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Home My WebLink About039-05 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, JUNE 10, 2005, IN THE CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: SHERBURNE ASSOCIATES REALTY TRUST, AS OWNER, AND FOR KIM F. MCLEOD, DBA THE COMPLETE KITCHEN, INC., LESSEE BOARD OF APPEALS FILE NO. 039-05 Applicant (Complete Kitchen) is APPEALING a "Order to Cease, Desist, and Abate" (the "Order") issued by the Zoning Enforcement Officer (ZEO) dated May 12, 2005, under Nantucket Zoning By-law Section 139-31, in which the Applicant was cited for using the property in violation of a previous BOA Decision for take-out food services. Applicant argues that the nature of the food products offered for sale has not changed and that they are continuing to offer pre-packaged prepared foods for sale and not offering "take-out" food items. Applicant is asking that the Zoning Board vacate the Order and find that the current activities are within the scope of the original conditions as set forth in the Decision in BOA File No. 011-00. In the alternative/to the extent necessary, Applicant is seeking a MODIFICATION of the Decision in BOA File No. 011-00, that allowed the Applicant to expand her retail kitchenware business to include food processing, manufacturing and packaging of gourmet food items for sale to the public, to allow installation of a commercial kitchen and waived the parking requirement. The Decision limited the kitchen area to about 120 square feet and restricted use to no take- out food service. Applicant is now seeking the ability to expand the refrigeration display and kitchen areas and add a take-out food component, as required by the Zoning Enforcement Officer. The nature of the business would be similar to what the Applicant is offering currently, such as gourmet prepared and pre-:packaged food items (with the addition of fresh salads and soups). The retail kitchenware part of the business would remain. Therefore, the Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-9B(2)(0) (take-out food service) and under Section 139-18 to waive the additional parking requirement (five for take-out and one for increased employees with up to six at peak shift). No parking is provided on site and the loading zone is grandfathered. The Lot is conforming in all other respects to the dimensioI}alrequirem~nts of the Zoning B~-IClW. The Premises is located at 25 CENTER STREET, Assessor's Map 42.3.1, Parcel 166, Land Court Plan No. 36680-A. The prope~y is zoned Residential-Commercial- Downtown. ~V\WA- ~_. .f2-QD...XLQ ~ Nancy J. Sevrens, Ch' an THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. ,: . ')t. . . I . :;9. NANTUCKEt ZONING BOARD OF APPEALS . j, 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 CASE NOU~?;"'05' FEE: $300.00 APPLICATION FOR RELIEF OWner's name(s): S;:' herh)(~ ~bC' . &12f1'i'1 t m;;r, a.bNPr /k33! 'f ~p~ Mailing address: 2p ro rro I f) S}y~ct: ^bVl'tucCQ't{ fntf} 026.r;' Y Applicant's name(s): KlriH .J=~ rYle-l ~o& I TherbrnetJL* tr+chfh)"tv1c'JL~c~ Mailing address:. c:2..,~ U .eVI 'ley- <;:, r.e cr I . !\JaY! 'tr r h~1 m W-o 655 tJ . Locus 'address: r!) S- ((2Yl --(-2(- 5:tyer-r I Assessor's MapfParcel: 4;;; .~. //;G0 Land Court PlanfPlan Book & Page/Plan File No.: :1 (~~o[()-- -lA Lot No.: Date lot acquired:_/-,J_ Deed Ref./Cert. of Title: /21 97S Zoning District: Uses on Lot- Commercial: None_ Yes (describe)3 1,(Q. tclLQ . un, ts . . Residential: Number of dw~gs_ Duplex . Apartments . Building Date(s): All pre-date 7/72? V or Building Permit Nos: Previous Zoning Board Application Nos.: 0 1/ -Q () Rental Rooms C of O(s)? 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: i]e Gi{Qc~& U dd2orr:f]CJIY) I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains d penalties of perjury. SIGNATURE: Applicant)( Attorney/Agent (If not owner or owner's attorne , please enclose pro~f of agency to bring this matter before the Board) FOR ZBAlYEEICE-USE .. /. . .. Application received on: 5{LiCi(By: 1..(0 0 Compl~t~; v. - Need copies?: - JV Filed with Town Clerk:~/2Q /ar-Phtnnin2 Board: / I Building D~pL; I ~y:a Fee deposited with Town Treasurer: t'IZOaBy: L6llD Waiver requested?:_Granted:_I_/_ Hearing notice posted with Town Clerk: S- i2.aJffMailed: S'1X)/osI&M: CI ?(PPJ & .J'g1;2. IO~ Hearing(s) held on:_/_I_ Opened on:--1_I_ Continued to:---1-!_ Withdrawn?:_I_I_ DECISION DUE BY:_I_/_ Made:_I_I_ Filed w/Town Clerk:_I_I_ Mailed:_I_I_ nF.r'~TON A PPIf,&' .lfn? I ~TTPli'DI()D r()TTDT. , .ANn rOITDT li'nrJn d1n1/01 ADDENDUM Applicant (Complete Kitchen) is APPEALING a "Order to Cease, Desist, and Abate" (the "Order") issued by the Zoning Enforcement Officer (ZEO) dated May 12,2005, under Nantucket Zoning By-law Section 139-31, in which the Applicant was cited for using the property in violation of a previous BOA Decision for take-out food services. Applicant argues that the nature of the food products offered for sale has not changed and that they are continuing to offer pre-packaged prepared foods for sale and not offering "take-out" food items. Applicant is asking that the Zoning Board vacate the Order and find that the current activities are within the scope of the original conditions as set forth in the Decision in BOA File No. 011-00 In the alternative/to the extent necessary, should the Board find that the current uses are outside what was previously permitted, Applicant is seeking a modification of the Decision in BOA File No. 011-00 that allowed alteration of the use in the commercial retail shop, by installing a commercial kitchen in a portion of the store without expanding the footprint of the structure. Applicant's leased space is one of three separate retail units in one structure along Centre Street. The kitchen has been used since that time for the preparation of foods to be packaged and sold as retail food items in conjunction with her retail kitchenware business. Applicant received relief by special permit for food processing, manufacturing and packaging to enable the use of the kitchen as requested. Applicant also received special permit relief waiving all additional parking requirements. No parking is provided on site and none is possible given the downtown location of the property. The lack of a loading zone provided on site was considered grandfathered. There is a designated loading zone directly in front of the store on the street, so designated by the Town of Nantucket for use by the businesses on the street. The Locus was previously considered nonconforming as to lot size, but as the zoning was changed the lot is now considered an oversized lot with it containing about 4,655 SF of area in a district that now requires a minimum lot size of3,750 SF. Whereas the Lot was nonconforming as to ground cover, the Lot is now conforming as the ground cover does not exceed the new required maximum of 75%. The setback nonconformity has also been eliminated as the new zoning requirement allows a zero setback on both the front and sides of a lot in this Residential-Commercial Downtown zoning district, while requiring a five-foot rear yard setback, which the Locus conforms to in its entirety. The retail use is allowed as a matter of right and is grandfathered given that the structure has been in continuous commercial use since a time prior to the 1972 enactment of the Zoning By- law. The remaining nonconformities related to parking and loading zone were also grandfathered. However, as the new proposed use would increase the requirement by five related to take-out food service. Therefore, parking would need to be calculated as if newly constructed. Accordingly, the Applicant is seeking relief by special permit under Nantucket Zoning By-law Section 139-18, waiving all of the parking for the structure as a whole again and specifically the additional required five parking spaces related to the take-out food service and one for an additional number of employees on site at peak shift with a total on site of up to six, as parking is impossible to provide on site. There would be no new requirement for a loading zone beyond what was already grandfathered. Applicant now proposes to expand the previously permitted about 120 SF of kitchen area to allow the placement of refrigeration units throughout the store to display her pre- packaged food products and to allow for a larger prep area to the rear of the store that would be about 160 SF, to meet health codes and install a larger refrigeration unit next to the kitchen area. The Zoning Enforcement Officer has rendered an opinion that the Applicant is no longer selling just prepared pre-packaged gourmet food items and is requiring that the Applicant seek a special permit for take-out food service specifically. The nature of Applicant's business is that the gourmet food items would continue to not be prepared to order, other than soups and salads, and everything would be offered for sale as displayed. To alleviate parking issues, Applicant will be offering delivery service for the food items. To comply with the order of the Zoning Enforcement Officer, Applicant is now seeking to modify the original decision, which restricted the use to no take-out food service, to now allow take-out food service, by issuance of a special permit under Section 139-9B(2)( 0). Applicant states that the lot is located within the commercial downtown area of Nantucket and the use would be consistent with the uses in the neighborhood. There are also several restaurants in the immediate area and there had been at least three take-out food service establishments, two across the street, that had existed in the past that served take-out food. Nevertheless, Applicant's items would be gourmet in nature and not made to order sandwiches and the like. The store would not be open later than 9:00 PM. The use 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 as well as consistent with other retail kitchenware stores and is similar in nature to the deli offerings of the Grand Union, Stop and Shop and Cumberland Farms. \""UII/"It" BUILDING AND CODE ENFORCEMENT DEPT. ~'~\\~MTUCJr~~;~ TOWN BUILDING ANNEX $~~ 37 WASHINGTON STREET ~i.. \~ NANTUCKET, MASSACHUSETTS 02554 ; · '5.~_ _ ,.. S ....~\ ~. 1.....- ~~\ -= -. - - ':"'I.~$ ~ ('~.. .....~ ;- "'''-''1 ~;;.........-::.."'.;:.... I'J ORA'" v \\\' IJl"IIII'''''' Noti~e of Zoning Code ViQI.~tiQIl Telephone 508-228-7222 Tele Fax 508-228-7249 And Order to Cease, Desist, and Abate Mr./Mrs./Ms. Walter Hess, Trustee of Sherburne Associates Realty Trust, and all persons having notice of this order: As owner/occupant of the premises/structures located at 25 Center St. (Map# 42.3.1, Parcel# 166), you are hereby notified that you are in violation of Nantucket Zoning Board of Appeals Special PeImit #011-00 and are ORDERED this date, 05/12/05, to: 1. IMMEDIATELY CEASE AND DESIST all functions connected with this violation on, or at, the above mentioned premises. Summary of Violation Violation of condition(s): 5b- "The kitchen shall not be used as a take-out food establishment without further relieffrom [the Zoning Board of Appeals; " and, 5d- "Relit:! shall be personal to Kim F. Mcleod, the Applicant, withoutfurther relie(from [the Zoning Board of Appeal.r;].... " . . .. 2. COMMENCE, within five (5) days, action to abate this violation permanently. Summary of Action to Abate Apply for the appropriate relief through the Zoning Board of Appeals. In the alternative, you must immediately cease and desist all take-out food service on this property. Zoning violations may result infines of up to $100 per day, as allowed in .9139-25 of the Zoning Code. Fines will be'calcul~tedfromApriI21, 2005. . If you are aggrieved by this notice and order, you may show cause as to why you should not be required to do so by filing an appeal with the Nantucket Zoning Board of Appeals, as specified in ~ 139-31 of the Zoning Code, within thirty (30) days after service of this order. eus .Jein Zoning Enforcement Officer TOWD ofN~nJlJc;.ket l~ AY 7 2005 DETAIL A NOT TO SCALE ~ I.;::, ~ 4J I Qc' ~ I ~ !:if ~ ~ ~ ~ " 64.89' N 27"14'43" W -1V.... P~1.f. 8... ~ I/: lI:v4'c <' f~ ~<' Sly 11'000 fB ~ VJ ~IG- TRANS ON , ~: CONC PAD , ; WOOD c: STEP' !'> ~ WOOD ~ fJLKHD A,lC a:l \\-. \\',', II \ -~ /0.5'80 " k" '" ::i\ ENT N/F TRUSTEES OF SHff/8(1RNE HAJ.L CONDOIIINIUU Lee 14210C-1 LOT2A LCC 36680 A AREA = 4,655 SQ. FT. c, ~ !tl'-sn <() OJ :1." BUlWING FOOTPRINT ~ 2,750% SF 2 STY WOOD BUlLOING HEIGHT = 25.2 , \ , 2 STY WOOD BUILDING HEIGHT = 24.6 119 S 28.....,. [J _ ~(FND) 277.67(cak) \1 (277.60 plan) 1 CENTER STREET (PUBUC - VARIABLE WIDTH) LEGEND: <tl ELf:CTRIC MANHOLE SIGN UTlUTY POLE LIGHT POLE ELECTRIC HANDHOLE TREE <n, .;. D G Ale AIR CONDITIONING UNIT 8LKHD BULKHEAD 80 BUILDING DIMENSION CONC. CONCRETE EPLP ESCUTCHEON PIN IN LEAD PLUG W.F. . WOOD FENCE FNO. FOUND -x-x-x~ FENCE LINE --!;-- GUY WIR[ PROPERTY REFFRENCES' ,. CER17FlCA7E OF 17TlE 12975 2. CONDOIIINIUII CER17FlCA7E OF 17TlE C-5. C-5-2 .J. DOCUMENT NUMBER .JSJJ1 '949' 35.JJD 38026 38024 35339 4. LAND COURT CASE" 14210 8 14210 C-1 1595.38 16137 A J6679A 366BOA PLOT PLAN NO. 21-25 CENTER STREET NANTUCKET, MASS. C)~ A"W'~/- I Cffi77fY THAT THIS PLAN IS BASED ON AN ACTUAL FlfJ.D SURVEY AND THE U<7EST LAND COURT PLANS AND CER17FlCA7ES OF 77TlE OF RECORD. \ //17/00 SCALE I" = 10' HARRY R. FELDMAN, INC. 112 SHAWMUT AVENUE PHONE: 10 0 ,""---...I I..,.,.,.."."R',4 IFlU ""'" ....1""" NO. .... JANUARY 27, 2000 LAND SURVEYORS BOSTON, MASS 0211 B (617)J57--9740 GRAPHIC SCALE 10 20 , , 40 I I RES9RCH AlA I FJElD CHIEF AlA 1 CALCULArm AJA I CADD PHS II IfflD am;w I GHECKfI1 . I,. .r .IITF~llll. _ 1-11 I. III Ii;! 1 ~ -+ I Ii! I' i I . i" .r.lr"i1rm!' 114$\)4... h1~trW;11 . , / n \~~._'. '.ttl...........~.. . ...... .. '.1 bllo i rt,.W?i" J,."I'JII.~!,'lj,.:,..J , . . u: nytfo. I,-~." .-. n .'. 17;,..J.." '.. I ',~~ z k;; [ . .1 \(~ -[~ V':'1iJ;C~ 'f ii/I- m: n .'. 1..1 ':.: I '. : ] I.' ~ I ili ~1:{i'II.'" .. , ./ --l.~ ~~~c-_~____~I.~-Y~I~~~~- m_~u___ .. . '11~1 mr~IJ! 1 , .... 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() m . fTl - Z/ - -i ::0 rrl (f) :-i "'''. ..s:."t. ~ ~ <::/ Vr"d r. >l'l ~~ 5'1" -. 1i' (') ~ 0 '$ f ,i ;: "'0 ~ 6 ; ~ r- e '- ~ 0 ~ m ~ ~ > " n z Ii ::::j - f & ~ '" ~ ~ :::J: , (A @) m 0 ~ c.? Z "-" ., I.- " fl. ~ Q It' f )- ~ - ,. . dOdH.LNIM Wd21 :90 00, 90 Nt1f __. PLAN OF LAND IN NANTUCKET '0 ! a:", 4j'/. 36680 A Schofield Brothers, Inc., Surveyors r~i I I I i I I I i:11 y,; sm. Form LGE-D-Z. 2500-1-71 '" :::! ~ - . ~;> ":;;- .~ ' ~. .... lei 1~4J "> /:,~ l"~ April 1, 1970 I / COl..E MA/IJ f....: C/) l..A/lJE I~ I:;; G//Oerr JrO //} e /'" '" {; Lc it' e) ~ e) .~ I-.j ::? c '" .Q '" " ~ ~ \() \() , ~ c " " C) '" ::c '" '" '" C) -.J ~ Q; '" " " <: C) ~ <0 ...j S2703>S'27"E 111.47 TO L.e. No.3GG79 ~2B~4~_ 277.60 ~~ ~- -~ -f.P. in l.P.af MAIN 51: , -I' CENTRE ( Pub lic- Vori a ble Width) ST Deno -r8: E.P. in LP = Escurcheon Pin in Lead Piug Copy of pad:D( plan _ ~fJled /n - LAND REGISTRA TION OFFICE - JULY 14,1970- Scale of this plan 15 feet to an inch R. L. Woodbury, Engineer fOr Court ,<,I, 53.- B B P.~. 0"-. S"-I"'--IT )0 \ ('I :1 Cj:J i . "8 ~ o 'S 's ] ;.: " .;: Q, ~ III WINTHROP Management April 4,2005 The Zoning Board of Appeals 37 Washington Street Nantucket, MA 02554 RE: Complete Kitchen at 25 Centre Street, Nantucket To whom it may concern, This letter is to inform you that Sherburne Associates Realty Trust, as the owners of the building at 25 Centre Street grants Kim F. McLeod permission to apply for zoning board relief to prepare and sell take-out food. Sincerely, WINTHROP MANAGEMENT LLC By: ~ Zero Main Street P.O. Box 359 Nantucket, MA 02554 508'228.8 100 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: March 21 , 2000 To: Parties in Interest and, Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 011-00 Owner/Applicant: SHERBURNE ASSOCIATES REALTY TRUST, AS OWNER~ AND FOR KIM F. MCLEOD, DBA THE COMPLETE KITCHEN, INC., LESSEE Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of the Nantucket Town C rk. An Appea from this Decision may be taken pursuant to Section 1 of Chapter 40A, Massachusetts General Laws. Any action/appealing the Decision mu~t 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. Wi~(~~~uQ~~:~~ 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'~O NANTUCKET ZONING BY-LAW 9139-301 (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, MASSACHUSEITS 02554 PHONE 508-228-7215 FAX 508-228-7205 Assessor's Map 42.3.1 Parcel 166 R-C 25 Center Street Land Court Plan 36680-A Cert. of Title 12,975 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., Friday, February 11, 2000, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of SHERBURNE ASSOCIATES REALTY TRUST, AS OWNER, c/o Reade et aI, P.O. Box 2669, Nantucket, MA 02584, AND FOR KIM F. MCLEOD, DBA THE COMPLETE KITCHEN, INC., LESSEE, of 25 Centre Street, Nantucket, MA 02554, Board of Appeals File No. 011-00, the Board made the following Decision: 1. Applicant (McLeod) is seeking relief by SPECIAL PERMIT under Nantucket Zoning Bylaw g139-33A (alteration/expansion of a pre-existing nonconforming structure/use) to expand an existing retail use by installing a commercial kitchen in a portion of the store without expanding the footprint of the structure. The kitchen would be used for the preparation of foods to be packaged and sold as retail food items. Applicant is also seeking relief by SPECIAL PERMIT under Nantucket Zoning Bylaw g139-9B(2)(I) (food processing, manufacturing and packaging) to enable use of the kitchen as requested. To the extent necessary, Applicant is also seeking relief by SPECIAL PERMIT under Section 139-18 to waive any additional parking that may be required. The building also contains two (2) other separate retail stores and ancillary storage space. The Locus is nonconforming as to lot size having about 4,655 square feet of area in a district that requires a minimum lot size of 5,000 square feet; as to ground cover having in excess of 50% ground cover ratio; as to side yard setbacks with the structure being sited at zero feet along the southerly side yard lot line and at about 0.5 feet at its closest point from the northerly lot line along India Street; and as to parking with the Lot containing no on-site spaces. The Premises is located at 25 CENTRE STREET, Assessor's Map 42.3.1, Parcel 166, Land Court Plan 36680-A. The property is zoned Residential-C6mmercial~ 2. The Decision is based upon the Application and material 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 was one (1) letter from a neighborhood resident in opposition. Applicant's landlord, represented by counsel at the hearing, spoke in favor of the Application. 3. Applicant represented that she owned and operated a retail business that sold primarily culinary related items. In addition, she sold pre-packaged specialty food items that were prepared off-premises and on occasion had small samples for tasting available in the existing kichen area. Applicant wished to prepare these specialty food items on site, that would be packaged and sold as a retail food item rather than as a take-out food item as currently defined in the Zoning Bylaw. There would be no take-out food service. The conversion of the existing kitchen space to one that would meet the Health Code Requirements would not adversely impact the traffic situation as these items are already offered for sale in the store, and would require no extra deliveries. There would be no expansion of the existing footprint or interior space. 4. Therefore, the Board finds that the conversion of the existing kitchen to use for the food processing, manufacturing and packaging of prepared food items, would be in harmony with the general purpose and intent of the Zoning Bylaw and would not be substantially more detrimental to the neighborhood than the existing use of the Premises. The change would be de minimus in nature and would have little impact on the traffic situation. The Board further finds that no relief is necessary for parking. 5. Accordingly, by a unanimous vote, the Board GRANTS the requested SPECIAL PERMIT relief under Nantucket Zoning Bylaw g139-33A and g139-9B(2)(I) to allow the alteration of the kitchen as proposed, upon the following conditions: a. The kitchen area shall be limited to the existing area which comprises about 120~ square feet; b. The kitchen shall not be used as a take-out food establishment without further relief from this Board; c. Any exhaust system to be installed shall be an interior system to the roof, not on the rear sidewall; Ki"" f. ;""1cLe.odJ d. ielief shall be personal to^the Applican~without further relief from this Board; and e. The kitchen area may be converted back to retail space without further relief from this Board. \j .2..h"" 2 0 0 0 \~ Dated: March . ' TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: :JtJQL ~ l ,200S To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: Cillo-os Owner/Applicant: f+.v-Thu (- f, B () +f r'r ("l()r:Q --fYJo 'f'YhQ L, 6 u+/-e, 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. l)CttJ{~A~~ IU CVY\ ~ J. ' , 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. I I I NANTUCKET ZONING BOARD OF APPEALS 1 East Chestnut Street Nantucket, Massachusetts 02554 30 Quaise Road, Nantucket Assessor's Map 26, Parcel 52 Limited Use General- 3 Land Court Plan 40104- A Lots 1 and 2 Certificate No. 9637 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, June 10, 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 (otjO..Qs') of ARTHUR E. BUTLER AND MARTHA L. BUTLER of 30 Quaise Road, Nantucket, Massachusetts, in connection with property known as 30 Quaise Road, Nantucket, Massachusetts. 2. Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-33A (alteration/ expansion of the pre- existing nonconforming structure/use). Applicants are proposing to expand their single-family dwelling, said to have been constructed in 1929 prior to the 1972 enactment of the Zoning By-law, by constructing a one-story addition onto the southwesterly side of the structure to provide a first-floor bedroom. The existing structure is sited within the required 35-foot front yard setback area as close as about nine feet from the front yard lot line. The new addition would not be sited any closer to the front yard lot line than the existing structure and would have a setback of about 24 feet at its closest point. In addition, the Applicants are seeking to validate the siting of an addition, under the same section, that was constructed on the northeasterly side of the structure in 1986 without benefit of zoning relief but under a duly issued building permit, for which a Certificate of Occupancy was issued, and is sited as close as about 29 feet from the front yard lot line. In addition, the Applicants are seeking to validate the siting of a separate garage structure, under the same section, that was constructed in 1983 without benefit of zoning relief but under a duly issued building permit, for which a Certificate of Occupancy was also issued, and is sited as close as about 33 feet from the front yard lot line. The structures are complying with ground cover and side/rear yard setback requirements and would continue to do so after the new addition is constructed. The premises is located at 30 Quaise Road, Assessor's Map 26, Parcel 52, Land Court Plan 40104-A, Lot 1 and 2. The property is zoned Limited- Use-General 3. 3. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. The Planning Board made no recommendation finding that the application did not present any issues of planning concern. There was no opposition or support expressed either in letter or in person. 4. Applicants, through counsel, represented that the central core of the single-family dwelling was constructed prior to 1930 and sited at a distance of approximately 10.9 feet from Quaise Road and pre-dated the current Zoning By-law requirement of a 35-foot front yard setback and was thus validly grandfathered as to siting. Pursuant to a validly issued building permit in 1986, an addition to the dwelling was constructed on its northeasterly side and Certificate of Occupancy No. 4783-87 for that addition was issued. The addition was actually sited as close as about 31.6 feet from the front yard lot line along Quaise Road instead of at the required 35 feet. A garage had also been constructed in 1983 pursuant to a duly issued building permit and Certificate of Occupancy No. 2741-83 was issued. The garage was sited as close as about 29.5 feet from the front yard lot line along Quaise Road instead of the required 35 feet. Both the addition and the garage were arguably protected against enforcement action by the provisions of M.G.L. c. 40A, Section 7. The Applicants now proposed to construct a new addition on the southwesterly side of the dwelling as shown on the "Building Location Plan" (" the Plan"), dated May 27, 2005 and done by Charles W. Hart, a reduced copy of which is attached hereto as Exhibit A, to provide first floor accommodations for medical reasons. Given the siting and layout of the existing structure, placing the new addition in another conforming location on the structure would be extremely difficult. The proposed single-story addition would be sited approximately 26 feet from the front yard lot line and no closer to Quaise Road than the validly grandfathered original portion of the dwelling. The addition had also been approved in Certificate of Appropriateness No. 45,924 by the Nantucket Historic District Commission. 5. Applicants represented that the Plan showed that the actual traveled surface of Quaise Road was approximately five feet from the property line giving the appearance that the work in the 1980's complied with the 35-foot setback. The board noted that many of the buildings in the immediate area also did not comply with the 35-foot front yard setback and the structures and additions would be consistent with the neighborhood and not be substantially more detrimental than the original nonconforming structure. 6. Therefore, based upon the foregoing, and given that the addition would be sited no closer than the existing dwelling, and in fact would be sited farther away than the main portion of the dwelling, and that the prior work was conducted under validly issued building permits, for which Certificates of 2 Occupancy were issued, the Board finds that the proposed project, the addition constructed in 1986 and the garage constructed in 1983 would and did increase the massing of the structure within the required 35-foot front yard setback area. However, the Board further finds that said new addition and the validation of the 1986 addition and 1983 garage, would not be substantially more detrimental to the neighborhood than the existing nonconformity. Such a grant of relief would be consistent with similar relief granted to the immediate abutter across the road from the Locus and the siting would be in harmony with the siting of several other structures within the neighborhood. 7. Accordingly, the Board of Appeals, by a UNANIMOUS vote, GRANTS the requested relief by SPEGAL PERMIT under Nantucket Zoning By- law Section 139-33A to permit the construction of the proposed addition and to validate the siting of the existing garage and addition within the front yard setback area upon the following conditions: a. The addition shall be constructed in substantial conformance with Exhibit A and the 1986 addition and 1983 garage are sited as shown upon said plan; and b. there shall be no further expansion of any structure upon the Locus, nor any change in use, without further relief from the Board. Dated: JuneJ.L 2005 3 . . ~ ZONING CLASSIFICATION: ;;"'.I./..G'.. :- ~ . MIN. AREA: . /.:<,:C?r;;~p ~:~. MIN. FRONTAGE: . .:2,.Q9. r:7o. . . FRONT YARD S.B.: . .~~ .P.r.. . REAR & SlOE S.B.: . . ZO.F."T. . GROUND COVER (Yo): . .~ .~/f . . . EXISTING: /.94 S\:?>.:t: .5.p. ~ ~ k. : 1';'~K " " . . . . . . . . . p. j<, N' 2~- 54.-'1- nit: ~. CA/....VIJ,../...O Z <0 - .5'-'1-. 3 N. C; F:, /n.c. BUILD1NG LOCATION PLAN OF LAND IN NANTUCKET, MASS. PROFESSIONAL lAND SURVEYOR SCALE: I". .30' DATE: MAY 27,2005 Owner: ~ ~ :":llf~ ~; II: -;VC:4fZ.:J:l~ ,1-.... !3Y!I:-,,?F. .(.oT 1 ; Deod:~'<;' ~e:.7; ~~f>~q Plan ~.r:-:-1:o.IP"J-:--1 Locus .~q ~.,u!'/~~.~1? . . . . . . . . . CHARLES W. HAR'l' & ASSOCIATES, Inc. SANFORD BOAT BUILDING 49 SPARKS AVENUE NANTUCKET. MASS. 02554 (508) 228-8910 H-t':735 NOT TO BE RECORDeD. \0 THIS PLOT PLAN WAS P:REPARED FOR THE TOWN OF NANTUCKET BUltDING DEPARTAAM om Y AND SHOULD Nar BE: CONSIDeRED A PROPERlY LINE SURVEY. THIS PlAN SHOULD NOT BE USED TO ESTABtISH PROPERTY UNlS. ~ HEDGES. OR AN( ANCIlLARY STRUCTURES C>>oI THE: PREUlSES. THE PROPfRTY UHES SHOWN RElY ON CURRENT DEEDS AND PlANS Of RECORD. THIS PLOT PLAN rs NOT A CElmFlCATION AS TO TJl'lL OR OWNERSHIP OF THE PROP€R7Y SHOWN. OWNfRS OF ADJOINING PROPmnES ARE SHOWN ACCORDING TO CURRENT ASSESSOR RECORDS. S.3 &. ASSESSOR MAP: . ~G. . . . PARCEL: ~""'2.. . C:\JOI$\CWIfII\.P ~, d 1..)1 \'J ....... .'--.j "__.J .,,0 TOWN OF NANTUCKET @ BOARD OF APPEALS ("0 '-D -'0 NANTUCKET, MASSACHUSETTS 02554-.> w Date: Su fl e.-- ;t 9 , 200's- To: Parties in Interest and Others concerned with the Decision of the BbARD OF APPEALS in the App1ication of the following: Application No.: 039 -o.s- Owner/Applicant, .s=h RV-bK'-:t:1t> ~S:='0\ h>k>:) ~ \+r- Tr-vS-t- , as U(Unk'r- cmrC k l'm rn~L~od J DB4-rhe ('omn!e,e K{f-OtOV1 ,:[:1/1(1' f 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 necision must be given to the Town Clerk so as to be received within such TWENTY (20) days. Ll{) (t~ @; MOM C1j :/. J:Eir-e Il V1<'t"9 Chairman r 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 1 East Chestnut Street Nantucket, Massachusetts 02554 25 Centre Street Cert. of Title No. 36680-A RCDT Assessor's Map 42.31, Parcel 166 Land Court Plan No. 36680-A DECISION: At a public hearing of the Nantucket Zoning Board of Appeals, held on Friday, June 10,2005, at 1:00 P.M., in the Conference Room in the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of SHERBURNE ASSOCIATES REALTY TRUST, AS OWNER, of Zero Main Street, Nantucket, MA 02554, and for KIM F. MCLEOD, DBA THE COMPLETE KITCHEN, INC., LESSEE, of25 Centre Street, Nantucket, MA 02554, respectively, BOA File No. 039- 05, the Board made the following Decision: 1. Applicant (Complete Kitchen) is APPEALING a "Order to Cease, Desist, and A 1..~~~" /4.1.._ "A_.1__", :_____.1 1..__ ~1.._ '7__:_~ r.'_.c__~~_~_~ A.cr.~~_ f'7r.'A, .1~.L~.1 1'\ Ir~_. 1'" r1.UUll;; \Ull;; VIUI;;I } 1;';'UI;;U uy Ull;; LV11111e Lll1V1'-'1;;1l11;;1ll VIU,-,1;;1 \L.JLV} UUll;;U lV.lUY 1"::', 2005, under Nantucket Zoning By-law Section 139-31, in which the Applicant was cited for using the property in violation of a previous BOA Decision for take-out food services. Applicant argues that the nature of the food products offered for sale has not changed and that they are continuing to offer pre-packaged prepared foods for sale and not offering "take-out" food items. Applicant is asking that the Zoning Board vacate the Order and find that the current activities are within the scope of the original conditions as set forth in the Decision in BOA File No. 011-00. In the alternative/to the extent necessary, Applicant is seeking a MODIFICATION of the Decision in BOA File No. 011-00, that allowed the Applicant to expand her retail kitchenware business to include food processing, manufacturing and packaging of gourmet food items for sale to the public, to allow installation of a commercial kitchen and waived the parking requirement. The Decision limited the kitchen area to about 120 square feet and restricted use to no take- out food service. Applicant is now seeking the ability to expand the refrigeration display and kitchen areas and add a take-out food component, as required by the Zoning Enforcement Officer. The nature of the business would be similar to what the Applicant is offering currently, such as gourmet prepared and pre-packaged food items (with the addition of fresh salads and soups). The retail kitchenware part of the business would remain. Therefore, the Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-9B(2)(0) (take-out food service) and under Section 139-18 to waive the additional parking requirement (five for take-out and one for increased employees with up to six at peak shift). No parking is provided on site and the loading zone is.grandfathered_ The Lot is {:onformingin all other respects to the dimensional requirements of the Zoning By-law. The Premises is located at 25 CENTER STREET, Assessor's Map 42.3.1, Parcel 166, Land Court Plan No. 36680-A. The property is zoned Residential-Commercial- Downtown. 2. 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 as the matter was not of planning concern. There were letters of support and a petition from several abutters as well as members of the public, with one letter being from a former employee of the Applicant and the chef and author of the menu, Liz Flanagan, stating that she did not see any difference in what the Applicant was doing right now from the first five years, except in the display of such items. Carol Meuhling, owner of the clothing shop business at 23 Centre Street, was present at the meeting and stated her support for the proposal, adding that it was an asset to the neighborhood. There was no opposition presented on file or at the hearing. There was a letter on file from the owner of the property granting permission to apply for the take-out food service special permit. 3. Attorney John Brazilian represented the Applicant, Kim McLeod principal of the "Complete Kitchen", a retail kitchenware business, and Michael Farrell her partner and principal of "Eat No Evil" the food service entity. Attorney Ken Gullickson was present on behalf of Sherburne Associates, the owner of the property. Applicant, through counsel and personal testimony, made a presentation. The property was benefited by a previous grant of Special Permit relief in the Decision in BOA File No. 011-00 which allowed expansion of her retail business to include the sale of pre-packaged gourmet foods and " . .11,. r _ .-_11_-.1..1._. .~_ _ ~___'_ ____________ C"Il__'__-".__ _ __ _'__.1. _ ...1. lIlt: In:SlallaUUIl Ul a l:UlIllllt:ll:1al Kll~Ht:lI lUl SUl:H pwPUSt:. "Ht: Hau Ut:t:ll ~UllUU~UIlg uus activity for five years without incident and had been inspected annually for her license. The loading zone and parking had been previously waived in said decision. 4. The Applicant was appealing the ZEO's interpretation of his client's activities, i.e., that she was operating a "take-out food establishment without further relief..." and that the business was no longer "personal to Kim F. McLeod, the Applicant, without further relief. . ." The ZEO had issued an "Order to Cease, Desist and Abate" dated May 12,2005. Applicant subsequently filed an appeal with the Board of Appeals that was duly filed with the Town Clerk in a timely manner on May 20,2005. Should the Board determine that there were insufficient grounds to overturn the decision of the ZEO; the Applicant was seeking Special Permit relief and a Modification of the above reference Decision in the alternative, to allow he to operate a take-out food service establishment as part of her retail kitchenware business, and expand her kitchen area. Applicant was also seeking a waiver of any additional parking spaces associated with the implementation of the take-out food service. 5. Applicant represented that the nature of the products currently offered for sale was discussed, with a menu of offerings and pictures of the interior placed into the file in support of Applicant's argument. No sandwiches or other items were made to order and all products were prepared ahead and displayed as is and sold by the weight in containers. They had expanded the kitchen area to install a new refrigeration unit and created new display areas for the-f(}odthat were integrated with,the retail kitchenware items to be sold. The expanded area of preparation (about 40 square feet) was largely based up Board of Health requirements for food preparation. Applicant represented that there had historically been many food service establishments on that part of Centre Street for many years and there were still several in the immediate area. Therefore, the use would be consistent and in harmony with the downtown commercial area and an asset and not a detriment. Parking and loading zone requirements had also been waived for many properties proximate the locus. Applicant further stated that the current use was consistent with other similar businesses on Nantucket that did not have take-out food licenses such as the Stop and Shop and Cumberland Farms. When questioned by Board Members about Michael Farrell's participation in the business, the Applicant stated that she was still the principal of the business and the leaseholder and that Michael Farrell managed the food service end of the business in conjunction with her business. She stated that it was a "good marriage of businesses" to have gourmet food items with her high-end kitchen retail business. There was discussion about continuing to make the relief particular to the Applicant and the Applicant stated she did not have an issue with that so long as the Board acknowledged that she had a partner now. There was discussion about the park that had been provided to the town on the easterly side of the structure on the same lot and the trash that collected there. Applicant stated that she had made a consistent and diligent effort to keep it clean and would continue to do so though much of the trash was not generated by her establishment. Applicant pointed out that there was a similar business abutting the locus that also sold kitchenware and was granted a similar special permit for take-out food service. 6. When questioned by the Board as to why the matter was before the Board, the ZEO made a presentation. The ZEO stated that in his opinion the retail kitchenware business and pre-packaged gourmet food aspect had been altered to the extent that it was considered a take-out food establishment. The expansion of the kitchen area, new display ,.. ,1 ,.. 1 1 ,1 " ,1, 1 . '" .. . '" ,... ,'I l:ast:s lOr Ult: lOUU sprt:au UlTUUgnUUL Ult: sLOrt: anu nt:w parmt:r wt:rt: VIOlanOnS 01 me original conditions contained in the Decision in BOA File No. 011-05. The original decision had also specifically restricted take-out food service without further relief from this Board. He felt that the kitchenware had taken a subordinate role to the sale of food products. He also felt that McLeod was not the principal anymore as the decision required. Silverstein submitted an advertisement and a local newspaper article from April into the record indicating the offering of food products. He argued that there were two distinct businesses running in conjunction with each other. 7. Therefore, based upon the foregoing, the Board finds that appropriate action would be to grant new relief by Special Permit for the take-out food service, as the Board was divided on the issue of the Appeal. The Board finds that as the addition of take-out food service to the retail kitchenware business, with the expansion of the kitchen area, is in harmony with the general purpose and intent of the Zoning By-law and would not be substantially more detrimental to the neighborhood, especially considering the commercial nature of the downtown district. In addition, the Board finds that a Modification of the original Decision in BOA File No. 011-00, would not be substantially more detrimental to the neighborhood. The Board also finds that a waiver of the additional parking spaces associated with the addition of the take-out food service in Applicant's leased space would be in harmony with the general purpose and intent of the Zoning By-law and not contrary to sound traffic and safety concerns, given that the spaces would be physically impossible to provide on site. Such a waiver would also be consistent with other similar waivers granted tOnlotswithinthe downtown commercial district, and particularly to lots proximate the locus. 8. Accordingly, the Board of Appeals voted UNANIMOUSLY to GRANT the requested MODIFICATION of the Decision in BOA File No. 011-00 to remove the prohibition concerning take-out food service on the premises; SPECIAL PERMIT relief under Nantucket Zoning By-law Section 139-9B(2)( 0) to allow take-out food service as part of Applicant's retail kitchenware business; and waive any additional parking spaces required on site. Relief is granted based upon the following conditions, (included are relevant conditions, incorporated herewith from the previous decision, not herein modified): a. The kitchen preparation area shall be limited to about 160 square feet of floor space substantially as shown upon the "Kitchen Upgrade" plan, marked as Exhibit A, a reduced copy of which is attached hereto (inclusion of said plan does not restrict the Applicant to the specific floor plan as it relates to display areas, but is simply illustrative); b. There shall be no further alterations of use of Applicant's space beyond what is permitted herein, without further relief from this Board; c. Any exhaust system related to Applicant's use shall be an interior system vented through the roof and not on the vertical wall plane in the rear of the structure; d. Relief shall be particular to the Applicant without further relief ('"' .1._ T"-. _ _, ____-.1.1. .1.'._ __1_______1_..:1________""-..1-1._""- 4_. .1~___..Ll____ HUIIl lIlIS DUi::1rU, W llIl llll;; i::1l:IVIUW II;;Ugl;;llll;;lll llli::1l J-\.l'l'lll:i::1l1111i::1S i::1 partner related to the take-out food service part of the business; and e. The kitchen area may be converted back to retail space as a matter of right without further relief from this Board. 9. In separate action, by a UNANIMOUS vote, the Board allowed withdrawal without prejudice of that part of the Application relevant to the Appeal. 10. Also in separate action, by a UNANIMOUS vote, the Board waived site plan review for this project under Nantucket Zoning By-law Section 139-23. Dated: June~, 2005 C" D, ("""') 0'\ ('..1 L.... m p ..I .. .. .. 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