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Home My WebLink About045-04 \. TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: o:JeJW zJp , 7il;JOf c::J C-:l --J To: Parties in Interest and. Others concerned with the ~ Decision of .the BOARD OF APPEALS in the Applicatron of the following: -0 ".J Owner/Applicant: Q f./ s- - ()r( ?;:V'OJY\-O(/.) L. -P-/lPC; )~- hINl!r~l.p as e;:nP~' ~~-;: ~tL~ C=d Se~ '~e.s ' 1/ 'c 0 t ~r,_c.C,-:=~_~rmikswe Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of the Nantucket Town Clerk. b 0\ Application No.: An Appeal from this Decision may be taken pursu~nt 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. cc: Town Clerk Planning Board Building Commissloner 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); @139-321 (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. I.. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 Assessors Map 66 Parcel 23 RC-2 22 Appleton Road Deed Ref. 1658/87 Plan File 55-B At a Public Hearing of the Nantucket Zoning Board of Appeals, held at 1:00 P.M., Friday, August 13,2004, and continued to Friday, September 10,2004 after opening, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of FRANCIS L. PAPPS, FOR HIMSELF AS OWNER, of22 Appleton Road, Nantucket, MA 02554, AND FOR TRIPLE R CLEANING SERVICES, RICHARD R. RAY, BUSINESS OWNER AND LESSEE, of PO Box 3068, Nantucket, MA 02584, Board of Appeals File No. 045-04, the Board made the following Decision: 1. Applicant (Ray) is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-9B(2)(g) in order to operate a vehicle-detailing service in the about 475 SF of interior garage space attached to a single-family dwelling. The Lot also contains a garage apartment. To the extent necessary, and should the Board find that one is required for the use, Applicant is also seeking a SPECIAL PERMIT to waive the loading zone requirement under By-Law Section 139-20. All of the required parking would be provided on site. The Locus is conforming in all respects. The Premises is located at 22 APPLETON ROAD, Assessor's Map 66, Parcel 23, Plan File 55-B, Lot 1. The property is zoned Residential-Commercial-2. 2. The Decision is based upon the Application and the materials submitted with it and the testimony and evidence presented at the Hearings. The Planning Board made no recommendation, as the matter was not of planning concern. Applicant submitted into the ftle a detailed material data sheets used for his cleaning business for the Board's review. There was one letter in support from a direct abutter and a petition in support submitted by the Applicant that was signed by 17 abutters, including direct abutters. There was one letter on file expressing concerns and asking that appropriate conditions be imposed should the Board grant relief. There were several abutters and area residents of the property present at the hearing in August to express concerns about run-off, well contamination, existing problems with the property, parking and traffic problems and increased noise disturbance from the operation. A client of the Applicant's was present at the hearing in September to speak in favor of the Application and about the conscientiousness of the Applicant. The owner of the property, Francis Papps, was present at the hearing in August and addressed some of the issues with the residential use of the property and stated that there was a sufficient parking area to accommodate the uses, including the Applicant's proposed detailing/cleaning business. The Superintendent of the Department of public works, Jeff Willett, had rendered an opinion when asked by Board of Appeals Staff that if Applicant was not using dangerous chemicals and was using biodegradable materials, there should be no problem using the existing drainage ... system present on the property. It would not contaminate the ground water. He also stated that under state law the run-off could not go into the town sewer system in any case and that there were no storm drains managed by the Town in that area as yet. There were two letters on file, dated July 7,2004 and August 1 9, 2004, from the General Manager of the Wannacomet Water Company, Robert L. Gardner, that stated that after review of the material data sheets, he felt that there would be no degradation ofthe groundwater quality in the area due to the proposed activity, whether properties were serviced by town water or private wells. In conclusion he stated, "Mr. Ray's business does not pose a threat to the groundwater quality of our sole-source aquifer." 3. Applicant stated that he was the tenant of the 2-bay garage unit attached to the single- family dwelling. There was a garage apartment above the garage that was separately occupied. The property was situated within the Residential-Commercial-2 zoning district. He proposed to operate his vehicle detailing and rug cleaning business from the garage bays. Applicant stated that most of the work took place inside the garage and he had more than enough parking dedicated to his business to avoid parking in the street. He also stated that he made every effort to avoid creating excessive noise outside of the building. He added that he only used biodegradable materials and occasionally used the larger, truck based, steam-cleaning machine for larger rugs placed in the driveway as he did most of that work off-site. This was the machine most likely to create excessive noise not the work that took place within the garage. Applicant presented pictures of the property and stated that the uses on site required four parking spaces and there was sufficient space for seven cars. The parking layout had been in existence since the time of construction of the dwelling as evidenced by aerials in the Town records. 4. Based upon the foregoing, the Board finds that the Premises is situated within the Residential-Commercial-2 zoning district and that Special Permit relief could be granted to allow the detailing of vehicles and cleaning of rugs, with the proper conditions imposed below, without substantial detriment to the neighborhood. The use would be in harmony with the general purpose and intent of the Zoning By-law. In addition, the Board finds that a waiver of the loading zone requirements for the property as a whole would be in harmony with the general purpose and intent of the Zoning By-law and it is questionable as to whether such relief was even necessary for the proposed uses 5. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested relief by SPECIAL PERMIT under Nantucket Zoning By-law Sections 139-9B(2)(g) and 139- 20 waiving the loading zone requirement to the extent necessary, to allow the uses as proposed, upon the following condition: a. The hours of operation shall be no earlier than 8:00 AM and no later than 6:00 PM, Monday through Friday, and no earlier than 8:00 AM and no later than 12:00 PM on Saturday, with no Sunday commercial operations; b. The hot water stream extractor for rugs shall be allowed to run no earlier than 12:00 PM to no later than 5:00 PM, Monday through Friday, and no earlier than 10:00 AM and no later than 12:00 PM on Saturday, outside the structure; and c. Only biodegradable products shall be used that are to be drained directly into the grouhd. " 6. In separate action the Board of Appeals waived site plan review under Section 139-23 by a UNANIMOUS VOTE. Dated: October Zf?, 2004 Mi4."~ Edward Murphy 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, AUGUST 13,2004, IN THE CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: FRANCIS L. P APPS, FOR HIMSELF AS OWNER AND FOR TRIPLE R CLEANING SERVICES, RICHARD R. RAY, BUSINESS OWNER AND LESSEE, BOARD OF APPEALS FILE NO. 045-04 Applicant (Ray) is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-9B(2)(g) in order to operate a vehicle-detailing service in the about 475 SF of interior garage space attached to a single-family dwelling. The Lot also contains a garage apartment. To the extent necessary, and should the Board find that one is required for the use, Applicant is also seeking a SPECIAL PERMIT to waive the loading zone requirement under By-Law Section 139-20. All of the required parking would be provided on site. The Locus is conforming in all respects. The Premises is located at 22 APPLETON ROAD, Assessor's Map 66, Parcel 23, Plan File 55-B, Lot 1. The property is zoned Residential-Commercial-2. N~~~~M~ TillS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. d .i..::::.. ~:J C I- N 0\ 'J ~ ., ~ -J Lv o U1 .\ .,).",.. . ..' NANTUCKEt ZONING BOARD OF APPEALS u 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 APPLICATION FOR RELIEF CASE NO. 1J'IS:O'f FEE~ $300.00 Owner's name(s): Assessor's MaplParcel: t"""r'"'_8. L'tN o C> 0 0.: ~cr"51 f?'7 ZonIng District: ~~ Ci ~ Land Court PlanlPlan Book & Pa elPlan File Date lot acquired: L{ l~qoODeed Ref./Cert. of Title: :Uses on Lot - Commercial: None P< Yes (describe) Residential: Number of dwellings~ Duplex . Building Date(s): All pre-date 7/72? or Building Permit Nos: Previous Zoning Board Application Nos.: -0 3G - 9? . Apartments ---L-Ren~al Rooms C of O(s)? ., I<A ~&nu11 State below or on a separate addendum specific reli~f sought (Special Permit, Variance, Appeal), Section of the Zoning By.;.law, and SUpportitlg details, grOUnder grant.of relief iSPlJ.g iln~ ~xisJing nonconformitieA:aOI5 \ IKnU 'rorr.} ~ ~ ~ ~ GJaQ J V'\CJLeIt J.fd~ bY1 / af:J-po..1) (1::)0" tA\' O)~ 'Ie> qpzra.~ a ('Iar-d.tL~/U .JJ<V'~ ce ~ 0- ~ p~ ~~. %~..I~~~/~~UlDu/c-tffiJ () ~ nt2 tOD ~ 5jv <!J &.Q . Uhldu.A L.o~ O-Lc> Cct\r~ O-Sl -flOml dw-er~ ~ OL-- to.~ I4-~YI1Q!y1:t. I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pans nd penalties of perjury. ~ SIGNATURE. Applicant V Attorney/Agent (If not owner or ow r's attorney, please enclose p Qf of agency to bring this matter before the Board) . FO ZB OFFICE USE . . Application received on: :1JtkKit By: Complete: Need copies?: 1 Filed with Town Clerk:li~_() ~~laBllillb Buard:_'_I_ Building Dept.:_l~ ~ '_ Fee deposi(ed with Town Treasurer:2..il{~.df By:~Waiver requested?:_Granted:_I_I_ Hearing notice posted with Town Clerk:-1:_JJgc>'fMailed: /12,7Ia~I&M:? I~OY& ~.j/!!:/. Hearing(s) held on:_I_I--:Opened on:-1_I_ Continued to:_I_I_ Withdrawn?:_I_I_ DECISION DUE BY: 1 1 Made: 1 1 Filed wrrown Clerk: 1 1 Mailed: 1 1_ --- --- ----- n1?.r'~TON A pp~ A , .~n? I I ~ITP~lnl)n {YHTDT. T .ANn rOTTDT l1'nrm 4/0'/0' ~ JUL-07-2004 WED 07:54 AM WANNACOMET WATER COMPANY FAX NO. 5083255344 P, 02 WANNACOMET WATER COMPANY " .... Nantucket Water Commission Nelson K. Eldridge Noreen Slavit~ David D. Worth 1 Mil8$tone Road Nantuck~t, MA 02554 Robert L. Sardner General Manager July 7,2004 Telephone (808) 228-0022 Facsimile (SOB) 325-5344. www.wannacomet.org Ms. Linda Williams Zoning Board of Appeals I.East Chestnut Street Nantucket, Ma 02554 By Telefax RE: Triple R Cleaning Services 22 Appleton Road Dear Linda, 1 have met with Mr. Richard R. Ray, Jr. the owner of Triple R Cleaning~vices located at 22 Appleton Road. Ml'. Ray and I discussed the nature of his operation and the various cleaning agents that he uses in his line of work. At the conclusion of our meeting I asked Mr. Ray to provide me with the Material Safety Data Sheet (MSDS) for the various agents. After reviewing the MSDS fonns I have determined that Mr. Ray's business does 110t pose a threat to Nantucket's public drinking water supply. If you have any questions or J can be of fmther assistance please give me a call. Sincerely, W ANNACOMET WATER COMPANY ~\.~.~~ Robert L. Gardner General Manager Cc: Ml'. Richard R. Ray, Jr. t kC0-~~ 1, PAPJ CW&r\~ e kef <l e~ 10 OL t- 6^ ~ k~ff (v\ ~<f l~~ godd 1~t1 -I k~.oo Town of Nantucket RECEIVED BOARD OF ASSESSORS JUN 3 0 2004 TOWN OF NANTUCKET, MA ZONING BOARD OF APPEALS LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF PROPERTY OwNER.'3:-.r:-~.ci.s.. .Pt2Dl::>S..... .................. ..... .' ". ,- . MAILING ADDRESS............ ............... :................. ................... ....... PROPERTY LOCATION. .c:.;;;J.. .Qppe+<:;X"). ....Rd.................. 'ASSESSORS MAPIPARCEL; ..Cala. .~. .t5>...3... ............ ........ .... ............ . _\ - W" \. 1 fL' '- -d f')_ APPLlCANT..LI.l.).~.... .1. .....I.ar.n..$ .......... ..!.kl..lCrlr.. . "'~i SEE ATTACHED PAGES I certify that the foregoing is a list of persons who are owners of abutting property, owners of land direct I*, opposite on any public or private street or way; and abutters of the abutters and all other land owners within 300 feet of the, property lirie of owner's property, all as they appear?n the most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139. Section 139-29D (2) .. !!!t. ..1;.. ..~tJ.t!i. 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