HomeMy WebLinkAbout014-89cwt -�
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
/nCt� /? , 1982'
File No.
WA
ME
To: Parties in interest and others
Re: Decision in the Application of
M I AJ610 / TIkC. 6 814 THE M US 6
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, 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.
cc: Building Commissioner
Planning Board
Town Clerk
William R. Sherman, Chairman
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NANTUCKET ZONING
BOARD OF APPEALS
NANTUCKET, MA 02554
At a public hearing on Friday, April 28, 1989, at
2:00 p.m. in the Town and County Building, Nantucket, on
the Application (014 -89) of MINGO, INC., dba The Muse
having an address at P.O. Box 2549, Nantucket, MA 02584,
the Nantucket zoning Board of Appeals made the following
DECISION:
1. Applicant seeks a Special Permit under zoning Bylaw
Section 139 -33A to alter and extend its existing
nonconforming commercial building by adding a new
front -entry vestibule at the north end, a deck between
that and the existing entry vestibule and, in the rear, an
attached storage structure.
2. The premises are located at 44 Surfside Road (formerly
Atlantic Avenue), Assessor's Parcel 67 -119, Lot 20 of Land
Court Plan 26439 -E (with the leased parking area at 40
Surfside Road, Assessor's Parcel 67 -015, Lot 11 of Land
Court Plan 38132 -D) in the Residential -10 zoning district.
3. Our findings are based upon the record in this and
prior applications 006 -86 (Special Permit) and 051 -88
(modification), including 11/4/87 mortgage plot plans for
Lots 20 and 11 (our Exhibits A -1 and A -2), 2/3/89 drawings
of proposed Phase I and Phase II additions to the Muse
(our Exhibits B -1 and B -2, HDC Certificate of
Appropriateness 19,381 of 2/7/89), viewings and
correspondence and photoprints, testimony and
representations received at our hearings of March 31 and
April 28, 1989.
,4. Applicant's Lot 20 has 88' of frontage on Surfside Road
with the northerly 20' or so of that frontage providing
entry to a 12' -wide private way extending to the northeast
across the northwest corner of the Lot. On the Lot is a
one -story "entertainment club building" set back from the
street line about 1' more than the required 20' front -yard
setback and about 10' from the private way. The 6.4'
setback from the southerly lot line is less than the
required 101, and ground coverage ratio is 30 %, about 50%
over the allowable 20% GCR. However, Lot 11 was
represented to be available under lease for commercial use
by the Muse. The effective GCR is made conforming by the
merger of Lots 20 and 11 for zoning purposes. See 006 -86.
5. In addition to the dimensional nonconformity, the
commercial uses are nonconforming. Applicant's
representation that the present commercial uses pre -date
File No. 014 -89
r 1972 zoning was not challenged here. Accordingly, the
additions which Applicant here proposes can qualify for
Special Permit relief under Section 139 -33A provided we
find that they are not substantially more detrimental to
the neighborhood but in harmony with the Code. We make
that finding subject to the conditions stated below.
6. The proposed Phase I addition is the new front
vestibule. Its purpose is to provide an enclosed space
accessible to patrons of the take -out pizza business
without their going into the bar and entertainment areas.
This addition is understood to be responsive to the
suggestion of the Chief of Police that such a separate
area be provided so that minors need not enter where
liquor is served in order to get a pizza. It is commended
by the Town Health Officer to provide a screened and
protected area between the kitchen and outdoors. The new
vestibule will accommodate a one - station take -out service
and is represented as not entruding into the required
setback, treating the lot line bounding the 12' way as not
a front lot line.
7. Phase I also includes a new deck between the front
vestibules plus a handicapped access ramp leading up to
the deck. In Exhibit A -1, the ramp is located across the
new front vestibule and, in Exhibit B -1, across the
existing vestibule. Whichever is built should not intrude
into a setback (unless exempted under State law, and then
be the least intrusive). The existing vestibule is to be
modified to provide a ticket window and storage area with
elimination of one door (unobjectionable unless a risk to
safety to patrons leaving in an emergency).
8. Phase II concerns the rear storage structure for used
bottles to be recycled. This addition is regarded as a
benefit to the neighborhood and community.
9. Applicant proposes to locate 10 off - street parking
spaces behind the building on Lot 20 per Exhibit A -1 and
the remaining 38 spaces (the two nearest being marked for
handicapped) on the adjacent triangular portion of Lot 11.
These spaces are represented as meeting the requirements
of Section 139 -18 corresponding to the uses of the
premises. (Off- street parking for the employer dormitory
on the remote triangular portion of Lot 11 is understood
to be on that portion of the Lot.) Since sole access to
the rear 10 spaces is via a 10' -wide driveway along the
northerly wall of the building, its use is more
appropriate to employees than to transient patrons. The
required loading area is also in the rear.
10. Section 139 -18F requires that the parking areas be
screened by a "densely planted compact hedge" (or fence)
but the height across the frontage of Lot 11 should not
- 2 -
File No. 014 -89
impair visibility onto Surfside Road at the exit. The area
is now screened by pine trees.
11. Our principal concern is for safety as to vehicles
leaving and entering Surfside Road. Neither Applicant nor
its predecessor has installed the "elongated traffic
barrier" required by Special Permit 006 -86 along the front
of Lot 20 (nor the parking control lines of modified
permit 051 -88, now lapsed). Applicant marked our Exhibit
A -1 to show an elongated traffic control 'island' defined
by parking control lines to define an entry for vehicles
at the south end of the frontage. The 12' way defines the
exit at the north end of the frontage. No vehicle would be
allowed to park anywhere across the front of Lot 20 but
simply to drive through to drop off or pick -up passengers.
Applicant's proposal is accepted as a condition of this
further Special Permit as a substantial improvement upon
the present, inherently unsafe parking at random across
the front of the building and onto Surfside Road. The
traffic control island, being entirely on Applicant's Lot
20 and not on the public way, should with appropriate
landscaping, signage and policing make clear that parking
is allowed only in the rear and preferably on Lot 11.
12. We, therefore, condition grant of the requested
Special Permit upon Applicant providing the parking areas
and the elongated traffic island in substantial conformity
wih Exhibits A -1 and A -2 as described above. Relief is
further conditioned on the additions being constructed in
substantial conformity with Exhibits B -1 and B -2 plans.
13. Validity of this Special Permit is also subject to
Applicant's commercial uses not reaching the threshholds
for a Major Commercial Use, as set in Section
139- 9B(4)(a)[1], by changes since April 1984. Only the
Planning Board can grant a Special Permit for an MCD.
,14. Subject to the above conditions, this Board grants to
Applicant the requested Special Permit under Section
139 -33A to construct the proposed additions.
Dated May/,'-), 1989
William A..S rm n
M-i.Qha4�1 O' Mora
e -W. Waine
NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554
March 16, 1989
NOTICE
A public hearing of the Board of Appeals will be held
on Friday, March 31, 1989, at 1:00 p.m. in the Town
and County Building, Nantucket, on the Application of:
MINGO, INC., dba The Muse
Board of Appeals File No. 014 -89
seeking a Special Permit under Section 139 -33A to alter
and extend its existing commercial building, said to
pre -date 1972 zoning, by adding a new front entry
vestibule on the north end, a deck between that and the
existing entry vestibule and, in the rear, an attached
storage structure.
The premises are at 44 Surfside Road (formerly, Atlantic
Avenue), Assessor's Parcel 67 -119, Lot 20 on Land Court
Plan 26439 -E (with the leased parking area at 40 Surfside
Road, Assessor's Parcel 67 -015), zoned Residential -10. See
prior Special Permit 006 -86 as modified in 051 -88.
William R. Sherman, Chairman
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BOA Form 1 -89 NAHCKJIT ZONING BOARD OF APPEALS
TOWN AND COUW1'Y; BUILDING Date
NAMUCKET, WA 02554
CASE No:�_
�anvrTraTTA�i FOR RELIEF"
,�•
Owner's name(s):
Mailing address: d aS
Applicant's name:
Mailing address:
SA SA �A�vA K
Location of lot: Assessor's map and parcel number
Street address: a , 7 pie
Registry Land,Ct Plan, Plan Bk & Pg or Plan File 2643)e' Lot 7-6
Date lot acquired:' �/4j.fd Deed Ref _,— Zoning district
Uses on lot c erciay None _ or
MCD ?__
number of: dwellings_ duplex_ apartments— rental rooms—
Building date(s): all ire -8/72. ? v1 Or C of 0 ?—
Building Permit appl'n. Nos.
Case Nos. all BOA applications, lawsuits:
State fully all'ZOn' relief sought and respective Code sections to resnt
and subsections, specifically what you propose compared er Section
and what grounds you urge for BOA to make each finding p
13 -32A if Variance, 139 -30A if a Special Permit ( and 139 -33�A
✓ if to alter or extend a nonconforming use). if app per
y B _ attach decision or order appealed. oK to attach addendum .
%�c� %/ � 6f /E
{ �1
Items enclosed as part of this Application: orderl addendum2_
Locus map — Site plan ✓ showing present ✓ +planned structures
Floor plans present a proposed � elevati'ons (HDC aapproved? ✓�
Listings lot area frontage setbacks GCR parking data_
Assessor- certifienaddressee list 4 sets Tmajling labecovenants /
8200 fee payable to Town of Nantucket proof 'cap'
1(If an appeal, ask Town Clerk to sen Bldg Comr's record to BoA.1
I certify that the requested information submitted is substantially
complete and true to the best of my knowledge, under the pains and
penalties of p jury. /
SIGNATURE Applicant ✓ Attorney /agent —
/ 3(If not owner or owner's attorney, enclose proof of authority)
3 `/ G / FOR BOA OFFICE USE
r
Application copies reed: 4 or fo /r BOA one by - i
One copy filed with Town Clerk one %� by complete?
L;
One copy each to Planning Bd and Building.Dept_-i//�, by �-
by L- �'JJwaived ?_
$200 fee check given Town Treasurer on__?
1�
Hearing notice posted /i ('mailed- JAI &
Hearing(s) on_/__ /_ cont'd to__J--/_,
withdrawn ?..�___.
i filed TC _J_ mailed__/_ _J_
Decision due by__,,�� made_/ _J_ �
----- other _
BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET,,•MASSACHUSETTS 02554
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ECI5ION
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t��;� �` -•.• At a Public Hearing of the BOARD OF -APPEALS held on FRIDAY, APRIL
,1988 at 1:30 p.m. in the Town and County Building, Nantucket'; in the j
�^ fatter_. -of the Application of ISLAND MANAGEMENT, INC. (051 -88) "address
€ SGSurfside Road, Nantucket, `
1� 02584, the Board enters the following��Decisio`
aid: makes the' following findings:
y
' 1., 1.;:Applicant seeks an amendment to a SPECIAL PERMIT under-SECTION
!9=3-1A .-namely, _the prior isss�ued Special Permit (006 -86) authorizing s
r.,,,pAicant..to--.', c onstruct a vestibule on condition that Applicant build a
traffic barrier or, in the alterfiative, a new Special Permit under-Section
397 to alter or extend a prior} existing non - conforming= use`�bys'allowing
ha `unconditional construction of said vestibule. The property = -is 'located
at= ":ATLANTIC AVENUE (now $•drfside Road) Lot 20 on Land Court Plan {
c.-26439 -E filed with Certificate of Title No. 6664 and is•,in the RESIDENTIAL-`
t l0 ,honing district, Assesor's Parcel 67- 015. .,.+
a,*�►; =Z. Based upon the Application papers, viewings, site plan, testimony and
;;representations at the Hearing on April 29, 1988, we find that in our prior,
. 'decision dated March 4, 1986, (006 -88) this Board made the fin
ding" �'•
,at"20 and Lot 11 were merged for zoning purposes as they were under common'1": -4.
ownership. We find that, in fact, at -the time of the prior permit and at
his ime,•Lot 26 is owned by Island Management, Inc. and Lot 11, as shown
og: and .Court Plan 38132 -D,is owned by W.B.B.O., Inc. However, Applicant'
a ,en,and' does have now,a long -term lease for parking on the-south- ". -.
as. a� .• . y portion of said Lot 11, such parking needed for Lot 20 uses. See
Ir
} laa•annexed hereto and identified ".parking area ". Further,_.our prior
e 466 i'wad' :.granted on the condition that:
�> �;•4, •,
An elongated traffic barrier shall
be properly
installed and maintained
along the
front lot-
line proximate ..Surfside
Road so as
to provide..
:a clearly defined entry
and exit to
the Muse.
Design` details are left
to Applicants'
deter -
-`;
mination in consultation
with the
Traffic and
Safety Committee and the
Planning
Board."
int presented to this Board an excerpt from the minutes of a meeting
Traffic.Safety•Committee on April 3, 1986, in which the Traffic
,,Committee recommended that no traffic barrier (berm) be installed.
3nning;Board's recommendation was unfavorable to Applicant's request:
Lief here, saying "consolidated access to commercial uses is vital to
ig_traffic hazards on arterial roads." Applicant has never constructed,.:;:,'
3rrier and, therefore, a question of compliance with the Special'; >k: -"
.has been raised.
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3• Applicant stated that it would mark parking control
.,.'.'lines on the caved area in front of The
Muse on Lot 20 showing
...'perpendicular parking Qt the building and parallel
""the- front lot line
n parking along
proximate Surfside Road leaving, however
K�. adequate entry and exit driveways between
'the
parallel parking. the lot lines and
4. Upon the condition that Applicant properly mark
-parking control lines as aforesaid, we find,that
'may
.Special, Permit the rior i
be amended by 'striking the condition -that
raffic..'. barrier
be built, that 4he right -to:
fop satisfy the requisite park .'on -1-o t- 11 1
s necess ary
parking reiquirements for the use of -the,
that the graftting of this
amendment to the prior!-
--`'Special Permit is in harmony with the -Purpose
general
-of-the.-he of Town of and intent
R.. Nantucket.
5. Accordingly, this Board by UNANIMOUS vote GRANTS --to
Applicant the requested AMERDPNT TO SPECIAL
PERMI T subject-,to
above stated condit n.
4-,Dated: May 1968
Nantucket, MA 02554
Andrew J. Leddy
K,
DO 0
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2,
1 Certificate No.Jj t �+
Date Issued:
AAPPLICATION TO THE HISTORIC DISTRICT COMMISSION
Nantucket, Massachusetts for
CERTIFICATE OF APPROPRIATENESS - STRUCTURAL WORK
An application is hereby made for issuance of a Certificate of Appropriateness under Chapter 396 Acts and Resolves of
Massachusetts. 1970 Proposed work as described below, and on plans, drawings and photographs accompanying this appli-
cation. This Is a contractual agreement. Fil] out in ink.
TAX MAP NO. L% PARCEL NO.
OWNER OF RECORD:
HOME ADDRESS : DATE f "i1 ;1� i•, .
�
t
ADDRESS OF PROPOSED WORK: ZIP• % TEL. NO.: -
NAME AND ADDRESS OF AGENT:
IP:� ,.., TEL. NO.: - �
All drawings submitted must be of f scale and will be retained by this office.
DESCRIPTION DWELLING ADDITION GARAGE
OF WORK COMMERCIAL_ RAZING or DEMOLITION '
HISTORIC RESTORATION_ PAVING_ STEPS_ FENCE_ GATE_ OTHER_
SIZE OF STRUCTURE: Length f Width �•j_ -:'�
i . Square Footage
WOOD DECK : ! ' '
Size lot Fl. 2nd Fl.
DIFFERENCE BETWEEN EXISTING GRADE AND FINISH GRADE: Af.l�v
�� i
HEIGHT OF RIDGE ABOVE FINISH GRADE: N.
S. E. W.
DETAIL I. Foundation: Height Exposed g P Con. Blk.
2. Chimney: Block parged ��° Blk. parged Brick type
Brick Type
Ood Garage Doors Wood Louvers
kylight: (Flat Only) Type Size oof Pitch: ; Dormer Pitch Other RPROVED
/ You are retni� th" no t0
C= 6, oofing Material: Asphalt Wood Other
". t Ft ,d#*r froth s�oler Bled
l_J i 7. Bader Material Size '>{CatiOtfl LPltjlOwO/
8. utter Material Site
Of the C;Ot�
inn 9. Fascia Size Soffit Overhan
J g Rakeboard size Cornerboard Size x 1 ,
n 0. 'idewall: White Cedar Shingles y Clapboard P Other
indow style: Double hung ! Crankout
muntins ,,/ 1� Snap -in GrillsL_,
12. Door type: Front i , "" Rear ----r.. 11 i Other
Material
COLOR Sidewall Roofing +
Doors i
Trim i� Foundation t '�
Fence
Sash Shutters i
Received by HDC office
SIGNATURE OF O ER 0 F RECOR
VALID FOR 12 MONTHS FROM DATE OF ISSUANCE. MAY BE RENEWED. NO STRUCTURE MAY DIFFER FROM THE APPROVED
APPLICATION.
i
APPROVED ! i'°•� �' : _ �•
- DISAPPROVED
�Tairman
COMMENTS:
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