HomeMy WebLinkAbout038-13 10 Polpis RoadPrinr Form
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APPLICATION ° ^1
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Fee: $300.00 File No.' /
ownees namc(s):Don Allen Auto Service, Inc.
Mailing address: 24 Polpis Road, Nantucket, NA 02554
Phone Numbec(500) 228 -0134 E- IVLIU: erikevensPyahoo. com
Applica esname(s):Dmc Allen Auto Service, Inc.
Mailing Addres5:24 Poluis Road, Nantucket, NA 02554
Phone Number::508) 228 - 0134 E- hfad:erikevens*yahoo.com
Locus Address: 10 Polpis Road Anesam's Map /Parcel:0054 -124
Land Court Plan /Plan Book & Page /Plan File No.:L is 12 6 1, on LCPL 10937 -B
Deed Reference /Certificate of Tide:C01' 18,875 Zoning DistoctvR
Uses on Lon - Commercial: None Yes (describe) inspection., detail s sales
Residential: Number of dwellings Duplex .Apartments
Dace of Structurc(s): all prc -date 7/72 Yes or
Building Permit Numbets:
Previous Zoning Board Application Numbers: 105 -05 and 003 -12
2 Pairgrounds Road Nantucket Massachusetts 02554
509428 -7215 telephone 508- 218 -7298 lacaimik
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State below or attach a separate addendum of specific special permits or variance relief applying for:
See a0arhed addendum Please.
1 certify that the information comained herein is substantially complete and true to the
best of my knowledge, under the pains and penalties- of perjury.
Cf��i
SIGNATURE: / Applicant /Attomep /Tpeor"
*If an Agent is represenring the Owner or the Applicant, please provide a signed proof of agency.
OFFICE USE ONLY
Application received on: / / By:_ Complete: Need Copies:
Filed with Town Clerk:)—/_ Planning Boud:J_ /_ Building Dept.:–/–/– By:_
Fee deposited with Town Treasurer:jj_ By:_ Waiver togucired:_
Granted: ! / Hearing notice posted with ('o
`wn. Clerk:_/) Mailed: / /
Hearing(s) held on:—/ i_Opened
Commuedto: / / Withdrawn: /_ Decision Due By:
_/ /
Made:-7-7— Filed w /Town Clerk:_/ /
/_Mailed:_ /
2 Nairgruurals Raed Nantucket Mnsaachoasua 02554
508 -228 -7215 telephone 508- 228 -7298 hesunne
Applicant is requesting a Modification of the Special Permit in Decision No. 003 -12
pursuant to Nantucket Zoning Bylaw Section 139 -30 (Special Permit) for the open
area requirements in Nantucket Zoning Bylaw Section 139 -16E and for the two -
way driveway requirements of the Nantucket Zoning Bylaw Section 139 -19E.
The subject property has 16.25% open area in a zoning district that requires 20%.
The approval granted in Decision No. 003 -12 stated that Applicant would have
23.7% open area. Applicant is requesting that the Board grant relief from the
approved 23.7% open area as stated in the above -named decision, and relief from
the 20% requirement in Section 139 -16E allowing the existing 16.25% open area.
The existing two -way driveway has a width of thirty -one (31) feet, and Section
139 -19E requires that a lot with a two -way driveway, having five or more parking
spaces, have a width of not less than twenty (20) feet nor more than twenty -four
(24) feet wide. Applicant is requesting relief from this requirement, and approval
of the existing 31 foot wide driveway.
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TOWN OF NANTUCKET'
BOARD OF APPEAL
NANTUCKET, MASSACHUSE'P "2554
Date: April 13, 2012
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 003 -12
Owner /Applicant: DON ALLEN AUTO SERVICE, INC.
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with the office of the Nantucket Town Clerk.
An Appeal from this Decision may be taken pursuant to Section 17
of Chapter 40A, Massachusetts General Laws.
Any action appealing the Decision must be brought by filing a
complaint in Land Court within TWENTY (20) days after this day's
date. Notice of the action with a copy of the complaint and
certified copy of the Decision must be given to the Town Clerk so
as to be received within such TWENTY /(20) days.
Edward S. Toole, Chairman
cc: Town Clerk
Planning Board
Building Commissioner /Zoning Enforcement Officer
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT
AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING
BY -LAW SECTION 139 -30 (SPECIAL PERMITS); SECTION 139 -32
(VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD
OF APPEALS OFFICE AT 508- 228 -7215.
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 54, Parcel 124 Plan File No. 10937 -B
10 Polpis Road Certificate of Title No. 18,815
Village Residential
DECISION:
1. At a public hearing of the Nantucket zoning Board of
Appeals, on Thursday, February 9, 2012 and Thursday, March 8,
2012, at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board
made the following decision on the application of DON ALLEN AUTO
SERVICE, INC., of 24 Polpis Road, Nantucket, MA 02554, File No.
003 -12:
2. Applicant is requesting a Modification of the Special
Permit in Decision No. 105 -06 pursuant to Nantucket zoning Bylaw
Section 139 -30 (Special Permits) in order to allow motor vehicle
sales, rentals and repairs, and for parking ancillary to that
use. The uses and building configuration are preexisting
nonconforming and have been in their present configuration since
1959. The island's only vehicle inspection station will remain
on the premises and a portion of the inside of the building will
continue to be used to wash and detail vehicles. The interior
of the building will be modified to allow for a showroom, but
there will be no increase in ground cover proposed. The
building is presently nonconforming as to ground cover, having a
ground cover ratio of 28.3% in a zoning district that allows for
a maximum ground cover ratio of 108, and nonconforming as to
side yard setback, being sited as close as 13.8 feet from the
side yard lot line in a zoning district that requires a fifteen
(15) foot side yard setback. The setbacks were in compliance
with the Limited Use General - 1 zoning district prior to the
recent change to the Village Residential zoning district. The
Locus is situated at 10 Polpis Road, is shown on Nantucket Tax
Assessor's Map 54 as Parcel 124, is shown on Plan File No.
10937 -B, and title is registered as Certificate of Title No.
18,875 in the Nantucket County Registry District of the Land
Court. The property is zoned Village Residential.
3_ Our decision is based upon the application and
accompanying materials, representations, and testimony received
at our public hearing. The Planning Board recommendation was
favorable. There were letters from abutters in opposition to
the original application because of the proposed motor vehicle
repairs and rentals. The Applicant withdrew this portion of the
request and those abutters in opposition retracted their letters
of opposition and most submitted letters of support.
9. Attorney Rhoda H. Weinman, Bill Tornovish, and Erik
Evens represented the Applicant at the hearing. Attorney
Weinman explained to the Board that the Applicant is requesting
a Modification of the Special Permit in Decision No. 105 -06
pursuant to Nantucket Bylaw Section 139 -30 (Special Permits) to
allow motor vehicle sales, rentals and repairs, and for parking
ancillary to that use. Attorney Weinman further added that
Nantucket's only vehicle inspection station will remain on the
premises and a portion of the inside of the building will
continue to be used to wash and detail vehicles. The interior
of the building will be retrofitted to allow for a showroom;
however, there will be no additional ground cover.
Presently, the building is preexisting nonconforming as to
ground cover having a ground cover ratio of 23.88 in a zoning
district that allows for a maximum ground cover ratio of 108.
The front and rear yard setbacks comply with the Village
Residential zoning district, but the side yard setback is 13.8
feet from the easterly lot line in a zoning district that
requires a 15 foot setback.
This property has been historically used, without interruption,
since at least 1959 at various times by a tour bus company;
automobile rental business; washing and servicing of buses and
vehicles; plumbing and heating business and storage of trucks
and related equipment. The Applicant leased the property in
1995 and purchased it in 1999. Since the purchase, the property
has been used for parking vehicles and washing and detailing
vehicles inside the building.
Attorney Weinman addressed the letters from abutters and
explained that while these letters were initially in opposition
to the proposed work, the Applicant proactively discussed the
matter with the abutters and agreed to remove the
rental/ servicing of cars from the facility. Accordingly, the
abutters have retracted their letters in opposition and are now
supportive of the modification.
2
5. At the February 9`" hearing, the Board had suggestions
regarding the flow of traffic entering and exiting the structure
and asked to see a parking plan.
6. At the March BL" hearing, Attorney Weinman brought
various parking configuration plans for the Board to consider.
The Board, after reviewing the plans, considered the proposed
configuration of the thirteen (13) spaces, with three (3) of
these thirteen (13) located inside the building, and the
proximity of these spaces to the access to Polpis Road.
7. Accordingly, by a UNANIMOUS vote of the sitting Board,
the Board of Appeals made the finding that such a modification
in order to alter the preexisting nonconforming use to allow the
Locus to be used for motor vehicle sales and parking ancillary
to that use would not increase the nonconforming nature of the
use and would not be any more detrimental to the neighborhood
than the existing nonconformity and would be in harmony with the
general purpose and intent of the Zoning Bylaw with the
following conditions:
a. That the parking shall be configured as shown on
the site plan labeled, `Proposed Site =Plan, #10
Polpis Road in Nantucket, Massachusetts," dated
February 13, 2012, prepared by Earle & Sullivan,
Inc., attached hereto as ^Exhibit A ";
b. That there shall be green space and screening, as
shown on the Attached "Exhibit A ", in the Southwest
corner of the Locus; and,
c. That there shall be a fence along the portion of the
Locus that abuts Chatham Road as shown on the
attached "Exhibit A."
SIGNATURE PAGE TO FOLLOW
93
Dated: <<I IO , 2012
COMMONWEALTH OF MASSACHUSETTS
Nantucket, as. III I L , 2012
On this g 11 — day of, 2012, before me, the undersigned Notary Public, personally appeared
who is personally known to me, and who is 4c, person whose
name is signed on the preceding or attached document, and who acknowledged to me that 4ty signed it
voluntarily for its stated purpose.
1 CERTIFY THAT 20 DAYS HAVE ELAPSED AFTER
THE DECISION WAS FILED IN THE OFFICE OF THE
TOWN CLERK, AND THAT NO APPEAL HAS BEEN
JUN
Notary B rc: a r :t�L:a
My commission expires: ��111 jo14
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PROPOSED
I PARKING CALCULATIONS TABLE
$ o w
PROIgStD 5110'AROOM: 1 N IN'.
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1 11 9ATNROW 1190.
1 LI r ]111/900 -] SPALEg
. tl f .101 f, Y ` 4 UVLC FS: 3/4(Pwk) - 1 svAa
F� P TOTAL
SPACES REg1g1ED: 12
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OUTS AND/OR
L____/ 13 I ppp15 ROAD.
NNE OE PDIPIS RD. PIDTIED iNON W55. OPN'
UYOIR RECaRBED Al PLBK.1 s.PGAg.
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PaLm Rw
OVERLAY DISTRICTS: KAfaCw3i
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PUBLIC WELLHEAD: HARBOR WATERSHED
PROTECTION
CURRENT ZONING: V—R .
MINIMUM LOT SI7E: S.F.
MINIMUM FRONTAGE: 120..0
FRONTYARD SETBACK: 30 FT.
SIDE AND REAR SETBACK: 15 FT.
ALLOWABLE G.C.R.: 1011
E)USTING G.C.R.: 23.Bx
PROVIDED: 27% 3(E)OSTNG)
OPEN SPACE
OPEN SPACE PROVIDED: f(P
OPEN SPACE REWIRED: 20%
FOR
AND
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RELIES ON CUNT DEEDS KANNS OFFR D.
HEREON.
BY SHOWN
AS THIS
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PL I NOT IEDfi O B
OIAMMATION OR A RECORDABLE SURVEY.
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EXMMSIT A
REY75ED OT/OS/72
PROPOSED VIE PLAN
/10 PIXRS ROAD
PREPARED FOR'
DOW AO[EN AU70 SEANCE INC.
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TOWN OF NANTUCKET REc'I ED
BOARD OF APPEALS 2 ,j19 JnN 30 m S 58
NANTUCKET, MASSACHUSETTS digiKET TOWN CLERK
Date: January 29, 2014
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 038 -13
Owner /Applicant: DON ALLEN AUTO SERVICE, INC.
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with the office of the Nantucket Town Clerk.
An Appeal from this Decision may be taken pursuant to Section 17
of Chapter 40A, Massachusetts General Laws.
Any action appealing the Decision must be brought by filing a
complaint in Land Court within TWENTY (20) days after this day's
date. Notice of the action with a copy of the complaint and
certified copy of the Decision must be given to the Town Clerk so
as to be received within such TWENTY (20) days.
Eleanor W. Antonietti,
Zoning Administrator
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- 325 -7587.
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 54, Parcel 124
10 Polpis Road
Village Residential
DECISION:
Plan File No. 10937 -B
Certificate of Title No. 18,875
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on August 8, 2013, September 10, 2013, and October 10,
2013 at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board
made the following decision on the application of DON ALLEN AUTO
SERVICE, INC., of 24 Polpis Road, Nantucket, MA 02554, File No.
038 -13:
2. Applicant is requesting a Modification of the Special
Permit issued in Decision No. 105 -06, and more specifically
Decision No. 003 -12. The Applicant is seeking a modification to
the previously approved site plan and requests additional
special permit relief pursuant to Zoning Bylaw Section 139 -16E
to reduce the required open space to 16.25% where 20% is
required and where 23.7% was shown on the approved site plan and
Section 139 -19E to allow a driveway width of thirty -one (31)
feet where the maximum allowed is twenty -four (24) feet.
The Locus is situated at 10 Polpis Road, is shown on Nantucket
Tax Assessor's Map 54 as Parcel 124, is shown on Plan File No.
10937 -B, and title is registered as Certificate of Title No.
18,875 in the Nantucket County Registry District of the Land
Court. The property is zoned Village Residential.
3. Our decision is based upon the application and
accompanying materials, representations, and testimony received
at our public hearings.
4. Attorney Rhoda H. Weinman represented the Applicant at
the hearings. Attorney Weinman explained to the Board that the
Applicant is requesting a modification of the approved site plan
to reflect the as -built conditions and that additional relief to
waive the open space requirement of 20% and to allow a driveway
width exceeding the maximum allowance is also requested.
1
Attorney Weinman stated that during construction field changes
were made that were not intentionally in conflict with the
approval. The Applicant prefers to seek approval of the
changes, rather than modify the site improvements to match the
previously approved site plan.
5. At the public hearings, the Board initially had
concerns regarding the safety of the driveway width and
reduction of open space. The Board had serious reservations
about waiving the open space requirement where the required open
space could be provided. There was extensive discussion
between the Board and Attorney Weinman regarding these issues.
An opinion in favor of the driveway width for this type of
commercial use was provided by the Director of the Department of
Public Works. The open space waiver was discussed at length and
the Board determined that the streetscape improvement offered by
the Applicant along the frontage of the site, and partially
within the public right of way, outweighed the benefits of the
on -site open space to the rear of the building as shown on the
previously approved site plan.
6. Accordingly, by a 4 -1 vote of the sitting Board, the
Board of Appeals voted to APPROVE the requested relief based on
the following findings:
a. That the modification to the previously approved
site plan is consistent with the intent of the
previous decision;
b. That pursuant to Zoning Bylaw Section 139- 16E(3),
the Applicant has provided sufficient and
appropriate landscaping along the frontage of the
site, along with other open space within the site.
The benefits to the community and the neighborhood
from the reduction in open area requirements, will
outweigh benefits that would be derived from the
provision of the open area requirements as would
otherwise be required. The provision of off -site
landscaping elements and the commitment to maintain
the on and off site landscaping in perpetuity is
more beneficial to the community than the previously
approved open space to the rear of the structure;
c. That pursuant to Zoning Bylaw Section 139 -19G the
increased driveway width to thirty -one (31) feet is
in harmony with the purpose and intent of the Bylaw,
that full compliance with the width requirement
K
would result in less safe conditions entering and
exiting the site, and that the granting of this
relief is not contrary to sound traffic, parking or
safety considerations. The Board heavily relied on
the opinion of the DPW Director in making this
determination.
The Board's vote was also subject to the following conditions:
a. That the parking shall be configured as shown on
the site plan labeled, "EXHIBIT PLAN, #10 Polpis
Road in Nantucket, Massachusetts," dated October 4,
2013, prepared by Earle & Sullivan, Inc., attached
hereto as "Exhibit A ";
b. That there shall be green space and screening, as
shown on the Attached "Exhibit A ", in the Southwest
corner of the Locus; and,
c. That there shall be a fence
along
the portion of
the
Locus that abuts Chatham
Road
as shown on
the
attached "Exhibit A."
SIGNATURE PAGE TO FOLLOW
5
Assessor's Map 54, Parcel 124
10 Polpis Road
Village Residential
Dated: , 2014
Plan File No. 10937 -B
Certificate of Title No. 18,875
Susan McCarthy
COMMONWEALTH OF MASSACHUSETTS
Nantucket, as
On the day of 2014, before me, the
d {r5i ned n tary public, personally appeared
/// ww G 01,0&4 A_ one of the above -
named members of the Zoning Board of Nantucket, Massachusetts,
personally known to me to be the person whose name is signed on
the preceding document, and acknowledged that he signed the
foregoing instrument voluntarily for the purposes therein
expressed.
54 -229 54ye8
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NOTES AREA TO HE
LANDSCAPED AND
HYDROSEEDED WITHIN
POLPIS RD, IS APPROX.
1,400 - 1,500±S.F,
�1R'..+TrT
54-226
wr
EDVARD d VICKIE R. AKELANN
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PPPL07S 12 & 17 A r
IRE4= 20,00'0 S. 5 r
to mom,',
AND MOORMAMNN TO RSPECIPL PERMRCRECO9DE
AS LC.D0C. /137413.
DENOTES DOES NOT COMPLY WNN CURRENT
ZONING REOUIREMENR.
THE CURRENT CER119 OF TIRE DOES NOT
• OST ANY DOCUMENTS AFFECTNG THE PREMISES
t3.9'B REGARDING -AYOUR AND /OR MOORINGS Of
POI-PIS ROAD.
Rit Pave LINE OF POLPIS RD. PLOTTED FROM MASS. DPW
3 LAYOUT RECORDED AT PLBX.I5,PG.AB.
7 1 z - - --
FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN
RELIES ON CURRENT DEEDS AND PLANS OF RECORD.
VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON.
THIS PLAN IS NOT REPRESENTED TO BE A TITLE
EXAMINATION OR A RECORDABLE SURVEY.
E
FXH/B /T A"
EXN /B /7 PLAN
110 POLP /S ROAD
/N
NANTUCKET, MASSACHUSETTS
SCALD 1 " = 40'1 DA 7E-.- OCT. 4. 2013
DEED
PLAN
PREPARED FOR.'
DON ALLEN AU70 SERWCE INC
EARL£ & sILLev",, MG
PRQ'FS901NL LAAO SL4RI£)AYS
B HY/NCS MY
NANRAMET t60L 02551
POLOW .H ROAD
OVERLAY DISTRICTS:
PUBLIC WELLHEAD; HARBOR WATERSHED
PROTECTION
CURRENT ZONING:
V —R
MINIMUM LOT SIZE:
20,000 S.F.
MINIMUM FRONTAGE:
100 FT.
FRONTYARD SETBACK:
30 FT.
SIDE AND REAR SETBACK: 15 FT.
ALLOWABLE G.C.R.:
10%
EXISTING G.C.R.:
23.8E t
OPEN SPACE REWIRED:
20E
OPEN SPACE EXISTING:
18.25E t (PER APPROVAL OF THE NANTUCKET
ZONING BOARD OF APPEALS.)
FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN
RELIES ON CURRENT DEEDS AND PLANS OF RECORD.
VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON.
THIS PLAN IS NOT REPRESENTED TO BE A TITLE
EXAMINATION OR A RECORDABLE SURVEY.
E
FXH/B /T A"
EXN /B /7 PLAN
110 POLP /S ROAD
/N
NANTUCKET, MASSACHUSETTS
SCALD 1 " = 40'1 DA 7E-.- OCT. 4. 2013
DEED
PLAN
PREPARED FOR.'
DON ALLEN AU70 SERWCE INC
EARL£ & sILLev",, MG
PRQ'FS901NL LAAO SL4RI£)AYS
B HY/NCS MY
NANRAMET t60L 02551