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HomeMy WebLinkAbout089-13 11 Arrowhead Drn z ti R C , n m � x -I t C7 y T S 3 T n 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 # ## # # # # # # # # # # # # # # # # # # # # # ## SIGNATURE PAGE TO FOLLOW LH*R/ St \ \L } ) ) ((K§ \ § /} } § } §m( § :) ~ ))(2 \ ) / k \ \) ! G K] � °�! ®! \ } /§§siw gis ° �2 K* ) @ §� r [ § \ \ * ` \§ ~f b /— ` I X44% 2 DW §§ §\ . . §\§ 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