HomeMy WebLinkAbout009-78
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In the matter of the petitions of Nantucket Realty Trust
(008-78), Burns Three, Inc. (009-78), and John R. Fisher, Jr. ajkja
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 petition3r stated that
it was necessary to provide a training period to a user a~d that
the training periud consisted of instruction 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.
ajkja 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-
ta~ued 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 by 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
operator and the general putlic.
7. 3ecause of the close proximity of the buildings in this
arE~a, the exhaust and noise generated by the operations of the
mopeds constitutes an interference with the use and enjoyment of
ad:jacent property owners. There was testimony that the noise of
early morning operations caused people in the area to be disturbed
an(~ 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 the 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.
lO. Traffic congestion in the downtown area is now a serious
matter and a subject of concern to the planners of the Town, the
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.
11. 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 the 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 Maln 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, one block area. In additiun, 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 t~ere was no his-
torical information on which to base any decision or opinion.
In retrospect the Board finds that training and ~nstruction
are e3sential ingredients of any safe re~tal operation and must
be a condit~on to be satisfied by any QUSlneSs operator of a
moped re;J.tal business. Tne Board believes that the t::-aialng area
requirement can be met with the selection of a suitable locations
by the petitioners.
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On motion by Mrs. Cahoon, seconded by Mrs. Bartsch, it was
unanimously voted to grant the petition, and the petition and the
special permit is hereby
GRANTED. J
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Attorney Michael Driscoll appeared for the petitioner.
age,
repair, and service of mopeds and general bicycle business
on the corner of Oak and South Water Streets on land owned by
was required and recited a general history of litigation leading
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to Judge Linscott's decision, which Driscoll stated was plainly
wrong.
Mr. Driscoll stated that the petitioner offers a training
period by using Beach Street and a portion of the leased area.
The accident rate is 7jlOths of one (1%) percent of all rentals
according to Driscoll.
They attach safety flags to the mopeds as
an additional safety measure.
Mr. Driscoll stated the town was
seized with a hysteria over mopeds.
Accidents are caused by the
road conditions'and not by people according to Mr. Driscoll.
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boles and sand are the causes not operators.
Mr. Driscoll said
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sonal experience of going over 200 miles on a couple of gallons o~
mopeds are ecologically sensible and save gas reciting his per-
gas as an example.
Mr. Driscoll stated that not more than ten (10) gallons of
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gasoline would be stored on the property at anyone time. There
are storage shed facilities on the site.
The site has access via a wide driveway from the locus to
Beach Street. The locus is generally fenced in with the exceptionl
of the wide driveway. Beach Street and Oak Street are used as a ;
training area. Minor repairs such as tire changes, spark plug re-I
placements, and servicing are done on the premises.
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Beachi
Mr. Glidden spoke in opposition stating that the use of
Street and Oak Street for training and instruction was a dangerousl
practice. He stated Beach Street and O~k Street W2re both used
by the scheduled busses and other traffic. The moped operations
are a hazard to other uses of Beach Street and particularly to
property owners who have driveways on Beach Street and have to
back into the traffic.
Miss Debra Deeley spoke and cited the Consumer Report maga-
zine article reporting that mopeds were a major contribution of
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air pollution and were inherently dangerous to operate. She also
objected to the noise and confusion resulting from the mopeds and
their operation.
The chairman read letters from the Medical Staff of the Nan-
tucket Cottage Hospital opposing the rental of mopeds as being
dangerous, from the Planning Board requesting that moped rental
operations provide a training area on private property, and from
the Nantucket Atheneum library opposing the petitions of Burns
Three, Inc. and others.
After due deliberation on motion of Mrs. Bartsch, seconded
by Mr. Hyde, it was unanimously voted to defer action on this pe-
tition pending a further viewing of the site.
B-1
FEE
s-o~
ocA..,Y
Case No.
APPLICATION TO THE BOARD OF APPEALS
Nantucket-.lli27 \ L, I 197B
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 SOUTJ-I J1)ATcR.. 5-ric.Ee-t
Lot No. J.... 8 Plan No.4;;J. '9, 2.. A <;St'"S" S, y S .
District is Zoned fo~ E:$", 'j) E)-IT fA L Co M MEtJ:c I A L
Type of structure (Existing or Proposed) or proposed use:Ecj<' f-e i'rl ~el
ksst'-(" 12 ' '7/0 _ -r<::'e", /.
~ Name L)LJ )C H..$ / /77l F F. ..i- V1 C"
~~~;~ Address 0 JJ/hk A-t2A B;Y/357;.J-f I ~N\A Ot1Jo9,
/JJ,clz;!"/ '"Pns ro// ?t3 Z2 ~rtI?~ ~
When did you acquire this property? ....I; 17-.lY 4.-.r"*"",,/
1'-/-- A-.
Has application been filed at Building Department?
Has any previous appeal been made? H 0
Section of By-law or Code from which relief is requested: .Iil~'. . C -2- (.
Reason for asking relief: --Pet! u-e-J7 -h- v S-PEGJAL~12YY1IT
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.q- vYlo re~~ (Kc.~'\". s~Yv\c~. &"-6~ et-c:. JJ :f~IY"/ J
Amk A-r"~' f!/!!t; J..,
r Signature of applicant ~ ~:4
ATTACH: (1) A list of the names and addresses of each abutting owner artr-n-J-
owner abutting the abutters.
~ (2) Check in the amount of $50.00 made payable to the Town of
Nantucket.
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(3) Map or plan showing the location of the property to be "
considered.
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(4) If the applicant is other than the owner, please indicate your
authority to make this application.
BOARD'S DECISION
Application submitted to Board S- - \b -., <\('
Advertising dates b- \ 6 - c:y "'\~
Hearing date (., . "Z.C - \. ~
Decision of Board
Decision filed with the Town Clerk
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