Loading...
HomeMy WebLinkAbout105-06 TOWN .OF NANTUCKET B.OARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 g Date: !)e~~~q 'dOOto .." ,-J --" I"C) To: Parties in Interest and. Others concerned wtth the v .-])eEislou"of the BOARD O~ APPEALS in the Application ofV-the following: \~ V1 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 d 0\ :~';J Applicant's name(s):_Don Allen Auto Service Inc. (-, .""- Mailing address:_24 Polpis Road, Nantucket, MA 0255 .:2 --" 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 Page 1 of2 Town of Nantucket Web GIS ..'\ ---- I--.-.~'-.""'" . " "~ .\.\ -"-,, ). / -......,...." --." ."/ ~(-:'. )( ~ !):\ / r~~ ~ ~ ...;( ~" \...) /jl;;~~!Q' ~'{ V~> i~V ~../o~" )~ , k ~-: ',0 ) y-" \ ~ / j"\ ~</ ''''~j 'V A\ \\V~\\ -'...../ J J "'---</0 ~;"' /')..-'" /~'\ ,-" { / /!.... " .' .'.~I <Y............. v // ~. (..........., // / / .., '" \ ). \ / ............."..... / <f<......................... ;;:S\J \~ ///.\ /\ \\ I . ....2'_:~<5 '............1 \'......... .\. / /' / \ \ ~ ...z........... '\ \''--^, '...... \'. / \ /' ,r)' _ \ ~JjJ /. '....... \ ( ......... ....:.r:./ \ C ./' .......'---...... \\\ // /~ \\. ~;-...'~ / // >..-~)\<~ ~% ...".......................... / -~""'" X'/ , " / ,,--i-t>/ ~V, r \ ~\ . \ \ // \ \.--. \// ... .. // \ ~ .~ / D B " \j o "':,..- . o 129ft 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 o 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 (:;pnl1r.:=.nhir Tnfnrm.:=ttinn ~\lc::h:)m (~Tc;, rl;:,.t.:=th.:=t<::t:l ~b. 1\ . ~~-_...\>~ ~~~ Town of Nantucket, Mass Map Composed http://hostappgeo.comlnantucketma/PrintableMap,aspx?Preserve=Width&MapWidth=8 6.,. 11/15/2006 ~~-n-\Ao-1 ?rra.s:.E:--r (r-'e.-re.- .....".00 w"",,-) \00. co \ - , :--1 I I , I I I 1 -l' '" ~ ..1Ii~ -:rr ~ ]t J ,(l ~ ,I II ~~1 I l I \ ?' I ,,, t~,1 1: I ~ I ll,~,l -oct I I I'~ ~ I ~ 2 '~ 1- 01 J '''10, j ql 01 ~' '" ~!~ ~I \ "",J __ 1. if I I 4 I - -, I - J I : I " I 'l I -,-- - - ~ I .~I I I - I I ~ I I '1 I~- \00.00 I . - --------, "...v-l ~0- , ..~..... , / -' / PO'-r'l~ ~ \f""I.o\<.. ~"'i) CURRENT ZONING MAP: we... - \ /p;.l(J.. OJ~ MINIMUM LOT SIZE: 40a:>O ~, MINIMUM FRONTAGE: (00....... FRONTYARD SETBACK; ~<; l'-'\" SIDE AND REAR SETBACK: \0 F..,- ALLOWABLE G.C.R.: 11- EXISTING G.C.R.: W;t': ~~1".-e.(1.Or.. r:.,QoJIlI--.o) PROPERTY UNES SHOWN ARE TAKEN FROM RECORDED DEED AND PLAN REFERED TO HEREON. BUILDINGS. MONUMENlS. ETC, ARE PLOmo FROM FIELD MEASUREMENlS. I HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE THAT THE PREMISES SHOWN ON THIS PLAN ARE LOCATED 'MTHIN THE ')I...' ZONE AS DEUNEATED ON THE "F1RM" MAP OF COMMUNITY NO. 250230; MASS. EFFECTIVE: 6-3-B6 BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. fZ.4>J\'oeo. 11'....'.:>/0 N.B. '2.10 (100 I I --~ , ~ 8 .1\ T .I Ii {' . 14(1'" ,~We:...JA. t;... 'IZ<~ '5'\'- \e.~/ l~? ~ ~ .1 .1 I I . j I I I I ---: I , I ! I~ L I I 1..9 I II\' I ! I " I , \ , " O~7'1' , po~ i)~.~V\loQI"',"""""?~Y\o \-I...,. '-""-1"'-'( Wrr.. . L-lJ(.o -I ..... pW iZ- \Z.SD'"" ~.......,.s J l?!J'T I"~...-r~ 7-.....,.....;...:.r, I'Wll-o-t~ 0.......'.....,,... ~) "'....~\....c..~I~ p..." ~ 'P>vI...J;>\,..\b~, l?~ ..... F,\.C.) 1'\"'>< */~\...", ~ ~"lta.Io.O -"V"T' ~",. Q~r.....--rEP, -, S',\_(),i ':"'}.,-',--' MORTGAGE INSPECTION PLAN IN NAN1UCKET, MASSACHUSETTS SCALE: \"~W' DATE:f"e.l'7,\o/\~9 PREPARED FOR: t::<::>M ~,I>...J-,-o ",~,<-E.. .;;.';1 I.:., NANTUCKET SURVEYORS INC, )\\;,1\ ," :"Ie; /'~': 5 WINDY WAY '~:':,,>'t'':iifl,:;;::,,';i. NANTUCKET, MA. 02554- ~&e--~E;~ ~~~~~~~g~~ ~~~~;:~~ ASSESSOR'S MAP: 51 PCL.\'Ut~I""r N-(,A4\ s"'.\ '-. 91 9!lAC. Of ~Q\USET1S THE C()IlIlIoNWE"{H . . sTATE P'NEl.~S. -?- .---::::- /-- // // // // // // // /.-- / \19 20.5 AC. \ \ \ I \ 1 \ III UA~ 1.'1' \ \ \ \ \ I \ i i \ , -r MILt 'HON!'. ./ 1 1. , , , , -t., I' $' ~, , I , I I I I f -&LTlI OF IIASSACHUSETTS 'THE CO....OM~ .. sTAlE PlNELAMDS" \ i \ , I I I , '-!!!2!!rH l'> . SOUT~STUR PASru t RE ( \ 44 4' ",8 AC. Ia.ft N; 46 S~8 N;, o g 'f ~ N98000. DAlE PARCEL CON8T~UCTEO. 1. 'I.C.) OENOT[& NOT """OlUIIAlE oNL1. SHO_K.ARE .. SECTION OIVISION LINU AS 2. S SECTION 6,VIS,ON UNES, 3__ ...__OEMOTf. ..' DAlE PARCEL REVISIONS 0" T E p.A.RCEl HOWN HEREON WA5 INFORMATION 5 HOToGRAPH5 DEED5. AERIAL P" . COMPILED FROM 0 AND \5 NOT TO IlE ."'D PLAN5 OF RECOR_ ,,,cc,("IFN1 ACCUR- , f f 43'\ ~.~1- .~ 11':_ ..-rnJ P",e."- (,~O ..... 12..~S- rfll N} ------ - --- ". .;~ ,.... :'.~~fo 'i~. 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 M (j) t1 co 0.. <l o 'M ... ~ fil fil o H ... OJ S .. '" ~ fil fil fil fil fil fil fil fil ~ ; ~ ~ ~ ; ~ ~ ~ ~ ~ I ~ ~ ~ 5 ~ ~ ~ 5 5 e ~ \D N .... N 0 N .... ........ N ~ .... " m N rn rn H H ~ ~ ... CD ~ .... ~ ~ ~ ~ ~ \D ~ \D ~ ~ 0 ~ ~ ~ ~ ~ ~ ~ 0 ~ ~ ~ ~ .... 0. LO"IfUlUllOI(lLOCDltlLOltllO.... .rt NNNNNNNNNONNN N 000000000.-4000 ~ ~~~~~~~ ~ .. " ~ H f:1 .. ~ I i ~ ~ ~ ~ ~ ~ " ~ ~ ~ 8 ~ ~ ~ g 8 8 f:1 f:1 f:1 f:1 f:1 ~ f:1 ~ f:1 f:1 I I I I I i I ~ I I i l!> ~~ CIl H HE-t ~B Ji:1b E-tE-t ~~ ~ ~ fil '" = ~ ~ t""- E'"-' o CIl III Ul : ~i~~~~ OJ ... ~ ~ ~ 2 lil ~ ~:::NO\gg ~ fil ~ ~ fil fil fil fil ~ ~ ~ 5 ~ ~ ~ ~ ~~~~:~e~ Q] 0 U U .. : t"'I ., ~ ~ ;: ~ ~ E ~ rn ~ ~ ~ > rn f2 ~ r. " g ~ .. g ~ z 0; Q " ~ .. 0; ~ ~ rn ~ ~ " E rn " .. ~ " ~ ~ ~ ~ o ..... u I z . I " OJ ~ o o u ~ 8 ~ ~ fiI ~ U ~ ~ ~ ,,~ " ~ ~ : I ~ < ~ ~ i ~ ~ i ; : ; s i i Ii; ; I ~ ~ Q ~ ~ ~ ~ ~ u g ~ u ~ z a ~.. ~ .. H H ~ " rn ~ ~ ~ s ~ ~ ~ ~ ~ ~ ffi 8 u z ~ ~ " " ~ ~ g ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o u 0; I " z ~ H . ~ ~ ~ rn o H .. .M g +J .-tlOlD....M\Dl""-\Dr--COO'lOlO o NNNmCDCOlDC\lNNNP'lCO H ........r-t..-t....MMNNNNNN :;: 0.. o o ... u o ... III ... '" M o N ..... or