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HomeMy WebLinkAbout056-11 Kenneth RiseboroughFee: $300.00 Owner's name(s): Mailing address:_ Phone Number: TOWN OF NANTUCKET - BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION File No. L4 Vt OL- `kc f_tt 60% 0 J 440 E- Applicant's name(s) v4Atl Mailing Address: V-zAV 644 , C t,s6Do co u�Lca o i� Se-b© f- ot_� t Phone Number: j� E -Mail: Locus Address: l t/Z Stit� Assessor's Map /Parcel: Land Court Plan /Plan Book & Page /Plan File No.: _ Deed Reference /Certificate of Tide: Dt, �' Zoning District Uses on Lot- Commercial: None Yes (describe) co posc- Residential: Number of dwellings Duplex �y ((�,, Apartments 3 mvF C Date of Structure(s): all pre -date 7/72 or -`_45, Building Permit Numbers: 14 ��I Lt,� Cla ✓� �U ��- U��, t �j Vt {' Previous Zoning Board Application Numbers: �ii3.Yd� q D ?d •��f 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: I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penal ies of perjury. 4 SIGNATU SIGNA *If an Attorney or other Agent is proof of agency. Owner* ' Applic t /Attorney /Agent* the Owner or the Ap ant, please provide a signed 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Clerk:_ /_ /— Mailed:—/—/ - I&M—//— & — / —/— Hearing(s) held on: — / —/— Opened on : — / —/- Continued to: — / —/— Withdrawn: — / —/— Decision Due B Made:—/—/— Filed w /Town Clerk: — / —/ Mailed: — / —/— 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile Kenneth and Denise Riseborough 64 Milk Street Nantucket, MA 02554 August 8, 2011 Town of Nantucket Zoning Board of Appeals Nantucket, MA 02554 Dear ZBA Board, We are proposing a new business on our property located at 17 1/2 Old South Road, Map 67 and Parcel number 41.3. The proposed opening is May 2012. The existing 3 unit apartment building which is located in the Multi- Family Overlay District will be demolished and, in its place, we plan to build a new single story 34' x 52' (1768 square feet) commercial building with a total of 10 parking spaces. An additional 11th parking space is also available and is designated in a Cross Easement for Parking and Access recorded in the Nantucket Registry of Deeds, Book 734, page 242. This parking space is technically deeded as a visitor's parking space but, in practice over the past 9 years, it has been used exclusively and without issue, by the tenants in our existing 3 unit apartment building. We are applying for a special permit for the following uses in the RC -2 district pursuant to Zoning Bylaw section 139 -7A: Laundromat with drop -off dry cleaning service and bakery. The first floor of the structure will contain a coin- operated Laundromat with 24 washers and 28 dryers. A drop -off dry cleaning service will also be available on the first floor. Dry cleaning service will be contracted with an off island wholesale dry cleaning business, therefore, no on -site dry cleaning operation will take place. The proposed bakery in the basement of the structure will support an ancillary retail business on the first floor to offer pre - packaged baked goods (i.e. cookies and cinnamon rolls) to laundry customers. The pre - packaged baked goods will be displayed in a shelving unit that will not exceed 48 square feet of floor space. Public access to the bakery will be prohibited. Storage for the Laundromat, drop -off dry cleaning service and bakery will be located in the basement. The public hours of operation for the Laundromat and drop -off dry cleaning service will be from 6 a.m.until 10 p.m., 7 days a week and closed for holidays. The building will be open to employees from 4 a.m. until 11 p.m. for setup and cleanup. The number of peak shift employees will not exceed 4 during any given time. We, as owners, will comprise 2 of these 4 employees. No more than 2 bakers will work from 4 a.m. until noon daily. There will be 2 laundry/dry cleaning shifts with one employee working each shift. During the months of May through September, we will likely add an additional laundry/dry cleaning employee to each shift. The proposed commercial building will be air conditioned, contain 2 exterior entrances — each with wheelchair access, a handicapped accessible bathroom, and one handicapped parking space. Our proposal meets all intensity regulations for the RC -2 district. In addition to the special permits requested for uses, we are seeking special permits for waivers from the following sections of the Zoning Bylaw: section 139 -18 for one parking space and section 139 -20 for a loading zone. We look forward to your counsel and approval of our proposed plan. Sincerely, 9*seborough Kenneth and Denise Town of Nantucket Web GIS - Printable Map Town of Nantucket Web GIS 87 751 Lft Page 1 of 1 5446 67 65G7 � �� 87 888 r 87 889 674 87 438 Prop ID 6741.3 Address 17- OLD SOUTH RD Owner RISEBOROUGH KENNETH 5 NOT A LEGAL DOCUMENT 64 MILK ST NANTUCKET, MA 2554 For general reference only: Important ,� Sale Date 05/06/2004 caveats which must be considered when ,> Sale Price $0 using this data are available from the Nantucket GIS Coordinator. Book /Page 00887/0034 Disclaimer The information displayed on this or Lot Size 0.17 acres any other map produced by The Town of Nantucket is for reference purposes only. The Town of Nantucket does not guarantee the accuracy of the data. Users are responsible for Town of Nantucket, Massachusetts determining the suitability for individual needs. All information is from the Town of Nantucket Map Composed Geographic Information System (GIS) database. 8/8/2011 Copyright 2005 Town of Nantucket, MA. All rights reserved. Developed by AppGeo http: / /ho st. appgeo. c ominantucketmafPrintableMap. aspx ?Preserve= Width &Map Wi dth =43 2... 8/8/2011 RECEIVED BOARD OF ASSESSORS AUG 0 4 Z011 TOWN OF NANTUCKET, MA Town of Nantucket Zoning Board of Appeals LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER. :. `, �J`: �d� . ........... ............................... MAILING ADDRESS ... ...... ...... ......................... ........ ..... ...1..x,.......1.. PROPERTY LOCATION..!. .... 0141�:... �'` +�"-.. �'� . ................ ASSESSOR MAP/PARCEL.... U . .A.. ........�.�. !. ................................ SUBMITTED BY................... ........ .. u�-- ........ I ............................. 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) DA A SESSOR'S OFFICE TOWN OF NANTUCKET 54 NANTUCKET TOWN OF WATER COMMISSION 16 BROAD ST NANTUCKET, MA 02554 67 NANTUCKET TOWN OF 16 BROAD ST NANTUCKET, MA 02554 67 NINETEEN B OLD SOUTH RD LLC C/O SHAPIRO ROBERT 218A E EAU GALLIE BLVD # 107 INDIAN HARBOUR, FL 32937 -4875 67 ISLANDER LLC 15 OLD SOUTH RD NANTUCKET, MA 02554 67 LEMBERG DAVID A & ERIN M 53 POCHICK AV NANTUCKET, MA 02554 67 VAN DE WATER VIVIAN D 17B OLD SOUTH RD UNIT 1 NANTUCKET, MA 02554 67 ORELLANA -EGAN IRENE 17B OLD SOUTH RD # 2 NANTUCKET, MA 02554 67 WASIERSKI HENRY JR 8 LUFF ROAD NANTUCKET, MA 02554 67 GLIDDEN & GLIDDEN PC 37 CENTRE ST NANTUCKET, MA 02554 67 PBE COMPANIES LLC C/O AMELIA DRIVE LLC 5 MYRNA RD LEXINGTON, MA 02420 67 NANTUCKET BANK C/O SOVEREIGN BANK P 0 BOX 14115 READING, PA 19606 67 NINETEEN OLD SOUTH RD LLC C/O SHAPIRO ROBERT 218A E EAU GALLIE BLVD # 107 INDIAN HARBOR, FL 32937 67 NINETEEN A OLD SOUTH RD LLC C/O SHAPIRO ROBERT 218A E EAU GALLIE BLVD # 107 INDIAN HARBOUR, FL 32937 -4875 67 NINETEEN C OLD SOUTH RD LLC C/O SHAPIRO ROBERT 218A E EAU GALLIE BLVD 4107 INDIAN HARBOUR, FL 32937 -4875 67 NANTUCKET TOWN OF 16 BROAD ST NANTUCKET, MA 02554 67 NANTUCKET TOWN OF 16 BROAD ST NANTUCKET, MA 02554 68 NANTUCKET BANK C/O SOVEREIGN BANK PO BOX 14115 READING, PA 19606 cp m m m m m m m m m m m m m m m m in N O F-' W w 0 cn cn m m m w w w r r r r r r o m to r o ID o-4 m to is M to a N r H H H z z z z ��Q h] g M z z z M H d x1 z M n o bu qq M M O O H n z H a+ O m M p ta m d H n n nI n- n- nI n- pI n 0 0 0 0 0 0 0 000H o H H H H n n En H 2 3 ro b7 r 0 0 w r 0 rt C N• rt N l N z n 0 F z 7e ci H H H C t1i H N H CA AUG -11 -2011 THU 02 :36 PM WANNACOMET WATER COMPANY FAX NO. 5083255344 P. 02 1 K � WANNACOMET WATER COMPANY Ulephone (508) 228 -0022 r Fax (508) 325 -5344 March 13, 2001 Mr. Matt Young Nantucket Planning Board 1 Fast Chestnut Street Nantucket, MA 02554 By Telefax RE; 171/2 Old South Road Dear Matt, 1 have reviewed the site plan for the above referenced project as prepared by John I Shugrue, dated December 11, 2000 with the latest revision dated February 21, 2001 and offer the following. a. The existing stormwater treatment and recharge system was designed and installed in accordance with the practices and guidelines contained in the Pioneer Valley Planning Commission document entitled ,4rtlfcial Recharge: Evaluation and Guidance to Municipalities is incorporated into Chapter 139 -12 of the Town of Nantucket Zoning By- laws. b. The proposed use of this property will not have a negative impact on the existing storrnwater treatment and recharge system and in fact will enhance the efficiency of the system by the installation of the Eco- Stonew pavers. c. 1 have reviewed the Stormivater Continuing Maintetlance & ManageMent Flan and find it acceptable. Therefore,) find that this project will not have an adverse impact on the groundwater quality and is hereby approved by the Wamtacomet Water Company Under § 139- 12B(3)(a) of the Town of Nantucket Zoning By -law. if you have any questions please give me a call. Sincerely, WANNACOMET WATER COMPANY Robert L. Gardner General Manager Cc: Chris Pykosz, WWCo Heidi Holdgate, WWCo John J. Shugrue i 1; �l TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: December 7, 2011 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 056 -11 Owner /Applicant: KENNETH S. RISEBOROUGH 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. 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 67, Parcel 41.3 17 '-� Old South Road Book 887, Page 34 Residential Commercial - 2 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, September 8, 2011, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of KENNETH S. RISEBOROUGH, 64 Milk Street, Nantucket, MA 02554, File No. 056 -11: 2. Applicant is requesting Special Permit relief pursuant to 139 -7a (uses - laundromat, bakery), 139 -18 (parking waiver) , and 139 -20 (off- street loading zone) in order to operate a laundromat and bakery on the Locus. In doing so, the Applicant is also requesting a parking waiver of one (1) spot and a waiver of the required loading zone. The Locus is situated at 17 II� Old South Road, is shown on Nantucket Tax Assessor's Map 67 as Parcel 41.3, and is recorded at the Nantucket County Registry of Deeds in Book 887, Page 34. 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. The Planning Board recommended favorable action on the matter. No letters were received in favor of or in opposition to the matter. 4. Denise Riseborough represented the Applicant at the hearing. At the hearing, Ms. Riseborough explained to the Board that the Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139 -7a (uses - Laundromat, bakery), 139 -18 (parking waiver), 139 -20 (off- street loading zone) in order to operate a laundromat and bakery on the Locus. 1 Ms. Riseborough represented that the Applicant proposes to demolish the existing three -unit apartment building and in its place, the Applicant plans to construct a new 1,768 square foot single -story commercial building with a total of ten (10) parking spaces. An additional 11th space is also available and is designated in a Cross Easement for Parking and Access, as recorded in the Nantucket Registry of Deeds in Book 734, Page 242. The first floor of the newly constructed structure will contain a coin - operated laundromat with 24 washers and 28 dryers. A drop -off dry cleaning service will also be available on the first floor. Dry cleaning service will be contracted with an off - island wholesale dry cleaning business; therefore, no on- site dry cleaning operation will take place on the premises. The proposed bakery in the basement of the structure is designed to support an ancillary retail business on the first floor to offer pre - packaged baked goods to laundry customers. Public access to the bakery will be prohibited and storage for the laundromat, drop -off dry cleaning service, and bakery will be located in the basement. The public hours for the Laundromat and drop -off dry cleaning service will be from 6:00 am to 10:00 pm, 7 days a week and closed for holidays. The building will be open to employees from 4:00 am until 11:00 pm for setup and cleanup. The number of peak shift employees will not exceed 4 during any given time. The owners /applicants will comprise 2 of these 4 employees. No more than two (2) bakers will work from 4:00 am until noon daily. There will be two (2) laundry /dry cleaning shifts with one employee working each shift. During the months of May through September, there will likely be an additional laundry /dry cleaning employee for each shift. The proposed commercial building will be air conditioned, contain two exterior entrances - each with wheelchair access, a handicapped accessible bathroom, and one handicapped parking space. 5. Accordingly, the Board of Appeals, by unanimous vote of the sitting members, found that the proposed uses on the Locus would be in harmony with the purpose and intent of the Zoning Bylaw subject to the following conditions: 2 a. The Applicant shall provide ten (10) parking spaces, one of which is handicapped, as shown on the plan entitled, "ZBA Permit Plot Plan, 17 Old South Road in Nantucket, Massachusetts," prepared by Nantucket Surveyors, LLC, dated August 10, 2011, attached hereto as "Exhibit A;" b. The existing screening on the Locus shall be maintained; C. The hours of operation shall be 6:00 AM to 10:00 PM, Monday through Sunday; d. There shall be air conditioning units installed on the premises; and, e. The loading zone requirement shall be waived. SIGNATURE PAGE TO FOLLOW 3 Dated: bI(OL L , 2011 COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. r I l�. 1. '2011 O h��'� G da of ��+ ' 2011, before me, the undersigned Notary Public �•�O•�h g ry ,personally appeared name is signed on the preceding or attached document, and whoa acknowledged e knowl dged ome hai /she signed t whose voluntarily for its stated purpose. No Public: p d My commission expires: ''t'4-1�D A - PARK.INC TAS " "_ 7717 E In TES I. SPECIAL PERM/? RECORDED IN BOOK 692, PAGE LAUNDROMAT- 1 SPIJ WASHERS: 24 WASHERS (30 DRYERS)(DROP OFF DN,Y CLEAN) = 6 SPACES RE TA /L— 1 SP/ <'DO SF.: 307 2. CROSS EASEMENTS FOR PARKING AND ACCESS 475 S.F. = 2 SPACES RECORDED IN DOCK 692, PACE 337 AT NANTUCKET ' UPLOYL-1S — I SP/ EMPLOYEES' 4 EMPLOYEES (PEAK) = 1 SPACE DCLDS AS AFFECILD BY AMENDMENT RECORDED IN + DOCK 734, PAGE 242. TOTAL SPACES REOUIRED: 3. EASEMCNT GRANT RECORDED IN dOOK 692, PAGE 11 SPACES 341. 4. MUL 77-USC RC57RIC77ON RECORDED IN DOCK 694, PAGE 308. 5 ?OARD OF APPEALS APPLICATION NOS u. 1173 -94 013 -96 __ `:�Y�Jry� . L1i. c. 013 -9d u 7141 4 (W 7S 1 -J) NF I) wNAN D. VANDEWA/R. IJ IJEA[. W. VAN JE:/ S MARfl R. VAN tlEU .:J HENRY WASlERSA/ ✓R. — f NOTE_ AS -BUILT DATA AS DEHICTED ON PLAN BY JOHN J. SHUGRUL INC., DATED. DECEMBER 12, 2001_ ZONINo kLL,J RLUUES -PLC. SECT 39 -1d A.(S) THREE EXISTING SPACES LOCATED ON ADJOINING LOT. SEE TITLE NOTE 2 FOR EXISTING EASEMENT. D. TABLE OF PARKING REQUIREMENT PARKING REQUIRED= 11 SPACES; PARKING PROPOSED= 10 SPACES. SECT. 13.3 -70 NO OFFSTREET LOADING HAY CURRENT ZONING RC -2 MINIMUM I OT SIZE'5,000 S.F MINIMUM FRONTAGE 40 FT. FRONTYARD 5ETBACK:10 FT. SIDE AND REAR SETBACK.5 LT ALLOWABLE G C R.: 50% PROPOSED GC R -23.4. REQUIRED OPEN SPACE: 20A PROPOSED OPEN SPACE: 26.97 FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN RELIES ON CURRENT DEEDS AND PLANS OF RECORD VERIFIED BY FIELD MEASUREMENTS AS SHOMN HERE(,: THIS PLAN IS NOT REPRESENTED TO BE A TITLE EXAMINATION OR A RECORDABLE 'SURREY. N.B.O68/11 /t 671667 N7F Ni /JEIEEN UCD SDUTH RD Lc ZHA PERMIT PLOT PLAN 17 OLD SOUTH ROAD P4 A 11.K NANTUCKET, MASSACHUSETTS " BANrDS SCALEil =20' DATE: B /10/11 + DEED REFERENCE: DOBK 887 PG 34 °LAN REFERENCE: PLNO. Ol -3 ASSESSORS REFERENCE MAP: 67 PARCEL: 413 APPLICANT: KENNETH. S. RISCDGROUGH NAN T_iCKET SURVEYORS LLC 51NDY WAY __ `:�Y�Jry� . L1i. NANTUCKET, MA. 02554 N -10