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
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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.
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THIS 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. 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:
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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:
~~~
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-
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 ~
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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:
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
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Town of Nantucket Web GIS - Printable Map
Town of Nantucket Web GIS
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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
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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
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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~~~~........................................
SEE ATTACHED PAGES
I certify that the foregoing is a list of persons who are owners of abutting property, owners of land
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 I I Zoning Code Chapter 40A
Section I39-29B (2)
!fJe;t, /'7 ,xCio&
DATE /
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;{SSESSOR'S OFFICE
Town of Nantucket
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