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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. 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