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HomeMy WebLinkAbout065-89Form 3_89 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 December 19 , 1989 To: Parties in interest and others concerned with the decision of the Board of Appeals in Application No. 065-89 of • THOTMAS L. RHODES AND GLEAVES RHODES Enclosed is the decision of the Board of Appeals which has this day been filed with the Nantucket Town Clerk. An appeal from this decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the decision must be brought by filing a complaint in court within twenty (20) days after this day's date. Notice of the action with a copy of the complaint and certified copy of the decision must be given to the Town Clerk so as to be received within such twenty (20) days. J William R. Sherman, Chairman cc: Town Clerk Planning Board Building Commissioner i TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 DECISION: In the matter of the Application of THOMAS L. RHODES and GLEAVES RHODES (065 -89) at a meeting of the Board of Appeals held at 1:00 P.M. on December 18, 1989, at the Town and County Building, Nantucket, the Board enters the following Decision and makes the following findings: 1. This is an application for a SPECIAL PERMIT under Nantucket Code §139 -33.A (Alteration of pre - existing nonconforming use and structures, also nonconforming_ as to parking). If granted, Applicants would be permitted to make additions to an existing dwelling nonconforming as to frontyard setback, convert a portion of a second existing dwelling nonconforming as to side yard setback into a garage, and relocate upon a new foundation and renovate a third existing dwelling. Each of these dwellings is said to predate the effective date of the Nantucket Zoning By -law in July, 1972 and to have been used continuously, without abandonment or disuse for a period of three _years or more, since that time. No off - street parking is currently provided. The premises are located at 127 MAIN STREET, Assessor's Parcel 42.3.3 -048 (Plan Book 12, Page 4), and are zoned RESIDENTIAL -1. 2. The Board's findings are based upon the application and accor,,panying documents, including the recorded plan, plot plan, locus map, proposed site plan, floor plans, and elevations, affidavits, testimony and representations submitted at the public hearing, and the Board's decision in Case No. 024 -82. 3. The premises contain three structures, a main dwelling known as the "Main House" and two secondary dwellings, the easternmost secondary dwelling being known as "Summer Cottage ", and the westernmost secondary dwelling being known as "Starfish ", all as shown on the plot plan attached hereto as Exhibit A. As a result, the premises are nonconforming as to use, because three dwellings upon one lot are not a permitted use under the By -law. Based upon prior decisions of the Board, notably the Tronick case (001 -88), the requested relief is required prior to the commencement of any of the work proposed. No on -site parking is provided; three parking spaces are required under the By -law; and consequently, the premises are nonconforming as to parking. The premises also contain the following dimensional nonconformities: the Main House, having at its closest point to the street only a setback of about 7.9 feet, intrudes into the required front yard setback of ten feet; the twelve foot front to back separation required under the By -law between primary and secondary dwellings is not met as to the Main. House and Starfish; and Starfish, located it its closest point to the abutters to the west only about 0.4 feet from its western boundary, intrudes into the required side yard setback of 5 feet. In case number 024 -82, this Board granted the Applicants' predecessors in title a Special Permit to alter Starfish by expanding it upward to provide additional living space. This Board finds, that all of these nonconformities, with the exception of such nonconformities pertaining to Starfish as were created pursuant to the Special Permit granted in case number 024 -82, preexist the effective date of the By -law in 1972. 4. The Applicants represented at the public hearing, by testimony and supporting affidavits, and this Board finds, that a.f ���'• the three single- family dwellings on the premises have been used, i� continuously and without abandonment or disuse for a period of three years or more, since a time prior to the effective date of the By -law in July, 1972. 5. The Applicants propose to alter and extend these preexisting nonconforming uses and structures by (1) relocating Summer Cottage to the northernmost portion or rear of the premises, such location to conform with the dimensional requirements of the By -law, placing it on a new foundation with some change in the ceiling height of the first floor, and repairing and replacing, as necessary, structural members to stablize the building; (2) converting a portion of Starfish to a one -car garage and retaining living space including a kitchen, bedroom, and bathroom; and (3) enlarging the rear of the Main House by adding a single -story addition on the west, a second -story deck over a screened porch to the rear, and a two -story addition (extending about 4 feet) to the east, all of such work to be performed in accordance with the plans submitted with the application. 6. The three dwellings on the premises, with the exception of those portions of Starfish created pursuant to the Special Permit granted in case number 024 -82, date back to at least the late 1800's, and this Board is mindful of the concern, particularly on the part of the Nantucket Historic District Commission, to preserve, to the extent possible, such structures, especially on a street of such historical significance as Main Street. At the same time, the Board is equally aware of its obligation to preserve intact the integrity of the By -law by ensuring, where practical, that the required off - street parking is provided. In this particular case, representations were received from abutters, in the form of letters and oral testimony at the public hearing, that adequate parking is available on Main Street and that the provision of parking on the site would be detrimental to the neighborhood, on the west due to the proximity of the abutters' dwelling, and on the east due to the adverse visual impact on the historic structure and Main Street itself. The Board is also told that the Historic District Commission has informally expressed reservations as to the desirability of providing such parking on the easterly side of the premises, matters such as the approval of driveways being within its purview. Under the unusual circumstances of this case, the Board finds that the provision of on -site parking would not be beneficial or necessary to the neighborhood and, as a result, does not make it a condition of relief. 7. At the public hearing, the immediate abutters to the west appeared and voiced their strong objections to the conversion of a portion of Starfish into a garage but stated no objections to the balance of the relief requested. In response to these objections, the Applicants asked permission to withdraw, without prejudice, any relief requested as to Starfish, and this Board granted such request. Several other objections to the application were presented, but this Board is satisfied that, to the extent that such concerns are within the jurisdiction of the Board, they are addressed by this decision and the conditions placed upon the relief granted. 8. The standard to be applied in making this decision under Nantucket Code §139 -33.A is that the proposed change, extension, or alteration shall not be substantially more detrimental to the neighborhood than the existing nonconformities. Given that all of the proposed work will be in conformity with the dimensional requirements of the By -law and that, in the absence of three dwellings and with the provision of the in on -site parking, no relief from this Board would be necessary for the proposed work, the Board finds that the proposed work falls squarely within the limits set forth under Code §139 -33.A and will not be substantially more detrimental to the neighborhood than the existing nonconformities. 9. The relief granted hereby is expressly upon the condition tha' "the proposed work be completed in substantial conformity with the elevationsand site plan attached hereto as Exhibit B. 10. Accordingly, for the reasons and upon the conditions set forth herein, the BOARD of APPEALS hereby allows the Appplicants to withdraw, without prejudice, all relief requested as to the dwelling known as "Starfish" and GRANTS the Applicants the remaining relief requested by SPECIAL PERMIT under Nantucket Code §139 -33.A (Alteration of preexisting, nonconforming use and structures, also nonconforming as to parking) by A r1T\TaNTmnrTC ,„+ Dated: December j�, 1989 ejw /95 /RHOD and RHOD1 Dale �. Wai e U' Mi a V J. O'Mara BOARD OF APPEALS OF NANTUCKET TOWN OF NANTUCKET NANTUCKET, MA 02554 File No. D(aT -gf� Map Parcel IN RE: THE APPLICATION OF (a noQ 64Q W-AeA Inf A Upon the request of the Applicant(s) made /prior to (check one) -`// after publication of notice of a public hearing on the above captioned application, we acknowledge as a matter of right and without / (check one) prejudice approve without prejudice approve, but with prejudice the withdrawl (check one) in full of the said application. of so much of the said application as /P Dated- 261 � ��l NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 November 22, 1989 NOTICE A public hearing of the Board of Appeals will be held on Friday, December 8, 1989, at 1:00 p.m. in the Town and County Building, Nantucket, on the Application of: THOMAS L. and GLEAVES RHODES Board of Appeals File No. 0 &589 seeking a Special Permit under Section 139 -33A to alter and extend 2 nonconforming dwellings (the "Main House" lacking 10' front -yard setback and alongside it to the west the "Starfish" with only 0.4' side -yard setback) and relocate a third (the "Summer Cottage ") for renovation at the back of the lot outside the required setback. Enlargements to the rear half of the Main House are a single -story addition on the west, a second -story deck over screened porch to the rear and a two -story addition extending 4' to the east. Starfish will contain a new one -car garage and first -floor kitchen plus bedroom and bath on second floor (added per 1982 Special Permit 024 -82) without increasing its setback intrusion. Each single- family dwelling is said to pre -date 1972 zoning. The premises are at 127 Main Street, Assessor's Parcel 42.3. -048, Plan Book, Page 4, zoned Residential -1. William R. Sherman, Chairman BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS 11/14/89 TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 CASE No - 8 9 APPLICATION FOR RELIEF Owner's name(s): Thomas L Rhodes and Gleaves Rhodes Mailing address: c/o Reade & Alger Professional Corporation Six Young's Way Post Office Box 2669, Nantucket, Massachusetts 02584 Applicant's name: Same as owner Mailing address: Same as owner '1 Location of lot: Assessor's map and parcel number 4233 - 048 Street address: 127 Main Street Nantucket, Massachusetts 02554 Registry Plan Bk & Pg 12/4 -be# Date lot acquired: p2j Ol 89 Deed Ref 331 / 126 Zoning district R -1 Uses on lot - commercial: None X or MCD ?No - number of: dwellings 3 duplex 0 apartments 0 rental rooms 0 Building dates) : all pre -8/72? Yes,-err except as rerBOA #024 -82C of 0? No Building Permit appl'n. Nos. None Case Nos. all BoA applications, lawsuits: 024 -82 State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose compared to present and what grounds you urge for BoA to make each finding per Section 139 -32A if Variance, 139 -30A x if a Special Permit (and 139 -33A x if to alter or extend a noncon.orming use). If appeal per 139 -3 ;A & B _ , attach decision or. order appealed. OK to attach addendum--. The premises contain three structures, a main dwelling known as the "Main House" and two secondary dwellings, the easternmost secondary dwelling being known as "Sumner Cottage" and the westernmost secondary dwelling being known as "Starfish ". As a result, the premises are nonconforming as to use, because three dwellings on one lot are not a permitted use under the By -law. No on -site parking is currently provided, and consequently, the premises are nonconforming as to parking. The premises also contain the following dimensional nonconformities:- the Main House intrudes into the required fror -yard setback of ten feet; the twelve foot front to back separation required under the By -law between primary and secondary dwellings is not met as to the Main House and Starfish; (See Continuation Sheet) Items enclosed as part of this Application: orderl addendum2 x Locus map x Site plan x showing present x +planned x structures Floor plans present x proposed x elevations x (HDC approved ?Yes) Listings lot area x frontage_— setbacks_ GCR� parking data x Assessor - certified addressee list 4 sets x mailing labels 2 sets x S200 fee payable to Town of Nantucket x proof 'cap' covenant 1(If an appeal, ask Town Clerk to send Bldg Comr's record to BoA.) I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under the pains and penalties of er'u. SIGNATURE: Applicant Attorney /agent x arah F. Alg , Attorney for Applicant 3(If not owner or owner's attorney, enclose proof of authority) FOR Bolt' OFFICE USE Application copies recd: 4 ✓_ or for BoA on��by__l�/ One copy filed with Town Clerk on%2/ by mplete? Ci One copy each to Planning Bd and Building Dept �0 by_( $200 fee check given Town Treasurer ory� f f25 byC_,P.4�waived ?_ Hearing notice posted�l/a/s�mailedIW4I & m-, �77, —b--bJ'-ra7 Hearing(s) one_/_ cont'd to--/_f_, _/__/_ withdrawn ?__J_/_ Decision due by _j_/_ made--,/__J_ filed TC_/__J_ mailed —j--/_ See related cases lawsuits other, e Continuation Sheet and Starfish intrudes into the side yard setback area required under the By -law. All of these nonconformities preexist the effective date of the By -law in 1972, except such nonconformities pertaining to Starfish as were created pursuant to a special permit issued by the Board of Appeals in its case number 024 -82. Applicants seek a special permit under By -law section 139 -33.A and such other relief as may be necessary to alter and extend these preexisting uses and structures by (1) moving Summer Cottage to the northernmost portion of the premises, placing it on a new foundation, and repairing and replacing, as necessary, structural members to stablize the structure; (2) converting a portion of the first floor of Starfish to a garage and adjusting certain floor heights; and -(3) adding to the Main House an addition to the first floor on the west, a porch and balcony addition on the east, and an addition on the east, all of such work to be performed in accordance with the plans submitted herewith. (dda /32 /Rhodes)