HomeMy WebLinkAbout022-904
Form 3 -89
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
April /v , 19 90
To: Parties in interest and others
concerned with the decision of the
Board of Appeals in Application No. 022- 90
Of: GEORGE KELLY D /B /A K'S AUTO BODY, FOR HIMSELF AND WALTER j.
GLOWACKI AND ANN GLOWACKI, OWNERS
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 day's 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) days.
Willi dm R. Sherman, Chairman
cc: Town Clerk
Planning Board
Building Commissioner
i
DECISION:
BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, MASSACHUSETTS 02554
The BOARD OF APPEALS, at a Public Hearing held on Marc:. 70,
1990 at 1:00 p.m. in the Town and County Building, Nantucket,
Massachusetts made the following Decision on the Application of
GEORGE KELLY d /b /a K'S AUTO BODY (22 -90) of 14 Nancy Ann Lane,
Nantucket, Massachusetts 02554. The Premises are owned by
WALTER J. GLOWACKI and ANN GLOWACKI of P.O. Box N, Nantucket,
Massachusetts 02554.
1. Applicant seeks a SPECIAL PERMIT pursuant to Section
139- 9B(3)(g) of the By -Law so as to allow an auto body repair
business on the premises with the specific finding that'such use
will not be in violation of Section 139 -20A of the By -Law. The
premises are located at 9 NANCY ANN LANE, ASSESSOR'S PARCEL
68 -135, shown as Lot 163 on Land Court Plan No. 16514 -Z, and
zoned RESIDENTIAL COMMERCIAL -2.
2. Our findings are based upon the Application papers,
plans, representations and testimony received at our hearing.
We find that Lot 163 is a vacant lot with an approximate area of
24,780 square feet and includes 118 feet of frontage along Nancy
Page One
Ann Lane. The owners propose to construct a 2,400 square foot
steel building on the premises and the Applicant intends to
lease space in such building for his auto body repair business.
The allowable ground cover for the lot is 12,390 square feet
(50 %) and the proposed ground cover is 2,400 square feet
(9.69 %). The Applicant currently operates his auto body repair
business at 14 Nancy Ann Lane and proposes to move his business
to the new building which would be located outside of the area
of the Aquifer Recharge District. The Applicant does body
repair to, and paints motor vehicles and does not do engine
and /or drive -train repair work which generates petroleum waste
products. The Applicant generates approximately 10 gallons of
hazardous waste a month (solvents). A certified hazardous waste
disposal firm removes such hazardous waste. The Applicant
stores his paint in a certified and approved steel fire locker
and uses a spray booth which is equipped with exhaust fans; this
booth meets all national codes and standards and is approved for
general and hazardous locations. The Applicant is currently
registered as a Small Quantity Hazardous Waste Generator with
the Massachusetts Department of Environmental Protection. The
Applicant agrees to comply with all pertinent local, state and
federal regulations governing the generation and disposal of
hazardous waste at the Premises. The Applicant submitted an
off - street parking plan showing seven (7) spaces and agrees to
comply with the parking provisions set forth in Section 139 -18
Page Two
of the By -Law.
3. We find that the Applicant's use of the proposed building
for an auto body repair business will not be substantially more
detrimental to this commercial neighborhood that the existing
mix of industrial and commercial uses and specifically find that
the Applicant's generation of small amounts of hazardous waste
will not violate the provisions of Section 139 -20A of the By -Law
on the condition that the Applicant complies with all pertinent
local, state and federal regulations governing the disposal of
said hazardous waste, stores and disposes of said hazardous
waste as set forth herein, and does not engage in the business
of engine and /or drive -train repair on the premises so as to
generate significant amounts of gas and /or oil.
4, For the reasons and upon the conditions set forth
herein, the BOARD, by unanimous vote, hereby GRANTS the
Applicant a SPECIAL PERMIT pursuant to Section 139- 9B(3)(g) of
the By -Law so as to allow him to conduct an auto body repair
business on the premises.
Dated: April /V , 1990
Nantucket, MA
�Wil iam her n
� � i ; l
. M/illiams
-/Robert eichter
il,Il'li
r�„
e.�
Ann ; Ejalavl j
David LGPdgett
Page Three
EDWARD FOLEY VAUGHAN
KEVIN F. DALE
MELISSA D. PHILBRICK
RACHEL C.HOBART
VAUGHAN, DALE AND PHILBRICK
ATTORNEYS AT LAW
WHALER'S LANE
NANTUCKET, MASS 02554
(617) 228 -4455
March 20, 1990
HAND DELIVERY
Mr. William Sherman, Chairman
Nantucket Board of Appeals
Chestnut Street
Nantucket, Massachusetts 02554
RE: George Kelly Special Permit
Application No. 022 -90
Dear Chairman Sherman:
After reviewing the notice for the above Special Permit
application which appeared in the March 15, 1990 edition of the
Nantucket Inquirer and Mirror, I noticed that while the
assessor's map and parcel reference for the above premises was
correct (68 -135), the street address was not. The correct
street address is 9 Nancv Ann Lane as set forth in the Board of
Appeals application dated March 9, 1990.
The subject premises, 9 Nancy Ann Lane, is almost wholly
outside the Acquifer Recharge District as defined by the
acquifer map certified by the Nantucket Town Clerk on March 1,
1990; the line demarcating the district touches the northwest
corner of the subject lot. None of the proposed uses for the
lot will be within the Acquifer Recharge District.
Mr. William Sherman, Chairman
March 20, 1990
Page Two
I also want to bring to your attention that I filed
inadvertently an abutters list for 14 Nancy Ann Lane which is
not the subject premises. Enclosed herewith is a certified list
of abutters for 9 Nancy Ann Lane. The only difference between
the 2 lists is that the list for 14 Nancy Ann Lane lists David
B. Glowacki the Town of Nantucket as abutters; the list for 9
Nancy Ann Lane does not. The list for 9 Nancy Ann Lane lists
Greg W. Glowacki and Nancy Ann Glowaci as abutters. Today I
mailed a copy of the notice by certified mail, return receipt
requested to Greg W. Glowacki and Nancy Ann Glowacki.
I will file a parking plan and loading plan prior to the
March 30, 1990 hearing date. Please call me if you have any
questions or concerns.
KFD /bar
Enc.
cc: Mr. George Kelly
Mr. and Mrs. Walter Glowacki
Nantucket Building Department
Nantucket Planning Board
Nantucket Town Clerk
Sincerely,
/ X
JR-
NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554
March 131 1990
NOTICE
A public hearing of the Board of Appeals will be held
on Friday, March 30, 1990, at 1:00 p.m. in the Town
and County Building, Federal and Broad Streets, Nantucket,
on the Application of:
GEORGE KELLEY dba K's AUTO BODY, for himself and for
owners WALTER J. and ANN GLOWACKI
Board of Appeals File No. 022-90
seeking a Special Permit under Section 139- 9B(3)(g) to
conduct an auto body repair business on the premises, with
a finding that such use will not be in violation of
Section 139 -20 (esp. -20A) setting forth prohibited uses.
The premises are at 14 Nancy Ann Lane, Assessor's Parcel
68 -135, Lot 163 of Land Court Plan 16514 -2, and zoned
Residential - Commercial -2.
William R. Sherman, Chairman
EDWARD FOLEY VAUGHAN
KEVIN F. DALE
MELISSA D. PHILBRICK
RACHEL C.HOBART
VAUGHAN, DALE AND PHILBRICK
ATTORNEYS AT LAW
WHALER'S LANE
NANTUCKET, MASS 02554
TEL:(508) 228-4455
PAX:(508) 228 -3070
March 9, 1990
HAND DELIVERY
William Sherman, Chairman
Nantucket Board of Appeals
Chestnut Street
Nantucket, Massachusetts 02554
RE: George Kelley d /b /a K's Auto Body
Special Permit Application
9 Nancy Ann Lane
Nantucket, Massachusetts 02554
Dear Chairman Sherman:
Enclosed herewith for filing on behalf of my client, George
Kelley d /b /a K's Auto Body, is an application for a Special
Permit pursuant to Section 139- 9B(3)(g) of the By -Law for use of
the premises as an auto body repair shop. The premises are
owned by Walter J. Glowacki and Ann Glowacki and Mr. Kelley is
the prospective lessee of the premises. The owners have
obtained HDC approval for a 2400 square foot steel building to
be constructed on the premises and are in the process of filing
for a bulding permit. The premises are located in the
Residential Commercial -2 zoning district and the proposed
building will comply with ground cover, setback, frontage and
parking requirements. The applicant proposes to use the
William Sherman, Chairman
March 9, 1990
Page Two
building for his auto body repair business; he is a licensed
technician and will generate a very small amount of hazardous
waste (paints and solvents). Mr. Kelley will take all necessary
measures to handle and dispose of the waste in a careful and
responsible manner.
I also enclose a filing fee check in the sum of $200.00 made
payable to the Town of Nantucket, a certified list of abutters,
a site plan, plot plan, plan showing the proposed structure on
the premises and floor plans with elevations.
Please mark this matter for hearing on March 30, 1990 and
thank you for your help.
Sincerley, r
f
KFD /bar
Enc.
cc: Mr. George Kelley
Mr. and Mrs. Walter J. Glowacki
Mr. Kim Glowacki
Nantucket Building Department
Nantucket Planning Board
Nantucket Town Clerk
VAUGHAN, DALE AND PHILBRICK
ATTORNEYS AT LAW
WHALERS LANE
NANTUCKET, MA 02554
3754
53- 542/113
PAY jlq �9 y0
TO TH E O l 1 q p� 1 \� a 1'k
ORDER OF
moo- -h �1 ltd 10c)1 0 -
Parifir National yank
of Wanturket
���,,.����,,..�� NANTUCKET, MA.
FOR _C1�ilY�LP KeAkV - P OA a-.4/MA) hr COh'Dil
- 00375411' 1 :0113054221:
115003
d0
$ a0�
si
� h
10403
_ K�
BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING Date
NANTUCKET, MA 02554
• CASE
Owner's name(s):
Mailing address:
Applicant's name:
APPLICATION FOR RELIEF
Walter J. Glowacki and Ann Glowacki
P.O. Box N, Nantucket, MA 02554
George Kelley d /b /a K's Auto Body
Mailing address: 14 Nancy Ann Lane, Nantucket, MA 02554
Location of lot: Assessor's map and parcel number 68 - 135
Street address: 9 Nancy Ann Lane
Registry Land Ct Plan, 16514 -2 Lot 163
Date lot acquired: _/_/1963 Deed Ref _,_ Zonipg district RC -2
Uses on lot — commercial: xlW=X_ or new building MCD ?_
- number of: dwellings_ duplex_ apartments_ rental rooms_
Building date(s) : all pre -8/72? No or
Building Permit appl'n. Nos. Pending
Case Nos. all BoA applications, lawsuits:
C of O? No
State fully all zoning relief sought and respective Code sections
and subsections, specifically what you propose compared to present
and what grounds you urge for BoA to make each finding per Section
139 -32A if Variance, 139 -30A if a Special Permit (and 139 -33A
if to alter or extend a nonconforming use). If appeal per 139 -31A
& B _ , attach decision or order appealed. OK to attach addendum .
f The Applicant seeks a Special Permit pursuant to Section 139- 9B(3)(g) to
conduct an auto body repair business on the Premsies. Such proposed use will
not violate Section 139 -20 of the By -Law. See Addendum "A" annexed hereto
as Exhibit "A."
Items enclosed as part of this Application: orderl addendum2 XX
Locus map_U Site plan Xx showing present +planned Xx "structures
Floor plans present_ proposed xx elevations xx (HDC approved ?Y)
Listings lot area xx frontage XX setbacks XX GCR XX parking data
Assessor- certifie3 addressee ist 4 sets xx ma�ling labels 2 sets_
200 fee payable to Town of Nantucket XX proof 'cap' covenant
(If an appeal, ask Town Clerk to sennBldg Comr r record to BoA.)
I certify that the requested information submitted is substantially
complete and true to the be o m "knowledge, under the pains and
penalties of perjury.
SIGNATURE: Attorney/agent XX-
Kevin F. Dale Attorn y for George Kelley d /b /a K's Auto Body
3(If not owner or ow T is attorney, enclose proof of authority)
FOR B A OFFICE USE
Application copies reed: 4_ or_ for BoA on/��by l
//��/x
One copy filed with Town Clerk o i/l v by LIA-1 complete?
,
One copy each to Planning Bd and Building Dept_3 by C OL
$200 fee check given Town Treasurer on JC1! b waived ?`
Hearing notice posted &Dmaile& //ZJ I & M311 S/ZL4
Hearing(s) on__f _/_ cont'd to_/_-/_, �_/_ withdrawn ? _/__J_
Decision due bye_/_ made__/__/_ filed TC_/---/_ mailed_/__
See related cases
V"4 � 0�� 1,-(, � I q 0
lawsuits other
ADDENDUM "A"
The Applicant, George Kelley d /b /a K's Auto Body, is the
prospective Lessee of the land owned by Walter J. Glowacki and
Ann Glowacki situated at 9 Nancy Ann Lane and shown as Lot 163
on Land Court Plan No. 16514 -Z ( "Premises ").
The area of the Premises is aproximately 24,780 square feet
with 118.00 feet of frontage on Nancy Ann Lane and is zoned
Residential - Commercial -2. The Premises comply with the area and
frontage requirements for this zoning district. The owners are
in the process of constructing a 2,400 square foot steel
building on the premises; the allowable ground cover ratio is
50% and the actual ground cover area of the proposed building is
aprpoximately 9.69 %.
The Applicant, George Kelley d /b /a K's Auto Body, seeks a
Speical Permit pursuant to Section 139- 9B(3)(g) of the By -Law to
use the building on the Premises for his auto body repair
business. This proposed use will not be in violation of the
provisions of Section 139 -20 of the By -Law. Specifically, the
Applicant will install a paint booth in the building which meets
all national Codes and standards.
The Applicant uses a small quantity of solvents in
connection with the business and is registered with the
Massachusetts Department of Environmental Protection. '!he
Applicant holds a license from the Commonwealth of Massachusetts
for a motor vehicle repair shop and is ASE certified for auto
body repair, painting and finishing. The small quantity of
solvents that the Applicant uses in his business will not be
injurious or offensive to the neighborhood; the Applicant will
dispose of such solvents in a safe and legal manner.
The Applicant's proposed use of the building will not be
more detrimental to the neighborhood than the existing Mix of
commerical and industrial uses in the area.
EDWARD FOLEY VAUGHAN
KEVIN F. DALE
MELISSA D. PHILBRICK
RACHEL C.HOBART
VAUGHAN, DALE AND PHILBRICK
ATTORNEYS AT LAW
WHALER'S LANE
NANTUCKET, MASS 02554
TEL:(508) 228-4455
PAX:(508) 228 -3070
March 9, 1990
HAND DELIVERY
William Sherman, Chairman
Nantucket Board of Appeals
Chestnut Street
Nantucket, Massachusetts 02554
RE: George Kelley d /b /a K's Auto Body
Special Permit Application
9 Nancy Ann Lane
Nantucket, Massachusetts 02554
Dear Chairman Sherman:
Enclosed herewith for filing on behalf of my client, George
Kelley d /b /a K's Auto Body, is an application for a Special
Permit pursuant to Section 139- 9B(3)(g) of the By -Law for use of
the premises as an auto body repair shop. The premises are
owned by Walter J. Glowacki and Ann Glowacki and Mr. Kelley is
the prospective lessee of the premises. The owners have
obtained HDC approval for a 2400 square foot steel building to
be constructed on the premises and are in the process of filing
for a bulding permit. The premises are located in the
Residential Commercial -2 zoning district and the proposed
building will comply with ground cover, setback, frontage and
parking requirements. The applicant proposes to use the
William Sherman, Chairman
March 9, 1990
Page Two
building for his auto body repair business; he is a licensed
technician and will generate a very small amount of hazardous
waste (paints and solvents). Mr. Kelley will take all necessary
measures to handle and dispose of the waste in a careful and
responsible manner.
I also enclose a filing fee check in the sum of $200.00 made
payable to the Town of Nantucket, a certified list of abutters,
a site plan, plot plan, plan showing the proposed structure on
the premises and floor plans with elevations.
Please mark this matter for hearing on March 30, 1990 and
thank you for your help.
Sincerley, ;
KFD /bar
Enc.
cc: Mr. George Kelley
Mr. and Mrs. Walter J. Glowacki
Mr. Kim Glowacki
Nantucket Building Department
Nantucket Planning Boarcl
Nantucket Town Clerk ✓
n /p�oo�
VAUGHAN, DALE AND PHILBRICK
ATTORNEYS AT LAW
WHALERS LANE
NANTUCKET, MA 02554
3754
53- 542/113
PAY /I - J h t 9 q0
TO RDEROF Lllrl OL NG�� �Jcjc(t
ORDER OF 1 O -- �
r $aov-
t,uo ►� n 4r aid �o�ica.
Ifurifir National Bank
of Nnnturket
NANTUCKET, MA.
FOR
t- ZQI('��e Ke.11 V- P 0A MA) i r e oij
T; 11800375411' i:011305422i: 11 -003
10 4 611'
BoA Form 1 -89
owner's name(s):
Mailing address:
NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING Date
NANTUCKET, MA 02554
CASE No. -
APPLICATION FOR RELIEF
Walter J. Glowacki and Ann Glowacki
P.O. Box N, Nantucket, MA 02554
Applicant's name: George Kelley d /b /a K's Auto Body
Mailing address: 14 Nancy Ann Lane, Nantucket, MA 02554
Location of lot: Assessor's map and parcel number 68 - 135
Street address: 9 Nancy Ann Lane
Registry Land Ct Plan, R X$kK}Q%Bgx%XKXrAXNXXrA)= 16514 -2 Lot 1.6.3
Date lot acquired: _/_/1963 Deed Ref _,_ Zonipg district RC
Uses on lot - commercial : x==X_ or new building MCD ?_
- number of: dwellings_ duplex_ apartments_ rental rooms_
Building date(s): all pre -8/72? No or C of O ?_ No
Building Permit appl'n. Nos. Pending
Case Nos. all BoA applications, lawsuits:
State fully all zonincr relief sought and respective Code sections
and subsections, specifically what you propose compared to present
and what grounds you urge for BoA to make each finding per Section
139 -32A if Variance, 139 -30A if a Special Permit (and 139 -33A
if to alter or extend a nonconforming use). If appeal per 139 -3JA
& B _ , attach decision or order appealed. OK to attach addendum .
The Applicant seeks a Special Permit pursuant to Section 139- 9B(3)(g) to
conduct an auto body repair business on the Premsies. Such proposed use will
not violate Section 139 -20 of the By -Law. See Addendum "A" annexed hereto
as Exhibit "A."
Items enclosed as part of this Application: orderl addendum2 XX
Locus map _Xg Site plan xx showing present +planned XX structures
Floor plans present_ proposed xx elevations XX (HDapproved? Y
Listings lot area xx frontage XX setbacks XX GCR XX parking data
Assessor- certifie3 addressee Iist 4 sets Xx ma�ling labels 2 set _
200 fee payable to Town of Nantucket XX proof 'cap' covenant
(If an appeal, ask Town Clerk to send Bldg Comr record to BoA.)
I certify that the requested information submitted is substantially
complete and true to the be o m knowledge, under the pains and
perlalties of perjury.
SIGNATURE: p i Attorney /agent XX
Kevin F. Dale Attorntly for George Kelley d /b /a K's Auto Body
3(If not owner or ow is attorney, enclose proof of authority)
FOR BoA OFFICE USE
Application copies recd: 4_ or for BoA on_ /_/_ by
One copy filed with Town Clerk on_/_/_ by complete ?_
one copy each to Planning Bd and Building Dept_f__/_ by
$200 fee check given Town Treasurer on_J_/_ by waived ?_
Hearing notice posted_/_/_ mailed _J_ I & M--/—/_,
Hearing(s) on_/ _/_ cont'd to__/__/_, �_/_ withdrawn?_/_-/_
Decision due by_/_/_ made _/__/_ filed TC___/_—/_ mailed___/__/_
See related cases lawsuits other
sec' �a U�
ADDENDUM "A"
The Applicant, George Kelley d /b /a K's Auto Body, is the
prospective Lessee of the land owned by Walter J. Glowacki and
Ann Glowacki situated at 9 Nancy Ann Lane and shown as Lot 163
on Land Court Plan No. 16514 -Z ( "Premises ").
The area of the Premises is aproximately 24,780 square feet
with 118.00 feet of frontage on Nancy Ann Lane and is zoned
Residential - Commercial -2. The Premises comply with the area and
frontage requirements for this zoning district. The owners are
in the process of constructing a 2,400 square foot steel
building on the premises; the allowable ground cover ratio is
50% and the actual ground cover area of the proposed building is
aprpoximately 9.69 %.
The Applicant, George Kelley d /b /a K's Auto Body, seeks a
Speical Permit pursuant to Section 139- 9B(3)(g) of the By -Law to
use the building on the Premises for his auto body repair
business. This proposed use will not be in violation of the
provisions of Section 139 -20 of the By -Law. Specifically, the
Applicant will install a paint booth in the building which meets
all national Codes and standards.
The Applicant uses a small quantity of solvents in
connection with the business and is registered with the
Massachusetts Department of Environmental Protection. r2he
Applicant holds a license from the Commonwealth of Massachusetts
for a motor vehicle repair shop and is ASE certified for auto
body repair, painting and finishing. The small quantity of
solvents that the Applicant uses in his business will not be
injurious or offensive to the neighborhood; the Applicant will
dispose of such solvents in a safe and legal manner.
The Applicant's proposed use of the building will not be
more detrimental to the neighborhood than the existing nix of
commerical and industrial uses in the area.