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Home My WebLink About026-02 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETIS 02554 Date: Apr/ '( f , 2002- To: Parties in Interest and. others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Owner/Applicant: o 2itJ ""0 2- R p Ai I ur / Application No.: 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. ba ~AAkP ftJoIlC~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); D139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. TOWN OF NANTUCKET WNING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MA 02554 Assessor's Map 55 Parcels 158 and 159 Residential - Commercial 12 and 16 Dave Street Deed Ref: 660/194 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1 P.M., on March 8, 2002, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, MA on the Application ofRPN, LLC of 14 Dave's Street, Nantucket, MA 02554, Board of Appeals No. 026-02, the Board made the following Decision: 1. Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-Law Section 139-33A (alteration/extension of a pre-existing nonconforming structure/use), and to the extent necessary, a MODIFICATION of the Decisions in BOA File Nos. 114-92, and 012-98. Applicant proposes to alter and extend a pre-existing nonconforming structure, a tavern, by constructing an about 612 square-foot exterior, covered porch (surrounded by a solid board fence) onto the southwesterly side of the structure, to provide an outdoor smoking area, due to the passage at the 2001 Annual Town Meeting of the warrant article which prohibited smoking in restaurants and bars. The deck would also provide a secondary means of access and egress for the handicap. The existing primary access on Dave Street would continue to be maintained as such. The current seating and occupancy capacity would not be increased. No further parking spaces would be required with the construction of the deck. The unimproved parking lot currently provides for forty-three (43) parking spaces, where eighty-four (84) are required under the Zoning By-Law. The proposed deck would be constructed over four (4) of the existing spaces. Therefore, Applicant is also seeking relief by SPECIAL PERMIT under Nantucket Zoning By-Law Section 139-18 to waive the four (4) aforementioned spaces. The Locus is nonconforming as to parking, loading and setbacks. The Premises is located at 12 & 16 DAVES STREET, Assessor's Map 55, Parcel 158, Plan Book 19, Page 6, Lot 1, and Assessor's Map 55, Parcel 159, Plan Book 18, Page 33, Lot 3, respectively. The property is zoned Residential-Commercial. 2. The Decision is based upon the Application, the materials accompanying the application, as well as the testimony and evidence presented at the Hearing. The Planning Board recommended that there be no loss of parking and that the parking be provided off-site to mitigate the loss of parking spaces. There was one (1) letter on file that suggested several ideas for mitigating the impact of the deck and the Chicken Box:in general. 3. The Applicant provided a detailed Major Commercial Development ('MCD") Analysis and Parking information in this Application. The prior BOA decisions included one for modification of existing bathrooms and construction of storage areas, which would have added approximately 195 square feet of floor area. However, because no work was performed following the decision, the special permit lapsed by operation ofthe By-Law. In addition, the BOA granted approval to allow four (4) of Applicant's parking spaces to be leased as parking during Applicant's off-peak hours to a neighboring property owner to meet his parking requirements for operation of his restaurant. After analysis, the BOA determined that this prior relief, and the current proposal do not exceed MCD thresholds as the addition ofthe deck would not increase square footage of the existing structure, nor increase the current occupancy of the Premises, nor require any increase in the parking requirements. 4. The Property has pre-existing nonconformities as to off-street parking. As previously noted by this Board, the unimproved parking lot at the Premises provides for forty-three (43) parking spaces, where eighty-four (84) are required by By-Law. The proposed deck, to be situated on the southwesterly side of the structure, would occupy four (4) of the forty-three (43) previously existing parking spaces related to Applicant's use. Applicant seeks to have the Board waive these four (4) spaces. Applicant represented that every effort was made to enter into an agreement with an abutter for off-site parking, but has been unable to do so. Applicant has represented that it is willing to implement and enforce a policy of not allowing any of its employees to park in the parking lot at the Premises to mitigate the effects of the elimination of the four (4) parking spots by the deck. 5. The approximately 612 square-foot covered deck on the southwest end of the existing building would be surrounded on one (1) side by the existing building and on the remaining three (3) sides by a boarded fence wall with a lattice top. The deck and fence wall have Historic District Commission approval issued in Certificate of Appropriateness No. 38,548. There will be a handicap exit ramp off the deck. Applicant has further agreed that it has retained a landscaping company to adorn the deck and surrounding areas of the Premises with appropriate greenery. 6. The purpose of the construction of the deck is to provide an outdoor defined area for customers who wish to smoke. The April 2001 Town Meeting passed a By-Law banning all smoking in public places effective as of September 1,2001. The Applicants do not propose to add additional seating or increase the occupancy of300, as certified by the Building Department. Rather, they wish to accommodate patrons who wish to smoke without having to go outside to the street in front of the existing building to do so. 7. Applicant represented, and submitted documentary evidence, that on November 7, 200 1 Applicant received approval from the Nantucket Board of Selectman and the Mass. Alcoholic Beverages Control Commission to add the about 612 square-foot deck. The conditions imposed were the following: that the door to the new deck should be kept closed at all times - not to be propped open under any circumstances; that there be no wait staff provided to patrons on the deck; and that the deck not be fitted with benches or seating of any type. In addition, Applicant represents that the door on Dave Street will continue to be the main entrance and free access into the bar from the street to the bar, via the deck, will not be allowed. Applicant has petitioned the Board of Selectman to reconsider the condition that the deck not be fitted with benches or seating of any type. 8. Therefore, the Board finds that Special Permit relief may be granted to allow the Modification and allow construction ofthe approximately 612 square-foot covered deck, with the ramp and wood board fence with the lattice top to allow patrons to circulate to the outside deck with their beverages and/or snacks in order to smoke. The Board further finds that said relief is necessary in light of the new Town By-Law to allow Applicant to meet the needs of its patrons and to provide a secure outdoor area with minimum impact on neighbors, and would not be substantially more detrimental to the neighborhood than existing nonconformities and would not increase the certified occupancy, and be in harmony with the intent ofthe Zoning By-Laws to promote the health, safety, convenience, morals and general welfare of its inhabitants. In addition, the Board finds that the waiver of the four (4) on-site parking spaces would be in harmony with the general purpose and intent of the Zoning By-Law and would not be contrary to the sound traffic and safety considerations, having little impact on the parking situation in the neighborhood. 9. Accordingly, by a UNANIMOUS vote, this Board GRANTS the MODIFICATION and SPECIAL PERMIT relief requested under Nantucket Zoning By-Law Sections 139-33A and 139-18B(1), (2) for the addition of the approximately 612 square-foot covered deck, ramp and wood fence substantially in conformity with the reduced marked up site plan, attached hereto as Exhibit A, to allow patrons to circulate to the outside deck, which may contain bench seating without further relief from this Board, with their beverages and snacks for the purpose of providing on-site spaces for smokers upon the following conditions: a. No live entertainment, amplification or video games whatsoever shall be allowed on the deck; b. The occupancy shall not exceed the current certified occupancy number of300; c. The covered deck and fence shall be constructed in substantial conformance with the Certificate of Appropriateness No. 38,548 issued by the Historic District Commission, as may be amended; d. The rear doors onto the deck shall not be propped open during bar hours; e. No employees be allowed to park in the Premises parking lot; f. There shall be no service bar on the deck without further relief from this Board; and g. There shall be a noticed formal review of the subject Special Permit to take place at the regularly scheduled meeting ofthis Board in October, 2002. (026-02) 10. The Board waived the site plan review for the proposed project that is required under Nantucket Zoning By-Law Section 139-23. Dated: April <{' , 2002 "b ~ ~( NancYS~~;,-----.~~[\f)uY j' -t Ja ::0 OZ ):" :I=- in ~-,. '"0 -. Z~. ::::0 J ()r- ~ r~: r<1 ::c ;. -a :Y. l-rl ~ , j .". V1 -i . \ z: ~ .. . 0x 4'f" \> , " , . ~ \> , -, c: ~ !: \> Jo.) .:oi: "t, 11 I {; t:l ~ ~ t .... ~ :\ t ~ t.E 1)1 ! '" - ~ .7- . ~~ i~ 0- ~.i~ :i ~ \\ 3 -"" .;i~ ~9 ~. J - 2 -!.. . ~ . ~" It (. t . oCl ~- ~ " t ij ~ o. .... ~ , . ~ ~ 1 .. EXHIBIT "A" .~. < fTl ~ ~ (11 [il -1 ~ l. ~ <!> ! \ ,~ .. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETIS 02554 PHONE 508-228-7215 FAX 508-228-7205 NOTICE A Public Hearing of the NANTUCKET WNING BOARD OF APPEALS will be held at 1:00 P.M., FRIDAY, MARCH 8, 2002, IN THE CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: RPN, LLC (AKA THE CHICKEN BOX) BOARD OF APPEALS FILE NO. 026-02 Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-Law Section 139- 33A (alteration/extension of a pre-existing nonconforming structure/use), and to the extent necessary, a MODIFICATION of the Decisions in BOA File Nos. 114-92, and 012-98. Applicant proposes to alter and extend a pre-existing nonconforming structure, a tavern, by constructing an about 612 square-foot exterior, covered porch (surrounded by a solid board fence) onto the southwesterly side of the structure, to provide-an outdoor smoking area, due to the passage at the 2001 Annual Town Meeting of the warrant article which prohibited smoking in restaurants and bars. The deck would also provide a secondary means of access and egress for the handicap. The existing primary access on Dave Street would continue to be maintained as such. The current seating and occupancy capacity would not be increased. No further parking spaces would be required with the construction of the deck. The unimproved parking lot currently provides for forty-three 43 parking spaces, where 84 are required under the Zoning By-Law. The proposed deck would be constructed over four (4) of the existing spaces. Therefore, Applicant is also seeking relief by SPECIAL PERMIT under Nantucket Zoning By-Law Section 139-18 to waive the four (4) aforementioned spaces. The Locus is nonconforming as to parking, loading and setbacks. The Premises is located at 12 & 16 DAVES STREET, Assessor's Map 55, Parcel 158, Plan Book 19, Page 6, Lot 1, and Assessor's Map 55, Parcel 159, Plan Book 18, Page 33, Lot 3, respectively. The property is zoned Residential-Commercial. THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. SRBC SUGARMAN, ROGERS, BARSHAK & COHEN, P.C. Attorneys at Law 101 Merrimac Street Boston, MA 02114-4737 617 -227 -3030 617 -523-4001 Fax www.srbc.com JllHII E. KEEw, III keenan@srbc.com February 6,2002 VIA FEDERAL EXPRESS Linda F. Williams 6 South Pasture Lane Nantucket, MA 02554 Re: Nantucket Zoning Board of Appeals Application for Relief for 12 & 16 Dave Street Dear Linda: As discussed, enclosed herewith please find four (4) copies of the following in connection with my client, RPN, LLC's Application for Relief under Section 139-18B(1),(2) of the Town of Nantucket By-Laws: 1. Completed Application Form; 2. Addendum to Application Form; 3. Application for Relief Continuation Sheet; 4. MCD Analysis; 5. Locus Map of the Subject Premises; 6. Mortgage Inspection Plan for Subject Premises; 7. Site Plan showing planned structure; 8. Project Plans by Chip Webster & Associates; 9. copies of Nantucket Board of Appeals Decisions Nos. 114-92, 011-98, and 012- 98; 10. copy of Correspondence dated November 8,2001 memorializing Nantucket Board of Selectman decision dated November 7, 2001; 11. Proposed Findings; 12. copy of Certified Abutter's Listing dated August 14, 2001; and SUGARMAN, ROGERS, BARSHAK & COHEN, P.C. I have enclosed two (2) sets of thirty-eight (38) stamped envelops addressed to the property abutters and asked my clients to deliver to you a check in the amount of two hundred ($200.00) made payable to the "Town of Nantucket " Please let me know if there is anything else you need to make this application complete. Thank you for all your assistance. Very truly yours, ~ JEKJj ek Enclosures "'~1i"':^:,._..,. '..~" ., ~"_ '~~J,,,,,,,,,,,'''i",~ tf'. .. r ' ~ :1, 'I ' .... . . ~.. ~:":,'BoA 'orm 1-89 ,. HA)l~UCDW ZOUXUG BOAlm OJ' APPBALS ~lOl ~ COtDIWY BUILDIHG ~UCXB~, HA 02554 APPLrCA~rON POR RBLrB~ 2. -" - 02- oate- NO.CJ&~ CASEl ',;.; Owner'. nuae(s):. t. :Hai,ling a~e.s: t.'" . Applicant's nama: Hailing ac1clreS8: Location of lot: S~e.t a~~88: RPN, LLC 14 Daves Str~et Nantucket, MA 02'554 ~~me same Assea,~r'~ map and paroel number 12 & 16 Daves Street 55 - 158 & 159 --- * Raqistry Land'ct'PlanL Plan Bk , Pg or Plan File ~ot ., see a~tac1ted Slie~ts oate ~t acquired: --1--1__ Deed Ret __,___ Zoning'district tJ~es on 'lot -' ,o'ommeroial:' None' or see attached sheets MCD? '-- --- . .. - number ot: dwellings___ dupl.x___ ~partm.nts___ rental rooms___ , see attached sheets BUilding'dateCa): all p~.-8/72? or C of O?___ Building Permit appl'n. Nos. see attached sheets Case Nos. all, 80A ~pplications, lawsuits: see aottached sheets 'state tully all ~oninq r.liet sought and r.sp.otiv. Code s.otions and sUb.eotions, speoitically what you propos. oompar.d to present and what ~o~ you ~rv. tor BoA to make each tindinq p.r Section 1?9-32A __ i~ Va~iance, 139-~OA it a Speoial P.rmit(and 139-33A it to alter or extend a n~ncoeIorminq u.e). It app.al per 139-32A '~~ ~ , att~o~ ~~~ision or ord.r appealed. OK to attach addendum . " *10; 1,' Plan Book 19" Page 6 , Lot 2, Plan Book 18, Page 33 2 :;.:0 rtl .:) Ii"! 67 ~~. z~ ("")c c r ~~. f"T1 ~~. :::0 r'c -0 rn ~.. W Cl Item. enclo.ed a. part ot thi. 'Application: order1 add.ndum2~ , Locus maP-L s~t. plan~ showin; pre.ent x +planned x struotures Ploo~ plan. P~...nt propo..~ .1.vat10n. -Z- CHD~pprov.d~), Li.tinq. lot area :-lrontaq.. ..tback.a Gca- ];)ark1ng data x Aa....or-c.rtiti.a-ad4t"..... IIit 4 ..t.x ma;11n~ lab.l. 2 s.ts~ 1200 t.. payable to Town ot Nantuck.tx proQt cap' oov.nant . ' (It an appeal, a.k To~m Clerk.to ..na-Jlag coar'. record to BOA:r- I certify that the request.d intormation submitted is SUbstantially complete and t . to . e.t of my knowledi., under the pains and ',penal toie. ot ." s;J N - 'SIGNA'1'URla 3(%: not ~ppl~cant ___ AttorneY/a;ent x attorney, enolose ~root ot authority) FOR BoA OFFICE USE .":' C~ Application copies rec'c1. 4.U o~_ to~ BoA Ol~~ by' ; on~ c~~ tiled with Town Cle~k on~~bY cO~Plete~ One copy .ach to Planninq ad and BU1lding oept..9 3!:..J:B-gy it/2<QJ. . $200 t.e check given Town Treasur.r on~J~y~~aiVed?___ .Bearing notic. po.ted.b~ail.dZ-t~I & M~, 2/~ ~1l\g C.) on....l....l_ oo~t',j to-l-/ _, -1-1_ ~1thch:awn? -1....1_ ~1.1on due bY-l-l__ aad.--I-'_ tiled TC-I...i_ aail.dJ--I_ ... ~te4,OIIOI llWIU~tl other '... ......... ..' .... I .... ' ADDENDUM ~5(}, -- G3?/' 33H- Applicant seeks Special Permit Relief pursuant to Section 139-18B(1), (2) and/or Modification of prior Special Permits in BOA File Nos, 114-92 and 012-98, Applicant proposes to alter and/or extend the pre-existing nonconforming commercial tavern use on its Premises at 12 Dave Street, by constructing a deck - for use as a smoking area - onto the southwest end of the building located on the Premises. The deck is approximately 612 square feet, covered by a roof and surrounded by boarded walls with a lattice top, The walls are approximately 8 feet tall, The deck will have a ramp and provide a secondary means of access and egress for the handicap, The Historic Commission approved the deck in September of2001 by Certificate of Appropriateness No, 38548, On November 7, 2001 Applicant received approval from the Nantucket Board of Selectman and the Massachusetts Alcohol Beverages Control Commission to add the 612 square foot deck with the conditions that: the door to the new deck should be kept closed at all times - not to be propped open under any circumstances; no wait staffbe provided to patrons on the deck; and the deck not be fitted with benches or seating of any type, In addition, the door on Dave Street will continue to be the main entrance and free access into the bar from the street to the bar, via the deck, will not be allowed, As reflected in the Nantucket Board of Selectmen's November 7,2001 Decision approving applicant's Motion to Alter Premises, the deck is not intended to expand the current seating or occupancy capacity. Rather, in view of the warrant article that was passed at the 2001 annual town meeting banning smoking in restaurants and bars, Applicant intends to construct the deck to accommodate its existing patrons who smoke, The Property has pre-existing non-conformities as to off-street parking and loading. As previously noted by this Board, the unimproved parking lot provides for forty three (43) parking spaces, where eighty-four (84) are required under the By-law, The proposed deck would be constructed over four (4) of the forty-three previously-existing on-site parking spaces related to Applicant's use. Applicant seeks to have this Board further waive these four on-site parking spaces. Applicant has explored other options in siting the deck. However, due to the existing siting of the structure, including available frontage as well as grade changes on the lot, the proposed siting was the only feasible location in which a deck and exterior door could be placed, As there would be no increase in occupancy, no additional parking spaces would be required, The requested relief would not be substantially more detrimental to the neighborhood than the existing non-conformities and is in harmony with the general purposes and intent of the Zoning Bylaws to promote the health, safety, convenience, morals and general welfare of its inhabitants. Granting relief in this instance would not be not contrary to sound traffic and safety considerations and will have little impact on neighborhood parking. ~ ~ ~ ...:l ~i ~.c o~ ~ .~ z- o ~ ~ c Eo-; .... ~= U UO ~ ...:l ~ ~ ~ <f;3CZl 0<0 o::lUZ Z o c.::> 1== ZL..< ......"U Cl~""" .....l .....l' t::::' p..CZl i-J~Cl;0 o::lp..<t;Z CZl ~ CZl ~ ~ o N Cl ~ S CI U < ~ .....l ' E-<~ 1==~ -- ..>c: o o o::l Z <~ .....l ~ p..p.. N 00 0\ 0\ , , NN "'" ...... ......0 "",.,...,..t- 0\ O\NC")O\ 0\0\ 0\ ~~~~~NN.J.N ,C")t-""NNO""'\O .,..OOt-.,..\O.,...,...,..O ""'O......Nt-......NN"'" '0::7.....-4.....-4("'\1(".,1..............1"""""1....... 0.0.0.0.0.0.0.0.0. o::lo::lo::lo::lo::lo::lo::lCQCQ '@ '13 .... Q) I:: S .... g ~ UE-< U ct. o o , o ...... I .,.. o \0 \0"'" ..>c:0\ 0...... o 0lJ CQp.. \0 -- 0\ ...... 00 0\ , N ...... o C") 00 0\ 00 00 00 , I , C") r- "'" 0\ ...... ...... t- "'" \0 N\O\O 0.0.0. CQCQCQ '@ '13 .... Q) I:: S .... S ~ o ~ UE-< U ct. o o , o ...... I .,.. o \0 \0 "'" ..>c:0\ 0...... 00lJ o::lp.. C") C") -- 00 ...... E-< 0 .....l ...... C") U U lX: .....l .....l ~ .....l .....l Z Z 0 ~ ~ .....l ~ 00 0\ --U .,.. .,.. ~~ ...... ...... -- -- ::8p.. .,.. .,.. .,.. .,.. .... .... Q) Q) or) >- ~ Q) 0'< .... N E-< .... U5 CZl on lX: 0 Q) Q) <"\ ~~ f; f; Cl Cl ~Z N \0 ...... ...... MCD ANALYSIS Prior Periods Description Sq, Ft. Changes Parking Chan!2:es Permit 114-92 access to bathrooms for disabled; 295 addition of one (1) reconfigure storage area; add handicap space handicap parking space ["'BUILDING PERMIT LAPSED - WORK NOT PERFORMED] Permit 012-98 allocation of four ( 4) on-site n/a lease offour (4) parking spaces during off-peak parking spaces during hours to allow adjoining off-peak hours property owner to meet parking requirements (See also Permit Applications of John Keane Nos, 01-198, 065-97, and 057-99) TOTAL ACTUAL CHANGES 0* 305296,1 " \ --.....-. ~. --s.-~ l ~, f.'_ ':a- .. :.........;.::'...~.~= .,. ".. A. ::.'::.-....~:-. .. CIIUr.:.-:. . h.....1UClttT TOWN Of I~ Ie; ~ :. nt' 0::.""'" \ , \ \ \ \ \ \ \ \ , \\ , '- " ~ ') , '(- . , / ~ of . ., '. ,. , <1 " : " ". " / I I,. I ": I:. . - .- /'.. ~ ':". ".-:'-': ---' . J~: r n:";. ~ w ).. fr.\irr . ; "- ."''''.:., .. ~- L~__ I ~ " I '-J /. / ., -.. f "- /" , , ... '.~ ~ OS:10:00 WED 09:39 f,\X 13082285630 ~ Reade.G.H&G . ~uu; ZONUle CLASSJnCATJON: RC EX5TlNG: ~ AR~ . . !:).OOO , Sf, . . . ~P,~~~*, SF llli, fRONT.4GE: . :4-0. FT. . . . ~~~ t~~ ;)IO/IOT YA!~O $.B.: . NO~E. , , , . . . , . . , . R(AR A: SID( SA: .5.1:1: . . . . C~O\JI.O COVER (I): ,503, . , : :ie.~%: :z ONly ORlGlIWlY STMIPED AND ENXlRSED COPIES Of TItS SlW..l BE ACKNOWlEIlGED BY THE CERJfYIlC lNlD ~-2e7 N/F REf!) 55-161 N/f a,w.w;IoIONTRl .~ 55-160 A"'~ N/f' , 122 PlEASANT ST, INC, 6' WIDE WATER UNE EASEMENT DEED 164/97 J::> r~v.~.l) '\- , ~ -<";'A J~.f. .s/C"k "''l&: ' ~~ ~.ct.2 ~1ttJ> ~~; ~o)"~ MORTGAGE INSPECTION PLAN 10: NANrtl9~T. ~ft.~K AND NO OTHERS, In ; Ci:il::FY, TO 1HE BEST OF IIY kNOWWlGE. lHAT THE N k MA PRfllJS€S SHOWN ARE lOCAlED N flOOD HW.RO lONE; ant u c e t , , ,C _" DELtOTEO ON F.LIl.1L / COIAIUtlrOAHEL . ,- ,- - - , , -,- ";UlA9~~: 2502JO-OOOOllC. BY llIE FEIIERAL SCAlE: 1'= 040' DATE: MAY 9, 2000 ~MEqcENCY ILWGEMENT N:;fJ{(;(. EffECTIVE OATE OF w.P5: M~t 3, 1986 ANI) AS l'ERlOOtCAI.Ly R&lSEO, Owner: . ~9.~~~:r. .~" .~~~.P , . . . . . , . 7";15 IhS?ECTION PlAN WAS PREPARED FOR 1oIORTc..cE PURPOS(S Jt12 nAVE STREET CNLY AND 1$ NOT TO BE COHSlOERED A fW. t4STIMlEHT SUIMY, Locus: TT. . ."ft~ . , . , , . . . . . . . . , . . . . . . TIl!S PWI SHOUlD NOT lIE USFD TO ESTAIU5H PROPERlY LINES. 162/279 19-6 lot 1 FE~CES, HEDGES OR N/( ANCl1.NN STRUCTURES ON THE PROIISES, 'h~ PRO"ERTY lINES SHOWN Ray ON C\.lRIlOO' DEEDS NlO I'LANS Deeds:~~Q/~~. Pion Books:l~-:-:':' .l~~" ~, ~l~;:fCnoN PlAN IS NOT A CflI'lRATlON AS TO THE nn.E OR Tox t.lap:55-:15a.16Q . . . O'NN:RSHlP Of THE PROPERlY SHOWN. OWNERS or AO./OININC PROPERTlESB'r Id'VWP'LL a. ASSO"'lAII''ES J Aq~ S":OWN ACCOllOlNG TO CURREHT TOWN OF NAHTVCKET ASSESSOR Lftl "" It' &I. ex \I. I, . 1tC. \i:COq~, Pro/essianDl L4fld SUnJ~ors rio,S ,2tJ,N SIW.L HOT BE USED FOR Nt( OnD PURPOSe OTHER 'OOH 20'" dal ,.,. l iTS :~'(N~D USE STATED NMNE. I eas e L. trc e ~3cck.el .. AlIOCiGtflIllc, Na.ntucket. Massachusetts 02554 C,\l'IlOIloIlC\_\1IPP INOT TO BE RECORDED I FBK.: 65 147 (508) 228-9026 85594 EXHIBIT "A" . -i ~ , , ) ... r. , EXHIBIT "A" 0~ ... .. + " ~ \> ~ ... "- " ... , " .' ~ .' -, c: to-' !: \> l;) .:i: I> ,.. IJ ~~ ~ ~ f~ e .... (i ::Il :\ t 9) H~ l~ ,,-1 . '1' ~ ~ ~~ Ii t: ~ pm i l;' \~ "\ ~~ -I ~ .N +,~. " ~~ ~9 "t\ " <<9 ~~ -! ~ ~ y. ;" It , < ~ " .f :i- '" rn ~~ \11 - n 0 II ii ~ ~ ~ ~ :xl . .. ~ nl ... L rn C', \, -1 ~~ ~ !c\ if ~ ., ~ .,. iii '~ .." ~ ~ 1 ! ~y:. (? r" (!) ~ >"'" C:'~'C" e C"", fmi.' -' l D"'~ ~8 ..~ cr' 08"\ 3~~" ~~~! ,~ :J g~,pt ~8D" I!' ~; .or; ~ ~ o ......................:.;.;; ~ ~~~~~~~~~ J: i I ~ .: -t , :. !;I . '. L--~,..: \ .' .' :: " " ~~ ~ <-' IlJ.lsnW;)VsS"I't '.1])I;;JnJNVN 1~ <( I X08 N3>1JIH:J '..... >, :;:.... ~~.. c. 'J, ...-~. D"'~ ~8 ..~ 5: m ~~~ m ~:i ~, ~~~ ~~~ ~~ ~ ~....~ E:]-OH " '" I" ~ B '" ~ ~ o ..................~~... ~ ~~~~~~~~~ J: SlllsnW:;lYSsv" 'l])t:;:Jn.1M"'.. X08 N3>1JIH:) bNl LU ~ III I- '" <t m > ~t w ~j w I I ~ I- :> N .. ... l<<> \ TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: February I , 19 93 To: Parties in Interest and, Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 114-92 Owner/Applicant: ROBERT R. REED, D/B/A THE CHICKEN BOX RESTAURANT, INC. 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 th~ complaint and certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20) days. i~ (JJ Cf bA@ Dale W. Walne : Chairman cc: Town Clerk Planning Board Building Commissioner APPLICATION OF: ROBERT R. REED d/b/a THE CHICKEN BOX RESTAURANT, INC. c/o Kevin F. Dale, Esquire Vaughan, Dale and Philbrick, P.C. Whaler's Lane P.O. Box 659 Nantucket, Massachusetts 02554 ZONING BOARD OF APPEALS SOUTH BEACH STREET NANTUCKET, MA 02554 Map 55 Parcel 158 R-C 12 Dave's Street Deed: Book 182, Page 279 At a public hearing of the ZONING BOARD OF APPEALS held at 1:00 p.m., December 14, 1992, in the Town and County Building, Broad Street, Nantucket, Massachusetts on the Application of Robert R. Reed d/b/a The Chicken Box Restaurant, Inc., of 12 Dave's Street, Nantucket, Massachusetts 02554, Board of Appeals File No. 114-92, the Board made the following DECISION: 1. The Applicant is seeking relief by Special Permit under Section 139-33(A) and Sections 139-18(B)(2), 19 and 20 of the By- Law to allow for the alteration and expansion of the pre- existing, non-conforming commercial tavern use on the Premises to provide access to interior bathrooms for the disabled and to reconfigure the storage area without increasing off-street parking spaces and other off-street parking requirements. The Premises are located at 12 Dave's Street, Assessor's Map 55, Parcel 158, shown as Lots 1 and 3 in Plan Book 18, Page 33 at the Nantucket Registry of Deeds. The property is zoned Residential- Commercial. 1 2. The Decision is based upon the Application and materials submitted to the Board and the testimony and evidence introduced at the hearing. 3. Applicant's Attorney presented evidence that the property is non-conforming as to off-street parking requirements; currently, the unimproved parking lot provides, at best, forty-three (43) off-street parking spaces. Eighty-Four (84) off-street parking spaces are required under the By-Law. The aggregate lot area is 23,932~ square feet. Current ground cover of the structures on the property is 5,784~ square feet (24.2%). The proposed work would add approximately 295+ square feet of ground cover (6,079~). 4. The specific alterations and renovations proposed by the Applicant are as follows: A. Renovation and expansion of interior bathrooms to provide access to the disabled by adding 152~ square feet of ground cover and relocating 14l~ square feet of storage area as shown on the building location plan prepared by Hart-Blackwell and Associates, Inc. as prepared for Robert R. Reed, dated September 8, 1992; B. Enclosing a roofed-over deck at the loading dock to provide a new exitway for an increase in ground cover of 55+ square feet; C. Removal of a free-standing storage shed for a reduction in ground cover of approximately 82~ square feet; D. Expansion of the current storage area so as to 2 increase ground cover by 170~ square feet; and E. The provision of one (1) designated off-street parking place for the disabled, thirteen feet by twenty feet, paved, with appropriate signage. All of this work is more specifically reflected on the building plan. 5. The Board finds that the proposed work will not be substantially more detrimental to the neighborhood than the current use of the property and will provide a specific benefit to the Nantucket community by providing accessible bathrooms to the handicapped where none now exist. 6. The Board, by UNANIMOUS VOTE, grants Applicant's request for a Special Permit under Sections&33(A), 18(B)(2), 19 and 20 so as to allow for the alteration and expansion of the premises to substantially in accordance with the plans filed with this Application", and attached hereto and marked Exhibit "A". Dated: =kb(uary~, 1993 (\ ()l(, C~ ttb~Q D~-W: Wa'ine - ~ ~ ~I~t~~~y~ ..:"....:~..fllZ:';~.C'l:"..:.. 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(I :~ i!D 'bt Ol .... o o "- ..... :>\ () G\ 7.", 0'$- 1~.9 r./+ ~O.b~~T X-. p",F;~Z; .L-OT ..:3 rlo-A.N /9 -..33 ..DeeD /'0%- ;c.=,.9 85.0~ ).. ill ~ 0 ~ 6\ 0 N 'I j\l' "- ~ "- ~ 1\ ~., .'1 :p , ~ [ . '" ~ ~ () () ... ~ '" -5:6 ~ t iii , 'i ... ~ 0 ~ 1- C, 'i ~ 0 l'J ,~ o? 6'1 0 ~ -.) 0 q r- II <:: ~ II S.8 ~ 0 ~.. l< c , )J /' b " m ~ 4) ,... ,., ".',.." \ ~~~~~ ..."...i.... ~'-- ~ t .-"-. ~-- ss- .2t'7' i .~ ,....~ , . L..~ ---- n -- -.r!'11 ~L'=,< !Ii: ~ ., 10 fl oj,:t: "- ~ ~ ,{ " :l '" )- 'i ,,~ '< '. .~ ......\ .., ,- -.-- ..: ;',5 '::-::::r- ~ n . ~ I J ',~,~ ! . ) TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: August 17 , 1998 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 012-98 Owner/Applicant: REED ,TRUSTEE CHICKEN BOX RESTAURANT CORPORATION, ROBERT Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of the Nantucket ~ 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 fil~ng 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. 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 ti139-30I (SPECIAL PERMITS); Y139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETIS 02554 PHONE 508-228-7215 FAX 508-228-7205 Assessor's Map 55 Parcels 158 and 159 R-C 12 - 16 Dave Street Plan Book 18, Page 33 Lots 1 and 3 Deed Ref. 160/73 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., Friday, February ,13, 1998, in the Conference Room, at the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of CHICKEN BOX RESTAURANT CORPORATION, ROBERT REED TRUSTEE, of P.O. Box 2122, Nantucket, MA 02584, Board of Appeals File No. 012-98, the Board made the following Decision: 1. Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law ~139-33A (alteration/expansion of a pre-existing non-conforming structure/use). Applicant proposes to allocate four (4) on-site parking spaces, for the hours between 6:00 A.M. to 9:00 P.M., for use as off-site parking spaces. This would enable a Lot, in the -vacinity of the Locus at One Chin's Way, Assessor's Map 55, Parcel 163, and the subject of the pending Application in BOA File No. 065-97, to meet the parking requirement of eleven (11) spaces for the proposed restaurant use. In BOA File No. 114-92 this Board established that the pre-existing non-conforming tavern use on the Locus required eighty-four (84) parking spaces. Forty-three (43) spaces were provided in the unimproved parking area adjacent to the structure. See also companion case in BOA File No. 011-98. The Premises is located at 12 - 16 DAVE STREET, Assessor's Map 55, Parcels 158 and 159, shown as Lots 1 and 3 in Plan Book 18, Page 33. The property is zoned Residential-Commercial. 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 an unfavorable recommendation expressing concerns about the intensity of use and parking issues. There were no letters in the file. This matter was heard in conjunction with BOA File Nos. 065-97 and 011-98. 3. Applicant, through counsel, represents that he is willing to allow use of four (4) of his existing parking spaces by the Applicants in BOA File Nos. 065-97 and 011-98 to enable them to meet the parking requirements for their proposed restaurant at One Chin's Way. Said property is situated in close proximity to the Locus, though not directly abutting the property. At a previous Hearing, this Board asked the Applicants in th~other cases to find an alternative to a waiver of the required parking spaces, i.e., submission of a revised site plan placing all spaces on the Lat or an agreement indicating a neighbor's willingness to provide off-site parking spaces. Applicant further represents that he has entered into a twenty-year lease with the Applicants in BOA File Nos. 065-97 and 011-98 to use four (4) of his parking spaces. Applicant's business is generally slower during the peak hours of operation for the proposed new restaurant and stated that there would be little overlap of the use of the subject spaces. Approximately forty-three (43) parking spaces are provided in the unimproved parking area adjacent to the building and there would be no general adverse impact on the parking situation in the area with the leasing of the four (4) spaces. 4. Therefore, the Board finds that the grant of a Special Permit to allow the use of four (4) off-site parking spaces on the Applicant's Lot by the restaurant at One Chin's Way would be in harmony with the general purpose and intent of the Zoning By-Law and would not be substantially more detrimental to the neighborhood than the existing non-conforming parking situation. A grant of relief in this instance would not be contrary to sound traffic and safety considerations. The peak hours of operation for the proposed restaurant at One Chin's Way would be generally at a different time from the peak hours of operation of Applicant's tavern. Therefore, the Board further finds that the use of the four (4) off-site parking spaces on Applicant's Lot, to help meet the parking requirement for said restaurant, would have little impact on the parking situation in the neighborhood. 5. Accordingly, by a unanimous vote, the Board GRANTS the requested SPECIAL PERMIT under Nantucket Zoning By-Law ~139-33A, to allow the modification of a pre-existing non-conforming off-street parking use so as to allow the Applicant to provide four (4) parking spaces for the non-exclusive use of the Applicants and their successors, in BOA File Nos. 065-97 and 011-98, for the proposed new restaurant at One Chin's Way, Assessor's Map 55, Parcel 163, upon the following condition: The four (4) off-site parking spaces shall be available for the use of the proposed restaurant at One Chin's Way between the hours of 6:00 A.M. to 9:00 P.M. on any given day when the restauraqt is in ::::::i:::ust /1 ' 1998 U..~ f j tJ<2-L-~ uale q Waine ~ \ G~ ~VC~ Nancy sevre~ ~ (b' fl-J2ftJ 4 r D. e1l rent TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: August '7 , 1998 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 011-98 Owner/Applicant: JOHN KEANE AND ALAN REED, AS OWNERS AND FOR JOHN KEANE 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 T~ENTY (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. '-- Ute> (/jair<d Q ~ ~ '- 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. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 Assessor's Map 55 Parcel 163 R-C One Chin's Way Plan File 33A, Lot 4A Deed Ref. 411/68 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., Friday, February 13, 1998, in the Conference Room, at the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of JOHN KEANE AND ALAN REED, AS OWNERS AND FOR JOHN KEANE, of One Chin's Way, Nantucket, MA 02554, Board of Appeals File No. 011-98, the Board made the following Decision: 1. Applicants are seeking to amend the pending Application in Board of Appeals File No. 065-97, to inClude a request for SPECIAL PERMIT relief under Nantucket Zoning By-Law ~139-18B(1) (Parking Requirements - off-site parking spaces). Applicants propose to locate four (4) of the required eleven (11) parking spaces, related to the proposed restaurant use, off-site on land located in the vicinity of the Locus and shown at 12 Dave Street, Assessor's Map 55, Parcels 158 and 159, or on a Lot proximate the Locus and shown as 2 and 4 Chin's Way, Assessor's Map 55, Parcels 161 and 162. Seven (7) conforming spaces would be provided on-site. See also companion case in BOA File No. 012-98. The Premises is located at ONE CHIN'S WAY, Assessor's Map 55, Parcel 163, Plan File 33A, Lot 4A. 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 an unfavorable recommendation stating that the site could not support the proposed use. There were no letters on file in support or opposition. 3. Applicants are before this Board in BOA Application No. 065-97 in which Applicants are seeking relief by Special Permit to operate a thirty-six (36) seat restaurant with one (1) dwelling unit on the second floor in an existing structure. Eleven (11) off-street parking spaces are required. Initially Applicant sought a waiver of four (4) off-street parking spaces with eight (8) being provided on site. At the previous hearings the Board expressed concern about traffic congestion and adequate parking for the proposed restaurant use especially during the busy summer season, and asked the Applicants to revise the Site Plan to include the required green space and indicate the location of some parking spaces off-site. Applicants submitted a Special Permit Application, BOA File No. 01L-98, to allow four (4) off-street parking spaces to be located off-site on the property owned by the Chicken Box Restaurant Corporation at 12 - 16 Dave street, Assessor's Map 55, Parcels 158 and 159, which relief the Board of Appeals granted by a unanimous vote. Applicants offered to limit the use of the four (4) off-site parking spaces to employees and the occupant(s) of the second floor residential use on the Premises, reduce the number of on-site spaces to seven (7) by reducing the number of restaurant seats from thirty-six (36) to thirty-two (32), in order to provide the spaces on-site for restaurant patrons. Applicants represented, through counsel, that there was no possibility at this time of being able to locate the four (4) off-site spaces on the immediately abutting property at 2 and 4 Chin's Way and that the Owner of the property at 12 - 16 Dave Street has agreed to enter into a long-term lease agreement to allow use of four (4) spaces on said property. The relief granted in BOA File No. 01.-98 was conditioned upon the spaces being available for the use of the proposed restaurant at One Chin's Way between the hours of 6:00 A.M. and 9:00 P.M. on any given day when the restaurant is in operation. 4. Therefore, the Board finds that the grant of Special Permit relief to allow four (4) parking spaces to be located off-site as described above, would be in harmony with the general purpose and intent of the Zoning By-Law and would not be contrary to sound traffic and safety considerations. The spaces would be located within the same block, in walking distance, as the Locus and Applicants have entered into a twenty (20) year lease with the Chicken Box Restaurant Corporation to use the four (4) off-site parking spaces. 5. Accordingly, by a unanimous vote, the Board GRANTS the requested relief by SPECIAL PERMIT under Nantucket Zoning By-Law g139-18B(1) to allow the Applicants to locate four (4) of the required eleven (11) parking spaces required by the proposed restaurant and one (1) dwelling unit, off-site on land owned by the ChicJcen Box Restaurant Corporation, located at 12 - 16 Dave Street, Assessor's Map 55, Parcels 158 and 159, upon the following condition: In the event that the twenty (20) year lease is terminated or the off-site parking spaces are no longer available to the Applicants, or their successors, in connection with the restaurant use at One Chin's Way, then this Special Permit shall terminate and lapse without further relief from this Board. Dated: August 17, 1998 Town and County of Nantucket Board of Selectmen. County Commissioners Timothy M. Soverino. Chairman Francis "Isky" Santos Stephen L. Bender Frank T, Spriggs Matthew G. Fee 16 Broad Street Nantucket. Massachusetts 02554 Telephone (50S) 22S-7255 F~Unile(50S)22S-7272 www.town.nantucket.ma.us C, Elizabeth Gibson Town & County Administrator November 8,2001 SRBC ATIN: John E. Keenan, III, Esquire 101 Merrimac Street Boston, MA 02114-4737 RE: Application of Boxontherock, LLC for Alteration of Premises Dear Mr. Keenan: At the meeting of November 7, 2001, the Board of Selectmen voted to approve your client's Alteration of Premises application to add a 612 square foot deck to the west end of the already existing building known as the Chicken Box located at 12 Daves Street, contingent upon the following restrictions: . The door to the new deck shall be kept closed at all times, not to be propped open under any circumstances. . No wait staff will be provided to patrons on the deck . The deck shall not be fitted with benches or seating of any type The application and supporting documents will be forwarded to the Alcoholic Beverage Control Commission for final approvaL Please contact this office if you should have any questions. Thank you. Sincerely, k, ,(/'dItttlt!-. L~Mclsaac Licensing Agent pc: John N. Jordan Building Department PROPOSED FINDINGS TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MA 02554 Assessor's Map 55 Parcels 158 and 159 Residential - Commercial 12 and 16 Dave Street Applicant: RPN, LLC At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1 P.M" on March 8,2002 in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, MA on the Application ofRPN, LLC of 14 Dave Street, Nantucket, MA 02554, Board of Appeals No, _, the Board made the following Decision: 1. Applicant is seeking relief by Special Permit under Section 139-18B(I), (2) and/or Modification of prior Special Permits in BOA File Nos, 114-92 and 012-98, Applicant proposes to alter and/or extend the pre-existing nonconforming commercial tavern use known as the "Chicken Box" by the addition of a six hundred and twelve (612) square foot deck on the southwest end of the existing building for use as an outside smoking area, There would be no increase in occupancy and there would be no outside live entertainment provided, The Premises are located at 12 and 16 Dave Street, Assessor's Map 55, Parcels 158 and 159, Plan Book 19/ Page 6, Plan Book 18 / Page 33, The Property is zoned Residential- Commercial. 2, The Decision is based upon the Application, the materials accompanying the application, as well as the testimony and evidence presented at the Hearing. 3. The Applicant provided a detailed Major Commercial Development ('MCD") Analysis and Parking information in this Application, The prior BOA decisions included one for modification of existing bathrooms and construction of storage areas, which would have added approximately 195 square feet offloor area. However, because no work was performed following the decision, the special permit lapsed by operation of the By-Laws In addition, the BOA granted approval to allow four of Applicant's parking spaces to be leased as parking during Applicant's off-peak hours to a neighboring property owner to meet his parking requirements for operation of his restaurant. After analysis, the BOA determined that this prior relief, and the current proposal do not exceed MCD thresholds as the addition of the deck would not increase square footage of the existing structure nor increase the current occupancy of the Premises. 4. The Property has pre-existing non-conformities as to off-street parking. As previously noted by this Board, the unimproved parking lot at the Premises provides for forty three (43) parking spaces, where eighty-four (84) are required by By-Law. The proposed deck would occupy four (4) of the forty-three previously existing parking spaces related to Applicant's use. Applicant seeks to have this board waive these four spaces. Applicant represented that every effort was made to enter into an agreement with abutters for off- site parking, but has been unable to do so. 5. Allowing Applicant requested relief is not substantially more detrimental to the neighborhood than the existing non-conformities and is in harmony with the general purposes and intent of the Zoning Bylaws to promote the health, safety, convenience, morals and general welfare of its inhabitants. A grant of relief under these circumstances is not contrary to sound traffic and safety considerations and would have little impact on the parking situation in the neighborhood. 6. The approximately 612 square foot covered deck on the southwest end of the existing building on the Premises would be surrounded on one side by the existing building and on remaining three sides by a boarded fence wall - approximately 8 feet tall - with a lattice top. The deck and fence wall have Historic District Commission approval issued in Certificate of Appropriateness No. 38548. There will be a handicap exit ramp off the deck. 7. The purpose of the construction of the deck is to provide an outdoor defined area for customers who wish to smoke. The April 2001 Town Meeting passed a by-law banning all smoking in public places effective as of September 1, 2001. 8. The Applicants do not propose to add additional seating or increase the occupancy of300 certified by the Building department. Rather, they wish to accommodate patrons who wish to smoke without having to go outside to the street in front of the existing building to do so. 9. Applicant represented and submitted documentary evidence that on November 7, 2001 Applicant received approval from the Nantucket Board of Selectman and the Mass. Alcohol Beverages Control Commission to add the 612 square foot deck with the conditions that the door to the new deck should be kept closed at all times - not to be propped open under any circumstances; no wait staffbe provided to patrons on the deck; and the deck not be fitted with benches or seating of any type. In addition, Applicant represents that the door on Dave Street will continue to be the main entrance and free access into the bar from the street to the bar, via the deck, will not be allowed. 10. Therefore, the Board finds that Special Permit relief may be granted to allow the modification and allow construction of the addition of an approximately 612 square foot covered deck with the ramp and wood board fence with the lattice top to allow patrons to circulate to the outside deck with their beverages and/or snacks in order to smoke. The Board further finds that said relief is necessary in light ofthe new town By-law to allow Applicant to meet the needs of its patrons and to provide a secure outdoor area with minimum impact on neighbors, and having this Board waive the four parking spots would not be substantially more detrimental to the neighborhood than existing nonconformities and would not increase the certified occupancy. In addition, the Board finds that the waiver of the four on-site parking spaces would be in harmony with the general purpose and intent of the Zoning By-Law and would not be contrary to the sound traffic and safety considerations. 11. Accordingly by a(n) vote, this Board GRANTS the MODIFICATION AND SPECIAL PERMIT relief requested under Nantucket Zoning By-Law Section 139- 18B( 1), (2) for the addition of the approximately 612 square foot covered deck, ramp and wood fence substantially in conformity with the reduced site plan, attached hereto as Exhibit A, to allow patrons to circulate to the outside deck with their beverages and snacks for the purpose of providing on-site spaces for smokers upon the following conditions: a. No live entertainment, amplification or video games whatsoever be allowed on the deck; and b. The occupancy shall not exceed the current certified occupancy number of300; c. The covered deck and fence shall be constructed in substantial conformance with the Certificate of Appropriateness NO.38548 issued by the Historic District commission, as may be amended; d. The rear doors onto the deck shall not be propped open during bar hours; and e. There shall be no service bar on the deck without further relief from this Board. 12. The Board waived the site plan review for the proposed project that required under Nantucket Zoning By-Law Section 139-23.. Dated: ,2002 Town of Nantucket Ft' E [(~~ . 130A,~:SC~/~ O~A,S ~D s~s /lUG 0 sOAs ]j r 200/ ^,-4^,,~Vv^, OF=" C/fI2, I 1\1-4 ZONING BOARD OF APPEALS LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF PROPERTY OWNER... ... ......... ..R...P.fJ)...... .....L.l.C...... ......... "",.y \ =) MAILING ADDRESS...9.Q...... CQ.Q pg.b S +.... Op.t. .11". ?.... B.o.~:r 0 (I), PROPERTY LOCATION..........~.~.............. ~ Y. f S...... S:It. ~g. f...... 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