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Home My WebLink About020-14 16A Amelia DriveFee: $300.00 MAR 1 11014 BY.•___ TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION RECEIVED i4 P9R 31 F ". ? 25 TOS711 CLERK File No.—Z"Y Owner's name(s): Erin M. Lemberg, Trustee of the 16 Amelia Drive Realty Trust Mailing address: 27 Evergreen Way, Nantucket, MA 02554 Phone Number: 508- 228 -0771 E -Mail: John @gliddenandglidden.com Applicant's name(s): Pout La Table, LLC Mailing Address: 53 PocMck Avenue, Nantucket, MA 02554 Phone Number: 508 - 228 - 0771 E -Mail: John @gliddm=dgliddm.com Locus Address: 16A Ameha Drive Assessor's Map /Parcel: 67/441.1 Book a - -, -age/Plan File No.: 2008 -48 Deed Reference /^--`tea- a°a--- efTT.a'•' -: Book 1027, Page 239 Zoning District CN Uses on Lot- Commercial: Yes (describe) Office and Retail Residential: Number of dwellings: Duplex Apartments 2 Date of Structure(s): Building Permit Numbers: Previous Zoning Board Application Numbers: None State below or attach a separate addendum of specific special permits or variance relief applying for. I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: Owner* SIGNATURE: A PIX99 Attomey /Agent* *If an Attorney or other Agent is representing the Owner or the Applicant, please provide a signed proof of agency. OFFICE USE ONLY Application received on:—/—/— By:_ Complete:_ Need Copies:_ Filed with Town Clerk.-_/J_ Planning Boatd:_ /J_ Budding Dept,;—/—/— By:_ Fee deposited with Town Treasurer:—LL By:_ Waiver requested:_ Gtanted:_ /_/_ Hearing notice posted with Town Clerk: /—/— Mailed:_/_ /_ Hearing(s) held on:—/—/— Opened Continued to:—/—/— Withdrawn:—/—j— Derision Due By:_ /,_/_ Made.—/—/— Filed w /Town Clerk:—J--/— Mailed:--/—/— Exhibit A Applicant, Pour La Table, LLC is requesting Special Permit relief from the Zoning Board of Appeals pursuant to Nantucket Zoning Bylaw Section 139 -30(a) (Special Permits) to use the Premises (16A Amelia Drive — Unit A of the 16 Amelia Drive Condominium) for alcohol sales, which use is allowed by Special Permit in the Commercial Neighborhood (CN) zoning district. The Applicant is also requesting Special Permit relief pursuant to Section 139-18B.(2)' (parking waiver) in order to waive one (1) parking space. The Applicant further requests Site Plan review pursuant to Section 139- 23.E.(2). Finally, to the extent necessary, the Applicant is also requesting a waiver of the loading zone requirement pursuant to Section 139 -20.0 and the open space requirement in Section 139- 16.E.(1). Overview The Applicant intends to open a small - scale, high -end specialty wine and cheese shop at 16A Amelia Drive. The layout of the proposed store is shown on document attached hereto as "Exhibit B." As identified in the Master Deed in Book 1027, Page 252 recorded at the Nantucket Registry of Deeds, there is only 434 +/- square feet of finished space on the first floor of Unit A and 298 +/- square feet of storage area in the basement. Therefore, the total square footage of 16A Amelia Drive is only 732 +/- square feet. As a practical matter, such a small store lends itself to selling higher -end products in order to be economically viable. While the business will be engaged in retail sales and alcohol sales, it is not intended to be a large volume package store. Retail sales are allowed as a matter of right in the CN zoning district and alcohol sales are allowed by Special Permit. The CN district of Amelia Drive has been identified as a commercial node in the Town's 2009 Master Plan. Accordingly, these commercial nodes are intended to foster commercial uses instead of the traditional mixed -use zoning that allowed both commercial and residential uses. Because 16A Amelia Drive is in the CN zoning district and has neighboring commercial uses, a Special Permit allowing the use of alcohol sales on the Locus is in harmony with the purpose and intent of the Zoning Bylaw. I Note that 139 - 183.2 is proposed to be revised per Article 62 at the 2014 Annual Town Meeting and replaced with 139- 18.D.2, which is identical in both form and substance of 139 - 18.13.2. At the time of this application, Town Meeting has not yet occurred. Parking The Applicant is requesting a parking waiver of one (1) space for the proposed use pursuant to Section 139- 18.B.(2). Set forth below is the parking calculation for a retail store with three (3) employees working at peak shift: Proposed Required Total 732 +/- sf of retail space 1 space for every 200 sf 4 3 employees 1 space for every 3 employees 1 5 Per the First Amendment to Master Deed recorded in Book 1185, Page 42, Unit A is allocated four (4) spaces (Spaces 3, 4, 16, and 17 as shown on Plan No. 200848, attached hereto as "Exhibit C "). Therefore, the Applicant is requesting a waiver of one (1) parking space. A parking waiver of one (1) space is appropriate in this instance because the basement, which consists of 298 +/- sf of the total retail space, is purely storage and is not open to the public. As such, the requested waiver of one (1) parking space is in harmony with the purpose and intent of the Bylaw. Furthermore, over the past 20 years, the Zoning Board of Appeals has granted parking waivers for neighboring businesses on Amelia Drive (see: ZBA Decision Nos. 073 -95; and 069 -07). Given the derdmimis request to have only one (1) space waived and the small -scale nature of the business, waiving the required parking space would be in harmony with the purpose and intent of the Bylaw. Loading Zone Pursuant to Article 62 of the Annual Town Meeting, loading zones are required on a case -by -case basis as the Special Permit granting authority deems fit. In the event that Article 62 does not pass at Town Meeting, the Applicant is nonetheless requesting a waiver of the required loading zone pursuant to 139 -20.C. As mentioned, the business model of the Applicant's store does not lend itself to high- volume sales because of the limited retail space, as well as limited storage space. Therefore, it is not expected that large delivery trucks will be delivering merchandise. Accordingly, the Applicant is requesting a waiver of the loading zone requirement because of the constraints of the parking area on the lot and the small -scale nature of the business. The Board of Appeals has waived loading zone requirements for other businesses on Amelia Drive (see: ZBA Decision No. 073 -95) and waiving such a loading zone would be in harmony with the purpose and intent of the Bylaw. Open Space To the extent necessary, the Applicant is requesting a waiver of the required open space requirement pursuant to Section 139- 16.E.(1). There have been other commercial uses in the buildings that have not required relief for any open space requirements. Nonetheless, to the extent necessary, the Applicant is requesting a waiver of the required open space requirement. Site Plan Review The Applicant is also requesting Site Plan review pursuant to Section 139 - 23.E.(2). Conclusion The waivers and Special Permits requested by the Applicant are in harmony with the purpose and intent of the Zoning Bylaw because of the commercial neighborhood in which the Locus is situated and the size of the business proposed. The business and uses thereon are inherently limited by the size of the retail and storage areas. Such a small - scale, high -end store is the type of establishment that would foster a symbiotic relationship with the other businesses on Amelia Drive. rlprlit F�rLoog LEVEL A., s7:�Mi rr LWEL . . ° \[\[ / ! $| | \\$I'q 1 (1/) �»\� $!� )§ ƒ I d @- |[ . � 0 3g Town of Nantucket Zoning Board of Appeals RECEIVED BOARD OF ASSESSORS MAR 0 3 2014 TOWN OF NANTUCKET, MA LIST OF PARTIES IN INT EpQRrrE1�S""T IN THE MATTER OF THE PETITION OF: PROPERTY OWNER ......5/1.17.�... P " MAILING ADDRESS............., A... ..r�l. IU,b US kvlI ........... I ......I.....I......1\ I' PROPERTY LOCATION...... LIA..q.... J.N.'1h ?' /��... )A fl. k ......................... ASSESSOR MAP /PARCEL.....II.....I...."°.�. (- 4...JqI.I J ..�I ... ... ....... ... ..... ... SUBMITTED BY .............. b.4t bn.t..�.l!4!tl ..c... 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 l I and Zoning Code Chapter 40A, Section 139 -29B (2). DA 'Tg ASSESSOR'S OFFICE TOWN OF NANTUCKET moon =' $$ C5 §CC4455C!Smep.s��00000ffio %a�wa R3� =; 4�� 11 m e 4134444444444444 €444444444444444'4444444444€ 8 nrG�eBn��°4R'g� w3�a:�smR "° $�Rma$q "aka° NnnSESS SSSSuwn sw"w"nn�SY.ni w��m'.°iSn o 4 an wmnS M C1 S mm 67 ' RULEY MARGARET ANN 14 CROTON PLACE IVINGTON, NY 10533 67 RULEY CATHERINE 100 SARATOGA AVE BURLINGTON, VT 05401 67 ATKINS ROSEMARY R & VERNARD B 751 NOE STREET SAN FRANCISCO, CA 94114 67 RULEY ROBERT E & MARGARET M PO BOX 703 NANTUCKET, MA 02554 67 STACKPOLE JOHN I TR LYNVIC REAL ESTATE TRUST PO BOX 398 NANTUCKET, MA 02554 67 THURSTON SUSAN E PO BOX 405 NANTUCKET, MA 02554 67 SANTOS PATRICIA PO BOX 2150 NANTUCKET, MA 02584 67 MCINTOSH KATHLEEN 9 ARLINGTON ROAD NATICK, MA 01760 67 SANTOS WILLIAM F PO BOX 2714 NANTUCKET, MA 02584 67 BROWN WILLIAM A C/O GEORGE FIELD EXECUTOR VERRILL DANA LLP 1 BOSTON PLACE #2330 BOSTON, MA 02108 67 BARRETT ROY K PO BOX 35 NANTUCKET, MA 02554 67 HOFFORD GREGG & CATHERINE IRS 6 MILESTONE CROSSING NANTUCKET, MA 02554 67 MINER MICHAEL MARK TRUSTEE ACCESSIBLE DENTAL NOMINEE TR 15 AMELIA DR NANTUCKET, MA 02554 67 LEMBERG SON & DAUGHTER LLC 15 WILLAIMS ST NANTUCKET, MA 02554 67 FLEISCHUT MICHAEL T & JORDANA K 13A AMELIA DR NANTUCKET, MA 02554 67 WILLIAMS TRUDY 13 B AMELIA DRIVE NANTUCKET, MA 02554 67 LEMBERG SON & DAUGHTER LLC 53 POCHICK AV NANTUCKET, MA 02554 67 DAVIS ROY M & SUSAN E NIXON 11 AMELIA DR NANTUCKET, MA 02554 67 COOK RALPH 1 JR TRUSTEE C/O ARTISTS ASSOCIATION OF PO BOX 1104 NANTUCKET, MA 02554 67 BROWN WILLIAM GEORGE FIELD EXECUTOR VERRI L DANA LLP 1 BOSTON PLACE #2330 BOSTON, MA 02108 67 AMELIA LIMITED PARTNERSHIP 15BAYBERRYLANE NANTUCKET, MA 02554 67 NEW ENGLAND DEVELOPMENT NIS 1 WELLS AVE NEWTON, MA 02459 67 FRAZIER J PEPPER TR 95A WASHINGTON ST NANTUCKET, MA 02554 67 SWEET MANGO INC 14A AMELIA DR UNIT 1 NANTUCKET, MA 02554 67 BROOKS RICHARD H & SUSAN G TRST ONE BROOKS FARM RD TRUST PO BOX 419 NANTUCKET, MA 02554 67 KELLY THOMAS POBOX20 SIASCONSET, MA 02564 67 12 AMELIA DRIVE LLC 14 DUKES RD NANTUCKET, MA 02554 67 67 67 PO BOX THOMAS 7 VTT NANTUKCET LLC 12 AMELIA DRIVE LLC PO BOX S C/O 100 CONCORD ST 2ND FL C/O HALFORD TOMMY LEE SIASCONSET, MA 02364 FRAMINGHAM, MA 01702 P O BOX 2064 NANTUCKET, MA 02584 67 C VICTORY LLC 4 NORTH WATER STREET NANTUCKET, MA 02554 67 SIMONS BENJAMIN & COOLEY ALISON C/O AUGUST POINT LLC 125 EAST 72ND STREET NEW YORK, NY 10021 67 LOUGHMAN PETER J III 5B PARK Cl NANTUCKET, MA 02554 67 SIMONS BENJAMIN & COOLEY ALISON C/O FOWLER PETER B 12 E AMELIA DRIVE NANTUCKET, MA 02554 67 BARNETTDONNA 12 AMELIA DR UNIT F NANTUCKET, MA 02554 67 10 AMELIA DRIVE LLC C/O NEW ENGLAND DEVELOPMENT ONE WELLS AVENUE NEWTON, MA 02459 67 AMELIA PROPERTIES LTD 266 BEACON ST BOSTON, MA 02116 67 STACKPOLE JOHN J & JOAN W PO BOX 398 NANTUCKET, MA 02554 67 NANTUCKET TOWN OF 16 BROAD ST NANTUCKET, MA 02554 67 NANTUCKET TOWN OF 16HROADST NANTUCKET, MA 02554 68 NICHOLAS SHARON S TRUSTEE OLD ORANGE NOMINEE TRUST 33 OLD SOUTH RD NANTUCKET, MA 02554 68 STACKPOLE JOHN J & JOAN W P O BOX 398 NANTUCKET, MA 02554 68 SKOKANIOANNE PO BOX 2210 NANTUCKET, MA 02584 Print Form RECEIVED 2E14 rRY 27 AID 11 47 NANTUCKET TOWN CLERI TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 File No 20 14 Map67 Pacce1441.1 This agreement to extend the tune limit for the Board of Appeals to make a decision, hold a public hearing, or to take other action concerning the application of. Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the Stare Zoning Act, the Massachusetts General Laws, Applicam(s) /Petitiom r(s) and the Zoning Board of Appeals extend the time limit • For a public hearing on the apphcti. For a written decision • For other action Such application is: O Ao appeal from the decision of any administrative official "% A petition for a special permit O A petition for a variance O Ao extension O A modification The new time limit shall be midnight on September 10, 2014 , which is not earlier than a time limit set by statute or bylaw. The Applicant (s), attomey, or agent for th pplicant represented m be duly authorized to act m this matter for the applicant in ese ting this agee rat waives any tights an the Nantucket Zoning Bylaw and the State Z Act, as de to the tent, hot only to the extent, inconsistent with this agreement. !li(uv Z7 Z/J /�i Effective to of Agceemevt 2 Fairgrounds Road Nantucket Massachusetts 02554 508 -228 -7215 telephone 508 -228 -7298 facsimile T. Clerk Stamp: 8� l NO. Exhibit A — Revised 6.13.14 Applicant, Pour La Table, LLC is requesting Special Permit relief from the Zoning Board of Appeals pursuant to Nantucket Zoning Bylaw Section 139 -30(a) (Special Permits) to use the Premises (16A Amelia Drive — Unit A of the 16 Amelia Drive Condominium) for alcohol sales, which use is allowed by Special Permit in the Commercial Neighborhood (CN) zoning district. The Applicant further requests Site Plan review pursuant to Section 139- 23.E.(2). Overview The Applicant intends to open a small - scale, high -end specialty wine and cheese shop at 16A Amelia Drive. As identified in Plan File No. 2014 -26, there is approximately 1,175 +/- square feet of space in Unit A. However, of this space, only 6161 +/- square feet is on the first floor and can be dedicated to retail. There is also 559 +/- square feet of storage area in the basement, however, per Article 61 of the 2014 Annual Town Meeting, storage areas accessory to retail uses do not require any parking. A revised floor plan is attached hereto as "Exhibit B." As a practical matter, such a small store lends itself to selling higher -end products in order to be economically viable. While the business will be engaged in retail sales and alcohol sales, it is not intended to be a large volume package store. Retail sales are allowed as a matter of right in the CN zoning district and alcohol sales are allowed by Special Permit. The CN district of Amelia Drive has been identified as a commercial node in the Town's 2009 Master Plan. Accordingly, these commercial nodes are intended to foster commercial uses instead of the traditional mixed -use zoning that allowed both commercial and residential uses. Because 16A Amelia Drive is in the CN zoning district and has neighboring commercial uses, a Special Permit allowing the use of alcohol sales on the Locus is in harmony with the purpose and intent of the Zoning Bylaw. Parking The Applicant does not require any parking on the basis as noted in the parking chart below: Proposed Required Total 616 +/- sf of retail space 1 space for every 200 sf 3 3 employees 1 space for every 3 employees 1 4 1 Note: 616 +/- square feet is calculated by adding the original first floor area from the original master 4eod (434 +/- square feet with the 182 +/- square foot addition of "Unit `A' Office" on Plan No,2014,26 Per the First Amendment to Master Deed recorded in Book 1185, Page 42, Unit A is allocated four (4) spaces (Spaces 3, 4, 16, and 17 as shown on Plan No. 2008 -48, attached hereto as "Exhibit C "). The other uses in the 16 Amelia Drive Condominium are as follows: Unit Use Size Spaces Spaces Deeded Required Unit A Retail /Alcohol Sales 4 3, 4, 16, and 17 (4 Total) Unit B Office 616 +/- sf office 4 5, 6, 7, 15, and space; 3 employees 15 (5 Total) Unit C Office 263 +/- sf office 2 8,9,12, and 13 space; 3 employees (4 Total) Unit D Residential 813 +/- sf residential 2 10, 11 (2 Total) space (2 bedrooms) Unit E Residential 786 +/- sf residential 2 1, 2 (2 Total) ( 2 bedrooms) TOTAL 14 17 Site Plan Review The Applicant is also requesting Site Plan review pursuant to Section 139 - 23.E.(2). Conclusion The Special Permit requested by the Applicant is in harmony with the purpose and intent of the Zoning Bylaw because of the commercial neighborhood in which the Locus is situated and the size of the business proposed. The business and uses thereon are inherently limited by the size of the Unit. Such a small - scale, high -end store is the type of establishment that would foster a symbiotic relationship with the other businesses on Amelia Drive. w Q w G Q W Q a J W Q UNIT "B" (2006 -50) UNIT "C" (2006 -50) FIRST FLOOR UNIT "B" (2006 -50) CURRENT OWNERS UNITS A,B,C ERIN LEMBERG, TRUSTEE DEED BOOK 832, PAGE 300 UNIT D ALESIA J. HAMIDEH DEED BOOK 1027, PAGE 289 UNIT E MICHAEL DAGESSE DEED BOOK 1039, PAGE 227 J.MARCKUNGER & ASSOCIATES, INC. JOSEPH MARCKLINGER PROFESSIONAL LAND SURVEYOR P.O.BOX 896 NANTUCKET, MA. 02554 (310) 945 -7054 W Q J CW G Q SECOND FLOOR UNIT "E" AREA = 543 SQ.FT. (2006 -50) AREA ADDITION UNIT "E" = 243 SO.FT. AREA AMENDED UNIT "E" = 786 SQ.FT. UNIT "A" AREA = 732 SQ.FT. (2006 -50) ADDITION AREA "A' = 443 SQ.FT. AREA AMENDED UNIT "A" = 1,175 SQ.FT. ENTRANCE JB A� 9� �O MAIN ENTRANCE BMT DENOTES BASEMENT BR DENOTES BEDROOM U DENOTES UTILITY ROOM B DENOTES BATHROOM K DENOTES KITCHEN S DENOTES STORAGE L DENOTES LAUNDRY D DENOTES DINNING ROOM A MAIN ENTRANCE ADDITION AREA MAIN ENTRANCE 1111up ff nr lies Bk: Pg:0 Page: 0 Doc: PLAN 03128/2014 10:31 AM 0 81 16, 24' SCALE 1 IN.— 8 FT -SEE PLAN 2006 -50 SECOND FLOOR FIRST FLOOR LOWER LEVEL NOT TO SCALE I CERTIFY THAT THIS PLAN FULLY AND ACCURATELY DEPICTS THE LAYOUT, LOCATION, UNIT NUMBER AND DIMENSIONS OF UNITS A & E IN THE "16 AMELIA DRIVE' CONDOMINIUM, AS— BUILT' I CERTIFY THAT THE PROPERTY LINES SHOWN HEREON ARE THE LINES DIVIDING EXISTING OWNERSHIP, AND THE LINES OF STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE STREETS OR WAYS ALREADY ESTABLISHED, AND THAT NO NEW LINES FOR DMSION OF EXISTING OWNERSHIP OR FOR NEW WAYS ARE SHOWN. I CERTIFY THAT THIS PLAN HAS BEEN PREPARED IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS OF THE COMMONWEALTH OF MASSACHUSETTS. DATE gi ixcvPKO SSIONA NO SURVEYOR G•yp w +C 'FLOOR PLANS' UNITS A & E (AMENDED) (NANTUCKET COUNTY) PREPARED FOR: 16 AMELIA DRIVE CONDOMINIUM TRUST MASTER DEED BOOK 1026, PAGE 253 (DATED; .NNE 1, 2006) SCALE 1 IN.= 8 FT NOVEMBER 14, 2012 JANUARY 24, 2014 (REVISED) ASSESSORS MAP 67 PARCEL 441.1 BASEMENT 1L 10: .UNI.7':'A .:1.UNIT 'A::;. STORAGE ;: STORAGE y (ADDITION) :(ADDITION)N UNIT "B" (2006 -50) UNIT "C" (2006 -50) FIRST FLOOR UNIT "B" (2006 -50) CURRENT OWNERS UNITS A,B,C ERIN LEMBERG, TRUSTEE DEED BOOK 832, PAGE 300 UNIT D ALESIA J. HAMIDEH DEED BOOK 1027, PAGE 289 UNIT E MICHAEL DAGESSE DEED BOOK 1039, PAGE 227 J.MARCKUNGER & ASSOCIATES, INC. JOSEPH MARCKLINGER PROFESSIONAL LAND SURVEYOR P.O.BOX 896 NANTUCKET, MA. 02554 (310) 945 -7054 W Q J CW G Q SECOND FLOOR UNIT "E" AREA = 543 SQ.FT. (2006 -50) AREA ADDITION UNIT "E" = 243 SO.FT. AREA AMENDED UNIT "E" = 786 SQ.FT. UNIT "A" AREA = 732 SQ.FT. (2006 -50) ADDITION AREA "A' = 443 SQ.FT. AREA AMENDED UNIT "A" = 1,175 SQ.FT. ENTRANCE JB A� 9� �O MAIN ENTRANCE BMT DENOTES BASEMENT BR DENOTES BEDROOM U DENOTES UTILITY ROOM B DENOTES BATHROOM K DENOTES KITCHEN S DENOTES STORAGE L DENOTES LAUNDRY D DENOTES DINNING ROOM A MAIN ENTRANCE ADDITION AREA MAIN ENTRANCE 1111up ff nr lies Bk: Pg:0 Page: 0 Doc: PLAN 03128/2014 10:31 AM 0 81 16, 24' SCALE 1 IN.— 8 FT -SEE PLAN 2006 -50 SECOND FLOOR FIRST FLOOR LOWER LEVEL NOT TO SCALE I CERTIFY THAT THIS PLAN FULLY AND ACCURATELY DEPICTS THE LAYOUT, LOCATION, UNIT NUMBER AND DIMENSIONS OF UNITS A & E IN THE "16 AMELIA DRIVE' CONDOMINIUM, AS— BUILT' I CERTIFY THAT THE PROPERTY LINES SHOWN HEREON ARE THE LINES DIVIDING EXISTING OWNERSHIP, AND THE LINES OF STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE STREETS OR WAYS ALREADY ESTABLISHED, AND THAT NO NEW LINES FOR DMSION OF EXISTING OWNERSHIP OR FOR NEW WAYS ARE SHOWN. I CERTIFY THAT THIS PLAN HAS BEEN PREPARED IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS OF THE COMMONWEALTH OF MASSACHUSETTS. DATE gi ixcvPKO SSIONA NO SURVEYOR G•yp w +C 'FLOOR PLANS' UNITS A & E (AMENDED) (NANTUCKET COUNTY) PREPARED FOR: 16 AMELIA DRIVE CONDOMINIUM TRUST MASTER DEED BOOK 1026, PAGE 253 (DATED; .NNE 1, 2006) SCALE 1 IN.= 8 FT NOVEMBER 14, 2012 JANUARY 24, 2014 (REVISED) ASSESSORS MAP 67 PARCEL 441.1 pOo 0' pG A i xO� f �O 2 \ A SqN rOS '9ShiO�,\ (gN(Op\ Np F 30 F•y\ NpyNF F� R �A J3F peF'�r FLCFNF RG(FY pp Fm,�pJm Om iz Om�mm < ymomm N 410 Ni ?O N�- O0G12j wy N JN > m D� ONOmNZA 0.,01-N_Ipti mS�ZA rT. yZ D iC., Oj C='T � 2 \ 7(�l ym�D�_H�11 �Oyn< Om + A yCO� p OAtmnp�NZK OpoD Tas A dsg D > �ymy�ND �� ?Z1r 41 DZ m��+2Z1�(1An2 OR aNZ Y VNCN9 a y m�-im AOm pN�Z y Amy D\ SCZC m ~ZF Slla� D ymy Zyym C m ~0 N•yN pcm m mzog . p N N mZ s° oa O PLAN FI�L�E: 30-0 /iTT\ �cymms a� NnOND� I�_TTNZ� b yy yzoa yyZ D NN0� C� Z timzD mCiZO � � N D T D Trr11O11 LLJ wy N JN �oN� pow r m D� om N� D Illiiilll 7(�l ? =�Z ao z + A n o O N Tas A r A D > �� $ o ITT T r N Y 3�rap�TUC�{ -�T�9 , O N H yc�'9'°URAi�O`� TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 025,4 F= � rn 0 n Date: July 18, 2014 .�- '- M To: Parties in Interest and Others concerned with the IJs�ision of The BOARD OF APPEALS in the Application of the following: Application No: 020 -14 Current Owner /Applicant: Erin M. Lemberg, Trustee of the 16 Amelia Drive Realty Trust, as Owner / Pour La Table, LLC, 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. y � 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 67, Parcel 441.1 16A Amelia Drive Commercial Neighborhood DECISION: Book 1027, Page 239 Plan No. 2008 -48 Plan No. 2014 -26 1. The Nantucket Zoning Board of Appeals held a public hearing on July 10, 2014, in the Community Meeting Room at the Public Safety Facility at 4 Fairgrounds Road, Nantucket, Massachusetts, regarding the application of Erin M. Lemberg, Trustee of the 16 Amelia Drive Realty Trust, as Owner, 27 Evergreen Way, Nantucket, MA 02554; Pour La Table, LLC, as Applicant, 53 Pochick Avenue, Nantucket, MA 02554, File No. 020 -14. The Board made the following Decision: 2. Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139 -30.A in order to use the premises for alcohol sales, as allowed by Special Permit in the Commercial Neighborhood (CN) zoning district pursuant to Nantucket Zoning Bylaw Section 139 -7.A. The Applicant further requests Site Plan review pursuant to Nantucket Zoning Bylaw Section 139- 23.E(2). The locus is conforming to all zoning requirements applicable to the CN district. The premises are situated at 16A Amelia Drive, are known as Unit A of the 16 Amelia Drive Condominium, are shown on Nantucket Tax Assessor's Map 67 as Parcel 441.1, as Lot 10 on Plan No. 2008 -48, and on Plan No. 2014 -26. Evidence of owner's title is recorded at Book 1027, Page 239 on file at the Nantucket County Registry of Deeds. The property is zoned Commercial Neighborhood (CN). 3. Our Decision is based upon the application and accompanying materials and representations and testimony received at the public hearing. There was no Planning Board recommendation, on the basis that no matters of planning concern were presented. Letters were received in opposition to the application. Testimony was received at the hearing in opposition to the application. 4. Attorney John B. Brescher represented the applicant at the hearing. Attorney Brescher explained to the Board that the applicant, Pour La Table, LLC, is requesting Special Permit relief in order to open a small -scale, high -end specialty wine and cheese shop at 16A Amelia Drive. Attorney Brescher addressed the written and verbal opposition expressing concerns about parking and traffic congestion associated with a package store business on Amelia Drive. He referred to the revised condominium plans recorded as Plan File No. 2014 -26, showing approximately 1,175 square feet of space in Unit A. However, of this space, only 616 square feet is on the first floor and can be dedicated to retail. There is also 559 square feet of storage area in the basement. Pursuant to Section 139 -18.13, formerly Section 139 -18.D amended by passage of Article 62 of the 2014 Annual Town Meeting, storage areas accessory to retail uses have no parking requirement. The First Amendment to Master Deed, recorded in Book 1185, Page 42, with the Nantucket Registry of Deeds, allocated four (4) spaces (Spaces 3, 4, 16, and 17 as shown on Plan No. 2008 -48) to Unit A. Therefore, the applicant meets the parking requirements of the Nantucket Zoning Bylaw as shown in parking chart below: Proposed Required Total 616 +/- sf of retail space 1 space for every 200 sf 3 3 employees 1 space for every 3 employees 1 4 Attorney Brescher further explained to the Board that as a practical matter, such a small store lends itself to selling higher -end products in order to be economically viable. While the business will be engaged in retail sales of wine, beer, and cheese, it is not intended to be a large volume package store. Retail sales are allowed as a matter of right in the Commercial Neighborhood zoning district and alcohol sales, a form or retail sales, are allowed by Special Permit. In theory, the applicant could operate a retail establishment of similar intensity without the need of Zoning Board of Appeals relief. Therefore, the only issue before the Board of Appeals is whether or not the proposed use of alcohol sales is harmony with the general purpose and intent of the Zoning Bylaw. It is the assertion of the applicant that such a use is compatible with the Commercial Neighborhood zoning district because the Commercial Neighborhood district of Amelia Drive has been identified as a commercial node in the Town's 2009 Master Plan. Accordingly, these commercial nodes are intended to foster commercial uses instead of the traditional mixed -use zoning that allowed both commercial and residential uses to compete for priority. 5. Testimony was received in opposition to this application at the hearing. The testimony from abutters focused on a neighboring commercial establishment with a liquor license in close proximity to the applicant's proposed business and the potential parking and congestion issued associated with a commercial entity that will be operating late at night. The Board suggested limiting the hours of operation as a condition of any Special Permit relief granted. The Board also explained that many of the concerns raised by the abutters were not within the purview of the Board because of the specific relief requested by the applicant. 6. Therefore, because the proposed alcohol sales use is in a zoning district that is primarily commercial in nature, with residential use being a secondary use, the Board made the finding that the Special Permit relief requested by the Applicant is in harmony with the general purpose and intent of the Zoning Bylaw. The business and uses thereon are inherently limited by the size of the Unit. Such a small- scale, high -end store is the type of establishment that would foster a symbiotic relationship with the other businesses and high density (apartment style) residential uses on Amelia Drive. 7. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board GRANTS Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139 -33.A. and 139 - 23.E.(2) subject to the following: a. The hours of operation for the package store shall be 11:00 am — 7:00 pm, Monday — Saturday; 12:00 pm — 6:00 pm on Sunday. b. The premises are approved for retail sales of wine, beer, and cheeses only, as represented by the applicant. No liquor will be sold upon the premises. SIGNATURE PAGE TO FOLLOW Assessor's Map 67, Parcel 441.1 16A Amelia Drive Commercial Neighborhood Dated: rVIl/ IOU 110 1 County of Nantucket, ss Plan No. 2008 -48 Book 1027, Page 239 Mark Poor /0ichael gel r Geoffrey Thayer COMMONWEALTH OF MASSACHUSETTS On the day of ✓ 2014, before me, the undersigned notary public, personally appeared -To C.) �t , 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. A�:� v� Official Si ature and Seal of Notary Public My commission expires: LYNELL D. VOLLANS `.r. Notary Public ;t,� Commonwealth My Commission Expires sem December 28, 2018