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HomeMy WebLinkAbout098-06 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS' 02554 Date: !LbCftn(per tXO' 2000 ., To: Parties in Interest and. Others concerned with the -DecisIon of the BOARD OEl APPEALS in the Application of the following: Application No.: 09f?:o& Owner/Applica~t: WI 'tel cun /f. Qw(J ])Ptu-ITll1 fJ- . TOrn 0 V ( S'Vl 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. 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. NANTUCKET BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 54, Parcel 176 LUG-I 26 Polpis Road Land Court Plan No. 10937-U, Lot 75 Cert. of Title No. 5686 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 WILLIAM A. AND DE,BORAH A. TORNOVISH with an address of 21 Allen's Lane, Nantucket, MA 02554, Board of Appeals File No. 098-06, the Board made the following Decision: I. Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By- law Section 139-33A (alteration/expansion of a pre-existing, nonconforming use/structure), or a fmding that such relief is not necessary. The lot has been historically used as a storage area for oil trucks, general vehicular parking, trailer storage, and related commercial uses. Applicants propose to alter the existing nonconforming use of the lot by reducing the intensity of use to passive storage of new and used vehicles and minimal boat storage. The Premises is located at 26 POLPIS ROAD, Assessor's Map 54, Parcel 176, Land Court Plan No. 10937-U, Lot 75. The property is zoned Limited-Use-General-l. 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 request for relief on file from the immediately abutting neighbor. Donald Visco, the chairman of the Planning Board was in attendance, and spoke about the history of the property, having been used for fuel tank storage, tractor trailer parking, servicing of business related trucks, storage of tires and other such material, with the entire lot in use at any given time. He also supported the Applicants making application to the Planning Board aseeking a modification of the existing Major Commercial Development Special Permit that was issued to 24 Polpis Road to allow inclusion of this lot at 26 Polpis Road in order to allow parking related to the business taking place on 24 Polpis Road. Senior Planner Leslie Woodson also spoke about her meetings with the Applicants about modifying the existing Special Permit to include the subject lot. John Stackpole, representing the former owner, Brant Point Holding Company that operated Harbor Fuel Oil Corp., supported the comments made by Donald Visco and stated that the property had been used for oil spill response material, a licensed junk yard, Tripp Trucking and the repair and servicing of the oil delivery trucks. He supported the current use for the parking of vehicles and stated that "it was better now". There was a letter on file from Robert L. Gardner, General Manager of the Wannacomet Water Company, dated November 2,2006, stating that though the property was located within the Wellhead Protection District, the existing gravel parking lot was "well defined and allows for the controlled drainage of stormwater to the areas of natural vegetation for the treatment and recharge. This method of treatment and recharge is adequate for the current use of the property. Therefore, the Wannacomet Water Company finds that this project meets the requirements of Section 13 9-12.. . and hereby issues a Certificate of Water Quality Compliance in accordance with Section 13 9-12B(3 )( a). . . " Two Affidavits were submitted by the Applicants. The first one is from Stephen L. Albright who stated that he was an employee of the Harbor Fuel Oil Corporation from 1970 to 2004. He stated that the property had been used as a tank farm, 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... 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." Most importantly, he stated that "[t]he 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". The second Affidavit was from John J. Stackpole who also spoke at the public hearing as noted above. He stated that he had been working for Harbor Fuel Oil Corporation since 1969. The property had been used since 1964 for the "storage of trailers, vehicles and tanks with oil and tires". A building had also been constructed on the site that was ''used as office space and storage space". He concluded by stating that "the property has been consistently used, without interruption from 1964 to the present, as a commercial property for the storage of vehicles, and other commercial uses". 4. Applicants, through personal testimony and counsel, stated that they had purchased the property at 26 Polpis Road on November 25, 2004 after the filing of the MCD Special Permit on the property at 24 Polpis Road, and the property was not held in common ownership with 24 Polpis Road. The subject lot was also separated from 24 Polpis Road by a way and is thus noncontiguous with 24 Polpis Road. Applicants stated that the current use of the property as a parking area for vehicles and a few boats was less intense a use than what had been validated by the aforementioned Affidavits, verbal testimony and written material. Applicants argued that there was no change in use as the property had been used for parking of vehicles since a time prior to the 1972 enactment of the Nantucket Zoning By-law and thus no relief was necessary to continue to do so regardless of whether the cars were associated with the commercial use at 24 Polpis Road. In fact the current use, the dead storage of vehicles and boats, is less intense than the previous uses and the effect on the neighborhood would be less. 5. Therefore, based upon the foregoing, the Board finds that the uses currently in existence were uses that were historically in existence since a time before the 1972 enactment of the Nantucket Zoning By-law and that no relief is necessary for the Applicants to continue to use the property for the dead storage of vehicles and boats. There was evidence presented in the form of verbal and written testimony, aerial 5 photographs and a newspaper article from 1964 that supported the Applicants' claims of grandfathering for the parking of vehicles on the site. 6. Accordingly, upon a motion duly made and seconded to deny relief on the grounds that no relief is necessary, there were four votes in favor (Waine" Toole, Wiley, Tupper) and one vote in opposition to the denial (Sevrens). Relief is hereby denied as relief is not necessary for the Applicants to continue to use the property as currently used. Dated: November~O, 2006 /~/ BurrTuPP~V ~~ g 0"" ::E :;;.: z c;::l -< N o r r-' i. ::D \.0 W \.0 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. 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: WILLIAM A. AND DEBORAH A. TORNOVISH BOARD OF APPEALS FILE NO. 098-06 Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By- law Section 139-33A (alteration/expansion ofa pre-existing, nonconforming use/structure), or a finding that such relief is not necessary. The lot has been historically used as a storage area for oil trucks, general vehicular parking, trailer storage, and related commercial uses. Applicants propose to alter the existing nonconforming use of the lot by reducing the intensity of use to passive storage of new and used vehicles and minimal boat storage. The Premises is located at 26 POLPIS ROAD, Assessor's Map 54, Parcel 176, Land Court Plan No. 10937-U, Lot 75. The property is zoned Limited-Use-General-l. ~~?J~ THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. ~ ... ~ . ~ :"."'-:-"\1 ". ~n~l/ . .\~,1. <.1 "Ill. .... f I.( ~~ ) . ~IL~300,OO NANTUCKEt ZONING BOARD OF APPEALS .. " 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 CASE NO. o7? O(p APPLICATION FOR RELIEF Owner's name(s): UJrC(ID&1 It, and Defbrcth IJ-r /(11)0 Ulsh _~ailing addre~~: __'? L__~((~f}~_m__~I}_~:.l~~~~I!!~_~s-i- _' Applicant's n~me(s): - (~Qf)1e) . . .._-'-~---- Mailing address: , (~a' rrte) . Locus 'address: ~ (lblf/ S I( c7o,cR, Assessor's MapfParcel: 0'1 - , /7& Land Court Plan/Plan Book & PagelPlan File NQ.:_[OC'f 3 )-u . . Lot No.: 7 S' Date lot acquired:1L! IS IQY. Deed Ref./Cert. of Title: <;08(0 . Zoning District: L U(Y - I ~ses on Lot- Commercial: None_Yes (describe) Vent tU(rL1 rfrYOJ P_ . . Residential: Number of dwellings-'L. Duplex~ Apartments_Rental Rooms . Bullding Date(s): All pre-date 7/721 or C of 0(s)1 Btillding 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.;.Jaw, and supporting details, grounds for grant of relief, listing any existing nonconformities: ~ a'/howcf oddlJ;;n~) d (j\ r:, ., . l ---' co J ,.J (-.) \,0 ., I certify that the informa 'on contained herein is substantially complete and true to the best of my knowledge, under the' d penalti s of perjury. I SIGNA TU plicant Attorneyl Agent JC... (If not owner or ow 'er's ttorney, pie se e close proQ f agency to bring this matter before the Board) FORBAO FICEUSE .~J Application received on!LlJ J2~y: Complete: Need copies?: Filed with Town Clerk:/Q)t g-@PlanBillg Hoard: 1 / RlIiI.-ling Of'pt' ~_ By Fee deposited with Town Treasurer:tQ.t/&-@.BY~~ Waiver requested?:_Granted:_I_(_ Hearing notice posted with Town Clerk:LQI[t d2.Mailedi C) tt:IO&I&M: ta cfotz&. tDl fldr;& Hearlng(s) held 00:_1_1_ Opened on:_I_I_ Continued to:_I_I_ Withdrawn7:_I_/_ DECISION DUE BY:_I_I_ Made:_I_I_ Filed w{fown Clerk:_'_I_ Mailed: , 1_ Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-33A (alteration/expansion of a pre-existing, non-conforming use/structure), or a finding that such relief is not necessary. Applicants purchased the subject property on November 15, 2004 from Brant Point Holding Company, Inc. (which owned Harbor Fuel). The lot was used from October, 1964, when Harbor Fuel first rented the property, and ultimately purchased it in February, 1965 to the time it was sold to Applicants continuously for the storage of trailers, 3,000 pound oil delivery vehicles, oil tanks, trucks, tires, and other related materials. There was also a building on the lot that was used as office space, and storage space. The attached affidavits from John Stackpole and Stephen Albright, two long-term employees of Harbor Fuel, clarify the continuous uses of the property since 1964. The current use of the subject lot is considerably less intense, and more environmentally safe than past usages. It is currently used for storage for new and used vehicles and boats. The majority of the vehicles are in for repairs, and not on the lot for more than a few days. This use is a lot less intense than the previous use, and more appropriate to the neighborhood than the storage of oil tanks, and other hazardous materials. .~-~~ 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. . ' COMMONONWEALTH OF MASSACHUSETTS Nantucket, ss On this I t1'14- . day of ~ ,2()Ob, 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 helshe signed it voluntarily for its stated purpose. ~. Notary Public My commission expires: ~~~ GY'PJe~ J.-~..J. e .201, O. - 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 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 c<<?lWeyed 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. Signed under the pains and penalties of perjury this 16th day of Octobe , 2006. COMMONONWEAL TH OF MASSACHUSETTS Nantucket, ss On this ,,==, day of Q:c.. ~ , 20 ot', 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 ~~Uaa.. ~ (type of identification) to be the person whose name is signed on the preceding or attached document, and acknowledged to me that helshe signed it voluntarily for its stated purpose. 11 ~ _ Notary ~ LoH~~ QaP1,rz~ ~/fJ 1"20~ . .",,,......,,,,, 1f'Y' ..NTUC'" "'I. ~.,. ~';o........'!t....iOI. ~ ,\" '.r iIS!: I ~~.. ...:.~\ I fA '\'P' \ =0; .~: it-t~,-- ~~i. ! ~ . \ '.. -~ ! ~ ~ \~\ ~_- _ . .l~1 ~-""A' ~. ..,~ ~ ~..^.. .....~ 10'11 v~;;-""''''t'9' i' ;r'1l ORA't ",'iii 'f".....,,,,,, 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: This 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 Commercial Development (Mm) Special Permit by the Planning Board (planning Board file # 32-03) on March 8, 2004 and was subsequently 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 Mm Special Permit (and therefore irrelevant to the Certificates of Occupanc~ 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 Mm Special Permit (and therefore irrelevant to the Certificates of Occupanc~ 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 Mm 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 concern 22 or 26 Polpis Road. The Planning Board supports the appeal of Don Allen Auto Service, Ine. 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. D~p~ 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 01,20061:13 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 has met all of the requirements in the Planning Board decision to obtain any final Certificates of Occupancy. If you bave any questions please fed free to contact me. ITave a great week-end! Les lie Leslie Woodson. AICP Senior Pla.lluer ,..'- Nantucket Planning Office Office Location: 2 Fairgrounds Road Nantucket, ?vIA 02554 Mailing Address: 16 Broad Street Nantucket, M/\ 02554 508.325.5385 telephone 508.228. 7298 f~lcsimi Ie lwoodson@nantucket-ma.gov I Town of Nantucket Web GIS - Printable Map Town of Nantucket Web GIS lJ , -r::.-"':- o Page 1 of2 ,.' I ,.' I ;' i / ;-------~ ,.' ;' /' i / / I i Prop 10 Address Owner 54 176 26 POLPIS RD TORNOVISH WILUAM A & DEBORAH A 21 ALLENS WAY NANTUCKET, MA 02554 11/15/2004 $775,000 C0021528 0.97 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 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 ~., )\d "'" '#;", ._~~-~ ;>' "' "c"" ''0 Town of Nantucket, Mass r~,....,.................;~ T....(;,............-.....4-;........ C'"....f-....~ Ir'TC'\ .-l....I-....h....~,.... Map Composed http://host.appgeo.comlnantucketma/PrintableMap.aspx?Preserve=Width&Map Width=34... 10/17/2006 Town of Nantucket Web GIS - Printable Map Page 1 of2 Town of Nantucket Web GIS Prop ID Address Owner Sale Date Sale Price Book/Page Lot Size 54 176 26 POLPIS RD TORNOVISH WILUAM A & DEBORAH A 21 ALLENS WAY NANTUCKET, MA 02554 11/15/2004 $775,000 C0021528 0.97 acres NOT A LEGAL DOCUMENT 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 '::::J ~'\.. _/\--' "" .#: --- ~-- \,"" 't! '6 "~ Town of Nantucket, Mass r-"',...,....,_-......h;.... r....?.-....................;....... r"........,.,......... rrTC\ .-1-.1-.....1..".....,....... Map Composed http://host.appgeo.comlnantucketmalPrintableMap.aspx?Preserve=Width&Map Width=86... 10/17/2006 I' Town of Nantucket RECEIVED BOARD OF ASSESSORS OCT 1 7 2006 TOWN OF NA"'fr'v'v~T M'^ U"'<e"r'\C I" r\ Zoning Board of Appeals LIST OF PARTIES IN INTEREST IN THE MA ITER OF THE PETITION OF: '. ~ . PROPERTYOWNER_.,.id/~..:V'~...,.__..,__. MAILING ADDRESS........... .;;;;;.... ..n..........:......................;.......... ... PROPERTY LOCATlON... __ _" __,.,.,..... __..., __,~.. ,~......,' __.. ::::::~~~~CE~~~~........................................ 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