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:
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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