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HomeMy WebLinkAbout081-88i t r I- r i � l 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.).