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Home My WebLink About046-11 Nancyn LLCPrin; Form ~ja TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 SUN 2 3 2011 APPLICATION Fee: $300.00 Owner's names}:NANCYN LLC File No. b ~~' ~ i Mailing address: PO BOX. 1464, NANTUCKET, MA 02554 Phone Number: 5 0 8 - 517 - 8 741 E_nq~; grand9 7Qcomc as t . com Applicant's names}: KENNETH R. TURGEON, CONTRACT PURCHASER Mailing Address: PO BOX 3122, NANTUCKET, MA 02584 Phone Number: 5os-325-1722 Locus Address: 4 SALROS ROAD E-Mail: kennethturgeon~hotmai 1. Assessor's Map/Parcel: 66/20.4 Land Court Plan/Plan Book & Page/Plan File No.:_ LOT 3 PLBK 22 PG 63 Deed Reference/Certificate of Title: 6s7/oo48 Zoning District RC-2 Uses on Lot- Commercial: None Yes (describe} LANDSCAPING/CONTRACTOR Residential: Number of dwellings o Duplex Aparnnents Date of St~-ucture(s}: all pre-date 7/72 or Building Permit Numbers: 2001 Previous Zoning Board Application Numbers: 0 0 8 - 01 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile State below or attach a separate addendum of specific special permits or variance relief applying for: ~ ,'""" I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: Owner* SIGNATU ~ Applicant Attorney/ gent* *If an Agent is repr eating the Owner or the Applicant, please provide a signed proof of agency. OFFICE USE ONLY Application received on:_ / / By: Complete: Need Copies: Filed with Town Clerk:_/_/_ Planning Board:_/J_ Building Dept.:_/~_ By:_ Fee deposited with Town Treasurer:_/_/_ By:_ Waiver requested: Granted:_/ / Hearing notice posted with Town Clerk:_/_/_ Mailed: /_/_ I&M / / &_/ /_ Hearing(s) held on:_/ / Opened on : /_/_ Continued to:_/_/_ Withdrawn:_/ /_ Decision Due By:_/ / Made/ / Filed w/Town Clerk: / / Mailed: / / 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile ADDENDUM Applicant (Turgeon) is seeking a Special Permit under Nantucket Zoning By-law Section 139-7 (Use Chart). The existing about 1584 square-foot commercial structure is divided into two equal but separate commercial spaces, currently one a contractor's shop and the other a landscaping enterprise. The landscaping business also maintains an exterior storage area of about 1657 square feet. The previous uses were allowed by a grant of Special Permit relief in Zoning Board of Appeals Decision No. 008-01 ("Decision"), in which relief was granted pursuant to former Zoning By-law Section 139-9B(2)(a), (b) and (c), (light manufacturing, storage and warehousing, including properly screened open storage of goods and materials, and fabrication and assembly of component parts for off-site construction or use, respectively). There is no outside storage of materials associated with the contractor's' shop, which also contains an office area on the second floor, whereas the landscaping portion contains a loft that is not used for any commercial purpose currently. There is no dwelling unit currently contained on the property. Should the ZBA determine that parking relief is necessary, a Special Permit pursuant to By-law Section 139-18 is sought. No such relief was necessary in the Decision as parking and loading zone requirements were met. In addition, to the extent necessary, Applicant is seeking Modification of the Decision to allow the storage of vehicles, as opposed to landscaping materials and the operation of the proposed taxi/livery service as defined in By-law Section 139-2 (Definitions) which reads as the following: TAXICAB BUSINESS A service that offers transportation utilizing three or more motor vehicles to persons, including those who are handicapped, in return for remuneration. [Added 4-8-2008 ATM by Art. 28, AG approval 8-18-2008 Applicant is the contract purchaser of the subject property and proposes to convert the landscaping portion of the structure, while maintaining the separately rented contractor's shop, to storage of about two vehicles inside and 8-10 vehicles outside, specifically the taxis and livery vehicles associated with his business known as All Points Taxi, Inc./Cranberry Transportation. There would be no change in the approved site plan other than the area that is marked as landscape storage on the site plan would now be used for vehicle storage. The two exterior parking spaces associated with the landscaping business would also be used for said vehicles. There would continue to be no heavy maintenance of the vehicles on the property and clients would not be coming to the lot for taxi/livery services. The lot is heavily vegetated around the perimeter as required in the previous Decision. There would be a decrease in the intensity of use as the drivers would arrive at the site, park their vehicles in the spaces that the taxi/livery vehicles occupy and leave the site for their shifts. In contrast, the landscaping business entailed several trips to and from the property by work vehicles with trailers as well as work on the property in the outside storage area. In addition, a majority of the livery service vehicles would be idle during the about six-month off season months. No change in the conditions in the previous Decision is being sought. Applicant states that the ZBA could make a finding that a grant of Special Permit relief under By-law Section 139-7 to allow the use of the property for ataxi/livery service, and a modification to alter the use as a landscaping business with exterior storage to that of a taxi/livery service and the vehicle storage, would be in harmony with the general purpose and intent of the Zoning By-law. The immediate neighborhood contains several commercial businesses, many benefitted by grants of Special Permit relief from the ZBA. A grant of the requested relief and modification in this instance would be in keeping with the surrounding commercial uses and have a more limited impact on the neighborhood than other commercial uses on the same street. Town of Nantucket Web GIS -Printable Map Town of Nantucket Web GIS Page 1 of 1 r, _ -.~ ---~`~ 35 66'3`52 O ~r~Q 65 34~' r I --._. '~6~_ s711o 67 ' 6 43 `~.gj 476 .,~1;~ ~ ~ t e7 a77 88 1 s6 92 ~ 66 412 ,--_ 1 ,. _ ~~~ 7 - - 3 ~, -- 841 66 414 415 - ~..- ._>_ _- _. - µ ~ ~~r.--- - _ ---_-- ~-..J zo I +~,,~ 1 __ --t ~__~~' BB 1 1~ ~ ; -.__ ~' 66 342 J r ~ lu i a' ' e 4 L c c 66 341 `'---~. _ - .. 399 _~_~ti~- U~83ft 1 67 425.3 - .4 _ z ` s7 azs.z .~_ ~ -- -- _ ` ~5.1 . P~~RY W , ry ~~ ~ 67 460 t.7-'~ ~ t ~ _ ~^ ~ ~8~ 97 46 8T 4 ` ~j z -~~~ 67 464 _ 87 ~ 87~ 14 6 3 1 -' 88 Z0. 6 615 7 O s7 107 1g Rp- -__. _ . f --- ~ 67 616 r-- - -.._...- -.-___ (- - _ -- i 86 - 1 - sza2 87 105 T'`• • . -~ `^~~ 7 617~~ r ss zz ss z ~'~j ("` __ NOBSK4 - ,-~_ _-- 66 25 - - 66 26 1 __ -- 67 100. 67 102 67.1 ~~ f Prop ID 66 20.4 Address 4 SALROS RD Owner NANCYN LLC PO BOx 1464 NOT A LEGAL DOCUMENT NANTUCKET, MA 2554 Sale Date 02/15/2001 For general reference only: Important Sale Price $275 000 caveats which must be considered when , using this data are available from the Book/Page 00687/0048 Nantucket GIS Coordinator. LOt SIZe 0.22 aCreS DiSClaimer The information displayed on this or any other map produced by The Town of Nantucket is for reference purposes only. The Town of Nantucket does not guarantee the accuracy of the data. Users are responsible for Town of Nantucket determining the suitability for individual needs. All information is from the Town of Nantucket , ^^~ ~'Mt$ Geographic Information System (GIS) database. 6~15/2~11 Copyright 2005 Town of Nantucket, MA. All rights reserved. Developed by AppGeo ~~ i .~ _--~ ! 3 ~'. , -• ~~ O http://host.appgeo.com/nantucketma/PrintableMap.aspx?Preserve=Width&MapWidth=864... 6/ 15/2011 Town of Nantucket Web GIS -Printable Map Prop ID 66 20.4 Address 4 SALROS RD Owner NANCYN LLC PO BOX 1464 NANTUCKET, MA 2554 Sale Date 02/15/2001 Sale Price $275,000 Book/Page 00687/0048 Lot Size 0.22 acres ;~~.a ~;~ ~~ 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. Afl information is from the Town of Nantucket Geographic Information System (GIS) database. Page 1 of 1 ~.~ ,. ~.~. ~~ 5. r 5 ~`__ ~ O Town of Nantucket, Massachusetts Map Composed 6/15/2011 Copyright 2005 Town of Nantucket, MA. All rights reserved. Developed by AppGeo http://host.appgeo.com/nantucketma/PrintableMap.aspx?Preserve=Width&MapWidth=864... 6/ 15/20 I 1 Town of Nantucket Web GIS Town of Nantucket Web GIS -Printable Map Town of Nantucket Web GIS Page 1 of 1 ~, A .. ~..... .f I r-~ a-~ •e ap K i~ s~. ~ ~x k` G ~' wr,, . _ ,~ 5~ r ~ ~~ ~ Fw .~ •; ~,m -~~~~ .. _s' .. ~ ., ~~ ` w cr .E y~ +~ SANS Rp r ~- ~ ~ ~' ~0 . ~ ~ ~~~ Prop ID 66 20.4 Address 4 SALROS RD Owner NANCYN LLC PO BOx 1464 NOT A LEGAL DOCUMENT NANTUCKET, MA 2554 Sale Date 02/15/2001 For general reference only: Important caveats which must be considered when Sale Price $275,000 using this data are available from the Book/Page 00687/0048 Nantucket GIS Coordinator. LOt SIZe 0.22 aCreS 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 Town of Nantucket, Massachusetts determining the suitability for individual needs. All information is from the Town of Nantucket Map Composed Geographic Information System (GIS) database. 6/15/2011 Copyright 2005 Town of Nantucket, MA. All rights reserved. Developed by AppGeo http://host.appgeo.com/nantucketma/PrintableMap.aspx?Preserve=Width&MapWidth=216... 6/ 15/2011 w ~ . w a ~ ~ ~ it ~ o Q a w v~ 4 N U w~(n 1 (f) O ~ } N a~~.~ W O~Q,n a ~ K U:,- ~ Yo . d O V7~.: ~ cr ~ ~~ °a .Opt ~ - .o ~ J ma - N .. V 1 3 3NOZ ' O o,. ~: ~ ~ Z' J JNIOVOZ ~^y/ ~ L.~ ~ ~ .: ---T-~-- s F . Q >. c~ v I c~ v,. ~. ' o o. a ~ `~ ~ o ~ z L Y w . . .~ a yw I .U~ ~ `w fi ~ ' ~ .. cwi ~ ,. o ~ Q I . Q..Q Q d.. a' it a ~ vi .. .. ~ ~. 4 N w _ a9d3~ . avaa~- J. ' } ' 4 . c. - ' ~ '. W . - ~ . .. ~ ems xo4 ~~ ~at Y~''bnnmz• •^"" w ''' a, i ~~ o ~ o z ~ G . A oa Wo o~ ~ z w ~ o ~' .a ~ a ip 3. qo Qom?. =o U U!- KS_W TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date : t~'~~l ~l ~ 20~( To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: D~~nJd) -/~ r Owner/Applicant: ~~~ ~G~YICQ QY1C'~ ~I~MQS ~'~/)~ Oc~ne rs 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. cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMT.T 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 ZONING BOARD OF APPEALS Y East ChestnutStreet Nantucket, Massachusetts fl2554 Assessor's Map G6 4 Salros Road Parcel 2fl.4 Plan Book 22, Page 63, Lot 3 R C-2 Deed Ref. 484/52 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., Friday, February 9, 2001, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of GREG RAND AND THOMAS WALSH, OWNERS, of P.O. Box 1464, Nantucket, MA 02554, (originally noticed with Kathleen A. buncombe, as owner) Board of Appeals File No. 008-01, the Board made the following Decision: 1. Applicants (Rand/Walsh) are seeking relief by SPECIAL PERMIT under Nantucket Zoning Bylaw Section 139-9B(2xa), (b) and (c) (light manufacturing; storage and warehousing, including properly screened open storage of goods and materials; and fabrication and assembly of component parts for off-site construction or use, respectively). Applicants propose to construct an about 1584 SF commercial structure on a vacant about 9817 SF lot. Applicants propose to operate Mr. Rands landscaping business from 112 of the new structure, with an outdoor storage area comprising about 1657 SF, and to operate Mr. Walsh`s construction business in the other half with no outdoor storage associated with his business. All dimensional requirements will be met and all parking and loading zone requirements will be complied with, as well as the green space requirements. The Premises is located at 4 SALROS ROAD, Assessor's Map 66, Parcels 20.4, Plan Book 22, Page 63, Lot 3. The property is zoned Residential Commercial-2. 2. The Decision is based upon the Application and materials submitted with it and the testimony and evidence presented at the hearings. The Planning Board made a favorable recommendation and stated that the proposed uses were compatible with the neighborhood. They added that if other items, such as piles of dirt, loam, gravel or bricks be stored outside, a board fence should be iz~alled. If the items were restricted to plants, trees, etc., then the proposed split-rail fence was adequate. There were no letters on file and no opposition presented at the hearing. 3. Applicants represented that they were purchasing a vacant lot in a commercial zone. The Locus was situated within a mixed commerciaUresidentialneighborhood, with several nearby lots having been benefited by a grant of relief from this Board for commercial uses. The Lot also is abutted to the rear by a previously approved dormitory. Applicants propose to operate their respective businesses from one (1) structure, each taking half of the space. Applicant are constructing an about 1584 SF commercial structure, that would contain ancillary storage space above part of the first floor, for a total interior commercial area of about 2376 SF. The landscaping business would also include about 1657 SF of outside storage of landscape related items, and would be surrounded by a fence The Locus would be screened on the westerly and easterly side and northerly rear yard lot lines by a densely planted and maintained vegetative screening comprised of cedar trees, with a minimum height of five (5) feet. All parking and loading zone requirements will be met, with four (4}conforming parking spaces provided on site, with three (3) being required. There is no dwelling unit included in this Application and none played at this time for the praperty. All dimensional zoning requirements would also be met. Applicants presented conditions for the grant of relief which the Board incorporated below. 4. Therefore, based upon the foregoing, the Board finds that the proposed commercial building that would contain a landscaping business, with ancillary outside storage, and a contractor's shop, with no outside storage associated with it, would be in harmony with the general purpose and intent ofthe Zoning Bylaw. The Board notes that the immediate neighborhood contains several mixed use buildmgs and the proposed uses would be in keeping with the area. The Board further finds that the uses would not be m violation of the provisions of Zoning Bylaw Section 139-7E(4), as it pertains to objectionable features detrimental to the community or neighborhood health, safety or welfare. 5. Accordingly, upon a unanimous vote, the Board GRANTS the requested relief by SPECIAL PERMIT under Nantucket Zoning Bylaw Section 139-9B(2xa), (b) and (c), to allow use of a proposed commercial structure as a landscaping business, with ancillary outside storage and as a contractor's shop, with no outside storage associated with it, upon the following conditions: a. Hours of operation of commercial activity on the Premises shall be limited to the hours between 7:00 AM to 6:00 PM, for work performed outside of the buildings and no work shall be performed outside of the buildings on Sundays; b. Any hazardous materials stored on site shall be handled in accordance with all applicable Federal, State and local regulations; a There shall be no major equipment maintenance on the Premises; d. The owner(s) shall plant and maintain dense vegetative screening around the perimeter of the property, cedar trees with a minimum height of five (5) feet on the westerly and easterly side yard and northerly rear yard lot lines, and a privet hedge along the property line on Sakos Road e. The shops shall be vented, and if necessary, air-conditioned, to allow use of the Premises in the summer for the operation of power equipment without opening the windows or doors; £ The project shall be constructed in substantial conformance with the site plan done by John J. Shugrue, Inc., dated January 8, 2001, marked as Exlu`bit A, with a reduced copy attached hereto. 6. The Board also approves the site plan done by John J. Shugrue, Inc., dated January 8, 2001, under the provisions of minor site plan review m Nantucket Zoning Bylaw Section 139-23. Dated: April ~, 2001 Waive Nancy.. Sevrens / c D. Ne Far r c ,'-r m ~ D ~ 2 ~ r ~ ~ L. 0 r a o m ci Do m y z c ~O d D C D d d ml•1 H /' C r I C n O fl °N E y 3 zc m m m I`m ~* O~L~~ '~ ~ ~ N.' N n s m Zl G VI b Aj D m Z r C a Z A O a IU -.ox prr~ C N Z Nf'IZ -1Z Rl rl -1 rI L S A ~ v l ~D D O O I £ ^ Cl V /1 r'I O D O DVp C Dr Z D - -aoi m r ciA ccie~ > m ~~ ~_ '^~ i~wy z oa ~~~ c ~Dz AN ~ A 2~ £ ZA D'• C Dr NOS m_ D '~ N e C-"i n b P N .. y m Z - C 2 A ~., . O r ~ .~ m... n Q D_.. :. T ~~ ~ ~ c~ ~ '~ ^ i ~_ a r1 a~ Z t7 ~'~1~~ r S12.04'S2'N 7 2' ~~'~ CEDAR CEDAR . . ~ . . I , • , . . D , r • . • . • • b ~ r• n ~ ~ O , ~ ' ~ .~ .+ Z ~~ I z I W G) m 3 r Z y N m _1_ 3, ( -- I -- a r r~ z LOADING ~~+ m ZONE A H z m N N D C o° A A ~:c~11p~ m ~ ~D~,~ D r ~ m S Q U 3 v .- ~~0~~ m m '~ A b 4 A 5 m ~ H -~ , m S ni m ~ (/1 I !n i m - D I D D A N m~ I m~ ul J ~ i N ~ ~~ I `i I ~ ava3~ ava3~ 3 N12'04'S1'E 78.55' j m 3 _!T: Z D ~ ~ n a N ~ _ -1 - n 0 v ~ ~ n ~ y 0 D UA Z Z 00 rApp .. C A ~ Fn D C ~ ° m m A n x v v Z Z Z D ~~ ~ f ~ ~~ m J O _ A f D ~ K N V U Ll D O A m~ D N ~ Ovi .O Gl .~ r O r x O V„ Z N~ Z 1p~ b d fD/1 D° m ~m+ A lm/1 VY O AA.2 ~3 ~ j N ~ ~ D ~ ~ ~ .C-. CA'~ZZ ~ ~ ~ r~i N m m 'i Op 'o t'1 AFDC= ~ A D y A ~II p O Z ~nvbvJJ~3 x] Z G1 A 1 ~ _ O ~ N N`I!'IO ~N ~O .a-. ~ A D v n~ -Zi O D ~ r N rt A A yD~bD]~~ ~w r7 i D' D ~ ~ UYN~U ~i1~ m = D ~ y ~i .1 'ey 1~~ 2S m n d in '~ m q A t Page 1 of 2 Linda Williams From: "Linda Williams" <czarinalinda@comcast.net> To: "Linda F. Williams" <czarinalinda@comcast.net> Sent: Thursday, June 16, 2011 8:11 PM Subject: Fw: 4 Salros Road From: Kate Gtidden [mailtoskate@gliddenandglidden.com] Sent: Wednesday, June 08, 2011 4:15 PM To: 'Michael J. Wilson' Subject: RE: 4 Salros Road Richard said yes. Kate Glidden Glidden & Glidden, P.C. 37 Centre Street P.O. Box 1079 Nantucket, MA 02554 508-228-0771 (p) 508-228-6205 (f) kate@gliddenandgldden,com office@gliddenandglidden.com From: Michael J. Wilson [mailto:mjw@mjwilsonlaw.com] Sent: Wednesday, June 08, 2011 3:53 PM To: Kate Glidden Subject: Re: 4 Salros Road Kate could you please verify that we may apply to ZBA to modify the special permit? we are aiming for the July meeting. thank you! On Jun 8, 2011, at 1:43 PM, Kate Glidden wrote: Our client is fine with ordering as-built from Teddy King and sharing the cost. Thanks Kate Glidden Glidden & Glidden, P.C. 37 Centre Street P.O. Box 1079 Nantucket, MA 02554 508-228-0771 (p) 508-228-6205 (f) kate@gliddenandgldden.com office@gliddenandglidden.com Michael J. Wilson 6/16/2011 Town of Nantucket Zoning Board of Appeals BOARD pF ENED ASSESSORS JUN 0 7 2011 NFMA LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER..........~~/~!.~.Y.~~j .....^''. ................. MAILING ADDRESS .......................... ................... .................. PROPERTY LOCATION.. ...i~:~J ..t. `~.~-%~.~ .............. . ASSESSOR MAP/PARCEL...........~Cl~..-...~~.`..1 ............................. SUBMITTED BY ........................................................................... 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TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 N Date: August 12, 2011 To: Parties in Interest and Others concerned with the Decis36n of The BOARD OF APPEALS in the Application of the following: Application No: Owner/Applicant: 046-11 NANCYN LLC AS OWNER AND FOR KENNETH R. TURGEON, CONTRACT PURCHASER Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed with 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 a complaint in Land 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. ~ ~ ~ ~ ~ S~ Edward S. Toole, Chairman cc: Town Clerk Planning Board Building Commissioner/Zoning Enforcement Officer PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING BY-LAW SECTION 139-30 (SPECIAL PERMITS); SECTION 139-32 (VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICE AT 508-228-7215. NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 66 4 Salros Road Parce120.4 Plan Book 22, Page 63, Lot 3 RC-2 Deed Book 687, Page 48 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., Thursday, July 14, 2011, in the Meeting Room, Nantucket Police Station, 4 Fairgrounds Road, Nantucket, Massachusetts, on the Application of NANCYN LLC, OWNER AND FOR KENNETH R. TURGEON, CONTRACT PURCHASER, of PO Box 1464, Nantucket, MA 02554, and PO Box 3122, Nantucket, MA 02584 respectively. Board of Appeals File No. 046- Ol l,the Board made the following Decision: 1. Applicant (Turgeon) is seeking a SPECIAL PERMIT under Nantucket Zoning By-law Section 139-7 (Use Chart). The existing about 1584 square-foot commercial structure is divided into two equal but separate commercial spaces, one of which is currently a contractor's shop and the other a landscaping enterprise. The landscaping business also maintains an exterior storage area of about 1657 square feet. The previous uses were allowed by a grant of Special Permit relief in Zoning Board of Appeals Decision No. 008-01 ("Decision"), in which relief was granted pursuant to former Zoning By-law Section 139-9B(2)(a), (b) and (c), (light manufacturing, storage and warehousing, including properly screened open storage of goods and materials, and fabrication and assembly of component parts for off-site construction or use, respectively). There is no outside storage of materials associated with the contractor's shop, which also contains an office area on the second floor, whereas the landscaping portion contains a loft that is currently not used for any commercial purpose. There is no dwelling unit currently contained on the property. Should the ZBA determine that parking relief is necessary, a SPECIAL PERMIT pursuant to By-law Section 139-18 is sought. No such relief was necessary in the Decision as parking and loading zone requirements were met. In addition, to the extent necessary, Applicant is seeking MODIFICATION of the Decision to allow the storage of vehicles, as opposed to landscaping materials and the operation of the proposed taxi/livery service as defined in By-law Section 139-2 (Definitions) which reads as the following: TAXICAB BUSINESS A service that offers transportation utilizing three or more motor vehicles to persons, including those who are handicapped, in return for remuneration. [Added 4-8-2008 ATM by Art. 28, AG approval 8-18-2008] The Locus and structure conform to all dimensional requirements of the Zoning By-law. The Premises is located at 4 SALROS ROAD, Assessor's Map 66 Parce120.4, as shown as Lot 3, in Plan Book 22, Page 63, Deed Reference Book 687, Page 48. The property is zoned Residential Commercial-2. 2. The Decision is based upon the Application and materials submitted with it and testimony and evidence presented at the hearing. The Planning Board made no recommendation as the matter did not present any issues of planning concern. There were no letters on file in favor or opposed and no comment from the public. 3. Applicant (Turgeon) is the contract purchaser of the subject property and proposes to convert the landscaping portion of the structure, while maintaining the separately rented contractor's shop, to storage of about two vehicles inside and 8-10 vehicles outside, specifically the taxis and livery vehicles associated with his business known as All Points Taxi, Inc./Cranberry Transportation. There would be no change in the approved site plan other than the area that is marked as landscape storage on the site plan would now be used for vehicle storage. The two exterior parking spaces associated with the landscaping business would also be used for said vehicles. There would continue to be no heavy maintenance of the vehicles on the property and clients would not be coming to the lot for taxi/livery services. The lot is heavily vegetated around the perimeter as required in the previous Decision. There would be a decrease in the intensity of use as the drivers would arrive at the site, park their vehicles in the spaces that the taxi/livery vehicles occupy and leave the site for their shifts. In contrast, the landscaping business entailed several trips to and from the property by work vehicles with trailers as well as work on the property in the outside storage area. In addition, a majority of the livery service vehicles would be idle during the off-season or about six months. No change in the conditions in the previous Decision is being sought. 4. Therefore, based upon the foregoing, the Board finds that a grant of Special Permit relief under By-law Section 139-7 and 139-18 to the extent necessary to allow the use of the property for ataxi/livery service, with the storage of the vehicles on site, and a Modification to alter the use by eliminating the previously approved landscaping business with exterior storage to that of a taxi/livery service and vehicle storage, would be in harmony with the general purpose and intent of the Zoning By-law. The Board notes that the immediate neighborhood contains several commercial businesses, many benefitted by grants of similar Special Permit relief from the ZBA. Thus, a grant of the requested relief and modification in this instance would be in keeping with the surrounding commercial uses and have a more limited impact on the neighborhood than other commercial uses on the same street. The use for vehicle storage and operation of a livery/taxi service from the site would be less intensive than the landscaping business. The Board further notes that no change is being sought pursuant to this proposal to the contractor's shop portion of the property or the relief previously granted that allowed said use. 5. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested SPECIAL PERMIT relief pursuant to Nantucket Zoning By-law Section 139-7 and 139-18 to the extent necessary, and a MODIFICATION of the Decision in BOA File No. 008-01, to allow a portion of the premises to be used as a taxi/livery business with ancillary storage of the vehicles on site. As there is no change proposed to the previously approved site plan identified as Exhibit A, no site plan approval is necessary in this Decision. The conditions included in ZBA Decision 008- Ol are incorporated herein by reference. The current relief is granted subject to the additional following condition: a. There shall be no heavy maintenance of vehicles on the site. SIGNATURE PAGE TO FOLLOW ~J v.~ Dated: ~y ~ t , 2011 Mc Tdole Karim Tln '~ ~~ ichael Angelastro- COMMONWEALTH OF MASSACHUSETTS County of Nantucket, ss On this ~l day of ~~ A~ 2011, before me, the undersigned notary public, personally appeared 1r~~ C (a) ~ personally known to me, or (b) 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 he/she signed it voluntarily for its stated purpose. ~~~ {{ Official Si izre and Seal of Notary Public JI~ NlINHIllUrtr~i My commission expires: °l(ik(Zo ~~t ,,\\`~~~.~~.'~~~"~ ~CN.F,9g ~,~ r ~ "~ ~ ,, i' .. ~ v ~~: ~~ ~ ~~C '~ ~ cS •:'