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.