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Home My WebLink About034-00r TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date : August ~ ,~ ~ 20 00 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 034-00 Owner/Applicant: 29 FAIR STREET, INC. FOR ITSELF AND DEXTER TUTEIN 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. v ~ Mic ae J. O'Mara, Chairman cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMT.T AND WILL EXPIRE IF NOT ACTED.. UPON ACCORDING~TO NANTUCKET ZONING BY-LAW §139-30I (SPECIAL PERMITS);.§139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 Assessor's Map 42.3.2 29 Fair Street Parcel 192 Deed Ref. 147/228 ROH (There being no plan on file) At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., on Friday, May 12, 2000, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of 29 FAIR STREET, INC. FOR ITSELF AND DEXTER TUTEIN, of 29 Fair Street, Nantucket, MA 02554, Board of Appeals, File No. 034-00, the Board made the following Decision: 1. Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning Bylaw §139-33A (alteration/expansion of a pre-existing 'nonconforming structure/use). Applicant is asking the Board to allow the expansion of a said to be pre-existing restaurant/inn, known as the "Woodbox", by validating the increase of patron seating from 30 to 45 seats, which allegedly took place about 15 years ago. There would be no increase in footprint. Applicant is also seeking relief by SPECIAL PERMIT under Nantucket Zoning Bylaw §139-18 to waive the additional required two (2) parking spaces above those said to be grandfathered. There is no on-site parking provided and none is planned. The Locus is nonconforming as to use as described above; as to ground cover with the Lot containing about 54/ ground cover ratio in a district that allows a maximum ground cover ratio of 50/; and as to northerly side yard setback with the principal and secondary structures being sited at zero feet from that lot line, and as to rear yard setback with the secondary structure being sited at less than one (1) foot at its closest point from that lot line in a district that requires a minimum side and rear yard setback of five (5) feet. The Premises is located at 29 FAIR STREET, Assessor's Map 42.3.2, Parcel 192, Deed Ref. 147/228 (with there being no plan on file). The propety is zoned Residential-Old-Historic. 2. The Decision is based upon the Application and materials submitted with it and the testimony and evidence presented at the hearing. The Planning Board made no recommendation as the matter was not of planning concern. There were no letters on file and no support or opposition expressed at the hearing. 3. Applicant's representative stated that the Inn and Restaurant pre-dated the 1972 enactment of the Zoning Bylaw and thus were validly grandfathered uses in the Residential Old Historic Zoning District in which the business is situated. The structure is said to have been constructed as early as the late 1790's. Applicant stated that in the early 1980's, after the death of a family member, the bedroom was converted to accommodate additional restaurant seating raising the number of seats from about 30 to about 45. The matter was only brought to light this year during the annual inspection process, which then engendered this Application for Special Permit relief to allow the expansion of the seating as noted above and to waive the additional parking spaces, There would be no increase in the footprint as a result of the increase in seating. There has traditionally been no parking provided on site as it is physically impossible to provide due to the layout of the structures. Two (2) additional parking spaces area required for the increase of 15 seats. Seeking relief from this Board is part of the process Applicant has undertaken to bring the restaurant up to current Building and Zoning Code requirements. 4. Therefore, the Board finds that the increase in seating from 30 to 45 would not be substantially more detrimental to the neighborhood than the existing nonconformities. The restaurant has operated at a 45-seat capacity for almost 20 years without incident and the Board finds that the increase would have little impact upon the area. The Board further finds that the use is grandfathered for 15 parking spaces and that waiving two (2) additional required parking spaces would be in harmony with the general purpose and intent of the Zoning Bylaw and not contrary to sound traffic and safety considerations, provision of which would in fact be impossible to accommodate on site. 5. Accordingly, upon a UNANIMOUS VOTE, the Board GRANTS the requested SPECIAL PERMIT under Nantucket Zoning Bylaw §139-33A to allow the increase of patron seating from 30 to a maximum of 45 seats and a SPECIAL PERMIT under Bylaw §139-18 waiving the two (2) additional required parking spaces upon the following condition: - There shall be no more than 45 patron seats related to the restaurant use. Dated: August ~, 2000 Mic ae J. O'Mar ,. .... Edward Murph G~fVED ~'" TOW GLERK'S OFFICE NANT`UGKET, MA 02554 AUG 2 5 2000 TIME: 3:3U~,,~,~ ,qss~. ~ CLERK: liam P. our' n, Jr. ~~ Dale W. Waine ~. Q- d'-- Edward Sa ford TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON 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. MAY 12.2000. in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: 29 FAIR STREET, INC. FOR ITSELF AND DEXTER TUTEIN BOARD OF APPEALS FILE NO. (034-00) Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning Bylaw Section 139-33A (alteration/expansion of apre-existing nonconforming structurefuse). Applicant is asking the Board to allow the expansion of a said to be pre-existing restaurantlmn, known as the `ryVoodbox" , by validating the increase of patron seating from 30 to 45 which allegedly took place about 15 years ago. There would be no increase in footprint. Applicant is also seeking relief by SPECIAL PERMIT under Nantucket Zoning Bylaw Section 139-18 waiving the additional required two (2) parking spaces above those said to be grandfathered There is no on-site parking provided and none is planned. The Locus is nonconforming as to use as descrined above; as to ground cover with the Lot containing about 54% ground cover ratio in a district that allows a maximum ground cover ratio of 50%; and as to northerly side yard setback with the principal and secondary structures being sited at zero feet from that lot line and as to rear yard setback with the secondary structure being sited at less than one (1) foot at its closest point from that lot line in a district that requires a minimum side and rear yard setback of five (S) feet. The Premises is located at 29 FAIIt STREET, Assessor's Map 42.3.2, Parcel 192, Deed Re£ 147/228, (with there being no plan on file). The property is zoned Residential Old-Historic. ~ (~~_ William P. Ho Jr., Chairman THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL THE OFFICE AT (508) 228- 7215FOR FURTHER INFORMATION. t~Y ' h• „' ~~BoA Fora 1-89 HANTUCXET ZODT2DJa 80i1RD OF APBEAI,B ~ ~ • TOWN AHD COUNTY B172LpYHG p~- ', ~ HADJ'~'ClCRZT, 3D"- 0255d n?~ •w CABS No ~-~j .. popr.YCAmrON 90!? It$r.YVv ;~: O~rner's name(s) : 01~ ~Ql~/' S'~/'2e~~ ~.~,y/~~C"" ~~.1 Mailing address : oZ9 ~l ~ /' ~. n) G V1yt c~~ i'y1 yq.~ ~' 2../ ~`' Applicant's name: _ `t~P,~~ tJ ~`,2,~ f~ ~' Mailing address : 2 Q ~O, (~ St". ` ~,~ ~-{--~ ~ ~~ Yy~~} QZS'~"~ '' Location of lot: Asse~3eor'& map and parcel number y~•-3. ~ - ~C`j ~... street address : `oZ 9 ~ tr- • Sfi('~e ~-~ Registry Land•Ct'Plan, $lOn Sk & Pg or Plan File l' ~~ _ ~,ot ' Date lot acquired: ~~ peed Ret~~1ZZg'' Zoning ,district ~ ~} Uses on lot -~,.commeraial:' None _ or l~~i~n7-/fin (~ MCp? 4 - number ot: dwallings_ duplex_ apartments_ rental rooms Building date(s): all pre-8/72? / or cot o?_ Building Permit appl'n. Nos. Case Nos. all.• 8oA applications, lawsuits s ~ ~~~ • •State full all Zoningg relief sou ht and respective Code sections and subssa~ions, speaiticall whagg and what Y t you yropose admppaced to present grounds yyou tYrge for 8oA to make sash finding per Section 139-32A i~~ Variariae, 139-s OA it a special Permit (and 139-33A 't'Bit to altar or extend a nonconr'orming use). 2t ap eel per 139-3~A • ,_, , attach t(scision or order appealed. OK to a~ta, addendum (,~9~C1 ~OCI~C', Co • U.o C-~I~CQ `t-c) S~2nc~p, 3~ ~~.Q, urn /2o7e.uibrq~: `t'1'1e y t-~.v~- (~ en ~°~'~h v~ 7~ 4 S I~~Q~~4'~ cu¢,~ 1 S'c.~ Q~ vs. ~ ~.'+~Co St2n ~ ~ S~ G QQc~~?~.o~cvu~- (,Wr~~ 13 9 33x9 lc1o~ L~e~ ~ sk~ . ~ d s.eQ a ~~P vw~cQO~ ~ c°P-~cyn ~ 3q - tg ~~ c~~ ~~ a Cac~K ~cm~a~ a izsass enclosed as part of this Applications ordsrl addendum2 ,Locus map Sits lan_ showing present +planne structures Floor plans prsssn~ propose¢_ slsvatio~s (Hp~p Listings lot area '-'frontage satbaa3Ga Gam' parkingodata-) Assessor-osrtitiec! adc}xssseE• 13st 4 sets iaa~l~ labels 2 sets 200 tss payable to Town of Nantuokst prpoq! caps covenant ' (It an appeal, ask To~~n Clerk •to seri3~ldg ComrTS record to BoA:j I certify that the requested information submitted is substantially complete Arid true to the best of my knowlddge, under the pains and ~psnsltiss of rj ry. SICNATU At-, Applioant ___, Attorney/agent ,3(It not owner pr ownsr~s attorney, enclose proof ot~authority) ' FOR SoA OFFICE USE "- Application copies reed: 4_ _/or for SoA on~/ f/j by_~~~'P~~ Ons aop}+ tiled with Town Clark o~: by-C~~~ ao:ppiets? ~ One copy each to Planning Bd and Building Dept~~i~ b J~~2~. Y 5200 tee check giyeri Town Treasurer on " ,~j~ b waived? Eisaring notice posted~/~C~ mailed~/~G~ I & M~~/~~, 5 Msaring (s) on_,_/,_/~ aont ~ ~~ to,_/_/_, ~~~ withdrawn7~„/_/_ '" Oecisiori due by_/~_ made " .,_./,,,,,'_ tiled TC,,,_/,,,,J_ mailed_/,_/_ see related.cASes lawsuits • other ... _ .. .. t • W ~ U ~ ~o W~Q o ~~ o ~ ~ N U~Y ~'~ RUC? c~ ~- ~ r ~ G ~ ~~ Q ~~ Flpr 04 00 03: 29p G. Kearns 8. 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