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.
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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