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Continued to: / / Withdrawn- / / Decision Due By_/ /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.
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LOCUS 1
#41 OLD SOUTH ROAD
DEED BOOK 904 PAGE 120
PLAN FILE 56 —A, LOT 6
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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
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LOCUS 1
#41 OLD SOUTH ROAD
DEED BOOK 904 PAGE 120
PLAN FILE 56 —A, LOT 6
10
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7 SO�r�
yap
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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
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#41 OLD SOUTH ROAD
OWNER: ELIZABETH C. PARDI
DEED BOOK 669 PAGE 204
PLAN FILE 56 —A, LOT 6
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110 N
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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
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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'(.�
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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
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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
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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
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CURRENT ZONING CLASSIFICATION:
DAVID
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Residential Commercial
(RC -2)
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EXISTING:
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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
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-- PROPOSED
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BOOK 945 PAGE 176
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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. .
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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'