HomeMy WebLinkAbout029-030-75
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Minutes of a meeting of the Board of Appeals held December
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1976. Present.were members Holmes, Backus, and Hyde.
In the matter of the petition of Joan Booth, 02'9~i4, Mrs.
B.. th appea red and s t:1 ted she is the contract purchaser of pre-
at 28 Easton StreQt. This is a one family residence with
garage. Mrs. Booth stated that she wanted to use the
g ~age as a retail shop' selling Haitian goods - primarily baskets
a wood products.
Mrs. Booth told the Board she would landscape the area and
w lId have a tasteful sign.
Access to the garage would be via
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t~~ existing driveway.
! In response to the quest ions from the 'Board, Mrs. Booth
s~ted the hours of operation were indefinite but would probably
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b~J from 9: 30 A. M. to 5: 0,0 P. M. Her business operation would
b~'1during the summer months only.
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The petitioner stated that she is in the process of pre-
paring a landscape plan and general aesthetic design of the shop.
II~Jever, time did not permit the completion of the plan, and it
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ik}not now available.
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of) operation.
The Board requested more information about signs and hours
Mrs. Booth stated these were matters which are not
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n(),~ fixed although each item would be tastefully done.
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Mr. Leon Sherburne spoke in favor of the petition.
He stated:
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h~~has known Mrs. Booth for many years and knows she will operate
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ahias te ful business.
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I The Chairman read a letter from Mr. Herber~ Crowell, an a-
bli;tter, opposing the petItion.
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~ There was no other opposition.
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'Afteruue delibera~'ion, t.he Board found:.
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There
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this business can be conducted witllout detriment to the neighbor-
hood;
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2. The Board is unable to determine whether the use involved
will be in harmony with the purpose of the by-law;
1. Th0 obligation of the petitioner is to present a statement
of facts to the Board in sufficient detail so that the Board can
decide whether the use can be allowed, whether the use can be
allowed with conditions-and restrictions, or whether the use is to
be denied. The petitioner has not satisfied the obligation.
~f.j Upon motion of ~1rs. Backus, seconded by Mr. Hyde, it was
urrartimously voted to deny' tIle petition, therefore, the petition
for a special permit is d~nied.
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In the matter of the petition of Russell Guild, et ux, 030-75,
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Attorney Richard Glidden appeared and stated he represented Mr. and
Mr~s:. Guild. Attorney Glidden told the Board that the Guilds own
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property at 28 Center Street. The property is a three-story frame
bol"...,',....,,:,tldlleingfll. nroswt occupied by a retail gi [t store (T~yle of the Whale)
~ floor, a residence occupied by the petitioners on the
sefond floor, and an attic area on the third floor. The petitioners
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dei~ire to convert the sec'Jnd and third floor into five apartment
units with two units on the third floor and three units on the
second floor. The first floor will remain as is.
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on Nantucket to
stated the peti-
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tioTlers cannot continue to reside in this buildi.ng because it is
not suitable as an area and environmcnt to rai.se their family.
There is no yard for the child to play In, and the area is almost
all commercial use ;llHl multiple family dwelling. Atty. Glidden
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reviewed the properties on Center Strcet and cited every property
as commercial and/or lIlult'iplc dVJelling use. Only on India Street
and some distance to the rear of the property is the area single
family residential.
~tr. Gl idden stated the plan of improvement would incorporate
exterior repairs and the extension of dormers. An exterior stair-
case located in the rear and not visible from India or Center
Streets wouFtl provide emergency exits. The aDartments would be
for rent only during th~ summer months and would be tastefully
operated.
Mr. Glidden also cited the need for the property income to
allow the petitioners to purchase a home outside town.
Hr. G 1 i dden s 1;1 t cd he recogni zed there may be a parking pro-
blam, but this was not uni\lue. The present properties rely on
street parking, and the rc.titioners would also do this.
Attorney Michael Uriscoll snoke in favor of the petition.
Mr. Driscoll statcd that :coning was sold to the public to fore-
s ta 11 the Kennedy Hi 11, and these peoD 1 e were lu 11 eel into taking
no action to construct apartments. lie further stated that the
Nantucket code has no provisions for apartments and that it should
h:lve.
Appearing and speaking In onposition were Mrs. Eleanor Royal,
Mr. Leon Sherburne, and MI', Leon Roy:a]. All stated the area was
now congested, and tllis addition would make the situation much
worse.
The Chairman road le.tters 1n opposi tion received from Mr. and
Mrs. Benjamin Richmond and Mr. Hilton Kaye.
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After duc deliberation, the Board Cound:
I. The petitioncr has not satisfied the hardship requIre-
ments neccssary to justi Cy, a' variance. The property is apparently
in an area of similar'uses. Thcre are no conditions peculiar to
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self-supporting and is a combin:ltion of retail and residential use
this propcrty which justify,an exception or variance.
2. The relicf sought, if granted, would not be a desirable
addition to the arca due to,current congestion.
Upon motion by Mrs. B:ic.kus, seconded by Mr. Hyde, it was un-
animously voted to deny the variance, and therefore, the variance
is Jc'nied.
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