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Home My WebLink About079-900 7� -<15'd TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: December Iq , 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.: 079 -90 Owner/Applicant: Lisa and William Cassidy, for themselves and Lucille Jordan, Owner 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 Decis -on must be brouaht 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 l"E;` -`Y (20 ) days. .Robert J. cc: Town Clerk Planning Board Building Commissioner ter Chairman F DECISION At a Public Hearing of the BOARD OF APPEALS on December 7, 1990 at 1:00 P.M. at the Town and County Building, Broad & Federal Streets, Nantucket, MA on the application (079 -90) of Lisa and William Cassidy as Tenants and Lucille Jordan as Landlord, the Nantucket Zoning Board of Appeals made the following DECISION: (1) Applicant seeks a SPECIAL PERMIT under Section 139 -18G relative to Section 139 -18I (Parking Regulations). Applicants propose to operate a food establishment in a structure most recently housing a real estate office known as Jordan & Jenkins, Inc. and prior to that occupied by Something Natural, which was a food establishment. 350 square feet will be used as storage space, and an office ancillary to the business; the existing second floor apartment will be maintained; and the remaining area of 752 square feet will be used as the food establishment. There will be twenty -four (24) seats, twenty (20) of which will be inside and four (4) outside in the patio area. Applicants are able to provide a loading area and three parking spaces in the rear of the building although the spaces are not in strict compliance with the By -Law. A total of thirteen (13) spaces are required: five (5) for take -out use, one (1) for the apartment, one (1) for the two to three employees and six (6) for the twenty -four seats thus applicants are seeking relief for ten (10) spaces. (2) Our findings are based on the application papers, representations, plans and testimony made at the hearing. (3) There was no opposition to the Relief sought. One person expressed concern about the loading situation and the closest abutter spoke in favor of the requested relief. Additionally, a Petition in favor of this relief was presented and signed by fifty -nine (59) individuals representing forty -nine (49) abutters /businesses in the area. (4) There was considerable discussion regarding the type of food establishment that applicants were proposing and what type of activity would take place on the premises. Applicant's counsel represented that there would be no baking on the premises and that there would be no commercial cooking equipment that would require venting. There was also discussion regarding the loading area, and the existing conditions that exist behind the building. The Board felt that it would be best to designate a loading area, which would be marked as such, to be used for all deliveries to the premises. It is anticipated that the proposed loading area will improve the existing situation. There was testimony from two abutters stating that the loading vehicles have presented problems in the past creating a.. situation of blocking parked vehicles. With this new loading area available, it is believed that the congestion will be lessened and the existing problems will be eliminated. Additionally, the closest abutter felt that this proposed use of the building would eliminate the traffic that previously existed when the building was occupied by the real estate office. This food establishment would provide a benefit for the year round working people in the core district providing a quality rood product at affordable prices. (5) The Board finds that with the imposition of the conditions stated below, the grant of the requested relief is in harmony with the general purposes and intent of the By -Law. (6) The relief granted hereby is expressly conditioned upon the following: (a) a parking plan will be submitted showing the Loading Area clearly delineated and marked as such on the ground as well as the three (3) spaces proposed. The Loading Area will be reserved for loading only. (The plan is attached hereto and incorporated herein.) (b) the establishment will be open on a year -round basis (c) the establishment will close ),>,1CC,0:00 P.M. (d) there will be no commercialAequli�ptnent which will require venting. (e) there will be no baking on premises (f) there will only be one take out station with one cash register (g) Applicant's will not apply for an Alcoholic and or Malt Beverage License for the premises (7) For the reasons stated above and upon the conditions and limitations contained herein, we hereby grant the applicant the requested relief which is a waiver of ten (10) parking spaces under Section 139, Chapter 18 -G by a unanimous - �r�,a' Ucte_ Mr. Sherman abstained from the •,�I Marshall Beale &6- . 1 ` I l q,f Robert` L chter WajlL .nn G.r�r �i�t�9fo Ul 0 jw Q4 ie I LN o iy iA iV pt .6 li) C) ti O rs IV TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, DECEMBER 7, 1990 at 1:00 P.M. in the Town and County Building, Federal and Broad Streets, Nantucket, on the Application of: LISA AND WILLIAM CASSIDY FOR THEMSELVES AND LUCILLE JORDAN, OWNER Board of Appeals File No. (079 -90) Applicants seek a SPECIAL PERMIT under SECTION 139 -18G relative to SECTION 139 -18I (Parking Regulations) of the Zoning By -Law. Applicants propose to operate a food establishment in a structure currently containing a real estate office. 350 square feet will be used as storage space and an office ancillary to the business, the existing second floor apartment of 420 square feet will be maintained and the remaining area of 752 square feet will be used as the food establishment. 5 spaces are required for the take -out use, one for the apartment, 3 spaces for the 24 seats, 20 of which will be inside and 4 on the existing patio area and one space for the 2 to 3 employees for a total of 10 spaces. Two are provided in the rear of the building, thus a waiver of 8 spaces is requested. If the Board deems the two spaces unacceptable because of aisle width, then a waiver of 10 spaces would be requested. The premises are located at 8 FEDERAL STREET, Assessor's Parcel 4231 -172, Land Court Plan 14767 -B, Lots 1 and 2, and are zoned RESIDENTIAL - COMMERCIAL. l Linda F. Williams, Chairman BOARD OF APPEALS k. c v as C 09__t , /I//& /%O .BOA norm 1 -89 NANTUCKET ZONING BOARD OF APPEALS Date TOWN AND COUNTY BUILDING NANTUCKET, NIA 02554 � -� CASE No APPLICATION FOR RELIEI' Owner's name(s): Lucille Jordan Mailing address: 6 Kelley Road, Nantucket, MA Applicant's name: Lisa and William Cassidy Mailing address: Location of lot: Assessor's map and parcel number 4231 - 172 Street address: 8 Federal Street LCPlan,14767 -B, Lots L1 and 2 Registry Land Ct Plan, Plan Bk & Pg or RjRpXf3�3��X -1 7- 2-9 Date lot acquired: 1_/_Py 85 Deed Ref L1-9 17 Zoning district RC Uses on lot - commercial: None — or MCD? - number of: dwellings duplex__ apartments rental rooms Building date(s) : all pre -8/72? yes or C of 0? - y.es for renovations in 198L Building Permit appl' n. Nos. _ — .1 a; ff-- edates Case Nos. all BoA applications, lawsuits: zoning 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 -33A if to alter or extend a nonconforming use). If appeal per 139 -31:1. & B , attach decision or order appealed. OK to attach addendum Applicant seeks a Special Permit pursuant to Section 139 -18 G relative to 139 -18I. Applicant is leasing the building located at 8 Federal Street for a food establishment. 350 sq. ft. will be used as storage space and an office ancillary to the business, 420 sq. ft. will be used as the existing apartment and the remaining area of 752 sq. ft. will be used as the food establishment. 5 spaces are required for a take -out food establishment, 1 for the apartment, 3 spaces for the 24 seats, 20 of which ,,ill be inside and 4 on the existing patio area and one space for the 2 to 3 employees for a total of 10 spaces. Two are provided in the rear of the building thus a waiver of 8 spaces is requested. If__the Board deems the two unacceptable because of aisle didth, then a waiver of 10 spaces would be requested. - Items enclosed as part of this Application: or_derl addendum2 Locus map X Site plan�� showing present +planned structures Floor plans presenter proposed elevations (HDC approved?—) Listings lot area frontage T setbacks GCR parking data Assessor - certified addressee list 4 sets ma�l ni g labels 2 sets X I(If aneappeal, ask Town Clerkntocsend BldgoComr's'record covenant BoA.) I( If certify that the requested information submitted is substantially com lete and true to the best of my knowledge, under the pains and p penalties of p SIGNATURE.:__ 3(If not owner or owner's attorney, Applicant Attorney /agent - -- enclose proof of authority) FOR BoA OFFICE USE �� co yt -r 1. L--J X V. -r