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Home My WebLink About075-12 2 Union st (5 Washington)RECEIVED ZOIZ DEC 7 FPI 1143 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET TOWN CLERK NANTUCKET, MA 02554 APPLICATION Fee: $300.00 File No. OS -tD Owner's name(s): Mailing address: Dn Pox 101 Coon 551f Phone Number: 502- ,7d.R -I %54 E -Mail: �rti la�,.r,:�Nlxa. Ors Applicant's name(s): Mailing Address: 1 fk,�.tni5 17 nl (�� wtIl n.1 S4 Phone Number: 4ll ? -47(„ -1241 _E-Mail: Ly .niJ t�.(owt Locus Address: 1114 ion W45:ttxc.i Assessor's Map /Parcel:4 .1 I Land Court Plan /Plan Book & Page /Plan File No.: Ak 13Q r Deed Reference/Certificate of Tide; 03g /�Aq_ Zoning District (,yT Uses on Lot- Commercial: None _ e)describe) �GiGtl Residential: Number of dwellings Duplex Apartments Date of Structure(s): all pre -date 7/72 _ / or Building Permit Numbers: Previous Zoning Board Application Numbers: 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: V� w sl�{r 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. Owner* *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:_ /J_ Planning Board:_ /J_ Building Dept.:_ /J_ By: Fee deposited with Town Treasurer:–/–/– By:_ Waiver requested:_ Granted: / / Hearing notice posted with Town Clerk: /–/— Marled:—/—/— I&M / / & / / Hearing(s) held on: _ /_ /_ Opened on: _ /_/ Continued to: / / Withdrawn: / / Decision Due By: /_/ Made: -7- / Cl _ Filed w /Town erk: _ /_/ Mailed:—/—/— 2 Fairgrounds Road Nantucket Massachusetts 02554 508- 228 -7215 telephone 508- 228 -7298 facsimile II /i3/ia "G OCAO \5 � CA �� nj OED SI� _ 1 r Cn� 1E11t� C .A U -Tli�"L yo p Search �j Print• o,' Edo ® Recelc WSummar, Tree! 42 GE M BII JdI PadeL 4231/ /186// Ute 3220 Type WP-B Ladion'. 2 UNION ST Aaeaaed4eMr 1,475.1300 LawllLmd 004 AC III Emnphonss 601Fn . F le • New • Tools • Abutters Requests Suppamental Data .il Abatanents 6 Asset, ', ��a ��Y fT/�9�tP�8R�A� ®' m��6%'a�sln �a''t•��) J IM Paeosl Ad ..SASS IedP ad Nd H y owl ®B�trO H t y Claxilicat 6L , of fqBuitlegl nw } ^ n ^ } Con e n Oetal ! } '� ti9.i' uaG amuso Comm IEI ne 1 Co:: Element Cal IM Ass led Lados i v.. t Oulbultlaga ( L ' 1 Q EK Fed s Bod"'P t �I V¢11HW y Building Not sketch PhPhoto O e Phoro r' i } 3 Lomp bl 5 a r� Ily , I Cogpu bl Sales D Y N • i (""•T } }' too. aluals- Ye A adl dD u.. i bl Manl f r 1 ; k s y 49If1 GeographscInforevation { GIS Map IN A Show51 IdP 19 - '=t/ - T1 1 Add Pa I To Gap I #i,l 1pt6 S$, r Remy P ooF Gr WL 11RrS ( 4. ` N.illm CIar All G otmd PameF Shm Conerable Peem Cain J Zaaa TOGmped Pata - i Ragresion Madotmg 4231/ / 212/ /31 MAIN ST 3011 VALENTINE HUSSEV BLOCK LLC 4231212 96]] om.aua Edit Mode DFF r GrowlFMode Tuesday, Nov 13, 2012 08 :55 AM � 06 Town of Nantucket Zoning Board of Anneals RECEIVED BOARD OF ASSESSORS Nov 13 2012 TOWN OF NANTUCKET, MA LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER............ 4.0 A ................... ............................... MAILING ADDRESS ........ F?:R:..nv.4X ..... MCaUac 931 ............................ PROPERTY LOCATION ......... �:.....V.n IU.% t ......... ............................... ASSESSOR MAP / PARCEL.......... 4131 ............. YX............................. SUBMITTED BY ............... U'W ..... L�.t�.4sJ 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), II //3 /1.7 DATE a 5e45. ASSESSOR'S OFFICE TOWN OF NANTUCKET (f 2§ §r ......._..` ..,,.�` §Ail A!!; � ! .� :| •. :�,,, ,,,,.! . ,,,,, :. |v. ! . | 1 � \� : : ;. |v. ! . | 1 � \� z H� M ri E III, 444444404444�44444444444�4444444 =�44444C44o44 i R qryqry �4 � nCCeB� n 4p Qd4a V��n nRRRr� � nmmx4 �e�4n ° ease: e�.. n. mm�sss€ Ss"e�s�aansnan� "sns6�s�ns...... a�s��so3wA� >�es�e`s 3a��4 "�_._= 6�a�acffie n......" emm� nneeeaonnmmnm..........nrnn m mn m mmmmmmm o aeanveAO TOWN OF NAMTUCKET a - s+� ` BOARD OF APPEALS NANTUCKET. MASSACHUSETTS 02M4 Date. April �.r . 19py P IPI P P NTINC O SPEC AL P Maeeschuaatte Ganor.1 Gre. Chapter 40.A. Sectlon ll The BOARD OF APPEALS of the TOWN OF NANTUCKET, hereby Certiflta that SPECIAL PERMIT has been GRANTED: ",( Owner /Applicant) M Historical A 1 1 (022 -951 1 Addreeu PA. Bok 1016. Nantucket. MA 03 yyd af[eetin9 the right. of the Owner /Applicant with respect to land or building at. 2 Union Street: .Aeee -aor•s Map 12.3.1, Parcel 186, Gnd Cov[c Plan 3si69 -A, , Deed Reference, 13D, a2 And the BOARD OF APPEALS further certifies that the Attached pee bion la a true and Oorcect Copy of It- Dec blon GRAhTIMG the TiOfl6R SPECIAL PERNIT and that copies of the Decision and of ell plane referred to in the Decision have been filed vith the Planning Board and the Town Clerk. The BOARD OF APPEALS calls to the attention of th- Owner/ Applicant that General Laws, Chapter WOA, SOCtian 11 (lAat Paragraph) provides that n0 g1DOg YAWYAR SPECIAL PERMIT. or any EXTENSION, MODIFICATION or RENEWAL thereof. -hall take affect until (A) A Copy of the Decision Is certified by the Town Clark that TWENTY (20) days have elapsed after the Decision has boon filed in the office of the Town Clerk sad no appeal has been ' it such appeal has been filed. that it has bean diem sled or denied) and (b) the certified Copy I- racertled In the Registry of Dacia for the County or Nantucket and ledaxad In the Bunter index under the naXa o[ the "May of Record o[ lechc`ecordin9dorole91.t -ring she 19 beapaidl byt the O nor /APPlicant,lor fee CM1a [nao Clerk �� ADA`tCUPAR085 D>,� -43' +aymaryR TOWN OF NANTUCKET t BOARD OF APPEALS "0 +•i °' NANTUCKET, MASSACHUSETTS 02554 Dates April ZS, , 19)s To: parties in Interest a.d.Othets c ...road with the Decision Of the BOARD OF APPEALS in the Application Of the f 0llovin9: Application No.: 032 -95 Owner /Applicants NANTUCKET HISTORICAL ASSOCIATION Enclosed is the Daniel.. of the BOARD OF APPEALS which has thin day D.en filed in the office of the Nantucket Town Clark. An Appeal from this Decision may be taken pur .... t to Section 17 of Chapter 40A, Massachusetts Oane[aI Laws. filing motion appealing the Decision most be Drought y. this d an complaint in court with In TNwith 1301 y of thee[ cola ain's data. Norio of the action with Decision copy of tM tomthe nt and oert if las copy 0C to. ed wti dust be ENT.n to the Tom Clock es as to be received vl[h1n Such TWENTY (x0) a.ya. C� Dal. N. Hain. , Ond[am cm Town Clerk ^ Planning Board Build) OR Coviaei ... I tommi MAN Map 41.3.1 3 Union street Parcel lab Deed seek 133, Page 190 , sidentiat Commas =101 District NANTUCKET ZONING BOARD OF APPEV -s DECISION: The Bmatd of Appeals at a publio Nearing held on Friday, April T, 1990, at 1:00 p.m. in the Moen and COwnty Building, Nantucket, . .... h ... tta, made the following Decision on the application (022 -95( of the NANTUCKET HISTORICAL ASSOCIATION, of P.O. BON 1016, Nantucket, Massachusetts 02554. 1. Applicant Seeks a Spacial Permit under. Nantucket Zoning By -Law Section 139 -30 for relief from the off -street perking regeirementa of Nantucket Zonlnq By -Lev Section 139- 18 to waive the requirement of edditlonel off - .treat parking apace. triggered by changing the use of the first floor of the Structure from office space to up to four (Q aupstate retail unite. Applicent further stake a Special Permit under Nantucket Zoning By -Lev section 139 -30 for relief from the off - street Loading facilities requirement of Nantucket Zoning By -Law section 139 -20 to waive any off - street loading facility requirement triggered by the proposed change of The Premises a. located at I UNION STREET, Nantucket, r M ... aehusetta, Aasmsao'a Map 42.3.1, Parcel 186. The property is zoned RESIDENTIAL OOIMERCIAL and is located in the CORE DIsrNlL on the HANTUCKEI PARKING DISTRICT NAP. 2. The Board's decision is based apddnrehe application and materials submitted with St, p n pr.... and testimony received at the hearing on April J, 1995. One letter in support of the application is on file. Tba[e wee no uppeg Board t no i to the .... Staendetiial Permit Relief and the 3. The Applicant represents that the property has been used for its offices on the first and second floors and storage in the third floor attic since the Applicant acquired the property in 1968. Each of the first and second )oof0V3r1a087 tloo" eontain approximately 1,435 square teat or eomarolal apace. The Applicant new plane to lease the property to up to four'(() retail spaces on the first floor and two (2) office .paces on the second floor, vin third floor attic storage that 1. ancillary to the retell /oftice uses on the first and second floors. No perking he. heen provided ..- site in the past. The structure and surrounding sidewalks Cover 1002 of the property, and Eased on the location of CM atructure, providing any off - Street parking spaces or leading facilities would he physically i.po.sibla. Under Zoning, Me current uses of the property are grandfathered as to sixteen (16) oft - street parking spaces. By the change In use of no first floor from office to retail, Nantucket Boning By -L. Section 139 -18(D) requires each .tell t ... at to provide one off - street parking apace for every three employees In addition to the basic floor area requirement of one apace per two hundred (200) square feet of commercial apace_- This increases Us total required off - street parking e. The Board finch that this the Cora District of the Nantucket therefore, the Board pursuant to No Section 119 - 18(8)(1) can waive 1002 requirements. The proposed retail the general purposes and intent of Lev and consistent with other multi downtoun area that also do not prov Because the Pr Salaam can be readily loading spaces already established property in located in Parking District Nap, and stocker toning By -Lev of the Parking uses are in harmony vin Me Nantucket Zoning By- -usa Buildings in the ids parking on -Site. serviced by the public for the Lover Main Street retail area, granting the requested loading facility relief is not contrary to sound traffic, parking or safety consideration.. For mesa re ... a,, the Board finds net the Applicant See" the requirements of Nantucket Zoning By -sew Section 119 - 18(8)(3) and Section 119 - 10(1). S. Accordingly, by a unanimous vote, the Board her"y G2ANT9 Special Permit Belief to waive the additional off - street Parking space requirements of Nantucket Zoning sylom, Section 139 -18(8) and loading facility requirements of Nantucket Zoning Sy -Lev Saction 139 -20 to allow the Applicent to Moog. the use of the first floor of the Prnleee.to up to four (a) retail tenth" m the first floor Etwo (Z) office tenants on Ua eetond floor with ancillary storage m no third floor, under the following eoMltiomn (a) no Applicant shall have no moth than no .1. of four (6) retell temnts on em first floor and WKW73M[EOSB be (1) office tenante en Me ..co floor of Ne Preeisee, * W (b) none of the tenants in the Pt—i -- -hell be fooe -ec9lcs utaClisheenta or teal asteb agent- or ELONKe feted: APcil 1995 0el W. Neine I L P. 111 tid 1 �icchael l!A'' ngela e Kanry Sav ens Kieheel olmra "FFX MrxbK1111VKilS4amwE xMrlroxMK1Y: a IKtrt/Karmxonw werRx Ikaeml�uaoua�twKKt W uwb KA S$nui1G.. �. ry9NaaK RECEIVEO TfyN CLERK'S CWMCO NANT *^ T, MA 025M TWE: APR 2s 11995 C1ERN ��. J.G.. fur 19M 9 Vllfm NP"KET COUNTY W M M CHPDMCK REC'0 EIIT M QTEiT R GIMR End of fexn t ?? Off_ • ' �\'9pORAt�� TOWN OF NANTUCKET RECEIVED BOARD OF APPEALS 1013 FEB 15 H"1 10 21 NANTUCKET, MASSACHUSETTS 0;5 $ ET TOWN C L E r� Date: February 14, 2013 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 075-12 Owner/Applicant: NANTUCKET HISTORICAL ASSOCIATION AS OWNER; YANIV EYAL AS APPLICANT 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 . N / Ed r• Si 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 42 . 3 . 1, Parcel Deeds Book 132, Page 290 186 2 Union Street Commercial Downtown DECISION: 1 . At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, December 13, 2012 and Thursday, January 14, 2013, at 1 : 00 P.M. , 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of NANTUCKET HISTORICAL ASSOCIATION AS OWNER; YANIV EYAL AS APPLICANT, 2 Union Street, Nantucket, Massachusetts 02554, File No. 075-12 : 2 . Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139-18 .B (2) (parking waivers) in order to waive seven (7) spaces which are required because the Applicant is proposing to convert a portion of the Locus for take-out food with a total of six (6) employees at peak shift. The Applicant is also requesting a modification to Decision No. 022-95 to eliminate condition (b) in Paragraph 5, which states, "none of the tenants in the Premises shall be food service establishments or real estate agents or brokers offices. " The Locus is situated at 2 Union Street, is shown on Nantucket Tax Assessor' s Map 42 . 3. 1 as Parcel 186, and owner' s title is recorded at the Nantucket County Registry of Deeds in Book 132, Page 290 . The site is zoned Commercial Downtown. 3. Our decision is based upon the application and accompanying materials, 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. One letter was received in opposition to the proposal. An abutter spoke at the hearing and suggested the Applicant revise his suggested hours of operation. 1 4 . Yaniv Eyal represented himself at the hearing. Mr. Eyal explained to the Board that he is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139-18 .B. (2) in order to waive seven (7) spaces which are required because the Applicant is proposing to convert a portion of the Locus for take-out food with a total of six (6) employees at peak shift. Further, he would like to modify Decision No. 022-95 to eliminate condition (b) in Paragraph 5, which states, "none of the tenants in the Premises shall be food service establishments or real estate agents or brokers offices . " At the December 13th hearing, the Board asked the Applicant to provide additional information regarding the proposed hours of operation and a floor plan. At the January 14th hearing the Applicant provided the Board with said hours and floor plan. Said floor plan is attached to this decision as "Exhibit A. " Mr. Eyal asked that the hours of operation be from 7 : 00 am to 2 : 00 am. An abutter requested the Applicant reduce the hours of operation and provide proper trash receptacles outside the business in order to eliminate some of the refuse that may collect on the street. The Board suggested that the hours change to 6: 00 am to 11 : 00 pm and agreed that trash and recycling receptacles should be placed outside the business. 5. Therefore, after a discussion with the Applicant, the Board finds that such Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139-18 . B. (2) to waive the seven (7) required spaces and to modify Decision No. 022-95 to eliminate condition (b) in paragraph 5 would be in harmony with the purpose and intent of the Zoning Bylaw and would not substantially derogate from the intent of the original decision. 6. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board of Appeals made the finding that such Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139-18 . B. (2) to waive the seven (7) required parking spaces and to modify Decision No. 022-95 to eliminate condition (b) in paragraph 5 would be in harmony with the purpose and intent of the Zoning Bylaw and would not substantially derogate from the intent of the original decision with the following conditions: a. That the hours of operation shall be from 6: 00 am to 11 : 00 pm, Monday through Sunday; 2 b. That there shall be trash and recycling receptacles outside the locus that shall be emptied as needed; c. That all food shall be prepared off-site; d. That this relief is specific to this Applicant and should the business change owners or uses, further relief from the Board of Appeals may be necessary; and, e. That all other conditions in Special Permit No. 022-95 shall remain in full force and effect. SIGNATURE PAGE TO FOLLOW 3 Dated: ' &I1 11 , 2013 �j 4 Ed 4 •' .. - II 4, 0 0 /I Aft.of i ' sa o t t a eAl 1 /4- Sus arthy Ker. Koseata AL/AL / I Michael Angelastr.„1i COMMONWEALTH OF MASSACHUSETTS /' Nantucket,ss. '� �y ,2013 On this l day of f�uk 2013,before me,the undersigned Notary Public,personally appeared ji14t ilAriph ,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 d 'she signed it voluntarily for its stated purpose. : .ry Public: Alit- n►lt My commission expires: 7/m/Zany iik%%%\\UtUeI r 0 pl-. 4q„ .,moo • 4 „&A,‘:1 A P . � 5. 1 1"2am' 5 _ II JirAl : ' -. IS X Z O (c) 1 7 ■A 1c X ?` lio- _ _ (a) 410 1/2_ X CO IA/ e' b i 4.0 i' . , V . 3,1 I'741 I1,t7 V N ere -r of- ) n ".- 1 r✓ 7 .IC1([��..1. 1-0 ,.. .r,3 t--- 1.0/ W t, tIP • - _ - - n ib5