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Home My WebLink About048-07 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: July 3,2007 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 048-07 Owner/Applicant: ISLAND MANAGEMENT, INC. 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 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. ~q~LSrl, ~ tv 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 508-228-7215. ?_ c: I I W :-:~ CJ N TOWN OF NANTUCKET ZONING BOARD OF APPEALS 2 FAIRGROUNDS ROAD NANTUCKET, MA 02554 Assessor's Map 67 Parcels 119, 480 and 482 Residential- Commercial-2 44 Surfs ide Road Land Court Plan 38132-E,Lot 14 Certificate of Title No. 19763 Land Court Plan 26439-X, Lot 117, Certificate of Title No. 19763 Land Court Plan 26439-W, Lot 113, Certificate of Title No. 14194 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1 :00 P.M., Friday, June 8, 2007, in the Conference Room, 2 Fairgrounds Road, Nantucket, MA on the Application of ISLAND MANAGEMENT, INC., with a mailing address of P.O. Box 1436, Nantucket, MA 02554, Board of Appeals File No. 048-07, the Board made the following Decision: 1. Applicant is seeking a MODIFICATION of the Decision in BOA File No. 056-01, that modified prior Decisions in BOA File Nos. 053-83, 006-86, 014-89, 084-98 and 026-99, which granted SPECIAL PERMIT relief pursuant to Nantucket Zoning By-law Section 139-33A to alter and extend the existing tavern, known as "The Muse". Applicant is seeking to enclose the previously approved rear deck with a canopy, plastic "tent" type sides and a storm door to provide a transition area for patrons moving from the inside of the building to the outside smoking deck, creating a buffer for noise abatement purposes. The proposed change would not increase the current licensed seating or occupancy capacity and thus there would be no increase in the parking requirement. The Premises is located at 44 SURFSIDE ROAD, Assessor's Map 67, Parcels 119, 480 and 482, and shown as Lot 14 on Land Court Plan No. 38132- E, Lot 117 on Land Court Plan No. 26439-X, and Lot 113 on Land Court Plan No. 26439-W. The property is zoned Residential-Commercial-2. 2. The Decision is based upon the Application and the materials submitted with it and the testimony and evidence presented at the Hearing. There was no Planning Board recommendation as the matter did not present any issues of planning concern. There were no letters received regarding this matter and there were no parties present to speak for or against the Application except the Applicant and Applicant's counsel. 3. Applicant, through counsel, stated that he proposed to construct a canopy over approximately 454 square feet of the existing rear smoking deck, previously permitted in the Decision in BOA File No. 056-01, to provide an enclosed transition area between the rear exit of the main building and the remainder of the open-air smoking deck in order to provide noise abatement related to the opening of the rear main door to the tavern. The canopied area would have tent type plastic roll-up sides and a storm door on the entrance to the smoking deck. No additional seating or increase in the occupancy certified by the Building Department was being sought as part of this Application. The existing bench seating would continue to be provided and no bar service would be available either in the canopied area or the open air deck area. As there was no increase in the occupancy or seating, there would be no increase in the parking requirement. The property would conform to ground cover requirements with the increase of ground cover by about 454 square feet, as the area had been changed from Residential-10 to Residential-Commercial-2. 4. Therefore, based upon the foregoing, the Board finds that the Modification of the previously granted Special Permit relief to allow the enclosure of approximately 454 square feet of the deck area with a canopy with tent type roll- up sides and a storm door would not increase the nonconforming nature of the property, as there would be no increase in occupancy, parking requirement or ground cover. Therefore, the Board further finds that the enclosed deck area would not be substantially more detrimental to the neighborhood than the existing nonconformities and would provide a benefit to the neighborhood in that the new enclosed area would provide noise abatement leading to the rear smoking deck. 5. Accordingly, by a vote of four in favor (Waine, O'Mara, Toole and Tupper) and one opposed (Sevrens), the Board GRANTS the requested MODIFICATION of the previously granted SPECIAL PERMIT relief under Section 139-33A, to allow the enclosure of approximately 454 Square Feet of the deck with a canopy with tent type roll-up sides and a storm door, upon the following conditions: (a) The canopied area shall be located substantially as shown upon "The Plan", done by J. Marcklinger & Associates, Resgistered Land Surveyor, dated May 7,2007 and revised May 9,2007, a reduced copy of which is attached hereto and marked as Exhibit A; (b) The conditions included in previous Decisions granting Special Permit relief, are hereby modified to the extent necessary, and those conditions not expressly modified herein shall remain in full force and effect and are incorporated herein by reference; (c) There shall be no seating or tables within the canopied area, except the previously approved bench seating and no service to either the canopied or open deck areas; (d) There shall be no smoking within the canopied area; (e) The occupancy of the building shall not exceed the current certified occupancy number of 372. 6. The Board, by a vote of four in favor (Waine, Q'Mara, Toole, and Tupper) and one opposed (Sevrens), waived the site plan review for the proposed project required by Nantucket Zoning By-law Section 139-23. Dated: Ju'1 -3 ,2007 Nancy J. 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TOWN OF NANTUCKET ZONING BOARD OF APPEALS 2 FAIRGROUNDS ROAD NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 d --.J NOTICE e, ::-: ::s: = -< N w -0 A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be he@:at!:!! P.M.. FRIDAY. JUNE 8. 2007. in the Conference Room, 2 FAIRGROUNDS ROADfNantucket, MA, on the Application of the following: ISLAND MANAGEMENT, INC. BOARD OF APPEALS FILE NO. 048-07 Applicant is seekin& a MODIFICATION of the Decision in BOA File No. 056-01, that modified prior Decisions in BOA File Nos. 053-83,006-86,014-89,084-98 and 026-99, which granted SPECIAL PERMIT relief pursuant to Nantucket Zoning By-law Section 139-33A to alter and extend the existing tavern,.known as "The Muse". Applicant is seeking to enclose the previously approved rear deck with a canopy, plastic "tent7t type sides and a storm door to provide a transition area for patrons moving from the inside of the building to the outside smoking deck, creating a buffer for noise abatement purposes. The proposed change would not increase the current licensed seating or occupancy capacity and thus there would be no increase in the parking requirement. The Premises is located at 44 SURFSIDE ROAD, Assessor's Map 67, farcels 119,480 and 482, and shown as Lot 14 on Land Court Plan No. 38132-E, ~ot 117 on Land Court Plan No. 26439- X, and Lot 113 on Land Court Plan No. 26439- W. The property is zoned Residential-Commercial- 2. --11@A~_ ~~ Nancy J. Sevren ,~rman THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OrnER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. ADDENDUM Applicant seeks Special Permit Relief pursuant to Section 139-33 and/f:lf".u, Modification of prior Special Permit Nos. 53-83, 006-86, 014-89, 084-98, 026-99 and 056-01 to alter and/or extend the existing pre-existing nonconforming use known as the "Muse" situated on 44 Surfside Road by the enclosure of approximately 18 x 25 feet (454 Square Feet) of an existing deck at the rear of the building with a canopy, plastic "tent" type sides and a storm door at the rear of the existing building to provide a transition area for patrons moving from the inside of the building to the outside smoking deck which will create a buffer for nOise abatement purposes. The proposed canopied area wilt be non-smoking per Health Department regulations. The proposed change wilt not increase the current seating or occupancy capacity. Although the existing use on 44 Surfside Road is preexisting nonconforming, being a commercial use in an area previously zoned R-10, the proposed change will not create any additional nonconformities since the seating and occupancy capacity does not increase and parking requirements will therefore not increase. The canopied area will not exceed permitted ground cover within the RC - 2 Zone. Per the attached Plan dated 5.9.07 by J. Marcklinger & Assoc. the ground cover is 15.53% and will increase to 16.81% in a zone anowlng 50% ground cover. The premises are located at 44 Surfside Road, Assessor's Map 67, Parcels 119, 480 and 482 and are shown as Lot 14, Land Court Plan 38132-E, Lot 117, Land Court Plan 26439-X and Lot 113, Land Court Plan 26439-W and are located in the Residential-Commercial -2 Zone. , · , $die~J)~!T~aid COpy FOR INFORMATI~~UR ATTORNEY AT LAW 4 BARTLETT ROAD P.O. BOX 2567 NANTUCKET, MASSACHUSETTS 02584 FAX (508) 228-7526 fitzgrld@nantucket.net TELEPHONE (508) 228-7525 IN HAND June 4, 2007 Mr. Dale Waine, Chairman Board of Appeals 2 Fairgrounds Road Nantucket,MA 02554 RE: Application of: Property: Map/Parcel Island Managment, Inc. 44 Surfside Road 67/119,480 and 482 Dear. Mr. Waine: Enclosed for filing, please find the following: 1. Four (4) copies of Plan dated 5.7.07 (revised 5.29.07) correcting the zoning district; ve~lruIYYOUffi: / ~~ 8 ulie A. Fitzgerald Enclosures (p.. ":-..:.:; I 1....'1 cc: Catherine F. Stover, Town Clerk Mr. Michael B. O'Reilly ::'::::J v:) \..;~) -..1