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Home My WebLink About014-86i �y C) TOWN- OF, ;NANTUCKET BOARD OP APPEALS NANTUCKET, TNIASSACHUSETTS 02554 ^ February ILI, 1986 Re: JOHN B. AND COLLEEN ARNO /d /b /a VINCENT'S RESTAURANT (014 -86) 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. William R. Sherman, Chairman BOARD OF APPEALS BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: At a Public Hearing of the BOARD OF APPEALS held on FRIDAY, FEBRU- ARY 7, 1986 at 1:30 p.m. in the Town and County Building, Nantucket, in the matter of the Application of JOHN B. AND COLLEEN ARNO D /B /A VINCENT'S RESTAURANT (014 -86) address 30 Woodlane Road, Lawrenceville, NJ 08648, the Board enters the following Decision and makes the following findings! 1. Applicant seeks a VARIANCE from the side line setback require- ments of Zoning By -Law SECTION 139 -16C. Request for renewal of two prior Special Permits (059 -83 and 083 -85) was withdrawn, apparently obviated by issuance of a foundation building permit. Applicant now proposes to relocate the entire restaurant structure to have a party wall along the north side lot line, with different footprint of same area. The premises are located at 21 SOUTH WATER STREET, Assessor's Parcel 42.4.2 -102, Plan Book 136, Page547 and zoned RESIDENTIAL - COMMERCIAL. 2. Based upon the Application papers including plot, floor and elevation plans dated 16, December 1985 of record, and viewings, testimony, representations and correspondence, we find that Applicants' latest pro- posal offers enhanced safety and handicap convenience. 3. As shown on the plot plan and described in Short and Ford letter of January 7, 1986, a trapezoidal, northerly extension will have a "4- hour" party wall with the Rose and Crown Restaurant. A dangerously narrow gap or alley is eliminated along with exterior wooden stairs to the second - floor dining area. Instead, a fire stair and handicap - accessible toilet are accommodated, as well as needed kitchen extension. 4. The front facade is properly brought to the front lot line, with shallow north -end recess defining separateness from the Rose and Crown. The straight southerly wall would be set off a short varying distance from the southerly side lot line within the required setback pursuant to relief here. At the rear and northeast corner, setback is increased to provide a fenced yard and to limit floor area and ground cover to that previously # (014 -86) -2- permitted. No increase in lawful seating capacity is sought. 5. While in literal reading of Section 139 -18A this different en- largement of the building would require the provision of off - street parking as if newly constructed, the rational of the recent Tavern Restaurant Decision, as interpreted to us by Town Counsel, is applicable. That is, absent an increase in seating or other 139 -181 trigger to higher parking requirement, we are to treat the previously premitted use as grandfathered with respect to off - street parking. Otherwise, our relatively severe current standards might bar the second -floor extension of dining area. 6. We find the requisite uniqueness in this site relative to the R -C zone by reason of the existing building mass to the north of the present gap, and the open lot to the south. The recommendation of the Planning Board and remarks of the Building Inspector were both favorable. By letter dated January 24, 1986, the Planning Board transmitted an amendment to Special Permit (002 -85) of the abuttor Osley's to allow their sharing the proposed 4 -hour masonry fire wall (subject, of course, to a corresponding Variance from this Board). No opposition was heard. 7. We find that literal enforcement of the side line setback re- quirements would involve substantial hardship, financial and otherwise, to Applicants, linked to further delay, design expense and restrictions, serving not to promote the general welfare but to keep the hazardous north- erly gap. The requested Variance relief may be granted without substantial detriment to the public good and without substantially derogating from the intent or purpose of the Zoning By -Law chapter. 8. To the extent that relief previously granted pursuant to Appli- cation 083 -85 is inconsistent with relief here, the relief here granted shall have precedence. The 083 -85 Special Permit is tacitly conditioned (as necessary to this Board's juridiction) on Applicants' proposal not qualifying as a Major Commercial Development, e.g., by reason of legal occupancy exceeding 100. 9. Accordingly, this Board by UNANIMOUS vote hereby GRANTS to Applicants the requested VARIANCE to alter and extend the structure in 1014-86) -3- substantial conformance with the referenced plans. Dated: February 1q, 1986 Nantucket, MA 02554 William R. Sherman r-ew Andrew J. Leddy L nda F. Williams /y- 0 NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, FEBRUARY 7, 1986 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Applica- tion of JOHN B. AND COLLEEN ARNO (014 -86) seeking renewal and modification of two SPECIAL PERMITS (059 -83 dated February 10, 1984) and (083 -85 dated September 20, 1985) and if needed, a further SPECIAL PERMIT under By -Law SECTION 139 -33 (or a VARIANCE from side line setback requirements of SECTION 139 -16). If granted, Applicants propose joining VINCENT'S RESTAURANT with the Ros° and Crown by a "party wall ", the northerly extension of Vincent's to accommodate additional kitchen area, fire stairway to the expanded second floor, handicap - accessible toilets, with prior waiver of parking continued. The premises are located at 21 SOUTH WATER STREET, LOT 102, TAX MAP 42.4.2, PLAN BOOK 136, PAGE 547 and zoned RESIDENTIAL - COMMERCIAL. William R. Sherman, Chairman BOARD OF APPEALS '.B- 1 y FEE $100.00 Case No. C9 r46' APPLICATION TO THE BOARD OF APPEALS 3'o Nantucket, Massachuset'^ : L. Members of the Board of Appe,31S: The undersigned hereby applies for relief- from the terms of BY -,,AW) (BUILDING CODE) on proner::y described below: Lccation of .L�t'GpP,rty S Water St PPr__Naniucl�et,._MA_ -- LG flo.$�svc Book 136, page 547 - - --- -� on ia.4y ohn J. Shugrue da- e alit March D?_:= :riot is zoned, foi"— SidPnti l�inmmPrrial. __ - -- yPo of structure (Exi:'-rt.irl�) or Proposed) or proposed use: commercial__ Owner's Name John -- Ow,icr.' s Address 30 Woodlane R_ oad.L Lawrencevi 11 N.J. 08648 —_ Wh n did you acquire this property ?�! - Has application been filed at Building Department? yes nas any previous appeal lee -i made -e Section of By-,-Law or Code from which relief is requested: Applicant is request_in a Special Permit under Section 139 -33 or in the alternative a variance from side line Rest)9=xLk=xa2k&Et9xxft*kiR)Fx*x set back reauirementa, of Section 139 -16A antler . If granted, applicant would be ab1P to consrrLL r / hnnr party wall hetwepn_rhP subject property and the Rose an — a1 �d _nrdr- to provide additional kitchen area. e_ tai lets. %7' rant ATTACH: (1) A list of the names and addresses of each abutting owner and owner abutting the abutters, and owners wi`bi ' ^^ r (2) A check ; - -'- - SHORT AND FORE) ARCHITECTS January 7, 1986 Board of Appeals sown of Nantucket Nantucket, Massachusetts 02554 Re: Vincent's Restaurant To the Members of the Board: On behalf of our client, John B. and Colleen Arno, we have engaged in a comprehensive design process for the betterment of Vincent's Restaurant. The scheme is comprehensive in the sense it addresses the following conditions: 1) Historical context. 2) Fire safety of the building. 3) Fire safety with the neighbor (Philip Osley). 4) Structural stability in foundation, floors and roof. 5) Satisfying requirements for restaurant function. Our scheme proposes to move the building south and west and take advantage of the slot of space between Vincent's and the Rose and Crown -For a fire stair, handicap accessible toilets and much needed additional area in the kitchens. it is our understanding that the only modification to previously granted approvals is the zero setback to the north. Our concept is to construct a 4 hour party wall between Vincent's and the Rose and Crown to eliminate the residual alley that would serve no one's interests. We have presented the scheme to Mr. Philip Osley and he has extended his support and willingness to participate in the party wall construction. WILLIAM It. SHORT, FAIR JEREMIAH FORD 111, AIA CHARLES A. FARRELL, AIA MICHAF"I. FAREWELL, AIA GEORGE A. FEI 1, AIA MICIIAFI. J. MILLS. AIA BOX 864 MAPLETON ROAD, PRINCETON, NEW JERSEY 08540 609- 452 -1171 Board of Appeals - 2 - January 7, 1986 This scheme does not propose any increase in coverage or square feet of floor area. We look forward to the opportunity to present the scheme to the Board. Sincerely, Christopher E. ON -for, Short and Ford Architects CEH:bb Attachments cc: John Arno Phil Osley TO19N OF NANTUCKET BOARD OF APPEALS List of p.grties in interest in the matter of the petition ors (see attached list) Nam- John and Cdleen Arno d /b /a VINCENT'S RESTAURANT Address-21 South Water Street, Nantucket, MA 02554 Ornperty Address_21 South Water Street see attached list,, v 1 c,rt'fv the foragoinq is a list of persons who are owners of laid abuttinq the property and owners of land directly oppoalte I he Property, on any straet or way, and owners of lend within 300 ^et n! tha property, s11 e4 they appear on the most recent �;»llcnoln TA'c llat. Assessor -� Town of Nantuek�t fd �4C %flip r, i 9o�7c�X 9s�s 1 l�J �!�_sL?�/l�%� ✓1.71_ �� _d'd 7 i`� _ - -- _ i31- Z-f- �_ - -- - - - - -- - - ---- - - - - -- -- ----- -- - - - - -- land abutting the property and owners o. �a the property on any street or way, and owners of lend within 7-DO feet of the property, all as they appear on the most recant applicable TAY list. /- page Assessor Town o` Nantucket 0116; 1 1711l �-- - -- -- 61;,17,11 Zz ?- - -- -�- -� � ^ - f�i/ISG�(�rC'l� V�O,%%( -F��% :� S �il //%✓% /��1h.�1y� - - land abutting the property and owners Of lend directly opposite the property on any street or way, and owners of land within 700 Feet of the property, ell es they appear on the most recent applicable TAX list, AA Assessor / Town or Nantucket 1 y1 G3 - - - -- _�3 land abutting the property and owners of lend directly opposite the property on any street or wey, end owners of land feet of e all an they appear on the within X00 property, most scent apalicebl TAX list. at m Assessor _ --- Town o° Nantuck t \