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HomeMy WebLinkAbout058-03 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: ~ 9 , 200?" To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Owner/Applicant: o rY--03 ? /{/~ cj?fZ~f-f1Ut- Si-reet- kC- Application No.: Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the Decision must be brought by filing an complaint in court within TWENTY (20) days after this day's date. Notice of the action with a copy of the complaint and certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20) days. " \){'l<7fvV v.r-en ~ Cha i~~n c' .,; L" --::'" ....:,;:~ -,-, fTl co I \D cc: Town Clerk Planning Board Building Commissioner ~ --" N \D 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); fi139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 Assessors Map 42.3.1 Parcel 5 R-C 66 Union Street Plan Book 48, Page 485/525 Deed Ref 729/68 At a Public Hearing of the Nantucket Zoning Board of Appeals, held at 1 :00 P.M., Friday, August 8, 2003, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of FIVE CHESTNUT STREET, LLC, of 12 EAST 86TH STREET, SUITE 535, NYC, NY 10028, Board of Appeals File No. 058-03, the Board made the following Decision: 1. Applicant is seeking a MODIFICATION of the Decision in BOA File No. 023- 02. The Decision granted relief to convert portions of the interior space to other uses, including modification of previous grants of relief and waived any additional parking and loading zone requirements. A condition was contained in the previous Decision that restricted the closing hour for the caf6/bar to 9:00 PM. Applicant is now seeking a closing hour of 1 :00 AM. No other changes are proposed as part of this Application and all other conditions would continue to be complied with. See also BOA File Nos. 028-97 and 065- 01. The Premises is located at 5 CHESTNUT STREET, Assessor's Map 42.3.1, Parcel 5, Plan Book 48, Pages 485 and 525. 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 no recommendation finding that the matter did not present any issues of planning concern. There were two letters on file from abutters. One of the authors was present at the hearing to represent his property further down Chestnut Street as well as his parents' property, which was a direct abutter to the Locus to the east. He reiterated his concerns expressed in his letter relative to additional late night noise emanating from the establishment, a use he felt better suited to the main downtown thoroughfares; additional noisy foot traffic on the street; and change of the character of the neighborhood. He stated that the street, though being located in the middle of the downtown commercial district, was primarily comprised of lodging establishments and not retail or other late night businesses, as on surrounding streets. He was concerned that the later closing time would create a substantial disruption to his and his parents' guests. He explained the history ofthe commercial uses in the structure and said that the previous owners had been allowed by this Board to have a 4-seat bar area that was ancillary to their long established restaurant use. They did not object then as the access was from Center Street and not Chestnut Street as it presently is located and the restaurant stopped serving at 9:00 PM. The most recent Special Permit allowed the increase in seating to 27 with the negotiated closing time of 9:00 PM. He strongly objected to a new closing time of 1 :00 AM and suggested that if the Board was so inclined to expand the hours that closing be no later than 10:30 PM or 11 :00 PM. The other letter from an abutter expressed opposition to the 1 :00 AM closing time. She felt that a 10:00 PM closing time was more appropriate. 3. The Applicant, through personal testimony and through counsel, represented that the Premises is benefited by three previous grants of relief In the Decision in BOA File No. 028-97, a predecessor-in-title received Special Permit reliefto validate the long time existing restaurant use, alter the configuration of the interior seating area of the restaurant, add a four-seat service bar, and add up to 12 new seats. In addition parking and loading requirements were waived. The seating increased from 36 to a maximum of 48. The existing eight-room guesthouse, one apartment and one staff room remained unchanged. Reliefwas conditioned on the restaurant/bar area closing no later than 11 :30 PM. The second Decision in BOA File No. 065-01, granted a Modification of the previous Special Permit relief as well as additional Special Permit relief, to allow the current Applicant, then the Contract Purchaser of the property, to further alter the interior uses. The Decision allowed the conversion of about 966 square feet of restaurant space (resulting in the elimination of the restaurant use in its entirely) to use as a separate retail establishment that fronted on Center Street. Said relief included a waiver of the additional parking spaces required. The other uses would again remain unchanged. Reliefwas conditioned upon the commercial kitchen use being used ancillary to the guesthouse uses; existing storage area being used ancillary to the retail use on the first floor; and that there would be only one retail establishment of up to about 966 square feet on the Premises. The most recent Decision in BOA File No. 023-02 granted a Modification of the previous relief as well as additional Special Permit relief to convert the first floor space into an about 640 square-foot retail space, a 27-seat cafe/bar and a common reception area for the existing guesthouse. Reliefwas conditioned upon there being no live/pre-recorded entertainment or music without further relief from this Board; that there would be no physical bar area contained in the cafe without further relief; and that the cafe/bar would close no later than 9:00 PM on any given night. Applicant represented that she was now before the Board seeking a Modification specifically to the Decision in BOA File No. 023-02, to expand the hours of operation of the cafe/bar, without changing any of the uses or other conditions contained in the previous Decisions. Applicant stated that the existing 25 seats (finding 25 worked better than the approved 27 at that moment) were contained in a small area of about 15' x 16' with access to the cafe/bar now from Chestnut Street. There was table service only, in keeping with the condition that there be no "bar" area. Applicant represented that the Premises was in compliance with all of the other conditions as well. Applicant stated that her establishment could be characterized as an "upscale caviar bar", offering specialty wines, one beer and light fare for patrons. She was unaware of any complaints about noise to date and proposed opening until 1: 00 PM in order to capture the after dinner crowd and offer special functions. She was particularly mindful of noise given that she continued to operate the 8-room guesthouse above the cafe. Applicant further stated that she had installed air conditioning units and sealed the windows in the cafe/bar area to eliminate noise. Counsel stated that the use was compatible with the commercial nature of the downtown area and added that there were several bars and restaurants in the same block proximate the Premises that were all allowed to stay open until 1 :00 AM. Applicant stated that her establishment was not necessarily responsible for the noise in the area, pointing out that people park on that street to go to the other establishments around the downtown area. 4. Based upon the foregoing, the Board finds that the immediate area is largely comprised of guesthouses and that the street was a fairly quiet side street even though situated within the larger surrounding commercial downtown area. There were presently no businesses on the street that stayed open late at night. Members also expressed concern over the intensification of the uses in the structure to date. Based upon the conditions agreed to, the Board finds that the Modification of the condition, requiring that the cafe/bar area be closed by 9:00 PM, in order to allow a closing time of no later than 10:30 PM would be in harmony with the general purpose and intent of the Zoning By-law and more consistent with the larger commercial area. However, the Board also finds that to ascertain as to whether the later closing hour would or would not be substantially more detrimental to the immediate neighborhood the Board requires the Special Permit to expire one-year from the date of filing of the Decision with the Town Clerk. At which time, or prior to the expiration, the Applicant had the right to reapply for a new Special Permit and the public had a right to voice any concerns after a full season of operation at the new closing hour. 5. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested MODIFICATION of the SPECIAL PERMIT to allow the cafe/bar area to remain open, from the previously allowed 9:00 PM, to no later than 10:30 PM, without any further changes to the uses or structure, based upon the following conditions: a. The cafe/bar area shall be open no later than 10:30 PM; b. The windows and doors of the cafe/bar area shall be closed at all times when the area is open to guests and the public, with the area serviced by air conditioning units to further minimize noise emanating from said area; c. The Modification of the closing hour of the cafe/bar area as herein allowed shall expire one calendar year after the filing of this Decision with the Nantucket Town Clerk. Further action may be taken prior to or after that date upon a new Application to this Board to reissue the Special Permit after public notice for a public hearing; and d. All other relevant conditions contained in the previous Decisions are to be considered in full force and effect. Dated February 9 ,2004 \JUV 1,\ ~ I M",M ancy . Se.v ns tG-~ ~ Edward Sanford (~ ~ ~ Ed:ard Murphy ~ , 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 8,2003, IN THE CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: FIVE CHESTNUT STREET LLC BOARD OF APPEALS FILE NO. 058-03 Applicant is seeking a MODIFICATION of the Decision in BOA File No. 023- 02. The Decision granted relief to convert portions of the interior space to other uses, including modification of previous grants of relief and waived any additional parking and loading zone requirements. A condition was contained in the previous Decision that restricted the closing hour for the cafe to 9:00 PM. Applicant is now seeking a closing hour of I :00 AM. No other changes are proposed as part of this Application and all other conditions will be complied with. See also BOA File Nos. 028-97 and 065-01. The Premises is located at 5 CHESTNUT STREET, Assessor's Map 42.3.1, Parcel 5, Plan Book 48, Pages 485 and 525. 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. NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 CASE NO. 05?-03 FEE: $300.00 APPLICATION FOR RELIEF Owner'sname(s): "F1'Ue... Cheqtnu T 5tree, LLC-. Mailing address: J ~ fOJ) 1- 8'(0 ~ ST"ree...T) ~() r'te S'3s/ N let' t}J ~ !tJOZg/ Applicant's name(s): /)0 fl\e.. sc;,o A)o el Mailing address: $" ae.St (lUt- SfYee-r. Non'frJcki-, rnA 0 ~sS-4 Locus address: s" :s-'l- -J ' Assessor's MaplParcel: '-/2. 3.J Is Land Court Plan Ian Book & Page Plan File No.: % ,/ YtS' f-~2.S" Lot No.: Date lot acquired:/~ '...!..-' ~ Deed Ref.lCert. of Title: J 2A I OC> Cd? Zoning District: fG -' C- Uses ou Lot - Commercial: None_ Yes (describe) ~ th0di2..-- /~ I L~' Residential: Number of dwellings_ Duplex_ AP'rtments~Rental Rooms ? Building Date(s): All pre-date 7/72? / or C of O(s)? Building Permit Nos: Previous Zoning Board Application Nos.: - 02S- State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of the Zoning By-law, and supporting details, grounds,for grant of relief, lis!in~ any ~xis~ nonc~nformities: Itrrwh cO n T is sre Ie. 'n9. 'to fncxb '(: 'I ,m &D eH) Ol) Cl<, .ft?:, 9fo. J'Zz,-o v "'rY.oJ- f3uJ 'frltPcf 7f..fL CftJ':'//1 'P ~ 9J 'tA2- ~ . 0lJ f-1!1 . ~b (-o.JYU'1,S /)dl.<i.P1Ci.?"'>'In<f Q ~i?t:J 1Pvr~ I: 0. A-./f), )0 Ixz- ~~ ~ c<<.P~dbwfl'rbwn fiJJ~t.~. /'10 ~CJ.orrJGO o.re(j~4 asO ~ 8' Hu;; (){/j>1/CQ"t, h0 · ;0 I certify that the informatio ontaine~ her 'n is substantially complete and true to the bes~ my ~.~ knowledge, under the pai and penalties . '.., SIGNATURE: r APPlicantLAtlOme;gent :-~ (If not owner or owner's attorney, p ease enclose oof of agency to bring this matter befor~lhe B, ) FOl}~~1- ~OFFICE USE 0 , / Application received on: 1.J Jfl a3 By: I.J OJ.,J Complete: Need copies?: V ~ Filed with Town Clerk:~,1 Ct,Q5Planning Board:J-J1#-' ~uilding Dept.::L-,~Y: ~ Fee deposited with Town Treasurer:.:lJttR,a3 By:{JlyL Waiver requested?:_Granted:_'_/- Hearing notice posted with Town Clerk:~--,J.W&3>Mailed:.2Jil-' ~&M::IJ2!f;("J3 & t '~1-' 63 Hearing(s) held on:_/_/_ Opened on:_I_I_ Continued to:_I_/_ Withdrawn?:_/_/- DECISION DUE BY: / 1 Made: / 1 Filed w/Town Clerk: / / Mailed: / / --- --- --- --- DECISION APPEALED?:_/_I_ SUPERIOR COURT: LAND COURT Form 4/03/03 d I.N o I/'l l>-\~ ~ _'\.' CATHOLI e, t- O ex: o ? I/'l 8 0> o I') ". (/) 4 ~;I ~ r~ll ~ rWii~z~~~~1 ~ ~.' i ~ . . 11 ~ ~ ;;; ~ Z I ~ i ,/ gt91 '~~(1llild ~~S. .,,~) <i"!'~'!.~oa ,,'),~r . ~ ~i ~Oi ~! 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I I i I I I j ! ,- i , , W 1 ; u z -' ':2 <{ I I I . , I i i . ~----~ I I 111---~-/':::::::::::->-- ~-=-:~=-::::::> . - - ...., 'j \ _1 \.!..I ~ JI :) D! ~ n - ~ g: ~ ~ ,t 4. ~ .:> S J (J (\ j. I i I i i : I i' ! ! I' I ' Ii I ~ ! i l. -- NANTUCKET, MASSACHUSETTS 02554 TOWN OF NANTUCKET BOARD OF APPEALS Da te: /Jprl Z 8 , 2 CD 2-- To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 02--3 -02- r/ U e Ches in ur- S-freer /..LC.. Owner/Applicant: 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. 1 '\J - Na~(l5/ '7~/ 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); fi139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. ZONING BOARD OF APPEALS 1 East Chestnut Street Nantucket, Massachusetts 02554 Map 42.3.1 Parcel 5 Zoned Residential Old Historic 5 Chestnut Street Plan Book 46, Pages 485 & 525 Book 528, Page 50 At a Public Hearing ofthe Nantucket Board of Appeals held at 1 :00 p.m., Friday, March 8, 2002, in the Conference Room of the Town of Nantucket Annex Building, 37 Washington Street, Nantucket, Massachusetts 02554, on the Application of FIVE CHESTNUT STREET, LLC, c/o Paul S. Jensen, P.C., P.O. Box 3097, Nantucket, MA 02584 (Board of Appeals File No. 023-02), the Board made the following Decision: 1. The Applicant is seeking reliefby SPECIAL PERMIT under Zoning By-Law Section 139-33A (alteration/expansion of nonconforming use/structure); and to the extent necessary, a MODIFICATION of the SPECIAL PERMIT relief granted in the Board's Decisions in BOA File Nos. 028-97 and 065-01. In the most recent Decision, relief was granted to convert about 966 square feet ofthe first-floor space from use as a restaurant to retail. Applicant now proposes to convert the fIrst floor space into an about 640 square-foot retail space, 27 seat cafe and a common reception area for the existing the guesthouse. To the extent necessary, the Applicant seeks SPECIAL PERMIT relief under Nantucket Zoning By-Law ~139-18(B) (parking Requirements) and ~139-20(C) (Loading Zone) for the proposed uses. However, all parking and loading zone relief was previously granted and the proposed uses will not increase the parking or loading zone requirements. The Locus is nonconforming as to lot size, ground cover, setbacks, parking and loading. The Premises is located at 5 Chestnut Street, Assessor's Map 42.3.1, Parcel 5, Book 46, Pages 485 and 525. The property is zoned Residential-Commercial. 2. This Decision is based upon the Application and materials submitted with it, along with the testimony and evidence presented at the hearing. The Planning Board found this Application to be not of planning concern. An abutter spoke at the hearing in opposition to relief allowing a cafe citing noise disturbance as a major concem 3. The Applicant, through counsel, presented a January 31, 1997 plot plan and floor plans showing the pre-existing mixed-use commercial building on the Premises and the current and proposed uses therein. Currently, the building is permitted to contain on the first floor an about 966 square-foot retail space, and a rear commercial kitchen. An 8-room guesthouse occupies the second and third floors. The Applicant is seeking relief to reconfigure a portion ofthe first floor ofthe building into a smaller retail space, a cafe for use by guesthouse patrons and the general public, and a guesthouse reception area. All of the proposed and existing uses in the building are allowed by right under the Zoning By-Law and in the zoning district where the Premises is located. However, relief is necessary given the nonconforming nature of the Locus and the building and inability to provide parking and loading areas. No expansion of the existing structure is proposed and the proposed changes in use will not increase the parking requirements under the By-Law. Twelve (12) parking spaces were required for the existing uses and waived in BOA File No. 068-01 and twelve (12) parking spaces are required for the proposed uses, with three (3) spaces for the about 640 square-foot retail space, three (3) spaces for the proposed 27 seat cafe, five (5) spaces for the existing eight-room guesthouse and one (1) space for up to four (4) employees. 4. Therefore, based upon the foregoing, the Board finds that the proposed reconfiguration of uses within this nonconforming building to accommodate about 640 square feet of retail space, a 27 -seat cafe, and a guesthouse common area, to be in harmony with the general purpose and intent ofthe Zoning By-Law, and to be not substantially more detrimental to the neighborhood than the existing retail/guesthouse use of the building. Due to the commercial nature ofthe downtown area in which the Locus is situated, and the previous grants of relief waiving 100% of the required parking for many surrounding commercial establishments, the Board also finds that waiving 100% ofthe required twelve (12) parking spaces and the loading area for the proposed uses, to be in harmony with the general purpose and intent ofthe By-Law. Further, the Board finds that providing parking spaces and a loading area are physically impossible to provide on the Premises. 5. Accordingly, by a UNANIMOUS vote, the Board hereby GRANTS the SPECIAL PERMIT relief under Nantucket Zoning By-Law ~139-33A and a MODIFICATION of the SPECIAL PERMIT relief granted in the Decisions in BOA File Nos. 028-97 and 065-01, to allow proposed reconfiguration of uses within the subject nonconforming building on the Premises to accommodate about 640 square feet of first-floor retail space, and an up to 27-seat cafe and a guesthouse common area; and SPECIAL PERMIT relief under Nantucket Zoning By-Law ~139-18B(3) waiving 100% ofthe required twelve (12) parking spaces; and SPECIAL PERMIT relief under Nantucket Zoning By-Law S 139-20C waiving the loading zone area requirement. Relief is hereby conditioned upon the following: a. There shall be no live/pre-recorded entertainment or music, allowed in the cafe without further relief from this Board; b. There shall be no physical bar area in the cafe without further relief from this Board; and c. The cafe shall close no later than 9:00 PM on any given night. Datedfiftprel It 8; 2coz-- tOv d ~~ Edward J. S ord . Edward S. Toole c "--------~ --I / Edward Murphy TOWN OF NANTUCKET . BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: IVcVemk'lw , 2m/ To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: o CflS--()/ Owner/Appliqant: c<)~f)han;'e. 51 lr;O.. I IIVSree- 0 P S (h~9fnut s:f:-..eef l2~iy!'/ 'fJ1JSYj O~)ng-- ( Onr) CfOy UanflOOs libel C;nWr.' rOrJFraJ/~hzR( 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. .;.. cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME .~IMrT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING"TO NANTUCKET ZONT.r~-:'~ BY-LAW ~ 139-301 (SPECIAL PERMITS); fi 139-321 (VARIANCES) ANY :.VESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. COpy ZONING BOARD OF APPEALS 1 East Chestnut Street Nantucket, Massachusetts 02554 Map 42.3.1 Parcel 5 Zoned Residential Old Historic 5 Chestnut Street Plan Book 46, Pages 485 & 525 Book 528, Page 50 At a Public Hearing of the Nantucket Board of Appeals held at 1 :00 p.m., Friday, September14, 2001, in the Conference Room of the Town of Nantucket Annex Building, 37 Washington Street, Nantucket, Massachusetts 02554, on the Application of STEPHANIE SILVA, TRUSTEE OF 5 CHESTNUT STREET REALTY TRUST, OWNER AND FOR VANNESS NOEL GINLEY, CONTRACT PRUCHASER, of c/o Paul S. Jensen, P.C., P.O. Box 3097, Nantucket, MA 02584 (Board of Appeals File No. 065-01), the Board made the following decision: 1. Applicant is seeking a MODIFICATION of the SPECIAL PERMIT issued in BOA File No. 028-97, which validated an existing restaurant use and allowed the change in the configuration of the restaurant seating on the first floor. Applicant now seeks relief to allow the first floor commercial space to be used either for one (1) retail or restaurant use. Applicant is asking to be allowed to use about 966 square feet of the first floor space as a separate retail unit while maintaining the commercial kitchen in the rear with the ability to change the use back to restaurant use that would not exceed the existing restaurant use, without coming back to the Board. There would be no change in the existing guesthouse, employee housing or apartment use also contained on the Premises. Should the Board feel it necessary, the Applicant is also seeking relief by SPECIAL PERMIT under Nantucket Zoning Bylaw Section 139-18 and 139-20, to waive 100% of the parking and loading zone requirements, as previously granted in the earlier Decision. The parking calculation for the current uses is 14 spaces, and the proposed uses would not exceed that number. To the extent necessary, Applicant is also seeking relief by SPECIAL PERMIT under Nantucket Zoning Bylaw Section 139-33A to allow a conversion of restaurant use to retail use. Applicant proposes no material exterior change to the structure. The Locus is nonconforming as to lot size, with the Lot containing about 1,736 square feet of area in a district that requires a minimum lot size of 5,000 square feet; as to ground cover ratio with the Lot containing about 87.6% of ground cover ratio in a district that allows a maximum ground cover ratio for this undersized lot of 30%; as to side and rear yard setbacks, with the structure being sited at 0.4 feet at its closest point from the easterly side yard lot line, at about zero feet at its closest point from the westerly side yard lot line and at about 1.32 feet at its closest point from the northerly rear yard lot line, in a district that requires a minimum side and rear yard setback distance of five (5) feet; and as to parking and loading with there being no parking or loading spaces provided on site. COpy restaurant use without further relief from this Board. The Applicant was allowed to withdraw without prejudice the request for a Modification of the Decision in BOA File No. 028-97. 6. Accordingly, by a UNANIMOUS vote, the Board hereby GRANTS the reliefby SPECIAL PERMIT under Nantucket Zoning Bylaw ~ 139-33A to allow the conversion of about 966 square feet offrrst-floor existing restaurant dining area to retail use; and under Bylaw ~139-18B(3) to waive 100% of the required twelve (12) parking spaces; and under Bylaw ~139-20C to waive the loading zone requirement. Relief is hereby granted upon the following condition: a. The commercial kitchen on the Premises shall be ancillary to those uses permitted on the Premises; b. The existing storage area shall be ancillary to the retail use on the frrst floor; and c. There shall be only one (1) retail establis ent of up to about 966 square feet on the Premises. Michael Dated /'I()Ufp\b (~,2f)j( f Edward Sanford - ::::0 r' :;:lE:: -. 9 ::""J :z I'l t:::) <:: .- r"'''-; .1 0\ '""'0 1""::' I...t.J IT! N 0 - [&-- --t __ 0"'-- -=> -c:: -,.. :z~ ~ rC: .--- (- //- '../ Y'l . ... ( 7 .1 ~--------::? / ........---- / .- Edwapi C. Mty:phy / COpy TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: 1?1ar. CJ- , 1997 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 028-97 Owner/Applicant: STEPHANIE A. SILVA, TRUSTEE OF 5 CHESTNUT STREET REALTY TRUST 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 betaken 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. M~~~~r.9~~:.f-' 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); 9139-321 (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING DOARD OF APPEALS. NANTUCKET ZONING BOARD OF APPEALS 37 Washington Street Nantucket, MA 02554 ASSESSOR'S MAP: 42.3.1, PARCEL: 5 Deed Reference: Book 271, page 26 Plan Reference: Plan Book 46, page 484,525 5 Chestnut Street Residential Commercial District DECISION: 1. At a Public Hearing of the Nantucket Zoning Board of Appeals on Friday, April 4, 1997 at 1:00 P.M. in the Selectmen's Meeting Room in the Town and County Building, Broad Street, Nantucket, Massachusetts, the Board made the following DECISION on the application of Stephanie A. Silva, Trustee of 5 Chestnut Street Realty Trust, c/o Vaughan and Dale, P.C., P.O. Box 659, Nantucket, Massachusetts 02554, file number 028-97: 2. The Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law sec. 139-33A to validate an existing restaurant use and to change a portion of the said-to-be pre-existing three story commercial structure, currently known as the Quaker House Restaurant and- Guest House. Applicant proposes to reconfigure the seating of a presently existing dining room to accommodate a four-seat counter to be used for liquor service 'and dining service. Applicant further proposes to convert, in part, a room presently used as a foyer and reception area for guest house patrons into a dining room accommodating twelve (12) dining patrons, thus converting an additional portion of the first floor into restaurant and bar use that was heretofore used in conjunction with a guest house use only. The number of seats would increase from thirty-six (36) to forty-eight (48). A portion of the structure would continue to be used as a guest house with eight (8) rental rooms, one (1) dwelling unit, and one (1) room for housing help. Applicant also seeks a SPECIAL PERMIT under Nantucket Zoning By-Law sec. 139-9B (1) to allow the above-mentioned bar area as accessory to an existing restaurant use. In addition, Applicant is seeking a SPECIAL PERMIT under Zoning By-Law sec. 139-18B (3) to waive one hundred percent of the parking requirements, and to the extent necessary, a SPECIAL PERMIT under Zoning By- law section 139-20 (off-street loading zone requirement). The locus is non-conforming as to lot size, having a lot area of 1,736 +/- square feet in a District that requires a minimum lot size of 5,000 square feet; as to ground cover ratio, having a ratio of 87.6 +/- percent in a District that requires a maximum ground cover ratio of 30 percent for under-sized lots; as to side yard set-back requirements, with the structure being sited 0.4 +/- feet from the easterly side yard lot line at it's closest point and being sited at 0 feet along the westerly side yard lot line, in a District that requires a minimum of a 5 foot side yard set-back; as to rear yard set- back requirements, with the structure being sited 1.32 +/- feet from the northerly rear yard lot line at its closest point in a District that requires a minimum rear yard set-back distance of five (5) feet; and as to parking with no spaces being provided on site. The Premises is located at 5 Chestnut Street, Assessor's Map 42.3.1, Parcel 5, Plan Book 46, page 485 and 525. The property is zoned Residential-Commercial. 3. Our decision is based upon the application and accompanying materials and representations and testimony received at the Public Hearing. There was no Planning Board recommendation as to any of the requested relief. ~ abutter. spoke in favor of the requested relief. There was no objection to any of the relief requested by way of letters to the file or from members of the audience present at the public hearing. 4. At the Public Hearing, the Applicant, through her attorney, presented the Board with the circumstantial background for the need to validate the existing restaurant use. The part of the structure that is used as a lodging house is used pursuant to Nantucket Building Permit No. 2274-82, issued in 1982 by the Nantucket Building Commissioner. As a use in existence pursuant to a valid Building Permit, no action, criminal or civil, the effect or purpose of which is to compel the abandonment, limitation or modification of said use as allowed by said permit, shall be maintained, pursuant to Mass. General Law, Chapter 40A, sec. 7. Nantucket Building Permit No. 5632-87, issued for Applicant's predecessor in title to undertake repairs and renovations on the Premises, addresses wiring for the kitchen for a restaurant, no kitchen construction is described in the application for said permit. A restaurant use is a permitted use in the Residential-Commercial District. The Applicant, through her attorney, testified that the existing restaurant use, though not undertaken pursuant to a Building Permit duly issued by the Nantucket Building Department and not benefitted by a SPECIAL PERMIT for conversion from a pre-existing retail use to restaurant use issued by the Nantucket Zoning Board of Appeals, was a use that was not more detrimental to the neighborhood than the retail use that pre-existed the restaurant use.' 5. The Applicant, through her attorney, presented the Board with testimony that the conversion of a portion of the dining room to a bar use for four (4) patrons would not be more detrimental than the presently existing dining room use only. It was brought to the Board's attention that the conversion consisted simply of removing a table accommodating four (4) dining patrons and replacing it with a counter top to be used as a bar for four (4) patrons and an area for beer, wine, and liquor service. The Applicant also explained that the area on the south side of the first floor of the Premises facing Chestnut Street, presently used as a reception and foyer area for guest house use, would be converted to hold an additional twelve (12) dining patrons. Testimony was presented to the Board that both the Applicant and her husband were trained professionals with skills in both food and bar service. 6. The addition of the bar and twelve (12) dining seats in the reception/foyer area would result in an increase in the total seating for the restaurant/bar from 36 to 48. The Premises are presently grandfathered for a waiver of ten parking spaces. The proposed conversions and additional seating result in the Premises requiring a total of twelve (12) parking spaces. This is computed as one (1) parking space for the dwelling unit, five (5) 2 spaces for nine rooms (eight rental units; one room to house help) and six (6) spaces for forty-eight dining-bar seats computed as one parking space for each eight seats. The Applicant, through her attorney, represented that, traditionally, guest houses in the downtown area, by virtue of their proximity to the boat, do not encourage the use of automobiles on Nantucket or utilize the grandfathered spaces of which they are benefitted. The Applicant also testified that with respect to a loading zone, it was physically impossible to provide the loading zone due to the downtown location of the pre-existing structure, and that relief from the requirement of providing a loading zone would be in harmony with the purpose and intent of the By-law. It was noted for the record that there are a number of designated loading zones in downtown Nantucket and that one that services the Premises is proximate to locus. 7. Based upon the foregoing, the Board finds that the conversion of a portion of an existing dining room to bar area consisting of a four-seat bar used for patron dining and restaurant liquor service; the conversion of a portion of the presently existing reception and foyer area for guest house use to an area accommodating an additional twelve (12) dining patrons resulting in a total of forty eight seats for the restaurant-bar; and the validation of the existing restaurant use as a permitted use in a pre-existing, non-conforming structure will not be substantially more detrimental to the neighborhood than the pre-existing, non-conforming structure and its present uses. As to parking and loading zone relief, the Board finds that the grant of relief for twelve spaces and a loading zone would be in harmony with the purpose and intent of the Zoning By-Law, and further, that providing parking spaces and a loading zone would be physically impossible on the Premises. 8. Accordingly, by UNANIMOUS vote, the Board GRANTS the requested relief by SPECIAL PERMIT under Nantucket Zoning By-Law, sec. 139-33A to validate the existing restaurant use and conversion of presentl~%~sti~~es!!19uM.?pace to restaurant space for an additional twelve (12) dining sealSf8-n'aer section f39~B Uj to construct a four-seat bar for liquor service and dining; under 139-18(B)(3) to waive 100 percent of the required parking of 12 parking spaces and under 139-20(C) to waive the requirement of a loading zone, all upon the following condition: a. The bar-restaurant will be open no later than 11:30 P.M. daily. Dated: trlCU1- .L, 1997 ~61~4/ ~chael J. O'Mara ~{JtA.. \ · ~~~ Nancy J. Sevr4 6- D. Neil P~nt lOWN CE'VED NANIII;~~~K'S OFFICE ~Jf'l 02554 TIME' MAYO 2 199Zah) C:\HUNTER\silva.J . --J_.~ s~ :J 3 ClERK____ ~2-~ - -- -----