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HomeMy WebLinkAbout006-94TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET MASSACHUSETTS 02554 Date: January 14 f 1994 To: Parties in Interest and.Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 006 -94 Owner /Ppplicant: STUART GAW AND LEE GAW 31 INDIA ASSOCIATES LIMITED PARTNERSHIP, OWNER 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. C/' ' Dale W. Waine Chairman cc: Town Clerk Planning Board Building Commissioner Map 41 27 Fair Street Parcel 193.1 Deed: Book 262, Page 292 ROH District NANTUCKET ZONING BOARD OF APPEALS NANTUCKET, MASSACHUSETTS DECISION: The BOARD OF APPEALS, at a public hearing held on Friday, January 7, 1994, at 1:00 p.m. in the Town and County Building, Nantucket, Massachusetts, made the following DECISIONS on the application (006 -94) of STUART GAW and LEE GAW (31 INDIA ASSOCIATES LIMITED PARTNERSHIP: OWNER) with a mailing address of 27 FAIR STREET, Nantucket, Massachusetts 02554. 1) Applicants seek a SPECIAL PERMIT pursuant to §139- 33A(4) of the By -Law to obtain a Building Permit from the Nantucket Building Commissioner for the construction of an addition to the single family dwelling on the premises. The proposed addition will connect the dwelling to an existing storage shed which will be converted into a bedroom and bathroom. In addition, Applicants seek a Special Permit under §33A, or alternatively, a VARIANCE under §32A, to validate the siting of the single family dwelling and storage shed on the premises. The premises are located at 27 FAIR STREET and HILLER'S LANE, Assessor's Map 4232, Parcel 193.1, shown as Lots 1 and 2 on a Plan recorded in Plan Book 20, Page 11 at the Nantucket Registry of Deeds, and are zoned RESIDENTIAL OLD HISTORIC. 2) Our findings are based on the application papers, plans, representations and testimony from applicants, their attorney, letters from abutters, and our records and the plans and records on file with the Nantucket Building Department. The premises include two (2) pre- existing, non - conforming lots, Lot 1 (Fair Street) and Lot 2 (Hillers Lane), which have merged for zoning purposes. The Lots have and aggregate area of 8470± square feet with 27.89 feet of frontage on Fair Street. Lot 1 includes a pre- existing, non- conforming commercial guest house ( "Fair Gardens ") . This structure is non - conforming as to side line set back requirements. Lot 2 includes a single family residential dwelling which was constructed in 1981 and a storage shed. The dwelling is non - conforming as to side line set back requirements; it is sited, at certain points, less than five (5.00) feet from the northerly lot line. The storage shed is also less than five (5.00) feet from the northerly lot line. The aggregate ground cover for all existing structures is 3218± square feet (37.9%) . The proposed increase in ground cover is approximately 50± square feet and the new, aggregate ground cover will be 3268± square feet (38.60) . Fifty (50%) percent ground cover is the maximum allowable in this zoning district. In compliance with the provisions of prior Board decisions and related agreements with the Town, Applicants provide four (4) off - street parking spaces on the Hillers Lane Lot (Lot 2), although one (1) off - street space is bounded by a fence along Hillers Lane for the safety of the Applicants' child. The conversion of the shed to living space will require no additional off - street parking spaces for the current uses on the premises. 3) Prior to the effective date of the By -Law in 1972, Lot 2 (Hillers Lane) included two (2) pre- existing, non - conforming garages. The Applicants' predecessor in title obtained permission from this Board to construct a single family residential dwelling on Lot 2 in 1979 and did so in 1981. At that time, the storage shed was also constructed on a portion of a garage foundation. On an occasional basis, fewer than four (4) rooms have been rented in the Hillers Lane residence from 1981 to date. Because more than ten (10) years have elapsed from the time the dwelling and shed were constructed on Lot 2 to date, the curative provisions of M.G.L. c.40A, §7 protect these structures from any action by the Town to enforce the By -Law with respect to the side line set back non - conformities at issue, and the absence of a building permit for the storage shed. We rely on McKenzie v. Zoning Board of Appeals of Wayland et al (Land Court Misc. Case No. 131524, June 4, 1990) and prior Board decisions for the proposition that the Applicants are entitled to Special Permit Relief under M.G.L. c.40A, §6 and §139 - 33A of the By -Law for the construction of the proposed addition and conversion of the shed to living space, as well as the validation of the presence and siting of the dwelling and shed on Lot 2, because any side line set back violations or other zoning violations affecting the dwelling and shed have existed for more than ten (10) years. After ten (10) years have passed from the time of the creation of the zoning violation, Special Permit Relief, and not Variance Relief, is required for the renovation, expansion and alteration of structures which have been in their current location on the premises for more than ten (10) years. We specifically find that Applicants are entitled to apply for a Special Permit to construct the proposed addition and to convert the storage shed into living space, and to validate the presence and siting of the dwelling and shed on Lot 2 and such Relief, if granted, is sufficient for the Applicants to obtain all necessary building permits for the project from the Nantucket Building Commissioner. 4) There was no opposition to the Applicants' request for relief_. The Planning Board had no recommendation on their request for Special Permit Relief and recommended against the requested Variance. We expressed concern that there be no further building within the side -line set back area and that the converted shed not be offered for rental to third parties. We find that the Applicants need additional space for their growing family and the existing configuration of rooms in the Applicants' residence does not provide such space. We find further that the Applicants' project is modest in scope, does not constitute a significant increase in the intensity of the uses on the premises, will not be substantially more detrimental to the neighborhood than the existing uses, and will be in harmony with the intent and purposes of the By -Law upon certain conditions. Accordingly, by unanimous vote, this BOARD GRANTS the requested SPECIAL PERMITS under §139 -33A of the By -Law to validate the presence and siting of the dwelling and shed on the Premises and to enable the Applicants to obtain all necessary building permits from the Nantucket Building Commissioner to permit the construction of an addition to the dwelling on Lot 1 which connects it to the storage shed and the conversion of the storage shed to living space, on the following conditions: (a) The proposed addition may be no closer than 4.65± feet from the northerly line of Lot 2 all substantially shownon Applicants' Plot Plan marked Exhibit "A "; (b) The living space in the converted storage shed shall not be offered for rental; (c) There shall be no further building within the five (5.00) foot side line set back area along the northerly line of Lot 1; and (d) Applicants, as a practical matter, currently provide three (3 ) accessible off-street parking spaces on Lot 2 and one (1) space which is fenced -in, although the board agrees to this off - street parking arrangement the relief granted herein shall not constitute a waiver of the requirement to provide four (4) off - street parking spaces on the premises. Dated: January I I, 1994 ` Nantucket, Massachusetts e W. Wye Linda Al1 __its Mi hae O'Mara William Houriha V Nancy Sevreft TOWN CLERK'S OFFICE NANTUCKET, MA 0,2))54 N 141994 TIMZ.� 4" CL Zoning Board of Appeals South Beach Street Nantucket, Mass. 02554 NOTICE A Public Hearing of the ZONING BOARD OF APPEALS will be held at 1:00 P.M., Friday, January 7, 1994, in the Town and County Building, the Selectmen's Meeting Room, Broad Street, Nantucket, Massachusetts, on the Application of: 31 INDIA ASSOCIATES LIMITED PARTNERSHIP AND STUART AND LEE GAW Board of Appeals File No. 006 -94 Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By -Law §139 -33A.4 (Alteration or extension of a pre- existing ponconforming use /structure) to allow the construction of an addition that would connect an existing single family dwelling and an existing storage shed. Applicants propose tc convert the storage shed into a bedroom and bathroom. In addition, Applicants seek relief by SPECIAL PERMIT under Nantucket Zoning By- Law §139 -33A, or in the alternative, by VARIANCE under Nantucket Zoning By -Law §139 -16A, to validate the siting of the single family dwelling and the storage shed. Lot 1 (27 Fair Street) and Lot 2 (Hillers Lane) have merged for zoning purposes and have an aggregate area of 8470± square feet. The combined lot is said tc be pre- existing nonconforming as to frontage, having 27.89± square feet of frontage on Fair Street where 75 feet are required, and setbacks, with the dwelling being 2.45± feet from the northerly side yard setback at its closest point, and with the guest house being 1± feet from the northerly lot line and 1± feet from the southerly lot line where 5 feet are required. The premises are located at 27 FAIR STREET, Assessor's map 42.3.2, parcels 193.1 and 193.2, as shown in Plan. Book 20, page 11, Lots 1 and 2. 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 NANTUCKET, MA 02554 APPLICATION FOR RELIEF December 8; 1993 • Date CASE No. Q -•T- owner's name(s): 31 India Associate's Limited Partnership Mailing address: 31 India Street Nantucket MA 02554 Applicant's name: Stuart Gaw and Lee Gaw Mailing address: 27 Fair Street, Nantucket MA 02554 Location of lot: Assessor's map and parcel number 4Z-U_- 193.1 and 193.2 Street address: 27 Fair Street and Hillers Lane Registry Lan- '- Ct- 'PT•an, Plan Bk & Pg -or- pitm -Fi-l-er 20/11 Lots 1 and 2 Date lot acquired: 12 X86 Deed Ref 262,292 zoning district ROH I iUses on lot - commercial: None _ or Guest House (non - conforming) MCD ?No number of: dwellings 2 duplex_ apartments— rental rooms Building date(s): all pre -8/72? or C of 0? 1408 -81 Building Permit appl'n. Nos. 1408 -80 Case Nos. all BoA applications, lawsuits: 41 -78 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 ory. order appealed. OK to attach addendum . The Applicants see# a Special Permit to add living space to their dwelling on Hillers Lane by connecting the shed to the dwelling and converting the shed to a bedroom and bathroom. Subject Lots 1 and 2 are merged for zoning purpose; Lot 1 includes a pre- existing, non - conforming commercial guest house. See'Adaendum "A". Items enclose as part of this Application: o derl addendum2 ✓ Locus map�Site planes showing present ti� +planne�c__L,istructures Floor plans present proposed elevat of ns L�- (HDC.appproved ?f'cl Listings lot area��rontage vnetbacks I/ CR sparking data Assessor-certified--addressee Mist 4 sets ail ni g labelss 2 sets/ 1200 fee payable.-to-.-Town of Nantucket roof. - -' cap' CbVenant (If an appeal, ask Town Clerk to sen Bldg Comr record to BoA-.T- I certify that the requested information submitted is substantially complete and true,to the b stVof my knowledge, under the wins and peAalties of perjury. " ` ° .. 31 India Associates Limite.a..P t p SIGNATURE: by its Attorney A licant - Attorney /aged - Kevin F. Dale, squ re 3(If not owner or owne 's attorney, enclose proof of authority) FOR BoA 0 FFICE USE Application copies rec d: 4 or— for BoA on .7A, -7 by One copy filed with Town Clerk on/2�by� complete? C— One copy each to Planning Bd and Building,Dept,-,L/ by $200 fee check given Town Treasurer on..9/6) L4/3 by waived ? - ; Hearing notice postedLLJ/!Z�- maile � / I & m2eP -, 629eO Hearing(s) one_/_ cont'd to— /•_/_, _/_/_ withdrawn ?__/_/_ Decision due by_/_/_ made_/_ filed. TC__/_/_ mailed—/--/— See related cases lawsuits other ULO LO LL LL O O W (n � Y UWW Y MU0 �Z O< �Z C) J Y I.0 Cr LLI ADDENDUM "A" The Applicants, Stuart Gaw and Lee Gaw, seek a Special Permit under § 33A (4) to connect a storage shed on the premises to the dwelling house and to convert the storage shed to a bedroom and bathroom to accommodate Mr. and Mrs. Gaw's growing family. For zoning purposes, Lot 1 (27 Fair Street) has merged with Lot 2 (Hillers Lane). Both Lots have an aggregate area of 8470 ± square feet. Lot 1 includes a pre- existing, non - conforming guest house structure, (Fair Gardens) . This structure also is non - conforming as to side line set back distances and has 27.89 feet of frontage. Seventy -five (75.00) feet of frontage is required in this ROh District. There is is a two (2) story dwelling on Lot 2 (Hillers Lane) and a storage shed. Because the Applicants are expecting another child this spring and need additional living space, they wish to convert the storage shed to living space (bedroom and bathroom) and connect the converted shed to the dwelling as shown on the enclosed Plot Plan dated November 1, 1993. The Applicants also seek a Special Permit to validate the existing locations of the dwelling and shed footprints as shown on this plan. Lot 2 contains 2,892 ± square feet; current ground cover is approximately 1405 ± square feet (36.1 %). The proposed increase in ground cover for the connector, approximately 50 ± square feet, would raise the aggregate ground cover to 1455 ± square feet (37.4 %). A maximum ground cover of 50% is allowable in this zoning district. Converting the storage shed to living space and connecting this structure to the dwelling on Lot 2 will not be substantially more detrimental to the neighborhood then the current use of Lot 2. Moreover, by granting the requested relief, this Board will allow for the creation of necessary living space for the Gaw family and promote the welfare of the Nantucket community. For these reasons, the Applicants ask the Board to grant Special Permit relief for this project. EDWARD FOLEY VAUGHAN KEVIN F. DALE MELISSA D. PHIL RICK RACHEL G HOHART SUSAN JONES TONER VAUGHAN, DALE AND PHILBRIcK PROFESSIONAL CORPORATION ATTORNEYS AT LAW WHALER'S LANE P.O. BOX 659 NANTUCKET, MASSACHUSETTS 02554 TEL (508) 228.4455 EAX:15081228.3070 December 8, 1993 HAND DELIVERY Dale Waine, Chairman Nantucket Board of Appeals Town Building Annex South Beach Street Nantucket, Massachusetts 02554 RE: Stuart Gaw and Lee Gaw 31 India Associates Ltd Partnership Application for Special Permit Relief Dear Chairman Waine: Enclosed herewith for filing on behalf of my clients, Mr. and Mrs. Stuart Gaw and 31 India Associates Limited Partnership are an original Application for Special Permit Relief to allow my clients to convert a storage shed on the property to living space and to connect this space to their home in order to provide for the growing Gaw family. I also enclose a plan showing the existing lots, a plan showing the proposed project, a locus map, a check in the sum of $200.00 made payable to the Town of Nantucket, two (2) sets of mailing labels, four (4) copies of the certified abutters list. Please mark this matter for hearing at the January 7, 1994 meeting of the Board of Appeals and call me if you have any questions or concerns. Thank you for your help. KFD /mep Enc. cc: Nantucket Planning Board ✓ Nantucket Building Dept. Mr. and Mrs. Stuart Gaw Sincerely, RECo'VVED TOWN CLERK'S OFD ►f`F NANTUCKET. MA DEC 0 8 1993 CLERK: _. BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS December 8, 1993 TOWN AND COUNTY BUILDING 'Date NANTUCKET, MA 02554 CASE No. - APPLICATION FOR RELIEF Owner's name(s): 31 India Associate's Limited Partnership Mailing address: 31 India Street, Nantucket, MA 02554 Applicant's name: Stuart Gaw and Lee Gaw Mailing address: 27 Fair Street, Nantucket, MA 02554 Location of lot: Assessor's map and parcel number 4232 -- 193.1 and 193.2 Street address: 27 Fair Street and Hillers Lane Registry Lanza -Ct -Fran, Plan Bk & Pg trr- Pi- am-Ri+e- 20/11 Lot s 1 and 2 Date lot acquired: 12 X86 Deed Ref 262,292 Zoning district ROH Uses on lot - commercial: None _ or Guest House (non - conforming) MCD ?No - number of: dwellings 2 duplex apartments rental rooms_ Building date(s): all pre -8/72? or C of 0? 1408 -81 Building Permit appl' n. Nos. 1408 -80 Case Nos. all BoA applications, lawsuits: 41 -78 State fully all zonincr 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 ext�end'a nonconforming use). If appeal per 139 -3JA & B _ , attach decision or order appealed. OK to attach addendum . The Applicants sees a Special Permit to add living space to their dwelling on Hillers Lane by connecting the shed to the dwelling and converting the shed to a bedroom and bathroom. Subject Lots 1 and 2 are merged for zoning purpose; Lot 1 includes a pre -- existing, non- conforming commercial guest house.See'Adaendum "A ". �I I RECEIVED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 DEC 0 83993 TIME: ° CLERK: - -'e, _ ADDENDUM "A" The Applicants, Stuart Gaw and Lee Gaw, seek a Special Permit under § 33A (4) to connect a storage shed on the premises to the dwelling house and to convert the storage shed to a bedroom and bathroom to accommodate Mr. and Mrs. Gaw's growing family. For zoning purposes, Lot 1 (27 Fair Street) has merged with Lot 2 (Hillers Lane). Both Lots have an aggregate area of 8470 ± square feet. Lot 1 includes a pre- existing, non - conforming guest house structure, (Fair Gardens) . This structure also is non - conforming as to side line set back distances and has 27.89 feet of frontage. Seventy -five (75.00) feet of frontage is required in this ROh District. There is is a two-(2) story dwelling on Lot 2 (Hillers Lane) and a storage shed. Because the Applicants are expecting another child this spring and need additional living space, they wish to convert the storage shed to living space (bedroom and bathroom) and connect the converted shed to the dwelling as shown on the enclosed Plot Plan dated November 1, 1993. The Applicants also seek a Special Permit to validate the existing locations of the dwelling and shed footprints as shown on this plan. Lot 2 contains 2,892 ± square feet; current ground cover is approximately 1405 ± square feet (36.1 %). The proposed increase in ground cover for the connector, approximately 50 ± square feet, would raise the aggregate ground cover to 1455 ± square feet (37.4 %). A maximum ground cover of 50% is allowable in this zoning district. Converting the storage shed to living space and connecting this structure to the dwelling on Lot 2 will not be substantially more detrimental to the neighborhood then the current use of Lot 2. Moreover, by granting the requested relief, this Board will allow for the creation of necessary living space for the Gaw family and promote the welfare of the Nantucket community. For these reasons, the Applicants ask the Board to grant Special Permit relief for this project.