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HomeMy WebLinkAbout003-910�3- 1: 7 1 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 March p�j�, 1991 To: Parties in interest and others concerned with the Decision of the Board of Appeals in Application No.: 003 - 91 of: MELINDA MARTIN Enclosed is the Decision of the Board of Appeals which has this day been filed with the Nantucket Town Clerk. This Decision. provides a Clarification (not a Modification) or authorizes a Temporary Permit under Zoning By -Law Section 139 -26H with no +. a-y !7n\ I- i a l. en VY' � .vj uay appeal per ivu rey uir ed. inda F. Williams ,Vice- Chairman. c^: :'own Clerk Planning Board Building Commissioner CLARIFICATION OF DECISION NO. 003 -91 The BOARD OF APPEALS at a Public Hearing held on Thursday, March 14, 1991, at 9:00 a.m. in the Town Bulding Annex, 10 South Beach Street, Nantucket, Massachusetts 02554 made the following clarification to the Decision on the application of MELINDA M. MARTIN (003 -91), dated February 8, 1991 and recorded as Document No. 52922 noted on Certificate of Title No. 13,863 at the Nantucket Registry District of the Land Court. After the Board of Appeals granted relief by unanimous vote which determined that the structure connecting the garage to the main dwelling on the premises is in sufficient compliance with the definition of "breezeway" as set forth in Section 139 -2A of the amended By -Law so as to allow the Applicant to create a secondary dwelling in the upper quarters of the garage and the additional relief by way of Special Permit relief to the extent necessary so as to allow the Applicant to obtain a duly issued Building Permit from the Nantucket Building Commissioner to go forward with the proposed construction and renovation, the Applicant, through her agents, requested the necessary Building Permits from the Nantucket Building Commissioner who expressed a concern about the specific groundcover ratio of the structures on the premises, including the garage, primary dwelling and structure connecting same. The Applicant reta.Lned the serVL of a professional surveyor to calculate precisely the ground cover of these structures and the surveyor determined that the garage and prii:►ary dwelling had a ground cover of almost thirty (30) percent. The structure connecting the two (2) buildings had a ground cover of seventy (70) square feet. This ground cover is in excess of the thirty (30) percent maximum ground cover allowed in this zoning district. The Building Commissioner took the position that a "breezeway" structure connecting a primary dwelling to a secondary dwelling is included in the definition of GROUND COVER RATIO set forth in Section 139 -2 of the amended By -Law and, therefore, the aggregate ground cover of the garage, "breezeway" and primary dwelling exceeded the allowable ground cover of thirty (30) percent. The BOARD notes that While ca "breezeway" Connecting a secondary dwelling to a primary dwelling does, in fact, constitute ground cover so as to be included in the definition of GROUND COVER RATIO set forth in the amended By -Law, the BOARD finds that the grant of Special Permit relief to the Applicant is sufficient to allow the proposed construction and renovation on the premises. Specifically, the BOARD finds that at the time the Building Permit issued for the buildings on December 5, 1984, Building Permit No. 3757 -84, the Zoning By -Law in effect at that time defined a "dwelling unit" as a "... room or Page One of Three enclosed floor space within a dwelling used or intended for use by one (1) family or household for living, sleeping, cooking and eating." (Emphasis supplied). Because the living quarters over the garage have never contained cooking facilities, this BOARD finds that such quarters did not constitute a "dwelling unit" at the time of the issuance of the 1984 Building Permit. The Zoning By -Law, however, was amended in April, 1985 so as to define a "dwelling unit" as "... a room or enclosed floor space with a dwelling used by, or forming a habitable unit for, one (1) family with facilities for living, sleeping, cooking or eating." (Emphasis supplied). Effectively, we find that the 1985 amendment to the definition of "dwelling unit" converted the living quarters over the garage to a pre- existing, non - conforming secondary dwelling unit which did not comply with all of the Zoning Code's requirements for secondary dwellings. Specifically, the owner did not obtain an endorsed plot plan showing property lines and locations of existing and proposed structures and the means of access to each from the Nantucket Planning Board as required by Section 139- 7A(2)(y) of the amended By -Law. In addition, while the structure connecting the garage to the primary dwelling neatly fits into the requirement that attached garages "... shall be connected to the principal dwelling by means of a breezeway, porch, deck or like structure" get forth in Cer,±-inn 11Q -73 (2) (h) of tic pri nr Ry -T.Aw, wa nni_a that Section 139 -7A(3) of the amended By -Law specifically requires that a secondary dwelling /garage apartment be attaches to the principal dwelling by a "breezeway" and no other structure. we find that the Nantucket Building Commissioner fairlv raised a legitimate question as to whether or not the structure connecting the garage and primary dwelling in this case constituted a "breezeway" and it was appropriate for the Applicant to seek a determination from this BOARD on this question. In summary, we find that the living quarters over the garage on tti' premises ctiti�te a pre- x1Sti�ng non -confv ►min^ ♦1e VV�lJ V1 Vll �v. �, +1 secondary dwelling unit, that�the structure Connecting the garage to the primary dwelling is in sufficient compliance with the definition of "breezeway" as set forth in Section 139 -2A of the amended By -Law, that the ground cover for this "breezeway" is in excess of the allowable around cover of thirty (30) perCAnt fnr th i c ?nn i n g ci i stri c_t � and th i c "non -r onfprmi ty'' -as to ground cover is a permissable expansion of ground cover ratio pursuant to this BOARD's grant of Special Permit relief in this case. In all other respects, our Decision in this case dated February 8, 1991 shall remain in full force and effect. �t a-AC& Z 5- / (?w Robert J. Leichter, Chairman Page Two of Three (003 -91) Dated: March A-5-,- 1991 C. 1 C. Marshall Bea nalP W- Waine Pane Three of Three 11 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: February g , 19 91 To: Parties in Interest and.Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 003 -91 Owner /Applicant: MELINDA MARTIN Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of the Nantucket Town Clerk. Ln A,,)-eal from this Decision may be taken pursuant to Section 17 of Chapter 40A, Yassachusetts General L=i•:S. :ny action appea14ng „ - ^-e 1'ecision i.ust b-m- 'Zroucht ^' ii�i::g an Cc >i ?ttil3i -:t _n co 11rL 'vrithin iti =N:Y this day's date. Notice of the action with a copy of the complaint and certified copy o= the Decision rust be of = -n to ..: kwn Cllerk .`So ao .o (�0) vayS. _'�ezabert -J. ei�hter,Chai rmnan cc: ToY:n Clerk Planning Board Building Commissioner DECISION: TOWN OF NANTUCKET BOARD 'bF APPEALS NANTUCKET, MASSACHUSETTS 02554 The BOARD OF APPEALS at a Public Hearing held on FRIDAY, JANUARY 18, 1991 at 1:00 P.M. in the Town and County Building, Federal and-Broad Streets, Nantucket, made the following Decision on the Application of MELINDA M. MARTIN (003 -91) with an address of 19 Brookside Boulevard, West Hartford, CT 06107: 1. The Applicant seeks a determination that the structure linking the garage to the house on her property is a "breezeway" as defined in Section 139 -2 of the By -Law and that the current use of the garage is a conforming use under Section 139- 7(A)(2) and (3) (secondary dwelling). Alternately, in the event that the Board finds that the present use of the garage is non - conforming, the Applicant requests a SPECIAL PERMIT under SECTION 139 -33A of the By -Law to allow alteration and /or expansion of that use to create a secondary dwelling in the living space over the garage. Finally, the Applicant requests a VARIANCE from the requirements of SECTION 139- 7(A)(2)(b) to permit the proposed expansion of the garage into a secondary dwelling and to construct a dormer on same. The Premises are located at 50 WALSH STREET, Assessor's Map 29, Parcel 100, Land Court Plan 15800 Lot 11 and zoned RESIDENTIAL -1. 2. Our findings are based upon the Application papers, correspondence, plans, representations and testimony received at our hearing on January 18, 1991. The subject premises include approximately 5,924 square feet and the garage on the property was constructed in 1984 pursuant to a duly issued Building Permit. The Certificate of Occupancy for the garage issued on June 18, 1985, and said Certificate reflects the notation "garage with sleeping quarters ". The lot and the structures thereon are said to comply wit- the Nantucket Zoning By -Law, and we find that the existing link of garage to the main dwelling sufficiently complies with the definition of "breezeway" as set forth in Section 139 -2(A). A porch across a house facade is extended to connect with the garage, consists of a single- story, roofed passageway with a length greater than 12 -feet and a width no greater than eight feet. We find further that the proposed dormer will be constructed within the current footprint of the house and will create no zoning non - conformities and, therefore, the construction of the dormer is allowed as a matter of right. We note as a technical matter that the Applicant needs to obtain secondary dwelling approval from the Nantucket Planning Board (not needed at the r time the garage was constructed in 1984). Up until now, the living space over the garage would be deemed a conforming use accessory to the primary dwelling. We note further that the amended By -Law makes such an accessory use a "permitted use" by provisions of Section 139 -15. To the extent that it is necessary, we find that the proposed construction of a kitchen in the living area over the garage and construction of the proposed dormer will not be substantially more detrimental to the neighborhood than the existing uses and structures on the Premises, and, to the extent necessary, the Applicant is granted relief by Special Permit. Our intention is to provide the Applicant with a determination and full relief, to allow the Applicant to obtain a Building Permit from the Nantucket Building Commissioner to install a kitchen in the living area over the garage on the Premises and to construct a dormer on the garage in accordance with the plans filed by the Applicant with this Application, and we specifically find that this proposed construction and renovation the garage will require no additional zoning relief for the Premises. 3. For the reasons set forth herein, the Board, by UNANIMOUS vote, hereby determines that the structure connecting the garage to the main dwelling on the Premises is in sufficient compliance with the definition of "breezeway" as set forth in Section 139 -2A of the amended By -Law so as to allow the Applicant to create a secondary dwelling in the upper quarters of the garage under Section 139 -7( )(3) of the amended By -Law, and, to relieve any doubt, hereby GRANTS the requested SPECIAL PERMIT to the extent necessary so as to allow the Applicant to obtain a duly issued Building Permit from the Nantucket Building Commissioner to go forward with the proposed construction and renovation (and by UNANIMOUS vote hereby DENIES the requested VARIANCE from the requirements of Section 139- 7(A)(2)(b), 12 -foot separation of secondary dwelling requirement as unneeded), on the condition that the Applicant fully comply with Section 139 -7A(3) by obtaining a secondary dwelling approval from the Nantucket Planning Board prior to the installation of the kitchen in the upstairs garage premises and that the project be constructed in substantial accordance with the plans as filed. aged: Feb-.ua�y 9 -, 1991 rt J. eithter LI.11da _F. Williams C. Ma shall Be le William R. Sherman Dale W. Waine r I TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, JANUARY 18, -1991 at 1:00 P.M: irr.the Town and County Building, Federal and Broad Streets,_ Nantucket, on the Application of: MELINDA MARTIN Board of Appeals File No.: 003 -91 Applicant is seeking to add a kitchen and dormer to the second floor living space over a garage which was constructed under a 1984 Building Permit which allowed use of the structure as living quarters without a kitchen. Applicant seeks a determination that the structure linking the garage with the house is a "breezeway" as defined in Section 139 -2 of the Zoning By -Law, and that the use of the garage as at present is a conforming use under Section 139- 7(A)(2) and (3) (Permitted uses, secondary dwelling). In the alternative, if the Board does not find that the present use of the building is conforming, but was rendered non - conforming due to the change in the definition of "Dwelling" made in 1985, Applicant requests a SPECIAL PERMIT under SECTION 139 -33A (Pre - existing, non - conforming uses, structures and lots) to allow alteration or expansion of that use as proposed. In the alternative, if the Board finds that the use is conforming as an "Accessory Use" as defined in Section 139 -2, but that the connecting structure is not a "Breezeway ", Applicant requests a VARIANCE from the requirements of SECTION 139- 7(A)(2)(b) (Twelve foot separation of secondary dwellings) to permit the addition of the kitchen and ormer as proposed. The premises are located at 50 WALSH STREET, Assessor's Map 29, Parcel 100, Land Court Plan 15,800G, Lot 11, and zoned RESIDENTIAL -1. 4 BoA Form.1 -89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 CASE No-�-?-( FOR RELIIIEF Owner's name(s): MELI KM A A A�Ti r l Mailing address: lot 6 k h84-Si - bi a • �� Flo Applicant's name: o.Ca Mailing address: d0W Location of lot: Assessor's map and parcel number ✓ - k22 Street address: U00 J-NA V li 590MT' Registry Land Ct Plan, Plan Bk & Pg or Plan File 6;t6W& Lot—W- Date lot acquired: jam,_(_/ r' Deed Ref I3,404 Zoning district 1Z -1 Uses on lot - commercial: None 3!C or EKSJn. MCD ?_ - number of: dwellings_ duplex_ apartments_ rental rooms_ Building date(s) all pre -8/72? _ or Building Permit appl In. Nos. x'15 1 -84 fl�� C�;- � Case Nos. all BoA applications, lawsuits: C of 0 ?�57,$15- State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose compared to present and what grounds you urge for BoA to make each finding per Section 139 -32A if Variance, 139-30A if a Special Permit (and 139 -33A if to alter or extend a nonconforming use). If appeal per 139 -31A & B _ , attach decision or order appealed. OK to attach addendum . SEE ATTACHED ADDENDUM Items enclose as part of this Application: orderl addendum2 Locus mapvSite plan_ showing presenter +planned - structures Floor plans present proposed_ elevations (HDC aapproved ?_) Listings lot area_�frontage ✓setbacks GCR ✓ parking data Assessor - certified addressee Mist 4 sets ma�l ni g labels 2 sett Si200 fee payable to Town of Nantucket proof 'cap' covenant (If an appeal, ask Town Clerk to sen Bldg Comr record to BoA.) I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE • Ili A � L h .-ice : Applicant < Attorney /agent 3(If not owner or owner's attorney, enclose proof of authority) FOR Bo}�, OFFICE USE Application copies reed: 4 �/ or_ for BoA on �. �� by One copy filed with Town Clerk on�4 by­ � complete? one copy each to Planning Bd and Building Dept 6 7U by $200 fee check given Town Treasurer oni. by//-22 ��jj��waived� ?�)_ Hearing notice posted�� mailed &��I & M.Z -/3j ., �/L7 Hearing(s) on _/__/_ cont'd to--/_J_, ��_ withdrawn ? _/_—/_ Decision due by_/__/_ made _/_ filed TC__/__/_ mailed _/_ See related cases lawsuits other ADDENDUM TO APPLICATION FOR RELIEF FOR MELINDA MARTIN 50 Walsh Street, Nantucket The Applicant proposes to add a kitchen and a dormer to the second floor living space over the garage located on the property. The existing use of the Premises is as sleeping quarters without kitchen facilities. The garage was constructed in 1984 pursuant to a building permit, the Certificate of Occupancy for which is attached as an Exhibit hereto. At the time the garage was constructed the living quarters did not constitute a secondary dwelling but rather an accessory "bunk house" use permitted under the Zoning Code because it did not contain "facilities for living, sleeping, cooking and eating." In 1985 the definition of "dwelling" was amended so that it read "a structure used or intended to be used by one family or a household for living, sleeping, cooking or eating." If the garage with sleeping quarters is instead treated as a valid (i.e.) conforming assessory use as a bunk house, then the addition of a kitchen would require a variance from the 12 foot separation requirement of current zoning unless there is a finding that the structure linking the garage to the house constitutes a "breezeway" under the current Code. This structure is a roofed passageway and does connect the two buildings. It is a single story and not a bridge and has a length of 17 feet and a maximum width of 5 feet. It is thus the Applicant's contention that, if the pre- existing use is found to be conforming then no relief is necessary based on the presence of a "breezeway ". If the Board finds that the current use is conforming and that the connecting structure is not a breezeway under the Code, then the Applicant requests a variance given the unique configuration of these structures on her lot and significant hardship caused by the changing definitions under the Zoning Code. It can also be argued that this change in the Zoning Code's definition of dwelling creates a pre- existing non - conforming secondary dwelling in that the garage with sleeping quarters does not conform to all of the Code's requirements for secondary dwellings. Namely, a plan was not submitted to the Planning Board for review with respect to ',the means of access. The garage is attached to the principal dwelling by a roofed structure with trellis that complied with the exception to the 12 foot separation rule set forth in Section 139- 7.A.(3)(b). If the pre- existing non - conforming use is found to have become a non - conforming one due to the 1985 change in the definition of dwelling, then Applicant requests a Special Permit under Section 33A to allow the installation of a kitchen and the dormer to this validly pre- existing non - conforming use. The addition of a kitchen will not be substantially more detrimental to the neighborhood than the existing structure which is lawfully used as sleeping quarters already. Accordingly, Applicant requests relief from the Board in the alternative by Variance or Special Permit, whichever is applicable, to allow the installation of a kitchen and the addition of a dormer to the garage with sleeping quarters situated at 50 Walsh Street. 4 and #60addendum TOWN OF NANTUCKET, MASS. Certificate of OCCUpenoy No. 3757 -85 This certifies that the...... ,Structure .. ...... . ........ . • located at No. Street ..... ........................ Zone.. A-A............... conforms substantially to the ! lot plan and detailed statements for which Building Permit No........ iS 7 :84 ... , .. . , . w i DecS, ................... 84 19 ... I .. . Nantucket i i This certificate therefore is issued to . Alex Von, Sumner , .... , ... • ............. Garage with sleepir. use said premises or building or part thereof for the following purpose ........................ quarters. ........................................................... ............................... .. . ... .... ... • • .. . . . .. ....... . ... . 1 ♦ . . i . ... .. . . .... . . . . .. . . . . . ... . .. . . ... ... .. . . . . . . ... ... ............ .. ..... . .. .. ............. • • . • .. .. ... .. . . , . . . . . .... . .. . . . .. . . . . .. . . . . subject to and in aeooTdanoe with all the provisions of the Zoning By -Law of the Town of Nantuckee June 18, 1985 Dated... ..... Building InsT z a"r