HomeMy WebLinkAbout008-78
Do~- 7S
In the matter of the petitions of Nantucket Realty Trust
(008-78), Burns Three, Inc. (009-78), and John R. Fisher, Jr. a/k/a
Sea Trip Mopeds, Inc. (010-78):
The Board determined that the petitions are sufficiently
similar in request for relief and in the location of the proper-
ties and in the evidence presented in each case to warrant consid-
eration of the petitions in one discussion.
The chairman reviewed the information gained from his conver-
sation with Town Counsel and reviewed the criteria for the grant-
ing of a special permit. Following a review of the material pre-
sented at the hearing and a report on the views of the sites, the
Board found:
1. In each instance and petition the petitioner stated that
it was necessa~y to provide a training period ~o a user and th~t
the training period consisted of inst~uction in the operation of
the moped, rules of the road, and general information deemed per-
tinent to the safe operation of the moped by a renter. In the
case of Burns Three, Inc., there was some testimony that initial
instruction and familiarity with the moped was conducted on the
site,and the actual training and operational instruction of the
moped was then moved to Beach and Oak Streets, both being well
travelled public ways. In the case of Nantucket Realty Trust, the
testimony was that all instruction was conducted on Broad Street,
a heavily travelled public way. In the case of John R. Fisher, Jr.
a/k/a Sea Trip Mopeds, Inc., there was testimony that the mopeds
were wheeled between parked cars, across South Water Street, a
heavily travelled public way, and onto Oak and Beach Streets where
the instruction was given.
2. Instruction in the operation of a moped is an essential
feature of the rental operation as is the requirement that the
operator be familiar with the rules of the road and hazards of
operation.
3. The petitioners have no area within their respective
sites that can be used for the required instruction and rely on
the areas presently used as public ways. Those public ways are
travelled or heavily travelled public ways.
4. The use of the public ways as a training area constitutes
a hazard to the operator of the moped, a hazard to other vehicle
operators using those public ways, and constitutes a nuisance to
owners of property abutting these public ways. There was testi-
mony that owners of property abutting the ways experienced diffi-
culty in exiting from their properties and found it hazardous to
operate in the same areas as persons. learning how to ride a moped.
5. With the exception of Nantucket Realty Trust, maintenance
operations are conducted in open areas and within the view of the
general public. Burns Three, Inc. did have some three-sided struc-
tures that are used for storage of mopeds, but these structures
are also open to public view. The conduct of such maintenance
operations constitutes general deterioration of the area and are
an adverse influence on the adjacent properties. The park main-
tained by the Nantucket Atheneum is a well-maintained and popular
area of relaxation for the general public. The operation of the
Fisher (Sea Trip) and Burns Three businesses causes injury and
lessening of the use and enjoyment of that park by reason of the
noise, fumes, and maintenance activities of those two operations.
6. In the matter of Nantucket Realty Trust, the Board found
that lower Broad Street and the area used by this petitioner for
a 1~raining area was particularly undesirable for the reason that
the traffic generated ~y the Steamship Authority was now a major
source of concern to the Town, and the addition of mopeds training
faeilities in the stream of the traffic was a danger to the moped
opt~rator and the general publj c.
7. Because of the close proximity of the buildings in this
area, the exhaust and noise generated by the operations of the
mopeds constitutes an interference with the use and enjoyment of
adjacent property owners. There was testimony that the noise of
ea]~ly morning operations caused people in the area to be disturbed
and that the exhaust fumes were noticeable by owners of residential
properties in the immediate area.
8. The proximity of the operations of Burns Three, Inc. and
Fisher (Sea Trip) to the Nantucket Fire Station (Fisher being adja-
cent and next to the station, and Burns Three, Inc. being directly
opposite the station) constitutes a hazard in that the area can be
inundated with traffic on short notice by reason of the nature of
the volunteer fire department of tne Town of Nantucket. On each
occasion that the alarm sounds, traffic on South Water Street and
around the fire station immediately increases in density and speed
to the detriment of users of the South Water Street area. The
probability of training moped operators in this area is a matter
that the Board finds is a danger to the operator of the moped and
the general public.
9. The purpose and intent of the zoning by-law is to promote
the health, safety, and general welfare of the inhabitants of the
Town of Nantucket. In addition, the zoning by-law intends to le-
sen congestion and to improve the Town. The proposed operations of
moped rentals in these three locations constitutes a danger to the
health of the moped operator and the health of the general public
and adjacent property owners. The proposed operations of the pe-
titioners cannot be conducted from these three sites in a safe man-
ner. The general welfare of the adjacent property owners, resi-
dential users, and the use of the property of the Nantucket Atheneum
will be lessened and interfered with.by the operations of these
three petitioners at these three locations.
10. Traffic congestion in the downtown area is now a serious
matter and a subject of concern to the planners of the Town, the
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police department, and is a matter of general notice to all inhabi-
tants of the Town. The addition of mopeds to this area will serve
to increase the congestion all to the detriment of the general pub-
lic and the Town.
II. The proposed uses by Fisher (Sea Trip), Burns Three, Inc.,
and Nantucket Realty Trust cannot be conducted in these areas in
accord with the provisions of the zoning by-laws of the Town of
Nantucket for all of the reasons set forth above.
On motion of Mr. Hyde, seconded by Mrs. Bartsch, it was unani-
mously voted that the petitions of John R. Fisher, Jr. (Sea Trip),
Burns Three, Inc. and Nantucket Realty Trust be denied, and, accord-
ingly, the petitions are DENIED.
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The Board of Appeals is mindful of the fact that petitions
for special permits governing the rental of mopeds have been
granted in th~ past. Four such petitions were granted in 1977.
In those cases the Board dealt with petitioners who intended to
utilize small numbers of mopeds,with the largest number being 26,
to be operated out of a Main Street location. The situation
facing the Board at this time is substantially different in that
it involves the use of hundreds of mopeds, congregating in a
small, or.e bl0ck area. In addition, the Board may not have been
sufficiently familiar with some of the problems of moped rental
operations when it first considered the initial petitioners.
Mopeds, themselves, were new to the scene, and there was no his-
torical information on which to base any decision or opinion.
In retrospect the Board finds that training and instruction
are ~ssential i~gred~ents of any safe rental operation and must
be ~ condition to ue satisfied by any business operator of a
mcped rental business. The Board be:ieves that the training area
requirement can be met with the selection of a suitable locations
by the petitioners.
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In the matter of the petition of Nantucket Realty Trust
(008-78), Attorney Peter Staiti appeared for the petitioner. Mr.
Staiti told the Board that the petitioner does business under the I
name "Alden's" and is situated at lower Broad Street.
He stated
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that the proposed use is consistent with the provisions of the by_I
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cited the history of use of the premises as being a warehouse for
law and that this use has been in existence for some time.
REA, Avis Rent-a-Car, and as a bicJcle shop. He stated that the
use of the property as a garage for the storage, repair, and ser- I
vicing of motor vehicles, in this case mopeds, was proper as a
special permit use. The area is primarily commercial in use with
a similar operation immediately adjacent :0 the premises. ~~~<}'J
Street is a heavily trafficked artery servicing the wharf area.
Mr. Staiti stated that a Mr. Cameron was the individual owner of
Nantucket Realty Trust (Nantucket Bike Shop, Inc.) and would be
available for any questions.
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Staiti stated that no gasoline WOUldl
Further, he stated that helmets are
be stored on the premises.
offered to the public as an option.
The operator conducts repairs
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II and maintenance on the premises.
I In response to a question from the Board concerning training
I and instruction, Staiti stated that training and instruction are
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, 'done in the street area. In addition, the operator receives a broT
chure which informs the operator concerning the safe procedures ofl
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II mopeds.
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Mr. Cameron stated that a short instruction period is given
each renter, and each renter is observed in the learning process
while operating the moped in the street area.
II Mr. Walter Glidden appeared in opposition and stated that the
II mopeds were a nuisance in that they are displayed in the street
,I and are parked so as to take up parking areas. He stated that
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of the time a truck and mopeds occupied the entire front of the
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'I property. He stated that it was also dangerous because most of
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ii the heavily used street.
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II a training ground was dangerous and a hazard to other vehicle
II operators.
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!1 there is no private area for training and the use of the streets
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I other users of t~e street.
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II morning hours.
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il transient vendors license.
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have such a license.
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II conded by Mr. Hyde, it was unanimously voted to defer action on
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i this petition pending further consideration and an additional in-
I' spection of the premises.
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:1 In the matter of the petition of John Fisher, Jr. (010-78), I
jI Mr. John Fisher, Jr. appeared and stated that he was the petitioner
I and would address the Board. Prior to his statement and in re-
I sponse to questions from the chairman, Fisher stated that he was
II not the operator of the business and that the special permit, if
II granted, should be in the name of Sea Trip Mopeds, Inc. Fisher
He stated that using the right of way
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Noise and fumes are also a nuisance, according to Mr.
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Glidden, and interfere with the use of properties owned by others.'
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Miss Debra Deeley opposed the petition on the ground that
instruction area is hazardous to the moped operator and the
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oper;>tl.on:
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The noise resulting from thp
disturbs the general area property owners particularly in early
Attorney C. Harold Taylor questioned the need to obtain a
The petitioner stated that he did not
After some deliberation and on motion of Mrs. Bartsch, se-
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AB-l
FEE
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Case No. OO~ -tV'
APPLICATION TO THE BOARD OF APPEALS
Nantucket
May 15. 1978
To the Members of the Board of Appeals:
The undersigned hereby applies for relief from the terms of the
(ZONING BY-LAW) (BUILDING CODE) on property described below:
Location of Property
4 Broad Street. Nantucket
Lot No.
Plan No.
District is Zoned for Residential-<:omrercial
Bicycle Shop-Repairs,
Type of structure (Existing or Proposed) or proposed use:Service & rental of
l"kJptlIis
Owner's Name Nantucket Realty Trust (Estate of John Sirrpson)
Owner's Address
SWain St., Nantu:::ket
When did you acquire this property?
Leased April 1
Has application been filed at Building Department?
No
H as any previous appeal been made?
No
Section of By-law or Code from which relief is requested:
Special pennit under Section rv-2-(7)
Reason for asking relief: Petitioner has rented bicycle shop as of April 1st,
for storage, repair, servicing and rental of Mopeds at site fomerly operated
by John Simpson. Recent Superior Court decision held to required special
pennit for MJped operation. NANIUCKErr' BIKE SHOP, IN:.
Signature of applicant' ~ \~~~''Yv, ~C ~
Pres~dent l
ATTACH: (1) A list of the names and addresses of each abutting owner and
owner abutting the abutters.
(2) Check in the amount of $50.00 made payable to the Town of
Nantucket.
(3) Map or plan showing the location of the property to be
considered.
(4) If the applicant is other than the owner, please indicate your
authority to make this application.
BOARD'S DECISION
Application submitted to Board
A dvertising dates ~. \. '\ 'k"
Hearing date f:,. 'U). '\ t
Decision of Board
Decil'lion filed with the Town Clerk
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