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.