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HomeMy WebLinkAbout061-90TOWN OF NANTUCKET �l -�O BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 P_g,, - &92� To: Parties in interest and others concerned with tie Decision of-the Board of Appeals in Application No.: of: :e� Enclosed is the Decision of the Board of Appeals which has this day been filed with the Nantucket Town Clerk. This Decision provides a Clarification (not a Modification) or authorizes a✓�€X� Temporary Permit under Zoning By -Law Section 139 -26H with no twenty (20) day appeal period required. cc: Town Clerk Planning Board Building Commissioner BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MA 02554 DECISION: The Board of Appeals, at a public hearing held on Friday, February 6, 1992 at 1:00 P.M. made the following Decision upon the request for an extension of Speci -1 Permit by Henry W. Fee, Jr. (061 -90) 1. This is a request for a six (6) month extension of a Special Permit granter in Case No. 046 -9G. The Decision was dated October 3, 1990 with a Clarification dated December 10, 1991. The property is located at 2 Broad Street, Assessor's Map 42.4.2., Parcel 066, and is zoned Residential - Commercial. One (1) six month extension was granted July 22, 1991 to extend the Special Permit for the period of October 3, 1991 to April 3, 1992. 2. The Board finds that the request for an extension has been filed in a timely manner and there is good cause for the construction not to have commenced. 3. The Board by a unanimous vote Grants the Applicant an extension of the Special Permit and Clarification for a period of p �: s �9a . %,'. six (6) months commencing on April 3, 1992.0md,"V,w? i 9 ec,/ a - �o— qz lei TOWN OF NANTUCKET ZONING BOARD OF APPEALS Nantucket, Mass. 02554 August 27, 1990 NOTICE OF PUBLIC HEARING A public hearing of the Zoning Board of Appeals will be held on Friday, September 14, at 1:00 P. M. in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of: HENRY W. FEE, JR. Board of Appeals File No. 061 -90 Applicant seeks relief by Special Permit under Section 139 -33A to change, alter and /or expand a pre- existing, non - conforming use; and /or structure . Relief by Special Permit is also requested under Section 139 -18G from the parking requirements. Applicant seeks to add 574± S. F. of ground cover to the main building; to extend the main structure upon a less non- conforming setback on the westerly side of the property; to add a second floor for storage, employee lounge, office, and seating for 49 ancillary to Henry's Sandwich Shop; and to use the present take -out section as a retail shop with 660 + S. F. %c� FIT) Applicant seeks relief by Special Permit under Section 139 - 18G from the parking requirements to allow a change of use for the dwelling to a retail shop. Relief from three (3) spaces is requested. Variance relief from Section 139 -19 (Off - street loading facilities) is requested, or, in the alternative, a finding that the Special Permit relief requested is of a degree and character that would not impose the requirement. The premises are located at 2 Broad Street, Assessor's Map 42.4.2, parcel 66, as shown on Land Court Plan 8755 -B, as Lot 8, in the Nantucket Registry District. The property is zoned RC. L nda F. lliams, Chairman ' BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS 8/ Date0 TOWN AND COUNTY BUILDINd NANTUCKET, MA 02554 CASE NaC- APPLICATION FOR RELIEF Owner's name(s): HENRY W. FEE JR. Mailing address: 45 Center Street Nantucket. MA 02554 _ Applicant's name: SAME Mailing address: _SAME Location of lot: Assessor's map and parcel number4242 - 066 Street address: 2 Broad Street Registry Land Ct Plan, 875SB - Lot 8 Date lot acquired: _k_j _1y 71 CERTIFICATE 12,610 Zoning district u - c_ Uses on lot - commercial: None _ or two food aerv;rP ucaa MCD ?NO - number of: dwellings 1 duplex— apartments— rental rooms — Building date(s): all pre -8/72? X or C of 0? Building Permit nppl'n. Nos. 1973 general remod i ;ng 287 -73 Case Nos. all BoA applications, lawsuits:None 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 alterVorlextendla l special Permit If0appeal per a1139 -31A & B , attach decision or order appealed. OK to attach addendum . SEE ADDENDUM ATTACHED HERETO Items enclosed as part of this Application: orderl addendumz x Locus map x Site plan x I showing present x +planned structures Floor plans present proposed x elevations x (HDC approved?_) Listings lot area x frontage x setbacks GCR X parking data x Assessor- certifie3 addressee list 4 sets x mailing labels 2 sets 1200 fee payable to Town of Nantucket x proof 'cap' covenant (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 perjury. SIGNATURE:. Applicant Attorney /agent x 3(If not w er or owner's attorney, enclose proof of authority) FOR BoA OFFICE USE Application copies ree d: 4�. or_ for CBoA on b� � Z&b � complete? L/ One copy filed with Town Clerk on__/�_ Y p One copy each to Planning Bd and Building Dept 3-�y/�'by/ Ab �J� ,�Q, waived? $200 fee check given Town Treasurer on byL � — Hearing notice posted Qmailed+� ,'I & M Hearing (s) on_/_/_ cont' d to _j__/_, _/� _ withdrawn ?__/--/_ Decision due by__/__/_ made_/— filed TC__/__/_, mailed_/ _ See related cases lawsuits other J E AT)I)F.NDTTM Applicant is the owner of property at 2 Broad Street, Assessor's Map 42.4.2, Parcel 066, zoned Residential - Commercial. Part of the main building is currently used as Henry's Sandwich Shop and the other part is occupied by a separate take -out section for telephone orders. This area was formerly occupied by the Wine Shop. The small dwelling on the lot has been used for the past several years as an office. Applicant hopes to do a complete interior and exterior renovation of the main building, expand the kitchen area and add upstairs seating, storage, employee lounge and office area all ancillary to Henry's Sandwich Shop. The proposed renovations would require that the building meet current building code, fire code, safety code and handicap access requirements. Special Permit relief pursuant to Section 133 -33A to change, alter and /or expand the pre- existing non - conforming uses and /or structures is requested, and special permit parking relief pur- suant to Section 139 S 18G is requested for the following: 1. the addition of 574± square feet of ground cover to the main building; 2. extension of the main structure along a less non- conforming setback line on the westerly side of the property; 3. the addition of a second floor to add storage, an employee lounge, office area and seating capacity for 49,all ancillary to Henry's Sandwich Shop; and 4. the telephone the Wine Shop) to 660 ± square feet. Applicant also requests requirements, Section 139 § dwelling to a retail shop. parking spaces. order take -out section (formerly be used for a retail shop with Special Permit relief from the parking 18G, to change the use of the This would require relief for three (3) Special permit relief may be granted if the Board finds that the proposed expansion and /or alteration is not substantially more detrimental to the neighborhood than the existing non - conforming use. Special permit relief may be granted for the extension of a structure along a non - conforming side line setback, if the Board finds that the extension will not be substantially more detrimental to the neighborhood. Special permit relief from the parking requirements may be granted if the Board finds that the granting of such relief is in harmony with the general purposes and intent of the by -law and that x the provisions of off - street parking as required by the by -law is physically impossible or if physically practical would have a significantly and adverse effect on the scenic and historic integrity of the neighborhood. Variance relief from Section 139 -19 (off- street loading facilities) is requested, or in the alternative,a finding that the special permit relief otherwise requested herein is of a degree and character that would not impose the requirements of this code section. An off - street loading facility that does not meet the by -law requirements could be provided or one (1) on -site parking space could be located in the same space instead. TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 p �Q,,t Z 2, /99( v To: Parties in interest and others concerned with the Decision of the Board of Appeals in Application No.: OCRI--- _ of: Enclosed is the Decision of the Board of Appeals which has this day been filed with the Nantucket Town Clerk. This Decision provides a Clarification (not a Modification) or authorizes a Temporary Permit under Zoning By -Law Section 139 -26H with no Orrenlliy (20) day appeal period required. / 9 f, , dll� d�I' _U ' Chairman cc: Town Clerk Planning Board Building Commissioner BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MA 02554 DECISION: The Board of Appeals, at a public hearing held on Friday, 7v ta. 1991 at 1:00 P.M. made the following Decision upon the reqdest for an extension of Special Permit by Henry W. Fee, Jr. (061 -90) 1. This is a request for a six (6) month extension of a Special Permit granted in Case No. 046 -90. The Decision was dated October 3, 1990 with a Clarification dated December 10, 1991. The property is located at 2 Broad Street, Assessor's Map 42.4.2., Parcel 066, and is zoned Residential - Commercial. 2. The Board f inds that the request for an extension has been filed in a timely manner and there is good cause for the construction not to have commenced. 3. The Board by a unanimous vote Grants the Applicant an extension of the Special Permit for a period of six (6) months commencing on October 3, 1991. Dated : = oZ2, 19 91 cL �(eoerve� fly tea, i TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: Ct*loer 3 , 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.: 061 -90 Owner /Applicant: Henry Fee, Jr. 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. Li da F. Williams, Chairman cc: Town Clerk Planning Board Building Commissioner DECISION: TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 The Board of Appeals, at a Public Hearing held on Friday, September 14, 1990 at 1:00 P.M. in the Town and County Building, Nantucket, made the following Decision upon the Application of HENRY W. FEE, JR. (061 -90) address Box 1077 Nantucket, MA 02554: 1. Applicant requests a Special Permit under Nantucket Zoning By -Law Section 139 -33A (alteration and expansion of a pre- existing non - conforming structure), and Section 139 -18G (relief from Parking in Core District), to permit the following: a. the addition of 5741 square feet of ground cover to the main building; b. extension of the main structure along a less non - conforming setback line on the westerly side of the property; C. the addition of a second floor to the main structure to add storage, an employee lounge, an office area and additional seating, all ancillary to Henry's Sandwich Shop; d. the area formerly known as the Wine Shop to be used for a retail shop; and e. the dwelling to be converted to retail space. 2. Based upon a review of the Application, supporting documents, plans and testimony, the Board finds that the property consists of a structure with two commercial uses: Henry's Sandwich Shop and the retail area known as the Wine Shop; and a separate structure being a dwelling. All of the uses have been in existence from at least 1971 to the present. The lot area conforms to zoning, the structures will not exceed the ground cover ratio; the property provides a significant green space in the downtown area; the proposed alterations will make the main structure less on- conforming as to set back requirements. The proposed rehabilitation of the property will improve the appearance of the neighborhood, and bring the building into compli- ance with current health, safety and fire code requirements. Two (2) handicap bathrooms will be available to the patrons. The property is known as 2 BROAD STREET, Lot 8, Land Court Plan 8755 -B, Assessor's Map 42.4.2, Parcel 066, Zoned Residential - Commercial. 3. Special Permit relief may be granted if the Board finds that the proposed expansion and /or alteration is not substantially more detrimental to the neighborhood than the existing non- conforming use. Special permit relief from the parking requirements may be granted if the Board finds that the granting of such relief is in harmony with the general purposes and intent of the By -Law and that the provisions of off - street parking as required by the by -law is physically impossible or if physically practical would have a significant and adverse effect on the scenic and historic integrity of the neighborhood. 4. The Board finds that the proposed uses are permitted under W ha �,ol ?il7g :ay -law, but are non- conforming as to parking requirements. The proposed expansion and /or alteration is not substantially more detrimental to the neighborhood than the existing uses. Although some parking could be provided on -site, it would be impractical since it would require backing onto a busy street. It would also have a significant and adverse impact on the scenic and historic integrity of the neighborhood. On -site parking spaces would eliminate a substantial green space in the downtown area. 5. Special permit relief may be granted to the following extent and upon the following conditions: a. additional ground cover of 574± square feet may be added to the main building; b. the main building may be extended along a less non -con- forming setback line on the westerly side of the property; C. a second floor may be added to the main structure for storage, an employee lounge, an office area, and additional seating, all ancillary to Henry's Sandwich Shop use; d. seating for Henry's Sandwich Shop shall not exceed fifty (50) seats total for the restaurant use. e. two (2) take -out stations shall be permitted in Henry's Sandwich Shop; f. counter service only, (no table service, waiters, waitresses shall be allowed, except to clear tables) shall be permitted at Henry's Sandwich Shop; g. no alcoholic beverage service shall be provided " -at Henry's Sandwich Shop; h. the area known as the Wine Shop may be used as one (1) retail shop with approximately 493 square feet and not more than three (3) employees; i. the dwelling shall continue to be used as a dwelling, or as office space and /or storage space ancillary to Henry's Sandwich Shop. j. the alteration and /or expansion shall be in substantial conformity with plans attached hereto as Exhibit A. 6. The Board finds that the existing off - street loading facility although not in compliance with current code requirements is pre- existing, non - conforming. The expansion and /or alterations as requested by the application are of such a character and degree as not to require the existing loading zone to meet current zoning requirements. 7. For the reasons dr�� upon the conditions set forth herein, the Board by a unanimous vote, hereby Grants the Applicant relief pursuant to Sections 139 — 33A and _ 139 - 18G by Special Permit with respect to 2 Broad Street. I C Li da . Williams William R. Sherman Dated: 3, 1990 �� ;- f ( L� e LAW OFFICES HOLMES, HAYS & FITZGERALD 35 CENTER STREET P. O. BOX 1108 NANTUCKET, MASS. 02554 WAYNE F. HOLMES WILLIAM H. HAYS III JULIE A. FITZGERALD August 23, 1990 Ms. Linda Williams, Chairperson Board of Appeals Town and County Building Broad Street Nantucket, MA 02554 RE: Application of Henry W. Fee, Jr. Property: 2 Broad Street, Map 4242, Parcel 066 Dear Ms. Williams: 1990. Enclosed for filing, please find the following: 1. Application plus three (3) copies; 2. Certified Abutter's List plus (3) copies; 3. Four (4) copies of Land Court Plan 8755 -B; 4. Four (4) copies of a Locus map showing the existing and proposed changes and the parking computations; 5. Four (4) copies of the Assessors Map 42.42; 6. Four (4) copies (2 sheets) of the elevations; 7. Four (4) copies (2 sheets) of the floor plan; 8. Two (2) sets of mailing labels; and 9. Check in the amount of $200.00. (508) 228 -0052 FAX (508) 228-8943 Please schedule this matter for hearing on September 14, Very truly yours, Wii--e(-.�Fita'ge�� JAF /mc Enclosures CC: Mrs. Joanne Holdgate, Town Clerk '✓ Mr. Henry W. Fee, Jr. Mr. Neil Parent 24/90 BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS 8/Date TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 CASE No. APPLICATION FOR RELIEF Owner's name(s): HENRY W. FEE JR. Mailing address: 45 Center Street Nantucket. Mr 02554 Applicant's name: SAME Mailing address: _.SAME Location of lot: Assessor's map and parcel number4242 - 066 Street address: 2 Broad Street Registry Land ct Plan, B0=XWK)W=) X@aDMXRk1W R755u Lot 8 CERTIFICATE Date lot acquired: ��� XDY}� 12, 610 Zoning district $_C Uses on lot - commercial: None — ort-wo food caryiC�P uGPG _ MCD ?NO - number of: dwellings 1 duplex— apartments_ rental rooms_ C of O? Building date(s): all pre -8/72? X or — Building Permit appl'n. Nos. 1973 general re ,.�nflal 1 ; na 287 -73 Case Nos. all BoA applications, lawsuits:None 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 -331A � if to alter or extend a nonconforming use). If app per & B , attach decision or order l appealed. OK to attach addendum . SEE ADDENDUM ATTACHED HERETO Items enclosed as part of this Application: ordelanned addstdum2 --x Locus map x Site plan x showing present x_ p HDC as rovedure Floor plans present proposed x elevations x ( parking data x Listings lot area x frontage x setbacksx GCR_ p 9 Assessor Iist 4 sets x mailing labels 2 sets 1(If aneappeal, ask Town Clerk ntocsen3 S1dgocomr s, record tonBoA.) .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: 3 (I f not • Applicant Attorney /agent x r or owner's attorney, enclose proof of authority) FOR BOA OFFICE USE Application copies reed: 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_ /___/— by $200 fee check given Town Treasurer on__J__J— by waived ?_ Hearing notice posted--/— mailed__J__J— I & M--J--J-1 ­J­J- Hearing(s) on_/__J— cont'd to _j—/ —, withdrawn ?__J--J— mailed__J_-J— Decision due by_/__J— made__J--J— filed TC __J__/— See related cases lawsuits other Ar)nF.NDTIM Applicant is the owner of property at 2 Broad Street, Assessor's Map 42.4.2, Parcel 066, zoned Residential - Commercial. Part of the main building is currently used as Henry's Sandwich Shop and the other part is occupied by a separate take -out section for telephone orders. This area was formerly occupied by the Wine Shop. The small dwelling on the lot has been used for the past several years as an office. Applicant hopes to do a complete interior and exterior renovation of the main building, expand the kitchen area and add upstairs seating, storage, employee lounge and office area all ancillary to Henry's Sandwich Shop. The proposed renovations would require that the building meet current building code, fire code, safety code and handicap access requirements. Special Permit relief pursuant to Section 133 -33A to change, alter and /or expand the pre- existing non - conforming uses and /or structures is requested, and special permit parking relief pur- suant to Section 139 § 18G is requested for the following: 1. the addition of 574± square feet of ground cover to the main building; 2. extension of the main structure along a less non- conforming setback line on the westerly side of the property; 3. the addition of a second floor to add storage, an employee lounge, office area and seating capacity for 49,all ancillary to Henry's Sandwich Shop; and 4. the telephone the Wine Shop) to 660 ± square feet. Applicant also requests requirements, Section 139 dwelling to a retail shop. parking spaces. order take -out section (formerly be used for a retail shop with Special Permit relief from the parking 18G, to change the use of the This would require relief for three (3) Special permit relief may be granted if the Board finds that the proposed expansion and /or alteration is not substantially more detrimental to the neighborhood than the existing non - conforming use. Special permit relief may be granted for the extension of a structure along a non - conforming side line setback, if the Board finds that the extension will not be substantially more detrimental to the neighborhood. Special permit relief from the parking requirements may be granted if the Board finds that the granting of such relief is in harmony with the general purposes and intent of the by -law and that the provisions of off - street parking as required by the by -law is physically impossible or if physically practical would have a significantly and adverse effect on the scenic and historic integrity of the neighborhood. Variance relief from Section 139 -19 (off- street loading facilities) is requested, or in the alternative,a finding that the special permit relief otherwise requested herein is of a degree and character that would not impose the requirements of this code section. An off - street loading facility that does not meet the by -law requirements could be provided or one (1) on -site parking space could be located in the same space instead.