Loading...
HomeMy WebLinkAbout14-16 17B Old South RoadFee: $450.00 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Owners natne(s): 17 OSR, LLC d /b /a Fusaro's Restaurant Uer i j;:vrt & County ButidlVV_ 16 Broad St Nantucket, MA 02554 File No, 14 -16 Mailing address: 17 Old South Road, Nantucket, MA 02554 Phone Number: 508 - 221 -0306 E -Mail: Applicant's name(s): 17 OSR LLC d /b /a Fusaro's Restaurant MailingAddtess. 17 Old South Road, Nantucket, MA 02554 Phone Number: 508 - 221 -0306 E -Mail: Locus Address: 17 Old South Road Assessor's Map /Parcel: 67 -41.2 Land Court Plan /Plan Book & Page /Plan File No.: Lot 4, Plan File 44 -Q, Nantucket Registry of Deeds Deed Reference /Cettiftcate of Tide: 1496/25 __ Zoning District CN Uses on Lot- Cotrunercial:: Yes (describe) restaurant Residential: Number of dxvelbngs Duplex Apartments Date of Structure(s): all pre -date 7/72 _ - or Building Permit Numbers: Previous Zoning Board Application Numb 2 Fairgrounds Road Nantucket MnssAchusetts 02554 508 -228 -7215 telephone 508- 228 -7298 facsintile State below or attach a separate addendum of specific special permits or variance relief appplying for: A Variance pursuant to Section 139 -32 of the By -Law to allow placement of a seasonafawning over the front patio of Fusaro's Restaurant which would be located five (5') feet into the ten (10') foot front yard setback area. Alternatively, the Applicant asks the zoning Board to make a finding that no such zoning relief is necessary because the awning is a temporary structure (see attached Addendum "A" ). I certify that the infaimation contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjttty. 17 OR, LLC By Its Attorr SIGNATUR Kevin F. SIGNATU Owner* Applicant /Attorney /Agent* *If an Agent is reptfsenting the Owner or the Applicant; please provide a signed proof of agency. OFFICE USE ONLY Application received on:`/_ f _ By: . Complete: Need Copies: Filed with Town Clerk: —/—/— planning Boatd:_/_/,13 iding Dept.:_/_/_ By:_ Fee deposited with Town Tieasurer:_/_f_ By :— Waiver requested: Granted: —/ —J^ Hearing notice posted with Town Clerk, _/ / 114ailed:�/�J Ic3cA2„f_/^ &`/� j� Hearing(s) held on :_/_ /_ Opened on Continued to: — /—/_ Withdrawn :-j_f_ Decision Due By ,,-/-J_ Filed w /Town Clerk:/_/_ Mailed: =f� 2 Pairgroands Road Nantucket Massachusetts 02554 508 - 228.7215 telephone 508 - 228 -7298 facsimile VAUGHAN, DALE, HUNTER AND BEAUDETTE HAND DELIVERY and EMAIL Eleanor Antonietti, Administrator Nantucket Board of Appeals, PLUS 2 Fairgrounds Road Nantucket, Massachusetts 02554 RE: 17 OSR, LLC d /b /a Fusaro's Restaurant 17 Old South Road Nantucket, Massachusetts 02554 Dear Eleanor: ZBA 14 -16 1VrGLIAM F. HU\ TER OF COUNSEL My client, 17 OSR, LLC d/b /a Fusaro's Restaurant ( "Fusaro's), is applying to the Nantucket Board of Appeals for a Variance to install a seasonal awning over a brick patio that will extend five (5') feet into the ten (10') foot front yard setback area along Old South Road. In the alternative, Fusaro's asks the Board to deem the awning a "temporary structure" and make a finding that no variance relief is required to install and use the seasonal awning. In support of this application, I enclosed the following: Signed Application; 2. Addendum "A"; 3. Locus Plan; PROFESSION}AU CORPORATION! ATTORNEYS AT L.Aw `I'IIALER's LA. \-E P.O. BOX 659 EDWARD FOLEY VAUGAAs NA, \'TUCEET,AIASSACHUSETTS02554 KEVIL: F. DALE — RICHARD P. BEAUDETTE TEU 15081228-4455 FAY 15081228.3070 Loan UELIA $RYA,\ J. SA VAIN April 11, 2016 HAND DELIVERY and EMAIL Eleanor Antonietti, Administrator Nantucket Board of Appeals, PLUS 2 Fairgrounds Road Nantucket, Massachusetts 02554 RE: 17 OSR, LLC d /b /a Fusaro's Restaurant 17 Old South Road Nantucket, Massachusetts 02554 Dear Eleanor: ZBA 14 -16 1VrGLIAM F. HU\ TER OF COUNSEL My client, 17 OSR, LLC d/b /a Fusaro's Restaurant ( "Fusaro's), is applying to the Nantucket Board of Appeals for a Variance to install a seasonal awning over a brick patio that will extend five (5') feet into the ten (10') foot front yard setback area along Old South Road. In the alternative, Fusaro's asks the Board to deem the awning a "temporary structure" and make a finding that no variance relief is required to install and use the seasonal awning. In support of this application, I enclosed the following: Signed Application; 2. Addendum "A"; 3. Locus Plan; Eleanor Antonietti, Administrator Nantucket Zoning Board of Appeals ZBA 14-16 April 11, 2016 Page 2 of 2 4. Existing Conditions Plan; 5. Proposed Conditions Plan; 6. Certified Abutter's List; 7. Awning Building Permit Application dated March 10, 2016; 8. Awning Sketch Plan; 9. HDC Certificate of Appropriateness No. 65429; 10. Two (2) sets of mailing labels; and 11. Check in the sum of $450 made payable to "Town of Nantucket ". Please schedule the matter for hearing on Thursday, May 12, 2016 before the Nantucket Board of Appeals and call me with any questions or concerns at 508 -228 -4455. 1 will email you the Application as a single document in pdf format this afternoon. Thank you for your help. Sincerely, KFD /mop Enc. cc: Tom and Stacy Fusaro ADDENDUM "A" The Applicant, 17 OSR, LLC ( "OSR "), is the owner of the property located at 17 Old South Road, Nantucket, Massachusetts 02554 shown as Lot 4 on a Plan recorded in Plan File 44- Q at the Nantucket Registry of Deeds ( "Locus "). The Locus is also shown as Parcel 41.2 on Nantucket Assessor's Map 67, has an area of 14,584+ square feet, is located in the Commercial Neighborhood ( "CN ") Zoning District and conforms to the intensity regulations of the CN Zoning District, which include a minimum lot area of 7,500 sq. ft., minimum frontage of 50 feet, maximum allowable ground cover of 40% of lot area, a minimum front yard setback of 10 feet and minimum side and rear yard setbacks of five (5') feet The locus has a ground cover of 10.68% (1,558 sq. ft.) and 64.53 feet of frontage along Old South Road. There is a year round commercial restaurant on the Locus known as " Fusaro's" that serves affordable Italian food and is owned and managed by Tom and Stacey Fusaro. There is an outside brick patio on the front of the restaurant building where restaurant patrons dine "al fresco" during the summer. The brick patio is approximately 20'x30' and the front of the brick patio extends 5' into the 10' font yard setback area. The brick patio is unprotected from the wind, rain and volatile Nantucket weather conditions. Given the current location of structures and the parking area on the southwesterly side of the Locus, there is no other area on the Locus to provide outdoor seating except the brick patio. The Applicant desires to install a seasonal awning over the brick patio to provide safe and reasonable shelter to restaurant patrons dining on the patio during the summer. The additional outdoor summer seating on the patio provides Fusaro's Restaurant with enough income to offset the reduced income the restaurant earns in the winter and the deprivation of outdoor patio seating Auld cause Fusaro's Restaurant to incur a significant hardship. Furthermore, the Applicant had obtained a Nantucket Historic District Commission Certificate of Appropriateness for the awning (Cert. No. 65429), has paid for the awning and hoped to have the awning in place over the patio for the 2016 summer season. On April 4, 20 t6, the Nantucket Zoning Enforcement Officer declined to issue an awning permit to the Applicant for the proposed awning because he deemed the awning to be a "structure" that would be located within the required front yard setback area. The Applicant asks the Board to grant a VARIANCE pursuant to Section 139 -32 of the By -Law to allow for the installation of the seasonal awning over the brick patio in front of the restaurant. As grounds for this request, Applicant states that owing to the shape and topography of the Locus and the structures thereon, especially affecting the Locus but not affecting generally other land in the CN Zoning District, a literal enforcement of the zoning by -law could cause substantial hardship to the Applicant and this VARIANCE relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent and purpose of the zoning by -law. Specifically, the proposed seasonal awning will provide safety and convenience to the public by protecting the public from wind and rain, and awnings typically intrude into a front yard setback or overhang a sidewalk as they do in the downtown area of Nantucket. A number of Nantucket restaurants have awnings over outdoor seating areas in order to make outdoor dining more pleasurable during the summer. The proposed awning will be attached to the building and supported by a metal frame bolted to concrete footings. It will have required safety equipment and lighting. Most tellingly, the Board has granted a Variance for a seasonal awning for an out of town Nantucket restaurant with a very similar factual background to this Application. In 2006, the Board granted a VARIANCE to Scootsam, LLC d/b /a Cinco to permit the installation of a seasonal awning over the front patio of the restaurant to be located "... no closer than two feet from the front yard lot line along Amelia Drive" (Scootsam, LLC, File No. 025 -06). The Scootsam, LLC Variance decision, the Board found that "... awnings by their very nature are a type of structure to provide convenient shelter from the elements, specifically wind and moisture, and are structures one would normally expect to intrude into the front yard setback and/or possibly overhang a sidewalk as is common in the downtown area" (Paragraph 5). The Board granted Scootsam, LLC a Variance permitting the awning to be located no closer than two (2) feet from the front yard lot line along Amelia Drive. These Variance decisions provide a persuasive precedent and rational for the Board to grant the requested VARIANCE relief to 17 OSR, LLC. Moreover, on August 26, 2015, the Board granted a Variance to Bonita Bar, LLC d/b /a Island Kitchen to allow the Applicant to construct a roof over an existing unenclosed restaurant patio to be sited within "... a few inches ... of the side property line (Bonita Bar, LLC, File No. 025 -15). The Board found that covering the patio would provide diners with a more tranquil dining experience, mitigate windy conditions and promote the objective of the Mid Island Planned Overlay District to promote economic vitality. Accordingly the Applicant asks the Board to grant the requested VARIANCE. In the alternative, the Applicant asks the Board to make a finding that the awning is a "temporary structure" and, therefore, does not require Variance relief. i awn anct County at Nantucket, MA ski `2fh p/v � �4r ��rhRv s°Ur;, r�a�r4P path r- 6141.1 j s LOCUS PLAN 17 Old south road a/ s Q' a so �Rr/ Y. i O� MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT Town and County of Nantucket, MA makes no Balms and no warranties, expressed or Implied, concerning the validity or accuracy of the GIS data presented on this trap. Parcels updated December, 2014 Properties updated January. 2015 11,2016 �4 r� yry y3 Qv sl 68246 ;` 21 , ` !< 10 L---j Y —gfus- 67436 �0 3 P` Property Information Property 6741.2 ID Location 17 OLD SOUTH RD Owner LEMBERG DAVID A & ERIN P-1 MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT Town and County of Nantucket, MA makes no Balms and no warranties, expressed or Implied, concerning the validity or accuracy of the GIS data presented on this trap. Parcels updated December, 2014 Properties updated January. 2015 11,2016 �4 r� yry y3 Qv sl 68246 ;` 21 , ` !< 10 L---j Y —gfus- ./' � f � p "„wig �[, �i ,���",riy� i i• :. 4 F �tr / / r f / e� xf " 1' i G � f Ft'' f mot. v � 1y� ./' � f � p "„wig �[, �i ,���",riy� i i• :. 4 F �tr / / r f / e� xf " 1' i EXISTING CONDITIONS PLAN ZQNING CLASSIFICATION: - rtirl. AREA .......rq - Yid MIN. FRONTAGE:...... fROPIT YARD S.&. rG:,'� °'`'.!�'`� MR h SLOE SET: ; .. , ... .. .. !NO t:0 071fERS G,RCUND CODER (R ?:. I C£RRFY, TO ME OFST OF 1.R' xNOYLEOGE. THAI ME O/-. D .SOU7T1-( co/yxo/f N - ry• U l� ROAD �. i PJGCUJAr� �•C =/x"38 S. �� 'cR7! Bad o a o iIVAC k iA/ /KS . 0 'a A-11- /7B O.C.D Sc�/y1tQO�FQ �_cYVOOI�/r� /Uh{ ,wr1' /Siiit'� .EGG -SOP ZY, 00 - - Yid rG:,'� °'`'.!�'`� MORTGAGE PLAT PLAN .. , ... .. .. !NO t:0 071fERS OF ��� �N I C£RRFY, TO ME OFST OF 1.R' xNOYLEOGE. THAI ME !Y PREMISES SHOM ARE LOCATEO III FLOM HAZARD ZONE: DEU lliEo ON FI,RIA. CaviluvAY PANEL. Fr����nJJ�� 1� NANTUCKET, (�1 ` NIA. / IN SM. 250 NCO 0.Lq ? eY THE MEW E.VERGENCY WWAGEMIEN( AgNCY, EFFECTIVE DATE OF , SCALD': / = 30` DATf:,7144YXFOVOI% MAPS: JUNE 9. 2014 AND AS PERIODICALLY RE44SEO. Q1YRC(: •�'1� /Q �'r(�.�8�%t`O.'¢/�r�/ I�i/Q'��4 MIS NISPECHON PLU7 WAS PREPARED FOR UORTGAGE PURPOSES V?LY AND IS NOr 70 DE CONS10ERE0 A FULL INSTRUJENT SURVEY.Deed 1�/S•302 t� /S% /Cer1.- °�S r/9.�.f�i•�r��P10R.`.G�. %�'� j -� WS PLAN SHOULO Al V. USED TO ESIASEISN PRO82fY LINES. FENCES HEDGES OR ANY ANCRIARSTRUCTURES Y STR ON THE PREMISES. _ TOx flap: /47 - yK,'9 LOCUS: 171E PROPERTY VUES $x0.1,71 RELY ON CURRENT OEEDS AND PWIS OF IS I?ISaP£Cnal PUN IS NOT A CERrIFICtT1ON AS TO THE ME OR MICHAEL CONNOLLY & ASSOC. INC. OIfT?CRW OF THE PROPERTY SHOW.. 01YNERS OF AOJOINING PROFESSIONAL LAND SURVEYORS PROPERTIES A•9E SWI101 ACCORVING 10 CURRENT TOW? OF AWNU'CfEr 149 SURFSIDE ROAD ASSESSOR'S RECORDS. i PLAN SWIL ROT DC USED FOR ANY OTHER PURPOSE OrWR IMI NANTUCKET, WSSACHUSETTS 02554 WENOEO USE STATED AROW. 508- 228 -8910 - — '-i PROPOSED,:CONDITIONS PLAN ZONING CLASSIFICATION: C/� Exr5A1rO WX AM .......?`s!?GS. OLIN. FRONTAGE:...... FROBT TARO S.A.. l � r'•; y- � `Cf!.(' NEtR k 510E S.B.; CRmo C04R (%):.. 4 � c oMMo� I OWBV6 N 0 m I� PRQFTfXE � r= avr�a�r/i'r /U�s( - - y SP.iU. 1-7` - • - 4 .00 - T-WA' 2lCkx; 7- Ta:. ""`4`'` MDRTGAnGF_fAPLOT PLAN .. .......... ARo Ro OTTfERS. �/� LAND IN 1 CERW f0 THE BEST OF We H{7 KtEOCE THAT THE PREMISES Sf( W17 ARC LOCATEO W FLOOD WWO ZWE: • . X�.. , OEL777EVE0 OR TJ.R -m- / e01d7FU'NTY PANEL NANTUCKET, MA. WG �8 F �� fREA VMZA4 EUEr E�ECtW RATE ar SCALE. /=a50 Da7E:r�Y7�20 /� IUPS: JUNE 9, 2011 ALTO AS PERTOO.'CALLY REWCO. Qirn2f: ply /O, ��•,<. �s,9.E,r(b.�, r2/ii'/'f. r�e�<'f ra WS R7SPECOM PLAN WAS PREPARED FOR YORTCAGC PURPOSES ONLY AND IS NOT TO BE COKSIOEREO A FULL WSTRUmETrT SURYEY Deed /Cerk: �`��%9r'.pN•. /�BPIoR': ` ",`l.'i!'Q �I/.JY. . TH75 PLAN SHOULD NOf RF -USED TO ESTARL75F7 PROPERTY LiNFS. FET7cE5 Was OR Ne ANCxwr 57Rm"ES ON THE PRGUISES• rax Map: IW `V -A Locus: 17 al THE PROPERTY tl.J[S SHO'k7T RELY ON CURREHr OEEOS AW PWIS OF RECORD, THIS WSPECTIM PLAN IS 1I0T A CERi1F)CATM AS TO WE TIRE OR MICHAEL CONNOLLY ' & ASSOC, INC. 01NERSW of THE PROPERTY SH07A7. mminS OF AOJOINPIC PROFESSIONAL LAND SURVEYORS PROPERRES ARE SNOPW ACCORONTG TO CURRENT T07177 OF 1'W7Tt"EF ASSESSOR" REcoRos. 149 SURF5lDE ROAD C PLA,'1 SHAH HOT 8E USED MR ANY O NER PURPOSE OTHER THAN NANTUCKE% MASSACHUSETTS 02554 'iTENOEO USE STATED A110W. 508 -228 -8910 I Town of Nantucket Zoning Board of Appeals RECEIVE[i BOARD OF ASSESSORS APR 0 8 mom TOWN OF NAN r : - .<ET, MA LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER.:..... OSR, t_ t_ C ..................... ............................... MAILING ADDRESS.., 17 Old South Road, ; Nantucket, MA 02554 PROPERTY LOCATION. 17 Old South Road ASSESSOR MAP/PARCEL... ,.7 -4 1. 2 . ..................... . SUBMITTED BY....... Kevin F. Dale: Esquire ......... 11.1 ............... . ..... . ... . SEE ATTACHED PAGES I certify that the foregoing is a list of all persons who are owners of abutting property, owners of land directly opposite on any public or private street or way; and abutters of the abutters and all other land owners within 300 feet of the property line of owner's property, as they appear on the most recent applicable tax list (M.G.L. c. 40A, Section 11 and Zoning Code Chapter 40A, Section 139 -29B (2). P OV-- "� / ASSESSOR'S OF TOWN OF NANTUCKET 0 H H N U) H aH W b H H H ��q z �i o o M` to m m N tn N o m M M Ul ul " N In N eq U7 N N O N N 01 C4 N N N N N N N N N N N N N N O O M O O O O O O O m m m 0 414 IWI IWI 1114 U U U U W m a0 m W u UaU 0 W H 0 U u t7 0 x U u F R aasaU H H W F F z F H F H$ W W W F z z w z z z z z a z w N c z x R N p R R❑ O R 3k U) ❑ ❑ R H x W H H H H C7 H M M 0 R ❑ U' Z V9 H R H O m r O O 9 O H H N A,' V) W N W 'c w w w R w o 2 4 b mm o o w �zd z14�� °a Pi m a O en ❑ m 14 N o m m M R kD kO r m O r N r r r .i H N H N W H co N m N N N r-1 W En H H H O O Fl a a a a a A w w w o w H s ou a a a °a °a H a a W PHi a 0 w 0 C4 Cl) to UI N H El O 0 0 0 3 U ry U U V W W z w U U U tl d E+ U 14 qa w N O 0 of, U xE o f, N 0 7 a U iR7 rR] O O f0 rl m 'T W x' H M O aC O OF W w z x o n x o a z z z x x w z E- i in EY w z o v a rW, 7aj ul w w w p z '!-� z H PHA: El o '�$ R � z z z zz ,ti M v' 0 �o r m 0 0 m N N O 0 a 9 0 z z x V O N O 0 0 z N M F a W R w zU z H w F 1 u, a a H x w- w 0 � r r r r r r r r r r r r r r W In w w w w lO l D lO W lD l0 W W 10 w w M 0 rn a. 0 N au r M JAI R 10 2016 T Sul BUILDING PERMIT NUMBER 13 ,Qy APPLICATION FOR BUILDING PERMIT IMPORTANT - Applicant to complete all items In Sections: 1, 22,, 3, 4, and 5 Please Print '�• OWNERS NAME (print ): /�vScr LOCATION Last First Middle Initial ` (� Sd K, OF r o jA-�. aj BUILDING No. street Assessor's Map No. Assessor's Parcel No. L� I • Z_ 2. TYPE AND COST OF BUILDING - All applicants complete Parts A -E A. TYPE OF IMPROVEMENT B. OWNERSHIP D. DIMENSIONS O New Building Dimensions of Structure ❑Addition O Public First Floor Area: U Alteration Second Floor Area: O Repair, replacement C. COST Third Floor Area: • Demolition TOTAL COST OF IMPROVEMENT Total Floor Area: _ ❑Moving 430 , O ©d , O_ • O Full Cellar Area: AW n i it E. PROPOSED USE Residential Detail scope of work by floor & provide the square footage. El One Family f7 0 Studio 4cec ❑ Two or more family - Enter number of units -7-0 Coy 2f CC T- 0 Hotel, Motel, Dormitory enter number of units - U Second Dwelling _ r 0 Garage U Pool -- C'_ 0lher - Specify For new buildings and additions, complete Parts N 3. SELECTED CHARACTERISTICS OF BUILDING for Demolition complete ont Pars 1. for all others ski to A. F. PRINCIPLE TYPE OF FRAME H. TYPE OF SEWAGE DISPOSAL K. ACCESSORY MEAT SOURCE C3 Wood frame U Public No. of fireplaces _. ff 0 Other - Specify U Private (septic lank, etc.) No. of Wood Stoves _ Other: I. TYPE OF WATER SUPPLY G. PRINCIPLE TYPE OF HEATING 0 Public 0 Gas Q Electricity 0 Private (well) L. RESIDENTIAL BUILDINGS Number of Bedrooms 0 Oil 0 Heat Pump J. SMOKE DETECTORS Number of Bathrooms U Other - Specify No. of Detectors Full Partial See Plan for Location 3. Continued M. ENERGY CONSERVATION Type Foundation or Floor insulation Wall Insulation Ceiling or Roof Insulation Window Glazing: Insulated Glass v Doors: Insulated Yes No Percentage of Window Area to Wall Area: Thickness R Value- Double Glass Storm Weatherstripped: Yes No N. STRUCTURAL CHARACTERISTICS OF BUILDING Applicant is required to submit complete structural framing plans with application due to the complexity of the structure, If the following information is insufficient for proper plan review. Maximum Span:" Foundation Second Floor Framing Joist size: Footing size: Footing reinforcing: Wall material: Wall thickness: Wall height: Wall reinforcing Pier or column size: Pier or column spacing: Pier or column footing size: Pier or column reinforcing: No. of crawl space vents: Crawl space: D Full 0 Partial FRAMING: Main Carrying members: Size: Support Spacing: _ First Floor Framing Joist size: Maximum Span:" Maximum Spacing: Second Floor Framing Joist size: Maximum Span: Maximum Spacing: Ceiling Framing Joist size: Maximum Span: Maximum Spacing: Roof Framing Joist size: Maximum Span: Maximum Spacing: Hoof Truss Applicant must submit design calculations for all wood trussos stamped by a Registered Professional Engineer. SKETCH OF PROPOSED WORK (minor projects) NOTES AND DATE (For Department Use) ( FEE CALCULATIONS 4. ZONING COMPLIANCE To be completed by all applicants Applicant is required to submit a registered plot plan with application, showing location of all structures. Zoning District: Total Land Area: Frontage on Street: Lot No.: Plan Book No. and Page: Land Court Plan No.: Date Lot Purchased: Certificate No.: Name of Previous Owner: SUBDIVISION INFORMATION Name of Owner: Date of Plan Approval: Type of Approval: ANR AR Planning Board File No.: Is the Subdivision subject to a Covenant: YES Is a Release required: YES NO Has Plan been filed with the Registry of Deeds? YES It YES: Plan Book and Page No.: Date DIMENSIONS Distance from Properly Lines: FRONT Distance between Principal and Secondary Dwelling: Height of structure above finish grade: N Number of off - street parking spaces: Enclosed GROUND COVER Principal Dwelling: _ Secondary Dwelling: Addition: Garage: Accessory Building: - Swimming Pool: Other: NO NO REAR LEFT (12ft, minimum) _E S __ On -site TIME SHARING INFORMATION Is there a declaration of Covenants and Restrictions of interval Ownership noted on your Title or Deed? Yes No W RIGHT Total: SF. Allowable, SF. MISCELLANEOUS Was a request to "Determine Applicability of (ho Protection Act" ailed with the Nantucket COnSerValien Committee? YES NO If answered YES, include 'Order of Conditions" with application. What date was the 'Order of Conditions" with application. What date was the 'Order of Conditions" filed with the Registry of Deeds? Is the property located within a Flood Hazard district? YES __ NO Was a Variance or Special Permit granted by the Board of Appeals? YES _ NO =- If answered YES, what date was the decision filed with the Town Clerk? =FOR ZONING OFFICER Minimum Lot Size: Ground Cover Ratio: _ Frontage on Street: _ Side and Rear Setback: _ "" Front Yaid: Secondary Dwelling approval Addltlonal Comments: Board of Appeals -- __ Lot Release Form APPROVED BY: Zoning Officer 5. IDENTIFICATION - To be completed by all applicants Name Mailing address - Number, street, city and state Zip Code Telephone No. �. I:+ 05 I L'LC- I_+0UQ .1) f o o7,G -5 .5v8�2� -t�lo SEPTIC Owner or Lessee SEWER Print Name Builder's License 2. (- Gv\ Contractor Signa ure rn (� � t 1A� Date 31��. j ip & Contact Person�f J 1' e n n a �'w`-�— Date 3! Ip (01'' -(010 -3463 Works Compensation Insurance Certificate or Affidavit must be submitted with this application. I hereby certify that the proposed work Is authorized by the owner of record and that I have been authorized by the owner to make this application as his authorized agent and we agree to conform to all applicable lays of this jurisdiction. Signature of applicant Address Telephone # �,� _ (o go s j„a,,J ja. e__r— 4Z-t yV, tMh C>Z(55 Print name 3)o v-. JQ E -Mail Address: d en/1p Eck e n c- DO NOT WRITE BELOW THIS LINE 6. PLAN REVIEW RECORD - For Office Use Plans Review Required HISTORIC DISTRICTS COMMISSION ki 2 1 to SEPTIC SEWER WATER WELL COMPLETION REPORT CONSERVATION COMMISSION FIRE CHIEF OVER-THE-ROAD (Board of Selectmen) ROAD OPENING PERMIT (DPW) PLUMBING ELECTRICAL 7. VALIDATION Building Permit Issued Building Permit Fee :late of Issuance of '__Certificate of Occupancy FOR DEPARTMENT USE ONLY Use Group Occupancy Load Census No. Approved by; Building Commissioner CERT1,ICATE NO: n ' I i DATE ISSUED./ // AppRcatfon to the HISTORIC DISTRICT COMMISSION. Nantucket, Massachusetts, for a CERTIFICATE OF APPROPRIATENESS - J to structuralw'otk. All blanks must be filled in usbg BLUE OR BLACK INK (no Perrin or marked WA. NOTE: It Is strongly recommended that the applleant be famltiar with the RDC guldellnea, Bul ng with Nantucket In Afind, prior to submittal o application, Please see other Aldo for subathtailectuirements. InSompleto applications will not be reviewed by the V10C. . Tf»s is a conUaCtual agreement end lrarsl loo filed out fn Imk,Ari appEptlm is hffeby made for fswarrce of a Celefkale of Appropriatonass order Chapter 395 of the Ads and Resdvss of Klass, 1970, to proposed %wk as described herein and.on plans. drevxgs and photographs accompanying this e995ralion and made a part hereof by raleranoo.. ���le 4 vafd for 9vee years ircm ate of issuancp; No`sUuc(ure may, Tiler � � � �D � from theaWatedaWtatien Yrotatonma `rnpedelssuanceofCeitficafeot FM tlsEaaY PROPERTY DESCRIPTION FF': Dale apptkathcn received: 24911-1. Fee Paid: $12S-00 TAX MAP N': tol `1 PARCEL N'..: I . f.", t be acted on by: Al r /11.1 -- — -- StreetSNumbernfPtoposedlVork: Extended to: Ormer of reco,rd:, 1-1- 3X -[,t.: C= - • ' Approved: J 'f?isa Quad: s 7 v Chairman: r. t ". AiatHngAddless ! G '';�oy�•- .�.7,a- '- , Member�� r: ContattfgtgrA SO$- ZZI-.oSolo - E•fAa"l:. -� � <ecr,`�c..,.«.r .,u� Member: Member. 14 , _ 7AENFOphATION {t O&j _ ce . • ttii r t /.amber: I �S • '� \ _ Notes • ents - �esUictions • Condm ens 777_ 7 �MaIStgAi7drGAS _ - - _ `,;gESCRIPTION OF WORK TO 9E PERFOFth(ED Sea reverse ror icquired documentation. i7AenQrrekTag U Addrtron : E3Gafage fli3ryvevajtlAproo dComrcerdal ❑HisteicalRenovation ❑t)ccuPatlo ❑Steps ❑Shed �.. l 'arChange ❑Fence. J1Gat0 -�❑ W&43 no 1.tovnBuid9s ❑DemoRion 13Ree(SWSto previous CertNo. [gPoot (zotru} F3'ather `�`l�l 1t 2.VE8t� 7`; ¢Yl io_t D .i r' /�r: GyJ�t37 /X1 C .r ;S¢eufS)nirairreorAddlion: 'kengK3 15tPua: QeGtsrPatw: Sae: 161slMo ❑Tnd(toar _- �.Vfdl£ 23 + =' i, Sq: footage 2nd floor Size: ❑ 1st moo ❑ 2nd floor" Si footage 3rd floor: OiNerencebalwaeaexisinggrade and pr9pased tvilsh grade: NwUr South Easi Ylost Height of rft ge above final finish grade.-. North South. East West Addilicnal Remarks - Historic Name: REVISIONS' 1. East Elevation - %O - inStpate: - - ,.(descnLq). 2[ South tc ovation. ;-rte 6., k­:; ... .. -Front Side L7�: TOM A }yagd ClPine - Red bod t7 Cedar'ClO B.Tteaiment ainl flNaturaltoWeather Cher- C, Dimensions: Fatkia i " "R - - Soffil (Oyerhacg) Corner boards'? "-Frieze Wm(krd ring I)oorFramo__= Co.'umnsJPosls :Round �Sq}are' Windows %0Nub'uRung ❑/C I ❑Ali Mood 00ther ❑ Trua Divide /d Llg Isis {tF rnutlfirts), singe pane Q SOUS (Simulated Divided fights) Manufactuifr , Odors (type and mat fh ): QTVL d SDL Frmt Rear Side Garage G: Type _ lAaterW ____ Ha dseaps materlafs: "'" J Driveways ,I i ' Wal;evays Yraihs Note: Comd.elo door and window schedules are required. COLORS i SidewaA Clp0oard da Stable rr C 11A' ) � SA.d� _ SPe- cYtcci.ed Trim Sash Dears Dcc k Foundation Fence Shutters 'Attach manufacturer's color samples it wlor is not from HOC approval list .I hereby aulhdrde the agent named above to act on my behalf to make changes in the specitica5ons or the plans contained in this app)ication In order to bdrg the appka- goa.IntO oofnfOance with the HOC gukfollnes, I hereby agree to abide by end Comply with the term concritions of this applkaUotL 1 hereby agree that the submission of anyr6islqD5 to this application will irrigate a news ahttyday review pooled. Data LS Signature of owner of reco Signed ur4u pem r6esof peAhy aq 0, Op T Aa3nvo�•aos -z = LUOY&aAe-MMM Town of Nantucket Water Commission 16 Broad Street Nantucket, MA 02554 Kenneth S. Riseborough P.O. Box 3631 Nantucket, MA 02584 Henry Wasierski, Jr. 8 Luff Road Nantucket, MA 02554 Nineteen Old South Road LLC c/o Robert Shapiro and Lois Shapiro 273 Lansing Island Drive Satellite Beach, FL 32937 L£6Z£ 'I3 `ganog aI ?IlatnS anrxQ puulsl 2uisun I £LZ oiid'egS sioi pun oxldegS pogo-%d o/a O'TI piao2l tltnoS P10 0 uaalauiN Z90ZO VW `pOOMJON iltnoS NJnd poomioN OZ£ •tdaQ aauuuld :•uuy deg slilH anlg t,SSZO VLSI `taijan;ueN Z# `pno-d gtnoS PIO UL Uusa nu1311aa0 auaJI VSSZO VW `taxanlunN pno2l gtnoS p10 S i O'I'I JOPUUISI Y ®0915 OAMBAV I>ndn•dod PuogeA of JeRAN �Uapsuasg3 i ap U10 =4524 el @ zaildea Nineteen B Old South Road LLC c/o Robert Shapiro and Lois Shapiro 273 Lansing Island Drive Satellite Beach, FL 32937 Channsophas Touch and Renee Printz P.O. Box 2736 Nantucket, MA 02584 Amelia Drive, LLC 5 Myrna Road Lexington, MA 02420 Nineteen A Old South Road LLC c/o Robert Shapiro and Lois Shapiro 273 Lansing Island Drive Satellite Beach, FL 32937 L£6Z£ 'I3 `tlanaH QM19InS aA[JQ puulsl futsunrl £LZ oiidutlS sioi pun olidsgS :p;3go -1 o/o DIM pnox gtnoS pIO d uaatauIN OZt,ZO V `UOjst[[yo -1 pnog nu.Tiw g Oii `3A1JQ nllau[V b8SZ0 VW `1avnluuN 9£LZ XOg 'O'd zlulld oaumd pun tlono L sngdosuuugO L£6Z£ Id `ganag 31111aDWS aAIKI puulsl 2u1sun7 £LZ oJ[dutlS sio-I pun oJTdngS pago2i o/o OTI pnoX ulnoS pI0 S uaalauzN wia6p3 dn•ded ssodxe ® jaded paa3 01 eull Gu01e puss V ®0%S eAH3AV MAK186 e1 zest IM .(algid a sall3e} s9j4anbjq Islander LLC 15 Old South Road Nantucket, MA 02554 Irene Orellana Egan 17B Old South Road, #2 Nantucket, MA 02554 Blue Hills Bank Attn.: Finance Dept. 320 Norwood Park South Norwood, MA 02062 Nineteen C Old South Road LLC c/o Robert Shapiro and Lois Shapiro 273 Lansing Island Drive Satellite Beach, FL 32937 L£6Z£'IA `uoaaS 91itlaWS aAfJQ puulsl 2UiSUI 1 £LZ oa[dngS sioi pun ondegS ixagow o/o 011 pnou tltnoS pIO uaatauiN VSSZO VW `la,-jontuuN puo2I:I3n1 8 Uf `js.iaisnm XJuaH mZ0 V `ta ,iontuum I£9£ XOH 'O'd g$no.iogasi11 .S LllauuaX VggZO VW `Ia-{ontunN IaallS puoJg 91 uoiss'1ULU00 .101n1j(, jajontunN Jo UMO'L ,gMS a vjdaw ®kww ven slagel ®load Ase3 ;, WWI r: Town & County Building TOWN OF NANTUCKET 16 Broad St Nantucket, MA 02554 BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: May 20, 2016 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 14-16 Current Owners /Applicant: 17 OSR, LLC Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed with 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 Land Court within TWENTY (20) days after this day' s date. Notice of the action with a copy of the complaint and certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20) days . Eleanor W. Antonietti, Zoning Administrator cc: Town Clerk Planning Board Building Commissioner/Zoning Enforcement Officer PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING BY-LAW SECTION 139-30 (SPECIAL PERMITS) ; SECTION 139-32 (VARIANCES) . ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICE AT 508-325-7587. NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 67, Parcel 41.2 Plan File 44-Q 17 Old South Road Lot 4 Commercial Neighborhood (CN) Book 1496, Page 25 DECISION: 1. At a public hearing of the Nantucket Board of Appeals on Wednesday, May 11, 2016, at 11:00 a.m., at 4 Fairgrounds Road, Nantucket, Massachusetts 02554, the Board made the following decisions on the application of 17 OSR, LLC, 17 Old South Road, Nantucket, Massachusetts 02554, File No. 14-16. 2. There is an application for VARIANCE relief pursuant to Nantucket Zoning By-Law Section 139-16A (Intensity Regulations — Front and Side Yard Setback). Specifically, applicant seeks a Variance to erect and use a seasonal awning over a pre-existing, outdoor brick patio dining area to be sited approximately five (5') feet into the front yard setback area and approximately two (2') feet into the easterly side yard setback in a zoning district that requires a minimum ten (10') foot front yard setback and a minimum five (5') foot side yard setback. In all other respects, the existing structures and improvements on the locus comply with the intensity regulations of Section 139-16 of the By-Law. The Locus is situated at 17 Old South Road, is shown on Nantucket Assessor's Map 67 as Parcel 41.2, and as Lot 4 upon Plan File 44-Q. Evidence of Applicant's title is recorded in Book 1496, Page 25 at the Nantucket Registry of Deeds. The property is located in the Commercial Neighborhood ("CN") Zoning District. The Applicant has obtained Nantucket Historic District Commission approval for the seasonal awning(Certificate No. 65429). 3. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. There was no Planning Board recommendation on the basis that no matters of planning concern were presented. No opposition, written or oral, was presented at the hearing. Several letters of support were received from abutters. 4. The applicant, through counsel, stated that it did business as "Fusaro's", a year-round restaurant that serves affordable Italian food in a family atmosphere. Fusaro's Restaurant is managed by Tom and Stacy Fusaro, long-time Nantucket residents. The existing brick patio at the front of the restaurant has an area of approximately 600 square feet and extends slightly more than (5') feet into the ten (10') foot front yard setback abutting Old South Road. The applicant proposes to install and use a seasonal awning overhanging the brick patio which would provide safe and comfortable shelter to restaurant patrons dining on the patio. Currently, the restaurant accommodates seventy-two (72) patrons, with 42 seats in the dining room, 10 at the bar, and an additional 20 seats on the outdoor patio. 5. The locus has twenty (20) off-street parking spaces which comply with the off-street parking zoning requirements in effect when the parking lot was constructed in 2003, at which time the locus was zoned Residential Commercial 2. Pursuant to Section 139-18.B, the requirements were one (1) off-street parking space for every four (4) seats and one (1) off-street parking space for every group of three (3) employees working at peak shifts. At peak shifts, there are six(6) employees working in the restaurant. 6. Applicant, through counsel, asked the Board to grant relief by VARIANCE pursuant to By-law Section 139-32 for a waiver from Section 139-16.A in order to allow for the installation of the seasonal awning over the brick patio in front of the restaurant, as shown on the Locus Plan dated May, 2016 and attached hereto as "Exhibit A". Applicant explained to the Board that the combination of shape, topography, existing structures and improvements on the locus were unique and different from other lots in the CN Zoning District, that literal enforcement of the By- Law would cause a hardship to the Applicant and the requested Variance would not substantially derogate from the intent and purpose of the Zoning By-Law. Specifically, the Applicant noted, through counsel, that the seasonal awning would provide safe and convenient outdoor dining to the public by protecting them from wind and rain. He stated that the awning would require a building permit and comply with all applicable safety laws, rules and regulations. The applicant also stated there was ample precedent for this Variance relief and cited Scootsam, LLC, BOA file No. 025-06 and Bonita Bar, LLC, BOA File No. 025-15, in support of this application for Variance relief. The applicant also noted there were seven (7) letters in support of this application and no opposition. In the alternative, the Applicant requested the Board to make a finding that the seasonal awning was not a "structure" as defined in the By-Law, which required zoning relief. 7. The Board found that the seasonal awning was a"structure" as this term is defined in the Zoning By-Law and, therefore, required zoning relief. The Board also noted that the proposed seasonal awning may intrude minimally into the easterly five (5') foot side yard setback. The applicant asked the Board for Variance relief from any side yard setback intrusion and said it would provide the Board with a"dimensional"plan that showed the exact location of the awning in relation to front and side yard setbacks (see "Exhibit A" Plan). The Board noted that the proposed awning would promote safety and convenience for the public, would be similar to other awnings attached to restaurants on Nantucket, and the deprivation of the awning would cause the Applicant a substantial economic hardship. The Board requested that there by no stationary bar with attendant alcoholic beverage service on the patio and the applicant agreed to this condition. 3 The Board found that the combination of the lot's topography, shape, existing structures and improvements were unique, there was no feasible area on the Premises to provide outdoor dining but the brick patio, the proposed awning would promote safety and public convenience and the requested Variance relief may be granted for the awning without nullifying or substantially derogating from the intent and purpose of the By-Law. 8. Accordingly, by UNANIMOUS vote, the Board GRANTS the requested VARIANCE relief pursuant to Zoning By-Law Section 139-32 from the provisions of Section 139-16.A to allow a front yard and side yard setback reduction for the erection, placement and use of the awning over the brick patio in front of the restaurant building on the Premises as substantially shown on the Plan annexed hereto as"Exhibit A", based upon the following conditions: (a) The awning shall be constructed in accordance with Certificate of Appropriateness No. 65429 as approved by the Nantucket Historic District Commission, as may be amended from time to time; (b) There shall be no stationary bar with attendant bar service located on the brick patio; and (c) Any conversion of the proposed awning to a more permanent structure, such as a roofed-over porch, shall require further relief from this Board. W 4 Assessor's Map 67, Parcel 41.2 Plan File 44-Q 17 Old South Road Lot 4 Commercial Neighborhood (CN) Book 1496, Page 25 Dated: May 20 , 2016 Edward S. Toole / / 1 I 1 itdo Lisa Botticelli i 4-40111"r Kerim Kosea r /it( ,GGli„,f,/ I, d',u'A. Michael J. O'Mara..... 411_. . McC: COMMONWEALTH OF MASSACHUSETTS County of Nantucket, ss On the 2.O day of May 2016, before me, the undersigned notary public, personally appeared SLA-5av-1 t-k .( Ger kite% , one of the above-named members of the Zoning Board of Appeals of Nantucket, Massachusetts, personally known to me to be the person whose name is signed on the preceding document, and acknowledged that he signed the forego'qg instrument volunta ,'fly for the purposes therein expressed. /j O fici.1 Signature and Seal of NotarTublic 1 =.,•S J% DORIS C.STRANG My commission expires: 1 - 7( ; Notary Public y p 4 , Massachusetts ' '',y ` Commission Expires Oct 9.2020 5 ZONING CLASSIFICATION: A( EXISTING: "EXHIBIT A" MIN. AREA: . . . . . 7 c7.O.S.1 .1 .5.',6 t$,/ MIN. FRONTAGE' .5Q Gr . 41 ..T,..7' FRONT YARD S.B.• /0' FT .-PL'`cAr REAR& SIDE S.B.:/O,-/44e0S''S/LLE Ar GROUND COVER (X): . . .9Q. ! w O4,D _GOO 7 ' ROAD ,e'oc,E of,(SPX/t1-7 r'.eoPOS.EP -- - — - — - .- w , tvA(!4 Awi.YG-` ` / \ h,1 W'fil 4.1 ?1 I I BR/CA ., Akrro ' xeAfc. COMMON! �� ,eyisr/N� Fif/(/T' f 0 \ /=37y. Id/P- \ x L-YJ/LO/N4 N i•C•C=45:58-3.E, . -o 0 -_I k, P . \ VROAMA-0 .ti"i� ah ,' t i . /7�' OLD 5a-ri/ROAU /S/ vi-, 7'.C.,CC n;� Cc NDoft/ry/Ur( /JO I f/1 I Q I /7_j-,i(xA/O/cAP S'Po7' I /'5'X.20 FXi,r/iYC (zr 4 , 18 2 /7 ,CX/ST//VC .'PACES M /6 AR A- 12 /.✓/u/,(T,"L7 oar Y /S � ASP/4/�Lc.T n 6- /y o G v 2y, _ /3 �- - /srr�� ,E476 •op r / g /( r , y 1 4 w 7',,..00 )' /J � a -r a,d a A.0-O 7-0wAr vi=,t(Xti r k,Er �.�9 �oi� ZONING BOARD OF APPEALS I CERTIFY, AS OF : THAT PLAN OF LAND !N THE BUILDING(S) IS AR OCATEI ONTH GROUND AS SHOWN H.'EON. NANTUCKET, MA. j1 .4:- �� ,,t SCALE:/5 30' DAT Ev4fAY i9, /(o PROFES IONAL LAND SURVE• Owner: . i7o.S.R,.iCC THIS PLOT PLAN WAS PREPARED FOR HE TOWN Deed/Cert.:R11-/ 6 ,?-PIan:/i./5/.:.1r., r . . OF NANTUCKET BUILDING DEPARTMENT ONLY AND SHOULD NOT BE CONSIDERED A PROPERTY LINE Tax Mop:c 7-.y12 Locus:/.7Q'-5OU74(Je0-4O. SURVEY. THIS PLAN SHOULD NOT BE USED TO ESTABLISH PROPERTY LINES, FENCES, HEDGES OR ANY ANCILLARY STRUCTURES ON THE PREMISES. MICHAEL CONNOLLY & ASSOC. INC. THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PLANS OF RECORD. PROFESSIONAL LAND SURVEYORS THIS PLOT PLAN IS NOT A CERTIFICATION AS TO 149 SURFS/DE ROAD TITLE OR OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN NANTUCKET, MASSACHUSETTS 02554 ACCORDING TO CURRENT ASSESSOR RECORDS. 508-228-89I0 ©Connolly&Associates Inc. C_, 57.5--