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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
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, 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.:
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Owner/Applicant:
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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.
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'" 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
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William P. Hourihan
Edward J. Sanford
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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.
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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
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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
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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"'~~
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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.
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AS-BUILT PLOT PLAN
IN
NANTUCKET, MASSACHUSETIS
SCALE: t'~7..o' DATE:,::>-tz.~-<;F-l
DEED REFERENCE: Pel p.,k..Il.U fL,. 14'1
PLAN REFERENCE: r""~,:,, n 11.')<1
ASSESSOR'S MAP '-7 PCL. /1 '3
PREPARED FOR:
R<>NAL \) 1"\. 0'4-'>1 LVII,
NANTUCKET SURVEYORS INC.
5 WINDY WAY
NANTUCKET, MA. 02554
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RECEIVED
BOARD OF ASSESSORS
FE B .% t, / ihl/
TOWN OF NANTUCKET
ZONING BOARD OF APPE~
TOWN OF
NANTUCKET, MA
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SEE ATTACHED PAGES
I "n,.~ 'ha! ,he fOICgoing i, , Ii $I of pmo", who are Owners of, bun 'ng p'ope nv. O""ee, c/ . c.,
c" <c' I, oppo'''e an 'n)' pu blie or po ,., Ie $IIC" or 1," y; a" 'bune" of 'he 'bu netS 'nd ,r: c",.
'zod a"ne" IIi,hin <hree hoodred fee: of 'he praperT)' line of OIVner', property. ," as ,he, 'p,,,,
00 'hc mO$l re"n, 'ppl",ble IZ" Ii" (MG L. e. 40-'. S""oo I I Zonmg Code Ch,p'u I,n
Secllo: 139.290 (2) )
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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
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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:
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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,,,
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PROPERTY LINES SHOWN ARE TAKEN FROM RECORDED
DEED AND PLAN REFERED TO HEREON. BUILDINGS, MONUMENTS,
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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)
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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
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SCALE 100 F EEl TO AN INCH
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~ 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)'
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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.
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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.
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acres now partiallY used oa a botel and .estaurant. The petitione
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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,,,
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PROPERTY LINES SHOV1N ARE TAKEN FROM RECORDED
DEED AND PlAN REFER ED TO HEREON. BUILDINGS MONUMENTS
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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.
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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)
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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
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William R. Sherman
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Dorothy D. Vollans
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LAND IN 1\,!^~JTl)C~{ET ...... SUR"[!V~D t=on ,,~
IRVIN M. WYER
SCAL.E 100 F EEl TO AN INCH
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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.
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In the matter 'of 'the 'petition of Island Hotels Company
(011-77): AttorneY Hicbard Glidden appeared for tbe petitioner
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and stoted the petitiooe.' is the owner of The Harbor House pre-
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mises, South Beocb Street and se. Street. 'The tand area is 3.19
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acres now partially ueed" a hotel and .estaurant. The petitione
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