HomeMy WebLinkAbout63-96 167 Hummock Pond RoadTOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: September 14, 2017
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No.: 063-96
Prior Owner/Applicant: FRANK H. POWERS, JR. & KAREN A. POWERS
and WILLIAM SANDOLE
Current Owner/Applicant: 167 HUMMOCK POND RD,- LLC
Property Description
167 Hummock Pond Road
Map 65 Parcel 36
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with 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 a
complaint in Nantucket Superior Court or Land 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.
Eleanor W. etti,
Zoning Administrator
cc: Town Clerk
Planning Board
Building Commissioner/Zoning Enforcement Officer
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND
WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING BY-LAW
SECTION 139-30 (SPECIAL PERMITS); SECTION 139-32 (VARIANCES). ANY
QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICE AT
508-325-7587.
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 65, Parcel 36 Book 1592, Page 15
167 Hummock Pond Road NO PLAN
Village Neighborhood (VN)
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, August 10,
2017, at 1:00 P.M., in the First Floor Community Room of the Public Safety Facility at Four
Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the
request for RESCISSION by FRANK H. POWERS, JR. and KAREN A. POWERS (Prior
Owners) and WILLIAM SANDOLE (prior owner and grantee in 1996 Special Permit
decision) and 167 HUMMOCK POND RD, LLC (current owner), 167 Hummock Pond Road,
Nantucket, Massachusetts 02554, File No. 063-96:
2. Applicant is seeking to rescind and vacate Prior Special Permit Decision granted in 1996
to allow an expansion and change of use from a retail food and wholesale fish outlet to wholesale
fish outlet with retail component. The relief is now obsolete due to zoning changes as it was
formerly located in a purely residential zoning district (LUG -2) at the time of the granting of the
1996 permit. It is now in the Village Neighborhood district in which the current uses as a Retail
Sales operation, with Accessory Take Out service and Catering components, are allowed by
right. The Locus is situated at 167 Hummock Pond Road, is shown on Assessor's Map 65 as
Parcel 36. Evidence of owner's title is recorded at Book 1592, Page 15 at the Nantucket County
Registry of Deeds. The site is zoned Village Neighborhood (VN).
3. Our decision is based upon the application and accompanying materials, representations,
and testimony received at our public hearing. There was no Planning Board recommendation on
the basis that this matter is not of planning concern. There was no opposition, written or oral,
to the application.
4. Applicant's representative explained the request to rescind Board of Appeals Special
Permit Decision File No. 063-96 granted to Frank H. Powers, Jr. and Karen A. Powers (Prior
Owners) and William Sandole (Prior Applicant) and recorded as Book 527 Page 43 with the
Nantucket County Registry of Deeds. Since the prior Special Permit was granted in 1996, the
property has been rezoned from LUG -2 to Village Neighborhood by virtue of unanimous
passage of Article 52 at Annual Town Meeting on April 6, 2015. This zoning change rendered
the Locus conforming as to use. The applicant went before and obtained approval from the Board
2
of Selectmen of a Seasonal Wine/Malt Beverages Package Store License for 167Raw in July
2016. They are now requesting that the Board rescind the prior decision and the conditions
therein, as the current Retail Use is allowed by right and the sale of alcohol and the Take Out
service are allowed as "Accessory" thereto.
5. Therefore, based upon the application materials and testimony received at the public
hearing, the Board finds that special permit relief encumbering the locus is no longer required.
As a result of zoning changes implemented since the original permit was issued, the existing uses
upon the premises are conforming pursuant to Section 139-7.A (Use Chart). Specifically, uses
permitted in the Village Neighborhood District include, but are not limited to the following uses
currently exercised upon the premises:
■ Retail sales (including wholesale)
■ Take-out Food Establishment (accessory use)
■ Catering (accessory use)
Any type of expansion of said uses now falls within the purview of both the Zoning Enforcement
Officer and the Board of Health in terms of parking, septic, or other permitting issues. No
evidence was presented to support the need for special permit relief for waivers from any
sections of the Zoning Bylaw.
6. Accordingly, by UNANIMOUS VOTE of the sitting members of the ZONING BOARD
OF APPEALS, the Zoning Board of Appeals GRANTS the RESCISSION of previously issued
Special Permit decision in File No. 063-96.
W;,NATVRE PAGE, TQ. FQUQW
Assessor's Map 65, Parcel 36
167 Hummock Pond Road
Village Neighborhood (VN)
Dated: 6110 , 2017
�J
Book 1592, Page 15
NO PLAN
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Kerim Koseatac
COMMONWEALTH OF MASSACHUSETTS
County of Nantucket, ss
On the /0 day o f 2017, before me, the undersigned notary public,
personally appeared , one of the above-named
members of the Zoning Board of Appeals of Nantucket, Massachusetts, personally known to me
to be the person whose name is signed on the preceding document, and acknowledged that he
signed the f regoing instrument voluntarily for the purposes therein expressed.
Official ignature and Seal of Notary Public
My commission expires:
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