HomeMy WebLinkAbout073-13 18 Broad StreetANNIL
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TOWN OF NANTUCKET G
BOARD OF APPEALS
NANTUCKET, MA 02554 ? ✓ °
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APPLICATION P
Fee: $300.00 File No.V
Owner's mume(s): Eighteen Broad Street LLC
Mailing address: 218A E Eau GaRie Blvd #107, Indian Harbor, FL 32937
Phone Number. E -Mail:
Applicant's name(s): Ethan Dupree
Mailing Address: c/o Rhoda H. Weinman, 36 Centre Street - P.O. Box 1365, Nantucket, MA 02554
Phone Number: (646) 919 -6852 E -Mail: ethannwilliamethan.com
Locus Address: 18 Broad Street Assessor's Map /Parceb4242 -032
Land Court Plan /Plan Book & Page /Plan File No.:
Deed Reference: Book 647, Page 14 Zoning District: CDT
Uses on Lot- Commercial: None_ Yes (describe) retail and office
Residential: Number of dwellings Duplex Apartments
Date of Structure(s): all pre -date 7/72 x or
Building Permit Numbers:
Previous Zoning Board Application Numbers: 024-86 and 034 -94
2 Fairground. 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.
Applicant seeks a Modification of Special Permit relief granted in Case No. 024-86 and 034 -94, to
modify, the allowable uses to include a European Cheese Cafe in the basement area, and to request
Special Permit relief under Nantucket Zoning By -Law Section 139 -18D for the waiver of four
additional parking spaces and Special Permit relief under Section 139 -20C (1) (2) from the off - street
loading requirements to the extent that the Board deems that the relief given in 024 -86 was not
adequate
The total square footage in the basement is 940 square feet of which 558 square feet will be used as
the space for the Cafe, and the remainder of the space will be used for storage, washroom and
egress as shown on the attached plan. Applicant proposes to offer fine cheese plates along with
breads, crackers, olives etc., which would be accompanied by specialty wines and beer. The items
served would not require the use of a commercial kitchen. There will be no cooking on -site. The
locus is zoned Commercial Downtown, and this type of establishment is a permitted use in said
district.
There were seven (7) packing spaces waived in 1986 in Decision Number 024 -86, and seven (I)
parking spaces waived in 1994 in Decision Number 034 -94. In the 1994 decision, the following
table was included:
Basement— 250 square feet = 2 spaces
la floor front (retail) 1,000 square feet -6 spaces
la floor rest (retain 200 square feet— 2 spaces
2"" floor — (office) 850 square feet— 4 spaces
The square footage in the building remains the same as do the uses on the first and second floors.
However, the proposed use of the basement is as follows and will require fout (4) additional parking
spaces.
Basement- Cafe Space- 558 square feet
(remai ino basement space is storage and washroom per the
attached plan).
24 seats proposed = 3 spaces
1 -3 employees = 1 space
The loading zone was waived in Decision 024 -86, but the language in that decision is such that
Applicant requests that the Board either ratify that decision or give the requested relief to waive the off-
street loading requirements.
I certify that the information contained herein is substantially complete and one to the
best of my knowledge, under the pains and penalties of perjury.
SIGNATURE: Owner*
2 Fairgrounds Road Nantucket Massachusetts 02554
508- 228 -7215 telephone 508- 228 -7298 facsimile
SWNATURE: Applicant /Attorney /Agent*
*If an Agent is representing the Owner or the Applicau; please provide a signed proof of agency.
OFFICE USE ONLY
Application received on:—/—/— By:_ Complete_ Need Copies:_
Filed with Town CiedcJJ_ planting BoatdJJ_ Building Dept.: —/—/_ By:_
Fee deposited with Town Tteasure .. -/ -/_ By-.._ Waiver requested:_
Granted —/—J_ Hearing notice posted with Town Clerk.—/—/— Mailed — —/-
I&M _/_/_ &_/ —/_ Hearing(s) held one—/_ Opened
Continued to:_/_/_ Withdrawn: _/_ /_ Decision Due By: —/—/_
Made:—/—/— Filed w /Town Clerk.—/—/— Mailed:—/—/—
2 Faitgto u n ds Road Nantucket Massachusetts 02554
508- 228 -7215 telephone 508 -228 -7298 facsimile
`co9bsi ��5..
Bk: 01408 Pg: 329
TOWN OF"NANI'UCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
March q , 1986
Re: LOIS K. SBAPIRO (024 -86) Sk: 1408 Pg: 329 P59e:1 Of
Doc: SP 10/1712013 02:3D PM
Enclosed, please find notice of a decision of the BOARD
OF APPEALS which has this day been filed with the Town
Clerk.
Any appeal from this action shall be made pursuant to
Section 17 of Chapter 40A of the General Laws, and shall
be filed within twenty (20) days after this date.
C
William R. Sherman, Chairman
BOARD OF APPEALS
Bk: 01408 Pg: 330
BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, MASSACHUSETTS 02554
DECISION:
At a Public Hearing of the BOARD OF APPEALS held on FRIDAY, FEBRUARY
28, 1986 at 1:30 P.M. in the Town and County Building, Nantucket, in the
matter of the Application of LOIS K. SHAPIRO (024 -86) address 168 Valley
Road, Watchung, NJ 07060, the Board enters the following Decision and makes
the following findings:
1. Applicant seeks a SPECIAL PERMIT under Zoning By -Law SECTION
139 -33A to continue an existing retail store or service use, non - conforming
in not meeting the parking requirements of SECTION 139 -18, and to alter the
use by adding a take -out food establishment,.and further seeks a SPECIAL
PERMIT under SECTION 139 -18C affording relief from the parking requirements,
also a VARIANCE from the SECTION 139 -19 requirement of off - street loading
facilities. The premises are located at 18 BROAD STREET, Assessor's Parcel
42.4.2 -32 and zoned RESIDENTIAL - COMMERCIAL.
2. Based upon the Application papers, viewings, correspondence,
testimony and representations, we find that Applicant provides neither off -
street parking nor loading facilities, these being physically impossible
to provide given the existing improvements upon the property. Prior to
zoning, the use of the premises is understood to have been residential.
Since then, a variety of uses have been undertaken: retail stores, real
estate and professional services and in the last two years, take -out food
establishments in the rear of the premises.
3. While alteration of uses, non- confc� min& in their failure to
meet the parking requirement, requires prior obtention of a Special Permit,
none was ever sought, much less obtained. Counsel for Applicant stated that
one Building Permit No. 1125 -79 had been issued 5/2/79 and carried a state-
ment of then uses which since 5/2/85 are protected by the 6 -year Statute
of Limitations. That Building Permit was not offered in evidence before
the hearing was closed. Noetheless in fairness to Applicants, we take°judi-
cial notice" of its contents as a matter of public record. (The Building
Bk: 01408 Pg: 331
(024 -86) -2-
Permit No. 4455 -85 of 11/13/85 affords no statutory protection for current
or proposed uses but may have an arguable bearing on any question of good
faith.)
4. Since off - street loading facilities were required in 1979 (Section
6D, now 139 -19), we find that no variance is required, that lack being
protected by the Statute of Limitations. Otherwise, we would be unable to
find all of the requisites to grant the requested variance (139 -32), and
such request would have to be denied.
5. Turning specifically to the matter of off - street parking which
is physically impossible to provide (139 -18G (b)), relief from the parking
requirement would not be in harmony with the general purpose and intent of
the Zoning By -Law. Applicant must, therefore, limit use of the premises to
those for which the total off- street parking space requirement does not
exceed the total grandfathered. We -have since early summer 1985, been
consistent in this respect following the urgings of the Board of Selectmen,
Planning Board and Planning and Economic Development Commission. According
to the 1979 Building Permit, the following were the uses then and the
current off - street parking space requirment correspondingly grandfathered:
1st Floor - Windslow CA. 256 t SF = I
1st and 2nd Floors - one dwelling unit 1
2nd Floor - Beauty Shop 298 t SF = 1
Ground Floor (rear) - Brant Point Marine 256 SF = 1
3 sets of employees 3
7-Total
6. We find, therefore, that those proposed retail store and service
uses, and associated number of employees, for which the total parking
space requirement is not greater than 7, being protected by the Statute of
Limitations, are not substantially more detrimental to the neighborhood
than prior lawful uses. To the contrary, we find that a take -out food esta-
blishment would be substantially more detrimental to the neighborhood. The
By -Law Section 139 -18I mandates 5 spaces for the one take -out series station
which Applicant proposes, Plus 1 for each 4 seats in the patio (for which
the proposed number of seats is not of record). This is clearly an unduly
Bk: 01408 Pg: 332
rj
NOTICE
A Public Hearing of the BOARD OF APPEALS will be held on
FRIDAY, FEBRUARY 28, 1986 at 1:30 p.m, in the TOWN AND COUNTY
BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application
of LOIS K. SHAPIRO (024 -86) seeking a SPECIAL PERMIT under SECTION
139 -18 and 139 -33A for continued non - conforming use of the existing
structure for retail stores and services in basement, first and
second floors and take -out food establishment in first floor rear
and uncovered patio, plus a VARIANCE from off- street loading
facility requirement of SECTION 139 -19. The premises are located
at 18 BROAD STREET, ASSESSOR'S PARCEL 42.4.2 -32 and zoned RESI-
DENTIAL- COMMERCIAL.
/3 19- 6
o o
William R. Sherman, Chairman
BOARD OF APPEALS
(024 -86)
-3-
Bk: 01408 Pg: 333
intensive use where no off- street parking is feasible.
7. The Planning Board's recommendation is unfavorable, as is a let-
ter from the Hospital Thrift Shop.
B. Accordingly, this Board by UNANIMOUS vote GRANTS to Applicant the
requested SPECIAL PERMIT under SECTION 139 -33A to the extent, and only to
the extent that the proposed retail store and service uses not entail a
requirement of off - street parking spaces greater than 7, requested relief
otherwise being DENIED including specifically for the take -out food esta-
blishment use.
Dated: March N , 5986
Nantucket, MA 02554
1 CERTIFY THAT 20 DAYS HAVE ELAPSED AFTER
THE DECISION WAS FILED IN THE OFFICE OFTHE
TOWN CLERK, AND THAT NO APPEAL HAS BEEN
FILED, PURSUANT TO GENERAL LAWS 10A,SECDON 11
6
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QLT 1. 7 2013
v
William R. Sherman
Dorothy D. Vollans —�
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3�
inda F. Williams
t>>
` yr�
2oct�Q�rwt�
,[ TOWN„ F NANTUCKET
BOARD OF APPEALS
na.Ya • NANTUCKET: MASSACHUSMS 02554
Date: G... 39 1999
MODIFICATION OF SPECIAL PERMIT (039 -66) L
ERTIFICATE OF CRAMMING 0
Nafaato ... t to General Laae. CAapte[ Lectl.n 11
The BOARD OF APPEALS of the TO' OF NANTUCKET, hereby CertlElae
that a AREAAI✓QR SPECIAL PERMIT has been GRANTED.
To:(osner /APPllcent) ROBERT 5. SHAPIRO, TRUSTEE OP PDCONO
REALTY TRUST IT
40 Aode snd Algae. Boi 3669, Nantucket. MA 03560
Addteae:
arIacting the right. .1 the ovnec / ApPlicant with respect to land or
building st: IB Broad Street, b.....X'e Map 4.9.2, Parcel 32.
plan Book 206. Page I72,
And the BOARD OF APPEALS further Set' ifieso Decision the attached
Deoi.ton is true and correct copy .
yA$y$t(,,,jBEXSPECIAL PERMIT and that Copley of the Decision and of
.,I l .G referred Clerk.the Decision have been filed with the Plancin9
an The BOARD IF APPEALS calla to the attention of the ovnec/
Applicant that General Laws' Chapter .OA, Section 11 (last EXTENSION pn)
Provides. that no A19fA1 ®fX,,,XzXSPECIAL PERMIT. or any
NOOIPIC ATIDN or PEN LXAL thereof. shell take effect ..III W a Copy .[
the Decision Iv certified by the Town Clark CNL TRENT' (20) says have
ClarkedadE no Decision
beeps f iledn(or. if such the appealeha. be.. E"ad.
rest it I.. base di—i —d or denied)
and iej the certified co;^ la
recorded Id the Registry .1 wed. toc th e R of a of OVOerYC eateled oc
e :ea In the grantor led.. ceps., en. d.ne o
iscrecorded mq n[pte9l. seeing Owner.. M P.
eY the Omer /Apo it.n�_rbr
Clark
Can ire.
e
B4I1B BOAPB OP APPYY
10 Bm.th a...A Street
wemset, sems.mhu.tte G3
Map 42.4.3 is Broad street _
Parcel 33 Bonk 306 b9. 113
EOnleg District R-C
At a Public Bsaclng of the %..IN Board O[ Appeals held at
1:00 P.M., Pride, May 6, 1994. in the Town AM County Bulldin9,
Broad street, Mantuck.l, M ..... A ... ate, cab she Apgllcatis. of
ROBERT S. RBAPTRO, Trust.. Of POCCAO REALTY TRUST LI, e/m bade B
Alger Pr fosaiunal Corporation, Post Office b. 3669, Aantutket.
Massachusetts 03984, Age rd Of Appeals Tile Mm. 034 -94, the Board
made the following bcielom
1. Applicant IS bating a MODIFICATION Of SPECIAL PEEM'T
relief granted in Cue Mo. 014 -96, to Modify a said to be
erroneous description of uses therein, $o "at Applicant way
ontinue the ..Sating uses upon the Locus, with the option o[
using first floor and bass ant a[ a for retail And /or office
To the .elect nereaAlry, applicant sign requests Celief by
SPECIAL PERMIT for the waiver OL seven (1) additional off -Reset
g139d BBp).... SBA t.. N0• 014 d6, Nantucket Zoning By -Nv under
The ppmlas (th. 'LOCu.') -me located at 18 BROAD STREET,
A ..... Or, map 41.4.1, parcel 33. Th. property is ..n.d
Ruideat ial- c.mbrcial.
3. The Decision 11 hued upon Me Application and materials
submitted with It and CA. t--ti -time 6o -Me Application. idOr ..red a the
hearing. Thera vas n Oppne --
3. sa
Applicant informs us, that the existing uses d perking
vqulrment. upon the to.. are the Lolloving:
Bses.. C Retail, 2 SD square feat
gp . y.. spa ee
Tirol floor test - Retail, 200 1 q.1. p. ee
feet
sPace
PSCet floor front - Retail, 1,000 -q--r- feet —'
5 .p.ea0 . 1 .ep3oye-
uew
second fleet -
Of[Ste. 860 .gut. fast
4 Inc.- .
T ... 1 ap.... required - 14
Th. proposed interchangeable o[[i te/te utl use would Act irotew
-I-
parking m,.lt.wnm.
a. Applicant lotorss w that th. wad upon the Locus from
the early 1970's w data hnu included Pray .....nai 'film.' s
beauty shop' b sevanl retail stares. In ease Vo. 036 -866, the
s'ab found a that
po .1979 building Wait, .hail. or cas• e0. 036 66,
sPacas haab upon
the c 4cd did not upon In* lnfrcmiit% supplied ee w"' raxhe
Applirnt, sb upon the recollection' hY • ve we where of tM
Board, W find that the wes acl.tln9 Vpon the L'Cua Yb[al
consist" at .tall and office space wa for the pea
Teams
that the wbtlrg ue s b interchangeable
m,"1Yoffeice
ppllmtLon, and that the Pc pee not be
we of the fore does, idl tea tM t nbghw.heb would than the areas
substantially
existing owes. enned Them ar. no realdwelal eae. upon the Law and
n'
S. Sna Beata [Sods Ne[ it would be physically ispbssibls
to pm,ld. any packing spaces up.. the Lote.. loeamd In the Cam
the Park! anmquicthe o 'f 1139-18-0 9fe theyhy -I" is in harwey
kM Parking
fen the 9aneeal pucpwea and intent of the bY-Say.
6. By UBANIMUS vet., the Board glance the sodifimtion of
the the BOeacciPtion remit orelief the granted
ses therein no No. thatd Appllcantbtay
using• firsts [Ibor Bud bm.wntn Be.. [for i mil the b/art office
Us.. y, ny UNA.NIedps mis' the Boards grants a Spacial luw t
pursuant m {139 - 160.131 'f the BY'lav ab vaim. the regu
for the provl.l'n of .easu .alti"I e![ -thaw[ Backing, spaces
Vpon the Loew, subject re Me condition that the[. V311 .i.'
w CM Pw.Aes
cr.ma ta iahwnt
withcat relief tros�b Board
Date. Iq , 1996 a.n-
a. ^9a SK'SDOFRM
y� A' err L t t t _
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TOWN OF NANTUCKET o
BOARD OF APPEALS0.�
NANTUCKET, MASSACHUSETTSr02554
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0 3 m
Date: December 3, Z01:�o
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N
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 073 -13
Owner /Applicant: Eighteen Broad Street, LLC as Owner
and Ethan Dupree, 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.
Eleanor W. Antonietti,
Zoning Administrator
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- 325 -7587.
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 42.4.2, Parcel 32 Book 647 Page 14
18 Broad Street
Commercial Downtown -CDT
DECISION
1. At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00
p.m., Thursday, November 14, 2013 on the Application of Ethan Dupree, 18 Broad
Street LLC, 273 Lansing Island Drive, Satellite Beach, FL 32937, Board of Appeals File
No. 073 -13, the Board made the following Decision:
2. Applicant is requesting a Modification to previously issued Special
Pemrits to modify the allowed uses to include a caf i (restaurant for zoning purposes) in
the basement level. Applicant requests Special Permit relief pursuant to Nantucket
Zoning Bylaw Section 139 -18.1) to waive four (4) additional parking spaces and section
139 -20, to the extent necessary, to waive the requirement for an off-street loading zone.
The locus is situated at 18 Broad Street, is shown on Assessor's Map 42.4.2 as Parcel 32,
and evidence of owner's title is recorded in Book 647, Page 14 on file at the Nantucket
County Registry of Deeds. The site is zoned Commercial Downtown (CDT).
3. Our decision is based upon the application and accompanying materials,
representations, and testimony received at our public hearing. There was no Planning
Board recommendation on the basis that no matters of planning concern were presented.
There were no letters or comments from the public.
4. Attorney Rhoda Weinman represented the Applicant at the hearing.
Applicant, through counsel, represented to the Board that he is planning to open a cheese
cafe (restaurant for zoning purposes) in the basement of 18 Broad Street, which will
consist of serving cheese, breads, crackers and assorted items that will not require a
kitchen or any on -site cooking. The total square footage in the basement is 940 square
feet, and 558 square feet will be used for the caf6, and the remainder of the space will be
used for storage/utilities, a bathroom and egress. In the previous two decisions, a total of
fourteen (14) puking spaces were waived —seven (7) in the 1986 decision (024 -86) and
seven (7) in the 1994 decision (034 -94). In the 1994 decision, it was determined that the
following was required:
Basement - 2 spaces
1' Flr. Retail Front- 6 spaces (1,000 sq. ft.)
I' Mr. Retail Rear- 2 spaces (200 sq. ft.)
2°" Mr. Office - 4 spaces (850 sq. ft.)
The square footage and uses m the building will remain the same with the exception of
the basement space. Parking requirements are based on a restaurant use classification
which requires one (1) space per every eight (8) seats in the core parking district and one
(1) space for every three (3) employees. With twenty -four seats proposed in the
basement, and one (1) to three (3) employees, an additional four (4) spaces are required.
In the 1986 decision, the loading zone was waived, but the language in that decision is
such that Applicant is requesting that the Board ratify that decision or grant the requested
relief under Section 139- 20C(1)(2) waiving the off - street loading requirements.
4. Therefore, based upon the foregoing, the Board finds that the use of the
basement space for a cheese caf6 (restaurant for zoning purposes) is a permitted use in
the CDT district therefore no relief is required. As to the request for relief from parking
and loading zone requirements, the Board finds that providing the requisite spaces would
be physically impossible for the applicant due to the existing conditions of the lot and its
location within the core downtown district, and therefore, a waiver of these provisions is
consistent with relief granted to other owners pursuant to Sections 139- I8.B(2a) and (2b)
and 139- 20C(1)(2), and (3).
5. Accordingly, by a UNANIMOUS vote, the Board of Appeals hereby
grants the relief by Special Permit under Section 139 -18 waiving four additional parking
spaces and relief by Special Permit under Section 139 -20 to reaffirm the waiving of the
off - street loading zone.
SIGNATURE PAGE TO FOLLOW
Assessor's Map 42.4.2, Parcel 32 Book 647 Page 14
18 Broad Street
Commercial Downtown -CDT
Dated: DfCCMK /'>•' 203
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss. BtCeN ✓ 1 201-3
On this day of LACtMht#L 201.2
o, before me, the undersigned Notary
Public, personally appeared E WQv O1- ?Dolt , 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 blic:
My commission ex
pues: Eyp1EU. D. VOLLANS
Notary
Commonwealth of Massachusem
My Commission Expires
December 28, 2018