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HomeMy WebLinkAbout050-90T 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.