HomeMy WebLinkAbout054-11 Jamie V. Marks and Mary T. Marks (2)r
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: October 14, 2Q~1
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To: Parties in Interest and Others concerned with the Decisi~dn of
The BOARD OF APPEALS in the Application of the following: _
Application No: 054-11 ;~
Owner/Applicant: JAMIE V. MARKS AND MARY T. MARKS
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.
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Edward S. Toole, Chairman
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 54, Parcel 11 Lot B
Book 1220, Page 172 Plan No. 2010-4
Residential-Commercial-2 2 ~ Toombs Court
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Thursday, September 8, 2011, at 1:00 P.M., in the
Public Safety Facility Community Room, at 4 Fairgrounds Road,
Nantucket, Massachusetts, the Board made the following decision
on the application of Jamie V. Marks and Mary T. Marks, c/o
Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669,
Nantucket, Massachusetts 02584, File No. 054-11:
2. Applicants are requesting Special Permit relief
pursuant to Nantucket Zoning Bylaw Section 139-7A (uses - take-
out food establishment) in order to use the Locus for retail
purposes, primarily as a seafood market with take-out food
available. Although retail sales are available as a permitted
use in the Residential Commercial-2 zoning district, the sale of
take-out food requires a Special Permit. The Locus is situated
at 2 ~ Toombs Court, is shown on Nantucket Tax Assessor's Map 68
as Parcel 775, is shown on Plan 2010-4 as Lot B, and is recorded
at the Nantucket County Registry of Deeds in Book 1220, Page
172. The property is zoned Residential Commercial-2.
3. Our decision is based upon the application and
accompanying materials, and representations and testimony
received at our public hearing. The Planning Board
recommendation was not of planning concern. No opposition was
presented at the public hearing.
4. Pursuant to a recently issued building permit,
Applicants are currently renovating an existing structure upon
the Premises for use as a retail seafood market. Retail sales are
a permitted use in the RC-2 zoning district, however, the sale of
take-out food requires the issuance of a Special Permit. The
Locus is situated mostly in the RC-2 zoning district and extends
ten (10) feet into a Residential - 20 zoning district; under the
provisions of the Bylaw, the entire lot is to be treated as being
in the RC-2 district, being the less restrictive of the two
districts. We note that in the vicinity of the Locus, there are
several retail and restaurant establishments, many of which
provide take-out food service. Applicants will meet all required
parking, screening, and loading zone requirements, and to the
extent feasible, are planning to use existing vegetation along
the lot borders to facilitate screening.
5. The Board finds that Applicants' proposed take-out use
is in harmony with the general purpose and intent of the by-law,
and by UNANIMOUS vote, hereby grants the relief requested, to
allow take-out food to be sold upon the Locus subject to the
following conditions:
(a) Applicants shall meet all parking and screening
requirements under the by-law; the height of any vegetative
screening shall be maintained as required under the by-law; and,
(b) There shall be no take-out after 8:00 p.m. in the
evening.
SIGNATURE PAGE TO FOLLOW:
Dated: ~fiUM I. 2011
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Micha ~ a
im ~o~e~~ac
Michael Angelast
COMMONWEALTH OF MASSACHUSETTS
Nantuck t, SS
~~ l3 2011
On the ~~ day of Uj~hh~ 2011, before me, the
undersigne ota y public, personally appeared
~•~ ~w+ one of the above-named members
of the Zoning Board of Nantucket, Massachusetts, personally known
to me to be the person whose name is signed on the preceding
document, and acknowledged that 1`i /she signed the foregoing
instrument voluntarily for the purposes therein expressed.
Notary Public '~,~.. ~,
My Commission Expires:
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