HomeMy WebLinkAbout078-84.Y-
�►NT�'!� TOWN OF NANTUCKET
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BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
November 30, 1984
Re: EDWARD J. STROJNY (078 -84)
Enclosed, please find notice of a decision of the BOARD
OF APPEALS which has this day been filed with the Town
Clerk.
Any appeal from this action shall be made pursuant to
Section 17 of Chapter 40A of the General Laws, and shall
be filed within twenty (20) days after this date.
BOARD OF APPEALS
William R. Sherman, Acting Chairman
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
DECISION:
In the matter of the Application of EDWARD J. STROJNY, SR.
(On behalf of EDWARD J. STROJNY, JR., lessee) (078 -84), at a
meeting of the BOARD OF APPEALS held at 1:30 p.m. on Friday, Nov-
ember 2, 1984, and continued to 1:30 p.m. on Friday, November 16,
1984, at the Town and County Building, Nantucket, the Board enters
the following Decision and makes the following findings:
1. This is an Application for a SPECIAL PERMIT under SECTION
71.1 of the Zoning By -Law (extension or alteration of a prior non-
conforming use), granting relief from the provisions of SECTION 4
C 2 (c) (2) (use regulations) and SECTION 6F5 (auto rentals) of the
Zoning By -Law. If granted, the Applicant would be permitted to store
and sell bricks, blocks and similar construction materials and to
rent automobiles upon the subject premises, which are now being used
as a repair garage for trucks and cars and other related activities.
the subject premises consist of Lot 28 on Land Court Plan 26439 -G,
are located at FOUR PINE GROVE DRIVE and are zoned as RESIDENTIAL -10.
2. Based upon the Application and the Materials and testimony
presented at the Public Hearing, the Board finds that the subject
premises were acquired by Edward J. Strojny, Jr. on March 2, 1972
and that he immediately thereafter commenced use of the subject pre -
4 mises in as expansion of an existing automobile and truck repair
facility then conducted by Mr. Strojny, Jr. on the adjacent parcel,
where he resided, as a home occupation. Mr. Strojny, Jr. then applied
to the Nantucket Historic District Commission for a Certificate of
Appropriateness to permit the construction of a 30' x 38' garage
upon the subject premises which was approved on May 26, 1972. Within
a week thereafter, Mr. Strojny, Jr. commenced the construction of
the garage, which was completed and placed in use by September of
1972. Meanwhile, the subject premises were used in connection with
the automobile and truck repair business throughout the period of
construction of the garage. At the March 1972 Town Meeting, the
(078 -84) -2-
Nantucket Zoning By -Law was first adopted by the Town; under General
Laws, Chapter 40A, as effective prior to the enactment of Chapter 808
of the Acts of 1975, the Zoning By -Law did not take effect until its
approval by the Attorney General in July 1972. The automobile and
truck repair business has been, ever since the effective date of the
Zoning By -Law, a prohibited use in the zoning district where the sub-
ject premises arz located. The Board finds the truck and car repair
use in existence before the effective date of the By -Law which renders
such use non - conforming, within the scope of Section 7I.1 of the By-
Law.
3. The subject premises were conveyed by Mr. Strojny, Jr. to
Mr. Strojny, Sr. in 1975. The non - conforming use of the subject
premises for automobile and truck repairing has continued without
interruption from 1972 to the present time.
4. The Applicants represent, and the Board finds, that Mr.
Strojny, Jr. has commenced to rent automobiles from the subject pre-
mises, replacing his former custom of providing repair customers
with temporary vehicles without charge. He has also commenced the
transportation of building materials (primarily bricks and blocks)
from the mainland, and certain of these building materials which
are not delivered directly to the customers are stored and sold upon
the subject premises. The Applicants state that they were unaware
that such uses of the subject premises were not permitted and that
they made this Application for relief after being served with a
Stop Order by the Building Inspector, acting as the Zoning Enforce -
ment Officer under the By -Law.
5. The Applicants, at the Public Hearing, withdrew so much
of their Application as related to the use of t'ht subject premises
for rental of construction equipment. They further, at said Hearing,
publicly agreed to the following conditions for the granting to them
of a Special Permit for the conduct of sale and minimal storage of
said construction materials and rental of automobiles upon the subject
premises:
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(078 -84)
-3-
a. Hours of operation will be limited
to the period between 7:00 a.m. and 9:00
p.m. in each day.
b. The Applicaats shall construct a
five -foot high fence along the southerly
boundary of the subject premises to screen
ac t4 thereon.
c. Not more than five rental cars will
be kept upon the subject premises at any
time.
d. No trucks, trailers, or tractor -
trailer combinations with an overall length
greater than thirty feet will be stored
upon the subject premises.
e. Not more than two trucks shall be
stored upon the subject premises at any
time, other than those that are related to
the truck and car repair use of the garage.
f. No vehicles are to be parked upon
Pine Grove Drive, except that vehicles may
be parked (but not double - parked) in Pine
Grove Drive along the boundary of the sub-
ject premises, but not on the other side
of Pine Grove Drive or elsewhere upon Pine
Grove Drive.
g. In the event that this Board shall
at any time determine that any condition
of this Special Permit has been violated
by the Applicants or their successors, this
Board may, at any time upon a Hearing, re-
voke this Special Permit or impose such
other and further conditions as it may
deem appropriate.
6. The Board finds, based upon a review of the Application,
supporting documents, plans, testimony, correspondence and a viewing
of the subject premises, that the proposed continuation /alteration
by the Applicants of their non - conforming use of the subject premises
for the storage and sale of construction materials and the rental of
(078 -84) -4-
automobiles, done in conformity with the conditions herein set
forth, will not be substantially more detrimental than the existing
non- conforming use for automobile and truck repairing and associated
activities. In fact, the Board finds that the proposed uses will be
less detrimental to the neighborhood than the present uses, in that
storage and sale of said construction materials and rental of auto-
mobiles are less offensive activities in a residential district than
the prior repairing of automobiles and trucks and associated activi-
ties in their overall impact upon the surrounding area. Therefore,
the proposed change is in harmony with the general purpose and intent
of the By -Law. Truck and trailer storage are limited by Section 6D
of the Zoning By -Law.
7. The Board is very reluctant to condone any uses undertaken
in violation of the By -Law, but in this case, recognizes that the
scope of the conditions of this Special Permit will provide a benefit
to the neighborhood.
8. For the reasons and upon the conditions set forth, the
BOARD OF APPEALS hereby GRANTS the Applicants relief under SECTION
71.1 of the Zoning By -Law from the provisions of SECTION 4 C 2 (c) (2)
and SECTION 6F59 by a SPECIAL PERMIT, by a UNANIMOUS vote.
Dated: November 30, 1984
Nantucket, MA 02554
William R. Sherman
Eileen I. Cahoon
NOTICE
A Public Hearing of the BOARD OF APPEALS will be held
on FRIDAY, NOVEMBER 2, 1984, at 1:30 p.m. in the TOWN AND
COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the
Application of EDWARD J. STROJNY, SR. ON BEHALF OF EDWARD J.
STROJNY, JR. dba TED'S GARAGE (078 -84) seeking a SPECIAL
PERMIT under SECTION 7I.1 (change or alteration of a pre-
existing non - conforming use) of the Zoning By -Law. If granted
the Applicant would be permitted to sell bricks, blocks and
other construction materials and to rent construction equip-
ment and other vehicles on the premises, with minimal on site
storage. The premises are currently being used as a repair
garage for trucks and cars and other related activities and
is located at 4 PINE GROVE DRIVE and is zoned RESIDENTIAL -10.
BOARD OF APPEALS
William R. Sherman, Acting Chairman
AB -1
$100.00 E Case No.
F F
I
APPLICATION TO THE BOARD OF APPEALS
Nantucket, Massachusetts
To the Members of the Board of Appeals:
The undersigned hereby applies for relief from the terms of the
(ZONING BY- LAW)(BUILDING CODE) on property described below:
Location of Property ?, n awe., brioe,
Lot No. Plan No.
District is zoned for Q
Type of structure(Existing or Proposed) or proposed use e (�j
Owner's Name �C7C C,t.�Otlr � � S�ro)� �� C-P yx to I f- of- C 3. J* L�.
Owner's Address S When did you acquire this roperty? i 73
Has application been filed at Building Department ?C�
Has any previous appeal been made? /00
Section of By -Law or Code from which relief is requested:
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Reason for asking relief:
r) -e
A�_& 60( -MOCK- X fir refZUIr. Signature'of applicant
ATTACH: (1) A list of the names and addresses of each abutting owner
and owner abutting the abutters, and owners within 300 feet.
(2) A check in the amount of $100.00 made payable to the Town
of Nantucket.
(3) Four copies of the application and a map or plan showing
the location of the property to be considered.
(4) If the applicant is other than the owner, please indicate
your authority to make this application.
BOARD'S DECISION
Application submitted to Board ) i
Advertising dates
Hearing dates)
Decision of Board
Decision filed with the Town Clerk
TOWN OF NANTUCKET
BOARD Of APPEALS
List of parties in interest in the matter of the petition of:
Name Edward J. Strojny Sr.
Address 12 Sparks Avenue
Property Address
4 Pine Grove Ln.
See Attached List
I certify the foregoing is a list of persons who are owners of land
abutting the property, owners of land abutting the abutters, ovine,
of land directly opposite the property on any street or way, and
owners of land within 300 feet of the property, all as they appear
on the most recent applicable TAX list.,
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Date Assessor
Town of Nantucket
„3 Viera Joseph L
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""'19 3 Newtown Rd.
Nantucket, Mass. 02554
0067 -233 Coury Edward P. & Theresa
689 County St
New Bedford, Ma 02740
0067 -234 Santos Beatrice D Life Estate
72 Surfside Rd.
Nantucket, Mass. 02554
0067 -235 Ferreira Louis & Eleanor
74 Surfside Rd.
Nantucket, Mass. 02554
0067 -237 Starr Lionel J & Penny S.
78 Surfside Rd.
Nantucket, Mass. 02554
0067 -240 Papale John L Jr & Lee A.
6 Pine Grove Ln.
Nantucket, Mass. 02554
0067 -241 Lamb Stephen & Marla (JT)
8 Pine Grove Ln.
Nantucket, Mass. 02554
0067 -243 Egan Robert F.
9 Pine Grove Ln.
Nantucket, mass. 02554
0067 -244 Egan James F. Jr.
7 Pine Grove Ln.
Nantucket, Mass. 02554
0067 -245 Murphy Paul G & Ann H
5 Pine Grove Ln.
Nantucket, Mass. 02554
0067 -246 Raab Drew T. & Donna K.
3 Pine Grove Ln.
Nantucket, Mass. 02554
0067 -247 Duarte James A. & Naomi J.
11 Surfside Dr.
Nantucket, Mass. 02554
0067 -248 Herrick Richard R. & Doris A.
9 Surfside Dr.
Nantucket, Mass. 02554
0067 -249 Nantucket Distributing
2 Dias Rd.
Nantucket, Mass. 02554
0067 -250 Derr Gary D. & Geraldine S. (TE)
4 Dias Rd.
Nantucket, Mass. 02554
0067 -331 ';acrina Saverio
12 Surfside Dr.
Nantucket, Mass. 02554
0067 -332 Psaradelis Steven E. & Leeann
70 Union St.
Nantucket, Mass. 02554
0067 -333 Beamish Michael J. & Susan
8 Surfside Dr.
Nantucket, Massa 02554
0067 -363 Arnold mark D. & Paula
161 Orange St.
Nantucket, Mass. 02554
0067 -364 Von Kampen Robert
4 Polpis Rd.
Nantucket, Mass. 02554