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Home My WebLink About034-02 TOWN OF NANTUCKET BOARD OF APPEALS WITHDRAWAL FORK File No. ()3 4-cJ~ ..."'- '1' Parcel I ~"3 A-. I-<' En he--, IN RE: THE APPLICATION OF Map ":>dh" d -.,.1 ***********~***********************************************~****~l prior to 1)(.. after PUBLICATION OF NOTICE OF A PUBLIC HEARING ON THE ABOVE CAPTIOWED APPLICATION, WE, THE NANTUCKET ZONING BOARD OF APPEALS: -Iz ':"1 O'J> c- 2E -; ~ l'''' %-:~ , (J'- ~ r '- fT". ~..' -0 ;o~ \.U ~-~': ?t" . . _.~ - UPON THE REQUEST OF THE APPLICANT{S) MADE: acknowledge as a matter right and without prejudice ~ approve without prejudice approve, but with prejudice THE WITHDRAWAL: K in full of the said application of so much of said application as: DATED: j{ ) 0 J 0 2- qL& (p /i /O~ ~ 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 WNING BOARD OF APPEALS will be held at 1:00 P.M., FRIDAY, APRIL 5, 2002, IN THE CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: JOHN A. KEANE BOARD OF APPEALS FILE NO. 034-02 Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By- Law Section 139-18 (Parking Requirements), to waive two (2) of the required parking spaces, and to the extent necessary, a MODIFICATION ofthe Decision in BOA File No. 065-97, as amended in the Decision in BOA File No. 011-98. Applicant proposes to alter and expand his 32-seat restaurant by converting about 198 square feet of existing open front porch area to indoor seating which would allow the addition of 12 seats and reconfiguration of the placement of the bathrooms, for a total of 44 seats. The increase in seating would increase the parking requirement from 11 to 14. Currently, eight (8) spaces are provided on site and four (4) are provided off-site for the employees, pursuant to the Decision in BOA File No. 012-98. There would be no change in the overall footprint of the structure or the apartment use. Applicant also seeks to substitute a new Exhibit A to show the addition. Ground cover would be increased from about 1,301 square feet to about 1,499 square feet (about 27%), below the maximum allowed of 50% for this Lot. The Locus would continue to conform to all other dimensional zoning requirements, including green space. 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. THIS NOTICE IS AVAILABLE IN LARGE P OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. BoA Form 1~[l9 N~..lITUCKET ZONING DOl'illD OP 1\PPE1\LD TOWN AND COUNTY BUILDING: NANTUCKET, HI> 02554 ~PPLICATION FOR RELIEF CI>SE . Date NO.~ Owner's name(~): John A. Keane Mailing addre~s: 66 Hooper Farm Road, Nantucket, MA 02554 Applicant I s nume: John A. Keane M~iling address: 66 Hooper Farm Road, Nantucket, MA 02554 Location of lot: Assessor's map and parcel number ~- 163 street address: One Chin~ sWay, Nantucket, MA 02554 Registry Land ct Plan, Plan Bk & Pg or Plan File 33A Lot~ Date lot acquired: 2J 20/.-!3 Deed Ref ~~ ~ Zoning district R-C Uses on lo~ - commercial: None ~ or ,MCD?_ - number of: dwellings_ duplex~ apartments~.rental rooms_ Building date(s): all pre-8/72? Building Permit appl1n. Nos. Case Nos. all BoA applications, lawsuits: 065-97; 011-98; 12-98 state fully all zonin~ relief sought and respective' Code sections and subsections, speclfically what you propose compared to present and what grounds ~ou urge for BoA t? make ca~h findi~g per Section 139-32A if Varlance, 139-30A . If a Speclal Permlt .(;~J1.d 139-33A if toalteror'ext.end 'ii nonconforming use).. If appeal per 139-32A ~B __ , attach decision or orderl appealed. OK to attach addendum . Applicant seeks a Special Permit under Nantucket Zoning By-Law\ "Section 139-18B(4) (off-street parking requirements) to waive two (:) parking spaces in connection with the expansion of the' restaurant on .the ;E>rem;tses::;tha,t wU.;I.. incr~ase . restaurant seating from thirty-two (32) seats to forty-four (44? seats. APPlicanj1 also seeks site plan approval pursuant to Section 139-23 of the By-law. or C of 07 " ,'" Items enclosed as part of this Application: order1 addendum2 xx Locus map-!K. site plan xx showing present XX +planned xx ~sb;ucture-s Floor plans present XX proposed elevatl~s (HDC.a~proved?) Listings lot areaxx~rontage xr-setbacks GCRXX parklng data:xx Assessor-certifie"i:1addressee ITSt 4 sets XX ma~lIng labe19 2 setsXX f200 fee payabl.e...to...IT'own '.of Nantucket. XX proof.. _ . I cap I c6V"enant-- (If an appeal, ,=sk Town Clerk t?.~e!:CfI31dg Comrls r,~~C?~<;i to BoAT I certify that the requested information submitted is substantially complete and true.. to test-of my knowleqge, under the nains and penalties of perjur .'.', -. .' .:" ". X-. ... Fo.'" , John A. Keane - SIGNATURE: .. , . Attorney /JagejqlQ{xxxx:: ~y his Attorney, Kev. n . a .____ (If not owner or owner's attorney, enclose proof of authority) FO~ ~~FFICE USE Application COPiesJ re~ld; "'4Vor~" _.. f~r BoA on3_/!2;:;J!;~;l1;Z6) One copy filed with Town Clerk o~y (~t'~~ comp~ete?~ One cotJy eas:h .to rlanning Bd aDd ?UilVJ:f~.~7;P.t~?J;~J.A.-i) $200 fee check given. Town Treasurer o~~'.~~iVed?___ Hear~ng notice posteQ;]J; tf!bMJ:ile0']J;{/l;I & 62d;d2.r~~ \, Hearing(s) on--l--l__ cont'd to--l--l__, --1--1__ withdrawn?--I--I__ Decision due bY--l--l__ made--l~__ filed. TC--I--I__ mailed--l--!__ co........ __"_..L.~.' d h'> ::0 :::;: ill ~,:2 'J ~.:u "J m N -.'~ J .'.... (...v ;,n (J; :::J --...J ADDENDUM "A" Applicant, John A. Keane, is the owner and proprietor of the Hen House Restaurant located at One Chin's Way, Nantucket, Massachusetts, 02554 ("Hen House"). The Hen House has been serving affordable meals to members of the Nantucket community on a year-round basis for more than three (3) years. Currently, the restaurant is licensed for thirty-two (32) seats in accordance with the provisions of BOA Special Permit No. 065-97, as amended by BOA Special Permit No. 011-98. Eleven off-street parking spaces are required for the current operation ofthe Hen House (8 spaces for 32 seats; 2 spaces for seven (7) employees; and one (I) space for the upstairs apartment). The Hen House provides 12 off-street parking spaces: eight (8) spaces on the restaurant premises and four (4) spaces on adjacent Premises (Chicken Box) pursuant to BOA Special Permit No. 12-98. Keane wishes to convert a portion of the Hen House unenclosed front porch to an enclosed restaurant seating area with twelve (12) additional restaurant seats. Specifically, he wishes to convert 198i: square feet of covered porch to enclosed restaurant space and to reconfigure the interior seating and bathroom areas as shown on the proposed floor plan. This increase in restaurant seating from 32 to 44 seats will require eleven (11) off-street parking spaces, and all the uses on the Premises will require fourteen (14) spaces (II for 44 seats; 2 spaces for 7 employees; and 1 space for the upstairs apartment). Keane also seeks Site Plan review and approval pursuant to Section 139-23 of the By- law. The lot has an area of 5,480i: square feet and existing ground cover of 1,30 Ii: square feet (23%). The maximum ground cover allowed in this RESIDENTIAL-COMMERCIAL zoning district is 50%. Because the existing covered porch on the front of the restaurant does not constitute ground cover, the conversion of a portion of the porch to enclosed restaurant area will increase the ground cover by 198i: square feet for an aggregate ground cover of 1,499i: square feet (27%). The minimum green space requirement is 20% oflot area and Keane will provide 21 % green space (I,204i: square feet). The Hen House provides good and affordable food to the public on a year-round basis and the requested Special Permit waiving two (2) off-street parking spaces will be in harmony with the intent and purpose of the Zoning By-Law. Moreover, it is physically impossible to construct more off-street parking on the Premises and, as a practical matter, the Hen House restaurant operation winds down at around 9:30 p.m., the time other restaurants in the neighborhood usually get busy. Applicant John Keane asks the Board of Appeals to grant the requested Special Permit and approve the submitted Site Plan. -, c:lc) SCHOFIELD BROl'KERS, INC. ~.. PRorESSfOMAL lNG'NEE,!S : REGI!lT:-PnD LAND SURVEYORS y. fEDEP.AL ~..". NAMTU~Kn. MASS. storage " / / "- 2 2 wait ~ v ~ "-./ "-./ / "- counter = 7 !^l- 00 00 00 7': 17""\- j /"- 2 : : 2 : : fmm , ' , ' nuL~Jqlb:l~..(~=-l ' , ( CJ \ (()\ " / _nmmnmmnnnnnmn~ 1 DL2Ji]D 2 DU 4 k . . .--------------------- 0 "-./ Kuum_huu_- DD D D f--UP- 8 c:::J 0 GJ c:::J 2 0 /"- r_mumm_h_ " / - I "-/ -------- ------- 4 00 /"-. porch I'-- _ - dish wash kitchen 4 i-4(F _ -"~,toJ.M",A........ "~~.Of"ol-r12-l - - -- .. ?~'I"1- . - ~ /" '1-....... ;,/4 / o o ~ \I' ~ IOb.OO 6~\o.I" rul";' Fci;~<Ji, C!eolrE" p...,.,e,. ........,...... "'-"',.... 4l} '1 ..1 ~.~ ::If ot. . .... ~'"T'4A. ~~~ ~~ct~~P.-.. o 0 '1..... 0 H '"'-'4 \. i: ~! \II l',-.I! \ <r ~~ '1 t' . ~ a '1 ) . J , ~ L,. ~~ ~\ ~ ~ ~~-i"';~I'w.,.l"V"'N\""~W. to-- 7('/t.. . A~ ~A""''''' k . """'7' ,;-' f.l.~ ;:r. - ~ ;r ~} rt I'ollF ~\. L.v.,.",....,z... Jr-z-- -m-. C;<;- \b"t . '-""" I \>~ '" I<- I!. p'" ?? CURRENT ZONING MAP: ~'- /f'>v-JrL. OV~--( MINIMUM LOT SIZE: '5000 Sr. . MINIMUM FRONTAGE: -40 P-T FRONTYARD SETBACK: N"""'60 SIDE AND REAR SETBACK: ? F-r ALLOWABLE G.C.R.: ';0 '7, EXISTING G.C.R.: ?--",lir..t-z.1 (.; 'r,::t: . ~~R~ tfNtsS.to~-:RE TAKEN. FROM RECORDED DEED AND PLAN REFERED TO HEREON. BUILDINGS, MONUMENTS, ETC. ARE PLOnED FROM FIELD MEASUREMENTS. I HEREBY CERllFY TO THE BEST OF MY KNOWLEDGE THAT THE PREMISES SHOWN ON THIS PLAN ARE LOCATED VIITHIN THE '~. ZONE AS DEUNEATED ON THE 'FIRM' MAP OF COMMUNITY NO. 250230; MASS, EFFECllVE: .6-3-86 BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY, <Z6J"~ .,.~.,.... N.B. UO l7'b ~ ~ Jl ~ - 1.J' ':l1r' 1\11 1f ,tI 2 J ,>,-,A"I""- ",,"~G: ' 71:> (_ '1.111"<09') L.DT" ~A ~ 1 1\1' u.O! 'i:tli- t' a ~ \l. :-li .. AS-BUI!:T PLOT; PLAN IN NANTUCKE~ MASSACHUSETTS SCALE: \""'\0' DATE:,ju",",-W.,\::>"'~ PREPARED FOR: Jol4rJ A. ~eO. NANTUCKET SURVEYORS INC. 5 WINDY W/\ Y NANTUCKET, MA. 02554 DEED REFERENCE:t:>J.1',.... '5M It.. ~?JI PLAN REFERENCE: t>.... F<- ~?-,A ASSESSOR'S MAP: '5'7 peL. 11.,,,, N-i-A.'lJ ~ o \ ~ \l - [I -', .' '1 o l F 3 ~ ~t~ 5~ e ~. D- if ~'I"'~I. _.~~-:'_' ~ .e. ~, ., . , - .. ~ o \ '-J' .. ~ ~. ,,,t~~"':"'r<;"j\l.(('P.\f,~:>!\II<";ii.~'? ."......,., \.: m .~ I ..~.~ I ..,':.;:J@~C .~...8(l:><... -~! 1\ 1'\ 1\ ! ,<:) ...... I) !- ~"'t- Vl ,....... <t vJ ~ <> \ '-.--- .:. ..:.;.}\'::tf:Nj~;f<:.:i' ;,.':.~~lAAi;':;'h{~>'tIi!i<6"""";"fjj~'r" .,;",,;,. \ (I ,'.' .:i.~~~~'\C .',':".:"',:;:.':> ~..~-_.... -' - [WW .~ E tiI E ..... c: I ~I ....v-' ~ 1- J) \..bJ 3 I I I I T I { . '~",~.,.~,-;:',: ~ a \ \....-, . . :j;".\(' .::.:..~:{( \ \ \ :tI\ . t " ' "'T "'-';'<.~/;>$J!;'!5f!.::.' #z::*.:, ':".'" ,. , Ii .' -1_; I ! I 1 , I I J I I mil \ '-.'<:l\: "': \I: "'~ t :J o IJ) L...;.. ~. it'. '7 Town of Nantucket ZONING BOARD OF APPEALS 8 fir:-- O~A'D I..::C/2'1 ~ OF: I v~D ~SS M4/) E:ssor-, IT .l 1 riS 101 2002 LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF tvA.tvlU, Wtv Or: Cf(~1 PROPERTY OWNER..........~........\(~~..................... ' 1\1"1 MAILING ADDRESS",... ......,.............. ............ ....., ...... ......,....... ...... PROPERTY LOCATION.............. \.~.... ~ .~.:::..... WL\.)........ ASSESSORS MAP/PARCEL....... 5~, ~....... ..5,.....,............ cr.......,.., APPLICANT..... ...... ..2r.hn.... ....~... .................. ......... SEE ATTACHED PAGES I certify that the foregoing is a list of persons who are owners of abutting property, owners of land directly opposite on any public or private street or way; and abutters of the abutters and all other land owners within 300 feet of the property line of owner's property, all as they appear on the most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139. 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NANTUCKET, MASSACHUSEITS 02554 Date: August c;( J ,19 98 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 065-97 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 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. ~{bQQ)f~~ Dale W, Waine 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 APPEAL~ Received and Entered ..-<) 0<. O'Clock and O? S- ~ jJ M Received and Erltered & with Nantuck'Jt COllnty Deeds CfP. Book~f~Page 7 l' Attest: Sandra M. Chadwick 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 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 originallY held at 1:00 P.M., Friday, November 7, 199 , continued to December 5, 199 with no testimony being taken, continued to January 9, 1998 and then to 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. 065-97, the Board made the following Decision: 1. Applicant (Keane) is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law ~139-18B(4) (parking requirements), ~139-18A(3) (aisle width) and ~139-20C (loading zone requirements). Applicant proposes to convert first-floor residential use to a commercial use, a thirty-six (36) seat restaurant. Eleven (11) off-street parking spaces are required for the existing second-floor residential dwelling unit and the proposed restaurant use and Applicant asks that the Board waive three (3) spaces as eight (8), plus one (1) non-conforming space, will be provijed on site. Applicant further asks that the Board allow a reduction in aisle width from twenty-four (24) feet to twenty (20) feet and for.a waiver of the loading zone requirements. There will also be a one-story addition constructed on the southeasterly portion of the structure as part of the conversion to restaurant use. See also BOA File Nos. 011-98 and 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 expressing concern that the Site Plan did not meet the standards of Zoning By-Law ~139-23. A letter from the Manager of the Wannacomet Water Company was on file stating that, after his review and suggestions agreed to by the Applicant, the project would meet the requirements of ~139-12 and approved the plan as proposed and amended. There was also a letter on file from a professional land surveyor outlining parking specifications and requirements in relation to the proposed project. The lease agreement between the Applicant and the Chicken Box Restaurant Corporation allowing use of four (4) off-site parking spaces and eight (8) letters in support from interested members of the public were on file expressing the need for ~~ a family-style restaurant located in the mid-Island area. Also present at the 'Hearing was the Attorney for the owner of Chin's Restaurant, located on the abutting property to'the east. He stated that his client did not object to the proposed project but asked the Board to require adequate parking for the restaurant use. 3. Applicant represents, through counsel, that the Premises has a lot area of 5,480~ square feet with one (1) existing structure containing two (2) residential units therein. Applicant proposes to convert first-floor space from an apartment to a 36-seat restaurant, while maintaining the second-floor apartment use. The proposed restaurant and apartment use would require twelve (12) parking spaces: eight (8) for patrons, two (2) for employees, with up to seven (7) employees at peak shift, and one (1) for the apartment. Applicant proposes to provide 1,236~ square feet of green space (22.75+%) as shown on the Revised Site Plan, dated April 6, 1989, done by Nantucket Surveyors, Inc. and date stamped at the Board of Appeals January 1, 1998. Attached to said Plan is a "Parking Plan" for the Chicken Box Restaurant Corporation showing four (4) off-site parking spaces. Applicant states he has entered into a 20-year lease agreement to meet his parking requirements for the proposed restaurant use. The Site Plan shows eight (8) on-site parking spaces with an aisle width of 20.31+ feet where 24 feet is required. In conjunction with the conversion from residential use to restaurant use, Applicant proposes to construct a one-story addition onto the southwesterly rear potion of the structure. The Locus will continue to comply with current dimensional zoning requirements. Applicant asks for loading zone relief representing that due to the location of the structure and provision of the parking spaces, there is insufficient space to site the space wholly on the lot. 4. Initially, Applicant sought a waiver of four (4) off-street parking spaces and proposed to provide eight (8) spaces on site. The Board expressed concern about the traffic congestion already existing in the area and the impact increasing the intensity of use in the structure would have on the situation, especiallY in the busy summer months. Applicant was asked to revise his Site Plan to include the required green space and provide a plan for off-site parking spaces to help meet the parking requirements. The Applicant submitted a Special Permit Application (BOA File No. 011-98) to allow four (4) off-street parking spaces to be located off-site on the property owned by the Chicken Box Restaurant Corporation located at 12 - 16 Dave Street, which relief was granted in separate action by this Board with a Special Permit also being granted to the Chicken Box Restaurant Corporation in a Decision in BOA File No. 012-98, to amend an existing permit to allow for the use of said four (4) spaces. Applicant offers to reduce the required parking by one (1) space by limiting the restaurant seating to thirty-two (32) rather than thirty-six (36) seats to mitigate the parking impact on the neighborhood, Applicant further offers to limit the use of the four (4) off-site parking spaces to employees and the occupant(s) of the second floor residential unit on the Premises in order to leave the on-site spaces available for restaurant patrons, In addition, the Board expressed concern about waiving the off-street loading zone requirements, Applicant proposes that he be allowed 'to use the off-street loading facility abutting the Locus to the west and situated at 130 Pleasant Street, Assessor's Map 55, Parcel 164. Said space would be able to service',both food service establishments at the same time without blocking the access to Chin's Way. Applicant presented a letter from Engineer/Surveyor Leo Asadoorian who stated that a parking ai~le width of 20.3~ feet, rather than the required minimum aisle width of twenty-four (24) feet, was adequate and safe for the proposed restaurant use. Applicant further offers to provide a bicycle rack at the front of the building, encourage patrons to use bicycles and the NRTA shuttle bus service and limit the hours of restaurant operation during the summer season. Stormwater runoff will be handled as per the agreement made with the Wannacomet Water Company and detailed in the letter dated November 25, 1997 and on file at the Board of Appeals, 5. Therefore, the Board finds that the proposed conversion of the first-floor residential use on the Premises to a 32-seat restaurant use is permissible in this zoning district and appropriate in this area that is already heavily commercially developed and a grant of Special Permit relief would be in harmony with the general purpose and intent of the Zoning By-Law. With the reduction from thirty-six (36) seats to thirty-two (32) seats, the provision of seven (7) on-site parking spaces and four (4) off-site parking spaces, as allowed in the Decisions made in BOA File Nos. 011-98 and 012-98, relief from the parking requirements to waive three (3) spaces is no longer necessary. However, Applicant would still need relief under Zoning By-Law 9139-18A(3) to reduce the aisle width from 24 to 20+ feet, a grant of which the Board finds would be in harmony with the general purpose and intent of the By-Law and would not have an adverse impact or be contrary to sound traffic and safety considerations, with the Applicant providing sufficient parking spaces and maneuvering space to the new restaurant. A grant of Special Permit relief waiving the loading zone requirement would also be in harmony with the general purpose and intent of the By-Law. Applicant's agreement with an abutting property owner to use his loading zone space for deliveries would not create a situation that would be contrary to sound traffic and safety considerations and would keep delivery trucks from blocking Chin's Way, 6. Accordingly, by a unanimous vote, the Board GRANTS the requested SPECIAL PERMITS under Nantucket Zoning By-Laws 9139-18A(3), reducing thea aisle width from 24 feet to 20+ feet, and 9139-20C, waiving the loading zone requirements, to allow the use of the existing structure as a 32-seat restaurant on the first floor, with one (1) dwelling unit on the second floor, upon the following conditions: a, The restaurant may be open to the public no earlier than 6:00 A,M, and no later than 9:00 P,M. during the period between Labor Day and Memorial Day of any given year; and from Memorial Day to Labor Day ir any given year, no earlier than 6:00 A,M, with the last food orders taken from patrons to occur no later than 7:00 P.M,; b, Applicant shall provide a bike rack and encourage the use of the NRTA shuttle service during the summer months; c. A minimum of seven (7) on-site parking spaces shall be provided, with four (4) being provided off-site as described above and in the Decisions in BOA File Nos. 011-98 and 012-98; and should the 20-year lease ~gree~ent with the Chicken Box Restaurant Corporation be terminated or the off-site parking spaces no longer be available to the Applicant or his successor(s), in connection with the restaurant use at'One Chin's Way, this Special Permit shall terminate and lapse without further relief from this Board; d. In the event that the Applicant, or his successor(s), no longer has the right to use the loading zone located at 130 Pleasant Street, Assessor's Map 55, Parcel 164, in connection with the restaurant use at One Chin's Way, this Special Permit shall terminate and lapse without further relief from this Board; e. Applicant shall provide a minimum of 20% green space; and f. Applicant shall be allowed up to thirty-two (32) restaurant seats; 7. The Board, by a unanimous Plan submitted by the Applicant Dated: August~/, 1998. TOWN OF NANTUCKET (G(Q)trJY \J "\"b 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.: 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 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. '- W~!e~ b~)e)QL~ , Chairman ...) cc: Town Clerk Planning Board Building Commissioner \ PLEASE NOTE: MOST SPECIAL PERMITS AND V~RIANCES 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. SEP 11 1998 Received and Entered bZ O'Clock and c:< S- -wjttr- / M Received and Entered with Nantucket County Deeds BooI6"~ Page f?' 7" AttA-cd' ~Annr<ll f.A f'hanUJ1,.,1, 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 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 (II) 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, 011-98, 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 Bo~rd 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 re~idential 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 ~139-18B(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 Chicken 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 /7,1998 " C(Q)\r\( . ~~y BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSEITS 02554 Date: August '7 , 1998 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 filin~ un 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 9139-301 (SPECIAL PERMITS); ~139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. Received and Enter~{" 1 1 ~ ~ O'Clock and c2 S- -wtth- ~ t> MReceived and Entered with Nantucket County Deeds Bookb-f'~Pa~ 7 {p Attest Sandra M. ChadwICk TOWN OF NANfUCKET 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 ChiB'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 restaura t is in operation. '--. Li da F. Williams ~ CeWct Sr1E~ Nancy sevre~ 4 cerb'fl uTe (J- D. ell rent Dated: August 11 ' 1998 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETIS 02554 Date: July 1& , 1999 To: Parties in Interest and, Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 057-99 Owner/Applicant: JOHN A. 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 TWENTY (20) days aIter 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. Michae ,.1. ~ " t- 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, MASSACHUSETIS 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, July 9, 1999; in the Conference Room, at the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of JOHN A. KEANE, of One Chin's Way, Nantucket, MA 02554, Board of Appeals File No. 057-99, the Board made the following Decision: 1. Applicant is seeking a MODIFICATION of a Decision issued in Board of Appeals File No. 065-97 which allowed the conversion of a dwelling to use as a restaurant. Applicant seeks modification of subsection (a) in paragraph 6, which restricted the hours open to the public from 6:00 A.M. to 7:00 P.M. during the period between Memorial Day and Labor Day. Applicant wishes to have the option of being able to open until 9:00 P.M., as he is allowed to do during the rest of the year. See also BOA FIle Nos. 011-98 and 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 materials submitted with it and the testimony and evidence presen.ed at the hearing. There were no letters on file in support .or opl>osi tion. The Planning Board made a negative recommendation pending submission of proof showing the availability of off-site parking as required in the Decisions in BOA File Nos. 011-98 and 012-98. Applicant represented that there was a twenty-year lease with the owner of the Chicken Box and that restaurant employees were required to park in those spaces thus ensuring that the spaces located on the site remain solely available for use by the patrons of the establishment, 3. Applicant submitted photographic evidence to the Board at the hearing which indicated that the parking situation in the immediate area was not as intense prior to 9:00 P.M. in the summer months as the Board had previously thought, The concerns expressed at the original hearings in 1997 and 1998 centered on the issue of the traffic and parking impact engendered by the new 32-seat restaurant which was to be situated in an area that was already heavily commercially developed. Applicant represented that the parking required for his patrons had little impact upon the area prior to 9:00 P.M. The pub immediately proximate the Locus to the north and the Chicken Box Bar, sited to the west of the Locus and on whose property the four (4) required off-site parking spaces were located, did not become busy until after 9:00 P,M. on weekends and later during the week. The photographs were taken on a daily basis over a ten (10) day period, which included the July 4th holiday weekend, primarily at night and showed that there would be no adverse effect on the overall parking situation should the restaurant be allowed to open until 9:00 P.M. in the summer months as it is allowed to do during the months of September - May. Applicant further represented that he had sufficient parking on site with the employees parking off-site to accommodate all of his patrons without impacting other areas. Applicant added that it was difficult to conduct business and an inconvenience to his regular patrons having to close at 7:00 P.M. in the summer after being open until 9:00 P.M. the rest of the year. 4. Therefore, based upon the foregoing, the Board finds that granting the Modification to allow the restaurant to operate until 9:00 P.M. on a year-round basis, would be in harmony with the general purpose and intent of the Zoning Bylaw and not contrary to sound traffic and safety considerations as the Applicant has provided sufficient proof to support his claim that there would be no adverse traffic or parking impact on the neighborhood related to the restaurant use of the structure on the Lot during the hours of operation which would be no earlier than 6:00 A.M. and no later than 9:00 P.M. on any given day. 5. Accordingly, by a unanimous vote, the Board GRANTS the requested MODIFICATION of the Decision issued in Board of Appeals File No. 065-97, subsection (a) in paragraph 6, to allow the 32-seat restaurant to be open to the public no earlier than 6:00 A.M. and no later than 9:00 on any given day on a year-round basis. The remaining conditions contained in Decisions issued in Board of Appeals File Nos. 065-97, 011-98 and 012-98 shall remain in full effect. Dated, July /~ · 1999 "- MiChaJ ~:Y ~~%f~ Edw~~an]ord [0-- P.M. ()JJA(L Edward Murphy