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HomeMy WebLinkAbout035-14 8 Flint RoadTOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Fee: $300.00 MAY 1 3 2014 BY:: $i - -- ?_ `r R , File No. 5- 1 'I e- 1','1 : i; Owner's name(s): Kenneth C. Coffin, Inc. Mailing address: PO Box 90, Siasconset, MA 02564 Phone Number: E -Mail: Applicant's name(s): Christopher B. Lewis Mailing Address: PO Box 2126, Nantucket, MA 02584 Phone Number: 508- 325 -1610 E -Mail: ackfcb @gmail.com Locus Address: 8 Flint Road Assessor's Map /Parcel: 69 -339 Land Court Plan /Plan Book & Page /Plan File No.: Lot 200, Land Court Plan 26984 -8 Deed Reference /Certificate of Title: 11346 Zoning District. RC -2 (by virtue zoning freeze) Uses on Lot- Commercial: None_ Yes (describe) 1 proposed Residential: Number of dwellings 1 proposed Duplex Apartments Date of Structure(s): all pre -date 7/72 _ of Building Permit Numbers: Previous Zoning Board Application Numbers: ZBA 050 -84; Planning Board 4-84 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: 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" �S Anglican_ t /A{tomey /Agent* *If an Agent is xepz senting the Owner k the Applicant, pleAsse provide a signed proof of agency. OFFICE USE ONLY Application received on.—/—/— By: Complete:_ Need Copies:_ Filed with Town Clerk:–/–/– Planning Boaxd:JJ_ Building Dept:JJ_ By:_ Fee deposited with Town Treasurer._/_ /_ By:_ Waiver requested:_ Granted:—/—/— Heating notice posted with Town Clerk:–/–/— Mailed:—/—/— I&M_/_ /_ &_ /_/_ Hearing(s) held on:_/_/_ Opened on:—/—/— Continued to:_ /_/_ Withdrawn:_ /_/_ Decision Due By:_ /_/_ Made:_/_ /_ Filed w /Town Clerk:_ /_ /_ Mailed_/_/_ Fairgrounds Road Nantucket Massachusetts 02554 508- 228 -7215 telephone 508- 228 -7298 facsimile ADDENDUM Applicant is requesting Special Permit relief to the extent necessary to build a commercial structure with second story dwelling unit upon the Premises, substantially in accordance with the proposed plan submitted herewith. The Premises has the benefit of a zoning freeze until 2017, and is subject to the RC -2 zoning regulations in effect upon October 12, 2007. Special permit relief is as requested, under the following sections of the 2007 zoning code as follows: Pursuant to Section139 -9 for storage and warehousing, including properly screened open storage of goods and materials; for light manufacturing; and for fabrication of component parts for off -site construction and use; Pursuant to Section 139 -18, 139 -19 and 139 -20, to waive strict compliance with parking and aisle width requirements, to waive certain screening regulations, including screening for loading zones within 30' of a residential area, and to waive strict compliance with the dimensional requirements for off - street loading zones. The Applicant intends to construct a commercial building with a garage workshop and office space on the first floor, and a two- bedroom dwelling unit on the second floor. Four parking spaces are required, and four are proposed in a stacked configuration. A loading zone is also proposed. The lot is located at the dead end of Flint Road, and portions of the lot along the north and west sides consist of a very high, thickly vegetated embankment. The embankment makes it difficult to site fully compliant parking spaces, aisle widths, and loading zones. Natural screening is provided by the embankment, and there is immediately adjacent to the locus a wide roadway turning "T ", which will facilitate vehicular passage to the Premises. \ 2 l § e t $ 0 \$ \lzi / $\/ . Q «m . (?+~ a/. \� `. Who , d£ /f ! ! § R V & '•;p q)% � 9� |m 7 �\ q .% � \{ �! �! � ) \� NOTES PARKING N 1. OMER: KENNEY4 C, COFFIN, INC. PROPOSED 2 SPACES 2, DEED REF: CERT /11346 1.4 SPACES or I SPACE 3. PLAN REF: LCO /26964 -6 (LOT 20D) I SPACE TOTAL SPACES: W E 4. LOWS DOES NOT FALL MPH N A SPECIAL FLOCS SCALE "'Pow n4q'�z HAZARD ZONE AS SHONM ON FEMA FLOOD INSURANCE .l0 40 60 RATE MAP COMMUNITY PANEL N. 250230- DD09 -D � dated 07/02/92. m 5. LOT SUBJECT TO ZONING SEE IIME OF OVAL y doted LCC 2'26984 -8 anE SUFIDINSION APPROVAL EOIeE NOV. IV 16, 2010. 6. TOPOGRAPHICAL INFORMArPON TAKEN MOM 'GRADING V PI-AN' doted ALY 14, 2DDB prepared by MEUER k ASSOCATES. 5, ZONE: RC -2 RFQUIREQ PROPOSED LOT AREA: 5.000 e.0 5,4703 Sf. FRONTAGE: 40' 45.05' FRONT YARD: 10 SOY SIDE /REAR YARD: 5' 16.0'/6.5' GROUND COVER: 505 0'.) 225 OPEN AREA: 205(.) 415 i ye/ z�r 2 Q � vD dM g pROp . IZ' x 2e w tea' /AP r6. p' 8806FT PARKING SUMMARY: 2 BDRM APARTMENT: REQUIRED I SPACE Pr BEDROOM PROPOSED 2 SPACES 288 s. J. OFFICE SPACE: 1 SPACE per 200 s.f. 1.4 SPACES or I SPACE 880 s.f. SHOP SPACE: 1 SPACE per 900 s.L I SPACE TOTAL SPACES: 4 SPACES 4 SPACES up PLAN SCALE "'Pow n4q'�z e d n 20 .l0 40 60 i ye/ z�r 2 Q � vD dM g pROp . IZ' x 2e w tea' /AP r6. p' 8806FT ASAP - GOV PROPOSED SITE PLAN 1 IN NANTUCKET. MASSASHUSETTS F6Y wmv CHRISTOPHER B. LEWES / xAxnut<7, Lu p2ss4 P69 ROAD Aveols o0) ASAP - GOV 177 �ItT PROPOSED SITE PLAN 1 IN NANTUCKET. MASSASHUSETTS F6Y wmv CHRISTOPHER B. LEWES n 0m sDlrrx Rao xAxnut<7, Lu p2ss4 P69 ROAD Aveols o0) pep soe.us.00a4 MAP 69 PARCEL 10 (ptFfl M L 177 �ItT PROPOSED SITE PLAN 1 IN NANTUCKET. MASSASHUSETTS wmv CHRISTOPHER B. LEWES n 0m sDlrrx Rao xAxnut<7, Lu p2ss4 P69 ROAD Aveols o0) pep soe.us.00a4 MAP 69 PARCEL 10 (ptFfl M L Q oe 0. I I f / r / N= PLAN SCALE 0 . e d n 20 .l0 40 60 N= I Lri Gnu I..UUlily UI IVGIIIUUK(3l Ividy I L, LU 14 p l'In L L..a 7as SAO _ wi � 6 B tt ! r ZI 3 dill 1 �= /� � ids PRO . " �- r v t property Information property In 6910 Location ARROWHEAD DR Owner KENNETH C COFFIN INC MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT The Town makes no clams and no warrantes : it red ssi or implied concerning the validity or 1.o ache GIS data prevented on this map. Parcels fical tl Deoamher, 2013 BOARD OF APPEALS,_ NANTUCKET, MASSACHUSETTS:- - 0254. " Date: June 23, 2014,— 1 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the followin - W Application No: 035 -14 Current Owner /Applicant: KENNETH C. COFFIN, INC., as Owner, and CHRISTOPHER B. LEWIS, as Applicant/Contract Purchaser 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. NANTUCKET ZONING BOARD OF APPEALS Two Fairgrounds Road Nantucket, Massachusetts 02554 Assessors Map 69, Parcel 339 8 Flint Road Commercial Industrial (Cl)* ( *Zoning Freeze for RC -2 District until October 15, 2017) DECISION: Certificate of Title No. 11346 Land Court Plan No. 26984 -8 Lot 200 1. At a public hearing of the Nantucket Zoning Board of Appeals (Board) on Thursday, June 12, 2014, at 1:00 p.m., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of KENNETH C. COFFIN, INC. as Owner, and CHRISTOPHER B. LEWIS, as Applicant and Contract Purchaser, PO Box 2126, Nantucket, Massachusetts 02584, File No. 035 -14. 2. The applicant is requesting relief by Special Permit to the extent necessary to build a commercial structure with second story dwelling unit upon the Premises, substantially in accordance with the proposed plan submitted for review with the application, pursuant to Nantucket Zoning By -Law Sections 139 -30 and 139 -7A, for storage and warehousing, including properly screened open storage of goods and materials, for light manufacturing, and for fabrication of component parts for off -site construction and use. To the extent required, Special Permit relief under Sections 139 -18, 139 -19 and 139 -20 of the by -law is also requested to waive strict compliance with parking and aisle width requirements, to waive certain screening regulations, and to waive strict compliance with the dimensional requirements for off - street loading zones. The property, situated at 8 Flint Road, is a 5,470 square foot vacant lot located within the Coffin Subdivision off Arrowhead Drive, and is shown on Nantucket Tax Assessor's Map 69 as Parcel 339, and as Lot 200 on Land Court Plan No. 26984 -8. Evidence of owner's title is recorded on Certificate of Title No. 11346 on file with the Nantucket County Registry District of the Land Court. Locus lies within an area currently zoned Commercial Industrial (CI); however, the locus and the lots created by the Coffin Subdivision are subject to a "zoning freeze" under the RC -2 Zoning District which expires on October 15, 2017.* [ *The Zoning Use Chart under Section 139 -7A, as amended, provides that interior or exterior storage or warehousing is a permitted use in the Cl Zoning District but requires a special permit for such use in the RC -2 Zoning District.] 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 was no opposition, written or oral, to the application. 4. The applicant was represented by Attorney Marianne Hanley at the hearing. The applicant, under contract to purchase the premises from Kenneth C. Coffin, Inc., proposes to construct a 1,168 square foot workshop /garage, with ancillary office space and a second story two bedroom apartment. The applicant submitted a proposed site plan showing the planned improvements. The lot, located adjacent to a turning "T" at the end of a dead end road in an industrial area, is bordered on its northerly and westerly boundary lines by steep walls of vegetation. These walls, remnants of a gravel pit formerly located on the property, present topographical issues uncommon to the majority of the other lots within the subdivision. There is a small outdoor storage area on the lot, and the 20% open space requirement will be met. There are four parking spaces provided, and an off - street loading zone. Although the configurations of and access to the parking and loading zone are slightly different than those required under the by -law, adequate access, parking and off - street loading facilities have been provided for the proposed uses upon the premises. 5. The Board recognized that the intention of the developer of the Coffin Subdivision was to sell lots within the subdivision for commercial and industrial uses and, in fact, other lots in the Coffin Subdivision had been previously conveyed to persons and businesses for commercial and industrial uses. Therefore, the Board found that applicant's proposed use of the locus was in harmony with the general purpose and intent for commercial and industrial uses of lots within the Coffin Subdivision. The Board determined that granting the special permit relief to the extent required, and the plan provided, shall be approved. 6. Accordingly, by UNANIMOUS vote of the sitting Board, the Zoning Board of Appeals grants the Special Permit and finds that the improvements upon the premises for the proposed uses are in harmony with the general purpose and intent of the by -law, would promote and be consistent with the scenic integrity of this commercial area, and would not be contrary to sound traffic or parking and safety considerations. More specifically, the Board finds that the requested waivers meet the requisite criteria for granting of Special Permits pursuant to the following sections of the Nantucket Zoning Bylaw: ■ 139 -30.A Special permits The Zoning Board of Appeals is the special permit granting authority in this instance and may impose conditions, safeguards, and limitations intended to ensure that the use or structure is in harmony with the general purpose and intent of this chapter. ■ 139 -7.A Use Chart Contractor shop, Light manufacturing, Interior or exterior storage or warehousing are all uses allowed through granting of a special permit. • 139 -18.A Off street parking requirements A waiver is granted to allow a stacked or tandem parking configuration as well as relief from the aisle width requirement. Relief from the requirements of Sections 139- 18.A(4) &(5) may be granted pursuant to 139 - 18.1)(1) which states, "[ ... ] (b)That full compliance is physically impossible for the applicant to provide, or, if physically possible, would have a significant adverse effect upon the scenic or historic integrity of the neighborhood; and (c) The granting of relief would not be contrary to sound traffic, parking, or safety considerations;[...] ". • 139 -19 Screening of parking areas, driveways, off - street loading facilities Relief from full compliance with the screening requirements may be granted pursuant to 139 -19.G which states, "[ ... ] (b)That full compliance is physically impossible for the applicant to provide, or, if physically possible, would have a significant adverse effect upon the scenic or historic integrity of the neighborhood; and (c) The granting of relief would not be contrary to sound traffic, parking, or safety considerations." ■ 139 -20.A Off - street loading facilities As amended by Article 62, unanimously passed at the 2014 Annual Town Meeting: Off street loading facilities are not required in any district, except as may be determined by the special permit granting authority during review of a use permit. The special permit granting authority shall determine the size and location of any required off - street loading facilities. The Special Permit relief, as specified above, is subject to the following conditions: a. The proposed commercial building, parking, loading zone, and open space shall be in substantial compliance with the plan entitled "Proposed Site Plan in Nantucket, Massachusetts ", prepared by Bracken Engineering, Inc., dated May 12, 2014, a reduced copy of which is attached hereto and marked as "Exhibit A." b. Vegetative screening shall be installed along the southerly lot line, commencing at a point four (4) feet from the boundary line at the front of the lot adjacent to Flint Road, and continuing along the southerly lot line to a point sixteen (16) feet from the rear lot line. SIGNATURE PAGE TO FOLLOW Assessors Map 69, Parcel 339 8 Flint Road Commercial Industrial (CI)* ( *Zoning Freeze for RC -2 District until October 15, 2017) Dated: SIV V k 7-2>_,2014 Nantucket, ss Certificate of Title No. 11346 Land Court Plan No. 26984 -8 Lot 200 Kerim Koseat kjeott 1 hayer COMMONWEALTH OF MASSACHUSETTS On the 7,2>YCL_ day of GU Ylj-- , 2014, before me, the undersigned notary public personally appeared V 9 V i A/► V= b V.CA+e4 C_ , 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. Notary Public: lt� LYNELL D. VOLLANS Notary Public My Commission Expires: Commonwealth of Massachusetts My Commission Expires December 28, 2018 NOTES: ZONE: RC -2 REQUIRED PROPOSED L 1. OWNER: KENNETH C. COFFIN, INC. 5,000 s.f. 5,470± s.f. 2. DEED REF: CERT #11346 40' 45.05' 3. PLAN REF: LCC #26984 -8 (LOT 200) 10' 50'± 4. LOCUS DOES NOT FALL WITHIN A SPECIAL FLOOD w E HAZARD ZONE AS SHOWN ON FEMA FLOOD INSURANCE 50% (Max) 22% RATE MAP COMMUNITY PANEL No. 250230- 0009 —D 20% (Wnd) 41% dated 07/02/92. PARKING SUMMARY: 5. LOT SUBJECT TO ZONING AT TIME OF CREATION. SEE a LCC #26984 -8 and SUBDIVISION APPROVAL dated NOV. N 16, 2010. 1 SPACE per 200 s.f. 1.4 SPACES or 1 SPACE 880 s.f. SHOP SPACE: V 6. TOPOGRAPHICAL INFORMATION TAKEN FROM "GRADING 4 SPACES 4 SPACES PLAN" dated JULY 14, 2008 prepared by WELLER & ASSOCIATES. S ,-"g, /yqP 6.g'p�/yyFgO 49 HERRING POND ROAD 19 OLD SOUTH ROAD BUZZARDS BAY, MA 02532 NANTUCKET, MA 02554 (tel) 508.833.0070 (tel) 508.325.0044 (fax) 508.833.2282 www.brackenong.com PROPOSED SITE PLAN IN NANTUCKET, MASSASHUSETTS Prepared for: CHRISTOPHER B. LEWIS FLINT ROAD (off ARROWHEAD DRIVE) MAP 69 PARCEL 10 (portion of) t SH OF Mqs s"`'s� ALAN M. XID w No. 37732 AFGfSTEREp �l ow! 46 � 4q —4Q 3B PLAN SCALE 0 4 8 12 ?6 20 30 40 60 1 inch = 20 feet Date: Drawn: Checketl: Job: MAY 12, 2014 RMM /DLH DFB /AMG 0000 -000 I`E � EI 12) 1 I h r ZONE: RC -2 REQUIRED PROPOSED L LOT AREA: 5,000 s.f. 5,470± s.f. FRONTAGE: 40' 45.05' FRONT YARD: 10' 50'± SIDE /REAR YARD: 5' 16.0'/6.5' GROUND COVER: 50% (Max) 22% OPEN AREA: 20% (Wnd) 41% PARKING SUMMARY: REQUIRED PROPOSED 2 BDRM APARTMENT: 1 SPACE per BEDROOM 2 SPACES 288 s.f. OFFICE SPACE: 1 SPACE per 200 s.f. 1.4 SPACES or 1 SPACE 880 s.f. SHOP SPACE: 1 SPACE per 900 s.f. 1 SPACE TOTAL SPACES: 4 SPACES 4 SPACES ,-"g, /yqP 6.g'p�/yyFgO 49 HERRING POND ROAD 19 OLD SOUTH ROAD BUZZARDS BAY, MA 02532 NANTUCKET, MA 02554 (tel) 508.833.0070 (tel) 508.325.0044 (fax) 508.833.2282 www.brackenong.com PROPOSED SITE PLAN IN NANTUCKET, MASSASHUSETTS Prepared for: CHRISTOPHER B. LEWIS FLINT ROAD (off ARROWHEAD DRIVE) MAP 69 PARCEL 10 (portion of) t SH OF Mqs s"`'s� ALAN M. XID w No. 37732 AFGfSTEREp �l ow! 46 � 4q —4Q 3B PLAN SCALE 0 4 8 12 ?6 20 30 40 60 1 inch = 20 feet Date: Drawn: Checketl: Job: MAY 12, 2014 RMM /DLH DFB /AMG 0000 -000 I`E � EI 12) 1 I h r