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Home My WebLink About030-96 `'o"TOCkel' TOWN OF NANTUCKET o� o A BOARD OF APPEALS •yc%ORATEO' NANTUCKET, MASSACHUSETTS 02554 Date: June aZ(Q , 1996 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. : 030-96 Owner/Applicant: H. FLINT RANNEY AND CHARRON P. RANNEY 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 . 06;djaiC1 - UIt c Michael J. O'Mara 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 . • NANTUCKET ZONING BOARD OF APPEALS 37 Washington Street Nantucket, Massachusetts 02554 Assessor's Map 67, Parcel 115 Plan File 48-G 14 Bartlett Road Lots 1-10 Residential-Commercial 2 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, June 7, 1996, at 1:00 P.M., in the Selectmen's Meeting Room, in the Town and County Building, Broad Street, Nantucket, Massachusetts, the Board made the Following decision on the application of H. FLINT RANNEY AND CHARRON P. RANNEY, PO Box 597, Nantucket, Massachusetts 02554, BOA File No. 030-96: 2. Applicants are seeking a MODIFICATION of Board of Appeals Decision (013-95) in which a SPECIAL PERMIT was granted under Zoning By-Law sec. 139- 9B(2)(g)to allow use of a structure for the storage, repair, washing, painting or other servicing of motor vehicles. Applicants were granted relief to operate primarily a vehicle detailing service business in a structure that would contain two (2) apartments on the second floor and two (2) garage bay units on the first floor. Applicants are now seeking to impose the Special Permit and restrictions stated therein, solely upon the newly subdivided lot where the use covered by said Special Permit is now occurring and not on the remainder of the subdivision. At the time of the original grant of relief, the 3-acre parcel had not been subdivided. The premise is located at 14 Bartlett Road, (now Lots 1- 9 Thirty Acres Lane), the subject lot being identified as Lot 8, Assessor's Map 67, Parcel 115, Plan File 48-G, Lots 1-10. The property is zoned Residential-Commercial 2. 3. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. The Planning Board recommendation was favorable conditioned upon a Zoning Board of Appeals' finding that the existing special permit is valid given the 1995 Annual Town Meeting adoption of the new Wellhead Protection District map which puts this parcel inside the district and prohibits automotive service, washing, repair and other related similar uses. 4. The Applicants informed the Board that the auto detailing business was now complying with all the conditions of the existing Special Permit. They now propose to limit the Special Permit only to the Lot which is occupied by the business. Concern was expressed by a representative of Nantucket Land Council, Inc., and shared by the Applicants, that the auto detailing business comply with all applicable regulations, federal, state and local. Member Williams assured the other Board members that, inasmuch as the original application for relief was noticed prior to the first publication of notice of the proposed zoning change of the perimeter of the Public Wellhead Recharge District, the existing use was grandfathered and therefore not subject to the prohibitions of the zoning change. Board members and members of the audience requested reassurance from the Applicants that they would continue to abide with the conditions of the original special permit. Applicants stated that they have been complying with those conditions and would continue to do so. 5. The Board finds that the existing special permit is valid, the change to the boundaries of the Public Wellhead Recharge District notwithstanding, and the Board further finds that the grant of a MODIFICATION of the Special Permit as requested is within the purpose and intent of the Zoning By-Law. 6. Accordingly, by UNANIMOUS vote, the Board of Appeals voted to MODIFY the existing Special Permit as requested by the Applicants, to impose the Special Permit and restrictions stated therein, solely upon Lot 8 of the subdivision and not on the remainder of the subdivision, subject to the following conditions: (a) Outside storage of any one vehicle shall not be for more than 48 hours; (b) Outside storage of materials and vehicles shall be screened by an HDC approved fence and/or a densely planted and maintained vegetative buffer at a minimum height of five (5) feet; (c) Hazardous materials shall be stored and disposed of according to federal, state and local regulations; and (d) the structure shall be serviced by Town water and sewer. Dated: June (a 1996 Ann G. Balas RECEIVED � �; /r��/ TOWN CLERK'S OFFICE b�._ NANTUCKET, MA 02554 Linda F. Williams JUN 261996 . TIME: 4.n." ;/ _ CLERK: /6.1—" �' • °, S0/ , .7 Ai Fichael F. Angelastro dill o�,�,NTUc t), TOWN OF NANTUCKET o ,. BOARD OF APPEALS- :-:--f- e •ii,0RPORAtt9' NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1 :00 P.M. , FRIDAY, JUNE 7, 1996, in the Selectmen ' s Meeting Room, Town and County Building, Broad Street , Nantucket, Massachusetts , on the Application of the following: H. FLINT RANNEY AND CHARRON P. RANNEY BOARD OF APPEALS FILE NO. 030-96 Applicants are seeking a MODIFICATION of Board of Appeals Decision (013-95) in which a SPECIAL PERMIT was granted under Zoning By-Law §139-9B( 2 ) (g) to allow use of a structure for the storage , repair, washing, painting or other servicing of motor vehicles . Applicants were granted relief to operate primarily a vehicle detailing service business in a structure that would contain two ( 2) apartments on the second floor and two ( 2 ) garage bay units on the first floor . Applicants are now seeking to impose the Special Permit and restrictions stated therein, solely upon the newly subdivided lot where the use covered by said Special Permit is now occurring and not on the remainder of the subdivision. At the time of the original grant of relief , the 3-acre parcel had not been subdivided . The premises is located at 14 BARTLETT ROAD, (now Lots 1 - 9 Thirty Acres Lane) , the subject lot being identified as Lot 8 , Assessor ' s Map 67, Parcel 115 , Plan File 48-G, Lots 1 - 10. The property is zoned Residential-Commercial-2 . C Mic ael J . O 'Ma a , Chairman THIS NOTICE iS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. FOR ASSISTANCE CALL (508) 228-7215 . ADDENDUM Board of Appeals, H. Flint and Charron P. Ranney, Case No. Applicant seeks an Order modifying its Decision for Special Permit dated April 26, 1995 in File No . 013-95 so as to impose the restrictions of the Special Permit upon the newly subdivided lot where the use covered by the Special Permit occurs (and not on the remainder of the subdivision) . The use (intended primarily as an autmobile detailing service business) is in the building located on Lot 8 as shown on plan recorded in Plan File 48-G (the Premises) . The structure and uses otherwise conform to building, zoning and health laws The premises is located at 14 Bartlett Road, Assessor' s Map 67, Parcel 115 , as shown in Registry Plan File 48-G as Lot 8 . The property is zoned Residential Commercial - 2 . / o`aprTUCM4): TOWN OF NANTUCKET , .14N =-� - y BOARD OF APPEALS 0• c�'9PO moos MASSACHUSETTS 02554 Assessor' s Map 67 14- Bartlett Road Parcel 115 Plan Book 16 , Page 30 , Lot 2 RC-2 Deed Ref . 445/270 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1 : 00 P.M. , Friday, March 10, 1995, in the Selectmen' s Meeting Room, in -the Town and County Building, Broad Street, Nantucket, MA, on the Application of H. FLINT RANNEY AND CHARRON P. RANNEY, of P .O . Box 597, Nantucket, MA 02554 , Board of Appeals File No . 013-95 , the Board made the following Decision: 1 . Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By-Law §139-9B(2 ) (g) (garages for storage , repair, washing, painting or other servicing of motor vehicles) . Applicants propose to operate an automobile detailing service business in conjunction with the repair, painting and/or storage of boats nad vehicles , with all such activity occurring in each of the two ( 2) garage units on the first floor . The proposed structure will also contain two ( 2) garage apartments on the second floor. The premises is located at 14 BARTLETT ROAD, Assessor ' s Map 67 , Parcel 115 , as shown in Registry Plan Book 16 , Page 30, Lot 2 . The property is zoned Residential Commercial-2 . 2 . The Decision is based upon the Application and materials submitted with it , the testimony and evidence presented at the Hearing , no letters of support and one letter of objection on file . The Planning Board made no recommendation on the Application . 3 . Abutters present at the Hearing expressed concern about possible hazardous wastes contaminating the water table in the area and did not desire to see further expansion of commercial use into the predominately residential area . They asked that the Board restrict any commercial use in the proposed structure to vehicle detailing only , to soften the impact upon the neighborhood . 4 . Applicants represented that there would be little impact upon the water table in the area as the structure would be serviced by Tcwn water and sewer. Further, any hazardous wastes would be disposed of according to state and local regulations . Applicants ' son represented that he currently operates a similar business on an adjoining lot tt.at has insufficient space for the growing business and stated that all chemicals he currently uses are non-hazardous and biodegradable . He plans to discontinue the business on the adjacent lot , the subject cf similar grant of relief in BOA Decision 079-94 , and move it to the proposed structure . Applicants further represent that the required parking for the business in the two-bay garage and the two ( 2) apartments would be provided to the rear of the structure to minimize )1J-vp ) -2- . visual impact from Bartlett Road . The proposed structure and use would not meet MCD criteria. 5 . The Board finds that the lot is situated in an area that has a mixed residential/commercial use, with several other businesses on neighboring lots, including other auto servicing establishments . There would be minimal if any impact upon the water table due to the fact that the lot is serviced by Town water and sewer. The Board further finds that the proposed use would be in harmony with the purpose and intent of the By-Law. The Board notes that the Lot contains three ( 3 ) acres (formerly known as "Thirty Acres" ) and Applicants represent that at some point in the future they plan to subdivide the property and create a lot separate from other lots that would contain the proposed structure that would meet all zoning requirements . 6 . Accordingly, the Board , by a vote of four (4) in favor (Williams , Balas , Angelastro and Hourihan) and one ( 1 ) opposed (Waine) , GRANTS the requested relief under Zoning By-Law §139-9B(2 ) (g) subject to the following conditions : (a) Outside storage of any one vehicle shall not be for more than 48 hour; (b) Outside storage of materials and vehicles shall be screened by an HDC approved fence and/or a densely planted and maintained vegetative buffer at a minimum height of five (5 ) feet : (c) Hazardous materials shall be stored and disposed of according to federal , state and local regulations; and (d) The structure shall be serviced by Town water and sewer . Dated : April 2(Q , 1995 AA (PIM RECEE V= 1 Linda F. Whams TOWN CLERK'S OFFICE NANTUCKET MA 02554 // APR 2 6 1995 An ' Bal. CLERK:_--_ /J4J ichael Angela o , 4 • -� I CERTIFY TTM2flFOF THE WNRKpNpOTHAT William Hourihan WAS FILED N F{DAYS HAVE ELAPSED AFT L. l ED,PERSUANT TO GENERAL LAWS �--� NO APPEAL HAS BEE 40 A, s&6Ti0M 11 Gat s\ Dale W. Waine 5 '1996 .� a s rni • .•.t .•. 4r .4 .c, rJ::i 5 T` `� Y tts ' rha � ti-n .`.'L ate`.... r r-`' . / 0'5'. a p �.,s• e‘ c;PjN 8 NANTUCKET REGISTRY OF DEEDS / Date 4/0.1. .S,/f9 ; / 6 IOE 6°%s‘�::> i' AD J 1 a P 0 3:j t R Time_^ `/ b S�G�-S�y 'NOT TO ' / Dd BK 1A 11928 y4.0-r - �Y/ �_= '5' Plan BK. PG. g o 55 ALE/ TAKIH pYOUTn JIAIIOE tt L d 6 i.� wa+s / �s., 'if-G i S r / jgj5 HTY LLic A2 S:GHT EASEMENT B �/' Plan File GOU PUB ' 20 - (SET DETAIL) A Y �,P ,rLETT — /i if Attest: Register y,f M $Ag t50 O/ 7• ,0 V �. Nt'1 etc / 09131.80E V SZ ME • / \ ,I,,DE t SPIKE 67-114 a' / FRPy1NGI 6 pEH END, / O LOCUS MAP SCALE: 1`=2.000' RESERVED FOR REGISTRY USE ONLY fN / FRANCES NJ., MELISSA J., N JOSEPH F., VALERIE E. Nk a 10.1 ZONING CLASSIFICATION RICHARD K. PERRY - DISTRICT: RC 2 = RESIDENTIAL COMMEF IAL 2 o < W v+ 67-116 MINIMUM LOT SIZE = 5.000 Sq. FT. REFERENCES: \5\ ,d �. DAVID E. PERRY MINIMUM FRONTAGE = 40 Ft. OWNER: H. FLINT RANNEY& / WO;,f;1?,9/j " FRONT YARD SETBACK = 20 FT. CHARRON P. RANNEY REAR & SIDE LINE SETBACK = 5 FT. DEED REF.: 00.BK.445,.004 . 4 , MAX. GROUND COVER RATIO = 50% DL.BK.16 PG.3006 to 1 1/2 ow e d PLAN REF.: PLAN FILE 60 STY.' PLAN FILE 46-J OA e, CARA rc ASSESSORS MAP 67 PARCEL 115 �' o'0 E5 67-114.1 r o.- N/F JOSEPH F. PERRY & 3 W -°w , a. ANASTASIA M. PERRY ` ,:U p N coF N f, U] r 2 / O.DD.�\ 7. FSty I.PIPE w ,, DAVID E. PERRY } YN 6 �' / 09e,/' z 1 /1 s.� B'ss ,a= we\I END. V LOT B, PLAN FILE 46-J 2 9` H 'l Dd.Bk.471,Pg.006 / o°q W� o • • °^ s.pp. Z N 739299^ E I< 5 E-. HCB t / LOTS o2. 100 two. R = 25.00' , i ? - Oi'ND. 10' WIDE L = 35.50' '5 . - 6 0 1 •UTILITY, SLOPE, & p lw \ .ti .8 LOT 9 DRAINAGE EASE. --- t. 0 ✓ .� pp jh? n 13,218'sq. ft. / 20 W, \ , i 8(,_ ec W a 9� 5-79'42 _ a / N •a '. i �46 0 00 , 4 141 65' N Io 2 a - • I N 78'59 43. I S 79'42 2O. W a' \ DETAIL S T; Z w 1n' g 25.0E" �N`.S. /� o° . /�L = 25.30' LOTS . w .// 2 DH� 9 1 ti o Im 1.SEE DETAIL 14,650_sq Ft. .3 FND.I. 'H LOT 1 (/M B a co G. ° o-a: _ 9658t so. ft. /'r 3 cg i� l FEXIST .I.t,�� ? f der R = 25.00' M \ .651•1 "r' A o z A R = 25.00' I` /11 L = 17.51'� . r„ o i 'a _ L = 31.81' 5 84'24'37 E - a n / H Y 38.49. 67-3' E , 4 ♦I 68b9;0.: '' 79'4220" , \ H m` E LOT 1 /J LOT 7 �No o° 8,0691sq. Ft. I I 7,009±sq. ft. , THE LOTS SHOWN HEREON ARE SUBJECT TO A ST,.:AMEN A- - I � OF CONDITIONS. DATED: . A:.C` R:,`RDED W t ._ IN REGISTRY OF DEEDS BOOK PACE _... _ a. 1 a N 104'06. o ^N o 106 p0 W \�a n• / 7375 41. ,I ° a mil ♦ 572}00, \DO• s; ;b/ W , - a R mo ma I L... . L..30 „4 LOT 6 ^o q X00'% ,L'A_ 8.301±sq. Ft. 3 I°o - I HEREBY CERTIFY THAT THIS PLAN HAS BE:N N. LOT 3 0 PREPARED IN ACCORDANCE WITH THE RULES = 12,852,sq. Ft. I' AND REGULATIONS OF THE REGISTERS OF DEE S 4, LOT 4 12354=5q. ft. S%SO m e z OF THE COMMONWEALTH OF MASSACHUSETTS.'cn 14,628±55. ft. ; sp99 o < �„ el '772, 11.4413 ..6.-1.---- 912 l IS N -'"' PROFESSIONAL LAND SURVEYOR DAT N a, ti = n .y'S'AOq' ^y OHC- n , 67-118.8 'a rL IND. N/F RONALD DASILVA INC. P 766.7' y 343967-578 1K ---.4,'q� THE LOTS SHOWN HEREON ARE SUBJECT TO A COVEN,vt, 971 1.01 N FNO. NMoS PHMORSE c01l��.p'9 DEED D800K PAGE __AND RECORDED IN 1'77?S-7-r22.39' 7'2�39 W 1 67- B, It NC _ E`51.101414 NE'NSOU .00 0, o DENOTES CONCRETE BOUND TO BE SET NANTUCKET PLANNING HOARD MD. APPROVAL UNDER THE / DEFINITIVE PLAN l wL = SUBDIVISION CONTROL LI A 6 �'^. THE PLANNING BOARD DETERMINES THAT: 67-376 of ' NMCNM41 » REQUIRED N JOHN F & of �� LOT(9) I-9 DO NOT CONTAIN AREAS SUBJECT TO PROTECTION . BEVERLY MCLAUGHLIN 30 ACRES LANE 4,fTT y 'f UNDERTHE MASSACHUSETTS WETLANDS PROTECTION ACT WHICH ARE REWIRED TO BE J!j EXCLUDED FRW LOT AREA UNDER THE NANTUCKET ZONING BY-LAW BUT STILL WAY BE A-•�.. L.y4 in . - SUBJECT TO PROTECTION UNDER STATE AND LOCAL WETLAND BYLAWS. DETERMINATION larigrfNIir�� II," OF APPIJCABIUTY MAY BE OBTAINED THROUGH APPUCATON TO THE CONSERVATION �i/i APE" JI /— NANTUCKET, MASS. . COMM159ON. `A Al /.aACS SCALE: 1"= 40' DATE: JULY 21, 1995 (REVISED 10/10/95) r. PREPARED FOR: H. FLINT RANNEY& CHARRON P. RANNEY I, _''_'4''J`L=f�O',°R. CLERK OF THE Tom OF NANTUCKET .'A(7+•�T. _ HEREBY CERTIFY THAT THE NOTICE OF APPROVAL OF THIS PLAN BY THE . ;_ �� NANTUCKET SURVEYORS INC. ROBERT J. LETCHIER, P.E. PLANNING BOARD HAS BEEN RECEIVED AND RECORDED AT THIS OFFICE ^C•, `� ��`,� 5 WINDY WAY 37 OLD SOUTH ROAD AND NO NOTICE OF APPEAL WAS RECEIVED DURING THE TWENTY DAYS DATE APPROVED v oe.� V.V.:(,,,-1 NANTUCKET MA. 02554 NANTUCKET, MA. 02554 NEXT AFTER SUCH RECEIPT AND RECORDING OF SAID NOTICE. DATE SIGNED �N (508)-228-0240 (508)-228-0.547 GRAPHIC SCALE /9-7a -� �JyGxM,._- FILE NO. �dL} 1'=40' ____ ____ ei∎�M DATE NRi N:OWN CLERK -_ O 40 80 120 160 SHEET 1 Of 4__ N .4414 Y