The URL can be used to link to this page

Home My WebLink About017-84., ~~7-~~ TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 May /t , 1984 Re: ROBERT F. MOONEY C~"$`~~ Enclosed, please find notice of a decision of the HOARD OF APPEALS which has this day been filed with the Town Clerk. Any appeal from this action shall be made pursuant to Section 17 of Chapter 40A of the General Laws, and shall be filed with- in twenty(ZO) days after this date. vt~r~e rr> ~. .~ t. Andrew J. Leddy, Jr., C airman BOARD OF APPEALS -~ 31 ,. ., f.~ ~: _ {r .r;. DECISION BOARD OF APPEALS Nantucket, Massachusetts 02554 At a meeting of the BOARD OF APPEALS held at 1:30 p.m., Friday, April 27, 1984, in the Town and County Building, Nantucket, in the matter of the Application of ROBERT F. MOONEY (0l7-84), the BOARD finds: 1. This is an Application for a Variance from Section 6(B) of the Zoning By- Law (Off-Street Parking Requirements), seeking relief in order to operate a year-round muffin shop, seasonal clam bar, and daytime restaurant, not to exceed thirty (30) seats. The premises are located on Commercial Wharf in a Residential/Commercial district. 2. Based upon review of the Application, supporting documents, testimony at Public Hearing, and submitted plans, the BOARD finds that the subject pro- perty includes a 10-foot wide easement that deprives the owner of space for off-street parking, that the locus abuts property owned by the Electric Company, and is effectively limited to commercial use, that the proposed muffin shop will involve no exterior expansion of the building, that it is physically impossible to meet the off-street parking requirements of the Zoning By-Law, that the subject area is traversed primarily by pedestrian and bicycle traffic and that the proposed muffin shop will provide a needed service to guest house tourists and tourists in the boat basin. Moreover, a waiver of off-street parking requirements will not cause a substantial detriment to the neighborhood and imposition of off-street parking requirements will cause a substantial hardship to the Applicant. 3. The BOARD further finds that the Applicant's tot is subject to circumstances relating to its shape, size, topography, and encumbrances especially affecting such land but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of this By-Law would involve substantial detriment to the public good and without nullifying or substantially derogating from the intent or purposes of the By-Law. This Application, having been filed before the latest amendment to the By-Law, the Applicant need not pay any additional fee for this relief. r ti 4. For the reasons set forth, the BOARD hereby GRANTS the Applicant a VARIANCE from SECTION 6(B), Off-Street Parking Requirements, on the express condition that the seating capacity of the muffin shop not exceed thirty (30) seats, that the muffin shop operate only between the hours of 6:00 a.m: and 8:00 p.m. on a year-round basis, and that the Applicant provide adequate parking at the subject property for bicycles and mopeds, by UNANIMOUS VOTE. Dated : ~M/ay (j ~,~ ~1951'~4/~~ BOARD OF APPEALS /VILiG~~/CC~f~ N~I.~G. QC~~~r~ ~ ~ Q ~ ~~~ T CL~~~ ~.. %~ ~~ ~~'l ~ ~ C~,~ l~ AB-1 FEE $ 100 . pp Case No. ~ f .7 -' D~ APPLICATION TO THIS F'OARD OF APPEALS Iv'antucket Massachusetts To the Members of the Board of Appeals: The undersigned hereby applies for relief from the terms of the _ (ZONING BY-LAW) (BUILDING CODE) on property described below: Location of Property Commercial Wharf Lot No. Assessor's Plan 42.24-oA Plan No, t _ c' _ i n~~~-r i.~± District is Zoned for Residential /Commercial Type of structure (Existing or Proposed) or proposed use: Resta-~ra-,t Owner's I`?ame Robert F. Mooney, et ux Owner's Address 171 Orange Street Nantucket -Mass. _ When did you acquire this property?~~~~_ _ .ti ._ ~~ Has application been filed at Building Department? No ., `.} Has an revious a eal been made? Y P PP Yes-Variance g.rantPrl ~'a ~p ti~ ~.~._~~-____ _ Section of By-law or Code from which relief is requested: Sec 6-B-4 _ _ Off-street Parking Requirements Reason for asking relief: _pPt;t;~npr~ „~~~from ~,e parking_..rec}uir-~mex~ts to operat~'a'yeari-round muffin shoe seasonal clam bar and da~ti~„p restaurant, not to exceed 30 seats. Signature of applican ATTACH: (1) A list of the names and addresses of each a~utting owner_ and owner abutting the abutters. ,~ QQ, D~ (2) Check in the amount of made payable to the Town of Lo~iCS `1 Nantucket. ~~ (3) Map or plan showing the location of the property to be l considered. (4) If thE applicant is other than the owner, please indicate ya~~.r authority to make this application. ~ ~~ Si~ BOARD'S DECISION -~` ~~ P.pplication submitted to Board ~ ` __-___ r'' dvertising dates - Ilearing date ! __ ___ Iecision of Board _ _ Decision filed with the Town Clerk /07520 SUBDIVISION PLAN OF LAND IN NANTUCKET Josiah S. Barrett, Engineer October 8, 1958 E Nan-~`"'G~e t ~1a-3 ~52,C.B• ~.,C. No. 8 SSDA With G e ? N g6°08.00 E` ~4 "~ ~ ~- 6. -- 'i O " - i~/1 E N _ ___- ~o ,,... - - -- ~- ~ c ~' ~N \ WAY _ ~~_ _3_ ,- -_ _= , :-..- - ~~, ~ N ~1 i e ~ ~ ~1 ~ ~' w ~ ~ 2 , ~ _ __, ~ -~ ~ ~' ~ n ~ i ~l . ~ ~ ~~ ~ ® I ~ ~~ ~ ~ .~ \k ~ ~ ~ o ~ ~ ~ ~ l , ~' ' 1 c~ o ~ ~., 1 ~ I a o I i ~ ,~ •~ o 0 Z °o ,I N I ~ o ~ ~ i~ i ~, ,~ ~~ ; ~, ` ,(~ Reber' C' c~t.4~~0 s~~ _ 'w~ttic at,er _ _ / ~ ~ - . / ` ~ ,/ ` ' ~ ~ v y 0 ti NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, MARCH 16, 1984 at 1:30 p.m. in the TOWN AND COUNTY BUILD- ING, FEDERAL AND BROAD STREETS, NANTUCKET on the Application of ROBERT F. MOONEY ET UX (017-84) seeking SPECIAL PERMIT under SECTION 6(B) of the Zoning By-Law parking requirements). If granted, the Applicants would be allowed to operate a year-round muffin shop, seasonal clam bar and day-time restaurant, not to exceed 30 seats. The property is located on COMMERCIAL WHARF, ASSESSOR'S Plan Number 42.24-09 and is zoned RESIDENTIAL-COMMERCIAL. BOARD OF APPEALS T Andrew J. Leddy, Jr., Chairman NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, APRIL 27, 1984 at 1:30 p.m. in the 'T'OWN AND COUNTY BUILDING, FIDERAL AND BROAD STREETS, NAN'1'UCF~,T on the Application of ROBERT F. MOONEY ET UX (017-84) seeking a VARIANCE from or alternatively a SPECIAL PERMIT under SECTION 6(B) of the Zoning By-Law (Parking requirements). If granted, the Applicants mould be allowed to operate ayear-rol,nd muffin shop, seasonal clam bar and daytime restaurant, not to exceed 30 seats. 2'he property is located on C~IAL ham, Assessor's Plan Number 42.24-09 and is zoned RESIDENTIAL~'ONID~RCIAL. BOARD OF AP/PEALS l~t~l re cv ~. ~-E ~Y Andrew J. Leddy, Jr., Chairman `~- •~ ~o ~ ~~~ ~( . r ;' ~. ,~ PARCEL NUIt~BEF? F~ 'i ~ , 500 i !. 503 i~ I ` 7 494 j 495 ' ' 250 2~a 496 AB~3UTTERS Russell and Gwendolyn Guild, 51 North Liberty Street Nantucket MA 02554 William F. E11is, Sunset Hill Road, Nantucket, MA 02554 Edward Pratt, 55 North Liberty Street, Nantucket, MA 02554 497 Alma P. Ries, 55 North Liberty Street, Nantucket, MA 02554 145 Edward C. Hillis and Doris C. Hillis, 61 North Liberty Street, Nantucket, MA 02554 146 147 148 498 Leonard and Edith Feinstein, 12 W. 96th Street, New York, NY 10025 499 GJallace Strout, 6 Sunset Hill Lane, Nantucket, MA 02554 255 Charles W. and Marion L. Ellis, North Liberty Street Nantucket, MA 02554 254 Mrs. Helen Nelson, 9 Darling Street, Nantucket, MA 02554 253 Richard and Nancy Knapp, 326 Sprague Road, Nazareth, PA 19072 - .~' -~-r ~-~ - ~- r !~' ~' PARCEL NUMBER ABU---TIERS 481 231 Sam and Dorice Grillo, 19 Oldwood Road Wilbraha , m, MA 01095 227 Robert M. Kaye, 60 Monmouth Park Highway, West Longbranch 243 , NJ Alice B. Runge, 34 Redwood Drive, Halifa x, MA 02338 244 William and Vincenza Johnson Nantucket 8 Derrymore Road MA 02 , , 554 L4~ Roland and Doris Kenyon, 6 Derr ymore Road Nantucket MA , , 02554 246 Maurice and Jeanette Dee Nantucket ~ 4 Derrymore Road MA , 02554 247 James and Mar Poughkee sie CNYroll, I Carroll Street P , ~ 12601 126 Bruce Francis, 3 Dalaney Road, Nantucket , MA 02554 I25 Harry and Georgia Rex, Derrymore Road Nantucket , MA 02554 133 Leif and Inger Sjobert, 15 Claremont Avenue, New York, NY 10027 134 Ole and Mary Heen Lokensgard, 208 Eas New York, NY 10003 t 10th Street 135 , Krister and Britta Stendahl, 85 Trowbridge Street Cambridge, MA 02138 132 , Paul and Valerie Pfeiffer, 33 Pike Str Augusta, ME 04330 eet, 131 Harry Pt u~, ~ru~~ ., .,, ., Boca Raton FLT ~4yo queen Palm Road - 33432 23 Donald and Elizabeth Williams, 86 North Liberty Street, Nantucket, N-,A 02554 ~ - 3 - 1' _._a~ •• RIDER A w . All of the following Parcels appear on Tax Map #41: PARCEL NUMBER ABUTTERS 226 Albert L. anal Gladys Silva, Gardner Road, Nantucket, MA 02554 234 George E. and Margaret Taylor, North Liberty Street, Nantucket, MA 02554 235 236 Robert E. urd Kathleen B. Nii.not, 9 Line Street, 142 Boston, rU1 f Donald S. Gifford, North Liberty Street, 142.1 Estate o Nantucket, MA 02554 Dear. K. Stevenson, Robinson Roaa, 140 Salt. pc,int, NY 12578 Kenneth C. Ambrecht, Siscowit Read, 139 Round Ridge, NY 10576 Clara Donnell, 79 North Liberty, Street, 138 Nantucket, MA 02554 Commonwealth of MassachuN Po02554 at 137 MA antucket North Liberty Street, Town of Nantucket, Town and County Building, 29 Nantucket, MA 02554 George L. and Margaret FleminrlY 50 Cliff Road 28 Nantucket, MA 02554 Curtis and Joan Barnes, 1~ Sunset Hill Road, 450 Nantucket, MA 02554 n Iiugh W. Conlon, c/o Nantucket Savi gs 02554 501 N ~ 104 Pleasant Street, Nantucket, Kenr~etr~ S. Baird and Elizabeth At.=-ee- 4 Sunset Hill, 502 Nantucket, MA 02554 / .~