HomeMy WebLinkAbout033-85�Nm �
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�-i BOARD OF APPEALS
�gp0RAI NANTUCKET, INIASSACIR. "SET T'S 02554
May 16, 1985
Re: KENNETH W. HOLDGATE, JR. (033 -85)
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 he made pursuant to
Section 17 of Chapter 40A of the General Laws, and shall
be filed within twenty (20) days after this date.
L° 0S 19- H. William R. Sherman, Chairman
�� /(klo'� BOARD OF APPEAL;
TOWN OF NANTUCKET
NANTUCKET, MASSACHUSETTS 02554
DECISION:
The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, MAY 3, 1985
at 1:30 p.m. in the Town and County Building, Nantucket, rendered the
following decision in the Application of KENNETH W. HOLDGATE, JR. (033 -85)
whose address is 8 Vesper Lane, Nantucket.
1. This is an Application for a SPECIAL PERMIT under Zoning By -Law
SECTION 71 (extension of a pre - existing non - conforming use - codified as
Section 139 -33). If granted, Applicant would be allowed to enlarge the pre-
mises known as CHRISTOPHER'S located at 27 FAIRGROUNDS ROAD, Lot 51, Plan
18, Page 96 in the RESIDENTIAL -10 zoning district.
2. Based upon the Application, viewing of the site, representations,
testimony and drawings received at the hearing, it appears that Applicant's
restaurant, lounge and bar is a pre - existing non- conforming use in the R -10
District. Expansion is proposed to enable conformance with State codes
requiring provision for handicapped in bathrooms and entries. The existing
kitchen, enlarged some 11 years ago under_ a Special Permit, will be relo-
cated into the rear addition beyond the new bathrooms.
3. We noted that By -Law Section 6B1 (codified as Section 139 -18A)
still provides that:
"... an enlargement of any buildinr, shall require
provision of off - street parking for the existing
building as if it were newly constructed."
Christopher's now has licensed seating for 180 (60 in each of dining room,
lounge and patio) increased to about 200 with the proposed expansion. We
understand that Applicant has ample room; to provide the required parking
spaces.
4. However, by 1984 amendment of Section 6B6 (codified as Section
139 -18F). Applicant will be required to conform with detailed screeeni.ng
provisions. In doing so, he undertook to emphasize safety considerations
inview of heavy traffic, bikes and children on foot using Fairgrounds Road.
5. The Planning Board took no action. no objection was heard from
abuttors or otherwise.
6. The premises will be enhanced not only for handicap use but also
in sightliness by relocation of the kitchen. Required screening should im-
prove what is visible to tourists and others using Fairgrounds Road.
7. Accordingly, we find that the proposed expansion of Christopher's
is not substantially more detrimental to the neighborhood than the existing
non - conforming use. Expansion of the structure, as proposed, will not extend
to any setback, all remote from the existing structure. The expanded use
will be in harmony with the general purpose and intent of the By -Law pro-
vided the off - street parking and specifically the screening requirements
are met.
8. On that condition, the Board, b, UNANIMOUS vote, GRANTED to Appli-
cant the SPECIAL PERMIT requested.
Dated:May 16, 1985
Nantucket, MA 02554
,"_� i #Ov� Arl)
411;�a / M,-) a,"
William R. Sherman
Andrew J. Leddy
Linda F. Williams
N/
NOTICE
A Public Hearing of the BOARD OF APPEALS will be held on
FRIDAY, MAY 3, 1985 at 1:30 p.m. in the TOWN AND COUNTY BUILDING,
FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of
KENNETH W. HOLDGATE (033 -85) seeking a SPECIAL PERMIT under
SECTION 7I (extension of a pre- existing non - conforming use) of
the Zoning By -Law. If granted, the Applicant would be allowed to
relocate a kitchen and reconstruct it to conform with state codes
in conjunction with installation of handicap bathrooms. The pre-
mises are located at 27 FAIRGROUNDS ROAD, dba CHRISTOPHER'S, LOT
51, PLAN 18, PAGE 96 and is in a RESIDENTIAL -10 Zoning District.
"Z I -�C'u �/7"
Andrew J. Leddy
Acting Chairman
BOARD OF APPEALS
AB--1
FEE ' $100.00 Case Nu. 2334
APPLICATION TO THE BOARD OF A?PEALS
Nantucket, Massach sett
To the Members of the Board of Appeals:
The undersigned hereby applies for .relief from the terms of t.
(ZONING BY -LAW) (BUILDING CODP) on property described below:
Location of Pre` --r. t , J�!L �rs
Lot No. �/ - Plan No.
District is zoned for
Type of structure (Existing or Proposed) or proposed use:
Owner's Name�,,��'� �✓_.�d /al .� i c —.
Owner's
When did you acquire this property ?_ry��
Has application been filed at Bui] ;.ing D:3pa.rtment? ,Ud
Ilas any previous appeal been made. ,lc) _ T
Section of sy-Law or Coda from which relief is requested:
_ Sec %,'v ,� i / �i�'�Q- ,�( -�►� �it /Y'Yt�
Reason for -:,king relief: R
L y L11 -x
�e1 r T i ; .�X 'J T ETA � e c� .D E',1 � i . �.` , �, —, f.• /�- / .S _
e
1.♦ rT i L at T_ _ n s .f�rl _.�a _ iPw r _
Suture of applic ,,,:t
ATTACH: (1) A list of the names and addresses of each abetting r-
and owner abutting the abutters, and owners within 3C,
(2) A check in the amount of $100.00 made payable to t':
of Nantucket.
(3) Four copies of the application and a map or plz.n
the location of the property to be considered.
{4ti If the ap?licant is other than the owner, pleas-- J.na
your authority to make this application.
>OARD'S DECISION
Application submitted to Board -�
Advertising dates
Hearing, date(s)
Decision of : 3oard
Decision filed with the Town Clerk
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TOWN OF NANTUCKET
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