HomeMy WebLinkAbout003-12 10 Polpis RoadDon Allen Auto Service Inc.Print Form
TOWN OF NANTUCKET
• • • , OF APPEALS
NANTUCKET, 1 '
APPLICATION
Fee: $300.00
Owner's name(s):Don Allen Auto Service, Inc.
File No. p3 d ik
Mailing address: 24 Polpis Road, Nantucket, MA 02554
Phone Number: (508) 228 -0134 E- Mail:billjr2 @comcast.net
Applicant's name(s):Don Allen Auto Service, Inc.
Mailing Address: 24 Polpis Road, Nantucket, MA 02554
Phone Number: (508) 228 -0134 E- Mail:billjr2 @comcast.net
Locus Address: 10 Polpis Road Assessor's Map /Parce1:54 -124
Land Court Plan /Plan Book & Page /Plan File No.:10937 -B
Deed Reference/ Certificate of Tide: COT 18,875 Zoning DistrictvR
Uses on Lot- Commercial: None Yes (describe) auto inspection & detailing
Residential: Number of dwellings Duplex Apartments
Date of Structure(s): all pre -date 7/72 X or
Building Permit Numbers:
Previous Zoning Board Application Numbers: 10 5 - 0 6
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:
See attached.
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*
SIGNATURE: z c �- ' -- ---- Applicant /Attorney /Agent*
*If an Agent is representing 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:_ /_ /_ 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
Applicant is requesting a Modification of the Special Permit in Decision No. 105 -06
pursuant to Nantucket Zoning Bylaw Section 139 -30 (Special Permits) to allow motor
vehicle sales, rentals and repairs and for parking ancillary to that use. The island's only
vehicle inspection station will remain on the premises, and a portion of the inside of the
building will continue to be used to wash and detail vehicles. The interior of the building
will be retrofitted to allow for a showroom; however, there will be no additional ground
cover.
The present ground cover is 23.8% in a zoning district that allows 10 %. According to the
records in the Building Department, the existing structure is in the same configuration as
it was prior to the enactment of zoning. The front and rear setbacks are in compliance,
and the side yard setback is 13.8 feet from the easterly lot line in a zoning district that
requires a 15 foot setback. However, all setbacks were in compliance with LUG -1
zoning requirements prior to the change to the VR district.
This property 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. Since that time, the property has been used for parking vehicles and washing
and detailing vehicles inside the building. In 2006, the island's only vehicle inspection
station has been located on the premises.
54 -228 54 -226
54 -229 N/F N/F
N/F NIGHREL J. 8 MARTHA G RILEY EDVARD 8 VIGKIE R. A---
THOMAS F. RYD£R,
CHATHAM ROAD
1) CB
N 53'53'05" E 100.00' FIND.
II I µ
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PARKING
�w LOTS 12 & 17
4 AREA = 20,000 S.F.
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II z z COMMERCIAL BUILD /NG n w
/ G,COV.= 4,750tS.F� a
I(SEE SPECIAL PERMIT
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L.C.DOC.1118936) / n
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DENOTES DOES NOT COMPLY WRH CURRENT
ZONING REQUIREMENTS.
PARKING
AREA
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THE CURRENT CERTIFICATE OF TITLE DOES NOT
tt I H-
DOCUMENTS LIST ISES
R GARB G LAYOUTS AND %OR WIDEN NGS OF
POLPIS ROAD.
LINE OF POLPIS RD. PLOTTED FROM MASS. DPW
LAYOUT RECORDED AT PLBK.I5,PG.48.
S 53'53'05" W
100.00'
--�� —N 5353'05" E 200.00'
\
FNDH
OVERLAY DISTRICTS:
PUBLIC WELLHEAD; HARBOR WATERSHED
/ROAD
PROTECTION POLPIS
AS BU14 T PLOT PLAN
: m
#10 POLPIS ROAD
CURRENT ZONING: V -R
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MNIMUM LOT SIZE: 20,000 S.F.
�
MASSACHU
NANTUCKE SETTS
T,
MNIMUM FRONTAGE: 100 FT.
I
FRONTYARD SETBACK: 30 FT.
DATE.•NOV. 8, 2011
SIDE AND REAR SETBACK: 15 FT.
DEED REF£RENCE.CERT.{78875
ALLOWABLE G.C.R.: 10%
PLAN REFERENCB•L.C.PL#)0937 - -B
EXISTING G.C.R.: 23.8% f
ASSESSORS REFERENCE:
OPEN SPACE PROVIDED: 27% t
MAP: 54 PARCEL: 124
OPEN SPACE REQUIRED: 20%
PREPARED FOR.,
DON ALLEN AUTO SERVICE INC.
FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN
RELIES ON CURRENT DEEDS AND PLANS OF RECORD,
MHB
EARLE & SULLIVAN, /NC
VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON.
FND,
PROF£SSILWAL LAND SURVEYORS
THIS PLAN IS NOT REPRESENTED TO BE A TITLE (G—Ite
EP /LP) -)`!
/
6 YOUNGS WAY
EXAMINATION OR A RECORDABLE SURVEY.
/C. _ .Lll/i1
NAN1UCKET, MA. 02554
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No- 18 11 11:47a
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RECEIVED
BOARD OF ASSESSORS
NOV 18 2011
Town of Nantucket TOWN OF
NANTUCKET, MA
7'onine Board of Appeals
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
PROPERTY OWNER.. Don Alen Auto Service, Inc.
MAILING ADDRESS., 24 Fofpis Road, Nantucket, MA02554
PROPERTY LOCATION..: ?o Potpis Road Nantucket. MA 02554
ASSESSOR MAP!PARCEL..s4.....................
SUBMIT' ITD BY.. Rhoda H. Weinman, A.ttomey
SEE ATTACHED PAGES
I certify that the foregoing is a list of all 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 304 feet of the
property Iine of owner's property, as they appear on the most reocrt applicable tax
list (M.G.L, c., 40A, Section iI 1 and Zoninb Code Chapter 40A, Section 139-29B
(2).
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DAT : SSESSOR'S OF' CE
TOWN OF NANTUCKET
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Nantucket zoning Board of Appeals
Mullin Rule Certification (GL c. 39 Sec. 23D)
Pursuant to G.L. c. 39, 5 23D, the undersigned member of a board, committee or commission of the Town
of Nantucket hereby certifies that he or she has examined all of the evidence received by the said board,
committee�r commission at the one session of its adjudicatory hearing on the matter identified below which
the undev�med member failed to attend, and that such evidence included an audio or video recording of the
missed session or a transcript thereof. This Certification has been executed prior to the undersigned's
participat�g in a vote on the matter and shall be part of the record of the hearing.
N
L
Member Name: ,, a
Board, Committee or Commission: ?—Qn1 Q
Subject Matter of Hearing: ��r l Dco Ak Uz,-t) A,) o (_Q_ I(a c PW j2CL
Date of Missed Session: Ih \x -562 � Zc' j l
Signed under the pains and penalties of perjury thisU day of �> 20 IZ
ignature
2 FairgrWnds Road -Nantucket, NJA 02554
508.228.7'315 teliep one • 908,228.7298 fiacsiutile
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- TOWN OF NANTUCKEX .71) rn
BOARD OF APPEAL
NANTUCKET, MASSACHUSET'A'S2554
Date: April 13, 2012
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 003-12
Owner/Applicant: DON ALLEN AUTO SERVICE, INC.
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 .
47/ S_ 3g6)
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 54, Parcel 124 Plan File No. 10937-B
10 Polpis Road Certificate of Title No. 18, 875
Village Residential
DECISION:
1 . At a public hearing of the Nantucket Zoning Board of
Appeals, on Thursday, February 9, 2012 and Thursday, March 8,
2012, at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board
made the following decision on the application of DON ALLEN AUTO
SERVICE, INC. , of 24 Polpis Road, Nantucket, MA 02554, File No.
003-12 :
2 . Applicant is requesting a Modification of the Special
Permit in Decision No. 105-06 pursuant to Nantucket Zoning Bylaw
Section 139-30 (Special Permits) in order to allow motor vehicle
sales, rentals and repairs, and for parking ancillary to that
use . The uses and building configuration are preexisting
nonconforming and have been in their present configuration since
1959 . The island' s only vehicle inspection station will remain
on the premises and a portion of the inside of the building will
continue to be used to wash and detail vehicles . The interior
of the building will be modified to allow for a showroom, but
there will be no increase in ground cover proposed. The
building is presently nonconforming as to ground cover, having a
ground cover ratio of 28 . 3% in a zoning district that allows for
a maximum ground cover ratio of 10%, and nonconforming as to
side yard setback, being sited as close as 13 . 8 feet from the
side yard lot line in a zoning district that requires a fifteen
(15) foot side yard setback. The setbacks were in compliance
with the Limited Use General - 1 zoning district prior to the
recent change to the Village Residential zoning district . The
Locus is situated at 10 Polpis Road, is shown on Nantucket Tax
Assessor' s Map 54 as Parcel 124, is shown on Plan File No.
10937-B, and title is registered as Certificate of Title No.
18, 875 in the Nantucket County Registry District of the Land
Court . The property is zoned Village Residential .
1
3 . Our decision is based upon the application and
accompanying materials, representations, and testimony received
at our public hearing. The Planning Board recommendation was
favorable. There were letters from abutters in opposition to
the original application because of the proposed motor vehicle
repairs and rentals . The Applicant withdrew this portion of the
request and those abutters in opposition retracted their letters
of opposition and most submitted letters of support .
4 . Attorney Rhoda H. Weinman, Bill Tornovish, and Erik
Evens represented the Applicant at the hearing. Attorney
Weinman explained to the Board that the Applicant is requesting
a Modification of the Special Permit in Decision No. 105-06
pursuant to Nantucket Bylaw Section 139-30 (Special Permits) to
allow motor vehicle sales, rentals and repairs, and for parking
ancillary to that use. Attorney Weinman further added that
Nantucket' s only vehicle inspection station will remain on the
premises and a portion of the inside of the building will
continue to be used to wash and detail vehicles . The interior
of the building will be retrofitted to allow for a showroom;
however, there will be no additional ground cover.
Presently, the building is preexisting nonconforming as to
ground cover having a ground cover ratio of 23 . 8% in a zoning
district that allows for a maximum ground cover ratio of 10% .
The front and rear yard setbacks comply with the Village
Residential zoning district, but the side yard setback is 13 . 8
feet from the easterly lot line in a zoning district that
requires a 15 foot setback.
This property 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. The Applicant leased the property in
1995 and purchased it in 1999 . Since the purchase, the property
has been used for parking vehicles and washing and detailing
vehicles inside the building.
Attorney Weinman addressed the letters from abutters and
explained that while these letters were initially in opposition
to the proposed work, the Applicant proactively discussed the
matter with the abutters and agreed to remove the
rental/servicing of cars from the facility. Accordingly, the
abutters have retracted their letters in opposition and are now
supportive of the modification.
2
5 . At the February 9th hearing, the Board had suggestions
regarding the flow of traffic entering and exiting the structure
and asked to see a parking plan.
6. At the March 8th hearing, Attorney Weinman brought
various parking configuration plans for the Board to consider.
The Board, after reviewing the plans, considered the proposed
configuration of the thirteen ( 13) spaces, with three (3) of
these thirteen (13) located inside the building, and the
proximity of these spaces to the access to Polpis Road.
7 . Accordingly, by a UNANIMOUS vote of the sitting Board,
the Board of Appeals made the finding that such a modification
in order to alter the preexisting nonconforming use to allow the
Locus to be used for motor vehicle sales and parking ancillary
to that use would not increase the nonconforming nature of the
use and would not be any more detrimental to the neighborhood
than the existing nonconformity and would be in harmony with the
general purpose and intent of the Zoning Bylaw with the
following conditions :
a. That the parking shall be configured as shown on
the site plan labeled, "Proposed Site Plan, #10
Polpis Road in Nantucket, Massachusetts, " dated
February 13, 2012, prepared by Earle & Sullivan,
Inc. , attached hereto as "Exhibit A";
b. That there shall be green space and screening, as
shown on the Attached "Exhibit A", in the Southwest
corner of the Locus; and,
c. That there shall be a fence along the portion of the
Locus that abuts Chatham Road as shown on the
attached "Exhibit A. "
SIGNATURE PAGE TO FOLLOW
3
/
Acl -
Dat ed: , 2012
E• and '. T ole
0
Mic.-el . Mara
Kerr Ki
Lisa B ic!'
JW * I
4 Alr/--
Sus McCarthy
COMMONWEALTH OF MASSACHUSETTS 41'1 Nantucket, ss. l L ,2012
On this 1) day of �`�l ,2012,before me,the undersigned Notary Public,personally appeared
W~ )t ,who is personally known to me,and who is he person whose
name is signed on the preceding or attached document,and who acknowledged to me that hey signed it
voluntarily for its stated purpose.
Notary .. �c: ��n ► .OP
My commission expires: 1011 hl y Aoriiumnn,
' k� ply $
4
"CAf'1,i 4
54-229 54-228 54-226
N/F N/F N/F
THOMAS F. RYDER, TR. MICHAEL J. & MARTHA C. RILEY EDVARD & VICKIE R. AKELMAN
CHATHAM ROAD
�- N 53'53'05" E 100.00' r',w�
ITICK BRUSH li }__ •' T
ice:■�-■-_. 8
7 I
I
■ 6 1 9 LOTS 12 & 17
24' AREA20,000 SF.
/
5 *
I 13.8'±
z
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4
� 9'x20' Typical 1-"
0 1 3 ct I c./) PROPOSED
'/�j 1 10 o PARKING CALCULATIONS TABLE
vs 7i/// - 0 �i
g a at 1 PROPOSED SHOWROOM: 1688 SF/200=8 SPACES
# ` 4 INSPECTION & CLEANING: 3044 SF.
11 m 1. BATHROOM 67 SF.
I I
Tardc'r nc r 3111/900=3 SPACES
20' T no POLPIS D ,� �k , N EMPLOYEES: 3/4(Peak) = 1 SPACE
c 1 wax R 11.2'± NI tti
R --D+ 1S.F ? r\ TOTAL SPACES REQUIRED: 12
IL ¢tzl C z z - (S�RO:ORDED AS PERMIT C n'1 W TOTAL SPACES PROVIDED: 13
a?V m m t aax./118936) y a
h I,a o o f 12 , a b
N D m A _ DPW= C)
. z z ; * DENOTES DOES NOT COMPLY WITH CURRENT en z m
ZONING REQUIREMENTS.
2 m () n o -1 r O O 6 z z ,
m &Z '..' U N
In
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5 Z Typical 1 S
N z , a''' 1 13 9' THE CURRENT CERTIFICATE OF TITLE DOES NOT
t UST ANY DOCUMENTS AFFECTING THE PREMISES
L---J� 13 I REGARDING LAYOUTS AND/OR WIDENINGS OF
A POLPIS ROAD.
\ 1 24' l a 21 » i\
I
PROPOSED t � ` LINE OF POLPIS RD. PLOTTED FROM MASS. DPW
M SCREENIN� ■11 LAYOUT RECORDED AT PLBK.15,PG.48.
1. . . . 24'
S 53'53'05" W 100.00' \ 41."1HCB
I \ N 53'53'05' E 200.00' FND'
I ROAD
��,,AA
OVERLAY DISTRICTS: EXHIBIT A
PUBLIC WELLHEAD; HARBOR WATERSHED RENSED 03/08/12
PROTECTION PROPOSED SITE PLAN
CURRENT ZONING: V—R /10 POLPIS ROAD
MINIMUM LOT SIZE: 20,000 S.F. IN
MINIMUM FRONTAGE: 100 FT. NANTUCKET, MASSACHUSETTS
FRONTYARD SETBACK: 30 FT. SCALE 1"=40'I DATE:FEB. 13, 2012
SIDE AND REAR SETBACK: 15 FT.
ALLOWABLE G.C.R.: 10% DEED REFERENCE:CERT./7 8875
EXISTING G.C.R.: 23.8% ± PLAN REFERENCE:L.C.PL./10937--8
ASSESSOR'S REFERENCE:
OPEN SPACE PROVIDED: 27% ±(EXISTING) MAP: 54 PARCEL: 124
OPEN SPACE PROVIDED: 23.7% ±(PROPOSED)
OPEN SPACE REQUIRED: 20% PREPARED FOR:
FOR PROPERTY UNE DETERMINATION THIS PLOT PLAN DON ALLEN AUTO SERVICE INC.
REUES ON CURRENT DEEDS AND PLANS OF RECORD,
VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON. EARLE& SULLIVAN, INC
�� PRCKE55/ANAL LAND SURPEMORS
EXAMINATION PLAN IS NOT REPRESENTED U BE A TITLE 7 / C: -— 6 YOUNGS WAY
EXAMINATION OR A RECORDABLE SURVEY. (�/
NAN7UpCET, MA. 02554
508-332-4808 ES-244