The URL can be used to link to this page

Home My WebLink About020-98TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: March 31 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.: 020-98 __- - . _~. Owner/Applicant: RICHARD J. MCCREADY, TRUSTEE OF SHERBURNE,ASSOCIATES REALTY TRUST, OWNER AND FOR TERRANCE NOYES, LESSEE 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. -- Dale W. Wain ~ 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 §139-301 (SPECIAL PERMITS); §139-32I (VARIANCES) ANY QUESTT•ONS, PLEASE CALL THE NANTUCKET ZONING ~~ APPEALS. _ TO CLERK'S OFFICE NANTU ~. nn ~ X25 4 APR 98 ~~'~`~' TIME: CLERK: TOWN OF NANTUCKET Assessor's Map 42.4.2 Parcel 57.1 RC ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 15 South Beach Street Land Court Plan 4737-E Cert. of Title 12,975 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, 37 Washington Street, Nantucket, Massachusetts, on the Application of RICHARD J. MCCREADY, TRUSTEE OF SHERBURNE ASSOCIATES REALTY TRUST, OWNER AND FOR TERRANCE NOYES, LESSEE, of P.O. Box 359, Nantucket, MA 02554 and c/o Rhoda H. Weinman, P.O. Box 1365, Nantucket, MA 02554, respectively, Board of Appeals File No. 020-98, the Board made the following Decision: 1. Applicant. (Noyes) is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-18A(3), §139-18B(3), §139-18C(1) (Parking Requirements), §139-20C (Loading Zone) and §139-9B(2)(o) (take-out food establishment). Applicant proposes to operate a 30-seat restaurant with one (1) take-out station with a total floor area of 1,370± square feet. There will also be a small office ancillary to the business. A total of eleven (11) parking spaces are required with five (5) spaces provided on-site. Applicant is requesting a waiver of eleven (11) spaces or a waiver of six (6) spaces with the additional relief necessary to validate said spaces. There are no exterior changes proposed and the Locus conforms in all other dimensional aspects to the Zoning By-Law. The Premises is located at 15 SOUTH BEACH STREET, Assessor's Map 42.4.2, Parcel 57.1, Land Court Plan 4737-E. 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 as the matter was not of planning concern. There were five (5) area residents who spoke in favor of the Application. There were no letters in the file. 3. Applicant, through counsel, represents that he is proposing to open a 30-seat restaurant with one (1) take-out station and seven (7) employees at peak shift. A restaurant is a permitted use in this zoning district and the take-out aspect can be considered ancillary to the restaurant but relief is sought for take-out should the Board deem it necessary. Applicant has a Lease with Sherburne Associates that provides for at least five (5) on-site parking spaces as part of said Lease Agreement, thus _a waiver for only six (6) spaces is requested as well as a waiver of the Loading Zone requirements. In response to an area resident's concern, Applicant agrees that a grant of relief could be conditioned upon an 11:00 P.M. closing hour to the public. It is also represented that there would be trash pick-up on a daily basis and that - all trash would be confined to the trash bins at the rear of the building. Additionally, there would be no outside seating and the restaurant currently has an 8-foot exhaust fan which recirculates the air inside the building eight (8) times per hour, with the system unable to be heard from outside of the structure. The building is airconditined, and the windows would be closed when the system was operating. 4. Therefore, the Board finds that a grant of relief for the proposed 30-seat restaurant with one (1) take-out station, small ancillary office, up to seven (7) employees at peak, in 1,370+ square feet of floor area, would not be substantially more detrimental to the neighborhood and would be in harmony with the purposes and intent of the Zoning By-Law. The Board further finds that a waiver of six (6) parking spaces, with the provision of five (5) spaces on-site, and the waiver of the loading zone requirement, would also be in harmony with the intent and purpose of the Zoning By-Law and relief would not be contrary to sound traffic and safety concerns. In addition, the Board finds that aspects of the current parking area, i.e., backing out (§139-18C(1), screening, driveway width, are grandfathered and do not need relief. The Board notes that the Locus conforms in all dimensional aspects to the Zoning By-Law. 5. Accordingly, by a unanimous vote, the Board GRANTS the requested relief for the project as described above, by SPECIAL PERMIT under Nantucket Zoning By-Law §139-18(A)(3), to the extent necessary, §139-18B(3), §139-20C and §139-9B(2)(o), conditioned upon the following: a. There shall be a closing time, to the public, of 11:00 P.M.; b. There shall be daily pick up of trash; c. There shall be no outside seating for customers; d. There shall be no deliveries made from South Beach Street; e. Five (5) parking spaces shall be provided on-site in conjunction with the commercial use of the Premises; f. An eight-foot exhaust fan shall be maintained to recirculate air inside; and g. The Premises shall be airconditioned with windows closed during hours of operation. 6. Pursuant to Zoning By-Law §139-23, the Board of Appeals also voted Unanimously, to approve the site plan presented for approval, prepared by Richard Earle of Nantucket Surveyors, Inc. and dated January 21, 1998. Dated: March 3i 1998 r Dale W. Waine L i n d a.~J1G` . ,/~nT i,l l i a`fi s _ RECEIVEt3 "TOWN FICE r d T o 01 e ANTI JC;KFT. MA 02554 MAR 31 1998 CLERK: l/~- _ Wil iam P. rihan, Jr. Timothy Madden TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 NOTICE THE MEETING TO CHECR 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: RICHARD J. MCCREADY, TRUSTEE OF SHERBURNE ASSOCIATES REALTY TRUST, OWNER, AND FOR TERRANCE NOYES, LESSEE BOARD OF APPEALS FILE N0. 020-98 Applicant (Noyes) is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-18 A(3), §139-18B(3) and §139-18C(1) (Parking Requirements), §139-20C (loading zone), and §139-9B(o) (take-out food establishment). Applicant proposes to operate a 30-seat restaurant with one (1) take-out station with a total floor area of 1,370+ square feet. There will also be a small office ancillary to the business. A total of eleven (11) parking spaces are required with five (5) spaces provided on-site. Applicant is requesting a waiver of eleven (11) spaces or a waiver of six (6) spaces with the additional relief necessary to validate said spaces. There are no exterior changes proposed and the Locus conforms in all other dimensional aspects of the Zoning By-Law. The Premises is located at 15 SOUTH BEACH STREET, Assessor's Map 42..4.2, Parcel 57.1, Land Court Plan 4737-E. The property is zoned Residential-~Qx~ial . TOWNRCLCERK'StOFFICE ~ NANTUCKET, MA X2554 FEB 2 5 1998 Dale waine, Chairman TIME: CLERK:_ THIS NOTICE IS AVAILABLE IN LARGE PRINT O~R OTHER ALTERNATIVE. FORMATS _ FOR _ ASSISTANCE VALL _ ~_ _, - - (.~~08~~~~~~=721 ~. -- .. . z •:: . BoA Form 1-8~9 NANTIICKET ZONING BOARD OF APPEALS TOWN AND COIINTY BIIILDING NANTIICICET~ MA 02554 APPLICATION FOR RELIEF owner's name(s) - Richard J.~ McCready, Trustee - Date CASE No~~~~q O of Sherburne Associates Realty Trustl ~ ~~e( Mailing address: P.O. Box 359, Nantucket, MA 02554 Applicant's name: Terrance Noyes ~ ~QrJC( {~~ Mailing address• c/o Rhoda H. Weinman, P.O. Box 1365, Nantucket, MA 02554 Location of lot: Assessor's map and parcel number 4Z~4.2 / 57.1 street address: 15 South Beach Street Registry Land Ct Plan, Plan Bk & Pg or Plan File Certificate s?f Title No. 12,975 2 28 87 Land Court Plan 4737E Date lot acquired: ~~_ Deed Ref _,_ Zoning district RC Uses on lot X commercial: None or MCD? No - number of: dwellings- duplex- apartments Building date(s): all pre-8/72?X or Building Permit appl'n. Nos. Case Nos. all BoA applications, lawsuits: C of O?_ State fully all zoning relief sought and respective Code sectipns and subsections, specifically what you propose compared to present and what grounds Xou urge for BoA to make each finding per Section 139-32A if Variance, 139-30A if a Special Permit (and 139-33A if to alter or extend a nonconforming use). If appeal per 139=3~A & B _ , attach decision or order appealed. OK to attach addendum . See attached addendum Items enclosed as part of this Application: orderl_ C~ addendum2~_ Locus maps Site plan X showing present +planned structures Floor plans present- proposed- elevations ~_(HDC aapproved?_) Listings lot area frontage setbacks GCR~ parking data~_ Assessor-certified addressee fist 4 sets X-ma~ling labels 2 sets 200 fee payable to Town of Nantucket,~_ proof 'cap' covenant (If an appeal, ask Town Clerk to send Bldg Comr's record to BoA.) I certify that th r ested information submitted is substantially complete and tru t 'best of my knowledge, under the pains nd penalties of p u . SIGNATURE. .` Applicant Attorney/agen _ 3(If not owner owner's attorney, enclose proof of authority) • FOR B A OFFICE USE Application copies reed: 4 ~or for BoA onv ` ! l O by// ~!_ One copy filed with Town Clerk on~,_/~i' by-~=~~~-complete?_~ One copy each to Planning Bd and Building Depto~~/J~~d yi~~~`~ $200 fee check given Town Treasurer on~/~o by_~~ic~waived? . Hearing notice poste~/~~mailed~-_/l?S I & M~/~~~~~ ~~ Hearing(s) on~_/_ cont'd to_/~_, ~_/_ withdrawn?_/~_ Decision due by~~_ made~_/_ filed TC~_/_ mailed~~_ See related cases lawsuits other rental rooms- -~- G~9-~ k ~C~) Applicant seeks SPECIAL PERMIT relief under Section 139-18 B (3) and 139-18 A (3) (parking regulations), SPECIAL PERMIT relief under Section 139-20 C (loading zone requirements) and SPECIAL PERMIT relief under Section 139-9 B 2 (o) (take-out food establishment). ~ Applicant proposes to operate a restaurant in the structure most recently housing the business known as "Chanticleer To Go". There will be thirty (30) seats inside and one (1) take-out station. The total floor area is 1,370 square feet which will consist of the tables and chairs, kitchen and small office ancillary to the business. A total of eleven (11) parking spaces are required (5 for one take-out station, 4 for the 30 seats and 2 for a maximum of'~'employees). There are five 9 X 20 spaces provided on-site as part of the Lease Agreement. Although they comply to the dimensional requirements, they do not comply with the aisle width. Thus, we are requesting a waiver of 11 spaces or, in the alternative, a waiver of 6 spaces and a waiver of the aisle width. In addition, to the extent deemed necessary to validate the grandfathered loading zone requirementg,relief is so ht f om the loadi~ zone r ~q~ir~em a"^°Q c~-?,2.~-,8 ~ q ((oc.V ~/ (.r' ~'10.-~°~i ~ ~a~' 0~17~ t~i.~.~ ~/..~~cc There are no exterior changes proposed. Locus is conforming in all aspects except for parking and loading zone requirements. The premises are located at 15 South Beach Street, Assessor's Map 42.4.2, Parcel 57.1 as shown on Land Court Plan 4737E. The property is zoned residential- commercial. ~ `. ~' N- 100, 000 ~ t E, ~ ts`,tfa~%~ ~ aR A ~ft V ~Ar ~ ~tEW ' • ~ .. MAF(Oal . _ t 57.1 :1: ~ flf as i~ ,~ iA y,l - • ~. t ~,. ~ 11 ,•,. ,a ~ f ~ - Ftr'' - t• W W t ' '`-•,t ~ ~ - }-~ I - _ ~ of . i ' ~ "' ~ M i ~ T ' D ' • .. /' ~ ~ ~ - ~ / .. ~ / F t~. ft Aa of ~ / 4 ' ~ !s' 'A ' 0 ao rw to cftt waMYY ,,. ao ,~yyv ` F" ~ ~ ~' ` ~ oo L ` t ao ~~ ~ 8 J fS,- N , t ~ t •- , {` { .. s u' 4 t (a~' • t .fa ' ~ ~ as yyj44 ~ ~ fT[, tt ; f t~ . , 1 fo ' as at!'ya at y `ct ~ ~ l f• ~ to .a 411 fp.i [~` M as t as y'+b ~ .1 ~ tl ~ fTIE[LT s .t +a.+fat ~ Yf ~'~~ _ ~ A f N tt a ,Y ` ~~~? t . ~ 71 ~ I to ~~-~ as Z ~ i to ` ~ ~ L^S ~' 11 f ~ .. A O ~ a a ~.-yt' / A ~ '~ ~ t ~ . AfN ~ tt at I tt taVC w1a a` -aa . _ ~ tVtftY N 7t ~ +^ waw M.I _ ~ ' as ~: J, - 17 - - ~ ,,. p0A0 ~ ~ d 4~ al . ` ~+ aE ttr ~( ;~ A , ) - to ,. ~ `- ~ tf d • " r 7f . W 11,1 T t s s 0 ,/ V. ff. ~ ~ rA t ~ Y ~ wt,ECwt W TNf, f s wA 1+, ,A. 6 47 ~ twt 70tH of of pcµ ,) Yw o 1 wt'1 ,. W r s trp Cow arw -+a t a ~ w. ~ AO O ~ ~ O N / to . O~ y Po t r.. O lk ~ ~ ~ V It ~ tt ~ L t' ft twt,t`pwM ~ s as t1 a ~l ~• 1P yl Jrf 7t pt AE ~~ W~ ,w41 {a Y ta, a~~ a tat a{, i y-p~ ~ n ~ ~ M ~ fA 'p w. • f I F O O ~f ~, W o.E.l_1 REVISI •IF •ECfI D•I! P•ECEI OA7 MPCEI LEGEND fat.l_,' u,t.l-a' ~ f ~ r~1 I ~1 L~,~ fR,f.l-E ~~~~~~ (~,~ ~~ 1~~~( ~ ~( ~ r : ~ ~~~ N~hT~UCI~~ : : . ~~~ l at t l 1 ~ _"^'~ ltiti( ~ 'ti, l~'1~'~l~C' ~ .1t 1 INEORMATION SIIOWN HEREON WAS onwwa COEA/IlEO iROM•AERIAI -MOTOGIIAPMS. DEEDS, ~ -k.l. ~l~foo~ ~~ ANO P/AN5 Of RECdID AND IS NOT TO LE ~ --N ~ w r » ~ r ' ~•~ ' CONSTRUED AS HAVING SUFFICIENT ACCUR• ~' ur•a~ ~ k•M w r ,'~ o i' AGY FOR CONVEYANCE. ~~-- w.. ,;.~ M-' BoA Form NANTUCKET ZONING BOARD OF APPEALS TOWN.AND COUNTY BUILDING NANTUCKET, MA 02554 2-89 ASSESSORS ~_LIST OF PARTIES IN INTEREST PROPERTY OWNER: Wa IT ~ ~ ~~Sn~ ~ ~V ~`~~- APPLICANT FOR RELIEF (SAME? ) Rl~d0. ~' V~'~'~n~'n ADDRESS OF PROPERTY: ~~ S • ~~-GI/1 S~~ ASSESSORS MAp & PARCEL: ~~,~~. - 5~' LIST OF PARTIES INCLUDING ADDRESSES* (OR SEE ATTACi?ED ) I certify that the foregoing (or the attached-) lists all persons natural or legal, who are owners of abutting property owners of land direct~y opposite cn any public or private street or way; and abutters of the auutters 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 recer_t applicable tax list {per M.G.L. c. 40A, Section 11 Zoning Code Chapter 139, Section 139-29D (2)}- Date Assessors Office Town of Nantucket *NOTE: Applicant (petitioner) should include with the lot for which zoning relief is sought, any commonly-owned abutting lots which might beco:~e involved in the zoning matter. List r.:ap and parcels foY each abutter. t- • 01/20/98 TOWN OF NANTUCKET 14:34:54 OWNER'S MAILING ADDRESS LIST Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Location 4242 0003 HESS WALTER R TR PO BOX 1139 0019 N WATER ST C/0 WHITE ELEPHANT RESORT NANTUCKET MA 02554 4242 0007 HESS WALTER R TR PO BOX 359 0011 S BEACH ST SHERBURNE ASSOCIATES R T NANTUCKET MA 02554 4242 00071 HESS WALTER R TR PO BOX 359 0000 S BEACH ST SHERBURNE ASSOCIATES R T NANTUCKET MA 02554 4242 00072 HESS WALTER R TR PO BOX 359 0000 S BEACH ST SHERBURNE ASSOCIATES R T NANTUCKET MA 02554 4242 0057 HESS WALTER R TR PO BOX 359 0005 S BEACH ST SHERBURNE ASSOCIATES R T NANTUCKET MA 02554 4242 0058 HESS WALTER R TR PO BOX 359 0009 S BEACH ST SHERBURNE ASSOCIATES R T NANTUCKET MA 02554 4242 00581 HESS WALTER R TR PO BOX 359 0000 S BEACH ST SHERBURNE ASSOCIATES R T NANTUCKET MA 02554 4242 0008 NANTUCKET YACHT CLUB PO BOX 667 0003 HARBOR VIEW W" NANTUCKET MA 02554 4242 0055 *NANTUCKET TOWN OF 0016 BROAD ST 0001 SEA ST NANTUCKET MA 02554 4242 0056 SANGUINETTI LUCILLE 0020 LIBERTY ST 0006 S BEACH ST NANTUCKET MA 02554 4242 00572 HESS WALTER R TR PO BOX 359 0000 S BEACH ST SHERBURNE ASSOCIATES R T NANTUCKET MA 02554 4242 0010 NANTUCKET YACHT CLUB PO BOX 667 0001 S BEACH ST NANTUCKET MA 02554 4242 0009 *NANTUCKET TOWN OF 0002 BATHING BEACH RD 0015 HARBOR VIEW WY C/0 PARK & REC NANTUCKET MA 02554 4242 0059 NANTUCKET YACHT CLUB PO BOX 667 0004 S BEACH ST NANTUCKET MA 02554 4242 0011 NANTUCKET YACHT CLUB PO BOX 667 0001 S BEACH ST NANTUCKET MA 02554 4241 0034 BUTLER LINDA M TRUSTEE #4 MAIN ST 0078 EASTON ST THE BUTLER NOMINEE TRUST AMHERST NH 03031 4241 0033 TAYLOR NANCIE B 0076 EASTON ST 0076 EASTON ST NANTUCKET MA 02554 4241 0032 HALLERAN ARTHUR J ETAL TRS PO 80X 359 0072 EASTON ST SHERBURNE ASSOCIATES RTY TRUST NANTUCKET MA 02554 4241 0031 GRIGGS SYLVIA 0044 CLAYPIT HILL RD 0002 HARBOR VIEW WY WAYLAND MA 01778 4241 0064 BOWMAN ROBERT B & BARBARA A TR PO BOX 628 0002 N BEACH ST BOWMAN NOMINEE TRUST NANTUCKET MA 02554 4241 0089 NYREN GEORGE F TR PO BOX 1451 0001 N BEACH ST NYLEE TRUST WESTBORO MA 01581 4241 0063 GULBRANDSENS G P 0002 MAIN ST 0066 EASTON ST PO BOX 5523 CLINTON NJ 08809-5523 4241 0062 VALENTIS MARY 5 LOWER SAGE HILL LN 0008 S BEACH ST MENANBS NY 12204 4241 00621 MORE CHARLOTTE V TRUSTEE 2100 KINGS HIGHWAY 0001 MACKAY WY NO 739 PORT CHARLOTTE FL 33980 4241 0061 HALLERAN ARTHUR J ETAL TRS ZERO MAIN ST 0064 EASTON ST SHERBURNE ASSOCIATES RTY TRUST NANTUCKET MA 02554 4241 0030 MORE DAVID B & GAIL D 0004 HARBOR VIEW WAY 0004 HARBOR VIEW i;' NANTUCKET MA 02554 PAGE 1 MUAS750 8.5 -~ . 01/20/98 TOWN OF NANTUCKET 14:34:54 OWNER'S MAILING ADDRESS LIST Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property LocaticR 4241 0028 MABBETT HAUTHAWAY JR ETAL PO BOX 205 0008 HARBOR VIEW WY ROXBURY CT 06783 4241 0060 HESS WALTER R TR PO BOX 1139 0060 EASTON ST C/0 WHITE ELEPHANT RESORT NANTUCKET MA 02554 PAGE 2 MUAS750 8.5 NUMBER OF RECORDS = 28