Loading...
HomeMy WebLinkAbout094-85rH? "ION ti OF tiAN'll;CKET 0 1 f r• 1 �N' BOARD OF APPEALS L f w OR I NANTUCKET, MASSACHUSETTS 02554 October 29, 1985 Re: JOHN WALSH, JR. (094 -85) 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 0A of the General Laws, and shall be filed within twenty (20) days after this date. William R. Sherman, Chairman BOARD OF APPEALS BOARD OF APPEALS Tffi'N OF NANTUCKFT NANTUCKET, MASSACHUSETTS 02554 DECISION: At a Public Hearing of the BOARD OF APPEALS held on FRIDAY, OCT- ft OBER 18, 1985 at 1:30 p.m. in the Town and County Building, Nantucket, in the matter of the Application of JOHN WALSH, JR. (094 -85), address NObadeer Farm Road, Nantucket, MA 02554, the Board finds: 1. Applicant seeks a SPECIAL PERMIT under Zoning By -Law SECTION 139 -22(G) to use his property as a Licensed Junkyard. The property is a "pork- chop" shaped lot fronting on Hinsdale Road with narrow access - way to Nobadeer Farm Road at the rear of the corner lot (No. 144). The premises are Lot 143 of Plan 16514 -4, Parcel 23 of Assessor's Map 69m Cert. 9,155 in the RESIDENTIAL - COMMERCIAL -2 zoning district. 2. Based upon the Application papers, testimony, photoprints and letters received at the hearing, we find that Applicant has without permit or license accummulated a very large quantity of junk including automobile parts (a palleted stack of batteries) on the lot. This has been done without express consent of the co -owner of the property. 3. All letters and testimony (except one - an abuttor to the rear) was in opposition. Also received was a copy of legal opinion to the Board of Selectmen dated June 16, 1976 out lining applicability of a Class III Motor Vehicle Junk License to Applicant's type of operation. (If Applicant obtained a Class III license for auto batteries, would he qualify in all other respects as a Licensed Junkyard for Section 139 -22 purposes ?) 4. The Planning Board's recommendation was negative due to pro imity to the Aquifer Protection District, see Section 139- 14B(2). 5. We find that Applicant's junkyard use is one prohibited by Section 1.39 -20 absent proper storage of hazardous materials, e.g., associated with auto batteries. Continued use would be substantially (094 -85) -2- detrimental to the Public good, d-rogating from the intent and purpose of such By -Law chapter. 6. Accordingly, upon motion specifying all conditions applica- ble to the relief request, this Board UNANIMOUSLY voted in the NEGATIVE, thereby DENYING the relief requested. Dated: -- October 29, 1985 Nantucket, MA 02554 L-'. t' t.-. William R. Sherman L � y � Dorothy D. Vollans C_A'��" � � Q si:A L:�' C. Mar hall Bea NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, OCTOBER 18, 1985 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of JOHN WALSH, JR. (094 -85) seeking a SPECIAL PER under Zoning By -Law SECTION 139 -22 (G) allowing use of the premises as a licensed Junk- yard. The property is located at HINSDALE ROAD, LOT 143, PLAN NO. 16541 -Y, ASSESSOR'S MAP 69, PARCEL 23, CERT. 9155 and zoned RESIDEN- TIAL- COMMERCIAL -2. S � William R. Sherman, Chairman BOARD OF APPEALS AB- i F'EE $100.00 Case No. C) / APPLICATION TO THE BOARD OF APPEALS Nantucket, Massachusett To the Members of the Board of Appeals: The undersigned hereby a(Dplies for relief from the terms of (70': -i�:� BY -T.AW) (BUILDINC CODE) on property described below: r.ec tion of Property. MIUSPALF *P6/}6 4WWWAPb? �i�fRc L23 Lo,. Mo. 143- Plan No. —L�i �y —_ Di:,':rict is zoned for R--C, a _ Type of structure(Existing or Propose]) or proposed use: XJAIK xi _ Own(�r's Name j©h+w Wi94S�' -- Owaer's Address_ 31"r ' nAlLlAS- is tah n did you acquire this property? Has application been filed at Building Department? Has any previous appeal been made ?_ ! e, Section of By -Law or Code from which relief is requested: Reason for asking relief: SA , - 6 . _� % - J. L4A40h -- �'i irr °_ ">,r-W9 T.Ie- S -V.&- Signat e 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 T:,wn 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 YUYI Kn� Advertising dates Hearing date(s) Decision of Board Decision filed with the Town Clerk _ — TOWN OF NANTUCKET BOARD Or E:PPEALS L:_ �t of par•,ies in interest in the r..atter of the petit.::(-, *; o;:: Address 110 A�'Gi' d-Q-� Pruperty Address A P 71, rt A- P /* d .S' / y 0Gd S,>v'rA /ed. /7u/17ue /r.& 4 s"a�,h '0 9,'u %d Ton R z-. o z pyo , Laq.S 2 y i4/ 4c ho naq T-- CK.ci />;t.Sj. f- a, 4_< _) s T-e 'ti d m aRg OA,-r FZ,er, i fW /') -:: /e 7 t4, P o $,eX, T a I" n 0 46,q 11 4h -rLu c /" e—r j i�'Gr9h- d, C q%qq L C, L-,/ A - 9 . nanTu ci�4 Lin nt�Sph I certify the foregoing is a li-+- of persons do are one - of ]- abutting the pr�pe'ty,, owners of lay.' abutting } h� abutter— of land directly opposite the property any ect or way, ��'•, owners of land within 300 feet of tht proper. as they on the most recent applicable TAX list. D to Assessor I:Iown of Nantucket � C l6i,2Qj 61 ka1 G !' f L) •-L 6 y s-6 l =vim H�d� e s 'r dot ce- f- a, 4_< _) s T-e 'ti d m aRg OA,-r FZ,er, i fW /') -:: /e 7 t4, P o $,eX, T a I" n 0 46,q 11 4h -rLu c /" e—r j i�'Gr9h- d, C q%qq L C, L-,/ A - 9 . nanTu ci�4 Lin nt�Sph I certify the foregoing is a li-+- of persons do are one - of ]- abutting the pr�pe'ty,, owners of lay.' abutting } h� abutter— of land directly opposite the property any ect or way, ��'•, owners of land within 300 feet of tht proper. as they on the most recent applicable TAX list. D to Assessor I:Iown of Nantucket �