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TOWN OF NANTUCKET m
BOARD OF APPEALS
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NANTUCKET, MA 02554
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Date: June 27, 2013
To: Catherine Stover, Town Clerk
From: Andrew Vorce, Director of Planning, PLUS
Re: Clarification: Zoning Board of Appeals Decision 008 -094; Repeater Trust, Raymond P. Conlon,
Trustee.
Dear Catherine,
Attached please find the Clarification to Zoning Board of Appeals decision referenced above. The
Zoning Board of Appeals reaffirmed and clarified language of a condition contained in the above
decision.
This is a Clarification that will not restart the 20 -day appeal period. Please file this document with the
original decision in your records.
Andrew Vorce,
Director of Planning, PLUS
2 Fairgrounds Road Nantucket Massachusetts 02554
508- 228 -7215 telephone 508 -228 -7298 facsimile
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 68, Parcel 54/55 Deed Book 87, Page 104
Cert. 16,221
21 Airport Road _ Land Court Plan 16,514 -G, Lot 48
Limited Use General - 2 Land Court Plan 16,514 -5, Lot 94
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, held on Thursday, June 13, 2013, at 1:00 P.M., at 4
Fairgrounds Road, Nantucket, Massachusetts, on the matter of the
Decision in BOA File No. 008 -094, THE REPEATER TRUST, RAYMOND P.
CONL0N, TRUSTEE, with an address of PO Box 1057, Nantucket,
Massachusetts 02554, the Board made the following CLARIFICATION:
2. Trustee Raymond P. Conlon sought a CLARIFICATION of
the Decision in BOA File No. 008 -94 in which a Special Permit
was issued for the use of the property for various purposes in
part related to the operation of his rental vehicle business,
which included the maintenance and sale of rental vehicles,
minor repair of equipment and the storage of other vehicles in
addition to his rental vehicles. The property had been
historically used as a vehicle repair business from a time prior
to the enactment of the 1972 Nantucket Zoning By -law and was
thus considered a grandfathered commercial use in a residential
zoning district. The Board found that the use proposed by the
current property owner was not substantially more detrimental to
the neighborhood than the then existing nonconforming commercial
use. Relief was granted based upon certain conditions, one of
which stated that "parking of vehicles stored on site shall be
limited to 55 vehicles ".
3. A complaint had been made to the Zoning Enforcement
Officer ( "ZED ") by a member of the Nantucket Airport Commission,
with the Nantucket Memorial Airport being a direct abutter
across Airport Road, and also in the business of renting spaces
to owners of vehicles. An enforcement letter had been issued by
the ZEO interpreting that only rental vehicles could be stored
on the property. The question was raised by complainant that the
Owner was in violation of his Special Permit as he was renting'
space on his property to members of the public and storage of
vehicles was required to be limited to rental vehicles and the
required screening had not been provided along Miller Lane.
4. Owner was before the Zoning Board of Appeals asking
for a Clarification of the Decision in BOA File No. 008 -94,
specifically Paragraph 6, Condition "c ". Owner stated that other
conditions specifically stated that certain actions pertained to
rental vehicles. There was testimony from Linda F. Williams,
former Zoning Administrator, the person responsible for drafting
the Decision and a signatory of the Decision as a member of the
BOA at that time, that reference to storage of only rental
vehicles was deliberately not added to this condition as the BOA
at the time felt that the storage of 55 vehicles could be any
vehicles and not just rental vehicles. The required screening
was in the process of being placed along the road frontage on
Miller Lane. Owner had been leasing spaces for vehicle storage
for almost 20 years without incident, including at the request
of prior Airport management on special occasions.
3. Our Decision is based upon the review of the Decision
in BOA File No. 008 -94, testimony from the Owner, former BOA
member and staff member, and advice of staff received at the
public hearing. Testimony was received from a member of the
Nantucket Airport Commission, Member Daniel Drake, and
expressing concern about the intent of the condition contained
in the Decision.
4. Accordingly, �y tl of four in favor (Toole,
Botticelli, McCarthy, ayer) an one opposed (Poor), the Board
reaffirmed and CLARIFIED that the condition in Paragraph 6,
Condition "c" contained in the Decision in BOA File No. 008 -94,
which stated that "parking of vehicles stored on the site shall
be limited to 55 vehicles", did not restrict such storage to
Owner's rental vehicles only, but allowed the �torage of up to
55 vehicles in general. /)n
Dated: JVVIA Ve ,2013
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Leri M Ko5ea +4c.
Mark Poor
COMMONWEALTH OF MASSACHUSETTS
Nantucket, as. JAI Z(0 2013
On
this — 013, befoe . me, the undersigned Noary Public, personally appeared
G_ dy o
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 he /she signed it
voluntarily for its stated purpose.
otary Public:
My commission expire LYNELL D. VOLLANS
Notary f M.,s
) Ccmmon
Notary eF Public husem
w8 My Commission Expires
December 28,
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064167
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: February 18 , 19 94
]f To: Parties in Interest and.Others concerned with the
!2 Decision of the BOARD OF APPEALS in the Application of the
l Gn following:
J
Application -NO.: 008 -94
L AND GLADYS M. SILVA, OWNERS,
Owner /Applicant: ALBERT
D� AND PETER A_ CONLON, SR., CONTRACT PURCHASER
Enclosed is the Decision of the BOARD OF APPEALS which has
this day been filed in the office of the Nantucket Town
Clerk.
Oka An Appeal from this Decision may be taken pursuant to
..� Section 17 of Chapter 40A, Massachusetts General Laws.
3 Any action appealing the Decision must be brought by
Q filing an complaint in court within TWENTY (20) days after
h
cc: Town Clerk
Planning Board
Building commissioner
this day's date. Notice
of the action with a copy of t e
complaint and certified
copy of the Decision must be given
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to the Town Clerk so as
to be received
within such TWENTY
W
(20) days.
Dale W. Waine
Chairman
cc: Town Clerk
Planning Board
Building commissioner
Zoning Board of Appeals
Nantucket, Massachusetts
06410'7
At a regular meeting of the Zoning Board of Appeals held on
Friday, January 7, 1994 at 1:00 p.m. in the Town and County
Building, the Selectmen's Meeting Room, Broad street, Nantucket,
Massachusetts, on the application of Albert L. and Gladys M.
Silva, Owner- and-Peter -A. Conlon, sr., Contract Purchaser, of
P.O. Box 1057, Nantucket, MA 02554, Board. of Appeals File NO.
008 -94, the Board made the following Decision:
1. The Applicants are seeking a Special Permit under
Nantucket Zoning By -Law §139 -33A (alteration or extension of pre-
existing, nonconforming structure /uses). The Applicants propose
to change the current pre- existing nonconforming use from that of
a truck storage and maintenance facility which included vehicle
repair and storage of equipment and materials by reducing the
intensity of the use to provide for the storage, rental, sale and
repair of motor vehicles. The Contract Purchaser currently
operates Nantucket windmill Auto Rental out of the Nantucket
Memorial Airport and proposes to store rental vehicles and
equipment on site and additionally to rent, sell and repair
automobiles on the property. The premises are located at 35 and
37 Macy Lane, Assessor's Map 68, Parcels 54 and 55, as shown on
Land Court Plan No. 16514-G and S, Lots 48 and 94. The property
is Zoned LIMITED USE GENERAL -2.
2. At the hearing, the Board considered the Application for
Relief, a letter from the Planning Board, letters of support from
the Nantucket_Inn and owners of property, and businesses in the
general area, photographs and received testimony from Raymond P.
Conlon on behalf of the Contract Purchaser, his attorney, Philip
A. Mason of Mason 6 Martin, and his surveyor, Michael S. Bachman
of Nantucket Surveyors, Incorporated. The nature and extent of
the pre- existing nonconforming use was established through an
aerial photograph of the property, a letter from the prior
tenant, New England Telephone, and a site inspection of the
current New England Telephone maintenance facility by the
Contract Purchaser's surveyor. Letters from several automobile
dealers (Rainbow Motors, Silver City, Inc. and Hyannis Toyota)
were provided indicating that very little sales customer traffic
would be anticipated. No one appeared in opposition to the
Application.
(008-94) -`- 064107
-3. The property is located on Macy Lane, in a
Limited Use General -II zone, adjacent to the Nantucket
Memorial Airport, that is in
to thesnorthlacrossma street, zone.
The Nantucket Inn property
offered a letter in support of the Application. There are
several commercial enterprises in the area that expressed
support as well. The abutting residential area is largely
undeveloped.
4. The Application noted that at a July 25, 1980
hearing, the Board previously had determined that the
property was originally built upon as a gasoline service
station prior to the adoption of 1972 zoning, and that a
commercial use of the property was established further by the
use of the property by New England Telephone as a truck
storage and maintenance facility for more than 10 years with
no three year lapse in the commercial use of the property at .
a'KI time to the present. By letter dated January 4, 1994,
New England Telephone advised the Board that (a)- the property
had been used by New England Telephone from the 1960's to
early 1993: (b) between 20 and 25 service
and construction vehicles were based at the facility; (c)
parking was provided for 10 to 15 New England Telephone
employee vehicles; (d) portions of the property were used for
storage of materials relating to the vehicles and their
maintenance which was performed in the building; and (e)
materials related to providing telephone service on Nantucket
were also stored on the site, outside. Contents of the New
England Telephone letter were confirmed by the surveyor's
report on current New England Telephone activity at their new
maintenance facility. Aerial photos indicated that at least
15,420 SF of space between the two merged lots was used by
New England Telephone at any given time. The location
contains a pre - existing structure having 1925 SF of ground
cover. This structure will remain and be upgraded without any
further expansion contemplated at this time. Applicants also
represented that a 21E study had been done and the location
cleared for use.
5. The Board finds that this property is located
in an area devoted to commercial and service establishments
and is in a high traffic area due to the Airport. Based upon
calculations presented by the Applicant, the Board finds that
the Applicant's proposed use of the property will
substantially decrease the intensity of the use of the
property from that maintained by New England Telephone, with
a decrease in the area being devoted to vehicle and equipment
storage and a major decrease in vehicle traffic. The Board
also finds that the proposed usage and planned screening will
substantially improve the appearance of the property.
6. For the reasons given, the Board finds that the
proposed alteration and extension of the pre- existing
non - conforming use in this residential zone, would not be
more detrimental to the neighborhood than the existing
non - conforming commercial use of the property to the
J008-94) -3-
064107
neighborhood. The Board voted 4- (four) in favor (Waine,
Williams, O'Mara and Leichter) and one opposed ( Balas) to
GRANT the relief by Special Permit under Section 139 -33A to
change the use as represented, to provide storage, rental,
sale and minor motor vehicle and equipment repairs on site,
for Lots 48 and 94 on Land Court Plan No 16514 -S on Macy
Lane, subject to the following conditions:
a) There shall be no washing of vehicles on site;
b) No major vehicle repairs shall be performed on
site. Vehicle repairs shall be limited to vehicles owned or
leased by the owner or tenant occupying the property;
c) Parking of vehicles stored on site shall be
limited to 55 vehicles;
d) Sales of vehicles shall be limited to used cars
only;
e) Such improvements and alterations will not be to
an extent so as to trigger the Major Commercial Development
permitting process as defined in §139 -11 of the Nantucket Zoning
By -Law;
f) Any hazardous or toxic materials or waste stored
or generated on site will be handled or disposed of
consistent with the requirements of local and State codes;
g) Screening will be placed on the site as
indicated on the submitted plan, attached hereto and marked
as Exhibit A, dated December 7, 1993.
Dated: February-18, 1994
RECEIVED
TOWN CLERK'S OFFICE
NANTUCKET. MA 02654
FEB 181994
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Ann Balas
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