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Home My WebLink About048-96 `o,NTUCMF> TOWN OF NANTUCKET N BOARD OF APPEALS • 'gPORAIEV NANTUCKET, MASSACHUSETTS 02554 Date : September Ae, , 1996 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. : 048-96 Owner/Applicant : THE PARKS AND RECREATION COMMISSION FOR ITSELF AND FOR THE TOWN OF NANTUCKET, OWNER 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 .- Michael 6\\A1 ra Chairman 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 . oSTUCMF TOWN OF NANTUCKET * , 9N BOARD OF APPEALS 'QpORoto. NANTUCKET, MASSACHUSETTS 02554 onsa Assessor ' s Map 87 Western Avenue Parcels 60 - 66, inclusive Land Court Plan 8597-B R-2 Lots B-2 thru B-8 Cert . of Title 4882 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1 : 00 P .M. , Friday, September 6 , 1996 , in the Selectmen ' s Meeting Room, Town and County Building, Broad Street , Nantucket , Massachusetts , on the Application of THE PARKS AND RECREATION COMMISSION FOR ITSELF AND FOR THE TOWN OF NANTUCKET, OWNER, of 2 Bathing Beach Road , Nantucket, MA 02554, Board of Appeals File No. 048-96 , the Board of Appeals made the following Decision: 1 . Applicant is seeking a MODIFICATION of BOARD OF APPEALS DECISION NO . 034-95 in which relief was granted to expand and alter an existing and non-conforming concession stand that is ancillary to use of a Town-owned public beach . The matter was appealed and an agreement entered into by the parties in interest to the civil action. Modification of the BOA Decision in 034-95 is arguably necessary to record the agreement in a formal manner. The following conditions are being requested and, where appropriate , substituted for some conditions and with all other conditions stated in 034-95 remaining in effect : ( i ) No installation of deep-fry equipment nor deep-fry cooking will be permitted in the concession stand; ( ii ) There will be no sale of clothing, souvenirs and/or bric-a-brac from the open beach or outside of the concession stand; ( iii ) Display of beach chairs , umbrellas , windbreaks and other comparable beach equipment offered for sale or for rent, will not be set out in the walkways and driveways of the parking lot or the walkway to the beach but will be located and displayed on the easterly side et the concession stand; ( iv) Adequate numbers of trash receptacles will be maintained in the area of the concession stand and walkway to the beach; (v) The parking lot will be maintained in a clean and orderly manner and will be substantially laid-out as set forth in the "Surfside Beach Parking Lot Lay-out" labeled as "Schedule A" and dated May 20 , 1996 , that would be attached to said Modification . All parties agree that a different parking design, acceptable to the Commission, that complies with the Nantucket Zoning By-Law may be substituted for the aforesaid; and (vi ) Items i-iv above will be included in any lease of the concession stand given by the Commission for any lease period commencing after December 31 , 1996 . The premises is located at WESTERN AVENUE, Assessor ' s Map 87 , Parcels 60 - 66 , inclusive , Land Court Plan 8597-B, Lots B-2 through B-8 . The property is zoned Residential-2 . 2 . The Decision is based upon the Application and materials submitted with it , and testimony and evidence submitted at the Hearing . The Planning Board made a favorable recommendation. There was no opposition on file . 3 . Subsequent to relief being granted in BOA Decision 034-96 an appeal was filed in Nantucket Superior Court , Civil Action No . 95-22 . The plaintiffs/abutters and the Parks and Recreation Commission have reached an agreement and have asked this Board to ratify said agreement and add the above stated conditions to the aforementioned Decision . 4 . After consideration, the Board of Appeals found that the addition of the above stated conditions would be in harmony with the purpose and intent of the Zoning By-Law. 5 . Accordingly, the Board , by a unanimous vote, GRANTS the requested MODIFICATION to add the above stated conditions to Paragraph �� "k" , and " 1" 8 of Decision 034-95 and be renumbered "g" , "h" , "i" , j as opposed to ( i ) - (vi ) , respectively, with all other conditions , i .e . "a" - "f" , inclusive, remaining in full force . Dated: September a ) , 1996 \l'\ Michae 'Mara CUM GA ' n•a .F . - Williams 1 ' -- . .1,._ , . Lei hter `. 14 -, . e N —(k)6W1Q Dale W. Waine TO. .clistA.AQ—I William Hourihan RECEIVED TOWN CLERK'S OFFICE NANTUCKET. t^A 02554 SEP 20 1996 TIME: I ( ...s CLERK: (L1L .. 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D C� p 71 ---i N c OK --1 A 7 --1'I Ul O Z • TU Me, TOWN OF NANTUCKET k :ph p. _- BOARD OF APPEALS • S yc-RPORA1I ' NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1 : 00 P.M. , FRIDAY, SEPTEMBER 6 , 1996 , in the Selectmen' s Meeting Room, Town and County Building, Broad Street , Nantucket , Massachusetts , on the Application of the following: THE PARKS AND RECREATION COMMISSION FOR ITSELF AND FOR THE TOWN OF NANTUCKET, OWNER, BOARD OF APPEALS FILE NO. 048-96: Applicant is seeking a MODIFICATION of BOARD OF APPEALS DECISION NO.034-95 in which relief was granted to expand and alter an existing and non-conforming concession stand that is ancillary to use of a Town-owned public beach. The matter was appealed and an agreement entered into by the parties in interest to the civil action. Modification of the BOA Decision 034-95 is arguably necessary to record the agreement in a formal manner. The following conditions are being requested and , where appropriate , substituted for some conditions and with all other conditions stated in 034-95 remaining in effect: ( i ) No installation of deep-fry equipment nor deep-fry cooking will be permitted in the concession stand; ( ii) There will be no sale of clothing, souvenirs and/or bric-a-brac from the open beach or outside of the concession stand ; ( iii ) Display of beach chairs , umbrellas , windbreaks and other comparable beach equipment offered for sale or for rent , will not be set out in the walkways and driveways of the parking lot or the walkway to the beach but will be located and displayed on the easterly side of the concession stand; ( iv) Adequate numbers of trash receptacles will be maintained in the area of the concession stand and walkway to the beach; (v) The parking lot will be maintained in a clean and orderly manner and will be substantially laid-out as set forth in the Surfside Beach Parking Lot Lay-out labeled as "Schedule A" and dated May 20, 1996 , that would be attached to said Modification . All parties agree that a different parking design acceptable to the Commission that complies with the Nantucket Zoning By-Law may be substituted for the aforesaid; and (vi ) Items i-iv above will be included in any lease of the concession stand given by the Commission for any lease period commencing after December 31 , 1996 . The premises is located at WESTERN AVENUE, Assessor ' s Map 87 , Parcels 60 - 66, inclusive, Land Court Plan 8597-B, Lots B-2 through B-8 . The property is zoned Residential-2 . c 4ctQij - 0(l' C?j- Michael J . O'Mara , Chairma:rt REQUEST FOR MODIFICATION OF ZONING BOARD OF APPEALS NO. 034-95 1 . That the Decision in Case No. 034-95 be modified by incorporating the conditions set forth below; and as modified be affirmed. (i) No installation of deep fry equipment nor deep fry cooking will be permitted in the concession stand. (ii) There will be no sale of clothing, souvenirs and/or bric-a-brac from the open beach or outside of the concession stand. (iii) Display of beach chairs, umbrellas, windbreaks and other comparable beach equipment offered for sale or for rent, will not be set out in the walkways and driveways of the parking lot or the walkway to the beach but will be located and displayed on the easterly side of the concession stand. (iv) Adequate numbers of trash receptacles will be maintained in the area of the concession stand and walkway to the beach. (v) The parking lot will be maintained in a clean and orderly manner and will be substantially laid-out as set forth in the Surfside Beach Parking Lot Lay-out - "Schedule A" - dated May 20, 1996, a copy of which is annexed hereto and made a part hereof. All parties agree that a different parking design acceptable to Commission that complies with the Nantucket Zoning By-law may be substituted for the aforesaid. (vi) Items i-iv above will be included in any lease of the concession stand given by the Commission for any lease period commencing after December 31 , 1996. 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