HomeMy WebLinkAbout036-91o -1`7!
TOWN OF NANTUCKET
BOARD OF APPEALS
Nantucket, Mass. 02554
To: Parties in Interest and Others concerned with the Decision
of the BOARD OF APPEALS in the Application of the following:
Application No. 036 -91
Owner /Applicant: BRIAN DAVIS and BENJAMIN CARTWRIGHT, Trustees of
3B REALTY TRUST, owner, and NORMAN MOORE, III
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 a
Complaint in court within TWENTY (20) days after this day's date.
Notice of the action with a copy of the Complaint and a certified
copy of the Decision must be given to the Town Clerk so as to be
received within such TWENTY (20)_-days. %)
Date: I /a 4 1 2 g/
cc: Town Clerk
Planning Board
Building Commissioner
rt J LeAchter,
irman
Board of Appeals
Town of Nantucket
Nantucket, Massachusetts 02554
DECISION:
The BOARD OF APPEALS, at a Public Hearing held on FRIDAY,
MAY 17, 1991, at 1:00 P.M. in the TOWN AND COUNTY BUILDING,
NANTUCKET, made the following Decision upon the Application of
NORMAN MOORE, III, Applicant, Brian Davis and Benjamin
Cartwright, Trustees of 3B Realty Trust, Owners (036 -91), having
a mailing address c/o Reade & Alger Professional Corporation, 6
Young's Way, Post Office Box 2669, Nantucket, Massachusetts
02584.
1. Applicant seeks to modify the Board's Decision in File
No. 005 -87, Paragraph 1 of which provides that "[ t]here will be
no outdoor storage, storage of vehicles or flammable or other
hazardous materials..." upon the premises, and requests a Special
Permit under Nantucket Code Sections 139- 9.B.(2) (g) and (1) to
allow the use of a portion of the premises, including bays 6, 7,
and 8 (the "Leased Premises "), for the sale of used automobiles
and the storage, repair, washing, painting, and other servicing
of motor vehicles. The premises are located at 8 ARROWHEAD
DRIVE, NANTUCKET, are shown as Lot 31 on Land Court Plan No.
26984 -J, and are zoned RESIDENTIAL - COMMERCIAL.
2. Our findings are based upon the Application papers, and
testimony, representations, plans, and other materials received
at the public hearing.
3. The premises are currently improved by an 8 -bay building
for commercial storage and warehousing, allowed in Board of
Appeals File No. 005 -87 by Special Permit dated January 5, 1987,
registered as Document No. 39040 at Nantucket Registry District.
Applicant is the lessee of the Leased Premises by virtue of a
lease dated April 1, 1991. Applicant proposes to use the Leased
Premises as a used automobile dealership and motor vehicle
storage and repair facility. Such use will include the sale of
automobiles and the storage, repair, washing, painting, and other
servicing of motor vehicles. Such use of the Leased Premises is
seemingly prohibited by the terms of the existing Special Permit
in that Paragraph 1 of that Special Permit provides in relevant
part that "[t]here will be no outdoor storage, storage of
vehicles or flammable or other hazardous materials..." upon the
premises.
4. Applicant plans to employ safety and environmentally
sensitive measures and equipment, such as a certified and
approved steel fire locker and a contained spray booth, and will
comply with all pertinent local, state, and federal regulations
concerning the disposal of any hazardous waste that may be
generated as a result of Applicant's use of the Leased Premises.
Applicant will also comply with all local and state building and
fire codes and health regulations, and will meet all other
requirements of the Nantucket Zoning By -law and the existing
Special Permit.
5. Applicant's proposed uses of the Leased Premises are
permitted in Residential - Commercial zoning districts by special
permit only, provided that such uses are not in violation of
Section 139 -20A. We recognize that uses such as those proposed
by the Applicant are necessary to the island's economy and are
intrinsic in every community. We further recognize that this
area of the island was zoned Residential - Commercial so that such
uses would be concentrated here.
6. We find that if the Applicant meets, and continues to
meet, the requirements of the regulations identified in Paragraph
4 of this decision, as determined by the Nantucket Building
Commissioner, the proposed uses will not be in violation of
Section 139 -20A. We also find that the Leased Premises are
located well outside of the-Public Wellhead Recharge District and
all other such protected areas. Further, we find that the
Applicant's proposed uses of the Leased Premises are in harmony
with the general purpose and intent of the zoning by -law and that
the Applicant's proposed uses, including the generation of
hazardous waste, will not be substantially more detrimental to
this primarily commercial neighborhood then the existing mix of
industrial and commercial uses.
7. No opposition to the Application was presented at the
public hearing, and the Planning Board's recommendation was
favorable.
8. Accordingly, by UNANIMOUS VOTE, this Board GRANTS the
requested relief by modifying the ��,,eA s Ong a ��gG m 6)
granting relief by Special Permit��tZS�lo� �ppica�o use
the Leased Premises to sell used automobiles and to store,
repair, wash, paint, and otherwise sei�,u-e motor /"hicles.
Dated: AW-0— ! �, 1991
Nantucket, Massachusetts
(dda /11 /Moore)
ams
Ann Balas
1
C. Ma hall BealdA
5 � �a � P_j - J�,
Kate Mitchell
ZONING BOARD OF APPEALS
South Beach Street
Nantucket, Mass. 02554
NOTICE
A Public Hearing of the BOARD OF APPEALS will be held at
1:00 P.M., Friday, May 17, 1991, in the Town and County Building,
Broad Street, Nantucket, Massachusetts, on the Application of:
NORMAN MOORE, III, lessee, and 3B REALTY TRUST, BRIAN DAVIS and
BENJAMIN CARTWRIGHT, Trustees, owners
Board of Appeals File No. 036 -91
Applicant is seeking a Modification of the Board's Decision
in File No. 005 -87, paragraph 1, which provides that there will
be no "...outdoor storage, storage of vehicles or flammable or
other hazardous materials..." upon the premises, and requests a
Special Permit under Sections 139- 9(B)(2)(g)and (1) of the Zoning
Bylaw to allow use of a portion of the premises, including bays
6, 7 and 8, for the sale of used automobiles and the storage,
repair, washing, painting, and other servicing of motor vehicles.
The premises are located at 8 ARROWHEAD DRIVE, Assessor's
Map 69, parcel 57, as shown on Land Court Plan 26984 -J, Lot 31.
The property is zoned RC.
Robert J. vichter, C4irmatn�J-�
BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS 4 /?Date
TOWN AND COUNTY BUILDING
NANTUCKET, HA 02554 CASE No 91
APPLICATION FOR RELIEF
Owner's name(s) : Brian Davis and Benjamin Cartwric L TrU-JtPP2 ^f �n RPairy rn�st
Mailing address: c/o Reade & 9122§54,0- fessional Cor Post
e an uc a Massac usetts 02
Applicant's name:
Mailing address: c o Read t
ice Box 4VVz1, Nantucket, sachusetts 02 84
Location of lot: Assessor's map and parcel number 69 - 057
Street address:
Registry Land Ct Plan, "' """
^1i- 26984 -J Lot 31
Cer i is to 12,785 Zoning district RC
Date lot acquired: 12 /.L2 86 —�--
Uses on lot - commercial: None _ or yes
MCD? No
- number of: dwellings 0 duplex 0 apartments 0 rental rooms 0
Building date(s): all pre - 8/72? No or 1987 - present C of 0? Pending
Building Permit appl'n. Nos. 5318 -87
Case Nos. all BoA applications, its: BOAu,922-9 pO -27
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 Sectior.
139 -32A if variance, 139 -30A x if a Special Permit (and 139 -33A
if to alter or extend a noncon.orming use). If appeal per 139 -3�A
'K -B _ , attach decision or order appealed. OK to attach addendur. .
See Addendum attached hereto.
Items enclosed as part of this Application: orderl addendum2 x
Locus map X Site plan X showing present X +planned structures
Floor plans present proposed_ elevations (HDC approved ?�)
Listings lot area X frontage setbacks_ GCRr� parking data -
Agssessor-certifie3 addressee list 4 sets X ma�ling labels 2 set s
(If aneappeal, ask Town Nantucket x B1dgocomr cap' covenant 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: Bo: oor�, I Applicant Attorney /agent x
ar F. A er, Attorney
3(If not ow er or owner's attorney, enclose proof of authority)
FORS BoA OFFICE USE /
Application copies ree d: 4 I or for BoA on -tzp by
-
one copy each to Planning Bd and Building Dept--.-r/-
waived? —
$200 fee check given Town Treasurer on � QQ b Y
Hearing notice posted �� maileds/� I/ I &
Hearing (s) on_/,_/_, cont' d to —/_/ —, withdrawn ?__/--/_
Decision due by_/_/_ made--/--/— filed TC — -J-J— mailed _/—
See related cases
lawsuits other
Addendum
Board of Appeals Case No. -91
Norman Moore, III, Applicant
Applicant seeks to modify an existing Special Permit and requests
a Special Permit under Nantucket Code Section 139- 9.B.(2) (g) and
(1). The locus is currently improved by an 8 -bay building for
commercial storage and warehousing, allowed in Board of Appeals
Case No. 022 -90 by Special Permit dated January 30, 1987,
registered as Document No. 39040 at Nantucket Registry District.
Applicant is the lessee under lease dated April 1, 1991, of a
portion of the locus which includes Bays 6, 7, and 8. The
existing Special Permit provides, in Paragraph 1, that "[t]here
will be no outdoor storage, storage of vehicles or flammable or
other hazardous materials..." upon the locus. The Applicant
proposes to use the leased premises as a used automobile
dealership. Such use will, by necessity, include the sale of
automobiles and the storage, repair, washing, painting, and other
servicing of motor vehicles. Applicant plans to employ safety
and environmentally sensitive measures and equipment, such as a
certified and approved steel fire locker and a contained spray
booth, and will comply with all pertinent local, state, and
federal regulations governing the disposal of any hazardous waste
that may be generated as a result of this use. All of such uses
are permitted by Special Permit under Section 139 -9.
(dda /10 /Davis)
NOTICE
A public hearing of the BOARD OF APPEALS will be held at
1:00 P.M. on FRIDAY, MAY 17, 1991 in the TOWN AND COUNTY
BUILDING, FEDERAL and BROAD STREETS, NANTUCKET, on the
Application of NORMAN MOORE, III, Applicant, Brian Davis and
Benjamin Cartwright, Trustees of 3B Realty Trust, owner
( -91). Applicant seeks to modify the Board's decision in
Case No. 022 -90 and requests a Special Permit under Nantucket
Code Section 139- 9.B.(2), (g) and (1) to allow the use of a
portion of the premises, including Bays 6, 7, and 8, for the sale
of used automobiles and the storage, repair, washing, painting,
and other servicing of motor vehicles.
The premises are located at 8 Arrowhead Drive, Nantucket
(Assessor's Parcel 69 -057), Lot 31, Land Court Plan No. 26984 -J,
and are zoned RESIDENTIAL - COMMERCIAL.
AA_ /l n /mnr 1
p 'fONWEALrlid:OV.- MLNSSACHUSL-'TI'S 1
r : City or Town
- - : - BOARD -OP. APPEALS
_ Date: LUf
Certificate of Granting of filar} r.special Permit
(Gcneral Laver Cs 40A. Sectioo 11)
The Board of appeals of the City or Town of N Q t� ,�V Ck 4j_
hereby certifies that a Vwjamwer Special Permit has been granted
To
Address
City or Town A 'Yf f)—it LeT-
affecting the rights of the owner with respect.to land or buildings at 14r�r'Jl�ua�/
_7 ^ �IcQ fa it-k qo5dl , hS�e.� ccl� � s . oo 0 (psi C yl 76 X _:j
r 3( Cotc'(cr 9..)
And the said Board of Appeals further certifies that the decision attached hereto is a true and
correct copy of its decision granting said' vie -- 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 varim special permit, or any ex-
tcrsion, 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 of that, if such appeal has
been filed, that it has been dismissed or denied, is recorded in the regiWy 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 applican .
Ctairman
etc>
Clerk
'• ♦YA 0111
BOARD OF APPEALS
TOWN OF NANTUCKL:'T
NANTUCKET, MASSACHUSETTS 02554
DECISION:
The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, JANU-
ARY 16, 1987 at 1:30 p.m. in the ".Town and County Building, Nantucket,
made the following Decision upon the Application of 3 B REALTY TRUST
(005 -87) address Box 1225, Nantucket, MA 02554.
1. Applicant seeks a SPECIAL PERMIT under Zoning By -Law SF..CTTON
139- 983(b) to construct and use an 8 -bay building for commercial storage
and warehousing, e.g., for plumbers' and electricians' goods. There will
be no outdoor storage, storage of vehicles or flammable or other hazardous
materials, nor any retail or dwelling use of any kind. The premises are
I.ocated at 8 ARROWHEAD DRIVE, of.f Old South Road, Assessor's Parcel
09 -057, Land Court Plan 26984 J, Lot 31 (old Lot 9), and zoned RESIDENTIAL.
COQ NEIRCIAL.
2. Our Cindings are based upon the Application papers and testimony
and r.epresentati.ons at our hearing. We find that Applicant's proposed
use is permitted in the R -C district as an exception, i.e., only by
Special Permit. As a prerequisite, the proposed use must not be in viola-
tion of Section 139 -20, especially 20A. We further find that nothing
intrinsic in the proposed use would violate Section 139 -20. (Applicant,
is, oC course required to remain in compliance.)
3. The 8 -bay, 28' x 142', one- story, windowless building provides
3 rental units. We are told that its appearance has met HDC requirements
for a Certificate of Appropriateness. Gross floor area is to be 3976 SF.
Applicant represents that the undertaking does not qualify as_a Major_
Commercial Development, thus is not within the exclusive jurisdiction of
the Planning Board per Section 139- 9B(4)(b).__
4. In Accordance with the plan submitted by Applicant at the hear -
ing (our Exhibit "A "), Applicant will provide 5 off- street parking spaces
meeting the requirements of Section 139 -18, including 139- 18F(1)1- Screen-
ing, and 11 - Lighting. The parking area shall be surfaced with gavel /stone
n
(I)eci� ion 005 -87) -l-
and have a 20 -foot wide, two -way entry from t
5. Absent any opposition and with the favorable recommendation of
the Planning Board, we find that grant of the requested Special Permit
for the use and structure, substantially as described above and shown on
Exhibit "A ", would be in harmony with the general purpose and intent of
the Zoning Chapter.
6. Accordingly, by UNANIMOUS vote, this Board GRANTS to Applicant
the requested SPECIAL PERMIT for the uses and structure substantially as
so described and shown.
Dated: January 30, 1987
Nantucket, MA 02554
i C -' ; T' °.T 2i? F, I. , is y� is `L AF T M T' IF DECISION
Tr'. '''AIN CUT". A, D THAT
� ; ri'i .;! I • ::, i.__'. i IL u, F U AiVT TO GEiiMAL LAWS
�14? r1, ��1+1Iti'id i,i
TO LERK
William R. Sherman
Dorothy D. Vollans
Dale W. Waine