HomeMy WebLinkAbout081-88i
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NANTUCKET ZONING
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
August,36, 1988
File No. 081 -88
To: Parties in interest and others
Re: Decision in the Application of ELLEN S. FLAMM
REVOCABLE TRUST, ROBERT E. SCHLOSS, TRUSTEE
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
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.
cc: Building Commissioner
Planning Board
Town Clerk
r, A a-1 Ilf"I Z�a r7
C. Ma shall eale, airman
(Acting)
9.
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
At a public hearing on ft)vnday, August 8, 1988, at
Mk>p.m. in the Town and County Building, Nantucket, on
the Application (081 -88) of ELLEN S. FLAMM REVOCABLE
TRUST, ROBERT E. SCHLOSS, TRUSTEE, with an address of RR
#1, Northfield, Minnesota 55057, the Nantucket zoning
Board of Appeals made the following DECISION:
1. Applicant seeks a Special Permit under zoning Bylaw
Section 139 -33A to alter and extend a single - family
residential use and building by construction of a
single -story addition containing living and kitchen areas.
The premises are located at 43 Squam Road in Squam,
Assessor's Parcel 13 -024, Land Court Plan 13838 -H, Lot 22,
in the zoning District Limited Use General -2.
2. Our findings are based upon the Application papers, and
the "Construction Detail Plan" dated January 21, 1988 (our
Exhibit "A") received at our hearing along with testimony
and representations.
3. On the Exhibit "A" plan of Applicant's approximately
123,000 SF lot, the buildings are color -coded to show the
principal residential building (a single - family dwelling)
and detached bunkhouse, each pre- dating 1972 adoption of
zoning and uncolored; a 1981 addition to the bunkhouse,
colored pink; a 1982 addition- "to-the principal dwelling,
colored blue; and the proposed southerly addition, colored
green, to the 1981 bunkhouse addition. The prior additions
are said to conform with building permits validly issued
more than 6 years ago. The 1981 addition accommodated a
bedroom and bath, and the 1982 addition provided space for
main -house dining and new kitchen areas.
4. Between the pre -1972 buildings is a gap of about 5 feet
bridged, as shown on Exhibit "A ", by a walkway or like
structure. If the two buildings were regarded as principal
and secondary dwelling in accordance with current
interpretation of Bylaw Section 139- 7A(2), they would
support relief by Special Permit under Section 139 -33A as
pre- existing, nonconforming uses. The bunkhouse would then
constitute a single - family dwelling which, under the
statutory exemption, could be extended as a matter of
right, provided that did not increase the nonconforming
nature of the structure. The proposed addition would
extend the bunkhouse to the south without intruding into
the required 15 -foot southerly side lot line setback. With
the addition, ground cover would still be within the 4%
maximum allowed in LUG -2. After the proposed addition, the
enlarged footprint of that building will be more than 20%
I AV
greater than the principal dwelling's footprint. This
would meet the requirement of Section 139- 7A(2)(e).
Accordingly, it might be argued that the nonconforming
nature of the bunkhouse is not increased by the addition.
5. Since the proposed addition is to contain kitchen as
well as living areas, however, Applicant does not simply
rely upon the exemption but asks that we grant the
requested Special Permit. Applicant represents that the
bunkhouse has, since prior to zoning, been used only for
sleeping incidental to the residential use of the
principal dwelling, i.e., use by the same single
household. Use of the bunkhouse after the proposed
expansion will similarly be restricted. If the addition
were regarded as adding a new dwelling to the property,
the lot size is sufficiently in excess of 80,000 SF to
support on -site septic system under current health
regulations.
6. Applicant's Lot 22 does not, itself, pre -date zoning
but was created in 1983 upon Planning Board endorsement
"approval not required ". Creation of the lot did not
result in a zoning nonconformity, however, nor did it
deprive Applicant of 'grandfathered' status as to
pre- existing structures and uses.
7. The Planning Board's recommendation was unfavorable but
apparently made without benefit of hearing bringing out
factors unique to this case. In this light and absent any
neighborhood opposition, we find that,the proposed
addition would not be substant illy more detrimental to
the neighborhood but in reasonable harmony with the
general purpose and intent of the zoning chapter.
8. Accordingly, this Board by unanimous vote grants to
Applicant the requested Special Permit under Section
139 -33A to construct the proposed addition in substantial
conformity with the Exhibit "A" plan, on condition that no
further structural additions be made on the premises
without seeking further relief from this Board.
Dates August, 1988
rt Jo, Mdchter
Ann G,! Bala
F .v Dooley
NOTICE
A Public Hearing of the BOARD OF APPEALS will be held
on FRIDAY, AUGUST 5, 1988 at 3:30 p.m. in the TOWN AND COUNTY
BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Appli-
cation of ELLEN S. FLAMM REVOCABLE TRUST, ROBERT E. SCHLOSS,
TRUSTEE (081 -88) seeking a SPECIAL PERMIT under SECTION 139 -33A
to alter and extend a "bunk house" structure with sleeping
quarters only (no cooking or eating) as close as 5 feet from
their single- family dwelling and said to pre -date mid -1972
zoning, by constructing a kitchen /living space addition to the
east of the bunk house. The premises are located at 43 SQUAM
ROAD, Assessor's Parcel 13 -024, Land Court Plan 13838 -H, Lot
12, and zoned LIMITED USE GENERAL -I.
�r
William R, Sherman, Chairmanff
BOARD OF APPEALS
VAUGHAN, DALE AND PHILBRICK
July 15, 1988
BY HAND
Mr. William Sherman, Chairman
Board of Appeals
Town and County Building
Broad Street
Nantucket, Massachusetts 02554
RE: Application of Ellen Flamm
Dear Bill:
Enclosed is an application to the Board of,`Appeals
in connection with Ellen Flamm's property on Squam
Road. She is seeking a Special Permit to alter a
pre- existing non - conforming secondary dwelling. The
abutters list is not yet available, but we will
provide two sets of mailing labels as soon as possible
next week. The floor and elevation plans for the new
addition will be available at the public hearing.
If you have any questions in the meantime, please
call.
Sincerely,
11� � .
MDP /md
Enclosure:
cc: Ms. Ellen Flamm
Mr. Christopher Fraker
ATTORNEYS AT LAW
EDWARD FOLEY VAUGHAN
WHALER'S LANE
KEVIN F DALE
NANTUCKET, MASS 02554
MELISSA D. PHILBRICK
(617) 228 -4433
RACHEL G. HOBART
July 15, 1988
BY HAND
Mr. William Sherman, Chairman
Board of Appeals
Town and County Building
Broad Street
Nantucket, Massachusetts 02554
RE: Application of Ellen Flamm
Dear Bill:
Enclosed is an application to the Board of,`Appeals
in connection with Ellen Flamm's property on Squam
Road. She is seeking a Special Permit to alter a
pre- existing non - conforming secondary dwelling. The
abutters list is not yet available, but we will
provide two sets of mailing labels as soon as possible
next week. The floor and elevation plans for the new
addition will be available at the public hearing.
If you have any questions in the meantime, please
call.
Sincerely,
11� � .
MDP /md
Enclosure:
cc: Ms. Ellen Flamm
Mr. Christopher Fraker
WA Form 1 -87
APPLICATION
NANTUCKET 7.ONTNC BOARD OF APPEALS ( "BOA ")
No.; -ss_
()wner's name(s): Robert E. Schloss, Trustee of Ellen S. Flamm
Revocable Trust
Tailing address: RR #5, Northfield, Minnesota 55057
Appl i- cant's name _ Same - --
`palling address: Same _
I.ocation of lot(s): Assessor's map and parcel:--13-24
Street address 43 Squam Road
Registry LC PL, MA3&x&X �XXMXXKL 13838H Lot
12 Deed ref Cert. 10531
Subdivision 1983 Endorsed
/ - / ANR? X
Wite lot( s) acquired: 5 /18/ 83 Zoning cli strict
w G— S
Number of dwelling units on lot(s): 2 Rental
guest rooms None
Commercial use on lot(s): None
MCD?
Building date(s): all pre -'72 zoning? _ No _ 0r _
Building permit application Nos. and dates 1864 -81,
2411 -82 C of 07 partial
Case No(s). or dates all prior BOA applications: None
';tote fully all 'zoning relief sought together with all.
respective Code sections
and subsections, specifically, what you propose compared
with present and
what grounds you urge, for BOA to make each finding
per Section 139 -32A if
Variance, -3OA if Special Permit, -33A if to filter
or extend non - conforming
use, or to reverse Building Inspector by,,•AMpeal. per
-31A & B:
See attached sunnlement
I ;
h :nclosures forming part of Lhi.s Application: Supplement Go above X
SiLe /pilot plan(s) X wiLli 5E�1)1-01)0sed structures
Locus ntap _ X Floor hlan5 present/proposed Appeal record
Needed: areas; frontage setbacks __— CCR% parking data
Assessor's certified addressee list (4 sets) - Mailing -labels) (2.- .sets)`
Fee check for $150.00 payable Lo 'Town of Nantucket: — x "Cap" covenant
I certify that the requested information submi.Lted is substantially complete
and trua lie esZto my �Wl 1 e, uw �r pains and penalties of per-jury.;
';i gnature: L cant Attorney /Agent X
> slsa c , sq
If not owne _ _q 1,r* ):1514 fn 1' ;lilt by r,r,l ,. •1
SUPPLEMENT TO APPLICATION OF ELLEN FLAMM
There are presently 2 structures on the site, separated by
as little as 5 feet in some areas. The northern most structure
has always been a dwelling under the Zoning Code. The other
structure, containing only sleeping quarters with no eating
facilities, (the "bunkhouse "), was constructed prior to zoning
enlarged in 1981 pursuant to Building Permit No. 1864 -81 and not
considered a "dwelling" under the Zoning Code then in effect.
Therefore, the existing structures are validly grandfathered
with respect to the secondary dwelling requirements of Section
139 -7A(2) of the Zoning Code.
The applicant now seeks permission to add an addition to the
"bunkhouse" and therefore requests a Special Permit pursuant to
Section 139 -33A to alter this pre- existing non - conforming
structure. The purposed addition will comply with all other
aspects of the Zoning Code (ground cover, setbacks, etc.).