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Home My WebLink About049-13 Spearhead Road (Portion 7 Arrowhead Drive)Fee: $300.00 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION RECEIVED 2013 0 9 R'M 9 55 WITUC'KET TOWN CLERK File No. M- Owner's name(s): Kenneth C. Coffin, Inc. Mailing address: PO Box 90, Siasconset, MA 02564 Phone Number: E -Mail: App &cant's name(s):Patdcia Santos, Trustee of Toes -Co Nominee Trust Mailing Address: 6 Teasdale Circle, Nantucket, MA 02554 Phone Number: 508- 228 -4349 E -Mail: santosmbbish@comcast.net Locus Address: Arrowhead Drive (part) Assessor's Map /Parcel: 69 -10 (part) Land Court Plan /Plan Book & Page /Plan File No.: Lot 205, Land Court Plan 269848 Deed Reference /Certificate of Title: 11346 Zoning District: RC -2 (by virtue zoning freeze) Uses on Lot- Commercial: None_ Yes (describe) 1 proposed Residential: Number of dwellings Duplex Apattments Date of Stmcture(s): all pre -date 7/72 or Building Permit Numbers: Previous Zoning Board Application Numbers: ZBA 050 -84; Planning Board 4-84 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. Applicant is requesting a Special Pernrit, pursuant to §139- 9.B.(2)(b) for storage and warehousing, and minor site plan review putsuant to §139 -23, under the zoning by -law in effect in 2007, as the Premises has the benefit of a zoning freeze of said regulations. Applicant proposes to use the Premises initially for outdoor storage of empty trash /refuse containers, and in the future, will also construct a building for interior storage. 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. ,� _ / 1� Lp- �.c.rt.. � rn -CJ -.. !/ �-�6 SIGNATURE: t^VIiGA• /&trier` 76,Z --CO 1\IDrx,uue2 / (u D/ -/ *If an Agent is rEpresenting the Owkier or OFFICE USE ONLY Application received on:_/_/_ By:_ Complete:_ Need Copies:_ Filed with Town Clerk: /-/- Planning Board: -j_ Building Dept:-J-/_ By:_ Fee deposited with Town Treasurer:-LL By:_ Waiver requested:_ Granted:—/-J— Hearing notice posted with Town Clerk: - -_ Mailed.--/—/— I&M_/_/_ &_/_/_ Heating(s) held on —/—/— Opened on:—/—/— Continued to:_/_/_ Withdrawn: _/_ /_ Decision Due BT.—/—/— Made:_/_ /_ Filed w /Town Clerk_/_/_ Mailed: _/_/_ Faitgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 -228 -7298 facsimile I,I I. iii 4 r; r r 1 " =302ft Property ID 6910 Location ARROWHEAD DR Owner KENNETH C COFFIN INC �ISt�`�Ydl!i ^:;�ti NLI rT -: MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT The Torn makes no cialms and no warrantie, expressed or implied. concerning the vaalsel, or eauracy of the GIS data presented on this map. Parcels updated December. 2012 0/0,00 Town of Nantucket Zoning Board of Anneals RECEIVED BOARD OF ASSESSORS AUG 0 2 2013 TOWN OF NANTUCKET, MA LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER ..... C1G.&91.k1..... .'... .°.. �t..IY.I� ................. .... tLok to MAILINGADDRESS. c &. Reader „Gullickaen, Hanley & Gifford, LLP ................... PROPERTY LOCATION... 2.0'J.� ...... I ............... ASSESSOR MAP/PARCEL ... � - �0 ............... . ........... ....:............... 3'Loh �n SUBMITTED BY... P 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.O.L. c. 40A, Section 11 and Zoning Code Chapter 40A, Section 139 -29B (2). 0?0/3 TE ASSESSOR'S OFFICE TOWN OF NANTUCKET \/ ■ §; |' ............. ............................... || ,��1 ; :: " | | | |. ; ; °• ; ;)! :�•,! |: ,�•�, (!)||||| |(( \ |] |!! || |! | | ; | ;. | | |! | | | | | | |, :IggI.III . ! _ �,. | ;•| r §" || ) 1; ; ;: ! ))(88 Nantucket Airport Commission Bank of New York Mellon Patricia M. Barone, Trustee Town of Nantucket c/o Bank of America Harlin Realty Trust 16 Broad St. 7105 Corporate Drive P.O. Box 2087 Nantucket, MA 02554 Plano, TX 75024 Nantucket, MA 02584 Town of Nantucket Tony & Linda Yates, Trustee Brooks C. and Sally B. Hall 16 Broad St. HTZ Realty Trust P.O. Box 2886 Nantucket, MA 02554 P.O. Box 3040 Nantucket, MA 02584 Nantucket, MA 02584 Nantucket Airport Commission Collins Cronin & Corcoran LLC Dark Harbor Inc. 16 Broad St. 18 Upland Way 142 Old South Rd. Nantucket, MA 02554 Mattapoisett, MA 02739 Nantucket, MA 02554 Arrowhead Archaeology Corp. Charles MacDonald, Trustee Juliet Porter Carl Jelleme Arrowhead Realty Trust 9 Teasdale Ci Unit 1 19 Arrowhead Dr. 555 Rodman St. Nantucket, MA 02554 Nantucket, MA 02554 Fall River, MA 027214286 Great Point Partners LLC Glyns Marine Inc. Christopher Bistany 95B Rowayton Ave. P.O. Box 2858 9 Teasdale Ci Unit 2 Rowayton, CT 06853 Nantucket, MA 02584 Nantucket, MA 02554 John N. Holland North Atlantic Development LLC Dark Harbor Inc. P.O. Box 635 130 Old South Rd. P.O. Box 1382 Woodstock, VT 05091 Nantucket, MA 02554 Nantucket, MA 02554 Bruce J. MacGregor, Tr. Champoux Landscape Realty Tr. Sarah F. Alger, Trustee Nantucket Sun Nominee Tr c/o Jessie M. Glidden, Trst. 7 Teasdale Circle Nom Trust P.O. Box 2240 P.O. Box 3195 Two Union Street Nantucket, MA 02584 Nantucket, MA 02584 Nantucket, MA 02554 Arrowhead Archaeology Corp. Lee H Dunn Inc. Robert E. & Johnna R. Tonkin 19 Arrowhead Dr. P.O. Box 1846 P.O. Box 996 Nantucket, MA 02554 Nantucket, MA 02554 Nantucket, MA 02554 Patricia Santos, Trustee I50 Old South Road LP Arrowhead Archaeology Corp. Toes -Co Nominee Trust c/o Toscana Corp. 2 Doc Ryder Drive 19 Arrowhead Dr. P.O. Box 789 Siasconset, MA 02564 Nantucket, MA 02554 Nantucket, MA 02554 E. Sanford Tuttle et al., Trs. Barry E. Byrne Deborah Dunlap Kenny T & R Realty Trust P.O. Box 3328 51 Forest Av. #12 2 Greglen Ave. 399 Nantucket, MA 02584 Old Greenwich, CT 06870 Nantucket, MA 02554 -2830 Keri Kalman Town of Nantucket Nantucket Airport P.O. Box 841 Nantucket, MA 02554 N Broad Nantucket, , MA 02554 Kenneth Coffin Inc. Nantucket Memorial Airport Com. c/o United States Post Office P.O. Box o Old South Rd. Siasconset, MA 02564 Nantucket, MA 02554 Kenneth C. Coffin Inc. Steven W. & Kara C. Gibson P.O. Box 90 1 Todd Circle Siasconset, MA 02564 Nantucket, MA 02554 Kenneth C. Coffin Inc. c/o Richard J. Glidden, Trst. 37 Center Street Nantucket, MA 02554 Kenneth C. Coffin Inc. c/o Island Gas Inc. 6 Youngs Way Nantucket, MA 02554 Kenneth C. Coffin Inc. c/o BJP LLC 37 Fairgrounds Road Nantucket, MA 02554 ucp} i RECEIVED TOWN OF NANTUCKET F013 OPT 17 PM 2 59 BOARD OF APPEALS NANTUCKET TOWN CLERK NANTUCKET, MASSACHUSETTS 02554 Date: September 12, 2013 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 049 -13 Owner /Applicant: Patricia Santos, Trustee of Toes -Co Nominee Trust 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 S4 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 Two Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 69 (Portion) Land Court Plan No. 26984 -8 Parcel 10 Lot 205 Certificate of Title No. 11,346 Spearhead Road (Portion 7 Arrowhead Drive) CI District* ( *Zoning Freeze for RC -2 District until October 15, 2017) DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals (Board) on Thursday, September 12, 2013, at 1:00 p.m., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of PATRICIA SANTOS, TRUSTEE of TOES -CO NOMINEE TRUST, 6 Teasdale Circle, Nantucket, Massachusetts 02554 File No. 049 -13. 2. The applicant is requesting relief by Special Permit pursuant to Nantucket Zoning By -Law §139 -30 and §139 -7A, for interior and/or exterior storage or warehousing on the locus, and to the extent required a waiver under § 139 -20 of the By -Law for off - street loading zone, and Minor Site Plan review pursuant to §139-23 of the Zoning By -law, on the locus which is a vacant lot located within the Coffin Subdivision off Arrowhead Drive and shown as Lot 205, Land Court Plan No. 26984 -8 (the "premises "). The premises lies within an area currently zoned Commercial Industrial (CI); however, the locus and the lots created by the Coffin Subdivision are subject to a "zoning freeze" under the RC -2 Zoning District which expires on October 15, 2017.* [ *The Zoning Use Chart under § 139 -7A, as amended, provides that interior or exterior storage or warehousing is a permitted use in the Cl Zoning District but requires a special permit for such use in the RC -2 Zoning District.] 3. Our decision is based upon the application and accompanying materials and representations and testimony received at the public hearing, including the presentation by the applicant, applicant's counsel, staff and professional advisers. There was no opposition, written or oral, to the application. 4. As presented to the Board, the premises is proposed to be used for interior and exterior storage of trash containers, dumpsters, and the like for applicant's rubbish removal business. The applicant is is under contract to purchase the premises from Kenneth C. Coffin, Inc., and the premises is located with the Coffin Subdivision sited off Arrowhead Drive. 5. The applicant has submitted a proposed Site Plan prepared by Michael Connolly & Associates, Inc., dated August 12, 2013, showing a proposed 30 X 30 storage building, approximately 900 sq. ft of outdoor storage of rubbish containers and dumpsters, two 9 X 20 parking spaces, and a 600 sq. ft. concrete pad, which in conjunction with the driveway, will provide adequate area for off - street loading and will facilitate entry of stored materials into the storage building. Plant screening will be placed adjacent to the outdoor storage areas, the Puking spaces and the concrete pad. The 20% open space requirement will be met. 6. The Board recognized that the intention of the developer of the Coffin Subdivision was to sell lots within the subdivision for commercial and industrial uses and, in fact, other lots in the Coffin Subdivision had been previously conveyed to persons and businesses for commercial and industrial uses. 7. The Board found that applicant's proposed use of the locus was in harmony with the general purpose and intent for commercial and industrial uses of lots within the Coffin Subdivision, and that the use of the driveway and concrete pad for loading zone purposes, coupled with the planting scheme, was not contrary to sound traffic, parking and safety considerations, and promoted the scenic integrity of the area The Coffin Subdivision is located in an area that has been re -zoned Commercial Industrial — CI Zoning District, although the Coffin Subdivision lots are currently subject to the RC -2 zoning classification "zoning freeze" that expires on October 15, 2017. The Board determined that granting a special permit for interior and/or exterior storage or warehousing as proposed, and the waiver of off - street loading zone to the extent required, and minor site plan review should be approved subject to certain conditions as follows: (a) Plant screening as shown on the Site Plan, shall be planted within six months (6) yew from the date that this Decision shall be deemed final, with all rights of appeal therefrom having expired. (b) Although relief under a special permit requires substantial satisfaction within two (2) years of issuance of the decision granting the special permit, this Decision approves a phased implementation of this permit. Construction of a building within the building envelope shown on the Site Plan, without further relief from this Board, shall be permitted provided a building permit application is submitted prior to the RC -2 "zoning freeze" expiration date of October 15, 2017. (c) The locus shall maintain a minimum of 20% of open area free from impervious surfaces as requited by §139- 16E.(1). 8. Accordingly, by unanimous vote, this Board grants relief to the applicant by Special Permit under §139 -30 and §139 -7A, §139 -20, and minor site plan review pursuant to § 139 -23 of the Zoning By -Law, approving interior and/or exterior storage or warehousing on the locus, and waiving off - street loading zone requirements to the extent necessary, the improvements to the locus as shown on the Site Plan attached hereto, in accordance with the conditions set forth in paragraph 7 herein. Dated: October. 2013 Ed rd oo)6 n McC rthy Fchael Angelastro COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. October �, 2013 On this /#?Yl day of October, before me, the undersigned Notary Public, personally appeared dbldl // � �— , who is personally known to me, who is the erson(s) whose name ) istare signed on the preceding or attached document and who acknowledged the he /she /they signed it voluntarily for its stated purpose. L4o , "h on expir L. . Naary Public It nr �pO�TH OF MA=.:.ACHVSER FM CmimisNmF Pw f0.2014 'sox x s ' C uc cc.i�zw� -o - ay �1 1v.�x c. mrn K. -e Prvmm z m r6 `iar°°�me , c �eao-mu t us x. �o. w i. mr vos xnaasrc cwcsr ro a SYa ft ?. S'/f�OfgO(fjGil oxttxsxrErRCncc n. OIDII $d Lc is9& -8 C T, 11,346 m LODW µ : 1' =10 DUE, "ns, 1? M3 - MfP.WfD [OF: P.O. " 7B9 4L5( [T u MW PROGEss1 L D 9URVL1'JRi 149 8RIWE RIM WvnUCVEI, N4 05554 (506) 1 28 -8910