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HomeMy WebLinkAbout040-91cL4o -4� 1 TOWN OF NANTUCKET BOARD OF APPEALS Nantucket, Mass. 02554 To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. 040 -91 Owner /Applicant: ROBERTS HOUSE CORP., owner, and SOMETHING INC., d /b /a SOMETHING NATURAL, INC. 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 a Complaint in court within TWENTY (20) days after this day's date. Notice of the action with a copy of the Complaint and a certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20) d; Date: off- 17 cc: Town Clerk Planning Board Building Commissioner ZONING BOARD OF APPEALS South Beach Street Nantucket, Mass. 02554 Map 42 -3 -1 31 Centre Street Parcel 68 RC At a Public Hearing of the BOARD OF APPEALS held at 1:00 P.M., Wednesday, June 19, 1991, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of ROBERTS HOUSE CORP., owner, and SOMETHING INC., d /b /a SOMETHING NATURAL, INC., of 11 India Street, Nantucket, Mass. 02554, Board of Appeals File No. 040 -91, the Board made the following DECISION: 1. Applicants are seeking a Modification of an existing Special Permit (BOA File No. 001 -87, as modified in BOA File No. 023 -91) to allow a change in use of the basement of a pre- existing nonconforming structure from retail to retail food service with one take -out service station and, in season up to six (6) employees peak shift and eight (8) seats in season, and off- season up to four (4) employees peak shift and thirteen (13) seats. Applicant also seeks relief by Special Permit under Section 139 -18B for a waiver of three (3) off street parking spaces required under Section 139 -18D. Six off street parking spaces exist and are allocated to the basement under the existing Special Permit, BOA File No. 133 -86. No structural changes are proposed. See also BOA File Nos. 001 -87 and 023 -91. The premises are located at 31 CENTRE STREET, Assessor's Map 42.3.1, parcel 68, as shown in Plan File 24 -B, Lot 1. The property is zoned RC. 2. Our decision is based upon the application and documents filed therewith, the testimony and evidence presented at the hearing, two letters in opposition, eleven letters in support, and a favorable recommendation from the Planning Board. 3. Applicants presented an analysis of the current parking arrangements on the property as shown on Exhibit A (appended to the Decision granting the Special Permit in BOA File No. 001 -87) allocating six (6) spaces in the lot to the use in the portion of the building to be used by Applicant. The proposed uses would require nine (9) spaces to comply with the requirements of §139 - 18D. 4. Applicant stated that guests in the Guest House rarely brought cars to the island, although some did rent cars once here, and that those who did have cars generally were not parking in the lot during the day. Most of the spaces in the lot were available for parking associated with the business uses on the property during the day. 5. Applicant stated that the take -out food business proposed would be primarily oriented toward year -round service to the local business community and guests staying in in -town guest houses (without cars) because he had an out -of -town location which would most likely be more attractive to people using cars because of the larger parking area and more extensive menu. Applicant proposed to offer a similar, but more limited, menu in town, with similar pricing, which, based upon his present operation out -of -town, is quite affordable and high quality. 6. The letters in opposition stressed the increase in intensity of use, parking demands (including the possibility that patrons would park dangerously and illegally to pick up food), litter, safety, and the general degradation of the quality of the neighborhood resulting from the introduction of the proposed use to that part of town. 7. The Board notes that similar, but more extensive, parking relief was granted in BOA File No. 079 -90 (Lucille JORDAN, et als.) for a location closer to the center of town. 8. The Board finds that the proposed use is not substantially more detrimental to the neighborhood than the existing use and is in harmony with the purpose and intent of the bylaw in providing a year -round place to eat at affordable prices. 9. The Board finds that granting of the parking relief requested for three (3) spaces is in harmony with the purpose and intent of the zoning bylaw and that compliance with the parking requirements would be physically impossible for the applicant and, if possible, would have a significant and adverse effect on the scenic and historic integrity of the neighborhood. 10. By unanimous vote, the Board GRANTS the relief requested as specified in paragraph 1 of this DECISION, by Modification of the exisiting Special Permit. Date: a2 Li da F. Wi liam Peter Dooley C. Ma hall Beale r Kate Mitchell 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, June 14, 1991, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of: ROBERTS HOUSE CORP., owner, and SOMETHING INC., d /b /a SOMETHING NATURAL, INC. Board of Appeals File No. 040 -91 Applicant is seeking a Modification of an existing Special Permit to allow a change in use of the basement of a pre- existing nonconforming structure from retail to retail food service with one take -out service station and, in season up to six (6) employees peak shift and eight (8) seats in season, and off- season up to four (4) employees peak shift and thirteen (13) seats. Applicant also seeks relief by Special Permit under Section 139 -18B for a waiver of three (3) off street parking spaces required under Section 139 -18D. Six off street parking spaces exist and are allocated to the basement under the existing Special Permit, BOA File No. 133 -86. No structural changes are proposed. See also BOA File Nos. 001 -87 and 023 -91. The premises are located at 31 CENTRE STREET, Assessor's Map 42.3.1, parcel 68, as shown in Plan File 24 -B, Lot 1. The property is zoned RC. Robert J. L chter, Chairman IIoA Form 1 9 Owner's name(s): NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 APPLICATION FOR RELIEF unrzr7-�m r cugE CORP _5/17/91 Date CASE No.��o - 91 Mailing address: 11 India St Nantucket MA O�SS4 Applicant's name: R013ERTS HOUSE CDPRP by Michael C. O'Reilly for Owner and ne ing, nc-d a Something Natural, Inc. by Matthew G. Fee - Mailing address: 11 India St. Nantucket MA 02554 Location of lot: Assessor's map and parcel number 4231 - 68 Street address: 11 rontre street Registry Irra� Gt- P1a��T- F'lata-T3 - &- �'� Plan File Z4B-_ Lo th_ Date lot acquired: 0 05 86 Deed Ref 2a, 17$ Zoning district Rr Uses on lot - commercial: None ____ or Guest House & Retail MCD ?_jQ_ - number of: dwelling`.:_ duplex__ apartments_ rental rooms 14 Building date(s): all pre -8/72? YES or Building Permit appl'n. Nos. C of O? Case Nos. all BOA applications, lawsuits: BDA 133 -86, 001 -87 and 023 -91 State fully all zonincj relief sought and respective Code sections and subsections, specIN- Cal.ly wliat 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 x if to alter or extend a nonconforming use). If appeal per 139 -31A -&-B _ , attach decision or order, appealed. OK to attach addendum . See Addendum attached. Items enclosed as part of this Application: order.l addendum2_x_ Locus map x site plan_x_ showing present +planned structures Floor plans present• x proposed_ elevation-- (HDC approved'_) Listings lot area r. frontage x setbacks x GCR x parking data x Assessor- cert-ifie(T iiddressee IT 4 sets x mallrig labels 2 sets $200 fee payable to Town of Nant:ucket­x _ proof 'cap' covenant (If an appeal, asic Town C1erY, to send Bldg Comris record to BOA.) I certify tl recq��4a.*ted information submitted is substantially complete d true ✓Etle: st of my knowledge, under the pains and penalt' s of u SIGNAT i Applicant x Attorney /agent _ e O' e ley, P s. 3(If not owner or owner's a- orney, enclose proof of authority) FOR BOA OFFICE USE Application copies rec' d: 4 /� or for BOA on,q/,f by_ &Ad One copy filed with Town Clerk on- !/ by�_ complete ?_C­� One copy each to Planning 13d and Building D ^pt_J-JV'/ by _- /z,'2j.z LQL waived $200 fee checY. given Town Treasurer on p/- Hearing notice posted_ c /� mailed64J2 I & Mjj �- — — Hearing(s) or�_/�_ cont'd �_/_ withdrawn ?_ / made /_ filed TC�__-/_ mailed_,/ _ Decision due by_/_ /_ �__ See related cases_._ - -_— law ,snit: - I oti_ _ T_ (46 � ?/ 5/17/91 ROBERTS HOUSE CORP. Board of Appeals file No. (2 0 -91 Applicant seeks Modification of existing Special Permit (133 -86) to allow a change in use of the basement of a pre- existing nonconforming structure from retail to retail food service with one take -out service station and, in- season up to six employees peak shift and 8 seats in- season and off - season up to four employees and 13 seats. Applicant also seeks relief under Section 139 -18(B) for waiver of three off street parking spaces required under 139- 18(D). Six off street parking spaces exist and are allotted to the basement use under Special Permit (133- 86). No structural changes are proposed. See also BOA file No. 001 -87 and 023 -91.