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HomeMy WebLinkAbout044-89I TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 0 September 7 , 198 9 File No. 044 -89 To: Parties in interest and others Re: Decision in the Application of DAVID AND KATHLEEN ATWOOD 4 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. William R. Sherman, Chairman cc: Building Commissioner Planning Board Town Clerk BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a public hearing held on FRIDAY, AUGUST , 1989, at 1:00 PM, in the Town and County Building, Federal and Broad Streets, Nantucket, made the following decision upon the Application of David and Kathleen Atwood (044 -89) c/o Glidden & Glidden, P.C., 37 Centre Street, Nantucket, MA 02554. 1. Applicant sought a VARIANCE pursuant to 139 -32A from the provisions of 139- 7A(3) (b) which require that a secondary dwelling, in this case a studio apartment, which is to be over an attached garage, be connected to the principal dwelling by a "Breezeway," as that term is defined by the Nantucket Zoning By -law. The relief sought would vary the terms of the By -law by allowing the connection between dwellings to be made by a breezeway, using that term in the common and general sense, which does not conform to the defined "length" and "width" requirements under the By -law. No other relief is requested, and the proposed secondary dwelling and structures are said to conform in all other respects to the requirements of zoning. 2. The locus is situated at 45 Boulevarde', Surfside, Nantucket, Massachusetts. It is shown as Lots 1 -9, inclusive, on a Plan recorded at Plan Book 2, Page 61, at the Nantucket Registry of Deeds, and it is Assessors Parcel 213 on Map 80. The locus contains approximately 26,014 SF of area, and it is represented as a lot of record in the LUG -2 zoning district. The principal dwelling and garage (including the shell for the studio apartment) have been constructed and a Certificate of Occupancy has issued for the existing structures and use. 3. Our findings are based upon the application papers, plans accompanying the application, as well as, plans, copies, representations and testimony presented at the aforesaid hearing. 4. In support of Applicants' request for VARIANCE under 139- 32, we find, as follows: A. owing to circumstances relating to soil conditions, shape, and /or . topography, but not affecting the zone generally, strict application of the defined dimensions of a "Breezeway" through Section 139- 7A(3) (b) for the secondary dwelling proposed in this case will work a substantial hardship, financial or otherwise: on the Applicants. Applicants purchased this property in 1987. The lot was buildable for both a primary and secondary dwelling under the Nantucket Zoning By -law. The Applicant proceeded with a two-stage project to construct a primary dwelling with an attached garage having a studio apartment above the garage. The plans were drawn by an off - island company. The plans were designed and drawn with a breezeway connecting the two structures. The breezeway was dimensioned with a length of only eight feet (8'), as measured between the buildings. The plans have been approved by the Nantucket Historic Districts Commission. Applicants also engaged a surveyor to plot the house, garage and breezeway for purposes of obtaining approval from the Nantucket Planning Board for the secondary dwelling. A plan drawn to scale showing the house as designed was submitted to the Planning Board, and it was approved. Applicants constructed the house, garage, and breezeway in accordance with the plans and a validly issued building permit. After completion of the shell of the house, garge and breezeway, the issue of the dimensions of the breezeway for purposes of an attached secondary dwelling arose. After discussions with the Building Department personnel, Applicants brought this request to the Board. Because of the existing ground cover, a third structure ' cannot be put on the property. In order, therefore, to complete the secondary dwelling, the garage must- e -i-ther be moved four (4) additional feet away from the primary dwelling, the length of the breezeway extended and the width�of the breezeway reduced. Insofar as the requested studio apartment has only an approximate area of 340 SF, we find such a burden to be manifestly unjust, given the demonstation of good faith that the Applicant has shown and the Q j ambiguity of our own By -law. The By -law defines "Breezeway" as having ,a "width" of eight feet (81) and `a . "length" of twelve feet (121). The By -law, however, does not each dimension should be measured in Astter$ow relr'ation to the proposed dwellings which it separates. The Building Commissioner interprets this definition as requiring at least a 12 -foot "length" as measured from dwelling to dwelling /garage. While Applicant does not here challenge this determination, we support the Building Commissioner's interpretation. His interpretation is consistent with the 12 -foot setback which is required for detached secondary dwellings. B. Our granting relief hereby will not derogate from the intent and purpose of the Zoning By -law, and it will not cause detriment to the public good. The connecting of dwellings to garage apartments has at least three (3) identifiable infests with which this Board must concern itself in granting relief." They are aethetics, fire and safety, and access. As for aethetics, the only real consideration is one of siting of a secondary dwelling in relation to the primary dwelling. In the instant case we have an attached garage and need not concern ourselves with the Town's desire to stagger dwellings on the same lot. We are comfortable here in relying upon the Historic District Commission's expertise and approval of the structures, and on the Planning Board's approval of their siting. As for fire and safety, it has been represented to us that the proposed structures will comply in all respects with the current Building and Fire Codes for the Commonwe'lth and Nantucket. As for access, this question is properly in the domain of the Nantucket Planning Board, and Applicants received its approval on or about November 15, 1988. Therefore, in light of these circumstances and considerations, and the Applicants' obvious cooperation with the permit- granting authorities of this Town, we do not believe that the public good will be furthered by denial of relief. 4. Upon a motion duly made and seconded, this Board voted FOUR (4) in favor (R. Leichter, D. Waine, L. Williams, M. O'Mara) and ONE (1) opposed (W. Sherman) to GRANT the requested relief by VARIANCE from the provisions of 139- 7(3)(b) to allow the construction and use of a secondary dwelling above the existing garage attached to the existing principal dwelling, notwithstanding their being attached by a breezeway having a "length" of 8 feet and a "width" of 14 feet. dated: / / ( ` " / M OPPOSED: NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 August 3, 1989 NOTICE A public hearing of the Board of Appeals will be held on Friday, August 18, 1989, at 1:00 p.m. in the Town and County Building, Nantucket, on the Application of: DAVID and KATHLEEN ATWOOD Board of Appeals File No. 0 1J�-89 seeking a Variance from Section 139- 7A(3)(b) to allow a secondary dwelling (a studio apartment) over an attached garage connected to the principal dwelling by means of an existing "breezeway ". "Breezeway" is defined as having a maximum width of 8 feet and minimum length of 12 feet, but the existing breezeway is said or shown to be only 8 feet long but 14 feet wide. The premises are at 45 Boulevarde, Surfside, Assessor's Parcel 80 -213 or 213.1, Plan Book 2, Page 61, Lots 1 -9, zoned Limited Use General -2. l -a -�-- w,,✓ William R. Sherman, Chairman BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 APPLICATION FOR RELIEF 0 owner's name(s): Mailing address: Applicant's name: Mailing address: Date CASE No o�q David and Kathleen Atwood Nantucket, c/0 Glidden and Glidden, P.C., 37 Centre Street, MA 02554 David and Kathleen Atwood Same Location of lot: Assessor's map and parcel number Street address: 45 Boulevard 80 213 Registry 1M AH-X)kWA, Plan Bk & Pg or Mi(W I)k PB 2, PG 61 Lots 1 -9 7 31 87 283 84 Zoning district LUG - II Date lot acquired: �_/_ Deed Ref _,' Uses on lot - commercial: None X or MCD? Proposed - number of: dwellings 2 duplex apartments rental rooms Building date(s): all pre -8/72? or 1989 C of O? 6537 -89 Building Permit appl'n. Nos. 6537 -88 Case Nos. all BoA applications, lawsuits: State fully all zoning relief sought and respective Code sections resent and subsections, specifically what you propose compared per to Section and what grounds you urge for BoA to make each finding p 139 -32A X if Variance, 139 -30A if a Special Permit (and 139-33A 3�A if to alter or extend a noncon oap ealed.6Kltoaattachpaddendum . & B , attach decision or order app See attached addendum Items enclosed as part of this Application: orderl addendum2 Locus map x Site plan x showing present— +plannedx structure) Floor plans presenter proposed_ elevations �. (HDC data Listings lot area frontage setbacks X GCR parking Assessor - certified addressee ist 4 sets ma�ling labels sets A200 fee payable to Town of Nantucket proof 'cap' (If an appeal, ask Town Clerk to senU Bldg Comr's record to BoA.) I certify that the requested information submittedeistsubstantially complete and true to th best of my knowledge, penalties of p jury. SIGNATURE: Applicant Attorney /agent 3(If not(.bwner or64n er's attorney, enclose proof of authority) ADDENDUM Applicant seeks relief by Variance from the dimensional requirements of a "Breezeway" as defined by 139 -2 of the by -law for purposes of satisfying the conditions of 139 -7 (3) (b) for a secondary dwelling over an existing attached garage. If granted, the Applicant will be allowed to construct and to use a studio apartment over their existing garage which is attached to their principal dwelling.by a connecting breezeway that is 12 feet wide by 8 feet long, as determined by the Building Inspector. The By -law allows any secondary dwelling in this zone which is attached by a "Breezeway ", defined as being 12 feet long by 8 feet wide. The resulting premises will continue to comply with the requirements for setbacks, ground cover ratio, and off - street parking will be provided for both dwellings on site.