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HomeMy WebLinkAbout038-13 10 Polpis RoadPrinr Form I O -O f 3 � r APPLICATION ° ^1 r- N M Njz 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 A rn C� m_ M U v 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 Clerk:_/) Mailed: / / Hearing(s) held on:—/ i_Opened Commuedto: / / Withdrawn: /_ Decision Due By: _/ / Made:-7-7— Filed w /Town Clerk:_/ / /_Mailed:_ / 2 Nairgruurals Raed Nantucket Mnsaachoasua 02554 508 -228 -7215 telephone 508- 228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. n Y � 1 y pppp a, ♦ �a � c :e art, e i 9 °H � %. v � 4 v • 3 S : S ^ ROAD lze mall lox cort: 18875 Doc: MSP R,gislered: 06!18!201201:16 PM z o n z ^' -1 x c v n a z M r m w M 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 N -2t9 � SI�X6 .VI! 7M F NYPIR X NKWIEL .A f IMRIIM F RR£Y £D ✓ARD f V /[K2 k �MiL16W N BTM' W E 1 e 7 g 1 9 {OIS It ! I7 Atl11�EA000 3 � I 1 s nav rca PROPOSED I PARKING CALCULATIONS TABLE $ o w PROIgStD 5110'AROOM: 1 N IN'. • f n 06PECIgN !CLEWING ]f N4 W. 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 SWCm PRO.'0E4 1] m m f11+ ca.'n �w v > $$ IL _2 a .1, k $ T DDi 1f. Does NII ENFNIS PLY N CUPR— y 8 S $ $ i�pNm , # TK CURRENT CFAIRR/OE OP 1111E DOLS NOi u RMbEMNUSUs OUTS AND/OR L____/ 13 I ppp15 ROAD. NNE OE PDIPIS RD. PIDTIED iNON W55. OPN' UYOIR RECaRBED Al PLBK.1 s.PGAg. N sSSg'w E PaLm Rw OVERLAY DISTRICTS: KAfaCw3i p 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 1:�+A'P``•"'"' J)la RELIES ON CUNT DEEDS KANNS OFFR D. HEREON. BY SHOWN AS THIS A T E PL I NOT IEDfi O B OIAMMATION OR A RECORDABLE SURVEY. .1// / /J k Ifo EXMMSIT A REY75ED OT/OS/72 PROPOSED VIE PLAN /10 PIXRS ROAD PREPARED FOR' DOW AO[EN AU70 SEANCE INC. Iql F m 0 W N O n C T T a H O m O O O i� N O a g O O O u r :r3 � O •• m i m � m N O K O o z c N >J p y RI N K 9 N -NCI �- m O O y H n O v 2 >J Y g O O O u r :r3 P 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 wr N/F >MMtS F. RYDER, TR N)LWAEL l d MRYM C RILEY GM Millf ROAD Dob N STBS'05' E 100.00' Fob yam. h� a� Y 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 9 I PaMM1YVO _ �Y�ST 0 T sit. P—e. w VILE G <p j o� m 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