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Home My WebLink About045-13 3 Perry LaneRECEIVED TOWN OF NANTUCKET 1013 SEP 9 PPI 9 53 BOARD OF APPEALS NANTUCK�T TO 1 CLERK NANTUCKET, MA 02554 llff��Il 11 VW,' APPLICATION fAi 0 Fee: $300.00 ` / File No.�� Owner s naate(s): l n c Q Cp %1 `l Mailing address: 7 0 l' 2 1( t `n )A n t 1 -t Phone Nmmber: tin9) -64 Qj-?igq)a )`Mail: p.�1C�1t �t i-nf fl)fY1l'G S {•'(�41' Applicant's name(s): 9 n f1 P��''f"" '>JnA 1Lam nu n Mailing Address: _Fj —_LL5 r, t f) P T'),- mSSt -i I Phone Number: 5C )IF, - 6LI rU 3q 'b a E -Mail iz .V OC1,CU MPQ V) 0- OLM\06 4 Locus Address: 7s Y)Prr n J? Assessor's Map /Pazcel, Land Court Plan /Plan ook & Page Plan File No.: Deed Reference /Certificate of Title: 1 ;) 4 3 -'SU Zoning District Uses on Lot- Commercial: None_ Yes (describe) Residential: Number of dwellings Duplex" Date of Structure(s): all pre -date 7/72 or Building Permit Numbers: Previous Zoning Board Application Apaornents 2 Fairgrounds Road Nantucket Massachusetts 02554 508- 228 -7215 telephone 508- 228 -7298 fac a itaile State below or attach a separate addendum of specific special permits or variance relief applying for. 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. owner* Attome Agent* *If an 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:_ /,_ Planning Board:JJ_ 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 /—/— Mailed: —/_ /_ I&M_/_ /_ &_ /_ /_ Hearing(s) held on: —/_/_ Opened on :_/_/_ Continued to: _/_/_ Withdrawn:_/_ /_ Decision Due By:_/_/_ Made:_ /_/_ Filed w /Town Clerk:_ / _/_ Mailed:_ / _/_ 2 Fairgrounds Road Nantucket Massachusetts 02554 508- 228 -7215 telephone 508 - 228 -7298 facsimile Island Surveyors, LLC Edward F. King Jr., PLS Post Office Box 1197 Nantucket, MA 02554 (508)- 228 -2720 e -mail: acksurvey(dhotmail.com K -362 July 24, 2013 Mrs. Leslie Woodson Snell Deputy Director of Planning - Interim ZBA Administrator 2 Fairgrounds Road Nantucket, Ma 02554 Re: Special Permit at 3 Perry Lane, Nantucket, Mass Dear Leslie, Herewith I am submitting a Special Permit application form; the Proposed Site Plan; an abutter's list provided by the Board of Assessors and the proper checks for filing fees for the review of a proposed 1 story, 6 bay Storage/Warehousing building with a gravel drive. The 6 bay Storage /Warehousing building will be used as Contractor's Shop, Landscape Contractor's Shop, or Boat Storage Shop with each bay having an office space as an ancillary use. I respectfully request the following waivers from two items specified in "Code of Nantucket" section 139 -20A: no Loading Zone and Open Space at 13 %. Thank you for your consideration. If you have any questions or require more information please call at any time. Sincerely, Edward F. King Jr., P.LS. Enclosure EFK � Z R -114 JIP / ( :_ _ •, % a, + q \\ /�� -� 2.z RMD \ |E& ,� pIRUry� a RECEIVED 6 TOWN OF NANTUCKET 7013 CCT 17 PM 2 58 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: 045 -13 Owner /Applicant: Joseph Armstrong as Owner and Robert Von Kampen 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. \77 \rvV6 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 903 Book 1242, Page 54 3 Perry Lane Plan Book No. 26 Page 12, Lot 7 Residential Commercial - 2 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, September 12, 2013, at 12:00 P.M., 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of JOSEPH ARMSTRONG AS OWNER; ROBERT VON KAMPEN AS APPLICANT, 84 Skyline Drive, Nantucket, Massachusetts, 02554, File No. 045 -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 -7A in order to allow the use of a new multi -bay structure as a contractor's shop, landscape contractor's shop, boat storage, and interior storage and warehousing. The Applicant is also requesting Special Permit relief from Section 139 -16 to reduce the open space requirement and from Section 139 -20 to waive the off- street loading requirement. To the extent necessary, the Applicant seeks Special Permit relief from section 139 -18 to reduce or waive the parking requirement. The Locus is situated at 3 Perry Lane, Assessor's Map 67, Parcel 903, Lot 7 in Plan Book 26 Page 12, and evidence of owner's title is recorded in Book 1242, Page 54 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. Robert Von Kampen represented himself at the hearing. The Applicant reviewed the proposal with the Board and discussed the requested open space, off - street loading, and parking 1 waivers. The Applicant represented to the Board that the commercial garage bays will be for his personal use and other low impact "dead" storage type uses. 5. Therefore, after a discussion with the Applicant, the Board finds that the proposed uses are consistent with the mixed use character of the neighborhood and that the waiver from the dimensional requirement for a dedicated off - street loading zone is appropriate for this site, the proposed uses, and the scale of this project. The Board finds that waiving the off- street loading zone requirement is in harmony with the purpose and intent of the Zoning Bylaw, that the provision of an off - street loading zone will have a significant adverse effect upon the historic integrity of the neighborhood, and that granting the requested relief will not be contrary to sound traffic, parking or safety considerations. 6. Accordingly, by a UNANIMOUS vote of the sitting Board: Special permit relief pursuant to section 139 -7A of the Zoning Bylaw for the use of a new multi -bay structure as a contractor's shop, landscape contractor's shop, boat storage, and interior storage and warehousing is granted; Special permit relief pursuant to section 139 -20 of the Zoning Bylaw to waive the requirement for a loading . zone, as discussed in paragraph 5 above, is granted. Special permit relief pursuant to section 139 -16 of the Zoning Bylaw to reduce the open space requirement from 208 to 138 is not granted; Special permit relief pursuant to section 139 -18 of the Zoning Bylaw for a waiver of the off - street parking requirements is not necessary. Four (9) parking spaces (1/900 square feet of gross floor area) are required and are shown on the approved site plan. This special permit shall be subject to the following conditions: a. That the following uses are permitted on the site: contractor's shop, landscape contractor, boat storage, and interior storage and warehousing; 2 b. That there shall be no exterior storage of any kind on the site; c. That the structure shall be limited to six (6) garage bays. The creation of any additional garage bays shall require a modification of this special permit; d. That the open space requirement of 20% shall be maintained as shown on the attached plan; e. That a vegetated buffer consisting of Leyland Cypress shall be installed along the northern property line. The plantings shall be installed no more than six (6) feet apart and shall be maintained and replaced with like -kind plantings as necessary; f. That a vegetated natural buffer to the rear of the structure shall be maintained; g. That a fence along the southern property line providing screening between the subject site and the abutting property to the south shall be maintained as shown on the attached plan. In the future, maintenance could include relocation of a fence onto the subject site; h. That a split rail fence shall be installed and maintained along the frontage of the site from the northern property line to the driveway opening, as shown on the attached plan; i. That all site improvements shall be installed and maintained as shown on the plan entitled, "Proposed Site Plan of Land in Nantucket, Mass," prepared by Island Surveyors, LLC, dated July 25, 2013, revised through October 17, 2013, a copy of which is attached hereto as Exhibit A. SIGNATURE PAGE TO FOLLOW 3 Dated: O(--fO6Pl' i% ,2013 COMMONWEALTH OF MASSACHU S ETTS Nantucket, ss. ✓L.�aW �b 2013 On this _1(t'*' day ofl)MW, 2013, before me, the undersigned Notary Public, personally appeared Ed-W �I,YQ%. %DO/C , 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 /she signed it voluntarily for its stated purpose. 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