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Home My WebLink About044-88TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 June 3, 1988 Re: Decision in the Application of EDMUND J. RAMOS (044 -88) Enclosed is a notice of the 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 cc: Building Commissioner Planning Board Town Clerk BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, MAY 20, 1988 at 1:30 p.m. in the Town and County Building, Nantucket, made the following decision upon the Application of EDMUND J. RAMOS (044 -88) address Hooper Farm Road, Nantucket, MA 02554. 1. Applicant seeks a SPECIAL PERMIT under zoning By -Law SECTION 139 -33A to alter and extend a non - conforming commercial use in the RESIDENTIAL -10 zoning district. The existing uses include a plumbing shop, a gas storage and a well - drilling business. Proposed is the con- struction and commercial use of a new 2400 SF building for such businesses. 2. The premises are located at 5 RAMOS COURT, said to be a private way off Hooper Farm Road, Assessor's Parcel 55- 213.1, Plan Book 23, Page 21, Lot 4. Applicant also owns the plumbing business at a separate under -sized residential lot located at 9 York Street, Assessor's Parcel 55.4.1 -139 (Book 132, Page 382)'we understand that is where Appli- cxant principally conducts his plumbing business. 3. Our findings are based upon the Application papers including copy of plan of subdivision dated 2/25/85 and site and building plans, 3 sheets undated (our Exhibit "A "), and representations and testimony received at our hearing. 4. Applicant represents that, prior to the mid -1972 adoption of zoning, he conducted the noted three businesses on the Ramos Court par- cel prior to its subdivision. He affirms that at least storage activities were so conducted and these were generally localized on the portion of that parcel now subdivided into Lot 4. We are urged to validate con- tinued non - conforming use restricted to Lot 4 because equipment and materials will no longer be stored in the open or in other places, e.g., closer to Hooper Farm Road. In addition, Applicant was represented as willing to discontinue his related plumbing business at his York Street (044 -88) -2- lot, again a commercial use in a residential zone, along a much used in- Town street. 5. According to Applicant's counsel, the six off - street parking places shown on Exhibit "A" will fully meet the zoning requirement for the intended storage uses of the premises. No office or retail uses were noted and none shown on Exhibit "A ", but there would presumably be at least a business office. In any event, Applicant will necessarily have to comply with the zoning requirements as to parking, loading area and screening. 6. While we are assured that most storage will be inside the proposed new building or in tbe. existing 1344 SF quonset but and 400 SF shed, some vehicles and equipment or materials will likely be store & outside. To minimize the usual imp&c-t and possible neighborhood hazard, Applicant undertakes to locate all exterior commercial storage to the rear of the proposed new buiding on the surfaced area substantially as shown on Exhibit "A ". Except in the case of trucks or other veh ales, any such storage shall not have a height exceeding the height of the screening provided along the interior lot lines pursuant to Section 139- 18F(1)(b) and as provided for below. Applicant also offers to provide the 20% open space referred to in Section 139 -16F. 7. To support a favorable finding that the alteration and exten- sion of Applicant's commercial use will not be substantially more detri- mental to the neighborhood, the following conditions are imposed: (a) The alteration of the use formerly on the Ramos Road par- cel and now on Lot 4 is conditioned on no commercial use being conducted hereafter on any other of Applicant's lots in the subdivision, the use on all other lots being intentionally abandoned. (b) All of Applicant's York Street business activities will be transferred to his Ramos Road Lot 4 upon completion of the new build- ing and with in two months of issuance of a Certificate of Occupancy, with an intentional abandonment of all non - conforming commercial activities on his York Street lot; otherwise, Applicant shall not transfer any of such (044 -88) -3- activities to Lot 4. All or nothing. (c) This Special Permit shall be valid and remain in force only as long as commercial activities on Lot 4 do not become a Major Commercial Development. See Section 139- 9B(4), especially Subsection (a) [1][a]. (d) Year -round densely planted vegetative screening shall be maintained as a hedge around the interior lot -line perimeter of Lot 4 and extending across immediately in front of the new building, and low plantings across the front of the lot on either side of the driveway. (e) All commercial storage on Lot 4 shall be to the rear of the new building on the surfaced area shown on Exhibit "A ", and stored materials and equipment (other than vehicles) shall be kept below the height of the perimeter screening. (f) The changes shall be in substantial conformity with Ex- hibit ":1,r . 8. With these conditions, we are able also to find the relief in harmony with the general purpose and intent of the zoning chapter. We believe that neighborhood concerns are fairly answered and note that the Planning Board's recommendation was favorable. 9 Accordingly, by UNANIMOUS vote, this Board GRANTS to Applicant the requested SPECIAL PERMIT under SECTION 139 -33A to alter the non- conforming commercial use by restricting it to Lot 4 since the sub- division, to construct and use the new 2400 SF commercial building and, if Applicant wishes, to transfer his York Street business to Lot 4, all subject to the above -noted conditions. Dated: June 3, 1988 Nantucket, MA 02554 William R. Sherm te 1 Andrew J. Leddy. Jr. Dorothy D. Vollans A IE NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, APRIL 29, 1988 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of EDMUND J. RAMOS (044 -88) seeking a SPECIAL PERMIT under SECTION 139 -33A to alter and extend a commer- cial plumbing shop, gas storage and well - drilling business in the RESIDENTIAL -10 district (said to pre -date mid -1972 zoning), to allow construction and use of a 2400 SF building near the mid point of the NW side lot line. The premises are at 5 RAMOS COURT OFF HOOPER FARM ROAD, Assessor's Parcel 55- 213.1, Plan Book 23, Page 21, Lot 4 and are zoned RESIDENTIAL -10. i William R. Sherman Chairman BOARD OF APPEALS BOA Form 1 -87 ARPELCATION" NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") No., Q_a_?y owner's name(s): Edmund J. Ramos Mailing address: c/o Reade & Alger Prof. Corp Post Office Box 2669 Nantnrket MA n258a Applicant's name Mailing address: Location of lot(s): Assessor's map and parcel: 55 -213.1 Street address 5 Ramos Court Registry LC PL, PL BK & PC, PL FL 23 -21 Lot 4 Deed ref. 117 -298 Subdivision Yes; Planning Board File 2639 Endorsed 2 /25/85 ANR? No Date Lot(s) acquired: 9/4 / 57 Zoning district Residential -10 Number of dwelling units on lot(s): None. ' Rental guest rooms None. Commercial use on 10t(S): Plumbing shop; gas storage; well - drilling MCD? No. Building date(s): all pre -'72 zoning? Yes or Building permit application Nos. and dates C of 0? Case No(s). or dates all prior BOA applications: None State fully all zoning relief sought together with all respective Code sections and subsections, specifically, what you propose compared with present and what grounds you urge, for BOA to make each finding per Section 139 -32A if Variance, -30A if Special Permit, -33A if to alter or extend non - conforming use, or to reverse Building Inspector by ✓Appeal per -31A & B: Applicant requests relief by Special Permit under Zoning By -Law Section 13933.A (Expansion of Pre - existing Non- conforming Use) to enable construction and use of a building containing a2,400 squre feet of floor area, enableing consolidation of existing uses, and moving much exterior storage and parking inside. Existing non- conforming uses all pre -exist 1972 adption of the zoning by -law. Enclosures forming part of this Application: Supplement bo above Site /plot plan(s) x with present /proposed structures Locus map x Floor plans present /proposed x Appeal.record' Needed: areas frontage setbacks GCR% parking data Assessor's certified addressee list (4 sets): .Mailing labels)(2,s�ts)x Fee check for $150.00 payable to Town of Nantucket x "Cap" covenant I certify that the requested information submitted is substantially complete and true to Ahe bes of�ow edge, under pains and penalties of perjury.; JASignature: Applicant Attorney /agent x (If not owner, show basis for authority�to,7apply;) FOR OFFICE USE Application copies received: 4'(or only ) fo BO A One copy given Town Clerk I /�Z/ 1S, by Complete? One copy sent to Planning Board and to Building Dept. Q_--by 4_Fc�_J_ $150.00 check given Town Treasurer �41L/ff by Notices of hearing posted / _ mailed C�. /h /_ published Hearing(s) held on _ /_ /_ continued to _ /_ / _ /_ /_ withdrawn? Decision made _ /_ /_ filed with Town Clerk _ /_ /_ mailed See related files: application - litigation - other �f�0 /ice" ./ A / / -� N O T I C E A Public Hearing of the BOARD OF APPEALS will be held on Friday, APRIL 29, 1988, at 1:30 P.M., in the Town and County Building, Federal and Broad Streets, Nantucket, on the application of EDMUND J. RAMOS ( -88), seeking a SPECIAL PERMIT under Zoning By -Law Section 139 -33.A (Expansion of Pre - Existing Non - Conforming Use) to enable construction of a building containing 2,400 square feet, to be used in connection with existing plumbing shop, gas storage and well drilling business upon the premises. All of such uses are said to pre -date the 1972 effective date of the zoning by -law. The Premises are located at 5 RAMOS COURT (Assessor's Parcel 55- 213.1), Plan Book 23, Page 21, Lot 4, and are zoned as RESIDENTIAL -10. William R. Sherman, Chairman BOARD OF APPEALS