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HomeMy WebLinkAbout008-94TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: February 18 , 19 94 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: ALBERT L. AND GLADYS M. SILVA, OWNERS, AND PETER A. CONLON, SR., CONTRACT PURCHASER 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. 1 Dale W. Waine Chairman cc: Town Clerk Planning Board Building Commissioner ,? -�y Zoning Board of Appeals Nantucket, Massachusetts DECISION• At a regular meeting of the Zoning Board of Appeals held on Friday, January 7, 1994 at 1:00 p.m. in the Town and County Building, the Selectmen's Meeting Room, Broad Street, Nantucket, Massachusetts, on the application of Albert L. and Gladys M. Silva, Owner--and Peter- -A. Conlon, Sr., Contract Purchaser, of P.O. Box 1057, Nantucket, MA 02554, Board of Appeals File No. 008 -94, the Board made the following Decision: 1. The Applicants are seeking a Special Permit under Nantucket Zoning By -Law §139 -33A (alteration or extension of pre- existing, nonconforming structure /uses). The Applicants propose to change the current pre- existing nonconforming use from that of a truck storage and maintenance facility which included vehicle repair and storage of equipment and materials by reducing the intensity of the use to provide for the storage, rental, sale and repair of motor vehicles. The Contract Purchaser currently operates Nantucket Windmill Auto Rental out of the Nantucket Memorial Airport and proposes to store rental vehicles and equipment on site and additionally to rent, sell and repair automobiles on the property. The premises are located at 35 and 37 Macy Lane, Assessor's Map 68, Parcels 54 and 55, as shown on Land Court Plan No. 16514 -G and S, Lots 48 and 94. The property is zoned LIMITED USE GENERAL -2. 2. At the hearing, the Board considered the Application for Relief, a letter from the Planning Board, letters of support from the Nantucket Inn and owners of property and businesses in the general area, photographs and received testimony from Raymond P. Conlon on behalf of the Contract Purchaser, his attorney, Philip A. Mason of Mason & Martin, and his surveyor, Michael S. Bachman of Nantucket Surveyors, Incorporated. The nature and extent of the pre- existing nonconforming use was established through an aerial photograph of the property, a letter from the prior tenant, New England Telephone, and a site inspection of the current New England Telephone maintenance facility by the Contract Purchaser's surveyor. Letters from several automobile dealers (Rainbow Motors, Silver City, Inc. and Hyannis Toyota) were provided indicating that very little sales customer traffic would be anticipated. No one appeared in opposition to the Application. 11. •� s.B 3. The property is located on Macy Lane, in a Limited Use General -II zone, adjacent to the Nantucket Memorial Airport, that is in a Residential- Commercial zone. The Nantucket Inn property to the north across a street, offered a letter in support of the Application. There are several commercial enterprises in the area that expressed support as well. The abutting residential area is largely undeveloped. 4. The Application noted that at a July 25, 1980 hearing, the Board previously had determined that the property was originally built upon as a gasoline service station prior to the adoption of 1972 zoning, and that a commercial use of the property was established further by the use of the property by New England Telephone as a truck storage and maintenance facility for more than 10 years with no three year lapse in the commercial use of the property at awl time to the present. By letter dated January 4, 1994, New England Telephone advised the Board that (a) the property had been used by New England Telephone from the 1960's to early 1993: (b) between 20 and 25 service and construction vehicles were based at the facility; (c) parking was provided for 10 to 15 New England Telephone employee vehicles; (d) portions of the property were used for storage of materials relating to the vehicles and their maintenance which was performed in the building; and (e) materials related to providing telephone service on Nantucket were also stored on the site, outside. Contents of the New England Telephone letter were confj-rmed by the surveyor's report on current New England Telephone activity at their new maintenance facility. Aerial photos indicated that at least 15,420 SF of space between the two merged lots was used by New England Telephone at any given time. The location contains a pre- existing structure having 1925 SF of ground cover. This structure will remain and be upgraded without any further expansion contemplated at this time. Applicants also represented that a 21E study had been done and the location cleared for use. 5. The Board finds that this property is located in an area devoted to commercial and service establishments and is in a high traffic area due to the Airport. Based upon calculations presented by the Applicant, the Board finds that the Applicant's proposed use of the property will substantially decrease the intensity of the use of the property from that maintained by New England Telephone, with a decrease in the area being devoted to vehicle and equipment storage and a major decrease in vehicle traffic. The Board also finds that the proposed usage and planned screening will substantially improve the appearance of the property. 6. For the reasons Given, the Board finds that the proposed alteration and extension of the pre- existing non- conforming use in this residential zone, would not be more detrimental to the neighborhood than the existing non - conforming commercial use of the property to the (008 -94) -3- neighborhood. The Board voted 4 (four) in favor (Waine, Williams, O'Mara and Leichter) and one opposed ( Balas) to GRANT the relief by Special Permit under Section 139 -33A to change the use as represented, to provide storage, rental, sale and minor motor vehicle and equipment repairs on site, for Lots 48 and 94 on Land Court Plan No 16514 -S on Macy Lane, subject to the following conditions: a) There shall be no washing of vehicles on site; b) No major vehicle repairs shall be performed on site. Vehicle repairs shall be limited to vehicles owned or leased by the owner or tenant occupying the property; c) Parking of vehicles stored on site shall be limited to 55 vehicles; d) Sales of vehicles shall be limited to used cars only; e) Such improvements and alterations will not be to an extent so as to trigger the Major Commercial Development permitting process as defined in §139 -11 of the Nantucket Zoning By -Law; f) Any hazardous or toxic materials or waste stored or generated on site will be handled or disposed of consistent with the requirements of local and State codes; g) Screening will be placed on the site as indicated on the submitted plan, attached hereto and marked as Exhibit A, dated December 7, 1993. Dated: February 18, 1994 Dale W_ RECEIVED TOWN CLERK'S OFFICE NANTUCKET. MA 02554 FEB 18 1994 <3 /,s- TIME. CLERK:_ =L�. - - -__- LfndariF Williams Mil,chaell O'Mara Robert Leichter 14" k*9— Ann Balas TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the ZONING BOARD OF APPEALS will be held at 1:00 P.M., Friday, January 7, 1994, in the Town and County Building, the Selectmen's Meeting Room, Broad Street, Nantucket, Massachusetts, on the Application of: ALBERT L. AND GLADYS M. SILVA, OWNER, AND PETER A. CONLON, SR., CONTRACT PURCHASER Board of Appeals File No. 008 -94 Applicants are seeking a SPECIAL PERMIT under Nantucket Zoning By -Law §139 -33A (alteration or extension of pre- existing, non - conforming structures /uses). Applicants propose to change the current use, said to be pre- existing and non - conforming, from that of a truck storage and maintenance facility which included vehicle repair and storage of equipment and materials by reducing the intensity of the use to provide for the storage, rental, sale and repair of motor vehicles. The proposed use of the property will be ancillary to an existing car rental agency currently sited on Nantucket Municipal Airport property. The Premises are located at 35 and 37 MACY LANE, Assessor's Map 68, Parcels 54 and 55, as shown on Land Court Plan 16514 -G & S, Lots 48 and 94. The property is zoned LIMITED USE GENERAL -2. w� Dale W. Waine, Chairman THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. FOR ASSISTANCE CALL (508) 228 -7215. BoA Form 1 -89 Owner's name(s): Mailing address: NANTUCKET ZONING BOARD OF APPEALS 12/7/93 TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 CASE No. - 1 APPLICATION FOR RELIEF Alhert L. and Gladys M. Silva 0. Box 809 Nantucket, MA. 02554 Applicant's name: Peter A. Conlon, Sr Mailing address: P.O. Box 1057 Nantucket, MA. 02554 Location of lot: Assessor's map and parcel number 68 - 54 and 55 Street address: 35 and 37 Macy Lane' (adjacent to Nantucket Airport) Registry Land Ct Plan, 16514 G &S Lot 48 & 94 Date lot acquired: 12 X79 Cert. of Title 8993 Zoning district LUG 2 Uses on lot - c omm e r c i a 1: 'Storage, Truck Storage & Maintenance FacilityM C D? No - number of: dwellings - duplex - apartments - rental rooms - Building date(s) : all pre -8/72? Yes Building Permit appl'n. Nos. None Case Nos. all BoA applications, lawsuits: BOA 022 -80 (attached) 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 x if to alter or extend a nonconforming use). If appeal per 139 -3�A & B _ attach decision or order appealed. OK to attach addendum RECE See attached Addendum TOWN CLERK'S OFFICE NANTUCKET, MA C2�); -,4. DE 13 1993 TIME: CLERK:_—"' Items enclosed as part of this Application: orderl addendum2 x Locus map Site plan x showing present +planned structures Floor plans present proposed elevations (HDC approved ?_). Listings lot area frontage setbacks GCR parking data Assessor- certifie3 addressee Ii t 4 sets maji ng labels 2 sets_ 200 fee payable to Town of Nantucket proof 'cap' covenant (If an appeal, ask Town Clerk to send Bldg ComrTS 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: _�{�'io-� /�lc� Applicant Attorney /agent 3(If not owner or owner's attorney, enclose proof of authority) ADDENDUM TO APPLICATION FOR RELIEF BY PETER A. CONLON The applicant is seeking a special permit to change a pre- existing nonconforming use pursuant to §139 -33A of the Nantucket Zoning Code. The applicant proposes to change the current nonconforming use of the premises from that of a truck storage and maintenance facility which included vehicle repair and storage of equipment and materials by reducing the intensity of the nonconforming use to provide for the storage, rental, sale and repair of motor vehicles. The contemplated use of the premises will be more attractive and considerably smaller in scale with fewer employees and reduced traffic than the former use maintained by the Telephone Company. As a result, the change in use will not be substantially more detrimental than the existing nonconforming use to the neighborhood, and, in fact, will be a substantial improvement to the neighborhood. �. 00 CM C�^J CM M- p A co e--q ce) C\2 A ca ao v R v 0 U d N Q 0 . O Q� 1� O M f `3- 1.0-4 �� a Ab O T- a -'� c _ Y O � LLI O Q J U O XXX' 0 ,Wy V Z N O (r" c ca o) � z ca ao v R v 0 U d N Q 0 . O Q� 1� O M f `3- THE COMMONWEALTH OF MASSACHUSETTS ............................ Want ul^ kQ.t ........................................ I............. CITY OR TOWN BOARD OF APPEALS ............ Aucu s t.. ..... ..l ... ........... . . ..19 80 NOTICE OF VARIANCE Conditional or Limited Variance or Special Permit (General Laws Chapter 40A, Section 18 as amended) Notice is hereby given that a Conditional or Limited Variance or Special Permit has been granted To ------------------------------- L. Silva Owner or Petitioner Address_.... Shimmq, - = -------------------- - ----- Nantucket City or Town.. •---- - - - - -- -- - - - - -- - ..-- •- -• - - -- .............. a ... anal.- NQ.. ... 9- 4-,-.- JL.taad._Court --- ian-- N4...-- . -- •---------- - - - --- Identify Land Affected .---.--•--------------------------------------------------------------..-------.--- --- ------ ------------------------- 'X - ---- --- ------ - - - - -- -Board of Appeals affecting the by the Town of ----------- PP g rights of the owner with respect to the use of premises OIL Macy Lane Nantucket --------- ----- ------ ---- ...--- •--- - - - - -• ---•------------•----- •- ...------------ •-- •--- - - -... Street City or Town the record title standing in the name of Albert L. Silva •--- -------- ------•--•--••----••-------•------------------ •------ •---- - - - -•• •-- •---- - - - - -• •--- -• - - -• - -• ------------ ......-- •- •---- •-------- - - -• -. _...... whose address is . .............. ... . .. Shimmo, ................... Nantucket Mass . Street City or Town State by a deed duly recorded in the ........ anturaket ........... County Registry of Deeds in Book Page_________________ _______IVp�'NCKE7 -- - - - - -- Registry District of the Land Court Certificate No._. aON93 ................. Book ................ Page ................ The decision of said Board is on file with the papers in Decision or Case No..Q 2.2 -_$ Q.._ - -_- EMyc in the office of the Town Clerk ..... of Nantucket ......... Certified this .... 7th -_day of........... August________ _____________1980- �e o. Board of Appeals: e-ee- ----------------- - - - - -- .. .... 2 . _ r.....�u ---- - - - - -- ..Chairman L� Board of Appease ---------- - - - - -- -------------------- -Clerk Board of Appeals = ------------------ - - - - -- 19-- - - - - -- at-------- - - - - -- o'clock and-------------------------- - - - - -- minutes - - -.M. Received and entered with the Register of Deeds in the County of ........... ............................... Book............ ...... ...... Page........................ ATTEST °-------•---------------------------------------------------••--•--•----•- Register of Deeds 1N�tinn t.. %in rorn,Jl J 1— rn.,,l BOARD OF APPEALS Nantucket,.Massachusetts DE(!I S IY)N At a regular meeting of the Board of Appeals held Friday, July 25, 1980, at 3:00 p.m., at the Town and County Building, in the matter of the application of ALBERT L. SILVA (022- 80),.after due deliberation, the Board found: 1. This is an application for a Special Permit to expand a non - conforming use to permit the operation of a gas service station and car wash on property presently used for storage and garage facilities. 71he property is located on Macy Lane and is zoned LUG -I. 2, The subject property is located on Macy Lane adjacent to Nantucket Memorial Airport. The property to the north is occupied by the site of a proposed motel which has received a Special Permit from this Board. The adjacent property is largely undeveloped. This particular lot was originally built upon as a gas service station and was last operated as such about 10 years ago. During the recent years, it has been leased to the Telephone Company as truck storage and mainten- ance facilities. The applicant intends to put a 1,000 square foot addition on the building and add a gas pump island which would be available to serve transient motorists and the large fleet of rental cars at the airport. 3. The Board finds that this property is located in an area devoted to commercial and service establish- ments and is in a high traffic area due to the airport. The existing Telephone Company operation has established a commercial use of the property for more than 10 years and the proposed gas station could not but improve upon its appearance. 4. For the reasons given, the Board finds that the proposed operation and extension of the non-conform- ing use would not be more detrimental than the existing use of the property to the neighborhood. It was the unanimous decision of the Board that the application for a Special Permit to operate a aas service station and car wash and to extend the existing building in accord- ance with plans submitted, be granted for Lots 48 and 94 on Land Court Plan No. 16514 -S on Macy Lane in Nantucket. BOARD OF APPEALS