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TOWN OF NANTUCKET v REIVED
BOARD OF APPEALS
NANTUCKET, MASSACHUSETf' 6A 4 Pfd 1 03
kIJUCKET TOWN CLERK
Date: February 14, 2014
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 089 -13
Owner /Applicant: BJP LLP
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 69, Parcel 309 Certificate of Title 24727
11 Arrowhead Drive Lot 170, Land Court Plan 26984 -8
Commercial Industrial (CI)
Subject to freeze as Residential Commercial - (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 BJP, LLP, c/o Brian Johnson, 37
Fairgrounds Road, Nantucket, Massachusetts 02554, File No. 089 -13.
2. Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw
Sections 139 -30 and 139 -7.A in order to construct a Contractor Shop with Light Manufacturing.
The applicant is also requesting relief from Nantucket Zoning By -Law Section 139- 20.B(2)
pursuant to Section 139 -20.0 to validate a front yard setback intrusion by the off - street loading
zone. The Locus is situated at 11 Arrowhead Drive, is shown on Nantucket Tax Assessor's Map
69 as Parcel 309, and is shown as Lot 170 on Land Court Plan No. 26984 -8. For Owner's title,
see Certificate of Title No. 24727 at the Nantucket County Registry District of the Land Court.
The Locus is zoned Commercial Industrial (Cf). However, it is currently subject to a zoning
freeze as 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 proposes to construct a 2,010 square foot Contractor
Shop on the premises, with Light Manufacturing, to be used in conjunction with a painting
contractor business. The applicant submitted a proposed site plan prepared by J. Marcklinger &
Associates Inc., dated February 12, 2014, showing the proposed building, required parking
spaces, open space, and an off - street loading zone. All dimensional requirements and the 20%
open space requirement will be met. The off - street loading zone, 19 feet in width and 38.5 feet in
length, meets the dimensional requirements pursuant to Nantucket Zoning By -Law Section 139 -
20.B(2). However, it is located adjacent to the four (4) parking spaces and in front of the
building and as such does not comply with Section 139- 20.B(3) which requires that the
dimensional requirements be exclusive of drive and maneuvering space. Furthermore, the
distance from the end of the loading zone and the front yard lot line is 4.3 feet in a zoning district
which requires a ten (10) foot front yard setback. Therefore, the Applicant requires relief
pursuant to Nantucket Zoning By -Law Section 139 -20.C.
5. The Board finds that Applicant's proposed use of the locus is in harmony with the
general purpose and intent of the By -Law for commercial uses of lots within this zoning district.
The Board determined that granting a special permit for construction of a Contractor Shop, with
Light Manufacturing, and a waiver of strict compliance with the off - street loading zone
requirement shall be approved.
6. Accordingly, by UNANIMOUS vote, this Board grants relief to the applicant by
Special Permit pursuant to Section 139 -30, Section 139 -7, and Section 139 -20.0 of the Zoning
By -Law, approving construction of a Contractor Shop, with Light Manufacturing on the
premises, and granting a waiver of requirements of Section 139 -20.B to allow a loading zone to
be sited within the front yard setback and within drive and maneuvering space subject to the
following conditions:
a. The proposed commercial building, parking, loading zone, and green space
shall be in accordance with the plan entitled, `Board of Appeals Plot Plan,
Nantucket, Ma. ", prepared by J. Marcklinger & Associates Inc., dated February
12, 2014, a reduced copy of which is attached hereto and marked as "Exhibit A."
b. The premises shall maintain a minimum of 20% of open area free from
impervious surfaces as required by Section 139 -16E(I ), in conjunction with the
use of the premises pursuant to this special permit.
c. The proposed improvements will include vegetative screening on both sides
and to the rear of the property.
d. There shall be no exterior storage
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SIGNATURE PAGE TO FOLLOW
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Assessor's Map 69, Parcel 309 Certificate of Title 24727
11 Arrowhead Drive Lot 170, Land Court Plan 26984 -8
Commercial Industrial (CI)
Subject to freeze as Residential Commercial - (RC -2)
Dated: IUOAV4 I 2014
Mark Poor
OF MASSACHUSETTS
Nantucket, ss
On the 13wt day of t'G VV4L 2014, before me, the undersigned notary public, personally
appeared FMUJO+Y i'Oo1L. , 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.
Notary Public: LYNELL D. VOLLANS
& Notary Public
My Commission �omM..".1th of Mossachusens
My Commission Expires
December 28, 2018