Loading...
HomeMy WebLinkAbout034-10 Horne, Allison(Rhomboid Properties LLC)o ;lU ~ ~ ~'1 ©~~ ~ ~_ ~ ;~.`. , - ~- - N ,. r', .. ~, ti D TOWN OF NANTUCKET ~, ~ W BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Fee: $300.00 File No. ~~" ~~ Owner's name(s): Rhomboid Properties LLC Mailing address: 75 State Street, Boston MA 02109 Phone Number: 508-825-1104 Applicant's name(s): Allison Horne E-Mail: gwaters@nantucketbank.com Mailing Address: 81 Newbury Street, Boston MA 02116 Phone Number: 617-901-5698 E-Mail: Ahorne@allisonhorne.com Locus Address: 63 Surfside Road Assessor's Map/Parcel: 67-222.1 Land Court Plan/Plan Book & Page/Plan File No.: Plan Book 24, Page 63, Lot A Deed Reference/Certificate of Title: Book 1184 Page 57 Zoning District: RC-2 Uses on Lot- Commercial: None: X Residential: Number of dwellings: Yes (describe) existing take out shack Duplex Apartments Date of Structure(s): all pre-date 7/72: Yes or 1979 Building Permit Numbers: Not Applicable Previous Zoning Board Application Numbers: 041-07 State below or attach a separate addendum of specific special permits or variance relief applying for: Please see attached. I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNA Owner* SIGNATURE: ~~ ~'~ T" N"n ~ ~~~ ~~ ~ ~ o~ ~~ e o Applicant/Attorney/Agent* *If an Attorney or other Agent is representing the Owner or the Applicant, please provide a signed proof of agency. OFFICE USE ONLY Application received on:_/_/_ By: Complete: Need Copies: Filed with Town Clerk:-/_/_ Planning Board:-/_/_ Building Dept.:_/_/_ By:_ Fee deposited with Town Treasurer:-/_/_ By:_ Waiver requested: Granted:-/_/_ Hearing notice posted with Town Clerk:-/_/_ Mailed:-/_/_ I&M_/_/_ &_/_/_ Hearing(s) held on:_/_/_ Opened on :_/_/_ Continued to:_/_/_ Withdrawn:-/_/_ Decision Due By:_/_/_ Made:-/_/_ Filed w/Town Clerk:-/_/_ Mailed:-/_/_ . ~ Exhibit to ZBA Application -Allison Horne Applicant, as contract purchaser, wishes to demolish the existing "shack" and build a new building 15' x 22' (330 square feet) with a 6' x 22' covered porch and an 8' x 8' employee bathroom. the structure would comply with all zoning set- backs and ground cover requirements. Applicant seeks a Special Permit pursuant to Nantucket Zoning By-law Chapter 139-96(2)(0) to operate a "take out food establishment". She intends to serve pastries (prepared off-site), soft serve ice cream, bottled drinks and coffee. There will be no grill, no stove and no fryolator. Applicant requests a Special Permit under Chapter 139-20C waiving the loading zone requirement. Applicant requests a Special Permit under Chapter 139-18(B)(2) for a waiver of required parking spaces. Applicant proposes to provide four (4) on-site parking spaces. 6^:'~~~~ C,~F',~~~~~~~5 ~AAY Y i 2010 >> T ~:r~~ i'~e O l~Es~F~!T~C~', ~ "~ . j~j_ t D ~ ~. Town of Nantucket Zoning Board of Appeals LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER..........i2 ~ ~ M ~~ ~ ~ Q ~u Q ~^-i"lC 5 L. L C. -~ S STC~~c b't ~USi o~J ~`^~-SS MAILING ADDRESS........ ~~--~"~ ~ ~'`j ...... U `Z / 0 9 PROPERTY LOCATION........ L`..~..... S.`.'`~ F;S.~ ~ t....... ~ ~ ................ . ASSESSOR MAP/PARCEL...... ~':..~ . ~...~'..a` ~' : ` .............................. SUBMITTED BY....... ~-. ~.... VL~po~. ......................................... SEE ATTACHED PAGES I certify that the foregoing is a list of all persons who are owners of abutting 4 property, owners of land directly opposite on any public or private street or way; and abutters of the abutters and all other land owners within 300 feet of the property line of owner's property, as they appear on the most recent applicable tax list (M.G.L. c. 40A, Section 11 and Zoning Code Chapter 40A, Section 139-29B (2). ao ~ ~ DATE o SSESSOR'S OF E TOWN OF NANTUCKET ~, q W W W g W a WW WW q W F W W W o ppqq W o 0 0 p opi~ W W W W g q H a pp77 I] .£ ~ F~ m m m 6a m U F. S. a F S+ W~ m m W O F+ m U' U' CaY U' m m m N W W~ U U m ~ ~ .e R ~ ~ ~ ~ ~ a °u °u ~ u ~ a a ~ ~ ~ ~ R ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ m a a N~~ ~-+ ~ W m m a N ~t ~~ ~~~ ~" m om m a ~+ w a a a a w m m m a pea;', ~" ~t a ro n m o N ul of '1 o n o N o W N C b m ei m a b a P N o a Ill 1~1 O1 n N N N N b o a b b m N b .-I b [~ l~ r1 ri b .i 'f ei H n {~ N b Ifl W ei b .-I w v p b a a w w a a .i e~ m w v In a w o w o w a a w .~ a w m e~ a a a a v a N Ifl N p IA IlI N N b N N Ill m N Ill O W Ill V~ Il1 V~ Ill 1l1 u1 1l1 O m N m N N Y1 N b m W Q UI Ill Ill rl 1f1 I!1 I(1 1l1 Ifl N ~ N O N N V~ Ill Ifl r N {~ I(f N N N m h W N N N N N N Ill N •.i N N N N N N N N N N Al N N N N l~ N N N N N N N N N b N N N N N N N N N N N o 0 o N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o m o 0 0 0 0 0 0 0 0 0 ti~~~~x~~~x~x~~~~~x~~z~~~~~~~~x~e~~~~~~x~~~x~ F~ H H H F F H F F F F F H O H O H H F H H H F H F H H F y~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ N 0 m m H 'rod a a d ,~ a z H F ~ ~ f7 W ~ ~ ~ ~a ~a ~ ~°a o ~ z ~ ~ °a a ~a a qa a m a ~ ~ p~ ai V W W W a q [~ W U W W F F H H O N a N W W W W W W U N N W b N H W H N H M H g b N rNi H b N N yp F m ( m.~ ( m~ Ca9 (~f 'yam~y t~f H H H H H N U e-1 N [Fi ~ b l~l O g H H a a a H a~ a N ma N O N rl D d p It R .-I O N a w a a a a~ N K pz b ~w~npkop~~~~u~~oa~oN~°m°mw'ica7~~caooao~oOO~pOp~~~~~~m~o ro 0 0 O O O O O m O .-I O .i O O O .-I rl b N N O llI 0 ei m o b o o In O R aaalnaalnlnb.r ab abam aaMmM,-iN.+a.+anr~nbu~N.~ a a H H F m pm;; am ti F E F a H ~ ~ ~~ m a a z ~ a w w a a m a ,~aNj H V O H ~ H H H U F W U q q q T. it W m a ~yW S ~WaC 7~ U ~y~ a U H R N H W ~' .W] ,~y+ W ~yyq~ '~j Ha' W ~i H a b .SEE pp11 ~~]1 ~C ~., LG rC w ^ '~ R .W7 W H ~ o-p£Hl T. 7. o qq W .a H a {pq7 w WW b o a s H R ~a-1 ~ H~ al ~~ pa' h N ~ a ~ W W~ U H~ H F F ~ W a H a H ~ a m a sa a s °r a p~ p p a U a U' O a al a .a O a F 4 a a p; p W p'l~. pz~ a1 ~tl CC W R n z "µy' 'JC F U H H W p7 Iq ?. x U U a a m a ry a~ ''~T°~yi H .q7 al 6F7 '~l. a a 3 a ~ ral a O a a a W a m H p p a ~ !C ~C 7. ~ R q ~Oi F M~ y O H H a a °a u z ~ ~ U ~ ~ ~ ~ °a r°, z F z o a ~ ~ ~ ~ ~ ~ ~ a ~ ~ a ~ m q z z z a p ~ a ~ a~~ ~+ ~ u m ~y~ ~ a°, WW]` pop Wo ;,''µTyy~,~ pip c°. e°a. a ~a °~ ~ p~; ,QF~Wy ~~y Ep~µ~' Fp~µ~ r~ H H H q~ ~pµ°e~; a ~-1 p0 ~~ P: !G !G g q G F~~~~ O O U v! U 7. 7, a k~7 'OT. 0~0 A F A F G g F io R u a b ~ b 'V' Y1 ~ N 1~1 W N b {~ m Ol ~ Y O O b n W 01 O rl N M 1~1 M l+l M N N 1~1 N M C N Ill {~ m 01 O rl h b n m 01 O N M N O rl N N N N N N N N N N N N N N N N l~l t7 N C d~ m m m Ot OI Ill Ill Ill N Ill b b b r ~..~ a N N N N N N N N N N N N N N N N N N N N N n1 M M t~1 M l~l Ill N N Ill N Ill b b m O N N rl m n n n n n r n n n r n n n n r r e~ r~ e r n n n n n r n n r n n n n n e~ ~ b b b Ip b b b b b r b b b b b b b b b b b b b b b b b b b b b b b b Ilj i~l / ~ ~ I ~ i ~ i ~ ~ ~, ,~ i ,, ~ ~ ~~ P ~~ ,~ ~ z ~ P ~ - ~~~ ~ i" a o~ ~ I ? ~- ~ o ~.. _ ~c cu Q a ~ I / C'~ Q ` ~ ? °_ I ~~ .~W ~ ~ `~ °- E a. ~ I \ ~ x ,~ ~ \ ~ v ~ ~ ~ ' ~ r~ ~ t \ ~ ~ ~' ~ ~ \~ l ~\ ~ ~ ~ ~ 1 ~ ~ ~ ~ l ~ ~ ~ ~ ~ ~ ti ~ ~ , 6'd L90Z-8Z8-809 pe~iwi~u~ sean}nn~}S d~£~£0 OL L L ~~W s • ~.~ 16 ps •~ ~~ Gb ~~z : ~Q i '. `. i ~ v H ~ - C ,~ 0 ~ ' a N ~~_ ~ ~ N Z OG ~ t+1 Q • = ~ ~ .~ c~. Z ~~ ~~a W .: u. W ~ Q _ ' F- W 'C a -7 c i dj ~ U ZQ~•d ~ g W ~ a zga :• o ~ ~ ~.s ~' ~a z g ° .~ m~ g .~ ~~ ;~ ~ • ~ ~. a Z m~ F lT ~ ~ ~ vi W Q S ~ ~~ ~~ N ~ M ~ \~ `` ~~'~bl S i~ ~l~v~`Qg5 Og .J" O W \, ,' ~„ \~~~ ~ti- • ~d,G N N N ~~ . ~• ~~ .~ N~e:til~.~ ~. "~~ ^6 g 8 O ~ a ~z . .•. ~Q~ ~~ z ~' '' •z ~• ~~,~ ~ ~ E~~~-~~ ~~~~i .~ ~~~~~~~~~ ac~a~ ~ « $ U z m e ~~ -.,~^CQ~v.- "' N a ~yO~ O ~ .~. c ~ Qti od~m `e £ N ~ ~ ~' ~~ . .~ o~~ ~ . ~~~ ` ~ .~ ~ ~, - ~'o n ~•o~ ~~ ~:N ~g 8 1 N M • Z m OFFER TO PURCHASE REAL ESTATE "THIS IS A LEGALLY BINDING CONTRACT. IF NOT UNDERSTOOD, SEEK COMPETENT ADVICE." from the Office of: JORDAN REAL ESTATE. DATE: May 10, 2010 To: Nantucket Bank a Division of Sovereign Bank or Rhomboid Trust I hereby offer to buy the property herein referred to and identified as follows: 63 Surfside Road, Nantucket, Massachusetts, further identified as Map 67 Pazce1222.1. I hereby offer to buy said property under the following terms and conditions: (1) I will pay therefore Two Hundred Forty Thousand ($240,000.00) dollars, of which: (a) $ 5,000.00 is paid herewith as a deposit to bind this Offer. (b) S 35,00.00 is to be paid as an additional deposit upon execution of Purchase and Sale Agreement as provided for below. (c) $ 200,00.00 is to be paid in cash, certified check or bank draft at the time of the delivery of the Deed. (d) $ 240,000.00 is the Total Purchase Price. (2) This Offer is good until 12:00 P.M. on May 11, 2010, at or before which time a copy hereof shall be signed by you, the Seller and your (spouse) signifying acceptance of this Offer, and returned to me forthwith; otherwise this Offer shall be considered as rejected and any money deposited herewith shall be returned to me forthwith. (3) The parties hereto shall, on or before 5:00 P.M. on May 25, 2009 execute a Purchase and Sale Agreement, which when executed, shall be the Agreement between the parties hereto. (4) A good and sufficient Deed, conveying a good, clear and marketable title of record shall be delivered at 1:00 P.M. on SEE BELOW at the Nantucket County Registry of Deeds, unless some other time and place are mutually agreed upon. (5) (a) If you (Seller) do not fulfill your (Seller's) obligations under this Agreement, said Agreement shall be enforceable both at law and equity, (inclusive of specific performance). (b) If I (Buyer) do not fulfill my obligations under this Offer, the deposit (1) (a) mentioned above shall become your (seller's) property as liquidated damages without recourse to either party. (6) Time is of the essence hereof. (7) A fee per the listing agreement will be paid by the Seller to Jordan Real Estate (5%), the listing broker(s), upon passing of title. (8) Buyer is responsible for 2% Land Bank Tax. This Offer to Purchase and subsequent Purchase and Sale Agreement will be contingent on Buyer, at Buyer's sole expense, obtaining a Special Permit from the Zoning Board of Appeals substantially similar to the previous Special Permit 041-07 which is attached to this offer. Closing to take place 10 business days after the expiration of the Appeal Period. (our) hand(s) and seal(s). SIGNED u(S yeY)~ALLISON HORNE (Address) 132 Miacomet Avenue Nantucket, MA (Phone #) 617.901.5698 This Offer is accepted upon the foregoing terms and conditions at M. on 200 . Receipj.~'f the deposit of~,0 .00 is hereby acknowledged. [,/ U (Seller) Nantucket ank by its uthorized r ive (Seller) (Broker) Jordan Real Estate a __; ~~ ~, TOWN OF NANTUCKET ~_ :~; BOARD OF APPEALS ~= ~' NANTUCKET, MASSACHUSETTS 024 Date: June 16, 2010 o .~ c i~ ~- ~., .~ __.. w L To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 034-10 Owner/Applicant: RHOMBOID PROPERTIES, LLC Owner ALLISON HORNE Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed with 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 a complaint in Land 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. /~, Michael J. O'Mara, Chai an cc: Town Clerk Planning Board Building Commissioner/Zoning Enforcement Officer PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING BY-LAW SECTION 139-30 (SPECIAL PERMITS); SECTION 139-32 (VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICE AT 508-228-7215. NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 67, 63 Surfside Road Parcel 222.1 Plan Book 24, Page 63, Lot A Residential Commercial 2 ("RC-2") Deed Ref. Book 1001, Page 74 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, June 11, 2010, at 1:00 P.M. in the Conference room 2 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following Decision on the Application of RHOMBOID PROPERTIES, LLC, Owner ALLISON HORNE, of 81 Newbury Street, Boston, Massachusetts 02116 (hereinafter "Applicant"); owner of the above-captioned property; Board of Appeals File No. 034-10: 2. Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139-30 (special permits) to be allowed to operate a take out food establishment as allowed in Section 139-7.A (allowed uses). The Applicant, as contract purchaser, proposes to demolish the existing "shack" and build a new 330 square foot structure that will comply with all zoning intensity regulations to be used for take out food. The Applicant also requests a Special Permit pursuant to Nantucket Zoning Bylaw Section 139-20.C. (loading zone) in order to waive the loading zone requirement and Section 139-18.8.(2) (parking requirements). The Applicant proposes to provide four (4) on-site parking spaces. The site is located at 63 Surfside Road, is shown on Nantucket Tax Assessor's Map 67 as Parcel 222.1, is shown as Lot A in Plan Book 25, Page 63, and title is recorded at the Nantucket County Registry of Deeds in Book 1184, Page 57. The site is zoned Residential Commercial - 2 (RC-2). 3. Our decision is based upon the application and accompanying materials, and representations and testimony received at the public hearing. Other than the presentation by Applicant's legal counsel, there was one question from an abutter relative to access for the bike shop. 4. Applicant, through legal counsel, stated that she was the contract purchaser of the property commonly referred to as the "shack". Her intention is to demolish the existing building, which is in a state of disrepair and violates the front yard setback requirement of the Zoning Bylaw, and build a new structure with approximately 330 square feet of ground cover. The new structure would comply with all zoning setbacks and would be well under allowable ground cover. Her intention is to serve soft serve ice cream, coffee, bottled drinks and pastries which are prepared off site. Applicant represented that in the RC-2 zoning District, atake-out food establishment is allowed subject to the granting of a Special Permit. The "shack" has been operating in this location since 1979, and she intends to spruce up the building and grounds and continue this low intensity commercial use. Applicant intends to provide four (4) off-street parking spaces and would like to have outdoor seating for 16 people. Under the parking provisions, it would be necessary to provide nine (9) spaces (5 for the take-out food establishment and 1 for each 4 seats). This property is adjacent to the Surfside bike path and expected patrons are mostly walkers and bicyclists using the bike path. There will be some automobile traffic, but it will be negligible. Applicant also requests a waiver of the loading zone requirement as it is not necessary for her size operation. Additionally, the irregular triangular shape of the lot makes it virtually impossible to physically provide a loading zone on site. 5. Therefore, based upon the presentation by Applicant's legal representative, the Board of Appeals finds that the granting of the requested Special Permit would be in harmony with the general purpose and intent of the Zoning Bylaw and would be no more detrimental to the neighborhood than the current use. Further, the Board finds that a waiver of the requirement for a loading zone and a waiver of five (5) parking spaces for the take-out food establishment and ancillary seating related thereto, would be in harmony with the general purpose and intent of the Zoning Bylaw and would not be contrary to sound traffic and safety considerations. 6. Accordingly, by unanimous vote, the Board of Appeals grants the following relief to the Applicant: a. Relief by SPECIAL PERMIT to allow Applicant to operate a take- out food establishment as allowed in Chapter 139-7A; b. relief by SPECIAL PERMIT pursuant to Zoning Bylaw Chapter 139- 20.C, waiving trie provision of an off-street loading facility; and c, relief by SPECIAL PERMIT pursuant to Zoning Bylaw Chapter 139- 18waiving five (5) parking spaces. Said relief is subject to the following conditions: a. Outdoor seating is limited to sixteen (16) seats b. The use is restricted to take-out food establishment with no waiter/waitress service to tables 7. In separate action, by a unanimous vote, the Board waived the site plan review required by Zoning Bylaw Chapter 139-23. SIGNATURE PAGE TO FOLLOW ~u ~7 Dated: -dam 7~ 20710 Michael J. O'Ma erim Ko to F ;' ~~ Marc Poor COMMONWEALTH OF MASSACHUSETTS c/u~~j Nantucket, ss. ~ulrr..~/ ~tne• 7 , 2010 On this ~ day of~2010, before me, the undersigned Notary Public, personally appeared /~etl'1~ /~i.. , who is personally known to me, and who is the person whose name is signed on the preceding or attached document, and who acknowledged to me that he/she signed it voluntarily for its stated purpose. i~'~®' Notary Public: I~dt~ts5t /C My commission expires: /yarr.~i »~ ~r3