HomeMy WebLinkAbout039-11 Mayhew, Charles S. TrusteePrint Form
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
Fee: $300.00
M
~~~o~~
File No~
Owner's name(s):Charles S. Mayhew, Trustee of Six Daisy Way Nominee Tru
Mailingaddress:P•o. Box 161, Pocasset, MA 02559
Phone Number:5os .221.5789
Applicant's name(s):same
Mailing Address:
Phone Number:
Locus Address: 6 Daisy way
E-Mail: chasphyl@aol . com
E-Mail:
Assessor's Map/Parce1:68/z41
Land Court Plan/Plan Book & Page/Plan File No.:Lot 36, LC Plan 14342-M
Deed Reference/Certificate of Title:18 , 4 s 5 Zoning D1StY1CtRC- 2
Uses on Lot- Commercial: None x Yes (describe)
Residential: Number of dwellings o Duplex
Date of Structure(s): all pre-date 7/72
Building Permit Numbers:
or
Apartments
Previous Zoning Board Application Numbers:117 - s 7 , 0 2 2 -10
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:
See ~z~ac~ ~ ~G«i ~u n--~
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 Ag t ' representing the Owner or the Applicant lease 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Continued to:_/ / Withdrawn:_/ / Decision Due By:_/ /_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: / /
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
ADDENDUM
Applicant is seeking a modification of prior Special Permit dated May 11, 2010,
File No 022-10 for the relocation of the building and loading zone on the lot per
the Historic District Commission decision as shown on the plan dated June 8,
2011 attached hereto.
In all other respects the proposed use and building size are the same as
approved in the prior Application.
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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BOARD OF APPEALS '~y-
P7ANTOCI~T~ MASSACtIU5E17502554
Date: _ May 11, 2010
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To: Parties in Interest and Others concerned xith the Deciaion of
The BOARD OF APPEALS in the Application of the folloxinq:
Application No: 022-10
O++ner/Applicant: Charles ~. Mayhex, Trustee of
Six Daisy ~PaY /li~minpn ry st-
Enclaaed is the Deciaion of the BOARD OF .APPEALS xhich has thia
day been filed xith the office of the Nantucket Toxn Clerk.
An Appeal from this Decision may be taken pursuant to Section 17
of Chapter 40A, Massachusetts General Laxs.
Any actioa appealing the Decision must be brought by filing a
complaint in Land Court xithia Ti~PENTY (20) days after Chia day's
date. Notice of the action xith a copy of the complaint and
certified copy of the Deciaion moat be given to the Torre Clerk ao
as to be received within such T~PENTY (20} d(sys.
o ` ~,~~~'
O'Mara, Chairman
cc: Torn Clerk
Planning Hoard
Building Ca®missioner/Zoning Enforcement Officer
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TI~dE LIMIT
AND HILL E7i0?IRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING
BY-LAMP SECTION 139-30 (SPECIAL PERMITS); SECTION 139-32
(VARIANC88). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD
OF APPEALS OFFICE AT 508-228-7215.
130621
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, MA 02554
Assessors Map 68
Parcel 241
RC-2
fi Daisy Way
Land Court Plan 14342-M
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 ~. 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 Fite 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, Parce1241, 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 #rom 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 compon®nt 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 comer of the building) for
a structure not to exceed 25' from the ground level and requiring: "The red
aviation obstruction light should be placed a# 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.
130621
5. Therefore, based upon the foregoing, the Board finds that a grant of Special
Permit relief for the four (4} bay garage #o used for storage and warehousing or
for contractors 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 commercia!
uses in the immediate neighbofiood.
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) Ail commercial fabrication or manufacturing shalt be performed
indoors and all exterior doors and windaws 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 andlor 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
130621
Dated: , 2010
COMMONWF~LTH OF' MASSACHUSETTS
Nantucket, ss
On this ~~ day of _~ 2010, before me, the undersigned notary
public, personally appeared 7~~ ~tJCr~~( ,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 ac nowledged to me that
he/she signed it voluntarily for its stated purpose.
otary Public .CIt~~~C~ ~~'{
My Commission Expires: 3~/i3
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I CERTIFY THAT 20 DAYS HAVE i:LAPSED AFTER
THE DECI,SIQAt WASl~ILED IN Tl~ OFFiCE OF'F~
T01VN CLER$. AND THAT N4 APPEAL dERli
FILED; PURSUANT TO fiENERAL LAWS~'S~CAON II
~~'" ' 1 To1VN Q.ERK
JUN 10 201Q
130621
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43.19
TOWN OF NANTUCKET
BOARD OF AFFEA~,S
NANT'C.JCKET,. MASSACHUSETTS U2554
Date: February 1` 1988
CERTIFICATE OF' GRANTING OF (~~I~I~/~~ SPECIAL PERMIT
: (Massachusetts General Laws, Chapter 40A, Section ll)
- ~ 1
The BOARD OF APPEALS of the Town of Nantucket hereby certifies
that a Variance and/or Special Permit has been granted:
.~
To: Albert C~,, Brock end F~,izabe~h ~,haaa (717-g71 -
~Owner/Applicant)
Address: c/a Rg~~e and Alger,,,, ~{~x 26(~~, an ,~rg,pr, MA n 58,G
affecting the rights of the Owner/Applicant with respect to, land or
buildings at •• 6 Daisy Wav,, (g,}~a Ho~1m:~ F~ a1 rl Wayl ~ AGSaa~p,r ~.a Parr_ 1
68-241, Land Court PI_an 1434~M, „~,{~t 36 a erp
t- ,l
And the BOARD OP APPEALS further certifies that the attached Decision
is atrue 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 Town Clerk.
The BOARD OF APFEAI,5 calls to the attention of the Owner/Applicant
. that General Laws, Chapter 40A, Section 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 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.Q.wner`s
Certificate of Title. The fee for such recording ar registering shall
be paid by the Owner/ pplicant. ~•
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. ~ d•-.~.. mot.-~.~-~--___,r
Chairman Clerk
43.19
BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, PIASSACHUSETTS 02554
DECISION:
The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, JANUARY
29, I9$$ at 1:30 p.m. in the Town and County Building, Nantucket, made
the following Decison upon the Application of ALBERT G. BROCK AND
ELIZABETH CHASE (117-87) address c/o Reade and Alger, Box 2669, Nantucket,
MA 02584.
1. Applicants seek a SFECIAL PERMIT under Zoning By--Law Code 5EC-
TIONS139W9B(3}(b) and (c) for a I500 SF carpentry shop with storage and
warehousing and fabrication and as'semb1y 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 ~,ixCraft 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,
in the zoning district RESIDENTIAL-COMMERCIAL-2.
2. Our findings are based upon the Application papers including
ha.ghlighted site plan marked our Exhibit "A" showing respective locations
of the 1500 SF carpenter's shop and the 2400 SF hangar; also correspondence
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-$S concerning I,ot 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 Qartnership, South Road Associates, represented before us by John
D. Ptoore.
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:c~ok, in the exchange agreement, to allow
Applicants' aiacraft access framtheir lot, across Daisy Way onto the
(117-$7)
-2-
43119
Airport for general aviation use. That right of access and use iG
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 Aistrict. 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 authorization of aircraft han~~rs anywhere in a residential-commer-
cial district. More rational is a Finding that the aircraft hanger is
permitted as an accessory use under Section 13917. 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 ~angQr 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~andthe Nobadeer Farms of South Road
Associatesito the north. By Letter of 12/1/87, the Airport gives Appli-
caxtts unqualified support and confirms the access right granted. John
Moores letter of 11/9/87 was apposed, but we have since received the
"coZditz~ons fvr spEcial permit". With our imposition of these conditions,
South R~o,,c; Associates' objections to the requested relief will be with-
drawn. The planning Board's recommendaton was favorable.
i
(z~~-8~) -.3- 4~31~.~
6. 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 where the fence runs along side an "apron" linking
the han~<tr 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 specis::l permit are as follows:
(a) the proposed hangar an'? carpenter's shop shall each be
constructed in the approximate locatios:.s shown upon Exhibit "A". The
aircraft entrance to the hanger, and all entrances to the carpenter's
shop for the loading and unloading of materials, shall 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 air-
craft at any time.
(d) The use for storage of aircraft shall not extend beyond
the lifetime of the last survivor of the Applicants and of Jahn 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
carpenter..` s, shop shall be insulated .
.i .
(f) After construction is completed, the Applicants shall
(jointly, with the abutting owner, as required in the Board's Decision
X3119
cll,-87) -~-
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) AlI outdoor storage of materials and equipment shall be
done in a neat and clean manner.
•••••~- '•--~-•~--~~(i~•)-~ 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, anthe basis of the foregoing, this Board by UNANI-
h10US vote GRANTS to Applicants the SPECIAL PERMIT relief requested to
construct and use the proposed carpenter's shop along with the proposed
private aircraft hanger.
Dated: February ~+ 198$
Nantucket, MA 02554
tJilliam R. Sherman
Doroth D. Vollans
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Town of Nantucket
ZoningBoard of Appeals
RECEIVED
BOARD OF ASSESSORS
JUN 10 2011
TOWN OF
NANTUCKET. MA
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
PROPERTY OWNER.. (.,~•<c~l .P:~..S,`•'• ya~{~•'~`.J...l, w s ~`~~...
SI k L1Q(S y ~A7 / I~uM /..~~ £ ~T i
MAILING ADDRESS..T?Q./,~.C.a~C. /. la/., . ,/~G.L'.R..S.Sei~., ./~~ ..Q..42S..s .9. -0/ro /
PROPERTY LOCATION....~......~- /~.-1.~~••C.~a•~/•••••••••••••••••••
ASSESSOR MAP/PARCEL....~D. ~/. ay ~............ ......................
SUBMITTED BY...t./1.4~:P...~:~~.~~'G..~~~... C-SQ:.-.....
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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Easy Peel C.abels ~ ~ See Instruction Sheet
Use Avery®TEMPLATE 5160 ~Feesi Paper for Easy Peel Feafure~l
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
One Wells Avenue
Newton, MA 02459
Nantucket Airport Commission.
c/o 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
Vladmimir Strelnitski
15 Seikinnow Place --
Nantucket, MA 02554
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
1 f~`~~~~Y®5160 i
---ooo°°° ,~,
Nantucket Airport Commission
Town of Nantucket
16 Broad Street,
Nantucket, MA 02554
Mary E. Glowacki
P.O. Box 389
Nantucket, MA 02554
Federal Home Loan Corp
8200 Jonas Branch Dr-tns2Q2
McLean, VA 22102
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, Try.
Mayhew Family Nom.Tr.
8 Daisy Way
Nantucket, MA 02554
Town of Nantucket
Nantucket Airport
16 Broad Street
Nantucket, MA 02554
Etieluettes faciles ~ peter ~ C®nsuftex la feuille www.av~ry.c®n~
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~~ ~ ~/ ~.t~~~x~
ATTORNEY AT LAW
3 NOBSKA WAY
NANTUCKET, MASSACHUSETTS 02554
Telephone (508) 228-7525
Fax (508) 228-7526
jfitzlaw@comcast. net
IN HAND
June 13, 2011
Ms. Catherine F. Stover, Town Clerk
Town and County Building
16 Broad Street
Nantucket, MA 02554
RE: Application of Charles S. Mayhew, Trustee
Six Daisy Way Nominee Trust
Property: 6 Daisy Way, Nantucket
Map 68, Parcel 241
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 yqu for your assistance.
Very truly yours,
~~
alie A. Fitzgeral
nclosure
Rec d ntered:
i e F. Stover, Town Clerk
cc: Mr. Charles S. Mayhew w
`J
.;~
`J1
~G~ ~_ ~/e~%' jG~~~C~9~G000C~
ATTORNEY AT LAW
3 NOBSKA WAY
NANTUCKET, MASSACHUSETTS 02554
Telephone (508) 228-7525
Fax (508) 228-7526
jfitzlaw@comcast. net
IN HAND
June 13, 2011
John Brescher, Administrator
Nantucket Board of Appeals
2 Fairgrounds Road
Nantucket, MA 02554
RE: Application of Charles S. Mayhew, Trustee
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
• Proposed Site Plan dated June 8, 2011;
• Board of Appeals Decision dated February 11, 1988;
• Board of Appeals Decision dated May 11, 2011;
• Assessor's Map;
• Certified Abutters' List; and
• Copy of mailing labels
2. Certified Abutter's List;
3. Two (2) sets of mailing labels;
Mailing Address:
P.O. Box 2567
Nantucket, MA 02584
.-.A
w
,~~
John Brescher, Administrator
Nantucket Board of Appeals
June 13, 2011
Page 2
4. Check in the amount of $300.00 for the filing fee.
Please schedule this matter for hearing on July 14, 2011.
Very truly yours,
ulie A. Fitzg
~ Enclosures
cc: Catherine F. Stover, Town Clerk
Mr. Charles S. Mayhew
Al1T11E~T~9`tn
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: August 12, 2011 N
To: Parties in Interest and Others concerned with the Decis~n of
The BOARD OF APPEALS in the Application of the following:
Application No: 039-11
Owner/Applicant: CHARLES S. MAYHEW, TRUSTEE OF SIX DAISY WAY
NOMINEE TRUST
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.
~.~ s ~,.~ G~,3g)
Edward S. Toole, 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
Parce1241 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, July 14, 2011, in the Meeting Room at 4 Fairgrounds Road, Nantucket,
Massachusetts on the Application of CHARLES S. 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.
039-11, the Board made the following decision:
2. Applicant is requesting a Modification of the Special Permit in Decision No. 022-10
to allow for the relocation of the building and loading zone on the lot per a decision of the
Historic District Commission. In all other respects the proposed use and building size
shall remain the same for the previously approved use pursuant to Nantucket Zoning
Bylaw Section 139-7 (allowed uses) to construct a four (4) bay garage 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
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, and
representations and testimony received at the 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 building location as approved by
the Historic District Commission was shifted southerly towards Daisy Way which
required the relocation of the loading zone to the westerly side of the building as shown
on a plan by Site Design Engineering, LLC dated June 8, 2011 as filed with this
Application. The Applicant also submitted four (4) letters from the FAA entitled
"Determination of No Hazard to Air Navigation" dated 03/21/2011 (one for each corner
of the building) for the new location of the structure.
5. Therefore, based upon the foregoing, the Board finds that a Modification of Special
Permit No. 022-10 to allow the relocation of the building and loading zone would be in
harmony with the general purpose and intent of the Zoning Bylaw.
6. Accordingly, by UNANIMOUS vote, the Board GRANTS the requested relief for a
MODIFICATION of SPECIAL PERMIT No. 022-10 provided that the conditions (a)
through (f) in said Special Permit shall remain in effect and the structure and loading
zone shall be located substantially as shown on the Plan by Site Design Engineering,
LLC dated June 8, 2011, a copy of which is attached hereto as Exhibit A.
SIGNATURE PAGE TO FOLLOW
Dated: ,~~ ~~ , 2011
,__ Dale sine
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss
On this ~_ day of V •~ 2011, before me, the undersigned notary
public, personally appeared UW,~ ~r-+G proved to me
through satisfactory evidence __ of identification, which were
,/ o personally known to me o be the person whose name
is signed on the preceding or attac e o ,and acknowledged to me that
/she signed it voluntarily for its stated purpose.
i~ _
Notary ~Sfic 'S,1M ~. ~u~'
My Commission Expires: 1(-1~Z~ly
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