HomeMy WebLinkAbout043-14 1 Perry LaneFee: $450.00
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
File No
Owner's name(s): __� , L ' 1 3,ti'-f MN4
Mailing address:T% � ��t�� Lb.
Phone Number: n `�3 87 E- Mail:, . L. iAc t-( AA.,Lzie , e. d8R.
Applicant's name(s): __= �UfAIAV i
Mailing Address: SA af_--
Phone Number:_ E -Mail: G-1, qp
Locus Address: V�U �+`} Assessor's Map /Parcel:
Land Court Plan /Plan Book & Page /Plan File No.: LfA — PL--2001 -51
Deed Reference /Certificate of Title: JZonina District_, r 7�
Uses on Lot- Commercial: None Yes (describe)
Residential: Number of dwelling Duplex Apartments
Date of Structure(s): all pre -date 7/72 or
Building Permit Numbers:
Previous Zoning Board Application Numbers:
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:
• R
1
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*
SIGNATU
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:—/—/— Planning Board:_ /_ /_ Building Dept.:_ /_ /_ By:_
Fee deposited with Town Treasurer:—/—/— By: Waiver requested:
Granted:_ /_ /_ Hearing 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Continued to:_ /_ /_ Withdrawn:_ /_ /_ Decision Due By:_ /_ /_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:—/—/—
2 Fairgrounds Road Nantucket Massachusetts 02554
508 - 228 -7215 telephone 508- 228 -7298 facsimile
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20NING CUSSIFlCATION:
MINIMUM LOT SIZE: OT SUE: [NTIAL COMMERCIAL 21
5000 S.F.
MINIMUM PRONTAGE: 4a
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FRONT YARD SCTBACK: 1 a
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RFAR I SIDE YARD SEBACK: S'
MN1MUM GROVNp CDV[RAGt: SOR
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RECORD OWNER:
ANCY PERRY
`
2G BAROER ROAD
NANTUCKET, MA D2554
NOTE:
me FUNNING BOARD - [!ERMINES mAT LOTS
TKRU > DO NOT CONTAIN AREAS SUBIel TO
PROTELTON UNDER me MASSACNUSETTS
Wri NOS PROTECTION ACT WNICn ARE RE-
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mC A-U." ZONING BY -LAW BUT STILL MAY
Bt 5UBIECT TO FRDTB-ON UNDER 5TATC AND
LOCAL W LAND BY-LAWS. DMWINATON OF
APFLICABIUTY MAY BE ""'N" "'UGC APF-
L—ON TO mE CONSERVATION COMMISSION.
PLANNING BOARD ENDOR5EMENT DOES NOT
CONSTRUT[ A DETERMINATION OF CON --ANCr
UN- ERZONING
I CERTIFY THAT Tn15 PUN HA BEEN PREPARED IN
CONFORMT' Won Try[ RULES R REGUUTONS OP
m[ REGI5TRAR9 OF DEEDS OF mE COMMONW[
OF MASSACNVSETTS.
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PLAN OF LAND
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JOB NUMBER: DATE: sH[[T NUMBCR:
OG -105 12 -27 -2006 ANR -I
WELLEfR * ASSOCIATES
I G45 FALMOUTH RD., SURE 4C - P.O. BOX 417 CENTERVILLE. MA 02632
2 WINDY WAY, #232 NANTUCKET, MA 02554
TEL.: (508) 775 -0735 - FAX: (508) 775 -0754
EMAIL tnsweilcr(BCOmast.net
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NANTUCKET PLANNING BOARD
APPROVAL NOT REQUIRED
UNB p SUBDIVISION CONTROL LAW
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DATE 51GNED: Era - „7/ - X1,0 oaf
FILE NUMBER:
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NANTUCKET PLANNING BOARD
APPROVAL NOT REQUIRED
UNB p SUBDIVISION CONTROL LAW
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DATE 51GNED: Era - „7/ - X1,0 oaf
FILE NUMBER:
3�QtapNTUCkF�9 ,
Al TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 0;554
Date: September 12, 2014
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 043 -14
Current Owner /Applicant:
JOHN L. NEWMAN
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 67, Parcel 902
1 Perry Lane
Residential Commercial — 2
DECISION:
Book 1351, Page 311
Lot 3
Plan No. 2007 -31
1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday,
August 14, 2014, at 1:00 P.M., 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made
the following decision on the application of JOHN L. NEWMAN, 14 Friendship Lane,
Nantucket, Massachusetts, 02554, File No. 043 -14:
2. Applicant is requesting Special Permit relief pursuant to Bylaw section 139 -7(a)
to construct a commercial structure to be used as a Contractor Shop with interior storage,
warehousing, and Light Manufacturing of furniture on site. The second floor will be used as an
office ancillary to the commercial operation. The locus will be conforming as to all setbacks,
frontage, ground cover, open area, and parking. Applicant is also requesting, to the extent
necessary, Minor Site Plan Review pursuant to Bylaw section 139 -23. The Locus is situated at
1 Perry Lane, is shown on Assessor's Map 67 as Parcel 902, as Lot 3 on Plan No. 2007 -31.
Evidence of owner's title is recorded at Book 1351, Page 311 on file at the Nantucket County
Registry of Deeds. The site is zoned Residential Commercial 2 (RC -2).
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. There was no
opposition, written or oral, to the application.
4. John L. Newman represented himself at the hearing. The Applicant reviewed the
proposal with the Board and discussed the relief requested. Similar relief has been granted to
other properties along this private roadway. Applicant has been granted HDC approval, per
Certificate of Appropriateness No. 61051, for the proposed Contractor Shop to be used for Light
Manufacturing of furniture. Applicant proposes to build a 1,717 square foot commercial structure
with an ancillary office on the second floor and no residential use on the site. The proposed use
is allowed by Special Permit and the Site Plan meets the dimensional, parking, and open space
requirements of the zoning bylaw. Pursuant to Section 139 -12.B regarding properties located in
the Public Wellhead Recharge overlay district, applicant obtained a Certificate of Water Quality
Compliance from Wannacomet Water Company.
1
Applicant initially proposed a brick surface covering 505 square feet (or 10 %) of the
5,054 square foot lot. Pursuant to Section 139 -16.E regarding Open Area requirements, "brick
sidewalks may be counted as open area up to a maximum of 10% of the lot or site." However,
applicant is now proposing to install wood - decking in the place of brick. He states that he
discussed this option with the Zoning Enforcement Officer who informed him that this
alternative would be acceptable.
5. The Board raised concerns about hours of operation, the location of a dumpster
for construction debris, outdoor storage, and screening. The proposed hours of operation for the
workshop will be lam to 7pm Monday through Saturday. Applicant requests no restriction on
hours of operation for the office. Applicant explained that the dumpster and any outdoor storage
would be located in the enclosure adjacent to the underground propane tank. This enclosure will
be screened by a fence. As to screening, he will erect a solid board fence varying in height from
3.5 feet to 6 feet along the western and southern perimeter of the lot. The fence height varies in
relation to the sloping topography of the land. Applicant owns the lot directly abutting to the
north and does not intend to erect a fence along that lot line. There will be a vegetative buffer
screening the parking area.
6. Therefore, after a discussion with the Applicant, the Board finds that the proposed
use is consistent with the mixed use character of the neighborhood and that a dedicated off - street
loading zone is not required for this site due to the proposed use and scale of this project. The
Board finds that the requested relief is in harmony with the purpose and intent of the Zoning
Bylaw.
7. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board GRANTS the
requested Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139 -7(a) and Minor
Site Plan Review pursuant to Bylaw Section 139 -23 to allow the applicant to build a commercial
structure to be used as a Contractor Shop with interior and exterior storage, warehousing, Light
Manufacturing of furniture, and accessory office. The relief will be subject to the following
conditions:
a. The following uses are permitted on the site: contractor's shop, light manufacturing
of furniture, exterior and interior storage, and warehousing, with accessory office;
b. The open space requirement of 20% shall be maintained as shown on the attached
plan;
c. All dumpsters and exterior storage receptacles shall be enclosed by an approved
board fence not less than six (6) feet in height and located on the southeast side of the
structure;
d. A fence along the western and southern property lines providing screening between
the subject site and the abutting properties to the west and south shall be installed and
maintained as shown on the attached plan;
e. Vegetative screening shall be provided on the perimeter of the parking area
constructed upon southeastern corner of the premises so as to screen said parking
2
area but not obstruct the view of vehicles entering and exiting the premises along the
northeasterly side of said the locus;
f. The hours of commercial operation of the workshop, as described above, shall be
between 7:00 A.M. to 7:00 P.M., Monday through Saturday with no hours of
operation on Sunday. The second floor office shall have unrestricted hours of
operation;
g. Air conditioning shall be installed so that windows and doors may be kept closed
during hours of operation to mitigate the impact of ambient noise on the
neighborhood;
h. There shall be no parking on the private way known as Perry Lane of vehicles
associate with the applicant's business;
i. Commercial vehicles associated with the applicant's business that are parked on the
premises shall not back out onto the private way known as Perry Lane;
j. Applicant shall provide three parking spaces, screening, and an apron on to Perry
Lane, substantially as shown on the site plan entitled, "Proposed Conditions Site Plan
to Accompany Zoning Board of Appeals Application ", prepared by Blackwell &
Associates, Inc., dated September 11, 2014 a reduced copy of which is attached
hereto as "Exhibit A ", and approved by UNANIMOUS vote of this Board on August
14, 2014, pursuant to Section 139 -23;
k. The proposed work shall be in substantial compliance with Certificate of
Appropriateness No. 61051 granted by the Historic District Commission;
1. All site improvements shall be installed and maintained as shown on "Exhibit A ".
SIGNATURE PAGE TO FOLLOW
3
Assessor's Map 67, Parcel 902
1 Perry Lane
Residential Commercial — 2
Dated: 13(QkMVlW !l UIy
County of Nantucket, ss
Book 1351, Page 311
Lot 3
Plan No. 2007 -31
ich 1 J. O'Mara
Kerim Koseatac
COMMONWEALTH OF MASSACHUSETTS
On the avjottA, of }C1'VL%y��; 2014, before me, the undersigned notary public, personally
appeared ' Tb d L t , 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.
"vv
fficial Signature and Seal of Notary is
My commission expires LYNELL D. VOLLANS
* Notary Public
Commonwealth of Massachusetts
My Commission ExpiTs
December 28, 2018
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