HomeMy WebLinkAbout112-93TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
June c� () , 1994
To: Parties in interest and others
concerned with the Decision of the
12 =93
Board of Appeals in Application No.: 1__
of: DAVID B. AND ANN L. WIGGINS
Enclosed is the Decision of the Board of Appeals which has this
ecision
day been filed with the NanOtcaeModification) or1au Dhorizes a
provides a Clarificatio n (
Permit under Zoning By -Law Section 139 -26H with no
Temporary
twenty (20) day appeal p eriod required.
cc: Town Clerk
Planning Board
Building Commissioner
i")- - ��3
Dale W. Waine Chairman
Map 55.1.4
Parcels 102 and 56
ROH District
5 York Street
Deed Book 390,
Page 247
NANTUCKET ZONING BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS
CLARIFICATION OF DECISION:
The Board of Appeals at a Public Hearing held on Friday,
December 3, 1994, at 1:00 p.m. in the Town and County Building,
Nantucket, Massachusetts made the following Clarification of a
Special Permit Decision (112 -93) issued to David B. and Ann L.
Wiggins, of Hale Road, Tilton, New Hampshire, 03276.
1. On January 14, 1994, the Board granted the applicants a
Special Permit under Section 139 -33A of the By -Law to convert an
existing accessory structure on the Applicant's property at 5 York
Street into habitable dwelling space and to construct an addition
which would link this accessory structure to the primary dwelling
on the premises. This grant of Special Permit relief was subject tc
some conditions, including a condition that "all accessory
apartment requirements of Section 139 -7C will be met." At the time
cf_ the initial hearing, it was clear tc the Board that thr:
applicants did not wish to convert the accessory structure to an
accessory apartment as defined in Section 139 -7C of the By -law
because this section of the By -law requires that the use of an
accessory apartment is limited to year round occupancy and an
accessory apartment may not be offered for nor used for
seasonal occupancy." The applicants intend to use the newly created
habitable space on a seasonal basis. Accordingly, the Board hereby
clarifies its prior Special Permit decision in this case by
deleting condition (c) on Page 4 of the Decision which states "(c)
all accessory apartment requirements of Section 139 -7C will be
met ", and by substituting therefor the following:
(c) Unit Size. The design, installation and use of the
habitable space shall be secondary and incidental to the
principal use of the structure as the owner's home. The gross
floor area of this space shall not be less that three hundred
(300) square feet, nor shall it be more than eight hundred
(800) square feet or forty perceint (40o) of the gross floor
area, including the basement, of the principal structure
within which the unit is installed, whichever is the lessor.
(d) Interior Design. The habitable space shall be self -
contained with separate sleeping, cooking and sanitary
facilities for the exclusive use of the occupant. There shall
be a maximum of two (2) bedrooms in this space. Rooms which
might be converted at some future time to a bedroom, such as
studies, studios, libraries and the like, shall be counted as
bedrooms.
(e) Exterior Design. Modifications to the exterior of the
existing principal structure resulting from the installation
of this habitable space shall be consistent with the principal
structure's predominant character as a single - family home.
(f) Parking. One (1) off - street parking space shall be
provided for the habitable space in addition to any other off -
street parking requirement.
(g) Ownership. The entire structure in which the habitable
space is installed shall be held in the same ownership.
In addition, the newly created habitable space may be used on
a seasonal basis and the Board hereby directs the Nantucket
Building Commissioner to issue a Building Permit to the Applicants
for the proposed conversion of this accessory structure into
habitable space as set forth in our original special permit
decision, as clarified by this decision.
Dated: June 1994
RECEIVED
TOWN CLERK'S OFFICE
NANTUCKET. MA
JUN 20 1994
- 33ur�.
'Dale W. Waine <
4 A A I ag:�'
Li a F. Wi liams
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: January 14 , 1994
To: Parties in Interest and Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.:
Owner /Applicant:
112 -93
DAVID B. AND ANN L. WIGGINS
Enclosed is the Decision of the BOARD OF APPEALS which has
this day been filed in the office of 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 an complaint in court within TWENTY (20) days after
this day's 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.
6) ^`
J
Dale W. Waine Chairman
cc: Town Clerk
Planning Board
Building Commissioner
Map 55.1.4
Parcels 102 and 56
ROH District
5 York Street
Deed Book 390,
Page 247
NANTUCKET ZONING BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS
DECISION:
The Board of Appeals at a Public Hearing held on Friday,
December 10, 1993, at 12:00_P..M. in the Town and County Building,
Nantucket, Massachusetts made the following Decision on the
application (112 -93) of David B. and Ann L. Wiggins, of Hale Road,
Tilton, New Hampshire 03276.
1. Applicants seek a Special Permit under Nantucket Zoning
By -Law Section 139 -33A to convert an existing accessory structure
into a secondary dwelling. The structure is located within 2 feet
of the side lot line and within 3 feet of the rear lot line in a
district that requires a 5 foot side and rear yard setback. The
lot is 4,300+ in a district that. requires. a 5,000 square foot
minimum lot size. The lot and the existing structure are said to
pre -date the Nantucket Zoning By -Law. There will be no exterior
expansion of the structure. Alternatively, Applicants seek a
Special Permit under Nantucket Zoning By -Law Section 139 -33A in
order to build an addition that would connect the primary dwelling
with the accessory structure. The dwelling and accessory
structures are located 3+ feet from the rear yard lot line in a
district that requires a 5 foot rear yard setback and are said to
(112 -93) -2-
be pre- existing non - conforming structures. The addition will be
built 3+ feet away from the rear yard lot line. The addition would
be 80+ square feet and would bring the total ground cover from
1,118+ square feet, or 26 %, to 1,198+ square feet or 27.8% in this
district that allows a maximum ground cover ratio of 50 %. The
premises are located at 5 YORK STREET, Assessor's Map 57.1.4,
Parcels 102 and 56. The property is zoned RESIDENTIAL -OLD
HISTORIC.
2. Our findings are based upon the application papers, plans,
and representations and testimony received at the Hearing on
December 10, 1993. A letter supporting the project from an abutter
was read. No Planning Board recommendation was made.
3. The applicants submit that the accessory structure has
been used for seasonal sleeping quarters, without plumbing or
eating facilities, since prior to the implementation of zoning, and
that as such it is grandfathered from the twelve foot separation
required between primary and secondary dwelling units under the
current Zoning By- Lair... The structures are approximately 6 feet
apart rather than the 12 foot separation required by the current
Zoning By -Law. If found to be a grandfathered secondary dwelling,
then the alteration of the structure to include eating and
sanitation facilities would require a finding as to whether it was
an intensification of the pre- existing non - conformity, and if so,
then a Special Permit based on a finding that this change in use is
not substantially more detrimental to the neighborhood. However,
the Board does not find that such a "bunk house" constitutes a
- ('112 -93)
-3-
validly grandfathered secondary dwelling. Accordingly, the
Applicants' request to withdraw their Application for the simple
conversion of the structure was allowed by the Board, by a
unanimous vote.
4. In the alternative, the Applicants seek to convert the
accessory structure into an accessory apartment under Section 139 -
7C of the Nantucket Zoning By -Law connecting the structure to
the main house with an addition substantially as shown in the plan
attached as Exhibit A. This project requires a determination as to
whether the conversion of the existing accessory structure within
the setback and the construction of the connection between the
accessory structure and the main house within the setback are an
intensification of the pre- existing non - conformities. The Board,
by unanimous vote, hereby finds that such a project is an
intensification of the existing non - conformities.
5. Applicants represented that there will be no violation
of the ground cover requirements on this undersized lot of 4300
S.F in a district that requires 5,000 S.F. with the addition of
the 80+ S.F addition. The addition will also be no higher at its
ridge point, than the existing garage structure and will be a one
story addition. Applicants further represent that there will be no
further encroachment into the rear yard setback then the existing
structures which at their closest points are 3+ feet from the lot
line. Applicants will provide two parking spaces that will meet
code requirements and will be situated side by side. The proposed
alterations have Historic District Commission approval with
Certificate of Appropriateness 25,133.
6. Accordingly, by a unanimous vote, the Board hereby
GRANTS the requested relief by Special Permit under Section
(112 -93)
139 -33A to allow the conversion of the existing accessory
structure into a habitable dwelling unit space and the
construction of an addition which links the accessory structure to
the main house in the area shown on Exhibit A within the side yard
setback but no closer than the existing structures on the following
conditions: _
(a) The addition would be single story in height,
no higher than the existing garage roof;
(b) Two (2) parking spaces will be provided in
accordance with code requirements; and
(c)
139 -7C will be met.
All accessory apartment requirements of Section
Dated: January I , 1994
RECEIVED
TOWN CLERK'S OFFICE
NANTUCKET, MA 02554
Dale W. Waine
Linda F. Williams
Ann Bala
Robert Lei r
Michael ra
Zoning Board of Appeals
South Beach Street
Nantucket, Mass. 02554
NOTICE
A Public Hearing of the ZONING BOARD OF APPEALS will be held
at 12:00 P.M., Friday, December 10, 1993, in the Town and County
Building, Broad Street, Nantucket, Massachusetts, on the
Application of:
DAVID B. AND ANN L. WIGGINGS
Board of Appeals File No. 112 -93
Applicants seek a Special Permit under Nantucket Zoning By -Law
§139 -33A to convert an existing accessory structure into a
secondary dwelling. The structure is located within 2 feet of the
side lot line and within 3 feet of the rear lot line in a district
that requires a 5 foot side and rear yard setback. The lot is
4,300± square feet in a district that requires a 5000 square foot
minimum lot size. The lot and existing structure are said to
predate the Nantucket Zoning By -Law. There will be no exterior
expansion of the structure. Alternatively, Applicant seeks a
Special Permit under Nantucket Zoning By -Law §139 -33A in order to
build an addition that would connect the primary dwelling with the
accessory structure. The dwelling and accessory structures are
located 3± feet from the rear yard lot line in a district that
requires a 5 foot rear yard setback and are said to be preexisting
nonconforming structures. The addition would be built 3± feet away
from the rear yard lot line. The addition would be 80± square feet
and would bring the total ground cover from 1,118± square feet, or
26 %, to 1,198± square feet, or 27.8% in this district that allows
a maximum ground cover ratio of 50 %.
The premises are located at 5 YORK STREET, Assessor's map 55.1.4,
parcels 102 and 56. The property is zoned RESIDENTIAL-OLD-
HISTORIC.
Dale W. Waine, Chairman
THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. FOR ASSISTANCE CALL
(508) 228 -7215.
BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING 'Date
NANTUCKET, MA 02554
CASE No' -
APPLICATION FOR RELIEF
Owner's name(s): David B. and Ann'L. Wiggins
Mailing address: P.O.Box 420, Hale Road, Tilton, NH 03276
Applicant's name: same
Mailing address: same
Location of lot: Assessor's map and parcel number 55.1.4- 102 and 56
Street address: 5 York Street
Registry Land Ct Plan, Plan Bk & Pg or Plan File none Lot
Date lot acquired: _LJ_L/ 92 Deed Ref 390,247 Zoning district ROH
Uses on lot - commercial: None x or MCD ?_
- number of: dwellings 1 duplex_ apartments_ rental rooms_
Building date(s): all pre -8/72? yes or C of 0 ?_
Building Permit appl'n. Nos. 9506 -92 (shingle permit)
Case Nos. all BoA applications, lawsuits: none
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 x if a Special Permit (and 139 -33A
X if to alter or extend a nonconforming use). If appeal per 139 -3JA
& B _ , attach decision or order appealed. OK to attach addendum .
The Applicant is seeking to convert an existing accessory structure into
a secondary dwelling. The lot is undersized and the structure is situated
within 2 feet of the side lot line and 3 feet of the rear for line.
There will be no exterior expansion of the structure, but the conversion
will result in a substantial renovation and restoration of the building.
Both the lot and the existing structurekpredate the Nantucket Zoning Code,
and therefore relief under Section 139 -33A is appropriate. Given the
resulting restoration of the structure, will be less detrimental to the
neighborhood than the existing structure and uses.
Items enclosed as part of this Application: orderl addendum2
Locus map Site planx showing present, +planned "structures
Floor plans present proposed elevations x (HDC.aVproved ?�
Listings lot area x frontage setbacks x GCR x parking data
"r
Mist 4 sets x mailing label¢ 2 sets x
1200 fee payable..to_. -Town of Nantucket x proof- - 'cap' d6venant —
(If an appeal, ask Town Clerk to send Bldg Comr record to BoA7F
I certify that the requested information submitted is substantially
complete and true, to the best of my knowledge, under the pains and
peAalties of erjury.
SIGNATURE: ,Afl1i/ �/ ,f�r�,T� Applicant Attorney /agent x W
Melissa D. Philbrick, attorney for David B. and Ann L. Wiggins U LO
3(If not owner or owner's attorney, enclose proof of authority) -- U')
LL p _
FOR BoA OFFICE USE C Q Cn +
al W (A
Application copies rec d: 4_ or foQr;LB�ooA on f��by / > Y a�
One copy filed with Town Clerk orJ -L�"y complete? V V W W
�� ) W -1 U
One copy each to Planning Bd and Building Dept / bjLp — U 0 O
$200 fee check given Town Treasurer on_/_/0 by waived ?_ Z
Hearing notice poste a11e I & M A� z W
Hearings) on =/_/_ cont'd to —/_/_, ��_ withdrawn?--/—/— �v
Decision due bye_/_ made_/_ filed TC_/�_ mailed_/_
See related cases lawsuits other
VAUGHAN, DALE AND PHEi BRICK
November 17, 1993
Mr. Peter Kyburg,
Administrator
Zoning Board of Appeals
South Beach Street Annex
10 Beach Street
Nantucket, Massachusetts 02554
Re: Application of David B. Wiggins - 5 York Street
Dear Peter:
This letter is a supplement to my application on behalf of the
Wiggins in connection with their property at 5 York Street which
more fully describes the existing conditions and the relief
requested so that your Public Notice can be more informative.
The existing uses on the property are a single - family dwelling
and an accessory structure shown as "frame garage" on the plot plan
submitted, which is used as "bunk house" for sleeping quarters
during the summer season. The proposed renovation of this
accessory structure will convert it from its bunk house status to
a true dwelling unit with kitchen and bath facilities. The
accessory structure is located within the side and rear line
setback and separated from the main house by approximately five
feet. The applicant, therefore, is requesting relief under Section
139 -33A by special permit to allow the project to go forward
notwithstanding the intrusion into the side and rear yard setback
and the lack of a twelve -foot separation between this structure and
the main house.
Alternatively, the applicant requests permission from the
Board to connect the house to the accessory structure (which would
involve construction in the set back no closer than the existing
structures) so as to treat the renovated space as an accessory
apartment pursuant to Section 139 -7C. This alternative is
suggested only in the event the characterization of the accessory
structure as a pre- existing non - conforming dwelling is problematic
for the Board. Given notice requirements, however, I feel that
this alternative relief should be included at the outset.
PROFESSIONAL CORPORATION
ATTORNEYS AT LAw
EDwARD FoLEY VAUGHAN
WHALEE's LANE
KEviN F. DALE
P. 0. BoX 659
MELLSSA D. PHILHH1rK
NANTUCKET, MASSACHUSETTS 02554
RACHEL G. HOBART
TEL (508) 228.4455
SusAN JoNEs TONER
FAX (508) 228.3070
November 17, 1993
Mr. Peter Kyburg,
Administrator
Zoning Board of Appeals
South Beach Street Annex
10 Beach Street
Nantucket, Massachusetts 02554
Re: Application of David B. Wiggins - 5 York Street
Dear Peter:
This letter is a supplement to my application on behalf of the
Wiggins in connection with their property at 5 York Street which
more fully describes the existing conditions and the relief
requested so that your Public Notice can be more informative.
The existing uses on the property are a single - family dwelling
and an accessory structure shown as "frame garage" on the plot plan
submitted, which is used as "bunk house" for sleeping quarters
during the summer season. The proposed renovation of this
accessory structure will convert it from its bunk house status to
a true dwelling unit with kitchen and bath facilities. The
accessory structure is located within the side and rear line
setback and separated from the main house by approximately five
feet. The applicant, therefore, is requesting relief under Section
139 -33A by special permit to allow the project to go forward
notwithstanding the intrusion into the side and rear yard setback
and the lack of a twelve -foot separation between this structure and
the main house.
Alternatively, the applicant requests permission from the
Board to connect the house to the accessory structure (which would
involve construction in the set back no closer than the existing
structures) so as to treat the renovated space as an accessory
apartment pursuant to Section 139 -7C. This alternative is
suggested only in the event the characterization of the accessory
structure as a pre- existing non - conforming dwelling is problematic
for the Board. Given notice requirements, however, I feel that
this alternative relief should be included at the outset.
Mr. Peter Kyburg
November 17, 1993
Page Two
If you have any questions, please do not hesitate to give me
a call.
cerely,
MDP /11
nov93 /Wiggins
CC: Mr. David B. Wiggins
Post Office Box 420
Hale Road
Tilton, New Hampshire 03276
Mr. Frank Kardell
Post Office Box 2384
Nantucket, Massachusetts 02554