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HomeMy WebLinkAbout097-99TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: December 8 ~ 1999 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 097=99 Owner/Applicant: SWAIN~~S POINT NOMINEE TRUST, JOHN F. GIBSON, II., TRUSTEE Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of the Nantucket Town Clerk. An Appeal from this Decision may betaken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the Decision must be brought by Filing an complaint in court within TWENTY (20) days after this day's date. Notice of the action with a copy of the ccomplaint and certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20) days. ,-~ ~~ William P. Hourihan Chairman cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMT.T AND WILL EXPIRE IF NOT ACTED UPON ACCORDING~TO NANTUCKET ZONING BY-LAW §139-30I (SPECIAL PERMITS); §139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. ltf VVf 1JJJ iJ. V1 JV VC.tVIVJG f LIL.1\ L !\IDVftl7 GJUI rHl]G CJL Assessor's Map 25 Parcel 1 LUG-3 260 Polpis Road LCPL 11931-A Lots 26-27 Certificate of Title: 17,928 At a public hearing of The Nantucket Zoning Board of Appeals, held in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, 02554 on the Application of Swain's Point Nominee Trust, John F. Gibson, 1I i Trustee, of 895 University Parkway, Aiken South Carolina 29801, Board of Appeals File No. 097-99, at 12:00 noon, on October 22, 1999, the application was continued, without the pubic hearing being opened, to Friday November i 2, 1999.On that day the Board made the following decision: 1. Applicant is seeking relief by SPECIAL PEAMIT under the Nantucket Zoning Bylaw X139-33A (afterationlexpansion of a preexisting nonconforming use/ structure) loo allow demolition and reconstruction, renovation and expansion of several said to be preexisting structures on a sixty eight,(68) acre site. The locus contains several structures which w~l be altered in the following manner: The bam is to be renovated/ expanded and converted into a dwelling unit by removing a kitchen from a separate structure on the property and installing it in this structure. The farm house contains two, (2} kitchens, and two, (2) dwelling units. The structure will be demolished and reconstructed, into asingle-family dwelling, wr<h the relocation of a kitchen unit th the bam. The principal dwelling, (the "Pink House") will be demolished and a new single family dwelling will be constricted in the same general area as the old house, but will be located outside of Nantucket Conservatron Commission jurisdiction, unlike the existing house. The existing guest house will be substantially renovated and the kitchen maintained. bathhouse (no kitc~ttenj, study ro,, and green house,rsphalt all remai~oarid bye rpenovatedtnew}, The locus is non-conforming as to number of dwelling units on a lot, having four {4) separate dwelling units when a maximum of two (2) are allowed under the Bylaw. The locus meets all other dimensional zoning requirements. The locus is situated at 260 Polpis Road, Assessor's Map 25, Parcel 1, LCPL t ! 931-A Lots 26-27. The locus is zoned Limited Use General-3. 2. There were numerous people speaking in favor of the application. The Plannin Board made a Th ~ negative recommendation. a decision to approve the aPPl~~on~ was based upon the Application, the material submitted vrn'th it, the testimony and evidence presented at the hearing. 3. Applicants, through counsel, presented plans of the locus, arxi a narrative description of the scope of the work proposed under the application. The prepposed work would result in the demolition of a stukxo facade, pink in color, single family dwelling, and the construction of a Historic District Commission approved, Certificate of Appropriateness # iG/ VV/ 1JJJ 1.l. GV JVVLLV~ VJL 1 LILI~ / l~IUV1~4 LJt% 1 Ml,7C [~l 34,251, single family dwelling in its stead; the renovation of a dilapidated bam, into a Historic District Commission approved, Certificate of Appropriateness # 32,716, single family dweNing: the demogtion of a two family dwelling, and the construction of a Historic District Commission approved, Certificate of Appropnateness #34389, single family dwelling, in its stead; the renovation of the arxiAary structures on the kx:us, to include a guest cottage, which is a small cottage with accommodation for approximately two, (2) guests, a scallop shads. which is a small utility shed that currently serves as storage for a smaq dinghy, two, (2) pump houses, which serve as housing for the water pump,, electrical service, and heating needs for the pink house and guest house, a studio, which is a small library type study used as a locxition for artistic pursuRs, a bathhouse. which is a small structure used ro change clothes before and after boating and bathing, and has an attached screened in porch used for relaxing and viewing the water, and a green house, whic~'t is used for the cutavation of plant life, and the storage of equipment used for landscaping. The purpose of the project is to demolish or renovate the various dilapidated structures and dwellings on the ~cus, construct and renovate said fires irrto structures and dweAings which would allow the realization of their potential usefulness, and to bring all of the structures renovated or reconstructed into conformity with a~i'icable building code. 4. Therefore, the Board finds that the proposed project would alter a preexisting non-conforming use, but would not result in a use that would be substarttiatly mare detrimental to the nneet'tghborhood than the existing rron-conformity, because the work proposed would result in #our, (4) dwelling units on a sixty eight, (68) atxe parcel, which is what currently exists; aril that the proposed project would have Tittle impact upon the surrounding area because there are currently only two, (2) structures visible from Polpis Road, and the work proposed will result in only two, (2} structures being visible from Polpis Road, and the work proposed would result in the removal Of a fink stucco strut~ure, and its replacement with a structure which rs signficantly more harmonious in design and materials with the structures existing ~ the neighborhood, as well as island-w~ie, and that the proposed use is the same as the existing use. 5. Accordingly, the Board, by a unanimous vote, GRANTS the requested relief by SPECIAL PERMIT under the Nantucket Zoning Bylaw §139-33A to aRer and expand the existing structures, and use, as proposed on the condition that the work is to be performed in substantial conformity with Historic District Commission Certfiicates of Appropriateness, numbers: 34,251, 34,389, and 32,71 fi, as may be amended. EO~f';IED I°CV/CJ CI~E(~r~IS OFFICE !~ARlTC,'CI<ET, MA 02554 alMr: DEC Q 8 1999 ~,LERK:..~.~- 37 WASHINGTON STREET NANTUCKET, ;MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 12.00 P M., FRIDAY, OCTOBER 22, 1999, in the CONFERENCE ROOM OF THE TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: (NOTE THE EARLIER TIME/CHANGE OF DATE. DUE TO THE LARGE NUMBER OF CASES BEING HEARD AND LIMITED MEETING SPACE, PLEASE CALL THE OFFICE AHEAD TO ASCERTAIN AN APPROXIMATE TIME A PARTICULAR CASE MAY BE HEARD) SWAIN'S POINT NOMINEE TRUST - JOHN F. GIBBON, III., TRUSTEE BOARD OF APPEALS FILE N0. 097-99 Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning Bylaw §139-33A (alteration/expansion of a pre-existing nonconforming use/structure) to allow demolition and reconstruction, renovation and expansion of several said to be pre-existing structures on a 68 acre site. The Locus contains several structures which will be altered in the following manner: - The barn is to be renovated/expanded and converted into a dwelling unit by removing a kitchen from a separate structure on the property and installing it in this structure. - The farm house contains two (2) kitchens/two (2) dwelling units. The structure will be renovated and become a single-family dwelling with the relocation of a kitchen unit to the barn. The principal dwelling (the "Pink House") will be demolished and a new single-family dwelling will be constructed in the same general area as the old house, outside of Nantucket Conservation Commission jurisdiction unlike the existing house. - The existing guest house will be substantially renovated and the kitchen maintained. - The ancillary structures, i.e, scallop shack, pump house (old), pump house (new), bathhouse (no kitchen), studio, and green house, shall all remain and be renovated. Th.e Locus i:s nonconforming as to number of .dwelling units on. a lot, having four (`~) separate dwelling units when a maximum of two (2) are allowed under the Bylaw. The Locus meets all other dimensional . zoning requizements. The Premises is located at 260.POLPIS ROAD,. Assessor's Map 25, Parcel 1, Land Court Plan 11931-A, Lots .26 and 27 .. The property is zoned Limited-Use-General-3. ,- ~ William P. H i a Jr., C rman p• tiFi!t~, •.i• .~*1~ri~(11~~.rl~l'•'.BoA Form 1-89 ,,~ -:,. ,. .;;., owner's name (s) ~. lk° Mailing address: 4~~' Applicant's name: . NANTIICRET ZONING BOARD OF APPEALS TOWN AND COD'NTY EUILDINO Da e NAN'~'IICRET~ MA 02554 ~~'7 CASE No cam'- [ y~c~,~ r~'S PD~~ ~,.vn,,n'~ 1 ~9~rli // - Mailing address: >C~~~ Location of lot: Assessor "~ map and par el number ~- straet address: ~~~ P~~P~~ Registry Land ~Ct 'Plan, ~l~n 8k & Pg or Plan File _~l q 3 ~ ~ I,ot ~6 J a"~ Date lot acquired: a- ~ ~~` Deed Ret l7~~$ Zoning district ~-~~-3 ~°t~ ~ ~i !~Y/~'l ~~~ 1 MCD? 1~ Uses on lot - .comzner is :' None ,_ or -number of: dwellings duplex- apartments-, rental rooms Building ~ date (s) : all p2*8-8/72? „~ or C of O? &uilding Per:ait appl'n. Nos. Case Nos. a11~8oA applications, lawsuits: ' state Pully all zoning relief sought and respeettve Code sections and subsections, specifically what you propose cdmpared to present and what grounds You urge for BoA to wake each fi»din per Section 139-32A _ if Variance, 1.39-BOA it a Speoial Permi~ (and 139-33A if to alter or extend a nartcon'~'orming use). >;f ap eal per 139-3~A &-8 _ , attach decision or order appealed. OK to a~tach addendum . 5 ,a~~ J~ ~ '~.~J ..:''S OF~Cr '. 9 q r~ ~- '~ Oc~ ~ ~~99 ~ 3'. .+~ Items enclosed as part of this Application: orderl addendum2 Locus map S~.te plan showing present +plannea structures Floor plans present proposed elsvat ons (HD~ppproved?_). Listings lot area '~3`rontage setbaaks___, G'C~2 arking data Assessor-certifieTaddresseE• S~st 4 sets ma~l~ labels 2 sets_ 200 fee payable to Town of Nantucket prpaQf cap' covenant (2f an appeal, ask Town Clerk•to sen3"~ldg Comr s record to SoA.j~ I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under the pains and penalties of per ur . SIGNATURE: ~ A plicant ,,,_, Attorne /agent ,,$, . p ...-..------~ 3(It not ownex qr owner' attorney, enclose proof of authority) .... FOR Bo OFFICE USE Application copies reed: 4 _ or for 8oA on,~ by One copy filed with Town Clerk on~~ by complete?S~ one copy each to Planning 8d and Suildi.ng Dept 6 ~ by $200 fee check giyeri Town Treasurer o»~~/ by waived?_,~ Hearing notice posted~,IQ/,~mailed~~~,~ X & M~G , ~~~a~ Hearing (s) on,~~,~ cont' ~~ to_,/~,_, ,_,~,_„/,_, withdrawn?~,•..J_ Decision due by,_,,,/„_/,_, made,_/~,,,_, tiled TC,_„/~_.._, mailed,,,,J_f _,. See related cases ~ lawsuits ~ other Addendum ~ Applicant is seeking relief by Special Permit to allow the demolition and reconstruction, renovation and the expansion of several preexisting non- conforming structures within the LUG-3 zoning district, as well as the conversion. The lot is preexisting non-conforming with respect to the number of dwellings, there currently being three or four in a zone that allows a maximum of two. The Applicant's lot is 68 acres in the LUG-3 Zone, where the allowable ground cover is 3%, or 81,600 square feet, plus or minus. The lot has a main house that is located on the north westerly point of land and is preexisting non conforming with respect to only the number of dwellings on the lot. The applicant is proposing to demolish this structure and replace it with another dwelling. The Applicant is seeking relief to do this under the Town of Nantucket Zoning By-Law Section 139-33a. The Applicant is also proposing to renovate the existing farm house on its existing footprint. The farmhouse is preexisting non conforming, again, only insofar as the number of dwellings on the lot. The Applicant would maintain that, based on its historic use as two dwellings, the farmhouse contains two dwelling units, both preexisting the advent of the Zoning By- Law, and, both preexisting nonconforming with respect to the requirements of the secondary dwelling language of the Zoning By-Law. The Applicant is proposing to move one of the dwelling units to the barn structure. The Applicant is proposing to renovate and expand the barn structure. The barn is conforming as it currently exists. The Applicant is proposing to convert the barn structure into a dwelling unit by moving one of the dwelling unit uses from the farmhouse structure. The farmhouse would be limited at that time to one dwelling unit. There exists on the lot, a pump house, an office/study, green house a bath house and a boat house. These structures are conforming. There also exists a guest cottage which is a dwelling unit.