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Home My WebLink About013-98TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: April ~ 19 98 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: Owner/Applicant: 013-98 MARIE E.~ LEMBERG 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 e W. Waine Chairman 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 64 17 1/2 Old South Road Parcel 41.3 Plan File 44-Q, Lot 5 RC-2 Deed Ref. 443/245 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., Friday, March 13, 1998, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of MARIE E. LEMBERG, of 53 Pochick Avenue, Nantucket, MA 02554, Board of Appeals File No. 013-98, the Board made the following Decision: 1. Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-9B(2)(o) (take-out food establishment). Applicant proposes to convert a portion of an existing structure that is currently being used as a laundromat/dry cleaning establishment, permitted by a Special Permit issued in BOA Case No. 078-94, as modified in BOA Case No. 013-96. The dry cleaning portion of the structure will be converted into a take-out food establishment with up to nine (9) seats. No exterior changes are planned in conjunction with the change in use and all off-street parking and loading zone requirements will be complied with. The Premises is located at 17 1/2 OLD SOUTH ROAD, Assessor's Map 64, Parcel 41.3, Plan File 44-Q, Lot 5. The property is zoned Residential-Commercial-2. 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 a favorable recommendation provided that the Applicant comply with all zoning requirements, including parking. There were no letters on file. 3. Applicant represented that she would like to discontinue the dry cleaning business, situated in the rear of the existing structure. The building also contains a self-serve laundromat that would remain after conversion of the subject space to a take-out establishment with one (1) take-out station, nine (9) seats and three (3) employees on site at peak shift. The original uses, allowed in the Special Permit granted in BOA Case No. 078-94, required eleven (11) parking spaces. Applicant provided fifteen (15) on site parking spaces and a loading zone at that time. The new uses would require fifteen (15) parking spaces and a loading zone. No parking or loading zone relief is therefore requested in this Application. No exterior changes are planned in relation to the change • •~ of use. The structure also contains one (1) apartment on the second floor. The 12' x 16' addition, constructed for use as a storage area in conjunction with the dry cleaning use and permitted in BOA Case No. 013-96, will be converted to the kitchen area for the take-out establishment. 4. Therefore, the Board finds that the conversion from the dry cleaning use allowed in BOA Case No. 078-94, as modified in BOA Case No. 013-96, to use as a take-out establishment will be in harmony with the purpose and intent of the Zoning By-Law as Applicants will meet all parking and loading zone requirements. 5. Accordingly, by a unanimous vote, the Board GRANTS the requested SPECIAL PERMIT under Nantucket Zoning By-Law §139-9B(2)(o) to allow conversion of space, currently permitted for and used as a dry cleaning establishment, to use as a take-out establishment with one (1) take-out station, up to nine (9) seats and up to three (3) employees on site at peak shift, upon the following conditions: a. all conditions, as stated in the Decision in BOA Case No. 078-94, as modified in the Decision in BOA Case No. 013-96, shall be in full force and effect; and b. There shall be one (1) commercial tenant on site, i.e., the same operator shall control both the laundromat use and the ke-out establishment. Dated: April {O 1998 Dale W. Waine -~~yl/' Linda F. illia s ~~ APR 1 ~ 1998 TIME: ? ~ 2cw0 •M ~LERK:_~. _ c FiECE1VEC TOWN CLERK'S OFFICE NANTUr'~'~T ~~n n2554 TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 NOTICE PLEASE BE ADVISED: DIIE TO LIMITED MEETING SPACE IN THE CONFERENCE ROOM/TOWN ANNEX AND THE HEAVY AGENDA, PLEASE CALL THE OFFICE PRIOR TO THE MEETING TO CHECK THE TIME A SPECIFIC APPLICATION WILL BE HEARD A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1:00 P.M., FRIDAY, MARCH 13, 1998, in the CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 WASHINGTON STREET, Nantucket, Massachusetts, on the Application of the following: MARIE E. LEMBERG BOARD OF APPEALS FILE N0. 013-98 Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-9B(o) (take-out food establishment). Applicant proposes to convert a portion of an existing structure that is currently being used as a laundromat/dry cleaning establishment, permitted by a Special Permit issued in BOA Case No. 078-94, as modified in BOA Case No. 013-96. The dry cleaning portion of the structure will be converted to a take-out food establishment with up to nine (9) seats. No exterior changes are planned in conjunction with the change in use and all off-street parking and loading zone requirements will be complied with. The Premises is located at 17 1/2 OLD SOUTH ROAD, Assessor's Map 64, Parcel 41.3, Plan File 44-Q, Lot 5. The property is zoned Residential-Commercial-2. RECEIVED ~ Q TOWN CLERK'S OFFICE Dale w. waine, Chairman NANTUCKET. MA (??_554 FEB 2 5 1998 TIME:_---- r CLERK:__ THlS NOTICE IS AVAILABLE IN LARGE PRINT O~R C~THCR ALTERNATIVE. FORMATS. FOR ASS~ISTANC;E LALL s., ,. ,. ~•~ BoA Form 1-89 NANTDCRET ZONING BOARD OF APPEALS Date TOWN AND COIINTY BUILDINC3 ' NAN`-'IICRET, MA 02554 ~~ ~ CASE No s APPLICATION FOR RELIEF owner's name(s) : ~~~~/G ~" ~t~~~ ~~~ -hG~ 4~~' ~~ ~ ~~~~~ ~ ~~ ~~S~S S~ Mailing address: ~ ,f lX Applicant's name: ,~~G Mailing address: Location of lot: Assessor's map and parcel number ~- ~/•.a Street address : 1 ~~ dL~ ~~~ ~~' Registry Land Ct Plan, Plan Bk & Pg or Plan File ~`~~"~ dot S , Date lot acquired: _•/~,~ Deed Ref ~~ ~~ Zoning district ~C Z Uses on lot - commerc 'None _ or ~ MCD? - number of: dwellings ~ duplex apartments rental rooms Building date(s): all pre-8/72? or ~ ~'~S C of O?~S Building Permit appl'n. Nos. Case Nos. all BoA applications, lawsuits: p~~- 9y~ C~1.3-~~ 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-BOA if a Special Permit (and 139-33A _ if to alter or extend a nar~con~orming use). If appeal per 139-3~A & B _ , attach decision or order appealed. OK to attach addendum . Items enclosed as part of this Application: orderl addendum2__ Locus map Site plan showing present +planned structures Floor plans present proposed elevations (HDC approved?_) Listings lot area frontage setbacks GCR parking data Assessor-certified addressee. Ii t 4 sets ma~l ni g labels 2 sets_ 200 fee payable to Town of Nantucket proof 'cap' covenant (If an appeal, ask Town Clerk to sera Bldg 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 perjury. SIGNATURE: ~ Applicant '~ Attorney/agent 3(If not own r or owner's at orney, enclose proof of authority) FOR BoA OFFICE USE 9, ,~' Application copies rec' d : 4~or for BoA on_~/ J' -=f ~~bY one copy filed with Town Clerk on~~~~~ Y complete?~ One copy each to Planning Bd and Building Dept n~/~) by $200 fee check given TownJTreasurer on~L~~byC~'~"" waived? Hearing notice posted~s~~~mailed_i~~~~~I & M~ ~~~ ,~/~L~ Hearing (s ) on~•_/_ cont' ~.~ to~~,_,, ~~_ withdrawn?~_/_ Decision due by_/~_ made~~_ filed TC~~_ mailed~,~_ See related cases lawsuits other Exhibit "A" The Applicant is seeking a Special Permit under §139-9B(o) to allow the conversion of the dry-cleaning portion of the existing laundromat/dry-cleaning establishment, permitted by a Special Permit issued in BOA Case No. 078-94, as modified in BOA Case No 013-96, to a take-out food establishment with up to 9 seats. No exterior changes are planned for this change in use and the resulting laundromat/take-out food establishment will comply with off-street parking spaces and loading zone requirements. ~3UILDING AND CODE ENFORCEMENT DEPT. TOWN BUILDING ANNEX 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 h Telephone 508-228-7222 Tele Fax 508-228-7249 January 28, 1998 ZBA 37 Washington Street Nantucket, Ma. 02554 RE: 17'/Z Old South Road Map 67 Parcel 41.1 Dear Paul: Jo n H. Dunn Building Commissioner ~C Sti/-?~~S TL.~~{~1. ~.~ ~ i.. Z..a il~1i 111b'r l- ~ B ~' The request for a change from Mercantile to Fast Food take out by Marie Lemburg will not intensify the use and parking requirements. The only changes are to be interior of equipment. The exterior will remain the same. I recommend that the special permit be granted by your agency. Yours trul , ~~ ~ ~ hn H.1~unn Building Commissioner Parking requirements for Laundromat/take-out, 17 1/2 Old South Road, Nantucket, MA 02554 Laundromat 1258/200= 6 spaces apartment 1 space employees (3/3) 1 space take-out with 9 seats 7 spaces spaces required 15 spaces spaces provided 15 spaces N. 0 :~d ZONING: is G -~~- MINIMUM LOT SIZE S, oan S,F, MINIMUM FRONTAGE: yo' ~ FRONT YARD SETBACK: do REAR & SIDE SETBACK:-r GROUND COVER RATIO: So ~o PLOT PLAN OF LAND IN NANTUCKET, MASS. SCALE 1 "_ `/o ~ TIIE STRUCTURES SHOWN ARE LOCATED AS SHOWN. or ~~`1H a,~ss~^ DATE : Tv N E ~~ i i 9 F6 ~ '~ or J.ONtJ ~,-.,,. ~ ~ J. /~ JOI~IN J. SHUGRUE INC. ~ SHUG~uE ~~ 57 OLD SOUTH ROAD J(~ 1N J /IiUGRU PLS ~ -~ ~• -'~,~?J '~' / Rf ~~w NANTUCKET, MA.02554 DATE:' TJK~r ! J~ /`~ `}~ ~. F ~U . J_ ~~ , / FOR: /~~~('/~ ~.r'/L1 L~E~'~ SSORS MAP 67 PARCEL NQ yl / ~ y`j-~`'~' bl 4 _ _ r ~ ~C / ~ •. 7 / ~ ,\ /Sc e - ~ r s Q ~. ~~/d" i e N • ~J' ti ~ L/ c ~ \~ ~ . ~ ~ ` - r S' < ~: A~ /~ i r ~ t~ 4 ~ ~ ~ ~ .~ ` / ~ 1 v r ~ ~ ~ ~_~ O « y \ / ` \ w ~ ~ ~ b(~, y on t ~ O -o 7i n ~ SOy~ ` ~ ' ~ ~d, ~ J b n y0 " °o n r Eby . a °e ` /r i O E _ ~ « 0 • ~ 111 O ~ A ~ M C ~ O O _ ITi •~ 1 N f f y ~ ~ e1 t O y A ~ o ~ « e o y f. ~ A A -_ r r - P y h p 5/. P y = w - , p f N y 1 11 r p0 « N~ ~ n ! : Aa~ `, o f o S _ ` E y m n 11 ~ ~ r„(~ n ~ ~p i~ o ~ « ~ q ~ O w° :o « o ~ y n _ iy ~a5~ / n ~`' 4 • c Y _ M H N ~ ~ 1~ y y A ~ ~ - R .. 1' ~ ''~ 4 y y n - ` ^ t . w 7. N ~ y ~ ~" n O N \~ n` N ~ y ~ ~ - + 1 0 e~ a 4 N ~ w ^ ~ ~ s y Q y _ 'G'I - C n - 1 c N a, _ PQ' ~ ~ _ ~)~ e t y 'i ~o .a ~~+ ~ y ~~ Oy ` - 3 :4 ~ ~ ~ o ~a Y ~- BoA Form ,~~.0~ NANTUCKET ZONING BOARD OF APPEALS TOWN.AND COUNTY BUILDING NANTUCKET, MA 02554 ASSESSORS LIST OF PARTIES IN T_NTEREST ~8~ 2-89 PROPERTY OWNER: r APPLICANT FOR RELIEF (SAME' ADDRESS OF PROPERTY : ~'-I ~ ~~~ ~ ~ ~ ~OU-f I1 (Zc~ ASSESSORS MAP & PARCEL: ~,.,`~1 ~-I ~ 3 LIST OF PARTIES INCLUDING ADDRESSES*(OR SEE ATTACHED ) I certify that the foregoing (or the attached-) lists all persons natural or legal, who are owners of abutting property owners of land directly opposite cn any public or private street or way; and abutters of the abutters and all other land owners within three hundred feet of the property line of Owner's property, as they ( and their address) appear on the most recent applicable tax list {per M.G.L. c. 40A, Section 11 Zoning Code Chapter 139, Section 139-29D (2)}- [ 30) 4 ~- P.ssessors Office Date Town of Nantucket *NOTE: Applicant (petitioner) should include with the lot for which zoning relief is sought, any com-ronly-owned abutting lots which might beco:~e involved in the zoning matter. List map ar.d parcels for each abutter. TOUN of NANTUCKET 02/03/98 OuNER`S MAIL;NG ADDRESS LIST 14:29:10 ' Meili Address/City State Zip ~ Property Location Nsp Stock Lot s Na~1e Ow~er's![o-O~rntr 0067 0040 NANTUCKET ELECTRIC COMPANY PO BOX 470 0002 fAIRGROUNOS RD uESreoROUGH nA 09581 0067 00411 MAURY LAIIRENCE M 6 MICHELLE B 87 POLPIS RO 0015 OLD SOUTH RD NANTUCKET MA 02554 0067 OOi12 LEMBERG DAVID A ~ ERIN M 53 POCNICK AYE 0017 oL0 SOUTH RD NANTUCKET MA QQ554 0067 0041 JORGENSEN CHESTER HAROLD ~ BOX T08 0019 OLD SOUTH RD S WINDSOR tT 06074 0067 0434 GLIDDEN RICHARD J TR 0037 CENTER ST 0007 AMEl1A DR G 6 B REALTY TRUST NANTUCKET MA 02554 0067 J 0435 ~ j GtiooEN RICHARD J TR 0037 CENTER 5T OOOS AMEUA DR G G 8 REALTY TRUST NANTUCKET MA 02554 0067 0436 NANTUCKET BANK 104 PLEASANT ST 0003 AMELiA DR NANTUCKET NA 02554 0067 0245 MURPHY PAUL G L ANN M 0005 PINE GROVE tN 0005 PINE 6ROYE LN NANTUCKET MA 02554 0054 0046 •NANTUCKET TOYN OF 0016 BROAD ST 0001 MILESTONE RD uATER coMMISS1oN NANTUCKET MA 02554 PACE 1 MUAS750 8.5 NUMBER Of RECORDS ~ 9