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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.