HomeMy WebLinkAbout039-96 039' - %
n, u0,, TOWN OF NANTUCKET
3:
° N BOARD OF APPEALS
9pORATe° NANTUCKET, MASSACHUSETTS 02554
Date: September cO , 1996
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No. : 039-96
Owner/Applicant: ERNEST J. JAXTIMER, TRUSTEE OF JAXTIMER
REALTY TRUST
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 J 0 ar . 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 .
404TUeke>. TOWN OF NANTUCKET
° ' N BOARD OF APPEALS
2.4)4PORA1E9. NANTUCKET, MASSACHUSETTS 02554
Assessor ' s Map 69 136 Old South Road
Parcel 39 Land Court Plan 14342-H
R-C-2 Cert . of Title 15 , 288
At a Public Hearing of the Nantucket Zoning Board of Appeals
held at 1 : 00 P.M. , Friday, July 12 , 1996 , in the Selectmen ' s Meeting
Room, Town and County Building, Broad Street , Nantucket , Massachusetts ,
on the Application of ERNEST J. JAXTIMER, TRUSTEE OF JAXTIMER REALTY
TRUST, of 75 Sturbridge Drive , Osterville, MA 02655 , Board of Appeals
File No . 039-96 , the Board of Appeals made the following Decision:
1 . Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning
By-Law §139-9B( 2 ) (b) ( storage and warehousing, including properly
screened open storage of goods and materials ) . Applicant proposes to
construct a self-storage facility on the vacant parcel that would
contain eight ( 8) bays divided between two ( 2 ) buildings to be used for
the storage of vehicles , boats and other goods and materials . The Lot
will also contain one ( 1 ) apartment unit .
The premises is located at 136 Old South Road , Assessor ' s Map
69, Parcel 39 . The property is zoned Residential-Commercial-2 .
2 . The Decision is based upon the Application and materials
submitted with it , and the testimony, site plan and evidence submitted
at the Hearing. The Planning Board recommendation was favorable with
certain conditions relating to the particulars of the parking area and
hours of operation . One ( 1 ) abutter was present at the Hearing and
expressed concerns about hours of operation, screening and noise .
3 . Applicant , through his attorney, represented that he wished to
construct two ( 2 ) buildings as shown on the Site Plan prepared for E.J .
Jaxtimer by Nantucket Surveyors , Inc. , dated June 19 , 1996 , a copy of
which is annexed hereto and marked as "Exhibit A" . The rear building on
the northerly side of the premises includes four (4) storage bays . The
front building includes four (4) storage bays and a second-floor
apartment . Six (6) off-street parking spaces , including one ( 1 )
handicapped accessible space, are to be located on the easterly side of
the premises and a loading zone is to be located on the westerly side
of the premises . An area of green space of approximately 4 , 595+ square
feet is proposed between Old South Road and the front of the building ,
with vegetative screening along the sides and rear of the premises . The
Lot includes approximately 13 , 868+ square feet , has 89 . 14 feet of
frontage along Old South Road , and the proposed structures on the
premises will comply with all pertinent zoning intensity regulations .
4 . The Board reviewed the Planning Board recommendation and
suggested that the use of the storage facility be limited to passive
storage and not active business uses . Further, the Board requested that
the vegetative screening proposed along a portion of the rear property
line , be extended along the entire rear lot line .
5 . The Board finds that the proposed self-storage facility and one
( 1 ) apartment would be in harmony with the purpose and intent of the
Zoning By-Law.
6 . Accordingly, by a unanimous vote, the Board GRANTS the requested
SPECIAL PERMIT under Nantucket Zoning By-Law §139-9B( 2 ) (b) to allow the
use of the property as proposed subject to the following conditions :
A) The proposed project shall he constructed in substantial
conformance with the Site Plan prepared by Nantucket Surveyors , Inc . ,
dated June 19, 1996 , a copy of which is attached hereto and marked as
"Exhibit A" ;
B) The use of the proposed commercial storage bays is limited
to passive, "dead" storage only and not for active commercial uses
without further relief from this Board;
C) Dense vegetative screening shall be planted and maintained
along the entire rear lot line and westerly and easterly side lot lines
and shall be no lower than three (3) feet in height , and the green space
area shall be planted andmaintained as shown on Exhibit A;
D) A paved driveway entrance apron, with a minimum length of
twenty ( 20) feet, shall be constructed from Old South Road onto the
premises .
E) The parking area shall have a gravel surface and be
maintained on an annual basis;
F) Floodlights are prohibited due to the site ' s proximity
to the Nantucket Memorial Airport; and
G) Open storage of goods and materials are prohibited without
further relief from this Board .
Dated : Septemb-. • P , 1996
Mi • - I®� 0 "
�'- � . Linda F . Williams
I. v(
Rober't . eichter William Hourihan
Edward 'S . Toole RECEIVED
TOWN CLERK'S OFFICE
NANTUCKET MA 02554
SEP 2 0 1996
TIME: 1 ( "mss A/.1
CLERK:
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GREEN SPACE 1
4,595. sq. Ft.
33(131. TO NOBA• 0.10 acres
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OAD 21'
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O APPROXIMA TELY
SOUTH ARRowHE 240' TO
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PROPOSED DENSE
• . SHRUB SCREENING
CURRENT ZONING: RESIDENTIAL COMMERCIAL 2
MINIMUM LOT SIZE: 5,000 SQ. FT
. MINIMUM FRONTAGE: 40 FT
FRONTYARD SETBACK: 20 FT PLAN OF PROPOSED
SIDE AND REAR SETBACK: 5 FT DWELLING AND STORAGE BUILI)INGS
ALLOWABLE G.C.R.: 6,935 SQ. FT OR 507. IN
EXISTING G.C.R.: NONE NANTUCKET, MASSACHUSE1 IS
PROPOSED G.C.R.: 2,909 SQ. FT OR 21% SCALE: 1%,20' DATE: 6/1i./96
REQUIRED GREEN SPACE: 2,774 SQ. FT
PROPOSED GREEN SPACE: 4,595 SQ. FT OR 33% FoR REVIEW DEED REFERENCE: LC CER- 15,288
PLAN REFERENCE: LC PL '4342H
FOR PROPERTY UNE DETERMINATION THIS PLOT PLAN ASSESSOR'S REFERENCE:
REUES ON CURRENT DEEDS AND PLANS OF RECORD.
THIS PLAN IS NOT REPRESENTED TO BE A TITLE MAP: 69 PARCEL: 39
EXAMINATION OR A RECORDABLE SURVEY. PREPARED FOR:
I HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE E.J. JAXTIMER
THAT THE PREMISES SHOWN ON THIS PLAN ARE
LOCATED WITHIN THE 'C' ZONE AS DEUNEATED NANTUCKET SURVEYORS it,C.
ON THE 'FIRM" MAP OF COMMUNITY NO. 250230;
MASS. EFFECTIVE: 6-3-86 BY THE FEDERAL 5 WINDY WAY
EMERGENCY MANAGEMENT AGENCY. NANTUCKET, MA. 02554
N.B. 107/130 N-5369
-
ospATUC*.. TOWN OF NANTUCKET
•
_ ' BOARD OF APPEALS
.y y
-4PORAISO• NANTUCKET, MASSACHUSETTS 02554
NOTICE
A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS
will be held at 1 : 00 P.M. , FRIDAY, JULY 12 , 1996, in the
Selectmen' s Meeting Room, Town and County Building, Broad Street,
Nantucket, Massachusetts , on the Application of the following:
ERNEST J. JAXTIMER, TRUSTEE OF JAXTIMER REALTY TRUST
BOARD OF APPEALS FILE NO. 039-96
Applicant is seeking a SPECIAL PERMIT under Nantucket
Zoning By-Law §139-9B( 2 ) (b) (Storage and warehousing, including
properly screened open storage of goods and materials) . Applicant
proposes to construct a self-storage facility on the vacant
parcel that would contain eight (8) bays divided between two ( 2 )
buildings to be used for the storage of vehicles , boats and other
goods and materials . The Lot will also contain one ( 1 ) apartment
unit .
The premises is located at 136 OLD SOUTH ROAD, Assessor ' s
Map 69, Parcel 39 . The property is zoned Residential-Commercial-2 .
C�Ct�Q .(} /NO VI
Michael J. 'Mara , Chairman
RECEIVED
TOWN CLERK'S OFF CE
NANTUCKET, MA 02r:ib4
JUN 2 4 1996
TIME: `f'clei
cE
CLERK: nifi�
THIS NOTICE iS AVAILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. FOR ASSISTANCE CALL
(508) 228-7215 .
ADDENDUM "A"
The Applicant, Ernest J. Jaxtimer, Trustee of Jaxtimer
Realty Trust is the owner of a vacant parcel of land situated at
136 Old South Road, Nantucket, Massachusetts. The Property is
located in the RESIDENTIAL COMMERCIAL 2 (RC-2) Zoning District
and contains 13 ,712 ± square feet.
The Applicant intends to construct a small self-storage
facility on the Property consisting eight (8) bays divided
between two buildings for storage of vehicles, boats, and other
goods and materials. Each bay to be serviced by electricity
only. Accordingly, the Applicant seeks a Special Permit pursuant
to Section 139-9 (B) (2) (b) of the By-Law to allow for such
"storage and warehousing" on the Property.
The proposed storage facility will comply with all pertinent
laws, rules and regulations and will not be more substantially
detrimental to the neighborhood then other storage and warehouse
uses in this RC-2 District.
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