HomeMy WebLinkAbout025-14 15 Washington Streeta
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
Fee: $300.00 File No. Z5 -18t
Owner's name(s): Max N Berry Trustee of the Betty Revocable Realty Tmst
Mailing address: 2716 Chesapeake St NW Washington DC 20008
Phone Number:
E -Mail: ma:mberry@a me.com
Applicant's name(s): Jason Bridges
Mailing Address: PO Box 3247. Nantucket MA 02584
Phone Number: 508- 367 -1976
E -Mail: Jason(a),nanmcketbybAe.com
Locus Address: 15 Washington Street Assessor's Map /Parcel: 42.3.1/99
Land Court Plan /Plan Book & Pane
/Plan File No.: 1204/160
Deed Reference /Certificate of Title:
Zoning District CDT
Uses on Lot- Commercial: None_
Yes (describe) retail shop
Residential: Number of dwellings
Duplex Apartments
Date of Structure(s): all predate 7/72 X or
Building Permit Numbers: #1757-#7866-91.#432-08
Previous Zoning Board Application Numbers: #015 -88. #069 -90
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 ATTACHED ADDENDUM)
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: (See authorization email from Max Beery) Owner*
SIGNATURE: Applicant
Jason Bridges
*If an Agent is repr6senting the Owner or the Applicant, please provide a signed proof of agency.
OFFICE USE ONLY
Application received on:—/—/— By: Complete:_ Need Copies:
Filed with Town Clerk.--/—/— Planning Bom :JJ_ Building Dept,-.—/—/— By:_
Fee deposited with Town Treasumr._/J_ By:_ Waiver requested_
Grmted: —/—/_ Hearing notice posted with Town Ckrk:J,_ Mailed:_ /_/_
I&M_/_/_ &_/_/_ Hearings) held oa_/J_ Opened on
Continued to: —/—/_ Withdrawn:_/ _/_ Decision Due By:_/_/_
Made:_/ —/_ Filed w /Town Clerk: _/_/_ Mailed:_/_/_
2 Fairgrounds Road Nantucket Massachusetts 02554
508 -228 -7215 telephone 508 -228 -7298 facsimile
Linda Williams
From:
max berry <maxnberry@me.com>
Sent:
Sunday, March 16, 201410:12 AM
To:
czarinalinda @comcastnet
Cc:
jason@nantucketbybike.com
Subject:
15 Washington Street
Dear Ms. Williams
I have authorized Jason Bridges to represent me, as owner of 15 Washington Street, to appear before the ZBA
to seek a minor modification to the zoning rules to allow a business to serve coffee, soft drinks and
accompanying food, such as muffins, sweet rolls, sandwiches. Mr. Bridges will speak before the Board this
Monday and explain this request in more detail. This email is to alert you and the members of the ZBA that I
have given Mr. Bridges my endorsement to pursue this zoning modification.
Should you have any questions, please feel free to call me at 202 - 255 -1445.
Thank you very much for considering this request.
Sincerely yours,
Max N Berry
No virus found in this message.
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TOWN OF NANTUCKET
BOARD OF APPEALS
p4ro.A.a° NANTUCKET, MASSACHUSETTS 02554
Date: December /0 1990
To: Parties in Interest and. Others concerned with the
Deci Sian of the BOARD OF APPEALS in the Application of the
Following:
Application No.: 069 -90
Owner /Applicant: Max Barr, Trustee of Nuffet
Enclosed is the Decision Of the BOARD OF APPEALS which has
this day been filed in the office of the Nantucket Town
Clerk.
An Appeal from this Decision may be taken pursuant to
Section 17 of Chapter 40A, Massachusetts General Lacs.
Any action appealing the Decision Must be brought by
filing an complaint in coot within TWENTY (20) days after
this days date. Notice of the action with a copy of the
complaint and Certified copy Of the Decision most be given
'o the Town Clerk so as to be raceived within spch T(E:TY
(20) days.
C� 1 Cha
CC: Town Clerk
Planning Roar,
Building Commissioner
990 035 1?cl3 11
BOARD OF APPEALS
TOWN OF HANTOCEET
NARTUCEET, MASSACHUSETTS 02554
DECISION:
The BOARD OF APPEAIB at a'PUblic Hearing on Friday, November
16, 1990, at 1:00 p.m. at the Town and County Building,
Nantucket, made the following decision on the Application of MAk
N. BERRY, TRUSTEE of BUFFET REALTY TRUST (069 -90) with an
address of 3213 0 Street, N.W., Washington, D.C. 20007.
1. Applicant seeks a Special Permit under Section
139 -33(A) of the Zoning Code to expand a pro- axistbg, _
non - conforming commercial structure on the promises in
accordance with the plane prepared for the Applicant by D. Neil
Parent, Designer, entitled "Proposed Addition and Renovations at
15 Washington Street- and dated July 20, 1990, draving(fik
U0790498 and a Special Permit under sections 139- 130S)and 139 -20A
Of the Code to waive off - street parking and loading
reguiremente. The premises era located at 15 WASHINGTON STREET,
ASSESSOR'S PARCEL 4231 -099, and Zoned RESIDENTIAL- COmtffiiC2AL.
2. Our findings are based upon the application papers,
correspondence, plans, representations and testimony received at
our hearings on October 19, 1990 and November 16, 1990. The
Premises are situated in the Residential - Commercial Zoning
Page Onc
100K r�`� ?AC[3. V
District which requires a minimum lot size of 5,000 square feet,
minimum frontage of 40 feet, no frontyard setback requirements
and a 5 foot rear and side setback requirement. Allowable
groundcover is 50% for lots of 5,000 square feet or greater, and
]O% for lots less than 5,000 square feet. The smbject lot
contains 3,944 square feet and the existing commercial structure
on the lot covers 471 square feet. The existing groundcover is
16%. The Premises are non - conforming as to minimum lot size
requirements and sideline setback requirements. The Scard has
determined that the subject lot retained its separate status for
zoning purposes with a validly non - conforming commercial
building. See Board of Appeals Decision No_. 015 -88.
The commercial building on the Premises has been used at
various times as an antique shop, jewelry store, and lamp shop.
The Applicant seeks to expand the commercial structure on the
Premises to the rear of the lot as shove on the plans as filed.
The proposed addition to the structure will increase the
groundcover from 471 square feet to e50 - square Ieet and the
proposed new grcutdcover ratio will be 38.8%. The proposed
addition to the strueturs will comply with all setback
requirements. Off- street parking requirements for the proposed
expansion to 850 square feet of retail space require four (4)
spaces. In addition, one (1) off- street parking space is
required for employees. The proposed addition to the structure
will include additional retail space on the ground floor and
Page Tvo
B00N035 ! I.(E 32
approximately 380 square feet of storage space on the second
floor. In addition, the Applicant proposes to provide a
handicap ramp on the premises as shown on the submitted plans
and an off- street parking area 25 feet, 6 inches wide and 20
feet in length.
A private deed restriction prohibits the sale of food and
alcohol on the premises; this deed restriction is recorded in
Book 180, Page 184 at the Nantucket Registry of Deed.. The
Applicant agrees to make this restriction a condition of the
Board's Special Permit relief. In addition, the Applicant
agrees to limit the use of the promises to one (1) commercial
use and to limit further this use to an office or retail use
Which does not generate a high volume of foot and vehicular
traffic, i.e., an antique shop mr specialty shop which is in
harmony with the commercial use of the Premises over the past
ten (10) years. The Applicant also seeks a Special Permit
waiving full compliance with off - street, parking requirements
pursuant to Section 139 -ISB of the By -Iaw, the screening
requirements at forth in Section 139 -19A of the Sy -Iaw and the
off - street loading facility required by Section 139 -20A of Ne
By -law.
3. we find that the Applicant's proposed expansion of the
commercial building will be in harmony with the intent and
Purpose of the ey -Iaw and will not be substantially more
detrimental to the neighborhood than the existing commercial use
Page Three
m0357iA33
of the Premises if the Applicant complies with the conditions to
this grant of Special Permit relief set forth below.
a. For the reasons set forth herein, the Board, by UNANIMOUS
vote, hereby GRANTS the requested SPECIAL PERMIT so as to allow the
expansion of the commercial structure on the Premises, including in
Such grant of relief a waiver or off - street parking requirements,
screening requirements, and off- street loading facilities, upon the
fallow ing express conditions:
A. The proposed expansion to the commercial structure shall be
constructed in substantial conformity with the submitted plans
(Exhibit "A" attached hereto) and with all necessary local, state
and federal permits:
B. No food or alcohol shall be served Or sold from the
Premi sea:
C. The use of the structure on the Premises shall be limited
to one ({) commercial or residential use at any given time and such
commercial use shall be limited to an office or retail use which
does not generate intense foot or vehicular traffic, i.e., antique
.shop, jewelry shop Or specialty shop; and
O. The Applicant shall provide a 35 root, 6 inch vide ty10
foot long Off- street parking area on the Premises, and no screening
Of such parking area nor construction of an off - street loading
facility on the Premises shall be required.
Dated: December /O, {ggO
A
Linda F. williame
Page Four
(069 -90) mVUtJl116FW1
William R. Sherman
C. Marshall Beale
-- /ter
Ann Balaa
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5y ?0U Town of Nantucket
Zoning Board of Appeals
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
PROPERTY OWNER ....
�5?RiZJ.....?X.......).... � .....................
MAILING ADDRESS ..........
Z��... /:J{.,., ,�Z.,P1 /.Ni!t......�......
PROPERTY LOCATION .... 1J. ......
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ASSESSOR MAP /PARCEL.... /..d? .�......... %`�
SUBMITTED BY..... •- 'spy..... c.c fJ ........... ...............................
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 I l and Zoning Code Chapter 40A, Section 139 -29B
(2).
DATE
ASSESSOR'S OFFICE
TOWN OF NANTUCKET
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=`1'PPOgA40�61 TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 0255 .
Date: Aoril 29, 2014
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 025 -14
Owner /Applicant: Max N. Berry, Trustee of the Harry
Revocable I Realty. Revocable, Trust, as Owner,and
Jason Bridges, 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.
eG Z
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.
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 42.3.1, Parcel 99 Book 1204, Page 160
15 Washington Street No Plan
Commercial Downtown (CDT)
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals, held on Thursday, April
10, 2014, at 12:00 P.M., held at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made
the following Decision on the Application of Max N. Berry Trustee of the Berry Revocable
Realty Trust, Owner, and Jason Bridges, Lessee, with an address of 2716 Chesapeake Street,
NW Washington DC 20008, and PO Box 3247, Nantucket, Massachusetts 02584, respectively,
Board of Appeals File No. 025 -14:
2. Applicant (Bridges, lessee) is seeking a Modification of Special Permit relief that was
granted in Zoning Board of Appeals Decision 069 -90 ( "Decision") in which relief was granted
waiving the off - street loading zone, parking and screening requirements and which allowed,
pursuant to Zoning By -law Section 139 -33A, the construction of an addition to the rear of the
structure that would comply with all setback requirements. The Decision contained Condition
°B" which stated "No food or alcohol shall be served or sold from the Premises ". Applicant is
now seeking to Modify said condition to convert the first floor use to a coffee shop, with
prepackaged foods that will be prepared off site. The space would include tables and chairs, for
use by take -out patrons on the exterior rear patio and interior floor space, with no table service.
The second floor would be used for ancillary office use and storage of goods and materials
related to the first floor use. The property is situated within the Commercial- Downtown zoning
district which encompasses the commercial district of the downtown area. Restaurants/take -out
food establishments are allowed as a matter of right without the necessity for further special
permit relief. The ancillary office space proposed on the second floor, with the storage of
ancillary goods and materials related to the first floor use already allowed in the Decision, is also
a use allowed as a matter right. The Locus is situated at 15 Washington Street, is shown on
Nantucket Tax Assessor's Map 42.3.1, Parcel 99, and evidence of owner's title is recorded in
Book 1204, Page 160. The property is zoned Commercial Downtown (CDT).
At the time of the prior application, the property was sited within the Residential -
Commercial district and, as such, necessitated a waiver of the loading zone and parking
requirements. The lot was subsequently placed in the Commercial - Downtown district. Moreover,
the loading zone and parking requirements for lots situated within the CDT were eliminated with
the unanimous passage of Article 62 at the 2014 Annual Town Meeting. Therefore, the Locus is
now conforming in all respects due to the change in zoning from Residential- Commercial to
Commercial- Downtown and to the passage of Article 62.
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. Written and verbal testimony was
received from one abutter that expressed concerns primarily about traffic and parking.
4. Applicant Bridges presented his proposal to the Board, as described above in Paragraph
2. Ancillary to the coffee shop (restaurant/take -out), applicant proposes to host various
educational meetings, as the space will be equipped with a multi -media center. Such gatherings
would take place when the shop is primarily closed to the public and primarily in the off - season
months. Furthermore, with the aforementioned elimination of parking requirements in the CDT
by the approval of Article 62, no additional relief would be necessary.
5. Applicant also owns and operates Nantucket Bike Tours which is open primarily during
the summer months. He proposes to continue to operate the business from an off -site location,
with a majority of the contact by phone and the internet. However, he may return the bike tours
to the subject location at the end of the rides and stack the bikes in the rear and then load the
bikes into the truck to return them to the off -site location. Should the ability to store the bikes
and start the bike tours from the off -site location be eliminated, Applicant intends to initiate the
tours from the site. Such a use is considered a "personal service" and is allowed as a matter or
right without further special permit relief in the CDT.
6. Based upon the foregoing, the ZBA finds that the uses proposed are allowed as a matter
of right and that no additional off -street parking or loading zone are required. The lot is situated
within the heavily developed commercial area of the downtown district and the uses are
consistent with the other uses in the area. Therefore, the elimination of Condition `B" of
Decision No. 069 -90 would comply with the general purpose and intent of the Zoning By -law.
The Modification to eliminate the prohibition as stated in Condition `B° would not create a
situation that would be a detriment to the neighborhood.
The Board also found that the 1990 Special Permit was issued while the Locus was in the
Residential- Commercial district. Since that time, the Commercial- Downtown zoning district was
created and extended to include the area in which the lot is located. The RC district entailed a
mixture of um- prioritized residential and commercial uses, whereas the CDT is a commercial
district in which commercial uses are a priority. Town Meeting approval to include the area in
the CDT establishes that all the uses allowed and standards that apply in the CDT are
acceptable. Therefore, it would be unwarranted to continue to subject this Owner and Applicant
to restrictions that do not apply to other conforming lots and uses.
7. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board of Appeals
GRANTS the requested Modification of the SPECIAL PERMIT relief granted in the ZBA
Decision in 069 -90 to eliminate Condition `B" contained therein, in order to allow food and
beverage service on the property in conjunction with the coffee shop use, with ancillary office
and storage on the second floor and interior and exterior seating.
SIGNATURE PAGE TO FOLLOW
Assessor's Map 42.3.1, Parcel 99
15 Washington Street
Commercial Downtown (CDT)
Dated: t ?-1,2014
Book 1204, Page 160
No Plan
b " 1l'I,,,/
'chael J O'Mara
Kemp Koseatac
Cit/1� /kc, ��tKY'ku
Susan McCarthy
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss
On the �H —day of Ai rt ( ?riL 2014, before me, the undersigned notary public,
personally appeared avfc_- paD , one of the above -named
members of the Zoning Board of Appeals of Nantucket, Massachusetts, personally known to me
to be the person whose name is signed on the preceding document, and acknowledged that he
signed the foregoing instrument voluntarily for the purposes therein expressed.
Notafy Public: LYNELL D. VOLLANS
"My Commission EEGs: Notary Public
Commonwealth of Mossachuscth
4� My Commission Expires
Deoember 28, 2018