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HomeMy WebLinkAbout084-85TOWN OF NANTUCKET i 1 ♦ a 4 NANTUCKET, MASSACHUSETTS 02554 September 23, 1985 o �Lf -P5 Re: JANE CHERMAYEFF FOR HERSELF AND CHARLES DE FLANDRE (084 -85) Enclosed, please find notice of a decision of the BOARD OF APPEALS which has this day been filed with the Town Clerk. Any 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. William R. Sherman, Chairman BOARD OF APPEAI,S BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: At a Public Hearing of the BOARD OF APPEALS held on FRIDAY, SEPTEM- BER 13, 1985 at 1:30 p.m. in the Town and County Building, Nantucket, in the matter of the Application of JANE CHERMAYEFF, FOR HERSELF AND CHARLES DE FLANDRE, OWNER (084 -85), address 58 Highland Street, Cambridge, MA 02138, the Board finds: 1. Applicant, for herself and the owner, seeks a SPECIAL PERMIT to enlarge an existing single- family residence to provide herself with an artist's studio in such residence and additionally with a small, first - floor gallery space for display and retail sale of works of art. To the extent enlargement of the residence (for retail use) brings with it a re- quirement for off - street parking under Zoning By -Law SECTION 139 -18A, Applicant further seeks a SPECIAL PERMIT under SECTION 139 -18G, as amended, for relief from the requirement of parking spaces beyond those which can properly be provided on the property. Its location is 2 ASH LANE, Lot 93, Assessor's Map 42.4.2 recently rezoned from Residential to RESIDENTIAL - COMMERCIAL. Z. From the Application papers and Applicant at the hearing, we find that the residence pre -dates the Zoning By -Law and is non - conforming as to lot size. Section 139 -33 is applicable and requires our finding whether or not the proposed expansion of the structure upward on the same footprint is substantially more detrimental to the neighborhood. We recognize that add- ing the second story to this single- family residence, there being no in- cursion into the required setbacks or other instance of increasing a non- conformity, may be done without any special permit (or variance). Since the present use as a residence is conforming and , with recent change to R -C Zoning, the proposed retail use is-likewise conforming, no Special Per- mit is required for altering use to include retail sales after the second story is added. In any event, apart from parking, no evidence was received that Applicant's proposal would be substantially more detrimental to the neighborhood. (084 -85) -2- 3. Having disposed of the Section 139 -33 request, we turn to the parking requirements arising with enlargement of the structure coupled with addition of the retail use. (Arguably, no off - street parking require- ment would arise with simple addition of a second floor with residential use only, Ch. 40A MGL §6.) The Planning Board's recommendation was unfavor- able "because parking is already limited in the area." No further opposi- tion was heard from nor relevant evidence adduced against Applicant. 4. However, this Board is mindful that the Board of Selectmen have expressed strong concern that we adhere more closely to the (in -Town) parking requirement in such cases. Letter of June 7, 1985. Similar broad concern has been expressed by the Planning Board and publicized locally. 5. The present footprint is about 600 SF. Assuming retail space occupies more that 100 SF of it, one off - street space is required in addi- tion to one for the residential use. Unless two or more employees of Appli- cant are contemplated then only two spaces would be required (though 5 spaces were spoken of at the hearing). Applicant, to save a sizeable tree, proposes two spaces end -to -end along the easterly line. As the Assistant Building Inspector noted, the end -to -end provision for two cars, e.g., owner's and one customer's would under the By -Law only meet the requirement for one space. 6. As amended by ATM 4/2/85 Article 16, Section 139 -18G provides that we may grant Applicant parking relief by Special Permit upon finding "(a) that the granting of such relief is in harmony with the general pur- poses and intent of the By -Law (chapter); and (b) that the provision of off - street parking as required by the By -Law (chapter) is physically im- possible for the Applciant to provide or, if physically practical, would have a significant and adverse effect on the scenic and historic integrity of the neighborhood." 7. Not making such finding, the majority voted, upon motion to grant such relief, in the NEGATIVE. A dissenting opinion of the acting Chairman who voted to grant relief, is attached. Relief was thus DENIED. (084 -85) Dated: September23, 1985 Nantucket, MA 02554 -3- Andrew J. Leddy Dorothy D. Vollans V C. Ma shall Be le Re: Application 084 -85, Charles de Flandr_e, Owner, Jane Chermayeff, Applicant I must respectfully dissent from the decision of my colleagues in this Application. The reasons for my doing so require, I believe, some background concerning the zoning applicable to the premises at 2 Ash Lane. By the time of Town Meeting in April, 1984, the premises under discussion in this Application were the sole (quite small) parcel on the south side of Ash Lane still zoned Residential Old Historic, which effectively prevented any form of commercial use except as a neighborhood service establishment or for a customary home occupation. The remainder of the south side of Ash Lane had lost its purely res- idential nature by zoning or fact. Further, the premises were generally felt to be unrealistic as a pure residence because of the commercial activity (especially of restaurants) on the rear lot lines of the southerly abuttors on Broad Street. Consequently, there were fundamental questions of fairness in leaving this one lot in the Residential Old Historic zone. After careful consideration, the Planning Board recommended "straightening out" the zoning boundary along Ash Lane so as to include this parcel in the Residential- Commercial zone. Thus, a straight zoning boundary was established which ran down the middle of Ash Lane. Questions of any unfairness with regard to this isolated parcel or of "spot zoning by default" (i.e. commercial activities had come to surround it by either "grandfathering ", by a "ziq -zag" zoning line or by action of the Board of Appeals previously) appeared to be ended. It was felt that the straightening out of the zoning line would also conform to what had in fact become the nature of the south side of Ash Lane, namely, an area of "soft" commercial use which was effectively a narrow transition zone between the intensive commercial use of Broad Street to the south and the residential /rooming house character of the area to the north of Ash Lane. In the instant Application, relief from the parking re- quirements of the Zoning By -Law appeared to be required because it was proposed to enlarge the building upwards to allow its use as an artist's residence and exhibition space. The footprint of the building would not be increased and the visual characteristics of a building which by no stretch of the imagination could be considered harmonious with the surrounding neighborhood would be altered by a reconstruction marvel- ously in harmony with its environment. It is inconceivable to me that the proposed changes would be other than a great improvement to the premises and would be other than the sort of "soft" commercial use which is desirable in a narrow transitional zone. When this Application came before the Board, no opposition was voice by neighbors and no letters of opposition were received. There was no discussion of any realistically expected impact of the proposed use of the premises upon the well -known parking difficulties which exist in downtown Nantucket. AJL: Dissent re Application 084 -85 Page Two In fact, the Applicant was requesting only a reduction in the technically required number of parking spaces which it was believed the Zoning By -Law required for the proposed use. In addition to the unrealistic and abstract quality of the parking requirement in light of the proposed use, a reduction in the parking requirement would allow the retention of green space and foliage on the premises instead of turning the area not occupied by the building into a barren parking lot. In light of the foregoing, I find the Board's denial of the requested relief from the full rigors of the parking requirement to be arbitrary and capricious for the following reasons: 1. It is a "Catch -22" to rezone an isolated parcel into conformity with abutting parcels and then to deny a use ideally suited to the premises by invoking the abstract formula of the parking re- quirement; 2. There was no discussion of the actual impact upon parking in the neighborhood or in downtown Nantucket of the proposed reduction; 3. Recent decisions of the Board have granted much greater relief from the parking requirement to nearby premises, relief which will have far greater impact upon Nantucket; 4. Finally, this Board is specifically empowered by Section 139 -18G of the Zoning By -Law to grant relief from the parking requirement in the area within which the subject premises lie if such relief is (a) in harmony with the general purposes and intent of the By -Law and (b) the provision of parking would be either physically impossible or have a significant and adverse effect on the scenic and historic integrity of the neighborhood even if it should be physically possible to meet the requirement. The Board failed to give these criteria adequate dis- cussion and consideration. 5. In conclusion, I must say with great regret that taken in the context of the evolution of the Zoning By -Law on Nantucket, the nature of the neighborhood, the past decisions of the Board in nearby Applications, and the criteria of proper adjudication of Applications, I can only find this decision arbitrary and capricious. And I must add as "footnotes" that, (1) I find the parking requirements set forth in Section 18 -I of the By -Law, when one attempts to interpret them with reference to the instant Application, to be so ambiguous as to raise questions of the amount of parking required for the proposed use if, in fact, it is not wholly exempt from any additional parking requirement because it is a traditional Nantucket home occupation; and (2) as the Board failed to consider or decide the second request of the Application for a Special Permit to expand a non - conforming use (i.e. the extension upwards of a building on a non - conforming lot) or whether such relief was in fact needed, there is a question of whether this Application was fully heard and consequently whether a valid Decision was made. 91 - NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, SEPTEMBER 13, 1985 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of JANE CHERMAYEFF, FOR HERSELF AND CHARLES DE FLANDRE, OWNER (084 -85) seeking a SPECIAL PERMIT for 'relief from the full off - street parking requirements of Zoning By -Law SECTION 139 -18, also a SPECIAL PERMIT under SECTION 139 -33 allowing alteration of the single - family dwelling on a subminimum lot to include gallery space. The property is located at 2 ASH LANE, LOT 93, Plan 42.4.2 and zoned RESIDENTIAL- COMMERCIAL. William R. Sherman, Chairman BOARD OF APPEALS - AB -1•- FEE $100.00 Case No. APPLICA'T'ION 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 (ZO':Ir;G BY -',AW) (BUTLDINC CODE) on property described below: r.cc. tion of Property. 2 ASH MA • 02�5�4 Lot No. #°)3 _ Plan No. It: 42' 4' 2 District is zoned for Type of structure(Existing or Proposed) or proposed user %jU_ Q Owner's Name q, ^PQ`ti '2J r e s s rj 8 PA G," C4C4-� ST . ?--t Z c OC�� i�-Q�. • O ?� 3 8 Whin did you acquire this property? a'X1 W (9f S N CIJ Has application been filed at Building Department? No Has any previous appeal been made? 00 .+ Section of By -Law or Code from which relief is requested: + Reason for asking relief: ( 9 (8 LxDttEtoc�r- F�C_- _- C�c�oE2�,t2EU Uc=)T Y�C.�Scit�C -� CIs� FQc' -� St► —�cD. F2C�s pCIJC ATTACH: (1) A list of thq names Signature o pplicant and addresses of each abutting owner and owner abutting the abutters, and owners within 300 feet. (2) A check in the amount of $100.00 made payable to the Tzwn of Nantucket. (3) Four copies of the application and a map or plan showing the location of the property to be considered. (4) If the applicant is other than the owner, please indicate your authority to make this application. (\ BOARD'S DECISION Application su muted to Board S Advertising dates ^ Hearing date(s) - Decision of Board Decision filed with the Town Clerk _ ii TOWN OF NANTUCKET BOARD OP APPEALS,- . -..4; L-..t of parties in interest in the matter;of the..petitlon of: Name J /6 J G Address r--)S W GC-1 L, � ST 021 3 8 Property Address 2 ASH LAk---)E�, 421-4-2- C)S': co-xse cc�-f 4 ASi4 ST,., S `. (_s�cu- �EUIl,-�,A SC4, L,. ,' l�� UAu-�., -f Tco, �t�� , at. 021340 g I lJczss . e- toTr,1L ?rte , C"'&:5. V e-e se v , S ec:--(-�?cDk e� i M. ,;. . ;. • , X0870 S t AL TTY (F3F3 S I AS" `' ST. 3CeC7 ,�r�t -.cS ST 52 +IIj a.�x-c- co�..�� -i f Vac.�e2cE Cl�uc- u�cr�5 ��.. lob8% 174 (I! ST-._. t 03 ....r �. 87 5�-A s . �cu`y . C- Oa►T�2 ST-. IJ,LV.- �I-vCKET � toC.SL�3J �LDro 61 /2 tiJA�-T. / e /A n S ze: ,-e TCY/S l / (2-ZE> Wtu— P—o., c)0,74 c.x)-(ue+ (r=xse ccx-ui -�.s 1-7 ST. '7-7 78� 38 1 -c,oec -r P "(."P r -EU%.0 2c) P-42C>a,.o ST. C"2TZ S + �gpr.� s , t Z 5�► —�S�T' u � �. -�rj , iJ,o��C' C r'T 0700 33e� + cD� ��-��� 45 3 4 eT-�e L-CDL --) ;:C�F&Tjer-> 24c"r' `';�, c' � Tom, � • 33575 2 4 Gej=&a sT- . I certify the foregoing is a list of persons who are owners of 1-, abutting the property, owners of land abutting the abutters, own of land directly opposite the property on any street or way, and owners of land within 300 feet of the property, all as they appear on the most recent applicable TAX list. o� Assessor Town of Nantucket'\/• $o Fsgeo-� -f- 94 t- -u-D2e:0 1p � S as4 s-r. �r C4-TKe)21IJE 5 A-5" ST Scn`sD-P I 68 l3 dc�, Sr ., `f , r1Y. looc4 4 2 + Rc_(- c2os�3y, (42. 4.3' Zq) 83 J d5. l..cpTTA J2 /C_"QS . VCSE� , S P�OCiC`-PPOt OJT �p 43.44 , 45 42 3 . 7 7 8 n SATRAN READE & MARINO, P. A. ONE LIBERTY SQUARE BOSTON. MASSACHUSETTS 02109 6 1 7 1 423-4800 NEAL E. SATRAN ARTHUR I. READS, JR. PETER G. MARINO ROBERT J. COTTON WILLIAM R. MARINO FRANCIS X. DEVER, JR. NINA M. PARKER SARAH F.ALGER August 26, 1985 Mr. William Sherman, Chairman Nantucket Board of Appeals Broad Street Nantucket, Massachusetts 02554 Dear Mr. Sherman: I, Charles de Flandre, being the owner of record of the premises located at 2 Ash Lane, Nantucket, Massachusetts, hereby consent to the filing of the application brought by Jane Borden Chermayeff and assent to its presenta- tion to the Board. Charles de Flandre by his attorney: Sarah F. Alger Please reply to: NANTUCKET OFFICE P. O. BOX 2774 SPARKS AVENUE NANTUCKET. MA 02584 16171 228 -3126