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HomeMy WebLinkAbout036-96 • TOWN OF NANTUCKET BOARD OF APPEALS • A• 0.9PoRATEv NANTUCKET, MASSACHUSETTS 02554 Date: June 26 , 1996 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. : 036-96 Owner/Applicant: DAVID GOODMAN AND MICHAEL T. HAIGLEY/ OWNERS AND PATRICIA SANTOS, 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 . (4cLQj 0 w\av Michael J. O 'Mar . 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 69, Parcels 43 and 44 Land Court Plan 14342-K, 8 and 10 Square Rigger Road Lots 24 and 25 Residential Commercial-2 Certificates of Title Nos . 11059 and 10325 DECISION: 1 . At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, June 21, 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 DAVID GOODMAN and MICHAEL T. HAIGLEY/Owners and PATRICIA SANTOS/Contract Purchaser, c/o Reade & Alger Professional Corporation, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 036-96 : 2 . The applicants are seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-9 .B. (2) (b) (c) and (g) , to enable use of the subject property, consisting of two lots to be merged together as a single lot, for storage and warehousing, including properly screened open storage of goods, materials and equipment, fabrication and assembly of component parts for off-site construction or use, and a garage for storage, repair washing and other servicing of motor vehicles . Applicant Santos intends to construct a commercial building which will contain the garage, a contractor' s shop, and an office, said building to be connected to a duplex dwelling, also proposed to be located upon the subject property. The subject property (the "Locus" ) is located at 8 and 10 SQUARE RIGGER ROAD, Assessor' s Map 69, Parcels 43 and 44 , Lots 24 and 25, Land Court Plan No. 14342-K. The property is zoned RESIDENTIAL-COMMERCIAL-2 . 3 . Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. The Planning Board recommendation noted that mixed use development of the Locus was possible, and recited recommendations aimed at enhancing the compatibility of those uses . Several letters in support of the project were received by the Board, and two letters in opposition were received. Two abutters in opposition appeared at the public hearing. A letter was received from a surveyor, verifying that. the site lies outside of the Aquifer Recharge District . 4 . Applicant Santos, who with other members of her family, is engaged in the rubbish removal business, plans to purchase the Locus and build a commercial structure for garaging and servicing of trucks, and storage and warehousing of dumpsters, containers, and related items . The structure will also house a contractor' s shop, as well as an office ancillary to the rubbish removal 1 operation. Outside storage of trucks, dumpsters, and containers is also contemplated. The site plan for the project shows that the outside storage area will be secured by a chain link fence, and that vegetative screening shall be planted. The site plan also shows that adequate parking for the project is provided. The proposed structures upon the Locus, which also include a duplex dwelling unit, have been approved by the Historic District Commission under Certificate of Appropriateness No . 28850 . The abutters in opposition expressed concerns about increased traffic which would result from the proposed commercial use of the Locus, citing safety concerns from large trucks entering and exiting the Locus, in an area that contains some residential dwellings . Health-related, and air-traffic control, concerns were also expressed. In the course of the hearing, suggestions were made as to conditions to be imposed upon the project in order to alleviate abutter concerns . 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) There will be no garbage stored upon the Locus overnight . (b) All trucks that are in direct contact with refuse, i . e. refuse and garbage that is not bagged or otherwise contained, are to be washed and sanitized daily. (c) All dumpsters and trash containers that come out of service back to the Locus are to be washed and sanitized before storing, with such storage to be within the enclosed storage area. (d) Applicant shall install a "closed drainage system" on site, to be used at all times when trucks or trash containers are being washed and sanitized, or otherwise serviced. (e) The enclosed storage area containing three parking spaces as shown upon the site plan, attached hereto as Exhibit A, shall be enclosed on the east, north and south sides by a chain 2 link fence, no less than six feet in height, and on the west side by the garage structure itself . (f) The packing garbage trucks shall be stored overnight inside the garage structure; all other commercial vehicles, with the exception of vehicles belonging to any residential tenants of the Locus, shall be stored overnight within the fenced-in area, and the fence gate will be locked at night . (g) Temporary daytime parking of all commercial vehicles associated with the refuse business shall be within the fenced-in area only. (h) Dense, vegetative screening of the constructed buildings shall be provide�,��a?d, maintained,, n cormity with Exhibit A. itr C? 777)1/i�,J ! - (1) The hours of operation for the refuse collection business shall be from 6 : 30 A.M. to 6 : 30 P.M. , daily, (j ) The hours of operation for any contractor' s or carpenter' s shop upon the Locus shall be Monday through Friday, from 7 : 30 A.M. to 5 : 00 P.M. (k) All carpentry work shall be performed inside the structures, all windows and doors of the carpentry shop shall be closed during hours of operation. (1) No hazardous materials shall be stored upon the Locus except in compliance with all applicable federal, state and local regulations . (m) The project shall be constructed substantially in compliance with the Historic District Commiss ' on Certificate of Appropriateness No. 28850 . Dated: June 4, 1996 Mic el J. O'Mara r RECEIVED f �'� 'U ii CO TOWN CLERK'S OFFICE inda F. William N'4NTUCKET MA 02554 JUN 2 6 1996 TIME: (111111"WAWk. .��/ CLERK r / egtfff ae ' Angela-' o f:\wp\santospa\03696boa.dec 3 k1- lel— / ; . 0 e : I I j ,..,...„,,,,,,iii* R Ili' II i� � YS♦ f �f 1 Viaf. y,� : `tt I� e ° a.a t`{+ ?_ . r to � 3FS r < + _ i: e , <• i �/ Q ,l - }13j.h• Yw-� i ! .∎ .S , r .s'a _ 3 •' #? t.:?.. � ' 't t;:q pp g. a:. y •� >':•rot d}:� das , t*#.4‘ 4 4 In V 1 n • 4. • ter . ):'*.-;,. ....-:=.;..'.-.: iiis.,-, • 1!1, •vt. I 4 1 L } .:: a T ?' o 'g"4t. Sk t.o.,..4 4- a s. �I Rti y' r ` P^°IQ Y m ikt Zy- • y O � �7 ., 1 '5; - ,-t. +5- i 3 t '� , 1.•_∎,.. {' f II' I 1L ww �~r_ra'r►4.a,��La'..:h :.� `: iii<c�..�e .. •t,.. �! i ' •.bll o`,p,NTUCCt, TOWN OF NANTUCKET Fig BOARD OF APPEALS • e4PoRATIo° 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: DAVID GOODMAN (OWNER) , MICHAEL T. HAIGLEY (OWNER) AND PATRICIA SANTOS (CONTRACT PURCHASER) BOARD OF APPEALS FILE NO. 036-96 Applicants are seeking a SPECIAL PERMIT under Nantucket Zoning By-Law § 139-9B( 2 ) (b) (c) and (g) , to enable use of the Locus , consisting of two ( 2 ) lots to be merged together as a single lot, for storage and warehousing, including properly screened open storage of goods , materials and equipment, fabrication and assembly of component parts for off-site construction or use, and a garage for storage, repair, washing and other servicing of motor vehicles . Applicant (Santos) intends to construct a commercial building which will contain the garage , a contractor ' s shop, and an office, said building to be connected to a duplex dwelling, also proposed to be located upon the premises . The premises is located at 8 and 10 SQUARE RIGGER ROAD, Assessor ' s Map 69 , Parcels 43 and 44, Lots 24 and 25 , Land Court Plan No . 14342-K. The property is zoned Residential-Commercial-2 . 1111 1 ichael J . 0 ' r , 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 NANTUCKET, MA 02554 _,� CASE No. ��Ie7_ APPLICATION FOR RELIEF Owner's name(s) : David Goodman Mailing address: 17 Helen's Drive, Nantucket. Massachusetts 02554 Owner's name(s) : Michael T. Haigley Mailing address: c/o Rhoda H. Weinman. Post Office Box 1365. Nantucket, Massachusetts 02554 Applicant's name: Patricia Santos (Contract purchaser) Mailing address: c/o Reade & Alger Professional Corporation, Post Office Box 2669. Nantucket, Massachusetts 02584 Location of lot: Assessor's map and parcel number 69-43 and 44 Street address: 8 and 10 Square Rigger Road Registry Land Ct Plan, 14342-K Lots 24 and 25 Date lot acquired: 2/22/$4 Cert.of Title 11059 12/2/$2 Cert.of Title 10325 Zoning district RC-2 Uses on lot - commercial:_proposed MCD? no- number of: dwellings duplex one proposed apartments= rental rooms= Building date(s) : all pre-8/72_ or vacant land C of 0? Building Permit appl'n Nos. 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 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 orders appealed. OK to attach addendum2 Applicant requests a Special Permit pursuant to the provisions of §139-9.B. (2) (b) (c) and (g) , to enable use of the Locus, consisting of two lots to be merged together as a single lot, for storage and warehousing, including properly screened open storage of goods, materials and equipment, fabrication and assembly of component parts for off-site construction or use, and a garage for storage, repair, washing and other servicing of motor vehicles. Applicant intends to construct a commercial building which will contain the garage, a contractor's shop, and an office, said building to be connected to a duplex dwelling, also proposed to be located upon the Locus. Items enclosed as part of this Application: order"'= addendum`_X Locus map A Site plan A showing present + planned A structures Floor plans present = proposed A elevations (HDC approved? ) Listing lot area A frontage setbacks _ GCR A parking data A Assessor-certified addressee list 4 sets A mailing labels 2 sets A RECEIVED $200 fee payable to Town of Nantucket A proof3 'cap' covenant _ 1(If an appeal, ask Town Clerk to send Bldg Comr's record to BOA.) AWN CLERK'S OFFICE NANT(.R.'t<E r n n A, )2554 I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under the pains and MAY 2 2 1996 penalties of perj ry. -�2�?G�/J. TIME: SIGNATURE: 7/. /i Y e_ Applicant = Attorney/agent A 3(If not owner or owner's attorney, enclose proof of authority) CLERK: FOR Bo OFFICE USE __ Application copies rec'd: 4 V or for B on / /��by � One copy filed with Town Clerk on 37/22/ by , c--mplete? One copy each to Planning Bd and Buildi ept / Z /r, by 7i (�L b l ' waived? $200 fee check given n Tre surer on / 7 Y �_ Hearing notice posted / nailedC/ & M / � Hearing(s) on / / cont'd to / / , / / withdrawn? / / Decision due by / / made / / filed TC /_/_ mailed _/_/_ See related cases lawsuits other L , +3...., . Q Aftillitaliprip,„,„„„„li, . aill TM( INNER • 11 .11VZIND 14.1 12IM ,, .."Itil it! :11'11'11' I %Wilk to Alt yo.7 sour . v 111 II AS 11411 41, it : TARE •„.. I 75 4 .. Tihi • / - f }' allt •J� ��LR, , r THE INNA•RANTS OF THE TOWN OF NANTLNA([T � / atal - i.4181111110 :411 - W , . VAS AC. ,• Oh Air, airr... , tit... 140( t, , I r 5 0 O LO 111 *111011111W _�� SOUTH ROAD A gel 1 INC INNASTANTS OF THE y/`� TOWN OF NANTUCKET _ NANTUCKET MEMORIAL AIRPORT THE INNAIITANTS OF TN[TOWN OF NANTUCKET 7• 1 NANTUCKET MEMORIAL. AIRPORT TR I r y 1`0y rl ci 8 N PO w N94000. . REVISIONS LEGEND 1r ()Ali PARCEL DAIS PARCEL °Alf PARCEL ,1,11 E, rI 1��`�•. 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