Loading...
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 (," -1Wt-9-- mo r 2 " If r 1 lZ / s d Tom,....,. ��(v►� 0 - 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/