HomeMy WebLinkAbout075-12 2 Union Street NHA owner/YANIV EYAL applicantQ
TOWN OF NANTUCKET RECEIVED
BOARD OF APPEALS 1013 FEB 15 P910 21
NANTUCKET, MASSACHUSETTS 04,c1MCKET TOWN CLERK
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:
DY6 -MP]
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
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 - 18.6(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;
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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.,£.orce and effect.
SIGNATURE PAGE TO FOLLOW
Q
Dated: GYM l 2013
Ker' Koseata
A
Michael Angela st
COMMONWEALTH OF MASSACHUSETTS
r
Nantucket, ss. l9 2013
On this V"I /� day of 1�L%
f�7-r`� 2013, before me, the undersigned Notary Public, personally appeared
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 thata0she signed it
voluntarily for its stated purpose.
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