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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