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HomeMy WebLinkAbout1984-March-23BOARD OF APPEALS Nantucket, Massachusetts A Public Hearing of the BOARD OF APPEALS was held on Friday, March 23, 1984 at 1:30 p.m. in the Town and County Build- ing, Nantucket, Massachusetts. Present were Andrew J. Leddy, Jr., Chairman, Ms. Eileen Cahoon and Lydle Rickard, regular members, and Ms. Linda Williams and C. Harold Taylor, alternate members. The first old matter to come before the Board was the Application of Barry Foster (007 -84) seeking a Special Permit to change the use of his building at 10 Lyon St. from commercial to residential and open a guest house. Mr. Rickard had taken a view- ing of the site and commented that it was a very narrow lane in a quiet residential area: last thing needed was more cars, but a new roof would be a definite improvement. Mr. Foster said all commercial work would cease there if the Permit was granted: he was prepared to go "full steam ahead" and create " a masterpiece instead of a nuisance ". This Special Permit was GRANTED, by UNANIMOUS vote, with conditions that there are to be no more parking spaces and all lawn is to be retained. (Mr. Foster did say he and his wife had plans for an extensive garden.) The second old matter to come before the Board was the Application of Nantucket Sun Nominee Trust (015 -84) seeking a Special Permit for warehousing on the Island. Richard Glidden spoke on the Trust's behalf, pointing out that this project was also before the Planning Board as a major commercial development. This Special Permit was GRANTED, by UNANIMOUS vote. The third old matter before the Board was the Application of Beatrice Lovell (012 -84) seeking a Special Permit to add a small addition to the Corner Guest House at 49 Centre Street. After much altercation, this request was DENIED. Mr. Rickard wished to go on record as desiring to keep houses small. -2- The last old matter before the Board was the Application of the Westender, Inc.(016 -84) seeking a Special Permit in order to serve wine and beer at the restaurant. The Chairman pointed out that this Board has no jurisdiction to issue a liquor license: the question before it was "very narrow and technical ", i.e., would this be sub- stantially detrimental to the neighborhood. The Board of Selectmen will decide about the license. The proposed use is not different from the prior use. Theodore Tillitson, Esq., speaking for the opposition, again emphasized the need for the transcript of Peter Dooley's court case: a proper decision could not be made without it, in his opinion. This Permit was GRANTED, by UNANIMOUS vote. The Application of Patricia Waterhouse was withdrawn. The Application of the Martys was withdrawn to be re- submitted in the future. The first Application of the a Special Permit to Mickey Roland spoke Board that existing building. new matter to come before the Board was the Vantucket Historical Association (010 -84) seeking put an addition onto the Museum Shop for storage. on behalf of the Association and informed the garbage cans would be placed inside the new This Permit was GRANTED, by UNANIMOUS vote. The second matter to come before the Board was the Application of Lyman Perry (021 -84) seeking a Special Permit to put an addition on an existing dwelling at 35 Union St. Richard Glidden, Esq. spoke on behalf of Mr. Perry, telling the Board that this addition had been approved by the HDC even though it was on a small lot and would be over the ground cover allowance. The Perrys would like to make the building a year -round house. This matter was TAKEN UNDER ADVISEMENT pending a viewing of the site. -3- The next new matter to come before the Board was the Application of Joseph Arno (014- 84)seeking a Special Permit for a waiver of parking in the Old Historic District for his restaurant, expanding after 30 years, on Main Street. Rhoda Weinman, Esq., spoke on his behalf. This is a well -known family restaurant, has 90o walk -ins, is approved by HDC. Now there will be a second floor with stairs inside. The capacity upstairs will be 40. Hours will remain the same (7:30 am - 9:30 pm). Mr. Morgan Levine wrote a letter supporting the Arno request: Grace Coffin and the Minuccis wrote letters in opposition. This Permit was GRANTED, by UNANIMOUS vote. The next matter before the Board was the Application of Kotolak /Davis (020 -84) seeking a Special Permit to have a year -round take -out restaurant on North Beach St. Ms. Williams took Ms. Cahoon's place and Mr. Rickard took Andrew Leddy's place and acted as Chairman in this matter. Cahoon and Leddy had conflicts. Richard Glidden, Esq. spoke on behalf of Chuck Davis. Litter would be controlled, parking would be behind the building. There would be kitchen facilities for soup and sandwiches. There was extensive opposition to this request. The Brant Point Association, Ted Anderson, Bill LeVane, George Metcalfe all protested as to traffic problems, litter, lack of need. Wayne Holmes, Esq. spoke on behalf of the Mad Hatter fearful of the deterioration of that neighborhood. An earlier request by other people for a take- out restaurant in that area was rejected, why do this? Rhoda Wein- man, Esq. said if this is passed, she'd like to come back for Todd Arno (who was refused). A letter from Mr. Arno was read, saying he was denied because of poor location. William Hutchinson, who runs Hutch's Sea Shanty on Lower Broad St. did agree there was a problem with litter. Letters opposed were from the Damskers, Shays, Serinos. This request was DENIED. -4- The last matter to come before the Board was the request of Nantucket Island Products (019 -84) that the Building Permit issued to The Tavern be withdrawn. Theodore Tillitson, Esq., spoke on behalf of Mr. Bob Leske of Captain Tobey's Restaurant, the aggrieved party. The request being made at this Hearing was that the Board direct the Building Inspector to revoke the Building Permit, so that work ceases. A second issue is whether or not the building should be restored as it was before. The contention is over parking. Wayne Holmes, Esq., spoke for Sherburne Associates saying that his client owns all of Straight Wharf and under law this is considered as one lot. He commented that the Permit was given "quite rightly" the increased space is for kitchen area, etc. not more patrons. It is also impractical to think that any enlargement of property triggers 6B (the parking requirements in the Zoning By -Law). To deny this application would be to affirm the Town Council, Mr. Chaleki, etc. Mr. Tillitson commented that there is no parking require- ment for dead storage space. And no waiver of parking is available outside the Old Historic area, which the Tavern is. The basic question is whether or not what the Tavern has done amounts to "substantial expansion ". The aggravation is on the grounds of encroachment and expansion with no attention to the parking re- quirements. Not fair to see someone else doing it Good faith has been consistently broken down. This matter was TAKEN UNDER ADVISEMENT. There being no further business, this meeting was ADJOURNED. CA, -a 14 C�r��jt � /-z el 9