HomeMy WebLinkAbout012-80
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OOARD OF APP~.L.S
Nantucket, .Massachusetts
DEX:ISICN:
At a meeting of the Board of Appeals held April 18, 1980, at 3:00
P.M. at the Town and County Buildhlg, in the matter of the petition
of Pamela McKinstry (Sconset Market) (012-80), after due delit..eration,
the Board found:
1. This is an application for a Special Permit to allow the opera-
tion of a restaurant on the premises of the Sconset lBr"yet in Post
Office Square in Siasconset. The area is zoJl€d Residential 1 but
the premises have teen established as a non-confoming \,,;UllIercial
use, to wit: a grocery store and market, since prior to the effec-
tive date of the Zoning By-law in 1972.
2. The applicant claims the right to operate a retail l:usiness urrler
Section 4-8-2 of the By-Law and, in addition, JT'Iaintains that a
restaurant has cperated on these premises in past years so as to
have the l:::enefit of a non-conforming use. The provisions of Section.
4-B-2 refer to "neighborhc:x:rl service establislTrentsf' and cannot be
extended to enccrrpass a restaurant operation. The burden is upon
the applicant to prove the existence of a restaurant as a non-conform-
i.m use. Al though there was sare testi.rrony of the, sale of sandwiches
and box lunches fra:r the Market wi. thin the past two years, the
~ight of the evidence ",ras overwhe1.:rl"ingly to the effect that no
restaurant operated on the premises. No ccmron victutaller' s license
\':as issued. Accordingly, the Eoard firrls the awlicant has no
proven tlte existence of a restaurant as a non-conforming use of the
premises.
3. The application for a Special permit for a restaurant operation
in 'I'he Sconset !''!arket is denied by unanirrous 'VOte.
~.. (BOARD OF' APPEAlS,
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NOTICE
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A Public Hearing of the BOAP.D OF APPEALS will be held
Friday, April 18, 1980, at 3:00 P.M., at the TOWN AND
COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKFT,
on the application of PAMELA McKINSTRY d/b/a SCONSET
MARKET, LTD., for a Special Permit under SECTION 4-B-2
of the Zoning By-Law to allow a restaurant in the
Sconset Market. Property is ~hown as Lot 1, Plan
Book 17, Page 39, and is located in Post Office Square,
Sconset, and is zoned Residential I.
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BOARD OF APPEA.LS
Robert F. Mooney
Eileen T. Cahoon
Judith K. Bartsch
,-
AB-l
$50.00
Case No.
OJ;- tll
FEE
APPLICATION TO THE BOARD OF APPEALS
Nantucket
To the Members of the Board of Appeals:
The undersigned hereby applies for relief from the terms of the .
(ZONING BY-LAW) (BUILDING CODE) on property described below:
Location of Property
Post Office Sq., Siasconset
Lot No.
1
Plan rb Book 17/PaQe 39
District is Zoned for
Residential
Type of structure (Existing or Proposed) or proposed use: Restaurant
Owner's Name The Sconset Market Limited Partnership
Owner's Address 3 Winter Street, Nantucket, Mass. 02554-
When did you acquire this property? contract purchaser
.
Has application been filed at Building Department? No
Has any previous appeal been made? No
Section of By-law or Code from which relief is requested: 4 B.2.
Special permit for operation of commercial profit making business.
Reason for asking relief~ Operation of restaurant in Residential -1
District by special permit.
Sconset Market Ltd.
Signature of applicant b
ar ner
ATTACH: (1) A list of the names and addresses of each abutting owner and
owner abutting the abutters.
(2) Check in the amount of $50.00 made payable to the Town of
Nantucket.
(3) Map or plan showing the location of the property to be
considered.
(4) If the applicant is ~her than the owner. please indicate your
authority to make ,this application.
BOARD'S DECISION
A pplication submitted to Board '
Advertising dates y / ~ - tit (I
Hearing date t/ J / ~!
Decision of Board
Decision filed with the Town Clerk
.