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
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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.