HomeMy WebLinkAbout064-91BOARD OF APPEALS OF NANTUCKET
TOWN OF NANTUCKET
NANTUCKET, MA 02554
File No. 064 -91
:!ap42 . 3 . 1 Parcel 31
TN RE: THE APPLICATION OF E.M.R.E.
Upon the request of the Applicant(s) made
prior to
(check one) X
after
publication of notice of a public hearing on the above captioned
application, we
acknowledge as a matter of right and withou
prejudice
(check one) X
approve without prejudice
approve, but with ,prejudice
the withdrawl
in full of the said application.
(check one)
X of so much of the said application as _
A REQUEST FOR SPECIAL PERMIT RELIEF
UNDER SECTION 139 -18B
Dated:
December 18, 1991
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ZONING BOARD OF APPEALS
South Beach Street
Nantucket, Mass. 02554
November 27, 1991
To: Parties in Interest and Others concerned with the Decision
of the BOARD OF APPEALS in the Application of the following:
Application No. 064 -91
Owner /Applicant: E.M.R.E. CORP.
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 giv n to the Town lerk so as to be
received within such TWENTY 0) djays-
cc: Town Clerk
Planning Board
Building Commissioner
J,J ichter, Cha
Town of Nantucket
Board of Appeals
Nantucket, MA 02554
RE: 7 South Water Street and 12 Cambridge Street
Map 4231, Parcel 31
Lot D -2, L. C. Plan 8787.B
Title: Certificate No. 11,970
Zoning District R -C
DECISION:
The Board `of Appeals a a Public Hearing held on Friday,
October 18, 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. (064 -91) 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 as pre-
existing non - conforming use or structure and.Special Permit relief
from Parking requirements, Section 139 -18G, if required. In the
alternative, Applicant seeks a modification of Permit No. 050 -90.
In addition, Variance relief from Section 139 -20 (Off Street
Loading Facilities) is requested. 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 Applications, supporting
documents, plans and testimony and the prior Application No.
050 -90, the Board, it appears that the property has consisted
of three (3) food service uses, one retail establishment, and two
apartments. There are two on -site parking spaces. The Board notes
that the relief granted under Permit 034 -91 has expired, no
extension is requested.
3. Applicant proposes to change the interior layout of the
food service uses from the floor plan submitted.to Permit 050 -90
to the floor plan attached hereto as Exhibit A. No additional
ground cover, parking waivers or other zoning relief should be
necessary to validate the proposed interior changes based upon
Applicants "Zoning Information" Sheet submitted with the
Application.
4. Modification of Special Permit 050 -90 is granted to allow
the reconfiguration of the interior space and alter door and window
locations upon Historic District Commission approval in substantial
conformity to the floor plan attached hereto as Exhibit A. The
seating capacity of 43 in the food service use noted as Tenant #3,
shall remain the same. The seating capacity in Tenant #1 shall not
exceed 38 and the seating capacity for Tenant #2 shall not exceed
38. Tenants #1 and #2 may each have one take -out register.
5. The Board finds that Special Permit relief for the
interior layout and /or modification of Permit 050 -90 may be granted
and the proposed change will not be substantially more detrimental
to the neighborhood as set forth in Section 139 -33A.
The Board finds that the requested Variance relief from
Section 139 -20 (off street loading facilities) is not necessary
because the proposed modification is of such a degree and character
that it does not modify the pre- existing uses and structures or the
alterations permitted in Permit #050 -90 and thus require the
imposition of Section 139 -20.
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 must be ancillary to on -site business;
C. the renovations must be completed in substantial
conformity with the plan submitted in Permit 050 -90 and
Exhibit A attached hereto;
D. one (1) of the three (3) food service uses shall
have its hours of operation restricted to no later than
9:00 P.M.
E. The seating capacity for Tenant #1 shall not exceed
38. The seating capacity for Tenant #2 shall not exceed 36.
The seating capacity for Tenant #3 shall not exceed 43.
No increase in total number of employees without further relief.
7. For the reasons and upon the conditions set forth for the
herein, the Board unanimously grants the Special Permit relief and
modification with respect to the premises at 7 South Water Street
and 12. Cambridge' Street and finds that Variance relief from Section
139 -20 is not necessary.
Dated: November 1 , 1991
ale Waine
Pete i�, Dopley
Ag
Linda F. illiams
tlilm _br all ,�4-
Ann Balas
M' e1 0 'Mara eeemaed Alovewiw
ZONING BOARD OF APPEALS
South Beach Street
Nantucket, Mass. 02554
November 27, 1991
CERTIFICATE OF GRANTING OF MODIFICATION OF SPECIAL PERMIT
(Massachusetts General Laws, Chapter 40A, Section 11)
The BOARD OF APPEALS of the TOWN OF NANTUCKET, hereby
certifies that a VARIANCE and /or SPECIAL PERMIT has been GRANTED
To: (Owner /Applicant) E.M.R.E. CORP.
Address: Box 726,-..Nantucket, Mass. 02554
affecting the rights of the Owner /Applicant with respect to the
land or building at: 7 South Water Street and 13 Cambridge
Street, Nantucket, Mass.
Deed Reference: L. C. 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
MODIFICATION OF 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 the General Laws, Chapter 40A, Section 11
(last paragraph) provides that no VARIANCE and /or 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 an 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 reco ding or registering shall be paid by the
¢Ayer /Applip,K t.
ert eichter,`thairman Ann Balas; Clerk
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
NOTICE
A Public Hearing of the BOARD OF APPEALS will be held on
FRIDAY, OCTOBER 18, 1991 at 1:00 P.M. in the Town and County
Building, Nantucket, on the Application of:
E.M.R.E. CORP.
Board of Appeals File No. 064 -91
Applicant is seeking a MODIFICATION of an existing
Special Permit granted in Board of Appeals File No. 050 -90, as
modified in Board of Appeals File No. 034 -91, to authorize
reconfiguration of the businesses proposed to occupy said
building from the plans originally approved and incorporated
into the Decision in 050 -90. The reconfiguration will reduce
the seating in the Downeyflake from 76 to 38 and add 38 seats
to the Deli; both will retain one (1) take -out station each. In
the alternative and /or in addition to the foregoing request for
relief, Applicant requests relief by Special Permit under
Section 139 -30A and 139 -33A to expand or alter a structure said
to be-pre- existing and non - conforming as to ground cover and
side /rear setback, a Special Permit under Section 139- 18B(2)
for a waiver of additional parking requirements to the extent
necessary to allow the proposed uses, and a Variance, if
necessary, under Section 139 -32A from the requirement of
Section 139 -20 for an off - street loading facility.
The premises are located at 7 SOUTH WATER STREET, and 12
CAMBRIDGE STREET, Assessor's Map 42.3.1, Parcel 31, as shown on
Land Court Plan 8,787 -B, Lot D -2. The property is zoned
RESIDENTIAL - COMMERCIAL.
Robert J. L chter, Chairman
,.f LEASE NOTE:�THIS NOTICE HAS DELETED A SENTENCE PREVIOUSLY
CONTAINED IN THE NOTICE ON THIS MATTER YOU, AS AN ABUTTER HAVE
JUST RECEIVED. THE SENTENCE IS "NO EXTERIOR CHANGES ... ARE
PLANNED." THERE WILL BE MINOR EXTERIOR CHANGES RELATING TO
PLACEMENT OF SOME WINDOWS AND DOORS. THERE WILL BE NO CHANGES
IN THE FOOTPRINT.
2--47/ -' rss� TTY.-
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, October 18, 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. 064 -91
Applicant is seeking a Modification of an existing Special
Permit granted in Board of Appeals File No. 050 -90, as modified
in Board of Appeals File No. 034 -91, to authorize reconfiguration
of the businesses proposed to occupy said building from the plans
originally approved and incorporated into the Decision in 050-
90. The reconfiguration will reduce the seating in the
Downeyflake from 76 to 38 and add 38 seats to the Deli; both will
retain one (1) take -out station each. No exterior changes from
the plans appended to the Decision in 050 -90 are planned. In the
alternative and /or in addition to the foregoing request for
relief, Applicant requests relief by Special Permit under §§139 -
30A and 139 -33A to expand or alter a structure said to be pre-
existing and nonconforming as to ground cover and side /rear
setback, a Special Permit under §139- 18B(2) for a waiver of
additional parking requirements to the extent necessary to allow
the proposed uses, and a Variance, if necessary, under §139 -32A
from the requirement of §139 -20 for an off - street loading
facility.
The premises are located at 7 SOUTH WATER STREET and 12
CAMBRIDGE STREET, Assessor's Map 42.3.1, parcel 31, as shown on
Land Court Plan 8,787 -B, Lot D -2. The property is zoned RC.
Robert J. L 'chter, Chairman
BoA-Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS Sept. 25, 1991
TOWN AND COUNTY BUILDING Date
NANTUCKET, MA 02554 `l
CASE No. -_
Owner's name(s):
APPLICATION FOR RELIEF
E. M. R. E. CORP.
Mailing address: Box 726, Nantucket, MA 02554
Applicant's name:
Same
Mailing address: Same
Location of lot: Assessor's map and parcel number 4231-131
Street address: 7 South Water Street, and 12_Cambri
Registry Land Ct Plan, p2AMZkX1XRgXpXXRJAHXRjJm 87878 Loth
Date lot acquired: ��85 Dee Cert. d /Ref 11,E Zoning district R/C
1 retail space
Uses on lot - commercial: None or 3 food serv. MCD ?No
establishments
- number of: dwellings 0 duplex 0 apartments _2 rental rooms -0
Building date(s): all pre -8/72? yes or
C of O?
Building Permit appl'n. Nos. 050 -90 dated 9/13/90
Modification of 050 -90 dated 5/31/91
Case Nos, all BoA applications, lawsuits:
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 X if Variance, 139 -30A X if a Special Permit (and 139 -33A
X if to alter or extend a nonconforming use). If appeal per 139 -3 A
& 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 plan X showing present_ +planned x structures
Floor plans present X proposed elevations x (HDC approved ?_)
Listings lot area frontage setbacks X GCR� parking data
Assessor - certified addressee 1st 4 sets_ x ma�ling labels 2 setsx
200 fee payable to Town of Nantucket 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 perjury. It// 9 2 %//
SIGNATURE:. Applicant Attorney /agent X
3(If no o ner or owner's attorney, enclose proof of authority)
FOR A OFFICE USE ^Q/ /�
Application copies rec d: 4_ or for BoA on�� /( byKf'V
One copy filed with Town Clerk on- - ? b 1-�->> complete?
One copy each to Planning Bd and Building Dept V/G -f by(
$200 fee check given Town Treasurer on 2JO &Ly W— waived ?_
Hearing notice posted�fQe/mailed( I & M� - -, � -f-
Hearing (s) on_/__/_ cont' d to--/__/_, ��_ withdrawn ?__/_/_
Decision due by _/__-/_ made _J_ filed TC —/_/_ mailed_/_
See related cases lawsuits other
ADDENDUM
Applicant seeks: 1) special permit relief pursuant to
Section 139 -30A and 139 -33A to expand and /or alter a pre-
existing non - conforming use or structure, 2) special permit
relief pursuant to Section 139 -18G for parking waiver for such
parking relief as may be necessary and 3) variance relief
pursuant to Section 139 -32A for a waiver of Section 139 -20,
Offstreet Loading Facilities.
Applicant owns Lot D -2, Land Court Plan 8787 -B, Assessor's
Map 4231 -131, known and numbered as 7 South Water Street and
12 Cambridge Street. The area is zoned Residential - Commercial.
The structure and uses on the property were all in existence
prior to 1972.
Applicant proposes reconstruction of the building formerly
occupied by the Downyflake Restaurant, North Wharf Fish House,
The Deli, and the second floor apartment. This portion of the
structure on the property was destroyed by a gas explosion.
There is no proposed change to the portion of the property known
as the T -Shirt Academy of Nantucket or the apartment above it.
Special permit relief is requested to authorize the reconfig-
uration of the interior space among the businesses formerly known
as The Deli and the Downyflake. No additional ground cover,
parking waivers or zoning relief should be necessary to validate
the proposed interior changes.
The area known as The Deli will be expanded to include a
portion of the restaurant formerly known as the Downyflake. The
"Deli" will continue to have one take -out station and will add 38
seats. The area known as the Downyflake will continue to have one
take -out station. Its seating will be reduced from 76 to 38.
There is no net increase in the total seating capacity or
parking spaces.
Variance relief pursuant to Section 138 -32A from the require-
ments of Section 139 -20, Off Street Loading Facilities is request-
ed, if required. Due to the size of the existing building on the
lot and the pre- existing nature of the building and uses,
imposition of the zoning requirement would impose on undue hard-
ship, being physically impossible to accomplish. Variance relief
can be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the in-
tent or purpose of such by -law. In the alternative the Board
could find that the proposed change or alterations are of such a
degree and character that they do not modify the pre- existing
uses and structure and thus would not require imposition of the
OffStreet Loading Facility requirement of the zoning by -law.
ZONING INFORMATION
Map 42.3.1 Parcel 131 Zone RC
ZONING REQUIREMENTS
Minimum lot size 5000 sq. ft.
Required frontage 40 feet
Ground coverage ratio 50%
Front setback 0 feet
Side /rear setback 5 feet
ACTUAL TABULATIONS
Lot size 6098 sq. ft.
Frontage 87.72 feet
Allowable ground
cover 3049 sq. ft.
Actual ground cover 4620 sq. ft.
Actual side setback
(north) 0 ft.
PARKING REQUIREMENTS With 8/17/90
1990 *corrected Special Permit Proposed
Restaurant seats:
Fish House (43) 1:8
)
5
5 5
Downyflake ( 7 6 ) 1:8
) 2 9
10
10 5
Deli (0)
0
0
0 5
Take out food
counter (Deli)
5
5
5 5
Take out counter
(Downyflake)
0
5
5 5
Retail (1/200 sq. ft.) 5
5
5 5
Employees:
Retail (3 max)
1
1
1 1
Downyflake (6 max)
2
2
2 2
Deli (3 max)
1
1
1 1
Fish House (6 max)
2
2
2 2
Dwellings: (2)
2
2
2 2
Total Parking
Requirements:
47
38
38 **
* *waiver of parking
space for addition
of 920 +- sq. ft.
(38 seats)
(38 seats)
38
* The parking requirements for 7 South Water Street were calculated
incorrectly in 1990 when the special permit was granted to enlarge
the orginal "Downyflake" building. Above are the figures submitted
in 1990 and the corrected figures.
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,
plans (Exhibit "A ") and testimony, the Board find
consists of three food service uses, now known as
flake, and the North Wharf Fish House, one retail
as The T -Shirt Academy, and two apartments. There
spaces.
supporting documents,
s that the property
the Deli, The Downey -
establishment known
are two on -site parking
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 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 an_d 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 reasons and upon the conditions hereinabove
forth, the Board unanimously grants the Special Permit relief
with respect to the premises at 7 South Water Street and 12
Cambridge Street.
Dated: �3� 9c)
William'R. Sherman
UK 0,
C. Ma shall B a
set
To-v�n of 14antucke
Board of Appeals
Nantucket, MA 02554
DECISION:
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.
,zdA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS Sept. 25, 1991
TOWN AND COUNTY BUILDING Date
NANTUCKET, MA 02554
CASE NO._-
• APPLICATION FOR RELIEF
Owner's name(s): E. M. R. E. CORP.
Mailing address: Box 726, Nantucket MA 02554
Applicant's name: Same
Mailing address: Same
Location of lot: Assessor's map and parcel number 4231 -131
Street address: 7 South Water Street and 12 Cambridge Street
Registry Land Ct Plan, 1?13WZkX1XkgX&XXkJAHXRjJg 87878 LotD2
Cert.
Date lot acquired: _�JLJ85 Deed /Ref 11,970 Zoning district R/C
1 retail space
Uses on lot - commercial: None or 3 foo serv. MCD.No
establishments
- number of: dwellings 0 duplex 0 apartments_ 2 rental rooms 0
Building date(s): all pre -8/72? yes or C of O ?_
Building Permit appl'n. Nos. 050 -90 dated 9/13/90
Modification of 050 -90 dated 5/31/91
Case Nos. all BOA applications, lawsuits:
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 X if Variance, 139 -30A X if a Special Permit (and 139 -33A
X if to alter or extend a nonconforming use). If appeal per 139 -3A
& 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 plan X showing present +planned x structures
Floor plans present X proposed elevations x (HDC approved ?_)
Listings lot area frontageX setbacks x GCRTX_ parking datax
Assessor - certified addressee list 4 sets x mailing labels 2 setsg
200 fee payable to Town of Nantucket_ proof 'cap' covenant
(If an appeal, ask Town Clerk to send Bldg Comr ss 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 o ner or owner's attorney, enclose proof of authority)
FOR BOA OFFICE USE
Application copies recd: 4_ or for BOA on_f_/_ by
One copy filed with Town Clerk on_ / _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_/_ I & Mme_/_,
Hearing(s) on_/�_ cont' d to--J__/_, _/�_ withdrawn ? _J__/_
Decision due by_/�_ made_/_ filed TC_/_/_ mailed_/_
See related cases lawsuits other
ADDENDUM
Applicant seeks: 1) special permit relief pursuant to
Section 139 -30A and 139 -33A to expand and /or alter a pre-
existing non - conforming use or structure, 2) special permit
relief pursuant to Section 139 -18G for parking waiver for such
parking relief as may be necessary and 3) variance relief
pursuant to Section 139 -32A for a waiver of Section 139 -20,
Offstreet Loading Facilities.
Applicant owns Lot D -2, Land Court Plan 8787 -B, Assessor's
Map 4231 -131, known and numbered as 7 South Water Street and
12 Cambridge Street. The area is zoned Residential - Commercial.
The structure and uses on the property were all in existence
prior to 1972.
Applicant proposes reconstruction of the building formerly
occupied by the Downyflake Restaurant, North Wharf Fish House,
The Deli, and the second floor apartment. This portion of the
structure on the property was destroyed by a gas explosion.
There is no proposed change to the portion of the property known
as the T -Shirt Academy of Nantucket or the apartment above it.
Special permit relief is requested to authorize the reconfig-
uration of the interior space among the businesses formerly known
as The Deli and the Downyflake. No additional ground cover,
parking waivers or zoning relief should be necessary to validate
the proposed interior changes.
The area known as The Deli will be expanded to include a
portion of the restaurant formerly known as the Downyflake. The
"Deli" will continue to have one take -out station and will add 38
seats. The area known as the Downyflake will continue to have one
take -out station. Its seating will be reduced from 76 to 38.
There is no net increase in the total seating capacity or
parking spaces.
Variance relief pursuant to Section 138 -32A from the require-
ments of Section 139 -20, Off Street Loading Facilities is request-
ed, if required. Due to the size of the existing building on the
lot and the pre- existing nature of the building and uses,
imposition of the zoning requirement would impose on undue hard-
ship, being physically impossible to accomplish. Variance relief
can be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the in-
tent or purpose of such by -law. In the alternative the Board
could find that the proposed change or alterations are of such a
degree and character that they do not modify the pre- existing
uses and structure and thus would not require imposition of the
OffStreet Loading Facility requirement of the zoning by -law.
ZONING INFORMATION
Map 42.3.1 Parcel 131 Zone RC
ZONING REQUIREMENTS
Minimum lot size 5000 sq. ft.
Required frontage 40 feet
Ground coverage ratio 50%
Front setback 0 feet
Side /rear setback 5 feet
ACTUAL TABULATIONS
Lot size 6098 sq. ft.
Frontage 87.72 feet
Allowable ground
cover 3049 sq. ft.
Actual ground cover 4620 sq. ft.
Actual side setback
(north) 0 ft.
PARKING REQUIREMENTS With 8/17/90
1990 *corrected Special Permit Proposed
Restaurant seats:
Fish House (43) 1:8
)
5
5
5
Downyflake (76) 1:8
)29
10
10
5 (38 seats)
Deli (0)
0
0
0
5 (38 seats)
Take out food
counter (Deli)
5
5
5
5
Take out counter
(Downyflake)
0
5
5
5
Retail (1/200 sq. ft.) 5
5
5
5
Employees:
Retail (3 max)
1
1
1
1
Downyflake (6 max)
2
2
2
2
Deli (3 max)
1
1
1
1
Fish House (6 max)
2
2
2
2
Dwellings: (2)
2
2
2
2
Total Parking
Requirements:
47
38
38 **
38
* *waiver of parking
space for addition
of 920 +- sq. ft.
* The parking requirements for 7 South Water Street were calculated
incorrectly in 1990 when the special permit was granted to enlarge
the orginal "Downyflake" building. Above are the figures submitted
in 1990 and the corrected figures.
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,
plans (Exhibit "A") and testimony, the Board find
consists of three food service uses, now known as
flake, and the North Wharf Fish House, one retail
as The T -Shirt Academy, and two apartments. There
spaces.
supporting documents,
s that the property
the Deli, The Downey -
establishment known
are two on -site parking
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 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 an_d 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 reasons and upon the conditions hereinabove
forth, the Board unanimously grants the Special Permit relief
with respect to the premises at 7 South Water Street and 12
Cambridge Street.
Dated: ``i�e/Y� �3� 9v
J/4'
William'R. Sherman
C. Ma shall B al
set
Torn of Ilan uuci -e-u
Board of Appeals
Nantucket, MA 0255
DECISION:
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.
I
0
Iq
E
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 duri- ng_inc- cement 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.
_ y� Nell Martin
C. t .-er of zne shai_
Or such fence as ' -ay be ao rC'.,aa
Com—,Lsslon.
D. The lot shall be graveled.
E. Daytime use of the lot shall be restricted -LO 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 3/ , 1991
Da Waine
Peter Doo ey
I CERTIFY THAT 20 OAYS HAVE ElA
PM AFTER , L DEM04
WAS FILED .`d Tr; "�`iICE I- ?i;:f(Jl!CLER1<.A ?a "HAT S
PEBSGANTTo GE
ty0 APPEAL t IAS BEEN F
40A. SECTION It /I7
I
Linda F. Will(i'ams
C. Marshal Beale
�Ee�ve� /L!xy v/ /99/