HomeMy WebLinkAbout048-12 17 1/2 Old South Roadw
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Fie: $300.00 File No.
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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Continued to: _ —/—/—Withdrawn:—/—/ Decision Due By:_/ /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.
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RA. TOWN OF NANTUCKET �
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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
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NOTE: AS -BUILT DATA AS DEPICTED
ON PLAN BY JOHN J. SHUGRUE INC.,
DATED: DECEMBER 12, 2001.
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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
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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
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078-94
N. 013 -96
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N /NEREN CYD 50;/?!
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ZBA PERMIT PLOT PLAN
17 OLD SOUTH ROAD
IN
NANTUCKET, MASSACHUSETTS
SCALE:1' =20' DATE:B /10/11
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DEED REFERENCE: DDBK 587 PG 34
PLAN REFERENCE: PLNO. 01 -9
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ASSESSOR'S REFERENCE:
MAP:67 PARCEL 41.3
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ZBA PERMIT PLOT PLAN
17 OLD SOUTH ROAD
IN
NANTUCKET, MASSACHUSETTS
SCALE:1' =20' DATE:B /10/11
REVISED: 5/1/12 (PIZZERIA)
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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
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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
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TOWN OF
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 0Y5
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Date: August 10, 2V12° m
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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
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