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Home My WebLink About038-78 CJ3~.-7~ '1\p BOARD OF APPFALS Nantucket, Massachusetts DECISION: At a regular meeting of the Board 0f Appeals held December 19, 1978, at the Town Buildinq, in the matter of the petition of WILLIN1 YAroW (038-78), after due deliberation, the Board found: 1. The petitioner owns a one-acre lot in Pocomo in a district zoned LUG-3 requiring 120,000 square feet. Under the by-law, he could construct a house of 1,429 gquare feet, but requests a variance to construct a house of 2,784 square feet on Lot 20, Land Court Plan No. l6220-A. Of this area, the house itself will cover 1,684 square feet and the balance will be garage space. The area is sparsely populated and the petitioner's lot is in an area dedicated to open-space preservation. 2. The petitioner has owned this land since 1974, has recently sold his previous home and desires to construct a suitable residence for his family. He has encountered a hardship since the configuration of his lot in this area would dictate an unusually small house under the allowable ground cover ratio. The policy of the Board favoring construction of garages in area such as this, the actual extent of the dwellinq are~is not detrimental to the neighborhood. Therefore, a literal enforcement of the by-law would involve substantial hardship. 3. Relief may be qranted without substantive detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the by-law. 4. 'T'he variance is gTanted~ unanimous 'lote. ~~~~~~~ \Ll L,t'l~ '\ '. ~ ~ ~\>v... ~~~.~~ \ ~~~~ BOAED OF 1'.PPEAI.S rMJL (l f ' /Jl~ \ \ " '...;., I -~-- I I / , I , I ",.. ,/ .0'_,__ ~..,,- .,.,... '." ..~ FEE '''''"''~''''''''''''''~'''''''''''''''''''''''''''''''.''''"'''''''''' '''''''''''''''''~~''.S'''''''N''~'~~,i'''''!J!O'''~ a e' 0.'.... .' '. ~ APPLICATION TO THE BOARD OF APPEALS Nantucket '\-''So - Lb To the Members of the Board of Appeals: The undersigned hereby applies for relief from the terms of the (ZONING BY-L.~W) (BUILDING CODE) on property described below: Location of Property O~ \' \"::. '-0 . U) ~ Lot No. Plan No. ~ l'J (I '-\ District is Zoned for \._'....) \...~1 '.>1.1.. C),,( ~'.l.. / Type of structure (Existing or Proposed) or proposed use: \" -J ~0 Owner's Name I.') V-"-\\ ~.: \ '-l. 'tI."II.( l \ /Y Owner's Address ';,\.~\",)~\':.F\ \\.c ),,,,,'~ . When did you acquire this property? \'\ l ~ Has application been filed at Building Department? \.......... i,J Sectlon, ';l,,- .~L \j\iLl~ 't_j~",,-\.t,,1.;> ,J\ \\ O~ G. 'l c;2,,-\ ~ (::'il...:'--,b ...) -1',.;, :..? . ,:U\.j '\'~ ~,)') ,. '- \. - \ -\ ... "\ \\:- Signature of applicant ,j , " ATTACH: (1) A list of the names and addresses of each abutting owner and owner abutting the abutters. (2) Check in the amount of $50.00 made payable to the Town of Nantucket. (3) Map or plan showing the location of the property to be considered. (4) If theapplif,antis other thaD the owner, please indicate your authority to make th,.'<l1J)phcation.- -~ BOARD'S DECISION Application submitted to Board .~ dvertising dates Hearing date lo/Jr Decision of Board Decision filed with the Town Clerk ~- 1..'".__ In the matter of Robert C. Murray, et ux (039-78), Attorney Michael Driscoll appeared for the petitioner and stated the Murrays wish to expand a non-conforming use on land on Atlantic Avenue. The property presently contains four rental cottages and they would like a Special Permit to add an additional four cottages for rental purposes. He stated this use would not be substantially more detrimental to the neighborhood. He also stated it was uneconomical to operate at the present capacity of four cottages due to the increasing maintenance cost in relation to the potential return. He also mentioned the possibility of providing winterized cottages for school teachers in the area. Mr. Murray also spoke in favor of his petition. The Board requested the size and location of the buildings. Mr. Wayne Jacquith commented in opposition that four cottages and an additional house would be an excessive request in light of the notice relating to four cottages only. There were no other speakers and no correspondence except a letter from the Planning Board recommending unfavorable action on the Special Permit. The Board requested Mr. Driscoll to submit plans showing the size and location of the proposed buildings. The Board then took the matter under advisement, the plans to be submitted by Decewber 30, 1978. In the matter of the petition of William Yarmy (038-78), Mrs. Cahoon retired from the Board and Associate Member, John L. McLaughlin sat on the Board. The petitioner was represented by Attorney Richard Glidden who requested a variance to construct a house off Pocomo Road on Lot 20, Land Court Plan No. l6220-A, which house would exceed the allowable ground cover under Section V. The allowable ground cover of this one-acre lot is l,429 square feet, and the house requested would cover 2,784 square feet. The petitioner is suffering a hardship in that he is being deprived of the proper use of his property. He has owned this land since 1974 and has recently sold his home in Sconset. Although the house will exceed the ground cover by a substantial amount, the majority of this excess is accounted for by the pro- posed garage, which will have no living area or plumbing facilities. He stated that the Board has traditionally excluded garages from computations of ground cover. In addition, the property is located in a sparsely populated neighborhood and is bounded on two sides by property will be preserved for conservation purposes. It was noted that the 3-acre zoning applicable to the majority of Pocorno permits only a 3% ground cover, which creates an unusually small hou~e on a l-acre lot. There were no persons heard in opposition to the petition. Letters were received in support of the petition from Nantucket Planning Board, Christine Carter, Albertand Amy Brock, and John and Loretta Mendonca, being all the immediate neighbors of the property. mkn n"~rA ~nn~ ~h~ n~tition under advisement. ., , ~ .// - /y /- ....----' Ii I Ii II There beinq no further business to come before the b, " ion motion duly made and seconded, the meeting adjourned. I' I r '\~~~~'-~ \~\ ~~ \"l, ~~ ~~ \.............. ~.~~ \ ~~--- . - ~ \ BOARD OF APPEALS ,/) / rj i '{dc.)1: /c,~~~7 , .~ -j /, ~ {rlt . 1<. ~~)d~7.:L-r .f( ~ ---' #~"""'I -/ ( ;y~ J V.,;A-!?;,f ~. G-L.-F-.-<-' ~+-l