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Home My WebLink About092-13 10 Salros RoadF \vVN ly NOV 0 5 2013 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 0255 z APPLICATION m rn g 3 0 z Fee: $300.00 File It`F'o. m p t-, Owner's name(s): Corbie Ack, LLC F Mailing address—c/o Reade, Gullicksen, Hanley, Gifford & Cohen, LLP PO Box 2669, Nantucket, MA 02584 Phone Number:_(508)228 -3128 E -Mail: tnh @readelaw.com Applicant's name(s):_Corbie Ack, LLC Mailing Address: as above_ Phone Number: as above E -Maik as above Locus Address: 10 Salros Road Assessor's Map /Parcel: 67 -107 Plan Book & Page: Lot 6, Plan Book 22, Page 63 Deed Reference: Book 1400, Page 139 Zoning District RC -2 Uses on Lot- Commercial: None_x_ Yes (describe) Residentiak Number of dwellings none_ Duplex Apartments Date of Structure(s): all pre -date 7/72 or Building Permit Numbers: 524-12 Previous Zoning Board Application Numbers: 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: Special Permit pursuant to §139 -7 and 139 -30 of the Zoning by -law to allow for the use of the Premises as a landscaping contractor shop, with interior and exterior storage of landscaping materials. Minor Site Plan Review pursuant to 5139 -23 of the Zoning by -law. 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. Cob' e Ack LLC By: SIGNATURE: 1 Owner* 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 C1erk:JJ_ Planning Board:_/J_ Building Dept:–/–/– By:_ Fee deposited with Town TreasurenJ_/_ By_ Waiver requested:_ Granted. _ /__ /_ Hearing notice posted with Town C1erk:J_/_ Mailed:—/—/— I&M_ / —/_ &_/_ /_ Hearing(s) held on:—/—/— Opened on ._/_/_ Continued to:_/_/_ Withdrawn:_/_/_ Decision Due By:_/__ /- Made:_/_/_ Filed w /Town Clerk.—/—/— Mailed:—/ —/_ 2 Fairgrounds Road Nantucket Massachusetts 02554 508- 228 -7215 telephone 508-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 ADDENDUM TO THE APPLICATION —10 Salros Road The 25' foot flared apron is necessary pursuant to Zoning Bylaw Section 139- 23.J(2)(c). Curb cuts shall be limited to the minimum width necessary for safe entering and exiting. The Applicant and the surveyor determined that the 25' wide apron is necessary, because vehicles exiting the parking area will have to negotiate two 90- degree tums and the tightness of the turns (dictated by the rectangular shape of the lot) requires more lane width. It is likely some of the vehicles accessing the property will be full sized pick -up trucks, as well as vehicles with trailers hitched to them. Therefore, a wider apron would facilitate their turns, as well as maintain integrity of the roadway edges. Salons Rd is a dead -end street and #10 is the last of two lots, so the visibility of a 25' wide apron is quite limited. ° . | ]// teal+ ! | , §d . � �- � - _� �| |k! !\ t � ! «� PTA Him S�! - -� \ §k» . } k ! _, 9� d TOWN OF NANTUCKET Coi'Y BOARD OF APPEALS SNA- TTUCKET, MASSACHUSETTS 02554 U S � lL N LJ U C Date: December 17, 2013 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 092 -13 Owner /Applicant: Corbie ACE, LLC 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. (/ - 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. ZONING BOARD OF APPEALS 2 FAIRGROUNDS ROAD NANTUCKET, MASSACHUSETTS 02554 Assessor's Map 67, Parcel 107 10 Salros Road Deed Book 1400, Page 139 Lot 6, Plan Book 22, Page 63 RC -2 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals (Board) on Thursday, December 12, 2013, at 1:00 p.m., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of CORBIE ACK, LLC, c/o Reade, Gullicksen, Hanley, Gifford & Cohen, LLP, PO Box 2669, Nantucket, Massachusetts 02584, File No. 092 -13. 2. The applicant is requesting relief by Special Permit pursuant to Nantucket Zoning By -Law §139 -30 and §139 -7 (Use chart), to use the premises as a contractor's shop, with interior and/or exterior storage on the premises, and Minor Site Plan review pursuant to §139-23 of the Zoning By -law. The Locus is situated at 10 Salros Road, is shown on Nantucket Tax Assessor's Map 67 as Parcel 107, and is shown as Lot 6 at Plan Book 22, Page 63. For Owner's title, see Book 1400 Page 139 at the Nantucket County Registry District. The Locus is zoned Residential Commercial — 2 and is in the Public Wellhead Recharge overlay 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, and a certificate of Water Quality Compliance from the Wannacomet Water Company. Two neighbors filed letters in support of the project; no opposition to the application was presented. 4. As presented to the Board, the applicant proposes to construct a 2,340 square foot contractor's shop on the premises, with interior and exterior storage or warehousing, to be used in conjunction with a landscaping business. The applicant submitted a proposed site plan prepared by Blackwell & Associates, Inc., dated November 26, 2013, showing the proposed building, required parking spaces, and loading bay. A twenty -five foot wide driveway apron has been provided so as to adequately accommodate landscaping trucks and trailers accessing the premises. Screening will be provided through a combination of plantings, existing fencing at the rear of the lot, and new fencing as shown on the plan. All dimensional requirements and the 20% open space requirement will be met. A water quality compliance certificate has been issued by the municipal water company, stating that the project meets the water quality compliance standards under the zoning by -law. 5. The Board finds that Applicant's proposed use of the locus is in harmony with the general purpose and intent for commercial uses of lots within this zoning district. The Board determined that granting a special permit for construction of the contractor's shop, and interior and/or exterior storage as proposed, and mirror site plan review should be approved subject to the following conditions: a. The proposed improvements, parking, vegetative screening with a minimum height of six feet, loading zone, and green space shall be in accordance with the plan entitled, "Minor Site Plan Review in Nantucket, Mass.," prepared by Blackwell & Associates, Inc., dated November 26, 2013 and attached hereto as "Exhibit A." b. The premises shall maintain a minimum of 20% of open area free from impervious surfaces as required by §139- 16E(1), in conjunction with the use of the premises pursuant to this special permit. c. That this decision constitutes minor site plan review and approval pursuant to Nantucket Zoning Bylaw Section 139- 23.E.(2). 6. Accordingly, by UNANIMOUS vote, this Board grants relief to the applicant by Special Permit under § 139 -30 and §139 -7, and minor site plan review pursuant to § 139 -23 of the Zoning By -Law, approving construction of a contractors shop, with interior and/or exterior storage or warehousing on the locus, in accordance with the conditions set forth in paragraph 5 herein. SIGNATURE PAGE TO FOLLOW Assessor's Map 67, Parcel 107 10 Salros Road Deed Book 1400, Page 139 Lot 6, Plan Book 22, Page 63 RC -2 Dated: , 2013 Lisa Botticelli () Mic ' ara Mark Poor COMMONWEALTH OF MASSACHUSETTS Nantucket, ss On the qday� of , 2013, before me, the undersigned notary public, personally appeared EG t U pl-ri, 'W o _ , 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. KAREN L. E. BMDFORO' Notary Pub'c cOUMOawrun, or mAS;n�rus - myc °A Ev ..; My Commission Expires: - A r � - � k| • � �• kj a4 kI w, 1 "SE % ��V4 � TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 MEMORANDUM RECEIVED 29 ii iialVvi \��1 V iii CL'_ Date: December 15, 2014 To: Town Clerk From: Eleanor Weller Antonietti, Zoning Administrator Re: Zoning Board Decision #092 -13 — MINOR TECHNICAL AMENDMENT The above referenced ZBA Decision regarding 10 Salros Road, filed with the Town Clerk on December 24, 2013, requires substitution of a revised "Exhibit A" to reflect a Minor Technical Amendment to the Site Plan filed therewith. The original decision, Zoning Board of Appeals File No. 092 -13, issued to Corbie ACK, LLC and dated December 17, 2013, on file with the Nantucket Registry of Deeds as Book 1420, Page 59, remains in full force and effect. This minor modification will neither effect the content of the relief granted nor the completed appeal period. Please file this document with the existing Decision. Thank you. Eleanor W. Antonietti, Zoning Administrator COMMONWEALTH OF MASSACHUSETTS Nantucket, ss On the 15f'h day of D Q&tMbj9_ , 2014, before me, the undersigned notary public, personally appeared Eft Ct lid u/ • A11+OV\ i C*; , the above -named Zoning Administrator of Nantucket, Massachusetts, personally known to me to be the person whose name is signed on the preceding document, and acknowledged that she signed the foregoing instrument voluntarily for the purposes therein expressed. Notary ublic: LYNELL D. VOLLANS My Commission es: Notary Public Cora nonwealth of Massachusetts My Comwission Tres 2 Fairgro s lto mber28�11 tucket 508 - 228 -7215 telephone Massachusetts 02554 508 - 228 -7298 facsimile NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor Map 67, Parcel 107 Book 1400, Page 139 10 Salros Road Lot 6 Residential Commercial 2 (RC -2) Plan Book 22, Page 63 MINOR TECHNICAL AMENDMENT TO SITE PLAN: 1. At a meeting of the Nantucket Zoning Board of Appeals, on Thursday, August 14, 2014, at 1:00 P.M., Four Fairgrounds Road, Nantucket, Massachusetts, the Board made the following finding regarding a minor modification to a previously granted Special Permit issued to CORBIE ACK, LLC, c/o Reade, Gullicksen, Hanley, Gifford & Cohen, LLP, PO Box 2669, Nantucket, Massachusetts 02584, File No. 092 -13: 2. The Applicant is requesting a Minor Technical Amendment to the Site Plan attached to the previously issued Special Permit by substituting a revised as -built site plan showing the as- built driveway in the location which was first proposed with the submission of the initial application. Zoning Board of Appeals Decision 092 -13, dated December 17, 2013, on file with the Nantucket Registry of Deeds as Book 1420, Page 59 (the "2013 Decision") granted relief pursuant to Nantucket Zoning Bylaw Section 139 -7 (Use chart), allowing the construction of a contractors shop, with interior and /or exterior storage or warehousing. 3. Our finding is based upon the application and accompanying materials, representations, and testimony received at our public meeting. There was no Planning Board recommendation on the basis that no matters of planning concern were presented. This matter did not require a Pubilc Hearing as it may be considered a Minor Technical Amendment to the Site Plan. 4. Applicant Neil Patterson explained to the Board that he is seeking to modify the 2013 Decision by substituting the as -built site plan entitled "Building Location Plan in Nantucket, MA. ", prepared by Blackwell & Associates, Inc. and dated August 12, 2014" (the "2014 As- Built"), for the plan entitled "Minor Site Plan Review ", prepared by Blackwell & Associates, Inc., dated November 26, 2013 (the "2013 Site Plan"), attached as "Exhibit A" to the 2013 Decision. 2 5. Therefore, after a discussion with the Applicant, the Board finds that the substitution of the 2014 As -Built for the 2013 Site Plan would be consistent with the decision. Both the approved and the installed driveway locations are allowed as a matter of right. No waivers for the driveway were granted initially and no waivers are needed for driveways as installed. The difference in the locations of the approved and the installed driveway appears to be minor in terms of the potential impact on any abutting properties. The neighbor most likely to be impacted by the siting of the driveway has said he prefers the existing location. There is no potential traffic concern for abutters as the property is at the end of a cul de sac. There was no Public testimony of any kind before or during the hearing. Therefore, this Minor Technical Amendment to the Site Plan is in harmony with the general purposes and intent of the By -law and would not be substantially more detrimental to the neighborhood than the relief previous granted in the 2013 Decision, particularly given the de minimis nature of the change 6. Accordingly, by a UNANIMOUS vote, pursuant to By -Law Section 139 -33.A, the Board of Appeals hereby grants the Minor Technical Amendment to the Site Plan by allowing the substitution of the 2014 As -Built for the 2013 Site Plan upon the following conditions: (a) The project shall be in substantial conformity with the 2014 As- Built, a reduced copy of which is attached hereto as Exhibit A. (b) Except as hereby modified the relief granted by this Board in the 2013 Decision remains in full force and effect. SIGNATURE PAGE TO FOLLOW 3 Assessor Map 67, Parcel 107 10 Salros Road Residential Commercial 2 (RC -2) Dated: 9tCf M* 11 ,2014 County of Nantucket, ss Book 1400, Page 139 Lot 6 Plan Book 22, Page 63 A� M k Poor COMMONWEALTH OF MASSACHUSETTS On the I I " day of DIQrqhjpk-, 2014, before me, the undersigned notary public, personally appeared ed V JU6 -not -e— , one of the above -named members of the Zoning Board of Appeals 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. Offici Signature and Seal of Notary Public My commission expires: LYNELL D. 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