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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