HomeMy WebLinkAbout105-06
TOWN .OF NANTUCKET
B.OARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
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Date: !)e~~~q 'dOOto .."
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To: Parties in Interest and. Others concerned wtth the v
.-])eEislou"of the BOARD O~ APPEALS in the Application ofV-the
following: \~
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Application No.: /05" -0 [p
Owner/Applicant: ~ *tA8_n u+uio Seru~~, ~nc.
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 ~139-30I (SPECIAL PERMITS); ~139-32I (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 124
10 Polpis Road
LUG-1
Land Court Plan No. 10937-B
Lots 12 and 17
Cert. of Title 18,875
At a Public Hearing of the Nantucket Board of Appeals held at 1:00 p.m., Friday,
December 8, 2006, at 1 :00 PM, in the Conference Room, 2 Fairgrounds Road, Nantucket,
Massachusetts, on the Application of DON ALLEN AUTO SERVICE INC., of 24
Polpis Road, Nantucket, MA 02554, Board of Appeals File No. 105-06, the Board made
the following Decision:
1. Applicant is 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, without interruption, since at least 1959 at various times by a tour bus company;
automobile rental business; washing and servicing of buses and vehicles; plumbing and
heating business; and storage of trucks and related equipment. Applicant leased the
property in 1995, and purchased it in 1999, and has used the Premises for parking and the
building for the washing and detailing of cars continuously since that time. In addition to
the parking of vehicles on the site, Applicant now proposes to use the Premises by
relocating the island's only Massachusetts vehicle inspection station to the locus. The
Premises is located at 10 POLPIS ROAD, Assessor's Map 54, Parcel 124, Land Court
Plan No. 10937-B, Lots 12 and 17. 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. The Planning Board submitted a Memorandum dated December 4, 2006 advising
the Board of Appeals that the Planning Board voted 4-0 to support the requested Special
Permit, or a finding that relief is not necessary. There was one letter on file from the
direct abutter to the southwest expressing concerns about noise and safety issues. The
direct abutter to the northwest contacted the office by phone but submitted no written
objection. Applicant represented that he had spoken to both abutters, and agreed to
construct a fence at their request and the abutters had indicated to the Applicant that this
would help to mitigate their concerns. Another abutter was present at the meeting, and
expressed concerns about the expansion of the use, and the potential noise. An
"Affidavit", dated December 7, 2006, had been submitted into the file from the direct
abutter to the northeast and the predecessor in title to the Applicant. He stated that he had
owned the property between 1984 and 1999. He detailed the uses since 1984 and stated
that the property had been used "continuously as commercial property since 1959". A
letter from the General Manager of the W annacomet Water Company, dated December 1,
2006, was on file. He stated that the proposed change in use, though sited within the
Wellhead Protection District, met the requirements of Zoning By-law 9139-12 and
further issued a Certificate of Water Quality Compliance in accordance with Zoning By-
law S139-12B(3)(a). There was no other support or opposition expressed at the public
hearing or on file.
3. Applicant, through counsel and personal testimony, represented that this property
had been used for commercial purposes since at least prior to 1959 as stated above.
Further, Applicant represented that because of financial reasons, he was not able to
continue to lease space f-or the Massachusetts state vehicle inspection station at the
previous offl"'site location, and the business was forced to move the station to the subject
property owned by the Applicant. It was stated the Applicant was providing a substantial
and vital service to the island residents as this was the only Massachusetts state
inspection station on the island, and, if the Board found that this use was inappropriate on
this commercial property, island residents would be forced to go off-island to have their
vehicles inspected. Applicant is only required to inspect vehicles that he sells at the time
of purchase, and is able to do so at his 24 Polpis Road location. He is not able, however,
to accommodate the large volume of daily inspections at the 24 Polpis Road location. It
was also represented that a portion of the structure on the Premises would continue to be
used to wash and detail vehicles as part of his auto service business at 24 Polpis Road. It
was further represented that appropriate signage had been installed at the site to prevent
vehicles from interrupting the traffic flow onpolpis Road, and photographs were
presented to the Board showing three days of operation during the busiest time of the
month. Applicant further stated that a traffic pattern had been instituted that would not
require backing out onto Polpis Road and therefore there would be no safety hazard
created by the inspection station. There would be no additional noise generated by the
inspection station use and Applicant argued that the noise level should be less. The
property had been actively used for multiple commercial activities, including auto
servicing both in the structure and outside, and there had been several vehicles parked on
the site that would no longer be there.
4. Therefore, based upon the foregoing, the Board finds that the Applicant's request
for a finding that no relief would be necessary would not be appropriate but a grant of
relief by Special Permit was. The Board finds that the change in use to allow the
Massachusetts state inspection station would not be substantially more detrimental to the
neighborhood than the existing commercial use, particularly given the history of
commercial uses of the structure.
5. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested relief
by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-33A to allow the
change of use as proposed, with the other portion of the structure to continue to be used
for the detailing of vehicles associated with the Applicant's business at 24 Polpis Road,
subject to the following conditions:
(a) The structure shall be used for the washing and detailing of
vehicles associated with the Applicant's business and as a
Massachusetts state vehicle inspection station;
(b) There shall be no outside work on vehicles permitted;
(c) Hours of operation of the inspection station shall be no earlier than
8:00 AM and no later than 4:30 PM, Monday through Friday, and
earlier than 8:00 AM and no later than 11 :00 AM on Saturday,
with no inspections on Sunday;
(d) If there is washing and/or detailing of vehicles taking place after
5:00 PM the doors shall be closed; and
(e) A fence shall be constructed on the southwesterly and
northwesterly sides of the property with a minimum height of five
feet.
6. In separate action, by a UNANIMOUS vote, the Board waives the site plan
review as required in Zoning By-law Section 139-23.
Dated: December l~, 2006
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 ofthe NANTUCKET ZONING BOARD OF APPEALS will be held at
1:00 P.M.. FRIDAY. DECEMBER 8. 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. 10S-06
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 finding that such relief is not necessary. The lot has been historically
used, without interruption, since at least 1959 at various times by a tour bus company;
automobile rental business; washing and servicing of buses and vehicles; plumbing and
heating business; and storage of trucks and related equipment. Applicant leased the
property in 1995, and purchased it in 1999, and has used the Premises for parking and the
building for the washing and detailing of cars continuously. In addition to the parking of
vehicles on the site, Applicant now proposes to use the Premises by relocating the
island's only Massachusetts vehicle inspection station to the locus.
The Premises is located at 10 POLPIS ROAD, Assessor's Map 54, Parcel 124,
Land Court Plan No. 10937-B, Lots 12 and 17. The property is zoned Limited-Use-
General-I"
THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
AL TERN A TIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
NANTUCKET ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MA 02554
CASE NO. {6~~~
FEE: $300.00
APPLICATION FOR RELIEF
Owner's name(s):_Don Allen Auto Service Inc.
Mailing address:_24 Polpis Road, Nantucket, MA 02554
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Applicant's name(s):_Don Allen Auto Service Inc.
(-, .""-
Mailing address:_24 Polpis Road, Nantucket, MA 0255 .:2
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Locus address:_10 Polpis Road, Nantucket, MA 02554 Assessor's MaplParcel:J)'f)54 -124_
"u"
Land Court PlanIPlan Book & PagelPlan File No.:_10937-B Lot No.:~12 and'17_
Date lot acquired:_ 04-'_15-'_1999 _ Deed Ref./Cert. ofTitle: _COT 18875_ Zoning Distr~: - LUG-l_
.-~"'~
Uses on Lot -(tommerciaI;)None_ Yes (describe)
Residential: Number of dwellings_ Duplex_ Apartments_Rental Rooms
Building Date(s): All pre-date 7172?_Yes_ or C ofO(s)?
Building Permit Nos:
Previous Zoning Board Application Nos.:
: ; ~
State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of
the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities:
See Addendum
I certify that the information contained herein is substantially complete and true to the best of my
knowledge, undrnf pains and penalties of perjury.
SIGNAT~ ~' AttorneY/Agent-X
(If not owner or owner's attorney, please enclose oof agency t tter before the Board)
Application received on:iclP-e-BY: F R OFFIC~:PI te: . s?:~
Filed with Towo Clerk:~I2t~Pla . . _ - uilding Dept.: -' - ~Y{J)J.l.U.
Fee deposited with Town Treasnrer: jJ~~ )JY7BY: ~ Waiver reqnested?: - Granted:-' -' cfP
Hearing notice posted with Town Clerk:JlJ~ailed:1lAl11g21&M:lli U ~ J; ~-
Hearing(s) held on:_/---1_ Opened on:---1---1_ Continued to:---1---1_ Withdrawn?:~--1_
DECISION DUE BY:---1--1_ Made:---1---1_ Filed wlTown Clerk:--1_/_ Mailed:~~_
LAND COURT
Form 4/03/03
DECISION APPEALED?:---1---1_ SUPERIOR COURT:
ADDENDUM
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 April I, 1999 from the Rickard Family partnersbip,
however, they began renting the property on September I, 1995. The Rickard family owned this
property from October 9, 1984 until the time it was sold to the Applicants. On September 26,
1984, Island Tours, Inc., conveyed the property to the Rickard Family Partnership. Island Tours,
Inc. took title to this property on February 13, 1973 from Island Sightseeing Tours, Inc., which
took title to the property on May 1, 1959.
From 1959 to the time that Island Sightseeing Tours, Inc. sold the subject property to Island
Tours, Inc., this property was used to run a tour bus company, and automobile rental business.
Island Tours, Inc. continued this use from the time they purchased the property in 1973 to the
time they sold it to Tbe Rickard Family Partnership in 1984. There were normally up to twelve
tour buses parked on the property, approximately 65 Avis rental cars and six taxis. The tour
buses and the rental cars were washed and serviced on the property. Additionally, the State
Deparbnent of Motor Vehicles inspected the tour buses and vehicles on the property. The
Rickard Family Partnership purchased the property in September of 1984, and the business
continued as it had been for approximately another year. Beginning sometime in 1985, the tour
bus and car rental businesses were terminated, and Mr. Rickard began operating his plumbing
and heating business out of this property. He had all of his trucks parked on the property, a back
hoe and various other equipment necessary for the operation of his plumbing and heating
business, including the storage of parts. Applicants rented the property from the Rickard family
from 1995 to the time that they purchased it in April of 1999. The locus has been used
continuously by Applicants for washing and detailing cars as well as vehicle parking.
This property has been used continuously since 1959 for commercial purposes. Applicant
continues to use this property to wash and detail cars, and recently began to use it for an
automobile inspection station. It is the only inspection station on Nantucket, and, if applicant is
not allowed to use it for this purpose, there will not be any Massachusetts inspection stations on
the island.
Applicant alleges that the commercial use is grandfathered as it has been used for commercial
purposes since prior to the enactment of zoning in 1972, and that the present use is less intense
than past uses and less detrimental to the neighborhood.
Town of Nantucket Web GIS - Printable Map
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MILESTONE RO
Sale Date
Sale Price
Book/Page
Lot Size
54 124
10 POLPIS RD
DON ALLEN AUTO
SERVICE INC
24 POLPIS ROAD
NANTUCKET, MA 02554
04/15/1999
$400,000
C0018/875
0.46 acres
Prop ID
Address
Owner
NOT A LEGAL DOCUMENT
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For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator,
Ojs~l<lim~r The information displayed on this or
any other map produced by The Town of
Nantucket is for reference purposes only. The
Town of N<lntucket does not guar<lntee the
accur<lcy of the d<lt<l. Users <lre responsible for
determining the suit<lbility for individual needs.
All inform<ltion is from the Town of Nantucket
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I HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE
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ON THE "F1RM" MAP OF COMMUNITY NO. 250230;
MASS. EFFECTIVE: 6-3-B6 BY THE FEDERAL
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SCALE: \"~W' DATE:f"e.l'7,\o/\~9
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Town of Nantucket
Zoning Board of Appeals
LIST OF PARTIES IN INTEREST IN THE MATIER OF THE PETITION OF:
PROPERTY OWNER.......... J)Q .f'.)... .rJ.I/e.h... .f!v.b.... \5.C. j:~V~ :.~
MAILING ADDRESS.............. .~.~.... /?a J .p.1..-S... .8.d............................
PROPERTY LOCATION..... ......1 P... .1?~.It!-S... .R-S(..... . ........................ .
ASSESSOR MAP/PARCEL..... ..... .5~.:-:-:..I~. -:I............................ .............
APPLICANT........ ........ ............................ ................................. ............ ....
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 11 Zoning Code Chapter 40A
Section 139-29B (2)
/1 /8 /tJ~
DATE I'
~>>'itAi
AS ESSOR'S OFFICE
Town of Nantucket
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