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Home My WebLink About041-98TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: May ~~ 19 98 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 041-98 Owner/Applicant: PHYLLIS G. MAYHEW 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 Decision must be given to the Town Clerk so as to be received within such TWENTY (20) days. '~~` le W. Waine ~ Chairman 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 §139-301 (SPECIAL PERMITS); §139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. a TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 Assessor's Map 69 8 DAISY WAY Parcel 49 Land Court Plan 14,342-M, Lot 37 R-C-2 Cert. of Title 13,128 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., Friday, April 10, 1998, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of PHYLLIS G. MAYHEW, of 135 Old South Road, Nantucket, MA 02554, Board of Appeals File No. 041-98, the Board made the following Decision: 1. Applicant is seeking a MODIFICATION of a SPECIAL PERMIT granted in a Board of Appeals Decision in File No. 013-92 and modified in 027-94. In addition or in the alternative, Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-9B(2)(b) (storage and warehousing) to complete the project as planned. Applicant proposes to convert an existing structure from use as a single-family dwelling to use for storage and warehousing space. An addition of 260+ square feet is also planned for the southerly side of the structure. Applicant also proposes to eliminate uses that were granted in File No. 013-92 under Nantucket Zoning By-Law §139-9B(2)(g) and (1), pertaining to outdoor storage, repair, washing and other servicing of motor vehicles and rental of motor vehicles on the property. The new storage. and warehousing use would be ancillary to Applicant's "Nantucket Rent-All" business located proximate the subject property at 135 Old South Road and would be limited to employee access only and not for customers. The Premises is located at 8 DAISY WAY, Assessor's Map 69, Parcel 49, Land Court Plan 14, 342-M, Lot 37. The property is zoned Residential-Commercial-2. 2. The Decision is based upon the Application and the materials submitted with it and the testimony and evidence presented at the Hearing. The Planning Board made a favorable recommendation on the condition that the relief requested was not in conflict with any Special Permit granted relative to employee housing. There was one (1) letter in the file from Charles W. Hart, Professional Land Surveyor, stating that there were no wetlands in, or in close proximity to the Locus, nor was the property is the Wellhead Protection District. There were no letters in favor or opposed in the file. 3. Applicant, through counsel, represented that she wished to convert an existing single-story single-family dwelling into storage and warehousing space and expand the building by 260+ square feet of ground cover on the southerly side of the structure, adding a second-floor deck to facilitate the moving of rental items in and out of the structure. Green space and parking requirements would be met with five (5) spaces and a loading zone being provided on-site. The existing access road would be relocated to a point within the existing easement, as it is currently sited within an existing "dirt track". The employee housing referred to in the Planning Board's recpmmendation was located on the owner's other lot and will remain unchanged. The existing single-family dwelling unit located in a separate structure on the Locus would remain unchanged. Applicant further represented that she was voluntarily giving up rights granted in BOA Decision in File No. 013-92, as modified in File No. 027-94, relative to the operation of the car rental business, with outdoor storage, repair, washing and othe servicing of motor vehicles. There will i,e rental business.M~~~~~utdoor storage of goods and materials~:i7~A~~Rswould be limited to employees of the owner's Nantucket Rent-All business on a nearby lot and not for direct customer service. 4. Therefore, the Board finds that the Modification and grant of Special Permit relief would be in harmony with the general purposes and intent of the By-Law and would not be substantially more detrimental to the neighborhood. The Lot is located in an area that is primarily of a commercial nature, with a municipal airport proximate the Locus, and the change in use to storage and warehousing would be consistent with other uses in the neighborhood. The impact will be mitigated with the restriction of access to this structure to employees only. 5. Accordingly, by a unanimous vote, the Board grants the requested MODIFICATION of the Decision in File No. 013-92, as modified in File No. 027-94, and relief by SPECIAL PERMIT under Nantucket Zoning By-Law §139-9B(2)(b) to allow storage and warehousing in the structure marked as "Dwelling #1", shown on a plan done by Charles W. Hart & Associates, Inc. and dated March 4, 1998 and on file at the Board of Appeals, by removing the dwelling unit in said structure, on the following conditions: a. A paved apron shall be constructed at the intersection of the easement access and the public road way known as Old South Road; and b. The parking area shall consist of native stone. 6. Per Nantucket Zoning By-Law §139-23, the Board, by a unanimous vote, approved the site plan, done by C les W. Hart & Associates, Inc. and dated March 4, 1998. ~ ~ Dated: May ~(~ 1998 ` ~ r ~.- Linda F. Wi liam v Timoth Madden HEC~1`~E.f~ TOWN CLERK'S OFFICE. NANTIIrU~'T n~" ^?55~' MAY 2 Q 1998 TIME:_._...._ _ _ _ _._-----.___ _...__ --- ri ~RK~ NTa i ~. ~ ~ Nancy -ev ns / rd '~r6ole ~.Ett"i'IFY THAT 2u UtiYS f-i~~E ELAraBll r1Fi~k THE pECISYON WAS FILED IN THE OFFICE OF 1TdE 3~WN Ci~RK. AND TZ-1AT NO APPEAL HAS BP.liSN ~~H' m G~RAt. t!-tiVS /OA, ~Eitill>aii >~ ~ ~~ ~~ TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 NOTICE PLEASE BE ADVISED: AS THE MEETING IS SCHEDIILED ON GOOD FRIDAY/PASSOVER, SHOIILD YOII HAVE RELIGIOIIS CONSTRAINTS PROHIBITING ATTENDANCE, PLEASE CALL THE OFFICE ASAP AND EVERY EFFORT WILL BE MADE TO ACCOMMODATE YOII A Public Hearing of the NANTUCKET BOARD OF APPEALS will be held at 1:00 P.M., FRIDAY, APRIL 10, 1998, in the CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 WASHINGTON STREET, Nantucket, Massachusetts, on the Application of the following: PHYLLIS G. MAYHEW BOARD OF APPEALS FILE N0. 041-98 Applicant is seeking a MODIFICATION of a SPECIAL PERMIT granted in a Board of Appeals Decision in File No. 013-92 and modified in 027-94. In. addition or in the alternative, Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-9B(2)(b) (storage and warehousing) to complete the project as planned. Applicant proposes to convert an existing structure from use as a single-family dwelling to use for storage and warehousing space. An addition of 260+ square feet is also planned for the southerly side of the structure. Applicant also proposes to eliminate uses that were granted in File No. 013-92 under Nantucvket Zoning By-Law §139-9B(2)(g) and (1), pertaining to outdoor storage, repair, washing and other servicing of motor vehicles and rental of motor vehicles on the property. The new storage and warehousing use would be ancillary to Applicant's "Nantucket Rent All" business located proximate the subject property at 135 Old South Road and would be limited to employee access only and not for customers. The Premises is located at 8 DAISY WAY, Assessor's Map 69, Parcel 49, Land Court Plan 14,342-M, Lot 37. The property is zoned Residential-Commercial-2. Dale W. Waine, Chairman THIS NOTICE IS AVAILABLE IN LARGE PRINT OR (CaTHCR ALTERNATIVE. FORMATS. FOR _ ASS~ISTANC;E ;ALL _ __ __ BoA Form 1-89 NANTTOWNTANDNCOUNTOYADUILDINpPEALf3 DatP NANTUCKET, MA 02554 ~ CASE No. -~ - APPLICATION FOR RELIEF O~mer's name(s) Phyllis G Mayhew _ -- - Mailing address: 145 Old South Road Nantucket MA 02554 Applicant's name: same Mailing address: same ~, Location of lot: Assessor's map and parcel number 69_- 49 i F. Street address: 8 Dais Wa • Land Court Registry Land Ct Plan, Plan Bk & Pg or Plan File ly_,'~47-M Lot~_ Datello ~ acquired: ~~87 Deed Ref 13 ,28 .Zoning district SRC-2 Uses~on~lot - commercial: None _ or Storage ahouse fa~iiit~es MCD?]~_ - _ ~ - number of: dwellings- duplex- apartments 1 `rental rooms__ ~ ~ ,. Building date(s): all pre-8/72? or - C of:O?_ BP418194-~2,BP1i11180-94 ~T Building Permit appl'n. Nos. unlFl/QOR_Q7 gp1i15058-97 '' ~ ' 031-8A for Lot,D-1, Plan L~+,342-C Case~Nos. all BoA applications, lawsuits: 013/92 and 027`-94 _ State fully all zoni~q relief sought and respective Code sections and subsections, specifically what you propose compared to present and What grounds youlurge for BoA to make each finding per Section 139-~2A~ if Variance, 139-30A x if a Special Permit (and .139-33A if to alter or extend a noncon~o~ming use). If appeal 'per 139-3~A & B ~ ~ attach decision or order ippealed.:QK to a tack addendum . ,. ;, I See dale 'dum attached hereto ~ ~J ,i :.I i I p, i. t it ~ ~ A I± 1. ~, i I~ it ~ ~ ~' C~ ', ~~ 1, N ~' ~ ;~ ~ .•I. 1 ,~, ~ i' ~ ;., ~. - ,., II ~, ;~~ j Items enclosed as part of this Application: orderl ~ addendum2 Locus map X Site plan x showing presentX `+planned x structures Floor plans present proposed_ielevations (HDC approved? ) Listings lot area g frontage X setbacks x•GCR X ~,~parking data Assessor-certifie3 addressee Tist 4 sets x ma~ling~labels 2'sets~ $200 fee payable to Town of Nantucket proof 'cap' covenant 1(If an appeal, ask Town Clerk to senT B1dg;Comr s record to~BoA.) ~• s n I certify that the requested informatign submitted is substantially complete and true to the best of my, knowledge, underithe pains and penalties of perjury. I ~ ! r SIGNATURE: .Applicant. _ Attorney/agent Yes 3(If not o ner or owner's attorney, enclose proof of authority) ~./ ; ;I FOR BoA OFFICE USE ' J____/''LJ ~-" y--~~~1~ Application copies ree d: 4~or_ for BoA o b One copy filed with Town Clerk on~~/~Ybry_J~i~I~J pcomplete?_ ~! One copy each to Planning Bd and Building Uept~,1~ p by- $200 fee check given own Treasurer on_ ,~~~~ by waived?--~~=CEIVED g p d~~?~~ ~~~~ 3 ~/.~~/~ S' ..~_=_RK'S OFFICE Hearin notice oste mailed I & M '''' Y MA 02554 Hearin s on cont'd to ~ withdrawn? t r°°~ ` g,( ) ~~-, ~-/_ ~~_ .-/~_ ~,.::., ~ 4 1998 Decision due by_/_/_ made_/~_~ filed TC~~~ mailed~_/_ ~ _ _~- ~' See;rel'ated cases lawsuits _ other _ ~~''~ `'~ I i ~ 'r' p' ~ '_ ADDENDUM Applicant is seeking a modification of Special Permit No. 013-92 and 027- 94 and or special Permit relief pursuant to Section 139-9B(2) (b) to convert an existing single family dwelling to storage and warehouse space. The Applicant propose to expand the building by 2~s.f. of ground cover. Applicant proposed to eliminate any uses under Section 139- 9B (2) (g) and 139-9 B (2) (1) for the outdoor storage, repair, washing and other servicing of motor vehicles and rental of motor vehicles on the property. The warehousing and storage will be ancillary to Applicants "Rental" business at 135 Old South Road and will be limited to employee access and not for direct customer service. See attached sheet for parking data. The Board can find that the proposed changes to the uses and structures on the property will not be substantially more detrimental to the neighborhood than the existing uses. The property is located at 8 Daisy Way, Assessors Map 69, Parcel 49, shown as Lot 37 on Land Court Plan 14342-M. The property is zoned Residential Commercial - 2. 1~, 2-89 BoA Form NANTUCKET ZONING BOA_jtD OF APPEALS TOWN.AND COUNTY BUILDING NANTUCKET, MA 02554 ASSESSORS LIST OF P_A~~tTIES IN T_NTEREST PROPERTY OWNER : P ~ ~{ I ~ 1 S ~ ~ ~~'~~ ' APPLICANT FOR RELIEF (SAME? ) c.~~~ ~ ~~. ~~ ADDRESS OF PROPERTY: ~ ~C.('1S~ ~~ ASSESSORS MAP & P_=LRCEL: ~~ - -1~ LIST OF PARTIES INCLUDING ADDRESSES*(OR SEE ATTACHED- I certify that the foregoing (or the attached-) lists all persons natural or legal, who are owners of abutting property owners of land directly opposite cn any public or private street or way%handthpeethund~edtfeet~oftthe and all other land owners wit property line of Owner's property, as they ( and their address) appear on the *rost recent applicable tax list {per M.G.L. c. 40A, Section 11 Zoning Code Chapter 139, Section 139-29D (2)}• ~ ~ ~ d~ Date P.ssessors Office Town of Nantuckz~ *NOTE: Applicant (petitioner) should include with tr~z lot for which zoning relief is sought, any com-~only-owned abutting lots which might beco:~e involved ire thz zoning matter. List rap and parcels for each abort°r• 02/24/98 T06'N OF NANTUCKET 09:15:13 OWNER'S MAILING ADDRESS LIST Map Block Lot Owner's/Co-Owner's NaTe Mailing Address /City State Zip Prope rty Location 0069 0050 HESS WALTER R TR PO 80X 359 0137 OLD SOUTH RD SHERBURNE ASSOCIATES R T NANTUCKET MA 02554 0069 00193 POWELL KENT A & DENISE G 674 MISTIC DR 0128 OLD SOUTH RD MARSTONS MILLS MA 02648 0069 0014 KASCHULUK JEFFREY TR PO 80X 2890 0130 OLD SOUTH RD NANTICUT REALTY TRUST NANTUCKE7 MA G2584 0069 0037 *WELCH WOOD REALTY TRUST INC PO BOX 759 0132 OLD SOUTH RD VINEYARG HAVEN MA 02568 0078 0001 *NANTUCKET TOWN OF 16 BROAD ST X030 MACYS LN NANTUCKET AIRPORT NANTUCKET MA 02554 0068 0240 NANTUCKET AIRPORT COMMISSION 0016 BROAD ST 0000 OLD SOUTH RD TOWN OF NANTUCKET NANTUCKET MA 02554 0068 00469 NANTUCKET AIRPORT COMMISSION 16 BROAD ST 0009 DAISY WY TOWN OF NANTUCKET NANTUCKET MA 02554 0068 00468 NANTUCKET AIRPORT COMMISSION 16 6ROAD ST 0007 DAISY WY TOWN Of NANTUCKET NANTUCKET MA 02554 0068 00467 NANTUCKET AIRPORT COMMISSION 16 BROAD ST 0005 DAISY WY TOWN OF NANTUCKET WANTUCKET MA 02554 0068 0241 BROCK ALBERT G & CHASE ELIZABE PO BOX 1500 0006 DAISY WY NANTUCKET MA 02554 0068 00462 KILVERT EMILY H TRUSTEE PO 80X 1391 0127 OLD SOUTH RD ACK STORAG"c REALTY TRUST NANTUCKET MA 02554-1391 0068 00463 REID TARA L TRUSTED 11 CORREIA LANE 0129 OLD SOUTH RD 129 REALTY TRUST NANTUCKET MA 02554 0068 00466 MAYHEW PHYLLIS G 0135 OLD SOUTH RJ 0135 OLD SOUTH RD NANTUCKET MA 02554 0068 0300 PARKER KENNETH I 0060 UNION ST 133A OLD SOUTH RD NANTUCKET MA 02554 0068 0301 PARKER KENNETH I 0060 UNION ST 1336 OLD SOUTH RD NANTUCKET MA 02554 0068 0302 PARKER KENNETH I 0060 UNION ST 133C OLD SOUTH RD NANTUCKET MA 02554 0068 0303 PARKER KENNETH I 0060 UNION ST i33D OLD SOUTH RD NANTUCKET MA 02554 0068 0304 PARKER KENNETH I C060 UNION ST 133E OLD SOUTH RD NANTUCKET MA 02554 C068 0305 *ANGELASTRO MICHAEL F & JOANNE "r0 BOX 1124 133E OLD SOUTH RD NANTUCKET MA 02554 0068 0306 PARKER KENNETH I 0060 UNION ST 133G OLD SOUTH RD NANTUCKET MA 02554 0068 0307 KELLEHER ROBERT J & MARY A 0014 WILSON FARM RD 133H OLD SOUTH RD WESTFORD MA 01886 PAGE 1 MUAS750 8.5 NUMBER OF RECORDS = 21 L ~i -~ [1 lY ~, ~. ~ ~i u II ~, 1 ~) I11 ~~) v ~~ ~ nnn N Z (~ ~~ ~/~ rC-.L~ __ _.. / W ~~ Q U H m Z T _~ (L U U _~ u f- ~n (Y w n IL ---- -- -- -- - - - - -- - _- v' _ - - -- '~/ ~' ~ , ' ~ a- ~ a P' o r- ~, z J ~~ J LL-. 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