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Home My WebLink About010-96 0.,NTuc te), TOWN OF NANTUCKET • APPEALS ° w BOARD OF APPS : ma y=. s4PoRA I NANTUCKET, MASSACHUSETTS 02554 Date: April 5 , 19 96 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. : 010-96 Owner/Applicant: EDMUND J . RAMOS, JR. AND KIMBERLEY A. RAMOS 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 . (!! 0# LA/ Michael 'Mara - Chairman cc : Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING- TO NANTUCKET ZONING BY-LAW §139-30I ( SPECIAL PERMITS) ; § 139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS . ototaucte TOWN OF NANTUCKET • BOARD OF APPEALS • '4PORATI9* NANTUCKET, MASSACHUSETTS 02554 Assessor ' s Map 69 6 Arrowhead Drive Parcel 58 L. C. Plan 26984-J, Lot 30 Residential-Commercial-2 Cert. of Title 15 , 698 At a Public Hearing of the Nantucket Zoning Board of Appeals , held at 1 : 00 P.M. , Friday, March 8 , 1996 in the Selectmen ' s Meeting Room, Town and County Building, Broad Street , Nantucket, Massachusetts , on the Application of EDMUND J. RAMOS, JR. AND KIMBERLEY A. RAMOS, of P.O. Box 183 , Nantucket, MA 02554 , Board of Appeals File No . 010-96 , the Board made the following Decision : 1 . Applicants are seeking a MODIFICATION of Board of Appeals Decision File No. 004-96 in which a SPECIAL PERMIT under Nantucket Zoning By-Law §139-9B( 2) (b) ( storage and warehousing) was granted to allow the use of the proposed structure for storage and warehousing of plumbing related equipment and materials and that would also contain 520+ square feet of office space. Applicants represented at the time that the second floor area over the garage space would be used for "dead storage" and that the structure would be for their own use and not leased to another entity . Applicants now propose to construct a two-bedroom apartment in the area above the garage space and wish to have the option of leasing portions of the premises to another entity and not be precluded from using the property for other uses permitted as a matter of right without Special Permit relief . The premises is located at 6 ARROWHEAD DRIVE, Assessor ' s Map 69, Parcel 58 , and shown on Land Court Plan No . 26984-J, as Lot 30 . The property is zoned Residential-Commercial-2 . 2 . The Decision is based upon the Application and materials submitted with it, and testimony and evidence received at the hearing . The Planning Board made no recommendation. 3 . Applicants propose to add a two-bedroom apartment to the second floor of a three-bay structure currently being used in conjunction with a plumbing and heating business . Applicants further seek to be allowed to lease or rent the property to separate entities apart from themselves . The structure contains 1200+ square feet of commercial space and 520+ square feet of office space and is not in violation of dimensional zoning requirements . In Board of Appeals Decision File No . 004-94 , Applicants represented that there would only be "dead storage" space above the garage and that the entire commercial space and office would be used in the operation of their business . Though those representations were not specifically stated as conditions in that Special Permit, Applicants are now seeking to clarify and modify that Permit to the extent necessary to allow the change in use as requested above . Applicants also wish to maintain the relief granted by Special Permit under Nantucket Zoning By-Law §139-9B( 2) (b) . 4. Accordingly, the Board finds that the addition of a two-bedroom apartment in the second-floor space and leasing or renting of the premises or a part thereof to a separate entity or entities other than the owners of the property, would be in harmony with the purpose and intent of the Nantucket Zoning By-Law and would not be in violation of Zoning By-Law §139-7E(4) . 5 . Therefore, by a unanimous vote, the Board GRANTS the requested MODIFICATION of Board of Appeals Decision File No. 004-94 to remove the condition that the second floor must be used for "dead storage" only and permit use of the space as a two-bedroom apartment and allo.; the leasing or renting of any portion of the premises to separate entities other than the owners of the premises . The Board acknowledges that uses permitted under Zoning By-Law §139-9A are allowed by right without a Special Permit from this Board . However , Applicant must meet all parking and loading zone requirements . Dated : April or , 1996 i v Michael-.. I. O 'Mara 1 'a/9-g-- Li . . . . . William \ ,�/ ; ,`: - Waine 4/4te'd/j-- - Ann' :. /f • ichael Ange astr1� / RECEIVED ��N CLERK'S OFFICE t ABET; (r°ge-'-T "A 02554 APR 0 5 1996 oA��, TUC 4,. TOWN OF NANTUCKET BOARD OF APPEALS yc�AP°RATE° NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1 : 00 P.M. , FRIDAY, MARCH 8, 1996, in the Selectmen ' s Meeting Room, Town and County Building, Broad Street, Nantucket, Massachusetts , on the Application of the following: EDMUND J. RAMOS, JR. AND KIMBERLEY A. RAMOS BOARD OF APPEALS FILE NO. 010-96 Applicants are seeking a MODIFICATION of Board of Appeals Decision File No. 004-94 in which a SPECIAL PERMIT under Nantucket Zoning By-Law §139-9B( 2 ) (b) ( storage and warehousing) was granted to allow the use of the proposed structure for storage and warehousing of plumbing related equipment and materials and that would also contain 520± square feet of office space. Applicants represented at the time that the second floor area over the garage space would be used for "dead storage" and that the structure would be for their own use and not leased to another entity. Applicants now propose to construct a two-bedroom apartment in the area above the garage space and wish to have the option of leasing portions of the premises to another entity and not be precluded from using the property for other uses permitted as a matter of right without Special Permit relief . The premises is located at 6 ARROWHEAD DRIVE, Assessor ' s Map 69 , Parcel 58 , and shown on Land Court Plan 26984-J, as Lot 30. The property is zoned Residential-Commercial-2 . 71/11 C V,& k.91 C4 - mo,e, Mi 7ael J . O 'Mara►. Chairman THIS NOTICE iS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. FOR ASSISTANCE CALL (508) 228-7215 . BoA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS D----- --- TOWN AND COUNTY BUILDING 0e NANTUCKET„ MA 02554 :° CASE No. 4- •APPLICATION FOR RELIEF j Owner's name(s) : Edmund J Ramos Jr and Kimberley A. Ramo Mailing address: P. 0. Box 183 Nantucket MA 02554 �c uimh Ramos Applicant's name: Edmund J. Ramos. Jr. r Mailing address: P. 0. Box 183 Nantucket MA 02554 ; b Location, of lot: Assessor's map and parcel number _- __.__--_------ S t r e e t t address: 6 Arrowhead Drive Registry Land Ct Plan, Plan Bk & Pg or Plan File 26984-J Lot 30 i. Date,to I acquired: 3 /16/ 93 Deed Ref 15, 698 -.Zoning district RC2 • Uses on �SCD.�Q_ 'ffic _Jlot - commercial: MOM 3Q� 14�e _ .lumbin he. number of: dwellings duplex1 apartments__ rental rooms__ , I Building date(s) : all pre-8/72? or 1994 C of:. O?10520-94 Building Permit appl'n. Nos. if CaseNob. all BoA applications, lawsuits: O04-94 State frilly all zoning relief sought and respective Code sections and subsections, specifically what you propose compared to resent and What grounds youl urge for BoA to make each finding per 139-32A1 if Variance, 139-30A X if a Special Permit (and r1333AA if to alter or extend a nonconlo$ming se . If 'pear . &B ) attach decision or order appealed.: EE DpE DUM ATTACHED H RET0. fff jj� I � �I I l ,1 I• P: 1. ��! �� i f III I Items enclosed as part of this Application: orderl '1 addendum2 x Locus map x Site plan x showing present v +planaeU x structures ,� Floor plans present X proposed ' elevatins (HDC approved? ) , -— p Listings lot area frontage x setbacks x GCR x II/parking data x � �' D ma lin 'labels 2 'sets Z Assessor-certified 1st 4 sets x � 9 — 7C $i200 fee payable to Town of Nantucket x proof 'cap' covenant (If an appeal, ask Town Clerk to sena—Eldg ,Comr ss record tolBoA. ) -r1 -42 I certify that the requested information submitted is substantially CD ll m n complete and true to the best of mylknowledge} underithe pain.and t-► : R1 penalties of perjury. �L/1 C SIGNATURE: - ,,lr ,�• /� Ord ! Applicant„ Attorney/agent x p m CO >3 lie A. Fi ge' a , Esquire (If not ner or owner's attorney, enclose proof of authority) O 0 C77 n FOR Bo OFFICE USE I rn s rec'd: 4 or for BoA on�/ �E'bY Application copies i One copy filed with Town Clerk on 2/f4/(0rby Lectk complete?!7. One copy each to Planning Bd and Building Dept 1/C L�Y 1121,) ,-) $200 fee check given Town Treasurer on Z.../9% .' / by red/waivedd?C� `n Hearing, notice posted/J/(Lmailed-C �J( & M �2 � `�' Hearing,(s) on / / cont'd to I_/ � J, _ _ m withdrawn? _ Decision due by / / made__/__/_ filed TC__/ /_1_ mailed__/- See ;rel'ated cases lawsuits other ADDENDUM Applicant is seeking relief by Special Permit pursuant to Section 139- 9B.2(b) (storage and warehousing) to modify the existing special permit, (File No. 004-94) to allow the Applicants to construct a two-bedroom apartment in the storage space above the garage, to have the option to lease portions of the premises and not to be precluded from using the property for other uses permitted as a matter of right without special permit relief. The property is located at 6 Arrowhead Drive, Nantucket, Assessor's Map 69/58. The property is zoned RC-2. ADDENDUM.WPS 34 At1-22--9r-. mot-i 1 1 :00 E:I_ITCH F•AMO'=: PLI-IME: ING S11:-:_z •:-::20•,,7 P . 02 / ETD (i E c ' i(v. uck4,r TOWN OF NANTUCKET __.4 . , BOARD OF APPEALS r 9P A i°�.'� mos NANTUCKET,ET MASSACHUSETTS 02554 Map 69 . 0 6 Arrowhead Drive Parcel 58 L. G . Plan 26984-J RC-2 Lot 30, Cert. 15 , 533 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1 : 00 P.M. , Friday, January 7 , 1994 , in the Town and County Building, Broad Street, Nantucket , MA on the Application of EDMUND J . AND KIMBERLEY A. RAMOS , P .O. Box 183 , Nantucket, MA, 02554 , Board of Appeals File No . 004--94 , the Board made the following Decision : 1 . Applicants are seeking relief by Special Permit under Nantucket Zoning By--Law §139-9B. 2(b) (storage and warehousing) . Applicants propose to store plumbing and heating materials and related equipment in their commercial structure . The premises are located at 6 ARROWHEAD DRIVE, Assessor ' s Map 69 .0 , Parcel 58, as shown on Land Court Plan 26984-J, Lot 30 . The premises are 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 and a favorable recommendation by the Planning Board . 1 3 . Applicants propose to construct a commercial building that will consist of a 3-bay garage area of 1200 S .F , to be used for 7\ storage of materials and equipment used by their plumbing and heating business , , - 520 S. F . addition containing office space . There - will be 'dead" stora e s • - . .. a.e area but not the office ar-a--r—pplicants represent that the structure will be for their own use art- nQt leased_ to another . ent, ity-. There will be no outside storage nor storage of hazardous materials . 4 . Accordingly , by unanimous vote , the Board GRANTS the requested relief by Special Permit under §139-9B.,2 (b) to permit the use of the proposed structure for storage and warehousing of plumbing related equipment and materials and that will also contain office space . The Board finds that the proposed use is in harmony with the purpose and intent of the By-Law being located in a commercial area on a street that contains several commercial structures and businesses . 1� //'�� Dated : January 1q , 1994 all /.1 _L ,a Lip. . . F . W iam VV RD - r; L ichter Ann Bal1 der \ _ i t --, . n • • L\ • ' • : :69-.57 L.�✓/F '3.ci,q,J •'Dq.�i5 Tz •• W - '175.ao i t • Ili . � AR % 17' oo sD • i csi.; i. . ... _i_occpsmci 6-,,,sr„.if -aticp -Dcove..65%y o. \-. ; ' W \ ` ' \. , — _ Q � Q• orse-7 /_ x«Tw \ ,� Ij5.00 . 7- . 10 . • • • , .. .--__-4.:._—.69- 6-11 ,0.1%.: ticks'= a.'()U 1 I r1)) . q./17J A 1 4e47-,, ..4e47-,, .. .c.../ CwaI>rpouc Parking Calc's wR Office Space 897 Sq Ft = 4 PROPOSED PARKING PLAN Plumbing Shop 120511 11 = 2 in 2nd. Dwelling = 1 . Apt. over shop = 1 ' NANTUCKET, MASSACHUSETTS•= 8 of , SCALE :I'1=30' DATE j4.2416 N ,; _,:z? -' —c PREPARED FOR: CURRENT ZONING MAP:' -C- 2 NC HARD '�'�; EJ v J f f-4 1N('8ERi_c—I A R 10 J� . MINIMUM. LOT SIZE: 5",000 5.F ti EA,,`E MINIMUM FRONTAGE: -2/0 /- No. 29416 �� NANTUCKET SURVEYORS INC. FRONTYARD SETBACK: ZO Fr E<is?E �=' ° s. SIDE AND REAR SETBACK: ..5,-•/-7--r ` 11! .%'; cN�-�-'S .WINDY WAY ALLOWABLE G.C.R.: ,.5b NANTUCKET, .MA. b2554 �(STING G.0 R-:::,/ /o % - 134-5- a Fr , o DEED REFERENCE.L �Cr 15,69'3 YU NES S Oi SHOWN ARE TAKEN zoo ECORDED 9 /°. PLAN REFERENCE:.�c 2698�J DEED AND PLAN REFERED TO HEREON. BUILDINGS, MONUMENTS, ASSESSOR'S MAP:. G9 PCL. 5,3 ETC. ARE PLOTTED FROM FIELD MEASUREMENTS. _ ... N=3'',O