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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with Town Clerk:_ /_ /_ Mailed:—/—/_ I &M_ /_ /_ &_/_/_ Hearing(s) held on:—/—/_ Opened on :_ /_ /_ Continued to:—/—/— Withdrawn:—/—/— Decision Due By:_ /_ /_ Made:—/—/— Filed w /Town Clerk:—/—/— Mailed:—/—/_ Addendum "A" Applicant is contract purchaser of Lot 24 on Plan recorded at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 0 H � H U, H a Ei U W EH z PQ Z N {N b a z N t qN S U z N' t' 0 u a a mIa° xl u w H M d N a a at w$ 3 $ aa„y(y, � F. [z9$ zNUz' (zNg9 O i. U �Uq zN zN zN yN yUy' ,BU,�GG' yNUy' zUz' �yU�y' U' U' G zUz' fyy7 Czz7 X01 �yi U Wm U U D 0 0 N u W F. 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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 Z . 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