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HomeMy WebLinkAbout079-94TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: December /? 1 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.: 079 -94 Owner /Applicant: H. FLINT RANNEY, RANNEY PROFIT SHARING TRUST 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. CJ Dale W. Waine Chairman cc: Town Clerk Planning Board Building Commissioner Assessor's Map 67 Parcel 117 RC -2 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 20 Boynton Lane Plan Book 248, Page 32 Lot 9 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., Friday, December 9, 1994, in the Selectmen's Meeting Room, Town and County Building, Broad Street, Nantucket, MA, on the Application of H. FLINT RANNEY, RANNEY PROFIT SHARING TRUST, of P.O. Box 597, Nantucket, MA 02554, Board of Appeals File No. 079 -94, the Board made the following Decision: 1. Applicant seeks a SPECIAL PERMIT under Nantucket Zoning By -Law §139- 9B(2)(g) (garages for storage, repair, washing, painting or other servicing of motor vehicles) specifically to operate an automobile detailing service business. Applicant is currently operating the same business permitted under BOA File No. 107 -93, in one of two garage bay units on the first floor of an existing structure and proposes to expand the business to the second garage bay. The structure also contains two apartments on the second floor. The premises is located at 20 BOYNTON LANE, Assessor's Map 67, Parcel 117, as shown in Registry Plan Book 248, Page 32, Lot 9. The property is zoned Residential Commercial -2. 2. The Decision is based upon the Application and materials submitted with it and testimony and evidence submitted at the Hearing. There were no letters in the file and the Planning Board made a favorable recommendation. 3. Applicant is currently operating his vehicle detailing business out of one bay of a two bay garage. His business has grown to the extent that he proposes to expand to the second bay that is currently being used for storage. Applicant represents that the business involves the detailed cleaning and waxing of the interiors and exteriors of vehicles. No painting of vehicles or steam cleaning of engines will be performed. All chemicals used are biodegradable and will be disposed of according to all local and state requirements. Applicant further represents that the garage is outside of the Aquifer Recharge District. The required parking spaces will be provided for the uses in the structure. The two apartments on the second floor will be maintained. 4. Accordingly, the Board, by a unanimous vote, GRANTS the requested relief to expand the current business, allowed in BOA Decision 107 -93, to the second bay of the existing garage, under §139- 9B(2)(g) and further finds that the proposed use is in harmony with the purpose and intent of the Zoning By -Law and that it will (079 -94) -2- not be in violation of Zoning By -Law §139- 7E(4), subject to the following conditions: a. The work performed within the garage space shall be restricted to "vehicle detailing" which is the cleaning and waxing of the interiors and exteriors of vehicles; b. There will be no steam cleaning of engines, painting or body work done to vehicles; and C. Any hazardous materials must be disposed of according to local and state regulations. Dated: December �� 1994 OJ RECEINiED roWN CLERK'S OFFICE NANTUCKET.'< DEC 191994 Wo 4 -- Ann as Michael Angelastro Zoning Board of Appeals South Beach Street Nantucket, Mass. 02554 NOTICE A Public Hearing of the ZONING BOARD OF APPEALS will be held at 1:00 P.M., Friday, December 9, 1994, in the Selectmen's Meeting Room, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of: H. FLINT RANNEY, RANNEY PROFIT SHARING TRUST Board of Appeals File No. 079 -94 Applicant seeks a SPECIAL PERMIT under Nantucket Zoning By- Law §139- 9B(2)(g) (garages for storage, repair, washing, painting or other servicing of motor vehicles) specifically to operate an automobile detailing service business. Applicant is currently operating the same business permitted under BOA file 107 -93, in one of two garage bay units on the first floor of an existing structure and proposes to expand the business to the second garage bay. The structure also contains two apartments on the second floor. The premises is located at 20 BOYNTON LANE, Assessor's Map 67, parcel 117, as shown in Registry Plan Book 248, Page 32, Lot 9. The property is zoned Residential Commercial -2. J Dale W. Waine, Chairman THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. FOR ASSISTANCE CALL (508) 228 -7215. 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 if to—.alter or extend a nonconforming use). If appeal per 139 -3JA & B _ ,,attach decision or order appealed. OK to attach addendum . Applicants are seeking a Special Permit under Nantucket Zoning By -Law Section 139- 9B.2(g), (garages for storage, repair, washing, painting or other servicing of motor vehicles) specifically to expand the operation of an automobile detailing service business. Applicant now operates the same under Special Permit granted by the Board of Appeals dated January 14, 1994, Application No. 107 -73. The structure also contains two garage apartments on the second floor. Applicant represents that the business involves detailed cleaning of the interiors and exteriors and the waxing of vehicles. No vehicle painting or steam cleaning of engines will be performed. All chemicals used are biodegradable and will be disposed of according to all local and state requirements. The location of the property is outside the Aquifer Recharge District. The required parking spaces will be provided for the uses in the structure. Items enclosed as part of this Application: orderl addendum2 Locus maps Site plan x showing present +planned structures Floor plans present proposed_ elevations (HOC aVproved ?_) Listings lot area frontage setbacks GCR parking data Assessor- certifie3 addressee Iist 4 sets x ma�li'ng labels 2 sets x 5200 fee payable to Town of Nantucket x proof, 'cap' covenant (If an appeal, ask Town Clerk to send Bldg Comr s record to BoA77 I certify that the requested ir4ormation submitted is substantially complete and tr to he bes my knowledge, under the pains and penalties of r . SIGNATURE: Applicant Attorney /agent x 3(If not owner or own 's attorney, enclose proof of authority) FOR Bo OFFICE USE Application copies recd: 4(/ or— for BOA onbY v° One copy filed with Town Clerk cn�� bY�_ complete? L� one copy each to Planning B& and Building Dept/ by $200 fee check given// Town Treasurer on ,,//�b wai�v�ed�'- Hearing notice posted/ /Z� ailedZ�fZ,(-/-I & Hearing(s) on__/__/_ cont' d to_/__/_, withdrawn ?__-/_-/_ Decision due - by_/ _/_ ma:le�_ /_ filed TC��_ mailed_/_ See related cases lawsuits other M n 7 7 = i n r •17 BOA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS Date ?,� TOWN AND COUNTY BUILDING ?. r �> NANTUCKET, MA 02554 No.- C/ * 4`. CASE - •� APPLICATION FOR RELIEF kM1q` Ut (; A T ? owner 's' name (s) H. Flint Ranney Ranney Profit Sharing Trust Mailing address: P. 0. Box 597 Nantucket MA 02554 Applicant's name: James T. Ranney, Lessee by Keith M Yankow Esq. Mailing address: P. 0. Box 675 Nantucket MA 02554 Location of lot: Assessor's map and parcel number 67 - 117 Street address: 20 Boynton Lane Nantucket MA Book 248 Registry Land Ct Plan, Plan Bk & Pg or Plan File Page 32 Loth_ Date lot acquired: _Lj 18 86 Deed Ref 24 Zoning district R -C -2 _ Uses on lot - .commercial:' None _ or auto detailinE MCD ?_ r�cx - number of: dwellings_ duplex_ apartments 2 — X7S 2 — Building date(s) : all pre -8/72? no or as- built- 2/3/94 C of O? yes Building Permit appl'n. Nos. 10088 -93 and 10771 -94 Case Nos.: all BOA applications, lawsuits: BOA 107 -93 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 if to—.alter or extend a nonconforming use). If appeal per 139 -3JA & B _ ,,attach decision or order appealed. OK to attach addendum . Applicants are seeking a Special Permit under Nantucket Zoning By -Law Section 139- 9B.2(g), (garages for storage, repair, washing, painting or other servicing of motor vehicles) specifically to expand the operation of an automobile detailing service business. Applicant now operates the same under Special Permit granted by the Board of Appeals dated January 14, 1994, Application No. 107 -73. The structure also contains two garage apartments on the second floor. Applicant represents that the business involves detailed cleaning of the interiors and exteriors and the waxing of vehicles. No vehicle painting or steam cleaning of engines will be performed. All chemicals used are biodegradable and will be disposed of according to all local and state requirements. The location of the property is outside the Aquifer Recharge District. The required parking spaces will be provided for the uses in the structure. Items enclosed as part of this Application: orderl addendum2 Locus maps Site plan x showing present +planned structures Floor plans present proposed_ elevations (HOC aVproved ?_) Listings lot area frontage setbacks GCR parking data Assessor- certifie3 addressee Iist 4 sets x ma�li'ng labels 2 sets x 5200 fee payable to Town of Nantucket x proof, 'cap' covenant (If an appeal, ask Town Clerk to send Bldg Comr s record to BoA77 I certify that the requested ir4ormation submitted is substantially complete and tr to he bes my knowledge, under the pains and penalties of r . SIGNATURE: Applicant Attorney /agent x 3(If not owner or own 's attorney, enclose proof of authority) FOR Bo OFFICE USE Application copies recd: 4(/ or— for BOA onbY v° One copy filed with Town Clerk cn�� bY�_ complete? L� one copy each to Planning B& and Building Dept/ by $200 fee check given// Town Treasurer on ,,//�b wai�v�ed�'- Hearing notice posted/ /Z� ailedZ�fZ,(-/-I & Hearing(s) on__/__/_ cont' d to_/__/_, withdrawn ?__-/_-/_ Decision due - by_/ _/_ ma:le�_ /_ filed TC��_ mailed_/_ See related cases lawsuits other M n 7 7 = i n r •17 mom, ?. r ��Cr DOJ a Ut (; A T f Ilk N SURFSIDC Its o c qtr - t i F i s -! 3� K31 tx - Q'GJ�UU NANTUCKET BUILDING kr Date,l —/— ?y— a 'U� o� �P h 0 t, U4e� k i E \ \BA:Z) P 1--?6 r d�14 /2865 �y -:. CURRENT ZONING MAP: ? ���` Of M 4 "-. MINIMUM LOT SIZE: 6r, 00o '50 �- ° RICHARD t s MINIMUM FRONTAGE: /O K. l o EARLF FRONTYARD SETBACK: 20 No. 29416 woe SIDE AND REAR SETBACK: ��FS ciSTv ALLOWABLE G.C.R.: .1O �� EXISTING G.C.R.: 20 ° PROPERTY LINES SHOWN ARE TAKEN FROM RECORDED DEED AND PLAN REFERED TO HEREON. BUILDINGS, MONUMENTS, ETC. ARE PLOTTED FROM FIELD MEASUREMENTS. N.B. %II9 98 ,r20 Sit 13± w Z AS —BUILT PLOT PLAN IN NANTUCKET, MASSACHUSETTS SCALE: /NCO' DATE: DEED REFERENCE:-& 32 PLAN REFERENCE: -PJ- c:2- /7 ASSESSOR'S MAP G-1 PCL 17 / PREPARED FOR: NANTUCKET SURVEYORS INC. 5 WINDY WAY NANTUCKET, MA. 02554 N— 36 of �• BoA- Form 2 -89 NANTUCKET ZONING BOARD OF APPEALS TOWN- AND, COUNTY BUILDING NANTUCKET] MA 02554 ASSESSOR'S LIST OF PARTIES IN INTEREST PROPERTY ,.OWNER: ' 1 n� ` \ �r 1 nt `A APPLICANT FOR RELIEF ( SAME? ADDRESS-.'OF PROPERTY: C9 r) ASSESSOR'S MAP - PARCEL: •,Sy.Z- 1 1 LIST OF PARTIES INCLUDING ADDRESSES *(OR SEE ATTACHED,- .11 certify•,that ..*thee foregoing (or the attached ) lists all persons.;:.natural or lecjal, who are owners oY- abutting property- l,'owners•of land directly opposite on any public or private'-street or way; and abutters of the abutters and all other land owners within three hue ndrd feet e property line' -of Owners property, address) appear on the most recent applicable their ble tax list [per.M.G'.L. c.40A, Section 11 and Zoning Code Chapter 139, Section 139- 29D(2)]. � �^\ ' 9 -Z s s ors, Town o Nantuc et Date *NOTE: Applicant '(petitioner) should include with the lot for which zoning relief is sought, any commonly -owned abutting lots which might become involved in the zoning matter. List map and parcels for each abutter. 10/11/94 TOWN OF NANTUCKET PAGE 1 13:59:46 OWNER'S MAILING ADDRESS LIST MUAS750 8.1 1 Map Block Lot Owner's /Co- Owner's Name Mailing Address /City State Zip Property Location 0067 01171 KASCHULUK JEFFREY PO BOX 2890 0002 BOYNTON LN NANTUCKET MA 02584 0067 01172 KASCHULUK JEFFREY TR PO BOX 2890 0004 BOYNTON LN NANTICUT REALTY TRUST NANTUCKET MA 02584 0067 01174 BOYNTON ANDREW C 109 UMBRIO LN 0008 BOYNTON LN CHAPEL HILL NC 27514 0067 01175 READER ROBERT B & ELIZABETH L 0012 BOYNTON LN 0012 BOYNTON LN NANTUCKET MA 02554 0067 0118 DASILVA RONALD PO BOX 516 0009 WINDY WAY NANTUCKET MA 02554 0067 01181 COOPER JAMES A INC 0007 WINDY WAY 0007 WINDY WAY PO BOX 1344 NANTUCKET MA 02554 0067 0447 MAURY JOHN F & THERESA H 0036 HUMMOCK POND RD 005A WINDY WAY C/O MAURY JOHN F TR NANTUCKET MA 02554 -2616 0067 0448 BACHMAN MICHAEL S & PATRICIA E PO BOX 954 0058 WINDY WAY NANTUCKET MA 02554 0067 0449 MAURY JOHN F & THERESA H 0036 HUMMOCK POND RD 005C WINDY WAY C/O MAURY JOHN F TR NANTUCKET MA 02554 0067 0450 MAURY JOHN F & THERESA H 0036 HUMMOCK POND RD 005D WINDY WAY C/O MAURY JOHN F TR NANTUCKET MA 02554 0067 0451 MAURY CHRISTOPHER L 0003 WINDY WAY 003A WINDY WAY NANTUCKET MA 02554 0067 0452 MAURY CHRISTOPHER L 0003 WINDY WAY 0036 WINDY WAY NANTUCKET MA 02554 0067 0453 CAMPOCHIARO LOUIS A PO BOX 3004 003C WINDY WAY NANTUCKET MA 02584 0067 0454-- REIS MYLES SR - - PO BOX "113 OOO�CYNN(IA_S1F NANTUCKET MA 02554 0067 0455 REIS - MYLES SR — " PO BOX 113 0008- CYNWA -L NAN TUCKE 1\"554- 0067 01188 DASILVA RONALD M INC PO BOX 516 0008 WINDY WAY NANTUCKET MA 02554 0067 01187 NICKANOOSE ASSOCIATION PO BOX 1825 0006 WINDY WAY C/O DAY JAMES NANTUCKET MA 02554 0067 01186 RONALD M DASILVA INC PO BOX 516 0004 WINDY WAY NANTUCKET MA 02554 0067 01185 DASILVA JOHN G & BARBARA M PO BOX 2258 0002 WINDY WAY NANTUCKET MA 02584 0067 0218 REIS MYLES M & PRISCILLA L PO BOX 113 0057 SURFSIDE RD NANTUCKET MA 02554 0067 02105 JOHNSEN ALBERT C III & JOANNE PO BOX 32 0003 MIACOMET AVE NANTUCKET MA 02554 0067 0379 CONLON PETER A 0003 GREEN MEADOWS 0003 GREEN MEADOWS PO BOX 1057 NANTUCKET MA 02554 0067 0377 NEWSOM JOHN B & ELSIE P 0034 WATERSIDE LN 0007 GREEN MEADOWS CLINTON CT 06413 0067 0115 *RANNEY H FLINT & CHARRON P PO BOX 597 0014 BARTLETT RD NANTUCKET MA 02554 0067 01141 PERRY JOSEPH F & ANASTASIA M 16- BARTLETT RD 016- BARTLETT RD PO BOX 2311 NANTUCKET MA 02554 0067 0114 PERRY FRANCES J ETAL 0016 BARTLETT RD 0016 BARTLETT RD NANTUCKET MA 02554 NUMBER OF RECORDS = 35 PAGE 2 MUAS750 8.1 10 14/94 L - M TOWN OF NANTUCKET " 13:59:46 OWNER'S MAILING ADDRESS LIST A Map Block Lot Owner's /Co- Ownerls Name Mailing Address /City State Zip Property Location 0067 0116 PERRY DAVID E 0012 BARTLETT RD 0012 BARTLETT RD NANTUCKET MA 02554 0067 01131 *KING ELTHEA E & BATTE JERRY & 0028 COLONIAL PARKWAY 0018 BARTLETT RD KING JERRY F & JOLENE F PITTSFORD NY 14534 0067 01132 *PERRY VIRGINIA E 0134 FIAT AVE 0020 BARTLETT RD CRANSTON RI 02910 0067 00149 LAMB STEPHEN & MARLA PO BOX 3101 0010 BARTLETT RD NANTUCKET MA 02584 0067 00148 LAMB STEPHEN 0008 PINE GROVE LN 008- BARTLETT RD PO BOX 3101 NANTUCKET MA 02584 0067 00145 *WEINMAN RHODA H TR PO BOX 954 0021 BOYNTON LN AUGUSTUS SHANNON REALTY TR NANTUCKET MA 02554 0067 00146 *WEINMAN RHODA TR PO BOX 954 0019 BOYNTON LN AUGUSTOS SHANNON REALTY TR NANTUCKET MA 02554 0067 00141 BRIDIER GILLES A & PATRICIA M PO BOX 839 0008 BARTLETT RD NANTUCKET MA 02554 0067 00147 WEINMAN RHODA H TR PO BOX 954 0017 BOYNTON LN AUGUSTUS SHANNON REALTY TR NANTUCKET MA 02554 NUMBER OF RECORDS = 35 PAGE 2 MUAS750 8.1