HomeMy WebLinkAbout048-10, RPJ Realty, Incs,~l~
TOWN OF NANTUCKET
BOARD OF APPEALS
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NANTUCKET, MASSACHUSETTS 02554 __~
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Date: Julv 15, 2011
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No:
048-10
Owner/Applicant: RPJ REALTY, INC.
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.
,,~~ ~` ~Ccs~~
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, Massachusetts 02554
Assessor's Map 69, Parcel 24.2 Lot 758, Land Court Plan 16514-
70
93 Hinsdale Road
Residential Commercial - 2 Certificate of Title No. 22998
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Thursday, September 9, 2010 and October 14, 2010, at
1:00 P.M., at 2 Fairgrounds Road, Nantucket, Massachusetts, the
Board made the following decision on the application of RPJ
REALTY, INC., of PO Box 5, South Orleans, MA 02662, File No. 048-
10:
2. Applicant is seeking a Modification to the Special
Permits that have been granted in Zoning Board of Appeals
Decision Nos. 036-06 and 070-07 that modified the original
Decision in Board of Appeals File No. 061-98. In Decision No.
070-07, the required loading zone was allowed to be relocated
from the Locus to a site that was to be shared between the Locus
and the immediately abutting lot to the east equally, to meet the
requirement for the commercial uses on the Locus and proposed for
the abuting lot, both owned by a predecessor in title at the
time. Applicant now proposes to eliminate the loading zone
requirement or relocate the loading zone entirely onto the Locus
in substantially the same location as approved in BOA Decision
036-06, which allowed the space to be sited within the easterly
required five-foot side yard setback area; or, to the extent
necessary, should the Board find that the loading zone should
remain, further modification of the Special Permits are necessary
to reduce the dimensional requirements of the loading zone as the
width reduces to just under the required 14 feet towards the rear
of the space; and/or allow the space to be used as a parking
space when not in use by a delivery/service vehicle pursuant to
Nantucket Zoning Bylaw Section 139-20. There is no need for a
1
loading zone on abutting 95 Hinsdale Road as commercial use was
eliminated in favor of construction of a duplex. However, so long
as there is a commercial enterprise that requires a loading zone
on the Locus, the abutting lot is encumbered by the Decision in
File No. 070-07. Applicant is also seeking Modification of
Zoning Board of Appeals Decision 036-06. Applicant is now seeking
to convert a large "den" into a second bedroom in the apartment,
which then requires an additional parking space for a total of
four. The existing uses require three spaces. In addition,
Applicant is seeking relief by Special Permit under Nantucket
Zoning Bylaw Section 139-18 in order to be allowed to provide the
required dimensionally conforming fourth space within the loading
zone. A fifth conforming space, accessed through the loading
zone, is also provided in the garage on the east side of the
building. Applicants are also seeking to modify the Decision in
BOA File Nos. 070-07 and 036-06, by substituting a new Exhibit A
indicating the new parking/loading area and expanded building
footprint. In all other respects, the lot is dimensionally
conforming. The Locus is situated at 93 Hinsdale Road, is shown
on Nantucket Tax Assessor's Map 69 as Parcel 24.2, is shown as
Lot 758 on Land Court Plan 16514-70, and is registered as
Certificate of Title No. 22998 in the Nantucket County Registry
District of the Land Court. The property is zoned Residential-
Commercial-2.
3. Our decision is based upon the application and
accompanying materials, and representations and testimony
received at our public hearing. There was no Planning Board
recommendation, on the basis that no matters of planning concern
were presented. No abutter comment was received either in favor
or in opposition to the application.
4. Attorney Michael Wilson represented the Applicant.
Attorney Wilson explained to the Board that The Applicant is
requesting a Modification to the existing special permits in
Decision Nos. 036-06 and 070-07 (which modified the original
Decision in File No. 061-98).
Attorney Wilson stated that in Decision No. 070-07, the Applicant
was allowed to relocate the required loading zone from the Locus
to a site that was to be shared between the Locus and the
immediate abutting lot to the east.
Now, the Applicant is proposing to eliminate the loading zone
requirement or, in the alternative, relocate the loading zone
entirely onto the Locus in substantially the same location as was
approved in Board of Appeals Decision No. 036-06. In this
decision, the Board of Appeals allowed the space to be sited
within the easterly five-foot side yard setback. Should the
Board find that the loading zone should remain, the Special
2
Permit should be further modified so to reduce the dimensional
requirements of the loading zone as the width reduces to just
under the required fourteen (14) feet. Or, should the Board deem
it necessary, allow the space to be used as a parking space when
not in use by a delivery/service vehicle pursuant to Nantucket
Zoning Bylaw Section 139-20.
There is no longer a need for a shared loading zone between the
two lots as the commercial uses on the abutting lot at 95
Hinsdale Road has been eliminated in favor of construction of a
duplex, thus eliminating the need for the space. However, so
long as there is a commercial enterprise that requires a loading
zone on the Locus, the abutting lot is encumbered by Decision No.
070-07. Accordingly, the neighbors are asking that the loading
zone be removed from their property and relocated or eliminated.
Additionally, the Applicant is requesting a Modification to the
Special Permit in 036-06 in order to convert a large "den" into a
second bedroom for the family. The property owner uses the
apartment and maintains one of the garage bays for his own
business.
The addition of the second bedroom requires an additional parking
space. This results in a total of four (4) required parking
spaces on the Locus. The Applicant is requesting Special Permit
relief pursuant to Nantucket Zoning Bylaw Section 139-18 in order
to be allowed to provide the required dimensionally conforming
fourth space within the loading zone. There is a fifth
conforming space, accessed through the loading zone, provided in
the garage on the east side of the building. Finally, the
Applicants are requesting a new "Exhibit A" be attached to the
existing decisions. This "Exhibit A" was subsequently approved
and is attached to this decision.
5. Therefore, after a discussion with the Applicant's
representative, the Board finds that such a Modification and
Special Permit may be granted as the requests are in harmony with
the general purpose and intent of the Zoning Bylaw.
6. Accordingly, by a unanimous vote of the sitting Board,
the Board of Appeals made the finding that the proposed
Modification and Special Permit are in harmony with the general
purpose and intent of the Zoning Bylaw with the condition that
all relief shall be done in compliance with the plan entitled
"Plot Plan to Accompany Board of Appeals Application in
Nantucket, Mass", prepared by Blackwell and Associates, Inc.,
dated July 12, 2010 and revised October 4, 2010 attached hereto
as "Exhibit A."
SIGNATURE PAGE TO FOLLOW
3
Dated: ~~ ~ ~ 2011
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss. ~~ ~ ' , 2011
On this ~~ dayr of~, 2011, before me, the undersigned Notary Public, personally appeared
~MU ,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/she signed it voluntarily
for its stated purpose.
~>
ry Public: ~ pd
M~ommission expires: 7«~/~'y
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File No.'•DO48 ! 7 !
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
:�4ap;6:�!l�i!�i Parce152'�2'`i;!
This agreement to extend the time limit for the Board of Appeals to make a decision, hold a Public heariiWor
to take other action concerning the application of: —+
Al1;er,ft; E1�Lis!; and <.IEY;7:,e:,A;:�;,!it@a�'Z;,• �;;Trzsi':eS.S:;o iiFnb: a: c; ]G�` <Homeosazier�':!A's.�;:Tr';
Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the State Zoning Act, Chapter 40 .I)f
the Massachusetts General Laws, Applicants) /Petitione-r(s) and the Zoning Board of Appeals hereby agre@to
extend the time limit
For a public hearing on the application
For a written decision
O For other actioni::; ^.:.,i: a;�;r.:;'r !I: "� ::: ,I :u:r,:�:;1:7!�I '�4r:':'!;',;r.�ri: •:::ail;! ai:iS::::; ; ,'I1:. �;i:;:; >' ili: ?': '•'I!�� �i'il,
,a:�:.l: t.. •i:} !'!.. 11•,yl n;l: ::1. lu, „ • :•, il.l;, ,:u�: I ;. i,.,.,i,I:,: I:!.., .. :'ii> .;�: I;
i: ::cl';:1i�s•L, 11! .I'i:i !�:. ;iii -;::.:�:;.,.I .: I• r.�lu:i':i.�.. , i.ii,rrl;�iti!! i:;!;! i` =';,,, ; ,.:,:i`i ::�1::,,•L.I
Such application'is:
An appeal from the decision of any administrative official
O A petition for a special permit
O A petition for a variance
O An extension
O A modification
The new time limit shall be midnight on A r-$i]_Y' 'i!i'2'0 i;i;. il'` ' ';,; which is not earlier than
P ri �;';:: I! ��;'ja.i '�'.r.i:,.:.; ' is 'I: �' >! :i!i�
a time limit set by statute or bylaw.
The Applicant (s), attorney, or agent for the Applicant represented to be duly authorized to act in this matter
for the applicant, in executing this agreement waives any rights under the Nantucket Zoning Bylaw and the
State coning Act, as amegded, to the extent, but gnly to the extent, inconsistent with tihis agreement.
For Applicant (s)
For Zoning Board of Appeals
Town Clerk Stamp.
Effective Date of Agreement
2 Fairgrounds Road Nantucket Massachusetts 02554
508 - 228 -7215 telephone 508 -228 -7298 facsimile