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HomeMy WebLinkAbout047-85? `'- 0 0 1 0 0 RAT E� ��. I ONVN OF NAN TUCKET e-7 - &,5 BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 July 5, 1985 Re: THOMAS AND ANN SOLLAS (047 -85) Enclosed, please find notice of a decision of the BOARD OF APPEALS which has this day been filed with the Town Clerk. .\nv appeal from this action shall be made pursuant to Section 17 of Chapter 40A of the General Laws, and shall be filed within twenty (20) days after this date. C,-sue- William R. Sherman, Chairman BOARD OF APPEALS e s • BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: At a Public Hearing of the BOARD OF APPEALS held on FRIDAY, JUNE 211 1985 at 1:30 p.m. in the Town and County Building, Nantucket, in the matter of the Application of THOMAS AND ANN SOLLAS (035 -85), address 850 Clayton Avenue, Bayhead, NJ 08742, the 3oard finds: 1. This is an Application under SECTION 7(I) of the Zoning By -Law (extension of a pre- existing non- conforming use) wherein the Applicants seek a SPECIAL PERMIT to construct an addition on their residence located at 8 QUINCE STREET, Lot 1, Plan Book 18, Page 144, zoned RESIDENTIAL OLD HISTORIC. The lot upon which their house now sits is a grandfathered non- conforming lot containing 2464 square feet, and the existing structure now exceeds the ground -cover ratio permitted (allowed 739.20 SF and have 872 SF). The proposed addition would add a further 263 square feet (approximately) of new ground cover. 2. Based upon a review of the Application, plans, testimony for and az.A nst the Application, written submissions and the recommendation of the �'l nning Board, the majority of the Board found that the proposed addition, which would keep the house a one -story dwelling and preserve its historical integrity, would be preferable to adding a second story to the building; such a vertical addition is permissible under the Zoning By -Law without a Special Permit even if the dwelling added to is lawfully non - conforming, provided other rules, regulations and laws are met. Further, the majority of the Board found that the proposed addition could not be said to be sub- stantially more detrimental to the neighborhood than the existing non -con- forming building. 3. Upon motion duly made and seconded to grant the requested relief, two Members, Andrew Leddy and Dorothy Vollans, voted in favor of the Motion and one Member, Linda F. Williams, voted against it. As unanimity is re- quired for a Motion to grant relief, the Motion failed and the requested relief was DENIED. • s - (035 -85) -2- Dated: July 5, 198 Nantucket, MA 02556 y Andrew J. Leddy /r���� /', � Dorothy D. Vollans DISSENT: THOMAS AND ANN SOLLAS (035 -85) I find that I must respectfully dissent from the majority of the Board. Based upon a review of the Application, plans, testimony for and against presented at the hearing I found that the Application, which was a rehearing of a previous Application (see #003 -85) was not substantially different from said Application in its content. The previous Application had been DENIED on the basis of the following determinations: a) The proposed addition was not minor but, given the small size of the lot, constituted a major and significant ex- pansion. b) The building is located within the original Old- Historic District of Nantucket and is an historic building in that it was the Pence School and enjoys an historic past. c) The Applicants were aware of the limitations and constraints on the size of their dwelling when they purchased the pro- perty in the summer of 1984 and they offered little evidence that this request was within the spirit and intent of the By -Law. d) The proposed extension is substantially more detrimental to to the neighborhood than the existing non - conforming struc- ture. For an emample, it would increase the density of the A • (035 -85) -3- structures in that area, already crowded, as well as cover green space, already so limited in the "Down- Town" area, and further increase the possibility of more cars with an increase in the size of the structure to accomodate more people. For the foregoing reasons, I find that this Application -is not substan- tially different from the previous one as to content and testimony presented at the hearing and I feel that a DENIA!, was in order. Dated: July 5, 1985 Nantucket, MA 02554 0 . ,S;-P. M. xi4A Linda F. Williams si NOTICE .A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, _JUNE 7, 1985 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Applicatio of THOMAS AND ANN SOLLAS (047 -85) seeking relief under SECTION 71 (codified as Section 139 -33- expansion or alteration of a pre - existing non - conforming use) of the Zoning By -Law. This is a rehearing of Application (003 -85). If granted, the Applicants would be able to put an addition onto an existing house located at$QUINCE STREET, LOT 1, PLAN BOOK 18, PAGE 144 and zoned RESIDENTIAL- OLD - HISTORIC. C William R. Sherman, Chairman BOARD OF APPEA!,S AB -1 FEE $ 100.00 Case No.`___- APPLICATION TO THE BOARD OF APPEALS Nantucket, Massachusetts To the Members of the Board of Appeals: The undersigned hereby applies for relief from the terms of the (ZONING BY -LAW) (BUILDING CODE) on property described below: Location of Property 8 Quince Street Lot No. 1 Plan No. Book 18 Page 144 District -3 Zoned for R -OH - Type of structure (Existing or Propobed) or proposed u ©e: Residential Owner's Namo Thomas and Ann Sollas Owner's :'Iddreag 850 Clayton Avenue Bayhead NJ 08742 When did you acquire this property ?,lgB4 Has application been filed at Building Department? No Has any previouo appeal been made-? Yes S(:ction of By -law or Code from which relief is requested: Section 7 Reason for asking relief: Applicants Lot is non- ronformin2 (2464 sq. feet) and they would like to put a small addition onto the house (see enclosed nlansl and the by -laws require a Special Permit to expand or alter a non - -conforming use, By Their Attorney, Signature of applicant Richard J. Glidden ATTACH: (1) A lint of the names and addresses of each abutting owner and owner abutting the abul2ters. 100.00 (2) Check in the amount of i+ )O* made payable to the Town of Nantucket. (3) Map or plan ahowii g the location of the property to be considered. i (4) If the applicant is )other than the owner, please indicate your authority to make :this application. r BOARD'S DECISION Application submitted to Board Advertising dates Hearing date Decision of Board Decision filed with the Town Cjerk' Y � , card of ppeaL; I '.st f parties in interest in the rzatter of the petition of: i'r e: Thomas and Ann Sollas 850 Clayton Avenue. Bavhead, NJ 08742 1 r; ^er?v sddress: 8 Quince Street Page 1 of 4 LOCUS 42.3.4 -63 42.3.4 -103 Louise B. Chapin -133 Robert J. & Carol Miller 234 Touraine Road New Lane Grosse Point, MI 48236 Nantucket, MA 02554 -102 Ester G. Fox -132 Charlotte G. King 943 Coates Road c/o Tom Giffin - Box 483 Meadowbrook, PA 19046 Nantucket, MA 02554 -58 Ralph E. West, Jr., et al -20 William P. & Anna Niemeir 308 West Springfield Ave. 4 Quince Street Chestnut Hill, PA 19118 Nantucket, MA 02554 -99 James M. & Michelle F. Dangelo -14 Regina S. Burke 22 Brewster Road 10 Gay Street Newton Highlands, MA 02160 Nantucket, MA 02554 -155 Walter C. & Elsie Knott -15 Nathan R. Allen, Jr. Hussey Street 5 Dairy Road Nantucket, MA 02554 Greenwich, CT -104 Alfred Borneman, Trustee -16 Ann C. Henderson 63 Cliff Road c/o Ellen Moore Nantucket, MA 02554 40 Hoover Road West Yarmouth, MA 02673 -64.1 Leroy G. Palmer Cantitoe Road -17 Richard J. & May A. Porter Bedford, NY 10506 4 Gay Street Nantucket, MA 02554 -21 Abigail R. Hawes The Billows -18 Michael F. & Sally T. Orr 2601 Gulf Shore Blvd. 455 E. 57th St., Apt. 4 -A No. Naples, FL 33946 New York, NY 10022 -65 Elizabeth Tvrer -19 Elsie Link 23 India Street 4 Gay Street Nantucket, MA 02554 Nantucket, MA 02554 -105 Edward A. & Rosalie T. Grennan -62 George W. & Sally Penny P. 0. Box 957 5 Quince Street Stowe, VT 05672 Nantucket, MA 02554 I cc : ::fy the forecroing is a list of persons who are owners of land abutting the y ::d owners of land directly opposite the property on any street or way, i of land within 300 feet of the property, all as they appear on the most licable TAX list. : - Nsoessor — Town of Nantucket Page 1 of 4 I tC:IN OF ','A' TUCFr -"f oard of --ppeals I ist if parties in interest in the matter of the petition of: :IMt: Thomas and Ann Sollas 850 Clayton Avenue, Bayhead, NJ 08742 r? r.c'.ress: 8 Quince Street Page 2 of 4 LOCUS 42.3.4 -63 42.3.4 -60 Donald E. $ Eileen M. Terry -117 Nantucket Thrift Shop, Inc. Quince Street 17 India Street Nantucket, MA 02554 Nantucket, MA 02554 42.3.1 -60 Virginia B. Wood -118 Natalie R. Corbin 19 India Street 4 Old Hill Road Nantucket, MA 02554 Westport, CT 06880 -61 Gordon $ Jennifer Nelson -119 David P. White 1238 Canton Avenue Hussey Street Milton, MA 02186 Nantucket, MA 02554 -62 Phillip S. Balboni -120 Twenty Four Broad Street, Inc. 390 High Street 24 Broad Street Westwood, MA 02090 Nantucket, MA 02554 -63 Estate of Paul Levine Richmond- Ludlow, Inc. c/o Joseph Franklin 38 Centre Street 225 West 34th Street Nantucket, MA 02554 New York, NY 10122 42.3.4 -12 Town of Nantucket -64 Sharon B. Doucette North Water Street -13 Richard G. $ Jaclin B. Farrell Nantucket, MA 02554 P. 0. Box 383 Bedford, NY 10506 -64.1 Kenneth $ Geraldine Spatola 29 Buckingham Road -22 Benjamin S. f, Virginia S. Richmond New Milford, CT 06776 20 India Street Nantucket, MA 02554 -65 Tristrams Group, Inc. 35 Main Street -57 Francis W. $ Mary C. Pease Nantucket, MA 02554 -98 21 Hussey Street Nantucket, MA 02554 -66 Mary S. Voorhees Wauwinet Road -59 Marilyn Coccoluto $ William and Nantucket, MA 025S4 E. Florence Yundt 15 Quince Street -67 Edward W. Washburn Nantucket, MA 025S4 951 S. Beach Blvd. Lahabra, CA 90631 -59.1 Marilyn Berthelette, et al 15 Quince Street Nantucket, MA 02554 f :iy the foregoing is a list of persons who are owners of land abutting the ^::d owners of land directly opposite the property on any street or way, s of land within 300 feet of the property, all as they appear on the most !icabie T4X list. •%ssessor Town of Nantucket Page 2 of 4 Ec curd of Ppeals ..,. •f narttes in interest in the maaer a the peti:!on c11 __. Thomas and Ann Sollas .... 850 Clayton Avenue, Bayhead, NJ 08742 8 Quince Street LOCUS 42.3.4 -63 42.3.4 -61 Nathan R. & Mathilde T. Allen, Jr. 42.4.3 -30 Philip W. $ Margaret G. Read -154 5 Dairy Road -80 29 Broad Street Greenwich, CT 06830 Nantucket, MA 02554 -66 Shannon Bolin Kaye -31 Priscilla E. Whalley 171 West 57th Street 7335 S. College Avenue New York, NY 10019 Tulsa, OK 74136 -106 John S. Rugge -32 Margaret K. Terry 56 Grove Avenue Box 242 - 150 Surfside Rd. Glens Falls, NY 12801 Nantucket, MA 02554 -107 Rosamond M. Hall -33 Paula K. Williams c/o Rosemary M. Evans 7 Winter Street P. 0. Box 309 Nantucket, MA 02554 Pottersville, NJ 07979 -34 Zelda G. Zlotin -108 Ernst L. Frank 9 Gay Street c/o Phillipp Bros., Inc. Nantucket, MA 02554 1221 Avenue of Americas New York, NY 10020 -35 Stanley T. Pardo 76 Plymouth Street -130 Charles Barrington $ Robert L. Porter Montclair, NJ 07042 13 Oakbrook Road Ossining, NY 10562 -36 William R. $ Jean D. Sherman Surfside -131 James M. & Michele F. Dangelo Nantucket, MA 02554 22 Brewster Street Newton, Highland, MA 02161 -37 Robert f, Elaine Solomon and F F, G Edelman -134 Forrest S. Smith, Jr. 51 Braeburn Drive Apt. 11D Princeton, NJ 08540 340 East 51 Street New York, NY 10022 -81 Bertha R. Cassidy, Life Estate c/o Valerie Stevens -135 Florence D. Francis 136 Reagan Road 31 India Street Ridgefield, CT 06877 Nantucket, MA 02554 -82 Richard J. $ Geraldine E. Fox -1336 Florence D. Macomber 39 Fairview Road 1599 East Avenue, #10 Narbeth, PA 19072 Rochester, NY 14610 I ify the foregoing is a list of persons who are owners of land abutting the :,c): •, - :id owners of land directly opposite the property vn any street or way, .-3 of land within 300 feet of the property, all as they appear on the most e:A ;;licable T4X list. -T- x � 1soessor -._._. Town of Nantucket Page 3 of 4 v TC.'V OF !`'- %-TUCFET oard of r1 ppeals List of parties in interest in the matter of the petition of: a m e: Thomas and Ann Sol las 850 Clayton Avenue Bayhead, NJ 08742 F ro ?erty address: 8 Quince Street LOCUS 42.3.4 -63 42.4.3 -83 Cynthia L. Barker, Trustee 42.3.1 -3 Wayne F. Holmes f, William H. Hays_ III Howard Street 35 Center Street Marblehead, MA 01945 Nantucket, MA 02554 -84 Alice H. Owen a /k /a Lissa Owen -4 Ernest R. $ Jane L. Davis 8 Academy Lane 20 North Water Street Nantucket, MA 02554 Nantucket, MA 02554 -85 Julie C. Sanford -5 Robert E. $ Frances C. Leach -86 10 .Academy Lane c/o R $ C Taylor Nantucket, MA 02554 5 Chestnut Street -87 Gilbert S. F, Carol Nickerson Nantucket, MA 02554 12 Academy Lane -68 Leon M. $ Eleanor J. Royal Nantucket, MA 02554 31 Center Street 42.4.2 -35 Twenty -Four Broad Street, Inc. Nantucket, MA 02554 24 Broad Street -112 Edward S. & Rosalie T. Grennan, Jr. Nantucket, MA 02554 Gilchrist Road -36 Mary A. Glidden Stowe,. VT 05672 Milk Street -121 Robert Dewey Nantucket, MA 02554 140 Broadway -78 Philip W. £, Margaret G. Read New York, NY -37 29 Broad Street -160 Thomas M. Risch -38 Nantucket, MA 02554 101 Kettle Creek -.7.1 Prentice Willetts Claflin Weston, CT 06883 P. 0. Box 176 -161 Norman Carl 131 Polpis Road 13 India Street Nantucket, MA 02554 Nantucket, MA 02554 42.3.1 -1 Dorothy D. Morris -162 Mariner House Ltd. 48 Center Street 30 Center Street Nantucket, MA 02554 Nantucket, MA 02554 -2 Seven Seas Gifts, Inc. c/o Frances D. Howard 46 Center Street Nantucket, MA 025S4 I cc: !fy the foregoing is a list of persons who are owners of land abutting t`le = " i ^:.d owners of land directly opposite the property on any street or way, > . . _S of land within 330 feet of the property, all as they appear on the most 4 -er.t arplicable TAX list. Page 4 of 4 Town of Nantucket C S 2 0 =f r $, Lo, 5 C N q° a8 5- F" 31. -7 s I Z s 3 D o D U n �o ° o n r a ° _ 0 Z � o o ,a o m x p D i r- (i � Z ,7T c q� h r 0 Z ° I j� /v 9° 38' zn "'E 31 -'fl" U, am 3 r mN JOHN V. COGKCRC)FF A� ET" uX a f,< D