I finally had the opportunity to listen to the Planning Board meeting on the whole Spinning Bones patio use permit. While I got the idea that the neighbors were not fans of the use permit I thought they would be okay with a limit on the patio space use (which resulted in the 3:00 pm end time approved by the Planning Board for the patio space).
Turns out, not so much.
In fact the neighbors turned out to vehemently tell the Planning Board that they should deny the patio use permit altogether because of reasons. Apparently there is a dispute between the existing residential tenants and the landlord as to the use of the patio space. According to Spinning Bones the landlord has written into their lease exclusive use of a portion of that patio space and they’re paying additional money for that space. It’s not clear if use of the patio space is detailed in the residential tenants’ contracts but they seem to be under the perception that they have a right to the space. There is some sort of action to adjudicate this, so it will be interesting to see how that shakes out.
But it didn’t just end with the residential neighbors not wanting the patio use, it’s almost as though they have become emboldened enough that they’re preemptively complaining about the interior restaurant use as well. Reminder: restaurants are allowed by right in that zoning.
There were complaints about the possibility of the exhaust being too loud, or not venting properly. Someone was complaining about the environmental impact of the restaurant on the tree and the critters living in the trees. Someone was complaining about waste removal and the excess of cleaning out garbage bins every days even though someone else complained about garbage bins not being properly cleaned out and therefore attracting pests.
These are people who moved into a mixed use district expecting to live over or near “quiet” uses like upholstery shops and hair salons for the rest of their lives I guess.
I really hope this restaurant can make it but based on the reception they’re getting from the neighbors, I think they’re going to face a lot of complaints, valid or not, which is going to make the job of running a restaurant — already a tough industry — even harder.
Anyway, it looks like the majority of the Planning Board really did attempt to make some sort of Solomon like splitting of the baby to appease the neighbors and not completely hobble Spinning Bones from day one. Word is that the tenants may appeal the decision of the Planning Board which will not be a cheap endeavor if they can’t find two City Councilmembers to Call for Review this use permit.
from
https://laurendo.wordpress.com/2019/09/17/exhausting/
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