HomeMy WebLinkAbout035-96 035 - %
TOWN OF NANTUCKET
iii
� a-= BOARD OF APPEALS
• 41, : e^�
%RAW. NANTUCKET, MASSACHUSETTS 02554
Date: JuIV ;Im?' , 1996
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No. : 035-96
Owner/Applicant: NASHAQUISSET COOPERATIVE, INC.
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 .
(At\
Michael J. O 'Mara ll 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 .
NANTUCKET ZONING BOARD OF APPEALS
37 Washington Street
Nantucket, Massachusetts 02554
Assessor' s Map 55, Parcels 539, Plan File 14-F
529, 538 and 531 Lots 24, 34 and 44
7, 9 and 11 Washaman Avenue Plan Book 24, Page 96
and 13 Yompashham Lane Lot 160
Residential-10 Deed Book 310, Page 335
DECISION:
1 . At a public hearing of the Nantucket Zoning Board of
Appeals, on Friday, June 7, 1996, at 1 : 00 P.M. , in the
Selectmen' s Meeting Room, in the Town and County Building, Broad
Street, Nantucket, Massachusetts, the Board made the following
decision on the application of NASHAQUISSET COOPERATIVE, INC. ,
c/o Reade & Alger Professional Corporation, Post Office Box 2669,
Nantucket, Massachusetts 02584 , File No. 035-96 :
2 . The applicant is seeking a SPECIAL PERMIT under
Nantucket Zoning By-law §139-8 .B (2) (neighborhood service
establishments) . The applicant proposes to use the first floor
of an existing structure upon the subject premises as a service
center for the Nashaquisset community and for the convenience of
Nashaquisset homeowners . The upper floors of the structure
contain a dwelling unit, which will continue to exist . The
applicant also proposes to construct a garage upon the premises,
ancillary to the dwelling and neighborhood service uses . See
Board of Appeals Files Nos . 107-89 and 029-96 (withdrawn) . The
subject property (the "Locus" ) is situated at 7, 9 and 1]
WASHAMAN AVENUE and 13 YOMPASHHAM LANE, Assessor' s Map 55,
Parcels 539, 529, 538 and 531, and consists of Lots 24 , 34 and 2;:
on Plan File 14-F and Lot 160 on Plan Book 24, Page 96, at the
Nantucket Registry of Deeds . The Locus is zoned RESIDENTIAL-10 .
3 . Our decision is based upon the application one
accompanying materials, and representations and testimony,
received at our public hearing. The Planning Boarc:
recommendation was favorable, with suggestions for certain
conditions . Both support and opposition were presented at the
public hearing, in person and by correspondence.
4 . The applicant' s representatives informed the Board that.
they were members of the organization of homeowners in the
Nashaquisset community which is succeeding to the interests of
the developer, which has now completed construction of the homes
within the project . They propose to utilize the structure upon
the Locus, which existed prior to the subdivision, for a service
center for the Nashaquisset community and the subdivision in
which Nashaquisset is situated. Concern was expressed by
neighbors, and shared by the applicant' s representatives, that
certain conditions which had existed upon the Locus while the
developer was engaged in construction activities not be
continued. Representatives stated that the intention was to
house an on-site manager on the Locus . Concern was also
expressed by neighbors about possible detriment arising from the
construction of the proposed garage structure and expansion of
the parking lot; the applicant stated that the objective of the
garage was to place all storage indoors, and that the parking
area was being enlarged in order to reduce on-street parking
which now exists .
5 . By UNANIMOUS vote of the four members sitting on this
case, the Board of Appeals voted to issue the special permit
requested by the applicant, to allow the use of the existing
structure upon the Locus as a neighborhood service establishment
for the management, maintenance and repair of the homes within
the Nashaquisset community and construction of a garage ancillary
to the neighborhood service establishment and the dwelling
located within the existing structure, finding that the proposed
use will be in harmony with the general purpose and intent of the
Zoning By-law, subject to the following conditions :
(a) There shall be no outdoor storage upon the Locus .
(b) The proposed garage shall be constructed no closer
than fifteen (15) feet to the land shown on Assessor' s Map 55,
Parcel 537, now or formerly of Francis J. Flemming and Catherine
Flemming.
(c) The footprint of the proposed garage shall not exceed
460 square feet .
(d) An undisturbed vegetative buffer at least fifteen
(15) feet wide shall be maintained along the boundary line
between the Locus and said land shown on Assessor' s Map 55,
Parcel 537, now or formerly of Flemming.
(e) There shall be only one means of access to anc
egress from the parking lot, to be sited on the westerly side oi
the parking lot, away from said Flemming land.
(f) Vehicular access to the parking lot shall be from
Washaman Avenue only.
(g) The parking lot shall be screened from Washamar.
Avenue by vegetation, which shall be planted and maintained by
the owner of the Locus .
(h) There shall be no overnight parking in the parking
lot except for the automobile of any occupant of the dwelling
the existing structure .
(i) No parking shall be permitted directly facing the
undisturbed vegetative buffer separating the parking lot from
said Flemming land as set forth in subparagraph (c) .
(j ) There shall be no retail sales of goods upon the
Locus .
(k) The existing structure shall contain only one
dwelling unit, comprising the second and third floors, and no
employee dormitory shall be allowed upon the Locus .
(1) There shall be no residential occupancy of the
first floor of the existing structure.
(m) No hazardous materials shall be stored upon the
Locus except in compliance with all applicable regulations,
federal, state and local .
(n) The office in the first floor of the existing
structure shall be used exclusively for the purposes of providing
management and maintenance services for the Nashaquisset
community and the M.B. Farms subdivision of which it is a part,
and rental, and rentals and sales of the homes in the
Nashaquisset community only.
(o) Use of the existing structure for meetings shall
be limited to meetings of the homeowners' associations of the
Nashaquisset community and M.B. Farms, and hall not be used for
public, catered events .
Dated: Jug/ 1996 D
Micha . O'Mara
(�z ( n. 3
. of)o.‘"
b / ichael ge A o
Nancy J. S 1-:.4s
f:\wp\nashaqui\03596boa.dec
RECEIVED CLERK'S OFFICE
NANT(JCKFT MA 02554
JUL 0 2 1996
TIME: .�
CLERK: `Q�\—
osruckF), TOWN OF NANTUCKET
BOARD OF APPEALS
°00PORmig. NANTUCKET, MASSACHUSETTS 02554
NOTICE
A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS
will be held at 1 :00 P.M. , FRIDAY, JUNE 7, 1996, in the
Selectmen ' s Meeting Room, Town and County Building, Broad Street ,
Nantucket, Massachusetts , on the Application of the following:
NASHAQUISSET COOPERATIVE, INC.
BOARD OF APPEALS FILE NO . 035-96
Applicant is seeking a SPECIAL PERMIT under Nantucket
Zoning By-Law §139-8B( 2 ) (neighborhood service establishment) .
Applicant proposes to use a portion of the first floor of an
existing structure upon the subject premises as a service center
for the Nashaquisset community of which it is a part, exclusively
for the management, maintenance and repair of the homes located
in the community and for the convenience of Nashaquisett
homeowners . The upper floors of the structure contain a dwelling
unit, which will continue to exist . Applicant also proposes to
construct a garage upon the premises, ancillary to the dwelling
and neighborhood service uses . See Board of Appeals File No.
107-89 and 029-96 (withdrawn) .
The premises is located at 7 , 9, 11 WASHAMAN AVENUE and 13
YOMPASHHAM LANE, Assessor ' s Map 55, Parcels 539, 529, 538 and
531 , Lots 24, 34 and 22 , Plan File 14-F; Lot 160, Plan Book 24,
Page 96 . The property is zoned Residential-10 .
° (9A .
Michael J . 0 'M YIY. , 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
TOWN AND COUNTY BUILDING Date (1(12
NANTUCKET, MA 02554
CASE No.`9f ) -
APPLICATION FOR RELIEF
Owner's name(s) : Nashaquisset Cooperative., Inc.
Mailing address: c/o Reade & Alger Professional Corporation
Applicant's name: Same
Mailing address: 6 Young's Way. P.O. Box 2669, Nantucket, Mass. 02584
Location of lot: Assessor's map and parcel number 55-539, 529. 538
and 531
Street address: 7, 9 and 11 Washaman Avenue and 13 Yompashham Lane
Registry Land Ct Plan, Plan Bk & Pg or Plan File 14-F Lots 24, 34 and
22: Plan Book 24, Page 96, Lot: 160
Date lot acquired: S/29/87 Deed Ref 310/335 Zoning district R-10
Uses on lot - commercial: None x or MCD? No
- number of: dwellings 1 duplex apartments_ rental rooms
Building date(s) : all pre-8/72? Yes or C of 0? No
Building Permit appl'n Nos. 6264-88:6265-88:6711-89:6920-89:12526-95
Case Nos. all BoA applications, lawsuits: 107-88, 029-96(withdrawn)
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 A if a Special Permit (and 139-33A
_ if to alter or extend a nonconforming use) . If appeal per 139-31A
& B attach decision or order' appealed. OK to attach addendum2
The applicant requests a special permit under Nantucket Zoning By-law
§139-8.B(2) , Neighborhood Service Establishments, to permit use of a
portion of the first story of the existing structure upon the subject
premises as a service center for the Nashaquisset community of which
it is a part, exclusively for the management, maintenance and repair
of the homes located in the Nashaquisset community and for the
convenience of Nashaquisset homeowners. The upper floors of the
structure contain a dwelling unit, which will continue to exist.
Applicant also proposes to construct a garage upon the premises,
ancillary to the dwelling and neighborhood service use.
Items enclosed as part of this Application: order"_ addendum` _
Locus map x Site plan x showing present x + planned _ structures
Floor plans present _ proposed x elevations _(HDC approved? _)
Listing lot area _ frontage _ setbacks _ GCR _ parking data
Assessor-certified addressee list 4 sets x mailing labels 2 sets x
$200 fee payable to Town of Nantucket x proof3 'cap' covenant _
'(If an appeal, ask Town Clerk to send Bldg Comr's record to BOA. )
I certify that the requested information submitted is substantially
complete and true to the best of my knowledge, under the pains and
penalties of perry.
SIGNATURE: � l-- Applicant _ Attorney/agent x
3(If not owner or owner's attorney, enclose proof of authority)
FOR BoA OFFICE USE
1---/7 7,,ECETI VED
Application copies reed: 4 �or for IBoA on / F�Qby TOWN LRK'S OFFICE
One copy filed with Town Clerk on �_� ��LSL/by� /U/ complete? NANT� MA 025 54
One copy each to Planning Bd and Building De. W/r` b
$200 fee check given Town Tr asurer on If. .y ii wave MAY 2 2 '1996
Hearing notice posted f-221-/ mailed(r/ r AOI & M /Z A , j /*W.- T hul :
Hearing(s) on / / cont'd to / / , / / withdrawn? / /
Decision due by / / made / / filed TC / / mailed /_/_
CLERK:
See related cases lawsuits other
f:\wp\nashaqui\5-96boa.app
•
•
6,
See 50S
WEST YON= '•
TOWN Of 124 LA MANN N men A N W STN ET
ti, r Cw:.v..WO ,� NANTUCKET Bit, ,I� �r O• = 8
WAYS 31• s1==t� b== i 3� '��,.01
rfk
re�"�� TOWN OF NANTUCKET
331 .
"a°11111,21105121 MallaillitlariSLV'C+0%:441A11‘ 4403
HILL Nlll AVM� ma ��� Qj�
CEMETC
RY �C
J
ill A ,
l�1. � ��� X65
�® N.C.N. F- ��
17 11� s MN Mann 320 I 370 tN.cs,immg q,
2.0 A . 46, ..„4,000 IN !3. VESPER wUy..M1 .1 , & •u.1 \
>� 1��
LANE ®� 'N
,,
,,„ .._ e U NE 2. .
itiayra
es IN ' )Y U.S.A. 1—. .0
d: ralwalerVF *6 S � 248 1.3
Z . 3_34 ,-ii... .„,,if
n 0 1� Q `/
xy,� U.S.A. "A• �•� TOY7N OF NANTUCKET
C
Ito 118 O �'I u _ 137
Gj11 8.1 A
h )YI
I tb_ e i .;Ia A eia 5∎ v, A To
�ssc 3'+n va a at4 1
�' set
li• 11\I �' ''r. iq ,lo
t x■+ S1C �F ta,r�EiRf-„y. I,�� a .,„ A� E1O0_9� TOWN OF NANTUCKET
a` sM i1'� so-8 12.8 A 4.0�� J ... t t dyT Sd� Iv , - .: Yen,hu,.M*1
r -P
9°. 4317 d r tr
z�b A n'� �� ��..,, �rtt>•1 0 �of w .
j '14'r
to Ott r
Q ���� ,43 N �t! .jl•`
u2 bs ��t �y
RE ®try � ° e�
463 \� 4t/..•Al •68 .� O t
M.i OWN PNVu aasua a ib. �. LA Qa 1 17 4'3 •„ c1 '
�$ 2 10
I qO,( 451 U'� �2 10 3 t 4 100.I '
SM ry aSo 482 4N ® TOWN OF MANTUCK£T
40•s, ,- " „e „i 4,6 ��s
11111111*
lot
111 M. .y .'LLM fi7 M.BA
'1 3 A 4Ss."4 •,1 !r ti /"i 4Ea 48s 4sn 4!1 •es
4ry 1`i' e -- t 11 ,•h 45 ry 1:.,a 4.8 'V ,x M�EA.N LAN y- i 1 I7A
I]8A 4y "1 / p tq i1 to T -Z--- 2 'r
^Q `o q �4 X4.6 ••s a•• 4H'M24u�'4.0 1�
L.
Y 45• 4 i
'151. a � 1Z . °�I,.s.
0 ac `c,s "v, '4., 102.3
p® A. 7 T . T s. .s y1, i ,
W¢�8 D0 T Id=! IOL2 GJ N'9'' ► ��8T-11 ...__? _-1-. 8 l E:-Ib r 1 ,
l �O�� 1
• e S LEGEND _ 1�E
_ _ . _ .,__.....,,., ennservaticn Foundation, Inc.
05/07/1996 13:45 6178647250 CEA GROUP, INC PAGE 02
1 '/
fl• " •?' •
. /
` _` , y, .\ /.
.' I `.
- .. -s. s. -. ', ).--.\
•
c ., ,-
\ \ /
,rte \ 0 1 011[1)Al1 pry?
Z - /[.N/.1'e\4:l'/...
-\-' .\ '''\-r
,/‘ ..." "" 's \\.' - /\\ .7 " 1
S
\' - `\ �•• ' de.• (,. '' .� .
.C.-:,,c, '..*4 . \ \</--.' .0-e‘ a • - r--.
• � �� � • 0
Ovi
1♦ /11:.--‘
♦�`� '' ( n ,' - 1 •-
'c.°p‘.4):1. ►"11� `� / ,_� /�- 4 lG/llll!IU1111a1 1)_ _______ . ______. -____. )
Y..• _
y\• 4i ( F d >�l_ s�
rG� 7/04;���rq/�l iii I wolf-. N t\\ ,` \ a Y01CJ�i`i C1
�J tt 4)' .4' / • .G-;,.,.s. " './ .�. ),; • /•
�')� •/rte r t•\. ,t yy�1�11‘.•:‘
\ 4V4 ‘. • ,et...i*5; . . ‘`.. -,..."---'
-..• '1.7 -xtv 5--; , • •• ., ,.; • • • - . a /...c ■...........---
�l / r Proposed Garay e
Vii n / ` .cam 'l'`t ` ` f
` �iY rb 'v V "_, . '.r ; "EXISTING AND PROPOSED
,p !MI
v- , STRUCTURES
-6‘ It r
‘1 -L -Q :1.1L.;........,...,,
Q
(V 0�'�l tT �'f
..?"0" mom,