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HomeMy WebLinkAbout024-98TOWN OF NANTUCKET BOARD OF APPEA LS NANTUCKET, MASSACHUSETTS 02554 Date: To: Parties Decision of following: in Interest and. Others the BOARD OF APPEALS in April Zg' 1998 concerned with the the Application of the Application No.; 024-9g Owner/Applicant: EDWARD NOTIS~•MCCONARTY, TRUSTEE OF IV AND X BROAD STREET REALTY TRUST. OWNER AND FOR MAINE n~H~~r~xs COFFEE, LESSEE Enclosed is the Decision of the BOARD OF APPEALS which this day been filed in the office of the Nantucket Tow Clerk. has n An Appeal from this Decision ma Section 17 of Chapter 40A 1' be taken pursuant to . Massachusetts General Laws. Any action appealing the pecision must be brought b filing an complaint in court within TWENTY this da y y's date. Notice of the action with a20o days after complaint and certified copy of the Decision must be the (20) days. given to the Town Clerk so as to be received within such TWENT Y Da W. Waine ~, Chairman RECE11/E[3 cc : Town C1 erk ~®~ N ~~~RK'S OFFICE Planning Board T ~~~ 02554 Building Commissioner APR ~ 8 1998 TIME: PLEASE NOTE: MOST SPECIAL PERMITS AND Rq LIMJT AND WILL EXPIRE IF NOT ACTED UPO~~C ORDING~ ZONING BY-LAW X139-301 (SPECIAL PERMITS _ ANY QUESTIONS, PLEASE CALL THE NANTUCKET~ZONING32IT(VARIANCES) 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 42.4.2 4 Broad Street Parcel 65 Land Court Plan 8755-F, Lot 14 R-C Cert. of Title 15,076 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 EDWARD NOTIS-MCCONARTY, TRUSTEE OF IV AND X BROAD STREET REALTY TRUST, OWNER AND FOR MAINE ROASTERS COFFEE, LESSEE, c/o Vaughan and Dale, P.C., Whaler's Lane, Nantucket, MA 02554 and 92 Vestal Street, Nantucket, MA 02554, respectively, Board of Appeals File No. 024-98, the Board made the following Decision: 1. Applicant (Maine Roasters Coffee) is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-9B(2)(o) (take-out food establishment). Applicant proposes to use 250+ square feet of an existing commercial structure as a coffee shop that would consist of one (1) take-out station with no customer seating. There will be a maximum of three (3) employees in the shop at peak shift. The new use would require six (6) parking spaces. The current uses in the structure consist of the subject 250+ square-foot retail space (previously used as a t-shirt shop), a vacant 120+ square-foot retail space and Nantucket Bike Shop, which use is benefited by a grant of relief in BOA File No. 024-92. The Locus is non-conforming as to lot size having an area of 3,606+ square feet in a district that requires a minimum lot size of 5,000 square feet; as to side yard setback with the structure being sited less than one (1) foot at its closest point from the easterly side yard lot line and at zero feet from the westerly side yard lot line, in a district that requires a minimum of five (5) feet; as to ground cover ratio, with the Lot having a ground cover of 2,431+ square feet or 67.4+% ground cover ratio in a district that allows a maximum ground cover ratio for undersized lots of 30%; and as to parking and loading zone. Applicant further seeks a SPECIAL PERMIT under Nantucket Zoning By-Law §139-18B(2) and (3) (Parking Requirements) waiving all required on-site parking spaces for the proposed use and under §139-20C (loading zone). The premises is located at 4 BROAD STREET, Assessor's Map 42.4.2, Parcel 65, Land Court Plan 8755-F, Lot 14. 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 a favorable recommendation on the condition that the conduct of the business be confined inside the premises. There were no letters on file. A floor plan and surveyed plot plan were required by',~he Board prior to any - filing of a Decision in this matter, which were so provided subsequent to the Hearing. 3. Applicant, through counsel, represented that the subject 250+ square feet of retail space can be documented as having existed separately from the pre-existing primary use of the premises, i.e., Nantucket Bike Shop, as early as 1974, and has been maintained consistently as separate space since then, used alternately as a diner, a bakery, and various retail establishments, most recently a t-shirt shop. No Special Permits from this Board, validating the separate use of said space, were shown to have been issued. Applicant now seeks to validate the separate use of the 250+ square feet of space, located in the northeasterly corner of the structure, by this Application. The premises also contains a small 120+ square-foot space in the northwesterly front corner of the structure that has been used in conjunction with the automobile rental business, but is currently vacant. Applicant will have one (1) take-out station with a maximum of three (3) employees on site at peak shift and will offer coffee-related beverages and products, and pre-packaged baked goods, as well as certain items of apparel, such as t-shirts and baseball caps, that would bear the business' own logo. Applicant further represented that the shop is located in an area, specifically Lower Broad Street, that contains several "fast-food" type take-out establishments with the target customer being primarily walk-by pedestrian traffic with noo~hsite parking being provided by any food-service estatlishment and with a number of on-street loading zones proximate the Locus that would be available for deliveries. In response to concerns expresesd by the Board Members, Applicant agreed to provide a trash receptacle inside the shop as well as police the surrounding exterior area for litter and debris associated with his business. Applicant pointed out that there were several trash receptacles located across Broad Street that were serviced regularly by the Nantucket Department of Public Works. 4. Therefore, the Board finds that a grant of the Special Permit under Nantucket Zoning By-Law §139-9B(2)(o) to opertae a take-out food establiehment at this specific location would not be substantially more detrimental to the neighborhood than the exiting use and would be in harmony with the purpose and intent of the By-Law as well as the other uses along this portion of Lower Broad Street, which is made up of fast-food establishments and bike shops primarily catering to pedestrian traffic. As to parking and loading zone relief, the Board finds that a grant of Special Permits waiving the required six (6) on-sute parking spaces and loading zone would be in harmony with the purpose and intent of the By-Law and would not be contrary with sound traffic, parking or safety considerations. It is physically impossible to provide the requisite spaces and loading zone on site. The Board takes note of the fact that there are several on-street designated loading zones proximate the Locus that are available for deliveries to area businesses. 5. Accordingly, by a unanimous vote, the Board GRANTS the requested SPECIAL PERMIT under Nantucket Zoning By-Law §139-9B(2)(o) to operate a "take-out food establishment with one (1) station and up to a maximum of three (3) employees on site at peak shift, in relation to the business operating within the subject 250+ square feet of space, and further GRANTS a SPECIAL PERMIT under Nantucket Zoning By-Law §139-18B(2) and (3) waiving all six (6) required parking spaces required by the new take-out use, and a SPECIAL PERMIT under Nantucket Zoning By-Law §139-20C waiving the off-street loading zone requirement, upon the following conditions: a. There shall be no customer seating in conjunction with the take-out food establishment; b. There shall be no curbside food service, i.e., the take-out food counter shall be located within the leased premises with no window service directly to the street/sidewalk area; and c. No other uses, other than as a bike shop (and those uses ancillary to that use allowed in BOA File No. 024-92) and as permitted herein within the subject 250+ square feet of space, shall be permitted upon the premises without further relief from this Board. Dated: April Z.$, 1998 Dale W. Waine Linda F. Williams V V ~~ 11 01n Q t~~+ William Hourihan, Jr. 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: DUE TO LIMITED MEETING SPACE IN THE CONFERENCE ROOI~/TOWN ANNEX AND THE HEAVY AGENDA, PLEASE CALL THE OFFICE PRIOR TO THE MEETING TO CHECK THE TIME A SPECIFIC APPLICATION HILL 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: EDWARD NOTIS-MCCONARTY, TRUSTEE OF IV AND X BROAD STREET REALTY TRUST, OWNER AND FOR MAINE ROASTERS COFFEE, LESSOR BOARD OF APPEALS FILE N0. 024-98 Applicant (Maine Roasters Coffee) is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-9B(o) (take-out food establishment). Applicant proposes to use 250+ square-feet of an existing commercial structure as a coffee shop that would consist of one (1) take-out station with no customer seating. There will be a maximum of three (3) employees in the shop at peak shift. The new use would require six (6) parking spaces. The current uses in the structure consist of the subject 250+ square-foot retail space (previously used as a t-shirt shop), a vacant 120+ square-foot retail space and Nantucket Bike Shop, which use is benefited by a grant of relief in BOA File No. 024-92. The Locus is non-conforming as to lot size having an area of 3,606+ square feet in a district that requires a minimum lot size of 5,000 square feet; as to side yard setbacks with the structure being sited less than one (1) foot at its closest points from both the easterly and the westerly side yard lot lines in a district that requires a minimum of five (5) feet; as to ground cover ratio having a ratio of 64+% in a district that allows a maximum of 30% for undersized lots; and as to parking and loading zone. Applicant further seeks a SPECIAL PERMIT under Nantucket Zoning By-Law §139-18B(2) and (3) (Parking Requirements) waiving all required parking for the proposed use and under §139-20C (loading zone). The Premises is located at 4 BROAD STREET, Assessor's Map 42.4.2, Parcel 65, Land Court Plan 8755-F, Lot 14. The property is zoned Residential-Commercial. TOWN CLER SEOFF fCE ~ NANTUCKET, MA 02554 Dale W. Waine, Chairman FEB 2 5 1998 TIME: C~.ERK:__ BoA Form 1-89 NANTIICRET ZONING BOARD OF APPEALS TOWN AND COUNTY BIIILDINf3 • Da e NANTUCKET, MA 02554 G CASE No lI • APPLICATION FOR RELIEF Owner's name(s) : Edward Notis-McConarty Trustee (Lessor) ~~-~ ~(~S'~~ Mailing address: c/o Vaughan and Dale P.C. 'Whaler's Lane, Nantucket, MA 02554 Applicant's name' Maine Roasters Coffee (Lessee) Mailing address: 92 Vestal Street Nantucket, MA 02554 Location of lot: Assessor's map and parcel number42,4.2- 65 Street address: 4 Broad Street, Nantucket Registry Land Ct Plan, Plan Bk & Pg or Plan File 8755-F Lot 14 C.O.T 1 ,076 #55,092 R-C Date lot acquired: ~15 91 Deed~Re~ _,_ Zoning district Uses on lot - commercial: None _ or ,MCD?_ - number of: dwellings- duplex- apartments- rental rooms- Building date(s): all pre-8/72? Yes or C of 0?_ Building Permit appl'.n. Nos. Case Nos. all BoA applications, lawsuits: BOA File # 024-92 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, 139-30A if a Special Permit.(;an~1.139-33A ~ if to alter or•••ex~end 'a nonconforming use) .' Yf appeal per '139-3~A & B _ , attach decision or order appealed. OK to attach addendum . SEE ADDENDUM ATTACHED HERETO I I Items enclosed as part of this Application: orderl addendum2 ~ Locus map x Site plan x showing present +planned "structures Floor plans present g proposed x elevations (HDC-approved?_) • Listings lot area frontage setbacks GCR parking data Assessor-certified addressee ist 4 sets ma~l ni g label$$ 2 sets 200 fee payable....to_.~awn ••of Nantucket' proof • •' cap' Cc5~ienant - • (If an appeal, ask Town Clerk to sen3 Bldg Com s record to BOAT I certify that the requested information submitted is substantially complete and t ue,to th bestvof my knowledge, under the,~a~.ns, and peYialties of p rjury'. ""' "' • SIGNATURE: pplicant Attorney/agent g Will am F. un er, Esquire 3(If not owner or o n 's attorney, enclose proof of authority) FOR BgA~OFFICE USE Application copies recd: 4 /_ or_ for BoA on~ _ by• r One copy filed with Town Clerk on~ ~/_ by '• complete?~~ One copy each .•to glanning . Bd and Building„ De'~t~ ~ ~b~ $200 fee check given•Town reasurer on~ !/_ by aived?_ Hearing notice poste~_/~~mailed~_J- ~~~I & M~i~~ ~~ ~~ ~15 :rry Hearing(s) on,_/_/_ cont'd to_/~_, ~~_ withdrawn?~~_ Decision due by~_/_, made_/~_ filed.TC~~_ mailed~~_ See related cases lawsuits other Edward Notis-McConarty, Trustee (Lessor) Maine Roasters Coffee; Rand Smith, President (Lessee) 4 Broad Street Nantucket, Massachusetts 02554 ADDENDUM The Applicant, Edward Notis-McConarty, Trustee, seeks a SPECIAL PERMIT, pursuant to Nantucket Zoning By-Law, Section 139-9B(2)(o) to allow a coffee shop [Maine Roasters Coffee] consisting of a take-out counter with no customer seating for purchase of coffee related drinks and coffee products. Applicant also seeks a SPECIAL PERMIT waiving the off-street parking requirements pursuant to Nantucket Zoning By-Law, Section 139-18B(2) and (3). Additionally, Applicant seeks a SPECIAL PERMIT waiving the requirement of providing off- street loading facilities pursuant to Nantucket Zoning By-Law, Section 139-20C. The Premises include apre-existing, non-conforming lot of record containing 3,606+/- square feet in a Zoning District with a minimum lot size of 5,000 square feet and athree-story wood frame building non-conforming as to side yard setbacks, having no setbacks from the westerly and easterly lot lines in a Zoning District that requires 5 foot sideline setbacks. The Premises is non-conforming as to ground cover, having a ground cover ratio of 64+/-% in a Zonin District that allows a ground cover no greater than 50% of land area. 3vfo UrcC~.-~~ ~d~s The current uses in the building consist of a 250+/- square foot area proposed as the location for Maine Roasters Coffee, presently a t-shirt shop; the Nantucket Bike Shop, renting bicycles, mopeds, and automobiles; office space and storage therefore; and a vacant shop approximately 120 square feet in size. The take-out counter staffed by two employees on peak shift requires 6 off-street parking spaces. It is physically impossible to provide these spaces on premises or off site. Applicant seeks a SPECIAL PERMIT waiving the requirement of providing 6 additional off-street parking spaces pursuant to Nantucket Zoning By- Law 139-18B(2) and (3). Compliance with the parking requirements at this location on Broad Street in Nantucket Town is physically impossible for the Applicant to provide. Additionally, such relief would be in accord with the general lack of off-street parking on that portion of Broad Street in Nantucket Town. Additionally, Applicant seeks a SPECIAL PERMIT pursuant to Nantucket Zoning By-Law 139-20C waiving the requirement of an off-street loading facility. The Applicant states that the provision of off-street loading facilities as required by the By-Law is physically impossible to provide. This relief may be granted and is in harmony with the general purpose and intent of this By-Law. There are already an number of loading zone reserved areas on Broad Street and South Water Street which would be available for use by the lessee, Maine Roasters Coffee. Applicant also requests a SPECIAL PERMIT pursuant to Nantucket Zoning By- Law, Section 139-9B(o) to allow this 250+/- square foot space to be used as a take-out food establishment serving coffee, coffee drinks, and selling coffee- related items. It is the Applicant's position that, in fact, a coffee bar is a less intense use and would create a lesser burden on the infrastructure of Broad Street than a t-shirt shop and would be in harmony with the other uses that currently exist generally in that portion of Nantucket Town and specifically, on that part of Broad Street. The above SPECIAL PERMITS and waivers may be granted by this Board inasmuch as the requests for relief are in keeping with the general uses in existence in the neighborhood, are in harmony with the intent and purpose of the Nantucket Zoning By-Law, and will not derogate from the intent and purpose of the Nantucket Zoning By-Law. HUNTER\mcradden EDWAED FOLEY VA~GHAN KEVar F. DALE A~.sox Sw~r Z~x w~ F. HuxTEa VAUGHAN AND DALE PROFESSIONAL CORPORATION ATTOBNEYS AT LAW WxAi.E&~s LAxE P.O. Box ssa NA_tiTIIG%ET, MA.SSACHL;SET15 02554 TII:15081228^4455 FAg;15081228-3070 January 28, 1998 Stephen J. Butler, CBO Local Inspector/Plans Advisor Nantucket Building Department 37 Washington Street, 2nd Floor Nantucket, Massachusetts 02554 RE: Maine Coffee Roasters, Proposed Take-Out Service at 4 Broad Street, ZBA Matter, Nantucket~Massachusetts 02554 Dear Steve: Further to our conversation yesterday morning concerning the coffee take-out service proposed for Broad Street [Nantucket Bike Shop Building], it is my understanding that, in your opinion, this change of use from a t-shirt shop to a take-out coffee store with no seats would be a Project Exempted From Nantucket Zoning By-Law, Section 139-23, Site Plan Review. As I understand our discussion, you feel that this proposed change of use would be exempt pursuant to subsection C (3) of the above-referenced By-Law. Please indicate your agreement with my understanding of our discussion by countersigning this letter in the space provided below and faxing a copy of the letter back to me at your earliest convenience. Page 2 January 28, 1998 Mr. Stephen J. Butler, CBO Maine Coffee Roasters -Proposed Take-Out Service at 4 Broad Street Thank you for your time with me on this matter. Sincerely, 1 William~3unter, Attorney for Maine Coffee Roasters WFH/gmd Stephen J. Butler Nantucket Building Department, Plans Advisor HUNIER1MCRjan28.17 ~_. ,• ~o _ / ,i ~~ / ~ ~ i i i ~ %~~ Fz ,~ ~~ MAP 42.4.2 PARCEL 65 ~ T ~/ ~p~ ~~~~~~~ U / # ~a •~ ~ r ~ • .' t. ,., C ,.,. •' .s M~»~~ow~~ a SN` tOrM 1 `MN'•`j'MZ9 a `O, tNt I/ ~. Z r ~N~• 1 ~ 3 . 99 V ~~, o~ ~ 1 1 BZpE~t u :s I~r -~ I ~ ~i ~ ~ `~ fa Z , ~ v O Z ~p 66 ~ 9t ~ II ~ ~ ~ °„ 93 f- ~[ y 6= y W ~ it ~ w AY ` ti TZ ,- 6 ]f ' n t Y " ; 99 r' f ~ ~ 61 M H ~'~ I! 99 ~Q ~ To s~ zo ~ \\\j\y,~,Q/J-J `o ,t J ~O 26 Z ? i ~~ a,, ~o'+ Q v o _ ~ } ^q~ a ~,,V ~ ~ A 11 ~tlltl L! ~''l~t)~1'il ~t.»cl (-.~Ullllt~~- cat' ®o W SCHOFIELD BROTHERS. INC. ~~ ` z •?~ ~ -ROFESSIONAL ENGINEERS • REGISTERED IAND SYRYEYORS ~ ~ :T C 7~~ FEDERAL ST., NANTYCRET, MASS. Z v O _ SET ~N titi~l~C'lllt~ ~~I~1t~tiiL('~1lttiE'ttl~ ~~ ®~W ~ ,r t 1 i^ 'fin` p N N E 9J f0 ~' •; J 9001 FOSt[R ,: C~ V :,.~ It0 ~ }Rw tu7[~O~ N to ~'''' r~..r 90 ~OI TtP t' L Me:••c Scole ! M MHIN itol. ~ '-• ~' N N MN -, p~ IMN., •ti r'IH 1 rJt !-'UH5 ~ tr5 h H: ~>~i -b-~b-~Jy`J5 F'Flut _ George W. JonAB ~ g~='Ye~t02' . • January - 1960 ~T~ ~L Rrv F~~r s~o~ ~. s, ~~ T'~' ~ °~°' F ~ 3q h c w • ~`~ ~ 6 : 9J 4 ~ ~ ' 12 awe ep - t r~ ~ h j ~~ ~~~ ~ ~ t !~ ~ !~~ d. I~ s c r~ ~ ~ ~~ t~ ~ p -~v ~ ~ .. 10 ~ ~~crt !1993 "~ O aAwt7t+ctf~'~° o- he S ~ • 11 B • >~ .~-~ ~~ ~ ~+ e~ e? KM ~ ~ ~ Q /~ ± ~ ~. W ~~ ~ ~ ~ 4.16 N f~ w ~ '~ ~ ~ ~ ~ •~ x ~ .~ 3. ~,,,, ~ ~,n ~ ~ ~.~~~:•~ "'~; WAY ~ ~, !• Z 3e ~ - RESIDNTL JoI,~VU 159,600 ""' TAX DUE 2,734.73 MCCLURE FREDERICK P 5 MARGARET TOTAL VALUE 520.90) AMOUNT OUE 21734.73 __ __-_. _. 8~- ~ 1500 fLEET CNTR ~ 33. THIRD GTR 843.94 FOURTH GTR 683.93 0036 UNION ST R J - So FT 1 ---------------------- ---------------------- -------------------------------- - Ax ~~<19.3T -- --_ .. MCCLUSKEY KATHERINE ANN n L RESIDNTL 231,700 SOJ 598 TAX DUE AMOUNT DUE 3,089.63 3.089.63 __ -- OD34 TERRY RD TOTAL VALUE , , Li I A AX 69.66 t ~ THIfiD QTR 809.99 FOURTH GTR 809.93 _ 0003 TRADERS IN R Sv FT - _ 1 e~. MCCLUSKEY STEPHEN C 1 LOCKLEY CONVEN FOJO 22130) 172.10) TAX DUE ANJUAT DUE 113b5.e9 11345.69 K E N D R A dESIDNTI "T~i~"r~' ~ RECI7fiRXX1rTA7C"-- -761Z~ --~ - ~ TOTAL VALUE 296.200 THIRD GTR 312.12 . NANTUCKET MA 02554 RES EKEMPTION 8D,393 FOURTH QTR 312.11 . dK & PG 0042)-0287 07/14/V3 ------------ --------- 2)1430 --------- L ---- --------------- ~• ~ ----------- --------------------- -- ---------------------• ----------- JOO7-1956 1~1u 1145 4 SINGLE FAMILY 77.100 700 72 TAX - TAX DUE 736.45 786.45 MCCLUSKEY STEPHEN Cs KENDRA RESIDNTL y~-' , -TL>Ti 307- ----Al'fOIIAT-BUE --- -T~3Z~ _____-- - -TUSi~7 ~ NET VALUE 14913JU 7R_Lii~INAaY TAX 416•E7 u 5 OTOKuMI RD THiRJ :TR 104.79 NANTUCKET 1A C2i54 ._--------- ----------- ---. __..FIIURTli"-GTK ~ ----- -----tL4:"79 - 0005 OTOKOMI RD R S~ FT o< d PG 0042E-0323 07/li/93 9.792 --- ---==-----=---------" ~~ 000130) TAX 7,411.0': ,: 4242-U6G 32iu 1105 3 -- CJhVEN FUJJ ----- - _---~?IUUO _-.._--TA~l-DUE - - 7.{11.6+ LY'1TAYt7T--gD~t1CRTT":POTTS~-T1r-~-- - TII7D1cR:C. TOTAL VALUE 763.300 AMOUNT DUE 71411.64 C/0 CAMERON riILLIAM NET VALUE 7e3130) PRELIMINARY TAX 41041.96 " - " - . OJ04 BROAD ST _ _ __- ---TRTR D-4T8"----- : EL bEL --1: CX:E?--- FOURTH ~Td t.o34.d: ~ k ,. 0010 bRDAD ST iG FT ' -- - ------ _ -- -_ j-gY-7G--PG---t~T3~•QT3---,t7~t',T9T- ---rZ QO ---- - ----------- ---------------------- ---------------------- . LAND BUI - LDING C --------------- UHk W E TOT VALUE VAL EXEMPT TAX NET VALUE ~69~1t --- ' TAX EXEMPT ASS: __ - LOUNT ' frfi -$ i73 -~fY549-- Y r2 --~2tb~- ~, .J :! 12/16/97 13:25:30 iO.N OF NANTUCKET TAX COMMiT'SENT dJJK REAL ESTATE FOR FISCAL 1998 ~ MCCONARTY EDWARD NOTIS TR C/0 CAMERON YILLIAH ~ NANTUCKET. MA 02554 TAX YEAR 07/01/97 TO 06/30/98 1 CJMMERC. 140.400 TAX DUE TOTAL VALUE 7401800 AMOUNT DUE • THIRD VTR FOURTH GTR L><ST2 TAX RATE 5.25 5.05 7.193.17 71193.17 ___ --'-- .. 1.258.91 11259.90 ---~ -- - ~ d< 3 PG [0015-075 11/26/91 310 0 --------------------------------- ~~ ~' ~1 1 1 0030-232 1010 1186 2 SINGLE FAMILY 967120D 39,70D TAX TAX DUE 5,246.23 -- 5.286.23 M000NNELL BARBARA B RESIDNTL ~ Ic NET VALUE 1.006.900 PRELIMINARY TAT( 1~~22.77 OOD7 MEISNER DR THIRD +TR NOYATO CA 94947 ~ • 0014 HINCKLEY LN R ACRES BX'i P6 [0008-348 07/00/78 2.74 ------ ---------------------- TAX 1,517.74 1J21 7324-032 1146 3 CONDOMINIUM 1 - TOTAL VALUE 299110D AMOUNT DUE 1.517.78 23 PARK AVE - APT 3-S NET VALUE 2891100 PRELIMINARY TAX 651.50 APT.3-S FOURTH QTR 333.09 0010 MAIN SIAS Si R ACRES Y T d AILEEN M RESIDNTL 1 198,900 TAX D'JE E 11565.14 11569. 8 MCCONNELL JA TOTAL VALUE 70) 293 AMOUNT DU 10 riDOJLAND DR ; THIRD OTR 355.78 FOURTH GTR 350.77 :0010 400DLAND DR R SG FT -- 1 -' - ---------------------- • - -- ~ ~pHTUCh-~T E o 2 ~N. ~~`"1 c~Rp~P ~ ,~~ TO`'~N OF NA~UCKET RD O~ APPEALS BOA NANTUCKET, MASSACHUSETTS 02~~~ Date: ~~~ ~ ~ 19 9 2 ~~~~ SPECIAL PE?MIT r Chapter 40A, Section 11) - CERTIFICAhusetts?General0--a sX~ (Massac the TOZ~'J Or NANTUCKET, hereby certif ies The BOARD Or APPEALS o= a ~7~~XAXX$XgXg{~XXR SPEC I AL PERMIT .ha s been GRANTED that .~- EDWARD NOTIS-MCCONARTY, TRUSTEE OF 4 AND 10 To:(Oti~ner/Applicant).- INC. ET REALTY TRUST, OWNER, AND RESORT TRANSPORTATION, BROAD STRE p2554 Nantucket , I"I LESSEE 024-92 , Address: 10 Broad Street, licant with respect to land or affecting the rights of the Owner/APP pazcel 65, Assessor's Map 42.4.2, building at: 10 Broad Street, 8755-F, Lot 14, as shown on Land Court Plan Deed Reference: 15,076 OF APPEALS further certifsiontGRANTINGatheched And the BOARD of its Deco AL PERMIT and that copies of the Decis~he planning Decision is a true and correct COPyon have been. filed with 9U+I3~tS~D~[~~X~~~~~~ SPECI all plans referred to in the Decisi Board and the Town Clerk- _ -- aragraph) ~~ -e BOARD OF APPEALS calls tO40Ae Section llo(last pwne ON, Th Chapter EXTENSI or any copy of Applicant that General Laws, provides.that no B~M~~X~~~~~~ shallAtakeReffect until (a) da s have MODIFICATION or RENEWAL thereof. ed in the office of the Town 'on is certified by the Town Clerk that TWENTY (20 Y the Decisi eal has been filed, elapsed after the Decision. has been fil if such .app is ..Clerk and no appeal has been filed (°rand (b).the certified copy denied) County of Nantucket and or that it has been dismisseof°Deeds for the recorded in the Registry The fee for the rantor index under the ~tmficatehofOTitle~f Recor t• indexed in g the Owner/APPllcan is recorded and noted on the Owner s Ce such recor~Tf~ng or registering shall be paid by l,[r//// ~ ~,r ws- Clerk Ann Balas hair a~~ Robert J. Leichter TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: ~'l,' / 19 92 To: Parties in Interest and, Others concernedicationhof the Decision of the BOARD OF APPEALS in the App following: -~`~- 024-92 ' Application No.: licant: EDWARD NOTIS-MCCONARTY, TRUSTEE OF 4 and - Owner/App 10 BROAD STREET REALTY TRUST, OWNER AND RESORT TRANSPORTATION, INC., LESSEE Enclosed is the Decision of the 30ARD OF APPEALS which has this cay been filed in the office of the Nantucket Town Clerk. an Aoaeal from this Decision may ba taken pursuanT_to SeC~lO?7 1_7 Of C`1-:a~,`,°_r ^QA~ :`:a===C~uS2ttS G~!~?ral -~=~~S• +.i ~ e31i21 t%? ~?C1SlOn :~li,St _3 _rL Lr~1/ cC.~. On a~ L~~ r+ _ thi ~ ^_'i'.E?rTY ( ~:7) O ~"3 ~. ~°. i1J.:i3 all C:.:.'..~'• 33?':~ In CGu wl _ _ . tills Gay' S Cat2. ?~Ot1C2 Or tale _cCtlOn with a CO; ; OI t~:e '; Oi tre D2C1S10:1 ,~~uSt ~~ Cpl\'en 3 e e3 co COI^~1~=..^.t an C r :lI i ~y `i~-a •l ~..? :l .7 :;C ~ ~:~.. t0 t~-:? Town Glar:~ c0 a3 ~O. ~~ re,i (20 ) days . ~~ ~ _ , Robert J. Cn3l?",:~a37 chter~, cc: Town Clerk Planning Board Building Commissioner yJ Map 42-4-2 Parcel 65 RC ZONING BOARD OF APPEALS 10 South Beach Street Nantucket, Mass. 02554 10 Broad Street 15,076 At a Public Hearing of the ZONING BOARD OF APPEALS held at 1:00 P.M., Friday, March 6, 1992, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of EDWARD NOTIS-McCONARTY, Trustee of 4 & 10 BROAD STREET REALTY TRUST, owner, and RESORT TRANSPORTATION, INC., lessee, of 10 Broad Street, Nantucket, Mass. 02554, d/b/a Nantucket Car Rentals, Board of Appeals File No. 024-92, the Board made the following DECISION: 1. Applicant is seeking relief by Special Permit under §§139- 9B(2)(1) and 139-30A to allow use of the premises for rental or sale of bicycles, motorcycles, motor scooters, mopeds, automobiles, trucks and other such motorized land transports or means of conveyance. The premises are currently used for the rental and sale of mopeds and bicycles. Applicant does not propose to store vehicles on the premises. To the extent necessary, Applicant requests relief by Special Permit under §139-18B from any additional parking requirements resulting from the proposed new use on the premises. The premises are located at 4 BROAD STREET, Assessor's Map 42.4.2, parcel 65, as shown on Land Court Plan 8755-F, Lot 14. The property is zoned RC. 2. The Decision is based upon the Application and materials submitted with it, the testimony and evidence presented at the hearing, two letters in opposition to the requested relief, and no recommendation from the Planning Board. 3. Applicant presented evidence that the existing bicycle rental business has been conducted on the premises since before the adoption of zoning, and the moped rentals were subsequently added before the 1978 adoption of the Special Permit requirement. 4. Applicant explained that the automobile rental portion of the business would be bifurcated, with the cars stored at a location on North Beach Street, and the only activity to be conducted on the subject premises would be the handling of the paperwork. As planned, customers could come to the locus, have the rental agreement prepared, would be driven to the North Beach Street lot where the cars would be picked up by the customer, and the operation would be run a shuttle between the North Beach Street lot and the ferries to ensure that cars would not be dropped off at the Broad Street location. 5. Applicant stated that the plan was for the business to be open between 8:00 A.M. and 6:00 P.M., but that longer hours might be sought depending on the needs of the customers.The area is Application No. 024-92 DECISION predominantly a commercial area, with several nearby businesses open late into the evening. 6. One abutter spoke in opposition to the proposal, citing the possible problems which would be presented in this exceptionally busy area when cars were returned, which could aggravate an already severely congested traffic pattern. In addition, the abutter was concerned that rental vehicles would be parked on the street at times of peak traffic to speed the rental process; the resulting lack of parking would have a detrimental effect on other businesses because customers could not access them. 7. By unanimous vote, the Board finds that the proposed use will not be substantially more detrimental to the neighborhood than the existing uses on the premises, that the granting of relief will be in harmony with the general purpose and intent of the Bylaw, and the use will not inherently be in violation of the provisions of §139-7E(4), and GRANTS the requested relief by Special Permit to allow, in addition to the existing uses on the premises, which the Board finds are pre-existing and nonconforming, the proposed use of the premises for rental or sale of bicycles, motorcycles, motor scooters, mopeds, automobiles, trucks and other such motorized land transports or means of conveyance, upon the following conditions: A. Customers may neither pick up nor drop off motor vehicles, other than those motor vehicles (such as mopeds) allowed on the premises as part of the pre-existing nonconforming use of the premises, at the Broad Street site; B. The business may not park, display or store motor vehicles of any kind on Lower Broad Street; C. No storage of motor vehicles, other than those motor vehicles (such as mopeds) allowed on the premises as part of the pre-existing nonconforming use of the premises at the Broad Street site; D. The business may not be open to the public at the Broad Street site between the hours of 9:00 P.M. and 8:00 A.M. Date Linda F. Williams ale Waine Robert J. Leichter ~~~ ~~ Ann Balas Kate Mitc ell 2 ~~x ~ ~ ~ ~ z~~~ ~-~- ~ 8 ,fie 5~.. ~~ .;~~: NANTUCKET ZONING BOARD OF APPEALS TOWN.AND COUNTY BUILDING NP?~tTUCKET, MA 02554 2-89 ASSESSORS LIST OF P_A.ttTIES IN INTEREST ~ n PROPERTY OWNER : ~ 1 ~/ L,~'v~i© T APPLICANT FOR RELIEF (SAME' ) K ~ /~~~~ ADDRESS OF PROPERTY : ~ ~/(juGt -~ ASSESSORS MAP & PARCEL: !~ ~~ "`lXs~S LIST OF PARTIES INCLUDING ADDRESSES*(OR SEE ATT?1CHED ) I certify that the foregoing (or the attached-___) lists all persons natural or legal, who are owners oz abutting owners of lard directly opposite cn any public property - or private street or way; and abutters of the a: utters and all other land owners within three hundred feet of the property line of Owner's property, as they ( ar_d 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)}- a, y~ - C~- I ~ P.ssessors Office Date Town of Nantuc~et *NOTE: Applicant (petitioner) should include with the lot - for which zoning reliefh~scseo~g~tirivolved~inntheozToed. abutting lots which mig matter. List r.:ap and parcels for each a~JL'tter. BoA Form 01/21/98 TOWN OF NANTUCKET 14:46:39 OWNER'S MAILING ADDRESS LIST ~.ap Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Location 4242 0062 MCCONARTY EDWARD NOTIS TR 0004 BROAD ST 0010 BROAD ST C/0 CAMERON WILLIAM NANTUCKET MA 02554 4242 0063 GLIDDEN WALTER D J2 ETAL 0041 LIBERTY ST 0008 BROAD ST NANTUCKET MA 02554 4242 0064 YOUNG ROBERT A PO SOX 1229 0006 BROAD S7 C/0 HARVEY A YOUNG ENTPR INC NANTUCKET MA 02554 4242 0066 FEE HENRY W JR & SANDRA G PO BOX 1077 0002 BROAD ST NANTUCKET MA 02554 4242 0067 YOUNG ROGER A E CYNTHIA N PO BOX 1229 0028 EASY ST NANTUCKET MA 02554 4242 0070 TEIXEIRA MARIO TR 0035 MAIN ST 0010 S BEACH ST EXT HARSORVIEW SHOPKEEPERS NANTUCKET MA 02554 4242 0027 TEIXEIRA MARIO TR 0035 MAIN ST 0012 OAK ST HARBORVIEW SHOPKEEPERS NANTUCKET MA 02554 4242 0023 DALE KEVIN F TRUSTEE PO BOX 659 0026 EASY ST TROGOH NOMINEE TRUST NANTUCKET MA 02554 4242 0020 INGALL FLORENCE PO BOX 1222 0021 EASY ST C/0 CLIFFORD MRS F NANTUCKET MA 02554 4242 0018 ARNO JOSEPH V PO BOX 1319 0027 EASY ST NANTUCKET MA 02554 4242 0017 JUDSON J RICHARD & CAROLYN PO BOX 368 0029 EASY ST FRENCH TRUSTEES ETNA NH 03750 4242 0016 ARNO JOSEPH V ~0 BOX 1319 0031 EASY ST NANTUCKET MA 02554 4242 0015 WOODS HOLE MARTHAS VINEYARD E PO BOX 284 0003 STEAMBOAT WF NANTUCKET STEAMSHIP RUTH WOODS HOLE MA 02543 4242 0014 WOODS HOLE MARTHAS VINEYARD & 0001 STEAMBOAT WHARF 0001 STEAMBOAT WF NANTUCKET STEAMSHIP AUTH NANTUCKET MA 02554 4242 0013 WOODS HOLE MARTHAS VINEYARD & BOX 276 C027 STEAMBOAT WF NANTUCKET STEAMSHIP AUTH NANTUCKET MA 02554 4242 0012 NANTUCKET YACHT CLUB PO BOX 667 0001 S BEACH ST NANTUCKET MA 02554 4242 0101 *NANTUCKET TOWN OF 0016 BROAD ST 0001 STEAMBOAT WF NANTUCKET MA 02554 4242 0028 TEASDALE ANN R PO BOX 157 0019 S WATER ST TIMMS NIGEL JOHN NANTUCKET MA 02554 4242 0102 JOHN B ARNC INC 0007 NORTH BEACH ST 0021 S WATER ST NANTUCKET MA 02554 4242 C073 OSLEY PHILIP A & RUTH E 0012 BROAD ST 0023 S WATER ST NANTUCKET MA 02554 4242 0029 *NANTUCKET TOWN OF 0016 BROAD ST 0020 S WATER ST NANTUCKET MA 02554 4242 0030 *NANTUCKET TOWN OF 0016 BROAD ST 0016 BROAD ST NANTUCKET MA 02554 4242 0060 *VAUGHAN EDWARD FOLEY & HOLLAND 15 FAIR ST 0002 S BEACH ST SANDRA NANTUCKET MA 02554 4242 0061 NANTUCKET HISTORICAL ASSN PO BOX 1016 0015 BROAD ST NANTUCKET MA 02554 4242 0071 GLIDDEN WALTER D JR ETAL 0041 LIBERTY ST 0008 BROAD ST NANTUCKET MA 02554 4242 0072 GLIDDEN WALTER JR ETAL 0041 LIBERTY ST 0008 BROAD ST NANTUCKET MA 02554 PAGE 1 MUAS750 8.5 ~~/21/98 TOWN OF NANTUCKET »:46:39 OWNER'S MAILING ADDRESS LIST Mao Black Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Location 423" 00112 DREAMLAND THEATRE INC PO BOX 547 0018 EASY ST NANTUCKET MA 02554 423" C0111 DREAMLAND THEATRE INC PO BOX 547 0017 S WATER ST NANTUCKET MA 02554 423' 00102 KATSAPETSES THOMAS N TR 0146 THURLOW ST 0008 OAK ST THOMAS N TRUST GEORGETOWN MA 01833 423' 0012 WINTHROP NANTUCKET 2 REALTY TR po box 359 0015 S WATER ST C/0 SHERBURNE ASSOCIATES NANTUCKET MA 02554 423' 0076 HESS WALTER R TR PO BOX 359 0011 S WATER ST SHERBURNE ASSOCIATES R T NANTUCKET MA 02554 423" 0013 KILLEN ANN S TR PO BOX 1166 0014 EASY ST LOBSTER POT NOMINEE TRUST NANTUCKET MA 02554 423' 0078 KILLEN PAUL BRUCE & 0036 CLIFF RD C010 EASY ST LOTHIAN D K TRS ETAL NANTUCKET MA 02554 PAGE 2 MUAS750 8.5 NUMBED OF RECORDS = 33