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HomeMy WebLinkAbout008-94 21 Airport RoadZ D Z o c:a GC Z :t1 TOWN OF NANTUCKET m BOARD OF APPEALS 3 0 NANTUCKET, MA 02554 M a co 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 c� 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, � e . 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 tZ 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 /P WA'9- Ann Balas 064167 y . 11 PLL 11 , Jk / N' w` 0.+ MaaM /Nr� V�YUnr9 F.-NN• PL L.c�( Gr�lfd�w.0 g ya I d w� ww IN NMNWET1 wAS54plvpms