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Home My WebLink About062-90o& Q �; ef) TOWN OF NANTUCKET BOARD OF APPEALr S NANTUCKET, MASSACHUSETTS 02554 `" Date: October 3 , 1990 To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: Owner /Applicant: (062 -90) MODIFICATION OF (013 -77) Ronald M. DaSilva Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of 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 an 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. Linda Williams, Chairman cc: Town Clerk Planning Board Building Commissioner DECISION: TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 The Board of Appeals, at a Public Hearing held on Friday, September 14, 1990 at 1:00 P.M. in the Town and County Building, Nantucket, made the following Decision upon the Application of RONALD M. DASILVA (062 -90) address, Newtown Road, Nantucket, MA 02554: 1. Applicant requests a Special Permit or a Modification of a prior Special Permit No. (013 -77) under Section 139 -30A to change the use of one garage bay into a laundry facility with two washers and two dryers to be leased to a hotel. The property is known as 8 WINDY WAY, Lot 2, Plan Book 22, Page 94, Assessor's Map 67, Parcel 118.8, zoned Residential- Commercial -2. 2. Based upon a review of the Application, supporting documents, plans and testimony, the Board finds that the property has been used as commercial storage and warehouse space pursuant to the 1977 Special Permit. The proposed laundry use will not be in violation of Section 139 -20 and is permitted in the Residential - Commercial-2 district, and is in harmony with the intent and purpose of the Zoning By -Law. 3. A Special Permit may be granted upon the following conditions: a. the property will be served by Town sewer and water; b. the laundry facility will only occupy one (1) garage bay; C. the laundry facility will be leased to a single tenant and will not be for use by the general public or have any incidental retail sales; d. remaining storage and warehouse space on the property shall continue to be used incidental to owner's business. 4. For the reasons and upon the conditions set forth herein, the Board by unanimous vote, hereby GRANTS the Applicant relief by special permit and modification of Permit No. 013 -77 with respect to 8 Windy Way. Gc�6ber_ , 1990 l TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the ZONING BOARD OF APPEALS will be held on FRIDAY, SEPTEMBER 14, 1990 at 1:00 P.M. in the Town and County Building, Federal and Broad Streets, Nantucket, on the Application of: RONALD M. DASILVA, INC. Board of Appeals File No. 062 -90 Applicant seeks relief by SPECIAL PERMIT under SECTION 139 -30A, pursuant to SECTION 139 -33A, of the Zoning By -Law, or in the alter- native a SPECIAL PERMIT under one of the following Special Permit uses: Section 139 -8B(2) (Neighborhood Service Establishment); Section 139- 9B(3)(a) (light manufacturing), and (b) (storage and warehousing), or (c) (fabrication and assembly of component parts for off -site construction use). In the alternative, a Modification of Special Permit 013 -77 is asked. The Applicant proposes to change one garage bay from warehouse /storage facilities to a laundry facility with two (2) washers and dryers to be leased by a hotel for use as their laundry facility. The premises are located at 8 WINDY WAY, Assessor's Map 67, Parcel 118.8, as shown in Plan Book 22, Page 94, in the Nantucket Registry of Deeds. The property is zoned RESIDENTIAL - COMMERCIAL -2. See also 013 -77. Linda F. Wil iams, Chairman BoA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS 8/24 9 TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 CASE No- j APPLICATION FOR RELIEF owner's name(s): Ronald M. D Mailing address: 10 Newt w Applicant's name: Same Mailing address: Same Location of lot: Assessor's map and parcel number 67 - 118.8 Street address: -8 Windy Way Registry $amixSkxBiAaX Plan Bk & Pg or Plan File 22/94 Lot 2 1984 Subdivision ANR Date lot acquired:9�9J -17 Deed Refl�,lgg Zoning district R-C2 facilih�B� Uses on lot - commercial: None _ or warehouse storage employee - number of: dwellings— duplex_ apartments 2 rental rooms dormitory Building date(s): all pre -8/72? — or See attached list C of O?--yes Building Permit appl'n. Nos. See attagh NanAffkrA up�xpio 77 ��our 3 No. 2013 Case Nos all BoA applications, lawsuits:planning Board Ronald - --ilea State fully all zoning relief sought and respective Code sections et al 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 x if a Special Permit (and 139 -33�A x if to alter or extend a nonconfiorming use). If app per & B , attach decision or order appealed. OK to attach addendum . See attached Addendum Items enclosed as part of this Application: orderl addendum2 x Locus map x Site plan x showing present x +planoeU structures Floor plans present_ proposed_ elevations (HDC approved ?_) Listings lot area x frontage setbacks_ GCRT__K_ parking data Assessor- certifie'aaddressee list 4 sets x ma ling labels 2 sets x ,5200 fee payable to Town of Nantucket proof T'cap' covenant (If an appeal, ask Town Clerk to send Bldg Comr s record to BoA.) I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: / _�f Applicant — Attorney /agent x 3(If not bw er or owner's attorney, enclose proof of authority) FOR BoA OFFICE USE �� /(' y -__ Application copies recd: 4_ or for BoA o �) 6yY (7�Y- ��"omplete? �- one copy filed with Town Clerk on,� �� One copy each to Planning Bd and Buildin Dept/ bYi�Sc�" �/ b aived? $200 fee check given Town Treasurer on ! -/ _(/ j — Hearing notice posted_�]?y'.ailed� I & M�y 7G� ��/ G Hearing(s) on__J__/_ cont'd tom _/_, withdrawn ? _J--/_ Decision due by_ /�J_ made__ filed TC--/_/_ mailed��_ See related cases lawsuits other i r ADDENDUM Applicant seeks Special Permit relief Pursuant to Section 139 - 30A, or in the alternative under Section 139 -33A, to change the use of approximately 400 square feet of interior garage parking spaces into'a separate area with two commercial washing machines and two dryers to be leased to a hotel for their laundry facilities. The property will be served by Town water and sewer. No hazardous chemicals or dry cleaning fluids, except ordinary laundry detergent and bleaches, will be used or stored on site. Only one (1) parking space would be required for the requested change of use. Only one or two employees of the hotel would be on- site at any time to use the laundry facilities. The proposed use can be characterized within one of the following special permit uses: Section 139 -8B. (2) - (neighborhood service establishment such as a dry - cleaning shop), Section 139 -9 B. (3) (a), (light manufacturing), or Section 139 -9 B. (3) (c) (fabrication and assembly of component parts for off -site construction use). Special permit relief may be granted if the Board finds that the proposed use is in harmony with the general purpose and intent of the by -law. In the alternative, if the proposed use is an alternation or change to a pre- existing non - conforming use, or structure, or a modification of a prior permit, the Board may find that such alteration or change is not substantially more detrimental to the neighborhood then the existing non - conforming use or structure or existing special permit use. Building Permit Application Numbers Re: Ronald M. DaSilva, Inc. 8 Windy Way 1. 1424 -80 3/5/80 Certificate of Occupancy: dwelling /garage 1/12/84 Certificate of Occupancy: shop /warehouse 4/26/84 2. 3172 -84 12/30/84 two car garage 768 square feet 3. 4170 -85 6/4/85 Certificate of Occupancy: apartment over garage 10/1/86 4. 4533 -85 12/26/85 Certificate of Occupancy: accessory apartment 10/1/86 5. 4532 -85 12/26/85 Certificate of Occupancy: dormitory 6 units 6/26/87 LAW OFFICES HOLMES, HAYS & FITZGERALD 35 CENTER STREET P. 0. BOX 1108 NANTUCKET, MASS. 02554 WAYNE F. HOLMES WILLIAM H. HAYS III JULIE A. FITZGERALD August 24, 1990 Ms. Linda Williams, Chairperson Board of Appeals Town & County Building. Broad Street Nantucket, MA 02554 RE: Application of Ronald M. DaSilva 8 Windy Way Dear Ms. Williams: Enclosed for filing, please find the following: 1. Application plus three (3) copies; 2. Certified Abutter's List plus three (3) copies; 3. Four (4) copies of Plan Book 22, Page 94; 4. Four (4) copies of Assessor's Map 67; 5. Four (4) copies of the floor plan; 6. Four (4) sets of elevations; 7. Four (4) set of site plan; 8. Two (2) sets of mailing labels; and 9. Check in the amount of $200.00. (SOB) 228 -0052 FAX (308) 228-6043 Kindly schedule this matter for hearing on September 14, 1990. Very truly yours, . J ie i a JAF /sdb Enclosures cc: Mrs. Joanne M. Holdgate, Town Clerk Mr. Ronald M. DaSilva 1117 BOA Form 1 -89 NANTTNAPEALB 8/24 90 TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 CASE No.= APPLICATION FOR RELIEF Owner's name(s): Ronald M. D Mailing address: 10 Newto Applicant's name: Mailing address: Same Location of lot: Assessor's map and parcel number 67 - 118.8 Street address: -8 Windy Way Registry SawixSkxHiRRX Plan Bk & Pg or Plan File 22194 Lot 2 1984 Subdivision ANR Date lot acquired: 9—/.9-J--27 Deed ReflfinL,JA.2 Zoning district R -C2 facilih�� Uses on lot - commercial: None _ or warehouse storage employee - number of: dwellings_ duplex_ apartments 2 rental rooms dormitory Building date(s): all pre -8/72? _ or See attached list C of O ?-yes Building Permit appl'n. Nos. See attached N Case Nos. all BOA applications, lawsuits:pla court N7 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 xpp if a Special Permit (and 139 -331A & Bif to attach if ornorder1Oappealed .6KltoaattachpaddendumZA See attached Addendum Items enclosed as part of this Application: orderl addendum2 x Locus map x Site plan x showing present x +planned structure; Floor plans presentx proposed_ elevations (HDC approved? Listings lot area x frontage setbacksX GCR__2L parking datax Assessor- certifie3 addressee ist 4 sets x mailing labels 2 sets x 8200 fee payable to Town of Nantucket _X proof 'cap' covenant 1(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 best of my knowledge, under the pains and penalties of perjury /., 7n SIGNATURE: /cr�� /fz r i� Applicant _ Attorney /agent x 3(If not 4r or owner's attorney, enclose proof of authority) FOR BOA OFFICE USE Application copies recd: 4_ or_ for BOA one _J_ by One copy filed with Town Clerk on_ /--/_ by complete ?_ One copy each to Planning Bd and Building Dept_ /__/_ by $200 fee check given Town Treasurer on__/_J_ by waived ?_ Hearing notice posted _/__/_ mailed _j__/_ I & M_/ —J_, —1—J_ Hearing(s) one—/_ cont'd tom _/_, _1__j_ withdrawn ?_/--/_ Decision due by_f _/_ made_/_/_ filed TC_/ _J_ mailed —J—/_ See related cases lawsuits other 2013 va et al ADDENDUM Applicant seeks Special Permit relief Pursuant to Section 139 - 30A, or in the alternative under Section 139 -33A, to change the use of approximately 400 square feet of interior garage parking spaces into 'a separate area with two commercial washing machines and two dryers to be leased to a hotel for their laundry facilities. The property will be served by Town water and sewer. No hazardous chemicals or dry cleaning fluids, except ordinary laundry detergent and bleaches, will be used or stored on site. Only one (1) parking space would be required for the requested change of use. Only one or two employees of the hotel would be on- site at any time to use the laundry facilities. The proposed use can be characterized within one of the following special permit uses: Section 139 -8B. (2) - (neighborhood service establishment such as a dry - cleaning shop), Section 139 -9 B. (3) (a), (light manufacturing) , or Section 139 -9 B. (3) (c) (fabrication and assembly of component parts for off -site construction use). Special permit relief may be granted if the Board finds that the proposed use is in harmony with the general purpose and intent of the by -law. In the alternative, if the proposed use is an alternation or change to a pre- existing non - conforming use, or structure, or a modification of a prior permit, the Board may find that such alteration or change is not substantially more detrimental to the neighborhood then the existing non - conforming use or structure or existing special permit use. Building Permit Application Numbers Re: Ronald M. DaSilva, Inc. 8 Windy Way 1. 1424 -80 3/5/80 Certificate of Occupancy: dwelling /garage 1/12/84 Certificate of Occupancy: shop /warehouse 4/26/84 2. 3172 -84 12/30/84 two car garage 768 square feet 3. 4170 -85 6/4/85 Certificate of Occupancy: apartment over garage 10/1/86 4. 4533 -85 12/26/85 Certificate of Occupancy: accessory apartment 10/1/86 5. 4532 -85 12/26/85 Certificate of Occupancy: dormitory 6 units 6/26/87