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HomeMy WebLinkAbout048-12 17 1/2 Old South Roadw Print Form n o z --i C- c C=: rn c,, rn CO < Fie: $300.00 File No. �� ia- o v � rn Owner's name(s):Kenneth and Denise Riseborough x Mailing address: P -O - Box 3 631 Phone Number:508 -685 -4419 E -�,20:ken- neth.riseborough@yalto, f_O ;h.. Applicant's name(s):Kenneth and Denise Riseborough Mailing Address: P -O. Box 3631 Phone Number:5 0 8 - 6 8 5 - 441C j E Mail: kenneth . ri s eborough @yalto. C cwv� Locus Address: 17 1/2 old south Road Assessor's 1vIap /Parcel:67 /41.3 Land Court Plan /Plan Book & Page /Plan File No.: Deed Reference /Certificate of Title: Bk887 /p34 ZoningDist3ictRC2 Uses on Lot- Commercial: None Yes (describe) see proposal Residential. Number of dwellings Duplex Apartments 3 MFOD Date of Sttucture(s): all pre -date 7/72 Building Permit Numbers: or 1995 Previous Zoning Boaxd Application Nuinbers:ZBA Nile 56 -11 2 f airgcouuds Road Naltucker Massachusetts 02554 508 -220 -7215 telephone 500 -220 -729'0 facsimile State below or attach a separate addendum of specific special permits or variance relief applying for: C C V1 CAS l 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: SIGNATURE: �G Applicant /Attorney /'gent" *If an 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:JJ_ Planning Board:JJ_ Building Dept.:–/–/– By:_ Fee deposited with Town Treasurer:_/J_ By:_ Waiver requested: Granted:—/—/— Hearing notice posted with Town Clerk:_ /–/ ibiailed: / / I &M / / & / / Hearing(s) held on_/ / Opened on: / / Continued to: _ —/—/—Withdrawn:—/—/ Decision Due By:_/ / Made:—/ /—Filed w /Town Clerk-: _/ / Mailed:_/ / 2 Fairgrounds Road Nantucket Massachusetts 02554 508 -228 -7215 telephone 508 - 228 -7298 facsimile ADDENDUM Applicants are seeking a modification of the Special Permit relief granted in Board of Appeals Decision 030 -12. The previous Decision allowed the first floor of a mixed -use building to be used as a take -out pizza bakery business. The second floor at the time was proposed to be used as a one - bedroom apartment. Due to the excessive cost of retro - fitting the structure for a sprinkler system due to the mixed use nature of the structure, Applicants are not able to install said system at this time. In order to proceed with the conversion of the existing duplex to the approved use, Applicants must change the use of the second floor to one that does not require a sprinkler system. Applicants are proposing to convert the apartment to use as storage ancillary to the first floor commercial use only. Applicants are also asking to be able to convert the use back to a one - bedroom apartment at some time in the future without having to return to the ZBA for another modification. The apartment use is a use that is allowed by right in normal circumstances. The current parking requirement for the apartment is one space and the requirement for the storage is also one space, so there is no increase in the parking requirement. Z O � n] �� rn - m ►-� luckFl� -+ rn 3 vv, � r rn O RA. TOWN OF NANTUCKET � M u-i BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: May 11, 2012 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No Owner /Applicant: 030 -12 KENNETH S. RISEBOROUGH 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 41.3 Book 887, Page 34 Residential Commercial - 2 DECISION: 1. At a public hearing of Appeals, on Thursday, April 12, Road, Nantucket, Massachusetts, decision on the application of 3631, Nantucket, MA 02554, File T the Nantucket Zoning Board of at 1:00 P.M., at 4 Fairgrounds the Board made the following KENNETH S. RISEBOROUGH, PO Box o. 030 -12: 2. Applicant is requesting Special Permit relief pursuant to 139 -7a (uses - take -out) and 139 -20 (off- street loading zone) in order to operate a take -out pizza bakery business on the Locus. In doing so, the Applicant is requesting a waiver of the required loading zone because it would be impossible to provide on the Locus. The Locus is situated at 17 1� Old South Road, is shown on Nantucket Tax Assessor's Map 67 as Parcel 41.3, and is recorded at the Nantucket County Registry of Deeds in Book 887, Page 34. 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 recommended favorable action on the matter. Two letters were received in opposition to the matter. 4. Denise Riseborough represented the Applicant at the hearing. At the hearing, Ms. Riseborough explained to the Board that the Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139 -7a (uses - take -out) and 139 -20 (off- street loading zone) in order to operate a pizza bakery and take -out delivery business on the Locus. The current structure is a two -unit apartment building and will be changed to a mixed use one - bedroom apartment and take -out 1 pizza bakery. The pizza bakery will be contained in the front portion of the building that faces Old South Road. The parking for the business will be towards the side and rear of the locus. As it stands, the Applicant meets the necessary parking requirements for a take -out use and a one - bedroom apartment, providing nine spaces where only eight are required. At the hearing, it was explained that the Applicant is proposing that the pizzas will be sold through takeout and delivery only; there will be no seating inside or outside the building. Ms. Riseborough explained that as the Locus and structures thereon ecently s . liiibeni'll -CL loading zone -would be physically impossible- to provide on the Locus and the Board previously waived the loading zone requirement in Decision No. 056 -11. The Board, the Applicant, and counsel for an abutter discussed the possibility of siting a loading zone over some of the proposed parking spaces. The Applicant presented a concept to the Board of Appeals whereby the 14' x 35' loading zone would be sited over a portion of the proposed parking and the loading zone could only be accessed during certain hours. Further, the Applicant stated that the proposed commercial building will be air conditioned, contain three exterior entrances, a handicapped ramp, and one handicapped parking space. Also, the public hours of operation for the take -out food business will be 11:00 am to 10:00 pm, seven days per week, and closed for holidays. The building will be open to employees daily from 3:00 am to 11:00 pm. The number of peak shift employees will not exceed six (6) during any given time. 5. Accordingly, the Board of Appeals, by unanimous vote of the sitting members, found that the proposed uses on the Locus would be in harmony with the purpose and intent of the Zoning Bylaw and granted Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139 -7a (uses - take -out) for the proposed pizza bakery business subject to the following conditions: 1. That the improvements to the site shall be completed in substantial conformance with the site plan entitled "ZBA Permit Plot Plan, 17 '-� Old South Road, in Nantucket, Mass," prepared by Nantucket Surveyors, LLC, dated May 7, 2012, attached hereto as "Exhibit A "; 2. The proposed commercial building will be air conditioned, contain three exterior entrances, and one handicapped parking space; 2 3. The public hours of operation for the take -out food business will be 11:00 am to 10:00 pm, seven days per week, and closed for holidays. The building will be open to employees daily from 3:00 am to 11:00 pm; 4. The number of peak shift employees will not exceed six (6) during any given time; 5. That the loading zone overlaid on parking spaces 5, 6, 7, and 8 shall not be available for deliveries after 11:00 AM; 6. That no deliveries shall take place after 11:00 AM; 7. That no parking shall be permitted in spaces 5, 6, 7, and 8 between 8:00 AM and 11:00 AM, except for delivery vehicles; 8. Thdt ULUL3,5 for drige-way access and pa kin w-L regard to the subject property and property shown on Nantucket Tax Assessors Map 67 as Parcels 41.4, 41.5, and 41.6 shall not be affected as result of this decision. The property owners may, at any time, modify the easements to accommodate their needs-as long as the total number of parking spaces for the subject site is not reduced; and, 9. That compliance with the operation of the loading zone shall be reviewed by the Zoning Board of Appeals at their March 2013 meeting. The Board reserves the right to re- open the special permit and impose additional conditions if they find that the loading configuration is not adequately serving the use of the site. SIGNATURE PAGE TO FOLLOW C Dated: 2012 Edward Toole R`e,r/i4a­�,os'ea ac COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. to 12012 On this It DU a, 2011, before me, the undersigned Notary Public, personally appeared y , who is personally known to me, and who is the person whose name is signed on the preced' or attached document, and who acknowledged to me that hevli signed it voluntarily for its stated purpose. Notary u lic: My conunission expires: 6p13�ri. s, U� S PARKING TABLE: PIZZERIA TAKE -OUT- 5 SP/STA770N.• 1 STA77ON = 5 SPACES ONE BEDROOM APARTMENT = 1 SPACE EMPLOYEES - 1 SP/ 3 EMPLOYEES' 6 EMPLOYEES (PEAK) = 2 SPACES TOTAL SPACES REQUIRED: B SPACES TOTAL SPACES PP.OWED: 9 SPACES PARKING LEGEND.' SPACES 1O THROUGH 09 = PIZZERIA SPACES lA THROUGY 6A = CONDOMINIUM UNITS (UNITS 1,2 & 3) 67/41.4 (UV115 1 -.T) 1) 4VAN D. VAN"." MR 2) HEAL W. VAN LI£i/ J• MARIA R. VAN UEV J) NLNRY WASOUKI A — , 1 e; /e1.2 N� 4( DA. ND A d ER /.Y M. LENBERC• e'v Qzx l NOTE: AS -BUILT DATA AS DEPICTED ON PLAN BY JOHN J. SHUGRUE INC., DATED: DECEMBER 12, 2001. f'o� 0 a r p% a j . 'x fpsv fi ZONING RELIEF REQUESTED: SECT, 139-18 A(5) THREE EXISTING SPACES LOCATED ON ADJOINING LOT. SEE TITLE NOTE 2 FOR EXISTING EASEMENT. CURRENT ZONING:CN (COMMERCIAL NEIGHBORHOOD) RE -ZONED APRIL 2012 A.T.M MINMUM LOT SIZE:7,500 S.F. MNIMUM FRONTAGE:50 FT. FRONTYARD SETBACK:10 FT. SIDEYARD SETBACK:5 FT. REARYARD SETBACK:10 FT. ALLOWABLE G.C.R.:407 PROPOSED C.C.R.:19%+ REQUIRED OPEN SPACE: 20% PROPOSED OPEN SPACE: 27.47 1 v� ♦.I r' 0112 1n ti' IQI, 9'X 20' '1P. FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN RELIES ON CURRENT DEEDS AND PLANS OF RECORD, VERIFIED N IFIED BY FIELD MEASUREMENTS AS SHO HEREON. THIS PLAN IS NOT REPRESENTED TO BE A TITLE E%AMINATIOIN OR A RECORDABLE SURVEY. N.B.36B /11 C—RI!:Hi BY NANVjC'K-_ SUFAYJPS. LLC. nnE MOMS: 7. SPECIAL PERM /T RECORDED 1N BOOX 632, PAGE 307. 2 CROSS EASEMENTS FOR PARKING AND ACCESS RECORDED IN 90AY 692, PACE 33: AT NAN7UCKET DEWS AS AFTECIED BY AMENDMENT R£Cmev /N BOOK 734, PACE 242. 3 EASEMENNT GRANT RECORDED IN BOOK 692 PACE 341. 4. MUL TT -USE RESTR/CRON RECORDED IN BOOK 694, PACE 30E. 5. BOARD OF APPEALS APPLICATION N05 o. 078-94 N. 013 -96 c 013 -9E E7 /6E? N/f N /NEREN CYD 50;/?! RD L C t[rNa ZBA PERMIT PLOT PLAN 17 OLD SOUTH ROAD IN NANTUCKET, MASSACHUSETTS SCALE:1' =20' DATE:B /10/11 --:1 -a LlrY T111 �yi.' eE C� n.Si•: I perkh0 Poc. DEED REFERENCE: DDBK 587 PG 34 PLAN REFERENCE: PLNO. 01 -9 t K� ASSESSOR'S REFERENCE: MAP:67 PARCEL 41.3 G� ?SS Ip'�i�1 L�•y --„i'� Pn4r. ocr Inp cr c :I^a ZBA PERMIT PLOT PLAN 17 OLD SOUTH ROAD IN NANTUCKET, MASSACHUSETTS SCALE:1' =20' DATE:B /10/11 REVISED: 5/1/12 (PIZZERIA) .,..� -.y. REVISED: 5/7/12 (ZBA SUBMITTAL PLAN) DEED REFERENCE: DDBK 587 PG 34 PLAN REFERENCE: PLNO. 01 -9 t K� ASSESSOR'S REFERENCE: MAP:67 PARCEL 41.3 APPLICANT:: KENNETH S. RISCBOROUGH NANTUCKET SURIEYOF.S LLC 5 WNDY WAY NANTUCKET, MA. 02554 I.- i 0030 Town of Nantucket Web GIS - Printable Map Town of Nantucket Web GIS Page 1 of 1 Prop ID 6741.3 Address 17 OLD SOUTH RD Owner RISEBOROUGH KENNETH S 64 MILK ST NANTUCKET, MA 2554 Sale Date 05/06/2004 Sale Price $0 Book /Page 00887/0034 Lot Size 0.17 acres NOT A LEGAL DOCUMENT o For general reference only: Important caveats which must be considered when using this data are available from the Nantucket GIS Coordinator. Disclaimer The Information displayed on this or any other map produced by The Town of Nantucket Is for reference purposes only. The €Town of Nantucket does not guarantee the Town of Nantucket, Massachusetts accuracy of the data. Users are responsible for determining the suitability for individual needs. All information is from the Town of Nantucket Map Composed Geographic Information System (GIS) database. 8/8/2011 copyright 2005 Town of Nantucket, MA All rights reserved, Developed by AppGeo http: / /host.appgeo. cony/ nantucketnla JPriiitableMap.aspx ?Preser e= Width &MapWidth = 432... 8/8/2011 > > > 7Q El C)o o EC ECI 13 2 FIRST FLOOR FLAN RE1151ON5: NANTUCKET PIZZA BAI�LEPLY DATE: 06/18/2012 17 OLD SOUTH[ RD. 5CA LE: 1/4" = V-0" Nantucket, MA SECOND FLOOR PLAN REVISIONS: NANTUCKET PIZZA BAKERY will DATE: 0(5/la/2012 r 17 OLD SOUTH RD. 5CALE 1/4" = V-0" Nantucket, MA Town of Nantucket Zoning Board of Appeals RECENED BOARD OF ASSESSORS JUL 12 2012 TOWN OF NANTUCKET, MA LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER....... .................................... MAILING ADDRESS......... ................ PROPERTY LOCATION........ ....... .............. ASSESSOR MAP/PARCEL........ ... �t�..... ....................................... SUBMITTED BY.......... rill, ...,..: c. J.....1� ::.�. -:4. �.... �... SEE ATTACHED PAGES I certify that the foregoing is a list of all 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, 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)- D A SESSOR'S OFFI E TOWN OF NANTUCKET r a M al d a° M w P7 Y U m m 1� b vi M� a� N� m "mug U m u q b u s x m .S �J} a 9a Q���� ❑ �a °a A a a a a ypa a V O O Q O O N O A to 4 ` y❑❑ Q Q e H ❑❑ w w w w a a❑ a a a a a a❑ a a H w w z a H Q o O o 0 0 o w wg O o o a a H N w£ Fd K K U a s 4 N N r1 N ri N ill r'1 N N N fV u1 A rl N ! V N � � m iw C C' O ll1 N M N Yl YI Ifs N O �'1 N N N Yl YI Uf O `7�. IP 1!1 N l(f V1 1l1 1l1 C' 1p N m N m I(1 N N Ill t0 a 0a a mm m mo U L) U u u H Q Q Q u u F~ 2 Z H 2 m uH Hu :4 1Z .Z a mH� � m N F N 0 O a N❑ W Fa-7 N N N t F F ow m x❑ Q a a x w w a a o Q a a a w m a a o o w m a a a a a o n^ m m o z m m a 2 o N .1 N N ri ri m VI a N N N ei ri rl N N G U H a x a a a a > m m w w m N °a a z ao ao °a H m ❑ w O O O paj H a H. H a a m °w w w m ti o 0 0 0 0 0 0 U U U U U U u a a a w m ❑ ao aq [5qa F w w w w 0 h O O w a a w a C Z z a z a> o N M e b rq c n r r r r r n n r n r r r r r r r m _ 4 _I i TOWN OF BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 0Y5 M rn Date: August 10, 2V12° m � � m z To: Parties in Interest and Others concerned with tka Detbisiion of The BOARD OF APPEALS in the Application of the foll ; i co Application No: 048 -12 Owner /Applicant: KENNETH S. RISEBOROUGH 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. 4z �, 7, "/ gj�) 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 41.3 17 1-� Old South Road Book 887, Page 34 nT.M�TnN: 1. At a public hearing of Appeals, on Thursday, August 9, Road, Nantucket, Massachusetts, decision on the application of PO Box 3631, Nantucket, MA 02554, Plan No. 01 -9 Residential Commercial - 2 the Nantucket Zoning Board of at 12:00 P.M., at 4 Fairgrounds the Board made the following KENNETH AND DENISE RISEBOROUGH, File No. 048 -12: 2. Applicants are requesting a modification to the Special Permit granted in Decision No. 030 -12 in order to convert the second floor of the proposed mixed -use building to storage ancillary to the commercial use on the first floor of the structure. The Applicants are also requesting the Board of Appeals allow the Applicants to convert said proposed commercial storage to a residential use in the future without further relief from the Board of Appeals. The Locus is situated at 17 -� Old South Road, is shown on Nantucket Tax Assessor's Map 67 as Parcel 41.3, and is recorded at the Nantucket County Registry of Deeds in Book 887, Page 34. The property is zoned Residential Commercial - 2. 3. Our decision is based upon the accompanying materials, representations, and t at our public hearing. There was no recommendation on the basis that no matters of were presented. There were no letters in opposition to the application. application and estimony received Planning Board planning concern favor of or in 4. Denise Riseborough represented the Applicant at the hearing. At the hearing, Ms. Riseborough explained to the Board that the Applicants are requesting a modification to their existing Special Permit granted in Decision No. 030 -12 in order to convert the second floor of the proposed mixed -use building 1 to storage space ancillary to the commercial use on the first floor of the structure. At this time, the Applicants do not wish to use the second floor space as residential, but may like to in the foreseeable future. Therefore, the Applicants are requesting that the Board of Appeals allow the Applicants to convert said commercial storage use to a residential use without needing further relief from the Board of Appeals. A residential use is allowed by right in the Residential Commercial - 2 zoning district. 5. Accordingly, the Board of Appeals, by unanimous vote of the sitting members, found that the proposed modification to Decision No. 030 -12 to allow the Applicants to convert the second floor of the proposed mixed -use building to storage space ancillary to the commercial use would be in harmony with the purpose and intent of the Zoning Bylaw and also made the finding that if the Applicants convert said commercial storage use to a residential use, they would not need further relief from the Board of Appeals. SIGNATURE PAGE TO FOLLOW 2 Dated: 2012 COMMONWEALTH OF MASSACHUSETTS n Nantucket, ss. r�ld 12012 On this 1� 0 y of k'I , 2011, before me, the undersigned Notary Public, personally appeared K.�G`& , 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 9 /she signed it voluntarily for its stated purpose. i Nota ublic: My commission expires: % %iy /z*1H 3 L 1 F •sir • -. -. =a