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Form 3 -89
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
December 18 , 1989
To: Parties in interest and others
concerned with the decision of the
Board of Appeals in Application No.ohg -_U
Of: Pamela J. Marken, as trustee of MAP Realty Trust
Enclosed is the decision of the Board of Appeals which has
this day been filed with 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 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.
t_! -•-� -. �- vYSra-
Willi m R. Sherman, Chairman
cc: Town Clerk
Planning Board
Building Commissioner
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS
DFCTSTnm
The Nantucket Board of Appeals, at a public hearing held at
the Town and County Building, Broad and Federal Streets, Nantucket,
on Friday, December 8, 1989, at 1:00 P.M., upon the application
of PAMELA J. MARKEN, as Trustee of MAP REALTY TRUST (068 -89),
made the following DECISION:
1. This is an application for a Special Permit under Nantucket
Zoning By -law Section 139-9.B(3) (b) , to conduct storage and
warehousing. The applicant further requests variance relief from
Section 139- 18.F(1)(c), to reduce required driveway width from
the 20 feet therein required to 12 feet, at the entrance of a
driveway to Teasdale Circle. (Another variance request, from the
requirement under Section 139 -19.0 that loading bays not infringe
upon required front yard setback, was withdrawn by the applicant
at the time of hearing.) The subject property (the "Locus ") is
located at 17 Teasdale Circle (Assessor's Parcel 69 -68), is shown
on Land Court Plan 14342 -P as Lot 51, and is zoned as Residential
Commercial -2.
2. The applicant proposes to construct a new building upon
the Locus, which is now vacant land. The ground floor of this
building is proposed to be used as a warehouse and storage facility
for food and related products. An area will be set aside on the
Teasdale Circle (southerly) side of the building for the required
loading bay; this will be wide enough for two vehicles, and the
extra space in this area will double as parking area for two
cars. The second floor of the building will eventually contain
two dwelling units; it is to be noted, however, that the applicant
recognizes that only one dwelling unit may be placed upon the
Locus, under applicable conditions imposed by the Planning Board
in connection with subdivision approval and under a scheme of
deed restrictions, until the Locus is served by a public sewer.
An additional parking area, containing five spaces, will be located
to the west of the building; and will be served by a driveway
leading from Teasdale Circle. Applicant intends to comply with
the the requirement that 200 of the Locus be left as open area,
imposed by By -law Section 139 -16.F for commercial uses not
consitituting "major commercial developments" under Section
139- 9.B(4).
3. As to the requested special permit, we have no difficulty
in finding, and do find, that the proposed use of the Locus for
warehousing and storage of food and related products will be in
harmony with the general purpose and intent of the By -law, and
will not violate Section 139 -20, so long as the conditions set
forth in this decision are met.
/ -Y 7- > }/,.. r /
4. We turn next to the requested variance as to driveway
width. With the Locus being narrower in frontage than in depth,
and granted that all vehicular access must be from Teasdale Circle
(another condition of subdivision approval), special difficulties
are imposed in connection with the provision of both a loading
bay and required parking spaces. (We agree with the Applicant's
calculation of seven required parking spaces: four for the 3,640
square feet of warehouse space; one for the projected maximum of
three on -site employees; two for the eventual two apartments.)
Under these circumstances, provision of a driveway 20 feet wide
would only increase the already substantial extent of paved vehicular
entrances along Teasdale Circle.
5. At the hearing, it was noted that, although not specifically
applied for, the Applicant needs further variance relief for the
project as proposed, in that Section 139 -18.F also requires, for
parking spaces of five spaces or more, that there not be more
than one driveway per 100 feet of street frontage. Loading bays
do riot come under this requirement; however, two of the Applicant's
parking spaces are accessed through the loading bay area. We
believe that literal application of this section of the By -law
would be practically impossible for the Applicant to meet, and
would accomplish nothing in the light of the fact that the loading
bay can be 'of any width. Thus, there would be no need for any
relief if no parking spaces were accessed through the loading
bay, and the driveway and loading bay could be immediately adjacent..
This would give the appearance of a wide continuous driveway
entrance, which Section 139-18.F(l) (c) attempts to avoid by limiting
driveway width to 24 feet. (If access from Hinsdale Road were
available, separation of parking access from the loading bay
would be possible; however, the Planning Board's imposition of
restrictions against such access prevents this.) We find that
the scope of notice in this case is sufficient to enable us to
grant relief as to spacing between driveways, particularly since
this relates to a section of the By -law which is included in the
application herein.
6. For these reasons, we find that variance relief as discussed
herein may be granted, and that, owing to circumstances relating
to the shape of the Locus (shorter in frontage than depth, and
able to be accessed only from Teasdale Circle) , and especially
affecting the Locus but not generally affecting the zoning district
in which it is located, a literal enforcement of the By -law would
involve substantial hardship to the applicant (in that interrelation
of various dimensional requirements would otherwise seriously
interfere with use of the Locus for purposes contemplated by the
By -law) , and that desirable relief may be granted without substantial
detriment to the public good and without nullifying or substantially
derogating from the intent or purpose of the by -law.
7. The relief hereby granted is subject to the following
conditions:
a. Only one dwelling unit shall exist upon the Locus
until it is lawfully connected to a public sewer.
Al
b. The Applicant shall plant vegetative screeing along
the northerly (Hinsdale Road) boundary of the Locus. '
C. No violation of By -law Section 139 -20 shall be made,
permitted or suffered to exist by the Applicant, her successors
in title, or those claiming by, through or under her.
d. The building and exterior improvements to the Locus
shall be completed substantially in conformity to the plan attached
hereto as Exhibit A.
8. For the reasons herein stated, and subject to the foregoing
conditions, this Board, by unanimous vote of the four members
sitting, grants to the Applicant a Special Permit under Section
39- 9.B(3) (b) for construction and use of a warehousing and storage
facility for food and related products and a Variance from Section
139-18.F(l) (c) to reduce the width of a driveway to 12 feet, and
to relieve the limitation to only one driveway entrance per 100
feet of frontage.
Dated: , 1989. ��� �.-►•� c:.ti
Will'am R. Sherman
7
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Linda F. Williams
A/G. alas
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(dda /35 /Markenl)
An '0d6w- 12// 6/'i
NOTICE
A Public Hearing of the BOARD OF APPEALS will be held on
FRIDAY, DECEMBER 8, 1989, at 1:00 P.M. in the TOWN and COUNTY
BUILDING, FEDERAL and BROAD STREETS, NANTUCKET, on the Application
of PAMELA J. MARKEN, Trustee of MAP REALTY TRUST, (0(5 -89), seeking
a SPECIAL PERMIT under Zoning By -Law Section 139- 9.B(3)(b), for
storage and warehousing. Applicant further requests a VARIANCE
from the requirement under Section 139 -19.0 that loading bays not
infringe upon required front yard setback, in order to enable
placement of the building as far as possible from Hinsdale Road,
and further requests a VARIANCE from Section 139- 18.F(1)(c), to
enable driveway width of 12 feet at entrance only, because of
aesthetic conditions. Relief is requested in connection with
proposed construction of facility for warehousing and distribution
of food and related products. The premises are located at 17
TEASDALE CIRCLE (Assessor's Parcel 69 -68) , Land Court Plan 14342 -P,
Lot 51, and are zoned RESIDEN^1IAL COMMERCIAL-2.
i
William R. Sherman, Chairman
BOARD OF APPEALS
amc 46 /MARKEN
BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS Date
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554
CASE No -
APPLICATION FOR RELIEF
Owner's name(s) : Pamela T Marken -- of MAP Realty Try
}St -
c/o Reade & Alger Professional Corporation PO Box 2669,
Mailing address: 6 Young'. s WaT,, Nantucket, Mass°~ Pftc 05"R4
Applicant's name: Same
Mailing address:
_.._.---------- - --
Location of lot: Assessor's map and parcel number 69 - 68
Street address: 17 T asdale Circle__ -
-,«t Land Ct Plan, Plan WE & PEg 8F r°^ Rile 14342 -P Lot51
er 31 2 Zoning district R
Date lot acquired: jj_4 -6e _�— g �
Uses on lot - commercial: None or Food warehousing and MCD ?-NG--
distribution
- number of: dwellings 2 duplex_ apartments_ rental rooms
Building date(s) : all pre -8/72? — or (Vacant land) C of O ?_
Building Permit appl'n. Nos.
Case Nos. all BoA applications, lawsuits: 010 -88 (withdrawn
State fully all zoning relief sought and respective Code sections
and subsections, specifically what you propose compared to present
and what grounds you urge for BoA to make each finding per Section
139 -32A X if Variance, 139 -30A -,- if a Special Permit (and 139 -33A
if to alter or extend a nonconforming use). If appeal per 139-31A
-K -B _ , attach decision or orderl appealed. OK to attach addendum .
Applicant requests a Special Permit under By -law Section 139 -9.B (3)(b), for
storage and warehousing in connection with proposed construction of a facility
for warehousing and distribution of food and related products. Applicant further
requests a Variance from Section 139 -19.C, requiring loading bays not to fringe
upon required front yard setback, in order to enable placement of building
as far as possible from Hinsdale Road. Applicant further requests a Variance
from Section 139 -18.F (1)(c), to enable driveway width, at the entrance only,
of 12 feet because of aesthetic considerations, rather than 20 feet as required
by the by -law.
Items enclosed as part of this Application: orderl addendum2
Locus map x Site plan.y showing present +planned X structures
Floor plans present proposed X elevations X (HDC approved ?_)
Listings lot area frontage setbacks_ GCRT parking data
Assessor - certified addressee list 4 sets X mailing labels 2 sets
?8g200 fee payable to Town of Nantucket_ proof 'cap' covenant
(if an appeal, ask Town Clerk to send Bldg Comr's record to BoA.)
I certify that the requested information submitted is substantially
complete and true to the best of my knowledge, under the pains and
penalties of per' r
SIGNATURE• _ Applicant Attorney /agent X
3(If not owner or owner's attorney, enclose proof of authority)
FOR Bo FFICE USE /
Application copies rec d: 4— or for BoA on / ,� �Y�
$
r complete?
One copy filed with Town Clerk on 7 �' Y p lete? —
One copy each to Planning Bd and Building Dept-Zj/L?j-k3bY -&
$200 fee check given Tow/n - Treasurer on�/— S5by (=�aived ?-
Hearing notice posted � bmailedy/O� I & M�/22�
Hearing(s) one_/_ cont' d to--/__/_, �_/_ withdrawn ?__/_/_
Decision due bye_/_ made_f _J_ filed TC_/--/_ mailed__/__/_
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