Loading...
HomeMy WebLinkAbout022-88TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 April 81 1988 Re: Decision in the Application of WALTER. D. GLIDDEN, JR., OWNER, ISLAND SEAFOODS, INC. (022 -88) Enclosed is a notice of the 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 rifter this date. cc: Building Commissioner Planning Board Town Clerk i { William R. Sherman, Chairman BOARD OF APPEALS BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on MONDAY, MARCH 28, 1988 at 1:30 p.m. in the Town and County Building, Nantucket, made the following Decision upon the Application of WALTER D. GLIDDEN, JR. represented by his son David P. Glidden, general manager of the business ISLAND SEAFOODS, INC., tenant, (022 -88) address 8 Broad Street, Nan- tucket, MA 02554. 1. Applicant seeks a SPECIAL PERMIT un cIer Zoning By -Law SECTION 139 -33A to alter andextend a commercial use pre- dating mid -1972 zoning, non - conforming for lack of required off - street parking and loading areas; and because of excess ground cover ratio and insufficient setbacks for which variance relief is asked, also because of subminimum lot size and less than 20% open area required by Section 139 -16F. If the requested Section 139 -33A Special Permit is granted, Applicant will be allowed to convert an existing residential kitchen on the second floor into a commercial kitchen. That kitchen and the balance of the second -floor space may then be used commercially but only ancillary to the seafood business conducted on the first floor of the premises. The premises are located at 8 BROAD STREET, at Steamboat Wharf, Assessor's parcel 42.4.2- 063, Land Court Plan 8755 -B, Lot 7, zoned RESIDENTIAL - COMMERCIAL. 2. Our findings are based upon the Application papers, including second -floor plan, viewings, correspondence, and listings, and representa- tions and testimony received at our hearings of March 25 and 28, 1988. 3. As shown on the Land Court Plan, Applicant's building dates to 1923. The pre- existing, non - conforming 2 -story structure almost fills the lot, about 624 SF. Frontage is just 20.7 feet on Broad Street oppo- site the truck parking area of the Steamship Authority. The premises are in a block bounded by South Beach Street extension, Oak Street, and Easy Street, as well as Broad Street. These and particularly Easy and Broad Streets are critical for the heavy flow of traffic to and from the Wharf, also for an added volume of traffic going north through Town via Easy Street, Broad Street and then up South Beach Street. Heavy pedestriocA (022 -88) -2- traffic is carried by the narrow sidewalk across Applicant's frontage, past bike and moped shops on either side and also Hutch's and other seasonal food take -out establishments immediately to the west. 4. Continuing since prior to mid -1972 zoning, Applicant has con- ducted a retail seafood business at the premises and, ancillary to it, a wholesale business serving, e.g., restaurants, doing both on a year - round basis. The business is said to have been adversely impacted in recent years by (a) fishing boats not being allowed to dock at Steamboat Wharf, (b) parking and traffic congestion discouraging trips there to purchase seafood, (c) wider island competition in seafoods including wholesale, and (d) fresh fish shortages. S. Applicant's store is now the only one on the Steamboat Wharf - end of Broad Street open for business all winter. Applicant -rroposes converting the second -floor apartment, now unsed by his son David's family, to a commercial use ancillary to their seafood business. While we have sought to encourage apartments in the Town center, mixed with the mostly daylight commercial uses, here we find the use of the second floor is appropriately a family decision. An apartment above a seafood business has some of the characteristics upon which the Nantucket Superior Court, in action No. 2113 (Downy-flake), based its order allowing a second -floor apartment to be converted to commercial use of a type adding only a low volume of customer traffic. 6. Here, we find that the proposed commercial kitchen and other use of the second floor ancillary to the first -floor seafood business will have only small and reasonable effect upon foot and auto traffic to and from the store. To support our finding that the altered use proposed by Applicant will not be substantially more detrimental to the neighbor- hood, the following conditions are accepted: (1) The existing building will not have substantial structural change, with the second -floor residential kitchen being replaced by a commercial kitchen and -the rest of the second floor being used for commer- cial purposes ancillary to Applicant's seafood business. (022 -88) -3- (2) Applicant retains the right to continue with preparation and sales of seafood products as in the past, including items listed on the paper in our record titled "Existing uses of Building /Business ". These include items normally eaten hot and sold to be heated up off- premises, e.g., at home. Some items, for example, opened oysters, can be eaten immediately after leaving the premises. (3) Apart from an occasional tasting of a sample, customers do not and shall not consume seafood on- premises. No seating shall be provided therefor. (4) Applicant is permitted to extend what is offered for sale to include items on the list titled "Menu for Kitchen ", but hot chowder offered on a take -out basis ready to eat shall be available only during the off - season period from October 1 to May 31 when traffic and parking problems are sharply reduced and not from June 1 to Sept. 30. (5) The number of employees on peak shift shall not be in- creased and, correspondingly, the off - street parking space requirement will not be increased. (6) No take -out window will be opened to the street, se customers will continue to use the entry doorway. Concern was expressed for possible increase in the existing disposa- ble- container litter problem in the area. Applicant was urged to join with other merchants on this block to address the problem. However, no further condition in this respect is believed warranted for grant of the requested Special Permit. We further find that such Special Permit relief would be in harmony with the general purposes and intent of the zoning chapter. 7. The variance relief originally asked is unnecessary for Appli- cant to make the proposed changes and would, in itself be insufficient for the desired purposes. Since we are not able to make the required findings, such variance relief is denied. (022 -88) -4- 8. The Planning Board's recommendation and responses of neighbors were generally favorable to Applicant. 9. Accordingly, by UNANIMOUS vote, this Board GRANTS to Applicant the requested Special Permit under SECTION 139 -33A subject to the condi- tions listed above. Dated: April 1988 Nantucket, MA 02554 / William R. Sherman Dorothy D. Vollans Dale W. Waine NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 June 1, 1989 David P. Glidden Island Seafoods, Inc. 8 Steamboat Wharf Nantucket, MA 02554 Re: Minor modification of Glidden Special Permit 022 -88 Dear Mr. Glidden: Responding to your letter of May 20th and to your presentation at our public meeting May 26, 1989, our Board voted unanimously to modify Subparagraph 6(4) of the Special Permit granted April 8, 1988 to your father Walter D. Glidden, Jr., to allow: - hot chowder offered on a take -out basis ready to eat, not only during the off - season period from October 1 to May 31 but also from June 1 to September 30, that is, year- round. While the Board remains very much concerned about traffic congestion along Broad Street in front of Glidden's Island Seafood, we accept your argument that the above modification is minor and is likely to have an imperceptible adverse impact. Your offer to keep take -out containers from littering the street outside the store is commendable. Similar action by others nearby who offer take -out foods would certainly be appreciated by the public. William R. Sherman, Chairman cc: Walter D. Glidden, Jr. Town Clerk ,- Building Commissioner Planning Board t. NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, MARCH 25, 1988 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of DAVID GLIDDEN, FOR HIMSELF AS MANAGER OF ISLAND SEAFOODS, INC. AND FOR OWNER, WALTER D. GLIDDEN, JR. (022 -88) seeking a SPECIAL PERMIT under SECTION 139 -33A to alter and extend a seafood retail and ancillary wholesale use of the premises by installing a commercial kitchen and office areas on the second floor for use ancillary to the first -floor retail use. The first -floor use is said to predate zoning with a residential use of the second floor. Alternative relief by VARIANCE or SPECIAL PERMIT is asked, if needed, for relief from the Section 139 -16A and C intensity regulations, the 139 -18 off - street parking and 139 -19 loading area requirements, neither parking nor loading area being available on the lot. The premises are located at 8 BROAD STREET, Assessor's Parcel 42.4.2 -063, Land Court Plan 8755 -B, Lot 7, zoned RESIDENTIAL - COMMERCIAL. xl�c�e� / - /I e % Andrew J. Ledd Jr. Actin hairman Y� BOARD OF APPEALS BOA Form 1 -87 AAPEICATION" NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") Owner's name(s): WAL711 E2 , T_ C (- (`)DG -/J _I 2. 221 - L(IZ Mailing address: Ap S-, Applicant's name RJ f r ! F Mailing address: 5TF- A-V't60A1 lr) ffA kF Location of lot(s): Assessor's map and parcel: q,;?, 4�� - Q(c3 Street address Sri -SKO/+0 5 Registry LC PL, PL BK & PG, PL FL LL -/L,6 Vot Deed rel'._ q9,a c Subdivision Endorsed _ /_ /_ ANR? Date tot(s) acquired: ?/ 21_ I q o Zoning district Number of dwelling units on lot(s): I Rental guest Looms O Commercial use on lot(s): RETA1L - L-JHec -F SAc C MCD? nJ Building date(s): all pre -'72 zoning? or Building permit application-Nos. and dates C of 01 Case No(s). or dates all prior BOA applications: State fully all zoning relief sought together with all respective Code sections and subsections, specifically, what you propose compared with present and what grounds you urge, for BOA to make each finding per Section 139 -32A if Variance, -30A if Special Permit, -33A if to alter or extend non - conforming use, or to reverse Building Inspector by:Appeal per / -31A &\B: L,) r AP,1 -->G/l )P_ S— ilA)(_ 2F1 _iF4� :P-t?nM iZTF.1SrnI Qrf­ - 3z a r_arv7Aln t*nvF_2 RA-T(n Cr-r s?Aak-' iZc -ix Cyr-f 5T. <irJ WE Ases- PeoP65i" r n6-10n3(- A ZAlb 1--LO60- r�1(f -M nrFtc r-4_ Ak10 CLn✓KMF62r ,AC KcT(_tfC0kJ f<LrU+Ft7 -O GE vsf c.2C4re -ek600cr5 PN� salr_ 4,*4 5To,<E IBEc 664 , WE- 440,E (T0L,t,�n n4TttE2Er &r-)-STT E_E7r P42KinJ6- PI_A ES 1nCPZe45E IA,) (Y-,F U.)od(_D cECTAct.)! RF- QYJLRg. c2 MORE. SPOTS, I+QLO� EJEf� WE WAVE CIA - GATE -D E�O`R RPA2T"EA) ( 0 ,SO 2�D_yiRE ErJTS DEt �zE�K>= - AL. o a,1EED f?-'E LEA S_ �Qawt 13C -53A - ALTeF2_1jJ(r ySE n�EFC)s 'sPEL(41_ PERraiT - SEC LE-rl C yZ Enci osures forming part of this Application: Supplement to above C L!1� Site /plot plans) LJ_ with present /proposed str,,dctures Locus map Floor plans present /proposed Appeal record Needed: areas frontage C) setbacks IbV GCR% 1 parking data ,V Assessor's certified addressee list (4 sets): Mailing labels) (2.sits Fee check for $150.00 payable to Town of Nantucket ✓ "Cap" covenant I certify that the requested information submitted is substantially complete and true-to the best of my#knowledge, under pains and penalties.'of perjury.; J_ Signature: P Applicant Attorney /Agent (If not owner, show basis for authority;tbcapply-:)' _Z A" o,_,WFtZ: S�uJ -� C: EJ�1E�24 � lL1f� ✓v�4 CrE(2 FOR OFFICE USE / Application copies received: 4 _ pp p ( (or only ) for BOA 'v /!0 /�by One copy given Town Clerk �&/�y ` Complete? One copy sent to Planning Board and to Bui ding Dept. y L✓ $150.00 check given Town Tr asurer/ by Notices of hearing posted �/.1/ iledublished //o/, c/o/ Hearing(s) held on _ /_ /_ continued to _ /_ /_, _ /_ /_ withdrawn? Decision made /_ /_ filed with Town Clerk _ /_ /_ mailed See related files: application litigation - other ISLAND SEAFOODS, INC. Box 178 Nantucket, Massachusetts 02554 (617) 228 -0912 February 4, 1988 Subject: Supplement to Board of Appeals Application: Due to the increasing commercialization of our downtown and mid - island areas, our business needs to diversify. Various changes that have affected us include: (1) Until several years ago fishing boats were allowed to dock at Steamboat Wharf. (2) More residents are not shopping in town because of parking and traffic congestion. (3) Parking has been further constrained by moped parking. (4) More wholesale meat companies are expanding into seafood sales to restaurants. (5) Fresh fish shortages. Because of the above changes our employee requirements have remained constant for ten years. We would simply change one employee's duties. Therefore permission to alter use of structure would not be substantially more detrimental than the existing non - conforming use of neighborhood. In addition we have operated at a loss during the winter months serving the public as a viable year -round establishment. This year we were the only store open C,,,J 4__o% --39_2 ,j1_oAD 5T. all winter If we are to continue serving the public we hereby request that you approve this application. Sincerely; David Glidden