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
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