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Home My WebLink About022-89.TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 rnn— L� Z5- 1 1 q 2,9 Re: Decision in the Application of a�- L-0U,'s =e (2 UrnL�)aY-1 ec� CU zz-P9) 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. I William R. Sherman, Chairman BOARD OF APPEALS cc: Building Commissioner Planning Board Town Clerk �4 NANTUCKET ZONING BOARD OF APPEALS NANTUCKET, MA 02554 At a public hearing on Friday, April 28, 1989, at 2:30 p.m. in the Town and County Building, Nantucket, on the Application (022 -89) of MARY LOUISE RUMBARGER (formerly Thompson) having an address at 502 Ackermun Ave., Ho Ho Kus, NJ 07423, the Nantucket zoning Board of Appeals made the following DECISION: 1. Applicant seeks a Special Permit under zoning Bylaw Section 139 -2A "Customary Home Occupations ", Subsection (4)(f), for the leasee occupant (John Guay) of her single - family dwelling to conduct a retail activity on the premises. That activity, said to be a Customary Home Occupation, consists of the business of servicing, repairing and testing of gasoline - powered marine and yard equipment with engines rated at less than 10 horsepower and including the provision of parts for such equipment. 2. The premises are located at 11 Bear Street, , Assessor's P Parcel 55 -382, Lot 2 of Plan Book 17, g Residential -1. 3. Our findings are based upon the Application papers, viewing, correspondence, and representations and testimony received at our hearing. 4. The premises front on an unimproved street across from the large residential - commercial complex styled the Nantucket commons. Except for a commercial use on Parcel 378.5 to the southwest, single - family dwellings similar to Applicant's constitute the principal use on lots in Applicant's block bounded by Bear, Pleasant, Cherry and Orange Streets. A recently- constructed shed, about 10' X 121, is located in the northerly rear corner of Applicant's lot in which the noise producing activities of the proposed service occupation will be conducted. 5. Applicant's representation that the proposed equipment servicing occupation is a Customary Home Occupation is not challenged on this record. Each of the conditions an limitations put upon such occupations by the zoning Code are to be observed. Except for a concern about excessive noise expressed by a neighbor, no opposition was heard. Accordingly, we consider.what conditions upon the grant of relief are necessary to find that the requested Special Permit will be in harmony with the general purpose and intent of the zoning Code. 6. To control noise from engine operation or servicing, File No. 022 -89 the shed walls and ceiling or roof will be covered with insulation of at least R -11 thickness, and an exhaust vent will be provided so that windows and doors remain closed with exhaust fumes safely vented. All noise - generating activities will be conducted within the shed. With business hours limited to 8 a.m. - 5 p.m. Monday through Saturday, noise - generating activities shall be further limited to 9 a.m. - 5 p.m. weekdays and 9 a.m. - 2 p.m. Saturdays. 7. Any exterior storage of material (e.g., junk or scrap) or equipment shall be screened by a wall, fence or dense plantings. No hazardous wastes shall be stored on the premises but shall be disposed of in accordance with applicable law and regulations. 8. Only John Guay will be engaged in the proposed Customary Home Occupation; accordingly, the Special Permit granted to Applicant is personal to him. 9. With the foregoing conditions, we are able to make the required finding of harmony with the zoning Code. Board member Beale, voting in opposition to relief, questioned the lack of evidence establishing the proposed activity as a Customary Home Occupation and the sufficiency of the conditions to ensure the requisite harmony. 10. By an otherwise favorable vote, this Board grants to Applicant the requested Special Permit for the proposed Customary Home Occupation, subject to the above - stated conditions. Dated May ,;ZS-, 1989 r C. M rshall Bda - 2 - NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 April 13, 1989 NOTICE A public hearing of the Board of Appeals will be held on Friday, April 28, 1989, at .7:30 p.m. in the Town and County Building, Nantucket, on the Application of: MARY LOUISE RUMBARGER (formerly Thompson) Board of Appeals File No. 021-89 seeking a Special Permit under Section 139 -2A "Customary Home Occupations" (4)(f) for the occupant of her single - family dwelling to conduct a retail activity within a shed on the northeast corner of the lot, namely, a small- engine repair business for servicing lawn mowers, mopeds, small boat engines and similar gasoline - powered equipment and taking orders for on- premises sale of such equipment and parts. Most repair and test operations will be conducted inside to limit noise. The premises are at 11 Bear Street, Assessor's Parcel 55 -382, Plan Book 17, Page 65, Lot 2, zoned Residential -1. William R. Sherman, Chairman C S4NIItO BOARD OF APPEALS BOA Form 1 -89 FST TOWS AND COMM BUILDING TUCAST� MR 02554 Owner's name(s): Mailing address: Ap�"L,Iono- t FOR A L� IEF Date CASE No . - — ? I �� 3 Applicant's name: Mailing address: Location of lot: Street address: Assessor's map and parcel number 7G0 Lot or Plan File Registry Land Ct Plan, Plan Bk & Pa district �2 /�� Deed Ref LZ,� Zoning Data lot acquired: / L � - MCD? Uses on lot - commercial: None v Or rental rooms - number ofi- dwellings_ duplex apartments r Building date(s): all pre -8/72. or (5ho t�l 6T / /�� C of O? Building Permit appl'n. Nos. 3 9 Case Nos. all BOA applications, lawsuits: respective Code sections resent State full all zoning relief whathyounpropose compared er Section and subsections, specifically and what grounds you urge for BOyn make ecialfPermit per 139 -33A if variance, 139 -30A f a SP if appeal per 139 -31A 139 -32A _ use). if to alter or extend a non sealed.OK to attach addendum X-B attach decision or order appealed. f" �,�r v�PUJe am SEek,'nc Gt S�ectU� 1 ru's'ne 7 �S U;,- o�OQr c>j CA . �m.0 II en e � ' Sr�u l/ out en��r1 �� ,� ocders� fNc e.:�s/ 'O TA �, ►r �$ otuered � �rC� /I�j oYn� eC�.i; r fo`z -n' / and .� r s b �U ar u� 0�de.� --on y 6� �w 2.(�v��orhe�'"cr.nc� pur -�`- �" Y � %o ;se %eve- /s Guc,l/ b� rn�it,h'7 iP� by y� bo' m ✓1 5 r Q- �i lication• o rl_ adden m2 — Items enclose as part of this APP + lanned structure Locus map„__ Site plan showing presentT p (HDC approved ?_) ro osed elevatio G R parking data Floor plans present�i - P P setback ' T--- labels 2 sets t� Listings lot area v IreBSeee lst 4 sets. ma�ling Assessor- certifie3 addressee �r-oof 'cap' covenant 1200 fee payable to Town of Nantucket ii Y Comr's record to BoA.) 1(If an appeal, ask Town Clerk to sent —Bldg requested information submitted is substantially I certify that the requ knowl ge, under the pains complete and true to the best of my penalties of perjury• Cagenti � ppplic 'nt Attorney . SIGNATURE: attorney, encic� a proof of authority)