HomeMy WebLinkAbout036-96 •
TOWN OF NANTUCKET
BOARD OF APPEALS
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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
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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
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