HomeMy WebLinkAbout024-13 17 1/2 Old South RoadPrint Form
RECEIVED
?313 MY 24 PM 1 31
TOWN OF NANTUCKET NANTUCKET TOWN CLERK
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
Fee: $300.00 File No.
Owner's name(s): KENNETH AND DENISE RISEBOROUGH
Mailingaddress: PO BOX 3631, NANTUCKET, MA 02584
Phone Number: 508- 685 -4419 E- Mail:}ennfRll.RlSf ixl rnrrDl.�CVa�Mt�. CctM
Applicant's name(s): (SAME AS ABOVE) tt
Mailing Address: (SAME AS ABOVE)
Phone Number: (SAME AS ABOVE) E -Mail: (SAME AS ABOVE)
Locus Address: 17 1/2 OLD SOUTH ROAD Assessor's Map /Parcel: 67/41.3
Land Court Plan /Plan Book & Page /Plan File No.: 01 -9
Deed Reference /Certificate of Tide: 887/34 Zoning District CN
Uses on Lot- Commercial: None Yes (describe) COMMERCIAL BLDG
Residential: Number of dwellings. __O Duplex Apartments
Date of Structure(s): all pre -date 7/72 or
Building Permit Numbers:
Previous Zoning Board App &cation Numbers: 078 -94; 013 -96; 030 -12; 048 -12; o3 -la
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:
See A•tr do cd 4d-Oemdum)
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: ,. tr a' " ,.;Sa`R, �. -. t °� Owned
SIGNATURE: "' ,,%Fr 1 1 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 ow /;/_!. By:_ Complete: Need Copies E`;:i�:
Filed with Town Clerk: J_/_ Planning Board: _/_ /_ Building Dept.: By:r - -..-
Fee deposited with Town Treasurer:_/_ /_ Byi.' — Waiver requested
Grantedjt. /�,_ /� Heating notice posted with Town Clerk: _/_/_. Mailed
/� Hearing(s) held on /[ /L Opened on
Continued toq,,, / /LN Withdrawn /, /r— Due By,
Made/ /' Filed w /Town Clerk, /-- / Maded ?�i/ /,'
2 Fairgrounds Road Nantucket Massachusetts 02554
508- 228 -7215 telephone 508- 228 -7298 facsimile
ADDENDUM
Applicants are seeking a Modification of the Special Permit relief granted in Board of Appeals
Decision 030 -12, and further amended in Board of Appeals Decision 048 -12. The Decision in
BOA File No. 030.12 allowed the first floor of a mixed -use commercial building to be used as a
take-out pizza bakery business. The second floor at the time was proposed to be used as a one -
bedroom apartment. Due to the excessive cost of retro- fitting the structure for a sprinkler
system due to the mixed use nature of the structure, Applicants were not able to install said
system at that time. In order to proceed with the conversion of the existing duplex to the
approved use, Applicants returned to the ZBA and received approval by Modification in the
Decision in BOA File No. 048 -12 to change the use of the second floor to one that does not
require a sprinkler system; i.e., storage ancillary to the first floor commercial use only.
Applicants also received approval to convert the use back to a one - bedroom apartment at some
time in the future without having to return to the ZBA for another Modification. The apartment
use is a use that is allowed by right in normal circumstances. The current parking requirement
for the apartment was one space and the requirement for the storage was also one space, so
there was no increase in the parking requirement. In February 2013, Applicants received relief
by Modification in the Decision in BOA File No. 003 -13 to change the hours of operation from
11:00 a.m. to 10:00 p.m. to 6:00 a.m. to 5:00 p.m. seven days per week. Compliance review of
the loading zone waiver was changed from March 2013 to April 2014. All other conditions were
to remain in full force and effect unless otherwise modified by subsequent action of the permit
granting authority.
Applicants are now seeking further Modifications of the above noted Decision in BOA File No.
030 -12 in the following manner:
- Modification to condition "1" in paragraph "5" in order to alter the approved site
plan attached to the Decision in BOA File No. 030-12 as Exhibit A. Minor
modifications have been made not affecting the number of parking spaces, or the
overall configuration of the parking area. Approval and substitution of a new Exhibit
A, prepared by Paul Santos, licensed land surveyor, Nantucket Surveyors, LLC, dated
April 22, 2013, revised May 13, 2013, is sought;
Said Modification would also relate to a change in the open space area provided as
noted on Exhibit A as about 27.4 %. The Zoning By -law minimum requirement is 20 %.
The new open space calculation would be about 25.8 %, still in compliance with the
open space requirement;
- Modification to condition "2" in paragraph "5" is sought in order to eliminate the
requirement for air - conditioning. The requirements to provide three exterior access
points and one handicap parking space would remain;
- Modification to condition "3" in paragraph "5" is sought. Though the hours of
operation were altered in the Decision in BOA File No. 003 -13, the original condition
specifically states that the business would be closed on holidays. The bakery is open
on holidays. As this part of the original condition was not modified in the Decision in
BOA File No. 003 -13, it needs to be further modified to allow the bakery to operate
on holidays. In addition, the original condition states that the building would be
open to employees from 3:00 a.m. to 11:00 p.m. and it was not modified in the
Decision in BOA File No. 003 -13. However, the bakery would need to be open to
employees from 11:00 p.m. to 6:00 a.m. in order to bake and prepare items for sale.
Thus the building would be open to the public from 6:00 a.m. to 5:00 p.m., closed
from 5:00 p.m. to 11:00 p.m. and then open for employees from 11:00 p.m. — 6:00
a.m.; and
- Though the Decision in BOA File No. 003 -13 indicated that the use of the property
would be as a bakery, it would appear that the Decision in BOA File No. 030 -12
limited the use to that as a pizza bakery business. Applicants are seeking to clarify
that a bakery is specifically allowed to operate in the structure as the primary use.
Applicants (owners of the building) are leasing the property to a tenant (Nantucket Bake Shop).
A temporary Certificate of Occupancy has been issued in order for the bakery to open provided
the Applicants seek a Modification of certain provisions in the Decision in BOA File No. 030 -12.
A final Certificate of Occupancy will be issued once relief has been granted by the Board of
Appeals and compliance verified.
Included with the Application is a memorandum of agreement signed by the Applicants and the
owner of property to the rear of the commercial structure, and the grantor of an access and
parking easement to the Applicants. The agreement notes several items that have either been
completed to date or will be by the stated dates agreed upon.
Applicants stated that the Modifications and clarifications sought would continue to be in
harmony with the general purpose and intent of the Zoning By -law and would not create any
public nuisance. All other conditions were to remain in full force and effect unless otherwise
modified by subsequent action of the permit granting authority.
Town and County of Nantucket May 14, 2013
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PrOparty ID 67 41 3
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MAP FOR REFERENCE ONLY t
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TOWN OF NANTUCKET m
lei® OF APPEALS T 4S
NANTUCKET, MASSACHUSETTS 02554
Date: May 11, 2012
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No:
[OXODM
Owner /Applicant: KENNETH S. RISEBOROUGH
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with the office of the Nantucket Town Clerk.
An Appeal from this Decision may be taken pursuant to Section 17
of Chapter 40A, Massachusetts General Laws.
Any action appealing the Decision must be brought by filing a
complaint in Land Court within TWENTY (20) days after this day's
date. Notice of the action with a copy of the complaint and
certified copy of the Decision must he given to the Town Clerk so
as to be received within such TWENTY (20) days.
Edward S.
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 505 -226 -7215.
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's
Map
67, Parcel 41.3
Book 887,
Page
34
Residential Commercial - 2
DECISION:
1. At a public hearing of 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 KEWNETH S. RISEHOROUGH, 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 4 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 rel-_6efy 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
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
regdirements 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
impossible" to provide on the Locus and the Board previously
waived the loading zone requirement in Decision No. 056 -11.
The Board, the Applicant, and counsel for an abutter discussed
the possibility of siting a loading zone over some of the
proposed parking spaces. The Applicant presented a concept to
the Board of Appeals whereby the 14' x 35' loading zone would be
sited over a portion of the proposed parking and the loading
zone could only be accessed during certain hours.
Further, the Applicant stated that the proposed commercial
building will be air conditioned, contain three exterior
entrances, a handicapped ramp, and one handicapped parking
space. Also, the public hours of operation for the take -out
food business will be 11:00 am to 10:00 pm, seven days per week,
and closed for holidays. The building will be open to employees
daily from 3:00 am to 11:00 pm. The number of peak shift
employees will not exceed six (6) during any given time.
5. Accordingly, the Board of Appeals, by unanimous vote of the
sitting members, found that the proposed uses on the Locus would
be in harmony with the purpose and intent of the Zoning Bylaw
and granted Special Permit relief pursuant to Nantucket Zoning
Bylaw Section 139 -7a (uses - take -out) for the proposed pizza
bakery business subject to the following conditions:
1. That the improvements to the site shall be completed in
substantial conformance with the site plan entitled "ZBA
Permit Plot Plan, 17 19 Old South Road, in Nantuokey,
Mass," prepared by Nantucket Surveyors, LLC, dated May 7,
2012, attached hereto as "Exhibit A ";
2. The proposed commercial building will be air conditioned,
contain three exterior entrances, and one handicapped
parking space;
2
3. The public hours of operation for the take -out food
business will be 11:00 am to 10:00 pm, seven days per week,
and closed for holidays. The building will be open to
employees daily from 3:00 am to 11:00 pm;
4. The number of peak shift employees will not exceed six (6)
'during any given time;
S. That the loading zone overlaid on parking spaces 5, 6, 7,
and 8 shall not be available for deliveries after 11:00 AM;
6. That no deliveries shall take place after 11:00 AM;
7. That no parking shall be permitted in spaces 5, 6, 7, and 8
between 8:00 AM and 11:00 AM, except for delivery vehicles;
regard to the subject property and property shown on
Nantucket Tax Assessors Map 67 as Parcels 41.4, 41.5, and
41.6 shall not be affected as result of this decision. The
property owners may, at any time, modify the easements to
accommodate their needs-as long as the total number of
parking spaces for the subject site is not reduced; and,
9. That compliance with the operation of the loading zone
shall be reviewed by the Zoning Board of Appeals at their
March 2013 meeting. The Board reserves the right to re-
open the special permit and impose additional conditions if
they find that the loading configuration is not adequately
serving the use of the site.
SIGNATURE PAGE TO FOLLOW
4 e
Dated: --kw-, 2012
COMMONWEALTH OF MASSACHUSETTS
Naudtcket, ss. I� 2012
On this I_ , {i1 2011, before me, the undersigned Notary Public, personally appeared
who is personally known to me, and who islhe person whose
name is signed on the precedirig or attached document, and who acknowledged to me that hada signed it
voluntarily for its stated purpose.
Notary u c: 6&406
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Doc: MSP 09/10/2012 01:47 PM
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS OVOW
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Date: August 10, 2D12 �n
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To: Parties in Interest and Others concerned with tke Dsbisiion of
The BOARD OF APPEALS in the Application of the £ollmwiram
A cb
Application No: 048 -12
Owner /Applicant: KENNETH S. RISEBOROUGH
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with the office of the Nantucket Town Clerk.
An Appeal from this Decision may be taken pursuant to Section 17
of Chapter 40A, Massachusetts General Laws.
Any action appealing the Decision must be brought by filing a
complaint in Land Court within TWENTY (20) days after this day's
date. Notice of the action with a copy of the complaint and
certified copy of the Decision must be given to the Town Clerk so
as to be received within such TWENTY (20) days.
4z ). ( cm)
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.
prBk: 01343 Pg: 12
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 67, Parcel 41.3
17 �t Old South Road Plan No. 01 -9
Book 887, Page 34 Residential Commercial - 2
DECISION•
1. At a public hearing of
Appeals, on Thursday, August 9,
Road, Nantucket, Massachusetts,
decision on the application of
PO Box 3631, Nantucket, MA 02554,
the Nantucket Zoning Board of
at 12:00 P.M., at 4 Fairgrounds
the Board made the following
JUMMTH AND DEMISE RISEBOROOGH,
File No. 048 -12:
2. Applicants are requesting a modification to the
Special Permit granted in Decision No. 030 -12 in order to
convert the second floor of the proposed mixed -use building to
storage ancillary to the commercial use on the first floor of
the structure. The Applicants are also requesting the Board of
Appeals allow the Applicants to convert said proposed commercial
storage to a residential use in the future without further
relief from the Board of Appeals. The Locus is situated at 17 h
Old South Road, is shown on Nantucket Tax Assessor's Map 67 as
Parcel 41.3, and is recorded at the Nantucket County Registry of
Deeds in Book 887, Page 34. The property is zoned Residential
Commercial - 2.
3. Our decision is based upon the
accompanying materials, representations, and t
at our public hearing. There was no
recommendation on the basis that no matters of
were presented. There were no letters in
opposition to the application.
application and
=_stimony received
Planning Board
planning concern
favor of or in
4. Denise Riseborough represented the Applicant at the
hearing. At the hearing, Ms. Riseborough explained to tht Auard
that the Applicants are requesting a modification to their
existing Special Permit granted in Decision. No. 030 -12 in order
to convert the second floor of the proposed mixed -use building
VSk: 01343 Pq: 13
to storage space ancillary to the commercial use on the first
floor of the structure.
At this time, the Applicants do not wish to use the second floor
space as residential, but may like -o in the foreseeable future.
Therefore, the Applicants are requesting that the Board of
Appeals allow the Applicants to convert said commercial storage
use to a residential use without needing further relief from the
Board of Appeals. A residential use is allowed by right in the
Residential Commercial - 2 zoning district.
5. Accordingly, the Board of Appeals, by unanimous vote of the
sitting members, found that the proposed modification to
Decision No. 030 -12 to allow the Applicants to convert the
second floor of the proposed mixed -use building to storage space
ancillary to the commercial use would be in harT.cny with ;ire
purpose and intent of the Zoning Bylaw and also made the finding
that if the Applicants convert said commercial storage use to a
residential use, they would not reed further relief from the
Board of Appeals.
SIGNATURE PAGE TO FOLLOW
e -'
rcr.�Y'
2
7:
Bk: 01843 P0r14_.
Dated: -)!� L, 2012 1
/ m
COMMONWEALTH OF MASSACHUSETTS
t
Nantucket, ss. fl 2012
On is �� QA of�, 2011, 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 that ®/she signed it
voluntarily for its stated purpose.
Nota ublic. q�
My commission ezpires: YppMI
i I ft THAT 20 DAYS HAVE ELAPSED AFTER
7%E SION WA$FILLO IN THE OFFICE OF THE
"rows CLER$, AND-THAT NO APPEAL HHASpEEN
LAWS1Et.SE ON 11
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aaox 887w0035
WITNESS our hands and seal on this V ! day of *(2004
Commonwealth of Massachusetts
Nantucket, ss.
On this 6 day of Ay l pyy , 2001, before me, the undersigned
notary public, personally appeared Randy Riseborough and Kenneth S. Riseborough,
proved to me through satisfactory evidence of identification, which was
Mk On`r[R Line_+ 6e ,r WtK 1:;iw rt to be the persons
whose name is signed on the preceding or attached document, and acknowledged to me
that +6,1 signed R voluntarily for its stated purpose.
P l'� w,uruacti'u t
Notary Public G`ENrIFlCATE
QPek $
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�_ PETER b. RYBIIRG ❑
j�' NoVry PuY1K Mf& m
wcannrpn E�Y.erer,IpB aecrur .
Nantuc' a Count Received & Entered
oata:M�413 0 6 �0�4 Tima: 11: y5
Attest: 9°"""�.�'at'7 Register of Deeds
End of
t ustrument
ax�uc�r
/9eannc TOWN OF NANTUCKET RECEIVED
BOARD OF APPEALSM3 FEB 25 PM 1 21
NANTUCKET, MASSACAUSETTS*24534T TOWN CLERK
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.
ca=f
1� S /-,,6 6zbP,)
Edward S. Toole, Chairman
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 Z014ING
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 HOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 67, Parcel 41.3.
17 ;s 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, 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. RISHHOROUGH
AS OWNER; NANTUCKET HAKE 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 ;1 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 is based upon the application and
accompanying materials, and representations and testimony
received at our public hearing. There was no recommendation
from the Planning Board as the matter did was not of planning
concern. There were. no letters in favor of, or in opposition
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.
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
r 6
n
Dated:, 2013
COMMONWEALTH OF MASSACHUSETTS
r
Nantucket, ss. Uhl 2013
r� f
On this a Ilay o 2013, before me, the undersigned Notary Public, personally appeared
4Ja� , 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.
Nota itir7ic: 9 h
M commission expires t'i iy
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May 3,.2013
Nantucket Planning Board
2 Fairgrounds Road
Nantucket, MA 02554
Attn: Andrew Vorec, AICP Director of Planning
Mi Old South Road
RE: Amended Special Permit #15 -12
ZBA Special Permit 030-12
ZBA Modification of Special Permit 048 -12
Dear Andrew:
Attached hereto, please find a plan entitled, "As -Built Plot Plan 17% Old South Road"
revised 5/3/13 to reflect proposed site improvements. As owner of the property I,
Kenneth S. Riseborough, hereby agree to the following:
1. The proposed improvements indicated on the plan will be completed by June 28,
2013.
2. The amount of $2,500.00 will be placed in escrow to cover the cost of
improvements, said amount represents the actual cost, plus one hundred and
twentypercent (120 %).
3. Kenneth S. Riseborough will file with the Nantucket Zoning Board of Appeals for
the June 13, 2013 meeting, a request to amend the existing permits to coincide
with the As -Built plot plan and proposed site improvements.
This agreement is made with the understanding that a temporary certificate of occupancy
can be issued for the subject.,property prior to the completion of said improvements and
after a review by Planning and Land Use Services.
Very Truly Yours,
Owner. 17% Old South Road
f{enneth S. Riseborough
CC Hcury Wasiedd Jr. AL ,F'r-t a Ah&PU-1 r ,,s aog
Site kni3fbvanents Agreed to and Accepted
-�. p. 00
Town of Nantucket
Zoning Board of Appeals
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
PROPERTY OWNER ....................................... ...............................
MAILING ADDRESS ................................. ............................ ....
PROPERTY LOCATION ........... J/. /7%- ....�a ...�
ASSESSOR MAP/PARCEL ........ f%! `.. 7. 1 ..............................
SUBMITTEDBY ............................................ ...............................
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)•
DATE A SESSOR'S OFFICE '�e
TOWN OF NANTUCKET
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TOWN OF NANTUCKET
BOARD OF APPEALS n
NANTUCKET, MASSACHUSETTS �025 4
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Date: August 2, 80190 m
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To: Parties in Interest and Others concerned with the Vecision of
The BOARD OF APPEALS in the Application of the following:
Application No:
Owner /Applicant: Kenneth and Denise Riseborough
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with the office of the Nantucket Town Clerk.
An Appeal from this Decision may be taken pursuant to Section 17
of Chapter 40A, Massachusetts General Laws.
Any action appealing the Decision must be brought by filing a
complaint in Land Court within TWENTY (20) days after this day's
date. Notice of the action with a copy of the complaint and
certified copy of the Decision must be given to the Town Clerk so
as to be received within such TWENTY (20) days.
Edward . Toole, Chairman
cc: Town Clerk L
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 1/2 Old South Road
DECISION:
Deeds Book 887, Page 34
Commercial Neighborhood
Plan File 01 -9
1. At a public hearing of the Nantucket Zoning Board of
Appeals, held on Thursday, June 13, 2013, at 1:00 P.M., at 4
Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following Decision on the Application of KENNETH AND DENISE
RISEBOROUGH, with an address of PO Box 3631, Nantucket,
Massachusetts 02584, Board of Appeals File No. 024 -13:
2. Applicants are seeking a Modification of the Special
Permit relief granted in in the Decision in Board of Appeals
Decision 030 -12, further amended in File Nos. 048 -12 and 003 -13.
The Decision in BOA File No. 030 -12 allowed the first floor of a
mixed -use commercial building to be used as a take -out pizza
bakery business. The second floor at the time was proposed to be
used as a ones bedroom apartment. Due to the excessive cost of
retro - fitting the structure for a sprinkler system required due
to the mixed use nature of the structure, Applicants were not
able to install said system at that time. In order to proceed
with the conversion of the existing duplex to the approved use,
Applicants returned to the ZBA and received approval by
Modification in the Decision in BOA File No. 048 -12 to change
the use of the second floor to one that did not require a
sprinkler system; i.e., storage ancillary to the first floor
commercial use. Applicants also received approval to convert the
use back to a one - bedroom apartment at some time in the future
without having to return to the ZBA for another Modification.
The apartment use is a use that is allowed by rightin the CN
district. The current parking requirement for the apartment is
one space and the requirement for the storage is also one space,
so there was no increase in the parking requirement. In February
2013, Applicants received relief by Modification in the Decision
in BOA File No. 003 -13 to change the hours of operation from
11:00 a.m. to 10:00 p.m. to 6:00 a.m. to 5:00 P.M. seven days
per week for the use of the structure as a traditional bakery,
rather than the pizza bakery that was previously permitted.
Compliance review by this Board of the previously granted
loading zone waiver was changed from March 2013 to April 2014.
All other conditions were to remain in full force and effect
unless otherwise modified by subsequent action of the permit
granting authority.
The premises is located at 17 1/2 Old South Road,
Assessor's Map 67, Parcel 41.3, Plan File 01 -9, and evidence of
owner's title is recorded at the Nantucket County Registry of
Deeds in Book 887, Page 34, and is now zoned Commercial
Neighborhood.
3. Applicants are now seeking further Modification of the
above noted Decision in BOA File No. 030 -12, as subsequently
modified, in the following manner:
- Modification to condition "1" in paragraph "5" in ..
order to alter the approved site plan attached to the Decision
in BOA File No. 030 -12 as Exhibit A. Minor modifications have
been made not affecting the number of parking spaces, or the
overall configuration of the parking area. Approval and
substitution of a new Exhibit A, prepared by Paul Santos,
licensed land surveyor, Nantucket Surveyors, LLC, dated April
22, 2013, revised May 13, 2013, is sought;
- Said Modification would also relate to a change in the
open space area provided as noted on Exhibit A as about 27.4 %.
The Zoning By -law minimum requirement is 20 %. The new open space
calculation would be about 25.8 %, still in compliance with the
Zoning By -law requirement;
- Modification to condition "2" in paragraph "5" is
sought in order to eliminate the requirement for air -
conditioning. The requirements to provide three exterior access
points and one handicap parking space would remain;
- Modification to condition "3" in paragraph "5" is
sought. Though the hours of operation were altered in the
Decision in BOA File No. 003 -13, the original condition
specifically stated that the business would be closed on
holidays. The bakery is open on holidays. As this part of the
original condition was not modified in the Decision in BOA File
No. 003 -13, it needs to be further modified to allow the bakery
to operate on holidays. In addition, the original condition
stated that the building would be open to employees from 3:00
a.m. to 11:00 p.m. and it was not modified in the Decision in
BOA File No. 003 -13. However, the bakery would need to be open
to employees from 11:00 p.m. to 6:00 a.m. in order to bake and
prepare items for sale. Thus the building would be open to the
public from 6:00 a.m. to 5:00 p.m., closed from 5:00 p.m. to
11:00 p.m. and then open for employees only from 11:00 p.m. -
6:00 a.m.; and
Though the Decision in BOA File No. 003 -13 indicated
that the use of the property would be as a bakery, it would
appear that the Decision in BOA File No. 030 -12 limited the use
to that as a "pizza bakery" business. Applicants are seeking to
clarify that a bakery is specifically allowed to operate in the
structure as the primary use.
4. 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.
5. Linda Williams represented the Applicant at the
hearing. The property was benefitted by an original decision and
several modifications subsequently. Applicants (owners of the
building) are leasing the property to a tenant (Nantucket Bake
Shop) . A temporary Certificate of occupancy has been issued in
order for the bakery to open provided the Applicants seek a
Modification of certain provisions in the Decision in BOA File
No. 030 -12, as subsequently modified. A final Certificate of.
occupancy will be issued once relief has been granted by the
Board of Appeals and compliance verified.
After further review of the new tenant's business in
relationship to the conditions contained in the decisions,
several issues arose as outlined above. In addition, Applicant
proposes elimination of the requirement in its entirety to
provide air- conditioning in the building. The proprietor of
Nantucket Bake Shop stated that they would not be using the air -
conditioning even if required to put it in as they could not
bake a yeasted product in cold air. It was further represented
that the requirement for air - conditioning was usually reserved
as a noise mitigation measure for more intense uses such as
contractor's shops located in close proximity to residential
development. Installing air - conditioning would negatively impact
the business as it would require the business to shut down
during installation, would be very costly, and then after
installation would not be utilized due to the nature of their
business. The new tenant has a long term multi -year lease so the
potential need for air- conditioning would likely be several
years away.
There was testimony from the Building Commissioner Steve
Butler about the issue of window units versus a central system.
He stated that window units would not be acceptable under the
Building Code to meet the criteria for heating and air-
conditioning. The Board expressed concern about the noise and
odors coming from the bakery and its possible impact on
surrounding residential units.
Alterations to the site plan have been made that reduced
the open space calculation from 27.4% to 25.8 %, still in excess
of the minimum required of 20%. However, the parking plan
remained substantially in the same configuration as previously
approved. Applicants are asking to substitute a new Exhibit A
that would indicate the minor changes.
6. Therefore, based on the foregoing, the Board finds
that Modification of the prior Special Permit and subsequent
Modifications as noted above would be in harmony with the
general .purpose and intent of the Zoning Bylaw and would not
derogate from the original intent of the previous relief
granted. Further, the requested Modifications would not create a
public nuisance or a negative impact on the neighborhood.
7. Accordingly, by a UNANIMOUS vote of the sitting Board,
the Board of Appeals grants the MODIFICATION of the SPECIAL
PERMIT in BOA File No. 030 -12 and further modified in BOA File
Nos. 048 -12 and 003 -13,in the following manner:
a. Substitution of a new Exhibit A, prepared by Paul
Santos, licensed land surveyor, Nantucket Surveyors,
LLC, dated April 22, 2013, revised May 13, 2013,
a reduced copy of which is attached hereto;
b. Reduction of the open space as shown on Exhibit A
From about 27.4% to about 25.8 %;
c. Change in hours to be open to the public from 6:00
a.m. to 5:00 p.m.; closed from 5:00 p.m. to 11:00
p.m., and open only to employees from 11:00 p.m. to
6:00 a.m.;
d. Clarification of primary use as a bakery;
e. The business would be able to be open to the public
on holidays; and
f. Elimination of the requirement to provide air -
conditioning.
8. Said Modifications are based upon the following
conditions:
a. Waiver of the requirement to provide air -
conditioning is for the current use as a bakery.
Should the commercial use change, the Applicants or
successor(s) in title of the property are required
to seek further review and /or relief from the
appropriate permit granting authority. The
conversion of the second floor storage area to a
residential apartment shall not require installation
of air conditioning and shall not require a
modification of this decision; and
b. The windows and doors shall be closed when the
employees are preparing baked items during the hours
of 11:00 p.m. to 6:00 p.m.
9. All other conditions contained in the previous
decision(s) are to remain in full force and effect other
than modified herein. The ability to add a second floor
apartment in place of the storage ancillary to the first
floor commercial use without having to seek further relief
from this Board or the permit granting authority remains in
effect. Said change in use of the second floor to a
residential use would not trigger the requirement to air -
condition the building.
SIGNATURE PAGE TO FOLLOW
Assessor's Map 67, Parcel 41.3
17 1/2 Old South Road
Dated: 2013
Deeds Book 887, Page 34
Commercial Neighborhood
Plan File 01 -9
ar S. Toole
Kerim Koseatac
COMMONWEALTH OF MASSACHUSETTS
Nantucket, as. 2013
On this day of +7 }- 2013, before me, the
undersgped Notary Public, personally appeared
(�( �y �.(*� , 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.
rVL� 7ESLIE WOODSON SNELL NOTAPV PUBLIC AM1A0XWFO UVACVCXU MS
y Gemm. Entree Sept 2& 2018
Notary Public:
My commission expires:
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