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013-13 7 South Water Street
'" 71/ 746e-"� ATTORNEY AT LAW 3 NOBSKA WAY NANTUCKET, MASSACHUSETTS 02554 Telephone (508) 228 -7525 Fax(508)228 -7526 jfitzlaw @comcast.net IN HAND March 8, 2032 Ms. Catherine F. Stover. Town Clerk Town and County Building 16 Broad Street Nantucket, MA 02554 RE: Applicant/Owner: E.M.R.E. Corporation Property: 7 S. Water Street, Nantucket Map 42.3.1, Parcel 131 Dear Ms. Stover: Please certify the date and time of filing of the attached Board of Appeals Application on the enclosed copy of this letter. Thank you for your assistance. Very truly yours, le Ifzg�falA'� 'c'OS. re Received and entered: Catherine F. Stover, Town Clerk Mailing Address' P.O. Box 2567 Nantucket, MA 02584 2 0 z C 9 9 m co m 3 v z m n r M s A Please certify the date and time of filing of the attached Board of Appeals Application on the enclosed copy of this letter. Thank you for your assistance. Very truly yours, le Ifzg�falA'� 'c'OS. re Received and entered: Catherine F. Stover, Town Clerk ATTORNEY AT LAW 3 NOBSKA WAY NANTUCKET, MASSACHUSETTS 02554 Telephone (508) 228 -7525 Fax (508) 228 -7526 jfitzlaw @comcast.net IN HAND March 8, 2013 John Brescher, Administrator Board of Appeals 2 Fairgrounds Road Nantucket, MA 02554 RE: Applioant/Owner: E.M.R.E. Corporation Property: 7 S. Water Street, Nantucket Map 42.3.1, Parcel 131 Dear John: Mailing Address: P.O. Box 2567 Nantucket, MA 02584 Enclosed for filing, please find the following: 1. Four (4) application packets including copies of the following: • Application with Addendum • Site Plan dated February 11, 2010 • Floor Plans (2 pages) dated 4.26 10 • Assessor's Map • Abutters' List • Mailing labels • Board of Appeals Decisions - File Nos. 050 -90 (9.13.1990). 034 -91 (5.31.1991), 064 -91 (11.27.1991), 043 -92 (6.1.1992), 056 -93 (7.26.1993) and 040 -98 (5.8.1998): 2. Certified Abutter's List; 3. Two (2) sets of mailing labels; John Brescher, Administrator Board of Appeals March 8, 2013 Page 2 4. Check in the amount of $300.00 for the filing fee. Please schedule this matter for hearing on April 11, 2013 Very truly yours, lie A. iiigeraf*� Enclosures cc: Catherine F. Stover, Town Clerk E.M.R.E. Corporation (by email) Fee: $300.00 Owner's TOWN OF NANTUCKET BOARD OF APPEALS p NANTUCKET, MA 02554 aG 9 APPLICATION Corporation Mailing address: P.D. Be. 662 Phone Number:505. 280.5237 Applicant's name(s):same Mailing Address: Phone Number: Locus Address:7 South water Street Land Court Plan /Plan Book & Page /Plan File ID 83313 n n 3 0 � s m File No-0L3-_B E- Mail:bayhorse210 ®q.com Assessor's Map /Pamel:42. 3. 1 /131 D -2. LC Plan 87878 Deed Reference/Certificate of Title: 11970 Zoning DistrictCDx Uses on Lot- Commercial: Nonex Yes (describe) 2 restaurants Residential: Number of dwellings Duplex Apartments 2 Date of Strocture(s): all pre -date 7/72 x or Building Permit Numbers: 2852-83,2852-90,1186-91,7B98-91,7898-94,317-00,- _ , _ Previous Zoning Board Application Numbers: listed on addendum 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: 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* *If an Age4t i /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:—/—/— Planning Board:Jj_ Building Dept.:—/—/— By:_ Fee deposited with Town Treasuree:JJ_ By: Waiver requested:_ Granted: _ / / Hearing notice posted with Town Clerk:—/—/_ Mailed: _ /_/ I &M /_/ & //_ Hearing(s) held on:/ /_ Opened on: / /_ Condnued to:/ / Withdrawn: _/ /_ Decision Due By:_/ /_ Made: / Made:F F Filed w /Town Clerk:_ /_/ Mailed:_ /_/ 2 Fairgrounds Road Nantucket Massachusetts 02554 50 8-228 -7215 telephone 508 -228 -7298 facsimile ADDENDUM The Applicant is seeking relief by Modification of an existing Special Permit granted by the Board of Appeals in ZBA File No. 040 -98 under §139 -18, 139 -30A and 139 -33A to allow for the conversion of a portion of the premises now used for restaurant seating area to be used for retail space. This would eliminate 40 restaurant seats and convert it to 650 + /- square feet of retail space. This would return these two units to the uses that existed prior to 1998 ZBA Decision No. 040 -98. The existing restaurant known as 12° East currently occupies the portions of the property shown on the attached plan as Units C -3 and C-4. The area shown as Unit C-4 is proposed to be changed to retail space and Unit C -3 will continue to be used for a restaurant. In addition, to the extent necessary, Applicant is seeking relief by Special Permit under Nantucket Zoning By -law §139 -18B (2) and (3) (Parking Requirements). However, based on the parking calculations attached, the change of use should be less non - conforming as to parking than the existing use. If necessary, the Applicant requests site plan review and approval pursuant to Zoning By -law Section 139 -23. The property is subject to a number of Zoning Board of Appeals Decisions in File Nos. 050 -90 (9.13.1990), 034 -91 (5.31.1991), 064 -91 (11.27.1991), 043 -92 (6.1.1992), 056 -93 (7.26.1993) and 040 -98 (5.8.1998). The property is located at 7 South Water Street, Nantucket, Assessor's Map 42.3.1, Parcel 131 and is zoned Commercial Downtown (CDT) The property is shown as Lot D -2, Land Court Plan 8787 -B. For title, see Certificate of Title No. 11,970. ZONING INFORMATION Map 42.3.1 Parcel 131 Zone CDT ZONING REQUIREMENTS EXISTING Minimum Lot Size 3750 sq. ft. 6098 sq.ft. Required frontage 35 ft. 87.72 ft. Ground Coverage ratio 75% Allowable Ground cover 4573 sq. ft. 4620 sq. ft. Front setback 0 ft. Side rear set back 5/0 ft. .94 +/- ft. PARKING TABLE ieee Unit Use Parking Parking Change in requirement required parking Ct & C2 Restaurant 1/8 9 requirements C1 & C2 73 seats 1/8 9 0 Take out (2) 5/1 10 Employees 5/1 10 13 per shift 1/3 4 C3 & C4 Restaurant 1/8 10 C3 83 seats 1/8 5 -7 Employees 12 per shift 1/3 4 R -1 Apt 2 bdrm .3 per bdrm 1 R -2 Apt 3 bdrm .3 per bdrm 1 +4 Employees Total required 3 per shift 1/3 1 parking Apt - 2 bdrm .3 r bdrm 39 0 PROPOSED USES Unit Use Parking Parking Change in requirement required parking requirements C1 & C2 Restaurant 1/8 9 0 73 seats Take out (2) 5/1 10 Employees 13 per shift 1/3 4 C3 Restaurant 1/8 5 -7 43 seats Employees 8 per shift 1/6 2 C4 Retail 650 sq ft 1/200 3 +4 Employees 3 per shift 1/3 1 R -1 Apt - 2 bdrm .3 r bdrm 1 0 R -2 A t- 3 bdrm .3 r bdrm 1 0 Total parking 36 required Actual on -site parking (stacked) = 2 m co N H • � s,g x x Y � 6�gp 1 Y iq Rm xi 9i iis ° w nay§ �'. • axyxi6 K, u \ Y y \V O 6 P $ e r4 S p gig tf�86 °41 .k s �gaagaxg p� 5 p pq 5 5 p p 5 5 C 5 IO \ \' ■� ■f ��.0 � I �Jlik' i iy�I { ■tea �n � �! POO cp�Z�e�p "p�•O•,! 11 ` 1� Il� , %Ifllllil{ _ � II It ■ I y •�'�' Will Eel Jim FIN WON PRIM_ _ $ sa �asaa 5 i %Ifllllil{ _ � II It ■ I y •�'�' Will Eel Jim FIN WON PRIM_ _ Town Property In formation Prop•rty ID 6231131 Lopetlon TS WATER ST Owner EM RE CARP GO FOG ISIAND CAFE 12 13 • F7,4 '�, yy 13D I j z I� 2 i , 29 �x zt ® . I IBl 1& 1� M P L-1 L MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT The Town makes no claims and no wananfles, enpressed or Implied, concerning the validity or accurary of the GIs data presented on lids map. Parcels updated! January 1, 2011 Lul3 at 92 • 1 1� at 92 BE Town of Nantucket Zoning Board of Apueals RECEIVED BOARD OF ASSESSORS FEB 2 0 2013 TOWN OF NANTUCKET, MA LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER....: E: m. //�?:. t,,..:.. �O ��n :........................... MAILINGADDRESS.. &&(T. /�Jl1�v!- ��.�1�...�.�.3.1.3 PROPERTY LOCATION. ....OU ��•`•S ''J ASSESSOR MAP /PARCEL...°.���:jj��.:. ......................... SUBMITTED BY. .....(J C....!...f!.�.1....ICI..�.1. ...X- R .... ....... Sow a Q r- 75:Z T 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 W.G.L. c. 40A, Section 11 and Zoning Code Chapter 40A, Section 139 -29B (2). G, ? A,� A, L Z h,) ASSESSOR'S OFFICE TOWN OF NANTUCKET z M µ� N N H 4 ...... 4444444444£ 4a4o485444444444444444444444444444� 4 �m kg �4a gaR 5� $ an4enFm�~q���mma��me �j a0- mnaamwwSm4 i[ 6aeend.mo„ m r, aSam.amm a.asa66s ®esam9 G g4 S " �O mga Sffi�ga� (f /§ §� ; | | | | | | | | | | ; | | | | | | | | | | | | | |; ,, `,,... . ! " |; ! i| :! | | |.. 1 erAvery6Te pm fMsw� Reavaas e�ealwnEago j a AVERY®s�so® ti NIR Retail B LLC Downeyflake, Inc. Four East Chestnut RE LLC a C/O New England Dev P.O. Box 1444 4 West Creek Road One Wells Ave Nantucket MA 02554 Nantucket, MA 02554 Newton, MA 02459 Thomas N. Katsapetses, Trustee John A. Keane Nantucket Dreamland Foundation Thomas N Trust Caroline Montgomery P.O. Box 989 P.O. Box 988 4 W Creek Road Nantucket, MA 02554 Middleton, MA 01949 -2998 Nantucket, MA 02554 NIR Retail III LLC Deborah K. Lothian Town of Nantucket c/o New England Development P.O. Box 1166 16 Broad Street One Wells Avenue Nantucket, MA 02554 Nantucket, MA 02554 Newton, MA 02459 Brant Point Partners LLC Virginia F. Andrews Six Old North Wharf LLC 54 Bay Crest P.O. Box 1182 2483 Sea Island Yacht Club Huntington Bay, NY 11743 Nantucket, MA 02554 Rockville, SC 29487 John P. Dunfey Trustee George W. Penny III Nicholas Punnett Trustee John P Dunfey Realty Trust 3205 38 Street NW Enterprise Trust 166 Beacon Street, Unit #6 Washington, DC 20016 c/o 49 Milk Street Boston, MA 02116 Nantucket, MA 02554 Rosalie T. Maloney fka Grennan 17 Old North Wharf LLC Nantucket Atheneum Library 2430 Tracy Place NW 150 East Broad Street. Ste 8 3 India Street Washington, D.C. 20008 Columbus, OH 43215 Nantucket, MA 02554 - - Deborah K. Lothian Nantucket Atheneum Library NIR Retail LLC Willam Lothian, Trustees P.O. Box 808 New England Development Ten Easy Street Nominee Trust Nantucket, MA 02554 One Wells Ave P.O. Box 877 Newton, MA 02459 Nantucket, MA 02554 John F. Gifford, Trustee County of Nantucket Patience E. Killen Fawn Grove Realty Trust 16 Broad Street P.O. Box 606 86 Colbourn Court Nantucket, MA 02554 Nantucket, MA 02554 Brookline, MA 02445 Leah Lampe Simblaris Trust Robert W. Stark, Jr. John F. Gifford, Trustee Oldnan Realty Trust 5 Old North Wharf 86 Colboun Court 17 Smiths Point Road Nantucket, MA 02554 Brookline, MA 02445 Manchester, MA 01944 2 Avery Street LLC Richard J McCready Trs et al U S Post office, c/o Tracy C Marshall , c/o Winthrop Management LP 7 Federal Street 162 North Central Ave PO Box 9507 Nantucket, MA 02554 St Louis, MO 63105 Boston, MA 02114 -9507 Nquetles facllea8pehre ' Ser•de RepOnalahadueealIndel )vsrwaY9rymrrt lRlllsei le ge0adtAVERN 51E0� l tharaam®nc reveler h rahord Pap Mot• 7- 800-GO -AVERY Priscilla Realty Tr Together Realty o Tru st Union Lodge F & A Masons Sherburne Associates Trust PO Box 697 c/o Winthrop Management 3 Hinckley Lane MA 02554 Nantucket MA MA 02554 PO Box 9507 Boston, MA 02114 -9507 Old North Wharf Cooperative Inc eel1mmgg j Feed PWW Edpe AVERY ®5180® j AVery TeMPIMS160® I1se® azpow Pop4lp • Nantucket, MA 02554 John West PO Box 2669 Eric D McKechnie Kathleen H West Trst Pacific Club Inc P O Box 356 Sea Spirit Nominee Trust PO Box 1227 Nantucket, MA 02554 P.O. Box 966 Nantucket, MA 02554 Nantucket, MA 02554 Nantucket, MA 02554 202 Beacon Street - Gary E Trainor Marcia P. Rubin Boston, MA 02116 Kelli A Trainor Harold E Rubin Na Na Nantucket Historical Assn 6B Straight Wharf PO Box 959 Box 10 16 Nantucket, MA 02554 Nantucket, MA 02554 Nantucket, MA 02554 St Mary Roman Catholic Church Michael Scott Realty Corp R L Fashions of Massachusetts LLC 6 Orange Street Box 538 c/o Lease Arlin Nantucket, MA 02554 Nntucket, MA 02554 9 Polito Avenue Lindhurst, NJ 07071 Islander Realty Trust Valentine Hussey Block LLC Ralph L Murray Trustee PO Box 40064 PO Box 1135 c/o Murrays Beverage Store St Petersburg, FL 33743 Nantucket, MA 02554 PO. Box 1882 Nantucket, MA 02554 Priscilla Realty Tr Together Realty o Tru st Union Lodge F & A Masons Sherburne Associates Trust PO Box 697 c/o Winthrop Management 3 Hinckley Lane MA 02554 Nantucket MA MA 02554 PO Box 9507 Boston, MA 02114 -9507 Old North Wharf Cooperative Inc Islack Corp Trustee Joseph V Arno 13 Pleasnt Street So Water Assoc Realty TR c/o Ken Gullicksen Nantucket, MA 02554 60 Wells Ave Suite 100 PO Box 2669 Newton, MA 02459 Nantucket, MA 02584 -2669 ACKeasy LLC Kevin F Dale, Trustee Brewster Equities LLC 21 Easy Street c/o Robert Yong c/o Robert L Champion Jr Nantucket, MA 02554 77 Polpis Road 202 Beacon Street - Nantucket, MA 02554 Boston, MA 02116 Ann R Teesdale Edward Notis McConary Tr Elcynad LLC PO Box 157 c/o William Cameron 4 Broad Street PO Box 1229 Nantucket, MA 02554 Nantucket, MA 02554 Nantucket, MA 02554 Easy Street Limited Ptrship Robert A Yong Tot Walter D Glidden Jr et al PO Box 2175 77 Polpis Road 2 Greglan Ave Ste 174 Nantucket, MA 02584 Nantucket, MA 02554 Nantucket MA 02554 Philip A Osley Ruth E Osley I Arno Inc 12 Broad Street 33A N Main Street Vantucket, MA 02554 Cranberry, NI 08512 ftiquettes 4adtes A peter i • ReElin A Is hadllae a inde www Utilisez le nabadt AVERY° ®59808 ! 2. do rd"Il Mrehe,d omarer. I �v�cw C51661 o,N�,wrucy�� TOWN OF NANTUCKET BOARD OF APPEALS a � s c�APOgpTl�; NANTUCKET, MASSACHUSETTS 02554 Date: zlgof-; 13 , 19 QCi CERTIFICATE OF GRANTING OF7WNDWp4NCWiUOC SPECIAL PERMIT (Massachusetts General Laws, Chapter 40A, Section 11) The BOARD OF APPEALS of the TOWN OF NANTUCKET, hereby certifies that a MNR)UMU=XWU0fNX SPECIAL PERMIT has been GRANTED: To:(Owner /Applicant) E.M.R.E.COrp. (050 -90) Address: Box 726, Mantncket. MA 02554 affecting the rights of the Owner /Applicant with respect to land or building at: 7 South Water Street and 12 Cambridce Street, Assessor's 4231, Parcel 31, Lot D -2, Land Court Plan 8787B, Cart. of Title No. 11,970 Reference: Cert. 11,970 And the BOARD OF APPEALS further certifies that the attached Decision is a true and correct copy of its Decision GRANTING the MAIRDLIDMA&BqXXX SPECIAL PERMIT and that copies of the Decision and of all plans referred to in the Decision have been filed with the Planning Board and the Town Clerk. The BOARD OF APPEALS calls to the attention of the Owner/ Applicant that General Laws, Chapter 40A, Section 11 (last paragraph) provides that no SPECIAL PERMIT, or any EXTENSION, MODIFICATION or RENEWAL thereof, shall take effect until (a) a copy of the Decision is certified by the Town Clerk that TWENTY (20) days have elapsed after the Decision has been filed in the office of the Town Clerk and no appeal has been filed (or, if such appeal has been filed, that it has been dismissed or denied) and (b) the certified copy is recorded in the Registry of Deeds for the County of Nantucket and indexed in the grantor index under the name of the Owner of Record or is recorded and noted on the Owner's Certificate of Title. The fee for such recording or registering shall be paid by the Owner /Applicant. SIMMS e'51662 `,pwruckr� TOWN OF NANTUCKET BOARD OF APPEALS c' yC�Ap°apl��, NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS at a Public Hearing held on FRIDAY, AUGUST 17, 1990 at 1:00 P.M. in the Town and County Building, Nantucket, made the following Decision upon the Application of E.M.R.E. Corp. (050 -90): (Box 726, Nantucket, MA 02554) 1. This is an Application for a Special Permit pursuant to Section 139 -30 and Section 139 -33A to expand and alter a pre- existing non -con- forming use or structure and Special Permit relief pursuant to Section 139 -18G for parking relief. The property is known and numbered as 7 SOUTH WATER STREET and 12 CAMBRIDGE STREET, Assessor's Map 4231, Parcel 31, Lot D -2, Land Court Plan 87878, Certificate of Title No. 11,970 and is zoned Residential - Commercial. 2. Based upon a review of the Application, plans (Exhibit "A ") and testimony, the Board find: consists of three food service uses, now known as flake, and the North Wharf Fish House, one retail as The T -Shirt Academy, and two apartments. There spaces. supporting documents, a that the property the Deli, The Downey - establishment known are two on -site parking 3. Applicant proposes to renovate the exterior and interior of the three food service establishments and the apartment above them and add 920 square feet of storage area and bathroom to the second floor. The proposed renovations are necessary due to the condition of the property and will bring the structure in compliance with building, health, fire codes and handicap access requirements. Modern kitchen facilities and interior layouts are proposed for the restaurant use. Special Permit relief is requested to authorize the reconfiguration of the interior space among the businesses. No additional ground cover, parking waivers or other zoning relief should be necessary to validate the proposed interior changes. Relief is needed only for the new storage area. There is no poposed seatingr capacity nofeThe Downeyflakec will ibe reduced tos76�, The The Fish House seating will remain at 43. 4. The Board finds that Special Permit relief for the interior layout and second floor expansion above a non - conforming side -line set back maybe granted and that alteration and expansion will not be substantially more detrimental to the neighborhood as set forth in Section 139 -33A. The Planning Board's recommendation was favorable, and no opposition was heard. The Board grants Special Permit relief from any added parking requirements and finds that it is physically impossible for the in-site ofa then Zoningthe relief is in harmony By- Law . ri'SI661 The Board finds that the requested Variance relief from Section 139 -19 (off- street loading facilities) is not necessary, because the alteration and expansion proposed by the Applicant is of such a degree and character that it does not modify the pre- existing uses and structure and thus require the off- street loading facility. 5. The Board places the following conditions upon the Special Permit relief granted: A. the two (2) existing on -site parking spaces shall be retained; B.- all storage e -use must be ancillary to on -site businesses; C. the renovations must be completed in substantial compliance with the plans presented to the Board. (Exhibit "A" and on file with Town Clerk.) -6. For the reasons and upon the conditions hereinabove set forth, the Board unanimously grants the Special Permit relief with respect to the premises at 7 South Water Street and 12 Cambridge Street. Dated: �cke.4� (3, /1 ? 9d T.i F.—WiYVIams William ' R. . Sherman C I � q;. �� c.. Ma sshall Bbay� I CERTIFY THAT 20 OAyS HAVE EUPSEIYAFTEN THEDECIS ft WAS FILED IN THE OFFICEOF THE TOWN CLERK, AND THAT APPEAL HAS BEEN PERSUANT"G LA 40 4D A, SECTION 11 l �;y� wo .144- 14�� ___ � c•s1ss.� L J _ LUpgF � o lilt se^� k O I M 1 1 T'TjI '� it r= •..- --� � 1� w n p Ing- O a .k- a� � ? °s (, . ,. I I Z. . I - Ij A o a L J * ®' 4 O A 2 O 3 I v Y FFF 9 s 9 .L ©III IA ! 0 h ' i___ I -� ie\.5'� �• 111' �. . ,. ,1 u 'I�. II , Y LL IL I_L_ is ys 'n v 7' A r So 1 n GI II 01 t YJ LIA ` 4 J 4 ))YY T FF r __ �.. �iY.W.:. 12 .. aw'.`:`..fil%t. ,.. � •: ` Y �dti'w:'. :g ..: �: C,u��,�as haso�o��j 7--1 -A -�3Nrno -�Ej 14 J- � 7 . 0 k \ z ' to $ 5 � \q 3 � J&e \ % �cc \ § ® j \ k \ ®�j/ � 7 . 0 k \ TOWN OF NANTUCKET ZONING BOARD OF APPEALS Nantucket, Mass. 02554 CERTIFICATE OF GRANTING OF MODIFICATION OF SPECIAL PERMIT (Massachusetts General Laws, Chapter 40A, Section 11) The BOARD OF APPEALS of the TOWN OF NANTUCKET, hereby certifies that a MODIFICATION OF SPECIAL PERMIT has been GRANTED To: (Owner /Applicant) E. M. R. E. CORP. Address: P. O. Box 726, Nantucket, Mass. 02554 affecting the rights of Owner /Applicant with respect to the land or building at: 7 South Water Street and 12 Cambridge Street, Nantucket, Mass. Deed Reference: L. C. Cert. 11,970 And the BOARD OF APPEALS further certifies that the attached Decision is a true and correct copy of its Decision GRANTING the MODIFICATION OF SPECIAL PERMIT and that copies of the Decision and of all plans referred to in the Decision have been filed with the Planning Board and the Town Clerk. The BOARD OF APPEALS calls to the attention of the Owner /Applicant that the General Laws, Chapter 40A, section 11 (last paragraph) provides that no VARIANCE and /or SPECIAL PERMIT, or any EXTENSION, MODIFICATION or RENEWAL thereof, shall take effect until (a) a copy of the Decision is certified by the Town Clerk that TWENTY (20) days have elapsed after the Decision has been filed in the office of the Town Clerk and no appeal has been filed (or, if such an appeal has been filed, that it has been dismissed or denied) and (b) the certified copy is recorded in the Registry of Deeds for the County of Nantucket and indexed in the grantor index under the name of the Owner Of Record or is recorded and noted on the Owner's Certificate of Title. The fee for 4Applicant. ding or registering shall be paid by the ne ^ �� obeter, Chairman C. Marshall Bea e , lerC k 07'.M13 Town of Nantucket Board of Appeals Nantucket, MA 02554 DECISION: The Board of Appeals at a Public Hearing held on Friday, May 17, 1991 at 1:00 P.M. in the Town and County Building, Nantucket, made the following Decision upon the Application of E.M.R.E. Corp. (034 -91) Box 726, Nantucket, MA 02554: 1. This is an application for a modification of a Special Permit granted on May 17, 1991 (050 -90) to allow the operation of a parking lot on the premises until November 30, 1991. The property is known and numbered as 7 South Water Street and 12 Cambridge street, Assessor's Map 4231, Parcel 31, Lot D -2, Land Court Plan 8787 -B, Certificate of Title No. 11,970 and is zoned Residential - Commercial. 2. Based upon a review of the Application, supporting documents, plans and testimony, the Board finds that a portion of the buildings were destroyed by a gas explosion and reconstruction will not commence until the,fall of 1991. During the interim Applicant proposes to use the vacant areal for a parking lot for up to 17 cars with a maximum of one (1) attendant -on duty. 3.- Parking at grade in parking areas is permitted in the Residential - Commercial zone as a matter of right pursuant to Section 139 -9. 4. The Board finds that the proposed permitted use is not more detrimental to the neighborhood than the prior existing uses and those uses and structures permitted under the existing Special Permit (050 -90). The requested relief may be granted so that the Applicant will not lose any rights or benefits under the prior permit. 5. The Board places the following conditions upon the modification to the Special Permit relief granted: A. The parking lot use shall terminate on or before October 31, 1991. B. No more than seventeen (17) cars shall be parked on the lot at one time. C. The oerim =_ter of the lct shall have a p'_cket fence or such fence as may be approved by the Historic District Commission. ¢??;'; D. The lot shall be graveled. E. Daytime use of the lot shall be restricted to long term lease parking. Evening use may be on a hourly basis. The Board encourages 24 hour parking spaces with preference for leases to downtown residents. F. The side wall of the building at the rear of the lot shall be shingled or covered with other Historic District commission approved siding material. G. Refer to Traffic Safety committee for determination of entrance and exit direction. Said determination to be incorporated herein. H. Low level ground lighting at entrance and exit. 1. Parking spaces to be delineated by headers. 6. For the reasons and upon the conditions hereinabove set forth, the Board unanimously grants the modification to the Special Permit with respect to the premises at 7 South Water Street and 12 Cambridge Street. Dated: May 31 , 1991 Linda F. Williams & 0, C. Marshal Beale i 13 7 jql / L i TRAFFIC SAFETY ADVISORY COMMITTEE Recommendations to the Board of Selectmen Meeting June 19, 2:30 p.m. The following recommendations are offered by the Committee: 1. That the entrance and exit for the Downyflake w Restauran" kilrg —l'o't be kept as originally planned- - i.e. entrance off South Water Street and exit onto Cambridge Street. 2. Tnat the Committee has undertaken the project of defining rules for moving houses and modular houses through town. Suggestions have included no house moving at all during inclement weather, no house moving between 10 a.m. and 6 p.m. during the summer season. Fire Chief Bruce Watt and Officer James Day (proxy for Police Chief Randy Norris Cwho could not be present) voted affirmatively on these suggestions. R ",t- ed_by- Nell Martin �e Cm2-C C©2? rleeerde� Tie /C If& Irk, CZu U® ZONING BOARD OP APPEALS South Beach Street Nantucket, Mass. 02554 November 27, 1991 CERTIFICATE OF GRANTING OF MODIFICATION OF SPECIAL PERMIT (Massachusetts General Laws, Chapter 40A, Section 11) The BOARD OF APPEALS of the TOWN OF NANTUCKET, hereby certifies that a VARIANCE and /or SPECIAL PERMIT has been GRANTED To: (Owner /Applicant) E.M.R.E. CORP. Address: Box 726, Nantucket, Mass. 02554 affecting the rights of the Owner /Applicant with respect to the land or building at: 7 South Water street and 13 Cambridge Street, Nantucket, Mass. Deed Reference: L. C. Cert. 11,970 And the BOARD OF APPEALS further certifies that the attached Decision is a true and correct copy of its Decision GRANTING the MODIFICATION OF SPECIAL PERMIT and that copies of the Decision and of all plans referred to in the Decision have been filed with the Planning Board and the Town Clerk. The BOARD OF APPEALS calls to the attention of the Owner /Applicant that the General Laws, Chapter 40A, Section 11 (last paragraph) provides that no VARIANCE and /or SPECIAL PERMIT, or any EXTENSION, MODIFICATION or RENEWAL thereof, shall take effect until (a) a copy of the Decision is certified by the Town Clerk that TWENTY (20) days have elapsed after the Decision has been filed in the office of the Town Clerk and no appeal has been filed (or, if such an appeal has been filed, that it has been dismissed or denied) and (b) the certified copy is recorded in the Registry of Deeds for the County of Nantucket and indexed in the grantor index under the name of the owner of Record or is recorded and noted on the Owner's Certificate of Title. The fee for such recording or registering shall be paid by the nn Balas, Clerk P27-57010 ZONING BOARD OP APPEALS south Beach Street Nantucket, Mass. 02554 November 27, 1991 To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. 064 -91 Owner /Applicant: E.M.R.E. CORP. Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in.. 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 court within TWENTY (20) days after this day's date. Notice of the action with a copy of the Complaint and a certified copy of the Decision must be giv n to the Town lerk so as to be received within such TWENTY O) ys. cc: Town Clerk Planning Board Building Commissioner C7S700 Town of Nantucket Board of Appeals Nantucket, MA 02554 RE: 7 South Water Street and 12 Cambridge Street Map 4231, Parcel 31 Lot D -2, L. C. Plan 8787.B Title: Certificate No. 11,970 Zoning District R -C DECISION: The Board -of Appeals ah - a Public Hearing held on Friday, October 18, 1991 at 1:00 P.M. in the Town and County Building, Nantucket, made the following Decision upon the Application of E.M.R.E. Corp. (064 -91) Box 726, Nantucket, MA 02554: 1. This is an application for a Special Permit pursuant to Section 139 -30 and Section 139 -33A to expand and alter as pre- existing non - conforming use or structure and.Special Permit relief from Parking requirements, Section 139 -18G, if required. In the alternative, Applicant seeks a modification of Permit No. 050 -90. In addition, Variance relief from Section 139 -20 (Off Street Loading Facilities) is requested. The property is known and numbered as 7 South Water Street and 12 Cambridge Street, Assessor's Map 4231, Parcel 31, Lot D -2, Land Court Plan 8787 -B, Certificate of Title No. 11,970 and is zoned Residential - Commercial. 2. Based upon a review of the Applications, supporting documents, plans and testimony and the prior Application No. 050 -90, the Board, it appears that the property has consisted of three (3) food service uses, one retail establishment, and two apartments. There are two on -site parking spaces. The Board notes that the relief granted under Permit 034 -91 has expired, no extencicn is requested. 3. Applicant proposes to change the interior layout of the food service uses from the floor plan submitted to Permit 050 -90 to the floor plan attached hereto as Exhibit A. No additional ground cover, parking waivers or other zoning relief should be necessary to validate the proposed interior changes based upon Applicants "Zoning Information" Sheet submitted with the Application. 4. Modification of Special Permit 050 -90 is granted to allow the reconfiguration of the interior space and alter door and window locations upon Historic District Commission approval in substantial conformity to the floor plan attached hereto as Exhibit A. The seating capacity of 43 in the food service use noted as Tenant ,#3, shall remain the same. The seating capacity in Tenant #1 shall not exceed 38 and the seating capacity for Tenant #2 shall not exceed 38. Tenants #1 and #2 may each have one take -out register. 5. The Board finds that Special Permit relief for the interior layout and /or modification of Permit 050 -90 may be granted and the proposed change will not be substantially more detrimental to the neighborhood as set forth in Section 139 -33A. The Board finds that the requested Variance relief from Section 139 -20 (off street loading facilities) is -not necessary because the proposed modification is of such a degree and character that it does not modify the pre- existing uses and structures or the alterations permitted in Permit #050 -90 and thus require the imposition of Section 139 -20. 5. The Hoard places the following conditions upon the Special Permit relief granted: A. the two (2) existing on -site parking spaces shall be retained; all storage must be ancillary to on -site business; C. the renovations must be completed in substantial conformity with the plan submitted in Permit 050 -90 and Exhibit A attached hereto; D. one (1) of the three (3) food service uses shall have its hours of operation restricted to no later than 9:00 P.M. E. The seating capacity for Tenant #1 shall not exceed 38. The seating capacity for Tenant #2 shall not exceed 39. The seating capacity for Tenant #3 shall not exceed 43. No increase in total number of employees without further relief. 7. For the reasons and upon the conditions set forth for the herein, the Board unanimously grants the Special Permit relief and modification with respect to the premises at 7 South Water Street and 12 Canbridge ^street and finds that Variance relief from Section 139 -20 is not necessary. Dated: November 1991 ale Waine WMWI J X14101410 Linda F. 111nms W, Ann Balas 'OOM 1 O'Mara /(eeeiaed N�e�ud�v�7 �y9/ Wk%FKYTH1T (OfFICIMYEEU OWN CLERK, ANDECISION WAS FILED IN TNEOffICEOF TNf. TOWN CLERK, ANDTNAT NO APPEAL KAS BEEN FR.ED. TOr-FL,ERAL s 48ABECT10N11 / /JI D 14� Y CEEmc ZONING BOARD OF APPEALS South Beach Street Nantucket, Mass. 02554 November 27, 1991 CERTIFICATE OF GRANTING OF MODIFICATION OF SPECIAL PERMIT (Massachusetts General Laws, Chapter 40A, Section 11) The BOARD OF APPEALS of the TOWN OF NANTUCKET, hereby certifies that a VARIANCE and /or SPECIAL PERMIT has been GRANTED To: (Owner /Applicant) E.M.R.E. CORP. Address: Box 726,_Nantucket, Mass. 02554 . affecting the rights of the owner /Applicant with respect to the land or building at: 7 South water Street and 1S Cambri3ge Street, Nantucket, Mass. Deed Reference: L. C. Cert. 11,970 And the BOARD OF APPEALS further certifies that the attached Decision is a true and correct copy of its Decision GRANTING the MODIFICATION OF SPECIAL PERMIT and that copies of the Decision and of all plans referred to in the Decision have been filed with the Planning Board and the Town Clerk. The BOARD OF APPEALS calls to the attention of the Owner /Applicant that the General Laws, Chapter 40A, Section 11 (last paragraph) provides that no VARIANCE and /or SPECIAL PERMIT, or any EXTENSION, MODIFICATION or RENEWAL thereof, shall take effect until (a) a copy of the Decision is certified by the Town Clerk that TWENTY (20) days have elapsed after the Decision has been filed in the office of the Town Clerk and no appeal has been filed (or, if such an appeal has been filed, that it has been dismissed or denied) and (b) the certified copy is recorded in the Registry of Deeds for the County of Nantucket and indexed in the grantor index under the name of the owner of.Record.,or is recorded and noted on the Owner's Certificate of Title. The fee for such recoAding or registering shall be paid by the Ann Balas; Clerk 140, vv Row l ail to +F. ;nssoc -TEL; 1- 508' =218 -5905 Sep, 11 EHHIBIT A RE: Application No. 064 -91 yaaay9 ..'" yyn°6 1 , d � p ✓ U d N d K d 4 O M ✓ to N d a C ro O > K 1 O ro r N K r1 c nFa H erl K « w d r d 4 Y. (] ✓ N j! ili E m 1.! a. u � n •:1 ij u ¢ u U K t yaaay9 ..'" yyn°6 0 0 chi L.1 , H T U J Vf V i v O n a•i�:"J N E a U LL (i i S ., ... ... . . OSM2 e`a'NTO Cq�f TOWN OF NANTUCKET - - ? BOARD OF APPEALS ° po`R— >seo NANTUCKET, MASSACHUSETTS 02554 M Date: 1/ /Mw t 1952' vnnTFTCATION OF Massachusetts Genera The BOARD OF APPEALS of the TOWN OF NANTUCKET, hereby certifies that a y($RR)t &RXXH1¢X SPECIAL PER_ MIT has been GRANTED: MODIFICATION OF To:(Owner /Applicant) - E.M.R.E., CORP. (043 -92) Address: ..Box. 726, Nantucket, MA 02554 affecting' -the rights of the Owner /Applicant with respect to land or building at: . 7 south Water Street and 12 Cambridge Street, Assessor's Map 42.3.1., Parcel 131, as shown on Land Court Plan 8787 -B, Lot D -2, Cart. of Title 9WA"XRWY1iW""y' 11,970 And the BOARD OF APPEALS further certifies that the attached Decision is a true and correct copy of its Decision GRANTING the TXTXXXgjXdX8Xe9 SPECIAL PERMIT and that copies of the Decision and of all plans referred to in the Decision have been filed with the Planning Board and the Town Clerk. The BOARD OF APPEALS calls to the attention of the-Owner/ - = --- Applicant that General Laws, Chapter 40A, section 11 (last paragraph) provides.that no YXN3XNVXXXXb$ffi'FX SPECIAL PERMIT, or any EXTENSION, MODIFICATION or RENEWAL thereof, shall take effect until (a) a copy of the Decision is certified by the Town Clerk that TWENTY (20) days have elapsed after the Decision has been filed in the office of the Town Clerk and no appeal has been filed (or, if such.appeal has been filed, that it has been dismissed or denied) and (b).the certified copy is recorded in.the Registry of'Deeds for the County of Nantucket and indexed in the grantor index under the-name of the Owner of Record or is recorded and noted on the Owner's Certificate of Title. The fee for such Pecor$S,ng or, registering shall be paid by the Owner /Applicant. Robert J. Leichter. - -Clerk, Ann Balas. o`...... k�,l TOWN OF NANTUCKET 057062 ' BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: June , 19 92 To: Parties in Interest and.Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: _ - _. _ ... _- 043 -9': Application No.: Owner /Applicant: & E.M.R.E. CORP. Enclosed is the Decision of the BOARD OF APPEALS which has ; this day been filed in the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 4CA, Massachusetts General Laws. Any action appealing fthe Decision must be brought by filing an complaint in 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. Linda F. Wil Tams,,vice- Chairman ) i cC: Town Clerk Planning Board Building Commissioner 057062 TOWN OF NANT&KET BOARD OF APPEALS NANTUCKET, MA 02554 RE: 7 South water Street and 12 Cambridge Street Map 4231, Parcel Iii, Lot D -2, L.C. Plan 8787 -B Title: Certificate No. 11,970 Zoning District: R -C Decision: - The Board of Appeals at a Public Hearing held on Friday, May 1, 1992 at 1:00 P. M. with a continued hearing held on Thurs- day, May 7, 1992 At 1:00 P.M. in the Town and County of Nantucket made the following Decision upon the Application of E.M.R.E. Corp. (043 -92), Box 726, Nantucket, Massachusetts 02554: 1. This is a request for a Modification of Permit No. 064 -91 by deleting the following condition set forth in Paragraph 6D: "one (1) of the three (3) food service uses shall have its hours of operation restricted to no later than 9:00 P.M." Based upon a review, of the Application, supporting docu- ments, plans and testimony land lack of written or verbal opposition by, any abutters, the Board finds that the Modification may be granted and the proposed chang9e Ti ll not bg substantially detr} mental to the neighborhood. "{te p apron bDdYQ ff CLY11 a4htim W&S V.V�jbIfOY 3. The Board places the following condition upon the relief granted: Paragraph 6D in Permit No. 064 -91 is deleted and following new Paragraph 6D inserted in its place: D. One (1) of the three (3) food service uses shall have its hours of operation restricted to no later that 11:00 P.M. 057062 All other restriction8 and conditions as set forth in Permit No. 064 -91 shall remain in effect. 4. For the reasons and upon the conditions set forth herein, the Board by a Vote of four to one grants the modification with respect to the premises, at 7 OAT nWcater St3Zeet and 12 Cambridge streets+ Nnn ,04445 vot�nq />�° 9 Da ed: RUm.a.. 1992 D e Wa r Linda 111 ams, �. 1... Ann Sales - Peter Dool �TEaI�D�� I . - - CC.pTKYTNA120DAYF ISHA�TEXL` �6 0D CDLf EGRt C NFFNACT�N"AT WASFAIDRV' Cf W S-- - tBt EF NOAPK K N 40A. CS .CIHtlC 'mow �k � AL k a \ \ ` 2 ,7 § § § 'mow �k � AL k a \ \ ` 2 ,7 U6i49.¢ o��xruck�r TOWN OF NANTUCKET ' BOARD OF APPEALS - e "PopaTE °' NANTUCKET, MASSACHUSETTS 02554 Date: July 26 ' 1993 MODIFICATION s General - - The- .BOARD OF APPEALS of the TOWN OF NANTUCKET-, hereby ceftirie% that a X$8jtAVg X3j)fXX SPECIAL PERMIT has been GRANTED: MODIFICATION OF To:(Owner /Applicant) MARK- DAWSON, FOR HIMSELF AS LESSEE AND E.M.R.E OWNER (056 -93 -) Address: Box 2397, Nantucket, MA 02584 affecting the rights of the Owner /Applicant with respect to land or building at: 7 South Water Street Aaseesar's Mao 42.3.1, Parcel 131, as shown on .Land Court Plan 8787 -B, Lot D -2 CERT, OF TITLE 11,970 ifRR7(X8iCR8AR8R And the BOARD OF APPEALS further certifies that the attached Decision is a true and correct copy of its Decision GRANTING the rAMAjffjftXX#jM SPECIAL PERMIT and that copies of the Decision and of all plans rSferred to in -the- Decision have been filed --with -the -Planning - Board and the Town Clerk. The BOARD OF APPEALS calls to the. attention of the Owner/ Applicant that General Laws, Chapter 40A. Section 11 (last paragraph) provides that no SPECIAL PERMIT, or any EXTENSION, MODIFICATION or RENEWAL thereof, shall take effect until (a) a copy of the Decision is certified by the Town Clerk that TWENTY (20) days have elapsed after the Decision has been filed in the office of the Town .Clerk and no appeal has been filed (or, if such appeal has been filed, that it has been dismissed or denied) and (b) the certified copy is recorded in Lhe Registry of Deeds for the County of Nantucket and indexed in the grantor index under the name of the Owner of Record or is recorded and noted on the Owner's Certificate of Title. Tne fee for such recording or registering shall be paid by the Owner /Applicant. Chairman Clerk `�pwrucKFr TOWN OF NANTUCKET 0614J.'s 3=' BOARD OF APPEALS s�oA ^o;A„gv , NANTUCKET, MASSACHUSETTS 02554 Date: July o2& , 1993 To Parties in Interest and.Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: ,. ..056 -93 Application No.: Owner /Applicant: MARK DAWSON, FOR HIMSELF AS LESSEE AND E.M.R.E, OWNER Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 90A, Massachusetts General Laws. Any action appealing the Decision must be brought by filing an complaint in 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 le[K so as to be received within such TWENTY (20) dal s. Dale W. Waine Chairman cc: Town Clerk Planning Board Building Commissioner 061491 ZONING BOARD OF APPEALS 3 South Beach Street Nantucket, Mass. 02554 Map 42 -3 -1 7 South Water Street Parcel 131 8787 -B R -C At a Public Hearing of the ZONING BOARD OF APPEALS held at 1:00 P.M., Friday, June 4, 1993, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of Mark Dawson, Lease, and: E.M.R.E. Corp„ Owner, Sox 23974 Nantbcket,MA Appeals File No. 056 -93, the Board made the following DECISION: 1. Applicants are seeking relief by Modification under §139 -29E of an existing Special Permit, granted by the Board in ZBA File No. 050 -90 under §§139 -18, 139 -30A, and 139 -33A, modified by the Board in ZBA File Nos. 034 -91, 064 -91, and 043 -92, relating to Unit #1 in the building, to allow Applicants to increase the number of allowable employees from a maximum of three (3) to a maximum of seven (7) peak shift, reduce the maximum seating allowed from thirty -eight (38) to thirty -five (35), and allow use of the second floor storage area of 170± S.F. for an additional food preparation area or other ancillary commercial use not open to the public. 2. The Decision is based upon the Application and materials submitted with it, the testimony and evidence presented at the Hearing, and a favorable recommendation from the Planning Board. 3. Applicant explained that changing the number of employees from 3 to 7, and the reduction in seating from 38 to 35 would not change the parking requirments for the premises. Applicant stated that only on rare ocasions would all 7 employees be working at the same time and so the impact on actual, ,parking requirements would be minimal ao S%naa» Ch aNE�c(�Dd F' 4. Applicant states that the second floor work - area -of 170 ± - -- S.F. will only be used by employees for the preparation and storage of food, and will not be used by the public. 4. By a unanimous vote (Wain, Angelostro, Williams, Severas, and Hourihan in favor) the Board GRANTS the Modification as requested, with all of the other requirements and conditions of the original Special Permit as granted in case 050 -90 still in full Date Application No. 054 -93 «'n j� x,1°193 a5 2 (?G149•1 DECISION ��V iu li jW . l_/ a, It Nancy Sevrens ttl_OA 'ICEN71FY iNAT yp DAYS HAVEELAP9SE,p,•AFTENTHE DEC190N', WASFILED WTHE OFFICEOFTHEjURN CLERK�A�THA �._ ND A ASBEDI�EPSS 40 A. , BETI 9EOTION 11 icheal Angel--t William Hourihan «'n j� x,1°193 a5 2 (?G149•1 DECISION ��V iu li jW . l_/ a, It Nancy Sevrens ttl_OA 'ICEN71FY iNAT yp DAYS HAVEELAP9SE,p,•AFTENTHE DEC190N', WASFILED WTHE OFFICEOFTHEjURN CLERK�A�THA �._ ND A ASBEDI�EPSS 40 A. , BETI 9EOTION 11 K-%Lr - / �` qq3 ' ZONING ATFORMATION - "'Map 42.3.1 Parcel 131 Zone RC •_ 06143 ZONING REQUIREMENTS Minimum Lot Size 5000 sq. ft. - Required frontage 40 ft. Ground coverage ratio 50 Front setback 0 ft. Side /rear setback 5 ft. ACTUAL TABULATIONS Lot size 6098 sq. ft. Frontage 87.72 ft Allowable ground cover 3049 sq. ft. Actual ground cover 4620 sq. ft. - Actual side setback (north) 0 PROPOSED USES PROPOSED MODIFICATION Commercial 5700 sq. ft 5700 sq. ft. Two dwellings 2120 sq. ft. ft 2120 sq. ft. 720 sq. ft Gehao.�l�Qc�P "• Storage 920 sq. RESTAURANT SEATS Tenant #1 38 35 Tenant # 2 38 38 Tenant #3 43 43 TAKE OUT STATIONS Deli 1 1 Ice Cream Shop 1 1 EMPLOYEES Tenant #1 3 /shift 7 /shift Tenant #2 6 /shift 6 /shift Tenant #3 (assume) 6 /shift 6 /shift PARKING REOUIREMENTS Tenant #1 seats (1:8) 5 4 employees (1:3) 1 2 take out counter 5 5 Tenant#2 seats (1:8) 5 5 employees (1:3) 2 2 take out counter 5 5 Tenant # 3 seats (1:8) 5 5 employees (1:3) 2 2 Two dwellings 2 2 - Existing Commercial (retail) 5 5 Emnlovees 1 1 Total Parking Requirements 38 38 (Actual on -site parking 2) § 0 z \ 0 0 � §� Q ƒ - § . g 0 ( £ A �[§ ® . V6� § 7. 081 15 NANTUCKET ZONING BOARD OF APPEALS 37 Washington Street Nantucket, Massachusetts 02554 AsseseOr's Map 42.3.1, Parcel 131 Lot D -2 Cert. of Title 12.970 Land Court Plan 8787 -8 Residential- Commercial 7 South Water Street 999. *Rj 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, April 10, 1998, at 1:00 P.M., in the Conference Room, at the Town Offices at 37 Washington Street, Nantucket, Massachusetts, the Board made the following decision on the application of E.M.R.E. CORPORATION, FOR.ITSELF AS OWNER AND CATCHIT CORP., LESSEE c/o Reads & Alger Professional Corporation, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 040 -98: 2, Applicant, Catchit Corp., is seeking a MODIPICATION of the Special Permit relief granted in Board of Appeals File No. 050 -90, as previously modified in Case Nos. 034 -91, 064 -91, 043- 92, and OS6 -93, to allow for conversion of retail space to restaurant seating area. Applicant is the tenant in restaurant Unit No. 3 upon the Premises, which has a seating capacity of 43. Applicant proposes to convert the adjacent retail space to restaurant use, adding 40 seats to its existing restaurant. The parking requirements are said not to be changed with the conversion as the existing retail space is said to be permitted for a total of six (6) parking spaces and the required parking for the additional restaurant seats and three additional employees is six (6) spaces. In addition, and to the extent necessary, Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By -law 5139 - 188(2) and (3) (Parking Requirements). The Premises is located at 7 SOUTH WATER STREET, Aaseeaor'e Map 42.3.1, Parcel 131, Land Court Plan 8787 -B, Lot D -2. The property is zoned Residential - Commercial. 3. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. The Planning Board recommendation was favorable. There were no letters of opposition received, nor was any opposition heard at the public hearing. 4. Applicant, through counsel, represented that it currently operates the restaurant space allocated to Tenant No. 3, as noted in prior Board of Appeals decisions. Applicant proposes to expand the seating for its restaurant by breaking through an existing wall between its restaurant space and the adjacent retail area of approximately 650 square feet, allowing for tables and chairs to accommodate an additional 40 diners. The area being expanded into is shown as "Retail" on the Exhibit A attached to Boord of Appeals decision 064 -91. Total Beating 90'd i 7 I'iN'V11 NiN 7e.c, acct_en_iu, 087SI capacity for the restaurant use, as expanded, would be 83 seats. No expansion of the existing food preparation area is proposed; no take -out food will be served. The existing restaurant entrance will continue to be used for purposes of general public access. The premises are located within the Core District and the Resident Parking Permit District, as shown upon the Nantucket Parking District Map. S. Based upon the materials presented at our public hearing, the Board finds that the existing retail use (including square footage and employees) is permitted for four (4) spaces, not six (6), as erroneously noted in our decision in Pile No. 056 -93. Applicant's proposed expansion would require two (2) additional parking spaces, and a grant of relief would be in harmony with the general purposes and intent of the Zoning By- law. In addition, the Board finds that the modification to allow the applicant's proposed conversion of the retail area to additional seating Capacity for its existing restaurant will not be substantially more detrimental to the neighborhood than the existing use of the premises. 6.1;Accordingly, by unanimous vote, the Board hereby GRANTS the MODIFICATION to allow the expansion of the existing restaurant use as noted above, and GRANTS a SPECIAL PERMIT Pursuant to the provisions of £139- 18B(2)(a)and (b), waiving the requirement for two additional parking spaces, upon the following (a) Total. seating capacity for applicant's restaurant use shall not exceed eighty -three (83) seats. (b) No take; out food service shall be permitted in conjunction with applicant's restaurant use. 7. The Board also voted to approve applicant's site plan with floor plan attached and on file with the Board of Appeals, submitted Law accordance_ with thhleeppr`oviissions of .5139 -23 of the Dated: %3'LUi 1998 Nancy4I Sav"n.s Edw J. _ Ole f: \vp \BnU1tlEt 1eI[phXE` \6p d�sa I CERTIFY 7ilAT.fBDAYS.kiAvxF1' RECEIVED ,�D�1S1QNptg$p{�FJ�Nii)EOp;Cb� 70WN CLERKS OFFICE rop,g( RgpND.ntAiN0, EAUJiAl tr .:! NANTIIr.KCr AAA )2,554 pppp,NlY3lIANL3p - „ cnor:. . /± MAY 0 8 1998 '�amt 7 �� j►y� 02 1!998: r , CLERK:�� —_ z — y o 1(nl Y g .� .n 0 Ini 1 o n a �m � I � 3 N � a �g � CJi c4i G Z 0 C 0; d Cat RECEIVED TOWN OF NANTUCKET3 A ?R 25 fln 10 09 BOARD OF APPEAILSuc„-T TOWN CLERK NANTUCKET, MASSACHUSETTS 02554 Date: April 22 2013 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: E.M.R.E. CORPORATION 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. 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 4 Fairgrounds Road Nantucket, Massachusetts 02554 7 South Water Street Assessor's Map 42.3.1, Parcel 131 Commercial Downtown (CDT) DECISION: Land Court Plan 8787B, Lot D -2 Book 246, Page 22 Certificate of Title No. 11,970 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, April 11, 2013, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following Decision on the Application (013 -13) of E.M.R.E. Corporation, Owner /Applicant, c/o P.O. 662, Bellevue, ID 83313, in connection with the property known as 7 South Water Street, Nantucket, Massachusetts. 2. The Applicant is seeking relief by Modification of an existing Special Permit granted by the Board of Appeals in ZBA File No. 040 -98 pursuant to §139 -33A to allow for the conversion of a portion of the premises now used for restaurant seating area to be used for retail space. To the extent necessary, the Applicant is requesting Special Permit relief pursuant to §139- 18.B.2. (2) and (3) of the Nantucket Zoning Bylaw in order to waive any additional required parking. The proposed change would change the use of a portion of the premises as a restaurant use to retail space. Forty restaurant seats would be eliminated and area of approximately 650 + /- square feet would be used for retail space. This would return these two units to the uses that existed prior to 1998 ZBA Decision No. 040 -98. In addition, to the extent necessary, Applicant is seeking relief by Special Permit under Nantucket Zoning By -law §139 -186 (2) and (3) (Parking Requirements). The property is subject to Zoning Board of Appeals Decisions in File Nos. 050 -90 (9.13.1990), 034 -91 (5.31.1991), 064 -91 (11.27.1991), 043 -92 (6.1.1992), 056 -93 (7.26.1993) and 040 -98 (5.8.1998). The property is located at 7 South Water Street, Nantucket, Assessor's Map 42.3.1, Parcel 131 and is zoned Commercial Downtown (CDT) The property is shown as Lot D -2, Land Court Plan 8787 -B. For title, see Certificate of Title No. 11,970. 3. Our Decision is based upon the Application and accompanying materials, and representations and testimony received at our public hearing on April 11, 2013. The Planning Board made no recommendation indicating that the Application did not present issues of planning concern. Other than the Applicant's counsel no other parties spoke for or against the Application. 4. Applicant through their counsel explained that the existing restaurant known as 12° East currently occupies the portion of the property shown on the attached plan as Units C -3 and C -4. The area shown as Unit C-4 is proposed to be changed to retail space, a permitted use in the CDT zone, and Unit C -3 will continue to be used for a restaurant. The existing opening between the two units will be closed by a solid wall. The Applicant provided a parking chart with the Application and explained that the proposed change did not increase the parking requirements. 5. Accordingly, the Board of Appeals, by a unanimous vote (Edward Toole, Kerim Koseatac, Susan McCarthy, Geoffrey Thayer and Michael O'Mara) in favor, GRANTS, the relief by Modification of an existing Special Permit in ZBA File No. 040 -98 pursuant §139 -33A to allow for the conversion of a portion of the premises now used for restaurant seating area shown as Unit C4 on Exhibit A attached hereto to be used for retail space and finds that no relief pursuant to §139 - 18.6.2. (2) and (3) for parking is necessary. SIGNATURE PAGE TO FOLLOW COMMONWEALTH OF MASSACHUSETTS Nantucket, as. 89yl 24 2013 On thisMK day of 1 1 2013, before me, the undersigned Notary Public, personally appeared I /7 ' ma v c., 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 he /she signed it voluntarily for its stated purpose. Notary Public: My commission expire� LyNKL U VOLLANS Notary Public Comm e onweallh f Massachaso"' 1 My Commission Expires December 28, 2018 EvktU &4A N O S UU N WATER STRRRT 5 A i 'j P 3 'E ?il9at et lea .aE ' 33% 99 Iv 891893 EvktU &4A N O S UU N WATER STRRRT 5 A i 'j P 3 'E ?il9at et lea .aE ' CORRECTION TO DEED REFERENCE NANTUCKET ZONING BOARD OF APPEALS RECEIVED 4 Fairgrounds Road 2013 PINY 17 PM 2 59 Nantucket, Massachusetts 02554 NANTUCKET TOWN CLERK 7 South Water Street Land Court Plan 87876, Lot D -2 Assessor's Map 42.3.1, Parcel 131 Commercial Downtown (CDT) Certificate of Title No. 11,970 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, April 11, 2013, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following Decision on the Application (013 -13) of E.M.R.E. Corporation, Owner /Applicant, c/o P.O. 662, Bellevue, ID 83313, in connection with the property known as 7 South Water Street, Nantucket, Massachusetts. 2. The Applicant is seeking relief by Modification of an existing Special Permit granted by the Board of Appeals in ZBA File No. 040 -98 pursuant to §139 -33A to allow for the conversion of a portion of the premises now used for restaurant seating area to be used for retail space. To the extent necessary, the Applicant is requesting Special Permit relief pursuant to §139 - 18.8.2. (2) and (3) of the Nantucket Zoning Bylaw in order to waive any additional required parking. The proposed change would change the use of a portion of the premises as a restaurant use to retail space. Forty restaurant seats would be eliminated and area of approximately 650 + /- square feet would be used for retail space. This would return these two units to the uses that existed prior to 1998 ZBA Decision No. 040 -98. In addition, to the extent necessary, Applicant is seeking relief by Special Permit under Nantucket Zoning By -law §139 -18B (2) and (3) (Parking Requirements). The property is subject to Zoning Board of Appeals Decisions in File Nos. 050 -90 (9.13.1990), 034 -91 (5.31.1991), 064 -91 (11.27.1991), 043 -92 (6.1.1992), 056 -93 (7.26.1993) and 040 -98 (5.8.1998). The property is located at 7 South Water Street, Nantucket, Assessor's Map 42.3.1. Parcel 131 and is zoned Commercial Downtown (CDT) The property is shown as Lot D -2, Land Court Plan 8787 -B. For title, see Certificate of Title No. 11,970.