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Home My WebLink About061-94TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: October /Y , 1994 To: Parties in Interest and.Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: Owner /Applicant: 061 -94 HARLON REALTY TRUST, ANTHONY AND PATRICIA BARONE, TRUSTEES 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 RECEIVED TOWN CLERK'S OFFICE NANTUCKET, NIA 02554 OCT 141994 1 u,nE. - -- TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Assessor's Map 69 13 Teasdale Circle Parcel 70 Land Court Plan 14342 -P RC -2 Lot 53 Certificate of Title 16,386 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., Friday, September 9, 1994 and continued to Friday, October 14, 1994, in the Selectmen's Meeting Room, Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of HARLON REALTY TRUST, ANTHONY AND PATRICIA BARONE, TRUSTEES, of P.O. Box 2087, Nantucket, MA 02584, Board of Appeals File No. 061 -94, the Board made the following Decision: 1. Applicants are seeking relief by SPECIAL PERMIT under Zoning By -Law §139- 9B(2)(b) (storage and warehousing), to be allowed to store plumbing and heating materials in a proposed structure that would contain-.a 2 -bay garage on the first floor and an apartment on the,second.1f16or.-.The structure will contain 1248+ square feet of ground cover. The premises is located at 13 TEASDALE CIRCLE, Assessor's Map 69, Parcel 70, as shown on Land Court Plan 14342 -P, Lot 53. The property is zoned Residential- Commercial -2. 2. The Decision is based upon the Application and materials submitted with it and the testimony and evidence presented at the Hearing. There were no letters in the file and the Planning Board made a favorable recommendation. The Hearing had been continued to the October date to allow the Applicants to obtain a surveyed plot plan indicating the exact location of the proposed structure to address the concerns of Board Members that the structure would meet all zoning requirements. 3. Applicants represented that they were in the process of constructing a building that, if relief was granted, would be used to store materials related to their plumbing and heating business. The structure would be located in a predominately commercial area, with several of the neighboring properties having already received relief from this Board to operate uses on their properties that require a Special Permit under §139- 9B(2). Applicants stated that all related materials would be stored within the structure and that they normally do not operate during the evening hours. The structure would have one (1) apartment over a 2 -bay garage area and will contain 1248+ square feet of ground cover on a 13,503+ square foot lot with a maximum allowable ground cover ratio of 50 %. A duly issued Building Permit had been issued to construct the building and Applicants had begun that phase of the project, but a Special Permit was required from this Board to allow the proposed use. (061 -94) -2- 4. The Board finds that the grant of relief would be in harmony with the purpose and intent of the By -Law and accordingly GRANTS the requested relief under Zoning By -Law §139- 9B(2)(b) by a unanimous vote, to allow the use of a structure for th'e storage and warehousing of plumbing and heating related materials with one apartment overhead subject to the following conditions: A. The structure shall be sited as shown on Exhibit "A" attached hereto, a surveyed plot plan dated September /q , 1994; B. The structure shall meet all ground cover, setback and parking requirements; C. All related materials shall be stored within the structure; and D. All hazardous materials shall be stored and disposed of according to local, state and federal codes. and E. The structure shall be built in substantial conformance with Historic District Commission Cert. of Appropriateness #25,649. Dated: October,,/ l 1994 RECEIVED TOWN CLERK'S OFFICE NANT(CKFT. MA 02554 OCT 141994 CLERK: Dale W. Waine Linda F. Williams Michae ZONING CLASSIFICATION1 EXISTING: MIN. AREA:..5.000. `��.. . /- ,_5p�3. S.,F MIN. FRONTAGE— .4P. Fr. SFE ,PLAN, FRONT YARD S.B.: 24) REAR 6 SIDE S. B. . -5.0 . GROUND COVER 1 %): . S0. %P.. 69 -6� N/F Ll/>DEL , ROgE/�T Sl3LPY' EL /ZAIS�TK EXis7`11N D/r�- Po veway sp o?s''r 257Y GrARIAPT r UN��R o)v5r r �P3 31 R, � N rYACANT 69- 7/ NIF Roy C -r"--< Covni/A L f-GAN I CERTIFY, AS OF ,4 THAT THE BUILDING(S) IS /ARE LOCATED ON THE GROUND 11AS SHOWN HEREON. \). n 1 ".A PROFESSIONAL LAND SURVEYOR THIS PLOT PLAN WAS PREPARED FOR THE TOWN OF NANTUCKET BUILDING DEPARTMENT ONLY AND SHOULD NOT BE CONSIDERED A PROPERTY LINE SURVEY, THIS PLAN SHOULD NOT BE USED TO ESTABLISH PROPERTY LINES, FENCES, HEDGES OR ANY ANCILLARY STRUCTURES ON THE PREMISES. THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PLANS OF RECORD. THIS PLOT PLAN IS NOT A CERTIFICATION AS TO TITLE OR OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT ASSESOR RECORDS. ASSESSOR MAP: . 6! . PARCEL: CAJ08S\H0\6LP N�F TO Pi UNLlq YMES 0 0 .o �o N/F kEYFJd - rYoM.1S -TUNES BUILDING LOCATION PLAN OF LAND IN NANTUCKET, LASS. SCALE: t "= 30/ DATE:-50PT ZO, 199/} Owner: AKy. e. DA7it/U1 TtAN . .. . Deed: �. ". /6 385. . . . Plan: . Z. - )- . Locus:. l3 . 7 ASDAL C /RC1 BLACKWELL & ASSOCIATES, Inc. 6 YOUNGS WAY NANTUCKET, MASS. 02554 (508 ) 228- 902-6 NOT TO BE RECORDED. B- �)39 Zoning Board of Appeals South Beach Street Nantucket, Mass. 02554 NOTICE A Public Hearing of the ZONING BOARD OF APPEALS will be held at 1:00 P.M., Friday, September 9, 1994, the Selectmen's Meeting Room, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of: HARLIN REALTY TRUST, ANTHONY AND PATRICIA BARONE, TRUSTEES Board of Appeals File No. 061 -92 Applicants are seeking relief by SPECIAL PERMIT under Zoning By -Law §139- 9B(2)(b), (storage and warehousing), to be allowed to store plumbing and heating materials in a proposed structure that would contain a 2 -bay garage on the first floor and an apartment on the second floor. The structure will contain 1248± square feet of ground cover. The premises is located at 13 TEASDALE CIRCLE, Assessor's Map 69, parcel 70, as shown on Land Court Plan 14342 -P, Lot 53. The property is zoned Residential Commercial -2. W, (" - &V� 0 Dale W. Waine, Chairman THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. FOR ASSISTANCE CALL (508) 228 -7215. Form 1 -89 2 S-- q PO NANTUCKET ZONING BOARD OF APPEALS D— to - TOWN AND COUNTY BUILDING NANTUCKET, MA 02556 CASE NO- aL-- APPLICATION FOR RELIEF 6 owner's name(s); aZ - e Mailing address: _. Applicant's name Mailing address: Location of lot: Assessor's map and parcel number �- &W e, r Street address: Registr nd Ct Plan, fan Bk & Pg *r Plan File CQ-�f oning district Date lot acquired: S2J ��ip�3 MCD ?_ Uses on lot - .commercial:'None I/ or - number of: dwellings_ duplex_ apartments_ rental rooms_ Building date(s) : all pre -8/7 %? or C of 0 ?_ Building Permit appl'n. Nos. Case Nos. all BOA applications, lawsuits: State fully all zoning relief sought and reoseccomparedetoepresent and subsections, specifically what you prop per Section and what grounds You urge for BOA tp make each finding p 139-32A if Variance, 139 -30A ✓ if a Speceiallfeappealaper113933A if to alter or extend a ncy=FnTorming ) & B _ , attach decision or order appealed ry ox to attach �e�m U � -C'M -� awe 0 Q X� %_, . �bJ _ q 6 6a•) L- � L`5 l/� �/Lto -a cyi dY1 l � � foil � !�d9°i%� .�tQ.PC2�2 Q f(��2 � s ��!/ ran �a.c�n, OA pCt4 S Ur addendum2 Items enclosed as part of this Appliresent�r +planned structures Locus map_-,- Site plan____ showing present as proved ?_) Floor plans present proposed_ elevations Listings lot area frontage setbacks•_,_ GCR_ parking data_ Assessor- certifieC addressee List 4 sets maJlingcap' covenants 1200 fee payable to Town of Nantucket proof p (If an appeal, ask Town Clerk to send Bldg Comr record to BOAT I certify that the requested information submittedeisthebstantiandy complete and true to the best. of my knowledge, penalties of perjury. SIGNATURE: �i !�'L -�j .9- •T.�.��PPlicant ✓ Attorney /agent _ oof of authority) 3(If not owner or owner's attorney, enclose pr FOUR� ,,B4OL�A OFFICE USE ` r or BOA onj/& ��by_�qL g ,nl9(( Application copies reed: g\ l / Oj(�by �9�G! J complete. one copy filed with Town Clerk on_�� --� - �� --�� by One copy each to Planning Bd and Building Dept byJ..� $200 fee check given Town Treasurer on _L�l waived? mailed��./� I & M.$�� Hearing notice poste _/ Hearing (s ) on_J_- cont' d to�,� �� - withdrawn ?��- made filed TC�,�._ Mailed��_ Decision due by��- ��- See related cases lawsuits other --1 Z -4 m �Z C n�� 7mc m n' uo L.0 ➢ U O `) N -n A rn C wl 1. FIR! ut To IF 47 TAB is$ 91 11 s$ LNw PA S -rU F? r.A ,L 74 51 PASTURE 74. 73 79 JS Ia IF 57 IF I FEE 1 j, c. OLD 46 SO rH ROAD In OLD or rxt TNE y / IF- , 000. I ` N94 REVJ I NS RE ...... 0, The Town, I)d ("oil w 1 1. j RA-4. I RE-.. FRAFFF. A, . . .... NAN CK IHF,CF.1ATION SKOYYN NTIEON -S COAIFILID FROM AERIAL PHOTOGRA"'S MEDS,� AND KAN$ Of RECORD AND 15 .01 TO 99 C (ONSTRUED A$ HAYING SUFFICIENT ACCUR- ACY FOR CONVEYANCE. 198