HomeMy WebLinkAbout016-84
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
April 6 , 1984
Re: THE WESTENDER, INC. (016-84)
Enclosed, please find notice of a decision of the BOARD OF APPEALS
which has this day been filed with the Town Clerk.
Any appeals from this action shall be made pursuant to Section 17
of Chapter 40A of the General Laws, and shall be filed within
twenty(20) days after this date.
yrd re w ~ ~. y
hairman
Andrew J. Leddy, Jr., C
BOARD OF APPEALS
~r
~- ~~
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
DECISION:
At a Meeting of the BOARD OF APPEALS held on Friday,
March 23, 1984, in the Town and County Building in the Matter
of the Application of Peter F. Dooley (The Westender, Inc.)(016-84)
after a Public Hearing held in said Building on Friday, March
16, 1984, the BOARD finds:
This is an Application filed by Peter F. Dooley of Nan-
tucket as owner of the subject premises seeking a SPECIAL PERMIT
under Section 7(I) of the Zoning By-Law to change, extend or
alter a pre-existing, non-conforming restaurant use to include
the sale of wine and beer for consumption on the premises. The
property is a small restaurant called the Westender Restaurant
located in the Madaket section of Nantucket on Madaket Road and
Midland Avenue. The Lot on which the restaurant is located is
shown on the Nantucket assessor's maps as Lot 104 on map 60 and
is shown as Lot 199 on Land Court Plan No. 3092-7 filed for
registration with the Nantucket Registry District of the Land
Court. The subject premises are located in a RESIDENTIAL-2
DISTRICT. The present restaurant use antedates the enactment
of the current Zoning By-Law and is protected as a valid pre-
existing non-conforming use as recently decided by the court in
Nantucket Superior Court Civil Action No. 1964.
While there are many important community issues to be
considered in connnection with the granting of a public license
to serve wine and beer, it is not within the jurisdiction of
this BOARD to grant or withhold such a license. In this community,
the Board of Selectmen has exclusive jurisdiction to grant or
withhold such licenses and, in connection with any such grant,
-2-
to impose such limitations, conditions and restrictions as the
law allows and as the Board of :;electmen may decide are appropriate.
Thus, t~.e narrow zoning question presented to this BOARD
is whether or. not the on-premises sale and serving of beer and
winE at the Westender Restaurant would constitute an extension or
alteration of t:he pre-existing, non-conforming use which would
be, in the language of Section 7(I) of the Zoning By-Law and
Section 6 of Chapter 40A of the Massachusetts General Laws,
"substa.ntiaily more detrimental than the pre-existing, non-con-
farminc; use to tie neighborhood," If the BOARD concludes that
it is nit ;>ubst~c:~tially more detrimental, the BOARD may grant
a SPECIAL F'ERP'IIT to allow such an extension or alteration of
that use.
The BOARD heard and considered testimony from many people
at the Hearing and received letters from many other interested
people. At the Hearing, the Applicant stated that he planned
ro changes in the restaurant character, hours of operation, the
number of tables in the restaurant or the type or character of
the menu as a result of the SPECIAL PERMIT and any subsequent
grant of a wine and beer license by the Board of Selectmen.
Except for the simple addition of wine and beer to his menu,
his operations would be substantially the same as they were during
the previous year, There was also testimony from a number of
individuals who supported the granting of the SPECIAL PERMIT
stating that they believed that the addition of wine and beer
to the menu would make the restaurant generailly more attractive
tc adult and family use, particularly in a resort community like
Na:~tucket, and that it would certainly aid the economic viability
of the restaurant and therefore asssure that it would remain as
a very desirable local resource as the only restaurant in the
Madaket area. Those supporters felt that, in any event, such an
addition would not only not be detrimental to the neighborhood,
it would have no discernable effect on the neighborhood. Several
tit
-3-
people spoke in opposition to the granting of the permit claim-
ing that while they complimented Peter Dooley on the operation
of his restaurant during the previous summer and while they had
no sp2citic objections to any aspect of his operations, including
the hours, menu, noise or the appearance of the premises, they
were worried that the addition of wine and beer might be the
first step in a continuing expansion of the restaurant use in
subsequent years that might in time become detrimental.
At the March 16, 1934 Hearing, counsel representing
several NSa:~aket residents requested that a decision on the
Application be postponed u:itil the BOARD could obtain and review
a transcript of the trial. in Superior Court Civil Action No. 1964.
This BOARD declines to delay its decision, finding that the
Application under consideration at this time is unrelated to
fihe subject matter of the issues involved in that case. The
Applicant is seeking a SPECIAL PER~'~IIT in order to extend ar alter
a non-conforming use at~d is not claiming that the sale of wine
and beer is a use which he may continue by right in the same
manner in which the court concluded he may continue the basic
restaurant use. Any alleged promises concerning wine, beer or
liquor of Mr, Dooley at the trial or elsewhere can be considered
by the Selectmen if he applies for a wine license.
After careful consideration of the Application, the
issues raised orally and by letter at the Public Hearing by
neighbors and, other interested persons, the BOARD'S own direct
knowledge of the Westender Restaurant premises including its
location on the main road used by Nantucket residents and visitors
to gain access to the Madaket beach and popular fishing areas,
its own direct knowledge of the neighborhood surrounding the
Restaurant including the proximity of houses, and tce rivf+RD'S
own general experience and knowledge concerning other restaurants
of a similar typE~ and character on Nantucket, the BOARD has
unanimously concluded that it cannot find that the addition of
-4-
wine_and beer to the menu of the Westender Restaurant would be,
in itself, substantially more detrimental to the neighborhood
than the restaurant use•as it is presently operated without wine
and beer. The BOARD also notes again that the Board of Selectmen,
if a license is applied for, are capable of dealing with matters
which may arise in anticipation or in subsequent fact concerning
the license and any effects it may have upon the community.
The BOARD finds that the sale and consumption of wine
and beer on premises is not per se substantially more detrimental
to the neighborhood than the existing restaurant use and that upon
the receipt of all other required licenses and permits therefor,
such use of the subject premises will be in harmony with the
general purpose and intent of the Zoning By-Law. Accordingly,
the BOARD GRANTS to Peter A. Dooley a SPECIAL PERMIT for the
extension or alteration of his pre-existing, non-conforming use
as requested, by UNANIMOUS vote.
Dated: Nantucket, Mass.
April 6, 1984
~ 3 : ss .~
~--~ ~~
~~ ~r~
~ ~a'
~~--~--
,,_,~~ -~ ~ (P
~...~/ ~,
AB-1
FEE $ 100 , 00 Case No. •~ ~ G '~ ~~
APPLICATIQN TO THE BOARD OF APPEALS
Nantucket Massachusetts
To the Members of the Board of Appeals:
The undersigned hereby applies for A~~~~m~~ie ~err~~e~f the " •
(ZONING BY-LAW) (~I~~~ on property described below:
Location of Property Madaket Road/Midland ~ Avenue _-
Lot NO~,ssessor #104 (Land Ct. #199~1an NO. Assessor #60 (Land c't--_ #3092-7)
District is Zoned for R-2
Existing restaurant
Type of structure (Existing ~~~) or proposed use: structure= and use
Owner's T?ame Peter F. Dooley
Owner's Address Madaket Road, Nantucket, MA 02-554
~ When did you acquire this property ?_ July 2 6 , 19 8 2 ___ _
Has application been filed at Building Department? No
,~,
`''+~ H as any previous appeal been made? No _
under determination
Section of By-lawx~iXXX'~ which ~&is requested: ~P~+-;on ~T of +-~,A
By-Law (and G.L.c 40A, ~ 6 ~)
Reason for asking relief: The applicant seeks to extend,or_-alter the
pre-existing nonz.conforming.restaurant use of the property to
~.
include the sale of wine and beer -The altered use will not hP
substantially more detrimental to the neighborhood •than the pre~nt Quse.
' 9i slurs of applicant pF .~ ~p~'(~i
•
ATTACH: (1) A list of the names and addresses of each aoutting owner. and
owner abutting the abutters.
.~ pp, 0~
(2) Check in the amount of made payable to the Town of
Go~ieS `1 1 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
.~__ ----~ i~
Application submitted to Board ~.~1 G ~ ~"'''~'
Advertising dates_ r _
Bearing date '
iecision of Board
Decision filed with the Town Clerk
.c r
list of parties in interest in the •attor of the petition ot~
Name PETER F. DOOLEY
Address_ P.O. Box 455, Nantucket, MA 02554
TOMN OF NANTUCKET
80AR~ Of APPEALS
..
Lot 104, Map 60, Madaket Road/Midland Ave.
Property Address Madaket. Nantucket, Massachusetts 02554
Catherine A. Hosmer Beth Y. Gleick Timothy S. Doran
Madaket Street 1070 Park Avenue Maple Avenue
Nantucket, MA 02554 New York, N.Y. 10028 Forsestdale, R. I. 02824
Claude P. Bamberger
34 Fairview Road
Tenafly, N.J. 07670
Miriam F. Lindsey
Harry W. Lindsey
Stonecleare Road
Boxford, MA 01921
Harold R. Turner
825 S. E. Avenue
Delray Beach, FL 33444
Philip N. & Lillian
D. Gallagher
Madaket
Nantucket, MA 02554
Helen Chappel
Midland Avenue
Nantucket, MA 02554
Anthony C. & Myrtle
M. Ostrowski
Madaket
Nantucket, M A 02554
Kathleen Mitchell
36 Allen Road
Winchester, MAT• 01890
Inhabitants of the
Town of Nantucket
Town Clerk
Broad Street
Nantucket, MA 02554
John H. Kittila, Jr.
Winifred C. Kittila
147 Main Street
Nantucket, M A 02554
George Elmore Taylor
Margaret Taylor
North Liberty Street
Nantucket,~MA 02554
I c~rtity the foregoing is a list
Iand abutting the property and ern
the property on any street or •ay.
feet of the property. all as they
applicable TAX list.
y~~
~ to
Edward H. Whelden, Jr.
Lillian Whelden
Madaket
Nantucket, MA 02554
Richard J. Whelden
Sadie Whelden
Madaket
Nantucket, MA 02554
Richard A. Werbes
73 Betsy's Lane
New Canann, Conn. 06840
Wray E. MacKay
94 Parkway Rd
Bronxville, N.Y. 10708
Mary L. Dillon
1226 30th Avenue
Vero Beach, FL 32960
Estate of Mitchell Todd Jr.
Madaket Road James & Mary Brenan
Nantucket, MA 02554 19 Mountain Avenue
Bloomfield, Conn. 06002
Melvin E. Hanson
Carol W. Hanson
Fruit Valley Road
Oswego, N.Y. 13126
Rita W. Moran
71 Newell Drive
Cumberland, R.I. 02684
Lindsey R. Perry
239 Newburyport TPKE
Topsfield, MA 01983
Gisa Botte
239 Newburyport TPKE
Topsfield, MA 01983
of persons rho are v~nsrs of
ors of land directly opposite
end owners of land •ithi~ 300
appear on the •ost recent
sosaer
Toan et Nant~ck~it
NOTICE
A Public Hearing of the BOARD OF APPEALS will be held on
FRIDAY, MARCH 16, 1984 at 1:30 p.m. in the TOWN AND COUNTY BUILD-
ING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of
WESTENDER, INC. (PETER F. DOOLEY) (016-84) seeking a SPECIAL PER-
MIT under SECTION 7(I) (extension or alteration of pre-existing
non-conforming use) of the Zoning By-Law. If granted, the
Applicant's restaurant use would include the sale of wine and beer.
The property is located at MADAKET ROAD/MIDLAND AVENUE(ASSESSOR'S
LOT NUMBER 104, PLAN #60). It is zoned, RESIDENTIAL-2
BOARD OF APPEALS
yIG~YQw ~ ~ Y
Andrew J. Leddy, Jr., Chairman
' ~ ;
JACKSON ~I~ ~~
i'OWt ( /
1
J 11
t1.ea
~ .~ .
N
•
re.~a
O
N
as
N
~r
aw
sM I•
h
~L~~/L.tlfll ~
LITTLE ~ ~~
NECK
r
L f
r .
~eMCtt iot;_r autiis~.1 i ~
1
f•
~, tt
/~4V
~~ tf '~
-M
f ~~ N
f~• ( • `
~6 • p
~ Iel~I
O M1
~ ~ YM
~ r
~ t~fa~
r NI ~ ~ ~~ n~ M
p ~ Twt wiwMr-wrf a wN tN{ fowOr M ~ ~~~'
~ ~ row a NAlrrycKr A MUTYC/Lt ~
Q ~~. ..... .~.._~ ~.
* ~. r
ref c ~ ree ~
N va~O got ''~ • ~ ~ ~ N to
~`O ~ ~~~
~~N y~ i '
/ ~ - ae 7d0 • >•
OOaO ae rW ~ ~ `~~ ~ ~ Me ' ' ' HI
~~ 1
ue I~ Mt I.,~ 7.eA ` ~~~r. r ~
> ~ O '~ ~ ~ ~
' r.e. wt \ / N as ~ .~
n1 r.tA y ~--~
~~• t.I -'~ '~ IfYN
/ ~
•ia rrwiuc~tt d~'* / atA ~ O V `+ M~O~
~ ~~ . eo ~-~~1
A ~` 01 ~. ~ y ~~ 1.a•
~+
•t-t 3 AN
~~~• ~i 1
SCNOFIELO BROTHERS, IKC. ~ _•~~
~~~ r , 1110t1~110NA1 (NGIN[IQS ~ AIGiSIIR-O lANO Sy111KY0A1 ~
J Ioo l >,t., NANtyCR/f. MA11.
• ' • ~'
. ,. t • ..., . 1
M
-~ ~ ~ ; •.• •' ~ s
• ,•'t, ~ •'~`,' 6• l,~
i
z
0
~~~
~~~ g
~r
N ~
M.
60
q
.:.
~~:
~~~ .
AB-1
FEE $ 100 , 00
Case No.
APPLICATION TO THE BOARD OF APPEALS
Nantucket
Massachusetts
To the Members of the Board of Appeals:
The undersigned hereby applies for A~~~m~t~ie°~er~~ecs~f the
(ZONING BY-LAW) (~~~~ on property described below:
Location of Property Madaket Road/Midland • Avenue
LOt NOAssessor #104 (Land Ct. #199~1an NO. Assessor #60 (Land Ct_~~092-7)
District is Zoned for R-2
_____.
Existing restaurant
Type of structure (Existing ~~) or proposed use: structure and use
Owner's 1`?ame Peter F. Dooley
Owner's Address Madaket Road, -Nantucket, MA 02-554
\ When did you acquire this property ? July 2 6 , 19 8 2 _ __
Has application been filed at Building Department? No
••,
'`~~ Has any previous appeal been made? No
under determination
Section of By-Iawx~Xx~ which Rem&is requested: section ~T of +-hA
By-Law (and G L c 40A, ~ 6 ) -
Reason for asking relief: The applicant seeks to extend , or_-alter the
pre-existing non=.conforming. restaurant use of the property to
include the sale of wine and beer The altered use wil~c~t- hP -
substantially more detrimental to the neighborhood •than the pre~nt use.
91 ature of a licant ~~
~ pp ~-
ATTACH: (1) A list of the names and addresses of each abutting owner. and
owner abutting the abutters.
.~ pp, 0~
(2) Check in the amount of made payable to the Town of
Go~iCS G' 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 yoi~r
`~c32..c~w•~~ authority to make) this application. '
,~
L~~~~~ *~h BOARD'S DECISION
Application submitted to Board
advertising dates
Iiearing date ~
Zecision of Board
Decision filed with the Town Clerk __._ __._ _._...__ _.
TOMN Of NANTUCKET
80AR0 OF APPEALS
Lint of parties in interest in the natter of the petition oft
Names P TER F DOOLEY ,
Address P.O. Box 455 Nantucket MA 02554
Lot 104, Map 60, Madaket Road/Midland Ave.
Property Address Madaket Nantucket, Massachusetts 02554
Catherine A. Hosmer Beth Y. Gleick Timothy S. Doran
Maple Avenue
Madaket Street 1070
N Park Avenue
10028
Y
N
York Forsestdale, R. I. 02824
Nantucket, MA 02554 ew .
.
,
Claude P. Bamberger
34 Fairview Road
Tenafly, N.J. 07670
Philip N. & Lillian
D. Gallagher
Madaket
Nantucket, MA 02554
Helen Chappel
Midland Avenue
Nantucket, MA 02554
Anthony C. & Myrtle
M. Ostrowski
Madaket
Nantucket, M A 02554
Kathleen Mitchell
36 Allen Road
Winchester, MAT 01890
Inhabitants of the
Town of Nantucket
Town Clerk
Broad Street
Nantucket, MA 02554
John H. Kittila, Jr.
Winifred C. Kittila
147 Main Street
Nantucket, M A 02554
George Elmore Taylor
Margaret Taylor
North Liberty Street
Nantucket, MA 02554
Miriam F. Lindsey
Harry W. Lindsey
Stonecleare Road
Boxford, MA 01921
Edward H. Whelden, Jr.
Lillian Whelden
Madaket '
Nantucket, MA 02554
Richard J. Whelden
Sadie Whelden
Madaket
Nantucket, MA 02554
Estate of Mitchell
Madaket Road
Nantucket, MA 02554
Melvin E. Hanson
Carol W. Hanson
Fruit Valley Road
Oswego, N.Y. 13126
Harold R. Turner
825 S. E. Avenue
Delray Beach, FL 33444
Richard A. Werbes
73 Betsy's Lane
New Canann, Conn. 06840
Wray E. MacKay
94 Parkway Rd
Bronxville, N.Y. 10708
Mary L. Dillon
1226 30th Avenue
Vero Beach, FL 32960
Todd Jr.
James & Mary Brenan
19 Mountain Avenue
Bloomfield, Conn. 06002
Rita W. Moran
71 Newell Drive
Cumberland, R.I. 02684
Lindsey R. Perry
239 Newburyport TPKE
Topsfield, MA 01983
Gisa Botts
239 Newburyport TPKE
Topsfield, MA 01983
I certify the foregoing is a list of persons rho are ornsrs of
land abutting the property and •rnars of land directly oppssite
the property on any street or ray. and ornate of land rithin 300
feet of the propsrty. all as they appear on the ^ost recant
applicable TAX list.
02- /~ Oc
De a Assaeasr
Torn •Fr Nantucket
- r
O\ N
~~
.~ S
m
N
,ri''- ~~
,•• , r~
1
11
t1.tA
~OICNT~ ' Miti ie ~. :"' i ~'r"' ...~..~ ..~.~
I
I
1
~IT~I~ ,,
LITTLE ( "~""""~
NECK
1
1
t
~ ,.
t
t
_ .. --r- •-----~. ~~.~
•fN(tT AOt.~~~ tNttf•00t.1 /~ 1
I
ta.~
>/w
r»•~
-
0
i /~,, O M •
ft
~,/
~~
p
~, I -,
`"
- 4 =.
., a '~
I ,~...~
O M1
- ~ sN
l~I•~
r1A ~
' p ~twtlrWMHMtMiMt fNt fowN M •,~
~ tew w Nn~tvCN:t A AMtTYCtaT M
Q __.,__ ,_,_. .. :.. .~._ ... r
•y w ~• i t ~t~J~ ~ NH ^` p ~ ~ ~ 1 a w
M ~-,AO pt ''~ p NA •~ M ~- t~
O
r, ~ r"'
't N d ` ~ is a + N4 +, . ~ ~ ; » ._.'
,~ ;r
/ Mt ~ae • ~
tw
~ qt ~ Mt Lt• ~~ fit. O ~ t
P ~ t
s' LLt O '~ ~ p
C1 "--~'
.T nt t.sA ~/ ~--
~~ at4 twt ~ 4t \sr1•
~ .~ . t~ ~ ~~~~ m
'`A `~ ~ N
~ 41 N M t1 i~ t'-O
d
a-t •t w
r ~ SCNOFIEL~ BROTN£RS~ IHC.. ~•'~ z
r o
IAO(lS1~ONAl tNGIN[[RS A(t:ISitR\O /ANb •Yt11K\'OAt « wz
14•• ~ t tf., NANTYtlltt. MASS. ~ ~ V:O ?,N
' ~' •..y, ~ .A.i T
Z N
. :',• ~ r
~'