HomeMy WebLinkAbout027-92o`10. TUC kf� TOWN OF NANTUCKET
Ln
BOARD OF APPEALS
o
c p0 RAZ NANTUCKET, MASSACHUSETTS 02554
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Date: June 19 92
To: Parties in Interest and.Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.: 027-92
- Owner /Applicant: JOHN J. MCATEE, JR.
Enclosed is the Decision of the BOARD OF APPEALS which has
this day been filed in the office of the Nantucket Town
Clerk.
An !DDeal from this Decision may be taken pursuant to
.Section 17 of Chapter 40A, Massachusetts General Laws.
. � c :e roug:� by
_T ny action a p;ealin g the Decision rust
iill:g an = vuplai_,• ?n court within TjiENTY (20) y_ ays
y�r
., •.
this day's date. Notice of the action with a co.y o_ the
com;)Iaint and certified copy of the Decision :;gust be given
to the :'i;.ltin Clerk so ...3 to be receive
(20) days. ?7
chter„ Chairman
cc: Town Clerk
Planning Board
Building Commissioner
� t (S j
C-1
ZONING BOARD OF APPEALS
10 South Beach Street
Nantucket, Mass. 02554
Map 26 222 Polpis Road
Parcel 224 14,956
LUG -3
At a Public Hearing of the ZONING BOARD OF APPEALS held at
1:00 P.M., Thursday, May 7, 1992, in the Town and County
Building, Broad Street, Nantucket, Massachusetts, on the
Application of JOHN J. McATEE, JR., 249 Round Hill Road,
Greenwich, Conn. 06381, Board of Appeals File No. 027 -92, the
Board made the Following Decision:
1. Applicant is seeking an Appeal under §139 -31A and reversal
of the decision of the Building Commissioner, dated January 13,
1992, prohibiting Applicant from constructing a garage /studio
with an upstairs bathroom, including a sink, toilet and shower,
citing the Applicant's failure to comply with §139- 26C(3) of the
Zoning Bylaw, and from the decision of the Building Commissioner,
in his letter dated February 14, 1992, that a garage /studio with
a bathroom but no cooking and /or sleeping facilities is within
the definition of "Dwelling" in §139 -2 of the Zoning Bylaw. In
the alternative and /or in addition, Applicant requests a finding
by the Board that a garage /studio which includes a bathroom, but
no cooking facilities is a permitted "Accessory Use" under §139-
15, is an allowable "Accessory Use" and does not constitute a
"Dwelling ", as both are defined in §139 -2 of the Bylaw, and that
the proposed garage /studio is in compliance with the terms of the
Order of Conditions, as amended, issued by the Conservation
Commission, dated January 8, 1991, and modified on September 17,
1991. In the alternative, Applicant requests relief by Variance
under §139 -32A from the definition of "Dwelling" as set forth in
§139 -2 of the Bylaw. The premises are located at 222 POLPIS
ROAD, Assessor's Map 26, parcel 224, as shown on Land Court Plan
11647 -L, Lot 24. The property is zoned LUG -3.
2. The Decision is based upon the Application and materials
submitted with it, the testimony and evidence presented at the
Public Hearings on March 6, April 10, May 1, and May 7, 1992, and
no recommendation from the Planning BoaArd.
3. The premises, Lot 24, include 10.75± acres, a significant
portion of which is covered by salt marsh and other wetland
resources. The property is subject to an Order of Conditions
from the Nantucket Conservation Commission, dated January 8,
1991, recorded as Document No. 54928 and noted on Certificate of
Title No. 14,956 in the Nantucket Registry District, as modified
by an Order dated September 17, 1991. The Order of Conditions
allows the garage /studio to have a bathroom, with a sink, shower
and toilet facilities, but prohibits the use of the building as a
Application No. 027 -92
DECISION
dwelling and proscribes cooking and sleeping facilities within
the structure.
4. The property is also subject to a Conservation Deed
Restriction, dated May 5, 1989, which provides, in pertinent
part, that construction of dwelling units is prohibited outside
of the building envelope approved by the Conservation Commission
for the primary dwelling on the lot. The garage /studio is not
within the building envelope.
5. Currently, the garage /studio, which is the subject of this
Application, and a separate single- family dwelling are under
construction on the premises. There is no second dwelling
planned for this lot, although one could be built but for the
restrictions in paragraphs 3 and 4 of this Decision.
6. Aside from the restrictions specified in paragraphs 3 and 4
of this Decision, the garage /studio complies with the secondary
dwelling restrictions of the Zoning Bylaw, including approval by
the Planning Board, separation from the primary dwelling, and
size differential.
7. Applicant represented to the Board that the use of the
garage /studio will be accessory to the use of the principal
dwelling on the premises, will comply with the Deed Restriction
and the Order of Conditions, and the building will include -
h0
cooking or sleeping facilities.
8. The Building Commissioner /Zoning Enforcement Officer stated
that he denied the Applicant's attempt to modify the Building
Permit because he determined that the garage /studio in question,
with the addition of a bathroom, was a "Dwelling" as defined in
the Zoning Bylaw, that the structure did not comply with the
Building Code definition of "Dwelling" in that it did not have
either cooking or sleeping facilities, and the Order of
Conditions prohibited inclusion of such facilities.
9. Applicant contended that accessory buildings may contain
sanitation facilities and still not be a "Dwelling" under the
Zoning Bylaw, since a "Dwelling" is defined as for habitation and
an accessory building is, by definition in the Zoning Bylaw, not
for habitation. Applicant argued that the determinative factor
was the use for habitation, not whether the building had
sanitation facilities.
10. Applicant also contended that whether a building was a
"Dwelling" under the Zoning Bylaw did not require it also to
satisfy the requirements for a "Dwelling" under the Building
Code.
2
Application No. 027 -92 DECISION
11. The reason cited by the Building Commissioner for denial of
the attempt to modify the Building Permit was the failure to
comply with §139- 26C(3) of the Zoning Bylaw, which requires an
Order of Conditions to be submitted with the Building Permit
Application when wetlands are involved.
12. By 4 -1 vote (Leichter, Williams, Waine, and Angelastro in
favor, Balas opposed) the Board finds that an Order of Conditions
was submitted with the Building Permit Application and REVERSES
the Decision of the Building Commissioner denying the
modification of the Building Permit.
13. By unanimous vote, the Board FINDS that the proposed
garage /studio with a bathroom, including sink, shower and toilet
facilities, is an allowed "Accessory Use" under §139 -15 of the
Zoning Bylaw and that the garage /studio with sanitation
facilities is not a "Dwelling" under the Bylaw definition under
the following conditions and circumstances:
A. that the garage /studio is to be built with space above the
garage to be used as an office substantially in accordance
with the plans submitted to the Building Department at the
time Applicant requested the modification of the Building
Permit to include the bathroom; and
B. that the garage /studio not contain cooking or sleeping
facilities and not be used for human habitation; and
C. there be no second dwelling on the lot; and
D. Applicant comply with the terms of the Order of Conditions
issued by the Conservation Commission.
14. By unanimous vote, the Board GRANTS Applicant's request to
withdraw his other request for relie�-1 y Variace, without
prejudice. /�
Date: 2,
X��
L n F. Wil iam
Da Waine
/,& d�M t Of
rt df. L4ichter
chael Angelastro
i
Form
6 -89
NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554
File No. 6- qv
Assessor's Parcel- 221
THIS AGREEMENT TO EXTEND THE TIME LIMIT FOR THE BOARD OF
APPEALS TO MAKE A DECISION (or to hold a public hearing or
take other action) concerns the Application of:
i k Y1 --y. o) Q
TC
Pursuant to the provisions of the Acts of 1987, Chapter
498, amending the State Zoning Act, Chapter 40A of the
Massachusetts General Laws, Applicants) /petitioner(s) and
the Board of Appeals hereby agree to extend the time limit
- for a public hearing ✓ on the Application, or
- for a decision V" of the Board, or
- for any other action
by the Board,
(whether such Application is an appeal from the
decision of any adm nistrative official, tition for
a Special Permit, or for a Variance � pe or for any
extension modification or renewal thereof)
to the NEW TIME LIMIT of midnight on e 3 /G 92
but not earlier than a time limit s t statute or bylaw.
The Applicant(s), or the attorney or agent for
Applicant(s) represented to be duly authorized to act in
this matter for Applicant(s), in executing this Agreement
waives any rights under the Nantucket zoning Bylaw and the
State Zoning Act, as amend o, to t48-1 extent, but only to
the extent, inconsistent w t A eement.
/117 /"4�- G�� /
Effects date of Agreemen
cc: Town Clerk
Planning Board
Building Commissioner
Agreement filed in the office of the Tow lerk-
Date Town Clerk
EDWARD Fo= VAuoaAN
KEVIN F. DALE
MRssA D. PHasmicx
RAcEn C. HOBAw
SusAN JoNES ToNn
HAND DELIVERY
VAIIGHAN, DALE AND P RnBBICK
ATTOBNEYs AT LAW
P.O. Box 659
WmAuws LANE
NANTuam, MASS 02554
T= (508) 228-4455
FAX: (508) 228.3070
February 10, 1992
Spencer M. Cowan, Jr., Administrator
Nantucket Board of Appeals
South Water Street
Nantucket, Massachusetts 02554
RE: John J. McAtee, Jr.
222 Polpis Road
Nantucket, Massachusetts
Dear Spencer:
Z�_,IL
On behalf of my client, John J. McAtee, Jr., enclosed
herewith for filing is an application for zoning relief which
seeks a finding that the proposed garage /studio on the premises
which include an upstairs bathroom but no cooking and sleeping
facilities is a permitted accessory use pursuant to Section 139-
15 of the By -Law and does not constitute a "dwelling" as defined
and alternatively, "`a Variance from the definition of "dwelling"
set forth in Section 139 -2 of the By -Law so as to allow a
garage /studio with upstairs bathroom pursuant to Section 139 -30A,
and alternatively, an appeal from the Nantucket Building
Commissioner's decision dated January 13, 1992 to the extent that .'i f :fir'
this decision prohibits my client from constructing a
garage /studio with an upstairs bathroom as a permitted accessory
/ifF�l /x ✓ °_ r: '1 // )/�%7
Spencer M. Cowan, Jr., Administrator
February 10; 1992
Page Two
use. Also enclosed are copies of the Addendum, site plan, Land
Court Plan, Building Commissioner denial letter of January 13,
1992, Conservation Commission Order of Conditions dated January
8, 1991, minor modification of said order dated September 17,
1991, and my letter to the Conservation Commission. Also
enclosed are the filing fee check in the sum of $200.00, abutters
list, and two (2) sets of mailing labels.
Pursuant to Section 139- 29(6)(a), this letter shall
constitute a formal notice of appeal from the Building
Commissioner's denial dated January 13, 1992 which I have filed
this day with the Nantucket Town Clerk. A copy of this notice
has been certified by the Town Clerk and is included herein.
Please mark this matter for hearing before the Board of
Appeals at its next scheduled hearing date and call me.if you
have any questions or concerns.
Sincerely, `i
KFD /bar
Enc.
cc: Nantucket Town Clerk
Nantucket Building Commissioner
Nantucket Planning Board
Mr. John J. McAtee, Jr.
Mr. J. Gwynne Thorsen
Mr. Randolph G. Sharp, Jr.
ZONING BOARD OF APPEALS
14 South Water Street
Nantucket, Mass. 02554
NOTICE
A Public Hearing of the ZONING BOARD OF APPEALS will be held
at 1:00 P.M., Friday, March 6, 1992, in the Town and County
Building, Broad Street, Nantucket, Massachusetts, on the
Application of:
JOHN J. McATEE, JR.
Board of Appeals File No. 027 -92
Applicant is seeking an Appeal under §139 -31A and reversal of the
decision of the Building Commissioner, dated January 13, 1992,
prohibiting Applicant from constructing a garage /studio with an
upstairs bathroom, including a sink, toilet and shower, citing
the Applicant's failure to comply with §139- 26C(3) of the Zoning
Bylaw, and from the decision of the Building,Commissioner, in his
letter dated February 14, 1992, that a garage /studio with a
bathroom but no cooking and /or sleeping facilities is within the
definition of "Dwelling" in §139 -2 of the Zoning Bylaw. In the
alternative and /or in addition, Applicant requests a finding by
the Board that a garage /studio which includes a bathroom, but no
cooking facilities is a permitted "Accessory Use" under §139 -15,
is an allowable "Accessory Use" and does not constitute a
"Dwelling ", as both are defined in §139 -2 of the Bylaw, and that
the proposed garage /studio is in compliance with the terms of the
Order of Conditions, as amended, issued by the Conservation
Commission, dated January 8, 1991, and modified on September 17,
1991. In the alternative, Applicant requests relief by Variance
under §139 -32A from the definition of "Dwelling" as set forth in
§139 -2 of the Bylaw.
The premises are located at 222 POLPIS ROAD, Assessor's Map 26,
parcel 224, as shown on Land Court Plan 11647 -L, Lot 24. The
property is zoned LUG -3.
Linda F. Williams, Vice Chairman
2 - r F2
P-L AS-51 '7Au,, C-(4-..,k
BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING
r NANTUCKET, MA 02554
APPLICATION FOR RELIEF
Owner's name(s): John J. McAtee, Jr.
Mailing address:
DateO�
CASE No(.• -�
249 Round Hill Road, Greenwich, Connecticut 06831
Applicant's name: same
Mailing address:
Location of lot: Assessor's map and parcel number 26 - 0224
Street address: 222 Polpis Road
Registry Land Ct Plan, BX3WAXRTaX91P#[ydifXiiX 11647 -L Lot 24
Date lot acquired: __�/ 2/ 91 Deed Ref Zoning district LUG -3
Uses on lot - commercial: None or MCD?
- number of: dwellings_ duplex_ apartments_ rental rooms_
Building date(s): all pre -8/72? _ or C of 0 ?_
Building Permit appl'n. Nos.
Case Nos. all BoA applications, lawsuits:
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 -3JA
& B attach decision or order appealed. OK to attach addendum .
The Applicant seeks a finding that the proposed garage /studio which includes
a bathroom but no cooking facilities is a permitted accessory use pursuant to
Section 139 -15 of the By -Law and does not constitute a "dwelling" as defined;
alternatively, a "Variance" from the definition of "dwelling" -set forth ink
Section 139 -2 of the By -Law so as tb allow a garage /studio with upstairs
bathroom pursuant to Section 139 -30A of the By -Law; alternatively, a
appeal from the decision of the Building Commissioner dated January 13, 1992 to
the extent that s decision Drohibits the Applicant from constructing a
ra s udio w th p airs at zoo as a per ttfd acces e.2 Se Exhibit "A"
Items enRj s par o This App Ica�ion: order arc �ndSum
Locus map J_ Site plan_ showing present +planned "structures
Floor plans presentL proposed elevatioyypffls (HDC aapproved ?_)
Listings lot area ✓ frontage etbacks� GCR parking data_
Assessor - certifier addressee ist 4 sett mailing labels 2 sets_
200 fee payable..to- ._Town of Nantucket ✓✓ proof 'cap' dbvenant
(If an appeal, ask Town Clerk to send Bldg ComPs record to BOA.)
I certify that the requested information submitted is substantially
complete and true,to the best my knowledge, under the pains and
peYialties of perjury / /� ' '
John J.
SIGNATURE:
yB —F'is a1
3(If not owner or
2 —C
Attorney /agent X
7's attorney, enclose proof of authority)
F6R BOA OPPICE USE
Application copies rec d: 4_ to' or for BoA on _/ y
One copy filed with Town Clerk onal/ y -� complete?
One copy each to planning Bd and Building Dept &j� Y L4�
$200 fee check given Town Treasurer on. waived?
Hearing notice poste2 /Ea�iled� /� & 42,, Z,—' �/', L-
Hearing(s) on_/_/_ cont'd to_/ _/_, �_/_ withdrawn ? _/_/_
Decision due by_/_/_ made _/_/_ filed TC_/_/_ mailed_/_
See related cases lawsuits other
EXHIBIT "A"
The Applicant, John J. McAtee, Jr., is the owner of the land
situated at 222 Polpis Road, Nantucket, Massachusetts 02554 and
shown as Lot 24 on Land Court Plan No. 11647 -L at the Nantucket
Registry District. The lot contains approximately 10.75 acres
and is located in the Limited Use General -3 Zoning District. Lot
24 is subject to an Order of Conditions from the Nantucket
Conservation Commission dated January 8, 1991 and recorded as
Document No. 54928 noted on Certificate of Title No. 14,956 at
the Nantucket Registry District. A significant portion of Lot 24
is covered by a salt marsh and other wetland resources;
currently, a single - family dwelling and separate garage /studio
are under construction on the Lot. The original Order of
Conditions issued by the Nantucket Conservation Commission for
the garage /studio provided, in pertinent part, that
1123. No further expansion of this
structure shall be allowed in the
future, no further structure(s)
shall be allowed on the lot and the
building shall not be used as a
dwelling..."
The Order of Conditions was modified on September 17, 1991 to
allow the installation of a bathroom with a sink, shower and
toilet facilities but no cooking and sleeping facilities.
A "dwelling" is defined in the By -Law as a building used, or
to be used, for habitation, containing sanitation facilities
(emphasis supplied). The Nantucket Building Inspector interprets
this definition to mean that any building which includes a
bathroom constitutes a "dwelling" under the By -Law.
Notwithstanding this interpretation, the Building Inspector
interprets the Massachusetts Building Code to require that no
dewelling is permitted unless it includes sleeping and cooking
facilities. In summary, the effect of the Building Inspector's
interpretation of the Zoning By -Law and Massachusetts Building
Code precludes the permitted construction of a garage /studio with
a bathroom and no cooking and sleeping facilities.
The Applicant seeks relief from this Board to allow the
construction of a garage /studio with a bathroom and no cooking or
sleeping facilities under the following alternative theories of
relief:
1. A finding that the proposed garage /studio which
includes a bathroom but no cooking facilities is a permitted
accessory use pursuant to Section 139 -15 of the By -Law and does
not constitute a "dwelling," as defined, because the structure is
intended to be used for "habitation," as this word is commonly
defined, (i.e., "living quarters," "abode," "place where one
resides ") because the proposed garage /studio will not have
cooking and sleeping facilities. Moreover, this Board has
customarily allowed accessory garage uses which include bathrooms
but no cooking facilities. See Application of Max N. Berry and
Heidi L. Berry (024 -89); Application of Thomas F. Shannon and
Helen G. Shannon (121 -88);
2. Alternatively, a Variance from the definition of
"dwelling" set forth in Section 139 -2 of the By -Law so as to
allow a garage /studio with upstairs bathroom. Given the unique
wetland topography of the lot and the constraints set forth in
the Conservation Commission's Order of Conditions, as modified,
there are particular circumstances that affect this lot which
support the statutory criteria for variance relief. In addition,
such relief may be granted by the Board without undermining the
Zoning By -Law because the Board has customarily allowed such
garage /studio uses;
3. Alternatively, the Applicant appeals the decision of
the Building Inspector dated January 13, 1992, to the extent that
this decision prohibits the Applicant from constructing a
garage /studio with a bathroom as a permitted accessory use.
BUILDING DEPARTMENT
TOWN BUILDING ANNEX
10 SOUTH BEACH STREET
NANTUCKET, MASSACHUSETTS 02554 Ronald J. Santos
Telephone 508- 228 -7222 Building Commissioner
Tele Fax 508- 228 -7249
John J. Mc Atee
249 Round Hill Rd.
Greenwich Ct.
06830
January13,1992
Dear Mr.& Mrs. Mc Atee:
Your application for a Building Permit to convert to a
Dwelling on Polpis RD. has been reviewed and is hearby DENIED.
The application does not meet Section 139- 26C(3)ofthe
Nantucket Zoning Code.
You may appeal this decision under section 139- 31A(1).
Yours Tru y:
ema'a
Ronald J. ntos
Building Commissioner
Town of Nantucket
cc:Kevin Dale
Randy Sharp
310 CMR 10.99 D
o
Form 5
Commonwealth of
Massachusetts
DEP File No.�SE48 -630
(To be provided by DEP)
City/Town
Nantucket
Applicant Santa Rita Nominee Trust
Order of Conditions
issued under the
Massachusetts Wetlands Protection Act (G.L. c.131, Sec. 40)
and the
Nantucket Wetlands B law (Cha ter 136
FROM THE NANTUCKET CONSERVATION COMMISSION
Randolph G. Sharp, Trustee of
To Santa Rita Nominee Trust
(Name of Applicant)
Y P )
//JG >Pre
S11kbs1(0LA X1011 IV
Santa Rita Nominee Trust
(Name of property owner)
Address 14 Tennessee Ave., Nantucket, MA Same
Address
This Order is issued as follows:
❑ by hand delivery to applicant or representative on
by certified mail, return receipt requested on January 8 1991 (date)
This project is located at _222 pol ni G Road, 26 22 4
(Address) (Assessor's Map #) (Parcel #)
The property is recorded at the Registry of Nantucket
Book
Certificate (if registered)
Page
The Notice of Intent for this project was filed on October 18 1990 (date)
The public hearing was closed on January 3, 1991 (date)
Findings
The Nantucket Conservation Commission has reviewed the above- referenced Notice of Intent and plans and has held
a public hearing on the project. Based on the information available to the Commission at this time, the Commission
has determined that the area on which the proposed work is to be done is significant to the following interests in accordance
with the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the Act
and /or the Bylaw (checked as appropriate):
❑ Public water supply ❑ Flood control ❑ Land containing shellfish
Private water supply ❑ Storm damage protection f3 Fisheries
❑ Ground water supply ❑ Prevention of pollution )K Protection of wildlife habitat (Act)
X Erosion control (Bylaw) ❑ Recreation (Bylaw) Wildlife (Bylaw)
X Wetland scenic views (Bylaw)
Total Filing Fee Submitted $250.00 State Share $112.50
City/Town Share $137.50 (1/2 fee in excess of $25)
Total Refund Due $_ 0 City/Town Portion $ 0 State Portion $ 0
(1/2 total) (1/2 total)
5 -1
Effective 11/10/89
VAUGHAN; DALE AND PmLB$icg
September 3, 1991
HAND DELIVERY
Mr. Bruce Perry, Administrator
Nantucket Conservation Commission
South Beach Street
Nantucket, Massachusetts 02554
RE: Santa Rita Nominee Trust
Order of Conditions No. SE48 -630
222 Polpis Road
Nantucket, Massachusetts 02554
Reguest for Minor Modification
Dear Bruce:
This letter will serve to confirm that I represent John J.
McAtee, Jr., the owner of the land situated at 222 Polpis Road,
which is covered -by Order of Conditions No. SE48 -630 dated
January 3, 1991. This Order of Conditions covers the
garage- studio to be constructed on the property.
On behalf of my client, I hereby request that the Nantucket
Conservation Commission modify additional Special Condition No.
23. This condition, in pertinent part, provides that "... the
building shall not be used as a dwelling." Nantucket Building
Commissioner, Ronald Santos, interprets the current Nantucket
Zoning By -Law so as to define a dwelling as "a building used, or
to be used, for habitation, containing sanitation facilities.,,
ATTORNEYS AT LAW
EDWARD FOLEY VAUGHAN
P.O Box 659
BEviN F. DALE
WHALER'S LANE
MELISSA R PHILBRmcK
NANTUCKET, MASS 02554
AACREL G HOBART
TEL' (508) 228 -WS
SUSAN JONES TONER
PAS (508) 228.3070
September 3, 1991
HAND DELIVERY
Mr. Bruce Perry, Administrator
Nantucket Conservation Commission
South Beach Street
Nantucket, Massachusetts 02554
RE: Santa Rita Nominee Trust
Order of Conditions No. SE48 -630
222 Polpis Road
Nantucket, Massachusetts 02554
Reguest for Minor Modification
Dear Bruce:
This letter will serve to confirm that I represent John J.
McAtee, Jr., the owner of the land situated at 222 Polpis Road,
which is covered -by Order of Conditions No. SE48 -630 dated
January 3, 1991. This Order of Conditions covers the
garage- studio to be constructed on the property.
On behalf of my client, I hereby request that the Nantucket
Conservation Commission modify additional Special Condition No.
23. This condition, in pertinent part, provides that "... the
building shall not be used as a dwelling." Nantucket Building
Commissioner, Ronald Santos, interprets the current Nantucket
Zoning By -Law so as to define a dwelling as "a building used, or
to be used, for habitation, containing sanitation facilities.,,
Mr. Bruce Perry
September 3, 1991
Page Two
Specifically, Mr. Santos has taken the position that any
building which contains a toilet will constitute a "dwelling"
under the Zoning By -Law. Although my client, Mr. McAtee, does
not wish to use the garage- studio as a dwelling, he would like
to include a small bathroom in the upper studio over the garage, ,
including a sink, shower and toilet. Additional Special
Condition No. 23 prohibits my client from using the
garage- studio as a dwelling and, if he constructs a bathroom in
the garage, the Building Commissioner will designate the
garage- studio a "dwelling" which would violate this Additional
Special Condition.
On behalf of my client, I hereby request that the
Conservation Commission modify Special Condition No. 23 as
follows:
"No further expansion of this structure shall be
allowed in the future, no further structure(s) shall be
allowed on the lot and the building shall not include
cooking and sleeping facilities; however, the
garage- studio may include a bathroom with sink, shower
and toilet facilities. This condition shall be
on -going and not expire at the issuance of the
Certificate of Compliance."
I believe that this minor modification lies within the
spirit of the conditions issued for this garage- studio by the
Nantucket Conservation Commission. A septic system has been
approved for the garage- studio and, in fact, Additional Special
VAUGHAN, DALE AND PT-m iucK
February 14, 1992
HAND DELIVERY
Ronald Santos
Nantucket Building Commissioner
Nantucket High School
Nantucket, Massachusetts 02554
Re: John J. McAtee, Jr. Garage /Studio Building
Permit, Lot 24, Polpis Road, Nantucket, MA
Dear Ron:
On behalf of my client, John J. McAtee, Jr., will you
please provide me with a letter which states that your
interpretation of "Dwelling" in Section 139 -2 of the
Zoning By -Law applies to and includes a garage /studio with
a bathroom but no cooking and /or sleeping facilities.
If possible, I would appreciate receiving this letter
from you today so I may perfect the Board of Appeals application
I have filed in this matter. My FAX number is 228 -3070.
Thank you for your help; please call -me if you have
any questions.
Sincerely,
cc: John J. McAtee, Jr.
Rqndoph G. Sharp, Jr.
J. Gcyynne Thorsen
ATTORNEYS AT LAW
EDWARD FOLEY VAUGHAN
P.O. BOX 659
REvu; F. DALE
W'HALER'S LANE
MELISSA D. PHILBRIC%
NANTUCKET, MASS 02554
RACHEL G. HOBART
TII:15081 228.4455
SUSAN JoNES ToNEa
FAX (5081228-3070
February 14, 1992
HAND DELIVERY
Ronald Santos
Nantucket Building Commissioner
Nantucket High School
Nantucket, Massachusetts 02554
Re: John J. McAtee, Jr. Garage /Studio Building
Permit, Lot 24, Polpis Road, Nantucket, MA
Dear Ron:
On behalf of my client, John J. McAtee, Jr., will you
please provide me with a letter which states that your
interpretation of "Dwelling" in Section 139 -2 of the
Zoning By -Law applies to and includes a garage /studio with
a bathroom but no cooking and /or sleeping facilities.
If possible, I would appreciate receiving this letter
from you today so I may perfect the Board of Appeals application
I have filed in this matter. My FAX number is 228 -3070.
Thank you for your help; please call -me if you have
any questions.
Sincerely,
cc: John J. McAtee, Jr.
Rqndoph G. Sharp, Jr.
J. Gcyynne Thorsen
BUILDING DEPARTMENT
Mr. Kevin Dale
P.O. Box 659
Nantucket, MA 02554
TOWN BUILDING ANNEX
lU SUUTII BEACH STREET
NANTUCKET, MASSACHUSETTS 02554 Ronald J 5,an,u.
Tcicphonc 508- 228 -7222 Building; C omnw ior.rr
Ttk f;ax 54R -228 -7249
February 14, 1992
RE: John J. McAtee, Jr. Garage /studio Building
Permit, Lot 24, Polpis Road, Nantucket, MA
Dear Kevin:
In response to your letter of February 14, 1992 regarding John J.
McAtee, the definition in the Zoning By -Law for a dwelling states
sanitation facilities, a bathroom is as close to sanitation facilities
as possible, so an interpretation of the term dwelling is not needed.
sincerely, '
onald J. ntos
Building Commissioner
Cc: John J. McAtee, Jr.
Randolph G. Sharp, Jr.
J. Gwynne Thorsen