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Home My WebLink About066-88.TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 July 29, 1988 Re: Decision in the Application of GLENN E. DASILVA (066 -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 TOWN NANTUCKET, DECISION: OF APPEALS OF NANTUCKET MASSACHUSETTS 02554 The BOARD OF APPEALS, at a public hearing on Friday, July 8, 1988 at 1:30 p.m. in the Town and County Building, Nantucket, made the following decision upon the Application (066 -88) of Glenn E. DaSilva of 18 Green Meadows, Nantucket, MA 02554. 1. Applicant seeks a Special Permit under zoning Code Sections 139- 9B(3)(a), (b), (c) and (g) to construct, occupy and operate a two - section garage and shop. Such use is for commercial storage of motor vehicles (without repair or servicing) and tradesman workshop and enclosed storage of goods, material, equipment and other tradesman personal property. Large quantities of harmful or hazardous fluids or substances will not be stored on the premises. The use will be for light manufacturing, fabrication and assembly of component parts for offsite construction or use in the building trade. In addition to these uses of the first floor, the building will have a duplex apartment on the second floor (for which this Special Permit is not required). Eight off - street parking spaces shall be provided. 2. The premises are located at 9 Salros Road, Assessor's Parcel 67 -105, Plan Book 22, Page 63, Lot 7 in the zoning district Residential Commercial -2. 3. Our findings are based upon the Application papers, a 6 -sheet set of site, floor and elevation plans dated 9/29/87 captioned "DASILVA - SALROS ROAD" (our Exhibit "A") and viewing, together with repesentations and testimony received at our hearing. 4. As we understand it, Applicant proposes to build a 2 -bay garage and, above it, two apartments constituting the second floor. Since the April 1986 Annual Town Meeting, two such second -floor apartments are allowed in the RC -2 District pursuant to added Section 139- 9A(15). This Application concerns the commercial uses, all of which are on the first floor. 5. Applicant's lot is at the easterly end of Salros Road, a cul de sac, and shaped along the front lot line by the `hammerhead' turnaround. Lot area is comparable to other Salros Road lots. Similar uses have been permitted on other such lots: see Special Permits 145 -86, 028 -87 and 029 -87. Applicant undertakes to comply with the Section 139 -16F requirement of 20% open area, the parking requirements of Section 139 -18 and specifically the screening per Section 139- 18F(1)(b). A loading area sufficient for Section 139 -19 purposes is shown on the site plan of Exhibit "A" centrally of the front yard. 6. The Planning Board's recommendation was favorable provided that two conditions are imposed, namely: (a) under Section 139- 9B(3)(g), only motor vehicle storage is permitted, not repair or servicing; and (b) all hazardous wastes shall be disposed of in accordance with the applicable laws and regulations of the Commonwealth of massachusetts and the Town of Nantucket. 7. As no opposition was heard, we find that grant of the requested relief is in harmony with the general purpose and intent of the zoning chapter when subject to these conditions. We further find that Applicant's proposed commercial use can be in conformity with the provisions of Section 139 -20A barring noxious uses. Continuing conformity is, of course, required. 8. Accordingly, by UNANIMOUS vote and subject to the foregoing i-idertakings and conditions, this Board GRANTS to Applicant the requested Special Permit to construct and to undertake the proposed commercial use, in substantial conformity with Exhibit "A ". Dated July,l <), 1988 -/-C�YA Z-' - William R. Sherman - 2 - s j NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, JULY 8, 1988 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Appli- cation of GLENN E. DASILVA (066 -88) seeking a SPECIAL PERMIT under SECTIONS 139- 9B(3)(a), (b), (c) and (g) to construct, occupy and operate a 2- section garage /shop for commercial storage of motor vehicles (without repair or servicing), and tradesman workshops and enclosed storage of goods, material, equipment and other tradesman personal property (not including large quantities of harmful or hazardous fluids or substances), e.g., for light manufacturing, fabrication and assembly of component parts for offsite construction or use in the building trade. Second -floor duplex apartment is proposed and 8 on -site parking spaces. The premises are located at 9 SALROS ROAD, Assessor's Parcel 67 -105, Plan Book 22, Page 63, Lot 7, zoned RESIDENTIAL - COMMERCIAL -2. Linda F. Williams, Secretary BOARD OF APPEALS f BOA Form 1 -87 1 No ; -_Le ABPEiC?&TIC�N'� NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") 1 Owner's name(s): Glenn E. DaBilva Mailing address: _ 18 Green Meadows, Nantucket, MA 02554 ;._Aiplicant's name same as above .Mailing'address: `Location of lot(s): Assessor's map and parcel: Map No. 0067, Parcel No. 105 Street address 9 Salros Road Registry kQcM, PL BK & PG, EUxR% 22/63 Lot _ 7 Deed tef. . 279/305 r -_•? .:Subdivision Roslyn Estates Endorsed 8 /23 / 82 ANR? No Date lot(s) acquired: 7 / 17/87 Zoning district RC -2 :,Number of dwelling units on lot(s): none Rental guest Looms none :Commercial use on lot(s): none MCD? none Building date(s): al-1 pre-'72 zoning? N/A or Building permit application-Nos. and dates none C of 0? none Case No(s). of dates all prior BOA-applications: _093 -87 (withdrawn without prejudice) 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 seeks a Special Permit pursuant to 139- 9B(3)(a), (b)', (c) and (g) to construct, occupy and operate as uses permitted by special permit a two (2) section garage /shop for tradesman_ workshops and commercial storage (without repair or servicing) of motor vehicles and enclosed storage of t adesmen s- go- `ohs`;'ma ei=la1;` egtripment-and- -other�-pi�!�sena-1 -p- r- operty abut not including large quantities of harmful or' hazardous fluids or substances) The ir`a_desman's uses are not specified but could inclurie licht maniifartiirina fnhrirntinn nnrl ,'_agsembly of component parts for off -site construction or use in the building trade. ie structure shall also contain a second floor duplex. Enclosures forming part of this Application: Supplement bo above >`Site/blot plan(s) x with present /proposed structures Locus map x Floor plans puese W proposed x Appea1:.record-' see above Needed: areas 9326 frontage 144 setbacks 2o/5 GCR% 50 parking data 8 spaces ,.:?.-.Assessor's certified addressee list (4 $ets): x i abels� 2.'. sets ) .._x . .g L _ >Fee check for $150.00 payable to Town of Nantucket x t'.Cap" covenant :I"certify that the requested information submitted is substantially complete =and true• to t best kn ledge; ..under pains : and 'penalties'.of perury� Signature: Applicant Attorney /Agent x (If not owne , show ya"/is for' authority