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HomeMy WebLinkAbout002-13 41 Old South Road, SiltanenPrint Form RECEIVED 1p 2013 AN 3 FBI 1 41 NANTUCKET TOWN CLERK TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Fee: $300.00 File No. 00 -1 �) Owner's narne(s): ISLAND BUGGIES AUTO RENTAL, LLC Mailing address: 41 OLD SOUTH ROAD, NANTUCKET, NA 02554 Phone Nutnber:617 -803 -8948 E -Mail: Applicant's narne(s):wAYNE SILTANEN, OWNER Mailing Address: SAME Phone Number:SAME E -Mail: Locus Address: 41 OLD SOUTH ROAD Assessor's Map /Parcel:Gs /e Land Court Plan /Plan Book & Page /Plan File NO.:PLAN FILE 56 -A, LOT 6 Deed Reference /Certificate of Tide:669 -204 Zoning District RC -2 Uses on Lot- Conunerdal: None Yes (describe) AUTO RENTAL BUSINESS Residential: Number of dwellings Duplex Apartments 1 Date of StrucRUe(s): all pre-date 7/72 or 2004 Building Permit Numbers: Previous Zoning Board Application Numbers: 031 -04; 007 -04 2 Fakgmumda Road Nantucket Maeeachmsem 02554 508-228 -7215 hkphom 588-228.7298 &csivak State below or attach a separate addendum of specific special permits or variance relief applying for: M 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:C� Owner* SIGNATURE: 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—LL Planning Board:JJ_ Building Dept.-.—/—/— By:_ Fee deposited with Town TreasurenJJ_ 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notice posted with Town Clerk: -- Mailed I&M / / & / / Hearing(s) held on:_/ / Opened on:_/ /_ Continued to: / / Withdrawn- / / Decision Due By_/ / Made:-- % Filed w /Town Clerk: / / Mailed: / / 2 Fdrgwmds Road Nantucket Massaehsuem 02559 - %&228 -72I5 telephone 508.2287295 &cskdk ADDENDUM The property is benefitted by an original Decision that granted Special Permit relief under Zoning By -law Section 139 - 96(2)(1) for the rental of automobiles in BOA File No. 031 -04. A Modification of the Decision was granted in BOA File No. 007 -04 that should have been numbered 007 -05. A mixed use structure was constructed with the owner's single - family dwelling on the second floor and a commercial garage for the parking of three vehicles on the first floor with a small office space for the rental business. Applicant has operated the business for the past seven (7) years without incident. The site plan attached as Exhibit A to the Decision in BOA File No. 007 - 04(05) shows ten spaces for the rental vehicles, three customer spaces, two for the apartment and one for the office, though the decision limits the rental vehicles to eight antique cars. Applicant is now seeking to increase the number to a total of ten (30) rental vehicles and allow the addition of 4- wheel drive jeep /jeep type vehicles in place of some of the antique cars. All other conditions would remain in full force and effect. Applicant has found that customers never leave a vehicle in the "customer parking' spaces for any length of time shown on the plan as they are generally dropped off to pick up a rental vehicle or vehicles are delivered to the customer. A customer vehicle has never been left over night. The Applicant monitors parking on the site and does not allow customers to park outside of the lot area. There are security cameras monitoring the site and when the business is not in operation, the gate is left closed. Employees are the family members living in the apartment at this time. There have been no traffic complaints and those exiting the lot are told to take a right to follow the traffic pattern of Anchor Village. Applicant is asking the Board to find that the grant of the Modification to allow the rental of 4 -wheel drive vehicles in addition to antique vehicles, and allow an increase from eight (8) to ten (10) rental vehicles, would be in harmony with the general purpose and intent of the Zoning By -law. NSF boh°j (yam \ \ \/ \ \ / e• DAVID (e• N� ?Ty PARKING AREA �' L 6' WH m 40• W \PDR RENTAL V KXES S' NG FFNCE u � 6 \ )POSED :UCTURE T A -10403 SF S DRNEeAY AREA_ \ \ PROPOSED WDDOR ` ARKI SPADES (2 -4) APO 4 9X20 FES \ PROPOS \ R DRNEWAY $� ? PROPOSED HE O� g =P "O4 \ � o LOCUS 1 #41 OLD SOUTH ROAD DEED BOOK 904 PAGE 120 PLAN FILE 56 —A, LOT 6 10 �". f; -1 J 7 SO�r� yap e y, J ING AREA- 4?0� 393 SF 68 -9 N/F ALEXANDER RAY & DIANE DOWNING DRIVEWAY & UTILITY EASEMENT, DEED 721/220 / PLAN OF LAND IN NANTUCKET, MA Prepared For ISLAND BUGGIES AUTO— RENTAL, LLC 41 OLD SOUTH ROAD MAP 68 PARCEL 8 Scale: 1 " =20' Feb. 1, 2005 BLACKWELL and ASSOCIATES, Inc. Professional Land Surveyors 20 TEASDALE CIRCLE NANTUCKET, MASS. 02554 (508) 228 -9026 GRAPHIC SCALE 0• 10• 20• 40' 6 CURRENT ZONING CLASSIFICATION: ' Residential Commercial (RC -2) MINIMUM LOT SIZE: 5000 S.F. MINIMUM FRONTAGE: 40 FT. FRONT YARD SETBACK: 20 FT. REAR /SIDE SETBACK: 5 FT. GROUND COVER R : 50% � PROPOSED GREENSPACE =1,1843 SF, 21% 3 LOT AREA = 5,563± SIF END 3 -4'/ PROPOSED START 6' GREEN SPACE NSF boh°j (yam \ \ \/ \ \ / e• DAVID (e• N� ?Ty PARKING AREA �' L 6' WH m 40• W \PDR RENTAL V KXES S' NG FFNCE u � 6 \ )POSED :UCTURE T A -10403 SF S DRNEeAY AREA_ \ \ PROPOSED WDDOR ` ARKI SPADES (2 -4) APO 4 9X20 FES \ PROPOS \ R DRNEWAY $� ? PROPOSED HE O� g =P "O4 \ � o LOCUS 1 #41 OLD SOUTH ROAD DEED BOOK 904 PAGE 120 PLAN FILE 56 —A, LOT 6 10 �". f; -1 J 7 SO�r� yap e y, J ING AREA- 4?0� 393 SF 68 -9 N/F ALEXANDER RAY & DIANE DOWNING DRIVEWAY & UTILITY EASEMENT, DEED 721/220 / PLAN OF LAND IN NANTUCKET, MA Prepared For ISLAND BUGGIES AUTO— RENTAL, LLC 41 OLD SOUTH ROAD MAP 68 PARCEL 8 Scale: 1 " =20' Feb. 1, 2005 BLACKWELL and ASSOCIATES, Inc. Professional Land Surveyors 20 TEASDALE CIRCLE NANTUCKET, MASS. 02554 (508) 228 -9026 GRAPHIC SCALE 0• 10• 20• 40' 6 cry TOWN OF NANTUCKET BOARD OF APPEALS ~ yC�'QPopptE� +� NANTUCKET, MASSACHUSETTS 02554 Date: crone �(B , 20041 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 03 /:-o y 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. - TIA 6 1 N ( I A y '�;7' FP/13 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 -30I (SPECIAL PERMITS); §139 -321 (VARIANCES) ANY QUESTIONS, PLEASE CALL TqE NANTUCKET ZONING BOARD OF APPEALS. NANTOCZBT ZONING BOARD OF APPBALS 1 Bast Chestnut Street Nantucket, Massachusetts 02554 Assessor's Map 68, Parcel 41 Old South Road Residential Commercial -2 DECISION• Plan File 56 -A Lot 6 Deed, Book 669, Page 204 1. At a public hearing of the Nantucket Zoning Board of Appeals, which commenced on Friday, May 14, 2004, at 1:00 P.M., and was continued to and concluded upon Friday, June 11, 2004, at 1:00 P.M., in the Conference Room, in the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, the Board made the following decision on the application of ELIZABETH C. PARDI, as Owner, and NANTUCKET BUGGIES, LLC, as Contract Purchaser, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 031 -04: 2. The Applicant (Contract Purchaser) is seeking a SPECIAL PERMIT under Nantucket Zoning By -law §139- 9.3(2)(1), to authorize the use of the Locus for the rental of automobiles. A new office structure, conforming to applicable zoning requirements, would be constructed upon the Locus for this use. All dimensional and parking requirements of the By -law would be met. The Locus is situated at 41 Old South Road, Assessor's Map 68, Parcel 8, is shown upon a plan recorded with Nantucket Registry Deeds in Plan File 56 -A as Lot 6, and is situated in a Residential Commercial -2 zoning district. 3. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. The Planning Board made no recommendation, on the basis that no matter of zoning concern was presented. Several neighboring property owners appeared at the public hearings to express opposition and concern, primarily with regard to the effect of the Contract Purchaser's proposed use upon existing parking problems at the adjacent property constituting the mixed -use "Anchor Village" project. There were seven letters from abutters and neighbors on file in opposition, one letter expressing concern and suggested conditions for a grant of relief, one phone call to the office from an abutter opposed, and four letters in favor on file. As the property is situated within the Public Wellhead Recharge Overlay District, Applicants submitted a letter from the General Manager of the Wannacomet Water Company, dated April 20, 2004. The letter stated "The amount of impervious groundcover for this lot is 120 square feet, which is less than 3 percent of the total lot area. Therefore, this property is not subject to review under zoning by -law 139 -12." However, he also stated that he had reviewed the plan for the antique car rental agency and found that it was "acceptable to the Wannacomet Water Company ", 4. The Contract Purchaser (incorrectly referenced in the application and the notice as a lessee) proposes to conduct the business of rental of antique automobiles. In the Residential Commercial -2 zoning district, the rental of automobiles is a use that is allowed subject to the granting of a Special Permit. 5. As presented by the Applicants, represented by counsel, the Contract Purchaser desires to park up to ten antique automobiles upon the Locus; with a small office building to be used by an employee who would conduct the rental operations. The automobile rental use itself does not itself specifically generate the provision of any parking spaces, and the parking of the inventory of automobiles available for rental does not constitute ancillary parking which must comply with dimensional parking requirements, but rather is the primary use proposed for the site. One conforming parking space is required for the office space of under 300 square feet in gross floor area, and the Contract Purchaser initially proposed to provide one additional parking space to be used by customers or visitors to the site. Neighboring property owners and occupants, primarily owners of residential or commercial units in the adjacent Anchor Village condominium, which shares an internal driveway easement with the Locus, expressed concern that the proposed use would attract visitors and prospective customers to the Locus, and that they would attempt to utilize parking spaces upon the Anchor Village property, without the right to do so, exacerbating existing parking problems upon the Anchor Village property. There was discussion of the possibility of providing parking spaces on the Locus but outside the fence, which the Contract Purchaser proposes in order to enclose the area used for automobile rental activities, but the Contract Purchaser declined to provide such parking spaces, citing liability concerns. The Contract Purchaser agreed, however, to address another concern by arranging for an off -site alternative location for rental car drop -offs. 6. Although the Contract Purchaser argued that the open interior area of the Locus would provide ample area for temporary placement of vehicles visiting the site, the Board of Appeals was concerned that additional on -site parking would be needed. In general, however, a majority of the members of the Hoard expressed the position that the proposed use was less intense than various other uses which could be conducted upon the Locus as a matter of right, without the need for any zoning relief, and that it was not the responsibility of the Applicants to solve any parking issues existing upon the Anchor Village property. 7. Accordingly, a majority of four members voting in favor (Sevrens, Loftin, Waine and Wiley) and one opposed (Toole), the Board voted to make the finding that the granting of the proposed relief would be in harmony with the general purpose and intent of the Zoning By -law, and, by the same majority of four members in favor and one opposed, voted to GRANT relief by SPECIAL PERMIT under Nantucket Zoning By -law 5139- 9.B(2)(1), to authorize the Contract Purchaser to conduct the rental of automobiles upon the Locus, subject to the following conditions: a No more than eight rental vehicles may be parked upon the Locus at any one time; (b) In addition to the required conforming parking space for the office use, three additional conforming spaces shall be provided for use by customers and visitors to the Locus, and be specifically designated for such purposes; (c) The location of all spaces for rental vehicles and other spaces required under subparagraph 7(b), above, shall be as shown upon the "Plan of Land ", done by Blackwell and Associates, dated March 30, 2009, as marked up by the Applicant and Board of Appeals, a reduced copy of which is attached hereto as Exhibit A; (d) A sign shall be placed upon the gate to the enclosed portion of the Locus, stating that parking on Anchor Village property is not permitted for visitors or customers of the automobile rental operations; (e) The gate to the enclosed portion of the Locus shall be kept open until sunset during periods when the rental car business is in operation; (f) The relief granted by this decision is specific to the operation of the rental car business by the Contract Purchaser; in the event of any change in ownership of the business or the nature of the business, a new application for relief to the Special Permit Granting Authority would be necessary; (g) The rental of antique automobiles shall be the only business conducted upon the Locus pursuant to the Special Permit granted hereby; and (h) All lighting shall be directed downward, and no floodlights shall be used. (i) The hours of operation shall be no earlier than 9:00 AM and no later than 6:00 PM, for a maximum of seven days a week. (ZBA Dec. File No. 031 -04) B. In separate action, the Board, by the same majority of four members in favor and one opposed, voted to approve the site plan, attached at Exhibit A, as required under By -law §139 -23. Dated: June 10. 2004 C. David R. Wiley Ed . /Murphy Edward S. Toole CURRENT ZONING CLASSIFICATION: Residential Commercial (RC -2) MINIMUM LOT SIZE: 5000 S.F. \ MINIMUM FRONTAGE: 40 FT. FRONT YARD SETBACK: 20 FF. REAR SIDE SETBACK: 5 FF. GROUND COVER R : SOR PROPOSED GREENSPACE =1408± SF, 25% ± ij LOT AREA = 5,563± SF , 68 -7 N/F C.JOY PARDI g END 3 -4'/ `F START 6' FENCE // 70 ha d 17 a ' RO'p0 s END 3- 5. START y�tA/I FENCE PAR ING AREA= 3,765± SF RO,o DRNESE PROPO 0Q°Q�� d\ C) \ C 7 #q (U ��VT 4i \ L �"NO Ns ! S�Q sag0 \ p F'7yq<Fr es \ \ F1` •� i I #41 OLD SOUTH ROAD OWNER: ELIZABETH C. PARDI DEED BOOK 669 PAGE 204 PLAN FILE 56 —A, LOT 6 O� SAG �V 110 N 't4y0 Q�0 72 68 -9 N/F ALEKANDER RAY & DIANE DOWNING DRIVEWAY & UTILITY EASEMENT, DEED 721/220 PLAN OF LAND IN NANTUCKET, MA Prepared For ISLAND BUGGIES 41 OLD SOUTH ROAD MAP 68 PARCEL 8 Scale: 1 " =20' March 30, 2004 BLACKWELL and ASSOCIATES, Inc. Professional Land Swvgm 20 TEASDALE CIRCLE NANTUCEEZ MASS. 02564 (508) 228 -9026 GRAPHIC SCALE 0' 10' 26' 40' 60' o4a'xTUCk� TOWN OF NANTUCKET ' BOARD OF APPEALS �' °0Rp760 NANTUCKET, MASSACHUSETTS 02554 Date: P�-�Ucu � 17, 20d5 To: Parties in Interest and.Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No 00_7­0T4 Owner /Applicant: 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. r, n �% 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 -30I (SPECIAL PERMITS); §139 -32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. NANTUCKET ZONING BOARD OF APPEALS 1 East Chestnut Street Nantucket, Massachusetts 02554 Assessor's Map 68, Parcel 41 Old South Road Residential Commercial -2 DECISION: Plan File 56 -A Lot 6 Deed, Book 669, Page 204 a public hearing of e an ucket zoning 13oard of Appeals, commenced on Friday, January 7, 2005, at 1:00 P.M., and continued to and concluded on Friday, February 11, 2005, at 1:00 P.M., in the Conference Room, in the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, the Board made the following decision on the application of ISLAND BUGGIES AUTO - RENTAL, LLC, c/o Reads, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 007 -04: 2. The applicant is seeking a MODIFICATION of SPECIAL PERMIT relief and the approved site plan granted in the decision in Board of Appeals File No. 031 -04, which allowed a vehicle rental business to be operated on the locus, pursuant to Nantucket Zoning By -law §139- 9.B(2)(1). The applicant is asking to expand the size of the proposed conforming office structure in order to include a second -floor apartment. The structure would enclose three of the proposed parking spaces, one for the approximately 252 square feet of office space, and two for the apartment, as required under Zoning By -law §139 -18.D in the RC -2 zoning district. All dimensional and parking requirements of the Zoning By -law would continue to be met. The three spaces to be dedicated for customer parking as required by the decision in File No. 031 -04 would continue to be maintained outdoors, as well as the area for parking of rental vehicles. The locus is situated at 41 OLD SOUTH ROAD, Assessor's Map 68, Parcel 8, is shown upon a plan recorded with Nantucket Deeds in Plan File 56 -A as Lot 6, and is situated in a Residential Commercial -2 zoning district. 3. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. There was no Planning Board recommendation, on the basis that the proposal presented no issues of planning concern. Except for the presentation of the applicant's principal and legal representative, there was no support nor opposition presented at the public hearing. 4. Applicant, through counsel, represented that the Board of Appeals, in File No. 031 -04, granted a Special Permit to allow the use of the locus for the auto rental of antique cars, an exception use allowed by Special Permit in the Residential - Commercial-2 district. In its decision, the Board required that, in addition to one parking space required for the office space of 252 square feet, the applicant would be required to provide three parking spaces for use by customers and business invitees upon the locus. The site plan incorporated into the decision as Exhibit A showed a total of 12 parking spaces, of which one was for the office use, three were for customer use, and eight were for the rental cars. The applicant has since decided to provide an apartment upon the locus, and to place it over a three -car spaces; the addition of the residential unit, in the RC -2 district, requires two additional parking spaces. Meanwhile, representatives of the applicant and members of the Board have noted that the parking area for the rental cars is a primary use, rather than ancillary parking, and therefore the proposed parking spaces for the display of the rental vehicles need not conform to any dimensional parking requirements. In fact, the applicant proposes to rent classic antique automobiles, and the dimensions of these vehicles are smaller than those of most modern cars. Accordingly, the applicant has shown a new parking layout which designates an area for parking the rental cars, with typical parking space dimensions considerably smaller than the 9' x 20' dimensions required for ancillary parking under the Zoning By- law. In response to concern expressed by members of the Board as to the provision of adequate entrance and driveway dimensions to serve the ancillary parking spaces required by the Zoning By -law and the decision of the Board, the applicant provided a revised site plan which showed compliance with these requirements, being a plan done by Blackwell & Associates, Inc., dated February 1, 2005, which is attached hereto as Exhibit A -1 (the "Exhibit A -1 Plan "). 5. Applicant represented that the provision of a dwelling unit upon the locus is a permitted use without necessitating relief by this Board, and would enable better security and management of the business use upon the site. All of the required parking is provided on site. It is to be noted that there was neighborhood concern at the time of earlier hearings relating to this project, and neither opposition nor concerns have been expressed by anyone at this hearing, in any manner, in connection with the present application. 6. Therefore, by a vote of four members in favor (Sevrens, Loftin, Waine and Wiley) and one opposed (Toole), the Board of Appeals made the finding that the proposed MODIFICATION of the SPECIAL PERMIT to substitute a new site plan as requested would be in harmony with the general purpose and intent of the Zoning By -law, and accordingly by the same vote of four members in favor (Sevrens, Loftin, Waine and Wiley) and one opposed (Toole), voted OA to approve the MODIFICATION of the SPECIAL PERMIT as requested. All conditions set forth in the decision in File No. 031 -04 are incorporated below and shall be and remain in full force and effect, with the appropriate modifications to reflect the new site plan and addition of the apartment parking: (a) The project shall be constructed and operated in conformity with the Exhibit A -1 Plan, which is hereby adopted in replacement of the Exhibit A plan as attached to the decision in File No. 031 -04; and (b) No more than eight rental vehicles may be parked upon the Locus at any one time; (c) In addition to the required conforming parking space for the office use and two for the apartment, three additional conforming spaces shall be provided for use by customers and visitors to the Locus, and be specifically designated for such purposes; (d) A sign shall be placed upon the gate to the enclosed portion of the Locus, stating that parking on Anchor Village property is not permitted for visitors or customers of the automobile rental operations; (e) The gate to the enclosed portion of the Locus shall be kept open until sunset during periods when the rental car business is in operation; (f) The relief granted by this decision is specific to the operation of the rental car business by the Contract Purchaser; in the event of any change in ownership of the business or the nature of the business, a new application for relief to the Special Permit Granting Authority would be necessary; (g) The rental of antique automobiles shall be the only business conducted upon the Locus pursuant to the Special Permit granted hereby; (h) All lighting shall be directed downward, and no floodlights shall be used; and (i) The hours of operation shall be no earlier than 9:00 AM and no later than 6:00 PM, for a maximum of seven days a week. 3 B. In separate action, the Board, by the same majority of four members in favor and one opposed, voted to approve the new site plan, attached at Exhibit A -1, as required under Zoning By- law §139 -23. Dated: February 17 , 2005 ,M f.7 IRRENT ZONING CLASSIFICATION: \ sidential Commercial (RC -2) NIMUM LOT SIZE: 5000 S.F. NIMUM FRONTAGE: 40 Fr. ONT YARD SETBACK: 20 FT. AR/SIDE SETBACK: 5 FT. A ND COVER % : 50 %� PROPOSED GREENSPACE =1,1843 SF, 21% t LOT AREA = 5,563± SF QOpOy'< � END 3 -4'/ PROPOSED START 6' GREEN SPACE \ L Ob (pG9 4OJ T� gO 4?ON J - PARKING AREA= 4bQ Y. 3.339± SF 9J7 ORE VtEA-1040t SF v,. s M, AY >HPnJ \\ * HIGH FENCE RIONG SPA SPACES INOODR � 20'FACH1z_41 4 PROMS R DRNEWAY 68 -9 \ ? PROMSED / \ �4Re4 E FIN �2Vp ALEXAND c � R RAY & DIANE DOWNING q \ \ `00 DRIVEWAY & UTILITY EASEMENT, DEED 721/220 \ PLAN OF LAND a IN NANTUCKET, MA Prepared For ISLAND BUGGIES ` AUTO- RENTAL, LLC 41 OLD SOUTH ROAD MAP 68 PARCEL 8 Scale: 1 " =20' Feb. 1, 2005 BLACKWELL and ASSOCIATES, Inc. ProfessimW Land Surveyors 20 TEASDALE CIRCLE LOCUS NANTUCKET, MASS. 02554 #41 OLD SOUTH ROAD (508) GRAPHIC C SCALE DEED BOOK 904 PAGE 120 PLAN FILE 56 —A, LOT 6 0' 10' 20' 40' 60' I# all, D D Town of Nantucket Zoning Board of Anneals RECEIVED BOARD OF ASSESSORS NOV 15 2012 TOWN OF NANTUCKET, MA LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER.. ..... rt.J. Uk(A�V....,.Pf.'..!�.C'(.� MAILINGADDRESS ............�...(..YY........./ ............... ................................. PROPERTY LOCATION ....... `.4j ....... pa....�,.urf ...• /N � ASSESSOR MAP/PARCEL ......: t"..$7/4 1 ............ .'.....�...C.................... SUBMITTED BY ......... `. (M9: .... W. 4 .i- LT!:'.'5 .................. 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 300 feet of the property line of owner's property, as they appear on the most recent applicable tax list (M.G.L. c. 40A, Section 11 and Zoning Code Chapter 40A, Section 139 -29B (2). DATE ASSESSOR'S OFFICE TOWN OF NANTUCKET F Iz 3 yy333 3 -3 3833333333 '$333333333333 3 °aa aad :4m 9199 444444C444$4444�44444444444444 €444444444 n3 3aCC:g�S��g�g"444 "mCg4 ^C�S��Rm �...,aa & "•BS: 8°... 2 &mmm..mm &3 F y aae �3 4 "s �a� / 54 68 68 NANTUCKET TOWN OF YOUNG ROBERT A TRUSTEE MORASH IULIA WATER COMMISSION CANDYLANDNOMINEE TRUST 15 -B WITHERSPOON DRIVE 16 BROAD ST 77 POLPIS RD NANTUCKET, MA 02554 NANTUCKET, MA 02554 NANTUCKET, MA 02554 54 68 68 NANTUCKET TOWN OF READS ARTHUR I JR TR WALLACE PETER WATER COMMISSION BARREALTYTRUST 30 SOMERSET LN 16 BROAD ST PO BOX 2669 NANTUCKET, MA 02554 NANTUCKET, MA 02554 NANTUCKET, MA 02584 68 68 68 NICHOLAS SHARON S TRUSTEE SCHULZ DAVID & SANDRA TRS WOLF MATTHEW G & PHILLIPS OLD ORANGE NOMINEE TRUST IOYOUNGSWY PO BOX 362 33 OLD SOUTH RD NANTUCKET, MA 02554 NANTUCKET, MA 02554 NANTUCKET, MA 02554 68 68 68 DAVID THOMAS I &MOYLAN NANCY STONECOLDLLC JOHN WAYNE& KELLY P 0 BOX 541 300 UNION STREET 4 YOUNGS WY NANTUCKET, MA 02554 NEW BEDFORD, MA 02740 NANTUCKET, MA 02554 68 68 68 RAY ALEXANDER& DOWNING DIANE UNIT 2 ANCHOR VILLAGE NOM TRUST CARPENTER CHRISTINE P 0 BOX 581 PO BOX 3126 4 YOUNGS WY ASHLAND, NH 03217 NANTUCKET, MA 02584 NANTUCKET, MA 02554 - 68 68 68 14OLDGATE DONALD & GERTRUDE TRS SHEA TIMOTHY MCQUAID REAL ESTATE LLC 40 OLD SOUTH RD REALTY TRUST 105 HARBOR DR #138 2GREGLEN AVE PMB #108 PO BOX 705 STAMFORD, CT 06904 NANTUCKET, MA 02554 NANTUCKET, MA 02554 68 68 68 HOLDGATE BRIAN K MEHAN BLAIR T JR & JOANNE BYRNE BARRY E 4502 SHADYWOOD LANE 43 CENTER STREET PO BOX 3328 COLLEYVILLE, TX 76034 BYFIELD, MA 01922 NANTUCKET, MA 02584 68 68 68 MCCLURE JEANNE M TRST ETAL VANDERBI.T BARBARA AMARAL PEDRO G PO BOX 2190 18 FEDERAL STREET P 0 BOX 2839 NANTUCKET, MA 02584 NANTUCKET, MA 02554 NANTUCKET, MA 02584 68 68 68 TOOMBS CHARLES BOYCE ALEXANDER M ETAL TRS WALLACE PETER PO BOX 803 SUMMIT REALTY TRUST 30 SOMERSET LN NANTUCKET, MA 02554 37 OLD SOUTH RD NANTUCKET, MA 02554 UNIT 6 NANTUCKET, MA 02554 68 68 68 TORRE JESSICA N F-MIJESCU MICHAEL MCQUAID PAULA 43 OLD SOUTH RD 37 OLD SOUTH ROAD 2 GREGLEN AVE PMB If 108 NANTUCKET, MA 02554 NANTUCKET, MA 02554-7003 NANTUCKET, MA 02554 68 RICHARD BLAKE C/O NANTUCKET FRAMEWORKS PO BOX 834 SIASCONSET, MA 02564 68 LAURITZEN ERIK PO BOX 5192 NANTUCKET, MA 02584 68 EB.ERT KATHERINE R 37 OLD SOUTH RD # 16 NANTUCKET, MA 02554 68 STONECOLD LLC 300 UNION STREET NEW BEDFORD, MA 02740 68 EMINESCU MICHAEL 37 OLD SOUTH ROAD NANTUCKET, MA 02554 -7003 68 MORASH JULIA 15 -B WITHERSPOON NANTUCKET, MA 02554 68 EB-ERT KATHERINE R 37 OLD SOURTH RD #16 NANTUCKET, MA 02554 68 BOYCE ALEXANDER M TRST ETAL 37 OLD SOUTH ROAD # 6 NANTUCKET, MA 02554 68 TOOMBS CHARLES PO BOX 803 NANTUCKET, MA 02554 68 REINEMO KARSTEN L @ TIMOTHY R PO BOX 1444 NANTUCKET, MA 02554 ti a o 2 w Date: April 12, 2013 n x A N O To: Parties in Interest and Others concerned with the Decisioanof The BOARD OF APPEALS in the Application of the followi49: m o Application No: 002 -13 r- a o Owner /Applicant: ISLAND BUGGIES AUTO - RENTAL, LLC 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. �Q i& �oe ( 63m) 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 68, Parcel 8 Deeds Book 904, Page 120 41 Old South Road Residential Commercial - 2 Plan File 56 -a, Lot 6 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, held on Thursday, January 10, 2013, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following Decision on the Application of ISLAND BUGGIES AUTO - RENTAL, LLC, with an address of 41 Old South Road, Nantucket, Massachusetts 02554, Board of Appeals File No. 002 -13: 2. Applicant seeks a Modification of the Special Permit issued in BOA File No. 031 -04 and further modified in BOA File No. 007 -05, which allowed the construction of a mixed use structure, apartment on the second floor and commercial use on the first floor, for the rental of "antique" vehicles. Applicant now proposes to modify Condition (a) of paragraph 7 in Decision No. 007 -05 (aka 007 -04 by mistake on the Decision) to increase the rental of eight (8) vehicles to ten (10) and to further modify Condition (g) of paragraph 7 to include the rental of jeeps as well as antique vehicles. All other conditions would remain in full force and effect. The premises is located at 41 Old South Road, Assessor's Map 68, Parcel 8, Plan File 56 -a, Lot 6, and evidence of owner's title is recorded at the Nantucket County Registry of Deeds in Book 904, Page 120, and is zoned Residential - Commercial -2. 3. Our Decision is based upon the application and accompanying materials, representations, and testimony received at --our public hearing. There was no Planning Board recommendation on the basis that no matters of planning concern were presented. A letter was received from an abutter that suggested the number of non- antique rental vehicles be limited to three (3) . This letter also expressed concern about the increase in traffic because of the high turnover rate of non - antique rental vehicles. 4. Wayne Siltanen and Linda Williams represented the Applicant at the hearing. The property is benefitted by an original Decision that granted Special Permit relief under former Zoning By -law Section 139- 9B(2)(1) for the rental of automobiles in BOA File No. 031 -04. A Modification of the Decision was granted in BOA File No. 007 -05 that was erroneously marked as 007 -04. A mixed use structure was constructed with the owner's single - family dwelling on the second floor and a commercial garage for the parking of three vehicles on the first floor with a small office space for the rental business. Applicant has operated the business for the past seven (7) years without incident. The site plan attached as "Exhibit A" to the Decision in BOA File No. 007 - 04(05) shows ten (10) spaces for the rental vehicles, three (3) customer spaces, two (2)for the apartment and one (1) for the office, though the decision limits the rental vehicles to eight (8) antique vehicles. Applicant is now seeking to increase the number to a total of ten (10) rental vehicles and allow the addition of 4 -wheel drive jeep /jeep type vehicles in place of some of the antique vehicles. All other conditions would remain in full force and effect. Applicant has found that customers never leave a vehicle in the "customer parking" spaces for any length of time shown on the plan as they are generally dropped off to pick up a rental vehicle or vehicles are delivered to the customer. A customer vehicle has never been left over night. The Applicant monitors parking on the site and does not allow customers to park outside of the lot area. There are security cameras monitoring the site and when the business is not in operation, the gate is left closed. Employees are the family members living in the apartment at this time. There have been no traffic complaints and those exiting the lot are told to take a right to follow the traffic pattern of Anchor Village. Mr. Siltanen represented that he had ten (10) rental vehicle medallions. Of these ten (10) , eight (8) are used onsite and the remaining two (2) are used off -site. The Board asked about screening the property and how many medallions would be dedicated to antique vehicles. It was further added that the Locus was not a parking lot, per se, because the Applicant was displaying his wares and because of this, the smaller parking spaces were allowed in said previous Decisions rather than the required 9' x 20' spaces for regular parking spaces. The Board suggested that the Applicant park six (6) of his antique vehicles so that they face Old South Road and that he increase the vegetated screening along the Old South Road portion of the property line. 5. Therefc Board finds that 04, as modified harmony with the and would not Decisions. re, after a discuss such.a modification by Special Permit general purpose and derogate from the on with the Applicant, the to Special Permit No. 031 - No. 007 -05, would be in intent of the Zoning Bylaw original intent of the 6. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board of Appeals grants the MODIFICATION of the SPECIAL PERMIT granted in BOA File No. 031 -04 and further modified in BOA File No. 007 -05, in order to be allowed to increase the number of rental vehicles from eight (S) to ten (10) vehicles based upon the following conditions: a. The screening and parking shall be as shown on the site plan entitled, "Plan of Land, in Nantucket, MA," prepared by Blackwell and Associates, Inc., dated January 11, 2013, a reduced copy of which is attached hereto as "Exhibit A "; b. The screening along the Old South Road property line shall be densely planted vegetation that is a minimum of three (3)feet in height; c. Of the ten (10) rental vehicles, four (4) are limited to antique vehicles and the other six (6) may be of his choosing; and, d. All other conditions of the Special Permit Nos. 031 -04 and 007 -05 not herein modified shall remain in full force and effect. 7. In a separate motion, by a UNANIMOUS vote of the sitting Board, the Board of Appeals, under the minor site plan review provision pursuant to Nantucket Zoning Bylaw Section 139 -23, endorsed the new site plan as noted above. SIGNATURE PAGE TO FOLLOW Dated: 6111 ,2013 Michael n fn G ffrey Thaler COMMONWEALTH OF MASSACHUSETTS Nantuckek as. 1 P 12013 On this�day oj-- 2013, before me, the undersigned Notary Public, personally appeared 11 , who is personally known to me, and who is the person whose name is signed on the preceding or attached document, and who acknowledged to me that fPhe signed it voluntarily for its stated purpose. No idly My commission expires: r\ 66 -7 O W CURRENT ZONING CLASSIFICATION: DAVID q,))I Residential Commercial (RC -2) / I Q� EXISTING: \ FENCER MINIMUM LOT SIZE: 5000 S.F. A MINIMUM FRONTAGE: 40 FT. SEE SEE PLAN Op RUCTURE > 0.. FRONT YARD SETBACK: 20 FT. SEE PLAN • REAR /SIDE SETBACK: 5 FT. SEE PLAN SPLIT RAIL T GROUND COVER % : 50% 19t% � FENCE REF. SPECIAL PERMIT e -- PROPOSED \ PFFFFQ�TO 639 BOOK 945 PAGE 176 0 IXiSnac 44 \ r\ 66 -7 N/F DAVID q,))I FENCER V'O KISRNG • RUCTURE > 0.. D65tS.F. • h q e \ PFFFFQ�TO 639 / ` IS 0 44 \ < e r \ ° UWNG 6' HIGH fi HIGH / 4C GREEN 4,G m' As 1061 IS.F. S \ BRICK a A :104tS.F. �fS OPEN SPACE A- 11653S.F. 213% DRIVEWAY & UTILITY EASEMENT, DEED 721/220 THIS PLOT PLAN WAS PREPARED FOR THE TOWN OF NANTUCKET BUILDING DEPARTMENT ONLY AN[ ESTABLISH PROPERTY LINES, FENCES, HEDGES OR ANY ANCILLARY STRUCTURES ON THE PREMISES. THE PROPERTY LINES SHOWN RELY ON CURRENT TO CURRENT ASSESSOR RECORDS. MAP: . 6$ , PARCEL: 6. . r �BIrOJ S'O SJ -pO *f4 PLAN OF LAND IN NANTUCKET, MA SCALE.. 1"--20' DATE: JANUARY 11, 201 ISLAND BUGGIES Owner. AUTO — RENTAL, LLC LOT 6 Deed: BK. 904 PG.120. • Plan: PL4. 56 -A Locus:. d4( OLD SOUTH ROAD BLACKMELL and ASSOCIATES, Inc. Professional Land Surveyors 20 TEASDALE CIRCLE NANTUCKET, MASS. 02554 (508) 228 -9026 GRAPHIC SCALE 0' 10' 20' 40' 60'