HomeMy WebLinkAbout002-89C
.9 .
ooa -g9
NANTUCKET ZONING
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
February 21 , 198'9
File No. 002 -89
To: Parties in interest and others
Re: Decision in the Application of
SOMETHING, INC.
Enclosed is the decision of the Board of Appeals which has
this day been filed with the Nantucket Town Clerk.
An appeal from this decision may be taken pursuant to
Section 17 of Chapter 40A,tMassachusetts General Laws. Any
action appealing the decision must be brought by filing a
complaint in court within twenty (20) days after this
date. Notice of the action with a copy of the complaint
and certified copy of the decision must be given to the
Town Clerk so as to be received within such twenty (20)
days.
cc: Building Commissioner
Planning Board
Town Clerk
Gtr ��
William R. Sherman, Chairman
T
BOARD OF AP1PEALS
TOWN OF NANTUCKET
NANTUCKET, MASSACHUSETTS 02554
DECISION:
At a Public Hering of the Board of Appeals helC on Friday,
February 10, 1989 at 1:00 p.m. in the Town and County Building, Nan-
tucket, in the matter of the Application of SOMETHING, INC. (002 -89)
address 50 Cliff Road, Nantucket, MA 02554, the Board enters the
following Decision and makes the following findings:
1. Applicant seeks a SPECIAL PERMIT Under By -Law SECTION 139 -33A
to allow the extension or alteration of a pre- e,:istirg non- conforming
use by adding 615 SF of ground cover to provide space for an additional
ba':ing oven and a larger front entry and to add one (1) take -out service
station. The premises are located at 50 Cliff Road, Lot 1, Land Court
Plan 15515 -C, Assessor's Map 41, Parcel 28, in the Residential Old
Historic District.
2. In accordance with out prior Decision dated December 18, 1985
(113 -85) ue finc that the principal structure containing a kitchen
pre -dates the zoning by-law. The structure is non - conforming in being
a commercial one since the summer of 1971 and not simply a single- family
dwelling. The kitchen has been used in the manner of a commercial
bakery with off - premises delivery of baked goods. Food prepared on -site
is also sold for take -out to the public. Out side seating on the lawn,
now for approximately 75 customers, has existed since before zoning and
is grandfathered.
3. The proposed alterations are for the purpose of serving
customers more efficiently to reduce traffic congestion near the site.
No increase in employees or take -out patronage is projected by Applicant.
4. The Applicant submitted with the Application papers a proposed
site plan (our Exhibit 'IB ") showing the additions to the structure and
par'cing also HDC- approved elevation plans (5 sheets marked our Exhibit
"A") and photographs of the site.
5. Abutters by telephone, testimony and letters expressed concern
about increased fumes, noise and traffic and the spillover of parking
along the unimproved entry drive and the adjoining shoulder of Cliff Road.
Their concerns appeared allayed in part by representations on behalf of
the Applicant, in part by the conditions noted below. Here the commer-
cial use is to the rear of adjacent residential uses and to be well
screened off. Accordingly, we find that the proposed extensions or
alterations will not be substantially more detrimental to the neighbor-
hood than the existing non - conforming use. The extension or alteration
will be in harmony with the general purpose and intent of the by -law.
6. Whereupon, this Board by UNANIMOUS vote, GRANTS to Applicant
the requested SPECIAL PERMIT relief under SECTION 139 -33A as set forth
upon the following terms and conditions:
NOTICE
A Public Hearing of the BOARD OF APPEALS will be held
on Friday, February 10, 1989 at 1:00 p.m. in the Town and Coun-
ty Building, Federal and Broad Streets, Nantucket, on the Ap-
plications of the following:
OLD BUSINESS
Michael and Nancy Peacock (115 -88) - Under Advisement.
NEW BUSINESS
Nantucket Housing Authority (001 -89) appealing from the
Building Commissioner's 12/14/88 denial of a Certificate of Oc-
cupancy for one or more buildings of the Housing Authority's
Miacomet Park affordable housing project constructed pur-
suant to this Board's 4/7186 grant of Comprehensive Permit
050-W or, in the alternative, a modification or clarification of
such permit with respect to the sidewalk/bike path and
vegetative screening conditions upon such permit. See also our
letter of clarification dated 1/23/89. The premises are at 8
Miacomet Road, Assessor's Parcel 67-082 zoned Limited Use
General -2.
Something, Inc. (002 -89) seeking a Special Permit under Sec-
tion 139 -33A, or a modification of its 12/18/85 Special Permit,
to alter and extend its nonconforming bakery kitchen and take-
out food establishment by constructing an addition to the kit-
chen for a second baking oven and a larger front entry for a se-
cond takeout station, adding 615 SF total. A portion of the
building is said topre- date1972 zoning. lb the extent needed or
in the alternative, relief by VARIANCE is asked. To provide 5
more parking spaces for the added takeout, a 17 -space park-
ing plan is proposed on the 42,000 SF lot. The premises are at
50 Cliff Road, Assessor's Parcel, 41 -028, Land Court Plan
15515-C, Lot 1, zoned Residential Old Historic.
Phillips Rental Associates, Elizabeth Ann Phillips, General
Partner and Equitable Owner (003 -89) seeking a VARIANCE
from the requirements in Section 139 -16A of at least 5,000 SF
minimum lot size, a 5Ofoot frontage and a 30% maximum
ground cover ratio to validate its 2,345SF Lot 2 without frontage
and with 42% GCR house, also a VARIANCE from the re-
quirements in SECTION 139 -16C of 5 -foot side and rear lot line
setbacks to validate siting of the house within such setbacks.
Lot 2 was created by 1/26/81 ANR endorsement of a plan
dividing Lot 2 from 5,004 SF Lot 1(through which a 12 -foot wide
easement provides access between Lot 2and Mt. Vernon Street).
Lots 1 and 2 have been in separate ownership since 1/18/82. The
premises are at 1OR Mt. Vernon Street, Assessor's Parcel
55.4.4-0 10.1, Plan Book 21, Page 53, Lot 2, zoned Residential -1.
Richard Green and Denison Buckley (004 -89) seeking a
Special Permit under Section 139 -33A to alter and extend 3 non-
conforming buildings and their use said to pre-date 1972 zoning,
by constructing two connecting portions, one between the prin-
cipal single - family dwelling and a secondary dwelling sited to
the south and the other between the principal dwelling and an
accessory building to the northeast. The 4 buildings on the 3,606
SF lot are sited within the required front, side or rear yard set-
backs. The only new construction proposed within a setback is
the connecting portion between the dwellings, but its intrusion
is to a lesser extent. In connecting the 3 buildings to form one
larger single - family dwelling (a portion of which will be
2-story), the present 1,337 SF ground cover (37% GCR) will be
increased by 181 SF to 1,1518 SF (42% GCR), 30% being the
allowable ground ratio. Relief by VARIANCE from Section
139 -16A is also asked to the extent it may be needed to validate
the premises with the proposed changes. The premises are at
19 Bank Street, Codfish Park, Siasconset, Assessor's Parcel
73.1.3-060, Plan Book 303, Page 14, zoned Residential -1.
John F. Gifford, Lessee, Sherburne Associates Realty Trust,
Owner (005 -89) seeking a Special Permit underSection 139 -18G
to enable an alteration of existing space in applicant's fish
market for use as a separate shop for the sale of ice cream pro-
ducts. An additional take -out food station with no seating will
result; there will be no alterations in the existing footprint of the
building. Premises are located at Straight Wharf, Assessor's
Parcel 42.2.4 -001, and are zoned Residential - Commercial.
Edward F. Kohnke, lV and L eslieN. Kohnke (006.89) seeking
a Special Permit under Section 139.33A to enable creation of ad-
ditional living space without a kitchen by an alteration of an ex-
isting garage structure said to pre -exist the adoption of rear
yard setback requirements, within the required rear yard set-
back of five feet; actual setback is about four feet. The premises
are at 76 Cliff Road, Assessor's Parcel 030-070, and are zoned as
Residential -1.
William and Marilyn B. Lane ( 007 -89) seeking a VARIANCE
from the 10-foot side-yard setback required by Section 139 -16C
to validate the siting of a single- family dwelling with nor -
theasterly corner 9.3 feet from one side lot line (and the souther-
ly corner of an attached deck 8 feet from the other side lot line).
The premises are at 5 Starbuck Road In Madaket, Assessor's
Parcel 60 -022, Land Court Plan 3092 -67, Lot 697, zoned
Residential -2.
Joseph D. Abdallah (008 89) seeking a VARIANCE from the
minimum lot size requirements of Section 139 -16A to permit the
subdivision of his 18,209 SF lot into two lots, each with about895
SF less than the required 10,000SF minimum lot area. He would
accept as a condition to the variance to limit each resulting lot
to one single - family dwelling. The premises are a trapezoidal
through lot at 40 Hooper Farm Road and Hull lane, Assessor's
Parcel 67 -272, Residential -10.
Nantucket Savings Bank (009 -89) seeking a Special Permit
under Section 139 -16C to reduce the required side lot setback
distance from 10 to 5 feet to validate an existing duplex struc-
ture sited 5 feet from the side lot line. The premises are at 3 Surf -
side Drive, Assessor's Parcel 67-252. 1, Land Court Plan 264395,
Lot 100, zoned Residential -10.
PLEASE NOTE: The next Board of Appeals hearing will be on
March 31, 1989 and the DEADLINE for submissions will be
MARCH 10, 1989.
William R. Sherman,
Chairman
BOARD OF APPEALS
1/26/2T
(.0102-89)
-2-
a. Applicant shall construct a fence 4 -6' high along the
Kessler's boundary line, with any enhanced construction by agreem:it with
the Kesslers.
b. Applicant shall improve the driveway access to Cliff Road by
defining its 20' width with raised planting beds along each side delineated
by some form of curbing such as railroad ties.
c. On site parking spaces shall be delineated by markings
on the ground such as fixed headers for each space.
d. The final parking plan must be in substantial conformity
with the sketch plan E<:hibit "B" filed with the Board of Appeals and meet
all zoning requirements such as aisle widths, parking space size and
loading zone (to discourage parking therealong).
e. There will be a densely planted vegetation strip along
the northerly and westerly boundaries, with plants having a maintainer:
height of at least 8' of mature growth.
f. No interior seating is permitted and no restaurant service
to the outside seating is permitted. Exterior seating shall not exceed 75.
g. The existing single dwelling unit shall remain an apartment
and shall not be used for an employee dormitory.
h. Tti:o (2) take -out stations are permitted.
i. Hours of operation shall be the same as permitted by
the former Decision, to wit: operating hours 5:00 a,m, to 7:00 a.m. with
service to the public starting no earlier than 7:00 a.m.
j. The outdoor refrigeration unit shall be surrounded on
the sides abutting neighbors by a fence to aAVrb or deflect sound,
February 21, 1989
Nantucket. MA 02554
/3�a a�iyyy
-�f� _C"_ --------- - - - - --
-
Zi` 1
William R. Sherman
JAA
j
Dale U--, Waine �-
D,�Ivid/Leg-Te
Peter Dooley
Ann Balas
LAW OFFICES
HOLMES, HAYS & F"ITZGERALD
35 CENTER STREET
NANTUCKET,MASS 02S54
WAYNE F" HOLMES
'NiLLIAM H. HAYS III
JULIE A. FITZGERALD
January 13, 1989
Mr. William Sherman, Chairman
Board of Appeals
Town & County Building
Nantucket, MA 02554
RE: '-ppl ication for Special Permit
Owner /Applicant: Something, Inc.
Premises: 50 Cliff Road
Dear Mr. Sherman:
Enclosed for filing, please find the following:
1. Application plus three (3) copies;
2. Certified Abutters List plus three (3) copies;
3. Four (4) copies of the site plan;
4. Two (2) sets of mailing labels;
5. Copy of Board of Appeals Decision No. 113 -85; and
6. Check in the amount of $200.00
Would you kindly place this matter on your agenda for
February 10, 1989.
Very truly yours,
Julie A. Fitzgerald
JAF /mc
enc (s)
cc: Mr. Matthew Fee
Ms. Joanne M. Holdgate, Town Clerk
AREA
22 ___
-
A�Pe�c���1:oN
NANTUCKET ZONINC BOARD OF APPEALS ( "BOA ")
Ow►w r. ' s name (s) -. SOMETHING, IN_C_. ,
Hit ting address-. 50 CLIFF ROAD, NANTUCKET, MASSACHUSETTS-,92554,
App Itcant'a nnme :SOMETHING, INC. J
'Mailing address Same
Locntion of lot(s)! Assessor's mnp and parcel!41 -28
Street address 50 Cliff Road_
Registry LC PL, P[, BK & 1'G, 1'L FL 15515C Lot •.-i heed Bef.Cert. of
Title old. `-
Subdivision 1967 Endorsed _ /� /_ AN tt? 11,562.
Date Lot(s) acquired-. /_/ 85 Zoning district. ROH
Number of dwelling unite on lot(s): _o•ne (1) Rental west Sooms NQNE
Commercial Use on lot( -.): YES MCD? No
Building date(s): all pre -'72 zoning ? SOME PRE -72 or SOME POST 72
Building permit application Nos. and dates C of 0?
Case No(s). of,dates All prior 130A applications: 113 -85
Stnte fully all zoning relief sought together with all respecttve Code sections
And subsections, specifically, what you propose compared with present and
what grounds you urge, for BOA to mnke each finding per-Section 139 -32A if
Variance, -30A if Special Permits -33A if to alter ob extend hon- conforming
user or to reverse Building Inspector byyAppeal per -31A & B:
Applicant seeks a special Permit pursuant to Section 139 -33 or in the
alternative a variance pursuant to Section 139 -32% to allow an
addition of 615 square feet to the existing structure to provide
space for an additional baking oven and a larger'- -ntry in the front of
building to imp
xove customer service and add one 11) service station.
Enclosures foaming part of this Application: Supplement bo`:'abvve I
Site / Slot plan(s) 4 with present /proposed structures.*'?*
tructures 4
Locus map 4 Floor plans present /proposed _ Appeal recorV x
Needed! areas x frontage x setbecks x GCR% x phrking data x
Assessor's certified addressee list (4 sers)�.;x. Mailih 1abe1�►. 2.'�.sts x
Fee check for Qf payable to Town of Nantucket g'.Cap" covenant ,��
L certify that the requested information submitted is substantially complete
and true-to the best of. my knowledge.under pains'and penaltiesiiof perjury]
Signature: /�,r�
�%- :'i,�.��/� Applicant Attorney /agent x
(If not own�jf; show basis for authority tb� apply);
3 .. Tt3E -�;G��t4fOiVtil-�ll.7">tlEfcs SASFT'1
Date: December 18 , 19 85
Certificate of Granting of Special Permit
(General Laws Chapter 40A, Section 1 ; )
The Board of appeals of the City or Town of Nantucket
hereby certifies that a pecial Permit has been granted
To Something, Inc. (113 -85)
Address 50 Cliff Road
C_:t`'
J
atfecting the : nts of iif' oP, its'I' With respect to ll" or 5L,.iIC1liij_,s at
Lot 1, Plan No. 15515 -C Assessor's Map 41 -28
And the said Board of Appeals further certifies that the decision attached hereto is a tripe and
correct copy of its decision granting said special permit, and that copies of said
decision, and of all plans referred to in the decision, have been filed with the planning board and
the city or town clerk.
The Board of Appeals also calls to the attention of the owner or applicant that General Laws,
: liaptzr 40A, Scctioii i �114�,t paragraph) provides that no special permit, or any ex-
tension, modification or renewal thereof, shall take effect until a copy of the decision bearing the
certification of the town or city clerk that twenty days have elapsed after the decision has been
filed in the office of the city or town clerk and no appeal has been filed or that, if such appeal ras
been filed, that it has been dismissed or denied, is recorded in the registry of deeds for the county
and district in which the land is located and indexed in the grantor index under the name of the
owner of record or is recorded and noted on the owner's certificate of title. The fee for such recor-
ding or registering shall be paid by the owner or applicant.
Chairman
Clerk
109- 04 S & WARREN.; NC MEvtsj o
BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, MASSACHUSETTS 02�74
DECISION:
At a Public Hearing of the BOARD OF APPEALS held on FRIDAY, DECEM-
BER 13, 1985 at 1:30 p.m. in the Town and County Building, Nantucke', in
the matter of the Application of SOMETHING, INC. (113 -85) address,
Cliff Road, Nantucket, MA 02554, the Board enters the following Decision
and makes the following findings:
1. Applicant seek a SPECIAL PERMIT under Zcninr R„ -?.a: SECTION
139 -33 to extend or alter a pre - existing non - conforming structure by adding
455 SF to the kitchen area. �uriginaiiv, Appiicanc sou2hL a variance under
Sect�Oil 1 ,9 -1? _or ,I-eliaf from any resulting parking ceq.t1L.em -11ts, r .hid
request was withdrawn at out hearing.) The premises are locat2< tt S(' 17LIFF
ROAD, Lot No. 1 of Plan 15515 -C, Assessor's Map 41, Parcel 28, in the
pFCTDF ^ITTaI •- LLD- H?STO"T'' zoninz
2. Based upon the Application papers with accompanying site plan,
7D. esentation ldrawinbs "as built" an't'i "-ropose_ ", aiir DA mite plans of 10/25
and 11/13/85, together with testimony, viewings, representations and cor-
respondence received at the hearing, we find that the principal structure
containing the kitchen pre -dates the Zoning By -Law. The structure is non-
conforming in being a commercial one since the summer of 197/1 and not
simply a single - family residence. We are told that the kitchen is and has
been used in the manner of a commercial bakery with off - premises delivery
of baked goods. Foods prepared on -site are also sold for take -out to the
public. With one cash register, this establishment may be characterized
as having one take -out service station.
3. With acquisition of the business in 1985, use was made of a
better bake oven located at the Skipper Restaurant. Applicant proposes to
replace the two existing pizza- typeovens with this bake oven for greater
'ef4ciencyp-shorter total baking time per day, etc. t8• hour n,.rather..thanr.
`e'•;:f _ �r*�'`"'���Sk":l'E "''1�4�K it 'fir ''�+e' _ ��, � .r `� � _ ." f t y f .. ` �y , � _ :' _ _.
- "'�..�_ .i.�..:.••rLr.::�aE' �+�e. +'� .».,:.lrw`- .+= .- r.'v,rr _; �•.. s'.►'..,:. �. s,:. ..- ..,n...,...,......�.:— �+«-.�
(123 -855) -2-
12 to 20). -o accommodate it, the kitchen is to be extended to the
Thus even closer to the northerly abuttors who front on the soutn side of
Cliff Road. No increase in cooking odors or other emmissions are pr.o ected
by Applicant. Operating hours will remain between about 5 a.m. to i p.m.
with service to the public starting no earlier than 7 a.m. The oven is
fired with fuel oil.
4. Applicant does not characterize his establishment as a restaurant.
No undercover seating has been or will be provided; in fact, no seating was
evident. Deliveries may be increased for which loading facilities may be
required. No increase in employees or take -out patronage is projectedi. E,
common victuaiers license is held. Retail sale of grains, natural health
foods and *_he like has been abandoned.
possib? y for an accessory huildi ^ : :7s-ec4_`i ed _: ta-
and use close to the northerly lot line, there appears to be no problm
as to setback.
6. Abuttors by telephone and testimony opposed the extension and
• ^+%.'.. n.Y. - -: .'� f�YM',:'r;n; b^':�'t;.+:'.i+" � «. a.y+t�9.'•ei: :,X "`'r.';.c. +.s�. N ..t i.: ice' •- ... .- - - _ :; i ::L:, . ..:r :p . 4r �S x. ;..�•. :-z".?
expressed concern with increased fumes, noise and traffic. Their concerns
appeared allayed in part by representations on behalf of Applicant noted
a' cve. Accord inQ?_ ind r�tat the )i000sed lL 1:J1�JL or alterat nLL of
the kitchen area will not be substantially more detrimental to the neigh-
borhood than the existing non - conforming structure. The extension will be
in harmony with the general purpose and intent of the zoning chapter.
7. Whereupon, this Board by UNANIMOUS vote GRANTS to Applicant the
requested SPECIAL PERMIT under Section 139 -33 as set forth above.
Dated: December 18, 1985 a�,
Nantucket, MA 02554 _,..�/� --. �`
William R. Sherman
Andrew J. Leddy
C. Mar a13:; Beale .
— .�...� ti 4"J rt._ '�� -. CY' +�`` �� y i.�r •. .. n , f - a.._s.a. .a � .. �.._.. .. ... .. .. .A ..
BOARD OF APi�EAI,S
TOVf"N OF NANTUCKET
NANTUCKET, MASSACHUSETTS 02554
DECISION:
At a Public Hearing of the 11 iOARD OF APPEALS held on FRIDAY, DECEM-
BER 13, 1985 at 1:30 p.m. in the Town and County Building, Nantucket, in
the matter of the Application of SOMETHING, INC. (113-85) address, 50
Cliff Road, Nantucket, MA 02554, the Board enters the following Decision
and makes the following findings:
1. Applicant seek a SPECIAL PERMIT under Zoning By-Law SECTION
139-33 to extend or alter a pre-existing non-conforming structure by adding
455 SF to the kitchen area. (Originally, Applicant sought a Variance under
Section 139-18 for relief from any resulting parking requirements, but this
request was withdrawn at out hearing.) The premises are located tt 5G CLIFF
ROAT", Lot No. 1 of Plan 1551.5-C, Assessor's M�ip 41, Parcel 28, in the
I<ESTDENTTAL-OLD-HISTORIC zoning district.
2. Based upon the Applicatiqn ptpe.rs with accoriipanying sit-e i;Ia-..,
pi:esentation dra-wings "as built" a�d "prcposPd`, and DA site plans of 10125
and 11/13/85, together with testimony, rppre7onitations and ._:or-
respondence received at the hearing, we fiT-(!. that 10--he principal structure
containing the kitchen pre-dates the Zoning By-Law. The structure is non-
conforming in being a commercial one since the surnmer of 1971 and not
simply a single-family residence. We are told that the kitchen is and has
been used in the manner of a co=prcial_bakery with off-premises delivery
of baked goods. Foods prepared on-site are also sold for take-out to the
public. With one cash register, t his establishment may be characterized
as having one take-out service station.
3. With acquisition of the business in 1985, use was made of a
better bake oven located at the Skipper Restaurant. Applicant proposes to
replace the two existing pizza-typeovens with this bake oven for greater
efficiency, shorter total baking time per day, etc. (8 hours,rather.than�l�
r
(113 -85)
-2-
12 to 20). To accommodate it, the kitchen is to be extended to the north,
thus even closer to the northerly abuttors who front on the soutiA side of
Cliff Road. No increase in cooking odors or other emmissions are projected
by Applicant. Operating hours will remain between about 5 a.m. to 7 p.m.
with service to the public starting no earlier than 7 a.m. The oven is
fired with fuel oil.
4. Applicant does not characterize his establishment as a restaurant.
No undercover seating has been or will be provided; in fact, no seating was
evident. Deliveries may be increased for which loading facilities may be.
required. No increase in employees or take -out patronage is projected. A
common victualers license is held. Retail sale of grains, natural health
foods and the like has been abandoned.
5. Except possibly for an accessory building of unspecified vintage
and use close to the northerly lot line, there appears to be no problem
as to setback.
6. Abuttors by telephone and testimony opposed the extension and
expressed - concern with increased fumes, noise and traffic. Their concerns
appeared allayed in part by representations on behalf of Applicant noted
above. Accordingly, we find that the proposed extension or alteration of
the kitchen area will not be substantially more detrimental to the neigh-
borhood than the existing non - conforming structure. The extension will be
in harmony with the general purpose and intent of the zoning chapter.
7. Whereupon, this Board by_�ANIMOUS vote GRANTS to Applicant the
requested SPECIAL PERMIT under Section 139 -33 as set forth above.
Dated: December 18, 1985
Nantucket, MA 02554
William R. Sherman
Andrew J. Leddy
C. HarAhall,teale
LAW OFFICES
H0LMES, HAYS & FiTZGERALD
35 CENTER STREET
NANTUCKET, MASS 'J25t5q
WAYNE F HOLMES
wILL'AM ", NAYS 01 AREA =GDE
JULIE A. FITZGERALD 22,9 -;S32
anuary 13, 1989
Mr. William Sherman, Chairman
Board of Appeals
Town & County Building
Nantucket-, MA 02554
RE: Application for :Special Permit
Owner /Applicant: Something, Inc.
Premises: 50 Cliff Road
Bear Mr. Sherman:
Enclosed for filing, please find the following:
1. Application plus three (3) copies;
2. Certified Abutters List plus three (3) copies;
3, Four (4) copies of the site plan;
4. Two (2) sets of mailing labels;
5.
Copy
of
Board of Appeals Decisioni No, 113 -85; and
6.
Check
in
the amount of $200.00
Would you kindly place this matter on your agenda for
February 10, 19p9.
Very truly yours,
Julie A. Fitzgerald
JAF /mc
enc (s)
cc: Mr. Matthew Fee
Ms. Joanne M. Holdgate, Town Clerk
.._..__.. ._.__..- _. ,....., ..,.,»r�,.M:, .r�.-•- -s�-r. a�rr ,aWnwm- 'sA;?MtBRT'rt7{i'�M'"'416
<: THE`.C.0X1MONWF.AI<.TtU0 - SAS T s' '
. �..- s � ;, � � rte• _ s:
-..-
,r
HOARD OF APPEALS
Date: December 18 , 19 � 5
Certificate of Granting of�riance-err-Special Permit_
(General Laws Chapter 40A, Section 1 l )
The Board of appeals of the City or Town of Nantucket
hereby certifies that a Va4auce.�Special Permit has been granted
To Something, Inc. (113 -85)
Address 50 Cli.f f Road
City or Town Nantucket _
affecting the rights of the owner with respect to lasid or buildings at 50 C]-if f Road, _
L.ot 1. Plan No. 15515 -C Assessor's Ma 41 -28
And the said Board of Appeals further certifies that the decision attached hereto is a true and
correct copy of its decision granting said special permit, and that copies of said
decision, and of all plans referred to in the decision, have been filed with the planning board and
the city or town clerk.
The Board of Appeals also calls to the attention of the owner or applicant that General La,,%,S,
Chapter 40A, Section 11 (last paragraph) provides that no special permit, or any ex-
tension, modification or renewal thereof, shall take effect until a copy of the decision b, aring t o
certification of the town or city clerk that twenty clays have elapsed after the decis � Ti has be<-1
filed in the office of the city or town clerk and no appeal has been filed or that, if such appeal has
been filed, that it has been dismissed or denied, is recorded in the registry of deeds for the county
and district: in which the land is located and indexed in the grantor index under the name of the
owner of record or is recorded and noted on the owner's certificate of title. The fee for such recor-
ding or registering shall be paid by the oN% ner or applicant.
Chairman
i
, i,RM 1094 rIC6c•S `. WARREN INC 4F,. ,.
BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, MASSACHUSETTS 02554
DECISION:
At a Public Hearing of the BOARD Of' APPEALS held on FRIDAY, DECEM-
BER 13, 1985 at 1 :30 p.m. in the Town and County Building, Nantucket, in
the matter of the Application of SOMETHING, INC. (113 -85) address, 50
Cliff Road, Nantucket, MA 02554, the Board enters the following Decision
and makes the following findings:
1. Applicant seek a SPECIAL PERMIT under Zoning By -Law SECTION
139 -33 to extend or alter a pre - existing non - conforming structure by adding
455 SF to the kitchen area. (Originally, Applicant sought a Variance under
Section 139 -18 for relief from any resulting parking requiremorits, but this
request was withdrawn at out hearing.) The premises are located tt 50 C-TFF
ROAD, Lot No. 1 of Plan 15515 -C, Assessor's Map 41, Parcel 28, ill the
RESIDENTIAL - OLD - HISTORIC zoning district.
2. Based upon the Application papers with accompanying site 01an,
presentation drawings "as built" and "proposed", and DA site plans of 10/25
and 11/13/85, together with testimony, viewings, representations and cor-
respondence received at the hearing, we find that the principal structure
containing the kitchen pre -dates the Zoning By -Law. The structure is non-
conforming in being a commercial one since the summer of 197/1 and not
simply a single - family residence. We are told that the kitchen is and has
been used in the manner of a commercial bakery with off - premises delivery
of baked goods. Foods prepared on -site are also sold for take -olit to the
public. With one cash register, this establishment may be characterized
as having one take -out service station.
3. With acquisition of the business in 1985, use was made of a
better bake oven located at the Skipper Restaurant. Applicant proposes to
replace the two existing pizza- typeovens with this bake oven for greater
efficiency, shorter total baking time per day, etc. (8 hour&;,rather.than•-
(113 -85) -2-
12 to 20). To accommodate it, the kitchen is to be extended to the north,
thus even closer to the northerly abuttors who front on the south side of
Cliff Road. No increase in cooking odors or other emmissions are projected
by Applicant. Operating hours will remain between about 5 a.m. to 7 p.m.
with service to the public starting no earlier than 7 a.m. The oven is
fired with fuel oil.
4. Applicant does not characterize his establishment as a restaurant.
No undercover seating has been or will be provided; in fact, no seating was
evident. Deliveries may be increased for which loading facilities may be
required. No increase in employees or take -out patronage is projected. A
common victualers license is held. Retail sale of grains, natural health
foods and the like has been abandoned.
5. Except possibly for an accessory building of unspecified vintage
and use close to the northerly lot line, there appears to be no problem
as to setback.
6. Abuttors by telephone and testimony opposed the extension and
expressed concern with increased fumes, noise and traffic. Their concerns
appeared allayed in part by representations on behalf of Applicant noted
above. Accordingly, we find that the proposed extension or alteration of
the kitchen area will not be substantially more detrimental to the neigh-
borhood than the existing non - conforming structure. The extension will be
in harmony with the general purpose and intent of the zoning chapter.
7. Whereupon, this Board by UNANIMOUS vote GRANTS to Applicant the
requested SPECIAL PERMIT under Section 139 -33 as set forth above.
Dated: December 18, 1985
Nantucket, MA 02554
William R. Sherman
-A raw
Andrew J. Leddy
it J 11
C. Marshall. Beale
-
naPez��c�;
NANTUCKET ZONING BOARD OF APPEALS ( "BOA ")
Owtt r' s name (s) : SOMET_HING, INC. ,
tla�l.ing Address! 50 CLIFF ROAD, NANTUCKET, MASSACHUSETTS.
Q2554
App IIcant's name : SOMETHING, INC.
HnII1.ng address: Same _
Location of lot(s)! Assessor's map and parcel! 41-28
Street address 50 Cliff Road
ItQgistry LC PL, Pt. 13K & E'G, N, FL 15515C Lot i beed eef .Cert. of
Subdivision Title No. --
1967 Endorsed _ //_ ANEt? 11,562.
Uate Lot(a) acquired: /`/ 85_ Zoning district ROH
Number of dwelling units on lot(s)! one (1) Rental Miuest Rooms NONE
Cominerciat use oh lot(,$): YES MCb1 No
Bdil.ding date(s)! all pre -'72 zoning? SOME PRE -72 or SOME POST 72
building permit application Nos. acid dates C of 0?
Case No(s). or dates all prior BOA applications: 113 -85'
State fully all zoning relief sougtit together with all respective Code sections
and subsections# specifically, what you propose compared with predent and
what grounds you urge, for BOA to make each finding per-:,Section 139 -32A if
Variance, -30A if Special. Permitf -33A if to alter ok extend hon- conforming
use, or to reverse Building Inspector byyAppeal. per -31A & B!
Applicant seeks a special Permit pursuant to Section 139 -33 or in the
alternative a variance pursuant to Section 139 -32'?1 to allow an
addition of 615 square feet to the existing structure to provide
space for an additional baking oven and a larger entry in the front of
building to improve customer service and add one ; {1) service station.
r. - _ I