutter comment was received either in favor of or against the Application.
4. The Applicant has a Special Permit permitting the use of the two (2) commercial
buildings on the property for a builder's workshop and for storage of building materials (ZBA
File Nos. 010-90 and 057-90). Currently there aze three (3) small woodworking shops on the
premises and the two (2) commercial buildings aze connected by a roofed-over storage azea.
The applicant is proposing to enclose the roofed-over storage area connecting the two (2)
existing commercial buildings to create one commercial building. Applicant is also proposing to
reconfigure the three (3} existing wood shop uses into Eve (5) wood shop uses. Finally, the
applicant is proposing to provide five (S) defined off-street parking spaces on the property as
shown on the proposed site plan.
The property and the proposed additions conform to the intensity regulations of the
Zoning Bylaw.
126208
5. At the July meeting, the Board requested the Applicant provide an updated
parking plan in order to accommodate additional vehicles. Accordingly, the Applicant provided
an updated site plan showing six (6) parking spaces.
6. The Board subsequently found that the proposed modification to enclose the
roofed-over storage area connecting the two (2) existing commercial buildings in order to create
one (1) commercial building, to reconfigure the three (3) existing wood shop uses of the property
into five (5}wood shop uses, and to provide six (6) defined off-street parking spaces and an
additional parking area on the southern side of the property is not substantially more detrimental
to the neighborhood than the existing uses and is in harmony with the general purpose and intent
of the Zoning Bylaw.
7. Accordingly, by UNANIMOUS VOTE, the Board of Appeals modifies its
Decisions in File Nos. 010-90 and 057-90 to grant the requested relief of enclosing the roofed-
over storage azea connecting the two (2) existing commercia! buildings in order to create one (1)
commercial building, reconfiguring the three (3} existing wood shop uses of the property into
five (5) wood shop uses, and providing six (6) defined off-street parking spaces and an additional
parking azea on the southern side of the property upon the following conditions:
1. Construction shall be done in substantial compliance with the plan entitled "An Addition
for The Killen Shop" dated July 21, 2008, prepared by Nantucket Architecture Group;
2. The evergreen screening as shown on the plan entitled "An Addition for The Killen
Shop" dated July 21, 2008, prepared by Nantucket Architecture Group shall be
maintained;
3. The commercial buildings shall be limited to a total of five (5) wood shops; and
4. The hours of operation shall be not earlier than 7:30 A.M. or later than 6:30 P.M on
Monday through Saturday, with no such operations on Sundays.
SIGNATURE PAGE TO FOLLOW
126208
October ~ , 2008
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss. October ~ , 2008
On this 0 ~ da~~1Y' of October, 2008, before me, the undersigned Notary Public,
personally appeared ~d~~ TAD ,who is personally known
to me, and wha is the person whose name is signed on the preceding or attached document, and
who acknowledged tome that he/she signed it voluntarily for its stated purpose.
~-.>«'~
,, k •~, A ~~ ~, Y° ~ Notary Public: 1/~h ~sS~l ,C • /til~~ryC
.'~` ~~~ ~ - My commission expires: l~'jQlr.~j ~,?~ 0~~3
w , : ` + ~ ~j
• ~ • I CERTffY THAT ~0 DAYS HAVE ELAPSED AFTER
'. ~CKET TCNVN .~I~ THE DECISION WAS FILED EN THE OFFICE OF THE
,. ~~ ~~.
',.~-'~~: i` ;'~• :'~~ ~ •..`~, 'I'OWN~CLERK, AND'i'HAT NO APPEAL HAS BEEN
-. ~~`+c~~b'~~Hi1Nif~~~~,•• FILED, ANTTO-GENERAL LAWS~QR;SECflONU
~~
TOWN CLERK
`JAN ~ ! 20D9
CAROL CROSS
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M POO G~
126208
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OFFER TO PURCHASE REAL ESTATE
"THIS IS A LEGALLY BINDING CONTRACT. IF NOT UNDERSTOOD, SEEK COMPETENT ADVICE."
from the Office of: Jordan Real Estate
DATE: 2/3/2010
To: Owner of Record
I hereby offer to buy the property herein referred to and identified as follows: 81 Hinsdale Road Nantucket,
Massachusetts, further identified as Map 69 Parcel 21
I hereby offer to buy said property under the following terms and conditions:
(1) I will pay therefore Eight Hundred Thousand ($825,000.00) dollars, of which:
(a) $ 5,000.00 is paid herewith as a deposit to bind this Offer.
(b) $75,000.00 is to be paid as an additional deposit upon execution of Purchase and Sale
Agreement as provided for below.
(c) $745,000.00 is to be paid in cash, certified check or bank draft at the time of the delivery of the Deed.
(d) $825,000.00 is the Total Purchase Price.
(2) This Offer is good until 2/4/2010. , at 5:00 P.M. or before which time a copy hereof shall be signed by you, the
Seller and your (spouse) signifying acceptance of this Offer, and returned to me forthwith; otherwise this Offer shall
be considered as rejected and any money deposited herewith shall be returned to me forthwith.
(3) The parties hereto shall, on or before 2/18/2010 at 5:00 P.M. execute a Purchase and Sale Agreement, which
when executed, shall be the Agreement between the parties hereto.
(4) A good and sufficient Deed, conveying a good, clear and marketable title of record shall be delivered at 1:OOPM
on March 30, 2010 at the Nantucket County Registry of Deeds, unless some other time and place are mutually
agreed upon.
(5) (a) If you (Seller) do not fulfill your (Seller's) obligations under this Agreement, said Agreement shall be
enforceable both at law and equity, (inclusive of specific performance).
(b) If I (Buyer) do not fulfill my obligations under this Offer, the deposit (1) (a) mentioned above shall become
your (seller's) property as liquidated damages without recourse to either party.
(6) Time is of the essence hereof.
(7) A fee of 2.5% will be paid to Jordan Real Estate acting as a buyer's agent, upon passing of title.
(8) See Attached Addendum.
(9) Buyer is responsible for 2% Land Bank Tax.
WITNESS my (our) hand(s) and seal(s).
SIGNED
(Buyer) Jivko Kalpaz ov
(Buyer) Michael Misurelli
(Address)
(Phone #)
This Offer is accepted upon the foregoing terms and conditions at
Receipt of the deposit of $5,000.00 is hereby acknowledged.
WITNESS my (our) hand(s) and seal(s).
(Seller)
Seller) Kille
(Broker)
ADDENDUM A
Killen /Misurelli and Kalpazanov
OFFER DATED: 2/3/2010
This offer is contingent on Buyers, at Buyer's sole expense, obtaining a modification from the Zoning Board of
Appeals to use the premises for their landscaping business. Buyers will apply for such hearing promptly and if
they do not get said approval this contract will be null and void. Buyers will apply on Feb 8, 2010 for the
March ZBA meeting.
Seller will close out all outstanding building permits. Buyers will purchase the property with the middle two
bays "as is."
Buyers will take delivery of the premises with an existing lease in the northerly unit and the rest of the building
must be tenant free.
This sale will be contingent on Buyers obtaining a financing commitment from an accredited lending
institution, on or before March 9, 2010 in an amount equal to 70% of the purchase price. Should buyers not
obtain said commitment this contract will be null and void and all deposits made hereunder will be refunded to
Buyers.
Buyers understand that the one (1) container on the property is included in the sale.
(Seller)
(Buyer) Jivko Kalp anov
RECEIPT FOR DEPOSIT
Received from Kalpazanov and Misurelli the sum of $5,000.00 as a deposit under the terms and conditions of the
above Offer to beheld in escrow by KILLEN REAL ESTATE
(Broker or authorized representative)
(Buyer) Michael Misurelli
r~~a~~- ~
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Town of Nantucket
Zoning Board of Appeals
~E~E~zi~~
BGAF-G OF ~S~~~S~fiS
FEB 4 5 20Q®
TC~V'~~J nF
NA~lTUC~T~ ~~~
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
PROPERTY OWNER...... ~...~. ~;'.: ~ L.~ ........~.:.....\L .~ ~L ~ . ~........
MAILING ADDRESS....... i..,..~...........~.~.~.~. ~.'~........?~ .....................
PROPERTY LOCATION........... ~.~..........~.~.\.':~.~. ~L.~..........Rf~...
ASSESSOR MAP/PARCEL........ ~.. ~..., . a' ~ ...................................... .
SUBMITTED BY........... ~..~........~~ ~~ 0~ .............................
SEE ATTACHED PAGES
I certify that the foregoing is a list of all persons who are owners of abutting
property, owners of land directly opposite on any public or private street or way;
and abutters of the abutters and all other land owners within 300 feet of the
property line of owner's property, as they appear on the most recent applicable tax
list (M.G.L. c. 40A, Section 11 and Zoning Code Chapter 40A, Section 139-29B
(2).
~D ~0/0 °~
DATE A SESSOR'S OFFICE
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TOWN OF NANTUCKET
BOARD OF APPEALS ~ ~~ ., ~
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NANTUCKET, MASSACHUSETTS 02 . ~ ~ ~``
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Date: March 22, 2010 ~~~ :.~
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To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 009-10
Owner/Applicant: Pamela D. Killen as owner
Micheal Misurelli and Jivko Kalpazanov
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with 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 a
complaint in Land 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) da
d
Michae J. Mara, Chairman
cc: Town Clerk
Planning Board
Building Commissioner/Zoning Enforcement Officer
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT
AND WILL E7CPIRE iF NOT ACTED. UPON ACCORDING TO NANTUCKET ZONING
BY-LAW SECTION 339-30 (SPECIAL PERMITS); SECTION 139-32
(VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD
OF APPEALS OFFICE AT 508-228-7215.
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 69, Parcel 21
81 Hinsdale Road, Nantucket
Lots 711, 712, 713, L.C. Plan No.16514-58
Certificate of Title No. 20987
RC-2
DECISION:
1. At a Public Hearing of the Nantucket Zoning Board of Appeals on
Thursday March 11, 2010, at 1:00 P.M, at 2 Fairgrounds Road, Nantucket,
Massachusetts, the Board made the following decision on the application of
PAMELA D. KILLEN as owner, MICHAEL MISURELLI and JIVKO
KALPAZANOV as applicants, 63 Vestal Street, Nantucket, Massachusetts 02554,
File No. 009-10:
2. Applicants are requesting a modification of the Special Permit in
ZBA Decision No. 045-08. The Applicants propose to maintain the commercial
carpentry shop in the front of the building; but, the remainder of the property
will be used by the Applicants for their landscaping business. The site is located
at 81 Hinsdale Road, is shown on Nantucket Tax Assessof s Map 69 as Parce121,
is shown as Lots 711, 712, and 713 on Land Court Plan 16514-58, and is registered
as Certificate of Title No. 20987 at the Nantucket County Registry District of the
Land Court. The site is zoned Residential Commercial - 2.
3. Our Decision is based upon the Application and accompanying
materials, representations and testimony received at our public hearing. The
Planning Board recommended that the board grant the requested relief. No
abutter comment was received either in favor of or against the Application.
4. In 2008 the owner received a modification of a Special Permit (File
No. 045-08) which allowed one large commercial building and five (5) wood
shop uses with six (6) defined off-street parking spaces and a screening plan to be
implemented . Applicants propose to purchase the property and operate their
landscaping business from the site. They will retain one commercial tenant
(carpentry shop) in the front building and they will use the rest of the property
for their landscaping business. There will be no outside storage of fertilizer,
loam or other organic material and no on-site storage of gasoline. They will,
within six (6) months of their purchase, cut the brush back to their property line
and plant the evergreen screening required in File No. 045-08. They will
maintain the same hours of operation as allowed by the existed special permit
and they agree to no Sunday hours of operation. Mr. Stone, an abutter
addressed the board with a number of questions and concerns. Applicant
confirmed (1) no additional ground cover, (2) no access from Old South Road to
the site and that adequate screening would be in place within six (6) months.
5. The board found that the proposed modification to the existing
Special Permit (045-08) allowing the change of use from 6 potential different
commercial uses to one commercial carpentry shop and one landscaping
business which maintained 6off-street parking spaces and implemented a
previously required screening plan, is not substantially more detrimental, and is
in fact less detrimental, to the neighborhood and is in harmony with the general
purpose and intent of the zoning by-law.
6. Accordingly, by UNANIMOUS vote, the Board of Appeals grants
the requested modification of the existing Special Permit (045-08) so as to allow
applicants to operate their landscaping business on site and maintain the
commercial tenant (carpentry shop) in the front building. This grant of relief is
issued upon the following conditions:
i. There shall be no further change of use without approval of
Board;
ii. There shall be no access to the site form Old South Road;
iii. The evergreen screening plan required in previous permit will
be fully implemented within six (6) months of applicant's
purchase of the property;
iv. There shall be six (6) dedicated off-street parking spaces; and,
v. The hours of operation shall be not earlier that 7:30 AM nor
later that 6:30 PM Monday through Saturday, with no such
operations on Sunday.
SIGNATURE PAGE TO FOLLOW
2
shop uses with six (6) defined off-street parking spaces and a screening plan to be
implemented . Applicants propose to purchase the property and operate their
landscaping business from the site. They will retain one commercial tenant
(carpentry shop) in the front building and they will use the rest of the property
for their landscaping business. There will be no outside storage of fertilizer,
loam or other organic material and no on-site storage of gasoline. They will,
within six (6) months of their purchase, cut the brush back to their property line
and plant the evergreen screening required in File No. 045-08. They will
maintain the same hours of operation as allowed by the existed special permit
and they agree to no Sunday hours of operation. Mr. Stone, an abutter
addressed -the board with a number of questions and concerns. Applicant
confirmed (1) no additional ground cover, (2) no access from Old South Road to
the site and that adequate screening would be in place within six (6) months.
5. The board found that the proposed modification to the existing
Special Permit (045-08) allowing the change of use from 6 potential different
commercial uses to one commercial carpentry shop and one landscaping
business which maintained 6off-street parking spaces and implemented a
previously required screening plan, is not substantially more detrimental, and is
in fact less detrimental, to the neighborhood and is in harmony with the general
purpose and intent of the zoning by-law.
6. Accordingly, by UNANIMOUS vote, the Board of Appeals grants
the requested modification of the existing Special Permit (045-08) so as to allow
applicants to operate their landscaping business on site and maintain the
commercial tenant (carpentry shop) in the front building. This grant of relief is
issued upon the following conditions:
i. There shall be no further change of use without approval of
Board;
ii. The evergreen screening plan required in previous permit will
be fully implemented within six (6) months of applicant's
purchase of the property;
iii. There shall be six (6) dedicated off-street parking spaces; and,
iv. The hours of operation shall be not earlier that 7:30 AM nor
later that 6:30 PM Monday through Saturday, with no such
operations on Sunday.
o ~
-~
SIGNATURE PAGE TO FOLLOW ~ ~ a s` . .
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2 ''
back to their property line and plant the evergreen screening
required in File No. 045-08. They will maintain the same hours of
operation as allowed by the existed special permit and they agree
to no Sunday hours of operation.
Mr. Stone, an abutter addressed the board with a number of
questions and concerns. Applicant confirmed (1) no additional
ground cover, (2) no access from Old South Road to the site and
that adequate screening would be in place within six (6) months.
5. The board found that the proposed modification to the existing
Special Permit (045-08) allowing the change of use from 6 potential
different commercial uses to one commercial carpentry shop and
one landscaping business which maintained 6off-street parking
spaces and implemented a previously required screening plan, is
not substantially more detrimental, and is in fact less detrimental, to
the neighborhood and is in harmony with the general purpose and
intent of the zoning by-law.
6. Accordingly, by unanimous vote, the Board of Appeals grants the
requested modification of the existing Special Permit (045-08) so as
to allow applicants to operate their landscaping business on site
and maintain the commercial tenant (carpentry shop) in the front
building. This grant of relief is issued upon the following conditions:
a. No further change of use without approval of Board.
b. No access to the site from Nobadeer Farm Road
over Lots 712 and 713 on Land Court Plan 16514-
58.
c. Evergreen screening plan required in previous
permit will be fully implemented within six (6) months
of applicant's purchase of the property.
d. There will be six (6) dedicated off-street parking
spaces.
e. Hours of operation shall be not earlier that 7:30 AM
nor later that 6:30 PM Monday through Saturday, with
no such operations on Sunday. ,
__ a
_ -~
SIGNTURE PAGE TO FOLLOW ~
i.,:w
a,
Dated: iyl~i~i6t 2010
e .O'Mara
Zvi ~ ~v
Lisa Botticelli
Kerim Koseatac -
~.l ~ i
Mirk Poor
Carol Cross
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss. March ~~ 2010
On this day of March 2010, befor me, the undersigned Notary
Public, personally appeared /1-!~~ !?~t:L~/ ~ %~/f L.IA ,who
is personally known to me, and who is the person whose name is signed on the
preceding or attached document, and who acknowledged to me that he/she
signed it voluntarily for its stated purpose.
Notary Public: I/lz~SS~~C . M~!~`~
My commission expires: Mau'~~ ~'~` ~~3
~.,
3