The URL can be used to link to this page

Home My WebLink About045-98., TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: June ~ 1998 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 045-98 Owner/Applicant: ALEX RAY, FOR HIMSELF AS OWNER AND FOR MATTHEW BELL, 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. Waine hairman cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMJ.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 68 1 Toombs Court Parcel 9 Plan Book 18, Page 12, Lot 2 R-C-2 Deed Ref. 322/40 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., Friday, May 8, 1998, in the Conference Room, Town Annex Building, 37 Broad Street, Nantucket, Massachusetts, on the Application of ALEX RAY, FOR HIMSELF AS OWNER AND FOR MATTHEW BELL, LESSEE, of P.O. Box 581, Ashland, NH 03217 and P.O. Box 905, Siasconset, MA. 02564, respectively, Board of Appeals File No. 045-98, the Board made the following Decision: 1. Applicant (Bell) is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-9B(2)(o) (take-out food service establishment). Applicant proposes to operate a take-out food service establishment that would have one (1) station and no seating. The required parking spaces and loading zone would be provided on site. Please also see BOA File No. 026-93 that has arguably expired. The Premises is located at 1 TOOMBS COURT, Assessor's Map 68, Parcel 9, Plan Book 18, Page 12, Lot 2. The property is zoned Residential-Commercial-2. 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 subject to several conditions which Applicant addressed in the Site Plan presented to the Board at the Hearing. One (1) abutter was present at the Hearing and spoke in favor of the Application. There was one (1) letter on file from the manager of the Wannacomet Water Company, as required under Nantucket Zoning By-Law §139-23 for properties located within the Wellhead Protection District, which stated that the site plan as proposed was acceptable. 3. Applicant proposed to operate a take-out food establishment with no seating and one (1) take-out station. There will be a maximum of four (4) employees on site at peak shift, with no retail use or dwelling unit currently planned for the structure. Six (6) parking spaces and a loading zone, required under the By-Law, will be provided on site. A previous owner of the property had obtained similar relief in the Decision in BOA File No. 026-93. Due to the possible expiration of that Special Permit, Applicant is before this Board to obtain new relief. Said relief had been granted to convert a retail use to retail/take-out use. Access _rnrn rW VJ o~. ~ n J. u A • ~ ~ ~m ` • a (',. :n . ~. ' ~, -_ -'- '- ~ y.+ __t ..-.+~ tai} _ _ ` ~ ~ r ~4~ d' ' ~ t wa .T" ,.,,} ~ . ~ r' i~,, ~,+j:, r ' T ,z!, ~~I J~~. ~ ~ ~Fs~ -~ ~.r , ~~~r~ ra f i.~ -~~ ~. E ' es ,' t~~ a y 1 ~- - - 31;,,' - r ~~~~ J ~ , ~ T`TZ f~?~~~~ { ~ ~ t i ~ ~R ~W~~ r r; .~ m 0~ ~,~ '; i . . ~ ~,r "", ~ ~ `~. ~ - I ~ -' A r r Y~ y ~ c n rn 13.00 ;, - --. O ~~D .. ,~ ~ (~1 'e xV ~r. . ~+ R1 L/`Cl ~ Y ~ ~ a VVV ~~ ° o ~ ' y U ~A ~ ~~ C ~ _: U m ~ < ~ ,. c , ~ ~-' _ _ ~• ~ Y (i1 r ~ s CA ~} 4tc ..~ ~ D :~ ~ ~• r i"~ _ r ' ` ~' ~ ~ ~ ~ y .~M',a ~.)1" ~, • ~r ~ ..~ Zf1 ~ ".'l K.~ iiw~. ~ ~ ~ .I ~ Y R k .I f ~ ~ V :n y ~ ,~ l~ • . .• ~ r 4 •~~~~' ~'rf~t~ • t pis ~ ~•~ a `~ e ~ ~. ',> .,, will be provided from Toombs Court, a side street, thus eliminating direct access from Old South Road, a heavily trafficked public road. Applicant further proposed to remove the two (2) "chicken coops"that are shown upon the plan in BOA File No. 026-93.The 276+ square-foot garage will remain 4. Therefore, the Board finds that the proposed take-out food establishment use is allowed by Special Permit in this zoning district and that the conversion of space as proposed would not be substantially more detrimental to the neighborhood and would be in harmony with the general purposes and intent of the Zoning By-Law. With access being provided from a side street rather than the heavily traveled public road, any impact upon the flow of traffic would be mitigated. 5. Accordingly, by a unanimous vote, the Board GRANTS the requested SPECIAL PERMIT under Nantucket Zoning By-Law §139-9B(2)(o) to convert space in an existing commercial structure into a take-out food establishment upon the following conditions: a. A minimum of six (6) parking spaces and one (1) loading zone shall be provided on site, substantially as shown upon a plan done by Charles W. Hart & Assoc., Inc., dated May 6, 1998, marked as Exhibit A and attached hereto; b. There shall be one (1) take-out station with up to four (4) employees at peak shift on site; and c. A fence shall be provided and maintained along the northwesterly rear yard lot line, with the existing split rail fence on the northeasterly side yard lot line extended along Old South Road to eliminate the appearance of any customer access off of Old South Road. Dated: June ~, 1998 aine c Linda F. Williams RECEIVED TOWN CLERK'S OFFICE NANT~_ ~rs~~-T r ~ ~ n~~54 JUN Q 5 1998 TIME:______...,_. _. CLERK: V~ . ~ `.-~.-Z. -. Willia Hourihan, Jr. o~ Mi a J. O'N.ara _ _ `Z 1~~~ Nancy S vrens - 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 8, 1998, in the CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 WASHINGTON STREET, Nantucket, Massachusetts, on the Application of the following: ALEX RAY, FOR HIMSELF AS OWNER AND FOR MATTHEW BELL, LESSEE BOARD OF APPEALS FILE N0. 045-98 Applicant (Bell) is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-9B(2)(o) (take-out food service establishment). Applicant proposes to operate a take-out food service establishment that would have one (1) station and no seating. The required parking spaces and loading zone would be provided on site. Please also see BOA File No. 026-93. The premises is located at 1 TOOMBS COURT, Assessor's Map 68, Parcel 9, Plan Book 18, Page 12, Lot 2. The property is zoned Residential-Commercial-2. ~~Q ~ ` C~JJ'i~Q- Dale W. Waine, Chairman THIS NOTICE IS AVAILABLE IN LARGE PRINT OR C(~THCR ALTERNATIVE FORMATS. FOR _ ASSISTANCE t;ALL _ _,_ _! (5O~r-~~8=721. ~_--. ._ --- - _ _ _. ~~, ~'.>'~~ BoA Form 1-89 Owner's name(s): ~;'' Mailing address: NANTIICKET ZONING BOARD OF APPEALS TOWN AND COIINTY BIIILDIN(3 Date NAN'-'IICRET~ MA 02554 9 CASE No ~~ -_/ Applicant's name: ~~;,//'c l3cLL Mailing address: I`U YU.~ ~,Rrcfi..,,-i ~g O.~SG~ Location of lot: Assessor's map and parcel number 68 - O 9 Street address: f .obmSS C"~~Zi Registry Land Ct Plan, P1~n Bk & Pg or Plan File K/ ~a- hot .Z Date lot acquired: ~~_ Deed Ref _, - Zoning district ~ CoZ Uses on lot ~commercial:'None _ or MCD?_ - number oP: dwellings- duplex- apartments- rental rooms- Building date(s): all pre-8/72? or C of O?_ Building Permit appl'n. Nos. Case Nos. all BoA applications, lawsuits: ~~°- ~.~ 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 hake each finding per Section 139-32A if Variance, 139-:OA if a Special Permit (and 139-33A if *_o alter or extend a nonconforming use). If appeal per 139-3~A & B _ attach decision or order appealed. OK to attach addendum . C _r,r Items enclosed as part of this Application: orderl addendum2 RECE~~.f~ ~l Locus map- Site plan showing present +planned structures T WN CLEFts<.`~ :.i-+- _~. Floor plans present proposed---- elevatlons (HDC approved?_) NANTUCKET" ' "' ` %`}a4 Listings lot area frontage setbacks GCR parking data Assessor-certifie3 addressee Ii t a sets -ma~ling labels 2 sets= APR 2 2 ;~~3 200 fee payable to To~~•n of Nantucket proof 'cap' covenant (If an appeal, ask Toom Clerk to sen3 Bldg Comr s record to BoA.~-TIME: :S ~_~ I certif that the re ested information submitted is substantially ~~ ~~ completeyand tru to the best of my knowledge, under the pains and CLERK:i ...___ penalties of~pe y. ' SIGNATURE: /'//~ ~~ ~ ~~~~~/ Applicant Attorney/agent 3 ~ (If not o e~ or owner's attorney, enclose proof of authority) FOR BoA OFFICE USE 1 Application copies recd: 4___ or_ for BoA on~/ by one copy filed with Town Clerk on,~~bY~-p,(~complete?C~'Upo One copy each to Planning Bd and Buildin Dept 6U bY1~--_ $200 fee check given Tow Tre surer on by Qw~iv d?_ Hearing notice posted ,mailed ~-~'/ I & M ~ ,~o, ,~~.~ ~-~ 'T Hearing(s) on,,,,/~_,,,_ cont'~.~ to_/~_, ~„J_... withdrawnT~_/.,_ Decision due by_/_,/_ made_/J_ filed TC,J_/_ mniled_,_/~_ See related cases lawsuits- other ~PLICATION FOR RELIEF April 1, 1998 Nantucket Zoning Board of Appeals We are requesting relief by Special Permit (section 139-9.B.(2)(0) to operate stake-out food service establishment at 1 Toombs Court. This operation will be in compliance with all state and local building and health codes. Sincerely, Matthew Bell ZONING CLASSIP[CATION~ .R- C , EXISTINOi MIN. AREA:.....~~.QQ.~S•F ,Z8,G7.St$F MIN. FRONTAGE; .... ~i'O.FT. , ,S;c,~ ,°.;.j,~( l FRONT YARD S.B.:. N.ON.E . ~~ ~~ ~~~~~ REAR 6SIDES.B.: .-'~.P'r ;~ GROUND COVER IX1:,50.~~.. , !0 8 - 8 /~!/~ /sa. ~G M'. _ 5 G.C. = 2761 ~ ~~ CX/CK£~/ 5 S.F; 2 OY i i Q T ~n COOP DD ' ~2 s_ U Fv,t~~, 6 L Ti1NK3 ~ COOS (Td A6 .. . G.C-= RLMOV,CD~ Gs -49 r ~8 - 79 s.F: .E' ,v. Too.~cBS o 0 O ~,G.C.=66: s. F. ~ O ~ r•-i ----•- , - - -I O I ~ ~ I ~_ ; AM(P 3/ p~/ ~s~ ~ Parfc,n .SKOP/ Y" d P: . ~ O ~_ ~ ~ 1` •~ ~ ~ I I: ~ I i c i I~ ! ~r-r~ -14x3S 4 ; ; ~_ _~ J ~ ~oAD;N~ ~ M j ~ i ~ ARE /~ i O . ! !/ 93. TOO~C,~.S _ _. ._ _ ,\~ ~~<~ /~~ ~J2~ r ~ ~ CHARLES tiG~~ YV. HAR1 N -_2\ Nu.324p9 ,. ~Sr 9``~ISTEVIt~ ~~ s%al usNOS`?i~ .. C OUR T' Sasiv~~~ _....._ F'ARYCINy PLAN S,-r ~ _ -----~~o-w ._+.oc.FL Rc~•Ait, 5 zorE: ~ 33 _ ~vo = 4- SPACES Loga;n~~ r~RE,4,'. 14 k3s' ~s SHowt] _ 4~~4 s~ s ~~ --~-J3 I CERTIFY, AS OF :.:2 ,~,-93, , THAT THE BUILOINGIS) IS/ARE LOCATED ON THE GROUND AS SHOWN HEREON. PROFESSIONAL LAND SURVEYOR BUILDING LOCATION PLAN '~`` ~ OF LAND IN NANTUCKET, MASS. SCALE: 1": yp' DATE: F,CIj. B, /99.3 THIS PL07 PLAN WAS PRfPARED FOR THE TOWN OF,NANTUCKE7 9UILDINQ DEPARTMENT ONLY AND 8HOUL0 NOT BE CONSIDERED A PROPERTY LINE SURVEY. THIS PLAN SHOULD NOT BE L~-SED 70 ESTABLISH PROPERTY LINES, FENCES, HEDGES OA ANY ANCILLARY STAUCTUAES ON THE PREMISES THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PLANS OF RECORD. THIS PLOT PLAN 1S NOT A CERTIFICATION A$ TO TITLE OR OWNERSHIP OF THE PROPERTY 8NOWN. OWNERS OF AOJOlWNO PROPEATIE8 ARE SHOWN ACCORDING TO CURRENT ASSESOR RECORDS. ASSESSOR MAP: , ~?8, PARCEL...Q, . 1.101\M.\Y.I Owner; :TaM. !~!~. ~,M!tl2Y,T,. /`SA~?K~. , Deed: ~!<•.32.Z, ~. ,yo, Plan: C-~!~./8, P~. /,~ ;cgT,2 e4 .~33oC/i{,T.E3, //vC, 49 .3P~t.RKS Av.En/u~C' NAIVTC/CKls T, MJI. 02,SJS4 ~.SO6~ 22EI-89 /o NOT iD 8E RQgRDED. , j{ ~ .3 F ~'/ FROM GREAT AMERICAN DINING a° O~ PHONE NO. 6039682123 Apr. 01 1998 10:41AM P2 The Contia~on Man • Ashland Village • J6$-9330 _ The Ca~nmon Man • Lincoln Vilta,>"e • 745-3463 The Commo» Man • Windham • 89_8-0088 Boathouse Grille • Mtsredil.h Bay ~ 279-2253 _ Capitol City Diner • CPrlcOrd • 228-3463 ~ ~ ~- Tilt'n Diner • Tilton • 2$6-2204 ---_°~"-__ The Italian Farmhouse • Plymouth • S3Ei-4536 ~_ common ~•~~~~ April I, 1998 To Whom It May Gonce3rn: I, Alexander L. Ray, of Beede Road, Holderness, New I~tampshire, hereby authorize Matthew Beil of Nantucket, Massachusetts to act as cny agent with respect to 1 Toombs Court, Nantucket, Massachusetts. Sincerely, P.O. Box 581 -Ashland, N.N. - 03217 • (603) 968-9330 • FAX 968-2123 0.17635" :1 Toombs Court dumpster 1/1 i WANNACOMET WATER CO11!iI'ANY 1 Milestone Road Nantucket, Massachusetts 025:54 (508)228-0022 (508) 325-5344 Fax April 1, 1998 Ms. Linda Williams Zoning Board of Appeals 37 Washington Street Nantucket, Ma 02554 RE: Proposed Plan for 1 Toombs Court Dear Linda, ~~~ ~~z- ~i)l~~~s Robert L. Gardner Manager I have reviewed the proposed plan, including the parking, for the property located at 1 Toombs Court as prepared by Charles W. Hart & Associates and dated February 8, 1993 and offer the following. It is my understanding that the use of the building will be for takeout food service, which is an acceptable use within the Wellhead Protection. The amount of impervious groundcover for this lot is 773 square feet, which is less than 3 percent of the total lot area. Therefore, this property is not subject to review under zoning by-law 139-12. However, I have reviewed the site plan with the applicant and find it is acceptable to the Wannacomet Water Company. If you have any questions or I can be of further assistance please give me a call. Sincerely, WANNACOMET WATER COMPANY Robert L. Gardner Manager cc. C. Pykosz, WWCo. M. Bell ,~~.~ ~ BoA Form NANTUCKET ZONING BOARD OF APPEALS TOWN_AND COUNTY BUILDING NANTUCKET, MA 02554 ASSESSORS LIST OF P_A.RTIES IN INTEREST PROPERTY OWNER: y-~i2 -N /, ~ ~i ZIPS APPLICANT FOR RELIEF (SAME? ) ~i~ r~G+~ ~~L'L' / s ADDRESS OF PROPERTY: / J~o~~> ~'~~' ASSESSORS MAP & PARCEL: y~ G ~-I LIST OF PARTIES INCLUDING ADD?tESSES*(OR SEE ATTACHED ) I certify that the foregoing (or the attached) lists all persons natural or legal, who are owners of abutting property owners oz land directly opposite cn any public or private street or way; and abutters of the aNuLters 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)}- t ~. G ~~ r Date .ssessors Office 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 r.:ap ar.d parcels for each abutteY• 03/26/98 TOWN OF NANTUCKET 14:13:04 OWNER'S MAILING ADDRESS LIST Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Location 0068 0006 ANGELASTRO MICHAEL F & JOANNE 0035 OLD SOUTH RD 035A OLD SOUTH RD NANTUCKET MA 02554 0068 00061 ANGELASTRO MICHAEL F & JOANNE 0035 OLD SOUTH RD 035B OLD SOUTH RD NANTUCKET MA 02554 0068 0007 CAMPBELL ROBERT E & MARY L LIF 33 SEAGRAVE ST 0037 OLD SOUTH RD C/0 KATHLEEN FRANCIS UXBRIDGE MA G1569 0068 0008 ~AMPBELL ROBERT E & MARY L LIF 33 SEAGRAVE ST 0039 OLD SOUTH RD C/0 KATHLEEN FRANCIS UXBRIDGE MA C1569 0068 0010 HOLDGATE DONALD W & GERTRUDE PO BOX 705 0040 OLD SOUTH RD NANTUCKET MA 02554 0068 0011 ~OLDGATE DONALD W & GERTRUDE PO BOX 705 0004 HINSDALE RD NANTUCKET MA 02554 0068 0016 ~DGATE DONALD W & GERTRUDE PO BOX 705 0003 HINSDALE RD NANTUCKET MA 02554 0068 0017 HOLDGATE DONALD W JR 0042 OLD SOUTH RD 0042 OLD SOUTH RC NANTUCKET MA 02554 0068 00181~LDGATE DONALD W & GERTRUDE 0050 OLD SOUTH RD 0050 OLD SOUTH RD PO BOX 705 NANTUCKET MA 02554 006$ 0082 *COMMONWEALTH OF MASSACHUSETTS 100 CAMBRIDGE STREET 0000 OLD SOUTH RD C/0 DEPT ENVIRONMENTAL MANAGEM BOSTON MA 02202 0068 0081 TOOMBS CHARLES E PO BOX 803 0043 OLD SOUTH RD NANTUCKET MA 02554 ~ PO BOX 803 0004 TOOMBS CT 0068 OMBS CHARLES E 0080 NANTUCKET MA 02554 0068 0155 COSTAKES ANASTASIA TOOMBS PO BOX 3327 0006 TOOMBS CT NANTUCKET MA 02554 0068 0154 PSARADELIS FRANCIS B JR ETUX PO BOX 2420 0005 TOOMBS CT NANTUCKET MA 02584 0068 0079 TOOMBS ELLEN NORA PO BOX 803 0003 TOOMBS CT P:ANTUCKET MA 02554 0068 0244 HILLGER JANE H WHELDON CHERYL C010 YOUNGS WAY 0012 YOUNGS WY & LAUNDRY ROBERT H TRS NANTUCKET MA 02554 0068 0243~ILLGER JANE H WHELDON CHERYL 0010 YOUNGS WAY 0010 YOUNGS 4iY LAUNDRY ROBERT TR NANTUCKET MA 02554 0068 02392 READE ARTHUR I JR TR PG BOX 2669 0006 YOUNGS WY BAR REALTY TRUST NANTUCKET MA 02584 0068 02391 ANGELASTRO JOANNE TR 0035 OLD SOUTH RD 0004 YOUNGS WY PILGRIM REALTY TRUST NANTUCKET MA 02554 0068 0238 YOUNG ROBERT A 0077 POLPIS RD 0001 YOUNGS WY NANTUCKET MA 02554 0068 0237 YOUNG ROBERT A 77 POLPIS ROAD 0003 YOUNGS WY NANTUCKET MA 02554 0054 0045 *NANTUCKET TOWN OF 0016 BROAD ST 0001 MILESTONE RO WATER COMMISSION NANTUCKET MA 02554 PAGE 1 MUAS750 8.5 NUMBER OF RECORDS = 22