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HomeMy WebLinkAbout040-14 20 Cherry StreetPLANNING JUL 0 8 2014 TOWN OF NANTUCKET 1+ 63 BOARD OF APPEALS NANTUCKET, MA 02554 ry APPLICATION C> I— Fee: $450.00 File No. 040 -1 CD Owner's name(s): Nantucket Island Resorts LLC clo Nantucket Island Management LLCM= C7, ry r— Mailing address: P.O. Box 1139, Nantucket. MA 02554 M � Phone Number: E -Mail: Applicant's name(s): Nantucket Island Resorts, LLC c/o Henry Wyner c/o Richard P. Beaudette Iblailing Address: Whaler's Lane, P.O. Box 659, Nantucket, MA 02554 Phone Number: 508- 228 -4455 E -Mail: Rick@vdhlaw.com Locus Address: _ 20 Cheer Sit Assessor's Map /Parcel: 55/378.5 Land Court Plan /Plan Book & Page /Plan bile No.: Book 580, Page 147; Plan 41107 -A Deed Reference /Certificate of Title: 184I4 Zoning District R1 :D7 M C.) M M C7 Uses on Lot- Commercial: None Yes (describe) Commercial Greenhouse and Commercial Storage Residential: Number of dwellings 0 Duplex Apartments Date of Structure(s): all pre -date 7/72 or Commercial Greenhouse and Commercial Storage constructed 1980 Building Permit Numbers: 1688 -80 (Certificate of ccupancy No 16884)21 Previous Zoning Board Application Numbers: 013 -80 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile State below or attach a separate addendum of specific special pert-nits or variance relief applying for: Applicant seeks to appeal Order to Cease, Desist, and Abate, issued by the Zoning Enforcement Officer on May 5, 2014. The summarized violation is cited as the "Alteration of a pre - existing, nonconforming, commercial use without the required special permit." Applicant hereby states that no violation has occurred nor is any additional relief required, as the property has been in continuous use under the Special Permit as a commercial greenhouse and commercial storage facility. Specifically, the Special Permit issued on May 23, 1980 provides for the construction and operation of a commercial greenhouse on the premises, for which a Building Permit for the greenhouse with a commercial storage building was issued on December 15, 1980. A Certificate of occupancy for the permitted commercial greenhouse and commercial storage facility was subsequently issued on January 31, 1992. The commercial greenhouse and commercial storage building have been in continuous use since that time and have not been altered in any way that does not conform with the Special Permit and Certificate. 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: 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 on: _ /_ /_ By: Complete: Need Copies: Filed with Town Clerk:–/_J_ Planning Board:_ /J_ Building Dept.:–/–/– By:_ Fee deposited -,with Town Treasurer:_/_/_ By:_ Waiver requested: Granted:_/_ /_ Hearing notice posted -% pith rown I &M— /___/_ &_/_ /^ Hearing(s) held on:_/_ /_ Opened on Continued to:_/_ /_ Withdrawn:—/—/— Decision Due By:—/—/— 1\Iade:_/_ /_ Filed w /Town Clerk:_ /_ /_ T-failed:_ /_ /_ 2 Fairgrounds Road Nantucket Massachusetts 02554 508- 228 -7215 telephone 508 - 228 -7298 facsimile VAUGHAN, DALE, HUNTER AND BEAUDETTE July 7, 2014 Eleanor Antonietti Zoning Administrator Nantucket Zoning Board of Appeals 2 Fairgrounds Road Nantucket, MA 02554 Re: Appeal of Ot cler by Zoning Et for-cemettt Officer Nantucket Island Resorts LLC 20 Cherry Street Nantucket, 1U4 02554 Dear Eleanor: AVRITAxF.Hu \'TEE OF COUNSEL Enclosed please find an application with supporting documentation with respect the Premises located at 20 Cherry Street. Pursuant to Section 139 -31 of the Nantucket Zoning By Law, my client, Nantucket Island Resorts LLC, hereby appeals the Order issued by the Zoning Enforcement Officer on May 5, 2014. Please stay any and all enforcement of the alleged violations until the final resolution of this matter. Please note that I reserve the right to supplement this application with further materials at a later time. I have also enclosed the filing fee required by the Town of Nantucket in the amount of $450.00. Thank you for your help in this matter. Please feel free to call me should you have questions. Sincerely, Richard P. Beaudette RPB/klk Enclosures PROFESSIONAL CORPORATION ATTORNEYS AT LAW W ALER S LANE P.O. BOX 659 EDi4ALRD FoLEY IJAurHA.\ NANTUCKET, MASSACHUSETTS 02554 KEVIN F. DALE RICHARD P.BEAUDETTE TEL' 15081228.4455 _ FAm(508)228.3070 LoRiDTmA I(ATHLEE\ L. KILLOY July 7, 2014 Eleanor Antonietti Zoning Administrator Nantucket Zoning Board of Appeals 2 Fairgrounds Road Nantucket, MA 02554 Re: Appeal of Ot cler by Zoning Et for-cemettt Officer Nantucket Island Resorts LLC 20 Cherry Street Nantucket, 1U4 02554 Dear Eleanor: AVRITAxF.Hu \'TEE OF COUNSEL Enclosed please find an application with supporting documentation with respect the Premises located at 20 Cherry Street. Pursuant to Section 139 -31 of the Nantucket Zoning By Law, my client, Nantucket Island Resorts LLC, hereby appeals the Order issued by the Zoning Enforcement Officer on May 5, 2014. Please stay any and all enforcement of the alleged violations until the final resolution of this matter. Please note that I reserve the right to supplement this application with further materials at a later time. I have also enclosed the filing fee required by the Town of Nantucket in the amount of $450.00. Thank you for your help in this matter. Please feel free to call me should you have questions. Sincerely, Richard P. Beaudette RPB/klk Enclosures Addendum Applicant, Nantucket Island Resorts LLC ( "NIR "), owns the property located at 20 Cherry Street, Nantucket, MA 02554, Map and Parcel 55/378.5 (the "Premises ") and operates a commercial storage facility and an adjoining commercial greenhouse on the Premises. The Premises is located in the R1 Zoning district. The uses on the property have been historically considered as pre - existing, nonconforming in a residential area, in that various business activities had been conducted on the property for many years. Supportive of its nonconforming use, a Special Permit, File No. 013 -80 (attached hereto as Exhibit A), was issued on May 23, 1980, allowing the Applicant to erect and operate a commercial greenhouse on the property, as a "heterogeneous mix of multi- residential, private stable, and miscellaneous storage facilities" were already present on the property. Specifically, the Special Permit allowed the Applicant to replace an existing stable and barn with the proposed greenhouse with the condition that no retail or public sales would be made from the location. The Special Permit did not prohibit and, in fact, acknowledged the historic and continued use or presence of storage on the property. Applicant then submitted an application for a Building Permit to construct the greenhouse and storage facility, which, at that time would supply the needs of the commercial enterprises of Sherburne Associates (Applicant's predecessor -in- interest). Building Permit No. 1688 -80 was issued for the construction of a conunercial greenhouse and commercial storage facility on December 15, 1980 (attached hereto as Exhibit B). The greenhouse and storage facility were constructed in or around 1981 and subsequently, a Certificate of Occupancy was issued for the "Greenhouse and Storage Facility" and dated January 31, 1992. The current owner has been continuously and consistently using the Premises in the same manner, providing a greenhouse and storage space for on- island businesses. The property is currently leased for use by Nantucket Tents, which continues to use a portion of the property for commercial storage purposes. At no time has the Premises operated as a retail establishment or made sales to the public directly, as is prohibited by the Special Permit. Recently, after operating for over thirty (30) years in the same manner, with the necessary Special Permit, Building Permit, and Certificate of Occupancy on record, Applicant received an Order to Cease, Desist, and Abate (the "Order" attached hereto as Exhibit C) from the Nantucket Zoning Enforcement Officer, Marcus Silverstein, on May 5, 2014 (the "Order ") which cited the following violation: §139 -33A: Alteration of a pre - existing, nonconforming commercial use without the required special permit. Further, the Order directs NIR to "[a]pply for and receive the required special permit through the Zoning Board of Appeals for the alteration of the pre- existing, nonconforming commercial use of the property." Applicant hereby appeals the Order for the following reasons: (1) the existing Special Permit provides that the Premises can be utilized as a nonconforming commercial use in the R1 district; (2) the Special Pettit provided for the construction of the commercial greenhouse without prohibiting the continued use of the property as a commercial storage facility; (3) the necessary Building Permit and Certificate of Occupancy both clearly permit the commercial greenhouse and the commercial storage facility; (4) since the permitted and certified commercial greenhouse and commercial storage facility have been in existence, the Premises has continuously been utilized in the same manner, with continued adherence to the condition that the Premises not be used as a retail establishment or make sales to the public directly; (5) the violation cited in the Order is not specific as to how the Applicant has altered the pre- existing, nonconforming use of the Premises; and (6) even if it were determined that a violation of the Special Permit had been committed, the applicable statute of limitations of six years, prescribed by both the Massachusetts General Laws Ch. 40 A §7, and the Nantucket Zoning Bylaw §139.25 (C)(2), has long -since expired. The Special Permit recognized and memorialized that the Premises had historically been considered as a "non- conforming use in a residential area in that various business activities ha[d] been conducted on the property for many years." At the time the Special Permit was issued there were miscellaneous storage facilities located on the property in addition to a barn and stable. The original request was to demolish the barn and stable and erect a cornrnercial greenhouse for use by Sherburne Associates, which was allowed under the Special Permit. The Premises, which includes a commercial greenhouse and adjoined commercial storage building, has never been altered from the uses allowed by the Special Permit as it was originally issued for commercial use. The present use of the Premises conforms with the Special Permit in that it currently provides commercial greenhouse and commercial storage space leased for use by on -island businesses, but does not act as a retail establishment for selling any products or services to the public. The Building Permit application submitted shortly after the Special Permit was issued clearly includes a request for a storage facility as well as greenhouse. The Building Permit was issued. Subsequently, a Certificate of Occupancy was issued that clearly allows for use of both the conunercial greenhouse and commercial storage facility on the Premises in accordance with the Special Permit. The Premises has been in continuous use for over twenty (20) years since the Certificate of Occupancy was issued, and the Applicant and local businesses have historically relied, and presently rely, on the available commercial greenhouse and commercial storage facility on the Premises to conduct their business and further, have relied on the fact that the Premises is appropriately permitted and certified for occupancy. Neither the Applicant, nor any occupant of the Premises, has altered the pre - existing nonconforming use of the Premises. Nevertheless, should the required specifics of the alleged violation be made known to Applicant, the Order is barred by the applicable statute of limitations and therefore can have no effect. Massachusetts General Laws Ch. 40A § 7 provides in part: "... if real property has been improved and used in accordance with the terms of the original building permit..., no action ... to compel the abandonment, limitation or modification of the use allowed by said permit or the removal, alteration or relocation of any structure erected in reliance upon said permit by reason of any alleged violation..., shall be maintained, unless such action, .. is commenced ... within six years next after the conunencement of the alleged violation of law; Further, the Nantucket Zoning Bylaw, §139.25(C)(2) provides in part: "... if any real property has been improved and used in accordance with the terms of the original building permit issued by the Building Inspector, no action, criminal or civil, the effect or purpose of which is to compel the abandonment , limitation or modification of the use allowed by said permit ... by reason of any alleged violation of the provisions of this chapter shall be maintained, unless such action, suit or proceeding is commenced and notice thereof records in the Nantucket County Registry of Deeds ivithin six years next afer the commencement of the alleged violation of lais,. Stich notice shall include ... adequate identification of the structure and the alleged violation." (Emphasis added). For the foregoing reasons, Applicant requests that the Zoning Board of Appeals find the Order to Cease, Desist, and Abate be withdrawn and that no new Special Permit be required for the continued pre - existing nonconforming use of the premises. EXHIBIT A MARD Or APPFM Nantucket, Massachusetts � iE t ii rECTSTON -* At a regular meeting of the BUM QP APPEPIS, held:: , •2` i it 1.980, at 3:00 P.M. &t td?e '1t�S'�T M. CtXJPP.L'Y MU DING � ' t?�a •,••; ' . :t of the application of B E aV TRIPP,, ' LiX (013 -80) , . after "dt i deliheraaon, the Board found: I. This is an application for a Special Permit to allow construe -- } tion and- coperaticm of a greenhouse on property on Cherry 3txeet 4 t� in lard now Toned Resident;.ial 1, . The property nola Consists of a k. k�aterogeneous mix of multi -residential, private stable, and migCe3laYaus st nxagA foci 3 i t3.ea, it is• proposed that the stable �t and barn be discoiit ued and a greenhouse be constructed. 2. Vie intended use is for operation of a greenhouse to supply the' neads of Sherburne.Assooiates for its oqnwaial enterprises with• out;, however, making retail sales to the.public. The greenhouse itself will i:e 60' x 44' and will be sufficiently landscaped to € enhance the nefgbbox'hood. Xt is apparent that the pxesent use •of the property is a' non ao- pforming use in a residential area in that various bus3nesg activities have been conducted on the property for many ,years. The Board, after consideration of the evidence and the proposed use., has determined that the greenhouse will ba used for the private purposes of the amerg; iurtherwre,' arts y Construction and operation will not be more detrimental to t be. ; neighborhood than the present use of the property. 3, Therefore, the Special. Permit for oonstrUatian and operation of a private g:�eenhouse'on the property on Cherry Six'eet, recorded in Deed Book In, Pact! 353, and Deed Book '110, Page 510, :is granted t,t:Lth the condition that no retail or Public sales shall i be made fxcm this location, by unanimous vote of the Board. r BOARD OP APPF%AT 4 3: s� ii ii L. ILA ��yy � 01- as� 1 EXHIBIT B 0 m 4 D 0 n 0 ol C b z n z 0 Fn 1 � �fRV} C Iry m "CJ i J 0 0 z .ti c 0 m 0 z m m m U) cu © D m z `d 0 NI �n -n m0 O0 D Q -n0zz DT z z a N r Om _ O j I m o X 'd Z a < 0 Z = m �n z T m z a 0. O .. o . r� 0 m `d D °fl Z O T c av m °° z G m o X 'd Z a < 0 Z = m �n z T m z a 0. O .. o . r� rn M in 0 o m•� o I 0• X) n' M n z in 0 z a17 ,I m v z z U) n �r \-IL m ro o i r CD �• CD a a j 4 `w' � m w ° .may. 1 i� :N ' ¢ ca CD co rn ® I a 5-3 S ° ' K m :q {n o cb p o .0 �a oll, p : ° o H +� � � ��-t o • tlJ � hi � I d o :tea CD o o �+ ; , co c 0 0 COD CD co f' Co -ri ;H : O ° ® Cn ni co CD : ; o An o : ° :5 m CD ° 6.s _ ®�i mm m ® x �. m 9 m � m Zz M. Cn � Vi z� �� CD pom CDT EXHIBIT C Planning and Land Use Services P" Notice Notice of Zoning Code And Order to Cease, Desist, Violation and Abate Nlr. /Mrs. /Ms. Nantucket Island Resorts, c/o Henry Wyner, and all persons having notice of this order: As owner /occupant of the premises /structures located at 20 Cherry St. (Map# 55, parcel# 378,5), you are hereby notified that you are in violation of W9 -33A of the Nantucket Zoning Code and are ORDERED this date, 05/05/2014, to: 1. INMIRDIATELY CEASE AND DESIST all functions connected with this violation on, or at, the above mentioned premises. Summary of §139 -33A: Alteration of a pre - existing, nonconforming Violation coinmercial use without the required special permit. 2, COibIMENCE, within five (5) days, action to abate this violation permanently. Summary of Action Apply for and receive the required special permit through the to Abate Zoning Board of Appeals for the alteration of the pre- existing, nonconforming commercial use of the property. Zoning vlolatlons mayresidtIn itnes of up to $300 per day, as allowed In 8139 -25 of the Zoning Code, If you are aggrieved by this notice and order, you may show cause as to why you should not be required to comply by filing an appeal with the Nantucket Zoning Board of Appeals, as specified in §139.31 of the Zoning Code, within thirty (30) days of this order. By order, Marcus Silverstein Zoning Enforcement Officer Town of Nantucket 2 Fairgrounds Road ■ Nantucket, MA 02554 ■ 508- 228 -7298 facsimile I Iffig = m N 0 En ,�� �� ice, no a CL 3 z > :0 DO Q0 8 �R 0 Zi > -M n o;u 6) 0 M m CL o 0 z C 0 M 0 Z Z --i r 4N- 6/4 Fcg VAUGHAN,DALE,HUNTER AND BEAUDETTE PROFESSIONAL CORPORATION Ott 0- I if ATTORNEYS AT LAW `/ WHALER'S T.A R'S LANE P.O.Bog 659 EDWARD FOLEY VAUGHAN NANTUCKET,MASSACHUSETTS 02554 WTi.T.TA&F.HUNTER KEVIN F.DALE OF COUNSEL MEL RICHARD P.BEAUDETTE (508)228-4455 _ FAX:(508)228-3070 LORI D'ELIA KATHLEEN L.Ku.T.oy September 11,2014 Eleanor Antonietti Zoning Administrator n ' Nantucket Zoning Board of Appeals ry rn rri 2 Fairgrounds Road CD rn Nantucket, Massachusetts 02554 < rn 0 (7) L.) Re: Appeal of Order of ZEO; r- In the alternative, Modification of a Special Permit; Nantucket Island Resorts LLC; ' 20 Cherry Street, Nantucket Dear Eleanor: Enclosed please find the application of Nantucket Island Resorts LLC, owner of the premises located at 20 Cherry Street,Nantucket. Please recall the Premises is located in the R-1 Zoning District and was issued a Special Permit, File No. 013-80 on May 23, 1980, allowing the Applicant to erect and operate a commercial greenhouse on the property and, further, allowed the historic and continued use or presence of storage on the property. The Premises is currently leased for use by Nantucket Tents, which uses a portion of the property for commercial storage purposes. At no time has the Premises operated as a retail establishment or made sales to the public directly, each of which is prohibited by the Special Permit. After operating for over thirty (30) years in the same manner, with the necessary Special Permit, Building Permit, and Certificate of Occupancy on record, Applicant, on May 5, 2014, received an Order to Cease, Desist, and Abate from the Nantucket Zoning Enforcement Officer. Page 2 September 11,2014 Eleanor Antonietti Re: Appeal of Order of ZEO; In the alternative, Modification of a Special Permit; Nantucket Island Resorts LLC; 20 Cherry Street, Nantucket Pursuant to enclosed application, the Applicant requests that the Nantucket Zoning Board of Appeals, act under its powers granted in Chapter 139-29 E. (1) (b), and overturn the decision of the Nantucket Enforcement Officer to issue an Order to Cease, Desist and Abate or, in the alternative,pursuant to Chapter 129- 29 E. (2), Modify the existing Special Permit benefiting the Premises pursuant to Chapter 139-33 A. (4) (a) and (b)to allow commercial storage by Nantucket Tents. Please note that I reserve the right to supplement this application with further materials at a later time. Thank you for your help in this matter. Please feel free to call me should you have questions. Sincerely, Richard P. Beaudette RPB/ Enclosures 4 I TOWN OF NANTUCEH;T BOARD OF APPEALS NANTUCKET, MA. 02554 APPLICATION Fee: $450,00 File No, ±f AIWA ilid Owners name(s): Nantucket island Resorts LLC c/o Nantucket Island Management LLC Mailing address: P.O. sox 1139,NDt kolset,ty)ts 02564 Phone Number: E-Mail: Applicant's name(s): Nantucket Island Resorts,LLC do Henry Wyner c/o Richard P. Beaudette Mailing Address: Whaler's Lane, P.O.Box 659,Nantucket,MA 02554 Phone Number: 508-228-4455 E-Mail: Rlek(a�vdhlaw.com Locus Address:, 20 Cherry Street Assessor's Map/Parcel: 55/378.5 Land Court Plan/Plan Book&Page/Plan File No.: Book 580,Page 147;Plan 41107-A Deed Reference/Certificate of Title: 18411 Zoning District R1 Uses on Lot-Commercial:None Yes(describe) Commercial Greenhouse and Commercial Storage Residential:Number of dwellings 0 Duplex Apartments Date of Structure(s):all pre-date 7/72, or Commorclaf Groonhouso and Commercial Storage constructed 1980 Building Permit Numbers: 1088,80_(Cortiflcate_oLOccupancy_No._1688-92)__---._-__ Previous Zoning Board Application Numbers: 013-80 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 598-228-7298 facsimile ADDENDUM Relief Requested Applicant,Nantucket Island Resorts LLC, requests that the Nantucket Zoning Board of Appeals, pursuant to Chapter 139-29 E. (1) (b), overturn the decision of the Nantucket Enforcement Officer to issue an Order to Cease, Desist and Abate, as described hereinbelow or in the alternative pursuant to Chapter 129-29 E. (2), Modify the existing Special Permit benefiting the Premises pursuant to Chapter 139-33 A. (4) (a) and (b). Background Applicant, Nantucket Island Resorts LLC ("NIR"), owns the property located at 20 Cherry Street,Nantucket, MA 02554, Map and Parcel 55/378.5 (the "Premises") and operates a commercial storage facility and an adjoining commercial greenhouse on the Premises. The Premises is located in the R1 Zoning district. The uses on the property have been historically considered as pre-existing, nonconforming in a residential area, in that various business activities had been conducted on the property for many years. Supportive of its nonconforming use, a Special Permit, File No. 013-80 (attached hereto as Exhibit A), was issued on May 23, 1980, allowing the Applicant to erect and operate a commercial greenhouse on the property, as a "heterogeneous mix of multi-residential, private stable, and miscellaneous storage facilities" were already present on the property. Specifically, the Special Permit allowed the Applicant to replace an existing stable and barn with the proposed greenhouse with the condition that no retail or public sales would be made from the location. The Special Permit did not prohibit and, in fact, acknowledged the historic and continued use or presence of storage on the property. Applicant then submitted an application for a Building Permit to construct the greenhouse and storage facility, which, at that time would supply the needs of the commercial enterprises of Sherburne Associates (Applicant's predecessor-in-interest). Building Permit No. 1688-80 was issued for the construction of a commercial greenhouse and commercial storage facility on December 15, 1980 (attached hereto as Exhibit B). The greenhouse and storage facility were constructed in or around 1981 and subsequently, a Certificate of Occupancy was issued for the "Greenhouse and Storage Facility" and dated January 31, 1992. The current owner has been continuously and consistently using the Premises in the same manner, providing a greenhouse and storage space for on-island businesses. The property is currently leased for use by Nantucket Tents, which continues to use a portion of the property for commercial storage purposes. At no time has the Premises operated as a retail establishment or made sales to the public directly, as is prohibited by the Special Permit. Recently, after operating for over thirty (30) years in the same manner, with the necessary Special Permit, Building Permit, and Certificate of Occupancy on record, Applicant received an Order to Cease, Desist, and Abate (the "Order" attached hereto as Exhibit C) from the Nantucket Zoning Enforcement Officer, Marcus Silverstein, on May 5, 2014 (the "Order") which cited the following violation: 1. §139-33A: Alteration of a pre-existing, nonconforming commercial use without the required special permit. Further, the Order directs NIR to "[a]pply for and receive the required special permit through the Zoning Board of Appeals for the alteration of the pre-existing, nonconforming commercial use of the property." Applicant hereby appeals the Order for the following reasons: (1) the existing Special Permit provides that the Premises can be utilized as a nonconforming commercial use in the R1 district; (2) the Special Permit provided for the construction of the commercial greenhouse without prohibiting the continued use of the property as a commercial storage facility; (3)the necessary Building Permit and Certificate of Occupancy both clearly permit the commercial greenhouse and the commercial storage facility; (4) since the permitted and certified commercial greenhouse and commercial storage facility have been in existence, the Premises has continuously been utilized in the same manner, with continued adherence to the condition that the Premises not be used as a retail establishment or make sales to the public directly; (5)the violation cited in the Order is not specific as to how the Applicant has altered the pre-existing, nonconforming use of the Premises; and (6) even if it were determined that a violation of the Special Permit had been committed, the applicable statute of limitations of six years, prescribed by both the Massachusetts General Laws Ch. 40 A §7, and the Nantucket Zoning Bylaw §139.25 (C)(2), has long-since expired. However, should the Board elect not to withdraw the Order, then in the Alternative, Applicant seeks to amend the existing Special Permit, to allow for the continued pre-existing non-conforming use including the current uses of the Premises. The Special Permit recognized and memorialized that the Premises had historically been considered as a"non-conforming use in a residential area in that various business activities ha[d] been conducted on the property for many years." At the time the Special Permit was issued there were miscellaneous storage facilities located on the property in addition to a barn and stable. The original request was to demolish the barn and stable and erect a commercial greenhouse for use by Sherburne Associates, which was allowed under the Special Permit. The Premises, which includes a commercial greenhouse and adjoined commercial storage building, has never been altered from the uses allowed by the Special Permit as it was originally issued for commercial use. The present use of the Premises conforms with the Special Permit in that it currently provides commercial greenhouse and commercial storage space leased for use by on-island businesses, but does not act as a retail establishment for selling any products or services to the public. The Building Permit application submitted shortly after the Special Permit was issued clearly includes a request for a storage facility as well as greenhouse. The Building Permit was issued. Subsequently, a Certificate of Occupancy was issued that clearly allows for use of both the commercial greenhouse and commercial storage facility on the Premises in accordance with the Special Permit. The Premises has been in continuous use for over twenty (20) years since the Certificate of Occupancy was issued, and the Applicant and local businesses have historically relied, and presently rely, on the available commercial greenhouse and commercial storage facility on the Premises to conduct their business and further, have relied on the fact that the Premises is appropriately permitted and certified for occupancy. Neither the Applicant, nor any occupant of the Premises, has altered the pre-existing nonconforming use of the Premises. Nevertheless, should the required specifics of the alleged violation be made known to Applicant, the Order is barred by the applicable statute of limitations and therefore can have no effect. Massachusetts General Laws Ch. 40A § 7 provides in part: "... if real property has been improved and used in accordance with the terms of the original building permit ..., no action ... to compel the abandonment, limitation or modification of the use allowed by said permit or the removal, alteration or relocation of any structure erected in reliance upon said permit by reason of any alleged violation ..., shall be maintained, unless such action, ... is commenced ... within six years next after the commencement of the alleged violation of law; Further,the Nantucket Zoning Bylaw, §139.25(C)(2) provides in part: "... if any real property has been improved and used in accordance with the terms of the original building permit issued by the Building Inspector, no action, criminal or civil, the effect or purpose of which is to compel the abandonment , limitation or modification of the use allowed by said permit . . . by reason of any alleged violation of the provisions of this chapter shall be maintained, unless such action, suit or proceeding is commenced and notice thereof records in the Nantucket County Registry of Deeds within six years next after the commencement of the alleged violation of law. Such notice shall include . . . adequate identification of the structure and the alleged violation." (Emphasis added). Prayer for Relief Applicant, Nantucket Island Resorts LLC, requests that the Nantucket Zoning Board of Appeals, pursuant to Chapter 139-29 E. (1) (b), overturn the decision of the Nantucket Enforcement Officer to issue an Order to Cease, Desist and Abate, as described hereinbelow or in the alternative pursuant to Chapter 129-29 E. (2), Modify the existing Special Permit benefiting the Premises pursuant to Chapter 139-33 A. (4) (a) and (b). State below or attach a separate addendum of specific special permits or variance relief applying for: Applicant seeks to appeal Order to Cease,Desist,and Abate,issued by the Zoning Enforcement Officer on May 5,2014.The summarized violation is cited as the"Alteration of a pre-existing,nonconforming,commercial use without the required special permit." Applicant hereby states that no violation has occurred nor Is any additional relief required,as the property has been in continuous use under the Special Permit as a commercial greenhouse and commercial storage facility,Specifically,the Special Permit Issued on May 23, 1880 provides for the construction and operation of a commercial greenhouse on the premises,for which a Building Permit for the greenhouse with a commercial storage building was Issued on December 15, 1980.A Certificate of Occupancy for the permitted commercial greenhouse and commercial storage facility was subsequently Issued on January 31, 1092.The commercial greenhouse and commercial storage building have been in continuous use since that time and have not been altered in any way that does not conform with the Special Permit and Certificate. I certi fy that the information contained herein is substantially complete and true to the best of my knowledge,wider the pains and penalties of perjury. SIGNATURE: —dm Owner* SIGNATURE: f" iI Applicant/Attorney/Agent* *Ilan 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 Clerk:_/J_Planning Board:_/_/_Building Dept.:_/_/_By: Fee deposited with Town Treasurer:_/_/_By:_Waiver requested: Granted:__/_/. Hearing notice posted with Town Clerk:_/_/_Mailed: /.__/ Hearing(s) held on:, /^/__.Opened on Continued to:_/_/_\\rithdrawn:_/.._,/._..Decision Due By: /_/_ Made:__/_/_.Filed w/ own Clerk:_/_/_Mailed:_/_/^ 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile EXHIBIT A I' • '•I; WARD OS',APP4.18 it Nantucket, Mas£iachust #t . ii bllei g. : stir .. F'• At a regular: meetaxig oh •ttre BOARD of Ai'i !T. •, heid txa use Nl •'.. ; , `} 1980, at 3:00 PM. at the '.t 4' 1 Arm CJCJt1hY.i.V BUlTD3110 .�'n 1�`1 ,rtBri ;,;;. .ter• «:,.. i; of the application of E, .t' TRAP, ET U (013.80) ,.aft " . ''• deliberation, the Board found: ' :1. This is an application for a Special: Permit to allow oonsixuc-' ition aril.cop ration of a greenhouse on property on Cherry street; in lar4 aloe/ zoned Resi eetrfitrt 1, .The pxoperty Ilefei consists of a • hate cgeneous mix of mult •residential, private stable, and miscellaneous storage'facilities. It is•proposed that the stile : and barn be ti:lscoittitilucd and a greenhouse be constructed. =t 1 2, The intended use is for operation of a greenhouse to supply the .) need of Sherburne .Associates for its commercial. entea prises wi rh' Iout, harrower, making retail sales to the.publie, The greenhouse ' ; • ' r itself aril], be 60' x 44' and will be sufficiently landscaped to t enhance the nei.gt orhocd, Xt is apparent. that the present use of the pzopert ' i s a non»c�a 4rntiy use in a resident le]. area in that vaxi.ous isaness activities have it n conduct ton tine property for icy years. The Board, alter: consiclexa .en of the eViaenao . • } alit the prowled use,/ has determined that the greenhouse will be ; . • j, used for the private purposes of the owners) furthermore(Its construction and operation will not. be tre the,detxiirental to e, . l • li neighborhood than the present use of the property. , 'If 3, Therefore, the Spec.lal Permit for construction and operation of a private greenhouse on the property on Cherry Street, recorded ' r in Deed Book ill, Page 363, and Deed Bock'll0, Page 510, is ' cgxcurted tdth the condition that no retail or public sales shall. be made from this location, by unanimous vote of the Board. i. r .r• i}t ((2 . ( 9 1, -'.(t &7)1'1,.. . } . 111, ". --?C:‘,:eZeA-L.,k-ii (4t-&-e-at . - . , 1 EXHIBIT B 2 : 1 t.t) .,,_ L______ • • . , • ) .(4...., a, ,..„,-- m ....i mirrn .. 11 :„4101%,-1 O ■ ® (/) :1.) > • --I ilk. �;. ,ri• I-11 p� m 'v lit r — n1 ry� •'-. .-,, iy�t `s; Yet Ll N 4a r f1 f7J yYt3'ae, z W tail (j m Y.. f .:OW: :0 iY Los O !1:5_ © 1 �`i : (...,.. .�I ICI Lil °°' çi_ ; I ® - • = 0 . H a I It s c)• 1111Pi 411 ,� (� 3`11 • • ,. _-• /• r°Ill W (c , c) .0 /A 1}} cm ›, ✓V��a !fit ..•�t.1t��'. S<r• 1-j/ ��•<0��1 VJ i„�< p� i��• r.iq ,!. `!f�fa�4stf� . l •:<:: • 0` XI —1 ?Im/ 4/ 0 0 © r 1 :e t o e;, } ,, M V� 0 �r/1 (1 11/ls 1• ,l. 6!_� t d _ .\. a 0 —I H .rrm7ig % ,' • (i'} d 00 0 s•�t.�l� rye N ›. 0 0 ni n p� 0 Q m, qq i5i a :., 'c—I ;(3:1 2 ii x :;)\ m 1 (!1 //7//�� '� rl�i •am -1 �t' • `, Aovy J%3t at W r...< � �7 � � � � �s i ....),:,..-1 • t of %.1 • "`Im © r ,k" ° (f) "TT Y_;: >5' CAA l rt. •fy L� }. 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M • (t) rn Z —1 0 (I) fkk” l EXHIBIT C 1 /0,(00----`.-:: 1 .,,,,, -) ./.v.:+-v:A,,,/ Notice of Zoning Code And Order to Cease, Desist, Violation • and Abate Mr,/Mrs,/Ms,Nantucket Island Resorts,c/o Henry Wyiter,and all persons having notice of this order: As owner/occupant of the premises/structures located at 20 Cherry St, (Map#55,parcel#378,5), you are hereby notified that you are in violation of§139.33A of the Nantucket Zoning Code and are ORDERED this date, 05/05/2014,to: 1, IMMEDIATELY CEASE AND DESIST all functions connected with this violation on or at, the above mentioned premises, Summary of §139-33A:Alteration of a pre-existing,nonconforming Violation commercial use without the required special permit. 2. COMMENCE,within five (5) days,action to abate this violation permanently. Summary of Action Apply for and receive the required special permit through the to Abate Zoning Board of Appeals for the alteration of the pre-existing, nonconforming conunerolai use of the property. Zoning violations may result inz.fuzes of up to$300 per day, as allowed in,5139-25 of the Zoning Code, If you are aggrieved by this notice and order,you may show cause as to why you should not be i required to comply by filing an appeal with the Nantucket Zoning Board of Appeals,as specified in §139•31 of the Zoning Code,within thirty(30)days of this order, By order, Marcus Silverstein Zoning Enforcement Officer Town of Nantucket 2 Fairgrounds Road • Nantucket,MA 02554 • 508-228-7298 facsimile I t r A (} r ,- ) t ,J S� {t -� -r .,--. 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H 0 0 (( (( (( (( O ro a C CD N es,s TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: April 29, 2015 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 40-14 Current Owner/Applicant: NANTUCKET ISLAND RESORTS, 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. NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 55, Parcel 378.5 Certificate of Title No. 18414 20 Cherry Street Lots 2 & 3 Residential One (R-1) Land Court Plan No. 41107-A DECISION: 1. At public hearings of the Nantucket Zoning Board of Appeals opened at 1:00 P.M on Thursday, December 11, 2014, Thursday, January 22, 2015 and closed on Wednesday, February 18, 2015 at 12:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of Nantucket Island Resorts, LLC, c/o Vaughan, Dale, Hunter, & Beaudette, P.C., Whaler's Lane, P.O. Box 659, Nantucket, Massachusetts 02554, File No. 040-14: 2. The initial application, filed with the Zoning Board of Appeals in July 8, 2014, consisted of an appeal, pursuant to Zoning Bylaw Sections 139-29 and 139-31, of a "Notice of Zoning Code Violation and Order to Cease, Desist, and Abate" issued by the Zoning Enforcement Officer on May 5, 2014. The "Notice" asserted a violation of Section 139-33.A of the Zoning Bylaw with regard to the alteration of a pre-existing, nonconforming commercial use without the required special permit. Upon recommendation by both the Planning Board and Zoning Board of Appeals, Appellant submitted an amended application on September 11, 2014, which expanded the initial request. The revised application requested, to the extent necessary, modification to prior or new Special Permit relief pursuant to Section 139-33.A(1) in order to allow commercial storage on the premises by Nantucket Tents, the current Lessee. For various reasons, the applicant requested and was granted several continuances, and the hearing was not officially opened until December 11, 2014. The Locus is situated at 20 Cherry Street, is shown on Nantucket Assessor's Map 55 as Parcel 378.5, and as Lots 2 and 3 on Land Court Plan 41107-A. Evidence of owner's title is recorded at Certificate of Title 18414 on file at the Nantucket County District of the Land Court. The site is zoned Residential 1 (R-1). 3. Our Decision is based upon the application and accompanying materials and representations and testimony received at the public hearing. At a hearing on September 8, 2014, the Planning Board made the recommendation that the Zoning Board of Appeals 2 apply the "Powers Test" in making a determination as to the granting of relief for continued commercial use upon the premises. Two abutters expressed concerns regarding the continued commercial use of the Locus which is in a residential zoning district. 4. The locus was granted a Special Permit in Decision No. 013-80 ("1980 Decision"), recorded in Book 176, Page 87 on file with the Nantucket Registry of Deeds. The relief allowed for construction and "operation of a greenhouse to supply the needs of Sherburne Associates for its commercial enterprises" [...and to] be used "for the private purposes of the owners". The Board of Appeals original filing for the 1980 Decision states, "Intended use is to discontinue stable and storage facilities uses and construct a greenhouse for private use." The 1980 Board made a determination that the proposed greenhouse operation would constitute a"private use". On May 1 2014, a letter of complaint from an abutter was received by the Zoning Enforcement Officer ("ZEO"). The letter alleged violations of the use allowed in the 1980 Decision and stated that the use of the site by Nantucket Tents had resulted in an change and/or intensification of use. On May 5, 2014, the ZEO issued a "Notice of Zoning Code Violation and Order to Cease, Desist, and Abate" ("Order"). The initial appeal of the Order was filed in July 2014 and modified to include a request for Special Permit relief, to the extent necessary, in September 2014. 5. The alleged changes and/or intensification of use from greenhouse for private use to both commercial and storage uses may be examined according to the "Powers Test". The Powers Test is a 3-pronged method used to establish 1) whether the use of property is protected as nonconforming, and 2) whether a change of use may be allowed. While the use of the locus for the commercial greenhouse, although not an allowed use in the Residential 1 zoning district, was granted relief in the 1980 Decision, an existing use may lose the protection afforded a non-conforming use for failure to satisfy the following criteria: 1. Does the use reflect the nature and purpose of the use prevailing when the zoning bylaw took effect? a) The 1980 Decision contains language asserting a non-conforming use at the time of its issuance; "It is apparent that the present use of the property is a non-conforming use in a residential area in that various business activities have been conducted on the property for many years." b) This property is sited in and abutted on two sides by the Residential 1 zoning district, and on the other two sides by the Residential Commercial and Mid-Island Planned Overlay zoning districts. 2. Is there a difference in the quality of character as well as the degree of use? a) The use of the premises for operation of a greenhouse for private purposes of the owners was more compatible with the prevailing residential nature of the surrounding area. The 1980 Decision contained the following statement; "The greenhouse itself will be a 60' X 44' and will be sufficiently landscaped to enhance the neighborhood." 3 b) According to the abutter's letter to the ZEO, Nantucket Tent's operation has "exceeded" the use allowed in the 1980 Decision and had a noticeable detrimental impact on the residential neighborhood. The abutter alleges that Nantucket Tents is violating the condition that no retail activity take place on site. He further claims that the greenhouse use was abandoned years ago. Pursuant to Section 139-33.C: • Nonconforming uses and structures abandoned or not used for a period of three years shall not be reestablished. 3. Is the current use different in kind in its effect on the neighborhood? a) The prior commercial use as a greenhouse never resulted in any complaints from abutters. b) According to the abutter's complaint, the current Nantucket Tent operation has led to traffic congestion, and generated more trash and noise than the prior approved use, which did not result in the same types of disturbances and may therefore have resulted in less of an impact on the area. 6. Attorney Richard Beaudette represented the applicant at the hearings. The abutters who expressed opposition to the existing use attended the December 11, 2014 and the February 18, 2015 hearings. The current tenant, Andy Grennan, who owns and operates Nantucket Tents, and Zoning Enforcement Officer, Marcus Silverstein, spoke at the hearing on February 18, 2015. 7. At the initial hearing on December 11, 2014, Attorney Beaudette described the history of and current use upon the premises. Attorney Beaudette explained that a garage storage structure, also a green house, is currently used by Nantucket Tents ("Tenant"), which leases the premises from owner Nantucket Island Resorts, LLC ("NIR"), to store approximately twenty-five tents on the property from May through October. There is a small office on site. At the time of the original filing, the property was owned by Ernest and Catherine Tripp who conveyed to Sherburne Associates shortly after the hearing in June 1980. Sherburne Associates, later Winthrop, and now Nantucket Island Resorts, LLC have owned the subject property since 1980. Attorney Beaudette upheld that the successive owners have continuously operated a commercial activity. According to Building Permit No. 1688-80 issued to Sherburne Associates, the uses included a greenhouse for the "growing of plant material for Sherburne Associates use only" and "storage of equipment, fertilizer, etc."A 2004 Building Permit application to "reconfigure existing area to make private offices" was filed, although no Certificate of Occupancy was issued for this permit. Attorney Beaudette maintained that the property has been used commercially since well prior to enactment of the Zoning Act, with on-site storage for over thirty years. The permitted uses consist of a greenhouse and storage facility. Although the greenhouse use has diminished over time, some part of this structure and the premises have been used for maintenance facilities and storage on a continuous basis since the 1980 Decision. The current use is consistent with the 1980 relief and has never been abandoned. Furthermore, 4 the 1980 Decision stipulated that the operation upon the premises would not be comprised of a retail establishment open to the public. This condition has been met by the Tenant who does not encourage patrons to come to the site and conducts no retail activity upon the premises. Attorney Beaudette addressed the thresholds of the Powers Test as more appropriate for a use that existed prior to the Bylaw and was never issued special permit relief He requested that the Board make a determination that the current use is not more intense than the use allowed in 1980 Decision, or in the alternative, the Board grant relief by Special Permit to allow a change of use. Sitting members of the Board noted that the 1980 Decision clearly established that the property was to be used by Sherburne Associates as a greenhouse for the private purposes of the owners. Concern was raised that "private use" does not necessarily allow for parsing out a property for rent to various tenants, which appears to be the intent of the owner. Furthermore, the 1980 Decision itself does not explicitly contemplate storage. Attorney Beaudette pointed out that the issue for the neighborhood at the time was protecting against a retail use which would bring customer traffic to the area and therefore the Board contemplated relief for a greenhouse and ancillary storage without approval of retail activity. At the close of the hearing on December 11, 2014, the Board made a motion to grant a continuance to allow the applicant/appellant to return with a specific proposal and detailed site plan which would provide information regarding proposed commercial uses, hours of operation, parking, outdoor storage, and screening. Any decision by the Board to allow continued commercial use upon the premises would entail a finding that the proposed, or existing, use would not be more detrimental to neighborhood than the use approved in the 1980 Decision. 8. At the hearing on January 22, 2015, the attorney explained that the owner seeks permission for the current Tenant to continue use of the property through the 2015 summer season, at the close of which the Tenant will leave the premises. The owner is requesting to be able to retain commercial use of property after the current Tenant's Lease is terminated. Attorney Beaudette explained to the Board that the owner did not consider the use by Nantucket Tents, an island business on which other island businesses rely, to be an intensification of the previously approved use. At the close of the hearing, it was suggested that the Board ultimately issue one decision which would incorporate a time limit for the tent business on the site, after which said use would be eliminated and a new approved use would commence or the previously approved use would continue in full compliance with the terms of the 1980 Decision. The hearing was continued to allow for submission of a more detailed site plan. 9. The final hearing was held on Wednesday, February 18, 2015 at noon. Attorney Beaudette submitted a site plan, entitled "Site Plan to Accompany Zoning Board of Appeals Application", dated February 11, 2015, prepared by Blackwell & Associates Inc., a reduced copy of which is attached herewith as "Exhibit A", showing outdoor storage to the rear of property. The attorney reiterated that the owner is requesting either relief by Special Permit or Modification of prior relief in order to allow Nantucket Tents 5 to remain operational upon the premises for the 2015 season only. Thereafter, the commercial use on the property would revert back to storage for the private use of the owner (NIR). The commercial activity upon the premises would not involve a day-to-day operation such as exists with the current Tenant. Rather, the anticipated use would be of a more intermittent nature and not substantially more detrimental to the neighborhood. An abutting property owner spoke at the hearing. He suggested a dialogue about rezoning the lot for commercial activity, or a determination that the property shall revert back to a conforming residential use. The Abutter noted that the greenhouse use is obsolete and has been replaced with tractor-trailer and boat storage. Upon request by the Board, the ZEO, present at the hearing, explained his interpretation of the issue of an abandoned use pursuant to Section 139-33.C. The 1980 Decision granted relief for an alteration or expansion of a pre-existing nonconforming use, therefore permitting the already established use (storage) on the site. Any substantial alteration to that pre-existing nonconforming use requires modification to the prior Special Permit or relief by a new Special Permit. The violation came about because it appeared that there was a substantial change to the pre-existing nonconforming use. The ZEO maintained that an alteration which would substantiate a need for additional ZBA approval, but for which approval was not sought, would not result in an abandonment of the pre-existing nonconforming use unless it could be shown that there was no commercial use for three consecutive years. The pre-existing nonconforming use for the property was not as a greenhouse. It was simply commercial. There were horse stables and a farm. The abandonment of the use of the property would entail abandonment of the commercial use, not the specific use. As to the current activity by Nantucket Tents, the ZEO asserted that the operation does constitute an intensification of previously approved use and, therefore, does require relief from this Board. 10. Therefore, after due deliberation, the Board made an initial finding to uphold the Order, confirming that the applicant/appellant was in violation Section 139-33.A of the Zoning By-law. The Board further found that the appellant had taken the required steps to seek the necessary relief by Special Permit to allow for further alteration and expansion of the pre-existing nonconforming commercial use, previously validated by the 1980 Decision. 11. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board of Appeals made the following motions to: 1) UPHOLD the "Notice of Zoning Code Violation and Order to Cease, Desist, and Abate" issued by the Zoning Enforcement Officer on May 5, 2014; and 2) Grant the requested relief by SPECIAL PERMIT, pursuant to Nantucket Zoning By-law Section 139-33.A upon the following conditions: 6 a. That the hours of operation upon the premises shall be; i. 9am to 5pm Monday through Saturday ii. loam to 5pm on Sundays b. That there shall be no loading or unloading of trucks on site prior to 10am on any given day, although workers may arrive to take trucks off site as early as 9am; c. That there shall be no amplified music and any noise generated by the operation on site shall be minimized so as not to cause disturbance to the surrounding neighborhood; d. That there shall be a split rail fence delineating the northern property line along Cherry St. and along the easterly lot line with abutting property shown on "Exhibit A" as land "N/F of Brian& Francis Vail"; e. That the stairs which currently encroach on the Vail property to the east shall be removed; f. That all storage trailers on the site shall be removed by November 1, 2015; g. That the Lease between owner (NIR) and current Tenant (Nantucket Tents) shall be terminated as of November 15, 2015; h. That access to the property shall be maintained using a driveway traversing property shown as 94 Pleasant St., also owned by NIR; i. That parking shall be as shown on "Exhibit A"; j. That the existing loading area shall be retained in northwest corner of lot, as shown on"Exhibit A"; k. That the use by Nantucket Tents will cease on or before November 15, 2015, at which point the use on the site will revert to full compliance with the use as granted in prior Special Permit and, as such, any storage on the premises shall be accessory to greenhouse use only; 1. That all other conditions of prior Special Permit shall remain in full force and effect at the end of the term of this permit(November 15, 2015); m. That any changes to the relief granted herein shall require further relief from this Board. .SIGNATURE PAGE TQ FOLLOW 7 "EXHIBIT A" < co d-2Q I '0'37 m Q wp ri q Kgo -,$,� w W m '!I \\'\ ilgil gi XP l•N H 9p -g. .. o f G b o:1i]il < W gi gg,*,4,111 €� x =-r te-'3 \9\ / e a \ / / A.0 is v �� N 1 6 / i� -11 41 F5 z // t'� 57 Log,JU241 F{ N fil o 0 _ Rp �a \ <O / a 'Y 'tA 24 ' _ --hi \\OI i!` / /\\ : .,46' 1'tr I / �k� +,gyp tn` CAA e Q r�io,: N3�7 tea. 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O'Mara Perim Ko atac A,AL /s" ark Poor G eoffrey Thayer COMMONWEALTH OF MASSACHUSETTS County of Nantucket, ss On the a day of , 2015, before me, the undersigned notary public, personally appeared (ti , 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. Official ignature nd Seal of Notary Public M ; LESLIE WOODSO 'SNELL `L 1 y_ ' NOTARY PU LtC j :Q MMON NELLTH of MASSACHUSETTS j 8 •r - t;y ;or rn.Expires Sept.28,2018