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Home My WebLink About005-89oaf -g? NANTUCKET ZONING; BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 February.21 , 1990, File No. 005 -89 To: Parties in interest and others Re: Decision in the Application of JOHN F. GIFFORD, LESSEE AND SHERBURNE REALTY ASSOCIATES, OWNER Enclosed is the decision of the Board of Appeals which has this day been filed with the Nantucket Town Clerk. An appeal from this decisiorf may be taken pursuant to Section 17 of Chapter 40A,�Massachusetts 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. Y� William R. Sherman, Chairman cc: Building Commissioner Planning Board Town Clerk BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS DECISION: The BOARD OF APPEALS, at a public hearing held on Friday, February 10, 1989, at 1:00 P.M., at the Town and County Building, Broad Street, Nantucket, made the following Decision upon the Application of SHERBURNE ASSOCIATES REALTY TRUST, Owner and Lessor, and JOHN F. GIFFORD, Applicant and Lessee (005 -89). 1.. Applicant requests a SPECIAL PERMIT under Nantucket Zoning By -law Section 139 -18.G (Waiver, Off- street Parking) to enable alteration of existing space in Applicant's fish market for use as a separate shop for the sale of ice cream products. One additional take -out food station with no interior seating will result. There will be no alterations in the existing footprint of the building; minor exterior alterations are proposed. The premises are located on STRAIGHT WHARF (Assessor's Parcel 42.2.4 -001), Land Court Plan No. 10222 -A, and are zoned RESIDENTIAL - COMMERCIAL. 2. The Board's findings are based upon the application papers, including Land Court Plan No. 10222 -A, site plans and floor plans showing the present and proposed structure, viewings, and testimony and representations received at the public hearing. 3. The premises are located on a parcel of land known as Straight Wharf. The premises currently house Applicant's fish market. Also located upon Straight Wharf are a variety of other commercial structures and residential dwellings. No parking is provided for any of these uses. These uses and structures upon Straight Wharf predate the enactment of the Nantucket Zoning By -law in 1972, in .he=-.• f 4. Applicant proposes to convert a portion of the premises now used for the fish market to a separate shop for the sale of ice cream products. The interior floor plan of the existing structure will be altered to accommodate this new shop. The footprint of the existing structure will not be altered. The only exterior changes to this structure will be construction of one exterior door, relocation of certain mechanical equipment, and erection of fencing to screen existing and relocated mechanical equipment. The proposed ice cream shop will house one interior take -out food station. There will be no interior seating and no exterior food service. 5. Applicant currently employs a maximum of eight employees per shift at the fish market and proposes to employ a maximum of two employees per shift at the ice cream shop. Applicant proposes to have the ice cream shop open from approximately 10:00 A.M. to 10:00 P.M. 6. The proposed ice cream shop will serve existing pedestrian traffic on Straight Wharf and will not increase the number of people visiting Straight Wharf. As a result, no additonal parking problems will be created in the area. 7. The Board finds, that in addition to the requested relief under Zoning By -law Section 139 -18.G, relief under Zoning By -law Section 139 -33.A (Alteration of Preexisting Nonconforming Structure and Use) is required and that such relief may be granted in connection with this Application. This Board further finds that the granting of the requested relief is in harmony with the general purposes and intent of the By -law, that the proposed alteration will not be substantially more detrimental to the neighborhood than the existing use, and that the provision of off - street parking as required by the By -law is physically impossible for Applicant to provide. 8. No objections to the Application were made at the public hearing. 9. Accordingly, this Board, by UNANIMOUS vote, hereby grants relief under By -law Sections 139 -18.G and 139 -33.A by SPECIAL PERMIT to permit Applicant to alter existing space in Applicant's fish market for use as a separate shop for the sale of ice cream products and to make the changes to the premises as set forth in the application, expressly upon the following terms and conditions: (a) The maximum hours of operation of the ice cream shop shall be from 10:00 A.M. to 10:00 P.M.; (b) No interior seating shall be provided in the ice cream shop; (c) The ice cream shop shall have only one take -out food station; and (d) The total fish market and the ice employees per shift. Dated: , number of employees working in both the cream shop shall be limited to ter- MR 9- William R. Sherman 2 1 C. M shall Bdale) .J NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, FEBRUARY 10, 1989, AT 1:80PM, in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the application of John F. Gifford, Lessee (89), seeking a SPECIAL PERMIT under Zoning By -Law Section 139 -18.G (Waiver, Off- street Parking) to enable an alteration of existing space in applicant's fish market for use as a separate shop for the sale of ice crearr: products. 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 (Assessors Parcel 42.2.4 -001) and are zoned as RESIDENTIAL - COMMERCIAL. -� William R. Sherman, Chairman BOARD OF APPEALS BOA Form 1 -89 NANTTOOWNNTANDNCOUNTY BOARD BUILDINGAPPEALS Date NANTUCKET, MA 02554 CASE NO.00:�- o / APPLICATION FOR RELIEF 1 Owner's name(s): Sherburne Mailing address: c/o Reade & Alger P.C., P.O. Box 2U9 Nantucket MA n?-,a Applicant's name: John F. Gifford Lessee Mailing address: c/o Reade & ni r p n R Rnx 2669 Nantucket, MA 02584 Location of lot: Assessor's map and parcel number42.2_4- 001 Street address: Strai ht Wharf Registry Land Ct Plan, Plan Bit & n_- 10222 -A LotPart Cert. of Title Residential Date lot acquired: ��87 ^= _=^^ =` ?297 -- Zoning district Connereial Uses on lot - commercial: gopg._ oic Multiple retail units MCD? No - number of: dwellings_ duplex_ apartments_ rental rooms — Present structure expanded f O. Building date(s): all pre -8/72? _ or in 1979 C of Permit appl'n. Nos. 1098 -7 Case Nos. all BOA applications, lawsuits: None of record State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose compared to present and what grounds you urge for BOA to make each finding per Section 139 -32A if Variance, 139-30A if a Special Permit (and 139 -33A11 if to alter or extend a nonconIoappealed. OKltoaattachpaddendumz- & B , attach decision or order a p Applicant requests Special Permit relief under Zoning By -Law Section 139 -18.G, waiving the requirement for provision of off - street parking in connection with modification of certain space now used by applicant's fish market, to be used as a separate shop for sale of ice cream products. An additional take -out food station, with no seating, will result. No alterations in the footprint of the building are proposed. The only exterior changes will include construction of a new door, relocation of certain mechanical equipment on the (rear northerly) side of the building and erection of fencing to screen existing and relocated mechanical equipment. Items enclosed as part of this Application: ordelanned addenductures Locus ma X Site plan X showing present X P approved? ) P_ _ elevations (HDC app Floor plans present proposed arkin data_ Listings lot area frontage setbacks_ GCR parking Assessor-certified—addressee list 4 sets X roof 11n'cap' covenant _ 200 fee payable to Town of Nantucket X P (If an appeal, ask Town Clerk to send Bldg Comr's record to BOA.) I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under the pains and penalties of per ry. SIGNATURE: 1, Applicant Attorney /agent X — 3(If not owner or owner's attorney, enclose proof of authority) FOR BOA O CE USE (�f� / Application copies reed: 4 or,_ for BOA on ___�by_�- PP complete? — One copy filed with Town Clerk on-41 Y One copy each to Planning Bd and Building Dept b � Lj b a ived ?— $200 fee check given Town Treasurer or4 �f Hearing notice posted—/ ailed�2/oi & M �� Hearing(s) on_/_/._ cont'd to�,_/_, �—/— withdrawn ?�_/_ Decision due by_/ —/_ made ��_ filed TC��_ mailed��_ See related cases lawsuits other