HomeMy WebLinkAbout1984-March-16BOARD OF APPEALS
Nantucket, Massachusetts
A public hearing of the BOARD OF APPEALS was held on Friday,
March 16, 1984 at 1:30 p.m. in the Town and County Building, Nantucket,
Massachusetts. Present were: Andrew Leddy, Chairman, Eileen Cahoon
and Lydle Rickard, regular members of the Board and Linda Williams
and Harold Taylor, alternates.
An old matter was the first business before the Board: the
Application of Robert C. Kuratek (006 -84), seeking a Special Permit
under Section 7(1) of the Zoning By -Law (change, extension or alter-
ation of a pre- existing non - conforming use). As the desired addition
was realigned, the Board unanimously GRANTED relief.
The first new matter to come before the Board was the Application
of Barry G. Foster(007 -84) seeking a Special Permit for the extension
and alteration of a non - conforming use as well as parking relief. Mr.
Foster would like to turn his scallop shanty and electrical shop into
a guest house with 7 rooms for guests. He spoke on his own behalf,
saying that a guest house would be a more desirable use of the property.
He stated that they had the land to provide all seven parking spaces
but hoped to have that number reduced to four, so as to use the lawn
for gardens and yard for the guests' enjoyment.
Michael Driscoll spoke in favor of the Permit. The Chairman
of the Board wished to know what would happen to the garage? It be-
longs to other people. The cement apron? would become brick or stone.
Yard? a flower garden.
Letters from Mrs. Donald Howard, Ellen Selden and George
Grimes expressed approval for the improvement in the property, al-
though Mr. Grimes was against the waiving of the parking requirement.
Mrs. Martha Walters spoke against a rooming house on Lyon St.
No matter how well run, she said, it lessens the neighborhood of
beautiful homes. John and Sandra Lynch and Mr. and Mrs. Dimling also
opposed the Permit on the grounds of noise and more parking problems.
This matter was taken UNDER ADVISEMENT, pending a viewing.
March 16, 1984 -2-
The next matter to come before the Board was the Application
of Jack Weinhold and Nancy Adam (008 -84) seeking a Special Permit
to have a photography studio in their new home. Linda Williams sat
on this case in place of Andrew Leddy. The chairman did say, however,
that he had advised his client that a Special Permit was not strictly
necessary, photography being well within the home industries referred
to in the Zoning By -Law. Mr. Weinhold spoke on his own behalf. .
The Board voted UNANIMOUSLY to GRANT this Permit.
The next matter to come before the Board was the Application
of Philip and Elizabeth Murray (009 -84) seeking a Special Permit in
the Old Historic District to excavate the basement of Murray's Toggery
and also waive the parking spaces required by the additional space.
Julie Fitzgerald, Esq. spoke on their behalf: there will be no visible
changes at all, once the work is done.
Mary Philips from St. Paul's Church said it was fine with them
that the parking requirements be waived.
The Board voted UNANIMOUSLY to GRANT this permit.
The next matter to come before the Board was the Application
of the ARC CORP ( Augustus Ramos) (011 -84) seeking E Special Permit
to put up an asphalt plant on land leased from the Nantucket Airport.
Mr. Ramos spoke on his own behalf, stating that much research was
behind this project to minimize noise, water and air pollution. There
was a need for a competitive source for asphalt on the Island. The
buildings had been redesigned to conform to the HDC. It would have
one access road (entering on Milestone Road) and is in a remote area
with no houses nearby.
Michael Driscoll, Esq. observed that competition was needed.
James Lentowski of the Nantucket Conservation Foundation was assured
there would be no sand pits. Mix will be made both on site and at
the plant.
The Planning Board had recommended favorable treatment and
there were no letters opposing this project. The Board voted
UNANIMOUSLY to GRANT this Permit.
March 16, 1984 -3-
The next matter to come before the Board was the Application
of Marilyn Berthelette et al (013 -84) seeking relief by Variance of
a zoning problem which renders the title defective. Richard Glidden,
Esq. spoke on their behalf. The Planning Board recommended favorable
treatment; for reasons of hardship, they should be exempted from the
minimum lot size.
The Board voted UNANIMOUSLY to GRANT this Variance.
The next matter to come before the Board was the Application
of Nantucket Sun Nominee Trust(015 -84) seeking a Special Permit to
construct a warehouse in an area zoned Residential - Commercial out at
Nobadeer. Richard Glidden, Esq. spoke on behalf of the Trust. He
said he hoped the Board of Appeals would work with the Planning Board
on this Application because there were many considerations. Zoning,
for example, because it is really a major commercial development.
He said there was a real need for storage on the Island and this is
the most desirable space for it- near the airport with few houses
around. There would be no dead storage, someone would be living on
the premises, only dry storage would be there (no chemicals) and
there would be no servicing of vehicles. Perhaps it would be the
means of keeping tractor - trailers out of town.
Two home - owners in the area, John Walsh and Greg Stone of
Hinsdale Road were very concerned about traffic problems.
This matter was taken UNDER ADVISEMENT pending a viewing.
The next matter to come before the Board was the Application
of Beatrice Lovell (012 -84) seeking a Special Permit to extend a
pre- existing non - conforming use, that is, to erect a small addition
at the back of Corner House Guest House on Centre Street. Ms. Lovell
spoke on her own behalf. She gave some history of previous dealings
with the Zoning Board and asked for relief from the ground cover
requirements, from 42% to 47 %. It is a small lot anyway. There
was some question as to whether the porch is ground cover and one
member of the Board felt strongly that a check should be made with
the building inspector before anything further was considered.
The Board took this matter UNDER ADVISEMENT, pending clar-
ification of current construction.
March 16, 1984
-4-
The next matter to come before the Board was the Application
of Foster Herman(38 -83), a rehearing of his request for relief from
off - street parking. Andrew Leddy stood down and Harold Taylor took his
place; Lydle Rickard stood down and Linda Williams took his place.
The chairman read two pages of background notes to this case.
Mr. Taylor insisted that Foster Herman commit himself on the
use of the building: office space, only- two up and two down.
H. Seidler was opposed to another building in that already
congested area, but commented that to allow most and deny one was
ridiculous.
Mr. Taylor observed that he had "dug his own funeral" by
conveying all possible parking spaces away.
The Board voted UNANIMOUSLY to GRANT this request.
The last matter to come before the Board was the Application
of Westender, Inc. (Peter Dooley) (016 -84), seeking relief of the
restriction on the extension or alteration of a pre- existing, non-
conforming use. He would like to serve beer and wine in his new
restaurant.
Russ Bradley, Esq. of Sullivan & Worcester, Boston, spoke on
behalf of Peter Dooley. He said it would be the Board of Selectmen
who decided whether or not Peter could actually have a liquor license:
what the Board of Appeals was to decide was whether or not, under
Section 7(I) of the By -Law, a liquor license would be "substantially
more detrimental to the neighborhood ". The Westender is simple, small
and extremely attractive: it is not a bar, not a hangout. The proprietor
had felt it prudent to wait on his request for a liquor license until
the town felt better about his restaurant and saw that he meant to
live up to his commitments.
Philip Murray, Jr., Irene Smith and William Hutchinson all
spoke in favor of the license. Philip Murray ate there "a lot" and
found it a delightful and charming place to enjoy a quiet meal.
Peter Dooley said there were others who wanted to speak in his favor
but could not stay for the end of the hearing. He also said that he
testified under oath at the trial which got him the restaurant in
the first place that he would like a full liquor license, someday.
March 16, 1984 -5-
Theodore Tillitson, Esq. of Sherburne, Needham & Powers, Boston,
spoke on behalf of many others who were very distressed about a rest-
aurant at all, although noone considered it a noisy or offensive location.
The liquor license is seen by these people as a "traumatic change"
in the environment. Late hours, crowds. It was to be a luncheon place
primarily, serving local seafood, family style, with dinners from time
to time only.
Alan Brown spoke on behalf of the Bamburgers who have a house
in the back yard of the Westender. They are concerned with growth.
Come to Madaket for a peaceful retreat.
Betty Brown was concerned about the hours. Peter Dooley said
he would accept any restrictions; he doesnt want a "last call" place.
Mary Alice Kalhenbeck and Pat Toalson opposed liquor in any
form.
It was suggested that such things as liquor licenses go before
a vote at a full Town Meeting when there is a change in the use of a
building in a neighborhood.
This matter was taken UNDER ADVISEMENT.
That being all the business before this Board, the hearing
was ADJOURNED.
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