HomeMy WebLinkAbout065-910 d 5 - 7/.
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: December 4 1991
To: Parties in Interest and.Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.: 065 -91
Owner /Applicant: RONALD DASILVA
Enclosed is the Decision of the BOARD OF APPEALS vhich has
this day been filed in the office of the Nantucket Town
Clerk.
mn !DDeal from this Decision may be tar:en pursuant to
Section 17 of Ch;-:;?ter 40A, ',Iassachusetts General Taws
r: action appealing vision �.st l } _
1i11ai� an L'JlSi1�J. lai n -L In cour .. rt1 L�_n TIt �� \�1 ( ��/ 1:Z>
this day's date. Notice of the action with a co. ; of t;:e
and certified cor_-y of the Declsloi7 Must .".e 91Ve:7
}o �t:a _ ,,n Clerk so a3 , o ' recd . e 1 �..? 1 u� .'ri�_.. lr
(2-0) days. / /
P,obert J. ,lei hter, , C ha i r ^i = n
cc: Town Clerk
Planning Board
Building Commissioner
r
TOWN OF NANTUCKET
BOARD OF APPEALS
DECISION:
The Board of Appeals at a Public Fearing held on Friday,
October 18, 1991 and November 15, 1991 at 1:00 P.M. in the Town and
County Building, Nantucket, made the following Decision upon the
Application of Ronald M. DaSilva (065 -91), address 10 Newtown Road,
Nantucket, MA 02554:
1. Applicant requests a special Permit or a Modification of
prior Special Permit Numbers 013 -77 and 062 -90 to use an addi-
tioral garage bay as a laundry facility with twc (2) additional
commercial washers and dryers and two (2) mangles 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 and a
portion has been used as a laundry facility pursuant to prior
Special Permit, 062 -90. 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 purpose and
intent of the Zoning by -law. No additional employees will be
necessary to operate the additional equipment, therefore no
additional parking spaces are required.
3. A Special Permit and or modification of prior permits Nos.
062 -90 and 013 -77 may be granted upon the following conditions:
a. the property will be served by Town sewer and water;
b. the laundry facility may occupy the additional garage bay
space shown on Exhibit A attached hereto;
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;
e. the laundry facilities shall be operated so as to be sub-
stantially odor free;
f. the dryer vents shall be relocated from the side of the
building to the rear or southerly side of the Building as
shown on
Exhibit A attached hereto.
For the reasons and upon the conditions set forth herein, the
Board by unanimous vote, GRANTS the Applicant relief by Special
Permit and modification of Permits Nos. 013 -77 and 062 -90 with
respect to 8 Windy Way.
Dated: ®tcember q , 1991
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, October 18, 1991, in the Town and County
Building, Broad Street, Nantucket, Massachusetts, on the
Application of:
RONALD M. DASILVA, INC.
Board of Appeals File No. 065 -91
Applicant is seeking a Modification of the existing Special
Permit issued in Board of Appeals File No. 062 -90 to allow the
use of one (1) additional garage bay by the same lessee for
folding and storage of laundry and for installation and operation
of two (2) additional commercial washers and dryers and two (2)
mangles. In addition and /or in the alternative, Applicant seeks
a Special Permit under § §139 -30A and 139 -33A to allow the
proposed use of two (2) garage bays, one more than at present,
for a commercial laundry for one tenant.
The premises are located at 8 WINDY WAY, Assessor's Map 67,
parcel 118.8, as shown in Plan Book 22, page 94, Lot 2. The
property is zoned RC -2. See Board of Appeals File No. 013 -77.
Z k (
Robert J. Le' t r, Chairman
TOWN AND COUNTY BUILDING uar.e
NANTUCKET, MA 02554 Q!➢J'Q�
CASE No.
APPLICATION FOR RELIEF
Owner's name(s): Ronald M DaSilva Inc
Mailing address: 10 Newtown Road Nantucket MA 02994
Applicant's name: Same
Mailing address:
Same
Location of lot: Assessor's map and parcel number 67 - 11R_R
Street address: 8 Windy Wa
Registry :iymtubc#xaPadatCCCi Plan Bk & Pg or Plan File 72/94 Loth_
1984 Subdivision ANR
Date lot acquired: Deed Ref 1_Ep 149 Zoning district R -C2
facili* s
Uses on lot - commercial: None _ or warohnuGP c;+-mrnge -
- number of: dwellings— duplex_ apartments 2 rental rooms employee
- dormitory
Building date(s): all pre -8/72? or See attached list C of O? yp
Building Permit appl'n. Nos. See attached list
Board of Appeals #013 -77, and
Case Nos. all BOA plications, lawsuits:
a
Planning Board v RonalA naSilva,
e t al
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 x if a Special Permit (and 139 -33A
x if to alter or extend a nonconforming use). If appeal per 139 -3jA
& 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 +planned structures
Floor plans present x proposed_ elevations _ (HDC approved ?_)
Listings lot area x frontage x setbacks, GCR_x parking data x
Assessor- certifie3 addressee 1-1st 4 sets mailing labels 2 sets
5200 fee payable to Town of Nantucket x proof 'cap' covenant
(If an appeal, ask Town Clerk to sent —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.
SIGNATURE: Applicant Attorney /agent x
3(If not o ner or owner's attorney, enclose proof of authority)
FOR oA OFFICE USE
Application copies recd: _ or for BOA on�/� by CPO
PO
One copy filed with Town Clerk on7/a!F( by /._ /complete? i/
One copy each to Planning Bd and Building Dept/- q1 by6*(v
$200 fee check given Town T�jr /easurer on�/ by waived? —
Hearing notice posted / -I ` mailed—q//TI & MAO/-��, (-O/A-0/y�
Hearing (s) one _/_ cont' d to —/_/_, ��_ withdrawn ?_/___/_
Decision due by��_ made��_ filed TC--/_/_ mailed__/__/_
See related cases lawsuits other
ADDENDUM
Applicant seeks a modification of a prior Special Permit #062-
90 to add two (2) additional commercial washers and dryers, and two
(2) mangles. Modification to permit an additional garage bay to
be leased to the same hotel for folding and stoarge is requested.
No additional employees will be necessary to operate the
additional equipment, therefore no additional parking spaces are
required.
The property will continue to 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.
The existing laundry facility with an additional washer and
dryer 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.
If required, Applicant seeks a Special Permit pursuant to
Section 139 -30A.
In the alternative, if the proposed use is an alteration or
change to a pre- existing non - conforming use or structure, or a
modification of a prior permit ( #062 -90) or (013 -77), the Board may
find that such alteration or change is not substantially more
detrimental to the neighborhood than the previously existing non-
conforming use or structure or existing special permit use.
nuavutionGE loti`!
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: October 3 1990
MODIFICATION OF
C_ ERTIFICATE OF GRANTING OFXV=FA=1XX �K= SPECIAL PERMIT
(Massachusetts General Laws, Chapter 40A, Section 11)
The BOARD OF APPEALS of the TOWN OF NANTUCKET, hereby certifies
that a Xc1ejX0(YffXSPECIAL PERMIT has been GRANTED:
To:(Owner /Applicant) Ronald M. DaSilva (062 -90) Modification of
_Special Permit (013 -77)
Address: Newtown Road, Nantucket, MA 02554
affecting the rights of the Owner /Applicant with respect to land or
building at:
8 Windy Way, Lot 2, Plan Book 22, Page 94, Assessor's
Map 67, Parcel 118.8
Deed Reference:
And the BOARD OF APPEALS further certifies that the attached
Decision is a true and correct copy of its Decision GRANTING the
X%K=FV=XaXffaVbV SPECIAL PERMIT and that copies of the Decision and of
all plans referred to in the Decision have been filed with the Planning
Board and the Town Clerk.
The BOARD OF APPEALS calls to the attention of the Owner/
Applicant that General Laws, Chapter 40A, Section 11 (last paragraph)
provides that noXVQ12GWX=XdV4VAY2C SPECIAL PERMIT, or any EXTENSION,
MODIFICATION or RENEWAL thereof, shall take effect until (a) a copy of
the Decision is certified by the Town Clerk that TWENTY (20) days have
elapsed after the Decision has been filed in the office of the Town
Clerk and no appeal has been filed (or, if such appeal has been filed,
that it has been dismissed or denied) and (b) the certified copy is
recorded in the Registry of Deeds for the County of Nantucket 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 recording or registering shall be paiy the Owner /Applicant.
f
Ch irman a
DECISION:
BOOKU000PACE 000
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.
BOOK0353PAGE T37
i
In the matter of the petition of Edward Burchell (013 -77):
i
II Mr. Richard Coffin appeared for the owner and stated that he repre-}
i
sented the contract purchaser. The land area is a 2.5 acre tract
located on Surfside Road opposite The Derby Restaurant. The site
is zoned residential - commercial which allows a contractors shop
by special permit. The contract owner desires to use the premises
as the site of a general contractor's shop.
The land is located adjacent to other property used for gen-
eral construction. Commercial uses surround the area.
No other person spoke in favor or opposition.
The Chairman read a letter from the Planning Board recommend-
ing approval of the petition.
After due deliberation the Board found:
The area is primarily commercial and light industrial in use.
The proposed use can be allowed without any damage to the sur-
rounding area.
Upon motion of fir. Hyde, seconded by Mrs. Cahoon, it was un-
animously voted to grant the petition, and the special permit is
granted.
;'m.:
+T��Ay�9 QA1S�ik1 PSEO AFTER THE DECISION
TOWN CLERK, A, NO THAT
�u3,r1 L� tU, fyEq I 0 GENERAL . WS
s
- r
In the matter of the petition of Island Hotels Company
(011 -77): Attorney Richard Glidden appeared for the petitioner
and stated the petitioner is the owner of The Harbor House pre-
mises, South Beach Street and'Sea Street. 'The land area is 3.19
acres now uartially used as a hotel and restaurant. The Petitioner
n
r~
U
Y
G S
U
0
BOOK0353PAGE T37
i
In the matter of the petition of Edward Burchell (013 -77):
i
II Mr. Richard Coffin appeared for the owner and stated that he repre-}
i
sented the contract purchaser. The land area is a 2.5 acre tract
located on Surfside Road opposite The Derby Restaurant. The site
is zoned residential - commercial which allows a contractors shop
by special permit. The contract owner desires to use the premises
as the site of a general contractor's shop.
The land is located adjacent to other property used for gen-
eral construction. Commercial uses surround the area.
No other person spoke in favor or opposition.
The Chairman read a letter from the Planning Board recommend-
ing approval of the petition.
After due deliberation the Board found:
The area is primarily commercial and light industrial in use.
The proposed use can be allowed without any damage to the sur-
rounding area.
Upon motion of fir. Hyde, seconded by Mrs. Cahoon, it was un-
animously voted to grant the petition, and the special permit is
granted.
;'m.:
+T��Ay�9 QA1S�ik1 PSEO AFTER THE DECISION
TOWN CLERK, A, NO THAT
�u3,r1 L� tU, fyEq I 0 GENERAL . WS
s
- r
In the matter of the petition of Island Hotels Company
(011 -77): Attorney Richard Glidden appeared for the petitioner
and stated the petitioner is the owner of The Harbor House pre-
mises, South Beach Street and'Sea Street. 'The land area is 3.19
acres now uartially used as a hotel and restaurant. The Petitioner
LAW OFFICES
HOLMES, HAYS & FITZGERALD
35 CENTER STREET
P. O. BOX 1108
NANTUCKET, MASS. 02554
WAYNE F. HOLMES
WILLIAM H. HAYS III
JULIE A. FITZGERALD
September 23, 1991
Mr. Robert Leichter, Chairperson
Board of Appeals
Town & County Building
Broad Street
Nantucket, MA 02554
RE: Application of Ronald M. DaSilva
8 Windy Way
Dear Mr. Leichter:
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)
sets of
site plan;
8.
Two (2)
sets of
mailing labels;
9.
Four (4)
copies
of Special Permit #062 -90;
10.
Check in
the amount
of $200.00.
4r-.?l
(508) 228-00- 2
FAX (508) 228 -8943
Kindly schedule this matter for hearing on October 18, 1991.
Very truly yours,
1e A. era
JAF /sdb
Enclosures
cc: Mrs. Joanne M. Holdgate, Town Clerk
Mr. Ronald M. DaSilva
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ADDENDUM
Applicant seeks a modification of a prior Special Permit #062-
90 to add two (2) additional commercial washers and dryers, and two
(2) mangles. Modification to permit an additional garage bay to
be leased to the same hotel for folding and stoarge is requested.
No additional employees will be necessary to operate the
additional equipment, therefore no additional parking spaces are
required.
The property will continue to 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.
The existing laundry facility with an additional washer and
dryer 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.
If required, Applicant seeks a Special Permit pursuant to
Section 139 -30A.
In the alternative, if the proposed use is an alteration or
change to a pre- existing non - conforming use or structure, or a
modification of a prior permit ( #062 -90) or (013 -77), the Board may
find that such alteration or change is not substantially more
detrimental to the neighborhood than the previously existing non-
conforming use or structure or existing special permit use.
nuUX V000PAGE 1004
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: October 3 1990
MODIFICATION OF
CERTIFICATE OF GRANTING OFXGr"YA=]XX ffA= SPECIAL PERMIT
(Massachusetts General Laws, Chapter 40A, Section 11)
The BOARD OF APPEALS of the TOWN OF NANTUCKET, hereby certifies
that a @ =XWff0(YffXSPECIAL PERMIT has been GRANTED:
To:(Owner /Applicant) Ronald M. DaSilva (062 -90) Modification of
Special Permit (013 -77)
Address: Newtown Road, Nantucket, MA 02554
affecting the rights of the Owner /Applicant with respect to land or
building at:
8 Windy Way, Lot 2, Plan Book 22, Page 94, Assessor's
Map 67, Parcel 118.8
Deed Reference:
And the BOARD OF APPEALS further certifies that the attached
Decision is a true and correct copy of its Decision GRANTING the
xVQWFA =XXffd " SPECIAL PERMIT and that copies of the Decision and of
all plans referred to in the Decision have been filed with the Planning
Board and the Town Clerk.
The BOARD OF APPEALS calls to the attention of the Owner/
Applicant that General Laws, Chapter 40A, Section 11 (last paragraph)
provides that no X pQ=Y&IJV2WtX SPECIAL PERMIT, or any EXTENSION,
MODIFICATION or RENEWAL thereof, shall take effect until (a) a copy of
the Decision is certified by the Town Clerk that TWENTY (20) days have
elapsed after the Decision has been filed in the office of the Town
Clerk and no appeal has been filed (or, if such appeal has been filed,
that it has been dismissed or denied) and (b) the certified copy is
recorded in the Registry of Deeds for the County of Nantucket 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 recording or registering shall be pai y the Own r /Applicant.
Ch irman e r k
DECISION:
BOOKULID0PAGE 000
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.
BOOKU35 3PACI T37
In the matter of the petition of Edward Burchell (013 -77):
Mr. Richard Coffin appeared for the owner and stated that he repre -f
i
sented the contract purchaser. The land area is a 2.5 acre tract i
located on Surfside Road opposite The Derby Restaurant. The site
i
is zoned residential - commercial which allows a contractors shop
i
by special permit. The contract owner desires to use the premises;
as the site of a general contractor's shop.
The land is located adjacent to other property used for gen-
eral construction. Commercial uses surround the area.
No other person spoke in favor or opposition.
The Chairman read a letter from the Planning Board recommend -I
ing approval of the petition.
After due deliberation the Board found:
The area is primarily commercial and light industrial in use.
The proposed use can be allowed without any damage to the surf
rounding area.
Upon motion of Air. Hyde, seconded by Mrs. Cahoon, it was un-
animously voted to grant the petition, and the special permit is
granted.
S•�iA� PSED AFTER THE DECISION
TOWN CLERK, AND THAT
`. %:' ' -tiv it rU. riE34iA' T O CAE ERAL . WS
In the matter of the petition of Island Hotels Company
(011 -77): Attorney Richard blidden appeared for the petitioner
and stated the petitioner is the owner of The Harbor House pre -
mises, South Beach Street and•Sea Street. 'The land area is 3.19
acres now partially used as a hotel and restaurant. The Petitioner
h
� r
U ti
V. tar)
a �C
fi. �
f--
m
V
ow
c�
BOOKU35 3PACI T37
In the matter of the petition of Edward Burchell (013 -77):
Mr. Richard Coffin appeared for the owner and stated that he repre -f
i
sented the contract purchaser. The land area is a 2.5 acre tract i
located on Surfside Road opposite The Derby Restaurant. The site
i
is zoned residential - commercial which allows a contractors shop
i
by special permit. The contract owner desires to use the premises;
as the site of a general contractor's shop.
The land is located adjacent to other property used for gen-
eral construction. Commercial uses surround the area.
No other person spoke in favor or opposition.
The Chairman read a letter from the Planning Board recommend -I
ing approval of the petition.
After due deliberation the Board found:
The area is primarily commercial and light industrial in use.
The proposed use can be allowed without any damage to the surf
rounding area.
Upon motion of Air. Hyde, seconded by Mrs. Cahoon, it was un-
animously voted to grant the petition, and the special permit is
granted.
S•�iA� PSED AFTER THE DECISION
TOWN CLERK, AND THAT
`. %:' ' -tiv it rU. riE34iA' T O CAE ERAL . WS
In the matter of the petition of Island Hotels Company
(011 -77): Attorney Richard blidden appeared for the petitioner
and stated the petitioner is the owner of The Harbor House pre -
mises, South Beach Street and•Sea Street. 'The land area is 3.19
acres now partially used as a hotel and restaurant. The Petitioner
oo0>p�
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