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HomeMy WebLinkAbout027-01 I r ll! TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: fnfj" , 20 (JJ To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: ()27, d I IV OrTM('f1 :CVJ(!. I ~ VI ro-~ Owner/Applicant: !3cJ/ /~rs 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. 4qju(dO~ '" I 'cJ,a.J1 0: 0 r trcJACj / Cha i rman 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); 9139-321 (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. 'I' ZONING BOARD OF APPEALS 37 Washington Street Nantucket, Massachusetts 02554 Map 67 Parcel 118 Zoned RC-2 9 Windy Way Plan Book 22, Page 94 Deed Reference Book 664, Page 250 At a Public Hearing of the NANTUCKET BOARD OF APPEALS held at 1:00 p.m, Friday, April 6, 2001, in the Conference Room of the Town of Nantucket Annex Building, 37 Washington Street, Nantucket, Massachusetts 02554, on the Application of NORTHERN HERITAGE BUDDERS, INC., of9 Windy Way, Nantucket, Massachusetts 02584, (Board of Appeals File No. 027-01), the Board made the following decision: 1. The Applicant is seeking a MODIFICATION of the Decisions in BOA File Nos. 013-77, 089-86 and 063-98. Applicant proposes to convert an existing carpenter's shop into office space, to add a covered entryway and to expand the main building upwards to enlarge a second floor apartment. The original Decisions allowed the construction of a carpenter's shop, office space and an apartment in the main building, and a separate two- bay garage structure, with a second floor apartment. The Application is also seeking relief by SPECIAL PERMIT under Nantucket Zoning Bylaw Section 139-18 to waive up to six (6) additional parking spaces (with up to 12 spaces being required for the proposed uses), and to validate the parking layout for six (6) spaces, as presented. To the extent necessary, Applicant is asking for relief by SPECIAL PERMIT under Nantucket Zoning Bylaw Section 139-20C to waive the loading zone requirements, and/or validate the loading zone as it currently exists, partially on the subject Lot and partially within the hammerhead road layout. The Premises is located at 9 WINDY WAY, Assessor's Map 67, Parcel 118, Plan Book 22, Page 94. The property is zoned Residential-Commerical-2. 2. The Decision is based upon the Application and the materials submitted with it and the testimony and evidence presented at the Hearing. An Abutter spoke in favor of the application at the Hearing and another abutter wrote a letter in ~vor of the application, with stipulation that ladders and other materials were removed from existing parking areas. The Planning Board made no recommendation, as the matter was not of planning concern. A letter was submitted from the Wannacomet Water Company, as required under Nantucket Zoning By-Law ~ 139-23, stating that the proposed change in use and expansion would not have a negative impact on the existing storm water drainage. 3. Applicant represents that the Locus is improved with a main structure covering approximately:!:: 1817 square feet that contains a carpenter's shop and offices on its first floor and a second-floor apartment, and a separate:!:: 415 square foot garage structure, with a second-floor apartment. All these structures and uses are duly permitted by the above-referenced Decisions. By this application, the Applicant seeks to convert the shop space into additional offices, add a new covered entryway and expand the main structure ," upwards so as to enlarge the second floor apartment. The removal of the shop eliminates an unsightly overhead door on the front of the building and the resulting office use is permitted by right in this zoning district. However, the main structure is located as close as:!:: 1.7 feet to the front lot line and the covered entry way and the upward expansion will be within the required 20 foot front yard set back, but said work will come no closer than roughly seven (7) feet from the front lot line. The six (6) parking spaces validated by the Board in BOA File #063-98 will be maintained, but the change in use increases the required parking under the Bylaw as follows: Parking Calculation: :!::1817 SF office @ 1 space per 200 SF = 2 dwellings @ 1 space per dwelling = :!:: 415 SF garage @ 1 space per 900 SF= Total 9 spaces 2 spaces o s.paces 11 spaces There is no room for additional on-site parking. However, the Locus is situated at the end of a hammerhead private way that is paved seamlessly to front of main structure and additional parking is available on street in front of the main structure. The Applicant requests that the Board waive five (5) of the required eleven (11) parking spaces, validate the current parking layout, waive the loading zone requirement, and approve the new covered entryway and upward expansion of the second floor apartment. 4. Therefore, the Board finds that a grant of the requested MODIFICATION to convert the first floor carpenter's shop into office space, construct a new entryway and upwardly expand the second floor apartment to be in harmony with the general purpose and intent of the Bylaw and to be not substantially more detrimental to the neighborhood than the existing structures and uses. The immediate area is comprised of commercial businesses similar to the Applicant's. The Board also finds that a grant ofa SPECIAL PERMIT to validate and allow the existing non-conforming parking plan for six (6) parking spaces, with the exception of the one (1) truncated space, and waive five (5) additional required parking spaces, would be in harmony with the general purpose and intent of the Bylaw and not be contrary to sound traffic and safety considerations. The Board further finds that a waiver of the loading zone requirement would also be in harmony with the general purpose and intent of this Bylaw and that maintaining the existing loading zone situation would not be contrary to sound traffic, parking or safety considerations, with the Board noting that there is little traffic at the dead end portion of the private way and the existing loading zone provides little impediment to the traffic flow. 5. Accordingly, by a unanimous vote, the Board GRANTS the requested MODIFICATION of the Decisions in BOA File Nos. 013-77,089-86 and 063-98, to allow the shop area to be converted into office space, the construction of a covered entryway and the upward expansion of second floor apartment, as proposed, and GRANTS the requested SPECIAL PERMIT under Nantucket Zoning By-Law ~ 139-18 and 139-20C, validating the parking situation, allowing the northern most parking space of the six (6) provided, to be truncated as shown on the plan by Nantucket Surveyors, Inc., dated 3/13/01, and on file at the Board of Appeals, and waiving the loading zone requirement, on the following conditions: ,., .., a. The office space on the Locus shall be used by a single commercial tenant; and b. Ladders and other materials shall be removed from the parking areas and said areas shall be used for the parking of automobiles. 6. The Board, by a unanimous vote, approved the site plan, entitled "Site Plan To Accompany Zoning Board of Appeals Application", dated March 13,2001 by Nantucket Surveyors, under Bylaw ~ 139-23. Dated: May JL, 2001 "'l:t Cl c:? LlJ fY) -x: CL J.Ja:: ;;::w - ~...J J..j - =lU I~ ~ -z . t<< x:: ~~ 1,.1..1 a:: ;,zo J- - P \r\ft. 't\"'~ ~ William P. Hourihan Edward J. Sanford " TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 NOTICE A Public Hearing of the Nantucket ZOning Board of Appeals will be held at 1:00 P.M., FRIDAY, APRIL 6,2001, in the Conference Room, tOwn Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: NORTHERN HERITAGE BUILDERS. INC. JR. BOARD OF APPEALS FILE NO. 027-01 Applicant is seeking a MODIFlCATION of the Decisions in BOA Fue Nos. 013- 77, 089-86 and 06J-98. Applicant proposes toeonvert an existing carpenter's shop into office space and to expand the main building upwards to enlarge a second floor apartment. The original Decisions allowed the construction of a carpenter's shop, office space and an apartment in the main building and a separate two-bay garage, with a second floor apartment. The Applicant is also -seeking relief by SPECIAL PERMJ;T under Nantucket Zoning Bylaw Section 139-18 to waive up to six (6) additional parking spaces (with 12 being required for the propoSed uses), and to validate the parking layout for the six (6) spaces, as presented. To the extent necessary, Applicant is asking for relief by SPECIAL PERMIT under Nantucket Zoning Bylaw Section 139-20C to waive the loading zone requirements, and/or validate the loading zone as it currently exists, partially on the subject Lot and partially within the hammerhead road layout. The Premises is located at 9 WINDY WAY, Assessor's Map 67, Parcel 118, Plan Book 22, Page 94. The property is zoned Residential-Commercial-2. ~\dmJ)JD~ Michael J. O'Mara, aIrman THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL (508) 228-7215 FOR FURTHER INFORMATION. 9 ::u -tz 0)> :::z rn =E-,. > l-"~ :z:~ :::a , , CJr:._ ~ rr ,{ ) < r11:::::- -0 :::0 p'; rn ::x- '"" W CJ ~~ Case No. ~ ~ NANTUCKET ZONING BOARD OF APPEALS 39 W ASIllNGTON STREET NANTUCKET, MA 02554 APPLICATION FOR RELIEF Owner's name(s): Northern Heritage Builders, Inc. Mailing address: 9 Windy Way, Nantucket, MA 02554 Applicant's name(s): Same Mailing address: Same Location ofIot: Assessor's Map and Parcel 67-118 Street address: 9 Windy Way Registry LCPL, Plan Book or Plan File #: PLBK 22, PG 94 Lots: Date lot acquired: 7/7/2000 Deed Ref: Book 664, Page 250 Zoning District: RC - 2 Uses on lot: Commercial: None or garage/offices/shop MCD?: No Residential: None or #dwellings duplex 2 apartments rental rms Building Dates: All pre-8/72? or 1980, 1984, 1986, C or O? YES Case Nos. BOA 013-77, 089-86 & BOA 063-98 State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose as compared to present and what grounds you urge for BOA to make each finding per Section 139-32A _, if Variance, 139-30A X if a Special Permit (and 139-33A~, if nonconforming use). If appeal per 139-31A & B _, attach decision or order appealed. Ok to attach addendum. See Addendum Items enclosed as part of this Application: order addendum X Locus map X Site plan showing present and planned X structures, Floor plans present and proposed X elevations X (HDC approved? No) Listings lot area X frontage X setbacks X GCR X parking data X Assessor Certified addressee list 4 sets X mailing labels 2 sets $200 fee payable to Town of Nantucket X proof cap covenant (If an appeal, ask Town Clerk to send Bldg Comr's record to BOA) I certify that the request information submitted is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury, ~#-- Appli,OD' _ Attorn'y/.g"'t V Signature (if not owner or owner's attorney, enclose proof of authority) Application copies rec'd: 4 _ or _ for BoA on I by One copy filed with Town Clerk or614o~y 11LL- ""complete? 1/ On' oopy ""li to Plmoiog Bo.,-d ODd Buildi'!!; Dopt .~,;z: / ~ {f2m $200 fee check given to Town Treasurer on 5 i22fJ ( by Hearing Notice posted on ?,12dJ{ mailed ,~2r{)/I&M~;2aO ( 3i2/10/ Decision due by I I made I I filed TC / / mailed / / See related cases lawsuits other d - ;0 --tZ rn 0); 3 ~. ~ - ; :2:': :z~ ~ rn e- n (-:- r _: < fT1 /- -0 rn :::or~ \AI :;lit \;) CJ w Addendum The Applicant is seeking a Modification of the Board of Appeals Decisions in BOA file Nos. 013-77, 089-86, and 063-98 to convert an existing carpenter's shop into office space and to expand the building upwards to enlarge a second floor apartment. The original Decisions allowed the construction of carpenter's shop, office space and an apartment in the main building and a separate two-bay garage, with a second floor apartment, on the subject lot. The Applicant is also seeking SPECIAL PERMIT relief under the Zoning Bylaw 9139-18 to waive up to six (6) of the maximum required twelve (12) on-site parking spaces for the proposed uses, and to validate parking layout for six (6) on-site parking spaces, as presented. The Applicant further seeks SPECIAL PERMIT relief, to extent necessary, under the Zoning Bylaw 9139-20C to waive the loading zone requirement, and/or validate the loading zoning as it currently exists, partially on the subject lot and partially within the hammerhead dead end road layout. Parking Calculation: i:J 775 SF offices :i: 576 SF garage/storage Dwellings (2) 9 spaces I space 2 spaces 12 spaces I I I I. I II 1.1 'F-i<r=r- ; :c 13A 1"11..<= ~o(,'!>- '?--:, ('''P~II'I~"1Iq~~req''-llilt''''tj e.T'.) d..; L ; PA~>J':, '';>I''N.C~' ACUic ..l.-r '-INL\~ AT 71.11;, i1>-(E: . CURRENT ZONING MAP: 12.c...-,-/Pwr::.- ov~r-LAY MINIMUM LOT SIZE: 'iooo s, F MINIMUM FRONTAGE: 4-0 F, FRONTYARD SETBACK: 'Z.o F7. SIDE AND REAR SETBACK: <;.1='T. ALLOWABLE G.C.R.: qv '1u ." EXISTING G.C.R.: 'B. "n.-t:.. il"'~~ ~f..1 r.:r:u;~ i."r';-~\.l " .f:\\."c ;:'Z.Of~ 'lto'.;1:. j ~::, EARLE PROPERTY LINES SHOWN ARE. TAKEN FROM RECORO~:. N". 29416 ~ DEED AND PLAN REFERED TO HEREON. BUilDINGS, Mq.N 9~~\.'\)"'~ ETC. ARE PLOTTED FROM FIELD MEASUREMENTS ~!/I:.,.' .,..;,'f. N.S. / B"'--/H ~.' L , r III 7. 1 <I (ll .,.: t~ n - h. \~j I "r- (. _i..o V ..... '.r ~ .,J l.. '/..;;. '-' -- / -" / .... -.--- NIF FI...'NT H, (Z.A...."VE.'1 TIL 107- r ( 1 NIF S'Te.\JCCN It. ~ AN N L. C, ",v.."'''''l'\\'-''' r.,-,. /Iq..\ /\ ",\ ~\ (1'\\ 0\ .----: "'\ .1 "",U I.. 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"IIII-<E~ E<u.. 01.. -c \: .... ; ~ ~:; ~ ~ s ~ ~ ~ ~; I ," ~ ~ i~ fi:: g i I'~ ~ J 1;j..!;lB=!;l!;lSlilei!;llll::ltJ lil~ ~illlm~~liI~ \ . o III lII"lillll III 0 ElIII~/;; "'111 ""0: C I ">0><>< >O><==><><~B::J..:::~z5 z:!zsu.. d j ~ 1111 ~ ! : ~ II aJ i ~ i ~ II i i I i ~ ~g T r ~ ,:: 1 <J v ... "',.,.. 11'1 '" ,... CD OIl .......,... In '" ~ CD In .. ... 8 ri N) ...--; ::r :r :r .&J "lnlnlt'llnU'1U'1IttU")"',...,...,...COCOCIDIlIOCDOCtr--CDa.,... \11 \..f') V1 ~ :::~:::::::::~;:::::::::::::::::::::::::::::::::::~~::;::;~: V) \f) \.n :.: 0. M M r- N .-< .Ol " o ... III '" III ..... ..... ,... ,... .... .... .... _ __ _ _ _ r--~\ o o N ..... r- Mar~ia Ann Wasserman P.O. Box 456 Nantucket, MA 02554 James T. Ranney, Trusteee Tex Nominee Trust PO Box 597 Nantucket, MA 02554 Priscilla Reis 4 Millbrook Road Nantucket, MA 02554 Marcia Ann Wasserman P.O. Box 456 Nantucket, MA 02554 Robert J. & Sharman S. Ramos II Ramos Court Nantucket, MA 02554 Boston Nantucket Const Co, Inc PO Box 1530 Nantucket, MA 02554 Joseph F. & Anastasia M. Perry 16- Bartlett Road Nantucket, MA 02554 H&L Holdings LLC PO Box 454 Nantucket, MA 02554 Albert C. & Joanne Johnsen, III PO Box 32 Nantucket, MA 02554 David E. Perry Ronald & Ellen H. Winters Myles M. & Priscilla L. Reis 12 Bartlett Road 9 Meadow View Drive PO Box 113 Nantucket, MA 02554 Nantucket, MA 02554 Nantucket, MA 02554 Binth Rustad Christopher H. Crosby John B. & Elsie P. Newsom c/o William & Audrey Obremski PO Box 656 PO Box 1793 Nantucket, MA 02554 Nantucket, MA 02554 4 Wamasquid Place Nantucket, MA 02554 Michael S. Bachman, Trustee H. Flint Ranney, Trustee Patrick L. Steele Augustus Shannon Realty Trust Ranny Profit Sharing Trust 2 Greglen A venue, PMB 411 P.O. Box 954 PO Box 597 Nantucket, MA 02554 Nantucket, MA 02554 Nantucket, MA 02554 Christopher L. Maury Jeffrey Kaschuluk Raymond P. Conlon 3 Windy Way PO Box 2890 PO Box 1057 Nantucket, MA 02554 Nantucket, MA 02584 Nantucket, MA 02554 Julie K. Immesoete George R. Manchester Jeff Kaschuluk Nanticut Realty Trust 4593 Sylvan Road PO Box 47 P.O. Box 2890 Canadaigua, NY 14424 Nantucket, MA 02554 Nantucket, MA 02584 Shelly D. LaFleur Seymour & Miriam G. Mandell Mildred 0' Connor C/o Janice M. Chong 17 Union Street PO Box 2344 642 Chester Avenue Nantucket, MA 02554 Nantucket, MA 02584 Moorestown, NJ 08057-1161 H. Flint & Charron P. Ranney Lawrence T. McAtee, Trustee Christopher Keogan P.O. Box 597 McAtee Nominee Trust Nantucket, MA 02554 164 Ashley Lane PO Box 1419 Nantucket, MA 02554 Middleborough, MA 02346 ,... ljJ 7. t .( ClI. ~ t~ o - U. ~I - q:r- :z: ~-ll \J ..' :i \; ~ NIF H , (2.A. ,._uv €. '1 TIL ~7- If1 "d F 'fi~ve:"'" R., ~ AN N L. Col A,lL~"IT...i-<> r.,. II~. \ \ \"\ ~\ 1"\ 0\ "'\ I /><0'" -<>\ - ~ "r:rr "Ik' /_.)9-((<,\0 _ ~ '- .,.---- '7S-"';;::-- .-.-_ -- ..- vJP-- 'i , , I \ ~ 0 '{ ~.:(t- V" ~ll-\oI -- /-- / / / / I ( I \ FoR.M"'I2.L..'( ~Co.J;"""C M. , OAs.\L.II~ (,."7- /1'0, <a \I oi .~ ....\.\ .I14('~, ,,\\\;. .....c,j--.~ <2' '-5- ~ :,;, RICHARD 'iJ,. ~~23 K. ':: .'; ~ ~ EAqli: C; J~ "I' ~'''' Nc,. ~'3416/_!!;!E .~~ ",.~". , I, ,. ~ . r ,'. "",,, .. .~' " ',I ',0:"',,/ /j, '. :.'". .: '_~ f '" ,... . AS-BUILT PLOT PLAN IN NANTUCKET, MASSACHUSETIS SCALE: I ~ 'w' DATE: A uCr , '~ DEED REFERENCE: Pel P.."-.I(.,o pC;.. 1.1,'1 PLAN REFERENCE: PL-P../L 2'2-lt'.~ ASSESSOR'S MAP (,.7 PCL. 1/ S PREPARED FOR: R()""I\<..o 1"\. ~sd::Vo. A...fb:>lO(l C.'-IZ- ; 26." t -/.. rE.<>~\? ope.u ~P~Ii:'. :l.1,O!o/.. CURRENT ZONING MAP: RC--L !pwf2..,. OVElU-AY MINIMUM LOT SIZE: 7000 s, F MINIMUM FRONTAGE: 4-0 F-r FRONTYARD SETBACK: z..o' FT. SIDE AND REAR SETBACK: <;, FT. ALLOWABLE G.C.R.: &70 'J'u EXISTING G.C.R.: 2~." OJ,,, E;lC.\ srll-J6, Cf'l;.tJ '5PAc& t z.r.. ox. 'OJ. PROPERTY LINES SHOWN ARE TAKEN FROM RECORDED DEED AND PLAN REFERED TO HEREON. BUILDINGS, MONUMENTS, ETC. ARE PLOTTED FROM FIELD MEASUREMENTS. N.B. /6'7'-/6 NANTUCKET SURVEYORS INC. 5 W1NDX WAY NANTUCKET, MA. 02554 N 939') TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: ,4.u.1U~ (3 , 19 98 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 063-98 Owner/Applicant: RONALD OASILVA 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. \ / ,/ j) V \J I) . \ / '-' . '----'" Da~ w. Waine (QJ(M) 0 ,.fCl1airman 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. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETIS 02554 PHONE 508-228-7215 FAX 508-228-7205 Assessor's Map 67 Parcel 118 R-C-2 9 Windy Way Plan Book 22, Page 94 Deed Ref. 160/149 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., Friday, July 10, 1998, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of RONALD DASILVA, of P.O. Box 516, Nantucket, MA 02554, Board of Appeals File No. 063-98, the Board made the following Decision: 1. Applicant is seeking a MODIFICATION of a Board of Appeals Decision in BOA File No. 013-77 to allow construction of a 576~ square-foot two-bay garage that would be used for the storage of motor vehicles. The original Decision allowed construction of a carpenter's shop with ancillary office space and one (1) second-floor apartment. Applicant is also seeking a SPECIAL PERMIT under Nantucket Zoning By-Law ~139-20C to waive the loading zone requirement, and validate the loading zone as it currently exists, partially on the subject Lot and partially within the hammer-head dead end road layout. Applicant further seeks a SPECIAL PERMIT, to the extent necessary, under Nantucket Zoning By-Law ~139-18 to validate the parking layout as presented, showing six (6) on-site parking spaces. Applicant proposes no new commercial use of the garage. The Premises is located at 9 WINDY WAY, Assessor's Map 67, Parcel 118, Plan Book 22, Page 94. The property is zoned Residential-Commercial-2. 2. The Decision is based upon the Application and materials submitted with it and the testimony and evidence presented at the Hearing. The Planning Board made no recommendation as the matter was not of planning concern. A letter was submitted from the manager of the Wannacomet Water Company, as required under Nantucket Zoning By-Law ~139-23, stating that the proposed garage would not have a negative impact on the existing stormwater drainage system. There were no other letters on file. 3. Applicant represents that the Locus currently contains a structure that consists of a first-floor shop and office, that are used in conjunction with Applicant's construction business, and a second-floor apartment, all permitted in a BOA Decision in File No. 013-77. Applicant now proposes to construct a 24' x 24' two-car garage to the south of the existing structure, that would eventually contain a second-floor apartment. In the original Decision, there was no reference made to the parking or loading zone layout and no relief was granted. Therefore, Applicant asks the Board to validate the existing situation. The Locus is situated at the end of a hammer-head private way, with the Lot covering a majority of the end of the way. The loading zone is currently sited partially on the Lot and partially within the road layout. Applicant represents that there is little traffic at that deadend portion of the way and that there is rarely a delivery truck parked in the space for any length of time. There are four (4) parking spaces provided on-site, in addition to the two (2) that will be provided within the garage structure, with the northern most space being slightly truncated due to the sharp angle of the northerly side yard lot line. Said spaces would continue to be provided after the construction of the new garage. Applicant further represents that there will be no commercial use of the garage space. 4. Therefore, the Board finds that a grant of the Modification to construct the new two-car garage would be in harmony with the general purpose and intent of the By-Law and the use as a garage for the storage of vehicles would be consistent with the existing use of the Premises and not substantially more detrimental to the neighborhood. The immediate area is substantially comprised of commercial businesses such as Applicant's. The six (6) required parking spaces would be provided, with the exception of the one (1) truncated space, and the Board finds that a grant of a Special Permit to validate the existing situation, allowing said non-conforming parking space, would be in harmony with the general purpose and intent of the By-Law and not be contrary to sound traffic and safety considerations. The Board further finds that a waiver of the loading zone requirement would also be in harmony with the general purpose and intent of this By-Law and that maintaining the existing loading zone situation would not be contrary to sound traffic, parking or safety considerations, with the Board noting that there is little traffic at the dead end portion of the private way and the existing loading zone provides little impedimE.nt to the traff ic flow. 5. Accordingly, by a unanimous vote, the Board GRANTS the requested MODIFICATION of the Decision issued in BOA File No. 013-77, to allow the cODetruction of the two-bay garage structure as proposed, and GRANTS the requested SPECIAL PERMIT under Nantucket Zoning By-Law ~139-18 and 139-20C, validating the parking situation, allowing the northern most parking space of the six (6) provided, to be truncated as shown on the plan, done by Nantucket Surveyors, Inc. dated 5/20/98, and on file at the Board of Appeals, and waiving the loading zone in its entirety, on the following conditions: a. The new garage structure shall be no larger than 24' x 24' or 576~ square feet of ground cover; b. Up to two (2) garage apartments shall be allowed on site, one (1) in the existing structure and one (1) over the new garage; and c. The Locus shall contain a minimum of 20% green space as required under Nantucket Zoning By-Law ~139-16E. 6. The Board, by a unanimous vote, approved the "Site Plan" with modifications showing the dimensions of the proposed garage and open space percentage after construction, per Nantucket Zoning By-Law 9139-23. (063-98) /'~-- ~~) \ c-' t w. Wa' e~~W N Li\.\r~~~ - ancy Se r ns Da ted: 1Ln.~,r. A -7 "V' 1998 --- Edward M lla"I,ty '6> "3 G 'tI 011 (' 'iL6/ '/3 \ H.1a(1o. a do .1noAtry .u ......" c A,,^, ...."::::; :30 I r; .J JJ 11 b 'll \-- <.J Z ~ ;2 .J f- _ ~ ~ z " '- rJ li z '" t ~ ~............. Y' rJ S N '=8________ ~"- c; r------ '3 4- ~ >t- ~... '" I)" .. ~ <\' ~ 0 i' - -!). O' ~ ~~ lj~ ~ Ul -' ~ t>- \'1,,01<1 -~ C> 1 '>.:::' ~ <6 -& .n ...> D~ .. ~ 1- ~ 1 9- .-- fi& ~ 3 %.~~ .~ < ~ 04 ~ g. ~ . 4:- 3 :P ..; 1 ~ ~ ;;c. i ~ -s ~ if' ~ ~ l'o- t 'I>) % ~ ~ -s; \~ -t. ~ ~ ~'t. -...i 1, ..... -"\ "- ,~ )--:P '- 60 }.A ;J -S i>', CD i "~I 3 ,c.;~~~ ~ '~~~,~",':,' ,~, ~i~'" . ~' ~,Cl:~. )~~~~. . " ~~~ ~.~ '. ~~~. ",I;)lo;; ~ ~I~~ " I f: ... . " .f. ,,,/ ..,.. : . I ,.ri I.i;,'~ ',~- '1.11\1 ,>>'3 '~" t"~~ " ~fIij>~. ~~~' . 't; J ' ~~ ~~ ~, ~ ~'Il' , ,,~ 't-, . F~~N ;N~~ , " ,. /.., I :'~. c:tJ; . ~;r. ! ~ I I T ' . t TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 October 9, 1986 Re: RONALD M. DASILVA (089-86) Enclosed, please find notice of a decision of the BOARD OF APPEALS which has this day been filed with the Town Clerk. Any appeal from this action shall be made pursuant to Section 17 of Chapter 40A of the General Laws, and shall be; filed within twenty (20) days after this date. &t~ If tfL- William R. Sherman, Chairman BOARD OF APPEALS BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, OCTO- BER 3, 1986 at 1:30 p.m. in the Town and County Building, Nantucket, made the following Decision on the Application of RONALD M. DASILVA (089-86) address 10 Newtown Road, Nantucket, MA 02554. 1. Applicant seeks relief by SPECIAL PERMIT under Zoning Code SECTIONS 139-33A and 139-9B(3)(a) and (b) to alter and extend a non- conforming structure and use, said to pre-exist~oning, the commercial use being allowable as an exception by Special Permit. Also sought is relief by VARIANCE from the off-street parking requirements of SECTION 139-18, specifically, 18A and I. Applicant proposes to add 192 SF of office space for his contractor's shop. The premises are at 9 WINDY WAY Assessor's Parcel 67-118, Lot 2 of Plan Book 22 at Page 94 (Lot 12 of Plan Book 20 at Page 66) in the zoning district RESIDENTIAL-COMMERCIAL-2. 2. Our findings are based upon the Application papers, corres- pondence, viewings and marked plans (our Exhibit "A"), representations, and testimony received at our hearing of September 5, 1986. Having taken the matter under Advisement until our hearing of October 3, 1986, we there found that the 1980 commercial building and use pre-dated a 1982 up-zoning to R-C-2. Vith that change, front yard setback was raised to 20-foot minimum. The building had been sited with about 2 - / foot setback in 1980 when none was required. The proposed 192 SF office- space addition will extend northerly from a post-1984 (per 3/2/84 ANR plan) addition of 256 SF, the northeast corner of which has presently the least front-yard setback, about 8 feet. The office addition will not be more non-conforming. 3. The lot of 8056 SF is of 7-sided odd shape fronting on a "hammer-head" or "T" dead-end turn-around. Principal uses on Windy Way are commercial. On-street parking is not available. To satisfy parking (089-86) -2- needs, Applicant will delineate on the ground two 3-space parking areas at north and south ends of the lot. For the proposed uses, Applicant asks Variance relief from a Section 181 requirement of 2 more parking spaces. 4. Applicant's contracting business in~olves light manufacturing of building subassemblies and storage of construction materials on premises, used in building houses and other structures at job sites. Some 7 of his 9 employees work at the job sites, with more or less daily trips to the premises. Two normally work on the premises. At most, 3 off-street parking spaces are required for non-office employees. Industrial space for shop use is about 1800 SF for which 2 spaces are required. Office space will not exceed 400 SF, hence, 2 more spaces. An apartment dwelling unit on the second floor calls for 1 space, thus, a total of 8 parking spaces are required. Belief by variance as to 2 spaces is asked. 5. As parking is available primarily for employees and only occasionally customers, Applicant's assessment of need U seen as reliable, with any possible shortfall not adversely affecting the public good. 6. Similarly the proposed extension to provide additional office space is seen as reflecting normal growth of the business and not substantially more detrimental to the neighborhood. Substantially all property owners on Windy Way expressed support for Applicant. The objections of an abutter on another street were not clear in their relevance to the zoning question. The Planning Board's reconnendation was favorable. 7. Applicant is seeking to bring the premises fully into compli- ance with zoning requirements and so asks our finding that proposed uses will not be in violation of Section 139-20A. We have no basis for (089-86) -3- anticipating excessive noise, fumes, etc. and so make the requested finding in support of the Special Permit for uses by exception, Section 139-9B(3)(a) and (b), namely, contractor's light manufacturing and storage of construction materials. 8. For Variance relief, we find the requisite uniqueness in lot shape at a cul-de-sac, hardship in impact of R-C-2 up-zoning con- straining available space for parking with growth of the business, and absense of substantial detriment .to the public good plus unlikelihood of nullifying or substantially derogating from the intent or purpose of the zoning chapter. To ensure harmony with such general purpose and intent, we condition relief upon Applicant: (a) siting the 192 SF addition substantially as shown in Exhibit "A" with at least an 8-foot front yard setback; and (b) delineating on the ground 6 off-street parking spaces in conformity with the requirements of Section 139-18. 9. Accordingly, by UNANIMOUS vote, this Board GRANTS to Appli- cant the requested relief by SPECIAL PERMIT under SECTIONS 139-9B(3) (a) and (b) and 139-33A and VARIANCE from SECTIONS 139-18A and I, subject to the above-stated conditions. Dated: October 9, 1986 Nantucket, MA 02554 0-1l~-~K~-- William R. Sherman {?on~, 0 f/oll~ Dorothy D. Vollans Cl\::;: L~ ~ .,1 C. M rshall eale -- '. ,~ ... L/\ ND IN 1\1 ANT tJC ~\ E. T .-J SUR\H! V ED r-O r1 ,",J IRVIN M. WVER SCALE 100 F EEl TO AN INCH A P R I L J 937 "I \,i) l<(,) '0 o ~o~ >t \.el(\ ~(').( b S~o' c.~; - ---..-1..__- ~ o _ _t).. ~.. Area 7.S ACr(!5 ....... ;' (;.17 ....... ~ -4-- ~ " . II C""- ~ - :t C\I \!l \? -0 o o l1- :7") ~ ~ I I / / I 5 1931 ......s Q "",,,..+t>..s (, D AND ENTERED W,ITH COUNTY DEEDS ROOK or C) !~""_"hPAGE...~1.._; Q _.~ r;;- ~ --S. ~t'EG'STEl~' - g A5A- . ~" o}< ~'<'- ~" ~ \' \ (\ (,0 ;, \ b h '1 1: J\ o ::t f\ G r\ m '" , l'\. f) CO fl ~ :r 'l (0) c.) . I )-.. ""'- "'- 5\ :;; ~..... -. t'\ (I') ~~ 'IJ r.) 01 r", c.t) L~),.~ OJ --_____~~/t"'':! ~ In I Mr. Richard Coffin appeared for ~he owner and I sented the contract purchaaer. The land area is a 2.5 acre tract \ located on Surfside Road opposite The Derby Restaurant. The site \lb1Sy zoned residential-cOmm.rcial which allows a contractors shoP I special permit. The contract owner desires to use the preroises I as the site of a general contractor' 5 shop, 1 The land is located adjacent to otber property used for gen- I eral construction. commercial uses surround the area. the matter of the petitiOO of Edward Burchell (013-77)' \ \ stated that he repre No other ~erson spoke in faVor or opposition. The Chairman read a letter from the Planning Board recommend- ing approval of the petition. After due deliberation the Board found: 'The area is prima"ilY commercial and light industrial in use. The proposed use can be allowed without any damage to the sur rounding area. Upon motion of Mr. Hyde, seconded by Mrs. Caboon, it was un- animouslY voted to grant ~he petition, and the special permit is granted. ~ "'. '.J!: 9- 5~ , . '. ~ ~ " l' '.. ~ ",' In the matter of 'tho 'petition of Island Hotels Company (011-77)' AttorDey Richard Glidden appeared for the petitioner and stated tbe petition~r"1s the Dwner of The Harbor House pre- . "! ~ 'I _ "t . I .' mises, south Beach stree.and' Sea Street. 'The ,and area is 3.1. . I \" ..~ . I I ~ . acres now partiallY used oa a botel and .estaurant. The petitione .'~:~\n1. ..-t~~(. .'. ': i.'. : i. ~ ".:."' .. J ..' . . ..-- J _.__....._.__. _...-------.---u--- _.- -~~~ , "I.,.,.;" . ," ~ ". A...fblor.(l CT '-12.- . 2&.') t '/~ rEo.. f'<"e I) opeJf ~P"'-fi; '. 2..1. 0 .t "(_ CURRENT ZONING MAP: 1Z.c..-L/Pw~o"eu..A'( MINIMUM LOT SIZE: 700e> s. F MINIMUM FRONTAGE: 4-0 F-r FRONTYARD SETBACK: -z.o' FT. SIDE AND REAR SETBACK: r;. "'T. ALLOWABLE G.C.R.: '70 'Y.. EXISTING G.C.R.: 2'2.1.. OJ,,, ~"-I SrllJ.... O~f,{ '5PAC& l 1~. o:r.:"j. PROPERTY LINES SHOV1N ARE TAKEN FROM RECORDED DEED AND PlAN REFER ED TO HEREON. BUILDINGS MONUMENTS ETC" ARE PLOTTED FROM FIELD MEASUREMENTS. . . N.B. /8""-/13 ,... ljJ 7. t <i Cll ~ t~ o - II. ~I - <t:r- t ::r-ll \) ..- :i ~ 2 Nlr- H , (2.A, ..."oJ E '1 TfL (,7- 111 ".liF ~"'JE:""" R.. ~ AN N L. c.., ....'iL"'''''...9-''' r.-,. /I~.' .....,~'\ . 1,~Q'\ ,.'(~ "" ~a-\" -- ,.-- / / I I I ( I \ Fol41cfl.L..-( ~o.....;.,'-o ~ \.\\1 OF .11" & (;'\\.';: ~SJ.:';O~ :~' RICHARDt;7.\ ~ c; K. .::: .~ ~ ~ EA.qLE ;;; 1i~" rJ,~. ,,8.~1G /i2;~ . ..'~ '., /(I',::;_'.S-~,~,':j~>' .v) .....,c,.~ '. :" ~'~' ~ ',... AS-BUILT PLOT PLAN IN NANTUCKET, MASSACHUSETTS SCALE: 1'~"Z.o' DATE: Au!.. .I~ DEED REFERENCE: Pel e.\C...I~O pC;.. PLAN REFERENCE: F'L..~ ~'l.. 1t<<>4- ASSESSOR'S MAP '-7 PCL. /1 S PREPARED FOR: . RCNAc..O 1"\. ~~(t:vA. 11,,\ M. . DAs,'L-IIr.>. (p,- /1'0. ra NANTUCKET SURVEYORS INC. 5 W1NDX WAY NANniCKET. MA. 02554 N '739'> TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: k1U~ G , 19 98 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 063-98 Owner/Applicant: RONALD PASILVA 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. D~~ w. Waine 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 9139-301 (SPECIAL PERMITS); 9139-321 (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETIS 02554 PHONE 508-228-7215 FAX 508-228-7205 Assessor's Map 67 Parcel 118 R-C-2 9 Windy Way Plan Book 22, Page 94 Deed Ref. 160/149 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., Friday, July 10, 1998, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of RONALD DASILVA, of P.O. Box 516, Nantucket, MA 02554, Board of Appeals File No. 063-98, the Board made the following Decision: 1. Applicant is seeking a MODIFICATION of a Board of Appeals Decision in BOA File No. 013-77 to allow construction of a 576~ square-foot two-bay garage that would be used for the storage of motor vehicles. The original Decision allowed construction of a carpenter's shop with ancillary office space and one (1) second-floor apartment. Applicant is also seeking a SPECIAL PERMIT under Nantucket Zoning By-Law ~139-20C to waive the loading zone requirement, and validate the loading zone as it currently exists, partially on the subject Lot and partially within the hammer-head dead end road layout. Applicant further seeks a SPECIAL PERMIT, to the extent necessary, under Nantucket Zoning By-Law ~139-18 to validate the parking layout as presented, showing six (6) on-site parking spaces. Applicant proposes no new commercial use of the garage. The Premises is located at 9 WINDY WAY, Assessor's Map 67, Parcel 118, Plan Book 22, Page 94. The property is zoned Residential-Commercial-2. 2. The Decision is based upon the Application and materials submitted with it and the testimony and evidence presented at the Hearing. The Planning Board made no recommendation as the matter was not of planning concern. A letter was submitted from the manager of the Wannacomet Water Company, as required under Nantucket Zoning By-Law ~139-23, stating that the proposed garage would not have a negative impact on the existing stormwater drainage system. There were no other letters on file. 3. Applicant represents that the Locus currently contains a structure that consists of a first-floor shop and office, that are used in conjunction with Applicant's construction business, and a second-floor apartment, all permitted in a BOA Decision in File No. 013-77. Applicant now proposes to construct a 24' x 24' two-car garage to the south of the existing structure, that would eventually contain a second-floor apartment. In the original Decision, there was no reference made to the parking or loading zone layout and no relief was granted. Therefore, Applicant asks the Board to validate the existing situation. The Locus is situated at the end of a hammer-head private way, with the Lot covering a majority of the end of the way. The loading zone is currently sited partially on the Lot and partially within the road layout. Applicant represents that there is little traffic at that deadend portion of the way and that there is rarely a delivery truck parked in the space for any length of time. There are four (4) parking spaces provided on-site, in addition to the two (2) that will be provided within the garage structure, with the northern most space being slightly truncated due to the sharp angle of the northerly side yard lot line. Said spaces would continue to be provided after the construction of the new garage. Applicant further represents that there will be no commercial use of the garage space. 4. Therefore, the Board finds that a grant of the Modification to construct the new two-car garage would be in harmony with the general purpose and intent of the By-Law and the use as a garage for the storage of vehicles would be consistent with the existing use of the Premises and not substantially more detrimental to the neighborhood. The immediate area is substantially comprised of commercial businesses such as Applicant's. The six (6) required parking spaces would be provided, with the exception of the one (1) truncated space, and the Board finds that a grant of a Special Permit to validate the existing situation, allowing said non-conforming parking space, would be in harmony with the general purpose and intent of the By-Law and not be contrary to sound traffic and safety considerations. The Board further finds that a waiver of the loading zone requirement would also be in harmony with the general purpose and intent of this By-Law and that maintaining the existing loading zone situation would not be contrary to sound traffic, parking or safety considerations, with the Board noting that there is little traffic at the dead end portion of the private way and the existing loading zone provides little impedime'nt to the traff ic flow. 5. Accordingly, by a unanimous vote, the Board GRANTS the requested MODIFICATION of the Decision issued in BOA File No. 013-77, to allow the cODstruction of the two-bay garage structure as proposed, and GRANTS the requested SPECIAL PERMIT under Nantucket Zoning By-Law ~139-18 and 139-20C, validating the parking situation, allowing the northern most parking space of the six (6) provided, to be truncated as shown on the plan, done by Nantucket Surveyors, Inc. dated 5/20/98, and on file at the Board of Appeals, and waiving the loading zone in its entirety, on the following conditions: a. The new garage structure shall be no larger than 24' x 24' or 576~ square feet of ground cover; b. Up to two (2) garage apartments shall be allowed on site, one (1) in the existing structure and one (1) over the new garage; and c. The Locus shall contain a minimum of 20% green space as required under Nantucket Zoning By-Law ~139-16E. 6. The Board, by a unanimous vote, approved the "Site Plan" with modifications showing the dimensions of the proposed garage and open space percentage after construction, per Nantucket Zoning By-Law ~139-23. (063-98) / Da ted: .a.n.~,r. A ""'l'" V' 1998 - \ ( 1\ c- \: W. Wa' ) -"LJ.lill~ _~.lCi\\r~ Nancy Se r ns ~ Edward M !Ul'I't.y G 'tI 011 (' EL61 .... \ L ':i<3 do .1ht:J "'."'..." '" .u""" ) .'. "'''' >1",,- / :30 It:;' .d JJ !/; r; j' ~- J/> ()' ." - '6 . - 4) ~ €' O' '} ~~ ? ~L ~ .s:. -' 3 ~ -s. I>- 4- \\;,0'1 C> D ~ <3 ~ ~ ~ <11 .J 4:- D .~ 1- 1, .. ~ ~ 1 ~ ~ "5 %~~ U1 '6' ~ ~ 'O~ ~ ~ ;;l ..... pZ "l\~ "'- r----- '6> \ ...; ~ ~ ~ ""- i ~ \ \i'l ~ ~ 0............. s ~ ~"- ~""'- ~ IJ~ c; ....\ !'Jr;; . 3.-' 'cP'\ . i::P ~. JI "O'OLJ ~ ~ I'r t to> % u. : \--- U Z <J ~ -2 ~ ~ ~ " .... .~ :r: z :---.. ~ -:r; \~ ~~ ~,r. ."t. ..J 1, ...... ..... "- '. I f: ~~~~ ~ \ ".~~~:: , ~.~~~ I ' ~~~~i' J. ~~~. ~ . "~:";:"" J-:p a~~~ ~ ,,~~ . ...... 60 " J.A ;J ~ ..s ~" m. 1 \. ,.. .~ ".";" ., \ .f. . ,;../ , .... j, ," .'~~- '1.1 \l ,>>~ ~" t'~.. .'~' ~Illt~ ~~~: .~ I':: , . ';'! J, . ~~ ~~ ~, ~~~ , ,,~ . .~. "'.~ ,.j' ...."....7{ sr , ':'I~tS " .c.' :' .1 I :v. '1'; ,'" . t TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 October 9, 1986 Re: RONALD M. DASILVA (089-86) Enclosed, please find notice of a decision of the BOARD OF APPEALS which has this day been filed with the Town Clerk. Any appeal from this action shall be made pursuant to Section 17 of Chapter 40A of the General Laws, and shall be;'filed within twenty (20) days after this date. &{~ If tfL- William R. Sherman, Chairman BOARD OF APPEALS BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, OCTO- BER 3, 1986 at 1:30 p.m. in the Town and County Building, Nantucket, made the following Decision on the Application of RONALD M. DASILVA (089-86) address 10 Newtown Road, Nantucket, MA 02554. 1. Applicant seeks relief by SPECIAL PERMIT under Zoning Code SECTIONS 139-33A and 139-9B(3)(a) and (b) to alter and extend a non- conforming structure and use, said to pre-exist~oning, the commercial use being allowable as an exception by Special Permit. Also sought is relief by VARIANCE from the off-street parking requirements of SECTION 139-18, specifically, 18A and I. Applicant proposes to add 192 SF of office space for his contractor's shop. The premises are at 9 WINDY WAY Assessor's Parcel 67-118, Lot 2 of Plan Book 22 at Page 94 (Lot 12 of Plan Book 20 at Page 66) in the zoning district RESIDENTIAL-COMMERCIAL-2. 2. Our findings are based upon the Application papers, corres- pondence, viewings and marked plans (our Exhibit "A"), representations, and testimony received at our hearing of September 5, 1986. Having taken the matter under Advisement until our hearing of October 3, 1986, we there found that the 1980 commercial building and use pre-dated a 1982 up-zoning to R-C-2. Vith that change, front yard setback was raised to 20-foot minimum. The building had been sited with about 2 - ~ foot setback in 1980 when none was required. The proposed 192 SF office- space addition will extend northerly from a post-1984 (per 3/2/84 ANR plan) addition of 256 SF, the northeast corner of which has presently the least front-yard setback, about 8 feet. The office addition will not be more non-conforming. 3. The lot of 8056 SF is of 7-sided odd shape fronting on a "hammer-head" or "T" dead-end turn-around. Principal uses on Windy Way are commercial. On-street parking is not available. To satisfy parking (089-86) -2- needs, Applicant will delineate on the ground two 3-space parking areas at north and south ends of the lot. For the proposed uses, Applicant asks Variance relief from a Section 181 requirement of 2 more parking spaces. 4. Applicant's contracting business involves light manufacturing of building subassemblies and storage of construction materials on premises, used in building houses and other structures at job sites. Some 7 of his 9 employees work at the job sites, with more or less daily trips to the premises. Two normally work on the premises. At most, 3 off-street parking spaces are required for non-office employees. Industrial space for shop use is about 180D SF for which 2 spaces are required. Office space will not exceed 400 SF, hence, 2 more spaces. An apartment dwelling unit on the second floor calls for 1 space, thus, a total of 8 parking spaces are required. €elief by variance as to 2 spaces is asked. 5. As parking is available primarily for employees and only occasionally customers, Applicant's assessment of need U seen as reliable, with any possible shortfall not adversely affecting the public good. 6. Similarly the proposed extension to provide additional office space is seen as reflecting normal growth of the business and not substantially more detrimental to the neighborhood. Substantially all property owners on Windy Way expressed support for Applicant. The objections of an abutter on another street were not clear in their relevance to the zoning question. The Planning Board's reconnendation was favorable. 7. Applicant is seeking to bring the premises fully into compli- ance with zoning requirements and so asks our finding that proposed uses will not be in violation of Section 139-20A. We have no basis for (089-86) -3- anticipating excessive noise, fumes, etc. and so make the requested finding in support of the Special Permit for uses by exception, Section 139-9B(3)(a) and (b), namely, contractor's light manufacturing and storage of construction materials. 8. For Variance relief, we find the requisite uniqueness in lot shape at a cul-de-sac, hardship in impact of R-C-2 up-zoning con- straining available space for parking with growth of the business, and absense of substantial detriment .to the public good plus unlikelihood of nullifying or substantially derogating from the intent or purpose of the zoning chapter. To ensure'harmony with such general purpose and intent, we condition relief upon Applicant: (a) siting the 192 SF addition substantially as shown in Exhibit "A" with at least an 8-foot front yard setback; and (b) delineating on the ground 6 off-street parking spaces in conformity with the requirements of Section 139-18. 9. Accordingly, by UNANIMOUS vote, this Board GRANTS to Appli- cant the requested relief by SPECIAL PERMIT under SECTIONS 139-9B(3) (a) and (b) and 139-33A and VARIANCE from SECTIONS 139-18A and I, subject to the above-stated conditions. Dated: October 9, 1986 Nantucket, MA 02554 L-{lc-~j?dz.:_- .. William R. Sherman {}(fYo~ 0 (/011 O-uu-- Dorothy D. Vollans ~kA ~.,l C. M rshall eale -- ---- '. ,. .. LAND IN 1\,!^~JTl)C~{ET ...... SUR"[!V~D t=on ,,~ IRVIN M. WYER SCAL.E 100 F EEl TO AN INCH A P R I L '937 II! \,i) \S,) 'Q />0 ~o >t v~ '1(\ ~{).<' b .5~o' c.~; \ rv o . _._-~-.-._-- -. o . _t")... ~.. Area 7.5 Acr<!5 ~ ~ ;.- ~ .... . 'tJ ~ , .(,~ ~ ~ S~ ~ ,/;J ~ o 0> , C\/ \!) \? " o o l1.. ~ 2: 5 1!)37 ......s Q ...\"..+t'.s c.~ o AND ENTERED ~ITH COUNTY DEEDS ROOK Of a !~...__m,PAGE...!1.._'; 6 _ oo6r-' ~ ~.-S' ~t'EG'STEl~' - g A5A- . ~. !> \'\~ (.0 ;, , o.}-< ~'<'- ~... '\ t.} (.) . ..... 1''1"' c. . I , , I I c.t! b h ., l: J\ o ;(l ~ (ii') "'J l'\. ~ ~ "ij o ~ :J' I ~ ..,~- "- S'l ~ r~ -. C) (!) .~ ~ (.) f) ..... L~),.Ti () J ~~<)~ I t-,~ \ . \.r. R::h::: :::::: ::p:::e:e:~:i::eo:.:::a::~:::::~l t~:~3~:7:~pre\ Isented the contr.ct pnrch.ser. The l.nd .re. is · 2.5 .cre tr.ct \ located on surfside Ro.d opposite The Derby Rest.ur.nt. The site IlbiSy zoned residenti.l-corom.rci.l which .llows · contr.ctors shoP ! speci.l permit. The contr.ct owner desires to use the premises I as the site of . general contr.ctor' s shoP. 1 The l.nd is loc.ted adjacent to other property used for gen- I eral construction. commercial uses surround the area. No other ~erson spoke in favor or opposition. The Chairman read a letter from the Planning Board recoromend- ing approval of the petition. After due deliberation the Board found: 'The area is prima~ilY coomercial and light industrial in use. The proposed use can be allowed without any demage to the sur rounding area. Upon motion of Mr. Hyde, seconded by Mrs. Cahoon, it was un- animously voted to grant the petition, and the special permit is granted. ~.. 'J!: 9- :~ i .. . " ..\....... In the matter 'of 'the 'petition of Island Hotels Company (011-77): AttorneY Hicbard Glidden appeared for tbe petitioner ;' . -' ~ ' and stoted the petitiooe.' is the owner of The Harbor House pre- . "_! ~.. _ .. . I . i mises, South Beocb Street and se. Street. 'The tand area is 3.19 I ~ \ ,.to I I" acres now partially ueed" a hotel and .estaurant. The petitione . .~: ~ n 1. . ...\:. ~.r;\! .' ': i ,'. .. ~ ~ ',: .', ~. j . .' .' . ....- J --. -..--------..--....- ..~ - -..-- _ ..-.-u--'" "~"" ,i " . ," :'.