HomeMy WebLinkAbout114-88I(q -s'R
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
January 31, 1989
File No. 114 -88
To: Parties in interest and others
Re: Decision in the Application of:
PHYLLIS MAYHEW
Enclosed is the decision of the Board of Appeals which has this
day been filed with the Nantucket Town Clerk.
An appeal from this decision may be taken pursuant to Section 17
of Chapter 40A, Massachusetts General Laws. Any action appealing
the decision must be brought by filing a complaint in court within
twenty (20) days after this date. Notice of the action with a copy
of the complaint and certified copy of the decision must be given
to the Town Clerk so as to be received within such twenty (20)
gays.
ca/ , Okrd
William R. Sherman, Chairman
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,
January 13, 1989 at 1:00 PM at the Town and County Building,
Nantucket, Massachusetts made the following Decision on the
Application of PHYLLIS MAYHEW (114 -88) with an address of 135
Old South Road, Nantucket, Massachusetts 02554.
1. Applicant seeks a modification of Special Permit 101 -86
granted October 9, 1986, as that decision modified Special
Permit 062 -84 granted October 15, 1984 under Section
139- 9B(3)(b), (g) and (h) and Section 139 -22E. The premises are
135 Old South Road, Assessor's Parcel 68 -46.6, Lot 42, Land
Court Plan No. 14342 -N, and zoned RESIDENTIAL COMMERCIAL -2.
2. Our findings are based on the application papers and
plans, testimony and representations received at our hearing.
Applicant is seeking relief from the condition of the prior
Special Permits that there be "no rental or storage of trucks
other than the owner's own truck ". Applicant seeks to rent a
mix of passenger vehicles and single rear axle trucks.
3. �-, The parking plan attached hereto as Exhibit A shows 17
spaces, 7 of which are required by the parking tables in Section
139 -18I. The remaining spaces are available for the rental
business use. The area behind the western building is
delineated on Exhibit A as storage for outside storage of rental
items. Immediately in front of therv� stern building is an area
marked display for the display during working hours of various
rental merchandise. The Applicant will maintain at least 20%
open space. Applicant stated that the parking and driveway
areas will be improved to an asphalt ( "blacktop ") surface.
4. No opposition was heard to the application. The Board
finds that the rental of trucks proposed by the Applicant will
be in keeping with the other rental activity on the site and
activities in the neighborhood in general upon the following
conditions:
a. Outside overnight storage of rental merchandise other
than passenger cars shall be located within the area marked
"storage" on Exhibit A;
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b. All display of rental equipment/ In front of the Gvastern
structure shall be limited to the areaAmarked "display" on a
plan attached hereto as Exhibit A, thereby maintaining the 20°
open space required free from the display of merchandise;
C. No more than four (4) single rear axle trucks shall be
rented from the premises and no more than a total of twelve
rental vehicles in all are permitted (,6
d. The driveway and parking area shall be surfaced within
one (1) year of the date of the filing of this Special Permit
with the Town Clerk; and
e. The premises shall be screened in accordance with
Section 139 -18F.
5. Accordingly, by UNANIMOUS
Applicant the requested relief by
premises as proposed substantiall y
attached as Exhibit A, subject to
DATED: January .3 f , 1989
Nantucket, Massachusetts 02554
and #16
VOTE, this Board GRANTS to the
SPECIAL PERMIT to use the
in compliance with the plan
the above - stated conditions.
William R. She an
Lelchter
Mic ae O'Mara
NANTUCKET ZONING
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
November 23, 1988
NOTICE
A public hearing of the Board of Appeals will be held
on Friday, December 9, 1988, at 1:G.0 p.m. in the Town
and County Building, Nantucket, on the Application of:
PHYLLIS G. MAYHEW
Board of Appeals File No. //�-88
seeking a modification of her prior Special Permits 062 -84
and 101 -86 to allow the rental of trucks in addition to
other present and allowed rental businesses, without
having more than a total of 12 rental vehicles, passenger
and truck, and without increasing the number of off - street
parking spaces, on the premises.
The premises are at 135 Old South Road, Assessor's
Parcel 68 -466, Land Court Plan 1432 -N, Lot 42, zoned
Residential Commercial -2.
yzo
William R. Sherman, Chairman
non Form 1 -87 No.. a4— off
A1'ipnchnoN
NAN'ruCKET 'ZONING BOARD OF APPEALS ( "BOA ")
' )wile r' s name (s) : Phvllis G. Mavhew
Mailing address: 135 Old South Road, Nantucket
• \I >pl i.canC's name Same - -- - - - - -- —
`la i 1 iug Address: Same _— _------- _ -_ - -_ _ —_ - - -- --
I.ocaLion of lot(s): Assessor's nurp and Parcel.: 68 -466
SLreet address 135 Old South Road
Registry LC PL, NxxUx)&xbW$xxIlC x1X. 1432 -N -- Lot 42 _ AXWW re f . 11859
Subdivision 1•:11dorsed ANR7
Dale lot(s) acquired: — /_/ 1983 %oni.ng d _ district R C2
Number of dwelling units on IoL(s): 2 Rental glIest rooms 0
Commercial use on lot(s): Rental Business and incidental warehouse MCD7
Building date(s): all pre -'72 •r_oning7 no — - -or - --
Building permit application Nos. and dale: * C of 07
Case No(s). or dates all prior BOA applications: 62 -84 and 101 -86
';Late fully all zoning relief sought together with a11. respective Code sections
and subsections, specifically, wharf: you propose compared with present and
what grounds you urge, for BOA Lo marke each finding per Section 139 -32A if
Variance, -30A if Special Permit, -33A if to alter or extend ,oil- conforming
S)se, or to reverse Building Inspector by%,Appeal per -31A R IS:
i
Applicant Ga ka'a modification of her existing Special Permit (62 -84 and 101 -86) to allow
the rental bf trucks in addition to current rental business conducted on the premises.
Applicant proposes�to have no more than 12 rental vehicles, passenger or truck, on the premises,
..therefore no additional parking is required or necessary.
_ *_Building P rmirs have been issued on December 3, 1980, August 15, 1984, October 18, 1985, November
4, 1986, September 22, 1988, and February 16, 1988.
1- :I1CIOSUres forming part of this Application: Supplement Uo above
Site /Blot plan(s) x with present /a{k4mtla:aiescat�l structures
Prior Sp6r1-at- Fzrm±t�
Locus ulap x Floor �)lans present /proposed __ �F�xP�li�ixxr?cFSLr�S�c# x
Needed: areas, f roll Lag e'� setbacks __ CCR% parkinF; data
Assessor's cer� 66(A addressee I.isL (4 sets) x Mail ilig lahels� (•2 .stets
x
Fee check for $rkIiila)WA payable to •Town of Nautuckel x t'Carp" covenant
I certify that the requested lnformaLion submitted is substanCi,ally complete
and Cru the hes my o e Ig,c, a rder pains and penal Lies of Perjury.;
il;nafurec APIAiear)t At Lorne x
y /agent
If not own' , show basis for auLlrori.Ly'Co apply:)
FOR OFFICE: USE
Appl.icaLion copies received: 4'. (or o il.y y t:L���'`!�
One copy given Town Clerk)L // by -_ Plio.c�,"'I: le
One copy sent to planning Soar(, auul to ISui l(, iu); Dept. L_'l 12
$150.00 check given "Town
Notices of hearing posted / mailed /� /_ / Ind,Lislred �/63�, Z /�/
Ilenrinl;(s) held'on /_ /_ continued to TG /_/ / withdrawn'!
Decision made — /_ /_ filed with 'town Clerk —/_ / - urari.led -
5ee related files: application - liti ga ti on -- - — — — -
-___ f othe r
BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, MASSACHUSETTS 02554
DECISION:
0
1.�'I'ILL
The BOARD OF APPEALS,. at& Public Hearing held on FRIDAY, OCTO-
BER 31 1986 at 1:30 p.m. in the Town and County Building, Nantucket,
made the following Decision on the Application of PHYLLIS MAYHEW
(101 -86) address 8 Chester Street, Nantucket, MA 02554.
1. Applicant seeksa new SPECIAL PERMIT (or a modification of
he ~r Special Permit'062 -84 granted October 15, 1984) under SECTIONS
139- 9B(3)(b), (g) and (h). If granted, Applicant would construct a
new 2 -story building on the premises with 396 SF of retail store and
rental service space and '480 SF-plus 832 SF of respective commercial
tnon= public) shop and warehouse /storage space incidental to the retail
and rental service business. The further Special Permit relief is to
allow rental or sale of bicycles and mopeds at this second building
and to allow the storage of motor vehicles at the new building in
association with the uses under the prior Permit. (Section 139 -22E
was also referred to in the notice but not in this or the prior Appli-
cation for relief.) The premises are ^OLD SOUTH ROAD adjacent the
Airport, Assessor's Parcel 68 -46.6, Lot 42, Land Court Plan 14342 -N,
and zoned RESIDENTIAL - COMMERCIAL -2.
2. Our findings are based on the Application papers (this and
062 -84), viewings and plans, testimony and representations received
at our hearing. We note initially that Special permit 062 -84 for the
existing premises allows the uses set forth in:
1984 By -Law
Section 4C2(7)
Section 4C2(12)
1986 Code Counterpart
Section 139- 9B(3)(g)
Section 139- 9B(3)(1)
Sri `7 22
(101 -86) -2-
upon the following conditions:
"1) No rental or storage of trucks other than the owner's
own truck;
2) There will be no more than 12 passenger vehicles."
These are uses permitted by exception in the R -C -2 district. In addi-
tion, Applicant is understood to be conducting on the premises a rental
business offering cribs, strollers, etc., also chairs, tables, etc.,
for parties and a variety of other rental items typically for short -
term use. Some are picked up by customers, some are delivered.
3. Applicant's parking plan in 062 -84 had eleven spaces, 5
to the rear and 6 in mid-lot, with access by a driveway along the
westerly lot line. Applicant now proposes a driveway at mid- length of
his frontage with 5 customer parking spaces to the left in front of
the existing building and 5 to the right rearwardly of the new building.
Room for the required (Section 139 -19) off - street loading facilities
is available across the confronting sides of the buildings. Ample
area remains across the front of the lot for Section 139 -18F screening.
Parking required by Section 139 -181 is reckoned as follows:
Existing building 1st floor warehouse and other.- _
(no longer retail) commercial use 1 space
2nd floor dwelling unit (apt) 1 space
Proposed building 1st floor-retail/rental 396 SF 2 spaces
commercial shop 480 SF 1 Space
2nd floor storage 832 SF 1 space
employees up to 4
1 space
7 Total
Of the 10 spaces proposed, 7 are committed to meeting the Code require-
ment. The remainder is available for rental business use, e.g.,
I
(101 -86)
-3-
.� ( l L L
mopeds, with open parking lot area for moped riders to practice for
enhanced safety on the roads.
4. The proposed uses, which do not involve storage or dispen-
sing hazardous materials nor other noxious activities, are not such as
would violate Section 139 -20A.
r
5. The Planning Board's recommendation was favorable and no
opposition was heard. We are able to extend to this Application the
same, necessary findings made in 062 -84 for relief.
6. Accordingly, by UNANIMOUS vote, this Board GRANTS to Applicant
the requested relief by SPECIAL PERMIT to construct the second building
and parking area and use them and the existing building substantially
as proposed, subject to the above - stated conditions.
Dated: October 9, 1986
Nantucket, MA 02554
7
I C071f Y THAT 20 DAYS HAVE FLAP; ED AFTER THE DECISION
WAS FILED IN THE OFFICE OF TI IE l OWN CLERK, AND THAT
NO APPEAL HAS BELN FI ED. PERSUAN F TO GF�ERAL LAW
40A. SLCTION 11 /f1 • 4,
A S91. TOWN CLERK
jyx/wae, Jel /�P6
1
LIAG�
William R. Sherman
Andrew J. Leddy, Jr.
Dorothy D. Vollans
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THE COMMONWEALTH OF MASSACHUSETTS
NANTUCKET
City or Town
BOARD OF APPEALS
- 1
Date: October 15 , 19 84
Certificate of Granting of Variance or Special Permit
(General Laws Chapter 40A, Section 11)
The Board of appeals of the City or Town of Nantucket
hereby certifies that a Ver-mi n4o. .Special Permit has been granted
Address 8 Chester Street
City or Town Nantucket, MA
affecting the rights of the owner with respect to land or buildings at
Lot 42, Land Court Plan 14342
125 Old South Road,
And the said Board of Appeals further certifies that the decision attached hereto is a true and
correct copy of its decision granting said vsrranee — special permit, and that copies of said
decision, and of all plans referred to in the decision, have been filed with the planning board and
the city or town clerk.
The Board of Appeals also calls to the attention of the owner or applicant that General Laws,
Chapter 40A, Section 11 (last paragraph) provides that -no afia se-e special permit, or any ex-
tension, modification or renewal thereof, shall take effect until a copy of the decision bearing the
certification of the town or city clerk that twenty days have elapsed after the decision has been
filed in the office of the city or town clerk and no appeal has been filed or that, if such appeal has
been filed, that it has been dismissed or denied, is recorded in the registry of deeds for the county
and district in which the land is located and indexed in the grantor index under the name of the
owner of record or is recorded and noted on the owner's certificate of title. The fee for such recor-
ding or registering shall be paid by the owner or applicant.
Chairman
Clerk
FORM 1094 HOBBS & WARREN. INC . REVISED
f
DECISION:
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
At a meeting of the BOARD OF APPEALS held on September 28,
1984 at 1:30 p.m. in the Town and County Building, Nantucket, in the
matter of the Application of CIIARLES AND PHYLLIS MAYHEW (062 -84)
the Board finds:
1. This is an Application for a SPECIAL PERMIT granting
relief pursuant to Section 4C 2.c(7) and 4C 2.c(12) of the Zoning
By -Law for property located in A Residential- Commercial District.
If granted, the Applicants propose to use the site for the rental,
sale, maintenance, servicing, repair and storage of bicycles, mopeds
and similar motorized transports or means of conveyance and for the
rental of motor vehicles, but not the rental or storage of any trucks
other then the owner's personal vehicle.
2. Based upon a review of the Application, supporting documents,
plans, testimony and knowledge of the site, the Board finds that the
use of the Premises for the above commercial use sought by Special
Permit relief would be in harmony with the general purposes and
intent of the Zoning By -Law and the relief may be granted without
substantial detriment to the publir. good and without nullifying or
derogating from the intent orpurpose of the By -Law. The Board
further finds that the intended use will not be in violation of
Section 6D of the Zoning By -Law. Further the Board feels that the
use would be in harmony with the surrounding area with the Airport
and several commercial businesses located near by.
3. For the reasons and upon the conditions set forth herein,
the Board hereby GRANTS the Applicants relief by UNANIMOUS vote, the
Special Permit pursuant to Section 4C2 to allow the uses set forth
in paragraphs 7 AND 12 of the Zoning By -Law, upon the following
conditions:
1) No rental or storage of trucks other than the
I '
owners own truck.
2) There will be no more than 12 passenger vehicles
-2-
(062 -84)
Dated: October 15, 1984
Nantucket, MA
William R. Sherman
s2-
Eileen I. Cahoon
Linda F. Wil Tams
j I certify that 20 days have elapsed
{I after the decision was filed in the
office of the Town Clerk, and that
no a.ppeal has been filed pursuant
to,'General Laws 40A Section 11.
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