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Home My WebLink About042-90o-L-f-a - 9e TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: September P 19 90 To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS fn the Application of the following: Application No.: 042 -90 Owner /Applicant: Stuart W. and Phyllis R. Freilich 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 be taken 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 complaint and certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20) days. Linda F. liams, Chairman cc: Town Clerk Planning Board Building Commissioner 1 � DECI SI ON: Map 030 Parcel 178 Residential -1 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 4 Sherburne Turnpike Plan Book 18, Page 74 Lot A At a Public Hearing of the Zoning Board of Appeals held on August 17, 1990, at 1:00 P.M. in the Town and County Building, Nantucket, on the Application of STUART W. AND PHYLLIS R. FREILICH, (042 -90), the following Decision was made: (4 Sherburne Tpk, Nantucket, MA) 1. Applicants sought a Special Permit under Section 139 -33A of the Zoning By -Law to allow construction of an addition to Applicants' existing non - conforming dwelling, extending the building line to the edge of an easement (shown as a "private way ") within the subject property, which would result in a zero side yard setback if the easement is considered a "street" under the definitions in the By -Law. The existing setback is 2.9 feet; 5 feet is required. 2. The hearing was opened at the July 13 session of the Board where a vote was taken, three in favor and two (Batas and Beale) opposed, on the plans presented. The matter was continued, however, to August 17, to allow Applicants an opportunity to explore othe- alternatives. During that time, viewings were taken and more submissions were made at the August hearing. 3. The present structure was built in 1973 and became non - conforming in 1974 with the change in the sideline setback requirement. 4. The "private way" shown on the plan serves only the premises and the rear abutter to the property. The abutter uses an approximately seven(7) foot wide rutted track along the easterly side of the "way" for access; the addition would abut the "way" on its westerly edge and there will continue to be in excess of five(5) feet between the rutted access track and the edge of the building, which is equivalent to the setback normally required in the zoning district. 5. There are a split rail fence and flagpole situated within the limits of the "way" between the proposed construction and the rutted access track, obstructing a portion of the "private way ". Both are more than five(5) feet from the proposed edge of the building, which is equivalent to the setback normally required in the district. 6. Because of the abutters' need of lot frontage, we are reluctant here to find that the way is not a "street ". 7. There was no public opposition to the requested relief and the Planning Board's recommendation was favorable with a secondary dwelling restriction. 8. The Applicants and the Historic District Commission explored alternatives to the proposed plan and determined that the present plan was the best possible one to accomplish the addition with the least detrimental effects. 9. The Board finds that the proposed expansion of the nonconforming structure will not be substantially more detrimental to the neighborhood than the existing nonconforming use in light of the noted-. character of the "way" in question. 10. The Board, by a concurring vote of four members, Mr. Beale abstaining, grants the Special Permit relief to permit construction of the addition upon the following conditions: A. no second dwelling will be permitted on the property; B. the addition be constructed in substantial compliance , with the plans resent to the Board. (Exhibit "A"CIT ' % t4? Dated: 13 ( a Linda F-. Wi iams_ /1 l William R. Sherman Peter Dooley aw l f Ann Balas �3 C. Marshall Beale V i A public hearing of the BOARD OF APPEALS will be held on Friday, July 13, 1990, at 1:00 P.M. in the Town and County Building, Federal and Broad Streets, Nantucket, Massachusetts, 02554, on the Application of STUART W. FREILICH and PHYLLIS R. FREILICH, ( O LI .1, -90), requesting a Special Permit under_ Section 139 -33.A to enable the construction of an addition to applicant's existing nonconforming dwelling, extending the building line to the edge of an easement ( shown as a "way" within the subject lot) resulting in zero side yard setback if this easement is construed as a "street" under the definitions of the zoning by -law. The existing sideyard setback from the private way is 2.9 feet; required setback is five feet. The premises are located at 4 Sherburne Turnpike, Assessor's Parcel 30 -178, Plan Book 18, Page 74, Lot A, and are zoned Residential -1. (dda /52 /Freil) William R. Sherman, Chairman Board Of Appeals BOA Form 1 -89 owner's name(s): Mailing address: Applicant's name: Mailing address: NANTUCKET ZONING BOARD OF APPEALS Date TOWN AND COUNTY BUILDING pa Da �r l NANTUCKET, MA 02554 CASE No .O"l ,--' G C� APPLICATION FOR RELIEF tuart W. Freilich and Phyllis R. Freilich C/o Reade & Al er Professional Corporation, 6 young's Way.,-Nantucket Massachusetts 02554 Same as above Location of lot: Assessor's map and parcel number 30 178 Street address • 4 Sherburne. Turn ike d- Gt —�1an, Plan Bk & Pg ^' -�i 18 -74 Lot A Date lot acquired: 5 19 86 Deed Ref 250;113 zoning district R -1 �1 - -,___/ -- — Uses on lot - commercial: None x or MCD? -- - number of: dwellings one duplex -- apartments -- rental rooms_ Building date(s) : all pre -8/72? yes or C of O ?_ Building Permit appl'n. Nos. Aonlicatio�� • - -� � ago Case Nos. all BOA applications, lawsuits: State fully all zoning relief sought and respective Codetsectionst and subsections, specifically what you propose P per Section and what grounds you urge for BOA to make each finding 139 -32A if Variance, 1.39 -30A xff if a Special f apiealaper1139 -3A11A us x if to alter Odecis on nonco OKltoaattachpaddendum2. & B attach Applicant requests a Special Permit under Section 139 -33.A. for the alteration of his existing nonconforming dwelling, constructed prior to the enactment of the zoning by- law, to construct an addition extending the building line to the edge of an easement (shown as a "way" within the subject lot on the Planning Board - endorsed plan referred to above), resulting in zero side yard setback if this easement is construed as a "street" under the definitions unda of of the zoning the way. side setback is 2.9 feet from t boundary Items enclosed as part of this Application: orderl- addendum2 I d x structures Locus map x Site plan x showing p IiDC approved?_) Floor. plans present proposed elevations ( parking data Listings lot area frontage setbacks x GCR p g Assessor - certified addressee ist 4 sets x ma ling 'cap' ovenants x 8200 fee payable to Town of Nantucket x proof, cap ?(If an appeal, ask Town Clerk to send Bldg Comr's record to BOA.) I certify tr rquested y and complete and nd t penalties of per'iry. _ Applicant Attorney /agent x SIGNATURE•