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Home My WebLink About057-99TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date : July < (D 1 g99 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 057-99 Owner/Applicant: JOHN A. KEANE 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. ~ \ ,s r Micha cc: Town Clerk Planning Board Building Commissioner v 1 IM~U~u/ O'Mara Chairman (Vice) 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. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 Assessor's Map 55 Parcel 163 R-C One Chin's Way Plan File 33A, Lot 4A Deed Ref. 411/68 At a Public Hearing of the Nantucket Zoning Board of Appeals, held at 1:00 P.M., Friday, July 9, 1999, in the Conference Room, at the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of JOHN A. KEANE, of One Chin's Way, Nantucket, MA 02554, Board of Appeals File No. 057-99, the Board made the following Decision: 1. Applicant is seeking a MODIFICATION of a Decision issued in Board of Appeals File No. 065-97 which allowed the conversion of a dwelling to use as a restaurant. Applicant seeks modification of subsection (a) in paragraph 6, which restricted the hours open to the public from 6:00 A.M. to 7:00 P.M. during the period between Memorial Day and Labor Day. Applicant wishes to have the option of being able to open until 9:00 P.M., as he is allowed to do during the rest of the year. See also BOA FIle Nos. 011-98 and 012-98. The Premises is located at One Chin's Way, Assessor's Map 55, Parcel 163, Plan File 33A, Lot 4A. The property is zoned Residential-Commercial. 2. The Decision is based upon the Application and materials submitted with it and the testimony and evidence presented at the hearing. There were no letters on file in support or opposition. The Planning Board made a negative recommendation pending submission of proof showing the availability of off-site parking as required in the Decisions in BOA File Nos. 011-98 and 012-98. Applicant represented that there was a twenty-year lease with the owner of the Chicken Box and that restaurant employees were required to park in those spaces thus ensuring that the spaces located on the site remain solely available for use by the patrons of the establishment. 3. Applicant submitted photographic evidence to the Board at the hearing which indicated that the parking situation in the immediate area was not as intense prior to 9:00 P.M. in the summer months as the Board had previously thought. The concerns expressed at the original hearings in 1997 and 1998 centered on the issue of the traffic and parking impact engendered by the new 32-seat restaurant which was to be situated in an area that was already heavily commercially developed. Applicant represented that the parking required for his patrons had little impact upon the area prior to 9:00 P.M. The pub immediately proximate the Locus to the north and the Chicken Box Bar, sited to the • west of the Locus and on whose property the four (4) required off-site parking spaces were located, did not become busy until after 9:00 P.M. on weekends and later during the week. The photographs were taken on a daily basis over a ten (10) day period, which included the July 4th holiday weekend, primarily at night and showed that there would be no adverse effect on the overall parking situation should the restaurant be allowed to open until 9:00 P.M. in the summer months as it is allowed to do during the months of September - May. Applicant further represented that he had sufficient parking on site with the employees parking off-site to accommodate all of his patrons without impacting other areas. Applicant added that it was difficult to conduct business and an inconvenience to his regular patrons having to close at 7:00 P.M. in the summer after being open until 9:00 P.M. the rest of the year. 4. Therefore, based upon the foregoing, the Board finds that granting the Modification to allow the restaurant to operate until 9:00 P.M. on a year-round basis, would be in harmony with the general purpose and intent of the Zoning Bylaw and not contrary to sound traffic and safety considerations as the Applicant has provided sufficient proof to support his claim that there would be no adverse traffic or parking impact on the neighborhood related to the restaurant use of the structure on the Lot during the hours of operation which would be no earlier than 6:00 A.M. and no later than 9:00 P.M. on any given day. 5. Accordingly, by a unanimous vote, the Board GRANTS the requested MODIFICATION of the Decision issued in Board of Appeals File No. 065-97, subsection (a) in paragraph 6, to allow the 32-seat restaurant to be open to the public no earlier than 6:00 A.M. and no later than 9:00 P.M. on any given day on a year-round basis. The remaining conditions contained in Decisions issued in Board of Appeals File Nos. 065-97, 011-98 and 012-98 shall remain in full effect. Dated: July f ~ 1999 Da Wain ` Edward Murphy ~E~EiVED TOWN ~LERI<'S OFFICE lVAfJTL~CKET, MA 02554 v' Micha J O'Mara D. ei Parents ,C.~ ~._ Edward Sanford JUL 1 6 1999 TIME: CLERK: J ~•~ S 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, JULY 9, 1999, in the CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: JOHN A. KEANE BOARD OF APPEALS FILE N0. 057-99 Applicant is seeking a MODIFICATION of a Decision issued in Board of Appeals File No. 065-97 which allowed the conversion of a dwelling to use as a restaurant. Applicant seeks modification of subsection (a) in paragraph 6, which restricted the hours open to the public from 6:00 A.M. to 7:00 P.M. during the period between Memorial Day and Labor Day. Applicant wishes to have the option of being. able to open until 9:00 P.M., as he is allowed to do during the rest of the year. See also BOA File Nos. 011-98 and 012-98. The Premises is located at ONE CHIN'S WAY, Assessor's Map 55, Parcel 163, Plan File 33A, Lot 4A. The property is zoned Residential-Commercial. f ~1 ~ ~~~`~~ ~vV Dale W. Waine, Chairman _ ~~'~O~.i~lED rL`3V'v~ GLER;<'S OFFIGE NAPA i L'CItE-j-, MA 02554 JUN 2 5 1999 DIME: CLERK: .r~. ' ~: ' :,. . i.Y ,,, y :~.. ~• ~;: •BoA Form 1-89 ,•;.. ,: r:.: '` NANTIICIQ3T ZONINf3 BOARD 08 APPEALS TOWN AND COIIDTTY BIIIY+DINa NAN'-'IIC1Q;T, M]- 02554 Dade owner's name(s) : ~~^~ ~}' u-e~ YY~ Mailing address: Applicant's name: Mailing address: Z •S3"~{ Location of lot: Assessor's map and parcel number ~- ~ ~~ street adstress: n~P ~~i.n !c /,OQe./ Registry Land Ct 'Plan, ~'1sn Bk & Pg o n Fil 33 ~' Lot ~ - , Date lot acquired: _/,_/~ Dead Ref _,_ Zoning district ~~'-_ Uses on lot - .commercial :' None _ or ~~Q /1 xQ,cJ~4~~ MCD?_ - number of: dwellings- duplex- apartments, rental rooms- Suilding date(s): all pxe-8/72? or C of o?_ Building Permit appl'n. Nos. Case Nos. all BoA applications, lawsuits:~(eZ_~%7~G~;Y q~r(xZ - State fully all zoning relief sought and respect#ve 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-BOA if a Special Permit (and 139-33A if to altar or extend a nancon~'orming use). If ap eal per 139-3~A ~B _ , attach decision or order appealed. OK to a~tach addend~i ~ ;cam ~~ m z: ~ P~ ~c~,tX~` ~.r~,r~n~~. a~CQitac~~/I~ ~zC~2 C~ ~p ~'~~v~ir'. ~Gn~- ` ~! W a~ ~ ~Dsz-' d ~/h r r~d~-+ Items enclosed as part of this Application: orderl addendum2 Locus map- Site lan_ showing present +planne3 structures Floor plans pr.ssn~ propoasd,_ al.vat"~a (HDZ~appprov~d?_). Listings lot area ~3'rontage satbacks_, GZ'~'~ parking data Assessor-certified addressee• Test a sets- ma~l~ labels 2 sets- ~200 tee payable to Town of Nantucket pproof cap' covenant (If an appeal, ask To~~n Clerk to senc'~$ldq 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 SIGNATURE: Applicant V Attorney/agent 3(If not o nex or owner's attorney, enclose proof oP authority) FOR Bo OFFICE USE Application copies recd: 4~r_ for BoA on~4 by One copy Piled with Town Clerk on,~~~ by comple~jt~e?y~~ one copy each to Planning Bd and Building Dept,/2~p~ by ~~'~/( l~ $200 fee check giYen Town Treasurer on_~?~~ bYS:~~ waived?_ Hearing notice poeted~~/~~mailed,~/~I & M ~ ~'~~, ~/~~ Hearing(s) on~_/_ cont'~a to~~_, ~,_,_/_ withdrawn?~~_ Decision due by___/,_/_ made,_/J_ filed TC_,/,~_ mailed~~_ See related cases lawsuits other w ~- U~ olio O ~ ~~~ ~ `~ CJ ~~ ~ i.t ~ e_? i j ~ •' ~ ~ ~,~ ~ (• .~i s Y' tt.i J ~? ~.3 rA ..,, e +~ ~'~; ~ . r~ i ~kS ~~.~ ~ ~~~ , . ~~~~R ~~ . `'E' ~ c ' ~. * ~ . •~ ~- ,~~.. ,., ,. dot.; v~ .fol. ,` ~'.~~ .°,, ~ `. ~ i %~ ?, .~, ~- .. ., ,.} '~~~ _ . ,, ~: "~ Z~ 232 ~ ~ Z~ ~'o~ I ~ ~ ~• 1 f- 6 2 I \ ~" ~~' s r~ +• .--- 5 ~ x 208 30 O~ ` ~ ~ . ,y~' ~q 1. ~'~'~ ~~ __ 2 209 ~ 23. 6 199 ~ '~' -,..M.+...i-~.._.-s~..a,M'.giT.M.»..~.M~W~.w.YK.. w..,w.,.~:.,.^?t• '^f~»..,S~tTS• _......, ,. .. j~~ ~. .. ~~ .,~ . ..~. s -.~ .. t . ~~ 4, yJ d TOWN. OF NANTUCKET ZONING BOARD OF APPEALS LIST OF PARTIES IN INTEREST IN THE MA/~TTER OF THE PETITION OF PROPERTY OWNER :...............C~~~......f.~..e~.~..~....~'~................................ MAILING ADDRESS :........................................................................................ // /, PROPERTY LOCATION :..................1....;. ~7~JJu~!1..~~......L~(~/......................... .................... ASSESSORS MAP/PARC L:.......~J..`-1.~.~ ............./........ ,~::, ... SUBMITTED BY :............. ............................................................................... SEE ATTACHED PAGES I certify that the foregoing is a list of persons who are owners of abutting property, owners of land directly opposite on any public or private street or ~vay; and abutters of the abutters and all other land o«•ners «•ithin three hundred 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) ). - DATE 1 ASSESSOR'S OFFICE TOWN OF NANTUCKET TOWN OF NANTUCKET •06/1"1/99 OWNER'S MAILING ADDRESS LIST 08:55:55 ck Bl Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Location o Map 0055 0268 KARP STEPHEN R TR 0001 WELLS AVE STE 303 0031 SPARKS AV SPARKS AVENUE CENTER TR NEWTON MA 02458 0055 0271 *NANTUCKET TOWN OF 0016 BROAD ST 0135 PLEASANT ST NANTUCKET MA 02554 0055 0270 *NANTUCKET TOWN OF 0016 BROAD ST 0131 PLEASANT ST NANTUCKET MA 02554 PO BOX 724 0021 SPARKS AV 0055 02692 *BANKBOSTON N A BOSTON MA 02102 0055 01761 LMD INVESTMENT LTD PTRSHP PO BOX 5043 0140 PLEASANT ST WESTPORT CT 06881 0055 01763 CODY ROLAND L JR & LOUISE J 4058 WEST COLEMAN BLVD 0165 ORANGE ST MOUNT PLEASANT SC 29464 0005 FAIRGROUNDS RD 0012 W CREEK RD 0055 0175 RYDER DONALD NANTUCKET MA 02554 0005 FAIRGROUNDS RD 0010 W CREEK RD 0055 0174 RYDER DONALD NANTUCKET MA 02554 0055 0173 YOUNG ROBERT A 0077 POLPIS RD 0006 W CREEK RD NANTUCKET MA 02554 0055 01731 YOUNG ROBERT A 0077 POLPIS RD 0008 W CREEK RD NANTUCKET MA 02554 PO BOX 424 0004 W CREEK RD 0055 0172 RYDER MAXWELL T NANTUCKET MA 02554 0055 0171 FISNER CHARLES W & JOAN E BOX 585 0161 ORANGE ST NANTUCKET MA 02554 PO BOX 26 0159 ORANGE ST 0055 0170 BAMBER RONALD K NANTUCKET MA 02554 0055 0165 THAIRATANA PATAMA 0013 WEST CREEK ROAD 0013 W CREEK RD NANTUCKET MA 02554 PO BOX 1191 0011 W CREEK RD 0055 0166 FIVE TINES LLP NANTUCKET MA 02554 0055 0167 *DICKERSON SARAH B TRUSTEE 5 WEST CREEK ROAD 0007 W CREEK RD NANTUCKET MA 02554 0055 0168 *WARFIELD WALTER & P.O. BOX 398 0003 W CREEK RD LINDA ROSENBERG ISLAND HEIGHTS NJ 08732 0055 0168 *WARFIELD WALTER & P.O. BOX :398 0003 W CREEK RD LINDA ROSENBERG ISLAND HEIGHTS NJ 08732 0055 0168 *WARFIELD WAtTER & P.o. BoX 398 0003 W CREEK RD LINDA ROSENBERG ISLAND HEIGHTS NJ 08732 0055 0169 MACDONALD MALCOLM E TR P.O. BOX 586 0001 W CREEK RD MACDONALD LAND TRUST FALMOUTH MA 02541 0055 0289 *DICKERSON SARAH 6 TRUSTEE 5 WEST CREEK ROAD 0005 W CREEK RD NANTUCKET MA 02554 0055 0157 HOPKINS THOMAS W ETAL PO BOX 2833 147R ORANGE ST NANTUCKET MA 02584 0055 0157 HOPKINS THOMAS W ETAL PO BOX 2833 147R ORANGE ST NANTUCKET MA 02584 0055 0162 MANASMONTRI CHIN PO BOX 2057 0002 CHINS WY NANTUCKET MA 02584 0055 0164 *LEWIS M LEONARD ETAL TRUSTEES 266 BEACON STREET 0130 PLEASANT ST NANTUCKET TRUST BOSTON MA 02116 0055 0157 HOPKINS THOMAS W ETAL PO BOX 2833 147R ORANGE ST NANTUCKET MA 02584 PAGE 1 MUAS750 9.2 .06/51/99 TOWN OF NANTUCKET 08:55'55 OWNER'S MAILING ADDRESS LIST Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Location 0055 0311 HOPKINS THOMAS W ETAL PO BOX 2833 0149 ORANGE ST NANTUCKET MA 02584 0055 0312 *DUNN LEE H INC PO BOX 1846 0147 ORANGE ST NANTUCKET MA 02554 0055 0160 122 PLEASANT STREET INC 122 PLEASANT ST 0122 PLEASANT ST NANTUCKET MA 02554 0055 0161 MANASMONTRI CHIN PO BOX 2057 0004 CHINS WY NANTUCKET MA 02584 0055 0158 REED ROBERT R ETAL PO BOX 2122 0012 DAVES ST NANTUCKET MA 02584 0055 0154 GOMES CAROL 0220 PLEASANT ST 0143 ORANGE ST NEW BEDFORD MA 02740 0055 0155 FOX J L & DONNA M 0145 ORANGE ST 0145 ORANGE ST NANTUCKET MA 02554 0055 0287 REED ROBERT R TR PO BOX 2122 0008 DAVES ST CHAPOMISS VALLEY R T NANTUCKET MA 02584 0055 02871 REED ROBERT R TR PO 80X_2122 0006 DAVES ST CHAPOMISS VALLEY R T NANTUCKET MA 02584 0055 0288 REED ROBERT R TR PO BOX 2122 0004 DAVES ST CHAPOMISS VALLEY R T NANTUCKET MA 02584 0055 07091 HOULE, TONER & VOHS CORP BLDG C UNIT 2 009A BAYBERRY CT 1651 BERMUDA GREENS NAPLES FL 34110 0055 07092 HOULE, TONER & VOHS CORP BLDG C UNIT 2 0096 BAYBERRY CT 1651 BERMUDA GREENS NAPLES FL 34110 0055 07093 HOULE, TONER & VOHS CORP BLDG C UNIT 2 009C BAYBERRY CT 1651 BERMUDA GREENS NAPLES FL 34110 0055 07094 HOULE TONER & VOHS CORP BLDG C UNIT 2 009D BAYBERRY CT 1651 BERMUDA GREENS NAPLES FL 34110 0055 07095 HOULE TONER & VOHS CORPORATION BLDG C UNIT 2 009E BAYBERRY CT 1651 BERMUDA GREENS NAPLES FL 34110 0055 07096 HOULE TONER & VOHS CORPORATION BLDG C UNIT 2 009E BAYBERRY CT 1651 BERMUDA GREENS NAPLES FL 34110 0055 07097 ALLEN JOHN NELSON TR PO BOX 2272 009G BAYBERRY CT NANTUCKET MA 02584 0055 07081 KILVERT CHARLES A III PO~BOX 1391 008A BAYBERRY CT NANTUCKET MA 02554 0055 07082 KILVERT CHARLES A III PO BOX 1391 0088 BAYBERRY CT NANTUCKET MA 02554 0055 07083 MARINE LUMBER COMPANY 134 LOWER ORANGE ST 008C BAYBERRY CT NANTUCKET MA 02554 0055 07084 MARINE LUMBER COMPANY 134 LOWER ORANGE ST OO8D BAYBERRY CT NANTUCKET MA 02554 0055 07085 MARINE LUMBER COMPANY 134 LOWER ORANGE ST 008E BAYBERRY CT NANTUCKET MA 02554 0055 07086 *MOORE LAURA A 2 GREGLEN AVENUE - PMB 212 008E BAYBERRY CT NANTUCKET MA 02554 0055 0151 DAUPHINE CECILIA & LOBO MARY 5 DAVE ST 0005 DAVES ST NANTUCKET MA 02584 PAGE 2 MUAS750 9.2 NUMBER OF RECORDS = 50