HomeMy WebLinkAbout022-10 Mayhew, Charles(Trustee Six Daisy Way)~i~~
ATTORNEY AT t.AW
3 iVOBSKA WAY
NANTUCKET, MASSACHUSETTS 02554
Telephone (508) 228-7525
Fax (508)228-7526
fitzgrld(~Dnantucket.net
IN HAND
March 15, 2010
Ms. Catherine F. Stover, Town Clerk
Town and County Building
16 Broad Street
Nantucket, MA 02554
RE: Application of Charles 8. Mayhew, Trustee
Six Daisy Way Nominee Trust
Property: 6 Daisy Way, Nantucket
Map 68, Parce1241
Dear Ms. Stover:
Mailing Address:
P.O. Box 2567
Nantucket, MA 02584
Please certify the date and time of filing of the attached Board of Appeals Application on
the enclosed copy of this letter.
Thank you for your assistance.
Very truly yours,
~ ~ ~ ".U
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z ~ ~;,
Julie A. Fitzgerald c-;~ o-
f -` {" 3
Enclosure rn =~= J'"
~~ ~
-7- __ J ..
Received and entered: ~ `Y~~
Catherine F. Stover, Town Clerk
cc: Mr. Charles S. Mayhew
~G~~~%
ATTORNEY AT LAW
3 NOBSKA WAY
NANTUCKET, MASSACHUSETTS 02554
Telephone (508) 228-7525 Mailing Address:
Fax (508) 228-7526 P.O. Box 2567
fitzgrld@nantucket.net Nantucket, MA 02584
IN HAND
March 15, 2010
John Brescher, Administrator ~
Nantucket Board of Appeals o ~ ITt
2 Fairgrounds Road ~ ~ ~ ~-~~
Nantucket, MA 02554 c~, ~ a
' ~`'
RE: Application of Charles S. Mayhew, Trustee r ~
=°
~~ _°
,.
._ , ;~-
j-~ ~
Six Daisy Way Nominee Trust ~
Property: 6 Daisy Way, Nantucket
Map 68, Parcel 241
Dear John:
Enclosed for filing, please find the following:
1. Four (4) application packets including copies of the following:
• Application with Addendum
• Plan for "Proposed Industrial Building" dated 1/25/10;
• FAA letters (4) dated 11/19/09 "Determination of No Hazard to
Navigation";
• Massachusetts Aeronautics Commission letter dated March 21, 2008;
• Letter from Wannacomet Water Company dated March 10, 2010;
• Stormwater Management System Operation & Maintenance Plan dated
1.25.10;
• Preliminary Elevation Plans dated December 8, 2008;
• Board of Appeals Decision dated February 11, 1988;
• Assessor's Map;
• Certified Abutters' List; and
• Copy of mailing labels
John Brescher, Administrator
Nantucket Board of Appeals
March 15, 2010
Page 2
2. Certified Abutter's List;
3. Two (2) sets of mailing labels;
4. Check in the amount of $300.00 for the filing fee.
Please schedule this matter for hearing on April 8, 2010.
Very truly yours,
~.~
ulie A. Fitzgera
Enclosures
cc: Catherine F. Stover, Town Clerk
Mr. Charles S. Mayhew
Printform
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
Fee: $300.00
File No.
Owner's name(s):Charles 6. Mayhew, Trustee ~~ aix Daisy Way rtomi.nee
Mailing address: P • ~. Box 161, Pcaca~ret. MA 42559
Phone Number:5fl8.221.5'789 E-Mail chasphyl~apl . com
Applicant's name(s): same
Mailing Address:
Phone Number: E-Mail:
Locus Address: ~ naisY-Way 'Assessor's Map/Parcel:6s/241
Land Court Plan/Plan Book & Page/Plan File No.: ~ ot: 36, 'LC Plan 14342-M
Deed Reference/Certificate of Title:l8.4$'S ' Zoning DistrictR~-?
Uses on Lot- Commercial: None ~ Yes (describe)
Residential: Number of dwellings- 4 Duplex . Apartments
Date of Structure(s): all pre-date 7/72 or
Building Permit Numbers:
Previous Zoning Board Application Numbers: -//~ --~
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
State below-or attach a separat~eladdendnum/'J_of specific special permits or variance relief applying for:
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: Owner*
SIGNATURE.... ~ Applicant/Attorney/Agent*
*If an Age t ' 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:J_/_ 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:/_/ llecision Due By:_/_/_
Made:__/_/ Filed w/Town Clerk:_/_/__ Mailed:_/`/_
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
I ~ to 1~
ADDENDUM
Applicant is seeking relief by Special Permit pursuant to Section 139-9B. 2(b) for
storage and warehousing, Section 139-9B. 2(a) for light manufacturing, and/or
Section 139-9B.2 (c) for fabrication and assembly of component parts for off-site
construction or use within a four (4) bay garage with approximately 3,200 square
feet (40' x 80') feet. The height will not exceed twenty-five (25') feet per the FAA
"Determination of No Hazard to Air Navigation" letters dated November 19, 2009.
PARKING DATA
Use
Spaces
Warehouses and other business (3,200 SF)1/900 4
Commercial or industrial building
Spaces(other than offices) not
Generally open to the public
Total Spaces Required:
4
Applicant will provide six (6) spaces and a loading zone per said plan attached
hereto dated 9/2/09 by Ducharme & Dillis Civil Design Group, Inc.
The Applicant proposes a buffer zone of evergreen hedge along the northerly
boundary line as shown on the sketch plan.
The property is located at 6 Daisy Way, Assessor's Map 68, Parcel 241 and is in
the Residential-Commercial - 2 zone.
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Federal Aviation Administration
Air Traffic Airspace Branch, ASW-520
2601 Meacham Blvd
Fort Worth, TX 76137-0520
Issued Date: 1 i/1912009
Charles mayhew
six daisy way nominee trust
po box 161
67 wings neck rd
pocasset, MA 02559
Aeronautical Study No.
2009 ANE-1164-OE
Prior Study No.
2008 ANE-371-0E
** DETERMIl~TATION OF NO HAZARD TO AIR NAVIGATION **
The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C.,
Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning:
Structure: Building northwest corner
Location: nantucket, MA
Latitude: 41-15-37.13NNAD 83
Longitude: 70-03-47.94W
Heights: 25 feet above ground level (AGL)
70 feet above mean sea level (AMSL)
This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a
hazard to air navigation provided the following condition(s), if any, ta(ste) met:
As a condition to this Determination, the structure is marked and/or lighted. in accordance with FAA Advisory
circular 70/7460-1 K Change 2, Obshuction Marking aad Lighting, red lights -Chapters 4,5(Red),&12.
See attachment for additional condition(s) or information.
The structure considered umler this study lies in proximity to an airport and occupants maybe subjected to
noise from aircraft operating to and from the airport.
This determination expires on 05/19/2011 unless:
(a) extended, revised or terminated by the issuing office.
(b) the construction is subject to the licensing authority of the Federal Communications Commission
(FCC) and an application for a construction permit has been filed, as required by the FCC, within
6 months of the date of this determination. In such case, the cleterlnination expires on the date
prescribed by the FCC for completion of constntction, or the date the FCC denies the application.
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMII~TATION
MUST BE POSTMARKED OR DELIVERED TO THIS OFFICE AT LEAST 15 DAYS PRIOR TO THE
EXPIRATION DATE.
Page 1 of 3
This determination is based, in part, on the foregoing description which includes specific coordinates ,heights,
frequency(ies) and power .Any changes in coordinates ,heights, and frequencies or use of greater power will
void this determination. Any future construction or alteration , including increase to heights, power, or the
addition of other transmitters, requires separate notice to the FAA.
This determination does include temporary construction equipment such as cranes, derricks, etc., which may be
used during actual construction of the structure. However, this equipment shall not exceed the overall heights as
indicated above. Equipment which has a height greater than the studied structure requires separate notice to the
FAA.
This determination concerns the effect of this structure on the safe and efficient use of navigable airspace
by aircraft and does not relieve the sponsor of compliance responsi'bilitiesrelabng to any law, ordinance, or
regulation of any Federal, State, or local government body.
If we can be of further assistance, please contact our office at (816) 329-2525.On any future correspondence
concerning this matter, please refer to Aeronautical Study Number 2009-ANE-1164-OE.
Signature Control No: 661290-120329247
Donna ONeill
Specialist
Attachments)
Additional Infonroation
(DNE)
Page 2 of 3
Additional information for ASN 2009 ANE-1164-OE
Explanatory Note: This study is one of four studies completed for each corner of a single buildmg. It is not
necessary that there be a red light at each corner of the building. The red aviation obstruction light should be
placed at the highest and closest point on this building to the nearest runway.
Page 3 of 3
Federal Aviation Administration
-Air Traffic Airspace Branch, ASW-520
°2601 Meacham Blvd.
Fort Worth, TX 76137-0520
Issued Date: 11/19/2009
Charles mayhew
six daisy way nominee trust
po box 161
67 wings neck rd
pocasset, MA 02559
Aeronautical Study No.
2009-ANE-1163-OE
Prior Study No.
2008 ANE-371-OE
** DETER1v~TATION OF NO HAZARD TO AIR NAVIGATION **
The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C.,
Section 44718 and if applicable Title I4 of the Code of Federal Regulations, part 77, concerning:
Structure: Building northeast corner
Location: Nantucket, MA
Latitude: 41-15-36.98N NAD 83
Longitude: 70-03-46.98W
Heights: 25 feet above ground level (AGL}
70 feet above mean sea level (AMSL)
This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a
hazard to air navigation provided the following condition(s), if any, is(are) met:
As a condition to this Determination, the structure is marked and/or lighted in accordance with FAA Advisory
circular 70/7460-1 K Change 2, Obstruction Marking and Lighting, red lights -Chapters 4,5(Red),&12.
See attachment for additional condition(s) or information.
The structure considered under this study lies in proximity to an airport and occupants maybe subjected to
noise from aircraft operating to and from the airport.
This determination expires on 05119/2011 unless:
(a) extended, revised or terminated by the issuing office.
(b) the construction is subject to the licensing authority of the Federal Communications Commission
(FCC) and an application for a conshuctioa permit has been filed, as required by the FCC, within
6 months of the date of this determination. In such case, the determination expires on the date
prescribed by the FCC for completion of conshvction, or the date the FCC denies the application.
NOTE: REQUEST FOR EXTEN5ION OF THE EFFECTIVE PERIOD OF THIS DETERMll~tATION
MUST BE POSTMARKED OR DELIVERED TO THIS OFFICE AT LEAST 15 DAYS PRIOR TO THE
EXPIRATION DATE.
Page 1 of 3
This determination is based, in part, on the foregoing description which includes specific coordinates ,heights,
frequency(ies) and power .Any changes in coordinates ,heights, and frequencies or use of greater power will
void this determination. Any future construction or alteration ,including increase to heights, power, or the
addition of other transmitters, requires separate notice to the FAA.
This determination does include temporary construction equipment such as cranes, derricks, etc., which may be
used during actual construction of the structure. However, this equipment shall not exceed the overall heights as
indicated above. Equipment which has a height greater than the studied structure requires separate notice to the
FAA.
This determination concerns the effect of this structure o~ the safe and efficient use of navigable airspace
by aircraft and does not relieve the sponsor of compliance respons~ilities relating to any law, ordinance, or
regulation of any Federal, State, or local government body.
If we can be of finther assistance, please contact our office at (816) 329-2525.On any future correspondence
concerning this matter, please refer to Aeronautical Study Number 2009-ANE-1163-OE.
Signature Control No: b61286-120329249
Donna ONeill
Specialist
Attachment(s)
Additional Information
(DNE)
Page 2 of 3
Additional information for ASN 20119 ANE-1163-OE
Explanatory Note: This study is one of four studies completed for each corner of a single building. It is not
necessary that there be a red light at each corner of the building. The red aviation obstruction light should be
placed at the highest and closest point on this building to the nearest runway.
Page 3 of 3
Federal Aviation Administration
Air Traffic Airspace Branch, ASW-520
2601 Meacham Blvd.
Fort Worth, TX 76137-0520
Issued Date: 11/19/2009
Charles mayhew
six daisy way nominee trust
po box 161
67 wings neck rd
pocasset, MA 02559
Aeronautical Shady No.
2009-ANE-1165-OE
Prior Study No.
2008-ANE-371-OE
** DETERIVIIl~TATION OF NO 1BIAZARD TO AIR NAVIGATION **
The Federal Aviation Administration has conducted as aeronautical study user the provisions of 49 U.S.C.,
Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning:
Structure: Building southwest corner
Location: nantucket, MA
Latitude: 41-15-36.74NNAD 83
Longitude: 70-03-48.04W
Heights: ZS feet above ground level (AGL)
70 feet above mean sea level (AMSL)
This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a
hazard to air navigation provided the following condition(s), if any, is(are) met:
As a condition to this Determination, the structure is marked and/or lighted in accordance with FAA Advisory
circular 70/7460-1 K Change 2, Obstruction Marking and Lighting, red lights -Chapters 4,5(Red),&12.
See attachment for additional condition(s) or information.
The structure considered under this study lies in proximity to an airport and occupants maybe subjected to
noise from aircraft operating to and from the airport.
This determination expires on 05/19/2011 unless:
(a) extended, revised or terminated by the issuing office.
(b) the construction is subject to the licensing authority of the Federal Communications Commission
(FCC) and as application for a construction permit has been filed, as required by the FCC, within
6 months of the date of this determination. In such case, the determination expires on the date
prescribed by the FCC for completion of construction, or the date the FCC denies the application.
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMIl~tATION
MUST BE POSTMARKED OR DELIVERED TO THIS OFFICE AT LEAST 15 DAYS PRIOR TO TIC
EXPIRATION DATE.
Page 1 of 3
This determination is based, in part, on the foregoing description which includes specific coordinates ,heights,
frequency(ies) and power .Any changes in coordinates ,heights, and frequencies or use of greater power will
void this determination. Any future construction or alteration ,including increase to heights, power, or the
addition of other transmitters, requires separate notice to the FAA.
This determination does include temporary constntction equipment such as cranes, derricks, etc., which maybe
used during actual construction of the stracture. However, this equipment shall not exceed the overall heights as
indicated above. Equipment which has a height greater than the studied struchue requires separate notice to the
FAA.
This determination concerns the effect of this structure on the safe and efficient use of navigable airspace
by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or
regulation of any Federal, State, or local government body.
If we can be of further assistance, please contact our office at (816) 329-2525.On any future correspondence
concerning this matter, please refer to Aeronautical Study Number 2009-ANE-1165-OE.
Signature Control No: 661291-120329248
Donna ONeill
Specialist
Attachment(s)
Additional Information
(DNE)
Page 2 of 3
Additional information for A5N 2009 ANE-1165-OE
Explanatory Note: This study is one of four studies completed for each corner of a single building. It is not
necessary that there be a red light at each corner of the building. The red aviation obstruction light should be
placed at the highest and closest point on this building to the nearest runway.
Page 3 of 3
Federal Aviation Administration
Air Traffic Airspace Branch, ASW-520
2601 Meacham Hlvd.
Fort Worth, TX 76137-0520
Issued Date: 11/19/2009
Charles mayhew
six daisy way nominee trust
po box 161
67 wings neck rd
pocasset, MA 02559
Aeronautical Study No.
2009 ANE-1166-OE
Prior Study No.
2008 ANE-371-0E
** DETERMIl~TATION OF NO AA7.ARD TO AIR NAVIGATION **
The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C.,
Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning:
Structure: Building southeast comer
Location: nantucket, MA
Latitude: 41-15-36.59N NAD 83
Longitude: 70-03-47.01 W
Heights: 25 feet above ground level (AGL)
70 feet above mean sea level (AMSL)
This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a
hazard to air navigation provided the following condition(s), if any, is(are) met:
As a condition to this Determination, the shvcture is marked and/or lighted in accordance with FAA Advisory
circular 70/7460-1 K Change 2, Obstruction Marking and Lighting, red lights -Chapters 4,5(Red),&12.
See attachment for additional condition(s) or information.
The structure considered under this study lies in proximity to an airport and occupants maybe subjected to
noise from aircra$ operating to and from the airport.
This determination expires on OS/ 19/2011 unless:
(a) extended, revised or terminated by the issuing office.
(b) the construction is subject to the licensing authority of the Federal Communications Commission
(FCC) and an application for a construction permit has been filed, as required by the FCC, within
6 months of the date of this determination In such case, the determination expires on the date
prescribed by the FCC for completion of construction, or the date the FCC denies the application
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMIl~TATION
MUST BE POSTMARKED OR DELIVERED TO THIS OFFICE AT LEAST 15 DAYS PRIOR TO THE
EXPIRATION DATE.
Page 1 of 3
This determination is based, in part, on the foregoing description which includes specific coordinates ,heights,
frequency(ies) and power .Any changes in coordinates ,heights, and frequencies or use of greater power will
void this determination. Any future construction or alteration ,including increase to heights, power, or the
addition of other transmitters; requires separate notice to the FAA.
This determination does include temporary const<vction equipment such as cranes, derricks, etc., which may be
used during actual construction of the structure. However, this equipment shall not exceed the overall heights as
indicated above. Equipment which has a height greater than the studied struchue requires separate notice to the
FAA.
This determination concerns the effect of this st<uchne on the safe and efficient use of navigable airspace
by aircraft and does not relieve the sponsor of compliance responsibiMies relating t'o any law, ordinance, or
regulation of any Federal, State, or local government body.
If we can be of further assistance, please contact our office at (816) 329-2525.On any future correspondence
concerning this matter, please refer to Aeronautical Study Number 2009-ANE-1166-OE.
Signature Control No: 661292--120329250
Donna ONeill
Specialist
Attachment(s)
Additional Information
(DNE)
Page 2 of 3
Additional information for ASN 2009-ANE-1166-0E
Explanatory Note: This study is one of four studies completed for each corner of a single building. It is not
necessary that there be a red light at each corner of the building. The red aviation obstruction light should be
placed at the highest and closest point on this building to the nearest runway.
Page 3 of 3
THE COMMONWEALTH OF MA3SACHU3ETT3
EXECUTIVE OFFICE OF 'TRANS.PORTATION
MASSACHUSETTS AERONAUTICS COMMISSION
COL (RET.) ROBERT E. WELCH, JR.
E%ECUTIVE DIRECTOR
TIMOTHY P. MURRAY
LIEUTENANT C3QVERNOR
BERNARD COHEN
SECRETARY AND CHAIR
Richard K. Earle
Eai1e & Sullivan, Inc.
10 SurFside Drive
Nantucket, MA 02554
March 21; 2008
RE: MAC File No 08-ACK=B0030-02, Building (Bldg.- A Daisy Way), Nantucket
MAC File No 08-ACK-80030-03, Building (Bldg. B Daisy Way), Nantucket
Dear Mr. Earle:
Enclosed are copies of the final detemmnation by the Massachusetts Aeronautics
Commission (MAG) on .your Request forAirspace Review of the:above
referenced proposals.. The MAC's assistance is .'offered pursuant to ahe avia#ior
law requirements of the Commonwealtfi.
Please note tha# although these proposals are not subje~ to further.acton
required by. MAC laws or regulations,. this office may: offer add'~ional comments
• after. considering FAA's determination of its impact to a public use airport or
NAVAID facility through the aeronautical study process.
These projects do not violate MAC laws or regulations
If you have any questions, please feel free to contact me at 617-973-8891, or
email me at ioanne.ruddvCc~macatate.ma.us
Sincerely,
`1~l - ~kT `.,` ~
Joanne M. Ruddy
Airport Engineer
Enclosed: AlrSpa~ ~~1(~,1'~oM •3190, BOSTON, MA 02116-3969
TELEPHONE: (617) 973-8881 • TELEFAX: (617) 973-8889 • WWW.MASSAERONAUTICS.ORC3
Farm 7464-T far ASPt: 20o8-~1NE-37~-QE
OvErvieW
Study (Asti): 2006-ANE-37i-OE Received Date: 03/12/2008
Prior Study: 2006-ANE-370-OE Entered Date: 03/i9/2008
5tstrrs: Determined Completion Date: 06/26/2008
Letters; _: _
Expitation Date:
Suppiemerrtai Form 7450-2: Please -._ - to add a SupplemtrKal Form 7460-Z Map' ' ' __
Sponsor InformaEFon
~ Sponsor s Representative Information
.Sponsor:
Six Daisy Way Nominee Trust aepresertativc: Earle & SuI1Wan Inc.
Attention Of. Charles 5. Mayhew, Trustee Attention OF. Rrcirard K. Eerie
Address: P.O. Box 161 Address: 10 Susstde Dive
Address2: Address2:
City; Pocasset City: Nantudce[
State: MA State: MA
Pastai Lode: 02559 ~ Postal Code 02554
Country: USA Country:
Phone: (SOSj 22i-5789 Phone: (SOB) 221-8592
:Fax: Fax; (506) 228-9699
Construction In#o
Notice Ot: Consovction
Duration: Permanent (Months: 0 Days: 0)
:Work Schedule:
:'Gate Built:
Structure Details
i.atitude (NAD 83): 41° 15' 36.59" N
LonO[tude (NAD 83): 70° 03' 47.00" W
Norizontai Datum: NAD 83
'Survey Accuracy: 4D
--. MarkFng/Ughtirtg: None
:Other Description:
Name:
City: Narriartket ..
:State: MA
Nearest Airport: ACK
Distanrx to Structure: 2710 feet
On Airpork: No
DiredFon to Structure: 343.04°
Oescriptian or Location: 6 Dais Way, Nantucket, abuts airport property -
1,000' NW of RW 15
Description of Proposal: Commeripl/IndusMal Buildings (2j this is for Bldg B
Structure Summary
Structure Type: Building
Other Description: Bldg B
NACG Number:
FCC Number.
Neight and Elevation
Site Elevation:
Structure Nsight:
Total (:eight (At381):
Frequencies
Low Freq Nigh Freq Unit
1"~
Peoposed DNE DET
45
30 25 30:
75 70 75.
ERP UniF
hxtps://Deese.faa.gov/oeaaa/elrtemalfseazchActionjsp?action-displayOECase&oeCaseID=S... 7/1/2008
Easy Peel Labels ® i ~- ~ See Instruction Sheet ~
Use Avery® TEMPLATE 5160® iFeed Paper ~~ for Easy Peel Featurei
Richard and Jeanne Diamond, Trs.
Gem Realty Trust
16 Macys Lane
Nantucket, MA 02554
Town of Nantucket
16 Broad Street
Nantucket, MA 02554
Geraldine M. Lewis
519 Main Street
Old Saybrook, CT 06475
Dean R. Bullock
c/o Barry C Meehan et al
3 Mary Paul Lane
Merrimack, NH 03054
Garry A. Caruso
PMB 381
2 Greglen Avenue
Nantucket, MA 02554
124 Old South Rd LLC
4 West Creek Road
Nantucket, MA 02554
NIR Retail LLC
New England Development
Qne Wells Avenue
Newton, MA 02459
Nantucket Memorial. Airport
Commission.
c% United State Post Office
Old South Road
Nantucket, MA 02554
Jason Tilroe
c/o FJNT LLP
380 Rector Place #21H
New York, New York 10280-1449
Walter J. Glowacki
P.O. Box 28
Nantucket, MA 02554
Angela Kay Gray
133C Old South Road
Nantucket, MA 02554
Stacy Gibbons
P.O. Box 3106
Nantucket, MA 02584
l;.
-~ ~
Matthew S.Parker
Mary S. Parker
9 Austin Farm Road
Nantucket, MA 02554
North Atlantic Development. LLC
130 Old South Road
Nantucket, MA 02554
51 Nobadeer Farm Rd. Real. Tr
Patrick J. Deseta, Trustee
105 Main Street
Nantucket, MA 02554
QAVERY®5u~ 1
Nantucket Airport Commission
Town of Nantucket
16 Broad Street,
Nantucket, MA 02554
Mary E. Glowacki
P.O. Box 389
Nantucket, MA 02554
Lisa Vonhacht
133D Old South Road
Nantucket, MA 02554
Thomas E. Walton
32 Cliff Road
Nantucket, MA 02554
Nantucket Airport
c/o Airport Gas Station Inc.
26 Macy Lane
Nantucket, MA 02554
Charles & Phyllis Mayhew, Trs.
Mayhew Family Nom.Tr.
8 Daisy Way
Nantucket, MA 02554
Town of Nantucket
Nantucket Airport
16 Broad Street
,Nantucket, MA 02554
Etlquettea fadles ~ paler ,~ CoASalbez la feuiile www.averycom
Utllisez le gabarit AVERY® 5160® Sens de chargement d'instrucdon 1-800-GO-AVERY
WANNACOMET WATER COMPANY
~.
~.
Nantucket Water Commission
Nelson K. Eldridge
Allen Reinhard
Noreen Slavitz March 10, 2010
Robert L. Gardner
General Manager
Mr:~ John Brescher .
Zoning Board of Appeals
2 Fairgrounds Road
Nantucket, MA 02554
RE: Certificate of Water Quality Compliance
Chazles S. Mayhew, Six Daisy Way Nominee Trust, Owner
Map 0068, Pazcel 241
Deaz John,
1 Milestone Road
Nantucket, MA 02554
Telephone (508) 228-0022
Facsimile (508) 325-5344
www.wannacomet.org
v,$ ~Mai1
• ; I have reviewed the site plan and the details of the stotmwater drainage, treatment and
rechazge system proposed for the above referenced property as well as the maintenance plan as
described in a document entitled~Stormwater Management System Operation and Maintenance
Plan prepazed by Duchiirme 8i Dillis, Civil Design Group, Inc. dated January 25, 2010 and offer
the following.
1. The stormwater collection, treatment and rechazge system as designed will provide
the necessazy treatment and recharge required for the proposed use of this property.
2. I proposed maintenance and inspection plan proposed for this project is reasonable
and appropriate. I am requesting that copies of any inspections and corrective actions
taken be provided to the Wannacomet Water Company.
Summazy
The Wannacomet Water Company fmds that the stormwater collection, treatment and
rechazge system designed for this project meets the requirements of X139-12 of the Town of
Nantucket Zoning By-laws. Therefore, the Wannacomet Water Company issues a Cert~cate of
Water Quality Compliance in accordance with X139-12B(3)(a) of the Town of Nantucket Zoning
By-laws.
Sincerely,
WANNACOMET WATER COMPANY ~ .
Robert I;. Gardner
General Manager
Cc: Ms. Julie A. Fitzgerald, Attorney At Law
1/2S/10
PROPOSED INDUSTRIAL BUILDING
6 DAISY WAY, NANTUCKET
CHARLES S. MAYHEW, OWNER/APPLICANT
STORMVIIATER MANAGEMENT SYSTEM
p.. OPERATION & MAINTENANCE PLAN
DESCRIPTION OF SYSTEM
The stormwater management system for the proposed industrial budding at 6 Daisy Way will
consist of an infiltration basin with an overflow infiltration trench. Except for runoff from a small
portion of the 0.46-acre site downgradient from the proposed infiltration basin, and a narrow
landscaped strip along its northern property line, all stormwater will flow overland to the basin.
Roof runoff from the proposed building will also flow overland to the proposed infiltration basin.
Because the subject site is partially within the Public Wellhead Recharge Dis#rict as defined in the
Nantucket Zoning Bylaw, and more than 15% of the area of the parcel will be rendered impervious,
a stormwater infiitration system designed to recharge at least 95% of annual precipitation is
necessary to effect compliance with Section 139-128 of the bylaw. The proposed infiltration
system will intercept and recharge a volume of runoff equivalent to at least one inch of precipitation
over the area of ail proposed impervious surfaces on the site including the gravel parking areas.
Also, because the proposed use of the property is nonresidential, the recharge system includes an
infiltration basin covered with natural vegetation as required by the bylaw.
MAlNTENANGE TASKS
The maintenance program for the new stormwater management facilities at 6 Daisy Way includes
inspection, cleaning, tes#ing and record keeping functions. The following is a description of the
maintenance tasks to be performed:
1. If roof gutters and downspouts are utilized on the proposed industrial building, they shall
be inspected at least annually to ensure that gutter-guarcls and downspout filters are in
place and functioning properly. Any accumulated debris in the gutters shall be removed
for disposal at the time of inspection.
2. The infiltration basin shall be inspected after each rainfall event ofone-inch depth or more,
and not less than once annually. Sediment deposits that have accumulated in the basin
shall be removed for disposal in a location that will not result in erosion and
resedimentation of the basin.
3. The grass of the infiitration basin shall be mowed as necessary to main the desired height
and ground coverage.
4. The deep sump hooded catch basin shall be inspected on an annual basis and shall be
pumped of liquid and solid contents as determined to be necessary to maintain its pollutant
Charles Mayhew Property
6 Daisy Way, Nantucket, MA ~ 7003
1/25/10
removal efficiency. The catch basin gra#e shall be inspected after each significant rainfall
event, and any accumulated debris shall be removed for disposal.
5. The infiltration trench shall be inspected through its inspection port at least once per year
within 24 hours of the end of a rainfall event that results in inflow fo the trench; retention of
water in the leaching chambers shall be Hated. If the trench is determined to be retaining
water for more than one day after the termination of a rainfall event, the system shall be
replaced.
6. The owner of the property shall maintain a lag all maintenance tasks performed and shall
make this tog available to the Nantucket Planning Board upon request. The log shall
include a descripfion of the tasks performed, photographs and comments with regard to
the functioning of the stormwater management system.
MAINTENANCE SCHEDULE
Task Freauency
Gutter inspection and cleaning Annually
Infiltration basin inspection Observe after rainfall events of 1"depth or greater and at
minimum frequency of once per year
Infiltration basin mowing As necessary to maintain desired grass height
Deep sump catch basin inspectian Annually
Deep sump catch basin cleaning As necessary (upon accumulation of 12" or more of
sediment in the sump}
Catch basin grate inspection After each significant rainfall (112° depth or greater}
Infiltration trench inspection Annually
Update main#enance log As necessary; minimum quarterly
Charles Mayhew Property
6 Daisy Way, Nantucket, MA JN 7003
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CATCH BASIN FRAME AND COVER
TO BE LEBARON FOUNDRY LF 246
OR EQUAL
FINISH GRADE
CONE SECnON
18"-36"
RISER
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ADJUST FRAME AND COVER 70 BE
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ADJUST TO GRADE USING
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FRAME TO BE SET IN
A FULL BED OF MORTAR
FLAT SLAB MAY BE USED IF
NECESSARY (H-20 LOADING
REQUIRED}
GRAVEL ftLL MAT. COMPACTED
TO 95% OF THE MOD. DRY
DENSITY. (SUBMIT DENSITY
REPORT TO ENGINEER FOR
APPROVAL)
MIN. 0.12 SQ. IN. STEEL PER
VERTICAL F007 PLACED
ACCORDING TO AASHTO
DESIGNATION M199 (TYP)
(ABLE TO WITHSTAND H-20
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SEAL WITH 1" BUTTL-RUBBER
GAS TIGHT SEALANT
(OR EQUAL) (TYP)
LIMIT OF
EXCAVATION
MATERIAL
DEEP SUMP CONCRETE CATCH BASIN
NOT TO SCALE
PROPOSED INDUSTRIAL BUILDING
6 DAfSY WAY
NANTUCKET, MASSACHUSETTS
JANUARY 25, 2010 SCALE: NOT TO SCALE
DUCHARME 8c DILLIS
CIVIL DESIGN GROUP, iNC.
ENGINEERS • LAND SURVEYORS • WETLAND CONSULTANTS
1092 MAIN STREET, P.O. BOX 428 PHONE: (978) 779-6091 FAX: (978} 779-0260
BOLTON, MASSACHUSETTS 01740 www.ddcdg.com
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~ FAR1[ dt COIOIERCIAL BUQDDiG3 PpCASSET, MA 02559 <508) 221-3092
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43.19
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET,. MASSACHUSETTS X2554
Date: February ~` + 19 88
• CERTIFICATE OF GRANTING OF,~ SPECIAL PERHIT
• (Massachusetts General Laws, Chapter 40A, Section ll)
The BOARD OF APPEALS of the Town of Nantucket herebp certifies
that a Variance and/or Special Permit has been granted:
•.
To: -
Owner A licant
' Address: c/o Reads and ~,~,LQ~„$,q~2C~6q. Nant,+rkpt Me n Sst4
• affecting the rights of the Ownec/Ap,plicant with respect to. land or
buildings at •• 6 D ~
68-241_,Land Court Plan 14342--,M,~Ler 36 _ Dz`~`~~~~r~~.-
1+ r w
And the BOARD OF APPEALS further certifies that the attached Decision
is a true and correct copy of its Decisioa granting the Variance and/or ..
Special 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 $OARD OF APPEALS calls to the attention of the Owner/Applicant
that General Lawa, Chapter 40A, Sectioa 11 (last paragraph) provides
that no Variance and/or 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 days have elapsed after the
Decision has been filed in the office of the Town Clerk and no appeal has -
••• been filed (or, if such appeal has been filed, that it has been disaissed
• or denied) and (b) the certified copy is recorded in the Regisxry 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,Qwner's
Certificate of Title. The fee for such recording or registering shall ..
be paid by the Owner/ pplicant.
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Chairman lark
5
43119
BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, TiASSACHUSETTS 02554
DECISION:
The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, JANUARY
29, 19$$ at 1:30 p.m. in the Town and County Building, Nantucket, made
the following Decisan upon the Application of ALBERT G. BROCI~ AND
ELIZABETH CHASE (117-87) address c/o Reade and Alger. Box 2b69, Nantucket,
MA 02584.
1. Applicants seek a SPECIAL PERMIT under, Zoning By--Law Code SEC-
TION+139-98(3)(b) and (c) for a 1500 SF carpentry shop with storage and
warehousing and fabrication and ad;embly of component parts for off-site
construction and use; also under SECTION 139-9B(3)(g) or (h), if required
for a 2400 SF private aircraft hangar to be located on the lot with the
carpenter's shop. The premises are located at 6 DAISY WAY (aka Holmes
Field Way), Assessor's Parcel 68-241, Land Courr Plan 14342-M, lvt 36.
is the zoning district RESIDENTIAL-COMMERCIAL-2.
2. Our findings are based upon the Application papers including
highlighted site plan marked our Exhibit "A" showing respective locations
of the 1500 SF carpenter's shop and the 2400 SF hangar; also correspondeh~e
and viewing; and testimony, representations and, "conditions for special
permit" received at our hearings of 11/13 and. 12/11/87 and 1/29/88. Refer-
ence is made to our file 109-85 concerning Lot 43 on Land Court Plan
14342-N, and particularly our grant of a Special Permit by a Decision
filed 12/9/85. We are told that an apartment-type building "Nobadeer Farms"
was renovated and is now operated, as an abutter, under that Special Permit
by a Qnrtnership, South Road Associates, represented before us by John
D. Pioore.
3. Applicants' lot, of some 0.46 acres, was transferred to them
by the Nantucket Airport Commission in an exchange of land. We are told
that the Commission unde:t~~ok, fn the exchange agreement, to allow
Applicants' aircraft access frcmttheir lot, across Daisy Way onto the
(117-87)
-2-
43119
Airport for general aviation use. That right of access and use iR
restricted, we are told, to the Brock family and specifically for the
lifetime of the last survivor of either of Applicants or John D. Brock,
son and nephew.
4. The hanger use of the lot is not clearly identifiable as a
principal use allowed in this Residential-Commercial nistrict. Argument
could be made that such use is permitted by Section 139-9A(5) "Parking ...
in structures designed for such purposes . At least one dictionary
defines "parking„ as the act of one who or that which parks, esp. a
vehicle", "vehicle" being a term perhaps broad enough inthis context
to include aircraft. However, the intent of the text, was not likely
the authorisation of aircraft hangars anywhere in a residential-commer-
cial district. More rational is a finding that the aircraft hangar is
permitted as an accessory use under Section 139-17. Especially is this
a fair reading where the lot was accorded access to the Airport (to which
it is contiguous) from a time when it was Airport Commission•.. land.
While aircraft hangars are not normally accessory to a carpenter's shop
use, under the present circumstances we find that the proposed aircraft
hangar is a permitted use on the lot so long as the right of aircraft
access to the Airport continues. Special Permit relief under Section
139-9B(3)(g) or (b) is not necessary. Nevertheless, we make the finding
required for such relief that the proposed banger use, qualified by the
conditions noted below, should not be in violation of Section 139-20A
(which bars noxious incidents detrimental to the community), likewise
for the carpenter's shop.
5. Abutters pricipally affected by the proposed uses are the
Airport Commission,to the south~anptthe Nobadeer Farms of South Road
Assotiatesito the north. By Letter of 12/1/87, the Airport gives Appli-
caxits unqualified support and confirms the access right granted. John
Moores letter of 11/9/87 was opposed, but we have since received the
"coadit~~ons for special permit". With our imposition of these conditions.
South R~o~;'; Associates' ob3ections to the requested relief will be with-
drawn. The Planning Board's recommendaton was favorable.
1
43119
(117-87) "3'
b. Applicants have accepted these and one further condition set
forth below in Paragraph 7, and have further undertaken to provide an
extension of the Airport's security fence as marked in blue highlighting
on Exhibit "A". Except There the fence runs along aide an "apron" linking
the han£<~r aircraft doorway for access to the Airport, the fence will
enclose the lot near its perimeter. Vegetative screening required by con-
dition 7(f) will be outside the fence where it runs along interior lot
lines. Airport security fencing will thus effectively be continued across
the lot.. with a security gate controlling access to the airport via
Daisy Way (for pilot's access as well as Applicants').
7. The conditions for the speci~-sl permit are as follows:
(a) the proposed hangar and Carpenter's shop shall each be
Constructed in the approximate lotatio~~s shown upon Exhibit "A". The
aircraft entrance to the hangbr, and all entrances to the carpenter's
shop for the loading and unloading of materials, shal] be located on the
north side of either building. Each building shall be set back at least
15 feet from the northerly boundary of the premises.
(b) A11 parking shall be located southerly of the southerly
line of the proposed carpenter's shop, as extended.
(c) The premises shall not be occupied by more than one sir-
craft at any time.
(d) The use for storage of aircraft shall not extend begond
the lifetime of the last survivor of the Applicants and of John D. Brock
without further relief being granted by the Board of_ Appeals.
(e) The carpenter's shop shall be limited to use between the
hours of 8:00 a.m. to 6:00 p.m. daily, and no fabrication shall take place
on 5unday% In order to reduce noise, the north, east and west walls of the
carpentei•,~s;3hop shall be insulated.
~•;'.
! (f) After construction is completed, the Applicants shall
(jointly, with the abutting owner, as required in the Board's Decision
43119
(117-87) -4-
in South Road Associates, 109-85) provide the vegetative screening along
the boundary between the premises and Lot 43 on Land Court Plan 14342-N.
The Applicants shall also provide such screening along the boundary
between the premises and Lots 32 and 33 on Land Court Plan 14342-L, at
such time as Lots 32 and 33 have been built upon.
(g) All outdoor storage of materials and equipment shall be
done in a neat and clean manner.
«••~-------•--••--•~--{}~•}~ No additional structure shall be constructed on the lot
except the two single-story buildings per Exhibit "A".
8. We find, with the foregoing undertaking and conditions, that the
relief sought is in harmony with the general purposes and intent of the
zoning chapter.
9. Accordingly, onxhe basis of the foregoing. this Board by UNANI-
MOUS vote GRANTS to Applicants the SPECI4L PERMIT relief requested tv
construct and use the proposed carpenter's shop along with the proposed
private aircraft hsngor.
Dated: February If 198$
Nantucket, MA 02554
C ~~~ ~ '
William R. Sherman
Dorvth D. Vollans
{, _
Dale W. Waive
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~ WAS (ILcO B$1'~ w i!; F;C-r-. OP 7tiE TO'tR1N CI.Er~t, A:tii11T1AT", i ~ ?
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43119
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET,. MASSACHUSETTS 02554
Date: February t` ~ 19 88
• CERTIFICATE OF GRANTING OF ~h~ SPECIAL PERHIT
~~
(Massachusetts General Laws, Chapter 40A, Section 11)
The BOARD OF APPEALS of the Town of Nantucket hereby certifies
that a Variance and/or Special Permit has been granted:
To: ,.., ''* ~_,Br~c$.RTL~~:i2ab4~.~85= (? ~.7-,E3~71
tOwner/Applicant)
Address: c/Q,)t~ad~cl Atger_ $nz 36~5~ NAnr„~kpr~ Ma n~Sg4 _
affecting the rights of the Owner/Appplicant with respect to. land or
buildings at •• 6 Dai$v Wav,. („gj~a~H,o~~mes F~,P1~d, W~y,l„ AAAPRA~IY ~ A Parrol
68-241..Lan~ court Pl~.a_l~~rL• ,?4* ~6 - ~f~~
~- ,! ~
And the BOARD OF APPEALS further certifies that the attached Decision
is a true and correct copy of its Decision granting the Variance and/or ..
'~ Special 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 Toan Clerk.
~~ The $OARD OF APPEALS ca11s to the attention of the Owner/Applicant
that General Lawa, Chapter 40A, Section 11 (last paragraph) provides
that no Variance sad/or 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 days have elapsed after the
Decision has been filed in the office of the Town Clerk and no appeal has
~~ been filed (or, if such appeal has been filed, that it has been dismissed
or denied) and (b) the certified copy is recorded in the Registry of Deeds
for the County of Nantucket and indexed in the grantor index under the
name of the Owner of Record or is recorded and noted. on the,Qwner's
Certificate of Title. The fee for such recording or registering shall
be paid by the Owner/ pplicant. '•
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~23 ~ '~HE IN-:w81TANTS Of THE TOWN OF ~ ~_
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. _ ! NA•p(7UCKET MEMORIAL AIRPORT ..:-
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SHEET INDEX ~ ~~ -~~f "
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Town of Nantucket
Zoning, Board of Apyeals
RECEIVVFD
BOARD OF AS38SSORS
JAN - 4 2010 .
TOWN OF
NAPiI'UCi(E'f, MA
LIST OF PARTIES IN INTEREST IN THE MAT'T'ER OF: THE PETITION OF:
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PROPERTY OWNER~/1~~~...:S ..... ~/~~.. .. ~ .....
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SEE ATTACHED PAGES
I certify that the foregoing is a list of 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, all as they appear on the most recent applicable
tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 40A, Section 139-29B
(2).
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A SESSOR'S OFFICE
TOWN OF NANTUCKET
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
Print Form
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APPLICATION
Fee: $300.00
File No. ~~i~`~,
Owner's name(s):rles S. Mayhew, -Trustee o~ six Daisy Way Nominee Try
Mailingaddress:~.O, ..Box 15 Pocas~et:, MA 02559
Phone Number:508.22!1.5?89 E-Mail cha~sphyl~7ao1. com
Applicant's name(s): same
Mailing Address:
Phone Number: E-Mail:
Locus Address: 6 naisy Way Assessor's Map/Parcelae/2¢~.
Land Court Plan/Plan Book & Page/Plan File No.::ot 36, ~~ Plan.. 14342_
Deed Reference/Certificate of Title: ~ 8 . ~ 8 5 Zoning District~~-z
Uses on Lot- Commercial: None ~ 'Yes (describe)
Residential: Number of dwellings o Duplex Apartments
Date of Structure(s): all pre-date 7/72 or
Building Permit Numbers:
Previous Zoning Board Application Numbers: /!~ -,~}y~
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
State below or attach a separate addendum of specific special permits or variance relief applying for:
,S,e Q /( C~( ~l1Gt~'eerr C.~ ~'~itc 6..~ ~L) ~E'~-e ~~ ..
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:... Owner*
SIGNATURE. - Applicant/Attorney/Agent*
*If an Agerit ' 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:J~/_ Mailed: /i; /_
I&M_ /_ /_ &_ /_.' /_ Hearing(s) held on:_ /_ /_ Opened on : /_ /_
Continued to / `/ `Withdrawn:.-/_/_ Decision Due By:_/ /`
- - -
Made: / / Filed w/Town Clerk:-/~/_ Mailed:-/_/_
2 Faitgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
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TOWN OF NANTUCKET "-~~ _,"_' ~ .~
BOARD OF APPEALS ~ ~ ~~
NANTUCKET, MASSACHUSETTS 02554 W
Date: May 11, 2010
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 022-10
Owner/Applicant: Charles W. Mayhew, Trustee of
Six Daisy Way
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) days.
Mi
O'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 EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING
BY-LAW SECTION 139-30 (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, MA 02554
Assessors Map 68 6 Daisy Way
Parcel 241 Land Court Plan 14342-M
RC-2 Certificate of Title No. 18,485
1. At a Public Hearing of the Zoning Board of Appeals held at 1:00 P.M. on
Thursday, April 8, 2010, in the garage area at 2 Fairground Road, Nantucket,
Massachusetts on the Application of Charles W. Mayhew, Trustee of Six Daisy
Way Nominee Trust as owner and applicant, c/o Julie A. Fitzgerald, Esq., P.O.
2567, Nantucket, MA 02584, Board of Appeals File No. 022-10, the Board made
the following decision:
2. Applicant is requesting Special Permit relief pursuant to Nantucket Zoning
Bylaw Section 139-7 (allowed uses) to construct a four (4) bay garage to used for
storage and warehousing or for contractor's shops for the purpose of light
manufacturing and/or fabrication and assembly of component parts for off-
construction or use. The Applicant is proposing to provide adequate parking and
a loading zone on site. The property is located at 6 Daisy Way, is shown on
Nantucket Tax Assessor's Map 68, Parcel 241, and is shown as Lot 36 on Land
Court Plan 14342-M. The property is zoned Residential-Commercial - 2.
3. Our decision is based upon the Application and accompanying materials,
representations and testimony received at out public hearing. The Planning
Board made no recommendation finding that the Application did not present any
issues of planning concern. There were no letters from abutters or abutters
present at the hearing in favor of or against the Application.
4. The Applicant, through counsel, explained that the Applicant proposes to
construct a four (4) bay garage with approximately 3200 square feet (40' x 80') to
be used for storage and warehousing or for contractor's shops for the purpose of
light manufacturing and/or fabrication and assembly of component parts for off-
construction or use. The Applicant has provided adequate parking and a loading
is shown on the site plan presented to the Board of Appeals. The Applicant also
submitted four (4) letters from the FAA entitled "Determination of No Hazard to
Air Navigation" dated November 19, 2009 (one for each corner of the building) for
a structure not to exceed 25' from the ground level and requiring: "The red
aviation obstruction light should be placed at the highest and closest point of the
building to the nearest runway." The Applicant also submitted a Certificate of
Water Quality Compliance from the Wannacomet Water Company dated March
10, 2010, the property being located within the Public Wellhead Recharge
District.
5. Therefore, based upon the foregoing, the Board finds that a grant of Special
Permit relief for the four (4) bay garage to used for storage and warehousing or
for contractor's shops for the purpose of light manufacturing and/or fabrication
and assembly of component parts for off-construction or use as allowed under
Nantucket Zoning Bylaw Section 139-7, would be in harmony with the general
purpose and intent of the Zoning Bylaw and consistent with similar commercial
uses in the immediate neighborhood.
6. Accordingly, by UNANIMOUS vote, the Board GRANTS the requested relief
by SPECIAL PERMIT pursuant to Nantucket Zoning Bylaw Section 139-7 with
the following conditions:
(a) The hours of operation for commercial fabrication or manufacturing
shall be not earlier than 7:30 A.M. or later than 5:00 P.M., Monday through
Saturday, with no such operation on Sundays;
(b) All commercial fabrication or manufacturing shall be performed
indoors and all exterior doors and windows in the shop area shall be closed
during such work. Any garage bay used for this purpose shall be equipped with
air conditioning to help facilitate this requirement;
(c) There shall be no outside storage of goods and materials;
(d) There shall be screening along the northerly lot line of the property
commencing at the beginning of the parking area in an easterly direction, then
along the easterly lot line, then along the southerly lot line abutting Daisy Way to
the western most edge of the parking area. Said screening shall consist of
fencing and/or densely planted compact hedge not less than five (5') feet in
height.
(e) The parking and loading layout shall be in substantial compliance
with the attached plan entitled "Proposed Industrial Building" prepared by Civil
Design Group, Inc., dated January 25, 2010, attached as Exhibit A.
(f) The building height shall not exceed twenty-five (25') feet per the
FAA approval.
SIGNATURE PAGE TO FOLLOW
Dated: / , 20
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss
On this ~~ day of ,~~~ 2010, before me, the undersigned notary
public, personally appeared •~a.Lt ~Q,e//t.f ,proved to me
through satisfactory evidence of identification, which were
,/ or personally known to me to be the person whose name
is signed on the preceding or attached document, and acknowledged to me that
he/she signed it voluntarily for its stated purpose.
otary Public •Chz's~. X• fir{
My Commission Expires: 3~t~//3
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