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HomeMy WebLinkAbout096-98TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: March ~~ 19 99 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 096-98 Owner/Applicant: MARIE 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. CJ~J •- ^ Dale W. Waine ~ 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 §139-30I (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 1.3 Plan File 44-Q, Lot 5 R-C-2 Deed Ref. 443/245 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., Friday, October 16, 1998, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of MARIE LEMBERG, of 55 Pochick Street, Nantucket, MA 02554, Board of Appeals File No. 096-98, the Board made the following Decision: 1. Applicant is seeking a MODIFICATION of a SPECIAL PERMIT issued in BOA File No. 013-98. Applicant wishes to strike Condition "b" of Paragraph 5 which states that there shall be one (1) commercial tenant on site, in order to allow the take-out establishment to be leased separately from the Laundromat business, permitted in BOA File No. 078-94. Both businesses are located within the same structure. The Premises is located at 17 1/2 OLD SOUTH ROAD, Assessor's Map 64, Parcel 1.3, Plan File 44-Q, Lot 5. The Locus is zoned Residential-Commercial-2. 2. The Decision is based upon the Application and material 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 no letters on file and no opposition expressed at the hearing. An interested member of the public spoke in support of the Application. 3. Applicant wished to be able to rent the take-out food establishment, permitted in the Decision issued in BOA File No. 013-98, as she no longer was able to operate it herself. The previous Decision prohibited two (2) separate tenants from operating on site. The structure also contained a Laundromat, which she will continue to operate, that was allowed in a Decision rendered in BOA File No. 078-94 and modified in the Decision issued in BOA File No. 013-96. The Applicant represented that she would continue to maintain control of the property and would be able to monitor any leaseholder of the take-out food establishment for compliance with past conditions, further stating that there would be no change in the intensity of use or expansion of the uses. 4. Therefore, based upon the foregoing, the Board finds that the grant of relief to allow the Applicant to rent the take-out food establishment separately from the laundromat, would be in harmony with the general purpose and intent of the Zoning By-Law. 5. Accordingly, by a unanimous vote, the Board GRANTS the requested relief to allow Applicant to lease the take-out food establishment separately from the laundromat business upon the following conditions: a. Relief shall be contingent upon Applicant's continued ownership of the subject property and shall terminate upon the transfer of the title out of the family without further relief from this Board; b. All other conditions contained in the Decisions in BOA File Nos. 013-98, 013-96 and 078-94 shall n 'nue to be in effect. Dated : March p~ , 1999 DECEIVED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 b~A~ 2 3 1999 ~s}. t;LERK:_~_~~\ Dale W. aine Linda F. Williams ~~ TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the NANTUCRET ZONING BOARD OF APPEALS will be held at 1:00 P.M., FRIDAY, OCTOBER 16, 1998, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: MARIE LEMBERG BOARD OF APPEALS FILE N0. 096-98 Applicant is seeking a MODIFICATION of a SPECIAL PERMIT issued in BOA File No. 013-98. Applicant wishes to strike Condition "b" of Paragraph 5 which states that there shall be one (1) commercial tenant on site, in order to allow the take-out establishment to be leased separately from the laundromat business, permitted in BOA File No. 078-94. Both businesses are located within the same structure. The Premises is located at 17 1/2 OLD SOUTH ROAD, Assessor's Map 64, Parcel 1.3, Plan File y`~fZLot 5. The Locus is zoned Residential-Commercial-2. r V Dale W. Waine, Chairman REC~iVED TOWN CLERK'S OFFICE NANT~.lCKFT, nnn ?2554 SEP 2 9 1998 TIME: _3'~s ~.:~,~. ~~~~ THIS NOTICE IS AVAILABLE AL`fFRNATiVE FORMATS., (.6OSr ~~8=721 ~. - - - ._ IN LARGE PRINT OR OTHER FOR ASSISTANCE LALL _ _._ __ ~~•: ;. `~-;•: BoA Form 1-89 NANTIICRET ZONING BOARD OY ABpEALB ~.• TOWN AND COIINTY BIIYY,AYN4 NANTIICKET, ?tA 02554 a e _~1~ CASE No. ~~ 7rppT.TnpmTON FOR REL•YEF •. Owner's name(s) : L.-f~/J.x~~G ~ $~lih/ ~".Vc N169,(~rc ~'' Mailing address: SS ~oc~4r% tl~r • ~Ci,9-„~•-7vc~C~~ 7- ir~~Jf1• ," Applicant's name: /~ 1}6zr ~; Lc> r•~~lS~ ~E'G • Mailing address: ~~- /~e1C~}eev(" 34/~• /~~~9'~.'~TUCS~i= i n~r~t~S- a2,'~ Location of lot: Assessor'b map and parcel number ~ ~~~° S Street address : ~ ~~z ~`~ v So v 7G~ re(J. /c/1~--~ ~ ~~ cv"~°7 Registry Land Ct'Plan, »1~n Bk & Pg or Plan File I,ot ° Date lot acquired: ~/,~,~ Deed Ref _,,_ Zoning district /2~- Uses on lot - .commercial :' None ,_ or L- ~ MCD?_, - number oP: dwellings- duplex- apartments,,, rental rooms- Building date(s): all pxe-8/72? or IS 9 S C of O?_,_, Building Permit appl' n. Nos. ~:ad~i~ 013 _ o~~ Case Nos. all SoA applications, lawsuits: Aei'-' /~,P.E~~°"S ~~%s~ ~•l' state Pully 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 wake each finding per Section 179-32A if Variance, 139-:OA if a Special Permit (and 139-33A i! to altar or extend a nonco~orming use) If ap~eal per 139-3~A ~B _ attach decision or order appealed. OK to a tack addendum . ~' j" ~ C ~ ~ y r.~. r • ~~ ~S id ems enclosed as part of this Application: orderl addendum Locus map- Site plan showing present +planne3 structures Floor plans present proposed elevations (HDZ` appproved?,_). Listings lot area frontage setbacks- GCR parking data Assessor-certifie3 addressae• Test 4 sets- ma~lin~ labels 2 sets= 200 fee payable to Town of Nantucket pproof cap' covenant (If an appeal, ask Town Clerk to seldg Comr s record to BoA.T I certify that the requested information submitted is substantially complete and true to the bast o! my knowlidgs, under s pains and penalties of pe jury. SIGNATURE: ?~~~~ %hMrC/~C/ _ Applicant ,T Attorney/agent ~(tf not owne~ qr owners r, enclose proof o! authority) FOR boJ1 F~C~ U8E ~~ Application copies recd: 4 _ r for BoA on~^2X.GZ by one copy filed with Town Clerk on-y~~~bY compl~~et/~e?~~~~~ one copy each to Planning Bd and Buildingg Dept byi~~ Szoo te• vh~ok given Town Treasuror on~,~.~-j.~/~~~"Y~,~, waived?,,,,,~ Hearing notice posted~/~'/ mailed,~~~~~~ & M!8/ ~~~6~ li~~rinq (o) on.,~./.J... conk ~ ~~ toJ.J.r~ J.J.. withd~~wn~~,/../.. Decision due by„~/~,/_ made,_,,,/,,,r/_ filed TC_/_,,./_ mailed,_,/~,_, der r~latiod oeeer 1ewo~~~• o~ho~,~,~~_ S~ . ~i i • ~J2L"/I UVJ Ly ~dZo/i ~~'~ j 'O Lt~~ S F• ~ F C/ tJ Lfj.~i/Dit.~. c ~ f_ R~"I~Uw r '. Tt~WN OF NANTUCKET BOARD ~F APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: April ~ 19 9$ Tos Partiof theIBOARDSOFaABPEALSrinctheeApplicationhQf the Decision gollowings 013-99 Application No.: Owner/Applicant: I~SARIE E. ~ ~,,EMB~RG xnelesed ie the Decision or the 80ARD OF APPEALS xhich has b7sia t9ay been !lied in the office of the NantuCkst Towri Clerk. An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 40A, MaosaChusetts General Laws. Any action appealing the Decis~fon must be brought by filing an complaint in oourt within TWENTY tZ0) days after this Qay's date. Notice of #.he action with a copy of the complaint an8 certit'ie~ copy of the Decision mus3t be Qiven to th• Tot~n Clerk $o as to be rarcived within such TWENTY (Z O ) days . ~'""'^~._ ... _ 1 W. Waive ~ chairman cc: Town Clerk Planning Board • ••-• • -- Building Cosnmiesioner PLEASE NOTES MOST SPECIAL PERMITS AND VARIANCE8 HAVE A TII~iE LIMIT AND WILL EXPIRE IF NOT ACTED•IIPON ACCORDING-TO NANTUCKET' zoNlNC BY-LAW X139-30I (SPECIAL PLRMSTS): X139-325 (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. Tfd-.1 TOWN OF NANTUCKET ZCJNING BaARD ~F APPE~ 37 WASHINGTQN STREET NANTUCKET, MASSACHUSETTS 42554 PxaNE sos-zzs-nls FAX SO&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 Hoard of Appenla held at 1:00 P.:~i., Friday, March 13, 1998, in thQ Coniarence Room, ToKn Annex Building', 37 Wa~ehington St2•eet, Nantucket, Massachuttetts, on the Application of MARiE E. LEMBERV, of S3 Pochick Avenue, Nantucket, MA 02554, Board of Appeals File No. 013-98, the $oard mace the folla~ring peciaion: 1. Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law $139-98(2)(0) (take-out food establishment). Applicant propoaeB to convert a portion of an existing structure that is currently being used as a laundramat/dry cleaning establishment, permitted by a Special Permit issued in BOA Cade No. 078-94, as modified in BOA Case No. 013-96. The dzy cleaning portion of the structure will be converted into a take-out food establishment with up to trine (9) $eat9. No exterior changes are planned in conjunction with the change in use and all off-street parking and loading zOrie requirements will be complied with. The Premiers is located at 17 1/2 OLD 50UTH RQAD, AQ<ressor'S Map 64, Parcel 41.3, Plan File 44-Q, Lot 5. Tile property is zoned R$Bidentiai-CoplRtercial-2 . 2. The Decision. is based upon the Application and materials submitted with it and the testimony end evidence presented at the :searing. The Planning Hoard made a fAVOrable recommendation provided that the Applicant comply with all zoning requirements, including pax'king. There were no iettexs on rile. 3. Applicant represented that she would like to discontinue the dry cleaning business, situatiAQ in the roar of the existing structure. 2'he building also contains a salt-serve laundromat that would remain after conversion of the subject agate to a take-out establishment with one (1) take-out station, nine (9) seats and three {3) employees an site at peak shift. The original. uses, allowed in the Special Permit g>!antsd is HOA Case No. 078-94, required eleven (il) parking spaces. AppliCettt provided fifteen (15) on site parking spaoe® and a loading Zone at that time. The new uses would require fifteen (15) parking spaces and a loading zone. No parking or loading xore relief is therefore requested is this Application. No exterior changes are pianred in relation to the change za •~ ..-- - - - £0 ' d '14101 r of use. The stractura also contains one (i) apartment on the second floor. Tha 12' x i6' additieaninonuseuanddpermittedai;iaBOA Gase Noea in Conjunction with the dry c ~3 013-96, will be converted to the kitchen area tar th~3 ta}ce-out establishment. ~~ ThusaEallowedeinQBOA CasesNpha078h9~Ceasemodified intBOAdCase No. cleaning 013-9fi, to use a® eofatheoZoningaBy~Za ens Applicants wi1lOmQetiaiit e purpose and intent parking and loading zone regtSire~-ents• 5. ACCprdingiy, by a unania:oua votes the Board GRANTS the requested SPfiCIAL PERMIT under Nantucket Zoning By-Law X139-98(2)(0.} to allow conversion of apace, currently permitted for and used a9 a dry Cleaning estabiiehcgent, to use as a take-out etoat~zeem(3) empioyees(On site att station, up to nine (9} seats gcondition$: peak shift upon the fallowing a. all conditions. as stated in the Decision in BOA Case No. 078-94, as modified in the Decision in BOA Case No. 013-96r shall be in full force and effect; an4 b. There shall be one (1} commercial. tenant on site, i•e•, the same operator shall Control both the Laundromat use and the t~ke-out eatabllahRlent. Dated: April {O 1998 Dale W. Maine Linda F. Tn{iiliaXts J~ ~0'd tifiZ 13:1~f1.:NdN '~:S? 86~I-7?-~f1H ©9/24/1998 13:33 508325614© NANTUCKET TA<<COLLCTR PAGE 01 . ~ ~ p0 r. ,~~. ~~ ;~ ,, ~~ ~_ ~~ 1..~ A!~ 2 $1998 BoA Form ff~f ~ 2-gg NANTUCKET 20NING BOA_~t .~f ~ TOwN.AND COUNTY BUILDING NP?dTUCKET, MA 02554 ASSESSORS ?,IST OF PR.aTIES IN INTERES?` PROPERTY OWNER : ~~~ ,,- q }~ S p nS ~ ti ~ APPLICANT FOR R~LxEr (SAME? } ADDRESS OF PROPERTY : ~~ ~ ~ ~ ~~„_.~ S Q V'f' 1~ ~.~ (~ ASSESSORS MAP b P."-,RCEL: ~a~ --- ~ 1 LIST OF PARTIE'S INGLUDING ADDgES5ES''(OR SEE AT_ACHED } I certify that the foregoing (vr the attached ) lists all persons natuzal oz legal, who zre owners of abutting property owners of land 3ireCt~.y opposite cn any public or private street oz way; and abutters of the abutters a:~d all other land owners within threz hundred feet of the property line of Owner's property, as they { ar_d their address} appear on the most =scent applicable tax list {per M.G.L. c. 40A, Section 1? Zoning Code Chaptez 139, Section 139-29D (2}}. 41~1~& Date P.ssessors Office Town of Nantucket *IvOTE: Applicant {petitioner} should inc?ude with the log foz which zoning relief is sought, any commonly-'rn~-nea~ abutting lots which :,tight become involved in the io<ninr ~r~attez. List r..ap and parcels fvr each: abutter. 09/24/1998 13:2 50$3256140 NANTUCKET TUYCOLLCTR Pl~GE 01 -0904798 TOWN OF NANTUCKET PAGE 1 '~/ 13:34:06 OWNER'S MAILING ADDRESS LIST MUA5750 8.5 Map Block lot Ovner'aJCo-ovner'a Natot Msili~ AddresslCity Stats Zip Property Location 0067 0040 NANTUCKET ELECTRIC COMPANY PO BOX 470 OOOZ FAIRGROUNDS RD WESTBOROUGN MA 01581 0067 0434 GLIDDEN RICHARD J TR PO BOx 35 0007 AMEl1A DR ROY GARRET TR NANTUCKET MA 02554 0067 0435 LIDDEN RICHARD J TR ~ PO 90X 35 0005 AMELIA DR _ ROY GARRET TR NANTUCKET MA Q2554 0067 0436 NANTUCKET BANK 106 PLEASANT ST 0003 AMELIA DR NANTUCKET NA 02154 0067 0041 *SNA-IRO ROBERt 5 i LOIS K TR 50 CENTURY LANE 0019 OLD 50UTN RD WACHUNG NJ 07060 0067 00412 LEMBER6 DAVID A 6 ERIN M 53 POCNICK AVE 0017 OLD SOUTH RD NANTUCKET MA 02554 0067 00411 *ROSS RAYMOND F 6 LOIS K 10 [OB DRIVE 0015 OLD SOUTH RD YESTPORT CT O6da0 0068 0245 NANTUCKET BANK 104 PLEASANT ST 0001 AMELIA DR NANTUCKEt MA 02554 0054 0046 *NANTUCKET TOWN OF 001b BROAD ST 0001 MILESTONE RD WATER COMMISSION NANTUCKET NA 02554 HUNGER OF RECORDS = 9