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Home My WebLink About074-13 10 Rosemary WayFee: $300.00 2 o � 2 TOWN OF NANTUCKET fP BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION File No. Owner's name(s): Mark S. Fleming Mailing address: 34 Nixon Road, Framingham, MA 01701 Phone Number. 508 - 228 -3128 E -Mail: air@readelaw.com Applicant's name(s): Jessie M. Glidden, Trustee of the 10 Rosemary Way Nominee Trust as contract purchaser Mailing Address: c/o Glidden and Glidden, P.C. 37 Centre Street Nantucket, MA 02554 Phone Number: 508 -228 -0771 E -Mail: Jessie@gliddenandglidden.com Locus Address: 10 Rosemary Way Assessors Map /Parcel: 69/278 Land Court Plan/Plart R Plan/ -r a ah Am *geO'° File4 -.: Lot 768, LC Plan 16514 -72 Peed- Referenee /Certificate of Tide: 22,100 Zoning District: RC-2 Uses on Lot- Commercial: VACANT Residential: Number of dwellings: VACANT Date of Structure(s): VACANT n I c Building Permit Numbers: VACANT 'IJ(Sp}lu pCz `; 2013 '�IsIJI Previous Zoning Board Application Numbers: N/A State below or attach a separate addendum of specific special permits or valiance relief applying for: See attached addendum 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. SIGNATURE: Owner* SIGNATURE, ; ;;;/Adorney/Age.t1 *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 omrr_ By:_ Complete:_ Need Copies:_ Filed with Town C1etk:JJ_ Planning Bond-.—/—/— Building Dept: —/—/_ By:_ Fee deposited with Town Treasurer.-/_/_ By:_ Waiver requested_ Granted:_ /r_ Hearing notice posted with Town Clark—L/— Mailed: —J—J_ Hearing(s) held on:_/_ /_ Opened on :_/_/_ Continued m/r_ Withdmwn:r_/_ Deasion Doe By:rr_ Mader_/_ Filed w /Town Clerk: _/_ /_ Marled:—/—/_ Addendum The applicant, Jessie M. Glidden, Trustee of the 10 Rosemary Way Nominee Trust, bas entered into a Purchase and Sale Agreement with the owner of the Locus, Mark S. Fleming, for the purchase of said property contingent upon Zoning Board of Appeals approval of a Special Permit allowing a contractor's shop with interior and exterior storage on the Locus. The property, which is conforming to the intensity regulations of the Residential Commercial — 2 ("RC-2") zoning district, has approximately 12,613 +/- square feet in a zoning district that requires a minimum lot size of 5,000 square feet. The property is presently unimproved and has access off Rosemary Way, a private way. The applicant is requesting Special Permit relief to permit the following uses: a contractor's shop with three (3) garage bays on the property and interior and exterior storage and warehousing associated with these businesses. These uses — contractor's shop and interior /exterior storage and warehousing —are allowed by Special Permit in the RC -2 zoning district. The applicant intends to build a structure consisting of approximately 4,050 square feet, which is less than the maximum ground cover ratio of 50% allowed in the RC -2 zoning district. Further, the applicant will comply with the required parking (1 space for every 900 square feet of gross floor area) and with any additional parking requirements necessary for an accessory apartment or garage apartment — both of which are allowed by right in the RC -2 district — on the property. The contractor's shop and garage bays are not intended to be open to the public and will only be accessed by tenants and their guests and agents. The applicant also intends to have an office in conjunction with the contractor's shop. Said office use is allowed by right in the RC -2 zoning district and does not require relief firm the Board of Appeals. There is ample space for parking on the property as shown on the prepared site plan. Additionally, the applicant shall comply with the open space requirement in Section 139- 16.E., which requires that at least 20% of the lot be free from impervious surfaces. The applicant is also requesting Minor Site Plan Review pursuant to Nantucket Zoning Bylaw Section 139- 23.E.(2). Town and County of Nantucket October 15, 2013 / 2 wT 69 16 980 / 1 a / n 6Bn 6B�'''9ltt AN a aua�, 16 ,k ben 8Re � • _49'109_ : �'� � � 9]P � a i 89 6 ri u.,e' did f' B92I8` 6s t -844]6 a I� - i v 6825 71 6988 43J0 9t2 I j 69869 -19'1 41 64 0949 .4. �644t/ 6 11 �'-+( 9 fits F R l2 694 tB9� t � 49 j ' �2 6s se I i p 9p g9y22 95e i / ��6431. ♦ q � � ( 4 �f a y ! 915 6885 ! �� \ 69AY 6951 1 j, 6991 L ( 6950 / x.61 >4 69166} fu'�ti._M 692]1 11 272 V n MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT mo T., makes m dams atd no- awned expeswd or ImplW. oonmminB NB velNity o, saurecy of Ne GIS data prNeatid on this Blep. ftR k updated GBNmter. 2012 z I" 4P n F6' z ]8l F3 II � TS N X75. �,�N�Na � °4y �3 }'• N a a o rI0 4 t G2 ^ ;a N 2N W E om 99 ° URI �6 Mal LSGW I 3ZCx.bt �3 Z1lbHdSb m$4S� ¢@gg L`\Ne0V0`� �bli`J ��_ aQp ®�ZWag 5uz ed_ Sad als U 00 s' � g0 (n F R @y hgg NM ° c d O C .. 9 ��4ddeyy � °6 �f! z m a u g5 TOWN OF NANTUCKET BOARD OF APPEALS z NANTUCKET, MASSACHUSETTS 923P4 m N m � o � y rn Date: December 17 ;' <2M m co To: Parties in Interest and Others concerned with the cVecision of The BOARD OF APPEALS in the Application of the following: Application No 074 -13 Owner /Applicant Mark S. Fleming, as Owner, S Jessie M. Glidden, as Trustee of 10 Rosemary Way Nominee Trust as Applicant (contract purchaser) 'k 17GEAf6 NOIi Gd12.P.ELT" /MOL /C4NT IVA"j, %his eha. ?$e }ht 10 D.ry AE2i043 WHI" gfulkTWiiH Fll./N4 D/N Enclosed is the Decision of the BOARD OF APPEALS which has this Mu W. 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. rt _2�-_ �L Eleanor W. Antonietti, Zoning Administrator 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- 325 -7587. NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 68, Parcel 278 10 Rosemary Way Lot 768, L.C. Plan No. 16515 -72 Residential Commercial — 2 (RC -2) Certificate of Title No. 22100 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday November 14, 2013, at 1:00 P.M., the Board made the following decision on the application of MARK S. FLEMING as Owner; JESSIE M. GLIDDEN, TRUSTEE OF THE 10 ROSEMARY WAY NOMINEE TRUST as Applicant, c/o Glidden & Glidden, P.C., 37 Centre Street, PO Box 1079, Nantucket, Massachusetts 02554, File No. 074 -13: 2. Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139 -30 (Special Permits) in order to construct and operate a three -bay garage structure which will contain three (3) contractor shops, each with its own office space incidental thereto. The Locus is situated at 10 Rosemary Way, is shown on Nantucket Tax Assessor's Map 69 as Parcel 278, and is shown as Lot 768 on Land Court Plan No. 16514 -72. For Owner's title, see Certificate of Title No. 22,100 at the Nantucket County Registry District of the Land Court. The Locus 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 J. Glidden represented the applicant. Attorney Glidden explained to the Board that the applicant, Jessie M. Glidden, Trustee of the 10 Rosemary Way Nominee Trust, has entered into a Purchase and Sale Agreement with the owner of the Locus, Mark S. Fleming, for the purchase of said property. The property, which is conforming as to the intensity regulations of the Residential Commercial — 2 ( "RC -2 ") zoning district, has approximately 12,613 +/- square feet in a zoning district that requires a minimum lot size of 5,000 square feet. The property is presently unimproved and bas access off Rosemary Way, a private way. The applicant is requesting Special Permit relief to permit the following uses: a contractor's shop with three (3) garage bays on the property and interior and exterior storage and warehousing associated with these businesses. These uses — contractor's shop and interior /exterior storage and warehousing — are allowed by Special Permit in the RC -2 zoning district. The applicant intends to construct a structure of approximately 4,050 square feet, which is less than the maximum ground cover ratio of 50% allowed in the RC -2 zoning district. The location of said structure, parking spaces, loading zone, and green space are shown on the plan entitled, "Site Plan for Z.B.A Application," prepared by Blackwell and Associates, Inc., dated October 21, 2013 and further revised November 22, 2013, attached hereto as "Exhibit A." The applicant is also requesting Minor Site Plan Review pursuant to Nantucket Zoning Bylaw Section 139- 23.E.(2). 5. After a discussion with the Board, the Board expressed concerns regarding the exterior storage and green space. Counsel for the applicant responded to these concerns and explained to the Board that there will be no on -site manufacturing and there will be no exterior storage as space is limited on the site because of the configuration of the building. The applicant also intends to build an apartment dwelling unit on the second floor which is allowed by right in the Zoning Bylaw. 6. Therefore, the Board finds that Special Permit relief as requested would be in harmony with the spirit and intent of the zoning by- law as such a use is appropriate in the RC -2 zoning district and because the requisite parking, loading, and green space requirements have been met. 7. Accordingly, by a UNANIMOUS vote, the Board of Appeals granted Special Permit relief to construct and operate a contractor's shop on the Locus subject to the following conditions: a. There shall be no more than three (3) contractor's shops, each with an attendant office, on the Locus. b. There shall be no more than one (1) residential unit on site, construction of which shall be allowed by right and shall not require a modification to this permit. c. There shall be no exterior storage on the Locus. d. The parking, screening, loading zone, and green space shall be in accordance with the plan entitled, "Site Plan For Z.B.A. Application," prepared by Blackwell & Associates, Inc., dated October 21, 2013 and revised November 22, 2013, attached hereto as "Exhibit A." e. That this decision constitutes minor site plan review and approval pursuant to Nantucket Zoning Bylaw Section 139- 23.E.(2). SIGNATURE PAGE TO FOLLOW Assessor's Map 68, Parcel 278 10 Rosemary Way Lot 768, L.C. Plan No. 16515 -72 Residential Commercial — 2 (RC -2) Certificate of Title No. 22100 Dated: 12013 Nantucket, ss COMMONWEALTH OF MASSACHUSETTS On the IT day of N UAA W 2013, before me, the undersigned notary public, personally appeared 14'54— 660;C.I "U , one of the above -named members of the Zoning Board of Nantucket, Massachusetts, personally known to me to be the person whose name is signed on the preceding document, and acknowledged that he signed the foregoing instrument voluntarily for the purposes therein expressed. �y v Notary blic: .,, �; , My Commispj on Ex1fi>i1 j p,;{i LANS �j'/J'W Cmn I Notary Public 11 momvealth of Ablcch.,.as My Commission Expires ')*--be, 28, 2018 3 o I O E ry � a aam ��o a 0� Fa' zao� u IX Oc a� N N ig ,F b Ll �a� Gwws ap /�J 6W 3ry�Zr�NlWO)`� 131 bd�17b1 W 0 d_ N D vfl ) ux Own S Of Of 't a- n u N GCN Sd zo�rn of USNq ¢E m F2 3� 22Ei3 I $zi 03SOdoad ce.4 3�� 5 n NN 6U� rc 6W 3ry�Zr�NlWO)`� 131 bd�17b1 W 0 d_ N D vfl ) ux Own S Of Of 't a- n 03SOdoad ce.4 3�� 5 n NN 6U� e� 6W \ O� S cea y2� o Vie: 2 LL Mi` e_ is Y bNn egg �¢° iNV oNpa �eyo 6ma 3r3 °�} N J¢3 j�n9�nN U�io avz °- eLL66 9 Sb �Y s s ggg 73 $ ci I - �� m r o C - o a N6a - u0 z° u A m a u z