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Home My WebLink About014-96 ,p,NTUCMt, TOWN OF NANTUCKET BOARD OF APPEALS F' ` livs t '7 • • c°ApoaATE�' NANTUCKET, MASSACHUSETTS 02554 Date: 2aAC& 02q , 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 . : 014-96 Owner/Applicant: BRIAN DAVIS, TURSTEE OF 3B REALTY TRUST FOR HIMSELF AS OWNER AND FOR KARSTEN L. REINEMO, LESSEE 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 . Michael . 0 \1ara . 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 . APPLICATION OF BRIAN DAVIS, TRUSTEE of 3B REALTY TRUST and KARSTEN L. REINEMO, LESSEE c/o Richard J. Glidden Glidden & Glidden, P. C. 37 Centre Street Nantucket , MA 02554 ZONING BOARD OF APPEALS South Beach Street Nantucket , MA 02554 Map 69 8 Arrowhead Drive Parcel 57 Lot 31, Land Court Plan RC-2 26984-J At a Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS held at 1 P.M. , Friday, March 8 , 1996 in the Selectmen ' s Meeting Room in the Town and County Building, Broad Street, Nantucket , Massachusetts, on the Application of Brian Davis, Trustee of 3B Realty Trust , for himself as owner and for Karsten L. Reinemo, Lessee, of, Nantucket, MA 02554 , Board of Appeals File No . 014- 96 , the Board made the following Decision. 1 . Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law Ch. 139-9B (2) (1) (rental/sale bicycles, motorcycles, mopeds, etc . ) . Applicant (Reinemo) proposes to lease one (1) garage bay of an eight-bay structure (allowed in BOA Decision File No . 005- 87 and modified in Decision File No. 036-91) for the storage and maintenance of bicycles that will be rented and delivered to off- site locations . There will be no retail sales on the Locus and no customers coming to the site . The premises is located at 8 ARROWHEAD DRIVE, Assessor ' s Map 67 , Parcel 57 and shown on Land Court Plan 26984-J as Lot 31 . The property is zoned RESIDENTIAL COMMERCIAL-2 . 2 . The Board' s decision is based upon the application and materials submitted therewith, and testimony and representations made at the hearing. There were no letters in opposition. 3 . The Applicant ' s attorney, Richard J. Glidden, presented the case for the Applicant . He explained that Applicant was leasing one (1) bay of the eight (8) bay garage on the Premises, said garage being the subject of two previous decisions by the Board ) 005-87 and 036-91) . Applicant ' s proposed use is the storage and servicing of bicycles only, no mopedsare applied for under this application. There will be no retail sales and Applicant will deliver bicycles to Customers for use by them or their tenants and Applicant will pick the bicycles up at the end of the rental period. The surrounding neighborhood is heavily commercial in nature and this use will be negligible in its impact on the area . 4 . The Board finds that the use requested will be in conformity with the spirit and intent of the Zoning By-law, will not have an adverse impact on the neighborhood, is in a district where commercial uses are allowed and will not inherently be in violation of Ch. 139 s . 7 E (4) . 4 . Based upon the Findings, the Board, by unanimous vote GRANTS THE REQUESTED SPECIAL PERMIT under Ch. 139 (9) (B) (2) (1) upon the following conditions : (a) The relief is limited to rental, repair and storage of bicycles only, mopeds being specifically prohibited., in one ( 1 ) bay of a multi-unit structure . r f Date : ( 7(..t c'? (9 AA ' J/ c2 LSnda F. i liams Dale Waine / 2i PQ;� Ann G. B/al s / Micha'e'l O 'Mara ancy Seevr ns RECEIVED TOWN CLERK'S OFFICE NANTUCr-z- MA 02554 MAR 2 9 1996 C' '"')K; ot�O1UCMf� TOWN OF NANTUCKET a1- ° BOARD OF APPEALS • y %3ORAT69.► 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: BRIAN DAVIS, TRUSTEE OF 3B REALTY TRUST, FOR HIMSELF AS OWNER AND FOR KARSTEN L. REINEMO, LESSEE BOARD OF APPEALS FILE NO. 014-96 Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-9B( 2) ( 1 ) (rental/sale bicycles , motorcycles, mopeds , etc. ) . Applicant (Reinemo) proposes to lease one ( 1 ) garage bay of an eight-bay structure (allowed in BOA Decision File No. 005-87 and modified in Decision File No . 036-91 ) for the storage and maintenance of bicycles that will be rented and delivered to off-site locations . There will be no retail sales on the Locus and no customers coming to the site . The premises is located at 8 ARROWHEAD DRIVE, Assessor ' s Map 69 , Parcel 57 , and shown on Land Court Plan 26984-J as Lot 31 . The property is zoned Residential-Commercial-2 . ai cuid-6i s Michael J . O 'Ma , Chairman THIS NOTICE iS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. FOR ASSISTANCE CALL (508) 228-7215 . 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BoA Form 2-89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 ASSESSORS LIST OF PARTIES IN INTEREST PROPERTY OWNER: APPLICANT FOR RELIEF ( SAME? ) ADDRESS OF PROPERTY: ASSESSORS MAP & PARCEL: LIST OF PARTIES INCLUDING ADDRESSES* (OR SEE ATTACHED ) I certify that the foregoing (or the attached ) lists all persons natural or legal , who are owners of abutting property , owners of land directly opposite on any public or private street or way; and abutters of the abutters and all other land owners within three hundred feet of the property line of Owner' s property, as they ( and their address) appear on the most recent applicable tax list per M . G.L. c . 40A, Section 11 Zoning Code Chapter 139 , Section 139-29D ( 2 ) } . �q -qt.( Date Ass-ssors 0 fice Town of Nantucket *NOTE : Applicant (petitioner) should include with the lot for which zoning relief is sought , any commonly-owned abutting lots which might become involved in the zoning natter. List map and parcels for each abutter. 01/29/96 TOWN OF NANTUCKET PAGE 1 12:18:49 OWNER'S MAILING ADDRESS LIST MUAS'S0 8.3 Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Location 0069 0071 *SOVERINO LEE J & GAIL L 57 OLD SOUTH RD SUITE 18 0011 TEASDALE CIR NANTUCKET MA 02554 0069 0072 DAVIS GEORGE PO BOX 1403 0009 TEASDALE CIR NANTUCKET MA 02554 0069 0073 TONKIN ROBERT E PO BOX 996 0007 TEASDALE CIR NANTUCKET MA 02554 0069 0074 TONKIN ROBERT E & DOROTHY B PO BOX 996 0005 TEASDALE CIR DBA TONKIN OF NANTUCKET NANTUCKET MA 02554 0069 0075 CHITESTER MARK & SHERRY PO BOX 3027 0003 TEASDALE CIR NANTUCKET MA 02584 0069 0076 FEINSTEIN RICHARD 0872 WEBER DR 0001 TEASDALE CIR YARDLEY PA 19067 0069 0077 HTZ REALTY TRUST 0020 ARROWHEAD DR 0002 TEASDALE CIR NANTUCKET MA 02554 0069 0078 HTZ REALTY TRUST 0020 ARROWHEAD DR 0006 TEASDALE CIR NANTUCKET MA 02554 0069 0032 EGAN MARY ANN BOX 435 0040 NOBADEER FARM RD NANTUCKET MA 02554 0069 0033 EGAN MARY ANN PO BOX 435 0042 NOBADEER FARM RD NANTUCKET MA 02554 0069 0034 EGAN MARY ANN PO BOX 435 0044 NOBADEER FARM RD NANTUCKET MA 02554 0069 0035 *KILLEN P BRUCE TRUSTEE 36- CLIFF RD 0046 NOBADEER FARM RD LOW TIDE NOMINEE TRUST NANTUCKET MA 02554 0069 0055 *MACDONALD CHARLES TRUSTEE 3 PEMMICAN WAY 0012 ARROWHEAD DR ARROWHEAD REALTY TRUST HALIFAC MA 02338 0069 0056 3 B REALTY TRUST PO BOX 1225 0010 ARROWHEAD DR NANTUCKET MA 02554 0069 0058 RAMOS EDMUND J JR & KIMBERLEY PO BOX 183 0006 ARROWHEAD DR NANTUCKET MA 02554 0069 0059 CHAMPOUX DAVID A & KATHLEEN PO BOX 3195 0004 ARROWHEAD DR NANTUCKET MA 02584 0069 0060 HOLLAND JOHN N & MARY BOX 111 0140 OLD SOUTH RD SIASCONSET MA 02564 0069 0061 GLOWACKI DAVID & ELLEN TRS 0142 OLD SOUTH RD 0142 OLD SOUTH RD DABRIELL REALTY TRUST NANTUCKET MA 02554 0069 0066 CHRYSLER CREDIT CORPORATION 27777 FRANKLIN RD 0152 OLD SOUTH RD SOUTHFIELD MI 48034 0069 0010 KENNETH C COFFIN INC PO BOX 90 0003 ARROWHEAD DR SIASCONSET MA 02564 0069 00103 LOMBARDI MARK A PO BOX 2364 0013 ARROWHEAD DR NANTUCKET MA 02584 0069 00103 LOMBARDI MARK A PO BOX 2364 0013 ARROWHEAD DR NANTUCKET MA 02584 0069 0041 VIERA ERNEST E JR 4 SQUARE RIGGER RD 0004 SQUARE RIGGER RD NANTUCKET MA 02554 0069 0042 GALVIN THOMAS J 0032 RONALEIGH RD 0006 SQUARE RIGGER RD BRIGHTON MA 02135 0069 0043 GOODMAN DAVID PO BOX 1263 0008 SQUARE RIGGER RD NANTUCKET MA 02554 0069 0044 HAIGLEY MICHAEL T BOX 563 0010 SQUARE RIGGER RD NANTUCKET MA 02554 01/29/96 TOWN OF NANTUCKET PAGE 2 12:18:49 OWNER'S MAILING ADDRESS LIST MUAS7`_I) 8.3 Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Location 0069 0045 HARPOONER TRUST 9 SQUARE RIGGER RD 0009 SQUARE RIGGER RD FLYNN ELAINE & FRUZETTI M TRS NANTUCKET MA 02554 0069 0046 *DAVIS CHARLES E JR 36 HOOPER FARM RD 0007 SQUARE RIGGER RD NANTUCKET MA 02554 0069 0047 MOORE GREGORY M & LARUE KIM N 0005 SQUARE RIGGER RD 0005 SQUARE RIGGER RD NANTUCKET MA 02554 0069 0048 LARUE MARY LOU PO BOX 117 0003 SQUARE RIGGER RD NANTUCKET MA 02554 0069 0038 RIDDER JON PO BOX 310 0134 OLD SOUTH RD WHITMAN MA 02382 0069 0039 JAXTIMER ERNEST J TR 0075 STURBRIDGE DR 0136 OLD SOUTH RD JAXTIMER REALTY TRUST OSTERVILLE MA 02655 0069 0011 HOLLAND JOHN N BOX 111 0138 OLD SOUTH RD SIASCONSET MA 02564 NUMBER OF RECORDS = 33 015 -ct o� uc��,� TOWN OF NANTUCKET • BOARD OF APPEALS • -400RA1E9* NANTUCKET, MASSACHUSETTS 02554 Date: June 26 , 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. : 015-96 Owner/Applicant: CHARLES W. FISHER, OWNER AND JOHN H. EMPEY, CONTRACT PURCHASER 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 . (64 _, aleA4.‘d Michael J. O'M , 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 §139-301 (SPECIAL PERMITS) ; §139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS . NANTUCKET ZONING BOARD OF APPEALS 37 Washington Street Nantucket, Massachusetts 02554 Assessor' s Map 67, Parcel 98 . 1 Plan File 30-G 13 Nobska Way Lot 12B Residential Commercial-2 Deed Book 442, Page 125 DECISION: 1 . At a public hearing of the Nantucket Zoning Board of Ap- peals, on Friday, May 3 , 1996,4-at 1 : 00 P.M. , in the Selectmen' s Meeting Room, in the Town and County Building, Broad Street, Nan- tucket, Massachusetts, the Board made the following decision on the application of CHARLES W. FISHER, Owner, and JOHN H. EMPEY, Contract Purchaser, Board of Appeals File No. 015-96, c/o Reade & Alger Professional Corporation, Post Office Box 2669, Nantucket, Massachusetts 02584 , File No. 015-96 : 2 . The applicant requests a SPECIAL PERMIT under Nantucket Zoning By-law §139-9 .B (2) (c) (fabrication and assembly of compo- nent parts for off-site construction or use) . The applicant pro- poses to build a structure that will be used in connection with his construction business, which will contain a 2-bay garage and a 2-level apartment . The Locus will also contain a separate sin- gle-family dwelling. The subject property (the "Locus" ) is lo- cated at 13 NOBSKA WAY, Assessor' s Map 67, Parcel 98 . 1, Plan File 30-G, Lot 12B, and is zoned RESIDENTIAL COMMERCIAL-2 . 3 . Our decision is based upon the application and accompa- nying materials, and representations and testimony received at our public hearing. There was no Planning Board recommendation. A group of neighbors of the Locus presented strong opposition to the application, in person, by their attorney and in correspon- dence to the Board, expressing concerns about safety and noise . 4 . Under Nantucket Zoning By-law §139-9 .B (2) , the Board of Appeals is empowered to grant a special permit for, among other uses, in the Residential Commercial-2 zoning district, fabrica- tion and assembly of component parts for off-site construction or use, provided that the Board shall specifically find, in addition to the other requirements of the By-law as to the granting of a special permit, that the use will not inherently be in violation of By-law §139-7 .E (4) . The applicant informed the Board that he intends to construct a workshop upon the Locus, to be used in connection with his construction business . Neighbors, citing the primarily residential character of the neighborhood notwithstand- ing its placement in the Residential Commercial-2 district ex- pressed concern that the applicant be a resident of the Locus, in order to ensure better control of commercial operations upon the Locus . The applicant, representing that he intended to reside upon the Locus but that he was concerned about the limitation to operation of the commercial workshop to the owner or applicant because of the potential for long-range future changes, resisted C9r1Phatt /1vY)*CQ Ce Cfrdt, Pi 19 7 ay- `-c)J f�'h. , ire Q od � i�Pod " 1,3/ /PO c/ 1-leey9i27. i M this suggestion. However, during the course of the hearing, the applicant and the neighbors' representative discussed with the Board, and agreed to, conditions for the granting of relief, as adopted and set forth in this decision. 5 . Accordingly, subject to the conditions hereinafter set forth, the Board found, by UNANIMOUS vote that the proposed use of the Locus, as described above, would be in harmony with the general purpose and intent of the Zoning By-law, and that the proposed use of the Locus would not inherently violate By-law §139-7 .E (4) , prohibiting uses which are "injurious, obnoxious, offensive, dangerous or a nuisance to the community or to the neighborhood through noise vibration, concussion, odors, fumes, smoke, gases, dust, harmful fluids or substances, danger of fire or explosion or other objectionable feature detrimental to the community or neighborhood health, safety, convenience, morals or welfare" , and granted the relief by SPECIAL PERMIT as requested. 6 . The relief granted hereby is subject to the following conditions : (a) The workshop shall be limited to the following hours of operation: 7 : 00 A.M. to 6 : 00 P.M. Monday through Friday 8 : 00 A.M. to 6 : 00 P.M. Saturday Closed Sunday (b) The northerly and westerly boundaries of the Locus shall be screened with compactly planted, year-round vegetative screening, which the applicant shall be responsible to plant and maintain. (c) No deliveries of materials for the commercial ac- tivities upon the Locus shall be made with split-axle trucks . (d) There shall be no exterior storage of materials, nor any exterior fabrication or assembly of materials, upon the Locus . (e) The placement and design of structures and parking areas upon the Locus shall be substantially in accordance with the plans approved by the Nantucket Historic District Commission in Certificates of Appropriateness Nos . 28363 and 28365, and the site plan, a copy of which is attached hereto as Exhibit A. (f) There shall be no commercial uses of the garage bays to be constructed upon the Locus, which shall be limited to use by the owners and occupants of the Locus . Nothing herein shall prohibit the parking of trucks owned by an owner or occu- pant of the buildings upon the Locus within the garage . (g) The commercial use of the workshop to be con- structed upon the Locus shall be limited to an owner/occupant or 2 tenant of one of the dwelling units to be constructed upon the Locus . (h) No commercial vehicles other than those owned by an owner or tenant of the Locus shall be parked overnight upon the Locus . (i) All windows and doors to the workshop shall be kept closed while work is taking place therein; the applicant shall provide venting or air conditioning as necessary in this regard. The workshop shall be soundproofed. (j ) Each of the dwellings to be constructed upon the Locus shall be used for year-round occupancy; there shall be no seasonal rental of either dwelling without further relief from the Board of Appeals . (k) There shall be no employer dormitory use upon the Locus in the absence of further relief by the Board of Appeals permitting such use and occupancy. (1) Not more than one employee, other than the owner/occupant or tenant of a dwelling unit upon the Locus, shall be on-site at any point in time . Dated: June 4?-(9 , 1996 C` ►k,, Micha- 4 O'Mar_ TOWN OWN CLERK'S OFr" Linda F Williams NANTUCKET NIA 025b4 /I '67.-eay-- JUN 261996 � : _la TIME: CLERK: a e W. 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