HomeMy WebLinkAbout010-78
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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. 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. ~n each instance and p8tition the petitioner stated that
it was necessary to prdvide ~~raining period to a user and that
the training period conslsted of itistruction 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
nOlse, 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 Anthority wa~ now a major
source of concern to the Town,and the addition of mopeds training
facilities in the stream of the traffic was a danger to the rr:oped
operator and the gen8ral public.
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
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.
10. 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.
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 the past. Four such petitions were granted in 1977.
In those cases the Board dealt wit~ 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 addition, the Board may nOL 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 th~t training and instruction
are essential ingredients of any safe renta~ operation and ~ust
be a condition to be s~tisfied by any busi~ess operator of a
moped rental business. The Board believes that the training area
requirement. can be met with the selection of a suitable locations
by the petitioners.
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I:, of the time a truck and mopeds occupied the entire front of the
property. He stated that it was also dangerous because most of
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I: the mopeds came onto the street from between parked cars and into
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the heavily used street.
He stated that using the right of way as
a training ground was dangerous and a hazard to other vehicle
operators.
Noise and fumes are also a nuisance, according to Mr.
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Glidden, and interfere with the use of pl")pert ies owned by others. i
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Miss Debra Deeley opposed the petition on the ground that
there is no private area for training and the use of the streets
as an instruction area is hazardous to the moped operator and the
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other users of t~e street. The noise resulting rom the opera lon:
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disturbs the general area property owners particularly in early
morning hours.
Attorney C. Harold Taylor questioned the need to obtain a
transient vendors license.
The petitioner stated that he did not
have such a license.
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After some deliberation and on motion of Mrs. Bartsch, se-
conded by Mr. Hyde, it was unanimously voted to defer action on
this petition pending further consideration and an additional in-
spection of the premises.
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'I Mr. John Fisher, Jr. appeared and stated that he was the petitioner
In the matter of the petition of John Fisher, Jr. (OIO-78),
and would address the Board. Prior to his statement and in re-
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peds, Inc., a Massachusetts corporation. Fisher stated that the I
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Massachusetts corporation is owned by his son, John Fisher III, wh1
II was also present. Fisher stated that his attorney Arthur I. Reade ,I
11 had set up the corporation 8nd was knowledgeable about the corpor-
Ii ate set-up and the conduct of the business and could answer any
II technical questions. 1
II Mr. Fisher st a ted that Sea Trip Mopeds, Inc. carr ies $300,000.100
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it li~tility insurance, allows no operator under 21 to lease a moped,
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II and conducts its operations from 8 A. M. to 6 P. M. Sea Trip con-
i!ducts a short training and instruction course for renters by ~alk-
II ing the moped and renter over to Beach Street and using the PUbliC!
Ilway as a training ground. He stated that they are careful in se-
lllecting renters and have denied 37 individuals this year, Renters
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II are required to take a helmet.
!Iof each moped to eliminate the possibility of tandem riding.
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iHe credited the accident-free record to the training and instruc-
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iltion period, Fisher told the Board that each renter is advised
I about the rules of the road, the hazards of sand on the roads, and i
Ii the general operation of mopeds, He stated the locus was used last!
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\!year for the renting of mopeds for a short period of time. Minor
:Irepairs are conducted on the property, and major items of repair
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jlUSUally entail sending the moped back to the factory. There is no
! storage of gasoline on the property. Gasoline is brought to the
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II si te in five-gallon containers.
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II this location has no curb cut, and it is necessary to exit onto
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Baskets are installed on the rear
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Fish~r
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he has had 725 rentals since May and not one accident.
In response to questions from the Board, Fisher stated that
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lithe street between parked cars. Fisher again expl ained that the-
iibike and renter are walked across the street to the training area,
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liHe stated again that all renters must be 21 and have a valid opera-
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Iii tor's license.
I Mr. Walter Glidden appeared in opposition stating that the use,
iof Beach street as a training area was particularly hazardous.
['Beach Street is used for one-way traffic with two blind driveways.-
!Isometimes there are five or six mopeds being used as training vehi-
IIcleswi th other traffic weaving through the confusion. He statec
lithat it is absolutely perilous to back out onto Beacb Street from
Ilhis dr be. Oboe rv i ng nGr,nal tr aU ic is en ough wit hou t ha vi ng to
Ildeal with a learner on a moped. The combination of persons learn-
Iling to operate a moped, scheduled busses operating through Bei'ch
IStreet, and ordinary traffic using the street almost guarantees a
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liserlous accident.
Ii Mr. William McHugh asked the length of a "training period" and
I~as advised by Fisher that an instruction period usually lasted
I!fi ve minutes.
I Miss Debra Deeley stated that this operation in the Beach Streft
~area was p~ticularly noisy since it started at 8 A. M, The resi- I
Itential users are disturbed by the noise of the mopeds at this
~arly hour. She stated that Beach and Oak Streets were also heavy
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lfedestrian streets and that the mopeds threaten the children that
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Irse these ways. She stated that the location and set-up of the mo-
I~eds was an aesthetic eyesore with the lines of orange mopeds and
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Iwaving flags. There is no structure on the site to store the moped$,
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:~ools, or gas cans, and the site is generally unattractive.
!1 In response to a question from Attorney C. Harold Taylor, Mr.
~isher stated that he did not have a transient vendors permit.
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Wisher stated that he did not believe the law applied to him since
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operated from vacant land and occupied no structure.
The chairman read letters from Dr. David Voorhees represent-
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II ing the Medical Staff of Nantucket Cottage Hospital in opposition
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of moped rentals and from the Nantucket Atheneum library in opposi1
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tion to the petition. The chairman stated that both letters should
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II apply also to the petition of Nantucket Realty Trust and would be I'
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:1 in that file. I
II After due deliberation on motion of Mrs. Bartsch, seconded by i
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II Mr. Hyde , it was unanimously voted to defer action un this ped tiOll
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peuding a further viewing of the site.
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Case No.
APPLICATION TO THE BOARD OF APPEALS
Nantucket ~J'/7r1
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:
.s: '4 t ~ tvw-te ~ f-t
Location of Property
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~'-. 3. / AJ'>-r ,\
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Lot No.
/p-2.
Plan No.
"to! -3
District is Zoned for
I)-C.
Type of structure (Existing or Proposed) or proposed use:
Owner's Name ;:;$ t c.. ;r. II.,...~, "l
owner'sAddreJs~r~l!t~'t'f.~ S~ fl), Dr;.,..-t;I';1'. th /1....0<7,1/1
When did you acquire this property? J.~ IItJ c.. 1177 - J9'PJ
H as application been filed at Building Department? ---L1/d
Has any previous appeal been made? ~
Section of By-law or Code from which relief is requested:
~t. -t, C-
Reason for asking relief: 7; 006.,... ,,, /)).-4. IJ.J Ptl.... sJ~
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Rf.r!tl ,Slu....,.c. 1!c~./~ i-rHII,'fo(. . /. """I.s tJ. -.s-
f t"l ~.....I j /C.> ../" J' J.;p
Signature of applicant ~ Ii? :/~A
ATTACH: (1) A list of the names and addresses of each a~utting 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.
,-,. r" _ (4) If the applicant is other than the owner, please indicate your
authority to make this application.
BOARD'S DECISION
Application submitted to Bofrd s- \ let -"'\ ~
Advertising dates b II ~"'lk' \-~ r { "lY
Hearing date G./~~
Decision of Board
Decision filed with the Town Clerk
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