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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 Mailed /� Hearing(s) held on /[ /L Opened on Continued toq,,, / /LN Withdrawn /, /r— Due By, Made/ /' Filed w /Town Clerk, /-- / Maded ?�i/ /,' 2 Fairgrounds Road Nantucket Massachusetts 02554 508- 228 -7215 telephone 508- 228 -7298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 9ltl \ 1 n � ppp 6]M \ ]tee 8]H oO 6] MC ■ 6]n8 Y 1 e]l86 Property lntormation PrOparty ID 67 41 3 Local 17 -OLD SOUTH RD w d oner RISEBOROUGH KENNETHS �C tt� MAP FOR REFERENCE ONLY t NOT A LEGAL DOCUMENT v� The Town makes no deims and no v+ weoemtieIII pwrapy of the GIS delta presented on this map . pardels updated Demmber 2012 � o C s PNiUCkf -i F-� G'3 3a 't rn 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 My commission expires: ��n f74 14 PAS %ZIE%A TAXE-OOT- 5 SP/STA NM I STA IM = 5 SAC S CWE' 9FLROOM APAFIUENT - i AACE &AP(OI 6 EM%OYFES (PEAR) T WALES TOTAL S AC£S REQ RH 6 SAL MW .S ACES PFONOEO; 9 S ACES PAW /r SPACTY IO R44IX/ON OB � %TZEFIA SPA[LS OA IILPOUCH � . CQVOQI/MWM 1MY15 (LnH75 !.1 R Jf �3 HOIE q9 -BU4i OAIA AS �gCRn WI RAX 9Y JJMX J. @ppVllE INC. oA1FD C£L9NeA IR SIFI. A(9) —[p -Wp {Lf m w I➢I . --RITE X z . ".. umm1T.. cuglwr zwv+aw (CCPIxERpM. xoalagwwo) a -zav9n uwi miz Arx. MPIIN614pi ffiGTp00 9F. YINIMW PRGMA�50 R. ' f%W1Y/AU MGtU R. aFAM1YIAI �'9 ai. PROMS M lam PLO MM 9A� I21A �er�, ®la �aaaX, µ�neN "a m G �fGt /GNJ.MY.YpEO q d%fr rtai vAx WT. P Mtlg E1941g5 /9V / .I Al NdS � II,,ANSIED BY PA.fM6VJ Jgtt18NL M A�d4Mfl.•I FAVI.PEY'OT ®MC[gY ee; PAC£ NI. PAEF � .tOMCMI afG2ttCn w M.x' pa. S BwR1 f1�MMYAta Afp/CA IttW /pY a O78-G < OiJ -M soo T aaaa���K^ mA vFlaHl qOT PVN n m mRw awn x.wnrxn, w�9z�.raiva.rta sr�r -au oArz:e�o/,1 1£X96! S/1/fz �R (tBA KIR6: 5TJ/1S 9R10rr.LL MNJ OEm IYipFAYF. OM( ®] P6 31 PLW II9iElIDICF; Nq. 01 -9 AYE' 99T's gFFFafX2 Il.wn wnm:9u .m9caxc FFNMElN S PoSB6iWp1 5 7 /L 4M'� anv9ra 6C MA. �9R:1 Bk: 01343 Pg: 11 Bk: 1343 Pg: 11 Page: 1 of 4 Doc: MSP 09/10/2012 01:47 PM TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS OVOW C C= C7 L7 � m Date: August 10, 2D12 �n o z 3 m 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 3 N� fs � n� �a R� 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 $ )_ �_ 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 P 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 C ; $ @d m 44d4444444Etl L'4'S o o00 F T N H a s ass "s HrzzmA�sAA'wv rAa -wr- s sRrAmrv' r srArrm - s soAar gRNA qp py[ PfMCYI/ A✓MIMNI � I FA¢ FM/401fEf - 1 SV /J IMOIfCS L fWCO1R5I✓E.A"J � P S°ARS IOrK 9'A¢5 RPPFPm. H 9'A¢H NTK IA¢S INOM%D' H.9ACE5 PdRdffilEHl@ v,m O nIM%KtI ®• %IIEi/A/BIASITY/SI[NA¢ M MAFIMMT WA¢ OA MP3kYl ® LU'YNIMMi1 M115 (1/AY4 1.P t JI in ��M�Y�Ptrs /N/r �tG4.Je 1aM amI[ 2bzr oF-rt wV ISR e[w rad.3 � IrrrAw IH.sfau .gfTeu -r> Sgm RUrsA. a. 1.. d nAX n aMH Lin zwwne xu.�w wrm: wmwt ri m. sGL.L9Je HHY61� wad z�mr �i �wsr�ivlr� rte a .waxxz wr, a[ ml[ S�v ly am cmia+rs,a r..x,ao.am ®s uu Axwc°OOf�°ei.l°"miw�i imom x i �I�ilm @MB.V Y2 /fir FI. MH M1SA[AP'HORd NrtRM SA >SMrK9 M4C1M1P IYY aaum B w n �n an w1O`m�''.wu nwwar. w..a.rs..n e...rm wn.y/im> r°®vx�m�'wx prwn .L> prALHif; LA oez. � >HVnam H.HHmr merH eam v rIP xa P°°11 ° rO..aiX[fHl u -vm Ina mn Arx Ir'r° �tsie v rmnmw n�' am cmia+rs,a r..x,ao.am ®s uu Axwc°OOf�°ei.l°"miw�i imom x i �I�ilm @MB.V Y2 /fir FI. MH M1SA[AP'HORd NrtRM SA >SMrK9 M4C1M1P IYY aaum B w n �n an w1O`m�''.wu nwwar. w..a.rs..n e...rm wn.y/im> r°®vx�m�'wx prwn .L> prALHif; LA oez. � TOWN OF NANTUCKET BOARD OF APPEALS n NANTUCKET, MASSACHUSETTS �025 4 - m N n M o n Date: August 2, 80190 m N E O O iT N 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: Ern e 6iT A glmdAiBMDfY TAY£ -R?- 3 m/SM 1/OY.' 1 3'TA]NYI � 5 mAf6' T/PPAGf CW WE BfAPOfM .NMIYMT � / mAfE crmeoras - r m/ z rxnorerss 3 cww�' (Pros) - : tunas roru motes pcecaem: a mAar roru tunas PFONOID: s mAas mna3 O >rerarrn � � PrmaAiauxxr/srana' m MAH1NNt tunas Qn w.cww ®- mwamw.v ours (r33TS rz a .r) H 4E:s..�1�x 6.4466 xMI! oa-6 4 4F SB. 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