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Home My WebLink About055-880 5 S --9g TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 June, 1988 Re: Decision in the Application of JOSEPH ARNO (055 -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 after this date. cc: Building Commissioner Planning Board Town Clerk 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 FRIDAY, MAY 20, 1988, at 1:30 P.M., at the Town and County Building, Broad Street, Nantucket, made the following Decision upon the Application of JOSEPH V. ARNO (055 -88). 1. Applicant requests a SPECIAL PERMIT under Nantucket Zoning By -law Section 139 -33.A (Alternation and Expansion of Pre - existing Nonconforming Structure) , and Section 139 -18.G (Relief from Parking in Core District), to permit a single -story addition of 64 square feet of ground cover to the southeast corner of the existing building used for restaurant purposes. The restaurant contains seating on the first and second floors of the structure and outdoor seating under an awning. The Premises are located at 31 EASY STREET (Assessor's Parcel 42.4.2 -16), Land Court Plan 8594 -E, Lot 3, and are zoned as RESIDENTIAL - COMMERCIAL. 2. Although a 50% ground cover ratio is the maximum permitted by the Nantucket Zoning By -law in a Residential - Commercial district, By -law Section 139 -16.A, Notes, limits the maximum ground cover ratio to 30% as to a lot containing less than 5,000 square feet. The Premises contain about 3,504 square feet. Prior to the July 27, 1972 effective date of the Zoning By -law, the structure upon the Premises contained 1437 square feet for a ground cover ratio of about 41 %; see Building Permit Application No. 337 -76. Accordingly, the building upon the Premises is a pre- existing nonconforming structure and can be expanded or altered by special 3 permit under Section 33.A where the requisite finding can be t. i made. 3. Based upon the Application, the statements, representations and materials submitted at the public hearingl a review of applicable Building Department files, and our knowledge of the Premises, we find that the Applicant proposes to construct an addition to the existing building, to enable certain storage and utility uses to be moved inside, in connection with the operation of the existing restaurant business. At present, as a result of prior expansions, ground cover is 1725 square feet, or 49.23 %; the proposed addition would increase ground cover to 1789 square feet, or 51.06%. The moving of storage and utilities inside would be a substantial benefit to the neighborhood. 4. Zoning By -law Section 139 -18.A provides that enlargement of any building requires provision of off - street parking for the existing building as if it were newly constructed. No parking can physically be provided upon the Premises. However, Section 139 -18.G permits relief from parking requirements by special permit within the Core District and Resident Permit Parking District; L/h �� C'- r T% �^Qi i !/» �.! �� CAP �l..t /U. ✓ PYn CGt4 -g h 6 2l�I�QG� f1T.i lL y . 4 /S !^ P C, ��.. r4 � `� the Premises fall within these Districts. Ain connection with the -"6 n (.Z-. proposed addition; /we find that the granting of // parking relief, / parking upon the Prer►iises,, would be in harmony with the general purposes and intent of the Zoning By -law, in that no additional parking demands will be created by the proposed addition, which will move uses indoors without increasing restaurant seating capacity or the number of employees upon the Premises. 5. Prior additions to the building upon the Premises have been constucted more than six years ago pursuant to building permits (337 -76; 585 -77; 2301 -82) and the change in use to the present restaurant use was made more than six years ago with building permits having subsequently issued for related matters. Accordingly, General Laws Chapter 40A, Section 7, prevents / enforcement of the Zoning By-law with respect to= �r��j /^ nonconformities. / � � - - � j 6. 4n we find that the proposed extension and alteration of the building upon the Premises will not be substantially more detrimental to the neighborhood than the existing nonconformities of the Premises. In fact, a public benefit will result from the placement of accessory uses now conducted outdoors within the structure, thus removing these uses from public view at this highly visible location. 7. Therefore, this Board GRANTS to the Applicant a SPECIAL PERMIT to enable construction of the proposed addition covering CLir 64 square feet, and waiving parking requirementsl� rising from J such expansion, by a UNANIMOUS VOTE, with the condition that such construction shall be done substantially in conformity with the plans as per the copies attached hereto. Dated: June i- , 1988 William R. Sherman Andrew J. Leddy, Jr. Dorothy D. ollans NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, MAY 20, 1988 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Applica- tion of JOSEPH V. ARNO (055 -88) seeking a SPECIAL PERMIT under SECTIONS 139 -33A (Expansion of pre- existing non - conforming structure), and 139 -18G (Relief from parking in Core District), to permit a single -story addition of 64 SF of ground cover to the southeast corner of the building, said to pre -exist zoning, used for restaurant purposes, which now exceeds permitted ground cover ratio of 30%. Present ground cover is 49.23 %; with the addition, the ratio would be 51.06 %. No parking is provided. No increase in seating or in employees is proposed. The premises are located at 31 EASY STREET, Assessor's Parcel 42.4.2 -16, Land Court Plan 8594 -E, Lot 3, and are zoned as RESIDENTIAL - COMMERCIAL. William R. Sherman, Chairman BOARD OF APPEALS BOA Form 1 -87 APPLLCATION" NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") No.,� Owner's name(s): Joseph V. Arno Mailing address: c/o Reade & Alger Prof. Corp., Post Office Box 2669, Nantucket, MA 02584 Applicant's name Mailing address: Location of lot(s): Assessor's map and parcel: 42.4.2 -16 Street address 31 Easy Street Registry LC PL, 8594 -E Lot 3 Deed ref-Cert. 6731 Subdivision No Endorsed _f- /_ ANR? -- Date lot(s) acquired: 1 / 22/73 Zoning district Residential- Commercial Number of dwelling units on lot(s): None Rental guest zooms None Commercial use on lot(s): Restaurant MCD? No Building date(s): all pre -'72 zoning? Yes. or Building permit application-Nos. and dates C of 0? -- 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: Applicant requests a special permit under Zoning By -law Section 139 -33.A (Expansion of Pre - existing Non- conforming Structure) and under Section 139 -18.G (Relief from Parking in Core District), to permit construction of 64 square feetof additional ground cover, enabling certain storage and utility uses to be moved inside, in connection with the operation of the existing restaurant business. Present ground cover is 1725square feet, or 49.23 %; the addition would bring ground cover to 1789 square feet, or 51.06 %. Permitted ground cover for the premises, which contain 3504 sgure feet is 30%. No parking is now provided, nor can it be provided. Seating capacity and number of employees will not be increased. Enclosures forming part of this Application: Supplement to above Site /plot plan(s) x with present /proposed structures Locus map x Floor plans present /proposed Appeal.record' Needed: areas frontage setbacks GCR% parking data Assessor's certified addressee list (4 sets) ,x .Mailing labels) (2.- sQts)� x Fee check for $150.00 payable to Town of Nantucket x "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.i Signature: L Applicant Attorney /agent _x (If not own r, show basis for authority•to,:apply-:), FOIF ICE USE �p Application copies received: or only ) for BOA One copy given Town Clerk /� /RTy L �-e� Complete? L/ One copy sent to Planning Board and to Building Dept. y $150.00 check given Town Treasurer Notices of hearing posted /Ja-1-nailed /Co / �s Published /_� /_ _112f_ Hearing(s) held on _ /_ /_ continued to _ /_ / _ /_ /_ withdrawn? Decision made _ /_ /_ filed with Town Clerk _ /_ /_ mailed _ //_ See related files: application - litigation - other N O T I C E A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, MAY 20,, 1988, at 1:30 P.M., in the Town and County Building, Nantucket, on the application of JOSEPH V. ARNO ( -88), seeking a SPECIAL PERMIT under Zoning By -law Sections 139 -33.A (Expansion of Pre - existing Non - conforming Structure), and 139 -18.G (Relief from Parking in Core District), to permit addition of 64 square feet of ground cover to a building, said to pre - exist zoning, used for restaurant purposes, which now exceeds permitted ground cover ratio of 30 %. Present ground cover is 49.23 %; with the addition, the ratio would be 51.06 %. No parking is provided. No increase in seating or in employees is proposed. The Premises are located at 31 EASY STREET (Assessor's parcel 42.4.2 -16), Land Court Plan 8594 -E, Lot 3, and are zoned as RESIDENTIAL - COMMERCIAL. William R. Sherman, Chairman BOARD OF APPEALS