HomeMy WebLinkAbout048-14 5 Perry LaneTOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
AUG 11 2014
APPLICATION
FOR SPECIAL PERMIT /OR/
MODIFICATION OF SPECIAL PERMIT NO.S 052 -98, 060 -02, 008 -03
Fee: $450.00
Owner's name(s)
Kevin Conrad
File No.-48-14
Mailing address: 4 Pine Tree Road Nantucket Massachu etts 02554
Phone Number: 508 - 228 -6211 F—Mail: kevinAconradhvac.com
Applicant's name(s): Kevin Conrad
c/o Attorney Joseph M. Guay
Mailing Address: P.O. Box 1294, Nantucket, Massachusetts 02554 -1294
Phone Number. 508 - 825 -9099 g_M?il; josephmguay aol.com
Locus Address: 5 Perry Lane Assessor's Map /Parcel: 67/112.3
Land Court Plan /Plan Book & Page /Plan File No.: Plan Book 22/Page Z7./Lot 7
Book 1438, Page 83
Deed Reference /Cw_ -dfi G[afxTHe; Zoning District RC-2
Uses on Lot- Commercial: None Yes (describe) Storage / Wa r e h o u s in g — First Floor
Residential: Number of dwellings Duplex Apartments 2 — Second Floor
Date of Structure(s): all pre -date 7/72 or
Building Permit Numbers:
Previous Zoning Board Application Numbers: 052-98/060-02/008-03
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 Addendum Attached
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*
Jo p M. uay, Attorney for Kevin.Conrad
J1utVn1 UItr -. v �.�- Applicant /Attorney /Agent*
Jo M Guay, Attorney for Kevin Conrad
*If an Agent is re entin 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:–L/– 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Continued to: — /_/_ Withdrawn:—/—/— Decision Due By:_/_/_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 :_ /_f_ Filed w /Town Clerk.---/—/— Mailed:_/_/_
2 Fairgrounds Road Nantucket Massachusetts 02554
508- 228 -7215 telephone 508- 228 -7298 facsimile
ADDENDUM
Application for Special Permit
or
Modification of Special Permit Nos. 052- 98/060- 02/008 -03
Kevin Conrad
5 Perry Lane
Nantucket, Massachusetts
Nantucket Assessors Map 67, Parcel 112.3
Minimum Area:
Minimum Frontage:
Front Yard Setback:
Rear /Side Yard Setback:
Ground Cover Ratio:
APPLICANT/PROPERTY
ZONING CLASSIFICATION
RC -2 District
5,000 Sq. Ft.
40 Ft.
10 Ft.
5 Ft.
50%
Existine
10,002 Sq. Ft.
60 Ft.
63.9 Ft.
5.6 Ft. (Nearest Point)
20%
Kevin Conrad (hereinafter referred to as the "Applicant ") is the title owner of the real
estate known and numbered as 5 Perry Lane, Nantucket, Massachusetts (hereinafter referred to
as the "Property ") as evidenced by a deed recorded at the Nantucket Registry of Deeds on June
11, 2014, in Book 1438, Page 83. The subject Property is currently zoned Residential
Commercial ( "RC -2 ").
ZONING BOARD OF APPEALS RELIEF SOUGHT:
Applicant seeks relief by Special Permit from the Nantucket Zoning Board of Appeals
(hereinafter referred_ to as the "Board ") pursuant to Nantucket Zoning By -Law Section 139 -30
for uses allowed by Special Permit pursuant to Section 139 -7A in order to allow the use of the
structure existing on the Property for (i) first (P) floor commercial storage and warehousing use
with ancillary office in connection with a heating and air - conditioning business, and (ii) second
(2n) floor residential use (two [2] dwelling units each with two [2] bedrooms).
In the alternative, Applicant seeks relief by Modification of previously issued Special
Permit Nos. 052 -98, 060 -02 and 008 -03, for the change of use of the first (1S) floor commercial
storage and warehousing from a previously approved food items business and delivery service to
commercial storage and warehousing of heating and air- conditioning equipment and supplies and
ancillary office use in connection thereto. The second floor residential dwelling use remains
unchanged.
Applicant also requests Special Permit relief to validate the 14' X 35' loading zone, the
six (6) 9' X 20' parking spaces, gravel driveway and loading /parking area, concrete apron,
boundary fencing, split -rail fence, privet hedge, wood timber retaining wall and 20 %+ open
space as shown and sited on the Minor Site Review Plan prepared by Michael Connolly &
Associates, Inc., dated June 26, 2014, accompanying the Application and submitted herewith.
To the extent necessary, and in the event the Board finds that the six (6) parking spaces
calculated and determined by the 1,900 sq. ft. of commercial gross floor area (Principal and
Accessory Uses "C ") and two (2) dwelling units each with two (2) bedrooms are insufficient,
Applicant seeks Special Permit relief from Section 139 -18 to reduce or waive the parking
requirements.
COMMERCIAL/RESIDENTIAL USES:
Applicant owns and operates a heating and air - conditioning business. Applicant uses the
first (1 ") floor space for commercial storage and warehousing of heating and air - conditioning
equipment and supplies and the ancillary office space for Applicant's Office Manager employee.
Applicant's business presently has five (5) employees, however, only the Office Manager works
in the ancillary office and the other employees work on project job sites.
Applicant states that the Property /Locus is located in the RC -2 Zoning District and the
neighborhood is characterized by mixed uses of commercial businesses and residences. The
Applicant believes the nature of his business (heating and air - conditioning equipment storage
and supplies and warehousing) would have less of an impact on the commercial use of the
Property/Locus than the previously approved food item storage and warehousing and delivery
service and would not be substantially more detrimental to the neighborhood.
SPECIAL PERMIT #052 -98:
PREVIOUSLY GRANTED RELIEF
UNDER SPECIAL PERMIT #052 -98
The Board previously granted Special Permit relief to applicant Demosthenes A. Marken
and Pamela J. Marken ( "Marken ") for first (1st) floor commercial storage and warehousing use
and delivery of food items with ancillary office and second (2"d) floor residential use for two (2)
dwelling units. The Board Decision required Marken to provide a loading zone, five (5) parking
spaces, screening, a gravel parking area and an asphalt apron substantially as shown on an
attached Site/Plot Plan prepared by John J. Shugrue, Inc., dated May 6, 1998, revised June 4,
1998, and subject to conditions set forth in the Decision.
SPECIAL PERMIT #060 -02:
PREVIOUSLY GRANTED RELIEF BY
MODIFICATION OF SPECIAL PERMIT 4052 -98
The Board previously granted relief by modification of prior Special Permit #052 -98 to
applicant Marken to . allow heating /venting/air- conditioning systems and refrigeration
compressors to be located on the exterior of the existing structure and used in connection with
Marken's food item service and elimination and reconfiguration of parking spaces and other
related relief. The Board Decision required Marken to maintain the existing structure and
provide parking and screening substantially as shown on an attached Site Plan prepared by
Burnham Engineering, Inc., dated April 16, 2002, and subject to conditions set forth in the
Decision.
SPECIAL PERMIT #008 -03:
PREVIOUSLY GRANTED RELIEF BY
MODIFICATION OF SPECIAL PERMIT #052 -98
The Board previously granted relief by modification of prior Special Permit #052 -98 and
Special Permit #060 -02 which previously modified #052 -98, to applicant Marken to allow a
change in the siting and width of a curb cut and leasing of the Property to a new tenant operating
a commercial business for distribution of dry goods. The Board Decision found that the
commercial use by the tenant would be in harmony with the general purpose and intent of the
Nantucket Zoning By -Law and validated the new, substituted attached Site Plan prepared by
Burnham Engineering, Inc., dated January 9, 2003, and subject to conditions set forth in the
Decision.
SPECIAL PERMITIVARIANCE RELIEF REQUESTED:
Applicant respectfully requests the Board to either (i) grant a new Special Permit
superseding previously granted Special Permit #052 -98, as modified by Special Permit #060 -02,
and modified by Special Permit #008 -03, or (ii) grant a further modification of #052 -98 (as
previously modified by 4060 -02 and #008 -03) to:
1. Substitute and validate the Minor Site Review Plan prepared by Michael Connolly
& Associates, Inc., dated June 26, 2014 under Nantucket Zoning By -Law Sections 139 -18, 139-
19 and 139 -20, as necessary, relative to the 14' X 35' loading zone, the six (6) 9' X 20' parking
spaces, gravel driveway and loading/parking area, concrete apron, boundary fencing, split -rail
fence, privet hedge, wood timber retaining wall and 20 %+ open space as shown and sited on said
Minor Site Review Plan.
2. Grant relief under Nantucket Zoning By -Law Section 139 -30 to allow for first
(1") floor commercial heating and air - conditioning equipment and supplies storage and
warehousing use with an ancillary office and second (2"d) floor residential use of two (2)
dwelling units, subject to any conditions deemed reasonable and appropriate for such mixed
commercial and residential uses.
3. To the extent necessary, waive any parking requirements under Section 139 -18, in
the event the Board determines that the existing six (6) off- street/on -site parking spaces as shown
on the enclosed Minor Site Review Plan are insufficient.
em
Town of Nantucket
Zoning Board of Appeals
RECEIVED
BOARD OFASSESSORS
JUN 2 3 2014
TOWN OF
NANTuCKEr MA
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
PROPERTY OWNER ......
.�f /f�/i{�
MAILING ADDRESS...... ...
PROPERTY LOCATION ......... -���' ` . ....................
. .
ASSESSOR MAP/PARCEL...... 6 .1../�j
SUBMITTED BY......
SEE ATTACHED PAGES
I certify that the foregoing is a list of all persons who are owners of abutting
property, owners of land directly opposite on any public or private street or way;
and abutters of the abutters and all other land owners within 300 feet of the
property line of owner's property, as they appear on the most recent applicable tax
list (M.G.L. c. 40A, Section 11 and Zoning Code Chapter 40A, Section 139 -29B
(2)•
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Michael Kalman Moises A. Argueta, et al John P. Murray
PO Box 154 PO Box 3689 6 Appleton Road
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Russell Simpson George and Diane Metcalfe Cheryl A. Correia
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Norman F. Reith, et al
c/o Kevin J. Griswold Richard K. Decker, et al John E. and Adele Hobby
14 Woodland Drive 9 Luff Road 2388 Quaker Church Road
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Kerry Hallam Wayne E. and Nancy A. Morris Cees K. and Elyse M. Campbell
PO Box 2188 PO Box 58 2 Greglen Avenue, PMB No. 341
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Robert W. and Candida King, Robert J. O'Brien, Trustee Gerardo A. & Portillo Celina
Trustees Chester Trust Nolasco
PO Box 337 12 Westview Terrace PO Box 3506
Siasconset, MA 02564 -0337 Woburn, MA 01801 Nantucket, MA 02584 -3506
Henry Mont Frank J. Day Wet Sand, LLC
PO Box 2256 PO Box 1374 PO Box 1602
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Thomas P. and Heather L. Coffin Hartley G. Batchelder, III Donna Doran
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Ira Midatlantic LLC
f /b /o Patrice Gallagher Patrice Gallgher William L. Congelton & Kirt Metcalfe
25 South Carroll St., Suite 250 333 East 79th Street, Apartment 18R 2 Greglen Avenue, PMB No. 236
Frederick, MD 21701 New York, NY 10021 Nantucket, MA 02554
Amy Gifford, et al
3329 N. Seminary Avenue
Chicago, IL 60657
Cees K. Campbell
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Nantucket, MA 02554
Frederick W. Ulmer, III
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Alexander M. Comen
Peter B. Lochtefeld
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Jose S. and Norma Alicia Tejada
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9�°ORAZ�� TOWN OF NANTUCKET n _ V
BOARD OF APPEALS,,,, 1 �� I 13 7
NANTUCKET MASSACHUSETTS 02554.
Date: December 18, 2014
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 48 -14
Current Owner / Applicant: KEVIN CONRAD
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 112.3
5 Perry Lane
Residential Commercial — 2
DECISION:
Book 1438, Page 83
Lot 7
Plan Book 22, Page 77
1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, September
11, 2014, at 1:00 P.M., 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following decision on the application of KEVIN CONRAD, c/o Attorney Joseph Guay, Post
Office Box 1294, Nantucket, Massachusetts, 02554, File No. 048 -14:
2. Applicant is requesting Modification of prior Special Permit relief (Board of Appeals
Decisions 052 -98, 060 -02, and 08 -03) or, in the alternative, a new Special Permit pursuant to
Bylaw Sections 139 -30 and 139 -7(a) to allow the use of the first floor of the existing mixed -use
structure for commercial storage and warehousing with an ancillary office in connection with the
operation of a heating and air - conditioning business. The residential use on the second floor,
containing two dwelling units, will remain unchanged. The locus will be conforming as to all
dimensional requirements of the zoning bylaw. Applicant is further requesting Minor Site Plan
Review pursuant to Bylaw section 139 -23 and, to the extent necessary, a waiver of the parking
requirements pursuant to 139 -18. The Locus is situated at 5 Perry Lane, is shown on Assessor's
Map 67 as Parcel 112.3, and as Lot 7 on Plan Book 22, Page 77. Evidence of owner's title is
recorded at Book 1438, Page 83 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 one letter from an
abutter requesting a condition specific to prohibiting on- street parking. There was no oral
opposition to the application.
4. Joseph Guay represented the applicant at the hearing. Attorney Guay reviewed the
history of the property. Locus benefits from prior relief in 1998 (see File No. 052 -98 on file with
the Registry of Deeds at Book 599, Page 220), with subsequent modifications in 2002 (see File
No. 060 -02 on file with the Registry of Deeds at Book 822, Page 40), and 2003 (see File No. 08-
03 on file with the Registry of Deeds at Book 822, Page 48), all relating to the prior owner's
business. The first floor of the mixed -use structure was formerly associated with the storage,
warehousing and delivery of food items. The 2002 modification pertained to changes in some of
the conditions originally imposed. The 2003 modification pertained to allowing the owner to
2
lease a portion of the premises to a tenant with a like -kind commercial operation and approved
Site Plan review.
Attorney Guay reviewed the proposal with the Board and discussed the relief requested.
Applicant is seeking either approval of a new special permit which would supersede the prior
permits or, in the alternative, a third modification of the original permit. Applicant is specifically
requesting that the Board grant approval of a change of use for the first floor of a 1,962 square
foot mixed -use structure to allow for commercial storage and warehousing of supplies and
equipment with ancillary office in connection with the operation of a heating and air -
conditioning business; the site plan showing existing conditions; and a parking waiver of one
space. There will be one office employee with other employees going to and from the site for
pick -ups and deliveries. The use of the second floor will remain unchanged, retaining two
residential dwelling units, each with two bedrooms. The commercial and residential uses on the
site would require seven (7) parking spaces. Similar relief has been granted to other properties
along this private roadway. The proposed uses are allowed by Special Permit.
5. The Board raised concerns about prohibiting the fabrication of ducts on the premises and
thereby restricting the use of the premises to storage and warehousing. The Board noted that
there is an existing access driveway with no apron, running along the northern property line from
the street to the parking area to the rear of the structure. The existing concrete apron has been
installed to provide direct access to the parking and loading zone area in the front of the
structure. The Board asked applicant for clarification that they are not proposing to add another
apron or curb cut for proper ingress and egress servicing the existing gravel driveway. The Site
Plan submitted with the application shows a sixty (60) foot length driveway cut. Applicant
confirmed that they will erect a split -rail fence along the portion of the front yard lot line
adjacent to the existing apron, thereby limiting the premises to the single existing curb cut. The
Board requested that the applicant submit a revised Site Plan clearly showing the single existing
apron and the proposed fencing.
The Board and the applicant discussed which of the restrictions imposed in prior decisions
would continue to be imposed in connection with the relief requested herein. They specifically
addressed the parking, vegetative screening and fencing off of the dumpster and property
borders, operating hours, and the prohibition of outdoor storage, on- street parking on Perry
Lane, and retail sales.
6. Therefore, after a discussion with the Applicant, the Board finds that the proposed uses
are consistent with the mixed use character of the neighborhood and that a waiver of one (1)
parking space would be in harmony with the general purposes and intent of the bylaw and would
not be contrary to sound traffic, parking, or safety considerations. 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 Sections:
• 1397(a) Allowing a change of use of the first floor of the existing mixed -use
structure to be for interior storage and warehousing with ancillary office in connection
with the operation of the heating and air - conditioning business;
3
■ 139 -18.1) Granting a parking waiver of one space;
■ 139 -23 Pertaining to Minor Site Plan Review
The relief will be subject to the following conditions:
a. The following uses are permitted on the site:
i. First floor commercial use with storage and warehousing of supplies and
equipment and ancillary office in connection with operation of an air -
conditioning and heating business; and
ii. Second floor residential use with two dwelling units, each containing two
bedrooms
b. All dumpsters and trash receptacles shall be enclosed by an approved board fence not
less than six (6) feet in height;
c. There shall be no more than three commercial vehicles associated with the
Applicant's business stored on the Premises at any given time;
d. There shall be no outdoor storage of goods and materials related to the Applicant's
business;
e. The structure shall be enclosed on the north, west, and south sides, running the
perimeter of the property lines from the front building line of the structure rearward,
by a board fence; and vegetative screening and/or a split -rail fence shall be provided
on the perimeter of the parking area so as to screen said parking area but not obstruct
the view of vehicles entering and exiting the premises from/to Perry Lane;
f. The hours of commercial operation of the first floor warehouse shall be between 7:00
A.M. to 7:00 P.M., Monday through Saturday with no hours of operation on Sunday.
The ancillary office shall have unrestricted hours of operation;
g. There shall be no parking on the private way known as Perry Lane of vehicles
associated with the applicant's business;
h. There shall be no retail sales on the premises;
i. Applicant shall provide six parking spaces, a 14 X 35 Loading Zone, screening, and a
single apron, substantially as shown on the site plan entitled, "Minor Site Plan
Review of Land in Nantucket, MA. ", prepared by Mike Connolly & Associates, Inc.,
dated June 26, 2014, revised on December 11, 2014, a copy of which is attached
hereto as "Exhibit A ", and approved by UNANIMOUS vote of this Board on
September 11, 2014, pursuant to Section 139 -23;
j. All site improvements shall be installed and maintained as shown on "Exhibit A ".
SIGNATURE PAGE TO
.......... ................
4
Assessor's Map 67, Parcel 112.3
5 Perry Lane
Residential Commercial — 2
Dated: 7tftPAb4V ��_ U14
County of Nantucket, ss
Book 1438, Page 83
Lot 7
Plan Book 22, Page 77
Susan McCarthy
Kerim Koseat c '�5K'
ZA4W . ;�
Michael Angelastro
Mar Poor
COMMONWEALTH OF MASSACHUSETTS
On the day of e co—m W' , 2014, before me, the undersigned notary public, personally
appeared f—d wawd "too R_ , 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 p�9llurposes therein expressed.
k� V �IVUV_
Offici Si ature &II gf �i blic
My common expiredotary Public
:f -�;, ,; Commonwealth of Massachusetts
+, my Commission Expires
December 28, 2018
1"EXHIBIT A"
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