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HomeMy WebLinkAbout057-02 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: ~ ~Iotr c3 , 200? To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: ( Owner/Applicant: ~lhloQj1 05"7 ~ 2- (lll'(lr(e~ F ,'n ye <D'Jd? m. .5:tjk 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 LCUlIis.... ,-. ..1... '-' -, C/.I Any' action appealing the Decision must be brought ~~~ qa filing an complaint in court within TWENTY (20) day~,after~ this day's date. Notice of the action with a copy ~~~he complaint and certified copy of the Decision must ~~iven;3 to the Town Clerk so as to be received within such TWE~TY 0 (20) days. 0 ~ ::::0 m '.J ~ 1 1 ./ .-......... Tl ::::J (2{~ Cl7' AJCPJ('.Q '! ~_. Cna irman 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. NANTUCKE T ZONING BOARD OF APPEALS 1 East Chestnut Street Nantucket, Massachusetts 02554 Assessor's Map 55.1.4, Parcel 37 103 Washington street Residential-Commercial Plan Book 19, Page 28 Lot E Deed, Book 150, Page 246 DECISION: ,1. At a public hearing of the Nantucket zoning Board of Appeals, on Friday, August 9, 2002, at 1:00 P.M., in the Conference Room, in the Town Annex Building, 37 Washington &tr~et, Nantucket, Massachusetts, the Board made the following Decision on the Application of CHARLES F. SAYLE and KATHLEEN M. SAYLE, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 057-02: 2. The Applicants are seeking a MODIFICATION of the Special Permit issued by the Board of Appeals in File No. 115-93, to reflect the fact that the retail space, associated with the business known as "Sayle's Seafood", upon the subj ect property (the "Locus") is used for take-out food service. The Applicants further request relief by SPECIAL PERMIT under Nantucket Zoning By-law ~139-9.B(2) (i) (food processing, manufacturing and packaging) and (0) (take-out food establishment) to permit these uses; and relief by SPECIAL PERMIT under ~139-20 to waive the loading zone requirement. No retail acti vi ties are conducted upon the Locus other than those related to sales of food to be consumed off-premises. The building upon the Locus currently contains an area open to the public in which food and food products are sold; a commercial kitchen in which both take-out food and food products sold to trade accounts are prepared; an office ancillary to the food operations; ancillary storage; and two dwelling units on the second floor. The total number of parking spaces required under ~139-18 for these uses is ten (five for a take-out food station; two for up to seven employees at peak shift; one for office space of about 160 square feet; zero for ancillary storage under 450 square feet; and two for the two dwelling units). In Board of Appeals File No. 115-93, the Board of Appeals granted relief by Special Permit under ~139-18.B to waive two of the six parking spaces that were then computed to be required, with the food sales area having been calculated as retail space rather than as a take-out food station. Therefore, the Applicants are now seeking a Modification of that Special Permit to waive the additional four parking spaces required under ~139-18. The Locus is situated at 103 WASHINGTON STREET, Assessor's Map 55.1.4. Parcel 37, is shown upon a plan recorded with Nantucket Deeds in Plan Book 19, Page 28, as Lot E, and is zoned Residential-Commercial. 1 3. Our Decision is based upon the Application and accompanying materials, and representations and testimony received at our public hearing. There was no Planning Board recommendation, on the basis that the Application presented no matters of planning concern. Except for the presentation by the Applicants and their legal representative, there was no support nor opposition presented at the public hearing. 4. As presented by the Applicants, through counsel, they have. made this Application in response to a letter from the Board of Selectmen, requesting that Application be made for a common victualler license in connection with the sale of prepared foods b!y the Applicants' business,' known as "Sayle's Seafood", upon the Locus. Applicants then sought a sign-off from the Health Department, which was obtained. In addition, as a result of this Application, the Applicants requested a certification of compliance from the Building Department as required by the Board of Selectmen. The Acting Building Commissioner in turn referred the matter for review by the Zoning Enforcement Officer, who issued a letter on July 19, 2002, directing the Applicants to apply to the Board of Appeals for relief, with specific reference to the need for a Special Permit for the take-out food use. The Applicants immediately filed the Application which is now before the Board of Appeals, requesting relief as set forth in Paragraph 2 of this Decision. No appeal from the action of the zoning Enforcement Officer was filed, and the Applicants conceded that the present Application was required. 5. The Applicants represented to the Board of Appeals that they had conducted the sale of prepared foods from the retail space in the building upon the Locus since the Special Permit relief in Case No. 115-93 became effective in early 1994, under the assumption that this use was a part of the permitted retail use as a seafood market. No complaints or enforcement action had been registered or commenced by any Town official or agency, nor any other person or entity. Only when the Board of Selectmen contacted the Applicants in April, 2002, to request that the Applicants procure a common victualler's license, did the chain of events occur which resulted in the filing of the subj ect Application now before the Board of Appeals. The Applicants have indicated that they plan no changes in their operations, nor any enlargement of the building upon the Locus, from the conditions which now exist. Applicants further represented that they operated the wholesale delivery business, with delivery trucks, primarily from a remote location in a commercial district. 6. As set forth in Paragraph 2 of this Decision, the actual uses upon the Premises consist of a retail seafood market, which also purveys take-out food, such as cooked seafood and similar 2 and related food products; a commercial kitchen which serves the take-out food operation and also prepared food products (such as chowder base) for sale to trade accounts; ancillary office space and ancillary storage; and two second-floor apartments. At maximum shift, the total number of employees working at the Locus does not exceed seven. The retail and take-out food operations are conducted in the same space. 7. Based upon the foregoing, the Board of Appeals made the finding, by a UNANIMOUS vote, that the total number of parking spac.es required for these uses is ten, calculated as set forth in Paragraph 2. Under the circumstances presented in this case, and with .'particular regard to the fact that the Applicants have a.lr~ady been conducting the business which is now before the Board exactly as is now proposed, the Board of Appeals, by UNANIMOUS vote, also made the finding that it would be physically impossible for the Applicants to provide all of the ten parking spaces required under the Zoning By-law and a conforming off- street loading area; that granting a Modification of the existing Special Permit as to parking relief, reducing the number of parking spaces to be actually provided from ten to four, and a Special permi t waiving the provision of an off-street loading area, would be in harmony with the general purpose and intent of the Zoning By-law; and that the issuance of a Special Permit under Nantucket Zoning By-law ~139-9.B(2) (i), for food processing, manufacturing and packaging, and a Special Permit under ~139-9.B(2) (0), for take-out food service, would likewise be in harmony with the general purpose and intent of the Zoning By-law. 8. Accordingly, the Board of Appeals, by UNANIMOUS vote, GRANTS relief by MODIFICATION and SPECIAL PERMIT, as requested by the Applicants as set forth in Paragraph 2 of this Decision, subject to the conditions set forth in the Decision in File No. 115-93, which shall remain in full force and effect except as expressly herein modified, and subject to the following: a. The parking and Locus layout shall be In substantial conformance with the site plan, done by John J. Shugrue, Inc., dated July 30, 2002, a reduced copy of which is attached hereto and marked as Exhibit A. 9. The Board also approves, by a UNANIMOUS vote, the site plan, Exhibit A, under Nantucket Zoning By-law ~139-23 (Site Plan Review) . 3 (057-02) ~/l ~ \/\../ (t Dated: .v-'\3'~en"w~, 2002 Edward Edward C. Murphy 4 ~ y..t", f, ~ (' J" /' ...y J" " + 1J~~ "" :('~ ('/' /Vc/, "J"/^ o~ "" V-'V " " " " " I l- e;: o z ;1- t,)Vl. <;;:,\ /, ~J' /,..- () )7 '("'\ v, ----- --- ,------, I \ po.r-I<ing 9'x20' I \ s;Jc::C' L_ _ _+ .__ _ _ - _..J REFERENCE: BOARD OF APPEALS DESCISION NA~TUCKET REGISTRY OF DEEDS BD~K CJ38 PAGE 105 t--' le I'Jo 0 )//' () L ~ : f?1 "110~ Q~~ '\ 8( JJ-A~ =~>(z~~~ . \ ---- \ T' 'r <"''fe" 'r'''I'f'''~ \ r.o:.. .:...' 1.'\..1...., I f...., ~._.) ( r'- l crr,-rD ^S ~ '''1, ," \ ,'Ii :,r, _ ~ _:-i ! t, r", ::,-:.,.' ,', \ ILI//I' /'/ ///:.' .. I _, J ~/:LL,~~__-Sn -,:",,' J/ ';',:1' '-",(:E w' " \ ",',,' ," __"u,.,) ,~..> J:~: _~~,..f!!].?- \ L I'\'''-S~-""" IVP 5"'" p,nC'I'L '\J ~7 ----,-~.::,:=-~?,.:....:__..::~~-'---'" - . ~, , ,~ zOt n;!G: RC 1'l:l:'m~U;'l LOT SIZE: 5,000 S,F, II,:i':It.',UH FROj,jT ,(I,GE, 40 FT FRui<T Y ARD SETJ3~\CI<: NONE I~U\R & SIDE SEi B~\CK: 5 FT C,;':':jU;'!]) CLiVeR Rl" Tm, 501. p(,0::(ING pu\"j PLOT f)\"';',:: UF LAI~D 11,1 I-iANTLiCl<ET, tviA SC:,\LE: 1':= 15' D~TE: JULY 3Q 2002 fJ!'li~ J, SHUGRUE, IHC, 57 OLD srUTH ROAD j':,',: :';'1.JCi<'U, ,1,(\ 02~jS4 r~'.: C' I,';.:~r:s ~X::,ES ti ::;91GPPI TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1:00 P.M., FRIDAY, AUGUST 9, 2002, IN THE CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application ofthe following: CHARLES F. SAYLE AND KATHLEEN M. SAYLE BOARD OF APPEALS FILE NO. 057~02 Applicants are seeking a MODIFICATION of the Special Permit in the Decision in BOA File No. 115-93 to reflect the fact that the retail space, associated with the business known as "Sayle's Seafood", upon the Locus is used for take-out food service. Applicants further request relief by SPECIAL PERMIT under Section 139-9B(2)(i) (food processing, manufacturing and packaging) and (0) (take-out food establishment) to permit these uses; and relief by SPECIAL PERMIT under Section 139-20 to waive the loading zone requirement. No retail activities are conducted upon the Locus other than those related to sales of food to be consumed off-premises. The building currently contains an area open to the public in which food and food products are sold; a commercial kitchen area in which both take-out food and food products sold to trade accounts are prepared; an office ancillary to the food operations; ancillary storage; and two dwelling units on the second floor. The total number of required parking spaces required for these uses under Section 139-18D is ten (five for a take-out station; two for up to seven employees at peak shift; one for office space of about 160 feet; zero for ancillary storage under 450 square feet; and two for the two dwelling units). In BOA File No. 115-93, the Board of Appeals granted relief by Special Permit under Section 139- 18B to waive two of the six parking spaces that were then computed to be required, with the food sales area ~ving been calculated as retail space rather than as a take-out foot station. Therefore, Applicant is now seeking a Modification to waive the additional four required parking spaces. The Premises is located at 103 WASHINGTON STREET, Assessor's Map 55.1.4, Parcel 37, Plan Book 19, Page 28, Lot E. The property is zoned Residential~ Commercial. (j( THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. BOA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS July 22, 2002 37 WASHINGTON STREET Date NANTUCKET, MASSACHUSETTS 02554 /\c--7 CASE No,~02 APPLICATION FOR RELIEF Owner's name(s): Charles F. Sayle and Kathleen M. Sayle Mailing address: c/o Reade, Gullicksen, Hanley, Gifford, LLP Applicant's name: Same Mailing address: P. O. Box 2669, Nantucket, Massachusetts 02584 Location of lot: Assessor's map and parcel number 55.1,4-37 Street address: 103 Washinqton Street Registry plan, plan Book 19, Paqe 28, Lot E Date lot acquired: 8/14/75 Deed Ref 150-246 Zoning district R-C Uses on lot - commercial: None or Fish market MCD? No _ number of: dwellings ~ duplex ~ apartments J rental rooms Building date(s): all pre-8/72? __ or various C of O? No Building Permit appl'n Nos. 246-75; 648-77; 2906-83 Case Nos. all BoA applications, lawsuits: 115-93 State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose compared to present and what grounds you urge for BoA to make each finding per Section 139-32A __ if Variance, 139-30A ~ if a Special Permit (and 139-33A if to alter or extend a nonconforming use). If appeal per 139-31A & B __, attach decision or order' appealed, OK to attach addendum' SEE ATTACHED ADDENDUM. Items enclosed as part of this Application: order'~ addendum' Locus map ~ Site plan ~ showing present ~ + planned __ structures Floor plans present __ proposed __ elevations __(HDC approved? --) Listing lot area ~ frontage ~ setbacks ~ GCR ~ parking data ~ Assessor-certified addressee list 4 sets ~ mailing labels 2 sets ~ $200 fee payable to Town of Nantucket ~ proof' 'cap' covenant -- '(If an appeal, ask Town Clerk to send Bldg Comr's record to BOA.) I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under the pains and penalties of perj/:1..I'./ ~ SIGNATURE: p~ !, Applicant __ Attorney/agent ~ I '(If not owner or owner's attorney, enclose proof of authority) FOR ~OFFICE USE Applicacion copiea 'ec'd. ,Vor ~ !-cUBaA on ~y~ ' One copy filed with Town Clerk on ~/~e/l-by complete? ~ (tot- One copy each to Planning Ed and Building ~~~ ~ by ~ $200 fee check given Tow:;J.l::::asurer on *~ by waived? - Hearing notice posted -:::z./~~mailed 21UftAr-I & M"").....~CDt-- 'i?1 Jj(JLJ Hearing(s) on __1__1__ cont'd to __1__1__, __1__/__ withdrawn? --/--/-- Decision due by __1__1__ made __1__1__ filed TC 1__1__ mailed --/--/-- See related cases lawsuits other F,\'o'I!-'S\Say1e\Charles\ZBA APP 12002) ,doc @@{J2>~ 2 :::0 ~ m (") N f11 ~ ,.-" _c_ -0 l~n W - :::; -.J ADDENDUM TO APPLICATION OF CHARLES F. SAYLE AND KATHLEEN M. SAYLE As requested by the Zoning Enforcement Officer in his letter of July 19, 2002, the applicants hereby request that the Board of Appeals amend the Special Permit relief from parking requirements granted by the Decision in File No. 115-93 to reflect the fact that the retail space upon the locus is used for take-out food service. The applicants further request a Special Permit under Nantucket Zoning By-law ~139-9.B(2), items (i) [food processing, manufacturing and packaging] and (0) [take-out food establishment] to permit these useSi and a Special Permit under ~139-20.C to waive the requirement for an off-street loading space, No retail activities are conducted upon the locus other than those related to sales of food to be consumed off-premises, The building upon the locus contains an area open to the public in which food and food products are soldi a commercial kitchen area in which both take-out food and food products sold to trade accounts are preparedi an office ancillary to the food operationsi ancillary storagei and two dwelling units on the second floor, The total number of required parking spaces for these uses under ~139-18.D is 10 (5 for a take-out food establishment with one stationi 2 for up to seven employeesi I for office space of about 160 square feeti 0 for storage, which is ancillary and does not exceed 45~ square feeti and 2 for the two dwelling units) . In File No. 115-93, the Board of Appeals granted Special Permit relief under 5139-18.B, to waive two of the six parking spaces that were then computed to be required, with the food sales area having been calculated as retail space rather than as a take-out food station. F: \wpS\Sayle\Charles\ZBA ADD (2002) .doc ~0'Z:B!l.".~.~ ~"";;;1""';'""'f' .~"."~"""':"".,.."':~ I I- ~ o z -~ ot0~ ~o !l.. ~f:J ~ V'/' "9~ " ('+ ~A"\ Y..>- " /' \(' <~ "" ('-1-- /' G'/, " ,~<A 0-1-- , " \/-1-- " " " " '" 't t))o ~- ~J'_ ~ -- - ,-----1 I 9'x20' I po.rking I I spo.ce L_____-' REFERENCE: BOARD OF APPEALS DESCISION NANTUCKET REGISTRY OF DEEDS BOOK 0438 PAGE 105 THE STRUCTURES ARE lOCATED AS SHOVN ZONING: RC MINIMUM lOT SIZE: 5,000 SF. MINIMUM FRONTAGE: 40 FT FRONT YARD SETBACK: NONE REAR 8. SIDE SETBACK: 5 FT GROUND COVER RA TID: 50% PARKING PLAN PLOT PLAN OF lAND IN NANTUCKET, MA SCALE: 1'::: 15' DA TE: JULY 12, 2002 JOHN J, SHUGRUE, INC. 57 OLD SOUTH ROAD NANTUCKE~ MA 02554 FOR: CHARLES SAYLES ASSESSORS MAP 55.1.4 PARCEL NO. 37 #3816PP Town and County of Nantucket Board of Selectmen. County Commissioners Frank T. Spriggs, Chairman Timothy M. Soverino Stephen L. Bender Matthew G. Fee Finn Murphy 16 Broad Street Nantucket, Massachusetts 02554 Telephone (508) 228-7255 Faarin1ile (508) 228-7272 www.town.nantucket.ma.us C. Elizabeth Gibson Town & County Administrator July 16, 2002 Arthur Reade, Jr. Esquire Six Young's Way Nantucket, MA 02554 RE: Sayle's Seafood Common Victualler License Dear Mr. Reade: This office is in receipt of your letter dated July 15, 2002, requesting a further extension of time in order for your client to obtain the necessary sign-offs for his common victualler license. As a result of your client's cooperation in this matter thus far, this office will grant your client's request for an extension till July 31, 2002. Please contact this office if you have any questions. Thank you. Sincerely, fl~OfU:- Licensing Agent pc: Board of Selectmen Building Department Zoning Enforcement Officer ?~ ,l~~.-s.~\ It~'? :0/ \(,.1 -"I' -- ~l"'- :.;. , ' 1 ~ i \1", ~~J.-\'f C'o'<:::::;~."~ ~ ~PoRAlf.<!l;'~ Town of Nantucket Office of Zoning Enforcement 37 Washington St., Nantucket, MA 02554 Marcus Silverstein Zoning Officer Ph. 508-325,7578 Fax: 508-325-7579 July 19, 2002 Charles Sayle, Jr. P.O. Box 1062 Nantucket, MA 02554 Dear Mr. Sayle: Your request for a building permit for kitchen improvements, and for Certificates of Occupancy for Building Permit nos. 246-75, 648-77, 2906-83, 13645-96, and 874-98, for other work, at 103 Washington St. (Map# 55.1.4, Parcel# 37), has been denied for the following reason(s): . The site plan, dated July 12, 2002, submitted as part of your request shows two front yard "coolers" for which no Historic District Commission approval or use permit has been issued. . A rear deck encroachment onto property owned by the Nauticon Realty Trust, 97 Washington St. (Map# 55.1.4, Parcel# 6), which during the hearing for Zoning Board Special Permit no. 115-93 was represented as having been removed, remains; said encroachment must be corrected. . The expansion of "Sayle's Seafood" to include take-out service will require an amendment of your Z.B.A. special permit (#115-93). Please contact Linda Williams, Acting Administrator to the Zoning Board, at 508-228-7215 for information on how to proceed. Your application materials will be held in the Building Department, in the file for 103 Washington St., and will be kept until you can retrieve them, or these issues are resolved. If you have any questions regarding this notice please call, fax or visit. ~Ks:ectfull ~~~ i stein Zoning Enforcement Officer Town of Nantucket Cc: on file Please be advised that an appeal of this denial may be filed with the Zoning Board of Appeals pursuant to ~139-31A(2) of the Town of Nantucket Zoning Code. c c ~ ..-! , . '~ , , N 102.000 . ., . <i0 f~ v00 Q' +~+ ~ I ~f ~~ ~~ TO...~ ~#fO,,~ 0,. Ir.c....,. ~ Jt<3< i.lc I ".......1'10" k <,. ~ ~ " <.> " ~ '" ... '" -i- I J 'U''''V(:O{<<T ... <.> '" ~ <.> ~ '; :} '.: ';"~ -x .,': <.> ~ ~~~.~-->~ ; -; -:~' ... . .~..::~, Iud ('OI1I1f\' of UCI{ET dill S( \ t. t,s ;;; ~'.~-:>: c::J(__) SCHOFIELO BROTHERS, INC. DO ""OH:'SS40"A... CHCHrc(I:"$ . "<~4'S'(.,,(O ""-.0 S\tfIlvt T'OtlS t.. "(.Of;flAt. 5'.. ........TVCfl,(T. ....~~S: .., 101 O"X) Skf{ r tHO( k a ;.~- t-}f v~j~~( ~- ....~,-- ,,: r ~t;y, 1t~1 ~.. '''~:':'~'''. \ i . \, \' ,) Wd-.- , J ~ ~ ~ g Z .z~ V~2 '\~~:';:O ~ T ~~: ~' "\i' iI;.' ~:Q~ ~ .....~ ~~':J ~ ~:if~~~~:~ VJ~.i" )4 )JlE.L?~!.-~~~~ J~. ~'.~7~+:~L% ,;;~~';:;;;zt .. '\'''' 6'... 61... ~. 1'1)." TlllJ~ ~~~~~~ 55.1.4 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: January 14 , 19 94 To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the f ol ].cwi ng: Application No.: 115-93 Owner/Applicant: CHARLES F. SAYLE AND KATHLEEN M. SAYLE 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. UdbCL/ /!)cuu; Chairman Dale W. Waine cc: Town Clerk Planning Board Building Commissioner NANTUCKET BOARD OF APPEALS 10 South Beach street Nantucket, Massachusetts 02554 Map 55.1.4 Parcel 37 Zoning District: R-C 103 Washington Street Extension Deed Reference: Book 150, Page 246 Plan Book 19 Page 28, Lot E Decision: At a public hearing of the Board of Appeals held at 12: 00 P.M. on Friday, December 10, 1993, at the Town and County Building, Broad Street, Nantucket, Massachusetts, on the application of CHARLES F. SAYLE and KATHLEEN M. SAYLE, Post Office Box 1062, Nantucket, Massachusetts 02554, Board of Appeals File No. 115-93, the Board made the following decision: 1. Applicants seek relief by Variance pursuant to Nantucket Zoning By-Law ~139-32 from the requirements of Nantucket zoning By-Law ~139-16A, or in the alternative, by Special Permit under Nantucket Zoning By-Law ~139-33A, to validate the siting of an outside two story stairway and of decks constructed on a said to be preexisting, nor.-.;;onforming structure known as Sayle's Seafoods. The unenc10.3ed stairway and decks were sited wi thin zero feet of the rear yard lot line at their closest point, and within 3.8+ feet of the northwesterly side yard lot line at their closest point. The zoning district requires a 5 foot rear and side yard setback. Applicants also seek relief by Special Permit under Nantucket Zoning By-Law ~139-18B and by Variance pursuant to Nantucket Zoning By-Law ~139-32 from the off street parking requirements of Nantucket Zoning By-Law ~139-18A. six spaces are required, 3 spaces that meet zoning are provided, relief is sought to waive 3 spaces. The subject premises (the "Locus") is located at 103 WASHINGTON STREET EXTENSION, Assessor's Map 55.1.4, Parcel 37, as shown on Plan Book 19, Page 28, Lot E. The property is zoned RESIDENTIAL-COMMERCIAL. 2. This Decision is based upon the application and materials presented with it, and the evidence presented at the hearing. No opposition was expressed by neighbors. The Planning Board staff made unfavorable recommendations as to the variance relief and the special permit relief relating to the rear yard setback intrusions; they made a favorable recommendation on the special permit parking relief, provided that the reduced spaces were made available for public use. Concern was expressed that the structure actually encroached upon land of an abutter; the applicants represented at our hearing that this encroachment had been removed. 3. Parking requirements under the By-law for the existing uses upon the Locus are as follows: -1- Use 2 Apartments First floor retail space - 120 sq. ft. Employees storage Office - 160 sq. ft. Total 4. We find that while the siting of the outside two-story stairway and decks within the required side and rear yard setbacks intensify the nonconforming nature of the structure upon the Locus, the stairway and decks are not substantially more detrimental than the preexisting nonconformity. Accordingly, by a unanimous vote, we GRANT the Special Permit relief requested under ~139-33A to validate the siting of the outside two story stairway and decks within zero feet of the rear yard lot line and within 3.8+ feet of the northwesterly side yard lot line at their closest point, as shown upon the plot plan attached hereto as Exhibit A, upon the condition that no further building shall be allowed upon the Locus without further relief from this Board. 5. We further find that it would be physically impossible for the applicants to provide the six parking spaces required under the By-law for the uses on the Locus, and that granting a Special Permit to waive a certain number of the required spaces would be in harmony with the general purposes and intent of the By-law. Accordingly, by a vote of 4 to 1 (Balas opposed) we GRANT a Special Permit pursuant to the provisions of ~139-18B. (2) (a) and (b) of the By-law, and waive the required number of parking spaces from six spaces to four spaces. Said four parking spaces may be provided anywhere on the Locus, and need not be in conformity with the parking plan presented with the application, but must conform to all dimensional requirements of the By-law, must be available to the public at all times without obstruction, and must be provided . t~' n the lO,t lines and not in the Way shown upon Exhibit A. _- Dated: January~, 1994 I Robert ~~hter 'Mara kah/41/SAYLEl -2- . EiIsriNG: S-.9 6 -1- >I: .s.;:: ~~;c: !:"+~~ N . . . , t . . . . .. . , t ';.. . . . . . . t , . . . . ""~~'<"T>' \S' ~ '. \ " /' /' 1.5' /' ~ /" ~ ./ ( -(0,",,0 ./ \ J.5 1". ""'" ..-~ --....- ~ / / ";\ ./ / y! ..- 9~ " "l,\ -l- (1\<:) . ~ ..- ~ -.... ...- '\ \)l 11\ ,.- \ \l ...- \ ,.- ,.- ~ ~ .....-"- ;-' ,.- ";.:1; /. -f. - 71 ,.- ~ ,.- CI....II.."/if;Z> 8">/ ANTOIV.I!:' ./ J. 1-1.';1..1-.0 Ct- .ll.~ ;-' ...- S'S./.-<J. - .3"" , 1'1./~ ~V.sT~ J. :JJ~1C4.c>,. TR.. ...- .....- ,., I CERTIFY, AS OF : .~-. ~<f.- f7.3. . . , 1HA.T THE BUILOING(S) IS/ARE LOCATED ON THE GROUND AS SHOWN HEREON. eIC.oA.li1-{)) .~~ PROFESSIONAL WID SURVEYOR BUILDING LOCATION PLAN OF lAND IN NANTUCKET, MASS. Ji!e.v.: IO-I.s--~':3 SCAI.E: ,..20' DATE: s-z~.~~ Owner: q,,!~~J.;Af~ ~ ~ -rr:. ~ .Kr*-,Tfif.~~-:-t."":<. -5AY..<....e::, ;::'or $ Deed: . . . . . . . . . . . Plan ../..3.- (G.8. . . . 'THIS PLOT PLAN W.4S PREPARED FOR lHE TOWN OF NANTUCKeT BUILDING DEPARlllENT ONLY AND ,SHOULD NOT BE CONSIDERED A PROPERTY UNE SURVEY. lHlS PlAN SfiOULO NOT SE USED TO ESTABUSH PROPERTY UNES, fENCES, HEDGES, OR ANY ANCILLARY STRUCTURES ON lHE PRDlISES. THE PROPERTY UNES SHOWN RaY ON CURRENT DEEDS AND PlANS OF RECORD. THJS PLOT PLAN IS NOT A CDmFlCATION .4S TO mu: OR OWNERSHIP OF THE: PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIes ARe SHOWN ACCORDING TO CURRENT ASSESSOR RECORDS. .4SSESSOR MAP:-4"~.,1~~, PARCa: .~~ . . '\J08S\t'fIf\'" Locua '-;-~3. ~A..s.~/:"".G.':O/,<: ~T1 ...Ei>p;.. . CHARLES Y. HART & ASSOCIATES, Inc. SWORD BOAT BUILDING , 49 SPARKS AVENUE NANTUCKET, YASS, 02554 (608) 228-8910 H-3~88 NOT TO Sf RECORD TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: January 14 , 19 94 CERTIFICATE OF GRANTING OF ~X~XXN~XXXN>>~~NXSPECIAL PERMIT (Massachusetts General Laws, Chapter 40A, section 11) The BOARD OF APPEALS of the TOWN OF NANTUCKET, hereby certifies that a ~X~!X~~~~~XSPECIAL PERMIT has been GRANTED: To: (Owner/Applicant) CHARLES F. SAYLE, JR. AND KATHLEEN M. SAYLE (115-93) Address: 103 Washinqton Street Extension, P.O. Box 1062, Nantucket, MA 02554 affecting the rights of the Owner/Applicant with respect to land or building at: 103 Washington Street Extension, Assessor's Map 55.1.4, Parcel 37, as shown on Plan Book 19, Page 28, Lot E Deed Reference: 150/246 And the BOARD OF APPEALS further certifies that the attached Decision is a true and correct copy of its Decision GRANTING the ~~>>>>~X~XXSPECIAL PERMIT and that copies of the Decision and of all plans referred to -in the Decision have been filed with the Planning Board and the Town Clerk. The BOARD OF APPEAL~ calls to the attention of the Owner/ Applicant that General-Laws, Chapter 40A, Section 11 (last paragraph) provides that no ~~~~~XSPECIAL PERMIT, or any EXTENSION, MODIFICATION or RENEWAL thereof, shall take effect until. (a) a copy of the Decision is certified by the Town Clerk that TWENTY (20) days have elapsed after the Decision has been filed in the office of the Town Clerk and no appeal has been filed (or, if such appeal has been filed, that it has been dismissed or denied) and (b) the certified copy is recorded in the Registry of Deeds for the County of Nantucket and indexed in the grantor index under the name of the Owner of Record or is recorded and noted on the Owner's Certificate of Title. The fee for such recording or registering shall be paid by t e Owner/Applicant. ~(J) {fhu~~ airman Clerk 07/24/2002 13:57 FAX 5082285630 RE...DE GrLLICKSE l4J 001 BoA Form 2-89 ,~d:J (p ,t; d NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 ASSESSOR'S LIST OF PARTIES rN INTEREST PROPERTY OWNER' ~1..Mlt.~ r 1.:: ~tu~ I-A. 5"-7 ftJ . , APP:LlcA1~T FOR RELIEF (SAME? V'): C-,fD ~) Gvlln,{~1 ~J(I~Uf ADDRESS OF PROPERTY: fD'~ V\)~,~ ~J":j-t ' * ASSESSOR'S MAP - PARCEL: ~~ - ;,~ * LIST OF PARTIES INCLUDING ADDRESSES*(OR SEE ATTACHED ) : RECEIVED BOARD OF 'AS.SESSORS JUL 2 2 Z002 TOWN OF NANTUCKET, MA I certify that the foregoing (~r the attached ) lists all persons, natural or legal, who are owners ~abutting property, owners of land directly opposite on any public or private street or waf, and abutters of the abutters and all other land owners w~thin th~ee hundred feet of the property 1 ine of- O\tmer I s property, as they (and their address) appear on the ~ost recent applicable tax list [per M.G.L. C.40A, Section 11 and zoning code Chapter l39, Section 139-29D(2)J. Jtt ~3. Od- te ' ~ '. a~ ~~ . ~~ A sessor, Town Nant:uc et *NOTE: Applicant (petitioner) should include with the lot . for which zoning relief' is sought, any commonly-owned, abutting lots which might become involved in the zoning . matter. List map and parcels for each abutter. 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