HomeMy WebLinkAbout016-12 25 Youngs WayJ
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
Fee: $300.00
Owner's name(s): Lucinda Young, Trustee
Mailing address: 8 Moors End Lane, Nantucket, MA 02554
Phone Number: E -Mail:
Applicant's name(s): Jonathan Wisentaner
Mailing Address: l D r 0 0 L NJ
Phone Number: E -Mail:
File No. 016-11
Locus Address: 25 Young's Way Assessor's Map /Parcel: 67 - 688
Land Court Plan /Plan Book & Page /Plan File No.: Plan 03 -10 Lot 24
Deed Reference /Certificate of Title: Book 231, Page 167 Zoning District: RC -2
Uses on Lot- Commercial: None: Yes (describe) Vacant
N1
Residential: Number of dwellings: Duplex `� A Apartments
Date of Structure(s): all pre -date 7/72: N/A
Building Permit Numbers: N/A
Previous Zoning Board Application Numbers: N/A
State below or attach a separate addendum of specific special permits or variance relief
applying for:
SEE EXHIBIT B
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.
SIGNATU
SIGNA
C-1 T -V o cu
Applicant /Attorney /Agent*
Owner*
*If an Attorney or other Agent is representing the Owner or the Applicant, please provide
a signed proof of agency.
OFFICE USE ONLY
Application received on: _ /_ /_ By: Complete: Need Copies:
Filed with Town Clerk:—L/— Planning Board:—/—/— Building Dept.:_ /_ /_ B _
Fee deposited with Town Treasurer: y
P _ /_ /_ By :_ Waiver requested:
Granted:—/—/— Hearing notice posted with Town Clerk:_ /_ /_ Mailed:—/—/_
I &M_ /_ /_ &_/_/_ Hearing(s) held on:—/—/_ Opened on :_ /_ /_
Continued to:—/—/— Withdrawn:—/—/— Decision Due By:_ /_ /_
Made:—/—/— Filed w /Town Clerk:—/—/— Mailed:—/—/_
Addendum "A"
Applicant is contract purchaser of Lot 24 on Plan recorded at Nantucket
Registry of Deeds as Plan No. 03 -10. Applicant seeks a Special Permit
pursuant to CH 139 0 30 to operate a landscape contractor's business at 25
Young's Way. The use chart set out in CH 139 0 7A of the Zoning By -Law
provides that a landscape contractor requires a Special Permit in RC -2 zone.
68 -4
N/F
SHARON NICHOLAS
�o
PROPOSED -
VEGETATIVE
SCREENING
PROPOSED
STORAGE
AREA
PROPOSED USE CALCULATIONS
LOT AREA = 10,782± SF
"N
N PROPOSED DRIVEWAY, PARKING & s00•
STORAGE AREA = 7,372± SF = 68% ±
REMAINING "GREEN" SPACE = 3,410± SF = 32% ±
STORMWATER SYSTEM TO BE DETERMINED
THIS PLOT PLAN WAS PREPARED FOR THE TOWN
OF NANTUCKET ZONING BOARD OF APPEALS ONLY.
SHOULD NOT BE CONSIDERED A PROPERTY LINE
SURVEY. THIS PLAN SHOULD NOT BE USED TO
ESTABLISH PROPERTY LINES, FENCES, HEDGES OR
ANY ANCILLARY STRUCTURES ON THE PREMISES.
THE PROPERTY LINES SHOWN RELY ON CURRENT
DEEDS AND PLANS OF RECORD.
THIS PLOT PLAN IS NOT A CERTIFICATION AS TO
TITLE OR OWNERSHIP OF THE PROPERTY SHOWN.
OWNERS OF ADJOINING PROPERTIES ARE SHOWN
ACCORDING TO CURRENT ASSESOR RECORDS.
OWNER'S REFERENCE:
STURGIS PINES NOMINEE TRUST
#25 YOUNGS WAY
MAP 67 PARCEL 688
DEED BOOK 731 PAGE167
PLAN No. 03 -10, LOT 24
Nantucket Zoning
Board of Appeals
DATE APPROVED:
ZONING BD. FILE No.
2 6:1
68 -324
N/F
NOSTRAS LLC
EXISTING
PROPOSED
GRAVEL
DRIVEWAY &-
PARKING AREA
67 -689
N/F
STURGIS PINES
NOMINEE TRUST
PROPOSED
BERM WITH
VEGETATIVE
SCREENING
ZONING"
SETBACK
CURRENT ZONING CLASSIFICATION:
Residential Commercial (RC -2)
MINIMUM LOT SIZE:
5000 S.F.
MINIMUM FRONTAGE:
40 FT.
FRONT YARD SETBACK:
20 FT.
REAR /SIDE SETBACK:
5 FT.
GROUND COVER %
50%
NOTE:
LOT IS WITHIN THE
PUBLIC
WELLHEAD RECHARGE
DISTRICT
EXISTING
SPLIT RAIL
FENCE
�o
0P0V
PROPOSED
ASPHALT
DRIVEWAY
APRON
" SITE PLAN TO
ACCOMPANY Z.B.A.
APPLICATION
Prepared For
JONATHAN WISENTANER
25 YOUNGS WAY
MAP 67 PARCEL 688
February 2, 2012 Scale: 1`30'
BLACKWELL and ASSOCIATES, Inc.
Professional Land Surveyors
20 TEASDALE CIRCLE
NANTUCKET, MASS. 02554
(508) 228 -9026
GRAPHIC SCALE
0' 15' 30' 60' 90' nrl
t
Town of Nantucket
Zoning Board of Appeals
RECEIVED
SOARD OF ASSESSORS
FEB 0 7 2012
TOWN OF
NANTUCKET. MA
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
PROPERTY OWNER.......... . v` .� ..`�..�'............ ..v ...... ` . \...
MAILING ADDRESS .......................... ............ =... , ....... ... ........
y
PROPERTY LOCATION......... a. ............tJ.J. ..�' .................
ASSESSOR MAP / PARCEL ............................... ....... .........................
SUBMITTED BY .................. C:.............`..: � . .`J......................
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)•
DE
ASSESSOR'S OFFICE
TOWN OF NANTUCKET
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Date: Mav 11, 2012
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No:
016 -12
Owner /Applicant: LUCINDA YOUNG, TRUSTEE OF STURGIS PINES
NOMINEE TRUST AS OWNER; JONATHAN WISENTANER
AS APPLICANT
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 688
25 Young' s Way Lot 24, Plan 03-10
Residential Commercial - 2 Book 231, Page 167
DECISION:
1 . At a public hearing of the Nantucket Zoning Board of
Appeals, on Thursday, March 8, 2012, at 1 : 00 P.M. and Thursday,
April 12, 2012, at 1 : 00 P.M. , at 4 Fairgrounds Road, Nantucket,
Massachusetts, the Board made the following decision on the
application of LUCINDA YOUNG, TRUSTEE OF STURGIS PINES NOMINEE
TRUST AS OWNER, JONATHAN WISENTANER AS APPLICANT, 8 Moors End
Lane, Nantucket, MA 02554, File No. 016-12 :
2 . Applicant is requesting Special Permit relief pursuant
to Nantucket Zoning Bylaw Section 139-30 (Special Permits) in
order to operate a landscape contractor' s business and exterior
storage pursuant to Section 139-7a (use chart - allowed uses by
Special Permit) on the Locus . Said uses are allowed in the
Residential Commercial - 2 zoning district by Special Permit
relief. The Locus is situated at 25 Young' s Way, is shown on
Nantucket Tax Assessor' s Map 67 as Parcel 688, is shown as Lot
24 on Plan 03-10, and is recorded at the Nantucket County
Registry of Deeds in Book 231, Page 167 . 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. There were no letters on file in support of, or
in opposition to, the project.
4 . Attorney Richard Glidden represented the Applicant at
the hearing. At the hearing, Attorney Glidden explained to the
Board that the Applicant is requesting Special Permit relief
pursuant to Nantucket Zoning Bylaw Section 139-30 in order to
1
operate a landscape contractor' s business and exterior storage
pursuant to Section 139-7a (use chart) on the Locus . Said uses
are allowed by Special Permit in the Residential Commercial - 2
zoning district. Attorney Glidden further stated to the Board
that the Applicant is not proposing any structures on the Locus,
just a gravel parking area and a storage area.
5 . At the March 8th hearing, the Zoning Enforcement Officer
asked why "exterior storage" was not initially requested by the
Applicant . The Board and the Applicant had a discussion whereby
it seemed implicit that given the nature of the application and
the relief requested, outdoor storage would have to be part of
the commercial operation. The Board suggested that the
Applicant re-notice the application so to include "exterior
storage" in the relief requested. The Board also noted that
other commercial businesses in this neighborhood did not allow
exterior storage . Attorney Glidden pointed out to the Board
that there has been no neighborhood opposition to the proposed
use.
6. After a discussion between the Board and the
Applicant, the Board found that Special Permit relief for
exterior storage and a landscape contractor' s business would be
in harmony with the purpose and intent of the Zoning Bylaw
because such a use is appropriate in the Residential Commercial
2 zoning district .
7 . Accordingly, by a vote of FOUR in favor and ONE
opposed (Toole) , the Board of Appeals found that Special Permit
relief for a landscape contractor' s business and exterior
storage on the Locus as shown on the plan entitled, "Site Plan
to Accompany ZBA Application, " prepared by Blackwell and
Associates, Inc. , dated February 2, 2012, attached hereto as
"Exhibit A", is granted because said uses are in harmony with
the purpose and intent of the Zoning Bylaw.
SIGNATURE PAGE TO FOLLOW
2
r l0 , 2012
Dated: I `�
77 ill;
J.,46 i '
Eo .rd noole/
J
Mic ,O' M.ril
O ' d oloo
Lisa Botti I li/ '
'erim K. ea ac
"usan McCarth
COMMONWEALTH OF M ASSACHUSETTS
Nantucket, ss. "1 10 ,2012
On this Iv of ,2012,before me,the undersigned Notary Public,personally appeared
�y. ,who is personally known to me,and who is the person whose
name is signed on the precedin or attached document,and who acknowledged to me that he/ �e signed it
voluntarily for its stated purpose. ll//
Nota Public: �jL 6 6(tsi„
Myer mmission expires: Oiltiiiim ',,,,,eotptiltirofry ,,
e,, ,„ '
s .1 P
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.
t
3
CURRENT ZONING CLASSIFICATION:
Residential Commercial (RC-2)
68-324 MINIMUM LOT SIZE: 5000 S.F.
68-4 N/F MINIMUM FRONTAGE: 40 FT.
N/F r NOSTRAS LLC
REAR/SIDE YARD SETBACK: 20 FT.
SHARON NICHOLAS - GROUND COVER % 50%
�� NOTE:
O / LOT IS WITHIN THE PUBLIC
�� �r EXISTING WELLHEAD RECHARGE DISTRICT
/ _< PROPOSED ' TREES
STORAGE oil
/ /AREA �'
\ N GHQ b1, ,6'
o "4444 .� EXISTING
N / -,"t SPLIT RAIL
FENCE
PROPOSED PROPOSED
VEGETATIVE N DRIVEWAY & It PROPOSED
SCREENING ' /PARKING AREA ASPHALT ia,
PROPOSED USE CALCULATIONS \ DRIVEWAY
APRON
LOT AREA = 10,782± SF 7 PROPOSED \.
PROPOSED DRIVEWAY, PARKING & s°o• BERM WITH
STORAGE AREA = 7,372± SF = 68% ± VEGETATIVE
REMAINING "GREEN" SPACE = 3,410± SF = 32% ± 4' 4)p, SCREENING it I '- - i
STORMWATER SYSTEM TO BE DETERMINED N e ,:.
67-689 b
THIS PLOT PLAN WAS PREPARED FOR THE TOWN N F N 1 ����, ��
OF NANTUCKET ZONING BOARD OF APPEALS ONLY. /
SHOULD NOT BE CONSIDERED A PROPERTY LINE STURGIS PINES . ' �, 9 Q 4�
SURVEY. THIS PLAN SHOULD NOT BE USED TO NOMINEE TRUST 1. .
ESTABLISH PROPERTY LINES, FENCES, HEDGES OR e C
ANY ANCILLARY STRUCTURES ON THE PREMISES. ZONING THE PROPERTY LINES SHOWN RELY ON CURRENT SETBACK ..• / P
DEEDS AND PLANS OF RECORD. ' •�,
THIS PLOT PLAN IS NOT A CERTIFICATION AS TO
TITLE OR OWNERSHIP OF THE PROPERTY SHOWN.
OWNERS OF ADJOINING PROPERTIES ARE SHOWN
ACCORDING TO CURRENT ASSESOR RECORDS.
OWNER'S REFERENCE:"`��"'i �;
J _l,..':'.-----!.:- .4.
,... --` ; , SITE PLAN TO
STURGIS PINES NOMINEE TRUST p•A•
#25 YOUNGS WAY -'o l ��
` .ACCOMPANY Z.
MAP 67 PARCEL PA APPLICATION
DEED BOOK 731 PAGE167 ° ' , I
PLAN No. 03-10, LOT 24
i -- - ::"..4L.7 ,_
/,-
Nantucket Zoning
Prepared For
Board of Appeals . . i 1 rte-- `ONATHAN WISENTANER
25 YOUNGS WAY
MAP 67 PARCEL 688
February 2, 2012 Scale: 1"=30'
BLACKWELL and ASSOCIATES, Inc.
Professional Land Surveyors
20 TEASDALE CIRCLE
NANTUCKET, MASS. 02554
(508) 228-9026
DATE APPROVED: GRAPHIC SCALE
ZONING BD. FILE No.
j:\DRAWFILES\B7529\SP—ZBA.dwg 2/2/2012 6:16:53 PM EST 0 15 30 60 90 B7529