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HomeMy WebLinkAbout052-851 11 V ()\VN OF NANTUCKET 0 -kRD OF APPEALS T ,. oHaz � i�AiV I t.'CKET, MASSACHUSETTS 02554 July 5, 1985 R•_ MARK ARNOLD AND PAULA ARNOLD (052 -85) Enclosed, please find notice of a decision of the BOARD OF APPEALS which has this day been filed with the Town Clerk. Anv appeal from this action shall be mode pursuant to Section 17 of Chapter 40A of the General Laws, and shall be filed within twenty (20) days after this date. William R. Sherman, Chairman BOARD OF APPEALS s BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: At a Public Hearing of the BOARD OF APPEALS held on FRIDAY, JUNE 211 1985 at 1:30 p.m. in the Town and County Building, Nantucket, in the matter of the Application of MARK ARNOLD AND PAULA ARNOLD (052 -85) ,ad- dress 149 Lower Orange Street, Nantucket, MA 02554, the Board finds: 1. Applicants seek a SPECIAL PERMIT to provide an "Employer Dorm- itory" in the addition to their restaurant building (known as "F000d for Here and There ") currently under construction. By -Law SECTION 139 -22H applies to this use in all districts including the RESIDENTIAL - COMMERCIAL in which the premises are located: 147 LOWER ORANGE STREET, Lot 9, Plan Book 20, Page 75. Relief under Section 139 -27 (Rate of Development) is asked, if necessary. 2. Based upon the Application papers, an HDC site plan offered at the hearing, together with representations and testimony, it appears that the second story of the restaurant addition will include Applicants' small office, plus a 12'x19' room with kitchenette and adjoining 6'x8' bathroom. The latter are proposed for use by a single employee of Appli- cants' business both to provide housing and also to enhance security and discourage restaurant break -ins off hours. The occupant is likely to be a key year -round employee for when alternative housing is in short supply. 3. No opposition was heard and the Planning Board gave a favora- ble recommendation of the employer dormitory. 4. Our reading of the Section 139 -2 definition of "Employer Dorm- would include Applicants' one -room "efficiency ", although not illy within the connotation of "dormitory ". It would serve the pur- pose intended by the By -Law Section 139 -22H. Town Counsel's opinion let- ter of November 19, 1984, places Employer Dormitories outside the Build- ing Cap Section 139 -27. Hence, no relief from the Cap is needed. a 5. Applicants are found to provide off - street parking spaces re- quired by Section 139 -18. Substantial compliance with the scree-rIN (052 -85) -2- requirements of Iubsection F will be achieved by our .,onditioninz relief upon Applicants' restricting off - street parking to spaces inward fro7 the restaurant structure away from the street, e.4., as she „n on the HDC site plan. Scree ning along Lower Orange Street •ould be unsafe by obscuring vision and may not be required in any event. The proposed em- ployer dormitory use would be in harmony with the general purpose and intent of the zoning chapter, the noted condition further assuring this by discouraging backing onto the street. 6. Accordingly, by UNANIMOUS vote, Applicants are GRANTED the re- quested SPECIAL PERMIT under SECTION 139 -22H subject to the noted con- dition with respect to parking. Dated: July 5, 1985 Nantucket, MA 02554 William R. Sherman 7_6-� Dorothy D. Vollans C_1� "l �. C. Marshall Beale • r NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, .JUNE 21, 1985 at 1:30 p.m. in the TOWN AND COUNTY BUILD- ING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of MARK ARNOLD AND PAULA ARNOLD (052 -85) seeking a SPECIAL PER- MIT under SECTION 6F 8 (codified as Section 139 -22H, Employer Dormitory) of the Zoning By- Law, also relief under SECTION 7C (codified as Section 139 -27, Rate of Develop ment or Building Cap) to the extent necessary. If granted, Applicants would be able to provide a 12'x19' one -room employer dormitory in the addition to "F000d for Here and There." The property is located at 147 LOWER ORANGE STREET, LOT NO. 9, PLAN BOOK 20, PAGE 75 and is zoned RESIDENTIAL,- COMMERCIAL. a,`ad/° M fix �7. re William R. Sherman, Chairman BOARD OF APPEALS FEE $100.00 Case No.� I APPLICATION TO THE BOARD OF APPEALS Nantucket, Massachuset.: ,T,o the Members of the Board of Appeals: The undersigned hereby applies for relief from the terms ct BY -T,AW) (BU'._LDINC CODE) on property described below: j,ccation of Property 1 4747 mow.. ©rang treet Lot No. 9 Plan No. P1. Bk. 20 Pg 75 W.trict is zoned for RC Type of structure(Existing or Proposed) or proposed use: _ Name Mark and Paula Arnold Ow,ler' s Address__ 49 Lower Orange ;; tdh �n did y�,u acquire this property? 1979 ,, IIas application been filed at Building Department? des ,]as any previous appeal been made? no Section of By -Law or Code from which relief is requested: re: 139 -27.. Reason for asking relief: ToTrovide an empi n)7Pr dnrmi tort' (one room 19' x 12' Tytjth kitrhenPfte• hnthrnnm 61Y81) in the girlitinn to Pnnnrl For Here anriTbp -rp currently under cnnstru ti on _ Si naturErV aro is nt d _ AT'T'ACH: (1) A list of the names and address s of each abutting owner and owner abutting the abutters, and owners within 300 feet. (2) A check in the amount of $100.00 made payable to the T3,an of Nantucket. (3) Four copies of the application and a map or plan showing the location of the property to be considered. ,(4) If the applicant is other than the owner, please indicate your authority to make this application. BOARD'S DECISION , Application submitted to Board Advertising dates _ Hearing date(s) _ Decision of Board Decision filed with the Town Clerk Town of Nantucket Board of Appeals List of parties in interest in the matter of the petition of Name Mark D. and Paula E. Arnold Address 14 Dennis, Dr., Nantucket. MA Property 147 Lower Orange St. (F000d for Here and There) Address Parcel 59 60 611 61 62 150 151 152 153 154 155 156, 287, 288, :3i .Z Owner Town of Nantucet LuAnn DeGenaro Patricia M. English Joseph Burrows Albert & Helen Ottison Ryder Realty Trust Ryder & Medeiros Tru Cecilia Dauphine Richard Lobo, Jr. Ines B. Eustache Winny H. Reynolds Est. of Sabina Roderick J.L.& Donna M. Fox David. 0. Cowles / l v Address Nantucket 346 Riverside Ave. Riverside, CT 06878 Helens Dr. Nantucket 480 Adam St. Milton, MA 02186 160 L. Orange St. Nantucket 141 Orange St. Nantucket P.O. Box 5, Dave St. Nantucket 3 Dave St. Nantucket P.O. 160 Nantucket 48 7th St. r New Bedofrd, MA 02740 153 Orange St. Nantucket 149 Orange St. Nantucket 158. Robt. R. Reed et al. Box 221 159 Nantucket 160 Earl R. & Jean M. Muir 122 Pleasant St. Nantucket 161, Willie Home Dave St. 162, Nantucket 163, 164 165 Demosthenes A. Marken, Tru. 13 W. Creek Rd. MAP Realty Trust Nantucket 166 Kathleen M. McGrady 1I W. Creek Rd. Nantucket 167 Daniel J. Slosek & 39 Westrock Rd. Maryellen J. Sloset Northboro, MA 01532 168 Mary Ann Kane 3A Raymond Pl. Danbury, CT 065 10 169 Malcolm E. MacDonald,Tr. 169 Gifford St. Land Trust Falmouth, MA 02541 170 Ronald K. Bamber Trotts Hills Nantucket 171 Ethel L. Fisher 161 Orange St. (life tenant) Nantucket 172. Maxwell T. Ryder 4 & 6 W. Creek Rd. 173 Nantucket 174, Leroy F. Ryder & 10 W. Creek Rd. 175 Nellie A. Ryder Nantucket 176 B & G Properties 35 Centre St. R.K. Bomber & M. Graham Nantucket 268 Sherburne Assoc. 0 Main St. Nantucket 269.1, Sherburne Assoc. c/o Pacific Nat'l Bank Nantucket 269.2 Pacific Nat'l Bank Main St. Nantucket 289 Benjamin H. Stone & 121 Boylston St. Frances S. stone Watertown. MA 02172 1 certify the foregoing is s list of persons who are owners of land shutting the property. owners of land abutting the abutters, owners of tend directly opposite the property on any street or Nay and on the most rarest appticatite TAX owners of land within 300 feet of the property. all as they appear list. Assessor Date Town of Nantucket -) ( VARIABLE WIDTH) r �t � Ci � -.fin,• �: X21' W S 370 12' .. ' CB.Fnd, 13E 99.74 185 = 33.41 -19'96 _ CRa Fnd. �A. '25.92, 1 X56 - Z Wen O p _ a o M oQJs� of n 'f — m C( art --ev 0: J U ff3 J _J W t0 >- Q N 3 N '� N & W u %,, ,, H F-nd W r Y ! r I Fes,, 110 �<q� N 44 < =� , : LOT 9 M ' Told Aeo =12 W34ft - // �� v or 0.279 Ac. t Am L m EONfft M = 4. a co 10,020 Sq. ft - / a� Q or 0.230 AG ± M v 0 �$ y 3495 Sq.ft.± `• "� N 28° S98,99 to ac. �` 50.41 r r �= a d a K a _ =a S as = J � L - R 0 a Z r- I