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)