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Home My WebLink About001-94TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: January 19 , 1994 To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. 001 -94 Owner /Applicant: DAVID P. GLIDDEN. WALTER D. GLIDDEN Jr., ET AL, OWNERS DBA ISLAND SEAFOODS, INC. 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 an complaint in 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. && c� (� - Da e W. Waine Chairman cc: Town Clerk Planning Board Building Commissioner Map 42.4.2 Parcels 071, RC TOWN OF NANTUCKET BOARD OF APPEAL NANTUCKET, MASSACHUSETTS 072 and 063 RECEIVED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 MI_: 8 Broad Street L.C. Plan 8755 -B Lots 1, 2 and 7 N 191994 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., Friday, January 7, 1994, in the Town and County Building, Broad Street, Nantucket, MA on the Application of DAVID P. GLIDDEN,.WALTTR n.- QLXpDEN, .7.R ET AL, OWNERS, DBA ISLAND SEAFOODS, INC., Box 178, Nantucket, MA-02554,File 001 -94, the Board made the following Decision: 1. Applicants are appealing, under Nantucket Zoning By -Law §139 -31A and B, the Building Commissioner's "cease and desist order" dated November 2,_1993.,_ in_which_.it is stated that the applicants are in violation of Nantucket Zoning By -Law §139 -26A by altering and extending a use /structure on their premises without a building or use permit. In the alternative, Applicants are seeking relief by Special Permit pursuant to Nantucket Zoning By -Law §139 -33A (alteration or extension of pre- existing non - conforming uses /structures); and /or Nantucket Zoning By -Law §139 -18 (off street parking requirements); and /or Nantucket Zoning By -Law §139 -20 (off- street loading facilities); and /or Nantucket Zoning By -Law §139- 9B.2(b) (storage and warehousing, including properly screened open storage of goods and materials) and (i) (food processing, manufacturing and packaging). Applicants propose to renovate the interior of an exiting structure to continue the storage of seafood and uses ancillary to Glidden's Fish Market, located at 8 Broad Street, and to reactivate its use as a scallop /shellfish shanty, by adding a bench for use by no more than eight (8) scallop /shellfish openers. the ground cover and setbacks of the existing structure will not change. The premises are located at 8 BROAD STREET, Assessor's Map 42.4.2, Parcels 071, 072 and 063, as shown on Land Court Plan 8755 -B, Lots 1, 2 and 7. The property is zoned Residential - Commercial. 2. The Decision is based upon the Application and materials submitted with it, the testimony, plans and photographs, and favorable recommendations from the Planning Board as to relief under § §139- 9.2(b) & (i), 139 -33A and 139 -20, and an unfavorable recommendation as to the appeal. There were no letters in favor or opposed. 3. The testimony presented at the Hearing indicates that the use /structures are pre- existing non - conforming as to parking, off - street leading facilities, for food processing, manufacturing and packaging and storage and warehousing. The property was (001 -94) -2- previously used as a scallop /shellfish shanty through the mid- 1980's. Special Permit relief may be granted for said use as an expansion or alteration of the existing non - conforming uses and under §139- 9B.2(b) and §139- 9B.2(i), said uses not being inherently in violation of §139- 7E(4). Special Permit relief may be granted under §139 -18 (off- street parking requirements) to the extent necessary. Compliance with the parking requirements would by physically impossible for the Applicants to provide or if physically practical would have a significant adverse effect on the scenic or historic integrity of the neighborhood and be contrary to sound traffic and safety considerations. Special Permit relief may be granted under §139 -20 (off- street loading facilities), said relief being in harmony with the general purposes and intent of this By -Law, the pi.ovision of off- street loading facilities is physically impossible, or if possible would have a significant adverse effect on the scenic or historic integrity of the neighborhood, and granting of relief is not contrary to sound traffic, parking or safety considerations. There is a designed loading zone on South Beach Street directly opposite the building which is the subject of this Application. 4. The appeal of the Building Commissioner's Decision was withdrawn without prejudice by a unanimous vote of this Board. 5. Accordingly, by a unanimous vote, the Board GRANTS the relief requested subject to the following conditions: (a) The shells are to be removed on a daily basis; (b) The structure may be used as a commercial scallop /shellfish shanty by non - employees /independent scallopers and up to eight (8) openers during commercial scallop season only, i.e., November 1 - March 31 of the following year; and (c) In the alternate months, the shanty may be used by Glidden's employees, the number of employees shall be maintained at a level that will not trigger an increase in the parking requirements. Dated: January 1994 Oo_6 Dale W. Waine Mic,ha_el OW Ma Michael Angelastr Zoning Board of Appeals South Beach Street Nantucket, Mass. 02554 NOTICE A Public Hearing of the ZONING BOARD OF APPEALS will be held at 1:00 P.M., Friday, January 7, 1994, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of: DAVID P. GLIDDEN, WALTER D. GLIDDEN, Jr., et al., OWNERS, d.b.a. ISLAND SEAFOODS, INC. Board of Appeals File No. 001 -94 Applicants are appealing, under Nantucket Zoning By -Law §139 - 31A and B, the Building Commissioner's "cease and desist order" dated November 2, 1993, in which it is stated that the applicants are in violation of Nantucket Zoning By -Law §139 -26A by altering and extending a use /structure on their premises without a building or use permit. In the alternative, Applicants are seeking relief by Special Permit pursuant to Nantucket Zoning By -Law §139 -33A (alteration or extension of pre- existing nonconforming uses/ structures); and /or Nantucket Zoning By -Law §139 -18 (off - street parking requirements); and /or Nantucket Zoning By -Law §139- 20 (off- street loading facilities); and /or Nantucket Zoning By -Law §139- 9B(2)(b) (storage and warehousing, including properly screened open storage of goods and materials) and (i) (food processing, manufacturing and packaging). Applicants propose to renovate the interior of an existing structure to continue the storage of seafood and uses ancillary to Glidden's Fish Market, located at 8 Broad Street, and to reactivate its use as a scallop /shellfish shanty, by adding a bench for use by no more than eight (8) scallop /shellfish openers. The ground cover and setbacks of the existing structure will not change. The premises are located at 8 BROAD STREET, Assessor's map 42.4.2, parcels 071, 072 and 063, as shown on Land Court Plan 8755 - B, Lots 1, 2, and 7. The property is zoned RESIDENTIAL- COMMERCIAL. — A 00 C& ocod,A e2 ale W. Waine, Chairman THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. FOR ASSISTANCE CALL (508) 228 -7215. 1 BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET,,MA 02554:# .PPLICATION FOR RELIEF r CASE No424- Owner's name(s): Daivd P * lidden* *(Individually an as usto cans Qr Amy Joy Glidden, Rebecca Joy Glidden Mailing address: Box 178,Nantucket, MA 02554 and Tobias B. Glidden) Applicant's name:Island Seafoods, Inc. David Glidden, Walter Glidden F Mailing address: Box 178, Nantucket, MA 02554 7 p Location of lot: Assessor's map and parcel number -- (442 24 ?2 * #'N3)72 4, Street address: South Beach Street (8 Broad Street) Registry Land Ct Plan, P2XXXBkX&XR0jXGxXRXamXRkkei 8755B Lots & 2(Lot7) Lot 2 r Date'lot acquired: L�/I.L/76 Deed Ref 7869 Zoning district RC Lots 11 &) 3 /6 /64'Cert. of Title 4920 Lot g G1idden'slFish Mask Uses!on' lot - commercial: None _ or Lot 2 Shanty /StorageShec3•8Dt? number of: dwellings 0 duplex Lot l wank =ln geezer — apartments rental rooms — Building date(s.): all pre -8/72? X for C of:. 0? Building Permit appl'n. Nos. ' 002h -81 (Lot 2) CaselNos. all BoA applications, lawsuits: 022' -88 (Lod 7) State filly all zoningg relief sought and respective Code sections and subsections, spelcifically what you propose compared to present and What grounds you''urge for BoA to make each finding per Section 139 -�2A1_ if Variance, 139 -30A if a Special Permit (and .139 -33A X if'to alter or extend a noncon otming use). If appeal'per'139 -31A & B jg attach decision or order appealed. K to attach addendum . See dd�ndum attached hereto. ;' �I )' Items enclosed as part of this Application: orderl " addendum2 Locus map __2L Site plan x showing present '+planned structures Floor plans presents proposed— lelevations (HDC aaVproved ?_) Listings lot area frontage setbacks x'GR x �� parking data x Assessor - certified addressee ist 4 sets mailing' labels 2 sets 200 fee payable to Town of Nantucket proof 'cap' covenant (If an appeal, ask Town Clerk to send Bldg fomr s record to�BoA.) I certify that the requested information submitted is substantially complete and true to the best of my,knowledge, underithe pains,and penalties of per' ry. y SIGNATURE: Applicant. _ Attorney /agent X 3(If not w er or owner's attorney, enclose proof of authority) i 8 FOR BoA OFFICE USE /_ Application copies recd: 4 V Or for BoA on/� by One copy filed with Town Clerk onjLag— by� complete? One copy each to Planning Bid and Building Dept_& f/ § by_ ::Z a /,�� $200 fee check given Town Treasurer on��byl_. &) waived? Hearing notice postedfi��mailed�3�jI & M� i5_L -31 Hearin s on cont'd to s withdrawn? Decision due by_/_/_ made_/_/_ filed TC_ mailed t See;rel'ated cases lawsuits other 4 ( F W,t ULp LL N LL O p0Q W (n >Y� W W -U c, U Zz :z R Z co Cn CT) CeD D .v J r uj 1- Cc � H J ADDENDUM Applicants request a Special Permit pursuant to Section 139 -30A from and pursuant to Section 139 -18 (Off- street parking requirements), Section 139- 20 (Off- street loading facilities), and /or Section 139 -9 B (2) (1) (Food processing, manufacturing and packaging). In the alternative or in addition to the above relief, Applicants request relief pursuant to Section 139 -33A to alter and or extend a preexisting nonconforming use /structure being a storage facility and uses ancillary to Glidden's Fish Market on 8 Broad Street to reactivate its use as a scallop /shellfish shanty. Applicants propose to renovate the interior of the structure to continue the storage of seafood and uses ancillary to the fish market and to add a bench for use by no more than eight (8) scallop /shellfish openers. The ground cover and set backs of the existing structure will not change. The existing structure is preexisting nonconforming as to its uses under Section 139 -9 B (2) (b) and (i), as to Off - street parking requirements and Off - street loading facilities. There is a designated Off - street loading facility located on South Beach Street directly opposite the existing garage door of the Applicant's building. In the alternative, Applicant appeals the Decision of the Zoning Enforcement Officer of the Town of Nantucket dated November 2, 1993 (a copy of which is attached hereto), pursuant to Section 139 -31 A and B. The property is located on South Beach Street although the street address is 8 Broad Street for the Assessor's purposes. Lots 1 and 2 are shown on Land Court Plan 8755 -B, Certificate of Title 4920 (Lot 1) and Certificate of Title 7869 (Lot 2) and shown as Assessors Map 42.4.2, Parcel 71 and 72. The property is zoned Residential - Commercial. :Z IIIIfI1 ITUCM , ?.,, fib``. t BUILDING DEPARTMENT TOWN BUILDING ANNEX TOWN OF NANTUCKET 10 SOUTH BEACH STREET NANTUCKET, MASSACHUSETTS 02554 Ronald J Santos 1 c1c0hone 508 -228 -7222 "Ililelillg COM1770110i1rr I cle I ax 508 -228 -7249 NOTICE OF ZONING BY —LAW VIOLATION WALTER GLIDDEN ORDER AND TO CEASE, DESIST AND ABATE THIS ORDER. AS OWNER /OCCUPAII`I' �',I 7'HI PR E1 °1IS}: /ST'3= :Uri} -rI L0 <i.: AT SOUTH BEACH ST , ASSESSOR'S MAR F 42.4.2 PARCEL F II AND KNOWN AS A STORAGE SHED YOU ARE HEREBY NOTIFIED THAT YOU ARE IN VIOLATION OF THE TOWN OF NANTUCKET ZONING CODE , CHAPTER 139, SECTION 26 A AND ARE ORDERED THIS DATE 11/2/9 TO l.) CEASE AND DESIST IMMEDIATELY ALL FUNCTIONS CONNECTED WITH THIS VIOLATION, ON OR AT THE ABOVE MENTIONED PREMISES. SUMMARY OF ALTERATION OF STORAGE SHED WITHOUT A PERMIT VIOLATION 2.) COMMENCE WITHIN FORTY —EIGHT 48 HOURS, ACTION TO ABATE THIS VIOLATION PERMANENTLY WITHIN SEVEN (7 ) DAYS. SUMMARY OF ACTION TO APPLY FOR AND RECEIVE A PERMIT ABATE AND IF AGGRIEVED BY THIS NOTICE AND ORDER; TO SHOW CAUSE AS TO WHY YOU SHOULD NOT BE REQUIRED TO DO SO, BY FILING AN APPEAL UNDER SECTION 139 -31 A. WITH THE BOARD OF APPEALS WITHIN THIRTY (30) DAYS OF THE RECEIPT OF THIS NOTICE. BY ORDER; RONA/RCEMENT SANTOS ZONING EN OFFICER TOWN OF NANTUCKET