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Home My WebLink About027-94TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 6 � -7 _ `�(/ Date: May /0 , 1994 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: 927 -94 PHYLLIS G. MAYHEW 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. Dale W. W. Waine Chairman cc: Town Clerk Planning Board Building Commissioner Map 69 Parcel 49 RC -2 District DECISION: 135 Old South Road Certificate of Title No. 13128 NANTUCKET ZONING BOARD OF APPEALS NANTUCKET, MASSACHUSETTS The Board of Appeals, at a public hearing held on Friday, April 8, 1994, at 1:00 P.M. in the Town and County Building, Nantucket, Massachusetts, made the following DECISION on the application (027 -94) of Phyllis G. Mayhew with a mailing address of 130 Old South Road, Nantucket, Massachusetts 02554. 1) Applicants are seeking a modification of Special Permit 013 -92 to add a Special Permit under Nantucket Zoning By -law Section 139- 9B(2)(b) (Storage and Warehousing) in order to construct a building to be used for storage and warehousing as relating to applicant's car rental business and will contain an office and one apartment. Six off - street parking spaces will be provided on the premises for the proposed uses. In addition, applicant is seeking a Special Permit under Nantucket Zoning By -law Section 139 -33A, to the extent necessary, to allow the alteration and intensification of the uses on the property that is said to be non- conforming as to driveway accessibility having 15 feet in width in a district that requires 20 feet. The premises are located at 125 Old South Road, Assessors Map 69, Parcel 49 as shown on Land Court Plan No. 14342 -M, Lot 37. The property is zoned Residential Commercial -2. 2) Our findings are based upon the application papers, plans, and representations and testimony frcm the applicant and applicant's attorney received at the hearing on April 8, 1994. The proposed project received a favorable recommendation from the Nantucket Planning staff. 3) The existing Special Permit (013 -92) permitsthe outdoor storage of motor vehicles under Section 139 -9. B(2) (g) and the rental of motor vehicles under Section 139- 9.B(2)(1) on two conditions: Page One (1) No more than 15 rental cars or trucks, other than customer, employee or tenant parking, be permitted on the premises at any one time; and (2) No servicing, repair or washing of vehicles shall be permitted unless done in an area having an impervious surface designed so that surface water runoff flows into a properly installed and adequately maintained oil separator. 4) The requested relief is to add a Special Permit for storage and warehousing so as to allow for the construction of a structure which would contain approximately 1,650 square feet of warehouse and storage space on the first and second floor, a residential apartment and an approximately 150 square foot office. The office is to be used either by the applicant individually or in connection with his rental car /equipment business. Additional uses on the lot include an existing residential structure and approximately 3,000 square feet of exterior commercial area used for rental car parking and exterior equipment storage. 5) Five parking spaces are required for the project. If the office is open to the public in connection with the rental car /equipment business it would be characterized as a retail us for parking purposes and an additional space required. The parking plan shows six parking spaces and off - street loading facilities being provided and a copy is attached hereto as Exhibit A. As shown on the parking plan, the 200 open space requirements of Section 139- 16.E(1) and the screening requirements of Section 139 -19.A are met by the project. 6) The Board finds that the proposed uses are similar to those found on a number of adjacent properties, in harmony with the general purpose and intent of the Zoning By -law, and in keeping with the character of the neighborhood. 7) With respect to the existing driveway which provides access by easement over adjoining property to Old South Road which is, for a portion, limited to 15 feet in width, the Board finds that it is a pre- existing condition. The Board finds that the proposed project which alters the uses on the property will not be substantially more detrimental to the neighborhood and will be adequately served by the existing driveway, provided the applicant improves the existing driveway area with gravel or shells. Accordingly, by unanimous vote, the Board GRANTS the requested Special Permit under Section 139 -9B(2) (b) as an Page Two additional special permit thereby modifying Special Permit 013 -92, subject to the same conditions set forth in Special Permit 013 -92. The Board, also by unanimous vote, GRANTS the requested Special Permit under Section 139 -33A to allow the alteration of the uses on the property based on the existing driveway which is 15 feet wide, provided that the driveway is improved with a gravel or shell surface. Dated: May l0 , apr94 /mdpmayhew Page Three RECEIVED TOWN CLERK'S OFFICE NANTUCKET. MA 02554 MAY 10 1994 TIME: l 2. 3S� CLERK: Zoning Board of Appeals South Beach Street Nantucket, Mass. 02554 NOTICE A Public liearing of the ZONING BOARD OF APPEALS Will be held at 1:00 P.M., Friday, April 8, 1994, in the Town and County Building, the Selectmen's Meeting Room, Broad Street, Nantucket, Massachusetts, on the Application of: PHYLLIS G. MAYHEW Board of Appeals File No- D27 -94 Applicant is seeking a modification of SPECIAL PERMIT 013 -92 to add a SPECIAL PERMIT under Nantucket Zoning By -Law §139 -9B(2) (b) (.storage and warehousing) in order•to.construct a building to be used for storage and warehousing as related to Applicant's car rental business and will contain an office and one apartment. Six off - street parking spaces will be provided on the premises for the proposed uses. In addition, Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning By -Law §139 -33A, to the extent necessary, to allow the alteration and intensification of the uses on the porperty that is said to be nonconforming as to driveway accessibility having 15 feet in width in a district that requires 20 feet. The premises are located at 135 OLD SOUTH ROAD, Assessor's Map 69, parcel 49, as shown on Land Court Plan 14342 -M, Lot 37. The property is zoned Residential Commercial -2. Lad v /Z, " ywcei Dale W. Wain—e, Chairman THIS NOTICE IS AVAILABLE IN-LARGE PRINT OR OTHER ALTERNATIVE FORMATS. FOR ASSISTANCE CALL (508) 228 -7215. BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS 03/09/94 TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 CASE APPLICATION FOR RELIEF Owner's name(s): Phyllis G. Mayhew Mailing address: Applicant's name: 135 Old South Road same Mailing address: same Location of lot: Assessor's map and parcel number 69 - 49 Street address: 125 Old South Road Registry Land Ct Plan, Plan Bk & Pg or Plan File 14,342 -M Lot 37 Certificate of Title No. 13,128 Date lot acquired: 06 _Lj/ 87 Deed Ref _,_ Zoning district RC -2 Uses on lot - commercial: None _ or MCD ?_ - number of: dwellings 1 duplex_ apartments_ rental rooms_ Building date(s): all pre -8/72? X or C of 0 ?_ Building Permit appl'n. Nos. 8914 -92 (Change of Use Permit) Case Nos. all BoA applications, lawsuits: 013 -92 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 if to alter or extend•a nonconforming use) . If appeal per 139 -3JA & B _ , attach decision or order appealed. OK to attach addendum . See Addendum Attached 0 Items enclosed as part of this Application: orderl addendum2 Locus map X Site plan X showing present x +planned x "'structures Floor plans present proposed_ elevat of ns (HDC.approved? ) Listings lot area x frontage x setbacks x GCR x parking data x Assessor - certified addressee ist 4 sets x—majl n1 g label 2 sets_X 5200 fee payablP.to_-Town•of Nantucket -x proof -'cap' C6venant l(If an appeal, ask Town Clerk to send Bldg Com s record to BoA-.-F I certify that the requested information submitted is substantially complete an 'u rue, to the st -of my knowle$ge, under the pains and perialties erry. SIGNAT E• Applicant _ Attorney /agent X ily name as att racy fur Phyllis G. Mayhew (If not owner or owner's attorney, enclose proof of authority) FOR BoA OFFICE USE by Application copies ree d: 4__j// or for BoA on One copy filed with Town Clerk on:�/6j� by _ complete? One copy each to Planning Bd and Building,Dept.by $200 fee check` given Town Treasurer on (� by �j� /waived? Hearing notice posted3A� l"'ailed l I & M Hearing(s) on _/_/_ cont'd to_/ _/_, _/_/_ withdrawn ?__/_J_ Decision due by_/_/_ made_/_ filed. TC _/__/_, mailed__J__/_ See related cases lawsuits other. !T' Z -� Z C C, -Z � nrr �mc 7Nrt, " Dpi o ch �m ADDENDUM TO APPLICATION OF PHYLLIS G. MAYHEW The Applicant hereby requests a modification of Special Permit No. 013 -92 -- which permitted the outdoor storage of motor vehicles under Section 139 -9.B (2)(g)) and rental of motor vehicles under Section 139.9.B (2)(1) -- so as to add a Special Permit under Section 139.9.B (2)(b) to allow for construction of a new building for storage and warehousing. The resulting uses of the property (and the parking requirements they trigger) will be as follows: Description Use Parking Requirement a.) Existing structure Residential 1 b.) Apartment in new Residential 1 building c.) 1st and 2nd floor Warehouse and storage 2 of new building (approx. 1650 square feet) d.) Office in new Office* 1 building (approx. 150 square feet) e.) Exterior commercial Rental car parking and 0 area (approx. exterior equipment 3000 square feet) storage Total: 5 The new building will include a small office (about 144 square feet) for use by the applicant and an apartment. In the future, the office may be converted by the applicant for use in connection with the car rental business.* The proposed plan shows an off - street loading facility and also shows adequate parking. The 20 percent open space requirement of Section 139- 16.E (1) has been met. Screening requirements, as required pursuant to Section 139.19.A, have also been met. The proposed uses are similar to those found on a number of adjacent properties, in keeping with the character of the neighborhood,-and in harmony with the Zoning Code. * In the event office is open to public in connection with renting cars /equipment, then use becomes characterized as retail and one additional parking space is required. Accordingly, 6 (six) spaces are shown on the parking plan. mar% \mayheu