HomeMy WebLinkAbout004-06
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET,
MASSACHUSETTS 02554
m012d\ d-
l<2-~' ~7 ' 200(Q
Date:
To: Parties in Interest and Others concerned with the
Deci-slon of the BOARD OF APPEALS in the Application of the
following:
Application No.: cJO</-CJ~
Owner/Applicant: I\J I e. ~-e+O (' ( LL-C- I O-S OWnp\f/
001 cO +ex-- G lo6.J 12 e rfu umn-r /lrJo VI () Je 1fY\. eVl+/illC .
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
com~laint and certified copy of the Decision must be given
to the Town Clerk so as to be received within such TWENTY
(20) days.
..LY
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); 9139-321 (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
NANTUCKET ZONING BOARD OF APPEALS
1 East Chestnut Street
Nantucket, Massachusetts 02554
Assessor's Map 42.4.2, Parcel 57.1
15 South Beach Street
Residential-Commercial
Land Court Plan 4737-E
Lot 15
Cert. of Title No. 21819
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, which was scheduled for Friday, January 6, 2006, and was
then continued without opening to Friday, February 10, 2006, at
12:00 P.M., in the Conference Room, in the Town Annex Building,
37 Washington Street, Nantucket, Massachusetts, the Board made
the following Decision on the application of NIR RETAIL LLC, as
Owner, and GLOBAL RESTAURANT MANAGEMENT, INC., as Lessee, c/o
Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669,
Nantucket, Massachusetts 02584, File No. 004-06:
2. The Applicants are seeking a MODIFICATION of the SPECIAL
PERMIT granted to the former owner and lessee of the locus in the
Decision in Board of Appeals File No. 020-98, which granted
relief from parking and loading zone requirements in connection
wi th conversion of the building upon the locus for use as a
restaurant with up to 30 seats and seven employees, with a
closing time of 11:00 P.M. The Special Permit also authorized
the use of the locus for one station for take-out food. The
Applicant, Global Restaurant Management, Inc. ("Global") now
proposes to operate a restaurant with up to 48 seats, with up to
ten employees at peak shift, to remain open until 1:00 A.M., as
permitted by the existing alcoholic beverage license for the
restaurant upon the locus. Accordingly, the Applicants request
that the Special Permit be modified by waiving the three
additional parking spaces required under Nantucket Zoning By-law
~139-18 for the additional seats and employees, and by modifying
the condition set forth in Paragraph 5.a of the Decision,
changing the closing time from 11:00 P.M. to 1:00 A.M. All other
conditions in the Decision would remain in full force and effect.
Otherwise, the lot 1S conforming in all other respects. The
locus is situated at 15 SOUTH BEACH STREET, Assessor's Map
42.4.2, Parcel 57.1, is shown upon Land Court Plan 4737-E as Lot
15, and is situated in a Residential-Commercial zoning district.
3. Our decision is based upon the application and
accompanying materials, and representations and testimony
recei ved at our public hearing. There was no Planning Board
recommendation. There were 21 letters in support submitted into
the file from abutters and area residents, and three letters in
opposition. At the public hearing, one neighbor appeared in
person, in support of the application subject to the imposition
of conditions as set forth below. Two writers of letters in
originally in opposition later submitted letters in support,
subj ect to the inclusion of the conditions in the decision.
Except for the Applicants' presentation, no other support or
opposition was received in person or through counsel at the
public hearing. Applicants submitted a letter from the Nantucket
Police Department dated February 7, 2006 that confirmed Global's
request for a "Detail Officer" for Friday and Saturday nights
from 11:30 P.M. to 1:30 A.M. from July 1, 2006 to September 1,
2006.
4. As presented by Global, through its counsel and one of
its principals, the restaurant operation which has been conducted
upon the locus for several years, by a different tenant and under
a different owner, has , notwithstanding the limitation to 30
seats as set forth in the Board of Appeals Decision in BOA File
No. 020-98, de facto contained in excess of 50 seats. The
Applicants wish to regularize this situation. Global intends to
operate a bistro-style restaurant upon the locus, with 48 seats,
and up to ten employees at peak shift. No take-out food station
is planned (although, pursuant to Zoning By-law ~139-9.B (2) (0),
the sale of take-out food would be permitted as ancillary to the
permitted restaurant use under ~139-15 without any relief from
this Board). The existing alcoholic beverage license issued by
the Board of Selectmen allows a closing time of 1:00 A.M., and
Global therefore proposes that the existing limitation of 11:00
P.M. be replaced by 1:00 A.M.
5. As indicated above, Global conducted extensive
discussions with neighbors prior to the continued public hearing,
and has proposed several conditions to the granting of relief in
response to concerns expressed by these neighbors. These
conditions include the engagement of an off-duty policeman to be
upon the premises from 11:30 P.M. to 1:30 A.M. on Friday and
Saturday nights in July and August; placing signage on the five
parking spaces which face Harbor View Way, prohibiting parking
between 8:00 A.M. and 2:00 P.M., to enable delivery vehicles for
the business to use those spaces (normal opening time for the
restaurant being 4: 30 P. M. ) ; prohibiting removal of trash from
the interior of the restaurant after 10:30 P.M.; and prohibiting
employees from parking on Harbor View Way. Subject to the
imposition of these conditions, the neighbor who attended the
hearing urged the Board of Appeals to grant the requested relief,
and similar messages were received from other neighbors.
6. Therefore, based upon the foregoing, the Board of
Appeals, by UNANIMOUS vote of the five sitting members, made the
finding that the proposed MODIFICATION of the SPECIAL PERMIT
granted in the Decision in BOA File No. 020-98 would not be
substantially more detrimental to the neighborhood and would be
in harmony with the general purpose and intent of the Zoning By-
law, and by the same UNANIMOUS vote, GRANTED the proposed
MODIFICATION, waiving the additional parking spaces required,
allowing the proposed increase in the operation of the restaurant
2
upon the locus to provide a maximum of 48 seats with up to ten
employees at peak shift, and changing the previously approved
closing time of 10:00 P.M. to no later than 1:00 A.M., subject to
the following conditions (with prior condition in the Decision in
BOA File No. 020-98 incorporated by reference, other than those
modified herein) :
(a) There shall be no take-out food station, which
shall not prohibit the sale of food as take-out as ancillary to
the restaurant use as described in By-law ~139-9.B(2) (0) and
~139-15;
(b) The Applicants shall engage and
duty police officer, to be on the Premises at
P.M. to 1:30 A.M. on Fridays and Saturdays
September 1 each season so long as the Premises
service establishment;
provide an off-
least from 11: 30
from July 1 to
is used as a food
(c) The Applicants shall erect signage upon the five
parking spaces upon the locus which face Harbor View Way,
prohibiting parking between 8:00 A.M. and 2:00 P.M.;
(d) No trash shall be removed from the interior of the
restaurant after 10:30 P.M. and before 8:00 A.M. on any given
day; and
(e) Applicants' restaurant employees related to this
particular lot shall be prohibited from parking on Harbor View
Way while on shift.
7. By the same UNANIMOUS vote, the Board of Appeals waived
the requirement of site plan app a der Section 1 9 23.
Dated: February ~-;, 2006
Edward Murphy
3
~
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
l<2-\o WO, ;;(,7 ' 200 (Q
To: Parties in Interest and. Others concerned with the
Deelslon of the BOARD OF APPEALS in the Application of the
following:
Application No.: cJO</-CJ~
Owner/Applicant: I\J I e. ~-e+O(I( U...-C- I as Ownpv-/
001 cO +ex-- G lo(/Yl I 12 e rfu umn-r /lrJo VI () Je 1fY\. eVl+: ztnc .
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
com~laint and certified copy of the Decision must be given
to the Town Clerk so as to be received within such TWENTY
(20) days.
LY
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); 9139-321 (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
NANTUCKET ZONING BOARD OF APPEALS
1 East Chestnut Street
Nantucket, Massachusetts 02554
Assessor's Map 42.4.2, Parcel 57.1
15 South Beach Street
Residential-Commercial
Land Court Plan 4737-E
Lot 15
Cert. of Title No. 21819
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, which was scheduled for Friday, January 6, 2006, and was
then continued without opening to Friday, February 10, 2006, at
12:00 P.M., in the Conference Room, in the Town Annex Building,
37 Washington Street, Nantucket, Massachusetts, the Board made
the following Decision on the application of NIR RETAIL LLC, as
Owner, and GLOBAL RESTAURANT MANAGEMENT, INC., as Lessee, c/o
Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669,
Nantucket, Massachusetts 02584, File No. 004-06:
2. The Applicants are seeking a MODIFICATION of the SPECIAL
PERMIT granted to the former owner and lessee of the locus in the
Decision in Board of Appeals File No. 020-98, which granted
relief from parking and loading zone requirements in connection
wi th conversion of the building upon the locus for use as a
restaurant with up to 30 seats and seven employees, with a
closing time of 11: 00 P. M. The Special Permit also authorized
the use of the locus for one station for take-out food. The
Applicant, Global Restaurant Management, Inc. ("Global") now
proposes to operate a restaurant with up to 48 seats, with up to
ten employees at peak shift, to remain open until 1:00 A.M., as
permitted by the existing alcoholic beverage license for the
restaurant upon the locus. Accordingly, the Applicants request
that the Special Permit be modified by waiving the three
additional parking spaces required under Nantucket Zoning By-law
~139-18 for the additional seats and employees, and by modifying
the condition set forth in Paragraph 5.a of the Decision,
changing the closing time from 11:00 P.M. to 1:00 A.M. All other
conditions in the Decision would remain in full force and effect.
Otherwise, the lot is conforming in all other respects. The
locus is situated at 15 SOUTH BEACH STREET, Assessor's Map
42.4.2, Parcel 57.1, is shown upon Land Court Plan 4737-E as Lot
15, and is situated in a Residential-Commercial zoning district.
3. Our decision is based upon the application and
accompanying materials, and representations and testimony
recei ved at our public hearing. There was no Planning Board
recommendation. There were 21 letters in support submitted into
the file from abutters and area residents, and three letters in
opposition. At the public hearing, one neighbor appeared in
person, in support of the application subject to the imposition
of conditions as set forth below. Two writers of letters in
upon the locus to provide a maximum of 48 seats with up to ten
employees at peak shift, and changing the previously approved
closing time of 10:00 P.M. to no later than 1:00 A.M., subject to
the following conditions (with prior condition in the Decision in
BOA File No. 020-98 incorporated by reference, other than those
modified herein) :
(a) There shall be no take-out food station, which
shall not prohibit the sale of food as take-out as ancillary to
the restaurant use as described in By-law ~139-9.B(2) (0) and
~139-15;
(b) The Applicants shall engage and
duty police officer, to be on the Premises at
P.M. to 1:30 A.M. on Fridays and Saturdays
September 1 each season so long as the Premises
service establishment;
provide an off-
least from 11: 30
from July 1 to
is used as a food
(c) The Applicants shall erect signage upon the five
parking spaces upon the locus which face Harbor View Way,
prohibiting parking between 8:00 A.M. and 2:00 P.M.;
(d) No trash shall be removed from the interior of the
restaurant after 10:30 P.M. and before 8:00 A.M. on any given
day; and
(e) Applicants' restaurant employees related to this
particular lot shall be prohibited from parking on Harbor View
Way while on shift.
7. By the same UNANIMOUS vote, the Board of Appeals waived
the requirement of site plan app a der Section 1 9 23.
Dated: February ~-r, 2006
Edward Murphy
3
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
NOTICE
A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will
be held at 1:00 P.M.. FRIDAY. JANUARY 6. 2006. IN THE CONFERENCE
ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket,
Massachusetts, on the Application of the following;
NlR RETAIL LLC, FOR ITSELF AS OWNER AND FOR GLOBAL
RESTAURANT MANAGEMENT. INC.. LESSEE
ROARD OF APPEALS FILE NO. 004-06
Applicant (Global Management) is seeking a MODIFICATION of the SPECIAL
PERMIT granted to the former owner and lessee of the locus in the Decision in BOA File
No. 020-98, which granted relief from parking and loading zone requirements in
connection with conversion of the building upon the locus for use as a restaurant with up
to 30 seats and seven employees with a closing time of 11 :00 P.M. The Special Permit
also authorized use of the locus for one take-out station. The Applicant now proposes to
operate a restaurant with up to 48 seats, with up to 10 employees at peak shift and to
remain open until 1 :00 A.M., as permitted by the existing alcoholic beverage license for
the Premises. Accordingly, the Applicant requests that the Special Permit be modified by
waiving the three additional parking spaces required under the By-law for the additional
seats and employees, and by modifying the condition set forth in Paragraph "5.a" of the
Decision, changing the closing time from 11 :00 P.M. to 1 :OOA.M. All other conditions of
the Decision would remain in full force and effect. Otherwise, the lot is conforming in all
other respects.
The Premises is located at 15 SOUTH BEACH STREET, Assessor's Map
42.4.2, Parcel 57.1, Land Court Plan 4737-E, Lot 15. The property is zoned Residential-
Commercial.
[J~ ~Q
Dale Waine, Chairman
THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
NANTUCKET ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
CASE NOc~ -01Q
FEE: $300.00
APPLICA nON FOR RELIEF
Owner's name(s): NIR RETAIL LLC
Mailing address: clo Reade~ GuUicksen~ Hanlev & Gifford. LLP
Applicant's name(s): Global Restaurant Mana2ement~ Inc.. Lessee
1'"
Mailing address: 6 Youn2's Wav. Post Office Box 2669~ Nantucket. Massachufttts 02584
Locus address: 15 South Beach Street Assessor's MaplParcel: 42.4.2-57.1
Land Court Plan No.: 4737-E Lot No.:~ Date lot acquired: 6/2212005 Cert. of Title: 21819
Uses on Lot- Commercial: None_ Yes (describe) Restaurant Zoning District: R-C
Residential: Number of dwellings_ Duplex Apartments_Rental Rooms
Building Date(s): All pre-date 7/72? x or C ofO(s)?
Building Permit Nos: Previous Zoning Board Application Nos.: 020-98
State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of
the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities:
~~.)
, .'il
The applicant requests Modification of the Special Permit issued to the
former owner and lessee of the locus in File No. 020-98, which granted
relief from parking and loading requirements in connection with the
conversion of the building upon the locus for use as a restaurant, a
permitted use, with 30 seats and 7 employees, with a closing time of
11:00 P.M. The Special Permit also authorized use of the locus for one
take-out food station. The applicant proposes to operate a restaurant
containing 48 seats, with up to 10 employees at peak shift, and to
remain open until 1: 00 A.M. as permitted by the existing alcoholic
beverage license for the restaurant. Accordingly, the applicant
requests that the Special Permit be modified by waiving the three
additional parking spaces required under Nantucket Zoning By-law ~139-18
for the additional seats and employees, and by modifying the condition
set forth in Paragraph 5. a of the Decision, changing the closing time
from 11:00 P.M. to 1:00 A.M. All other conditions of the Decision would
remain in full force and effect.
I certify that the information contained herein is substantially complete and true to the best of my
knowledge, under the pains d penalties of rjury.
SIGNATURE: Applicant AttorneylAgent x
(H not owner or owne s omey, please enclose proof of agency to bring this atter before the Board)
FO ICE USE
Application received on: ~I g-- (/) By: Com lete. Need co '?: L;
Filed with Town Clerk:L ~f"t7~an . .: 1 1 Building ept.: 1.-.1 B,{:--<JY1il
Fee deposited with Town T;efS~rer:-I)dJ '-4!fBy: (f~ai~VreqU.9ted?: Gran~d: I~_
Hearing notice posted with Town Clerk:' 'tfjOCMailed:/ L-l -l. I&M: I Zr2Ztos & llJ..zf1t OJ--'
Hearing(s) held on:~---1_ Opened on:_I_I_ Continued to:_I_I_ Withdrawn?:-'~_
DECISION DUE BY:_I_I_ Made:-'_I_ Filed wffown Clerk:_I_I_ Mailed:-'-'_
DECISION APPEALED?:-'---1_ SUPERIOR COURT: LAND COURT Form 4/03/03
F:\WOS\Silva\15 South Beach\~ APP Ol-2006.doc
'\
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
March 31
, 19 98
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.:
020-98
.~-'
-------. -..-.-. -
Owner/Applicant:
RICHARD J. MCCREADY, TRUSTEE OF
SHERBURNE ASSOCIATES REALTY TRUST, OWNER AND FOR
TERRANCE NOYES, LESSEE
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.
,---QaL-uJa~
D lW W.' ,Chairman
a e . aln~
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 ij139-30I (SPECIAL PERMITS); ~139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
,
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
Assessor's Map 42.4.2
Parcel 57.1
RC
37 WASHINGTON STREET
NANTUCKET, MASSACHUSETIS 02554
PHONE 508-228-7215
FAX 508-228-7205
15 South Beach Street
Land Court Plan 4737-E
Cert. of Title 12,975
At a Public Hearing of the Nantucket Zoning Board of Appeals held
at 1:00 P.M., Friday, March 13, 1998, in the Conference Room, Town Annex,
37 Washington Street, Nantucket, Massachusetts, on the Application of
RICHARD J. MCCREADY, TRUSTEE OF SHERBURNE ASSOCIATES REALTY TRUST, OWNER
AND FOR TERRANCE NOYES, LESSEE, of P.O. Box 359, Nantucket, MA 02554 and
c/o Rhoda H. Weinman, P.O. Box 1365, Nantucket, MA 02554, respectively,
Board of Appeals File No. 020-98, the Board made the following Decision:
1. Applicant (Noyes) is seeking a SPECIAL PERMIT under Nantucket
Zoning By-Law g139-18A(3), g139-18B(3), g139-18C(1) (Parking
Requirements), g139-20C (Loading Zone) and g139-9B(2)(0) (take-out food
establishment). Applicant proposes to operate a 30-seat restaurant with
one (1) take-out station with a total floor area of 1,370~ square feet.
There will also be a small office ancillary to the business. A total of
eleven (11) parking spaces are required with five (5) spaces provided
on-site. Applicant is requesting a waiver of eleven (11) spaces or a
waiver of six (6) spaces with the additional relief necessary to validate
said spaces. There are no exterior changes proposed and the Locus
conforms in all other dimensional aspects to the Zoning By-Law.
The Premises is located at 15 SOUTH BEACH STREET, Assessor's Map
42.4.2, Parcel 57.1, Land Court Plan 4737-E. The property is zoned
Residential-Commercial.
2. The Decision is based upon the Application and the materials
submitted with it and the testimony and evidence presented at the
Hearing. The Planning Board made no recommendation as the matter was not
of planning concern. There were five (5) area residents who spoke in
favor of the Application. There were no letters in the file.
3. Applicant, through counsel, represents that he is proposing to
open a 30-seat restaurant with one (1) take-out station and seven (7)
employees at peak shift. A restaurant is a permitted use in this zoning
district and the take-out aspect can be considered ancillary to the
restaurant but relief is sought for take-out should the Board deem it
necessary. Applicant has a Lease with Sherburne Associates that provides
for at least five (5) on-site parking spaces as part of said Lease
Agreement, thus a waiver for only six (6) spaces is requested as well as
a waiver of the Loading Zone requirements. In response to an area
resident's concern, Applicant agrees that a grant of relief could be
conditioned upon an 11:00 P.M. closing hour to the public. It is also
represented that there would be trash pick-up on a daily basis and that
,
all trash would be confined to the trash bins at the rear of the
building. Additionally, there would be no outside seating and the
restaurant currently has an 8-foot exhaust fan which recirculates the air
inside the building eight (8) times per hour, with the system unable to be
heard from outside of the structure. The building is airconditined, and
the windows would be closed when the system was operating.
4. Therefore, the Board finds that a grant of relief for the proposed
30-seat restaurant with one (1) take-out station, small ancillary office,
up to seven (7) employees at peak, in 1,370~ square feet of floor area,
would not be substantially more detrimental to the neighborhood and would
be in harmony with the purposes and intent of the Zoning By-Law. The Board
further finds that a waiver of six (6) parking spaces, with the provision
of five (5) spaces on-site, and the waiver of the loading zone
requirement, would also be in harmony with the intent and purpose of the
Zoning By-Law and relief would not be contrary to sound traffic and safety
concerns. In addition, the Board finds that aspects of the current
parking area, i.e., backing out (g139-18C(1), screening, driveway width,
are grandfathered and do not need relief. The Board notes that the Locus
conforms in all dimensional aspects to the Zoning By-Law.
5. Accordingly, by a unanimous vote, the Board GRANTS the requested
relief for the project as described above, by SPECIAL PERMIT under
Nantucket Zoning By-Law g139-18(A)(3), to the extent necessary,
g139-18B(3), g139-20C and g139-9B(2)(o), conditioned upon the following:
a. There shall be a closing time, to the public, of 11:00 P.M.;
b. There shall be daily pick up of trash;
c. There shall be no outside seating for customers;
d. There shall be no deliveries made from South Beach Street;
e. Five (5) parking spaces shall be provided on-site in
conjunction with the commercial use of the Premises;
f.
air inside;
An eight-foot exhaust fan shall be maintained to recirculate
and
g. The Premises shall be airconditioned with windows closed
during hours of operation.
6. Pursuant to Zoning By-Law g139-23, the Board of Appeals also voted
Unanimously, to approve the site plan presented for approval, prepared by
Richard Earle of Nantucket Surveyors, Inc. and dated January 21, 1998.
Dated, March 31 , 1998 ~abo uJc,H\..~ ,
~ Dale W. Waine
?Jam p..~han, Jr.
, ~ (Yl~
Timothy Madden
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Town of Nantucket
MNJNo BOARD OJ<' A~PEAY
LIST OF PARTIES IN rNTEI\EST IN TIlE M...iTEl>. OF TIlE Fl!TmON OF'
W"-(Jv.~;Jr e
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SEE ATTACHED PAOES
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land di""ly .PPosi" on any publi, 0' pnv... ""., Of w'Yi'uld .b"".... of 'ho ..""'" and "'
."or I"d ~W"'" whhi" )00 f,.. of 'h. P"p'r\)' lin. of own,,'. p..per\)', .11 os th.y 'Pp'" on
,h. mo" ''''"' ...Ii..bl. ", h" {lol,G,L ..40"', S"".n II Zo"inc Cod, Ch.p", 1)9.
Section 1)9.290 (2)
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//- 36 - 2)3
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