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Home My WebLink About009-96 00(1 (149 oafackFr TOWN OF NANTUCKET = BOARD OF APPEALS • 0914 oRAIE NANTUCKET, MASSACHUSETTS 02554 mai Date : February 14 , 1996 To : Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following : Application No . : 009-96 Owner/Applicant : ROBERT A. YOUNG Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of the Jantucket 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. Waine, Vice Chairman - cc : Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING- TO NANTUCKET ZONING BY-LAW §139-30I ( SPECIAL PERMITS) ; § 139-32I (VARIANCES ) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS . F'.01 FEB-n -199H 12:44 NANTUCKET ZONING BOARD OF APPEALS NANTUCKET, MASSACHUSETTS Map 55 6 and 8 West Creek Road Parcels 173 and 173 . 1 Plan Book 24, Page 69 RC Deed: Book 429, Page 104 At a Public Hearing of the ZONING BOARD OF APPEALS held at 1 : 00 p.m. , Friday, February 2, 1996, in the Selectmen's Meeting Room, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of ROBERT A. YOUNG of 77 Polpis Road, Nantucket, Massachusetts 02554, Board of Appeals File No. G C 6/ - 96, the Board made the following decision: 1. Applicant is seeking a Special Permit under Nantucket Zoning By-Law Section 139-9B(2) (1) to use the garage on the Premises for the storage, repair, rental and sale of bicycles, and the storage, rental and sale of mopeds and motorscooters. In addition, Applicant seeks a Special Permit pursuant to Section 139-20C of the By-Law to waive off-street loading requirements. The Premises include two (2) pre-existing structures : a one-story wood framed structure and a one-story wood framed garage at the rear of the property. The pre-existing garage is non-conforming as to rear yard set back requirements. The garage is approximately one (1' 4.) foot from the rear boundary line and a five foot rear yard set back is required in the RC District. In all other respects, the Premises conform to the current Nantucket zoning By-Law. The frontage along West Creek Road is 95.03 feet; the minimum frontage requirement is forty (40' ) feet . The 1 FEB-0■1,-19% 12:45 n Premises include approximately 12,450 square feet of area; the minimum lot size requirement in this RC Zoning District is 5, 000 square feet . The aggregate existing ground cover of structures is 1, 688 square feet (14%) ; the maximum allowable ground cover in this Zoning District is 50's. Currently, there is a Nail Salon in the front structure on the Premises which requires six (6) off- street parking spaces_ The proposed change in use for the garage will require five (5) off-street parking spaces . The Premises are located at 6 and 8 WEST CREEK ROAD, ASSESSOR'S MAP 55, PARCELS 173 and 173 . 1, and shown on a Plan recorded in Plan Book 24 , Page 69 at the Nantucket Registry of Deeds at Lot C-1 and Lot C-2. The Premises are zoned Residential Commercial . 2 . The Decision is based upon the application and materials submitted with it, and the testimony and evidence submitted at the hearing. There was no Planning Board recommendation. 3 . The Applicant proposes to use the pre-existing garage on the Premises for the storage, sale, rental and repair of bicycles. In addition, the Applicant proposes to use the garage for storage, sale and rental of mopeds and motorscooters, but will not service, clean nor repair motorized vehicles on the Premises. The Applicant submitted to the Board a proposed off- street parking plan which provides eleven (11) off-street parking spaces. The Board inquired about proposed screening of the parking spaces and the Applicant agreed to provide vegetative 2 FEE-OR-199G 12:45 screening around the parking area as shown on the submitted Parking Plan. The Board also expressed concern about the height of vegetative screening along West Creek Road and suggested to the Applicant that such screening should be no higher than three (3' ) feet. The Applicant also acknowledged that the Premises were located in the newly configured Acquifer Recharge Protection District and stated that he would comply with all local, state and federal rules and regulations required for his intended use of the Premises. The Applicant also asked the Board to grant a Special Permit to waive the requirement of an off-street loading zone on the Premises because the use of the garage as a bicycle shop would not involve a significant number of transport vehicle loading and unloadings. 4 . Accordingly, by a unanimous vote, the Board grants a SPECIAL PERMIT under Nantucket Zoning By-Law Section 139-9B(2) (1) and Section 139-20 to allow the use of the garage on the Premises for the storage, repair, rental and sale of bicycles and the storage, rental and sale of mopeds and motorscooters, subject to the following conditions: A. There shall be no cleaning or repair of motorized vehicles on the Premises; B. There shall be no outside storage of bicycles, mopeds or motorscooters overnight on the Premises; C. The Applicant shall provide eleven (11) off-street parking spaces on the Premises substantially in accordance with the off-street parking plan attached hereto as Exhibit "A" and 3 P.04 FEE-06-1996 12:46 shall also provide vegetative screening around the parking areas as shown on the Plan on the further condition that the vegetative screening along West Creek Road shall not exceed three (3' ) feet in height . Dated: February //, 1996 Nantucket, \'-___. . Ca_____C(._ rr./Z62-) ---."_.___""DALE WAINE, ACTING CHAIRMAN L,/ ,/ LINDA WILLIAMS kii\.(,_1 , 1-" l WILLIAM 'OURIHAN ikle ::- -0:ER LEICHTER MICHAEL ANGELASTRO RECEIVED TOWN CLERK'S OFFICE NANTUCKET FAA 02554 FEB 14 1996 TIME: / - ti CLERK: L -�--i (k L C:\FEB96\YNGBOA 4 TOTAL P.04 0,pTU%F TOWN OF NANTUCKET � � ya BOARD OF APPEALS • %ROO. NANTUCKET, MASSACHUSETTS 02554 ON NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1 : 00 P .M. , FRIDAY, FEBRUARY 2 , 1996 , in the Selectmen ' s Meeting Room, Town and County Building, Broad Street , Nantucket , Massachusetts , on the Application of the following : ROBERT A. YOUNG BOARD OF APPEALS FILE NO . 009-96 Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-Law §139-9B( 2 ) ( l) (rental/sale of bicycles , motorcycles , mopeds , etc . ) . Applicant proposes to convert an existing single-story structure, currently used as a garage, to use for the storage , rental and sale of bicycles , motor scooters and mopeds . The structure is non-conforming as to rear yard setback, being sited 1+ (one) foot from the rear yard lot line in a district that requires a minimum side and rear yard setback of five ( 5 ) feet . The Locus also contains a separate single-story structure that is used for commercial purposes . In addition, Applicant also seeks relief by SPECIAL PERMIT under Nantucket Zoning By-Law §139-20C (off-street loading zone requirements ) . The premises is located at 6 AND 8 WEST CREEK ROAD, Assessor ' s Map 55 , Parcels 173 and 173 . 1 , and shown in Plan Book 24 , Page 69 , Lots C-1 and C-2 . The property is zoned Residential- Commercial . L)(170.1An MIchael J . O 'M a, Chairman THIS NOTICE iS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. FOR ASSISTANCE CALL (508) 228-721 .5 . ADDENDUM A Applicant, Robert A. Young, seeks a Special Permit pursuant to Section 139-it (2) (L. ) of the By-Law to allow the storage, rental, repair and sale of bicycles, motor scooters and mopeds at 6 and 8 West Creek Road ("Premises") . The Premises are situated in the Residential Commercial Zoning District . There are two (2) pre-existing structures on the Premises : a single story commercial building (nail salon) and a single story garage. The garage is non-conforming as to the required five (5' ) foot rear yard set back; it is located approximately one (1 . 00' ) foot from the rear lot line. In all other respects, the Premises conform to the current Zoning By-Law. The area of the Premises is 12 , 045± square feet, the minimum lot size requirement is 5, 000 square feet in this R-C District . Existing ground cover of buildings on the Premises is 1, 688± square feet (14%) ; allowable ground cover is 50% (6, 022 . 5' ) . Required off street parking for the existing commercial uses on the Premises requires six (6) off-street parking spaces which are provided. The proposed change in use for the garage will require five (5) additional parking spaces which will be provided on the Premises. The Applicant also seeks a Special Permit to waive the off- street loading requirements because the existing and proposed commercial uses on the Premises will not involve a significant number of transport vehicle loading and unloadings . The Applicant will be able to provide sufficient off-street loading on the Premises, and the granting of this waiver would not be contrary to sound traffic, safety or parking considerations and would be in harmony with the general purpose and intent of the By-Law. The proposed use of the garage on the Premises as a bicycle shop will not constitute a nuisance or offensive use. In fact, the Applicant has a long standing track record of owning and operating a bicycle shop on Nantucket in a highly competant and professional manner. For these reasons, The Applicant, Robert A. Young, requests the Board to grant the Special Permits as set forth herein. 471r AC9 ' I kfrl:i -A „.. .0 .41-4 . . . >I .6....'' : 1 1 --Ni rn -, > 0. i . t e ■ a...4, 0;4' . ... / ,0 ek. cr) . 4,10 •441, -... it, . ...„._ m - (P . . . ,. .,, v.),' -4 r %I c. CMG -1- .,� 1 N.) .. 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