HomeMy WebLinkAbout007-03
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
JCJ.t\iJUi. J+ , 2003
To: Parties in Interest and, Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Applica tion No.: DO )-03
bwner/Applicant: I' heyb ()("'hF Nib C l 'r::t T~
R.m,~s;:j,()(J)Oer ol1d ff\J ~I'.s;:h Cffr/
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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.
> ~(lP~~'q.,u?'~
/\-X1.m0~. ' uc-er>'s) Cbairman
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)
I
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
NANTUCKET ZONING BOARD OF APPEALS
1 East Chestnut Street
Nantucket, Massachusetts 02554
Assessor's Map 42.2.4, Parcell
Straight Wharf
Residential-Commercial
Land Court plan 10222-E
Lot 11
Certificate of Title No. 12975
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, held on Friday, January 10, 2003, at 1:00 P.M., in the
Conference Room, in the Town Annex Building, 37 Washington
Street, Nantucket, Massachusetts, the Board made the following
decision on the application of SHERBURNE ASSOCIATES REALTY TRUST,
as Owner, and MIDISH CORP., as Lessee, c/o Reade, Gullicksen,
Hanley & Gifford, LLP, Post Office Box 2669, Nantucket,
Massachusetts 02584, File No. 007-03:
2. The applicants, Midish Corp. as lessee and Sherburne
Associates Realty Trust as owner, are seeking relief by SPECIAL
PERMIT under Nantucket Zoning By-law ~139-33.A (alteration or
extension of a pre-existing nonconforming structure or use). The
applicants propose to change the use of a nonconforming building
on Straight Wharf, from use as two retail stores to use in the
alternative as one retail store and one take-out food
establishment, with ancillary storage, both operated by the same
lessee. To the extent necessary, relief by SPECIAL PERMIT is
also sought under ~139-18.A(2) for relief from on-site parking
requirements, and under ~139-20.C for relief from the on-site
loading zone requirement. No on-site parking or loading zone
exists at present, and none can be provided. Parking requirement
for the present uses are calculated at 14 and 14 are required for
the proposed uses. The subject property (the "Locus") is
nonconforming as to side yard setbacks, parking, and loading
zone. No change in footprint or massing is proposed under this
application. The structure is actually attached on the second
floor level to the structure that now contains the restaurant
business known as liThe Tavern", and the applicant, Midish Corp.,
is the lessee and operator of that business. The subject
building is situated on Straight Wharf, to the The Premises is
located on STRAIGHT WHARF, in the building currently located to
the northeast of the Tavern Restaurant, to the north of the
bandstand and to the east of the structure currently used by
Provisions, Assessor's Map 42.2.4, Parcell, Land Court plan
10222-E, Lot 11. The property is zoned Residential-Commercial.
3. Our decision is based upon the application and
accompanying materials, and representations and testimony
received at our public hearing. There was no Planning Board
recommendation, on the basis that no matter of planning concern
was presented. Except for the applicants I presentation, there
1
was neither support nor opposition presented at the public
hearing.
4. As presented by the applicants and their counsel, the
applicant, Midish Corp., is and has been for some time the lessee
and operator of liThe Tavern 11 restaurant on Straight Wharf.
Midish Corp. now proposes to lease the first floor of the
adjacent building, connected on the second floor to the building
housing The Tavern and separated from that building by a
pedestrian walkway at ground level, for uses consisting of a
take-out food establishment, a retail store, and ancillary
storage. At present, the uses on the first floor of the building
consist of two separate retail units, which have been used over
the years by one or two tenants. The second floor of the
building, including the connector to The Tavern, is used for
residential purposes and will remain unchanged. The subject
structure is nonconforming as to side yard setback, being
situated less than one foot from the southwesterly side yard lot
line, and the configuration of the building will remain
unchanged. No parking spaces, and no loading area, are provided
for the uses now existing or proposed, and there is no location
upon the Locus where these could be provided. Parking
requirements for the present commercial uses in the subject
building consist of 13 spaces (11 for about 2200 square feet of
retail use, and two for employees of the two retail
establishments, each of which could have up to four employees.
Parking requirements for the proposed commercial uses in the
building also consist of 13 spaces (five for the take-out food
establishment, seven for about 1,380 square feet of retail use,
and one for a total of up to four employees for the combined
business, as the applicants represent that employees will work
simultaneously in the take-out food business and the retail
store, moving back and forth between the two as needed). A
reduced copy of a plan showing the physical location of the
subject building, which (including The Tavern) is shown thereon
as Building #54, being a plan by Harry R. Feldman, Inc., dated
December 13, 1999, is attached hereto as Exhibit A.
5. One issue was raised, as to whether the Board of Appeals
should also grant a Special Permit under ~139-9.B(2) (0) for the
use as a take-out food establishment, notwithstanding the fact
that neither the application nor the public notice expressly
referred to the need for such a Special Permit. However, in the
light of the fact that the public notice did expressly refer to
the proposed new take-out food use in the context of the request
for parking relief, and that the applicants represented that they
had written letters to all neighbors on the abutters' list
describing the proposed uses, the Board of Appeals determined
that adequate notice had been given for the Board to be able to
grant such relief.
6. Based upon the foregoing presentation, the Board of
Appeals made the following findings:
2
(a) Under ~139-30.A(1), that the proposed uses would
be ln harmony with the general purpose and intent of the By-law;
(b) Under ~139-33.A(4), that the alteration of the
commercial use in the dimensionally nonconforming structure would
not be substantially more detrimental to the neighborhood than
the present nonconformity of the structure, and noted that the
Premises is located in a downtown commercial area and the uses
would be consistent with those in the immediate area;
(c) Under ~139-18.B(2), that the granting of Special
Permit relief waiving parking requirements would be in harmony
wi th the general purpose and intent of the By-law, and that
compliance with the parking requirements of ~139-18 would be
p)1ysically impossible for the applicants to provide, and the
structure is located in an area with restricted vehicular access;
and
(d) Under ~139-20.C, that the granting of Special
Permit relief from off-street loading requirements would be in
harmony with the general purpose and intent of the By-law, and
that the provision of off-street loading facilities as required
under the By-law would be physically impossible for the
applicants to provide.
7. On the basis of the foregoing findings, the Board of
Appeals voted UNANIMOUSLY to GRANT relief by SPECIAL PERMIT
subject to the conditions set forth in Paragraph 8 of this
Decision, as follows:
(a) Under ~139-9.B (2) (0) for
establishment with one take-out station;
a
take-out
food
(b) Under ~139-33.A(4), for the alteration of the
commercial use in a dimensionally nonconforming structure;
(c) Under ~139-18.B(2), waiving all parking
requirements for the proposed uses in the structure; and
(d) Under ~139-20.C, waiving the provision of off-
street facilities for the proposed uses in the structures.
8. The relief hereby granted is upon the condition that the
closing time for the take-out food establishment shall be not
later than that for The Tavern restaurant.
9. Nothing herein shall be deemed to prevent the use of the
first floor of the subject structure from reverting to two retail
stores as previously used without further relief from this Board,
in lieu of the uses allowed by the Special Permit relief granted
hereunder.
3
(007-03)
Dated: January J't, 2003
F,\WpU-Z\WINTHROp\Straight Wharf\Midish ZBA DEe doc
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Edward C. Murphy
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OLD NORTH WHARF TRUST
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JOSePH s. I.IONTGOMCRY
SIT DOCUMeNT' 116695
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PEDESTRWI ACCESS EASEMENT
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NANTUCKU fSLIoNO
PRODUCTS
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LOT 11
L.C.C. 10222 E
AREA = 77,669 S.F.
LST 1.783 ACRES
tt ASSESSORS REFERENCE
Pi>>fTER 42.2.4-1
S 74'05'1 · W
STRAIGHT WHARF j
(VARIABLE WIDTH, PUBLIC)
BRICK SIDEWALK
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LOT 1
L.C.C. 13642 C
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WINTHROP NANTUCKU NOMINa: TRUST
PLOT PLAN
BUILDING #54
STRAIGHT WHARF
SHOWING A PORTION OF LOT 11
NANTUCKET, MASS
SCALE: 1-=20' DECEMBER 13, 1999
HARRY R. FEWMAN, INC. LAND SURVEYORS
112 SHAWMUT AVENUE BOSTON, MASS 02118
PHONE: (617)357-9740
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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, JANUARY 10, 2003, IN THE CONFERENCE
RqOl\'l, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket,
Mas~achusetts, on the Application of the following:
f !!( ::
SHERBURNE ASSOCIATES, PROPERTY OWNER, AND FOR MIDISHCORP.
LESSEE
BOARD OF APPEALS FILE NO. 007-03
Applicant (Midish Corp) is seeking relief by SPECIAL PERMIT under Nantucket
Zoning By-law Section 139-33A (alteration/extension of a pre-existing nonconforming
structure/use). Applicant proposes to change the use of a nonconforming building on
Straight Wharf, from use as two retail stores, to use in the alternative as one retail store
and one take-out food establishment, with ancillary storage, both operated by the same
lessee. To the extent necessary, relief by SPECIAL PERMIT is also sought under Section
139-18 (parking) and under Section 139-20 (loading zone). No on-site parking or loading
zone exists at present, and none can be provided. Parking requirements for the present
uses are calculated at 14 and 14 are required for the proposed uses. The Locus is
nonconforming as to side yard setbacks, parking, and loading zone. No change to the
footprint or massing is contemplated under this Application. The structure is actually
attached on the second floor level to the structure that presently contains the business
known as "The Tavern" and the Applicant (Midish Corp.) is the lessee and operator of
that business. The Premises is located on STRAIGHT WHARF, in the building currently
located to the northeast of the Tavern Restaurapt, to the north of the bandstand and to the
east of the structure currently used by Provisions. - d
The Premises is located at Straight Wharf, Assessor's Map 42.2'$Parcell,~and ::0
Court Plan 10222-E, Lot 11. The property is zoned Residential-CommerceF; ~ rT
z= C"'J
THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
,r-
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETIS 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, JANUARY 10, 2003, IN THE CONFERENCE
, ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket,
M'assachusetts, on the Application of the following:
!( .:
SHERBURNE ASSOCIATES, PROPERTY OWNER;AND FOR MIDISHCORP,
LESSEE
BOARD OF APPEALS FILE NO. 007-03
Applicant (Midish Corp) is seeking relief by SPECIAL PERMIT under Nantucket
Zoning By-law Section 139-33A (alteration/extension of a pre-existing nonconforming
structure/use). Applicant proposes to change the use of a nonconforming building on
Straight Wharf, from use as two retail stores, to use in the alternative as one retail store
and one take-out food establishment, with ancillary storage, both operated by the same
lessee. To the extend necessary, relief by SPECIAL PERMIT is also sought under
Section 139-18 (parking) and under Section 139-20 (loading zone), No on-site parking or
loading zone exists at present, and none can be provided. Parking requirements for the
present uses are calculated at 13 and 13 are required for the proposed uses. The Locus is
nonconforming as to side yard setbacks, parking, and loading zone. No change to the
footprint or massing is contemplated under this Application. The Premises is located on
STRAIGHT WHARF, in the building currently located to the northeast of the Tavern
Restaurant, to the north of the bandstand and to the east of the structure currently used by
Provisions.
The Premises is located at Straight Wharf, Assessor's Map 42.2.4, Parcell, Land
Court Plan 10222-E, Lot 11. 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.
..r-
BOA Form 1-89
NANTUCKET ZONING BOARD OF APPEALS
37 WASHINGTON STREET
NANTUCKET, MASSACHUSETTS 02554
December 4, 2002
Date
CASE
No. CO I. 03
APPLICATION FOR RELIEF
Owner's name(s): Sherburne Associates Realty Trust (Owner)
Mailing address: clo Reade, Gullicksen, Hanley & Gifford, LLP
Applicant's name: Midish Corp. (Lessee)
Mailing address: P. O. Box 2669, Nantucket, Massachusetts 02584
Location of lot: Assessor's map and parcel number ~2.4-l
Street address: Straight Wharf
Land Court Plan 10222-E Lot 11
Date lot acquired: 1987 Cert. of Title No. 12975 Zoning district RC
Uses on lot - commercial: None or Various MCD? No
- number of: dwellings __ duplex __ apartments__ rental rooms
Building date(s): all pre-8/72? ~ or C of O?
Building Permit appl'n Nos.
Case Nos. all BoA applications, lawsuits:
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
x if to alter or extend a nonconforming use) If ,1ppE~al per l39-31A
& B attach decision or order' appealed. OK to attach addendum'
The applicants wish to change the use of a pre-existing. nonconforming building on
Straight Wharf from use as two retail stores, to use in the alternative as one
retail store and one take-out food establishment having one take-out station, with
ancillary storage, both operated by the same lessee. The structure is
nonconforming as to side yard setback, with setback of less than one foot from the
southwesterly lot line. wi th required setback of five feet. No on- si te parking
and no on-site loading space exist at present. and none can be provided. No
changes in the footprint or massing of the structure are proposed, Special permit
relief is sought under Nantucket Zoning By-law ~139-33.A for the change of use of
the pre-existing, nonconforming structure. to the extent required; under ~13 9-
18,A(2), for the waiver of parking requirements; and under ~139-20,C, for the
waiver of loading space. Parking requirements for the present uses are calculated
at lt (11 1~~~out 2200 square feet of retail use. and 2 for employees of the two
retail storesTP. . The proposed use would also require 1q spaces (5 for the take-out
food establishment, 7 for about 1,380 square feet of r~Siril space, .~~~,fDr up to
four emp1oy<tCs of the combined business,.:t-l t"tfl: z..rcl r CJc:r", e.c...>"'-'7 7 ~
G-\\o('t~& ~"'"1"lk..J. '\ A cJ<<f) C1Y\ tho c.e~ ~(Crlr ~(A.D Q .
Items enclosed as part of this Application: order' addendum'
Locus map )( Site plan x 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' covenan~__
, (I f an appeal, ask Town Clerk to send Bldg Comr' s ret'bJ;d to B~.)
O~.-
I certify that the requested information submitted ~S~bstan~allY
complete and true to the best of my knowledge, under -toe pain~and
-
penalties of perjury. ~
SIGNATURE: ~ /. k l
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'(If not owner or owner's attorney,
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enclose proof of authori~
Applicant
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FOR BoA OFFICE USE . ^ '\
Applieacion eopie, cee'd, 4 or for B~~ on !4J;l)/~Y ~
One copy filed with Town Clerk on ~17 I~y comPletel~ ~~
One copy each to Planning Bd and Buildil1~ D,: t . / ~ by
$200 fee check given ~9wn...2'reasurer on Lc....r. by ,....aived?
Hearing notice posted t..J..J-.rJ~iled LuG & ['1 . C:b .il 2--~
Hearingis) on __1__1__ cont'd to __1__1 __1__1__ withdrawn? __1__/__
Decision due by __1__1__ made __1__1__ filed TC I I mailed _/__
See related cases lawsuits other
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Town of Nantucket
ZONING BOARD OF APPEALS
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF
PROPERTY, OWNER.. .5hCv..b~//J.~... ~~OG1:wf(s.. :1?tt~)~ 1vst-
MAILING ADDRESS.............................. .,......... ....... .......................
PROPERTY LOCATION..,.. .5iY ai0 U.... .V!\:\(~rf....................,
A.SSESSORS MAPIPARCEL...... ...~.;;?, ...).,Y:.. ..~..I...........................,.
APPLICANT. .ReMC,. ~L; (\. t4:x.n,. . Hat:vial. ..~.. 0. f-&~ r .I.-U"
RECEIVED
BOARD OF P..sSESSORS
SEE ATTACHED PAGES
DEe 0 9 2002
I certi fy that the foregoing is a list of persons who are owners of abutting pro~~6tfu~f
land directly opposite on any public or private street or way; and abutte~NJ'atI@~p MA
other landJ)wners within 300 feet of the property line of owner's property, all as they appear on
the most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139.
Section 139-29D (2) ,
H)ifp0!rU1HHH ..
DATE'
ASSESSOR'S OFFICE
Town of Nantucket
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
JCJ.t\iJU( ) 'I , 2003
To: Parties in Interest and, Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.: DO)-03
Owner/Applicant: ~ h-e".r'b r j("'VlF Nib 0 l'r::t Tp..s;;.
~n. ~rus;:jl OUine, r9 J1cR ff\ I ~ I'.s: h Cffr.'
~ e~<?e.-
Enclosed is the Decision of the BOARD OF APPEALS which has
this day been filed in the office of the Nantucket Town
Clerk.
An Appeal from this Decision may be taken pursuant to
Section 17 of Chapter 40A, Massachusetts General Laws.
Any' action appealing the Decision must be brought by
filing an complaint in court within TWENTY (20) days after
this day's date. Notice of the action with a copy of the
complaint and certified copy of the Decision must be given
to the Town Clerk so as to be received within such TWENTY
(20) days.
> ~U~lb'7 ~,Qz , u-?'~.
/\-X1.m0~, ' ()(-et0S) Cbairman
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)
I
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
NANTUCKET ZONING BOARD OF APPEALS
1 East Chestnut Street
Nantucket, Massachusetts 02554
Assessor's Map 42.2.4, Parcell
Straight Wharf
Residential-Commercial
Land Court Plan 10222-E
Lot 11
Certificate of Title No. 12975
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, held on Friday, January 10, 2003, at 1:00 P.M., in the
Conference Room, in the Town Annex Building, 37 Washington
Street, Nantucket, Massachusetts, the Board made the following
decision on the application of SHERBURNE ASSOCIATES REALTY TRUST,
as Owner, and MIDISH CORP., as Lessee, c/o Reade, Gullicksen,
Hanley & Gifford, LLP, Post Office Box 2669, Nantucket,
Massachusetts 02584, File No. 007-03:
2. The applicants, Midish Corp. as lessee and Sherburne
Associates Realty Trust as owner, are seeking relief by SPECIAL
PERMIT under Nantucket Zoning By-law ~139-33.A (alteration or
extension of a pre-existing nonconforming structure or use). The
applicants propose to change the use of a nonconforming building
on Straight Wharf, from use as two retail stores to use in the
alternative as one retail store and one take-out food
establishment, with ancillary storage, both operated by the same
lessee. To the extent necessary, relief by SPECIAL PERMIT is
also sought under ~139-18.A(2) for relief from on-site parking
requirements, and under ~139-20.C for relief from the on-site
loading zone requirement. No on-site parking or loading zone
exists at present, and none can be provided. Parking requirement
for the present uses are calculated at 14 and 14 are required for
the proposed uses. The subject property (the "Locus") is
nonconforming as to side yard setbacks, parking, and loading
zone. No change in footprint or massing is proposed under this
application. The structure is actually attached on the second
floor level to the structure that now contains the restaurant
business known as "The Tavern", and the applicant, Midish Corp.,
is the lessee and operator of that business. The subject
building is situated on Straight Wharf, to the The Premises is
located on STRAIGHT WHARF, in the building currently located to
the northeast of the Tavern Restaurant, to the north of the
bandstand and to the east of the structure currently used by
Provisions, Assessor's Map 42.2.4, Parcell, Land Court Plan
10222-E, Lot 11. The property is zoned Residential-Commercial.
3. Our decision is based upon the application and
accompanying materials, and representations and testimony
received at our public hearing. There was no Planning Board
recommendation, on the basis that no matter of planning concern
was presented. Except for the appl icants I presentation, there
1
was neither support nor opposition presented at the public
hearing.
4, As presented by the appl icants and their counsel, the
applicant, Midish Corp., is and has been for some time the lessee
and operator of "The Tavern" restaurant on Straight Wharf.
Midish Corp. now proposes to lease the first floor of the
adjacent building, connected on the second floor to the building
housing The Tavern and separated from that building by a
pedestrian walkway at ground level, for uses consisting of a
take-out food establishment, a retail store, and ancillary
storage. At present, the uses on the first floor of the building
consist of two separate retail units, which have been used over
the years by one or two tenants. The second floor of the
building, including the connector to The Tavern, is used for
residential purposes and will remain unchanged. The subj ect
structure is nonconforming as to side yard setback, being
situated less than one foot from the southwesterly side yard lot
line, and the configuration of the building will remain
unchanged. No parking spaces, and no loading area, are provided
for the uses now existing or proposed, and there is no location
upon the Locus where these could be provided. Parking
requirements for the present commercial uses in the subject
building consist of 13 spaces (11 for about 2200 square feet of
retail use, and two for employees of the two retail
establishments, each of which could have up to four employees.
Parking requirements for the proposed commercial uses in the
building also consist of 13 spaces (five for the take-out food
establishment, seven for about 1,380 square feet of retail use,
and one for a total of up to four employees for the combined
business, as the applicants represent that employees will work
simultaneously in the take-out food business and the retail
store, moving back and forth between the two as needed). A
reduced copy of a plan showing the physical location of the
subject building, which (including The Tavern) is shown thereon
as Building #54, being a plan by Harry R. Feldman, Inc., dated
December 13, 1999, is attached hereto as Exhibit A.
5. One issue was raised, as to whether the Board of Appeals
should also grant a Special Permit under ~139-9.B(2) (0) for the
use as a take-out food establishment, notwithstanding the fact
that neither the application nor the public notice expressly
referred to the need for such a Special Permit. However, in the
light of the fact that the public notice did expressly refer to
the proposed new take-out food use in the context of the request
for parking relief, and that the applicants represented that they
had written letters to all neighbors on the abutters' list
describing the proposed uses, the Board of Appeals determined
that adequate notice had been given for the Board to be able to
grant such relief.
6. Based upon the foregoing presentation, the Board of
Appeals made the following findings:
2
(a) Under ~139-30.A(1), that the proposed uses would
be ln harmony with the general purpose and intent of the By-law;
(b) Under ~139-33 .A(4), that the alteration of the
commercial use in the dimensionally nonconforming structure would
not be substantially more detrimental to the neighborhood than
the present nonconformity of the structure, and noted that the
Premises is located in a downtown commercial area and the uses
would be consistent with those in the immediate area;
(c) Under ~139-18.B(2), that the granting of Special
Permit relief waiving parking requirements would be in harmony
with the general purpose and intent of the By-law, and that
compliance with the parking requirements of ~139-18 would be
p)1ysically impossible for the applicants to provide, and the
structure is located in an area with restricted vehicular access;
and
(d) Under ~139-20.C, that the granting of Special
Permi t relief from off - street loading requirements would be in
harmony with the general purpose and intent of the By-law, and
that the provision of off-street loading facilities as required
under the By-law would be physically impossible for the
applicants to provide.
7. On the basis of the
Appeals voted UNANIMOUSLY to
subject to the conditions set
Decision, as follows:
foregoing findings, the Board of
GRANT relief by SPECIAL PERMIT
forth in Paragraph 8 of this
(a) Under ~139-9.B (2) (0) for
establishment with one take-out station;
a
take-out
food
(b) Under ~139-33.A(4), for the alteration of the
commercial use in a dimensionally nonconforming structure;
(c) Under ~139-18.B(2), waiving all parking
requirements for the proposed uses in the structure; and
(d) Under ~139-20.C, waiving the provision of off-
street facilities for the proposed uses in the structures.
8. The relief hereby granted is upon the condition that the
closing time for the take-out food establishment shall be not
later than that for The Tavern restaurant.
9. Nothing herein shall be deemed to prevent the use of the
first floor of the subject structure from reverting to two retail
stores as previously used without further relief from this Board,
in lieu of the uses allowed by the Special Permit relief granted
hereunder.
3
(007-03)
Dated: January J 'r, 2003
F,\WpU,Z\WINTHROP\Straight Wharf\Midish ZBA DEe,doc
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Edward C. Murphy
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PEDESTRWI ACCESS EASEMENT
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NANTUCKU I5U.ND
PRODUCTS
~ COMPANY, INC.
LOT 11
L.C.C. 10222 E
AREA = 77,669 S.F.
LST 1.783 ACRES
~ Q ASSESSORS REFERENCE
~R 42.2.4-1
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STRAIGHT WHARF I
(VARIABLE WIDTH, PUBLIC)
BRICK SIDEWALK
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LOT 1
L.C.C. 13642 C
N/F
WINTHROP NANTUCKU NOMINcc TRUST
tl
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I CERTIFY THAT THIS PLAN IS BASED ON
AN ACTUAL FIELD SURVEY: RECORD PLANS.
DEEDS AND CERTIFICATES OF T/7j .
PLOT PLAN
BUILDING #54
STRAIGHT WHARF
SHOWING A PORTION OF LOT 11
NANTUCKET, MASS
SCALE: 1-=20' DECEMBER 13, 1999
HARRY R. FELDMAN, INC. LAND SURVEYORS
112 SHAWMUT AVENUE BOSTON, MASS 02118
PHONE: (617)357-9740
GIW'HIC SCALE
20 0 10 20 W
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