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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)