05/23/09 - The town will allow restaurants under apartments in some commercial zones if the Town Council takes the advice of the Planning Board.

The board Tuesday recommended rewriting a section of the town’s zoning ordinance that forbids restaurants under residential units. The rule was originally included because of concerns about putting commercial kitchens under residences. But the fire code has been dramatically strengthened since then and such setups are already widespread throughout town because they existed prior to the rule’s adoption.

The proposal calls for restaurants with apartments above to be allowed in the Old Harbor, New Harbor and Service commercial zones.

To qualify, 40 percent of the residential units must be reserved for seasonal or year-round workers and the building must contain at least one unit that fits that description. The restriction must be included in the deed that would transfer to future property owners.

Alternatively, property owners could set rents for at least 30 percent of the units to meet standards under the state’s Low and Moderate Income Housing Act. Again, owners would need at least one unit fitting the definition.

The change, if adopted by the Town Council, would pave way for Mary Jane Balser to create two apartments above a restaurant in her Fishead building next to the Block Island Grocery. Island residents Leslie and Rob Boutin plan to operate the restaurant.

Earlier this month Balser had petitioned the council to change the law to allow the apartments. The council referred the request to the Planning Board, which determined that Balser’s request would not allow her to accomplish her goal. Balser withdrew the application, but the board pledged to work on drafting a change, which it did Tuesday.

Also Tuesday, the board recommended that the Town Council create a public utility zone that would allow wind turbines. The board wants the council to designate the land housing the Transfer Station as a utility zone in order to allow the construction of a wind turbine there.

The zone would permit turbines 265 feet tall from the tip of the blade to the base if they are 50 feet away from any property line and 275 feet away from any structure.