The URL can be used to link to this page

Home My WebLink About038-13 Don Allen Auto Service, Inc.RECEIVED EC C TOWN OF NANTUCKET 2014 JR R PSI S 58 BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 6�j5jlEl 11WN CLERK Date: January 29, 2019 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 90A, 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. ,e /Y Z_-_ 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 Plan File No. 10937 -B 10 Polpis Road Certificate of Title No. 18,875 Village Residential DECISION: 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. 039 -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 `i 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 3 Assessor's Map 54, Parcel 124 10 Polpis Road Village Residential Dated: n N AAA 2L, 2014 Plan File No. 10937 -B Certificate of Title No. 18,875 Susan McCarthy COMMONWEALTH OF MASSACHUSETTS Nantucket, ss On the 2iL day of 2014, before me, the ypdgrsigneG/ nary ary public, personally appeared / •� fl!;Q&4 1._i 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. 4 54 -229 54-228 N F N/F TNQ4AS F. RYD£R, T.P. NTCMEL 1 e NARTN9 C RILEY cm7mw N STSSYG' E 101 m BOARD E!L oS' a a T 10 BH. Pnve. Y v VOC Goa _ l38•x s 4 h tl� qN �. NZea r �> 4� �F NOTE- AREA TO BE LANDSCAPED AND HYDROSEEDED WITHIN POLPIS RD. IS APPROX. 1,400 - 1,500±S.F. !OTS 12R 17 4E4= 20,000 Sl Wt. Pave. 2 �PLantmM 1 PcLw OVERLAY DISTRICTS: .9 PUBLIC WELLHEAD; HARBOR WATERSHED PROTECTION CURRENT ZONING: 20, �I 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.: 23.85 t OPEN SPACE REQUIRED: 20R OPEN SPACE EXISTING: 18.25% t (PER NANTUCKET ZONING A PRDV OF THE BOARD FOR PROPERTY UNE DETERMINATION THIS PLOT PLAN RELIES ON CURRENT DEEDS AND PLANS OF RECORD, VERIFIED BY FEW MEASUREMENTS AS SHOWN HEREON. THIS PLAN IS NOT REPRESENTED TO BE A TITLE / EXAMINATION OR A RECORDABLE SURVEY. 54 -226 WE FBIvARD a VTCKTE R AKELNAN cN� i C`R �R a b NOTE: SEE SPECIAL PERMIT RECORDED AS LCOOC. /118 AND MOOIFlGTION TO SPECIAL PERMIT RECORDED AS LC.DOC. /137413. } DENOTES ODES NOT COMPLY WIN CURRENT ZONING REQUIREMENTS. THE CURRENT CERIIRCAIE OF TITLE DOES NOT LIST ANY DOCUMENTS AFFECTING THE PREMISES REGARDING IAYOUTS AND /OR WIDENINGS OF POLPIS ROAD. LINE OF POLMS RD. PLOTTED FROM MASS. OPN LAYOUT RECORDED AT PLBK.I S.PG.48. E Dm E)WI&r A" NANTUCKET, MASSACHUSETTS SCALE.'1 " =40' DATE.'OCT. 4, 2013 DEED REFERENCE. CERTJ18875 PLAN REFERENCE-LCPLP0937 —D PREPARED FOR: DON ALLEN AU70 SERWCE INC fi