HomeMy WebLinkAbout010-13 19 Nobadeer Farm RoadNANTUCKET ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MA 02554 CASE NO. 010-IS
FEE: $300.00
APPLICATION FOR RELIEF
Owner's name(s):Small Friends on Nantucket, Inc.
Mailing address: 19 Nobadeer Farm Road Nantucket Massachusetts 02554 RECEIVED
Applicant's name(s): Dylan Wallace and Claudia Butler 7fl)i on 5 Pm 1 18
Mailing address: in care of Sarah F Alger P.C., Two South Water Street. Nantu9k0 MassacbnsctW:0255iiERK
Locus address: 19 Nobadeer Farm Road Assessor's Map/Parcel: 69/83
Plan File No.:2013 -2 Lot No.: B
Date lot acquired: 08/3111998 Deed Ref: Book 591, Page 66 Zoning District: RC2
Uses on Lot – Commercial: None_ Yes (describe) Bakery Food Processing and Catering
Residential: Number of dwellings_ Duplex_ Apartments 1 Rental Rooms_ _
Building Date(s): All pre -date 7/72? or 1989 C of O(s)? Yes for 583 -02
Building Permit Nos: 583 -02 and 725 -03
Previous Zoning Board Application Nos.:
State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of
the Zoning By -law, and supporting details, grounds for grant of relief, listing any existing nonconformities:
See Addendum attached.
I certify that the information contained herein is substantially complete and true to the best of my
knowledge, under tke paimAuA penalties of perjury.
(If not owner or �Lcr's attoi7 please enclose proof of agency to bring this matter before the Board)
FOR ZBA OFFICE USE
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Hearing(s) held on: _/ / Opened on:_/ / Continued to: /_ /Withdrawn ?: / /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 BY:—/-/- / Made:_/ / Filed w/Town Clerk:_/_/ Mailed:_/ /
DECISION APPEALED?:-/-/- SUPERIOR COURT: LAND COURT_ Form 4/03103
ADDENDUM
(Nantucket Zoning Board of Appeals Application
19 Nobadeer Farm Road, Nantucket, Massachusetts)
Applicants request a Special Permit pursuant to Nantucket Zoning
By -law (the "By -law ") § §139 -30 and 139 -7 to allow .their uses of
the existing structure on the locus. Applicants propose to
reside in the second story apartment in the structure and to
conduct their business on the first floor. Applicant's business
currently involves food processing for the manufacture and sale
of chocolates, spices, and related products. Applicants intend
to expand their business to include agricultural uses, such as
growing certain of the herbs and other plants used in their
products, a catering component (including preparing lunches for
the surrounding schools), a bakery for items such as cakes to
order, cooking classes, retail sales, primarily for off site
sale, and other. Under By -law §139 -7, food processing,
catering, and a bakery are allowed by special permit. All of
the other uses are allowed as a matter of right.
The locus and the structure on it comply with all dimensional
requirements of the By -law for the Residential Commercial 2
( "RC2 ") Zoning District in which they are. located. Eleven (11)
on -site parking spaces are provided, where seven (7) are
required for the uses as follows:
Use
Requirement
Required as Proposed
Dwelling
2
2
Retail uses
1 for each 200 square feet
of gross floor area
4
Employees
1 for each 3 on peak shift
1
Total
7
The locus can accommodate an off - street loading facility. Given
the nature of Applicants' proposed use, however, and the fact
that the loading facility would consume a significant amount of
green space that .could be devoted to Applicants' agricultural
uses, Applicants request relief by special permit from such
requirement pursuant to By -law §139 -20.C.
The Applicant further seeks minor site plan review pursuant to
By -law §139 -23.
The locus is located at 19 Nobadeer Farm Road, is shown on
Nantucket Tax Assessor's Map 69 as Parcel 83, is shown as Lot B
on plan recorded with Nantucket Deeds in Plan File 2013 -2, and
is located in the Residential Commercial 2 ( "RC2 ") Zoning
District.
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g1, /T i OD . • ' RECEIVED
"jJ• BOARD OF ASSESSORS
Town of Nantucket FEB 06 2D9
ZOMNG BOARD OF APPEALS TOWN OF
rNANTUCKEL MA .
r .•
LISTOFPARTIE SININCTERH, S, Ti mmeMAT `TE�RoFTHEP *sn7TONOF" '
PROPERTY OWyER:.. 1�.% l.l. Xh. d\: ..Y.:R.C.K7-s�- 7....J�!.Ori�1N1 '
MAILDIO ADDRESS.G, ,...5AI N.ii,,F,�..,,
PROPERTYLOCATION ....I..l..l�(Q.�G. :...!...
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ASSESSORS M1IAPI PARCEL:..:. fP.,.. S..% G. R.] ......: ...............................
APPLICANT .....,. .................
SEE ATTACHED PAGES
I certify that the foregoing is e list of persons who are owners of abutting property, owners of
land directly opposite on saypublic or prfvate sfroet or way; and abuttnn of the abutters 'and all -
other land owners within 300 feet of the property line of owner's property, all as they appear on
the most rcceat applicable tax list (M.G.L, c. 40A, Section I I Zoning Code Chapter 139.
Section 139 -29D (2) .
DATE ' ASSESSOR'S OFFICE
Town of Nentticirot -
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db RECEIVED
TOWN OF NANTUCKET R 25 P�1 10 09
BOARD OF APPEA
NANTUCKET, MASSACHUSET" �JTIWI 11E11
Date: April 22 1 2013
To: Parties in Interest and others concerned with the Decision of
the BOARD OF APPEALS in the Application of the following:
Application No. 010 -13
Owner /Applicant: SMALL FRIENDS OF NANTUCKET, INC. AS OWNER; DYLAN WALLACE
AND CLAUDIA BUTLER AS APPLICANTS
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.
`U w6tJ � , 2at1 _
Edward S. Toole, Chairman WW
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 83
19 Nobadeer Farm Road
DECISION:
Book 591, Page 66
Plan File No. 2013 -2, Lot B
Residential Commercial - 2
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Thursday, March 14, 2013, at 1:00 P.M., 4
Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following decision on the application of SMALL FRIENDS OF
NANTUCKET, INC. AS OWNER; DYLAN WALLACE AND CLAUDIA BUTLER AS
APPLICANTS, c/o Sarah F. Alger, P.C., 2 South Water Street,
Nantucket, Massachusetts, 02554, File No. 010 -13:
2. Applicants are requesting Special Permit relief
pursuant to Nantucket Zoning Bylaw Section 139 -30 for uses
allowed by Special Permit pursuant to Section 139 -7 in order
expand their business to include food processing, catering, and
a bakery use. The Applicants also request a loading zone waiver
pursuant to Section 139 -20.0 and minor site plan review pursuant
to Section 139 -23. The Locus is situated at 19 Nobadeer Farm
Road, Assessor's Map 69, Parcel 83, Lot B on Plan File 2013 -2,
and evidence of owner's title is recorded in Book 591, Page 66
of the Nantucket County Registry of Deeds. The site is zoned
Residential Commercial - 2
3. Our decision is based upon the application and
accompanying materials, 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 in favor of, or in
opposition to, the application.
4. Attorney Sarah Alger represented the Applicants at the
hearing. Attorney Alger explained to the Board that the
Applicants are requesting Special Permit relief pursuant to
Nantucket Zoning Bylaw Section 139 -30 for uses allowed by
Special Permit pursuant to Section 139 -7. The Applicants
propose to reside in the single family dwelling on the second
1
floor of the structure and to conduct their business on the
first floor. The Applicant's business currently involves food
processing for the manufacture and sale of chocolates, spices,
and related products. Applicants intend to expand their
business to include agricultural uses, such as growing certain
of the herbs and other plants used in their products, a catering
component (including preparing lunches for the surrounding
schools), a bakery for items such as cakes to order, cooking
classes, retail sales, primarily for off site sale, and other
related uses. Under By -law §139 -7, food processing, catering,
and a bakery are allowed by special permit. All of the other
uses are allowed as a matter of right.
The Locus and the .structure thereon comply with all dimensional .
aspects of the Residential Commercial - 2 zoning district. The
Locus also complies with the parking requirement of the Bylaw,
providing eleven (11) spaces where only seven (7) are required.
Use
Requirement
Parking Spaces
Required
Dwelling
2
2 parking spaces
Retail Uses
1 for each 200
4 parking space
square feet of gross
floor area
Employees
1 per 3 employees
during peak shift
1 parking space
TOTAL
7 parking spaces
Although the Locus could accommodate an off- street loading
facility, the Applicants are requesting a waiver because said
loading zone would consume a significant amount of green space
that could be devoted to the Applicants' agricultural uses.
Therefore, the applicants are requesting the loading zone
requirement be waived pursuant to Section 139 -20.C. Further,
the Applicants are also requesting minor site plan review
pursuant to Section 139 -23.
The Board expressed concerns regarding the retail uses proposed
on the Locus and the amount of potential traffic said uses could
generate. They also suggested the Applicant revise their
parking area such that traffic can turn around on the Locus
before exiting onto Nobadeer Farm Road.
5. Therefore, after a discussion with the Applicant, the
Board finds that such Special Permit relief pursuant to
Nantucket Zoning Bylaw Sections 139 -30, 139 -20.C, and 139 -23 in
order to allow the Applicants to expand their business as
E
proposed to include food processing, catering, and a bakery use;
to waive the required loading zone; and for minor site plan
review would be in harmony with the general purposes and intent
of the Bylaw because the Residential Commercial - 2 zoning
district is an appropriate zoning district for such types of
low- impact commercial uses.
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 -30, and
139 -20.C, in order to allow the Applicants to expand their
business as proposed to include food processing, catering, and a
bakery use; to waive the required loading zone; and for minor
site plan review would be in harmony with the general purposes
and intent of the Bylaw would be in harmony with the purpose and
intent of the Zoning Bylaw with the following conditions:
a. That there shall no more than three (3) total employees
working at peak shift;
b. That for as long as there are retails sales on site,
there must also be an off -site retail component of the
business;
c. That if the Applicants
component of their bu
continue to operate at
significantly modify the
come before the Board of
and
change ownership of the retail
3iness and that business will
the locus or if the Applicants
scope of the business, they must
Appeals to modify this decision;
d. That the parking shall be configured such that vehicles
have adequate space to turn around in the parking area
such as shown on the plan entitled, "Exhibit A Plan in
Nantucket, Mass," prepared by Blackwell & Associates,
Inc., dated February 25, 2013, revised April 16, 2016, a
copy of which is attached hereto as Exhibit A.
7. In a separate motion, by a UNANIMOUS vote of the
sitting Board, the Board of Appeals approves minor site plan
review pursuant to Nantucket Zoning Bylaw Section 139 -23.
SIGNATURE PAGE TO FOLLOW
3
Dated: AP.(i( Z 12013
Lis Bottice 1i.
COMMONWEALTH OF MASSACHUSETTS
Nantucket, as. A& ?-L 2013
On this day of fl 12013, before me, the undersigned Notary Public, personally appeared
^p / p }-�—i C �r , who is personally known to me, and who is the person whose
time is signed on the preceding or attached document, and who acknowledged to me that he /she signed it
voluntarily for its stated purpose.
tary Public:
My commission expires: LYNELL D. VOLLANS
W,�9 Notary Public
ry�t {Commonwealth of Mossachusehs
4�V\yfl /r9 My Commission Expires
December 28, 2018
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