HomeMy WebLinkAbout075-91ZONING BOARD OF APPEALS
14 South Water Street
Nantucket, Mass. 02554
Robert J. Leichter, Chairman Spencer M. Cowan, Jr.
Linda F. Williams, Vice Chairman Zoning Board Administrator
Ann Balas, Clerk Telephone (508) 228 -7215
To: Parties in Interest and Others concerned with the Decision
of the BOARD OF APPEALS in the Application of the following:
Application No. 075 -91--
Owner /Applicant: KATHLEEN M. McGRADY and WILLIAM W. ROBERTS,
owners, and WILLIAM' CASSIDY, lessee, c/o David J. Moretti, Fsq.,
N.P.P. Scite 64, Nantucket, Mass. 02554
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
Complaint in court w
Notice of the action
copy of the Decision
received within such
the Decision must be brought by filing a
ithin TWENTY (20) days after this day's date.
with a copy of the Complaint and a certified
must be given to the Town Clerk so as to be
TWENTY (20) days.
Date: 02 6 7z, UL
Robe
cc: Town Clerk
Planning Board
Building Commissioner
Leichter"- Chairman
X& (J / - 2 `t- - -? e- CL�
ZONING BOARD OF APPEALS
14 South Water Street
Nantucket, Mass. 02554
Map 55 -0 -0 5 West Creek Road
parcels 289 & 167 7 West Creek Road
RC 320/088
1. At a Public Hearing of the ZONING BOARD OF APPEALS held at
1:00 P.M., Friday, November 15, 1991, and continued on Friday,
December 13, 1991, in the Town and County Building, Broad Street,
Nantucket, Massachusetts, on the Application of KATHLEEN M.
McGRADY and WILLIz1M W. ROBERTS, owners, and WILLIAM CASSIDY,
lessee, c/o David J. Moretti, Esq., N.P.P. Suite 64, Nantucket,
Mass. 02554, Board of Appeals File No. 075 -91, the Board made the
following DECISION:
1. Applicants sought a Special Permit under §139- 9B(2)(i) and
(o) to allow use of a structure for food processing, manufacture
and packaging, and a take -out food establishment. In addition,
Special Permit relief was requested under §139- 18B(1) to allow
some of the required eleven (11) parking spaces to be located
off -site on the adjacent lot, which was to be leased by Applicant
for that purpose. Parking to be provided is computed for the
following proposed uses, including the addition to the existing
building of 680 S.F. of new space to be used for a separate
retail establishment and ancillary storage:
Dwelling unit (separate, existing) 1 space
Take -out station 5 spaces
Storage and other business space not 1 space
generally open to the public
(1 per 900 S.F., proposed
use of less than 1,349 S.F.)
Not more than 4 employees peak 1 space
(business, 1 per 3 employees)
Retail use (to be added, less than 2 spaces
499 S.F. proposed, 1 per 200 S.F.)
Storage ancillary to retail use 0 spaces
(less than 449 S.F., 1 per 900 S.F.)
Not more than 4 employees peak 1 space
(retail, 1 per 3 employees)
The premises are located at 5 and 7 WEST CREEK ROAD, Assessor's
Map 55, parcels 289 and 167 respectively, as shown in Plan Book
25, page 13. The property is zoned RC.
2. The Decision of the Board is based upon the Application and
materials submitted therewith, the testimony and evidence
presented at the Public Hearing, and an unfavorable
recommendation from the Planning Board.
3. At the continued hearing, the attorney for the prospective
tenant informed the Board that her client was withdrawing from
Application No. 075 -91 Decision
participation in the Application; the owner stated that she
wished to proceed with the Application, but that she wished to
add seating for eight (8) to the business proposed, making the
premises a restaurant, to which the planned take -out
establishment would be ancillary. She also informed the Board
that she would not be making the originally proposed addition to
the structure.
4. After discussion of the sufficiency of notice, Applicant
stated that she would not add seating to the premises and
withdraw the request, as she understood that the notice specified
that a Special Permit for a take -out food establishment had been
requested and noticed, and, therefore, she could obtain the
relief as originally desired.
5. Notice was taken of the Planning Board's unfavorable
recommendation and the proposed modifications to the parking area
which that Board would suggest in the event the Special Permit
were to be granted. The Planning Board expressed concern over
the liquor license which had been requested for the premises,
noting that such use generated particularly high volumes of
traffic and that the area was already congested and a major
thoroughfare. The Planning Board also expressed several
reservations concerning the proposed parking plan, notedly that
space #1 (as shown on the plan) would, most likely, back out onto
the street, in violation of the requirements of §139 -18C, and the
lack of turnaround space for spaces #9 and #10 on said plan, and
the lack of a comprehensive screening plan.
6. Testimony and evidence was presented that the request for
the liquor license had been withdrawn, that the lot was already
screened by fences and a hedge, that space 1 could be eliminated
because of the reduction in floor area (resulting from the
elimination of the addition), that spaces 9 and 10 had the
required 24 foot aisle width in which to turn around, and that
additional parking was available, as it has always been, along
West Creek Road, parallel to the road, at the front of the
building.
7. Applicant stated that she intended to operate a coffee /donut
shop, with hours of operation from 5:30 A.M. to about 5:00 P.M.
8. By a 4 -1 vote (Leichter, Williams, O'Mara, and Mitchell in
favor, Balas opposed) the Board finds the proposed uses in
harmony with the general purposes and intent of the Zoning Bylaw
and that said uses are not inherently in violation of §139 -
7E(4), that practical difficulties prevent locating the required
off - street parking on the same lot with the uses requiring them
and GRANTS the relief requested by Special Permit to allow use of
0;
Application No. 075 -91
Decision
the premises as a take -out food establishment under §139- 9B(2)(0)
and for food processing, manufacture and packaging under §139 -
9B(2)(i)and for off -site parking under §139- 18B(1) upon the
following conditions:
A. Applicant submit to the Board an amended plan removing
parking space #1 and the proposed addition, with the
remainder of the parking substantially as shown on the
plan revised at the hearing and marked as Exhibit A in
the file; and
B. Applicant must provide screening and lighting for the
parking area as required by §139 -19F; and
C. The premises are not to be open for bvsinPss serving
the public between the hours of 9:30 P.M. and 5:30
A.M.; and
D. The hours specified in C. would not preclude the owner
from working on the premises at other hours; and
E. The improvements to the site be completed substantially
in compliance with the amended plan to be submitted to
the Board as specified in/�
Date:
Mi
3
Robert J. /Leichter
Ann Balas
44k ` r
Kate Mitc ell
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, November 15, 1991, in the Town and County
Building, Broad Street, Nantucket, Massachusetts, on the
Application of:
KATHLEEN M. McGRADY and WILLIAM W. ROBERTS, owners, and WILLIAM
CASSIDY, lessee
Board of Appeals File No. 075 -91
Applicants are seeking a Special Permit under §139- 9B(2)(i)
and (o) to allow use of a structure for food processing,
manufacture and packaging, and a take -out food establishment. In
addition, Special Permit relief is requested under §139- 18B(1) to
allow some of the required eleven (11) parking spaces to be
located off -site on the adjacent lot, which
is
to be leased by
Applicant for that purpose. Parking to be
provided is computed
for the following proposed uses, including
the
addition to the
existing building of 680 S.F. of new space
to
be used for a
separate retail establishment and ancillary
storage:
Dwelling unit (separate, existing)
1
space
Take -out station
5
spaces
Storage and other business space not
1
space
generally open to the public
(1 per 900 S.F., proposed
use of less than 1,349 S.F.)
Not more than 4 employees peak
1
space
(business, 1 per 3 employees)
Retail use (to be added, less than
2
spaces
499 S.F. proposed, 1 per 200 S.F.)
Storage ancillary to retail use
0
spaces
(less than 449 S.F., 1 per 900 S.F.)
Not more than 4 employees peak
1
space
(retail, 1 per 3 employees)
The premises are located at 5 and 7 WEST CREEK ROAD,
Assessor's Map 55, parcels 289 and 167 respectively, as shown in
Plan Book 25, page 13. The property is zoned RC.
Ro ert J. L chter, Chairman
BOA Form 1 789 NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING Date
NANTUCKET, MA 02555 /�
CASE NoC/�
APPLICATION FOR RELIEF
Owner 's. name (s): Kathleen M McGradv and William w Raha t
Mailing address: 8 David J Moretti Esq., N P P Suite 64, Nantnrlro*, tea n2554
Applicant's name: William Cassia a Tenant and Kathleen M McGrady and William W.
Minn. s as Evners
Mailing address:
Location of lot: Assessor's map and parcel number 55.- 289
Street address: 5 West Creek Road
Plan Book
Registry Land Ct Plan, Plan Bk & Pg or Plan File 2S_1 i Loth_
Date lot acquired: OL /2 85 Deed Ref3?�L,oae Zoning district
Uses on lot - commercial: IN= _ xxa MCD ?_
- number of: dwellings_ duplex_ apartments_ rental roomz_
Building date(s): all pre -8/72? _ or
Building Permit appl In. Nos. #7812 -91 (3/7/91)
Case Nos. all BOA applications, lawsuits:
C of O yes - 6/1
State fully all zoning relief sought and respective Code section.:.:
and subsections, specifically what you propose compared to preser:z
and what grounds you urge for BOA to make each finding per Section
139 -32A if Variance, 139 -30A if a Special Permit (and 139 -33A
if to alter or extend a nonconforming use). If appeal per 139 -31A
& B _ , attach decision or order appealed. OK to attach addendum. .
Applicant is seeking relief under Section 139 -30A, 139- 18B.and 139- 9B(2)i and
139- 9B(2)6. If relief is granted, applicant would be able to operate a take -out
food establishment (with no seating) and a food processing facility which will be
ancillary to Buster's. Additionally, applicant would be able to meet his parking
requirements with off -site parking by using the contiguous lot that he has under
lease (as well as the subject lot). All of the required parking spaces are conforming
and a loading area will also be provided.
Items enclosed as part of this Application: orderl addendum2
Locus map_ Site plan_ showing present +planned structures
Floor plans present_ proposed_ elevations (HDC approved ?_)
Listings lot area frontage setbacks_ GCR parking data
Assessor- certifieTaddressee 1st 4 sets ma *llog labels 2 sets_
200 fee payable to Town of Nantucket proof 'cap' covenant
(If an appeal, ask Town Clerk to send Bldg Comr's record to BoA.)
I certify that the requested information submitted is substantially
complete and tr e t best of my knowledge, under the pains and
penalties of 3 y
SIGNATURE: plicant Attorney /agent x
o . Wei n, Esc
3(If not ow er r owner's a..torney, enclose proof of authority)
FOR BOA OFFICE USE /� p
Application copies reed: 4 i/or_ for BOA on) If" by C/
One copy filed with Town Clerk on� LU� by complete?
One copy each to Planning Bd and Building Dept ?
$200 fee check given Town Treasurer on��%�b waives ?_
Hearing notice posted/ / mailed�0,;�41/I & MA111V 9�, ZI-1 2-111
Hearing(s) on _j__/_ cont'd to_/_/_, �_/_ withdrawn ?__/__/_
Decision due bye_/_ made_f�_ filed TC�_/_ mailed__/__/_
See related cases lawsuits other
ead Oaf• .ty, ��
/' t� • v rm FA
Applicants are seeking a Special Permit under §139- 9B(2)(i) and
(o) to allow use of a structure for food processing, manufacture
and packaging, and a take -out food establishment. In addition,
Special Permit relief is requested under §139- 18B(1) to allow
some of the required eleven (11) parking spaces to be located
off -site on the adjacent lot, which is to be leased by Applicant
for that purpose. Parking to be provided is computed for the
following proposed uses, including the addition to the existing
building of 680 S.F. of new space to be used for a separate
retail establishment and ancillary storage:
Dwelling unit (separate, existing)
1 space
Take -out station
5 spaces
Storage and other business space not
1 space
generally open to the public
(1 per 9070 S.F., proposed `
use of less than 1,349 S.F.)
Not more than 4 employees peak
1 space
(business, 1 per 3 employees)
Retail use (to be added, less than
2 spaces
499 S.F. proposed, 1 per 200 S.F.)
Storage ancillary to retail use
0 spaces
(less than 449 S.F., 1 per 900 S.F.)
Not more than 4 employees peak
1 space
(retail, 1 per 3 employees)