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HomeMy WebLinkAbout025-96 0 Z -9 o� , UC TOWN OF NANTUCKET ° _ BOARD OF APPEALS • t 3 li+i7 • 9Portow NANTUCKET, MASSACHUSETTS 02554 Date: June 26 , _ 4_ 19 96 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: 025-96 Application No. : Owner/Applicant: ANN MARCIA WASSERMAN 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 . (1/I\ t -fAlt.() Michael J. O'Mar C airman cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING- TO NANTUCKET ZONING BY-LAW §139-30I ( SPECIAL PERMITS) ; § 139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS . NANTUCKET ZONING BOARD OF APPEALS 37 Washington Street Nantucket, Massachusetts 02554 Assessor's Map 67, Parcel 14.6 Plan File 25C, Lot 2 Residential Commercial - 2 Deed Reference: Book 482, Page 206 DECISION 1. At a Public Hearing of the Nantucket Zoning Board of Appeals on Friday, May 3, 1996, at 1:00 p.m. in the Selectmen's Meeting Room in the Town and County Building, Broad Street, Nantucket, MA, the BOARD made the following decision on the Application of Ann Marcia Wasserman, P.O. Box 456, Nantucket, MA 02554, File No. 025-96. 2. The Applicant requests a SPECIAL PERMIT under Nantucket Zoning By-Law Section 139-9B(2)(o) (take-out food establishment). The Applicant proposes to use the existing conforming structure on the Locus to operate a take-out food establishment. All parking and loading requirements will be met. The subject property (the "Locus") is located at 19 BOYNTON LANE, Nantucket, MA, Assessor's Map 67, Parcel 14.6, Plan File 25-C, Lot 2, and is zoned RESIDENTIAL-COMMERCIAL 2. 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. There was one letter from an abutter in support of the application, and one abutter spoke in favor of the application. One abutter inquired as to the hours of operation and as to the type of fans/venting that would be used. She was satisfied with our proposed closing hour and our assurances that we would provide whatever venting systems and fans that the Health Inspector recommended. One other abutter stated she did not receive notice but had no concerns regarding the project. 4. Under Nantucket Zoning By-Laws Section 139-9-B(2), the Board of Appeals is empowered to grant a Special Permit for, among other uses, in the RC-2 Zoning District, a take-out food establishment provided that the Board finds, in addition to the other requirements of the By-Law as to the granting of a Special Permit, that the use will not be in violation of Section 139-7-E(4) of the By-Law. The Applicant's counsel informed the Board that the Applicant intends to use the existing conforming structure to operate a take-out food establishment. Applicant intends to open at 6:00 a.m. and to close at 9:00 p.m. providing breakfast, lunch and dinner for take-out. Applicant will provide all of the requisite parking on-site in accordance with the parking plan prepared by Nantucket Surveyors, Inc. There will be nine (9) conforming spaces on-site including one (1) handicapped space and a conforming loading zone (5 spaces required for take-out and 2 employee spaces for the 5-6 employees) and two (2) additional spaces. The parking area will be graveled and there will be a bricked entry area. There will be one take-out station. 5. Accordingly, subject to the conditions hereinafter set forth, the BOARD found, by UNANIMOUS vote that the proposed use of the Locus as described above, would be in harmony with the general purpose and intent of the Zoning By-Law, and that the proposed use of the Locus would not violate Section 139-7- E(4) and therefore, granted the requested relief by SPECIAL PERMIT as requested. 6. The relief granted hereby is subject to the following conditions: a. Locus will be adequately screened and maintained. b. The parking and loading zone shall be provided in conformance with the plan prepared by Nantucket Surveyors nc. dated April 1, 1996. Gh D "4 CA)1- boetAGP,O2rrito c. There shall be no seating on the premises. d. The hours of operation shall be 6:00 am to 9:00 pm daily. e. There will be adequate venting and fans in accordance with the Health Inspector's recommendation. Dated: Sane 2 , 1996 Micha O'Mara ,�A � ,/ �% I , _id �ij� RECEIVED Li e - Williams TOWN CLERK'S OFFICE NANTUCKET MA 02554 \ , , / •. . JUN 2 6 1996 Dale Walne TIME: 66-.7 CLERK: P •UZ�r1At1�J2, 'Tr•ert Leic er .40 ucM TOWN OF NANTUCKET 3 ' �Y1 BOARD OF APPEALS • yc°4.00.00. NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1 : 00 P .M. , FRIDAY, MAY 3, 1996, in the Selectmen' s Meeting Room, Town and County Building, Broad Street , Nantucket, Massachusetts , on the Application of the following: ANN MARCIA WASSERMAN BOARD OF APPEALS FILE NO . 025-96 Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-9B( 2 ) ( o) (take-out food establishment) . Applicant proposes to use the existing conforming structure on the Locus to operate a take-out food establishment. All parking and loading zone requirements will be met . The premises is located at 19 BOYNTON LANE, Assessor ' s Map 67 , Parcel 14.6, Plan File 25C, Lot 2 . The property is zoned Residential-Commercial-2 . Michael J. O 'M a, Chairman THIS NOTICE iS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. FOR ASSISTANCE CALL (.508) 228-7215 . 1 A. BoA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS Date TOWN AND COUNTY BUILDING �/ NANTUCKET, MA 02554 CASE No. 'CM - C(J� APPLICATION FOR RELIEF Owner's name(s) : ANN MARCIA WASSERMAN Mailing address: P.O. Box 456, Nantucket, MA 02554 Applicant's name: same as above Mailing address: Location of lot: Assessor's map and parcel number 67 - 14.6 Street address: 19 Boynton Lane, Nantucket, MA 02554 Registry Land Ct Plan, Plan Bk & Pg or Plan File 25C Lot 2 Date lot acquired: 12/95 Deed Ref482 , 206 Zoning district RC2 Uses on lot -' commercial: None 1_ or MCD?_ - number of: dwellings 0 duplex 0 apartments 0 rental rooms 0 N/ABuilding date(s) : all pre-8/72? _ or C of O?_ Building Permit appl'n. Nos. 12825-96 Case Nos. all BoA applications, lawsuits: State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose compared present and what grounds you urge for BoA to make each finding per 139-32A if Variance, 139-".OA if a Special Permit if to alter or extend a nonconforming use) . If appeal &B , attach decision or order appealed. OK to attach addendum . Application seeks Special Permit relief under Section 139-9B(2)(0) (take-out food establishment; Applicant proposes to use the existing conforming structure on the property for this operation and will provide all of the required parking and loading zones. 0 r K DjM m Items enclosed as part gfthis Application: orderl addendum2 Z Locus map Site plan showing present +planned a structures n Z Z Floor plans present proposed elevations (HDC ap data C Z Listings lot area -'frontage setbacks GCR parking Assessor-certifie3 addressee. list 4 se s u ma labels 2 C ]Mj m $200 fee payable to Town of Nantucket proof P (If an appeal, ask Town Clerk to sen ldg Comr s record to BoA. ) m rn I certify that the requested information submitted is substantially CAD 7. C A� D t� � complete and true to the best of my knowledge, under the pains and O penaltie - --r; /G.(„ Applicant Attorney/agent SIGNATURE: „ - ....'°_.,, 07 ui ,-) r I. lvlC'� 3 (If not o ner o owner s attorney, enc ose proof of authority) FOR BqA OFFICE USE • Application copies recd: 4_1V or for BoA on V A yyffi by 6 �j ---� mplete? L/ One copy filed with Town Clerk on /�% Y One copy each to Planning Bd and Buildin Dept 1-(/(__' Y_4-_-- �- waived? $200 fee check given Town �Tjreasurer (o[n ) 1' MY4/471g/ 7�p Hearing notice posted�/�Ggmailed `y��/ I J-" Hearing(s) on__/___/ cont'"; to__/___/ , / withdrawn? /__/__ made filed TC�_/— mailed��__ Decision due by /�_.. �.�— See related cases lawsuits other s •I1 A vs `y o , 3`' rr y 0 -n •r•grr .I" 4 ti Val /4 • 4 1•$'' r 3' A. 11 ,I.� a•ith,..5,0„ 4 • ,„ APE a : rim N' .10". !toll"), Vb 1 , , f>7"(§) • rs, V �.c, F � no: 110. 0 op �,' , 4 �;.6121 ....vAilik, lit . Ilk 0 ti- • . . 4116.416.4•:41. .• .