HomeMy WebLinkAbout097-06
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
/\IC Uf'I)) het--7 ' 20 0 (y
To: Parties in Interest and others concerned with the
-DeClslon Of the BOARD OF APPEALS in the Application of the
following:
Application No.:
O~7-c(p
'/)Cl ~"\ /4 JI e lJ f% to ::; en }{ (e ,-n-(! .
Owner/Applicant:
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
com,laint and certified copy of the necision must be given
to the Town Clerk so as to be received within such TWENTY
(20) days.
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cc: Town Clerk
Planning Board
~uilding Commis~ioner
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); g139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
NANTUCKET BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 54, Parcel 177
LUG-l
24 Polpis Road
Land Court Plan No. 10937-U
Cert. of Title No. 21,528
At a Public Hearing of the Nantucket Board of Appeals held at 1 :00 p.m., Friday,
November 3, 2006, 1 :00 p.m., in the Conference Room, 2 Fairgrounds Road, Nantucket,
Massachusetts, on the Application of DON ALLEN AUTO SERVICE, INC., with an
address of 24 Polpis Road, Nantucket, MA 02554, Board of Appeals File No. 097-06, the
Board made the following Decision:
1. The Applicant is APPEALING under Nantucket Zoning By-Law Section 139-31,
a decision of the Zoning Enforcement Officer ("ZEO") made in a letter dated October 17,
2006, in which the Applicant's request for the Certificate of Occupancy ("CO") was
denied on the basis that an abutting lot, shown as 22 Polpis Road, with a residential
structure on it and help in separate ownership, and a neighboring lot, shown as 26 Polpis
Road, under different ownership, separated by a "way" from the Locus, neither of which
are included in the Major Commercial Development Special Permit #032-03 ("MCD"),
amended on February 14,2005, issued by the Planning Board, had "expanded" their uses
without benefit of "appropriate permits". Applicant asserts that the provisions contained
within the MCD have been fully met and that issues that mayor may not affect the lots
shown as 22 and 26 Polpis Road, are irrelevant to compliance with the MCD. The
Applicant is asking that the Board of Appeals overturn the decision of the ZEO and order
that the Certificate of Occupancy be issued forthwith. See also BOA File No. 089-04.
The Premises is located at 24 POLPIS ROAD, Assessor's Map 54, Parcel 177,
Land Court Plan No. 10937-U. The Property is zoned Limited-Use-General1.
2. This Decision is based upon the Application and materials submitted with it,
along with the testimony and evidence presented at the hearing where testimony was
taken. There was one letter of support of the appeal on file from the immediately
abutting neighbor. The Town's engineer, Edward L. Pesce, P.E., of Pesce Engineering &
Associates, was present at the hearing and stated that he had performed three inspections
during construction and for final compliance, and had determined that the Applicant was
in compliance other than with the screening along the southerly border, which was later
resolved. The Planning Board Chairman, Donald Visco, submitted a letter to the Zoning
Board of Appeals dated October 18, 2006 in response to the denial of the Certificate of
Occupancy by the ZEO, which letter was subsequently ratified by a vote of the Planning
Board at a public hearing, where he stated:
The use of the property at 26 Polpis Road being related to the business
located on the subject site is irrelevant as it does not pertain to the MCD
Special Permit, (and therefore irrelevant to the Certificates of
Occupancy), because the property located at 26 Polpis Road... is
not in common ownership with the subject site and in not contiguous
to the subject site due to the fact that the parcels are separated
by a forty (40) foot wide unnamed "way". The use of the property at 22
Polpis Road is also irrelevant as it does not pertain to the MCD Special
Permit (and therefore irrelevant to the Certificates of Occupancy) because
the use of that property is residential and the property is in separate
ownership from the subject site. It is the opinion of the Planning Board
that all "appropriate" permits have been issued for the subject site, all
of the conditions of the MCD Special Permit have been met. .. and that
Certificates of Occupancy should be issued for all structures on the
subject site immediately without regard to any issues which may
concern 22 or 26 Polpis Road. The Planning Board supports the
appeal of Don Allen Auto Service, Inc. and recommends that the
denial by the ZEO be overturned by the ZBA and that the requested
Certificates of Occupancy be granted.
Additionally, there was an e-mail, a copy of which is on file, sent to the ZEO from Senior
Planner, Leslie Woodson, dated September 1,2006, stating "Don Allen has met all of the
requirements in the Planning Board decision to obtain any final Certificates of
Occupancy." There were three members of the Planning Board in attendance, should
there be any questions about their action, at the meeting as well as staff member, Senior
Planner, Leslie Woodson, who spoke in favor of the Appeal, and overturning the ZEO's
denial of the Certificate of Occupancy. There was testimony from Ms. Woodson that at
the Planning Board meeting on August 14, 2006, the Planning Board voted that a public
hearing was not required to allow the Applicant to eliminate the screening previously
required by the MCD between 22 Polpis Road and 24 Polpis Road, which was an issue
that the ZEO mentioned at the public hearing as a potential problem with the Applicant
obtaining a CO.
3. The ZEO made his presentation stating he was not as concerned about the CO as
he was about the two abutting properties, as so noted in his letter of October 17, 2006,
shown as 22 and 26 Polpis Road, having zoning issues that in his opinion impacted his
ability to sign off on the request for the CO for 24 Polpis Road. He did not offer at any
time any statement regarding noncompliance with the MCD requirements for the subject
property at 24 Polpis Road, other than the alleged screening issue that was altered per the
vote of the Planning Board on August 14, 2006, nor had he reviewed the previous
Variance relief granted in the Decision in BOA File No. 089-04. The ZEO admitted that
he was unaware of such amendment to the site plan. He expressed concerns about the use
of 22 and 26 Polpis Road for different reasons, and stated that the uses on those two
properties were related to the use on the Applicant's lot at 24 Polpis Road and affected
the MCD. A majority of the presentation was in reference to the properties at 22 and 26
Polpis Road and such testimony related to 26 Polpis Road was considered when the
public hearing concerning the Application in BOA File No. 098-06 was later opened. The
ZEO stated that the lot at 26 Polpis Road '"should be part ofthe MCD", even if they are
not currently. He further stated that a denial of the CO for the subject lot was the method
to bring the issues concerning 22 and 26 Polpis Road before the Board.
4. Applicant, through counsel, represented that a request for the issuance of the CO
had been made at the beginning of September of 2006 and through repeated attempts to
obtain the CO, no letter of denial was issued until October 17, 2006, several weeks after
the initial request was made and the memo from the Senior Planner was sent indicating
compliance at the beginning of September, 2006. Applicant stated that Don Allen Auto
Service, Inc. owned the property at 24 Polpis Road. Lot 26 Polpis Road were purchased
separately after the filing of the MCD Special Permit, by William and Deborah Tomovish
and was thus not part of the MCD Special Permit. The property at 22 Polpis Road is used
for residential purposes by employees of the Applicant and not for commercial purposes.
The property at 26 Polpis Road is the subject of a separate request for special permit
relief or a finding that relief is not necessary in the Application in BOA File No. 098-06.
The latter property is also separated from the Applicant's commercial property by a
separate parcel or "way" that is not owned by the Applicant and is thus not contiguous to
24 Polpis Road.
5. Applicant stated that he is not able to obtain his financing until he has a CO for
the property at 24 Polpis Road, and it was beyond the ZEO's jurisdiction to deny sign-off
on the CO based upon lots that were not held in common ownership and were not part of
the MCD Special Permit, if the subject lot was complying with the conditions of the
MCD. If those lots had issues related to zoning compliance, then those lots at 22 and 26
Polpis Road needed to be dealt with separately from 24 Polpis Road. Applicant stated
that he is experiencing a financial hardship due to the inability to convert the construction
loan into a mortgage.
6. Therefore, based upon the foregoing, the Board finds that the ZEO was in error by
denying the sign-off of the MCD Special Permit compliance that would have enabled the
Applicant to obtain the Certificates of Occupancy. The Board relied upon the
representations of the Planning Board and Planning Staff that all requirements of the
MCD have been met, and finds that it is not appropriate to deny the Certificates of
Occupancy based on activity on unrelated abutting lots at 22 and 26 Polpis Road when
determining compliance with the MCD Special Permit.
7. Accordingly, by a UNANIMOUS vote, upon a motion duly made and seconded to
uphold the Appeal brought by the Applicant, there were five votes in favor and no votes
in opposition. Therefore, the Appeal is upheld and the ZEO's denial of the issuance of the
Certificates of Occupancy is overturned; and the ZEO is ordered to issues said
Certificates of Occupancy forthwith for 24 Polpis R~ ~\ Ci:" g
Dated: November 7 ,2006 ~ f...:,..';.... e5
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TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
PAX 508-228-7205
NOTICE
A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at
1:00 P.M.. FRIDAY. NOVEMBER 3. 2006 in the Conference Room, 2
FAIRGROUNDS ROAD, FORMERLY KNOWN AS THE NANTUCKET
ELECTRIC COMPANY BUILDING, WITH AN ENTRANCE FROM OLD
SOUTH ROAD, FIRST RIGHT AFTER FAIRGROUNDS ROAD COMING
FROM TOWN WITH ENTRANCE FROM THE FRONT OF THE BUILDING,
Nantucket, Massachusetts, on the Application of the following:
DON ALLEN AUTO SERVICE, INC.
BOARD OF APPEALS FILE NO. 097-06
The Applicant is APPEALING under Nantucket Zoning By-law Section 139-31, a
decision of the Zoning Enforcement Officer ("ZEO") made in a letter dated October 1 7,
2006, in which the Applicant's request for the Certificate of Occupancy was denied on
the basis that an abutting lot, shown as 22 Polpis Road, with a residential structure on it
and held in separate ownership, and a neighboring lot, shown as 26 Polpis Road, under
different ownership, separated by a "way" from the Locus, neither of which are included
in the Major Commercial Development Special Permit # 032-03 ("MCD"), amended on
February 14,2005, issued by the Planning Board, had "expanded" their uses without
benefit of "appropriate permits". Applicant asserts that the provisions contained within
the MCD have been fully met and that issues that mayor may not affect the lots shown as
22 and 26 Polpis Road, are irrelevant to compliance with the MCD. The Applicant is
asking that the Board of Appeals overturn the decision of the ZEO and order that the
Certificate of Occupancy be issued forthwith. See also BOA File No. 089-04.
The Premises is located at 24 POLPIS ROAD, Assessor's Map 54, Parcel 177,
Land Court Plan No. 10937-U. the Property is zoned Limited-Use-General-l.
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mIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
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NANTUCKEt ZONING BOARD OF APPEALS
.. ., 1 EAST CHESTNUT STREET
NANTUCKET, MA 02554
CASE NO. C/17--0(p
F$E: l300.00
APPLICATION FOR RELIEF
Owner's name(s):~n f+/l~(l ftvto SerVIce I (C(Q,
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Mailing address:. ( ~)
. Loe . dr 02 /S' R o(Jd. Assessor's MapfParcel: $" '( ~ /77
Land Court PlanlP Book & PagelPlan File No.: /0 ? 3]-- q Lot No.:
Date lot acquired:_' _'& '7 Deed Ref./Cert. of Title: d /5,;;) f5 Zoning District: L oCr - r
:Uses on Lot- Commercial: None_ Yes (describe) lJeh, ~/j1 ,S'a &D. ~(j(bz [}J ~htliWJr
Residential: Number of dwellings~ Duplex~ Apartments_Rental Rooms
. Building Date(s): All pre-date 7n2? or ~C -..2c}el(o. C of 0(s)7
Building Permit Nos:
Previous Zoning Board Application Nos.: () f1-tlt(
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 n~confor,tij-ties:
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SIGNATURE:
(If not owner or ow
ant Attorneyl Agent )(
proof of gency to bring this matter before the Board)
FO A FFICE USE ~
Application received on:/Q) tll ~y: ' Complete: Need copies?:
Filed with Town Clerk: I Q W{)i:{JplannHog B.ard' __'_I Ilni'd'Rg D,pl,'_F=="7 BY~
Fee deposited with Town Treasurer:--.LQ'{ ?f{2[jBy: Lt~aiver requested?:_Granted:_I_I-
Hearing notice posted with Town Clerk: ifJ [fJ dt?Mailed: M{~ IJ{o.&M: ~f flJd:P.& ((j r2G7 ~
Hearing(s) held on:-1_'_ Opened on:_I_I_ Continued to:_I_I_ Withdrawn?:_I_'_
DECISION DUE BY: , , Made: I I Filed wrrown Clerk: I , Mailed: I '-
--- --- -----
contained herein is substantially complete and true to the best of my
illS a ' penalties of perjury.
I certify that the infor
knowledge, u er
Applicant is APPEALING under Nantucket Zoning By-law Section 139-31, a decision of the
Zoning Enforcement Officer ("ZEO"), as stated in a letter dated October 17, 2006. Numerous
requests had been made by Applicant's contractor for the issuance of a Certificate of Occupancy
(CO) for the property located at 24 Polpis Road, which is the business known as Don Allen Auto
Service. A letter was finally given to Applicant on October 17, 2006 denying the request for a
CO on the basis that the property known as 26 Polpis Road, which is in separate ownership from
24 Polpis Road and is separated by a Way; and the property known as 22 Polpis Road, which is
in separate ownership from 24 Polpis Road, neither of which properties are part of the Major
Commercial Development (MCD) Special Permit #032-03 that was approved by the Planning
Board on February 19,2004 as amended on February 14,2005, had an expanded use without the
benefit of "appropriate permits". Applicant asserts that all of the provisions and requirements
outlined within the initial MCD,..and the amendment thereto, have been met as confirmed by a
letter from the Chairman of the Planning Board attached hereto. The property at 24 Polpis Road
is separate and distinct from the properties at 22 Polpis Road and 26 Polpis, and the issuance of a
CO for the 24 Polpis Road property should not be held up because of a perceived issue on other
lots that are not part of the MCD. Applicant is requesting that the Board of Appeals overturn the
decision of the ZEO, and order that the Certificate of Occupancy be issued forthwith.
,.,r
Telephone 508-228-7222
Tele Fax 508-228-7249
Don Allen Auto Service, Inc.
c/o Bill Tornovish
24 Polpis Rd.
Nantucket, MA 02554
Dear Mr. Tornovish:
Your requests for a Certificate of Occupancy (C.O.) for Building Permit #22-05 and #835-05 for
work at 24 Polpis Rd. (Map# 54, Parcel# 177) has been denied for the following reason(s):
On March 8,2004, Don Allen Ford Mercury was issued a Major Commercial Development
special pennit (#32-03) for expansion of a pre-existing, nonconforming commercial use (auto
dealership, body and repair shop and other related services) at 24 Polpis Road. An inspection of
that property as part of the C.O. review shows that the operations pennitted at 24 Polpis Rd. have
been expanded to include automobile storage in and along the adjoining Way and the property
known as 26 Polpis Roa<.J.,.without pennit. Section 139-28A(I) of the Zoning Code requires that
no C.O. .....be issued uiitil the premises, building or structure, and its proposed use and accessory
uses, comply in all respects with (the Zoning Code)." The following violations prohibit a
Certificate of Occupancy from being issued:
_ Expansion of a Major Commercial Development without penn it (9139-11H).
_ Change to, and expansion of, a said to be limited pre-existing, nonconfonning
commercial use at 26 Polpis Road without pennit (9 139-33A).
_ Change to, and expansion of, a said to be limited pre-existing, nonconfonning
commercial use within the Public Wellhead District without pennit (9 139-12B(3)c).
You are required to bring your operation within compliance of special permit #32-03 or seek the
appropriate pennitting to allow expansion of the use prior to approval of your Certificates of
Occupancy. Please be advised that this notice includes any actual or proposed commercial use of
the property known as 22 Polpis Road.
If you have any questions regarding this notice please call, fax or visit.
arcus erstein
Zoning Enforcement Officer
Town ofNantllck<;:t
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Please be advised that an appeal of tbis denial may be filed witbin 30 days of tbis notice witb tbe Zoning Board of Appeals. pursuant to ~ 139-31
of tbe Town of Nantucket Zoning Code.
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Nantucket Planning Board
October 18, 2006
Zoning Board of Appeals
Attn: Nancy Sevrens, Chairman
2 Fairgrounds Road
Nantucket, MA 02554
Re: Don Allen Auto Service, Inc.
Dear Mrs. Sevrens:
1bis letter is regarding the Don Allen Auto Service, Inc. appeal (ZBA file number 097-06) of the Zoning Enforcement
Officer's (ZEO) denial of the Certificate of Occupancy for Building Permit # 22-05 and # 835-05 for property located at
24 Polpis Road (Tax Assessor's Map 54, Parcel 177). It should be noted that the property in question was granted a
Major Onnmercial Development (MCD) Special Permit by the Planning Board (planning Board file # 32-03) on March
8,2004 and was subsequendy modified on February 28,2005.
In a letter dated October 17, 2006, the ZEO, Marcus Silverstein, stated that the Certificates of Occupancywere denied
because" ... the operations permitted at 24 Polpis Rd. have been expanded to include automobile storage in and along
the adjoining Way and the property known as 26 Polpis Road without permit." Mr. Silverstein then cites Section 139-
28A(1) of the Zoning Bylaw and lists a number of violations that allegedly pertain to the subject site at 24 Polpis Road.
In addition, the last sentence in the letter from Mr. Silverstein states "Please be advised that this notice includes any
actual or proposed commercial use of the property known as 22 Polpis Road."
The use of the property at 26 Polpis Road being related to the business located on the subject site is irrelevant as it does
not pertain to the MCD Special Permit (and therefore irrelevant to the Certificates of Occupancy) because the property
located at 26 Polpis Road (Tax Assessor's Map 54, Parcel 176) is not in common ownership with the subject site and is
not contiguous to the subject site due to the fact that the parcels are separated by a forty (40) foot wide unnamed "way'.
The use of the property at 22 Polpis Road is also irrelevant as it does not pertain to the MCD Special Permit (and
therefore irrelevant to the Certificates of Occupancy) because the use of that property is residential and the property is in
separate ownership from the subject site.
It is the opinion of the Planning Board that all "appropriate" permits have been issued for the subject site, all of the
conditions of the MCD Special Permit have been met (see attached e-mail dated September 1, 2006), and that
Certificates of Occupancy should be issued for all strUCtures on the subject site immediately without regard to any issues
which may concem 22 or 26 Polpis Road. The Planning Board supports the appeal of Don Allen Auto Service, Inc. and
recommends that the denial by the ZEO be overturned by the ZBA and that the requested Certificates of Occupancy be
granted.
If you have any questions regarding this letter please contact the Planning Office at 508-228-7233.
lJ*!/~
Donald T. Visco,
Chairman
1 East Chestnut Street Nantucket Massachusetts 02554
508.228.7233 telephone 508.228.7298 facsimile
Leslie Woodson
From:
Sent:
To:
Cc:
Subject:
Leslie Woodson
Friday, September 01,2006 1 :13 PM
Marcus Silverstein
billjr2@comcast.net; 'Mark Nadeau'
Don Allen Ford, Certificate of Occupancy
Tracking: Recipient Read
Marcus Silverstein Read: 9/11/2006 6:39 AM
billjr2@comcast.net
'Mark Nadeau'
Marcus -
.-
Don Allen Ford he's met all of the requirements in the Planning Board decision to obta.in any final Certificates of
Occupancy.
If you bave any questions please feel free to contact me. ITave a great week-end!
Leslie
--- ----------- -~ -- ------------- -- ----------- --- - ------------- --- -- ---
Leslie Woodson. AICP
Senior Planner ,f
Nantucket Planning Office
Office Location:
2 Fairgrounds Road
Nantucket, MA 02554
Mailing Address:
16 Broad Street
Nantucket. MA 02554
50S.325.5385 telephone
508.228.7298 hlCsimile
lwoodson@nantucket-ma.gov
I
AFFIDAVIT
I, John J. Stackpole, of Old South Road, Nantucket, MA depose and say as
follows:
1. I am an employee of Harbor Fuel Oil Corporation, and have been
employed by Harbor Fuel on a full-time basis since 1969.
2. My father, Charles G. Stackpole, was one of the founders of Harbor
Fuel.
3. I have been very familiar with the property located at 26 Polpis Road,
Nantucket, MA since October, 1964 when Harbor Fuel first rented the property
from Phillip G. Murray and Elisabeth Murray to use for the storage of trailers,
vehicles and tanks with oil and tires.
4. In February, 1965, Harbor Fuel purchased the property at 26 Polpis
Road from Phillip G. Murray and Elisabeth Murray, and continued to use the
property for the storage of trailers, vehicles and tanks. There was also a building
constructed on the property that was used as office space, and storage space.
5. The property at 26 Polpis Road was subsequently conveyed from
Harbor Fuel Oil CorJloration by Nancy Seaman to Brant Point Holding Company,
Inc., which was an-entity of Harbor Fuel, on September 10, 1996; and Brant Point
Holding Company c<?~eyed the property to William A. Tornovish, Jr. and Deborah
A. Tornovish on November 25, 2004.
6. The property has been consistently used, without interruption from
1964 to present, as a commercial property for the storage of vehicles, and other
commercial uses.
2006.
Signed under the pains and penalties of perjury this 16th da~.t.ober,
~~~ .--
JohJtJ. S ackpole .
COMMONONWEAL TH OF MASSACHUSETTS
.. I
Nantucket, ss
On this ,,==, day of ~V~ , 20 w. before me, the
undersigned notary public, personally appeared John J. Stackpole (a) v'
personally known to me, or (b) ~ proved to me through satisfactory
evidence of identification, which was ~~L~o;::-.-~ (type of
identification) to be the person whose name is signed on the preceding or
attached document, and acknowledged to me that he/she signed it voluntarily
for its stated purpose. 11 ~ -
Notary~
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AFFIDAVIT
I, Stephen L. Albright, of 77 Fairgrounds Road, Nantucket, MA depose and
say as follows:
1. I was an employee of Harbor Fuel Oil Corporation from February,
1970 to June, 2004.
2. I have been very familiar with the property located at 26 Polpis Road,
Nantucket, MA since the time of my hiring in February of 1970.
3. From the time that I started working at Harbor Fuel, the property at
26 Polpis Road was used as a tank farm and storage facility for petroleum products
and Harbor Fuel vehicles. At any given time, there were at least fourteen 1,500 to
3,000 gallon home-delivery fuel trucks on the property. There were also twin axle
gasoline delivery trucks, tires, parts, tanks that were used to measure meters,
petroleum storage, storage tank for vacuum trailers used for oil spills, electric
pumps, stored products and a graveled area for storing used oil tanks. There was
also a loading dock in the property.
4. Sometime in the late 1970's, the tanks were removed by Albert
Johnson, but the other uses outlined above continued
5. The property at 26 Polpis Road was subsequently conveyed from
Harbor Fuel Oil Corporation by Nancy Seaman to Brant Point Holding Company,
Inc., which was an entity of Harbor Fuel, on September 10, 1996; and Brant Point
Holding Company conveyed the property to William A. Tornovish, Jr. and Deborah
A. Tornovish on November 25, 2004.
6. The property has been consistently used, without interruption from
1964 to present, as a commercial property for the storage of vehicles, and other
commercial uses as outlined above.
Signed under the pains and penalties of perjury this 17th day of October,
2006.
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COMMONONWEALTH OF MASSACHUSETTS
Nantucket, ss
On this I-n1+. day of~ , 2()O0, before me, the
undersigned notary public, personally appeared Stephen L. Albright (a)
personally known to me, or (b) v proved to me through satisfactory
evidence of identification, which was (type of
identification) to be the person whose name is signed on the preceding or
attached document, and acknowledged to me that he/she signed it voluntarily
for its stated purpose.
Uff.
Notary Public
My commission expires:
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Town of Nantucket Web GIS - Printable Map
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Town of Nantucket Web GIS
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Prop 10
Address
Owner
54 177
24 POLPIS RD
DON ALLEN AUTO
SERVICE INC
24 POLPIS RD
NANTUCKET, MA 02554
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
Disclaimer The information displayed on this or
any other map produced by The Town of
Nantucket is for reference purposes only. The
Town of Nantucket does not guarantee the
accuracy of the data. Users are responsible for
determining the suitability for individual needs.
All information is from the Town of Nantucket
NOT A LEGAL DOCUMENT
"::::)
Sale Date
Sale Price
Book/Page
Lot Size
$0
C00051 686
1.83 acres
Town of Nantucket, Mass
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Town of Nantucket Web GIS
Prop ID
Address
Owner
54 177
24 POLPIS RD
DON ALLEN AUTO
SERVICE INC
24 POLPIS RD
NANTUCKET, MA 02554
NOT A LEGAL DOCUMENT
.=,
Sale Date
Sale Price
Book/Page
Lot Size
$0
C0005/ 686
1.83 acres
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
Disclaimer The information displayed on this or
any other map produced by The Town of
Nantucket is for reference purposes only. The
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accuracy of the data. Users are responsible for
determining the suitability for individual needs.
All information is from the Town of Nantucket
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APPROVAL OF ASPEOAL PERMIT FORAMA}ORCOMMEROAL DEVELOPMENT\D
Special Permit # 32-03
Don Allen Ford Mercmy
24 Polpis Road
Map 54, Parcel 177
Land Court Plan # 10937- U at Certificate # 5686
March 08, 2004
PROPOSAL
The Nantucket Planning Board at its February 09, 2004 meeting considered the application of Don Allen Ford Mercmy
for Major Site Plan Review (139-23) and a Special Permit under the following sections of the Nantucket Zoning Bylaw:
Major Commercial Development (139-11), Limited Use General-1 (LUG-1(139-7}) district, and Public Wellhead
Recharge Overlay District (139-12). The site is also located within the Nantucket Harbor Watershed Overlay District.
The site is approximately 79,764 square feet and consists of three parcels with approximately 236 feet of frontage along
Polpis Road. The applicant is proposing an expansion to a pre-existing non-conforming use: automobile sales
dealership, automobile body and repair shop, and automobile service. A "Showroom Building" is proposed to be
located near the front of the site and a "Service Building" will be located to the rear of the site. Automobiles will be
displayed along the southwestern comer and in the center of the site.
BASIS OF THE FINDINGS
The Board's findings and decision refer to the following plans and reports submitted by the applicant:
.
Plans entitled "Site Construction Plans, Don Allen Ford, 24 Polpis Road, Nantucket, Massachusetts"
pages 1-8 , prepared by Stover Engineering Associates, Inc., dated and revised on November 03,2003.
This decision is also based on final plans to be modified in accordance with this decision;
Proiect Statement. Don Allen Ford Mercury Redevelopment Project, 24 Polpis Road, Nantucket, MA,
prepared by Stover Engineering Associates, Inc., dated October 31, 2003; and
Response to Horsley & Witten Letter of December 03. 2003. Application for "MCD" , Don Allen Ford
Mercmy Redevelopment Project, 24 Polpis Road, Nantucket, MA, Map # 54, Parcel # 177, Prepared by
Stover Engineering Associates, Inc, dated February 02, 2004.
.
.
Findings were also based upon:
. An application to the Planning Board for a Special Permit dated October 31, 2003;
. Representation, and testimony received in connection with the public hearings held February 09, 2004;
. Reports by Horsley & Witten, the Planning Board's consulting engineers, dated December 03,2003, and
February 04, 2004;
. A Certificate of Water Quality Compliance from the Wannacomet Water Company dated February 04,
2004; and
1 East Chestnut Street · Nantucket, MA 02554. (508) 228-7233 · fax (508) 228-7298
email: nanplan@town.nantucket.net
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Don Allen Ford Mercwy MCD - Decision
03-08-04
Assorted documents that are on file with the Planning Board.
DESCRIPTION OF THE PROPOSED PROJECf
The "Showroom Building" will consist of a two-story building, the first floor of which will serve as a two car showroom
and will include open and closed sales offices, as well as male and female restrooms. The second floor will contain a
conference area and a small employee lounge area. In addition, the second floor will contain a small apartment intended
for employee housing. A small portion of this building will contain a basement which will be used for the storage of
records.
The "Service Building" will contain three main uses:
. The office area will consist of a two story building measuring approximately 40 feet by 52
feet. This will include an office area with a customer service waiting area, service and parts
management offices, restrooms, parts storage, parts distribution to the service area, and part
resale to the public. The second floor will be used for undefined employee uses;
. The service area will be equipped with fixed lifts. In this area, automobiles will undergo
service such as oil changes, tire maintenance, and general automotive repairs. The floor in
this area will be coated and sealed concrete, pitched to an interior floor drain. All floor
drains will be directed to an oil! water separator prior to discharging into the municipal waste
system;
. The autobody shop will include all vehicle repairs damage repairs, frame straightening, and
painting. There will be a dust collection! vacuum system for the control of sander dusts, a
self contained spray paint booth, and storage of autobody materials. The floor in this area
will be coated and pitched to the inner area of the space. There will be no floor drain
system. All spills will be contained, controlled, and removed by employing absorbent
materials only.
It should be noted that the "Service Building" will be constructed prior to the demolition of the existing buildings and
prior to the installation of the subsurface drainage system in the portion of the site where the existing building is located.
The site will contain fifty-five (55) legal parking spaces for customer and employee parking, along with additional parking
for product display. The entire parking lot will be constructed of bituminous concrete pavement, except for the areas
dedicated solely to product placement, which will be construCted of crushed stone.
FINDINGS
The Board finds that the proposed MCD: is in harmony with the purposes and intent of the Zoning Bylaw and meets
the intent of the MCD Guidelines as amended through July 29, 2002 and adopted by the Planning Board. The MCD
Guidelines set forth several points which a proposed project should meet when located outside of the town district.
These points are as follows:
"Put the Project's Best Face Forward": the Board finds that the project's "face" on Polpis Road is placed
close to the front yard setback, with all parking being located to the side and rear of the building;
"Put Signage on Buildings": to be addressed by the Historic District Commission (I-IDq;
"Use Open Space and Landscaping to Best Advantage": the Board finds that the
proposed landscape plan effectively screens the parking areas; and
"Break Up Buildings: Small is Beautiful": rather that one large building for sales and service, two buildings
of a smaller scale are propose.
Based on the findings above, the applicant has met the aforementioned guidelines through site design and architecture
which supports the intent of the MCD Guidelines.
DECISION
The Planning Board is required to render a decision on the application based on Zoning By-law section 139-11; the
Requirements and Guidelines for Maior Commercial Developments as amended though July 29, 2002; and Section 139-
23 of the Zoning Bylaw.
20f4
. .
.)
Don Allen Ford Mercury MCD - Decision
03-08-04
Based on the foregoing description, findings, and the above referenced documents, the Nantucket Planning Board
hereby APPROVES this application based on a 5-0 vote in favor of approval.
Finding that the application of William Tomovish for the Don Allen Ford Mercury Major Commercial Development, as
modified by the foregoing conditions, is in harmony with the general purpose and intent of the Nantucket Zoning
Bylaw, the Planning Board of the Town of Nantucket hereby approves the site plan under Section 139-23 of the Zoning
Bylawand GRANTS a Special Permit for a Major Commercial Development pursuant to section 139-11 of the
Nantucket Zoning Bylaw. This Special Permit is issued for a tract described as:
Map 54, Parcel 177
Land Court Plan # 10937- U at Certificate # 5686
The Board's approval is conditioned upon compliance with the "Description of Proposed Project" and "Findings" as set
forth in this decision, and as shown on the plans referenced herein. The Planning Board also sets forth the following
conditions:
1. That the applicant shall submit a final copy of the definitive site plans for the MCD within ninety days
from the date of this decision (March 08,2004), which may be subject to further modification pursuant to
this decision. No building permit shall be issued nor shall construction commence until the revised plans
are submitted to and endorsed by the Planning Board;
2. That the installation of all infrastructure be done in accordance with the endorsed definitive plans, within
two (2) years from the date of this decision (March 08, 2004);
3. That the Certificate of Occupancy for the "Service Building" be granted upon completion of said building.
The Certificate of Occupancy for the "Showroom Building" shall not be granted until all infrastructure has
been completed;
4. That the applicant comply with section 139-12 (public Wellhead Recharge Overlay District) of the Zoning
Bylaw;
5. That recorded copies of all legal documents (Employee Housing Unit) shall be presented to the Planning
Board within six months from the date of this decision (March 08, 2004). Legal documents shall be
recorded and submitted to the Planning Board prior to the issuance of a Building Permit;
6. That except for the "Service Building", no Certificates of Occupancy shall be issued for the MCD unless
the employee housing is also eligible for such certificate, or unless the Planning Board has approved a
schedule linking a portion of the required employee housing to specific portions of the overall MCD,
allowing phasing of the MCD as employee housing becomes available;
7. That although this project is not a subdivision, all engineering inspections take place in accordance with
Section IV of the Rules and Regulations Governing the Subdivision of Land, as amended through
December 20, 1999;
8. That the applicant maintain at least thirty percent of the site as open area as defined in Zoning Bylaw
section 139-11;
9. That no product display take place within the front yard setback The grass area between the "Showroom
Building" and Polpis Road shall be used only for landscaping and open space purposes;
10. That the hours of operation for the entire site shall be between 7:00 a.m. and 7:00 p.m. seven days a week;
11. That a final as- built of all site improvements be submitted by the applicant and a final site inspection be
completed by Horsley & Witten prior to the issuance of a Certificate of Occupancy for the "Showroom
Building" .
12. That a pre-construction meeting take place prior to the start of construction.
3of4
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Don Allen Ford Mercury MCD - Decision
03-08-04
RECORD OF VOTE
On February 19,2004 the Planning Board voted to APPROVE the Site Plan and this Major Commercial Development
Special Permit. On March 08, 2004 the Planning Board voted to ENDORSE this decision.
Nantucket, SS
COMMONWEAL 1H OF MASSACHUSETIS
rn~ 10 ,2004
Then personally appeared {V-a.nCA'S r ~~ one of the above-named members of the Planning Board of
Nan t, Massachusetts and acknowledged t ore-going instrument to be his/her free act and deed before me.
Date my
Comrmssion Expires
DAWN e, HIU.
Com Notary Public
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NANTUCKET PLANNING BOARD
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APPROVAL OF A SPECIAL PERMIT MODIFICATION 0\
Don Allen Ford Mercury Major Commercial Development (MCD) Special Permit
Owner: William Tomovish
Applicant: Don Allen Auto Service, Inc.
Land Court Plan 109370
Tax Assessors Map 54, Parcel 177
Planning Board File # 32-03
February 28, 2005
Requested Modification:
The applicant, Dona Allen Auto Service, Inc, requested that the Planning Board modify the Major Commercial
Development (MCD) Special Permit decision dated March 08,2004 to eliminate the construction phasing as indicated
on pages G8 though G10 of the Definitive Plan.
Findings:
The Planning Board, at its February 14, 2005 meeting found that the proposed modification of the MCD Special Permit
Decision did not affect the intent or findings of the original decision. Based on the inspection of minutes and
documents from the original filing, no evidence \VaS found that supported phasing plans being required by the Planning
Board. It is the finding of the Planning Board that construction phasing w:l.S voluntarilyoHered by the applicant's
engineer, therefore waiving this requirement is not is in conflict with the original decision.
It should be noted that all existing buildings must be properly removed from the site and all site improvements as
indicated on the definitive plans must be completed prior to the issuance of a Certificate of Occupancy (CD).
Decision and Vote:
A motion \VaS made and duly seconded to approve the proposed Modification to Special Permit # 32-03 for Don Allen
Ford Mercury MCD. On February 14, 2005 the Planning Board voted 5-0 to APPROVE this Special Permit
Modification and on February 28,2005 the Planning Board voted 4-0 to ENDORSE this decision.a
1 East Chestnut Street . Nantucket, MA 02554 . (508) 228.7233 . fax (508) 228.7236
email: nanplan@nantucket.net
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APPROVED
Joanne Holdgate
APPROVED
COMMONWEALTH OF MASSACHUSETTS
Nantucket, 55
~lnuA'7- lL,2005
On this 2.f dayof t1t~ ~ ,2005, before me, the undersigned notary public, personally
appeared ,,~ IH~... , who is known to me to be the person whose
name is signed on the preceding or attached document in my presence.
ftrJ~~
~ LESUE ERIN WOODSON
~1t Notary Public
\Veoovoonwealth of Massachusetts
My Commission Expires
December 22, 2011
Don Allen Ford Mercury Decision 02-28-05
2
f.
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
r:- -e 0('(/0 V'i I
, 2005-
To: Parties in Interest and Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.: of(9-of
Owner/Applicant :_1:>0 n A-lIe (\ A-oio Serutl"'.e_
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 necision 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); 9139-321 (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
NANTUCKET BOARD OF APPEALS
1 East Chestnut Street
Nantucket, Massachusetts 02554
Map 54
Parcel 177
LUG-1
24 Polpis Road
Land Court Plan 10937-U
Certificate of Title 5686
At a Public Hearing of the Nantucket Board of Appeals held at 1:00 p.m.,
Friday, December 10, 2004, in the Conference Room of the Town of Nantucket
Annex Building, DON ALLEN AUTO SERVICE (Board of Appeals File No. 089-04)
the Board made the following Decision:
1. Applicant is seeking a MODIFICATION of previously granted VARIANCE
relief in the Decisions in BOA File Nos. 008-79 and 007-82, which allowed an
increase in ground cover to extend and alter a pre-existing, non-conforming use and
ground cover. The relief would be granted under Nantucket Zoning By-Law
Section 139-16A. The property has been operated as a vehicle sales and service
establishment since a time prior to the 1972 enactment of the Zoning By-Law, when
the Applicant purchased the property in 1967. The Applicant has received Major
Commercial Development Special Permit 32-03 from the Nantucket Planning Board
allowing demolition, reconstruction and expansion of the uses and structures on the
site. The Historic District Commission has also granted approval for the new
structures. Though the Planning Board approved all Special Permit aspects of the
project, expansion of the ground cover necessitates relief by Variance to be granted
by the Zoning Board of Appeals. The existing ground cover would be increased
from approximately 8, 535 square feet to approximately 12,000 square feet. The
Locus is conforming as to lot size with the Lot having an area of approximately
79,785 square feet in a district that requires a minimum lot size of 40,000 square
feet. The Locus is non-conforming as to ground cover with the Lot having a ground
cover of approximately 10. 7% (or approximately 8,535 square feet) in a district that
allows a maximum ground cover of 7%.
The Premises is located at 24 POLPIS ROAD, Assessor's Map 54, Parcel 177 ,
Land Court Plan No. 10937-U, Certificate of Title 5686. The property is zoned
Limited-Use-Generall.
2. This Decision is based upon the Application and materials submitted with it,
along with the testimony and evidence presented at the hearing. The Planning
Board Chairman and the Senior Planner were in attendance at the meeting, and
spoke in favor of the Application and clarified the issues that the Planning Board
considered in its review of a Major Commercial Development and how the current
situation evolved. There was no opposition to this Application. There was one
abutter who was not opposed to the Application, but wanted to make certain that
specific restrictions were included in the Decision, which the Applicant had agreed
to. There were several people who spoke in support of the Application at the
Hearing.
3. Applicant, through personal testimony and through legal counsel,
represented that he had spent well over a year in the permitting process, and had
received a Special Permit (the "Permit") for an Major Commercial Development
("MCD") from the Planning Board on March 8, 2004 in order to demolish existing
commercial structures, presently used for servicing and the sale of motor vehicles,
and construct two new commercial structures for the same purposes on the
conforming lot. Said work would include a substantial alteration of the open areas
as well. Applicant proceeded in good faith in reliance on said Permit through the
rest of the permitting process without any awareness that other zoning relief was
required that was not covered by the Permit. Both of the Planning Board
representatives described above stated that they felt at the time that the Permit was
granted that all necessary relief was granted to complete the project as proposed,
including the increase in ground cover from approximately 8,535 square feet (a
ground cover ratio of approximately 10%) to approximately 11,717 square feet (a
ground cover ratio of approximately 29.3%). The Applicant had contracted with an
off-Island company and proceeded to order the main shop building while waiting
for the issuance of the building permit. When the Applicant was ready to commence
with construction he received a call from the Zoning Enforcement Officer advising
that additional relief was needed from the Zoning Board for ground cover prior to
issuance of a building permit. Applicant was then informed that upon further
review the Planning Board could not grant an increase in ground cover in the
Permit as that Board had no jurisdiction over matters that required variance relief.
Applicant is now seeking to amend the two previously granted Decisions in
BOA File Nos. 008-79 and 007-82, which allowed an increase in ground cover of
approximately 756 square feet and approximately 726 square feet, respectively, to
increase the ground cover approximately 3,182 square feet for a new total of
approximately 11,717 square feet for a ground cover ratio of approximately 29.3%.
The new structures, the main shop building and the separate structure that would
contain the showroom, would include approximately 15,777 square feet of floor area
of which approximately 611 square feet would be used for employee housing, and
would be conforming as to all setback requirements. The net commercial space
would be approximately 15,166 square feet. The Service Building would contain
three main uses: the offices and waiting room would be located in the front
approximately 2,184 square-foot two-story portion of the building attached to the
Service Building with several service bays and that would include several fixed lifts,
for a total ground cover of approximately 9,657 square feet. The separate
Showroom Building is proposed as a two-story building, which would include a two-
car showroom, sales office, employee lounge, an employee apartment on the second
floor and storage in the basement. The two commercially related floors bave an
area of approximately 3,260 square feet with the total ground cover being
approximately 2,060 square feet. There are 55 parking places on the premises as
required by the Permit. Applicant represented that the proposed project would use
the available land more efficiently as the green space would be increased from the
current about fifteen (15%) percent to over thirty (30%) percent (the minimum
required under the By-law) making the overall use of the site appear far less
intensive. The site of the Service Building, currently located in the portion of the lot
that is fully visible from Polpis Road, would be changed and the new building would
be located to the rear narrow portion of the irregularly shaped lot, in order to
minimize any negative visual impact upon the public.
4. Therefore, based upon the foregoing, the Board finds that the proposal to
construct the additional approximately 3,465 square feet of ground cover would be
in harmony with the general purpose and intent of the Zoning By-Law; and would
not be substantially more detrimental to the neighborhood than the existing
situation. In addition, the Board finds that this project would be a substantial
improvement to the neighborhood and would enable the business to continue to
provide an essential service to the Island, and that owing to circumstances relating
to the shape and topography of such land or structures and especially affecting such
land or structures but not affecting generally the zoning district in which it is
located, a literal enforcement of the provisions of the Zoning By-law would involve
substantial hardship, financial or otherwise to the Applicant, and that desirable
relief may be granted without substantial detriment to the public good and without
nullifying or substantially derogating from the intent or purpose of the By-law. The
Board finds that this vehicle dealership and servicing establishment started during a
time prior to the 1972 adoption of the Nantucket Zoning By-law and that it is
unique in that it is the only dealership and full service garage on the Island of
Nantucket. It is reasonable to expect expansion of just such an activity over the past
40 years. The Board notes that there would be additional benefits to the
neighborhood in that activities that had traditionally taken place outside will now
take place inside, lessening the impact from noise from the serving of vehicles.
5. Accordingly, by a UNANIMOUS vote, the Board hereby GRANTS the
requested relief by MODIFICATION of the previous VARIANCE relief granted in
the Decisions in BOA File Nos. 008-79 and 007-82. Reliefis hereby conditioned upon
the following:
a. Service doors on the rear northwesterly side of the shop structure
shall be kept closed when the shop is in operation;
b. No outside servicing of vehicles shall be allowed;
c. A minimum of thirty (30%) percent of the site shall be maintained as
open space as defined in Zoning By-law Section 139-11 (included as
Condition #8 in Nantucket Planning Board Special Permit #32-03
granted to Applicant for the Major Commercial Development);
d. There shall be no product display allowed within the front yard
setback area. The grass area between the "Showroom Building" and
Polpis Road shall be used only for landscaping and open space
purposes (included as Condition #9 in Nantucket Planning Board
Special Permit #32-03 granted to Applicant for the Major
Commercial Development).
e. The screening shall be done in substantial conformance with the plan
marked as "P-l", dated January 19, 2005, and done by Stover
Engineering Associates, Inc. on file with the Nantucket Planning
Board as part of Special Permit #32-03, granted to the Applicant for
the Major Commercial Development.
Dated: fiRl> ~ f t ZCtJ~
C. Richard L
'.
it
5, 00
I
RECEIV~:D
BOARD OF AS8ESSORS
OCT 1 7 2006
TOWN OF
NANTUCI<ET. MA
Town of Nantucket
Zoning Board of Appeals
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
PROPERTY OWNER......j)tl1:Y.....~..t:Lt;;...~/ ~
MAILING ADDRESS...........................................i... ...... ..lJ..................... ...
PROPERTY LOCATION........~.'f.... .;J~.... r!c/.!...................
ASSESSOR MAP/P ARCEL........ $..~ .~.. /..7..7.......,..............................
APPLICANT.............~.. ..... .............. .., .......... ......... ...,.....
SEE ATTACHED PAGES
I certify that the foregoing is a list of persons who are owners of abutting property, owners ofland
directly 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 line of owner's property, all as they appear on the
most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 40A
Section 139-29B (2)
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