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Home My WebLink About010-94TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: March 1-7 , 19 94 To: Parties in Interest and.Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 010 -94 Owner /Applicant: MARK P. WILLIAMS Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in 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 an 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. Dale W. Waine Chairman cc: Town Clerk Planning Board Building Commissioner TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Assessor's Map 66 86 Somerset Road Parcel 404 Land Court Plan 28933 -S Residential- Commercial -2 Lot 162 At a Public Hearing of the Nantucket Zoning Board of Appeals, originally scheduled for Friday, March 11, 1994, and continued to 8:30 A.M., Monday, March 14, 1994, at the Town and County Building, Federal and Broad Streets, Nantucket, on the Application of MARK P. WILLIAMS, of Box 3070, Nantucket, MA 02584, Board of Appeals File No. 010 -94, the Board made the following Decision: 1. Applicant is seeking a Special Permit under Nantucket Zoning By -Law §139- 9B.2(b) (storage and warehousing). Applicant proposes to demolish a said to be pre- existing, non - conforming metal storage "barn ", that currently violates the front yard setback requirement of 20 feet, and replace it with a new metal storage structure that will not violate the front yard setback requirement. The new structure will be used for the storage of boats and /or automobiles. The premises are located at 86 SOMERSET ROAD, Assessor's Map 66, Parcel 404, as shown on Land Court Plan 28933 -5, Lot 162. The property is zoned Residential- Commercial -2. 2. The Decision is based upon the Application and materials submitted with it, the testimony and evidence presented at the hearing, 2 letters from abutters on file in support and one letter from an abutter on file, that expressed concern about the aesthetic aspects of the new structure, and a favorable recommendation from the Planning Staff. 3. Applicant proposes to demolish an existing dilapidated metal "Pole barn" that has a ground cover of 4,056 SF, and replace it with a new metal storage barn that will have 3,200+ SF of ground cover and will have a maximum ridge height of 18+ feet. The current structure, that pre -dates zoning, is non - conforming as to front yard setback, being sited 19+ feet from the front yard lot line at its closest point, in a zoning district that requires a 20 foot front yard setback. The new structure will be sited in conformance with setback requirements. The new structure will be used to store and warehouse boats and automobiles and applicant represents that there will be no outside commercial storage. The lot also contains Applicant's single family residential structure. 4. Accordingly, by a unanimous vote, the Board GRANTS the requested relief by Special Permit, under Section 139- 9B.2(b) for storage and warehousing of boats and automobiles. The Board finds (010 -94) -2= that the proposed use is in harmony with the purpose and intent of the By -Law being located in a residential - commercial area that contains several commercial structures and businesses. Grant of relief is based upon the following conditions: A. There will be no residential use within the structure; B. Any hazardous materials must be disposed of according to state and local codes; C. The structure will be in substantial conformance with the Certificate of Appropriateness issued by the Historic District Commission numbered 24128; D. Applicant will maintain the natural vegetative screening along the lot line that borders Somerset Road as well as augment said screening along Somerset Road from a point beginning at the southwest property bound and running to the current siting of the driveway as shown on a plan attached hereto, and marked as Exhibit A; E. There will be no outside commercial storage, without further relief from this Board; and F. The new structure will meet all setback requirements. Dated: March 17, 1994 4--- , ale W. Waine FIECE v i�G TOWN CLERK'S OFFICE NANTUCKET, MA 02554 MAR 17 1994 TIME: CLERK: °`"'l- TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1:00 P.M., F?IDAY, FEBRUARY 11, 1994, in the Selectmen's Meeting Room, in the Town and County Building, Broad Street, Nantucket, on the Application of: MARK P. WILLIAMS Board of Appeals File No. 010 -94 Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning By -Law §139- 9B.2(b) (storage and warehousing). Applicant proposes to demolish a said to be pre- exiting, non - conforming metal storage "barn ", that currently violates the front yard setback requirement of 20 feet, and replace it with a new metal storage structure that will not violate the front yard setback requirement. The new structure will be used for the storage of boats and /or automobiles. The premises are located at 86 SOMERSET ROAD, Assessor's Map 66, Parcel 404, as shown on Land Court Plan 28933 -S, Lot 162. The property is zoned Residential- Commercial -2. &Za'__,QQ i Dale W. Waine, Chairman Boll Form' 1 -89 Owner's name(s): Mailing address: Applicant's name: Mailing address: NANTUCKET ZONING BOARD OF APPEALS Date TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 U Qf CASE No. APPLICATION FOR RELIEF Same c Mark P. Williams Box 3070, Nantucket, MA 02584 Location of lot: Assessor's map and parcel number 66 - 404 Street address: 86 Somerset Road, Nantucket, MA 02554 Registry Land Ct Plan, XMXXnXjX X61fXpXXKXrXnX 28933 -S Lot 162 Date lot acquired: 2 /--/92 Deed Ref _, _ Zoning district RC -) Uses on lot - commercial:'None _ or Storage /Warehousing MCD ?_ - number of: dwellings_ duplex_ apartments_ rental rooms_ Building date(s): all pre -8/72? X or C of O ?_ Building Permit appl'n. Nos. None Case Nos. all BOA applications, lawsuits: 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 g 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 . Applicant is seeking a Special Permit to allow the use of an- existing structure for storage and warehousing aurposes under Section 139 -9 B (2)(b). Applicant proposes to demolish said structure and reconstruct a new building on a slightly different footprint not to be in violation of zoning requirements. The new structure has been approved by the Historic District Commission, Cert. of Appropriateness #24129. The building will be used to store boats and automobiles. Items enclosed as part of this Application: orderl addendum' Locus map X Site plan X showing present X +planned X structure; Floor plans present proposed_ elevations (HDC approved ?X Listings lot area frontage setbacks GCR parking data Assessor- certifie3 addressee ist 4 sets X ma'li'ng labels 2 sets= 51200 fee payable to Town of Nantucket X proof 'cap' covenant (If an appeal, ask Town Clerk to sen3 Bldg Com s record to BoA.) I certify that the requested information submitted is substantially complete and true to the best of my knowledge, unde the pains and penalties offp %er'u y., SIGNATURE: Applicant Attorney /agent _ 3(If not owner or owner's attorney, enclose proof of authority) FOR BOA OFFICE USE Application copies rec d: 4 or for BoA.on�/l —Y by-4z One copy filed with Town Clerk on�-A/C bY!4L1/� complete? one copy each to Planning Bd and Building Dept (G�Y $200 fee check given Town Treasurer on- / by (waived -? Hearing notice postedljL�mailedI & M. / �� Hearing(s) on__/__/_ cont'd to__/__/_, withdrawn ?__/__/ _ Decision due by__/__/_ made_/_ filed TC__/--/_ mailed__/__/ _ See related cases lawsuits other �\ n 1i UJ L7 LL O. €u : C7 LU (Z.0 V Lij W J Y cc U� z 3:Z x Q F—