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HomeMy WebLinkAbout142-86.i I L+'D - T(-e TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 December 1$, 1986 Re: JOHN AND PATRICIA ARAKAWA, FOR THEMSELVES AND OWNER NASHAWENA REALTY TRUST (142 -86) Enclosed, please find notice of a decision of the BOARD OF APPEALS which has this day been filed with the Town Clerk. Any appeal from this action shall be made pursuant to Section 17 of Chapter 40A of the General Laws, and shall be filed within twenty (20) days after this date. t William R. Sherman, Chairman BOARD OF APPEALS BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, DECEM- BER 12, 1986 at 1:30 p.m. in the Town and County Building, Nantucket, made the following Decision upon the Application of JOHN AND PATRICIA ARAKAWA, FOR THEMSELVES AND OWNER NASHAWENA REALTY TRUST (142 -86) address Hyde Properties, 840 Summer Street, Boston, MA. 1. Applicants seek relief by SPECIAL PERMIT or by APPEAL pursuant to Zoning By -Law SECTION 139 -31A and B to undertake, as a "Customary Home Occupation ", the custom cabinet - making which Applicant John Arakawa has engaged in for some 4 years at another residential location. The instant premises are located at 74 MILK STREET EXTENSION, Assessor's Parcel 56.6.19 Plan Book 23, Page 38, Lot 3 in the RESIDENTIAL -2 zone. 2. Our findings are based upon the Application papers, correspon- dence and testimony at our hearing. We find that Applicant John Arakawa ha.s for some 4 years past, carried on as his sole occupation a custom cabinet - making activity. He proposes to continue this activity at the premises after purchase. As described by him, his work is normally from 9:00 a.m. to 5:00 p.m., about 50% in his workshop and the remainder at job sites where cabinetry is to be installed. He uses hand tools, also such equipment as table saw, shaper and radial arm saw. No employee is involved. Applicants have one vehicle, used both in this occupation, e.g., picking up lumber or other supplies and making deliveries, and for family purposes. Perhaps once or twice a month, a delivery is made to his shop. Otherwise, vehicular arrivals at his shop place are occasional, e.g., by a contractor or owner - client. He presently has his shop area in a detached, uninsulated accessory building. 3. In a proposed continuation of this craft -type vocation at the premises, likewise in a residential area but zoned for 20,000 SF minimum lot size rather than 5000 SF as at the present site, Applicants propose a fully- enclosed, insulated shop area. For climate- control (heating) efficiency, dusty air will not be vented to the outdoors but filtered to (142 -86) -2- remove the dust and clean air passed through a heat exchanger. Any retail activity (as distinguished from the custom cabinet - making itself) will be limited to a space up to 100 SF but not more than 10% of the total ground cover at the premises. Other conditions for Special Permit relief for a Customary Home Occupation, Section 139 -2 and specifically subsection (4)(f) of the definition, will be respected. 4. For relief by Special Permit, we must find that the proposed activity is in harmony with the general purposes and intent of the zoning chapter, and may impose conditions to insure this. First, however, we note that relief through appeal is not deemed appropriate here. Applicants' counsel by 11/20/86 letter of record noted the Building Commissioner's unwillingness to make of record an advisory opinion on whether the pro- posed cabinet making was a Customary Home Occupation properly accessory to their single- family dwelling use (hence, permissible in a residential district). We read Section 139 -31A as requiring Applicants.to be ag- grieved by inability to obtain a permit (not applied for here) or by an order or decision of the Building Inspector in violation of our zoning chapter or the State's Zoning Act. We are not persuaded that an "advisory opinion" is a "decision" triggering a right of appeal., at least not in the present circumstances. 5. We do not regard custom cabinet - making as a "neighborhood ser- vice establishment ", although it bears similarities to "upholsterer's shop and the like" for which Special Permits are available under Section 139- 8B(2). 6. Applicants responded to neighborhood concerns with noise, parti- cularly in the summertime, by noting that the entire activity will be confined year -round within an insulated space. Noise - generating machinery will be operated only during the daytime hours of 9:00 a.m. to 5:00 p.m. To allay concerns with a possible growing commercial activity in the established residential neighborhood, no employees will be engaged in cabinet - making on the premises. These specific conditions, taken with those in Section 139 -2 applicable to all "Customary Home Occupations ", Y� (142 -86) -3- support our finding that the proposed custom cabinet- making meets the noted requirement for grant of a Special Permit. The Planning Board's recommendation was favorable. We are supported in this by unsolicited favorable testimony of Applicants' present neighbor, an attorney very familiar with our zoning code's requirements. We find harmony with the general purposes and intent of the zoning chapter. 7. Accordingly, by UNANIMOUS vote, this Board GRANTS to Applicants the requested SPECIAL PERMIT under SECTION 139 -2, subject to the condi- tions noted above. Dated: December 1$, 1986 Nantucket, MA 02554 � U1, ow, � William R. Sherman CAI. C. M rshall Be 1 Dale W. Waine .4� 40 NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, DECEMBER 127 1986 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Applica- tion of JOHN AND PATRICIA ARAKAWA, FOR THEMSELVES AND OWNER NASHAWENA REALTY TRUST (142 -86) appealing from the Building Commissioner in order to undertake, as a "Customary Home Occu- pation" (SECTIONS 139 -7A4 and 2- definition), a cabinet - making shop in a single- family residence to be acquired as their home, alternatively, a SPECIAL PERMIT under SECTION 139 -8B2 for such as a "neighborhood service establishment u The premises are at 74 MILK STREET EXTENSION, Assessor's Parcel 56 -6.1, Plan Book 23, Page 389 Lot 3 in the RESIDENTIAL -2 zone. t William R. Sherman, Chairman BOARD OF APPEALS FEE $10.00 Case No. APPLICATION TO THE BOARD OF APPEAL`S Nantucket, Massachuset',: `?'o the Members of the Board of Appeals: The undersigned hereby applies for relief from the terms of (ZON,—LD;G BY -T�pW) ( on property 6escribed below: Lcccktion of Property. ?'il]. : Street Extension Lot NO - 3 _Plan No. Book 23,_Page 38 Di ':rice is zoned for R -2 Single family dwelling; Type of structure (Existing or Proposed) or proposed use: wit a �a�inet making sh ObmFr s Name Allen Drescher, Trustee of Nashawena Realty Trust Owaer' s Address Hyde Properties, 840 Summer Street, Boston, Massachusetts - > Jul 1986• applicant is under contract to purcha wh n did you acquire this property. Y, � see below the proper Has application been filed at Building Department. Has any previous appeal been made? No is requested; 1) Appeal from decisi Section of By -Law or Code from which relief of Building Inspector interpretingg "Customary Home Occupation' sec. 0 Z_L S ecial Permit under sec. 139- 8B(2)•' - Reason for asking relief • Applicants would like to build their home on the property and also to have a cabinet - making shop there. The Building Inspector would not give us of "Customary Home Occupation" (see letters attached as Exhibit A)! a written interpretation but stated that he did'not consider the proposed use to be within that definition. As stated in our letter to Mr. Ulshoeffer, we believe that our proposed use should fall within g ature of applican I ` John Arakawa Patricia Arakawa ATTACH: (1) A list of the names and addresses of each abutting owner and owner abutting the abutters, and owners within 300 feet. (2) A check in the amount of $110.00 made payable to the T:,, ;7n of Nantucket. (3) Four copies of the application and a map or plan sho%Ang the location of the property to be considered. (4) If the applicant is other than the owner, please indicate your authority to make this application. BOARD'S DECISION A PP lication submitted to Board_ Advertising dates Hearing date(s) Decision of Board Decision filed with the Town Clerk --- ---- -- %< (Continued) that definition. Alternatively, we ask for a Special Permit under sec. 139 -9B(2) to allow our proposed use as a "neighborhood service establishment." November 18, 1986 Mr. Elbert Ulshoeffer Building Commissioner Town Annex Nantucket, Massachusetts 02554 Dear Mr. Ulshoeffer: We have contracted to buy the vacant land shown as Lot 3 on the attached plan from the current owner, Allen J. Drescher, Trustee of Nashawena Realty Trust. This property is located in an R -2 zone, has an area of approximately 21,998 square feet, and has 194 feet of frontage on Milk Street. We plan to construct a year round home for our family on this property as well as a carpentry shop for John's use in connection with his business as a cabinet - maker. His business entails reviewing the job sites and planning the cabinets desired with the contractor or the owner, construction of the units, and delivery and installation of the cabinets at the site. Of the stages involved in his profession, only the assemblage of the units would occur in the shop, the remainder of the work occurs at the home for which the cabinets are desired. The shop would be a separate in either building on the lot or attached to the house by a breezeway and both the house and the shop would, of course, conform to the dimensional requirements of the Zoning Code. Mr. Elbert U1_shoef fer November_ 18, 1986 Page Two Ts our proposed use permitted on this property as a "Customary Home Occupation"? We believe that the use of the shop could be treated as "the use of an accessory building for incidental work and storage related to an off- premises trade or occupation" as provided in section 139 -2 of the Zoning Code's definition of Customary Home Occupation. What is your interpretation of the section as it applies to our situation? As our purchase agreement has some tight deadlines, we would appreciate your written reply to our attorney, Melissa Philbrick at Vaughan.and Dale, as soon as possible. Thank you for your attention to this matter. Sincerely, John A �a Patricia A akawa ( � $.. ,� ` 0: \� r � a/ �� » § $ i {3 a !�, - �� \ m me / \ t { / \ \ q d\ \ . �(\ / [ \f\ 9 �w -- r � a/ �� >& ` � \ VAUGHAN AND DALE November 20, 1986 : D r. Elbert tilsllcef_fer, f,itiilding Corri�)issioner Town & County Duilding Annex 1road Street Nantucket, I.- ISE;achusetts 02554 RE: Arakawa Dear Nr. ulshoeff_e-r: This letter will confirm our conversation yesterday relating to the letter dated November 18, 1966 from John and Patricia rc �a regarC=inc; tht^ir proposed use of a lot on milk Street. You statec to rie that you were of the opinion that Jo_Zn's use of the Dremises for a shop in connection with his cabinet malting Dusiness as V,ell as a year- rounO, home would not fall within the Cefini_tion of "custor:a:ry home occupation" under the zoning coc.c�. You �.�erc, un��iliing, l.zowever, to give us a written state'.ment to tl1is effect- s `,qc discussec, the next step for my clients is to g0 to tiie C�<<rc; of on an appeal from your interpretation of �i this- nrovion, c clan to pursue that option. ATTORNEYS AT LAW EDWARD FOLEY VAUGHAN WHALERS LANE KEVIN F DALE NANTUCKET, MASS 02554 MELISSA D. PHILBRICK (617) 228 -4455 SARA V. GREENBERG November 20, 1986 : D r. Elbert tilsllcef_fer, f,itiilding Corri�)issioner Town & County Duilding Annex 1road Street Nantucket, I.- ISE;achusetts 02554 RE: Arakawa Dear Nr. ulshoeff_e-r: This letter will confirm our conversation yesterday relating to the letter dated November 18, 1966 from John and Patricia rc �a regarC=inc; tht^ir proposed use of a lot on milk Street. You statec to rie that you were of the opinion that Jo_Zn's use of the Dremises for a shop in connection with his cabinet malting Dusiness as V,ell as a year- rounO, home would not fall within the Cefini_tion of "custor:a:ry home occupation" under the zoning coc.c�. You �.�erc, un��iliing, l.zowever, to give us a written state'.ment to tl1is effect- s `,qc discussec, the next step for my clients is to g0 to tiie C�<<rc; of on an appeal from your interpretation of �i this- nrovion, c clan to pursue that option. 1, Ir. Flber_t ulshoeffer_, 3uilding rrom"i.ssioner November 20, 19 86 :'age Two Please let re know if you have any problems with the foregoing characterization of our conversation. Thank you for your time in ciscussing this matter with me today. Sincerely, ' IDP/pgi-i cc: John and Patricia Arakawa William Sherman, Chairman, BoarC of Appeals L TOWN OF NANTUCKET BOARD Or f:PPEALS of parties in interest in the matter of the petition of: Name h il1 -4f S cha (Usiec- ��I ck. lali? o' L-IL 1]h5f Address Property Address 1 �A \W- I certify the foregoing is a list of persons who are owners of I- abutting the property, owners of land abutting the abutters, of land directly opposite the property on any street or way, an(; owners of land within 300 feet of the property, all as they appca. on the most recent applicable TAX list. 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