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Home My WebLink About026-12 63 Surfside RoadFee: $300.00 � �o D �3 Z C C7 �7 rn --� W TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Owner's name(s): FEATHERSTONAUGH FAMILY QS TRUST File No. OX_ I L Mailing address: 99 PINE ST, ALBANY, NY 12207 Phone Number: 518-436-0786 E -Mail: JDF @FWC- LAW _ COM Applicant's name(s):FEATHERSTONAUGH FAMILY QS TRUST Mailing Address:. Phone Nuinber:508- 221 -5665 Locus Address: 63 SURFSIDE ROAD E- Mail:link025S4 @gmail.com Assessor's Map /Parcel: 67/222.1 Land Court Plan /Plan Book & Page /Plan File No.: Deed Reference /Certificate of Title: 11N r - 1041 Zoning District_ R -C2 77 M n M rT1 0 Print Form Uses on Lot- Commercial: NoneYES Yes (describe) istory commercial food takd ou+ eel1 a(1. Residential: Number of dwellings 0 Duplex 0 Apartments 0 Date of Structure(s): all pre -date 7/72 or Building Permit Numbers: Previous Zoning Board Application Numbers: 041 -07 SURFCONET RT, DICKEY TRUST 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile State below or attach a separate addendum of specific special permits or variance relief applying for: 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. SIGNATURE: Owner* SIGNATURE: /2 Applicant /Attorney /Agent* Ll *If an Agent is representing the O ner orffi-e App (ca , 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posted with Town Clerk:_ /_/ Mailed: / / I &M /—/— & /_/ Hearing(s) held on: _/ / Opened on: / / Continued to: / /_ Withdrawn: / / Decision Due By:—T- / Made: / / Filed w /Town Clerk: / / Mailed: / / 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile pD >DnDan a Z � m x 0 O 2 rn A A A A P A X p w ^..ID �Omm viz O o� Z D D pz.zi. vziZZm a z D z w CD fAD N _O N rr N N N C 7� V W D � Ln Z � C o Z c -n x� m rn v �„ —n D 7C fD F..1 l m J C �l m , cCo ►� ° n m %0 T rn CD Lnn m o O A rn C 4- .p z N = r = O D _� ri z�Fm C - �. 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DICKEY TRUSTEE. Enclosed is the Decision of the 30ARD 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. �Hcy J. S��ns,_Chairman cc: Town Clerk Planning Board Building Commissioner /Zoning Enforcement Officer PLEASE NOTE: MOST SPACIAL 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 2OARD OF APPEALS OFFICE AT 508- 228 -7215. ZB 39Vd GNVOS DNINNV -U e6GLRZZRRG L_ T : TP 7 Ta7. 1 Tr iPa NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 025S4 Assessor's Map 67, Parcel 222.1 Residential Commercial 2 ( "RC -2 ") 63 Surfside Road Man Book 24, Page 63, Lot A Deed Red. Book 1001, Page 74 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, May 11, 2007, at 1:00 P.M., in the Conference Room, 2 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following Decision on the Application of SURFCOMET REALTY TRUST, PHILIP E. DICKEY TRUSTEE (hereinafter the "Applicant "), of PO Sox 675, Nantucket, Massachusetts 02554, owner of the above - property; Board of Appeals File No. 041 -07: 2. The Applicant is seeking relief by SPECIAL PERMIT pursuant to Nantucket Zoning By-law §139 -33A (alteration /expansion of a pre- existing nonconforming use/structure); SPECIAL PERMIT relief to the extent necessary, pursuant to §139 -18, waiving the required parking related to the take -out food use with the ancillary outdoor seating area, in order to validate the existing parking situation; SPECIAL PERMIT relief to the extent necessary, pursuant to §13920, waiving the loading zone requirement; and SPECIAL PERMIT relief, to the extent necessary, pursuant to §139 - 913(2)(0) in order to validate the exiting use as a takeout food establishment. Applicant proposes to construct a conforming addition onto the rear of the existing take -out food establishment known as "The Shack ", which would be used to provide the required bathrooms for employees. The Shack has operated under a building permit issued in 1979 as a "restaurant ", with there being no definition of a take -out food establishment in the Zoning Bylaw at that time. In addition to being nonconforming as to parking and loading zone requirements, the lot is nonconforming as to front yard setback, with The Shack being sited within the required 10 -foot front yard setback area as close as about six feet. When the structure was built the front yard requirement was zero feet. In all gather respects the lot and structure are conforming to the dimensional requirements of the Zoning By -law. The Premises is located at 63 SURFSIDE ROAD, Assessor's Map 67, Parcel 222.1, Plan Book 24, Page 63, Lot A. The property is zoned Residential-Commercial-2. Cn 7s,,H! MAH a MITKIKH-1A Q 7JCl77QrAC CT'TO 7TGY7M2ICO 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 and the Applicant, no other public comment was made at the hearing and there were no letters on file. 4. Applicant, through personal testimony and through legal counsel, stated that he proposed to re -open the take -out food establishment, known as "The Shack% and continue to operate it as a take -out food establishment in a similar fashion as it has been operated since 1979. He proposed to construct a conforming addition onto the rear of the nonconforming structure that would be used to provide the required bathroom for employees working on site. The Applicant represented that at the time the structure was erected it complied with the setback requirements of the then Residential - Commercial (R -C) zoning district, which had a zero (0) front yard setback in 1979. Thus the current siting of the structure within the currently required ten -foot front yard setback area of the RC -2 zoning district is duly grandfathered. In 1980, the zoning district changed by a vote at the Annual Town Meeting to R -C-2, with a front yard setback requirement of 20 feet. As the structure is pre - existing nonconforming, Applicant is seeking relief by special permit pursuant to Nantucket Zoning By -law §139 -33A to alter and expand the structure as proposed. At the 2006 Annual Town Meeting, the front yard setback requirement was changed again from 20 feet to ten feet. The structure on the Premises is currently sited as close as about six feet from the front yard lot line along Surfside Road, as shown on a site plan prepared by Charles W. Hart & Associates, Inc., dated January 12, 2006, a reduced copy of which is attached hereto as Exhibit A. 5. Applicant represented that In the RC -2 zoning district, a take -out food establishment is allowed subject to the granting of Special Permit relief pursuant to Nantucket Zoning By-law §139- 9.B(2 )(0). The Applicant represented to the Board that he wished to change the designation of The Shack from "restaurant" to 'lake-out food establishment" to regularize the situation as the use was clearly not as a restaurant. At the time the structure was built, there was no such designation for take -out food service in the Zoning By -law and the predecessor in4itle received a permit to operate as a restaurant. Applicant proposes little change to the operation, and would maintain the exterior seating area but would continue to have no table service. There would bra no more than three employees at peak shift on site_ Accordingly, the Applicant requested validation of The Shack as a take -out food establishment as defined by §139 -2 of the Zoning By -law. 6. Applicant stated that the there was limited parking to the rear of the structure and there was no possibility of providing an on -site loading zone due to the irregular triangular shape of the lot. No loading zone was required by the Building Department when the original 1979 building permit was obtained, though such a space was required for the use at the time. Therefore, the Applicant requests a Special Permit under §139- 20.0 waiving the provision of a loading zone space. Applicant stated that The Shack has operated for over 28 years without a loading zone and without incident or complaint. Applicant also stated that he rarely receives deliveries to the Premises by commercial carriers and he would travel off site to retrieve the supplies necessary for the business. 2 41„ _1n1H_J aN"nq nWTNNf_W 86ZLGZZ805 61 :I0 ZtOZf10 /60 7. In addition, the Applicant requests a Special Permit under §139- 18(B)(2) of the Zoning By -law for a waiver of the required parking spaces related to the take -out food establishment with the ancillary outdoor seating area. The Applicant stated that most of its customers access the Premises by foot or bicycle given The Shack's proximity to the Surfside Road bike path and NRTA shuttle stop. In addition, there was no requirement made by the Building Department in 1979 that parking relief be obtained from the Zoning Board of Appeals prior to issuance of the building permit, though the lot did not meet the parking requirement for the restaurant use at the time. The Applicant also requests a waiver of any required parking spaces for the portable plastic seats and tables that the Applicant proposes to maintain for patrons waiting for their orders. Applicant represented that he would maintain the existing parking area in the rear that could accommodate three vehicles at any given time. 8. Therefore, based upon the presentation by the Applicant and his legal representative, the Board of Appeals finds that the grant of special permit relief to validate and regularize the permitting status of The Shack as a "take -out food establishment' would be in harmony with the general purpose and intent of the Zoning By-law and would make practical sense given the current provisions of the Zoning By- law. Further, the Board finds that a waiver of the requirement for provision of a loading space, and a waiver of the required parking spaces for the takeout food establishment and ancillary seating related thereto, would be in harmony with the general purpose and intent of the Zoning By -law and not contrary to sound traffic and safety consideraflons. The Shack has operated for 28 years without incident and does not cater to vehicular traffic. The Board finds, however, that the Applicant shall maintain at a minimum the three existing parking spaces on the Premises. The Board expressed concern about the possibility that the use would expand to one that would need a loading zone in the future and the Applicant agreed to make the Special Permit relief particular to Surfcomet Realty Trust's control of the property. Further, the Board finds that the expansion of the nonconforming structure in order to add an employee bathroom at the rear of the structure would not be substantially more detrimental to the neighborhood than the existing nonconforming structure, particularly as the addition would be conforming and constructed in order to meet current health and building code requirements. 9. Accordingly, by UNANIMOUS vote, the Board of Appeals GRANTS the following relief to the Applicant: (a) relief by SPECIAL PERMIT pursuant to Nantucket Zoning By- law §139- 33A(4) to allow the alteration/expansion of the pre - existing non - conforming structure on the Premises as proposed; (b) relief by SPECIAL PERMIT pursuant to Zoning Bylaw §139 - 9.13(2)(0) to validate and regularize The Shack as a take -out food establishment as defined by Zoning By -law §139 -2; (c) relief by SPECIAL PERMIT pursuant to Zoning By -law §139 -20.C, waiving the provision of an off - street loading facility; and (d) relief by SPECIAL PERMIT pursuant to Zoning Bylaw §139 -18 waving the required parking spaces for the takeout food establishment, including the ancillary outdoor seating area on the Premises, subject to the following conditions: (a) The relief granted hereby is specific to the Applicant in this application, and should control of the property transfer from the Applicant, further relief from this Board would be needed to continue the use herein permitted; 3 CA gnVa cimv1S qNINm -id e6ZLOZZ805 61:10 ZLOZ /10 /E0 (b) Applicant shall maintain the existing rear parking area in order to accommodate a minimum of three vehicles on site; (c) The use is restricted to that as a take -out food establishment with no service to the tables and any change of use would require further relief from this Board; and (d) The rear addition shall be constructed in substantial conformance with the plans approved by the Historic District Commission in Certificate of Appropriateness No. 50,096, that may be amended from time to time. 10. In separate action, by a UNANIMOUS vote, the Board waived site plan review required by Zoning B) law §139 -23. Dated: June [ , 2007 Brim Kos atac - 16 David Wiley - urr upper ` 2 90 30Vd GNV09 JNINNV-Id 66ZL8ZZ809 ET:TO ZTOZ /TO /E0 3 : :�rtes� ' OR P .� Z20 "� r 'X'&*'-5.4 f r� : ICRWO,, /Y/,a any. SrAot4wo try ,.}& WAY or 't 07 WOW APAr f, r rrl.„ -,na L U7ka ki-i._t RF,ZZRZZ809 cT %T0 ZTOZ f Z0 /E0 MORMGE PLOT FLAN OF LAND IN car. m AiE arm oP wr NA:�TUCKET, MASS. , , o am _ iNE FEDEI�AI. ICY WWMff MMW OF Ws! JAI 19% *0 AS PER WALLY REVISED. Owner, W-91 Y1.4 {i/ f.'� s;. 20414 M PLAT PUN WS Fl�FMM FOR 1�lQ MADE PUMM My AND &W W ro @E ODt b FWJ. Q�i /E% i � ,�'. •! LOOM rax 1/ap::{v!. t�:�" :" PJRW( PLAN go" � lac. nl#)Mt*dONON 7NL PROPERTY U4M NOW CAS W. HW & A,SSOCULM ar w CUMM WN 40 Mtl';i 09 FZM. AS TO ME � 8AWORV BOAT BUZWG 49' SPAM J4V&�iiM iamisiorwAmff Of A55p34ft NAWMT, MM, 08554 0 M OF ]NP TOWN OF WINfUCW. f, r rrl.„ -,na L U7ka ki-i._t RF,ZZRZZ809 cT %T0 ZTOZ f Z0 /E0 4 q, m Town of Nantucket Zoning Board of Appeals RECEIVED BOARD OF ASSESSORS DEC 0 2 2011 TOWN OF NANTUCKET MA LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER.... G.: [i!%. r.�...` '......:+��!�'1.[�� `_('i`Vt' MAILING ADDRESS ....................................... ............................... PROPERTY LOCATION.......... ....... 4_. J ?':..... r�..... ASSESSOR MAP/PARCEL....... 4'. ....... .............................. APPLICANT... SEE ATTACHED PAGES I certify that the foregoing is a list of persons who are owners of abutting 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, all as they appear on the most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 40A Section 139 -2 BK , -,?" ,20-d DATE SSESSOR'S OFFI E Town of Nantucket r N N N N J m T U U U U U U W W W W W W N N N N N N N N N N N N N N N N N Y N N N J 01 Of OI W W w U. b b m m W A A A W W N N N N N N N N N Y N Y Y Y Y N W N O �D m J OI W Y O b J U N w N W W W W W w W W N O �O OD J OI O O b m J� In a W N UI A my yqC T b H H N� O Z O H H yH H cyy�� k yyO�I yqO�� ry yyZ yCO� � ❑pO 4] O n ci bH C 4yyy w M kG 7gggr ��gpO! 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W N fn U VI lT A N a U W O a a Ui W U n A a a a a n a U a a a A p A 0 A 0 a a w A p Y A 01 A Y Ol Y f0 U 01 U J J Y Y Y Y a Y Y J J QI Y OI N fp pI Oi A A O1 U U U U J b W U O N a Of P W Y m Ol A N O N O J O Y U UI N O 1p J Pl '.i', CNCp CC NNC fQQCn ro ro ro ro VCl H yro �VC.11 w w 'f� w H H p H L*1 fCyA C UCyI yVC1I Cyy H H H H H H b H ti C M ^] ^] 70 5 Z 5 Z ^7 0 M �+1 �+1 H �1 n M $ O O ?l O g O H h7 71 �+7 Lry h7 gO g O O O O n m ��N,17 ^H] 'H] ^M1H]J ��i+++yJJJ tt0h1 MMO MMO MO ^^H77 tl 41 N H 2-H M Mm t•1 O O nayJJ O m C M M 3 H a Kl H m h] P] bJ L+l 0 0 0 0 P7 O L9 hl M H PI b b [mg b b k L*Hml k k k b b b b ro a N r b' b m Y O n X O K C 7 W K m Q p m En 7 m u 9 (D 0. 0 m n H b ro 0 m 0 0 0 t3 H H 1C: M L•J � yr H y H F-I z G) To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 026 -12 Owner /Applicant: FEATHERSTONAUGH FAMILY QUALIFIED SUBCHAPTER S TRUST 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. 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 67, Parcel 222.1 63 Surfside Road Lot A, Plan Book 25, Page 63 Residential Commercial - 2 Book 1256, Page 206 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, April 12, 2012, at 1:00 P.M.; Thursday, May 10, 2012, at 12:00 P.M.; Thursday, June 14, 2012, at 12:00 P.M.; and, Thursday, July 12, 2012, at 12:00 P.M. at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of FEATHERSTONAUGH FAMILY QUALIFIED SUBCHAPTER S TRUST, 99 Pine Street, Albany, NY 12207, File No. 026 -12: 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 proposes to demolish the existing "shack"' and build a new 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.B.(2) (parking requirements) . The Applicant proposes to provide three (3) 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 1256, Page 206. 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 our public hearing. There was no Planning Board recommendation on the basis that no matters of planning concern were presented. There were no letters on file in support of, or 11 in opposition to, the project. One abutter spoke at the hearing and expressed concerns regarding the parking provided on the Locus and whether the Applicant had rights to the abutting way. 4. Ms. Tori Ewing represented the Applicant at the hearing. At the hearing, Ms. Ewing explained to the Board that the Applicant is requesting Special Permit relief in order to operate a take -out food establishment pursuant to Nantucket Zoning Bylaw Section 139 -7a (uses - take -out). The Applicant proposes to demolish the existing "shack" on the Locus and instead construct a new structure that will comply with all zoning intensity regulations. The new structure will be used for take -out food. Furthermore, the Applicant is requesting waivers of the parking requirements pursuant to Nantucket Zoning Bylaw Section 139 - 18.B.(2) and the loading zone requirements of Section 139 -20.C. The Applicant is proposing to provide three (3) spaces on the Locus. The Applicant is proposing to have at most 3 people working at a peak shift, which requires 1 parking space. The Applicant is also proposing 5 picnic tables which will have 4 seats each, which requires a total of 5 parking spaces (1 for each 4 seats). The take -out station itself requires 5 parking spaces as well. Therefore, the Applicant is required to provide 11 parking spaces on the Locus, but can only provide for three (3) spaces. Accordingly, the parking waiver will be for a total of eight (8) spaces. In an effort to mitigate the number of parking spaces required, the Applicant agreed to limit the number of picnic tables to two (2) in an effort to encourage a more transient business. S. At the April 12th hearing, the Board and Ms. Ewing discussed whether or not there was an easement allowing her to traverse the way abutting her property. At subsequent meetings, an abutter questioned the right of the Applicant to access this way as well. After an extensive review of the deeds, it was determined that the Applicant does have rights in the abutting way. 6. The Board and the Applicant discussed the traffic considerations and how much parking the Applicant would be able to provide on the Locus. After a discussion between the Board and the Applicant, the Board found that Special Permit relief 2 for a take -out use, a waiver of the loading zone requirements, and a parking waiver of five (5) spaces would be appropriate given the location and zoning district in which the Locus is situated. 7. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board of Appeals found that Special Permit relief for a take -out use, loading zone waiver, and a waiver of five (5) parking spaces on the Locus as shown on the plan entitled, "Proposed Landscape Plan," prepared by Link, dated July 31, 2012, attached hereto as "Exhibit A ", is in harmony with the purpose and intent of the Zoning Bylaw and granted the relief with the following conditions: a. That the hours of operation shall be 6:00 A.M. to 7:00 P.M., Monday through Sunday; b. That the Applicant shall provide three (3) parking spaces, as shown on the attached "Exhibit A "; c. That the required loading zone for the commercial take- out use shall be waived; d. That there shall be no music emanating from the structure; e. That the Applicant shall provide the employees of the business Nantucket Regional Transportation Authority (NRTA) passes; and, f. There shall be no more than three (3) workers at maximum peak shift. 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