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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