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Home My WebLink About029-82 Town of Nantucket I Q Zoning Doa,,1 of .1/'I'~al. Nantucket, Ma8s. 02554 O;;yJ.... ~ d January 19, 1983 Re: PETER F. DOOLEY (029-82) Enclosed please find notice of a decision of the BOARD OF APPEALS which has this day been filed with the Town Clerk.' Any appeals from this action shall be made pursuant to Section 17 of Chapter 40A of the General Laws, and shall be filed within twenty (20) days after this date. Kevin F. Dale, Chairman NANTUCKET BOARD OF APPEALS /fp~cJ) ~O 17aJf- ) 55vL " BOARD OF APPEALS Nantucket, Mass~chusetts DECISION: At a meeting of the BOARD OF APPEALS on Friday, January 14, 1983, in the Tmm ~nd County Building, in the matter of PETER F. DOOLEY (029-82), the BOARD finds: 1. This is an application for relief from the decision of the Nantucket Building Inspector denying the applicant R Certificate of Occupancy for a restaurant at Madaket Road/ Midland Avenue, Hadaket, Nantucket, t1assachusetts b~sed upon the Building Inspector's finding that the applicant's intended restaurant use of the premises was subst~ntially different from the prior, non-conforming restaurant use. The applicant was denied a special permit by the BOARD to expand the subject premises on ~my 10, 1982. On October 22, 1982, the Building Inspector denied the applicant a Certificate of Occupancy. A Public Hearing in this matter was held on December 17, 1982. At a public meeting on January 7, 1983, BOARD members Bartsch, Cahoon and Taylor met to vote on this application for relief. After due deliberation, these members moved to continue the vote until January 14, 1983 in order to review the substantial amount of documentation received in connection ,>lith this ~pplication for relief. It is argued that more than 75 days have elapsed from the filing of the subject application with the BOARD to the date of decision herein; however, the BOARD notes that the applicant has not filed a Notice of Appeal from the Build- ing Inspector's decision with the Town Clerk as required by Section 7-G-2 of the Zoning By-Law and, therefore, the Town Clerk has not transmitted copies of said Notice of Appeal to this BOARD. Thus, the applicant has failed to comply with a procedural requirement which is a condition precedent for jurisdiction by the BOARD on this matter. Without waiving this procedural deficiency, the BOARD conducted a public hearing on this application for relief in response to public concern and as a courtesy to the applicant. 2. Based on review of the application, supporting documents, photographs, plans and testimony at Public Hearing, the BOARD finds that the applicant was denied a special permit to expand a prior, non-conforming re- staurant use (liThe Penguin") situate at Madaket Ro,qcl/ Midland Avenue, Madaket, Nantucket, Massachusetts pur- suant to Section 71 of the Zoning By-Law by the BOARD of Appeals on May 10, 1982. Thereafter, the applicant altered and expanded the subject premises by increasing the area for seating from 100 sq. ft. to 450 sq. ft., by eliminating a partial residential use of the premises, by increasing the parking area, by increasing the square footage for bathrooms, by installing a large refrigeration unit in the back of the premises, ano by attempting to convert a small, seasonal, take out lunch counter business largely catering to daytime visitors at ~fudaket Beach to a full- service restaurant with a muoh greater seating capacity and longer operating hours. The BO~RD finds that the applicant's proposed restaurant use of the premises does not reflect the nature and purpose of the "Penguin" use prevailin,l:, when the Nantucket Zoning By-L~w took effect. Specifically, the BOARD finds that at the time of the adoption of the Nantucket Zoning By-Law, tiThe Penguin" restaurant was providing sand- wiches, ice cream and soft drinks primarily on a "take-out" basis during the summer season to tourists visiting the Madaket Beach. The applicant's proposed use does not reflect the nature and purpose of the "The Penguin" use since the applicant intends to conduct a full-service restaurant, serving lunches and dinners on the premises, during both day-time and evening hours. Moreover, the BOARD finds that there is a substantial differ.ence between the character and degree of the prior Penguin use and the applicant's proposed use. Specifically, the applicant has increased square footage for seating, in- creased the seating capacity, increased parking, expanded and remodeled kitchen facilities, eliminated a partial res- idential use and changed the character of the prior use by converting a small, take-out restaurant business to a full- service restaurant. The applicant's proposed use will be different in kind in its effect on the ~mdaket Neighborhood than the prior Penguin use because traffic congestion in the area will increase, especially during the evening hours, (as evidenced by increased parking space and increased seating capacity), demands upon the precarious water resources in the Madaket area will increase, and the applicant has, in the past, applied for an all-alcoholic liquor license for the ~="-'----"-- ~,/""""'?':'~',~:-" -':~'"",, _" ..",'~"'" ,ft';t''ll~'''~''::.-mw--__'_-:,_~"_,,'_'7...':';'''''';':'',-" :-~-___;~; premises. Taking each of the above factors into consideration the BOARD finds that applicant proposes to extend and alter substantially the prior Penguin use of the premises. In addition to the factors stated above, one BOARD member found that the applicant was precluded from any relief pursuant to Section 7-G-6 of the Zoning By-Law since the subject application was not specifically and materi~lly dif- ferent from the applicant's prior application for relief, which was denied unanimously on }my 10, 1982. 3. For the reasons set forth herein the BOARD affirms the decision of the Nantucket Building Inspector denying the applicant a Certificate of Occupancy in respect of the pro- posed restaurant use of the subject premises, by unanimous vote. Dated: Nantucket, Mass. January /1' 1983 BOARD OF APPEALS ~ ,\ 1 ' I ) . ! I !\ 11,/1 { c..... 'ri cf'~V' 1/ 5; t / f'? ~ 0 ~j I . '-- -. ,,- ~_. { '>_-::> \~ ,"'\ /. (; ;/) '. 1.>---' i ,f-.../z 0- . 1-- ._)~ Jt~~../U ,/ ~Q..\::. ~ ~ '""--",, 34 NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, December 17,1982, at 3:00 p.m., in the TOWN AND COUNTY BUILDING, Federal and Broad Streets, Nantucket, on the application of PETER F. DOOLEY (029-82) seeking relief from the provisions of SECTION 7-D-2-a of the Zoning By-Law (denial of Occupancy Permit for Restaurant establishment by Building Inspector). Property is located on MADAKET ROAD/MIDLAND AVENUE and is zoned R-2. h . '\)~ ~l \ ~l L \ '( 2 ~~~~~.~~I\ \ t~~~,,--~ ~ BOARD OF APPEALS Kevin F. Dale, Chairman ,..- .., AB-l ~- - FEE $ 100.00 Case No. 029-8'1/ APPLICATION 'TO THE BOARD OF APPEALS Nantucket Massachusetts To the Members of the Board of Appeals: refusal of the Buildiqg Inspecto.~ to. issue a The undersigned hereby applies for relief from tne te:DlBa..af=Y1e c e r t if i cat e 0 f (ZONING BY-LAW)"i3UU.rGl=NG=GG~ on property described below: occupancy . under tbe Location of Property Madaket Road/Midland Avenue Lot No. ___\qq Plan No. -:"Oq:J. -7 Dietrict is Zoned for R-2 pre-existin~ non- Type of structure (Existing 6f"~~ or proposed use: f8~t~~~~~ se as Owner's f'Tame Peter Dooley Owner's Address Hummock Pond Road, Nantucket, MA 02554 When did you acquire this property? June_,1982 Has application been filed at Building Department? Y,es and was received.P-~.~~.,;. ~J~ Has any prf>vious appeal been made'? Related special permit (010-82) denied under Section of By-law or Code :fI:om which relief is requested: Section 71 of the . l Nantucket Zonlng By-Law and G.L.c. 4.0A, ~ 6. ~ lD . ~f,r:/i "6 tz;n h-.-. i P/~ Reason for askin~ relief: The Building Inspector val~dly and properly issued a permit for al. teratlvll::; Lv dIl e.&is"Cing buiDiing-; out" then 'refused on October 22, 1982, to is9ue.a certificate of occupancy even though the work has b~en completed in accordance with the permit. Thp ~pp~rent reason is the Inspector's belief that the potential use would amount to an "expansion" of a pre-existing non-conforming use. The facts indicate that theLe hdS LeeIl IlU change or substantla.l extenslon of the non-conforming use so the Inspector must issue the certificate of ncrollPonry ~s ~ m~t-t-pr..a..L law. . .. r~ ~1"llulll r" "I "I'l'l H' Illll_;.'r~) cf.'tt)Z",.j-7 ATTACH: (1) A list of the names and addresses of each a\)utting owner. and owner abutting the abutters. :# 1://) ~r: (2) Check in the amount of . made payable to the Town of Nantucket. (3) Map or plan showing.the location of the property to be considered. (4) If the applicant is other than the owner. please indicate yOllr authority to make this application. BOA nDI S DECISION P.pplication submitted to Board A c1vertising dates Bearing date Decision of Board Decision filed with the Town --Cie'rk - -- ---- ---~-----------_.- -. ~J , . ....~l '1 '; \",;, I r:- ;" j' ; '", '! : l' 1~, F' rf ~ -- -, : ,t.' ,,~~;j) C'7-' . \f J ,j'" I-,:: 'l Ut: J l' tl' Jll infett.':,;t Jl1 tLe i'ii1ttc'r (jf the petition of: PETER F. DOOLEY P.Go Box 455, Nantucket,_Iv1A__9_~554 l ~: I . 1 ~~at~~ :i~~tt~l~e ~~d~\~~ ~a~fi~~~~1~~laTI~uS-~4~'- Claude P. Bamberger 34 Fuirview Road Tenafly, NJ 07670 George Elmore Taylor Hargaret Taylor North Liberty Street Nantucket) Hi\. 02554 Beth Y. Bleick 1070 Park Avenue New York, NY 10028 \-Jayne B. Hanson Madaket Nantucket, l1A 02554 Catherine A. Hosmer Madaket Street Nantucket, ~~ 02554 Philip N. & Lillian D. Gallagher Madaket Nantucket, MA 02554 He len Chappe 1 Midland Avenue Nan t '.lC ke t, lv\,A, 0255/+ Anthony C. & Myrtle M. Ostrmvski Madaket Nantucke t, l'~ 0255/+ Kathleen Mitchell 36 Allen Road Vlinches ter, HA Inhabitants of the Town of Nantucket Town Clerk Broad Street Nantucket, MA 02554 Miriam F. Lindsey Harry H. Lindsey Stonecleare Road Boxford, ~~ 01921 Edward H. Hhelden, Jr. Lillian Hhelden Madaket Nantucket, 1"1t1. 02554 Melvin E. Hanson Carol H. Hanson Fruit Valley Road Oswego, ~~ 13126 Ri ta H. l-10ran 71 Ne'dell Drive Cumberland, RI 02684 Lindsey R. Perry 239 Ne\-lburyport TPKE Topsfield, K~ 01983 Richard J. Whelden Sadie VIne lden Nadaket Nantucket, HA 02554 lvlitchell Todd, Jr. Hadaket Road Nantucket, J.J.....\ 02551~f Gisa Botte 239 Newburyport TPKE Topsfield, NA 01983 John H. Kittila, 'Jr. Winifred C. Kittila 147 Main Street Nantucket, l'~ 02554 I! ;'JlJ1 '.) i:; ,:l ::.;t ,{ :c!"~():l::,\ljc; c~r(~ Oh'ner~; (If land t! li1; !'; ~'"tv :1))c1 (''ii'; cL laud directlY ol-'POSih' thE: 1 l \' ;-,1 ."trt..'-l(-tt c)r \-.}(~I_,. I :1';:1 C'1,'7nc'r~~'. ()f land \v.lt.1"'in 3nu f~~et i{ ,1 t I 11 II ~'1:') :. hc'/ 21,~! ('dt" ()r1 th(~ rnc>~;t l-L(~C:;'""lt apT)} i.r_~nr;]e . J' ,~ . ,\.. ,.:) " ""~ 1,.......- ~ ::..-c.c.......- #. .{' l , .~: \ ,,----_. .._~.-_.- . -_.- ~ ------ "/0 . . /' ...//':' ,// U ;/ "';2 ,r'~/ d-- ~)../ . l ! ./""-" /:' /&.;::: '>::'~i/ :'1 j.~ ~3 ~'.~ l-; :; :.'; Co; r ", .',/ ~........ i / / / L ~i/l r' ".?:-fi -c:/* .../I"~ -t..J 6/ j",,,,, ~,'. ' a /ofJ