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Home My WebLink About034-91Town of Nantuc };et Board of Appeals Nantucket, MA 02554 DECISION: 0 �3 q - 71 The Board of Appeals at a Public Hearing held on Friday, May 17, 1991 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. (034 -91) Box 726, Nantucket, MA 02554: 1. This is an application for a modification of a Special Permit granted on May 17, 1991 (050 -90) to allow the operation of a parking lot on the premises until November 30, 1991. 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 8787 -B, Certificate of Title No. 11,970 and is zoned Residential - Commercial. 2. Based upon a review of the Application, supporting documents, plans and testimony, the Board finds that a portion of the buildings were destroyed by a gas explosion and reconstruction will not commence until the fall of 1991. During the interim Applicant proposes to use the vacant area for a parking lot for up to 17 cars with a maximum of one (1) attendant on duty. 3. Parking at grade in parking areas is permitted in the Residential - Commercial zone as a matter of right pursuant to Section 139 -9. 4. The Board finds that the proposed permitted use is not more detrimental to the neighborhood than the prior existing uses and those uses and structures permitted under the existing Special Permit (050 -90). The requested relief may be granted so that the Applicant will not lose any rights or benefits under the prior permit. 5. The Board places the following conditions upon the modification to the Special Permit relief granted: A. The parking lot use shall terminate on or before October 31, 1991. B. No more than seventeen (17) cars shall be parked on the lot at one time. C. The perimeter of -he lct shall ha: a _cr_e- or such fence as may be apprc-.-ed by the His--or-Lc Distric Commission., D. The lot shall be graveled. E. Daytime use of the lot shall be restricted to long term lease parking. Evening use may be on a hourly basis. The Board encourages 24 hour parking spaces with preference for leases to downtown residents. F. The side wall of the building at the rear of the lot shall be shingled or covered with other Historic District Commission approved siding material. G. Refer to Traffic Safety Committee for determination of entrance and exit direction. Said determination to be incorporated herein. H. Low level ground lighting at entrance and exit. I. Parking spaces to be delineated by headers. 6. For the reasons and upon the conditions hereinabove set forth, the Board unanimously grants the modification to the Special Permit with respect to the premises at 7 South Water Street and 12 Cambridge Street. Dated: May 31 , 1991 Ll< � Da Waine J� Peter Dooley Linda F. Williams C. Marshal Beale --,)— 16'Aelvev I -L-� I4 Ti TRAFFIC SAFETY ADVISORY COMMITTEE Recommendations to the Board of Selectmen Meeting June 19, 2:30 p.m. The following recommendations are offered by the Committee: 1. That the entrance and exit for the Downyflake Restaurant parking lot be kept as originally planned- - i.e. entrance off South Water Street and exit onto Cambridge Street. 2. that the Committee has undertaken the project of defining rules for moving houses and modular houses through town. Suggestions have included no house moving at all during inclement weather, no house moving between 10 a.m. and 6 p.m. during the summer season. Fire Chief Bruce Watt and Officer James Day (proxy for Police Chief Randy Norris (who could not be present) voted affirmatively on these suggestions. - -- -- - — R-e-p- x l e i i - - b _ y - : - N e l l Martin ee� CM2C Cp�►� 03�- -9� ZONING BOARD OF APPEALS South Beach Street Nantucket, Mass. 02554 NOTICE A Public Hearing of the BOARD OF APPEALS will be held at 1:00 P.M., Friday, May 17, 1991, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of: E. M. R. E. CORP. Board of Appeals File No. 034 -91 Applicant is seeking a Modification of an existing Special Permit, BOA File No. 050 -90, to allow operation of a parking lot until November 30, 1991, for not more than 17 cars, while retaining all rights protected and /or granted under the existing Special Permit. 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 -8, Lot D2. The property is zoned RC. Rober`- J. LeiVhter, Chairma BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS1 April 26, 1991 TOWN AND COUNTY BUILDING ' NANTUCKET, MA 02554 Q 2N CASE No J APPLICATION FOR RELIEF Owner's name(s): E. M. R. E. CORP Mailing address: Box 726 Nantuc CA Applicant's name: Same Mailing address: _ Same Location of lot: Assessor's map and parcel number4231 - 131 Street address: 7 South Water Street and 12 Cambridge Street Registry Land Ct Plan, jgmm Yx) xjW)=xrAxioxfj)j74 8787 -8 Lot D2 Cert. Zonin district R C Date lot acquired: �� 85 Deed Ref 11,E 9 1--- 1 retail space Uses on lot - commercial: None * or 3 food serv. uses MCD?No propose parking lot for summ r 1991 - number of: dwellings 0 duplex 0 apartments rental rooms 0 Building date(s): all pre -8/72? Yes or Building Permit appl'n. Nos. Case Nos. all BoA applications, lawsuits: No 050 -90 C of O? 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 nonco J- orming use). If appeal per 139 -31A & B _ , attach decision or order appealed. OK to attach addendum . SEE ATTACHED ADDENDUM Items enclosed as part of this Application: orderl addendum2 Locus map _x_ Site planx showing present +planneg x structures Floor plans present x proposed_ elevat ons (HDC approved, ) Listings lot area frontage setbacks GCR parking data x Assessor - certifies addressee Iist 4 sets x mailing labels 2 setsx 200 fee payable to Town of Nantucket x proof 'cap' covenant (If an appeal, ask Town Clerk to send Bldg Comr 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 per.�ry. SIGNATURE: Applicant _ Attorney /agent x 3(If not 4er or owner's attorney, enclose proof of authority) - FOR B oA OFFICE USE / Application copies recd: 4 ✓ / or_ for BoA on�2J , �L C� by One copy filed with Town Clerk on - - - One copy each to Planning ed and Building Dept_ 5� /-Z/Sb v $200 fee check given Town Treasurer (o`n/ byi ADDENDUM Applicant seeks a modification of prior Board of Appeals Decision No. 050 -90 to allow the operation of a parking lot on the premises during the summer and early fall of 1991. The structures at 7 South Water Street were destroyed in a gas explosion and re- construction will not commence until the fall of 1991. During the interim period Applicant proposes to use the vacant lot area for a parking lot for up to 17 cars. There will be a maximum of one (1) attendant on duty. Temporary operation of a parking lot may relieve some of the downtown parking problems this summer. There is no specific zoning by law regulating parking lots except Section 139 -19. Applicant shall construct a picket fence around the perimeter of the parking area and railroad ties for bumpers around the lot perimeter. Pursuant to Section 139 -30A and 33A The Board can find that the proposed parking lot use is not more nonconforming than the uses permitted under the prior decision and find that modification for a temporary parking lot maybe granted. Such use not being sub- stantially more detrimental than the already permitted nonconform- ing use to the neighborhood. TOWN OF NANTUCKET Cclr,� 1 t c , BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: Sgo(t-, l3 , 19 p(--) CERTIFICATE OF GRANTING OF MMMMIM )NNEVAM SPECIAL PERMIT (Massachusetts G eral Laws, Chapter 40A, Section 11) The BOARD OF APPEALS of the TOWN OF NANTUCKET, hereby certifies that a 0AXEKC SPECIAL PERMIT has been GRANTED: To:(Owner /Applicant)_ E.M.R.E.Corp. (050 -90) Address:, Box 726, Nantucket, MA 02554 affecting the rights of the Owner /Applicant with respect to land or building at: 7 South Water Street and 12 Cambridge Street, Assessor's Map 4231, Parcel 31, Lot D -2, Land Court Plan 8787B, Cert. of Title No. 11,970 Deed Reference: Cert. 11,970 And the BOARD OF APPEALS further certifies that the attached Decision is a true and correct copy of its Decision GRANTING the /XKX SPECIAL PERMIT and that copies of the Decision and of all plans referred to in the Decision have been filed with the Planning Board and the Town Clerk. The BOARD OF APPEALS calls to the attention of the Owner/ Applicant that General Laws, Chapter 40A, Section 11 (last paragraph) provides. that no XMRaWW=yWfMVAAX SPECIAL PERMIT, or any EXTENSION, MODIFICATION or RENEWAL thereof, shall take effect until (a) a copy of the Decision is certified by the Town Clerk that TWENTY (20) days have elapsed after the Decision has been filed in the office of the Town Clerk and no appeal has been filed (or, if such appeal has been filed, that it has been dismissed or denied) and (b) the certified copy is recorded in the Registry of Deeds for the County of Nantucket and indexed in the grantor index under the name of the Owner of Record or is recorded and noted on the Owner's Certificate of Title. The fee for such recording or registering shall be paid by the Owner /Applicant. 0 1 MWAR 111RIAMIN 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, supporting do_ A ments, plans (Exhibit "A") and testimony, the Board finds that the pro°rty consists of three foqd service uses, now known as the Deli, The Downey - flake, and the North Wharf Fish House, one retail establishment known as The T -Shirt Academy, and two apartments. There are two on -site parking spaces. 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 o.r 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. r � 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 reasdpns and upon the conditions hereinabove set forth, the Board unanimously grants the Special Permit reef with respect to the premises at 7 South Water Street and` Cambridge Street. Dated: SJ�ti' P/h� �3� 9 %v F. Robert 'J./ Leichter William R. Sherman C. Ma shall B ald Pe 2r Dooley I CERTI / FY THAT 20 DAYS HAVE EWP E ER THE'DECOM WAS FILED IN THE OFFICE OF THE TOWN CLERK, AND THAT NO APPEAL HAS BEEN PENSbANT G 40A SECTION 11 / 7yf1 � ti . my y try 'r � r,: 1 r ayy r•y�' q l A0 ' 11 gI ° C WAYNE F. HOLMES WILLIAM H. HAYS III JULIE A. FITZGERALD LAW OFFICES HOLMES, HAYS & FITZGERALD 35 CENTER STREET P. O. BOX 1108 NANTUCKET, MASS. 02554 April 26, 1991 Mr. Robert Leichter, 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 Mr. Leichter: 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 Decision 050 -90; 4. Four (4) copies of the Assessor's Maps; 5. Four (4) set of a plan showing the parking lot 'area; 6. Two (2) sets of mailing labels; and 7. Check in the amount of $200.00. Please schedule this matter for hearing on May 17, 1991. Very truly yours, ie JAF /mc Enclosures CC: Mrs. Joanne Holdgate, Town Clerk E.M.R.E. Corp. BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALSi April 26, 1991 TOWN AND COUNTY BUILDING i Date NANTUCKET, NA 02SS4 CASE No. -_ APPLICATION FOR RELIEF Owner's name(s): E. M. R. E. CORP Mailing address: Box 726 Nantucket Mn Q2554 Applicant's name: Same Mailing address: - Same Location of lot: Assessor's map and parcel number4231 - 131 Street address: 7 South Water Street and 12 Cambridgn straPr Registry Land Ct Plan, X%)j X2X*XTW]0XXrA]gXXfj}i7F 8787 -8 Lot D2 Cert. Zoning district R/C Date lot acquired: �� 85 Deed Ref 11,E 9 1 retail space Uses on lot - commercial: None * or 3 food sere uses MCD?No *proposed parking lot for summ r 1991 - number of: dwellings 0 duplex 0 apartments_ rental rooms 0 Building date(s): all pre -8/72? yes or C of 0 ?_ Building Permit appl'n. Nos. Case Nos. all BoA applications, lawsuits: No 050 -90 State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose compared to present h finding per Section and what grounds you urge for BoA to make eac 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 -31A & B _ , attach decision or orderl appealed. OK to attach addendum . SEE ATTACHED ADDENDUM Items enclosed as part of this Application: orderl addendum1 Locus map x Site planx showing present +plannedx structures Floor plans present x proposed_ elevations (HDC approved�,as) Listings lot area frontage setbacks_ GCR parking data x Assessor- certifieUaddressee Mist 4 sets x majling labels 2 setsx 200 fee payable to Town of Nantucket x proof 'cap' covenant (If an appeal, ask Town Clerk to serrcTBldg Comr record to BoA--F I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under the pains and penalties of per .iIry. SIGNATURE: Applicant Attorney /agent x 3(If not er or owner's attorney, enclose proof of authority) FOR BOA OFFICE USE Application copies recd: 4_ or for BOA one_/_ by One copy filed with Town Clerk on_J_J_ by complete ?_ One copy each to Planning Bd and Building Dept_J__/_ by $200 fee check given Town Treasurer on_J_/_ by waived ?_ Hearing notice posted_/_ /_ mailed_J__/_ I & Mme_/_, —/—J- Hearing(s) on_/_/_ cont'd to_/__/_, withdrawn ?_J__J_ Decision due by_/_J_ made_J__/_ filed TC_/__/_ mailed- -/-/-See related cases lawsuits other ADDENDUM Applicant seeks a modification of prior Board of Appeals Decision No. 050 -90 to allow the operation of a parking lot on the premises during the summer and early fall of 1991. The structures at 7 South Water Street were destroyed in a gas explosion and re- construction will not commence until the fall of 1991. During the interim period Applicant proposes to use the vacant lot area for a parking lot for up to 17 cars. There will be a maximum of one (1) attendant on duty. Temporary operation of a parking lot may relieve some of the downtown parking problems this summer. There is no specific zoning by law regulating parking lots except Section 139 -19. Applicant shall construct a picket fence around the perimeter of the parking area and railroad ties for bumpers around the lot perimeter. Pursuant to Section 139 -30A and 33A The Board can find that the proposed parking lot use is not more nonconforming than the uses permitted under the prior decision and find that modification for a temporary parking lot maybe granted. Such use not being sub- stantially more detrimental than the already permitted nonconform- ing use to the neighborhood. TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: Sgt 13 , 19 !0 CERTIFICATE OF GRANTING OF SPECIAL PERMIT (Massachusetts Gonieral Laws, Chapter 40A, Section 11) The BOARD OF APPEALS of the TOWN OF NANTUCKET, hereby certifies that a SPECIAL PERMIT has been GRANTED: To:(Owner /Applicant) E.M.R.E.Corp. (050 -90) Address:, Box 726. Nantucket, MA 02554 affecting the rights of the Owner /Applicant with respect to land or building at: 7 South Water Street and 12 Cambridge Street, Assessor's Map 4231, Parcel 31, Lot D -2, Land Court Plan 8787B, Cert. of Title No. 11,970 Deed Reference: Cert. 11,970 And the BOARD OF APPEALS further certifies that the attached Decision is a true and correct copy of its Decision GRANTING the FX 1AitX SPECIAL PERMIT and that copies of the Decision and of all plans referred to in the Decision have been filed with the Planning Board and the Town Clerk. The BOARD OF APPEALS calls to the attention of the Owner/ Applicant that General Laws, Chapter 40A, Section 11 (last paragraph) provides. that no XOMAIM XX61KJoM SPECIAL PERMIT, or any EXTENSION, MODIFICATION or RENEWAL thereof, shall take effect until (a) a copy of the Decision is certified by the Town Clerk that TWENTY (20) days have elapsed after the Decision has been filed in the office of the Town Clerk and no appeal has been filed (or, if such appeal has been filed, that it has been dismissed or denied) and (b) the certified copy is recorded in the Registry of Deeds for the County of Nantucket and indexed in the grantor index under the name of the Owner of Record or is recorded and noted on the Owner's Certificate of Title. The fee for such recording or registering shall be paid by the Owner /Applicant. Orra 1�i- IN 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 p02554) Application of E.M.R.E. Corp. (050 -90): (Box G 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, supporting do.ments, plans (Exhibit "A ") and testimony, the Board finds that the pro xty consists of three food service.uses, now known as the Deli, The Downey - flake, and the North Wharf Fish House, one retail establishment known as The T -Shirt Academy, and two apartments. There are two on -site parking spaces. 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 seat!-ng-- 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. 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 reasPns and upon the conditions hereinabove set forth, the Board unanimously grants the Special Permit reef with respect to the premises at 7 South Water Street and` .Cambridge Street. Dated: S =tie �3, 9 9v Lam..., William R. She & %%~__l V . aJG.L% -Aa ; J_ C. Ma shall B a Pe er Dooley ICERTI (rl�� FY THAT 20 DAYS HAVE EUZD AF TER THE'pECI$jpp WAS FILED IN THE OFFICE OF THE TOWN CLERK, AND THAT y NO APPEAL HAS BEEN PMSUANT G 40 A, SECTION 11 7'L Zr NZ Y 'N �. Y• .v � 6'i Y. y � if - k l 40