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HomeMy WebLinkAbout038-05 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: (f\Ql 0<0 , 20 C)~ To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Owner/Applicant: o 3~-O~ JOL Bud~ to t\ I 'e-( $' ~ >c-~ f) r Application No.: '. ) ::::;J Enclosed is the Decision of the BOARD OF APPEALS which ~~s 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 necision must be given to the Town Clerk so as to be received within such TWENTY (20) days. I " I, , \ \\jCd.JCL~ ~ 'ZUvL( ~/ AJ~~ J. . .tr\.s, { 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 One East Chestnut Street Nantucket, Massachusetts 02554 Assessor's Map 73.2.4, Parcel 33 8 Main Street, Siasconset Sconset Old Historic Plan Book 20, Page 108 [no lot number] Deed, Book 344, Page 168 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, May 13, 2005, at 1:00 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 JACQUELINE DANIELS BIXBY, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 038-05: 2. The Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law ~139-33.A (alteration of a pre-existing, nonconforming structure or use), and in addition or in the alternative relief by VARIANCE from By-law ~139-16.A (Intensity regulations - side and rear yard setback). The Applicant proposes to remove and replace a set of stairs and deck at the rear of the building upon the locus, which provide access to the second-floor apartment and cover for the outside refrigeration units at the first-floor level. The stairs and deck would be sited on the same footprint of the existing stairs and deck and would not come closer to the northeasterly side lot line nor the southeasterly rear lot line than the existing stairs and deck. However, since the existing stairs are sited as close as about 2.1 feet from the northeasterly side lot line and the deck is sited as close as about 0.4 foot to the rear lot line, with minimum side and rear yard setback in this zoning district being 5 feet, relief is arguably necessary in order to replace the existing stairs and deck. No other changes to the structure, use or footprint are asked for under this application. The locus is nonconforming as to lot size, being about 1,624 square feet in area, with the minimum required in this zoning district being 5,000 square feet; as to ground cover ratio, which is about 68%, with the maximum in this zoning district being 30% for undersized lots; as to frontage, having frontage of about 28.62 feet along Main Street with minimum frontage in this district being 50 feet; as to side and rear yard setbacks, as set forth above; as to parking, with no on-site parking being provided; and as to use, with the structure being used for commercial purposes, containing a wine shop and separate cafe and being situated in a residential district. See also Board of Appeals Files Nos. 020-83, 058-84 and 031-97. The locus is situated at 8 MAIN STREET, SIASCONSET, Assessor's Map 73.2.4, Parcel 33, is shown on plan recorded with Nantucket Deeds in Plan Book 20, Page 108, and is situated in the Sconset-Old-Historic zoning district. 3. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. There was no Planning Board recommendation on the basis that no matter of planning concern was presented. Except for the presentation by the Applicant's representative, there was no support or opposition presented at the public hearing, in person or by correspondence. 4. As presented by the Applicant, through her representati ve, the mixed-use structure upon the locus, which contained a small restaurant and a separate wine shop on the first floor and a dwelling unit on the second floor, pre-existed the 1972 adoption of the Nantucket Zoning By-law, with commercial uses and dimensional nonconformities which have been in existence since a time prior to 1972. The structure was clearly visible substantially in its present location on the 1938 and 1957 aerials in the Town records. This pre-existing, nonconforming situation was specifically recognized by the Board of Appeals in prior decisions, on the basis of evidence then presented. In File No. 012-83, the Board of Appeals authorized the expansion of the pre-existing "luncheonette" with a 10-person seating capacity as a "cafe" with ten additional seats. In File No. 058-84, the Board extended the hours of operation for the "cafe" to 9:30 P.M. In File No. 031-97, the Board determined that no further relief was necessary for the restaurant to sell take-out food as it was ancillary to the primary use as a restaurant. The Applicant represented that the stairs and deck which provided access to the second-floor residential apartment were now in poor condition, and needed replacement, as required also by the Building Commissioner. The Applicant presented photographic evidence to verify this condition. The Applicant filed an application for a building permit to do this work, which was rejected by the Zoning Enforcement Officer on the basis that a Special Permit under By- law ~139-33.A would be required to make the replacement of the stairs and deck, as the building is partially in commercial use. This work would consist of replacing the steps and deck in their present configuration, without any changes but with new materials. 5. The members of the Board of Appeals sitting on this case discussed the question of what type of zoning relief would be required. Two members indicated that they believed that no relief was required, as the proposed work would be merely a replacement and repair of existing conditions. The Zoning Enforcement Officer stated that he believed that Special Permit relief under ~139- 33.A was required. Other members, and the Zoning Administrator, expressed the belief that Variance relief was required as there was a wholesale removal of the deck and stairs from the setback area and could not be replaced within said setback area without a variance. 2 6. In order to eliminate any question as to whether relief was required, and as to whether a Special Permit or a Variance, with its more stringent criteria, would be the appropriate form of relief, the Board of Appeals made the finding by UNANIMOUS vote that, Variance relief would be appropriate and supportable to replace the stairs and deck wi thin the rear yard setback, owing to circumstances relating to the shape and topography of the locus and the structure thereon (specifically, the continuing pre-existing grandfathered status of the existing structure, including the stairway and deck), and especially affecting the locus but not affecting generally the Sconset-Old-Historic zoning district in which it is situated, a literal enforcement of the provisions of the By-law would involve substantial hardship to the Applicant (because of the need for the deck and stairs to maintain access to the second-floor apartment, and the existing deck and stairs are in poor and potentially unsafe condition), and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the By- law. Accordingly, by UNANIMOUS vote, the Board GRANTED relief by VARIANCE from the provisions of By-law ~139-16.A, to permit the removal and replacement of the rear stairs and deck in the same configuration as their previous condition, with the refrigeration units remaining in place under the deck, as shown upon a Mortgage Plot Plan by Charles W. Hart & Associates, Inc., dated January 7, 1997, revised January 24, 1997, a reduced copy of which is attached hereto as Exhibit A. Dated: May~, 2005 I ~;-/ \\1 ~'\I , W2<z~ Dale. waVine (J /( 0' MiWel J .f~O' MgJ;a ~~)c '7C.---7 "".... c-. /' -./ . , Edr?:-e. ~.?:Z Edward J ~ Sanford 3 11Ht<- L)- i ~~ ( 1:0' 55 NANTUCKET BANK 508 2281322 P.02 ZONING cLASSIFiCATioN: .F-...C;>.. .. "IN. ARf.4: . . . .~I~~~~'F. . IlIIl 1'ftI:It.(TAGE; . . '1f CJ N'f! . . . FROKI' YARD s.s.: . . '$ 'ff" . . RiNl << SlOE $.I.; .. ..~... GROUND C(MR (X):. .~ f~ . . EXISTING: I~ 1-4 -t SF ~. . : P.tA~ : " AI . . . . . . . . . . . . I.'. . . . . . , . '.'. . . . . '<r t\. 'v Ii), ~ ,--. <'// v-y I... ~~ "',,", <:( <10 .Iy ~ '\ ~ ~ ,0" ~': 13.1..4 - ~1..' nil=' JdlN ~ LyNN Pz:ARL 1-;.2 .4- 31 nlF E S POV1t. TE IL.LE ?J.A.IV .z!i~ 2.~ /-30-,87 NANTUeXE.T .BA.NK TO: . . . . . . . . . . . . . . . . . . . - . . . . . . . . . . . MORTGAGE PLOT PLAN OF \.AND IN NANTUCKET, MASS. SCIU; ,". 10' DATE: J'AN 7 I 1<:>'1 ~&y.I/-L4- 37 Ownw: !~~~~';L;("{ .l?~,,!If-l:~ . ~I~~'( . Deed: ~~ :',~ .~ Y:-f? . Plon:~.2p. ~ I.o~ TOll J.\ap:1~.~;~ .-.~~ . Locutf? ~I~ .~T; . I CERTIfY. 10 1llE BEST Of In' KNllW.EDGE. 'JKl.t llif pRfl,IISES SKlWll AIlE I.OCA1ED .. f\.lIOD WZMD ZH: . . <;. ;. . ..DEUIfAml '" fUJI. I CCIIIUI1Y IWlEL JUB]t ~. P./of. .c. BY lItE FEDEPJL DIERGENC'r IWNOIHT 1BOfCf. ef'ECIWE na.TE or IW'S: UE 3. '-' MI) /IS Pf:IlIClOX'JUY REYlSm. lliS PLOT PIAN WAS PftEPNm) FOR MORTGAGE PURPOSES OM. Y AND IS NOT TO BE"COHSIDERED A FVU. JNS'IR\JIolENT SUfMY. 'THIS PVlf SJlOIJlD..& , USED TO ~SH PROPERTY LmS, f'ENCES, NIt AHCI S'JRUCT\)RG OH H PIlOIJSES. M PROPERTY l.MS SHOWN RELY ON CURREHf DE!D$ AND ~ OF RECORD. 1)lIS PUn' fIlM IS HOT A C(JnfICATJOH AS TO THE lTTlE OR OWNERSHIP or 'IHt PAOPEJn'( SHOWN. OWNERS Of' ADJOINING PROPfRJIES AAE SHOWN ACCOROHC TO CURRENT ASSESSOR NANTUCKET. IUSS. 02554 RECORDS OF TlfE: TOWN OF tWfflJCKET. NOT TO SE RECORDm. CHARLES 1'. HART & ASSOCL\TES, Inc. SAlQ'ORD BOlT BUILDING 48 sPARKS lVENU1 (508) 228-&910 H-5.2.4Jt IlPl' TOTRL P.02 ~~'- U1 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, MAY 13,2005, IN THE CONFERENCE ROOM, TOWN ANNEX BillLDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: JACQUELINE DANIELS BIXBY BOARD OF APPEALS FILE NO. 038-05 Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By- law Section 139-33A (alteration/expansion of the pre-existing nonconforming structure/use), and in addition or in the alternative, relief by VARIANCE under Section 139-16A (Intensity regulations - setback). Applicant proposes to remove and replace a rear set of stairs and deck that provide access to the second floor apartment and cover for the fIrst floor outside refrigeration units. The stairs and deck would be sited on the same footprint of the existing stairs and deck and would come not closer to the northeasterly side or southeasterly rear yard lot line. However, as the existing stairs are sited as close as about 2.1 feet from the northerly side yard lot line and the deck is sited as close as about 0.4 feet from the rear yard lot line in a district that requires a fIve-foot minimum side and rear yard setback, relief is necessary to replace the existing stairs and deck. No other changes to the structure, use or footprint are asked for under this Application. The Locus is also nonconforming as to lot size with the lot containing about 1,624 square feet of area in a district that requires a minimum lot size of 5,000 square feet; as to ground cover with the Lot containing an about 68% ground cover ratio in a district that allows a maximum of 30% for undersized lots; as to frontage with the Lot having a frontage of about 28.62 feet along Main Street in a district that requires a minimum frontage of 50 feet; as to setbacks, with the structure also being sited as close as about 2.6 feet from the southwesterly side yard lot line; as to parking with the Lot providing no on-site parking; and as to use with the structure being used as a wine shop and separate cafe in a residential district. See also BOA File Nos. 020-83, 058-84 and 031-97. The Premises is located at 8 MAIN STREET, SIASCONSET, Assessor's Map 73.2.4, Parcel 33, Plan Book 20, Page 108, Deed Ref. 344/168. The property is zoned Sconset -Old-Historic. N~~l~J~ 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, MA 02554 - CASE NO', 6:%-05 FEE: $300.00 APPLICATION FOR RELIEF ~ Owner's name(s): k ~ ~ ~~.~ ffc/ Mailing address: Vb. "Sd).fr =- ," rr '02.5u, t./ Applicant's name(s): CS:OJfNi) Mailing address: [: s:~) Locus address: S?'.stree Assessor's MaplParcel: 73, z.if -~ Land Court Plan Ian Book & Pa Plan File No.: ;(I:J lie? Lot No.: 1/ Date lot acquired: _/L/:Jj Deed Ref.lCert. of Title: 3 <.J <.f--I (P K Zoning District: S' C) t-1 Uses on Lot - Commercial: None_ Yes (describe)'~ i. >'- rol M O~ /,;-ell1>a/1~ J. ncfp.. . Residential: Nnmber of ~ngs_ Dnplex_ Apartments_Rental Rooms Building Date(s): All pre-date 7/72? or C of O(s)? /' Building Permit Nos: Previous Zoning Board Application Nos.: O.3J- 97 lo.s-f?- fy!O ~~~ 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: fJ;;oh~- ~~~ /; S~~~L)?~ - ~-hm 1~-33~ I--Wnd rRa':1oi"?7 0,., d/J,fJ)( ''{1-U ~C ~ ~ h {/, ci/>tCL Unofe.... ~ '011. /3 r -1[4 N. ?tl12 ((}Jl) 0:% ';:~CW-- ~ ~ l!t2-- ddOf?/ bt&Jfe 12m ( ~&~ IM'd dP.C/:..- /fAoY a CbzM ~ ~~' Kr~ 1<- &r~. CfY\ R )(Or~n 'J/v.J(U'J'\L ;f::J:~/!f 'fro.o.:i--'YttL 'D"QW ~~ ~(~~~~~~~ =(f!~~ xtbQ/)1~ ~SsLI-tof1t CU(tWp I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. I SIGNATURE: ( Applicant Attorney/Agent (If not owner or, ne s att ney, lease e clo~ p f of agency to bring this matter before the Board) i i~ At" FORZ OFFICE USE V Application received on: 1 IUJ ~y: Complete: Need copies?: X Filed with Town Clerk: 1 ill ()~ P . Ul mg Dept.: 1 By: tfJJJ Fee deposited with Town Treasurer: t.f.11 5';OJBy: aiver requested?:_Granted:_I_I_ Hearing notice posted with Town Clerk::L1 /s1:;)" Mailed:-=tll JIOJI&M:!LI2.Y'tJJ& s-s::/ OJ Hearing(s) held on:_I_I_ Opened on:_I_I_ Continued to:_I.--1_ Withdrawn?:_I_I_ DECISION DUE BY: 1 1 Made: 1 1 Filed wrrown Clerk: 1 1 Mailed: 1 1 --- --- --- --- DECISION APPEALED?: 1 1 SUPERIOR COURT: LAND COURT Form 4/03/03 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: April 36 , 1997 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the" following: Application No.: 031-97 Owner/Applicant: " JACQUELYN DANIELS BIXBY, FOR HERSELF AS OWNER AND FOR ROLF NELSON AS OPERATOR 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. Michael J. D~ 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 ~139-301 (SPECIAL PERMITS); 9139-321 (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 Assessor's Map 73.2.4 Parcel 33 ROH 8 Main Street, Siasconset Plan Book 20, Page 108 Deed Ref. 344/168 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., Friday, April 4, 1997, in the Selectmen's Meeting Room, Town and County Building, Broad Street, Nantucket, MA, on the Application of JACQUELYN DANIELS BIXBY, FOR HERSELF AS OWNER AND FOR ROLF NELSON AS OPERATOR, P.O. Box 67, Siasconset, MA 02564, Board of Appeals File No. 031-97, the Board made the following Decision: 1. Applicants are seeking a SPECIAL PERMIT under Nantucket Zoning By-Law ~139-9B(2)(i) (take-out food establishment). Applicant currently operates a seasonal restaurant, known as the 'Sconset Cafe, which is open for three (3) meals a day. Applicants would like to be able to have take-out dinners only. The use of the structure as a food establishment is said to pre-date the enactment of the Zoning By-Law. Applicants also seek a SPECIAL PERMIT under Nantucket Zoning By-Law ~139-18B(2)(a)(b) and ~139-18D to waive the five (5) parking spaces required for the take-out food service. In addition and to the extent necessary, Applicants also seek a SPECIAL PERMIT under Nantucket Zoning By-Law ~139-18A(1) and ~139-20 (loading zone requirement) to validate the grand fathered parking spaces and loading zone. The Locus is non-conforming as to lot size, having a lot area of 1,624~ square feet in a district that requires a minimum lot size of 5,000 square feet; as to side yard setback requirements, with the structure being sited 1.5~ feet at its closest point from the northerly side yard lot line and as well as sited closer than the required five (5) feet to the southerly side yard lot line; as to rear yard setback, with the structure being sited 0.4~ feet at its closest point from the rear yard lot line in a district that requires a minimum of a five-foot setback; and as to ground cover ratio, having a ratio in excess of the maximum allowed of 30% for undersized lots in this district. The premises is located at 8 MAIN STREET, SIASCONSET, Assessor's Map 73.2.4, Parcel 33, Plan Book 20, Page 108. The property is zoned Residential-Old-Historic. 2. The Decision is based upon the Application and materials submitted with it and the testimony and evidence presented at the Hearing. The Planning Board made no recommendation. There were eleven (11) lette~on file in support of the Application and one (1) area resident spoke in favor at the Hearing. There was no opposition on file and none expressed at the Hearing. 3. Applicants, through counsel, represented that relief had been granted in a previous Board of Appeals Decision File No. 020-83. A Special Permit had been granted to expand a pre-existing non-conforming luncheonette use by increasing theSeating capacity and, in Board of Appeals Decision File No.058-84 a Modification was granted to allow the Cafe to remain open until 9:30 P.M. No relief was sought from or granted for parking or loading zone requirements. Based upon the use of the premises that was in existence prior to zoning: a luncheonette, retail space selling newspapers, books, etc., and a take-out food window, the following parking spaces would have been required: five (5) spaces for the take-out station, three (3) spaces for ten (10) seats, and three (3) spaces for 600+ square feet of retail space, with the number of required parking spaces-totalling eleven (11). The present use would require six (6) spaces for twenty-four (24) seats and five (5) spaces for take-out (if the take-out related spaces are deemed necessary as there is no separate take-out station per the By-Law) for a total of eleven (11) spaces. Both permits are arguably not in effect as they were never recorded at the Registry of Deeds nor were they placed on file in the Building Department. Applicant presented a letter for the record from a 'Sconset resident establishing that the take-out business had been in effect since at least the late 1950's. All of the operators of the establishment from 1969, a time prior to the 1972 enactment of the Zoning By-Law, through the 1996 season have also documented that take-out service, although not publicized and not a major part of the Cafe's business, has been in effect without any abandonment since 1964. It was also represented that due to the fact that most of the Cafe's customers were area residents (or tenants renting in the area) and within walking distance, there had never been a problem with traffic or parking. The Applicants would like to be able to openly advertise for take-out dinners rather than just accommodate its elderly or ill neighbors, which has been the pattern in the past. 4. Applicants represent that the parking and loading zone are grandfathered and that the take-out use has not been abandoned. Applicants are not requesting any expansion of its present use. Therefore, Applicants ask that the Board deny the relief sought on the grounds that relief is not necessary and further ask that the Board make a finding that the existing present use of the premises, as a Cafe with twenty-four (24) seats, per the existing Certificate of Inspection by the Town of Nantucket, with its grandfathered parking, loading zone and take-out facility, may continue and to further find that take-out dinners may continue on a more formal basis. 5. Therefore, the Board finds that the use of the premises as a food establishment offering take-out dinners is pre-existing and non-conforming and has not been abandoned. The Board further finds that there has been no expansion of the building/use for purposes of Nantucket Zoning By-Law ~139-18 and ~139-20. In addition, the Board determined that the number of grandfathered parking spaces is eleven (11). 6. Accordingly, the Board, by a unanimous vote, DENIES the relief requested on the grounds that no relief is necessary. D. Neil Parent ~ ~I"::" r ~..::..' F ~~; ~..:Jr--r'''1 r "',UI "1 KnuL',""" n vn:.ll\Jf\1AI\J A I I Y ~l:::JCl ddCl Cl~~b P.l TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 , ':-! ?rL o 3 ;91 "-- "'''''-~='-'''''''-~'''''''''.'''''''-='.';o;T._....-...- DECISION: At a meeting of the BOARD OF APPEALS held at 1:30 p.m. Friday, July 13, 1984 in the Town and County Building, Nan- tucket, in the matter of the Application of PAUL AND JAC- QUELINE BIXBY ON BEHALF OF PAMELA MCKINSTRY (058-84), the BOARD finds: 1. This is an Application for a Modification of a SprCIAL PERMIT (020-83). If granted, the Applicants would be permitted to extend the operating hours of a business known as the S'CONSET CAFE from 7:00 p.m. to 9:30 p.m. The premises are located at the corner of MAIN STREET AND ~LBOW LANE, SIASCONSET, NANTUCKET, AssessQr1s Lot Number 73.2.4- 33, Plan Book 20, Page 108 and is zoned RESIDENTIAL-1. 2. Based upon a review of the Application, supporting documents, plans, testimony, letters and a viewing of the site, the BOARD finds that the extension of the operating hours from 7:00 p.m. to 9:30 p.m. would not be substantially more detrimental to the neighborhood and would be in harmony with the general purposes and intent of the Zoning 8y-Law. The BOARD further notes that there was substantial neighborhood support for the new closing hours as it fills the need for a moderately priced eating facility serving in the evening. 3. For the reasons and upon the conditions set forth, the BOARD hereby GRANTS the Applicant the Modification of a SPECIAL PERMIT (020-83), by UNANIMOUS vote. ~~~~:~.A.' ~~'"\\\.,~~ ' ~. ~.~~ - \" ~ ~\:! ~ ~ ~ ~ ~ t..v.-. ,. .~ ~ 4-~~-1~~1 ~,~~~M I'-HUM HHUUA H Wt..1NMAN AI IY !::l1L1~ :d2~ ~926 P 2 . . Dated: July 27, 1984 Nantucket, Massachusetts ::5.fie~J2,~-tf~ &;J.~J .Q. ~ Eileen I. Cahoon . ;hJa T WLtJe'aJtlV Linda F. Williams .zoo ~ 4- IC.J'::" - I ::J:.::JI 2J: "':>41""'""1 v I r KUI'f Kr1UU.... H we. 11'.~r"'AI\I A I I Y =:,\;:Jt\ :d:dt\ t\~~6 P. 3 BOARD OF APPEALS Nantucket, Massachusetts DECISION: ) At a meeting of the BOARD OF APPEALS held on FRIDAY. APRIL 15. 1983. Town and County Building, Nantucket, Massachusetts. in the matter of the application of PAUL W. BIXBY and JACQUELINE D. BIXBY (20-83) seeking a SPECIAL PERMIT under Section 71 of the Zoning By-Law in order to expand a prior. non-conforming luncheonette use by increasing the seating capacity. the BOARD finds: Based on review of the application, supporting documents, testimony at Public Hearing and supple- mental information provided by the applicants on May 11. 1983. the BOARD finds that this property is located in the Village Center. has existed for . several decades as a luncheonette with a seating capacity for 10 persons. The increase of 10 additional seats and improvements of said property will not be more detrimental to the neighborhood than the existing use provided that the applicants adhere to the following conditions: . 1. Hours of said Cafe' shall be from 7:00 a.m. to 7:00 p.m. 2. As specified by the applicants, and noted by the BOARD, applicants will not allow any alcoholic beverages or spirits inside said establishment at any tin:e. , 3. Cafe' shall be self-contained and there shall be no inside. access to attached Liquor Store. . 4. Cafe' will be "sit-down" serving only, with "take-out" orders prohibited. Seating capacity limited to 20 persons (5 tables). 5. Cafe' will not install deep~fryers or dishwashing machines. 6. ,Petition to be reviewed by the BOARD annually. ..- ~ .- ~ a-~~-I~~/ 3:3a~M ~~UM ~HUDA H WEINMAN ATTY 508 228 8926 P.4 7. Establishment not to be opened co the public until passed by Building Inspector and above requirements met; and 8. The BOARD finds the proposed change by the applicants, from luncheonette to Cafe', will not be substantially more detrimental than existing non- conforming use to the neighborhood, providing applicants adhere to the foregoing conditions. ) Therefore, the BOARD hereby GRANTS the application for SPECIAL PE~~IT to applicants for said property pursuant to said conditions, by unanimous vote. , Dated: Nantucket, Mass. May 1/ ' 1983 BOARD OF APPEALS ~~A9. ~J.,v. Ei een a oon C. ~~ Jud . Bartsc ~ r;.. . f ...,... "- oS. ,. '\. ~' ';i\ -, I'IHK- 1.)- i ~~ ( i:O' 55 NRNTUCKET BANK 508 2281322 P.02 ZONING cLASSIFiCATiON: . F-...C;>., .. llN "Dr". 5 OOO.:;''F , ,-- . . . . .,~ JOt:-. . . WIll ~E; . . '1{CJN'f! ' , . FROKI' YARD S.B.: . . '$ 'ff" . . RDR << SIDE $.1.: .. .. ~. , . GROUND C(MR (X):. .~ f~ . . EXISTING: I{~ 1-4 -t SF ~t:E-E: : P.tA~ : ., N : : : ~1 : : : : : . . . ~'. . . . . 'v t\. (y 11), ~ ,"- - _'/1 Vy t\ ~~ ...., - - , ~< <TO ~ ~ ~'V' '\ rfp' 't ~ ,o~ ~~ 13.1.,. J.j - ~1../ HI1=' JdlN i, LyNN PI::AR.L 13.2 ,4- '?> 1 nlF /:: S POV:R. TE 1l.LE. /"10. A. H ;t!i-2.2. /-30-!j7 NANTUC.KE.T .BA.NK TO: , , . . . . . . . , . . . . . . . . . . . . . . , , . , . . . MORTGAGE PLOT PLAN OF lAND IN NANTUCKET, MASS. SCH.E: ,.. 10' DATE: 'J'AN 7 I~'i RC\".: I-L4- (,,.. Ownw: !~<;'~l:>';L;(1i .l?~,,!If-J:~ . ~/~~( . Deed: ~~ y,q .R:! y;,~ , PIQn;~.~. ~ I.o~ TOlC MQP:i~.~:~ .-. ~~ . LoJ~ f:V:"':i. ~T: . I CDlllf'f, 10 1HE am Of' II'( ~ lW.t!tit PRElASE3 stIlWM ME I.llCRED II fI.DOD HWIlD ZONe . . c;. ;' . ..DWIEATED l>>i FUJI. I ClIIUIlY IWI1.IU11ER: 2SlZ3O-OO. P.1.f. .c. BY' lHE nDERAL DBGfJIC'( IfWtGaIEJfr NDCf. EffECTIVE ~TE or IlH'S: ,Ql[ 3. t_ All) IS POIClOICAI.lY REVISED. ntS PlOT PlAN IMS PREPARED FOR MOKroAGf PURPOSES Ol<<.Y AND IS NOt TO lIE 'COHSIDERED A F\IU. JNS'1R\JMOO $UlM.Y. MS Pl.Nf SHOUWffOT IE USED TO ESTASUSH PROPDm' LM:S. nNCES, HfOO[S OR ANY AH~ STRUCJURES ON 1HE PRENJSES. THr PROPERlY I.JN[S SOOWN CHARLES 11'. HART & ASSOCIATES, Inc. RaY 011 CURREN1' DE!D$ JHD PI.NIS OF RECORD. 1HIS PLOT plAIf IS Nar A ctJnfleAJlOH AS TO THE TInE OR SAlO'ORD BOAT BUILDIMG OWNERSHIP or l'He: f'ftOPERJY SHOWN. OWNERS Of" ADJOINING oW. sPARKS AVENUI PROPflfJIfS ARf SHOWN ACCOROIfC ro CURRENT' ASSESSOR NANTUCKET,)IASS. 02654 RECORDS OF THE TOWN Of' fMlUCl<tI'. NOT TO BE RECORDED. (508) 228-8910 H--O;z.tt~ TOTAL P.02 /0(& If ~ 11(,.)4 I~ r. V- - 5"lf? r ...... {ic \ ~{jI09~e ~Z p",.4& ( ,/ (\el ~\O PLAN OF" LAND IN NANTUCKET MASSACHUSETTS AS PPEPA/PEO FOIi' JOHN B. McELOERRY,j~ MICHAEL S BACI-IMAN RLS NANTUCKET A/RPa NANTUCKET MASSACHUSETTS Scale 1"= /0' Dec. 24 /.979 t> Milestone Iai KEY HAP Scale I": 3,tXJO' ,~...~~__::_~ ~JIlI!IlI';i1 _~.-~ MAIN (PIJ8L/C - STREET VARIABLE WIDTH) , /1133021 ~8"E- J:. ,,,J.c:k~ ,,- 1"'c:. , . . ~. ~ -\ ':vV (,0 t ~ ~ ~ \J) " ~ ~ () '" ~ ~ ~ ~ ~ ~ Q) ~ "i-- i- ~ ~ ~ \) APR 2 9 1980 II; l/")../}M -,... ~ . . 'lttCElVED AND ENTERED WITH It-TUCKET COUNTY DEEDS BOOK OF. ~o .I:;;;~~q ~ ~<:) ~\\& , ~ .~ 2ab2 ~ ~ Z S./y w/r ~ ~ ~ ~ "J 4 ~ ~ Lol- Areq 1(;/0 if'.! .~ ~ , ~ 41 ~ ~ . ~ p~ o ~ ~ (f) ~ tCQ ~ I 'IPs.+ ''Iv ,'- -05 3/052' SO , ll! ~: 28. 7.9 .spt!!Rcer C 8. Oor'Ofhy F: Cromer ReI(' Chop. 4/ Sec.B/-X GL I cerfif'y fhaf file properfy lines shown CYJ fhis plan ore file Itiles dividing exisfing oWnership~ ana' the Ililes Or -fhe sfree-f..s and ways shown are #Jose of' puhlic or pril/ofe sfree-fs, or Ways already esh:1h- lished and thaf nOfleIN Hiles f'or division of' ex/sting ownership or -/hr new lft7ys are shown. Oa-fe /:z../-a.o/7f ~ 8t?~ I Michael S. Bachman RlS N 27.3 '""."",,.;<~ 11 1, {)() Town of Nantucket RECEIVED BOARD OF ASSESSORs APR 1 4 2005 TOWN OF I NANTuCKET. MA ZONING BOARD OF APPEALS LIST OF P ARTlES IN INTEREST IN THE MATTER OF THE PETITION OF PROPERTYOwt-!ER....~..I..... .......... .. ....... ...... MAILrNG ADDRESS...........................:.............. ........................ ..... PROPERTY U5CA TION...g..~..g,..,..~ , d . .: ~..J~ L/ -33 ASSESSORS MAPfPARCEL....,. ../...'....... .1..,......... .............................. APPLlCANT............~../.... .. SEE ATTACHED PAGES I certi fy that the foregoing is a list of persons who are owners of abutting property, owners of land directl~ opposite on any public or private street or way; and abutter.s of the abutters and all other land owners within 300 feet of the, property line of owner's property, all as they appear on the most recent applicable tax list (M.G,L. c. 40A, Section 11 Zoning Code Chapter 139. Section 139-29D (2) - /) L... j .~ If -- ~~../$;..~tJ-.S ~~.0..-4A DATE' ASSESSOR'S OFFICE Town of Nantucket t!l Z ~~ m H ...:l E-< Ii:l m:.: P::U 1i:ll:J ~~ III 0<( '\ .. '" ~ o .c< ., ~ u o H .. tr.I 8 tr.I U1 ..; tIl ..; H '" H ~ Ul E-t rt.I ~ ~ tf.I ~ "'::1 ~ ~ t;l 0: ~ ~ >4t1l~~~ 2:l1 ~~:l1~~ ~ Po 0: ., H ~ ~ u '" .... 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