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.
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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 #
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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
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tiFi!t~, •.i•
.~*1~ri~(11~~.rl~l'•'.BoA Form 1-89
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.;;., owner's name (s)
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lk° Mailing address:
4~~' Applicant's name:
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NANTIICRET ZONING BOARD OF APPEALS
TOWN AND COD'NTY EUILDINO Da e
NAN'~'IICRET~ MA 02554 ~~'7
CASE No cam'- [
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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 .
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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.