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050 --��
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: Septemberl3, 19 90
To: Parties in Interest and Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.: 050 -90
Owner /Applicant:
F_M.R.E. CORP
Enclosed is the Decision of the BOARD OF APPEALS which has
this day been filed in the office of 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 an complaint in court within TWENTY (20) days after
this day's 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.
Linda F. Williams, Chairman
cc: Town Clerk
Planning Board
Building Commissioner
N
P
DECISION:
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
The BOARD OF APPEALS at a Public Hearing held on FRIDAY, AUGUST
17, 1990 at 1:00 P.M. in the Town and County Building, Nantucket, made
the following Decision upon the Application of E.M.R.E. Corp. (050 -90):
(Box 726, Nantucket, MA 02554)
1. This is an Application for a Special Permit pursuant to Section
139 -30 and Section 139 -33A to expand and alter a pre- existing non -con-
forming use or structure and Special Permit relief pursuant to Section
139 -18G for parking relief. The property is known and numbered as 7
SOUTH WATER STREET and 12 CAMBRIDGE STREET, Assessor's Map 4231, Parcel
31, Lot D -2, Land Court Plan 8787B, Certificate of Title No. 11,970
and is zoned Residential - Commercial.
2. Based upon a review of the Application,
plans (Exhibit "A") and testimony, the Board find
consists of three food service uses, now known as
flake, and the North Wharf Fish House, one retail
as The T -Shirt Academy, and two apartments. There
spaces.
supporting documents,
s that the property
the Deli, The Downey -
establishment known
are two on -site parking
3. Applicant proposes to renovate the exterior and interior of
the three food service establishments and the apartment above them and
add 920 square feet of storage area and bathroom to the second floor.
The proposed renovations are necessary due to the condition of the
property and will bring the structure in compliance with building, health,
fire codes and handicap access requirements. Modern kitchen facilities
and interior layouts are proposed for the restaurant use. Special Permit
relief is requested to authorize the reconfiguration of the interior
space among the businesses. No additional ground cover, parking waivers
or other zoning relief should be necessary to validate the proposed
interior changes. Relief is needed only for the new storage area. There
is no proposed increase in seating capacity for the restaurant uses. The
seating capacity of The Downeyflake will be reduced to 76, The Fish
House seating will remain at 43.
4. The Board finds that Special Permit relief for the interior
layout and second floor expansion above a non - conforming side -line set
back may be granted and that alteration and expansion will not be
substantially more detrimental to the neighborhood as set forth in Section
139 -33A. The Planning Board's recommendation was favorable, and no
opposition was heard. The Board grants Special Permit relief from any
added parking requirements and finds that it is physically impossible
for the Applicant to provide on -site parking and the relief is in harmony
with the general purpose and intent of the Zoning By -Law.
d
The Board finds that the requested Variance relief from
Section 139 -19 (off- street loading facilities) is not necessary,
because the alteration and expansion proposed by the Applicant is
of such a degree and character that it does not modify the pre-
existing uses and structure and thus require the off - street
loading facility.
5. The Board places the following conditions upon the
Special Permit relief granted:
A. the two (2) existing on -site parking spaces shall be
retained;
B. all storage use must be ancillary to on -site
businesses;
C. the renovations must be completed in substantial
compliance with the plans presented to the Board.
(Exhibit "A" and on file with Town Clerk.)
6. For the reasons and upon the conditions hereinabove set
forth, the Board unanimously grants the Special Permit relief
with respect to the premises at 7 South Water Street and 12
Cambridge Street.
Dated:
William'R. Sherman
7 1
C. Ma shall B al
JL
WAYNE F. HOLMES
WILLIAM H. HAYS III
JULIE A. FITZGERALD
LAW OFFICES
HOLMES, HAYS & FITZGERALD
35 CENTER STREET
P. O. BOX I108
NANTUCKET, MASS. 02554
July 26, 1990
Ms. Linda Williams, Chairperson
Board of Appeals
Town and County Building
Broad Street
Nantucket, MA 02554
RE: Application of E.M.R.E. Corp.
7 South Water Street and 12 Cambridge Street
Dear Ms. Williams:
1990.
Enclosed for filing please find the following:
(508) 228 -0052
FAX (508) 228 -8943
1.
Application plus three
(3) copies;
2.
Certified Abutters List
plus three (3)
copies;
3.
Four (4) - copies of the
zoning information
sheet
and Locus map;
4.
Four (4) copies of the
interior layout
(existing
and proposed) of the first
floor;
5.
Four (4) copies of the
interior layout
(existing
and proposed) for the
second floor;
6.
Four (4) copies of the
seating plan for
the Downey -
flake;
7.
Four (4) sets of (4 pages
each) of the
HDC approved
elevations;
8.
Two (2) sets of mailing
labels; and
9.
Check in the amount of
$200.00.
Please schedule this matter for hearing on August 17,
Very truly yours,
Julie A. Fitzgerald
JAF /mc
Enclosures
CC: Mrs. Joanne Holdgate, Town Clerk
E.M.R.E. Corp
BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS July 27, 1990
TOWN AND COUNTY BUILDING Date
NANTUCKET, NA 0255
CASE No._ -_
APPLICATION FOR RELIEF
Owner's name(s): E.M.R.E. Corp.
Mailing address: Box 726, Nantucket, MA 02554
Applicant's name: Same
Mailing address: Same
Location of lot: Assessor's map and parcel number 4231- 131
Street address: 7 South water Street and 12 Cambridge Street _
Registry Land Ct Plan, RXXXXSKXRXRq}:QxXRYXRXRik% 8787- B LotD2
Cert.
Date lot acquired: __B/_2/85 Deed Ref 11,970 Zoning district R C
1 retail space
Uses on lot - commercial: None _ or 3 food serv. uses MCD ?NQ_
- number of: dwellings _,0_ duplex 0 apartments 2 rental rooms 0
Building date(s): all pre -8/72? yes or C of O.
Building Permit appl'n. Nos.
Case Nos. all BoA applications, lawsuits:
State fully all zoning relief sought and respective Code sections
and subsections, specifically what you propose compared to present
and what grounds you urge for BoA to make each finding per Section
139 -32A x if Variance, 139 -30A x if a Special Permit (and 139 -33A
if to alter or extend a nonconforming use). If appeal per 139 -3�A
& B , attach decision or order appealed. OK to attach addendum .
SEE ATTACHED ADDENDUM
Items enclosed as part of this Application: orderl addendum2 X
Locus map X Site plan X showing present X_ +planned x structures
Floor plans presentg proposed elevations x (HDC approved ?YE$
Listings lot area x frontage x setbacks_ GCR� parking data
Assessor - certifier addressee Iist 4 sets x ma ling labels 2 sets x
$200 fee payable to Town of Nantucket xproof 'cap' covenant
(If an appeal, ask Town Clerk to sent 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 perjury.L
SIGNATURE: -Lf�� Applicant _ Attorney /agent x
3(If not Jner or owner's attorney, enclose proof of authority)
FOR BOA OFFICE USE
Application copies rec d: 4_ or_ for BoA on_J _/_ by
one copy filed with Town Clerk on_ _J--/_ by complete ?_
One copy each to Planning Bd and Building Dept_J _/_ by
$200 fee check given Town Treasurer on_f _/_ by waived ?_
Hearing notice posted_/_ mailed _/__/_ I & M —J--I_,
Hearing(s) one_/_ cont'd to__/__/_, withdrawn ? _/_ /_
Decision di r" bye_/_ made) _/_ filed TC__/_J_ mailed__/__/_
See related cases lawsuits other
•
ArMEN1)i1M
Applicant seeks 1. special permit relief pursuant to
Section 139 -30A and 139 -33A to expand and /or alter a pre-
existing non - conforming use or structure, 2. special permit
relief pursuant to Section 139 -18G for parking waiver for
one (1) space or such other parking relief as may be necessary
and 3. variance relief pursuant to Section 139 -32A for a waiver
of Section 139 -19, offstreet loading facilities.
Applicant owns Lot D -2, Land Court Plan 8787 -B, Assessor's
Map 4231 -131, known and numbered as 7 South Water Street and
12 Cambridge Street. The area is zoned Residential - Commercial.
The structure and uses on the property were all in existence
prior to 1972.
Applicant proposes major interior and exterior structural
renovation to the area of the building now occupied by the
Downeyflake Restaurant, North Wharf Fish House (presently not
occupied), The Deli, and the second floor apartment. There is
no proposed change to the T -Shirt Academy of Nantucket or the
apartment above it.
The proposed renovations are necessary due to the condition
of _the property and will bring the structure in compliance with
the building code, health code, fire and safety regulations and
handicap access requirements. Modern kitchen facilities and
interior layouts are proposed for the restaurant use. Special
permit relief is requested to authorize the reconfiguration of
the interior space among the businesses. No additional ground
cover, parking waivers or zoning relief should be necessary to
validate the proposed interior changes.
There is no proposed expansion of the seating capacity for
any of the restaurant uses. The licensed seating capacity of the
Fish House is 50 and will remain the same. The licensed seating
capacity of the Downeyflake is 80 and will be reduced to 76. There-
by eliminating one grandfathered parking space.
Special permit relief is requested to add 920 feet of second
floor storage area for the three food service establishments, in-
cluding a bathroom for the Deli. A parking waiver for one (1)
space is requested. The Board may grant special permit relief if
it is physically impossible to provide the parking on -side and if
the relief is in harmony with the general purpose and intent of the
By -law. The existing two (2) on -site parking spaces will remain as
shown on the plan.
The second floor addition will be over a first floor area which
is non - conforming as to the sideline set back being zero (01) feet
along the northwesterly line of the property. The Board may grant
special permit relief if the Board finds that the extension will not
be substantially more detrimental to the neighborhood pursuant to
Section 139 S 33A.
r
Variance relief pursuant to Section 139 -32A from the
requirements of Section 139 -19, Off - street loading facilities
is requested. Due to the size of the existing building on the
lot and the pre- existing nature of the building and uses,
imposition of this zoning requirement would impose a,n undue
hardship, being physically impossible to accomplish. The pro-
posed second floor storage area should reduce the need for
frequent deliveries. Variance relief can be granted without
substantial detriment to the public good and without nullifying
or substantially derogating from the intent or purpose of such
by -law.
The proposed interior alterations should not have any zoning
or parking impact. The proposed second floor storage /bathroom
expansion requires relief for one parking space which the Board
can find, has been exchanged for one space previously required
forfour (4) restaurant seats. Variance relief may be granted
for the off street loading facilities because of the inherent
hardship involved.
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
Nantucket, Mass. 02554
July 30, 1990
NOTICE OF PUBLIC HEARING
A public hearing of the Zoning
on Friday, August 17, 1990, at 1:00
Building, Broad Street, Nantucket,
Application of:
E. M. R. E. CORP.
Board of Appeals File No. 050 -90
Board of Appeals will be held
P. M. in the Town and County
Massachusetts, on the
Seeking (1) a Special Permit for relief under Sections 139 -30A
and 139 -33A of the Zoning By -Law to expand and /or alter a pre-
existing non - conforming use or structure; (2) a Special Permit
for relief under Section 139 -18G for a parking waiver for one (1)
space and /or such other relief as may be necessary under said
Section; and (3) a Variance under Section 139 -32A for a waiver of
the requirements of Section 139 -19 (off- street loading
facilities). The Applicant proposes interior and exterior
structual renovation to the building housing The Deli,
Downeyflake Restaurant, North Wharf Fish House, and a second
floor apartment. No changes are proposed for the T -Shirt Academy
or the apartment above it, and no increase in ground cover or
expansion of seating capacity is proposed.
The premises are located at 7 South Water Street and 12 Cambridge
Street, Assessor's Map 42.3.1, parcel 131, as shown on Land Court
Plan 8787 -B, Lot D -2, in the Nantucket Registry District. The
property is zoned RC.
Linda F. Williams, Chairman
BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS July 27, 1990
TOWN AND COUNTY BUILDING Date
NANTUCKET, MA 02554 ''�11 o � 6
CASE No.�/ -
APPLICATION FOR RELIEF
Owner's name(s) : E.M.R.E. Corp.
Mailing address: Box 726, Nantucket MA 02554
Applicant's name: Same
Mailing address: Same
Location of lot: Assessor's map and parcel number 4231- 131
Street address: 7 South Water Street and 12 Cambridge Street
Registry Land Ct Plan, RXXMXSKXKXRCJX0XXRXa[RXXiX§[ 8787- b LotD2
Cert.
Date lot acquired: _8/ 2/85 Deed Ref 11,970 Zoning district R C
I retail space
Uses on lot - commercial: None or 3 food serv. uses MCD ?No
- number of: dwellings 0 duplex 0 apartments 2 rental rooms 0
Building date(s): all pre -8/72? yes or C of O ?_
Building Permit appl'n. Nos.
Case Nos. all BoA applications, lawsuits:
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 x if Variance, 139 -30A x if a Special Permit (and 139 -33A
2L_ if to alter or extend a nonconforming use). If appeal per 139 -3�A
& B _ , attach decision or order appealed. OK to attach addendum .
SEE ATTACHED ADDENDUM
Items enclosed as part of this Application: orderl addendum2 X
Locus map X Site plan X showing present x_ +plannedx_ structures
er
Floor plans present proposed_ elevations _ (HDC approved ?YE$
Listings lot area x frontage x setbacks X GCR_2L_ parking data x
Assessor - certified addressee Iist 4 sets x ma ling labels 2 sets x
$200 fee payable to Town of Nantucket x proof 'cap' covenant
(If an appeal, ask Town Clerk to send Bldg Comr ss 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 perjury.
SIGNATURE: Applicant _ Attorney /agent x
a —
3(If not ner or owner's attorney, enclose proof of authority)
FOR BOA OFFICE USE
Application copies reel d: 4 r/or— for BoA on-Z/Okby CA-1)
One copy filed with Town Clerk on/_ y_( - complete?
One copy each to Planning Bd and Building Dept
c F— y_S
$200 fee check given Town Treasurer on/� (6byC� Lived?
Hearing notice posted.K/5l)mailed�j- q--/ k I & M �Z / 5b-
Hearing(s) one _/_ cont'd to_/_/_, _/_/_ withdrawn ? _/_ /_
Decision di'',2 by _j__/_ made./--J— filed TC_/ _/_ mailed _j_-/_
See related cases lawsuits other
•
ADDENDUM
Applicant seeks 1. special permit relief pursuant to
Section 139 -30A and 139 -33A to expand and /or alter a pre-
existing non - conforming use or structure, 2. special permit
relief pursuant to Section 139 -18G for parking waiver for
one (1) space or such other parking relief as may be necessary
and 3. variance relief pursuant to Section 139 -32A for a waiver
of Section 139 -19, offstreet loading facilities.
Applicant owns Lot D -2, Land Court Plan 8787 -B, Assessor's
Map 4231 -131, known and numbered as 7 South Water Street and
12 Cambridge Street. The area is zoned Residential - Commercial.
The structure and-'uses on the property were all in existence
prior to 1972.
Applicant proposes major interior and exterior structural
renovation to the area of the building now occupied by the
Downeyflake Restaurant, North Wharf Fish House (presently not
occupied), The Deli, and the second floor apartment. There is
no proposed change to the T -Shirt Academy of Nantucket or the
apartment above it.
The proposed renovations are necessary due to the condition
of.the property and will bring the structure in compliance with
the building code, health code, fire and safety regulations and
handicap access requirements. Modern kitchen facilities and
interior layouts are proposed for the restaurant use. Special
permit relief is requested to authorize the reconfiguration of
the interior space among the businesses. No additional ground
cover, parking waivers or zoning relief should be necessary to
validate the proposed interior changes.
There is no proposed expansion of the seating capacity for
any of the restaurant uses. The licensed seating capacity of the
Fish House is 50 and will remain the same. The licensed seating
capacity of the Downeyflake is 80 and will be reduced to 76. There-
by eliminating one grandfathered parking space.
Special permit relief is requested to add 920 feet of second
floor storage area for the three food service establishments, in-
cluding a bathroom for the Deli. A parking waiver for one (1)
space is requested. The Board may grant special permit relief if
it is physically impossible to provide the parking on -side and if
the relief is in harmony with the general purpose and intent of the
By -law. The existing two (2) on -site parking spaces will remain as
shown on the plan. .
The second floor addition will be over a first floor area which
is non - conforming as to the sideline set back being zero (0') feet
along the northwesterly line of the property. The Board may grant
special permit relief if the Board finds that the extension will not
be substantially more detrimental to the neighborhood pursuant to
Section 139 S 33A.
Variance relief pursuant to Section 139 -32A from the
requirements of Section 139 -19, Off- street loading facilities
is requested. Due to the size of the existing building on the
lot and the pre- existing nature of the building and uses,
imposition of this zoning requirement would impose a.n undue
hardship, being physically impossible to accomplish. The pro-
posed second floor storage area should reduce the need for
frequent deliveries. Variance relief can be granted without
substantial detriment to the public good and without nullifying
or substantially derogating from the intent or purpose of such
by -law.
The proposed interior alterations should not have any zoning
or parking impact. The proposed second floor storage /bathroom
expansion requires relief for one parking space which the Board
can find, has been exchanged for one space previously required
forfour (4) restaurant seats. Variance relief may be granted
for the off street loading facilities because of the inherent
hardship involved.