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Home My WebLink About031-04 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: dune- leu , 200'1 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: c z Enclosed is the Decision of the BOARD OF APPEALS wh1ch has~ this day been filed in the office of the Nantucket Town Clerk. o3/-otj ~ ~ C. /J)Qrrh ') Q9 /1/ On ruc.&f tfo QJ;./?'C;' , ~c / L -i.- 0.' d ~ ;cJ Application No.: bwner/Applicant: OWMr- I Qnd ( k"". -0 ',..u An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. (:; 0\ 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. cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING'TO NANTUCKET ZONING BY-LAW ~139-30I (SPECIAL PERMITS); ~139-32I (VARIANCES) / ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. NANTUCKET ZONING BOARD OF APPEALS 1 East Chestnut street Nantucket, Massachusetts 02554 Assessor's Map 68, Parcel 8 41 Old South Road Residential Commercial-2 Plan File 56-A Lot 6 Deed, Book 669, Page 204 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, which commenced on Friday, May 14, 2004, at 1:00 P.M., and was continued to and concluded upon Friday, June 11, 2004, at 1:00 P.M., in the Conference Room, in the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, the Board made the following decision on the application of ELIZABETH C. PARDI, as Owner, and NANTUCKET BUGGIES, LLC, as Contract Purchaser, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 031-04: 2. The Applicant (Contract Purchaser) is seeking a SPECIAL PERMIT under Nantucket Zoning By-law ~139-9.B(2) (1), to authorize the use of the Locus for the rental of automobiles. A new office structure, conforming to applicable zoning requirements, would be constructed upon the Locus for this use. All dimensional and parking requirements of the By-law would be met. The Locus is situated at 41 Old South Road, Assessor's Map 68, Parcel 8, is shown upon a plan recorded with Nantucket Registry Deeds in Plan File 56-A as Lot 6, and is situated in a Residential Commercial-2 zoning district. 3. Our decision is based upon the application and accompanying materials, and representations and testimony recei ved at our public hearing. The Planning Board made no recommendation, on the basis that no matter of zoning concern was presented. Several neighboring property owners appeared at the public hearings to express opposition and concern, primarily with regard to the effect of the Contract Purchaser's proposed use upon existing parking problems at the adj acent property constituting the mixed-use ~Anchor Village" project. There were seven letters from abutters and neighbors on file in opposition, one letter expressing concern and suggested conditions for a grant of relief, one phone call to the office from an abutter opposed, and four letters in favor on file. As the property is situated within the Public Wellhead Recharge Overlay District, Applicants submitted a letter from the General Manager of the Wannacomet Water Company, dated April 20, 2004. The letter stated ~The amount of impervious groundcover for this lot is 120 square feet, which is less than 3 percent of the total lot area. Therefore, this property is not subject to review under zoning 1 by-law 139-12." However, he also stated that he had reviewed the plan for the antique car rental agency and found that it was ~acceptable to the Wannacomet Water Company". 4. The Contract Purchaser (incorrectly referenced in the application and the notice as a lessee) proposes to conduct the business of rental of antique automobiles. In the Residential Commercial-2 zoning district, the rental of automobiles is a use that is allowed subject to the granting of a Special Permit. 5. As presented by the Applicants, represented by counsel, the Contract Purchaser desires to park up to ten antique automobiles upon the Locus, with a small office building to be used by an employee who would conduct the rental operations. The automobile rental use itself does not itself specifically generate the provision of any parking spaces, and the parking of the inventory of automobiles available for rental does not constitute ancillary parking which must comply with dimensional parking requirements, but rather is the primary use proposed for the site. One conforming parking space is required for the office space of under 300 square feet in gross floor area, and the Contract Purchaser initially proposed to provide one additional parking space to be used by customers or visitors to the site. Neighboring property owners and occupants, primarily owners of residential or commercial units in the adjacent Anchor Village condominium, which shares an internal driveway easement with the Locus, expressed concern that the proposed use would attract visitors and prospective customers to the Locus, and that they would attempt to utilize parking spaces upon the Anchor Village property, without the right to do so, exacerbating existing parking problems upon the Anchor Village property. There was discussion of the possibility of providing parking spaces on the Locus but outside the fence, which the Contract Purchaser proposes in order to enclose the area used for automobile rental activities, but the Contract Purchaser declined to provide such parking spaces, citing liability concerns. The Contract Purchaser agreed, however, to address another concern by arranging for an off-site alternative location for rental car drop-offs. 6. Although the Contract Purchaser argued that the open interior area of the Locus would provide ample area for temporary placement of vehicles visiting the site, the Board of Appeals was concerned that additional on-site parking would be needed. In general, however, a majority of the members of the Board expressed the position that the proposed use was less intense than various other uses which could be conducted upon the Locus as a matter of right, without the need for any zoning relief, and 2 that it was not the responsibility of the Applicants to solve any parking issues existing upon the Anchor Village property. 7. Accordingly, a majority of four members voting in favor (Sevrens, Loftin, Waine and Wiley) and one opposed (Toole), the Board voted to make the finding that the granting of the proposed relief would be in harmony with the general purpose and intent of the Zoning By-law, and, by the same majority of four members in favor and one opposed, voted to GRANT relief by SPECIAL PERMIT under Nantucket Zoning By-law ~139-9.B(2) (1), to authorize the Contract Purchaser to conduct the rental of automobiles upon the Locus, subject to the following conditions: (a) No more than eight rental vehicles may be parked upon the Locus at anyone time; (b) In addition to the required conforming parking space for the office use, three additional conforming spaces shall be provided for use by customers and visitors to the Locus, and be specifically designated for such purposes; (c) The location of all spaces for rental vehicles and other spaces required under subparagraph 7{b), above, shall be as shown upon the ~Plan of Land", done by Blackwell and Associates, dated March 30, 2004, as marked up by the Applicant and Board of Appeals, a reduced copy of which is attached hereto as Exhibit A; (d) A sign shall be placed upon the gate to the enclosed portion of the Locus, stating that parking on Anchor Village property is not permitted for visitors or customers of the automobile rental operations; (e) The gate to the enclosed portion of the Locus shall be kept open until sunset during periods when the rental car business is in operation; (f) The relief granted by this decision is specific to the operation of the rental car business by the Contract Purchaser; in the event of any change in ownership of the business or the nature of the business, a new application for relief to the Special Permit Granting Authority would be necessary; (g) The rental of antique automobiles shall be the only business conducted upon the Locus pursuant to the Special Permit granted hereby; and (h) All lighting shall be directed downward, and no floodlights shall be used. (i) The hours of operation shall be no earlier than 9:00 AM and no later than 6:00 PM, for a maximum of seven days a week. 3 (ZBA Dec. File No. 031-04) 8. In separate action, the Board, by the same majority of four members in favor and one opposed, voted to approve the site plan, attached at Exhibit A, as required under By-law ~139-23. Dated: June~, 2004 M~ David R. 'wiley ~ Ed /,/. Murphy -;; / Edward S. Toole 4 MINIMUM LOT SIZE: 5000 S.F. MINIMUM FRONTAGE: 40 FT. FRONT YARD SETBACK: 20 FT. REAR/SIDE SETBACK: 5 FT. GROUND COVER % : 50% PROPOSED GREENSPACE=1408::t: SF. 25" ::t: ~/>-,LOT AREA=5,563:f: SF /ij~ ~~. / ~~/~ '/ / /~ ~'/> ~ !!!r~W ~ ~~>;;1 ~. ~'/;~:j - </// ---<"'-c/ ~Ov ~4 (~ l.ts~ 117{) ~ ~O~ CURRENT ZONING CLASSIFICATION: Residential Commercial (RC-2) O<b 68-7 N/F C.JOY PARDI 68-9 N/F ALEXANDER RAY & DIANE DOWNING DRIVEWAY & UTILITY EASEMENT, DEED 721/220 " 1('1 i:, I, , !,' /1 i Ii I f~i 1 I i ] i ] I ,/ PLAN OF LAND IN NANTUCKET, MA Prepared For ISLAND BUGGIES 41 OLD SOUTH ROAD MAP 68 PARCEL 8 Scale: 1"=20' March 30, 2004 BLACKffELL and ASSOCIATES, Inc. Professional La.nd SUf'1Jeyors 20 TEASDALE CIRCLE NANTUCKET, MASS. 02554 (508) 228-9026 GRAPHIC SCALE I I I I I o' 10' 20' 40' 60' B6296 Loe #41 OLD SOUT ROAD OWNER: ELIZABETH C. PARDI DEED BOOK 669 PAGE 204 PLAN FILE 56-A, LOT 6 C:\proj\odg\b6296\PSP.dwg 03/30/04 10:15:51 AM EST TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT 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, MAY 14,2004 in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: ELIZABETH C. PARDI, OWNER AND FOR NANTUCKET BUGGIES, LLC, LESSEE BOARD OF APPEALS FILE NO. 031-04 Applicant (Nantucket Buggies) is seeking a reliefby SPECIAL PERMIT under Nantucket Zoning By-law Section 139-9B(2)(1) to enable the use of the Locus for the rental of automobiles. A new conforming office structure would be constructed for this use on site. All dimensional and parking requirements of the Zoning By-law would be met. The Premises is located at 41 OLD SOUTH ROAD, Assessor's Map 68, Parcel 8, Plan File 56-A, Lot No.6. The property is zoned Residential-Commercial-2. ~~.i~J~ THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 CASENO.~ FEE: $300.00 APPLICATION FOR RELIEF Owner's name(s): Mailing address: Applicant's name(s): Mailing address: Elizabeth C. Pardi c/o Reade, Gullicksen, Hanley & Gifford, LLP Nantucket Bu~~ies LLC (lessee) 6 Youn~'s Way, Post Office 2669, Nantucket, Massachusetts 02584 Locus address: 41 Old South Road Assessor's Map/Parcel: 68-8 Land Court Plan/Plan Book & Page/Plan File No.: 56-A Lot No.: 6 Date lot acquired:8/31100 Deed Ref.lCert. of Title: 669-204 Zoning District: Residential-Commercial-2 Uses on Lot - Commercial: None _ Y es (describe) Proposed auto rentals Residential: Number of dwellings_Duplex _ Apartments_Rental Rooms Building Date(s): All pre-date 7/72? Building Permit Nos: Previous Zoning Board Application Nos.: State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities: or C of O(s)? The applicant lessee requests a Special permi t under Nantucket Zoning By-law ~ 139- 9. B (2) (1) I to enable the use of the locus for the rental of automobiles. A new office structure will be constructed for this use, and all dimensional and parking requirements will be met. I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the p . s nd penalties of ry. SIGNATURE: Applicant Attorney/Agent x (If not owner or ower's attorney, please nclose proof of agency to bring this matter before the Board) FOR kB^~\OFFICE USE / Application received on:..JJ1Q!JlfBy: l.V)(AJ Complete: V Need copies?: Filed with Town Clerk:-.i/jQ/.Q1Pla~gB~ftld._1 1_8UllamgDePt.:_I-'_~ r:J'6v Fee deposited with Town Treasurer:j}JQ/..QY.By: ~aiver requested?:_Granted:_I_I_ Hearing notice posted with Town Clerk:~/3Q/~ Mailed:~/;o IQ1 I&M:!jilljOcf & -5-~+ Hearing(s) held on:_I---.!_ Opened on:---.!_I_ Continued to:_I_I_ Withdrawn?:---.!---.!_ DECISION DUE BY: 1 1 Made: 1 1 Filed w/Town Clerk: 1 1 Mailed: 1 1 DECISION APPEALED?: 1 1 SUPERIOR COURT: LAND COURT Form 4/03/03 F:\WpS\SILTANEN\Island Buggies LLC\Old South\ZBAAPP.doc MINIMUM LOT SIZE: 5000 S.F. MINIMUM FRONTAGE: 40 FT. FRONT YARD SETBACK: 20 FT. REAR/SIDE SETBACK: 5 FT. GROUND COVER % : 50% PROPOSED GREENSPACE=1408::t: SF, 25" ::t: LOT AREA=5,563:f: SF ~Ou. :?>4 (~ ~~ It?o ~ ~O~ CURRENT ZONING CLASSIFICATION: Residential Commercial (RC-2) o~ 68-7 N/F C.JOY PARDI 68-9 N/F ALEXANDER RAY & DIANE DOWNING DRIVEWAY & UTILITY EASEMENT, DEED 721/220 LOCUS #41 OLD SOUTH ROAD OWNER: ELIZABETH C. PARDI DEED BOOK 669 PAGE 204 PLAN FILE 56-A, LOT 6 PLAN OF LAND IN NANTUCKET, MA Prepared For ISLAND BUGGIES 41 OLD SOUTH ROAD MAP 68 PARCEL 8 Scale: 1"=20' March 30, 2004 BLAC10fELL (1M ASSOCIATES, Inc. Professional Land Surveyors 20 TEASDALE CIRCLE NANTUCKET. JlASS. 02554 (508) 228-9026 GRAPHIC SCALE I I I I I ~ 1~ W ~ ~ B6296 C:\proj\adg\b6296\PSP.dwg 03/30/04 10:15:51 AM EST 1}. 10 J (j.o.o Town of Nantucket RECEIVED BOARD OF ASSESSORS ( . . MAR 2 6 2004 TOWN OF NANTUCKET, MA ZONING BOARD OF APPEALS LIST OF PARTIES IN MEREST rN THE MATfER OF THE PETITION OF , . PROPERTY OwN.ER....... ~.~ ~.~..................... MAILING ~DORESS...qk..r~~~.~!f!.A<~~ Lif PROPERTY LoeA TlON... ... ,-1J....Q.kJ.$C?11-:M-;.:fJ~.4.. ".... .......... 'ASSESSORS MAPIP ARCEi:........... tJ.r ,7",.. ,t....................,.............. APPLICANT... ...... ...., ~ ,~~{~... ...... ....." ,..........,.", ....." "..... ...,... SEE ATTACHED PAGES I certify tbat the foregoing is a list of persons who are owners of abuttin~ property, owners of land. directl~ Opposile on any public or private street Or way; and ab\1tte~ of the abutters a.nd all ether land owners within 300 feet of the. property line of owner's property, all as they 2.ppeM On the most recent applicable tax list (M.O.L. c, 40A, Section 11 ZonL,g Code Chapler 139, Section 139-290 (2) . f/llo!tt1..~~... 2 ~ {!.t! 1)-;-. ()Jik r~~....~.... 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