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HomeMy WebLinkAbout010-90Form .► NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, ILA 02554 5 -89 © / 0 - `d April /0 , 1989 To: Parties in interest and others concerned with the decision of the Board of Appeals in Application No. 010,.90 of: Paul Bruce Killen Enclosed is the decision of the Board of Appeals which has this day been filed with the Nantucket Town Clerk. This decision [provides a clarification and not a modification - or - authorizes a Temporary Permit under zoning Bylaw Section 139 -26H]. r William R. Sherm<:inn; ' Chairman cc: Town Clerk Planning Board Building Commissioner i 9J � March 30, 1990 Board of Appeals Town of Nantucket Nantucket, MA 02554 Re: Members of the Board: e 3'30(4U C. Richard Loftin Attorney at .Jaw Application of Paul Bruce Killen (010 -90) This is a request for clarification of your decision in the above matter dated March 20, 1990. In Paragraph 6 of the decision you conditioned relief upon Applicant's siting the building about 20 feet north of that shown on the original site plan. However_, in response to an abutter's concern the Applicant in actuality had agreed to site the building about 20 feet in front of the abutter's dwelling, or about 50 feet north of that shown on the original s i ehalf of the Applicant, I request that you change the distance "about 20 feet" to "about 50 feet" to reflect the intent of the Applicant. Sincere C. Richard Loftin 48 Main Street Nantucket, Ma,S.SaC11L1SettS 02' 508-228-G222 NANTUCKET ZONING BOARD OF APPEALS NANTUCKET, MA 02554 At a public hearing on Friday, March 9, 1989, at 1:00 p.m. in the Town and County Building, Nantucket, on the Application (010 -90) of PAUL BRUCE KILLEN having an address at 36 -1/2 Cliff Road, Nantucket, MA 02554, the Nantucket zoning Board of Appeals made the following DECISION: 1. Applicant seeks a Special Permit under zoning Cede Sections 139- 9B(3)(b) and (c) to allow construction and use of a 2400 -SF, single -story building as a build --Is workshop and warehouse for building materials. 2. The premises are located at 81. Hinsdale Road, Assessor's Parcel 69 -021, Lot 141 of Land Court Plan 16514 -Y, and zoned Residential Commercial -2. 3. Our findings are based upon the Application papers including the site plan included in the drawings upon which is based Certificate of Appropriateness 20,070 granted 8/8/89 by the Historic District Commission. Further basis lies in the representations and testimony received at our hearing. 4. Applicant's Lot 141 of 0.52 acre includes a trapezoidal portion extending generally southwardly from Hinsdale Road and a narrow strip extending from the south lot line easterly parallel to Hinsdale Road, apparently to provide a measure of frontage on the improved Nobadeer Farm Road. Questions of frontage and regularity factor are not raised in these proceedings, so we proceed upon the assumption that the lot is buildable. 5. To meet the requirements of Section 139 -16F, the lot will be laid out with at least 20% open area. Provision is made for the requisite 3 off - street parking spaces and the loading area, as shown on the site plan. While the relief sought did not specifically address the question of open storage of materials and goods, we understand from Applicant that such open storage is foreseen. Section 139- 9B(3)(b) requires that such storage be properly screened. 5. South of the parking area will be the proposed 2400 -SF building, elongated north - south. As we understan, it, the building will be insulated, reducing the level of machinery noises released to the exterior. Applicant undertakes to remain in compliance with Section i_. 20, especially -20A, also with any applicable provisions of File No. 010 -90 Sections 139 -14A and B protective of sole - source aquife- recharge. Applicant intends to limit operations to times usual to this type of business. On this basis, we make the necessary finding that the use will not be in viclation of Section 139 -20. 6. To meet neighborhood concerns as to noise, we _onditi4 relief upon Applicant siting the building about feet,____ north of that shown on the above - referenced site plan, i.e., at the location shown on the new site plan, attached hereto as Exhibit 11611. Otherwise, the proposed building shall be in substantial conformity with the plans and elevations of Certificate of Appropriateness 20,070. 7. With the above -noted conditions, we understand that the Planning Board's recommendation is favorable and neighborhood concerns are addressed. The relief sought and here granted is found to be in harmony with the general purpose and intent of the zoning Bylaw. 8. Accordingly, by unanimous vote, this Board grants to Applicant the requested Special Permit under Sections 139- 9B(3)(b) and (c) to construct and use the proposed building as a builder's workshop and a warehouse for interior storage of building materials. Dated .-}f?QrL /O, 1990 JLiina OF. Williams Peter F. Dooley William R. Sherman Form 3 - °9 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 March 0?6 19 90 To: Parties in interest and others concerned with the decision of the Board of Appeals in Application No. 010_ 90 Of: PAUL BRUCE KILLEN 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. r William R. Sherman, Chai.=an cc: Town Clerk Planning Board Building Commissioner NANTUCKET ZONING BOARD OF APPEALS NANTUCKET, MA 02554 At a public hearing on Friday, March 9, 1989, at 1:00 p.m. in the Town and County Building, Nantucket, on the Application (010 -90) of PAUL BRUCE KILLEN having an address at 36 -1/2 Cliff Road, Nantucket, MA 02554, the Nantucket zoning Board of Appeals made the following DECISION: 1. Applicant seeks a Special Permit under zoning Code Sections 139- 9B(3)(b) and (c) to allow construction and use of a 2400 -SF, single -story building as a builder's workshop and warehouse for building materials. 2. The premises are located at 81 Hinsdale Road, Assessor's Parcel 69 -021, Lot 141 of Land Court Plan 16514 -Y, and zoned Residential Commercial -2. 3. Our findings are based upon the Application papers including the site plan included in the drawings upon which is based Certificate of Appropriateness 20,070 granted 8/8/89 by the Historic District Commission. Further basis lies in the representations and testimony received at our hearing. 4. Applicant's Lot 141 of 0.52 acre includes a trapezoidal portion extending generally southwardly from Hinsdale Road and a narrow strip extending from the south lot line easterly parallel to Hinsdale Road, apparently to provide a measure of frontage on the improved Nobadeer Farm Road. Questions of frontage and regularity factor are not raised in these proceedings, so we proceed upon the assumption that the lot is buildable. 5. To meet the requirements of Section 139 -16F, the lot will be laid out with at least 20% open area. Provision is made for the requisite 3 off - street parking spaces and the loading area, as shown on the site plan. While the relief sought did not specifically address the question of open storage of materials and goods, we understand from Applicant that such open storage is foreseen. Section 139- 9B(3)(b) requires that such storage be properly screened. 5. South of the parking area will be the proposed 2400 -SF building, elongated north - south. As we understand it, the building will be insulated, reducing the level of machinery noises released to the exterior. Applicant undertakes to remain in compliance with Section 139 -20, especially -20A, also with any applicable provisions of File No. 010 -90 Sections 139 -14A and B protective of sole- source aquifer recharge. Applicant intends to limit operations to times usual to this type of business. On this basis, we make the necessary finding that the use will not be in violation of Section 139 -20. 6. To meet neighborhood concerns as to noise, we condition relief upon Applicant siting the building about 20 feet north of that shown on the above - referenced site plan, i.e., at the location shown on the new site plan, attached hereto as Exhibit "A ". Otherwise, the proposed building shall be in substantial conformity with the plans and elevations of Certificate of Appropriateness 20,070. 7. With the above -noted conditions, we understand that the Planning Board's recommendation is favorable and neighborhood concerns are addressed. The relief sought and here granted is found to be in harmony with the general purpose and intent of the zoning Bylaw. 8. Accordingly, by unanimous vote, this Board grants to Applicant the requested Special Permit under Sections 139- 9B(3)(b) and (c) to construct and use the proposed building as a builder's workshop and a warehouse for interior storage of building materials. ,Larch March,20, 1990 f)4 Li da Williams Peter F. Dooley i�,r'ci r "rueG 7GC,,/1L,?�7i; "aw- ,���,�' - 2 - NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, MARCH 9, 1990, at 1:00 p.m. in the Town and County Building, Federal and Broad Streets, Nantucket, on the Application of PAUL BRUCE KILLEN ( 060 -90) seeking a SPECIAL PERMIT under SECTION 139 -9B (3)(b) and (c) to allow a proposed 2400 - square -foot building to be used as a builder's workshop and a warehouse for building materials. The premises are located at 81 HINSDALE ROAD, Assessor's Parcel 69 -21, Land Court Plan 16514 - Y, Lot 141, zoned RESIDENTIAL COMMERCIAL -2. BOA Form 1 789 NANTUCKET ZONING BOARD OF APPEALS _ TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 0(d -CrA CASE No. ` v APPLICATION FOR RELIEF owner's name(s): Paul Bruce Killen Mailing address: 36 1/2 Cliff Road, Nantucket Applicant's name: (sue) Mailing address: Location of lot: Assessor's map and parcel number 69 - 21 Street address: 81 Hinsdale Road Registry Land Ct Plan, Plan Bk & Pg or Plan File 16514 -Y Lot 141 C.T. 14120 Date lot acquired: X21 89 Deed Ref _, Zoning district RC -2 Uses on lot - commercial: None X or MCD? - number of: dwellingso duplex apartments rental rooms Building date(s): all pre - 8/72? or NONE C of O? Building Permit appl'n. Nos. Case Nos. all BOA applications, lawsuits: NONE 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 if Variance, 139 -30A x if a Special Permit (and 139 -33A if to alter or extend a nonconforming use). If appeal per 139 -3JA &B _ , attach decision or order appealed. OK to attach addendum . Special Permit under 139 -9B (3) (b) and (c) to allow use of building for storage and warehousing of goods and materials and for fabrication and assembly of components for off -site construction or use. Proposed building will be 2400 -S.F. structure to be used as a builder's workshop and a warehouse for building materials. Items enclosed as part of this Application: orderl addendum2 T -^iii ,„n„ v c; i-a ni nn x -,howi na present +Ulanned X 'structures NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, MARCH 9, 1990, at 1:00 p.m. in the Town and County Building, Federal and Broad Streets, Nantucket, on the Application of PAUL BRUCE KILLEN ( -90) seeking a SPECIAL PERMIT under SECTION 139 -9B (3)(b) and (c) to allow a proposed 2400 - square -foot building to be used as a builder's workshop and a warehouse for building materials. The premises are located at 81 HINSDALE ROAD, Assessor's Parcel 69 -21, Land Court Plan 16514 - Y, Lot 141, zoned RESIDENTIAL COMMERCIAL -2.