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Home My WebLink About146-86TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 December 1 ?, 1986 J-- Re: D AND B AUTO SERVICES, INC. FOR ITSELF AND OWNER LOWER PLEASANT STREET TRUST, EDWARD J. SANFORD, TRUSTEE (146 -86) 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. William R. Sherman, Chairman BOARD OF APPEALS BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, DECEM- BER 129 1986 at 1:30 p.m. in the Town and County Building, Nantucket, made the following Decision upon the Application of D AND B AUTO SERVICES, INC. FOR ITSELF AND OWNER LOWER PLEASANT STREET TRUST, EDWARD J. SANFORD, TRUSTEE (146 -86) address Pleasant Street, Nantucket, MA 02554. 1. Applicant seeks a SPECIAL PERMIT under Zoning By -Law SECTION 139 -22E for rental or lease of trucks, e.g., pick -up, one -ton platform, dump and /or cube type, accommodated within a standard car space. The premises are located at 41 SPARKS AVENUE, Assessor's Parcel 55- 267.4, Land Court Plan 35560 -F, Lot 18 in the RESIDENTIAL - COMMERCIAL district. 2. Our findings are based upon the Application papers and viewings together with testimony and representations at our hearing. Included in such record is a rough parking plan (our Exhibit "A ") for the site with parking spaces at the rear (northerly) lot line numbered "1" through "5 ". These are represented as conforming to the standard dimensions specified in Section 139 -18C. Also shown are potential parking spaces on a portion of adjoining Lot 17 (as to which Applicant claims a parking easement unlimited in time). These further spaces are available for the existing commercial use, otherwise to accommodate the off - street loading area, e.g., for gas deliveries, as required by Section 139 -19. 3. With the provision of new spaces 1 -5, substantially the entire lot area will be paved, covered by the building, or otherwise committed to a commercial use. Applicant's counsel assures us that we have juris- diction in this matter, See provisions of Sections 139- 9B(4)(a)(2) and (b). The existing auto service station use was undertaken pursuant to a Special Permit (034 -80) dated November 269 1980 under what are now Sections 139- 9B(3)(d) and (g) and applicable to then Lot 5 shown on Land Court Plan 35560 -C. The Assessor's data card is said to show 1400 SF of Commercial use. (146 -86) -2- 4. Applicant limited to 5 the number of rental trucks which may be on the premises at any given time so that the corresponding number of parking spaces 1 -5 may readily be all accommodated on Lot 18. At this level the Planning Board's recommendation was favorable. No opposition was heard. We find, therefore, that Applicant is entitled to a Special Permit, as such relief is in harmony with the general purposes and intent of the zoning chapter. Conditions as to screening are deemed inappropriate since the lot's frontage on Sparks Avenue and on a way (centered on the west lot line) must be kept open for traffic visibility, Finast will maintain screening on the east lot line of the parking easement area, and a car wash abuts to the north. The Newtown Cemetery is across Sparks Avenue. See Section 139- 18F(1). 5. Accordingly, this Board, by UNANIMOUS vote, GRANTS to Applicant the requested SPECIAL PERMIT under SECTION 139 -20E for the rental or lease of up to 5 trucks each no larger than fits in the standard car parking space. Dated: December 1$, 1986 Nantucket, MA 02554 r A - ,�xllav"- William R. Sherman C. Ma shall Be le Dale W. Waine TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 December 1F, 1986 Re: D AND B AUTO SERVICES, INC. FOR ITSELF AND OWNER LOWER PLEASANT STREET TRUST, EDWARD J. SANFORD, TRUSTEE (146 -86) 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. William R. Sherman, Chairman BOARD OF APPEALS 1y/ / ,t�Z, /litf invw �,�ilv BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, DECEM- BER 129 1986 at 1:30 p.m. in the Town and County Building, Nantucket, made the following Decision upon the Application of D AND B AUTO SERVICES, INC. FOR ITSELF AND OWNER LOWER PLEASANT STREET TRUST, EDWARD J. SANFORD, TRUSTEE (146 -86) address Pleasant Street, Nantucket, MA 02554. 1. Applicant seeks a SPECIAL PERMIT under Zoning By -Law SECTION 139 -22E for rental or lease of trucks, e.g., pick -up, one -ton platform, dump and /or cube type, accommodated within a standard car space. The premises are located at 41 SPARKS AVENUE, Assessor's Parcel 55- 267.4, Land Court Plan 35560 -F, Lot 18 in the RESIDENTIAL - COMMERCIAL district. 2. Our findings are based upon the Application papers and viewings together with testimony and representations at our hearing. Included in such record is a rough parking plan (our Exhibit "A ") for the site with parking spaces at the rear (northerly) lot line numbered "1" through "5 ".. These are represented as conforming to the standard dimensions specified in Section 139 -18C. Also shown are potential parking spaces on a portion of adjoining Lot 17 (as to which Applicant claims a parking easement unlimited in time). These further spaces are available for the existing commercial use, otherwise to accommodate the off - street loading area? e.g., for gas deliveries, as required by Section 139 -19. 3. With the provision of new spaces 1 -5, substantially the entire lot area will be paved, covered by the building, or otherwise committed 'to a commercial use. Applicant's counsel assures us that we have juris- diction in this matter, See provisions of Sections 139- 9B(4)(a)(2) and (b). The existing auto service station use was undertaken pursuant to a Special Permit (034 -80) dated November 26, 1980 under what are now Sections 139- 9B(3)(d) and (g) and applicable to then Lot 5 shown on Land Court Plan 35560 -C. The Assessor's data card is said to show 1400 SF of Commercial use. (146 -86) -2- 4. Applicant limited to 5 the number of rental trucks which may be on the premises at any given time so that the corresponding number of parking spaces 1 -5 may readily be all accommodated on Lot 18. At this level the Planning Board's recommendation was favorable. No opposition was heard. We find, therefore, that Applicant is entitle a Special Permia as such relief is in harmony ith the genera �po�ses and intent Y g . of the zoning chapter. Conditions as to screening are deemed inappropriate since the lot's frontage on Sparks Avenue and on a way (centered on the west lot line) must be kept open for traffic visibility, Finast will maintain screening on the east lot line of the parking easement area, and a car wash abuts to the north. The Newtown Cemetery is across Sparks Avenue. See Section 139- 18F(1). 5. Accordingly, this Board, by UNANIMOUS vote, GRANTS to Applicant the requested SPECIAL PERMIT under SECTION 139 -20E for the rental or lease of up to 5 trucks each no larger than fits in the standard car parking space. Dated: December 11, 1986 Nantucket, MA 02554 /�'��'/� William R. Sherman C. Ma shall Be le 7 t Dale W. Waine NOTICE -Wi rd A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, DECEMBER 12, 1986 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Applica- tion of D AND B AUTO SERVICES. INC. FOR ITSELF AND OWNER LOWER PLEASANT STREET TRUST, EDWARD J. SANFORD, TRUSTEE, (146 -86) seeking a SPECIAL PERMIT under SECTION 139 -22 E (auto rental agency) to rent or lease trucks, e.g., pick -up, one -ton plat- form, dump and /or cube type, up to ten, without relief from the off - street parking requirements. The premises are located at 41 SPARKS AVENUE, Assessor's Parcel 55 -267.4 (owned in common with 267.2 and 267.5) Land Court Plan 35560 -F, Lot 18 in the RESIDENTIAL - COMMERCIAL district. William R. Sherman Chairman a , BOARD OF APPEALS Case No. -00.00 APPLI-CATION TO THE BOARD OF APPLALS) NaIA-lick et, "'Massachusetts To Liv-1 Mer"bers of the Board of Ap-,')eals: The undersigned hereby applies for relief from the terms of the (:;ON1N'G BY -LAW) (BUILD-ING CODE) on property d(fscribcd below: 1-0c,ltion of Pi '167. 4 Lfof No. -18, L,and Court 10,1ai-, 35-�-0 -F AU-w:44 A, sessur's Map7,5,' arcel Listrict is zoned for ReSld'Iltlal— COl1RIE C1. -11 T \' , , -1 pz? of structure (ExjgtjAjX0TKV -XTj MW -)r proposed usepulditiona-t- con--,m-�rciai use I)x ( - tivr' s Name sj_.r_ .- -�--Lp-p-Lj --ei g t ;- D &- B -Luia. LLB , 1 -Lf, P L.0 --t- 1--viier's Address c/(.) Edward J. Sanford, 'Piustee.. Pleasant Street, Nant-utckel,... "'i ►4wn did you acquire 16--his property-, application been filed at Building Depirtpient?—., o H,is .-my provious appeal been made? of By-Law or Code from which relief is re(juested:_______.__ 39-22 L and 13, tor asking C'S 4 r C, rj t 0 r 1P 3 s e { trucks and 7A cube va�,os -uiD -truct 'Inc. rliov, usnd .�s a service c c-� cs t a rom the site of & auto c,r 1 ?e I C e. -3 0 n 'c (3 Or 1 0 1 S e d S 1 -1 (A 1 ti C' L e x C 0 r?'-' C, 1l . Tkpplicasst p�rnli, re11e is reqUesteo. S (141atuLe of PP110EInt TOWN OF NANTUCKET BOARD OF APPEALS List of parties in interest in the matter of the petition of: Name Lower Pleasant Street Trust Address Pleasant Street, Nantucket, MA 02554 ;,,,Property Address Sparks Avenue c . CZ a5?�10 I.certify the foregoing is a list of persons who are owners of land abutting the property and owners 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. Date ►, Y KIP / • �7 ket 0 14-1 ... ... ........ .... .... .. .... . ..... ........ ........ ... .. .... .... .... ..... - e, ° °" Al. w / OM LAW OFF �FS i HIQLaAES, HAYS & F;TZGE-_s —JALE) 5 CENTFP STF,,-� �r MAN-, UC;{t- T, MAS,5, 02554 C(Opy '1 WAYNE r HowmES WILLIAM H. HAYS al JULIE A. FITZGERALO Mr. William Sherman, Chairmari Board of Appeals Town and County Building Nantucket, MA 02554 RE: Application for a Special Pormit Property: 41 Sparks Avenne Owner: Lower Pleasant Streek liusL Applicant: D & B Auto Services, inc. Dear Mr. Sherman: Enclosed for filing please find thn following: 1. Application plus three (3) copies; 2. Certified Abutter's List plus three (3) copies; 3. Owner's letter authorizing application. A check in the amount of $150.00 to over the filing fee is also enclosed. -PEA COOC Q 7 210 Oise 4/ Please schedulu this matter Eau hearing on December 12, CSCi Vary truly yours, j,"C" "A CC: Mrs. Madelyn Perry, Town Cinrl, WAYNE F HOLMES WILLIAM H. HAYS nl JULIE A. FITZGERALD LAW OFFiCFS HAYS & FITZGERALD 35 CENTER STREET NANTUCKET, MASS, 02554 November 21. , .1')80 Mr. William, Sharmaa, Chairman Board of Appeals Town and ('runty Bui- Ldiig Narft�uc,ket, MA RE: App I i u-,'a ti-on for a - )pecial Property: Scarks Avenues Owner: ll,c?wec Plca,,'ant troc, t. r US I ,N pp c a r-t. D & !'J Auto S e r ices, Inc. Dear :,lr. Sh, -rma Enclosed --I- o r f i I i I i c, pl e cas e i n 0, t f o I owing 1. Applica-c']L.'n -pl,,s �3 col-) �- i e s; AREA 22EI 2. C e r t i f i e 6 A b u, 't L, e r List plus t, r i- +' ( -3 ) j cop i 'u 3. Owner s I e t t e r a i i thO - i z i n g a :),,) I I c a t i o n . A check in the amount cover the filing fee is al,s(,-j encluls'e6i. Plea-e schedule i'_riis ji-iL-'ttPr for hea inc -j on December 12, 1936 Very truly yours L J d;� L il 6X r u I cl cc: Mr; . %I a d 11, V!" P c" 1, L T w rI C C", r 1, Ali-1 FEE $100.00 Case No. APPLICATION TO THE BOARD OF APPLALS I Nantucket, Massachusetts To the 11-lembers of the Board of Appeals: *rne undersigned hereby applies for relief from the ter►tis of the (ZONING BY-LAW) (BUILDI'NG CODE) on property described below: kocation cif Property_ 41 Spa 1'ot ?Jo. is,, Land Court Plan 35560-F A?d�CiE4kx. Assessor's Map55,Parce1 267.4 District is zoned for Residential-Commercial of proposed usev,'diitionai commercial Owner's qf-rL�c,�t- Trjc� Annj use Address Edward J. Sanf,,-jrd, '1'rustee, 1.1leasan' Street, Nantucket. N sdhon did you acquire this property?----- .'ipplication been filed, at Building Department? il►s any proViC)Us appeal been made? No +_,cti,jn of By-Law or Code from which relief is req Lies ted: for ot:;kiny relief :Appl.i cant ?-)ropuses to rent or lease trucks iicludjnq pic%--up tr'L.iocs, 011e tor; platform/dump tru(-,,1 --3 a,,,d 'oL- cubs- vans from the site of D & B auto Services, Inc. now used as a Sr__rV . 4 Lce stati3n. TI-e prouosed numbr2r of vehicles 11-.o be rent,(. A' or le-Ased shall not exceed ten. Applicant h,is adequato on-s-ite p,icki_nq. Speciz -1 permit r e 11 s requested. signa tut of arjplicant i_t1zera!d attorney 'Tulie A. /for D F, '.R Aiif-n -P iF MMO,dm ux� JF' zi November 20, 198G Mr. William Sherman, Cniirmaz Board of Appeals Town and County Building Nantucket, MA 02554 RE: Application of D & H Auto Services, Inc. Property: 41 Sparks Avenue Dear Mr. Sherman: The owners U me above property have auLhorN"u,' D & P auto Services, Inc <e proceed YiLh au application to the Board oC Appeals for relief pursuant to Section 139-22 or for such oLhpr relief as may be necessary for a truck rcntal- business 50wor Ploa»anL Street Trust Pl c' C y TOWN OF NANT UC KI E 11, I BOARD OF APPEALS List of parties in interest in the jnatt(,jr of the petition of: Name _ Lower Pleasant Street Trust Address Pleasant Street, Nantucket MA —0 2 52 4 Property Address Sparks Av�21-tuc, certify the foregoi,,, *�3 j, ],. t land abuttil-19 the proper t' who ai:e -Y and o' �irecLjy the property on any street or r,fjjte 300 feet of the propert%r, w 111(1 014jiers r-)f land witt" 3PPlicable ta CIS thoy ap i-in x list. [)ear on t--11(> recent Z K C) T, Of Nj a� Abutters List Lower Pleasant Street. Trust, Assesors Map 55, Parcel 267.4 M�2_55 145 149 149.1 233.1 233.2 234.5 234.6 240 241 266 267 26e`. 267,.2 267.3 x.67. 267.6 267.7 267.8 2 #a % . 9 268 __ _ _ .. �; h°+_ +^3i +> X � �,F �� _F ..._ . �. __.._..� _ ,. _ _ - ___ - ,. ;. ,: _. _. _ __ ;.: ,. . 15 ef j l V c,