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Home My WebLink About003-13 17 1/2 Old South Road/ Nantucket Bake Shopz o n TOWN OF NANTUCKET BOARD OF APPEALS Pe M NANTUCKET, MA 02554 s jT1 f 3 G n N APPLICATION m a 00T=13 Fee: $300.00 File Nom� Owner's nane(s): Mailing address: Phone Number )�Mai1:M Applicant's nane(s): Mailing Address: Phone Numb E-Mail: /'X -/ ' 66#1 Locus Address: Assessor's Map /Parcel Land Court Plan/Plan Book & Page /Plan File No.: Deed Reference /Certificate of Title: Zoad g Distdct- Uses on Lot- Commercial: Non Yes (describe) Residential: Number of dwellings Duplex �7lpartnents Date of Structure(s): all pre -date 7/72 � or Building Peanut Numbers: Previous Zoning Board Application Numbers:m 2 Fairgrounds Road N.Mcket Massachusens 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: we a.a i4gvt 'ni at chant in f& pflbi2 haws cif' opva-N u7 Joe �k I&Ah - a 4 "I/XSs 40 &;3o am 40 6:06 p#1, 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 Applicant /Attorney /Agent* *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:—/—/— Building Dept.:—/—/— By-0 Fee deposited with Town Treasurer:,-_ Bylo Waiver requested: - Granteda:/M Heating notice posted with Town Cluk: -Ja Maded::: I &.is:/M: 8o/,: Hearing(s) held ol:::Opened on */'/' Continued too/n/M Withdrawns/n/V Decision Due By: : MadeM/M/, Filed w /Town Clukff o/' Mailed:/,/, 2 Fairgrounds Road Nantucket Massachusetts 02554 508- 228 -7215 telephone 508- 228-7298 facsimile ♦ Rs r a� 0 _ s �+• x /8: Z a 4 11 13 ok �g� I gZI£/tlrl TM'E -IX/T- 5 SY/STAM ) STA]RY/ = S SAL OV£ 6E'pVPM/ APARIIIfNT = i VA( FMPLOIEES - I .9'/ J EMHOY££S a EYA[aYFES (FEA.YI = z .ACES MW .'PALES NEIXHFN.' a S^AfFS MW SPAL6' PHONLIR a SPACES 9AR (D I//X IO9 =RIIDtlA DACES IA AIPPVO/ ® = LWXMOSAI LIJlS (GNIS 1,2 J J) L I /,g[pyy➢NN 692 IA¢ AIXps u416]f)s /m v.W.m/c'.vm AC¢s l NArt[c�ev Al. A:IX TM YA(L 21 n ussmn mANr RaeWxn N ear: cvz ocr i wan -+rs xrmcrrov acccrmm N a cw. PAQ #M S B%® A4GC3 ABLY /IM'NOS e 1 . e }aq xore us -eLWT wn. AS aw:Wn zaxxc aWS uaxwm srccn 1(5) IILEE FI6WIE 9.YFS frcwfm w w.uelc wf. s[ mft _ IWrE t fUl EttSIW+FA410R. YHNM IDir exp fCO Uf Xf]0®WI ) IE -Z M =2 ATY. 1BNW 1N1ML125o ii. pE/A.Y9 �,a«:fa ft. u,uwraz cram pllbL¢D GGIL'1Rt pEgIPID fF9l 4.VY: dR PPR6ID 69! 9?� 17.1Z It ow uF RmwY w M afx qIA Rm�nN 9w'ai 91j O =� oaao m^N�^° r° rg/. {EN9r POi RAX 1) YD SWM PCAD M11i1Vtl6r. YASWN2TI5 cu e.� Zy/ 02;;=/11 ouzo: snnz (WIIDUI.) IRNSF4 Snn= c� Y9RiY =�� wx mcmla, WxG m -e YM.0) PMRY tl.] IPrIICIM: Yp1ElY S W460NJW X.VnL'o o9FKR/IS " 5 flbSr. @S51 �s'00 RECEIVED BOARD OF ASSESSORS �)ECINV � JAN 082013 Town of Nantucket TOWN OF JAN 0 9 2013 NANTUCKET, MA Zoning Board of Anneals BY:------------- LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER.... 11 �.SIIIKa;'':'..... 0S.GI?!pjh MAILING ADDRESS.. 4PV. ... 0 J- k .... .%Ea3 .......... ............................... PROPERTY LOCATION..../.'' — ...... c>I.. 7....KA ....................... ASSESSOR MAP/ PAR/ CEL ... iR, A. /..� –, fy( �3 ........ ............................... SUBMITTED BY.... ..... GX,(!!!.!! .......... ............................... 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). t. 3 A E ASSESSOR'S OFFICE TOWN OF NANTUCKET )f §(N | g�EE2� \| ;) ;|| ] ; |• .; |,, .>� 54 NANTUCKET TOWN OF WATER COMMISSION 16 BROAD ST NANTUCKET, MA 02554 67 NANTUCKET TOWN OF 16 BROAD ST NANTUCKET, MA 02554 67 NINETEEN B OLD SOUTH RD LLC C/O SHAPIRO ROBERT 218A E EAU GALLIE BLVD # 107 INDIAN HARBOUR, FL 32937 -4875 67 ISLANDER LLC 15 OLD SOUTH RD NANTUCKET, MA 02554 67 LEMBERG DAVID A & ERIN M 53 POCHICK AV NANTUCKET, MA 02554 67 VAN DE WATER VIVIAN D 17B OLD SOUTH RD UNIT 1 NANTUCKET, MA 02554 67 ORELLANA -EGAN IRENE 17B OLD SOUTH RD # 2 NANTUCKET, MA 02554 67 WASIERSKI HENRY JR 8 LUFF ROAD NANTUCKET, MA 02554 67 GLIDDEN & GLIDDEN PC 37 CENTRE ST NANTUCKET, MA 02554 67 AMELIA DRIVE LLC 5 MYRNA RD LEXINGTON, MA 02420 67 NANTUCKET BANK C/O SOVEREIGN BANK FACILITIES 1130 BERKSHIRE BLVD WYOMISSING, PA 19610 67 NINETEEN OLD SOUTH RD LLC C/O SHAPIRO ROBERT 218A E EAU GALLIE BLVD 0107 INDIAN HARBOR FL 32937 67 NINETEEN A OLD SOUTH RD LLC C/O SHAPIRO ROBERT 218A E EAU GALLIE BLVD # 107 INDIAN HARBOUR, FL 329374875 67 NINETEEN C OLD SOUTH RD LLC C/O SHAPIRO ROBERT 218A E EAU GALLIE BLVD # 107 INDIAN HARBOUR, FL 32937 -4875 68 NANTUCKET BANK C/O SOVEREIGN BANK 113013ERKSHIRE BLVD WYOMISSING, PA 19610 Nantucket County - 20120 Perfect Vision i2 Document Detail Report 6019 9.06.59 AM =PERMffDl M Type Town BwIdPage File Date Considemdon LPERMff 013311/6 06/122012 and/or Descdptlon PLNO 01 -9 RISEDOROUGH KENNETH S Gmnt s NANTUCKET TOWN ZONING Refemnce aB kIPg DescHpgon Recorded Vear Registered Land CeHiBcata(s)40M B00kW9 Bk: 01331 Pg: 46 INI� V 1 '766 = N Bk: 1331 Pg: 46 Page: 1 Of 5 a ° z Doc: SP 06/12/2012 11:14 AM ,y 3 IV c n � A m � m � r n TOWN OF NANTUCKET o BOARD OF APPEALS. N NANTUCKET, MASSACHUSETTa 0854 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: 0 owner /Applicant: RENNETB 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 data. 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. Bk: 01331 Pg: 47 NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 67, Parcel 41.3 17 &1 old South Road Plan No. 01 -9 Book 887, Page 34 Residential Commercial - 2 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, April 12, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of MUMTB S. RISEBOROUGS, PO Box 3631, Nantucket, MA 02554, File No. 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 % 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 Bk: 01331 Pg: 48 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 are presently situated, a 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: That the improvements to the site shall be completed in substantial conformance with the site plan entitled "ZBA Permit Plot Plan, 17 is Old South Road, in Nantucket, Mass," prepared by Nantucket Surveyors, LLC, dated May 7, 2012, attached hereto as "Exhibit A"; The proposed commercial building will be air conditioned, contain three exterior entrances, and one handicapped parking space; pA.dVY.' IAn'P. WI M , %r] I/! E NS SIA . I SIA" . S IDAR I -- GwLarFFS - r SP/ J f OY 6 FYP Oa S (v(AM/ - i VP a$ WrW }FACE$ F£GNMrF I. AC MW IDAM FMOrXD. I VAC 9A= ( xMq'Sq/ OB - pZZfFYA . AaX IA MMMpI e - CpApMR.V MW (µMIS Bk: 01331 Pg: 49 mcnm . N v.. aw.r Nrar�o N eon e>s NN FII. wm us.zars Ivz rrrw No Nnzz m�.��Ixr�rmrez. °.ter "cm""`mr'v r• l (APYNr W IMMSYx N PA ri P.iT Wi -YY .M.II2MI.KMfD x na rN. 1Y OM-N fYMCAAY .oi . +J M e Tl -W iwrz..> -ur nu .z ownm n Nw • ++rll[ xc.. rrm amnml n zer. w.x v+ razes YL[11Eu .rel n.Q oesNlo sm l«.rm r wumNle lr. a nne .orz x nn erm umr. .1 Para (4mor1 wNSwuml R -xa0 Ma xmx hill uinN rr+rwr.�cer nzr. rlrinwc avalo n. mgxrYOio etZ1°196rulio n. aczn",l�u r�oo otl°m s°�ui. N.r 571.E ry r............. . r^x wss sm =--. >.. remr nm rvn n M wn wwr"acr. wzz.ousm rwtl'�ztl nfeepory wcA.m eMZ tnves l rte: Lrnx cxr arnr n..r om .nwoxz: oor r. r< N vn ivm+c. nW o; -z uw:zi°f' r�.0 .NZ,rNIu Dated: A-0-1 2012 Bit: 01331 Pg: 50 COMMONWEALTH OF MASSACHUSETTS Nantucket, 0 10 2012 Ossy q(Ai , 201 I, before me, the undersigned Notary Public, personally appeared �•�,, , who is personally known to me, and who is Person whose name is signed on the preced or attached document, and who acknowledged to me that be& signed it voluntarily for its stated purpose. Notary rc: j1M6 MOW My commission expires: rl'n iU 14 ' JUN 12 2012 �°b i�Y I CERTDY THAT M DAYS HAVEELAPSED AREA THEDECISIDN WASFIIEDINTHEOFFICEOF7HE •s.'�•('�_•• TOWN CIERC..AND THAT NO APPEAL HAS BEEN us..;�'r'; FILED,PURSBANfpg OENERAI•IAWS4K ECnON11 TOWN CLERK DOPY ATTEST: A r nut r" NANT NCLERK NNC RECEIVED TOWN OF NANTUCK�TFEB 25 FM 1 21 BOARD OF APPEWuOKET TOWN CLERK NANTUCKET, MASSACHUSETTS 02554 Date: February 25, 2013 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 003 -13 Owner /Applicant: KENNETH S. RISEBOROUGH AS OWNER; NANTUCKET BAKE SHOP, INC. 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. l (� 1 �. �• GSb�I 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 DECISION: Plan No. 01 -9 Residential Commercial - 2 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, February 14, 2013, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of KENNETH S. RISEBOROUGH AS OWNER; NANTUCKET BARE SHOP INC. AS APPLICANT, PO Box 3631, Nantucket, MA 02554, File No. 003 -13: 2. Applicant seeks a Modification of the Special Permit issued in Zoning Board of Appeals File No. 030 -12 in order to change the hours of operation for the take -out business to 6:30 A.M. to 5:00 P.M. All other conditions would remain in full force and effect. The Locus is situated at 17 ;2 Old South Road, Assessor's Map 67, Parcel 41.3, Plan No. 01 -9, and evidence of owner's title is recorded at the Nantucket County Registry of Deeds in Book 887, Page 34. The site is zoned Residential Commercial -2. 3. Our decision accompanying materials, received at our public from the Planning Board concern. There were no to, the application on fi is based upon the application and and representations and testimony hearing. There was no recommendation as the matter did was not of planning letters in favor of, or in opposition le. 4. Ms. Margaret Detmer represented the Applicant at the hearing. Ms. Detmer explained to the Board that the Applicant would like a Modification of the Special Permit issued in Zoning Board of Appeals File No. 030 -12 in order to change the hours of operation for the take -out business to 6:30 A.M. to 5:00 P.M. All other conditions would remain in full force and effect. 1 The Applicant is the owner of the Nantucket Bake Shop and has signed a lease to begin operating. 5. Accordingly, the Board of Appeals, by unanimous vote of the sitting members, found that the proposed modification to Decision No. 030 -12 would not substantially derogate from the intent of the original decision with the following conditions: 1. That the hours of operation shall be 6:00 am to 5:00 pm, Monday through Sunday; 2. That compliance with the operation of the loading zone shall be reviewed by the Zoning Board of Appeals at their April 2014 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; and, 3. That all other conditions of Decision No. 030 -12 remain in full force and effect. SIGNATURE PAGE TO FOLLOW 2 Dated: , 2013 COMMONWEALTH OF MASSACHUSETTS �rJ �( Nantucket, ss. 2013 r4� r On this O ( day of 2013, before me, the undersigned Notary Public, personally appeared I Ld. , 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 thato/she signed it voluntarily for its stated purpose. No ta abIic: ! h M commission expires: RECEIVED Print Form ?014 APR 3 P(I 3 42 TOWN OF NANTUCKET TOWN CLERK BOARD OF APPEALS NANTUCKET, MA 02554 File No.03 -14 Map 6 7 Parcel4 90 This agreement to extend the time limit for the Board of Appeals to make a decision,hold a public hearing,or to take other action concerning the application of: Pursuant to the provisions of the Acts of 1987,Chapter 498,amending the State Zoning Act,Chapter 40A of the Massachusetts General Laws,Applicant(s)/Petitioner(s)and the Zoning Board of Appeals hereby agree to extend the time limit For a public hearing on the application O For a written decision O For other action Such application is: O An appeal from the decision of any administrative official 0 / A petition for a special permit A petition for a variance O An extension O A modification The new time limit shall be midnight on LOE- // 20/4/ ,which is not earlier than a time limit set by statute or bylaw. The Applicant(s),attorney,or agent for the Applicant represented to be duly authorized to act in this matter for the applicant,in executing this agreement waives any rights under the Nantucket Zoning Bylaw and the State Zoning Act,as amended,to the extent,but only to the extent,inconsistent with this agreement. AIL . For Ap!rant • % I For Zoning Board of Appeals y- 3 ZOl Town Clerk Stamp: Effective Date of Agreement 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile