HomeMy WebLinkAbout071-12 5 Rosemary LaneTOWN OF NANTUCKEa 9 y
BOARD OF APPEA15S
NANTUCKET, MASSACHUSETC 0?155
y o
n
Date: January 11,` 0*
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 071 -12
Owner /Applicant: Duane P. Jones
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.
?,� � L� Csw
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 276
5 Rosemary Lane
Residential Commercial - 2
DECISION:
Certificate of Title No. 22,100
Land Court Plan 16514, Lot 770
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Thursday, November 8, 2012, at 1:00 P.M., 4
Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following decision on the application of DUANE P. JONES, c/o
Sarah F. Alger, P.C., Two South Water Street, Nantucket,
Massachusetts 02554, File No. 071 -12:
2. Applicant is requesting Special Permit relief pursuant
to Nantucket Zoning Bylaw Sections 139 -7.a (allowed uses) and
Section 139 -30 (special permits) in order to construct a
structure on the Premises to be used for a contractor's shop and
to use the Locus for a landscape contractor, light
manufacturing, and for interior storage and warehousing. To the
extent necessary, the Applicant is also requesting Special
Permit relief from the provisions in Sections 139 -18 (parking),
139 -19 (screening), and 139 -20 off - street loading). The Locus
is situated at 5 Rosemary Lane, is shown on Nantucket Tax
Assessor's Map 69 as Parcel 276, is shown on Land Court Plan No.
16514 -72 as Lot 770, and title is registered as Certificate of
Title No. 22,100 in the Nantucket County District of the Land
Court. The site is zoned Residential Commercial - 2.
3. Our decision is based upon the
accompanying materials, representations, and t
at our public hearing. There was no
recommendation on the basis that no matters of
were presented. No letters were received in
opposition to, the application.
application and
°stimony received
Planning Board
planning concern
favor of, or in
4. Attorney Sarah F. Alger represented the Applicant at
the hearing. Attorney Alger explained to the Board that the
Applicant is requesting Special Permit relief pursuant to
1
Nantucket Zoning Bylaw Sections 139 -7.a. and Section 139 -30 in
order to construct a structure on the Premises to be used for a
contractor's shop and to use the Locus for a landscape
contractor, light manufacturing, and for interior storage and
warehousing.
The Board expressed concerns about the amount of noise and
disturbance that will be generated from the proposed uses on the
Locus. The Board suggested the Applicant attempt to mitigate
the noise generated by the commercial activity by installing
privet on the north side of the Locus, installing air
conditioning inside the structure so that the doors and windows
can be closed while the shop is being used, and eliminating any
exterior storage of goods and materials on the Locus. The Board
also expressed concerns about the amount of parking and the
loading zone, but it was determined that the site plan showed
adequate parking and loading for the uses proposed.
5. Therefore, after a discussion with the agent for the
Applicant, the Board finds that such Special Permit relief
pursuant to Nantucket Zoning Bylaw Sections 139 -7.A. and 139 -30,
in order to construct a structure on the premises to be used for
a contractor's shop and to use the Locus for a landscape
contractor, light manufacturing, and for interior storage and
warehousing would be in harmony with the general purpose and
intent of the Zoning Bylaw because said use will be in the
Residential Commercial - 2 zoning district and the Applicant
agreed to the mitigation suggested by the Board.
6. Accordingly, by a UNANIMOUS vote of the sitting Board,
the Board of Appeals made the finding that such Special Permit
relief pursuant to Nantucket Zoning Bylaw Sections 139 -7.a. and
139 -30, in order to construct a structure on the premises to be
used for a contractor's shop and to use the Locus for a
landscape contractor, light manufacturing, and for interior
storage and warehousing would be in harmony with the general
purpose and intent of the Zoning Bylaw with the following
conditions:
a. That all work shall be done as shown on the plan labeled,
"Proposed Site Plan of Land in Nantucket, MA," dated
October 25, 2012, prepared by Blackwell & Associates,
Inc., attached hereto as "Exhibit A ";
b. That privet screening shall be installed on the northerly
side of the Locus so as to act as a buffer;
E
c. That air conditioning shall be installed in the structure
and that the doors and windows shall be closed while the
structure is being used for a commercial activity;
d. The hours of operation shall be 7:00 am to 7:00 pm,
Monday through Saturday, and there shall be no work on
Sundays;
e. There shall be no exterior storage of goods and materials
on the Locus; and,
f. Only functional vehicles may be parked on the Locus.
SIGNATURE PAGE TO FOLLOW
9
MMrr.... 1111 &ts
Dated:_,pg}�
COMMONWEALTH OF MASSACHUSETTS
001
Nantucket, ss. 20+9;
11A
On this 0 day ppf 3012, before me, the undersigned Notary Public, personally appeared
FI �'Mit , 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 he 41osigned it
voluntarily for its stated purpose.
No u lic:
My commission expires: /'11
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