HomeMy WebLinkAbout007-14 86 1/2 Somerset RoadRECEIVED
TOWN OF NANTUCKET 31 FIB 12 29
BOARD OF APPEALS ''`'ET Town CLERI;
NANTUCKET, MA 02554 P PAi D P
APPLICATION DEC Z52013 A
erg. ✓��1ay ----° ---
Fee: $300.00 File No. �T
Owner's name(s): MARK P. WH LIAMS & TAMMY LYNNE WH-MMS
Mailing address: PO Boa 3070, Nantucket. MA 02584
Phone Number. 508 -221 - 6433 E -Mail:
Applicant's narne(s): Bryan Diggle Contract Purchaser
Mailing Address: PO Box 2942. Nantucket MA 02584
Phone Number. 508 -901 -5599 E-Mail: Atromev Midrael Wilson For Di»Ple.
miw@miwilsonlaw.com
Locus Address: 86 'h Somerset Road Assessor's Map /Parcel• 66/404
Land Court Plan /Play Book & Page/Plan File No.: Lot 198 LC Plan 89933-4
Deed Reference /Cerdficnte of Title: 21762 Zoning District RC -2
Uses on Lot- Commercial• None_ Yes (describe) Contractor shop. landscape
contractor l ght manufacmdng, inteaor storage and /or warehousing
Residential- Number of dwellngc Duplex Apartments
Date of Structure(s): all pre-date 7/72 or 1994
Building Permit Numbers:
Previous Zoning Board Application Numbers: On primacy lot prior to subdivision - ZBA
No. 010 -94. Planning Board No. 09 -06.15 - 10.05 -12
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 of variance 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: --Ity` Owner*
Applicant /Attorney /Agent*
*If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency.
OFFICE USE ONLY
Application received omJ_/_ By:_ Complete:_ Need Copies:_
Filed with Town Clerk —/—/_ Planning Board —/—/_ Building Dept —/—/— By:_
Fee deposited with Town Treasurer.—/—/_ By:_ Waiver requested:_
Grated:—/ —/_ Hearing notice posted with Town Clerk —/-/_ Mailed: —/—/_
I&M —/—/_ &_/_/_ Hea ing(s) held om_J_/_ Opened on:—/—/—
Continued m:��_ Withdrawn: / _/_ Decision Due By-..JJ_
Made: —/—J_ Filed w /Town Clerk—/—/_ Mailed: —/_ /_
Fairgrounds Road Nantucket Massachusetts 02554
508- 228.7215 telephone 508- 228 -7298 facsimile
ADDENDUM
Applicant (Diggle) is the Contract Purchaser of the conforming subject Lot 198 (about 5,900 SF)
that is currently owned by Mark and Tammy Williams. The lot, one of two lots held in common
ownership, is subject to Major Commercial Development Special Permits ( "MCD ") that were
issued by the Nantucket Planning Board in Decision Nos. 09 -06, 15 -10 and 05 -12 for specific
commercial uses that contain areas in excess of 4,000 SF of interior space.
Once subject Lot 198 ( "Lot ") is transferred out of Williams' control to the Applicant, with the
closing scheduled for January 2014, the Lot would no longer be covered by the Williams MCD
and would therefore be in need of its own Special Permit in order for Applicant to continue to
use the property as previously permitted under the MCD. Since the about 35' x 42' commercial
structure is less than the 4,000 SF threshold for MCD, the Lot would now be under the
jurisdiction of the Zoning Board of Appeals ( "ZBA ") and in need of its own Special Permit relief.
The pre- subdivided lot was benefitted initially by a Special Permit granted by the ZBA in
Decision No. 010 -94 prior to the lot becoming subject to an MCD. The ZBA allowed the pre-
existing, nonconforming commercial storage barn to be removed and a new about 3,200 SF
storage and warehousing barn to be constructed that would be conforming in all respects. The
use at the time was to be for the storage and warehousing of boats /vehicles. No outside
storage was proposed.
In May 2006, Williams sought an MCD Special Permit from the Planning Board to expand the
commercial storage and warehousing square footage. A portion of the property was to be
leased to an abutting landscape contractor. MCD Special Permit No. 09 -06 was issued granting
certain waivers of MCD requirements and pursuant to certain conditions. This expansion took
the property out of the jurisdiction of the ZBA rendering the ZBA Special Permit moot.
In May 2010, Williams sought and was granted a Modification of the MCD Special Permit in the
Decision in No. 15-10 in order to remove the leased portion and subdivide the lot into two
conforming lots that would both contain commercial uses. New Lot 198 continued to be leased
to the abutter. A new about 60' x 90' commercial building was permitted to be constructed on
Williams Lot 197, which also currently contains the Williams single - family dwelling and a
smaller about 42' x 30' structure used for personal (noncommercial) storage. Subject Lot 198
currently contains an about 35'x 42' commercial storage and warehousing building.
In February 2012, Williams sought and was granted a further Modification of the MCD Special
Permit No. 09 -06 as amended in No. 15 -10 in the Decision in No. 05 -12. In the previous
Modification the subject Lot 198 was not included in the MCD. Subsequently, the Zoning
Enforcement Officer required that the Lot be included under the MCD and it would contain the
same uses as a contractor shop, landscape contractor shop, light manufacturing and interior
storage and /or warehousing.
Due to the fact that subject Lot 198 will no longer have the benefit of the MCD Special Permits
as noted above, the Applicant is now seeking the same Special Permit as granted by the
Planning Board to validate the existing commercial uses and waivers as stated above for subject
Lot 198 pursuant to the following Sections:
139 -7A— Use Chart for the following uses allowed by Special Permit in the RC -2 zoning
district: contractor shop, landscape contractor shop, light manufacturing,
interior /exterior storage and warehousing;
139 -18— Off- Street Parking Requirements to the extent necessary, with two spaces
required;
139 -19 — Screening of Parking Areas to the extent necessary; Driveways; Lighting, Lot
197 and Lot 198 will be sharing a common driveway easement from Somerset Road
that will service the commercial structures for both lots as required by the Planning
Board; and
139 -20 — Off - Street Loading Facilities, the lot is already developed and there would be
sufficient area to provide a place to unload and load the equipment.
The ZBA could find that the uses proposed and waivers sought comply with the general purpose
and intent of the Zoning By -law. The site is located on a private road which is maintained by the
property owners. This property is now encircled by other commercial properties, and
immediately proximate to a large landscape contractor to the southwest and the Williams Lot
197 with commercial uses to the northeast. Conveyance of the property out of common
ownership with the existing uses to be substantially unchanged would not create an increase in
the impact on the neighborhood. The structure on subject Lot 198 has been used for several
years by the abutting landscape contractor and the Applicant also is a landscape contractor. A
grant of relief would not materially affect the intent or findings in the Planning Board Decisions.
The common driveway would not be contrary to the sound traffic or safety considerations and
does not negatively impact the scenic or historic integrity of the area. In all other respects, the
property would be conforming.
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117413
APPROVAL OF A SPECIAL PERMIT FOR A MAJOR COMMERCIAL DEVELOPMENT
Mark P. and Tammy Lynne Williams
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Nantucket
Planning Board
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APPROVAL OF A SPECIAL PERMIT FOR A MAJOR COMMERCIAL DEVELOPMENT
Mark P. and Tammy Lynne Williams
Special Permit #9-06
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Owner /Applicant Mark P- and Tammy Lynne Williams
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86 Somerset Road
Land Count Plan 28933-S at Certificate 217621.
Tax Assessom Map 66 Parcel 404
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May 08, 2006
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PROPOSAL
The Nantucket Planting Board at its April 10, 7906 meeting considered the application of Mark P. and Tammy Lynx
Williams for a Major Commercial Development (MCD) Special Permit pursuant to section 139 -11 and section 139 -
9B(2)(b) of the Nantucket Zoning Bylaw. The plans were also considered pursuant to the following sections of the
Nantucket Zoning Bylaw
139-9 Residential Commenal-2 (RC -2) zoning distrct;
• 139- 180ffStieet Parking Requiremmts;
139 -19 Sane itsg of Parking Areas; Oweways; lighting
• 139 -20 Off-Street Loading Facilities;
• 139 -23 Major Site Plan Review,,
The sim is located in the RC -2 zoning district, as arc all of the abutting properties. These properties are generally
command m character.
DESCRIPTION OF THE PROPOSED PROJECT
The site currently contains three (3) suucmres: one (1) is used as a s2vgk -f nily dwelling acid the othes two (2) — used
for the corumerdil storage of boats. The two (2) commettid structures total appromsatdy 5,695 square fees and store
approximately twenty -five (25) boars. No mainrevancc or servicing of the boats takes place w the site and the boon are
transported to the site by the applicant. In addition, the applicant leases approximately 8,965 square feet of the sire to an
abutting property owner for the outdoor storage of landscape o steads and equipment.
Access to the dwelling unit and the consrsessid shu rocs is from a driveway access on the subject site located off of
Somerset Road. The leased portion of the site is stressed exclusively from the abutting property.
ThaThe p
The azkuig regviremeat for the estistivg use are tdneteen (19) spares as follows:
• 1 space per 900 agnate feet for the boat storage (6)
• 1 spare per 900 square feet for die landscaping storage area (10)
• 2 spaces per dwelling cuut (21
1 East Chestnut Street Nantucket Massachusetts 02554
308.228.7233 telephone 588.228.7298 facsimile
k`rMIC]
Mark P. and Tammy Lynne Williams — Decision May 08, 2006
I spa. for each 3 peak shift employees (1)
The applicant is seeking a spend permit to waive fifteen (15) of the required spaces. Four (4) parking spaces are located
.the site .,..0 as a subsanrial driveway m for loading and the maneuvering of boats.
l4adas4jmg sad QAm Seas
The MCD requirement for open space is W16 and use applicant is providing approximately forty -seven (47) percent
open space. The existing landscaping on the site is appropriate for the scale of the development and the location of the
site.
Ddue to the location of the rite and the low intensity of the uses, a traffic report is not accessary for this project.
The site is already developed and not additional consnuceon or altering of the sire will take place, therefore engmeeeng
review is not necessary for this project.
BASIS OF THE FINDINGS
The Boards findings and decades, eef. to the following doament e
• An application to the Planning Board for a Special Permit dared March 13, 2006;
• Plan entitled ^A -Built Plot Plan in Nantucket, Massachusetts" pages 1 of I, prepared for Maur P. and
Tammy Lynne Wasson, prepared by Nantucket SuMTom, LLC. dated February 10. 2006;
• Represenumon, and testimony, received m co mection with the public heating held on April 10, 2006 and
May 08, 2006;
• Other letters and assorted documents that are on file with the Planning Board.
FINDINGS
Bond m review of this application on accordance with the Naomcket Zoning Bylaw, plans and other materials
submitted by the applicant, and testimony received at the public Imse mgr, the Planning Board finds that
• The proposal complies wish the loot bylaws of the Town of Nantucket and /or applicable provisions of the
Massachusetts General Laws;
• Public ressu nes and abutting propernes have been adequately protected by:
F. ling buffets bet. the site and su¢omdmg poopernes;
• Safety and c... emse•ce of pedestrian and vehicular movement within the she and m relation to rights-of-way
and properties in proximity will hot be significantly impacted:
• The driveway and the pealing seer for the proposed MCD currently rust, therefore there will be no
additional hapam-
• Sewage and refine disposal, drainage of surface and subsurface water is adequate;
• Off -mm" parting and loading are adequate:
• The site phis has a substantial packing m which can accommodate a loading come which moors the
standards of Zoning Bylaws section 139- 20B(2);
• Although the applicant is requesting a waiver for fifteen (15) parking spaces, the proposed uses
cuetently, most on the site and the parking m is sufficient
• Traffic and safety upon public and private public tights -of- -way have been minimized by the following
essuess:
• On -alte employee housing trducer vehicle trips to the rite;
• The water supply system is adequate,
The existing water cormuchon to the site will not need m be altered as a result of this MCD;
• The project will not place excessive demands on Town services or iofnsr rue um;:
• The site is located m a private read which is maintained the property owners;
2 of
117413
Mark P. and Tammy Lyme Williams — Decision May 08, 2006
DECISION
The planning Bused is mgmrd to trader a decision on the application based on Zoning Bylaw section 139 -11 and the
following:
a 139 -9 Residential Commercial 2 (RC-2) mo ng district;
139 -18 OffSneet Parking Requirements;
s 139 -19 Screening of P.Advg Axes; Driveways; Iaghtmg;
a 139 -20 OEStmet Loading Faahties;
a 139 -23 Major Site Plan Review,
Based m the fox going description, findings, and the above mhundcrd document; the Nantucket Planning Board
dosed the public heating on May 08, 2005 and hereby APPROVES this application based on a 4-0 vote in favor of
approval.
The Boaad's approval u conditioned upon compltmn with the "Docripti m of Proposed ProjeeP and "Fiadmgs" as set
forth in this derision, and m shown on the plane referenced herd¢. The planning loud also web forth the following
conditions:
1. That the applicant be granted special permits from the following sections of the Zoning Bylaw.
139 -111 Inclmionary Housing for Major Commercial Developmata
Waiver GRANTED — the ownerApplicaot is the only employee of the
business
139- 18B(2) Parking Regmsemeots
Waiver GRANTED — the number of spaces prodded are appropriate for
the proposal;
139 -20 Loading Zone
Viaver Granted — although there is not an seat specifically dedicated for
we as a loading zone, the parking aces has sufficient room to
aromemodne a trading zone;
139 -23 Major Site Plan Revieav
Waives, GRANTED — the aim is already developrd and the pmpwsl will
only validate an existing sae, therefore it will have a no impact on the
existing infastmcmre;
Z That the applicant shag be tespeosible fox Wading Somrnet Road foie (4) times per year The
applicator shin wntxt the planning Board after each grading of toad and shag either request an
inspection or provide proof (.e. caneeRM check or receipt) that the toad has been graded;
1. That no mom than twenty- Eve (25) boats shall be stored on the site at my time;
S. That en commercial exterior enrage of boats shag take place on the site at any time;
i. That no servicing of maintenance of boats shall take place on the site at my tine;
S. That the site shill be dosed to public;
7. That only the applicant and my employees they my have food time to time shag haul boats to the
site. Individual been owners shell be polubstd from hauling bona m the Ste;
8. That the portion of the site leased to an abutting property owner shag be prohibited from vclsicvlar
aCosa through the subject site;
R. That the portion of the ate kasd to abutting property ..hall be used only for storage of
Imdawpe material and equipment. This area shall be prohibited food any additional muctur., shall
not be open to the public, and shag be prohibited from my type of mail we;
10. That the Board reserves the right to reopen the public hearing at my time and impose additional
conditions if the Board Ends that ilia ass of the site u more mouse that the Parking can
accommodate;
3 of9
117413
139 -lij
hadusionary Housing for Majm Cotnmenial Developmeom
Waives GRANTED — the owner /applic t u the only employee
of the bnvoess
139 -1 SB(2)
Padting Roqnitesmb
Waiver GRANTED —the numb. of spaces provided ste
appropriate for the proposal;
139 -20
I °adi°g Zone
Wisv. Gmted— although these is not an at. qp fically
dcdi.ted for use. a boding zone, the parling ar. has
sufficient toom to accommodate a lading zone;
139 -93
Ma. Site Phn Review
Waiv. GRANTED — the site u aUtt dy developed sod the
psoposal vA only validztc as ezisoog sue, thetefom it wiR have a
nn hmpa oo d. mating I t(msuucto e;
117413
Matk P. and Tammy Lyme Wilkams — Decision May 08, 2006
11. That any modifications to the site layout or comtnecdal structures loured thereon shall requite a
modificat ca of this special permit and
12. That a fired as -built of all site improvements be subttdtted by the apph.t pilot m the issuance of a
Certificate of Occupancy.
RECORD OF VOTE
On May oa, 2oo6 the Planning Board voted 5 -0 to APPROVE this Major Commercial Devdopmmt Special Permit and
voted 5.0 m ENDORSE this decision and the plan entitled "As Btd t Rot Plan in Nantucket Masaachosetts" Prepared
for Mark P. and T5pey Lyme prepated by Nantvdet Surveyors, LLC, dated February 10, 2006.
G,�-
T. Vi Sylvia Hord
S I�1,s10
7 McLaughlin
•9
COMMONWEALTH OF MASSACHUSETTS
Navmdreq SS /w l D 2006
On the & day of lnaJ4f 2006, before me, the mdersignrd notary public,
pttsorutk a me of the abov na nsd member of the Planning Board
of Nantucket Massachusetts, penonaUy known m are w be the pea a nwhoee vame is signed ..the preceding
docu rmt and acknowledges) that he /she signed the foregoiag instrument voluntaely for the purposes therein
eapresud.
Notary Pvbbe
LESLIE ERIN WOODSON
Notary Public
IOIIaClWl
of Masltlmb
My Cmm.dsaion Aapim Y��7r �, • �'. a •.
Oecembar 22, v^ s��.,1. a.,._
t c:tJt;:rY T1i +l id U:tY a iL " °,YE t1AYneD A^7Fis �'' Ai7E7jtay A
TEE) CL9RNAXV T[FDINTHEEALH SUEH5 `• t '.'s ,� /t
70@PN CU3.CT� AND THAT NO APPF1sI.HAS Fffi4<
-S \4A,,hjC.kET -,PWN CLERK
AUG 2 3 aura
117413
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130731
Nantucket Planning
1 111
Cart: 217162 Doc: MBP
Raplatemd: OW2312010 02:64 PM
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MAJOR COMMERCIAL DEVELOPMENT SPECIAL PERMIT DECISION
MARK P. AND TAMMY LYNNE WILLIAMS - MODIFICATION #1
MAY 17, 2010
Planning Board File #15-10
Applicant /Owner. Mark P. and Tammy Lynne Williams
86 Somerset Road
Parcel 404 Shown on Nantucket Tax Assessors Map 66
Land Court Plan 28933 -5
PREVIOUS PLANNING BOARD DECISIONS FILED
AT THE NANTUCKET REGISTRY OF DEEDS
Planning Board Pile #09 -06, May 8, 2006, Recorded as Document No, 117413
1
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PROPOSED MODIFICATION
The Nantucket Planting Board held a public hearing on May 17, 2010 to discuss the application of Mark P. and
Tammy Lynne Williams regarding a modification to the Major Commercial Development (MCD) Special Pettit
for property located at 86 Somerset Road.
The applicant proposed the following modifications:
• Removal of the storage lease area along the southern boundary of the site;
• Division of the site into two (2) buildable lots. One lot totaling approximately 5,900 square feet will no
longer be subject to the MCD special petsni�
• Removal of a portion of the existing cot:unetuil structure adjacent to Somerset Road;
• Removal of the existing storage tent;
• Construction of a new approximately 5,400 square foot storage building;
• Construction of a new driveway, and
• Thelddition of approximately 1,070 square feet of ground cover.
To th< extent necessary, the applicant is seeking waivers from Zoning Bylaw Sections 139 -19 (driveways) and 139-
20.1 (driveway access). -
2 Fairgrounds Road • Nantucket, MA 02554 - ILO 508.228.7233 telephone • 508.228.7298 facsimile
130731
BASIS OF THE FINDINGS
The Flaunting Board's findings and decision refer to the following
• An Application for an Amendment in a Previously Granted Special Permit dated Apra 16,2010;
• A letter from Site Design Engineering, LLC. Dated April 20,2010;
• A set of plans mtided "Major Commercial Development, 86 Somerset Road, Assessor's Map 66, Parcel
404, Nantucket, Massachusetts" sheet 1 of 1, prepared by Site Design Engineering, LLC. Dated April
16, 2010;
• The May 9, 2006 decision issued by the Planning Board;
• Representation and testimony received in connection with the public hearing held on May 17, 2010.
Minutes of that meeting are on file with the Planning Board; and
• Letters and other assorted documents on file with the Planning Board.
FINDINGS
The Planning Board, at their May 17, 2010 considered this application in accordance with the previous decisions
and made the following findings:
That the proposed modifications:
2 do not materially affect the intent or findings in the previous decision;
• meet the general purpose and intent of the Zoning Bylaw; and
• decrease the on -site parking requirements for the site from 19 to 10.
That the proposed common driveway to be shared between Lots 1 and 2 is not contrary to sound traffic
or safety considerations and does not negatively impact the scenic or historic integrity of the area.
DECISION AND RECORD OF VOTE
On May 17, 2010 the Planning Board voted 5 -0 to dose the public hearing and voted 5 -0 to APPROVE this
application based on the following conditions:
That the applicant shall be granted special permits for waivers from the Eollowmg sections of the Zonng
Bylaw:
139 -19D Driveways
Special Permit Granted — to allow the construction of a common
driveway within 100 feet of an existing driveway on Lot 1
139- 20.1B(1) Driveway Access
Special Permit Granted — to allow the construction of three (3)
driveways on a single lot. Lot 1 has two (2) existing driveways. An
additional driveway, which will provide access to Lots 1 and 2, is
propos'ed-
2. That a common driveway easement shall be executed and filed with the Nantucket Registry of Deeds
prior to the sale or change in ownership of either Lot 1 or 2. A copy of the filed easement shall be
presented to the Planning Board;
3. That all conditions except numbers S and 9 of the May S. 2006 Planning Board decision shall remain in
frill force and effect; and
4. That any modifications to the site layout or commercial structures located thereon shall require a
modification of this special permit.
Wdh .. MCD Modification #1 Decision 05 -17 -10 2 of }
130731
The vote posed with the required super majority vote of the Planning Board as specified in MGL Chapter 40A,
Section 9, and hence the MCD Special Permit Modification was APPROVED.
On May 17, 2010 the Planning Board voted 5-0 to ENDORSE this
%j
decision -
r
APPROVED APPROVED vh
q,sht toward OVED J M Imghlin APPROVED
John West APPROVED
COMMONWEALTH OF MASSACHUSETTS
Nanmcker, SS 2010
On the —L day of 2010, before me, the undersigned notary public,
personally appeared ,one of the above -named members of the
Planning Board of Nam cket, Massachusetts, personally known to me to be the person whose name is
signed on the preceding document, and acknowledged that he /she signed the foregoing instrument
voluntarily for the purposes therein expressed- LESLIE EBW WOOOSON
NolatyPublic - _ -
NotA7 Public a My Commission Expires 1811
q
I CERTIFY THAT 20 DAYS HAVE ELAPSED AFTER
THE DECISION WAS FILED IN THE OFFICE OF THE ............. -
TOWN CLER4 AND THAT NOAPPEi1L W BEEN •,.r`_ 8 31 V y '� °.
FILED, PURSUANFTO GENERAL LAWS4WSECFMH : +- y?,..' " "_ ;•;.'-�
JUN E 3 2010
Wdlimns MCD Modification #1 Decuiop 05-17 -10
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138660
il�ll II
Cert: 21762 Doc: MSP
Re9tsterad: 1012412012 10:44 PM
Nantucket Planning
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MAJOR COMMERCIAL DEVELOPMENT SPECIAL. PERMIT DECISION
MARK P. AND TAMMY LYNNE WILLIAMS - MODIFICATION #2
Planning Board File #05 -12
Applicant /Owner. Mark P. and Tammy Lynne Williams
86 Somerset Road
Pateel 404 Shown on Nantucket Tax Ammon Map 66
Land Court Plan 289315
PREVIOUS PLANNING BOARD DECISIONS FILED
AT THE NANTUCKET REGISTRY OF DEEDS
Planning Board File #09 -06, May 8, 2006, Recorded m D.ment No- 117413
planning Board File #15.10, May 17, 2010, Recorded as Document No. 130731
February 13, 2012
PROPOSED MODIFICATION
The Nantucket Planting Board held a pubhc hearing on February 13, 7012 to discuss the application of Mark P.
and Tammy Lynne Williams regarding a modification to the Major Commercial Development (MCD) Spcdal
Permit for property located at 86 Somerset Road
The applicant proposed the following modifications:
To include the previously mmoved lot totally approximately 5,900 square felt in area within the MCD.
This lot will be subject to all applicable condition within the MCD special permi4
To allow the following uses, allowed by special permit in the Residential Commercial (RC -2) distract, on
Lot 2:
• Contractor shop
• Landscape contractor
• Light manufacturing
• Interior storage and /or warehousing
To allow construction of a strucmre with aground corer of approximately 2,000 square feet on Lot 2.
138650
BASIS OF THE FINDINGS
The Planning Board's findings and decision refer to the following
• An Application for an Amendment to a Previously Granted Special Permit dated January 20,2012;
• A letter from Site Design Engineering, LLC. Dated January 20, 2012;
• A plan entitled "Major Commercial Development Site Plan for Mark P. and Tammy Lynne Williams-
prepared by Site Design Engineering, LLC, dated January 20, 2012;
• The May 8, 2006 and May 10, 2010 decisions issued by the Planning Board;
• A staff sepott dated February 9, 2012;
• Representation and testimony received in connection with the public heating held on February 13, 2012.
Moores of that meeting she on file with the Planning Board; and
• Letters and other assorted documents on file with the Planning Board.
FINDINGS
The Planning Board, at their Febrary 13, 2012 meeting, considered this application in accordance with the
previous decisions and found that the proposed modifications do not materially affect the intent or findings in the
previous decisions and that the proposed modifications are consistent with the general purpose and intent of the
Zoning Byhov.
DECISION AND RECORDOF-VOTE - - -
On February 13, 2012 the Phnnmg Board voted 40 to close the public hearing and voted 40 to APPROVE this
application, which includes the issuance of special permits pursuant to the following sections of the Zoning
Bylaw:
139 -7A Uses
Contractor shop
Special Permit GRANTED: the location of a contractor shop on Lot 2 is
consistent with the surrounding land uses and the RC -2 zoning district.
Landscape contractor
Special Permit GRANTED: the location of a landscape contractor business on
Lot 2 is consistent with the surrounding land uses and the RC -2 zoning district
The Board notes that a landscape contractor business is currently located to the
southwest of the site on an abutting lot
Light manufacturing
Special Permit GRANTED: for Lot 2 only. Use of the structure may mdude
typical construction trades such as woodworking, cabinetry, metal working and
f btication of associated products. Other uses shall be subject to review by the
Planning Board during a public meeting, but without holding a public hearing.
Interior storage and /or warehousing
Special Peanut GRANTED: any exterior storage on Lot 2 shall be limited to an
area behind the structure and it shall be screened from view from abutting
properties by a fence or evergreen landscaping. Interior storage and
warehousing of boats on Lot I shall remain in compliance with the original
decision dated May 8, 2006.
138660
The Board's dedsion is also based on die following conditions:
1 That a cwmnon driveway easement shall be executed and filed with the Nantucket Registry of Deeds
of either Lot 1 or 2. A copy of the filed casement shall be
prior m the sale or change in ownership
pmmted m the Planning Bond:
2. That all conditions creep, numbers 8 and 9 of the May 8, 2006 Planting Board decision sha8 remain m
full force and effect and
3. That any modificadotis to the site layout or commrrcial slmcNlCS located thereon 5W requite s
modification of this special Parme
Se vvo e and ass hence the M IXteed OP rnaj,rity
Modification to of th ara APPROVED. specified in MGL Chapter 40A,
On February 13, 2012 the Planning Board voted 40 to ENDORSE this decision.
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F 1 .NERALLAWS;�M, WN CLERK
,ter 14 Alz COMMONWEALTH OF
Nanmckct, SS
On the 1 -- day of . 2012, before me, the undersigned notary public,
personally appeared "� ,ZR one of the above -named members 01 11
planning Board of Nan cket, Massachusetts, personally known to me to be the person whose name is
signed on the peeceding docwnent, and acknowledged that he /she signed cite foregoing instrument
voluntarily for the purposes theca- crpressed. 5t. LESLIE WOODSON SNE
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TOWN OF NANTUCKET 064456
BOARD OF APPEALS
logo NANTUCKET, MASSACHUSETTS 02554
Date: March /' , 19 94
To: Parties in Interest and.Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.: 010 -94
Owner /Applicant: MARK P. WILLIAMS
Enclosed is the Decision of the BOARD OF APPEALS which has
this day been filed in 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 an complaint in,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.
cc: Town Clerk
Planning Board
Building Commissioner
�1Ji,P
lci�
ale
W.
Waine
Chairman
cc: Town Clerk
Planning Board
Building Commissioner
064456
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Assessor's Map 66 86 Somerset Road
Parcel 404 Land Court Plan 28933 -S
Residential - Commercial -2 Lot 162
At a Public Hearing of the Nantucket Zoning Board of Appeals,
originally scheduled for Friday, March 11, 1994, and continued to
8:30 A.M., Monday, March 14, 1994, at the Town and County Building,
Federal and Broad Streets, Nantucket, on the Application of MARK P.
WILLIAMS, of Box 3070, Nantucket, MA 025840 Board of Appeals File No.
010 -94, the Board made the following Decision:
1. Applicant is seeking a Special Permit under Nantucket Zoning
By -Law §139- 9B.2(b) (storage and warehousing). Applicant proposes to
demolish a -said to be pre- existing, non - conforming metal storage
"barn ", that currently violates the front yard setback requirement of
20 feet, and replace it with a new metal storage structure that will
not violate the front yard setback requirement. The new structure
will be used for the storage of boats and /or automobiles.
The premises are located at 86 SOMERSET ROAD, Assessor's Map
66, Parcel 404, as shown on Land Court Plan 28933 -S, Lot 162. The
property is zoned Residential - Commercial -2.
2. The Decisioi
submitted with it,
hearing, 2 letters
from an abutter on
aspects of the new
Planning Staff.
: is based upon the Application and materials
the testimony and evidence presented at the
from abutters on file in support and one letter
file, that expressed concern about the aesthetic
structure, and a favorable recommendation from the
3. Applicant proposes to demolish an existing dilapidated metal
"pole barn" that has a ground cover of 4,056 SF, and replace it with
a now metal storage barn that will have 3,200+ SF of ground cover and
will have a maximum ridge height of 18± feet. The current structure,
that pre -dates zoning, is non - conforming as to front yard setback,
being sited 19+ feet from the front yard lot line at its closest
Point, in zoning district that requires a 20 foot front yard
setback. The new structure will be sited in conformance with setback
requirements. The new structure will be used to store and warehouse
boats and automobiles and applicant represents that there will be no
outside commercial storage. The lot also contains Applicant's
single family residential structure.
4. Accordingly, by a unanimous vote, the Board GRANTS the
requested relief by Special Permit, under Section 139- 9B.2(b) for
storage and warehousing of boats and automobiles. The Board finds
(010 -94) -2- 06%6
that the proposed use is in harmony with the purpose and intent of
the Sy -Lax being located in a- residential- commercial area that
contains several commercial structures and businesses. Grant of
relief is based upon the following conditions:
A. There will be no residential use within the structure;
B. Any hazardous materials must be disposed of according
to state..and_ local_ codes;
C. The structure will be in substantial conformance with
the Certificate of Appropriateness issued by the Historic District
Commission numbered 24128;
D. Applicant will maintain the natural vegetative
screening along the lot line that borders Somerset Road as well as
augment said screening along Somerset Road from a point beginning
at the southwest property bound and running to the current siting
of the driveway as shown on a plan attached hereto, and marked as
Exhibit A;
E. There will be no outside commercial storage, without
further relief from this Board; and
F. The new structure will meet all setback requirements.
Dated: Hatch 1-7, 1994
ale W. Waine
RECEIVED
TOWN CLERK'S OFFICE
NANTUCKET. MA 02554
MAR 171994
TIME:
CLERK• - ° "'"
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EONMD COFFIN Go95T•
L(- 4o$
CURRENT ZONING MAP: RC -z
MINIMUM LOT SIZE: 5,000 s.F.
MINIMUM FRONTAGE: 40 Fr
FRONTYARD SETBACK: 20 FT
SIDE AND REAR SETBACK: 5 Fr.
ALLOWABLE. G.C_R.: So
EXISTING G.C.R.: 13.3
LOT l 2-
1n AREA = 40,000
a Bb
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MARBLE WA'(
Nft�
MARY 0. BORYS E
DEBORAH A. OLDS
46 -lob.l
T6314% R SA REKrY TRUST
6b -.4 AT
JMICMAE I MORTGAGE INSPECTION PLAN
NANTUCKET, MASSACHUSETTS
SCALE: /' =5� DATE: PREPARED FOR:
MARIL P. WILLIAM5
PROPERTY LINES SHOWN ARE TAKEN FROM RECOROE
DEED AND PLAN REFERED TO HEREON. OULDINGS, M
ETC. ARE PLOTTED FROM FIELD MEASUREMENTS
1 HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE
THAT THE PREMISES SHOWN ON THIS PLAN ARE
LOCATED WITHIN THE C ZONE AS DELINEATED
ON. THE .'FIRM" MAP OF COMMUNITY.NO..250230'.
MASS. EFFECTIVE. 6 -3-66 BY THE FEDERAL
EMERGENCY MANAGEMENT AGENCY.
NANTUCKET SURVEYORS INC.
5 WINDY WAY
NANTUCKET, MA. 02554
DEED REFERENCE: Lc Doc. 5(073
PLAN- REFERENCE: kc AL, ze933 -5
ASSESSORS MAP: 46 PCL.4o4-
064456
Qalwrvcr� TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: March /`7 , 1994
CERTIFICATE OF GRANTING OF SPECIAL PERMIT
(Massachusetts General Laws, Chapter 40A, Section I1)
The BOARD OF APPEALS of the TOWN OF NANTUCKET, hereby certifies
that a tt(XC #X-- XX:9(7C SPECIAL PERMIT has been GRANTED:
To:(Owner /Applicant) MARK P. WILLIAMS (C-V� -94)
Address: Box 3070 Nantucket MA 02584
affecting the rights of the Owner /Applicant with respect to land or
building at: 86 Somerset Road, Assessor's Map 66, Parcel 404,
as shown on Land Court Plan 28933 -S, Lot 162
Reference
And the BOARD OF APPEALS further certifies that the attached
Decision is a true and correct copy of its Decision GRANTING the
gfk4f #nj *kg, SPECIAL PERMIT and that copies of the Decision and of
all_plans referred to in the Decision have been filed with the Planning
Board and the To" Clerk. -
The BOARD OF APPEALS calls to the attention of the Owner/
Applicant that General Laws, Chapter 40A, Section 11 (last paragraph)
provides.that no )t11R7[# jtXMd"K SPECIAL PERMIT, or any EXTENSION,
MODIFICATION or RENEWAL thereof, shall take effect until-(a) a copy of
the Decision is certified by the Town Clerk that TWENTY (20) days have
elapsed after the Decision has been filed in the office of the Town
Clerk and no appeal has been filed (or, if such appeal has been filed,
that it has been dismissed or denied) and (b) the certified copy is
recorded in the Registry of Deeds for the County of Nantucket and
indexed in the grantor index under the name of the Owner of Record or
is recorded and noted on the Owner's Certificate of Title. The fee for
such recording or registering shall be paid py the Owner /Applicant.
Chairman -Clerk
4�
TOWN OF NANTUCKET RECEIVED
BOARD OF APPEALS `'14 nn it A11 1107
NANTUCKET, MASSACHUSETTS 02554 D'i`r Tcwv CLERK
Date: March 10, 2019
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No:
Owner /Applicant: Mark P. and Tammy Lynne Williams
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.
-6t avo ,l v
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 66, Parcel 539
861,1 Somerset Road
DECISION:
Land Court Plan 28933 -4, Lot 198
Residential Commercial - 2
Certificate of Title 21,762
1. At a public hearing of the Nantucket Zoning Board of
Appeals, held on Thursday, January 9, 2014, at 1:00 P.M., and
continued after opening and testimony taken, to February 13, 2014,
held at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board
made the following Decision on the Application of MARK P. AND TAMMY
LYNNE WILLIAMS, Owners, and BRYAN DIGGLE, Contract Purchaser (with
the property potentially having been transferred prior to the
filing of this Decision with the Town Clerk and the Nantucket
Registry of Deeds), with an address of PO Box 3070, Nantucket,
Massachusetts 02584, and PO Box 2942, Nantucket, Massachusetts
02584, respectively, Board of Appeals File No. 007 -14:
2. Applicant (Diggle) seeks a Special Permit pursuant to
Nantucket Zoning By -law Section 139 -7 (Use chart) to allow an
existing commercial structure to be used as a landscape contractor
shop; Sections 139 -18 (Parking requirements) and 139 -20 (Loading
zone) to validate the proposed 2 -car and loading zone parking
layout; and Section 139 -20.1 (Common Access) to validate the
existing common driveway that provides access to Lot 1 and Lot 2
from Somerset Road.
The premises is located at 86''t Somerset Road, Assessor's
Map 66, Parcel 539, LC Plan 28933 -4, Lot 198 ( "Lot "), and evidence
of owner's title is recorded at the Nantucket County Registry of
Deeds in COT 21,762, and is zoned Residential - Commercial -2. (Please
note: at the time of this filing the Assessor's and GIS information
on record are not coordinated and at times the subject lot is shown
as "86 -" Somerset Road, Map 66, Parcel 404. However Parcel 404 was
the primary lot from which the subject lot was created and there
are discrepancies within the Town's system and the "Blue Book ".)
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.
Written and verbal testimony was received from two abutters that
expressed concerns primarily about traffic and parking in the
roadway layout.
4. Attorneys Michael Wilson (Diggle, first public hearing)
and Richard Glidden (Williams, second public hearing) made the
presentations. The property (Lot 2) is part of a two -lot
subdivision currently held in common ownership by Mark P. Williams
and Tammy Lynne Williams. The property is benefitted by a Major
Commercial Development ( "MCD ") Special Permit granted by the
Planning Board in Decisions Nos. 09 -06, 15 -10 and 05 -12. Relief and
subsequent Modifications were granted under former Zoning By -law
Section 139 -9B and other pertinent sections of the Zoning By -law in
order to use the commercial property for storage and warehousing
purposes and a portion of the property to be leased to a landscape
contractor for his business that was taking place on an immediately
adjacent parcel. Relief was granted subject to certain conditions.
5. The original larger lot (known as 86 Somerset Road, Map
66, Parcel 404) was initially benefitted by a grant of Special
Permit relief by the Zoning Board of Appeals ( "ZBA ")in the Decision
in File No. 010 -94 that allowed Mark Williams to demolish a pre-
existing nonconforming storage building and reconstruct a new
conforming commercial building. The structure was to be used for
the storage and warehousing of boats and other vehicles pursuant to
certain conditions, all but one incorporated and restated in this
Decision. The ZBA Decision was subsequently superseded by the above
noted Decisions rendered by the Planning Board after the commercial
use of the property was proposed to exceed the threshold of 4,000
SF of commercial interior space and thus became an MCD.
6. Applicant (Diggle) is the Contract Purchaser of the
conforming subject Lot (about 6,858 SF of lot area) . Once the
subject Lot is transferred out of the Williams' control to the
Applicant, the subject Lot would technically no longer be able to
be covered by the Williams' MCD as to use and waivers granted, nor
subject to the conditions contained therein. The commercial
structure sited on the Lot has a conforming ground cover of about
1470 SF (35' x 421) and thus is below the MCD threshold and in need
of its own Special Permit relief in order for Applicant to continue
to use the property substantially as previously permitted under the
MCD. Thus the jurisdiction of the commercial use of the property
now reverts back to the ZBA.
7. Applicant proposes to use the commercial property in
conjunction with his landscape business with no exterior storage of
goods and materials related to the commercial business on the
property. The required two conforming parking spaces and a
conforming loading zone are shown on Exhibit A attached hereto.
However, as there is a shared access easement with the Williams'
property (Lot 1) to the northeast in place required by the Planning
Board, the required 29 -foot aisle width is partially located within
the access easement area. No dwelling unit is proposed at this time
on the property. The existing natural vegetative screening will be
maintained on the property line along Somerset Road. There is an
existing hedge separating the property from the landscape
contractor located immediately to the southwest that will also be
maintained. The opening between the two properties will be closed
up. The Applicant's landscape contractor business is consistent
with other surrounding commercial businesses with at least two
other similar enterprises located in close proximity to the
property.
8. Due to the fact that the subject Lot will no longer have
the benefit of the MCD Special Permit as noted above, substantially
the same Special Permit relief as granted by the Planning Board to
validate the existing commercial uses and waivers as stated above
is granted pursuant to the following Sections:
139 -7A - Use Chart for the following uses allowed by Special
Permit in the RC -2 zoning district: landscape contractor shop,
interior storage and warehousing;
139 -18 - Off- Street Parking Requirements, to the extent
necessary, to validate the aisle width;
139 -20 - Off - Street Loading Facilities, to the extent
necessary; the subject Lot is already developed and there
would be sufficient area to provide a place to unload and load
the equipment, a conforming loading zone is provided on site
but the required aisle width is sited partially within the
common access easement; and
139 -20.1 - To the extent necessary to validate the existing
shared driveway access easement as previously approved and
required by the Nantucket Planning Board in File No. 15 -10.
9. Based upon the foregoing, the ZBA finds that the uses
proposed and waivers sought comply with the general purpose and
intent of the Zoning By -law. The site is located on a private road
which is maintained by the property owners, most particularly on a
paved section that was undertaken by Mark Williams. This property
is now encircled by other commercial properties, and immediately
proximate to a large landscape contractor to the southwest and the
Williams Lot 197 with commercial uses contained thereon to the
northeast. Conveyance of the property out of the Williams' common
ownership would not create an increase in the impact on the
neighborhood. The commercial structure on the subject Lot has been
used for several years by the abutting landscape contractor and the
Applicant is a landscape contractor. A grant of Special Permit
relief would also not materially affect the intent or findings in
the above referenced Planning Board Decisions. The maintenance of
the common driveway would not be contrary to the sound traffic or
safety considerations and does not negatively impact the scenic or
historic integrity of the area. In all other respects, the property
would be conforming.
10. Accordingly, by a UNANIMOUS vote of the sitting Board,
the Board of Appeals GRANTS the requested SPECIAL PERMIT relief in
order for the property to be used in conjunction with a landscape
contractor's shop as described above, based upon the following
conditions:
a. There shall be no parking related to the commercial uses
within the roadway layout of Somerset Road;
b. The existing natural vegetative screening along the
Somerset Road property line shall be maintained;
c. There shall be no residential unit located within the
commercial structure without further relief from the
Special Permit granting authority;
d. Any hazardous materials shall be disposed of according to
state and local requirements;
e. There shall be no exterior storage of goods and materials
associated with the commercial landscape contractor shop
use without further relief from the Special Permit
granting authority;
f. No servicing of equipment or vehicles shall take place on
the property other than equipment associated with
Applicant's own landscape business;
g. Any modification to the commercial uses herein described
shall require further relief from the Special Permit
granting authority;
h. The common access driveway shall be maintained for the
benefit of Lot 1 and Lot 2;
i. Outside lighting shall meet the requirements specified in
the Town of Nantucket Code Sections 102, Subsections 3 -5,
inclusive;
j. Parking and screening shall be maintained substantially
as shown upon the attached Exhibit A as marked up; and
k. The ZBA further endorses the attached Exhibit A as marked
up as the relevant site plan, as required under the minor
site plan review provision pursuant to Nantucket Zoning
Bylaw Section 139 -23.
Dated: i'MAXth to ,2019
Susan McCarthy
Mar
G 0ffrey Thayer
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss. MwraLLo 2919 Zely
On this 100- day of jqjgh, 24 before me, the undersigned
Nota Public, personally appeared
ry
= 'rook- , 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.
Not4ftry Public:
My commission expres: LYNELL D. VOLLANS
.� Notary Public
Commonwealth i Expi,easetts
My Commission Expires
De rnber 28, 2018
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