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Home My WebLink About064-99TOWN OF NANTUCKET BOARD OF APPEALS l NANTUCKET, MASSACHUSETTS 02554 Date: September ?~ 19 99 To: Parties Decision of following: in Interest and. Others concerned with the the BOARD OF APPEALS in the Application of the Application No.: Owner/Applicant: 06~ 99 IRA OSTROW, TRUSTEE OF 76 POCOMO ROAD NOMINEE TRUST 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. \- William P. Hourihan Chairman cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMT.T AND WILL EXPIRE IF NOT ACTED UPON ACCORDING~TO NANTUCKET ZONING BY-LAW §139-301 (SPECIAL PERMITS); §139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 Assessor's Map 15 76 Pocomo Road Parcel 38 Land Court Plan 16220-L, Lot 37 LUG-3 Cert. of Title 13,213 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., Friday, August 13, 1999, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of IRA OSTROW, TRUSTEE OF 76 POCOMO ROAD NOMINEE TRUST, of 8023 Fisher Island Drive, Fisher Island, FL 33109, Board of Appeals File No. 06~/-99, the Board made the following Decision: 1. Applicant is seeking a MODIFICATION of a VARIANCE issued in the Decision in BOA File No. 084-91 which allowed construction of a 560+ square foot addition onto an existing single-family dwelling. Applicant built a y 06+ square foot addition pursuant to that Decision and now wishes to construct a separate addition that would use the remaining permitted 150+ square feet of ground cover. In the alternative, Applicant is seeking new relief by VARIANCE under Nantucket Zoning Bylaw §139-16A to construct the addition as proposed. See also BOA File No. 026-85. The Premises is located at 76 POCOMO ROAD, Assessor's Map 15, Parcel 38, Land Court Plan 16220-L, Lot 37. The property is zoned Limited-Use-General-3. 2. The Decision is based upon the Application and the materials submitted with it and the testimony and evidence presented at the Hearing. The Planning Board made no recommendation as the matter was not of planning concern. There were no letters on file and no opposition presented at the Hearing. 3. Applicant stated that he had received relief by Variance from this Board in the Decision issued in BOA File No. 08~f-91 to construct a 560+ square foot addition onto his existing single-family dwelling. Applicant built an addition that had 406+ square feet of ground cover and did not use the remaining square footage. Certificate of Occupancy No. 8839-99 has been issued for the aforementioned addition. Applicant now seeks to construct a new 10' x ly' addition onto a garage structure in order to provide more storage space. The additional 560+ square feet of ground cover was permitted in an earlier Board of Appeals Decision in File No. 026-85 as well. The Board finds that the Decision in File No.08 -91 limited the additional ground cover to 560+ square feet for "an addition", which work was completed and a Certificate of Occupancy issued, in effect closing out the Decision. A Modification of the Variance in said Decision to allow the Applicant to now use the additional 150+ square feet for a separate addition is not possible. The Board finds that a new Variance would be' necessary to allow the additional 150+ square feet of ground cover and reaffirms the findings made in the Decision in 08 -91 that the land and buildings comprising the Locus are topographically unique, in that the existing dwelling does not lend itself to expansion entirely within the existing footprint. No adverse comments have been received and the existing structures, notwithstanding their nonconformity with maximum ground coverage, have existed for several years without controversy. The Board therefore finds that a literal enforcement of the provisions of the Bylaw would involve substantial hardship to the Applicant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Bylaw. _ 5. Accordingly, by a vote of four (~) in favor (Waine, Hourihan, Parent and O'Mara) and one (1) opposed (Toole), the Board GRANTS the requested relief by VARIANCE under Nantucket Zoning Bylaw §139-16A to allow the addition as proposed upon the following conditions: a. The addition shall have a maximum ground cover of 150+ square feet; and b. The new addition shall not be used for human habitation. Dated: September a~ 1999 William P. Hourihan, Jr. ~x;zCE~~.~E~3 + C~~I`~' °.""~.ERr<'S OFFICE ~IAN~`~t:>etET, MA 02554 ~~ ~' 2 ~ i999 s_i~~:___ . __.L~ _~ ~ s-P_n ~ --,~ . ~LERK:_ ~kl_ Da W. Wain ; Edward Toole TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1:00 P.M., FRIDAY, AIIGUST 13, 1999, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: IRA OSTROW, TRUSTEE OF 76 POCOMO ROAD NOMINEE TRUST BOARD OF APPEALS FILE N0. 064-99 Applicant is seeking a MODIFICATION of a VARIANCE issued in the Decision in BOA File No. 084-91 which allowed construction of a 560+ square foot addition onto an existing single-family dwelling. Applicant built a 406+ square foot addition pursuant to that Decision and now wishes to construct a separate addition that would use the remaining permitted 150+ square feet of ground cover. In the alternative, Applicant is seeking new relief by VARIANCE under Nantucket Zoning Bylaw §139-16A to construct the addition as proposed. See also BOA File Nos. 026-85. The Premises is located at 76 POCOMO ROAD, Assessor's Map 15, Parcel 38, Land Court Plan 16220-L, Lot 37. The property is zoned Limited-Use-General-3. r ~ n n~ William P. Hou ihan, Jr, Cha an THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. FOR ASSISTANCE PLEASE CALL (508) 228-7215. '~il•l y: ~~~~; ~, . ~-:~: ~BoA Form 1-89 v` , t:' . t'` ` Owner's name(s): Mailing address: ~~ ~'~-- Applicant' s name: ~~~ ~S1i 'f~ (.C~ 3 ~ r ~ Mailing address: ,SG ~ -- Location of lot: Assessor'h map and parcel number J~- 3 street address: ~ o ~GCoI~rJ ~~~ Registry Land ~Ct 'Pla , l~n Bk & Pg 7o-r 81an File ~ (oZZ4-L hot~~ , Date lot acqu red: ~,_/_ Deed ~et' ~30~~`3 Zoning district ~ UG"3 Uses on lot -.co~mmercial:'None ~ or MCD?_ - number ot: dwellings ~ duplex- apartments- rental rooms- Building date(s): all pre-8/72? ,~ or Iq~'~ 87 C of o?~ Building Permit appl'n. Nos. l~l~l"~S", ~~39~- 9~ Case Nos. all BoA applications, lawsuits: O~~ ~~~, Q Z~~~ ~'~ State tully all Zoningg 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 Findingq per Section 139-32A it Variance, 139-:OA if a Special Permit (and 139-33A if to altar or extend a nonconforming use). It ap~eal per 139-3~A ~B _ , attach decision or order a Baled. OK to a tac addendum . `~1'!~`~- ~ ,~ p~ Gt f~'! o CQ[ ~'CZ1yr oYl CJ ~ Ui ~S/C~ ~ w ~~~ Ft~ wc~. o g~.-~h~ ~1~... ~kC(a~aP, ~yY v~,,ri aheo ~ ac~P,1S~c~~cl cj drop ~c~ ~ S'(n Ctrs F_ ~G Eb.r~- Cc~n~-v~vc`~>'L o:v~ ao~CQ.i ~^on~ ~~,~rs~- 1`(e_ -'bu~ s e Q tra 5`o ccn-~ S°9S'~°-- ci nP w ca o~9 r ~ on o-P a ~arF I S'o~~~ ,~ ~'Y'h°) u~ lq-h r~ ~. w~Yrta ~ ~ /(ate ~ h `ttnQ~ ~e a ~ct~s merM rf. ~ n 7tw a c9 d~ (~4.(~~(1 ` A.~,~, ~i,n,~p- is SQL K'~ hcy ~ c u) I/a rr' n e. e- ~'e'jr 2 ~ u'1v~ r ,fin ~ 1~ Sfac°4-~`rXl / 3 ~-/(o ~ ~ yl row,-' d ~a.~o r/a ~'o . Items enclosed as part of this Application: orderl addendum2 Locus map- Site ~lan showing present +planne~Ic structures ~ o Floor plans presen proposed- 4lavat~s (IiD~approved?_). D O ~ rn r Liatinga lot area -3'rontaga sstbaoks GZ~ arking data W ~,~eeeeor-certified ad~resse~~ I~it 4 Bete ~'-'ma~l'~ ~abele z cote- ~ ~' ~ ~-' 200 fee payable to Town of Nantucket `pragf caps oovenant ~ ~I-- o (I! an appeal, ask Tom Clerk to send~ldg Comr ~ record to SoAT O LL1~ ~ I certify that a requested information submitted ie substantiall u`D~'~ --'~~ "1 aom lets and t s to th• bast of m knowlidgs, under th• pains andY ~_ "~~ ~ -' P Y r-- -~ I penalties of ry. "~ -~f SIGNATU Applicant ~ttorney/agent ,_ '~ ~ '~ ~~-~ . _~_ i~ J 3(If not owner or owner's attorney, enclose proof oP authority) ~> FOR BoA OFFICE USE Q Application copies reed: 4_-- or_ for BoA on~~~/ bY_~ One copy Piled with Town Clerk on_~~ 1~by-~~~~- complete? ~C~,(Do One copy each to Planning Sd and Building Dopt_p~?,~~/~r/r! by v $200 Pee check given Town Treasurer on~,,~p~'~( bYl.~ waived? Hearing notice posted-~mailed,~/~r/ I & M7/~/~ ~~~~ Hearing(s) on~~_ cont'« to_/~_, ~,~_. withdrawn?~~_. Decision due by_/~_ made~~_ tiled TC_/~_ mailed~~_ See related cases lawsuits ~ other NANTIICKET ZON=NO BOARD OP APPEALS TOWN AND COIINTY BIIILIIING Dame NAN'i'IICID;T, MA 02554 CASE No.O~-~ O ~ N /F ~ U' MLLIAM R. & ABIGAIL TUCKER SIDDALL ~~ 15- 36 + w CV O 193.46 193.46 ~- 0 I + Z w 0 ~' PROPOSE GARAGE ADD TION ~ M 10.7' X 1 .7' Q ~ rri ~ M ~ tV ~ m I z ap ~ °D STORAGE AND di GENERATOR BIN o ON CONC. SLAB TO BE RELOCATEI ~ OUTSIDE ADDITION o G cTR. /ce I (BROKEN) ELEC. TRANS. 36'+ /- POOL EQUIPMENT °D~SHOWE #~~' •• /~~ STORY JN. F. D.~ ~~~~ BALCONY LOT 37 54,822 sq. z a ~ o ~a~ 0 w O ~ g N /F SAMUEL GERSON TR. 15- 39 t J~~~`H Oi ~°~;Jq ,` ~ F,~;CI,'AEI_ ';, ~' ~ .>. `T a,acr•I~~IRrv r ~, CURRENT ZONING: LUG-3 ~ No. 27868 a` v MINIMUM LOT SIZE: 120000 S.F. 'F, °`!'~~tER~y . MINIMUM FRONTAGE: 200 FT. ~,? ~o~~ FRONTYARD SETBACK: 35 FL SIDE AND REAR SETBAC 0 T r ~ . ~... K: 2 . F ALLOWABLE G.C.R.: 3 5t + ~ q „/~ ,~ `'i EXISTING G.C.R.: SEE TABLE ~ I r~~ ~' FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN RELIES ON CURRENT DEEDS AND PLANS OF RECORD. TABLE GROUND COVER CALCULATIONS BUILDING 2160+/-S.F. STORAGE/GEN. BIN 3g+%-S.F. POOL EQUIPMENT EXISTING TOTAL 2205+/-S.F. 1'+ /- 0 z vi p~~~ Q Y~ C.l~ ~ 3 ~~ ~~~ H Q ~_ Q 0 (V H 0 0 0 J lL r ~~ a M Z ~ ~ >- ~- a J w a i U_ PLOT PLAN TO ACCOMPANY ZONING BOARD OF APPEALS APPLICATION IN NANTUCKET, MASSACHUSETTS SCALE: 1"=30' DATE: 6-25-99 DEED REFERENCE: LC.CERT. 17314 PLAN REFERENCE: LC.PL. 16220-L ASSESSOR'S REFERENCE: MAP: 15 PARCEL: 38 PREPARED FOR: IRA OSTROW NANTUCKET SURVEYORS INC. 5 WINDY WAY NANTUCKET, MA. 02554 PROPOSED GARAGE ADDITION 150 S.F. VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON. SEE VARIANCE (LC. DOC. N0. 32369 AND EXAMINATION OR A RECORDABLED SURVEYA TITLE LC. DOC. NO. 55700 N.B. 76/127 RE. GROUND COVER sy\ ~< ft. Z v~ 0 O O J r ~r Q M Z ~ ~ r- Q d J W Q U_ li N 0 F Mgss9~ RICHARD ~G~ K. -~ EARLE ~' CURRENT ZONING: LUG-3 No. 29416 ~' MINIMUM LOT SIZE: 120000 S.F. ~'~ss~~f~ISTER~~ MINIMUM FRONTAGE: 200 FT. Nql FRONTYARD SETBACK: 35 FT. SIDE AND REAR SETBACK: 20 FT. ALLOWABLE G.C.R.: 3 X +~ EXISTING G.C.R.: SEE TABLE FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN RELIES ON CURRENT DEEDS AND PLANS OF RECORD, VERIFlED BY FIELD MEASUREMENTS AS SHOWN HEREON. THIS PLAN IS NOT REPRESENTED TO BE A TITLE EXAMINATION OR A RECORDABLE SURVEY. TABLE GROUND COVER CALCULATIONS BUILDING 2160+/-S.F. STORAGE/GEN. BIN 3g+%-S. F. POOL EQUIPMENT 'TOTAL 2205+ /- S. F. SEE VARIANCE (LC. DOC. N0. 32369 AND LC. DOC. N0. 55700 ) RE. GROUND COVER '~ AS-BUILT PLOT PLAN IN ~~ NANTUCKET, MASSACHUSETTS SCALE: 1"=30' DATE: 6-25-99 DEED REFERENCE: LC.CERT. 17314 PLAN REFERENCE: LC.PL. 16220-L ASSESSOR'S REFERENCE: MAP: 15 PARCEL: 38 PREPARED FOR: IRA OSTROW NANTUCKET SURVEYORS INC. 5 WINDY WAY NANTUCKET. MA. 02554 N- 1427 D Z O ~~~~ ~~~ ~.~ i ~R~~, ~~~ ~~j ~if9~ C':1! ,' y• a ~, a ~ ~ 1D m O a f 2 0 ~ r ..~ 1, .:~l~.~:.: :Y'-fil'e', ..~ •' ~. .aa,i:~r., !'.;;~ •r r1i :: + • '~,,. m Mr .~~~~'s;.:Ira:O~strotiv°: Pocomo; NantiiGket~± m 77 n ' ; i' i r --~ G n ~•'i C r v z 0 ~_ m v -D 'O a c~ rn-- -.~ rn a G7 -v -° m O G ~ ~ ,, h:r R~ / ,~0'4~ .t! ,~ 0 ~) ..~ X09' j ~~ ~., f ~ .. ~^ r l , ' ^ _ D m ~ n D c Z ~ m D ~ 0 0 . ~Z ~ m z ~ m ~~ , ~ ~r ~ •'r. _•-j.:::~' o < a,_.. t.., .TJh• 'tti ~ ~\ :(~~M~' ` ,t <~ i~;'~• ' ~'Y,C.~~ f~,t•:}~. a ~, .. .t Tr : ~ ~ ~ it ~' ~ •. j}.. ` ~. •~ •~'s~::Ii~~aC~.~st~rQ`~'.. Poc ono; - •., . 1~I~:..~`.~ .~ .. ,. .... . . ,, . .. , 15-38 , .~, TOWN F 0 NANTUCKET MA ss. Certificate of Occupancy No. 8839-99 Structure 76 This certifies that the... .... ........... ............, located at No.................. Street... , , Pocomo Road , .:. , . , , Zone... ,LUG-3, .... , , . , , conforms substantially to the approved 8839-92 lot plan and detaiied statements for which Building Permit No ........................ .. was issued .... April 23 j ................. is g? Nantucket Ira Ostrow This certificate therefore is issued to ............. ........................ to occupy or .¢ use said premises or building or part thereof for the following purpose........ ...... ... ..... . ,.,,build. -406, sf 1, sbor~,addition ,living ,room and .bath .. ,. ,., ..,. C.O. is for work performed under•the above .permit subject to and in accordance with ali the. provisions of the Zoning By-.Law of the Town of Nantucket. Dated.;.,July .2, 1999......... .. .... .../.~.. . ... i~ .... ,. Building.Inepector. ,. <- .~...; `~ ~jj' '~~ ~~~~-,~Mate~}al~y°~spha~t t, #I~R~Uood ~~~ .;, Ot~~~ 1~~ •r~ .. ~ .. a.r .r~ o ; ~~ aterial ~'F~Size ~ x~ttFS ~ is } F~ i , :~ ~4~~~~' ~' j~' i' ~ s ?~ ~ ~ ~. - ~ ~~er~~~~l ofI!? # ~; hr~i~e r~ ~F~~r~: ~~Q~`g tet e= H~?~'~t# , ., , a s ~,~~3~r~3.~a ~ '4yf ~N. ~ „ '~ `#1. Ci: zo ~,~,•~y ~r..9 ~, ,: ~ --~y-i[jtf~ ~x~ tl~t:_ ~fM P^~~~~rtf~r .~~ ~, Q ~ ~g~ $$Cla S~12B ~?$~.Il~'4Ci; .h ~ i~.~'"{d ~ ~ ~?k.~i ~ frOm $v itr f `"'~` ` ~ ..tip}° <~: 5ot`fi£ Over~n~_{on' ` v~~ d', ti k:-.~ t~I~7`,' Co frb a~~"4,~,~ ~ ~~ ac ---------~-- i`~IT~'~iCat a ar ' =~ ideWall;'•:';~ .White Cedar Shin` les ` -~p~,,,,~, of pf [O~ {~' ~" ~~ ,iz ~ c .... g,? -L"°rlibgr~e ~,'omsr~~p.#,her ' ~ ~ .~ li° mdowv style: Double hung~~ `~ ~~~.Crahkaut ~ °..'~• - ~r~_ ~,~~t. `- ~•: ' muntins Snap 12 •Door type: Front r ^ ., ~8 ~---' . . , , .Other Material ~ ~ `- ~` .;, .. ,. ~. COLOR ~'~Sidewall .~ ~ --.' • Y "° . , Tt`odfin~ ~. .. -'. ... ~ -'-' boors ° . , run undation Fence ~ ' Shutters '. Deck _ '' ~ . ~i ~. - ~ tAS_ '. Received by HDC office ' ` t :~~. , : ,., . v... ,:. .:. ER`OF ECO _, , •~,. VALID FOR 12 MONTHS-FROM DATE OR- N ~--x APPLICATION. MAY BE RENEWED. NO STRUCTURE MAY DIFFER FROM THE .~4pPROVED /---_~ APPROVED. ~, / ~ ~ . APPROVED '%1, i. ~~" ~' ~~~OMMENTS : ~~~' ~ ~f .7 l (~. ~ ~L ~~ / -~ ,.~ .. / ..-.--.-1~' ys ~ j r ~ /' ~ ~ -- - ,~.~: , _ :.; . . ~, ;`• Via',, 1 . yt ! .: A ;...f ~ , d'). _ ~: - ,. „ _ - y1 - - - ,. t'' ,. .. '. .. jj •~ - ~}• _ T IS ~D '1.4 AC. 10 LD AC. 4. .. P.2 AC. 1 1 1 2 ~w-.' LO AG. .0 -. T - - l.LAC. ~2.O AC, LUC. ~ y t 1. fl L3 AC. - ~ ~ 1'. 14 ~• -L/AG. ~ POCOMO -- t az pr 3D 1.4 AC. 49 ~ ~ ~ ~- b t; 42 ~ \ 30 ~ bl - ' LbAC. i.OAC. !.• AC. 1.•AG.. t _ . \ - 9F .. I:D AC: - ~ ff LbAC. ~ ' Zf L+AC, `~ ai 1'_1 4.0 A6 j+ • ` ~~ ~hO~VYI iLll(~ (~Ot)IltV Uf Z k~ - •' SCHOFIELD BROTHERS, INC. ~~, S SMEEt INO rROf[ff10NAL [NOIN[[RS • R[OI~T[R[O IA NO 1YRV[YORt~ ._- W ==- 14A F[D[RAL iT., NANTYCII[T, MI-is. _ ~ ~ N ~T ~ ,y. /'.`~,. N W V 01 1 ~ or x w .. ~ i `'SIN At'V' ~.1 1T,4 F Mp ' 4• '14~ t' 4 c ~ wy7 r Z t • 1 • • Y 1 ~ ~ LLCWELLYN ycN ~.~ ~ = ILEYIELLYN 9G D VIN ( 7I n 31 11~~~~-~~ticlnx~ett~ ~ T. ~ Y. ~ ~ ~ >s 3 >a 3+ .~ ' SCNOFIELD ~'' $ SONOYIEID ~ (,'/ •1 y p ~ . Sc•1. (1 2.00) .•f Ne. Sli v0 ~f .•'tM. SM 40 ~ • M 63 ~.c0 0 7Q0 .°° °°° ~~gµ` ~W ~ ~, 4M0 suA•T~' M u 1~1 -. ! • ', . 75.bU~k $celtr i00 tfo 700.. _ ~ - • ~ .. K ..t n ~~ ~ - __._ ZONING BOARD OF APPEALS 14 South Water Street Nantucket, Mass. 02554 Robert J. Leichter, Chairman Spencer M. Cowan, Jr. Linda F. Williams, Vice Chairman Zoning Board Administrator Ann Balas, Clerk Telephone (508) 228-7215 To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. 084-91 Owner/Applicant: IRA OSTROW 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 a Complaint in court within TWENTY (20) days after this day's date. Notice of the action with a copy of the Complaint and a certified copy of the Decision. must be given to the Town Clerk so as to be received within such TWENTY (20) days-.~ Date : l y /~~~ ert J. eichter, Chairman cc: Town Clerk Planning Board Building Commissioner BOARD OF APPEALS TOWN OF NANTUCRET Decision: At a public hearing of the Nantucket Board of Appeals held on December 13, 1991, at 1:00 P.M., at the Town and County Building, Nantucket, the Board made the following decision upon the application of IRA OSTROW (084-91): 1. This is an application under Nantucket Zoning By-law Section 139-32.A, for a variance from the ground cover ratio requirements of Section 139-16.A. The subject property (the "Locus") is situated at 76 POCOMO ROAD (Nantucket Assessor's Parcel 15-38), is shown as Lot 37 on Land Court Plan 16220-L, and is situated in a Limited Use General - 3 zoning district. 2. The applicant has been before this Board previously in seeking variance relief for the Locus, in Case No. 026-85. At that time, the applicant and his former wife applied for a variance from ground cover requirements (3~ of lot area as a maximum, then and now, in this zoning district) to enable an in-ground swimming pool to be constructed, with X60 square feet of ground cover, notwithstanding the excess of ground cover thus created. This variance was granted, on the basis of Mrs. Ostrow's health requirements. 3. The applicant informs us that he and his former wife are now divorced, and the necessity for the swimming pool (which, however, has been constructed) has therefore passed. The applicant states that he desires to increase the term of his annual stay on Nantucket, and the existing dwelling cannot readily be modified to meet his accordant needs without increasing ground cover. Therefore, he requests a variance to permit him to construct an addition of up to 560 square feet of ground cover. 4. The applicant informs us that a survey performed at his request in connection with this application has revealed that the structures as constructed and now existing on the Locus total about 1,800 square feet in ground cover, while permissible ground cover of 3~ of the lot area of the Locus (54,823 square feet) is about 1,645 square feet. A reduced copy of the plan prepared as a result of this survey is attached hereto as Exhibit A. We are told that this nonconformity results from (a) miscalculation of ground cover in connection with planning of the existing home, (b) failure to count pool equipment and a storage bin toward ground cover, in accordance with former practice, and (c) change in manner of computation of ground cover as a result of the by-law change which includes all areas covered in the vertical plane, including overhangs over the foundation line. 5. We find that the land and buildings comprising the Locus are topographically unique, in that the existing dwelling does not lend itself to expansion within the existing footprint. No adverse comments have been received, and two abutters have contacted us in support of the applicant's request for relief. The existing structures, notwithstanding their nonconformity with maximum ground coverage, have existed for several years without controversy. We therefore find that a literal enforcement of the provisions of the by-law would involve substantial hardship to the applicant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the interest or purpose of the by-law. 6. Accordingly, we grant variance relief as requested, confirming the dimensions and ground coverage of the structures now existing upon the Locus as shown upon Exhibit A, and permitting the construction of an addition with up to 560 square feet of ground cover, by a vote of four members in favor and one (Balas) opposed. Dated: ~ 1992 Ann G. Balas kah/14/OSTROW ' EXHIBIT A `71` ~ n e 4 a 15-3 "~'` ~ ~ W+tt./AM J„ ~ AO/GA71 TvG K~)? S+DDAI-/- ~' 4! ,y '! I a ~ S1 A N ~ 4 ~Q ti al Z ~ ~ I I i W I 'L ti ~ ~ ~o~. M ~ ~ER(1If MFN J- 47 Z N ~~ ~~ 7l ~ µ sro RA4r q.Jn Q F- - - '~ G~E.Gro.E 6+./~ 1C .1( U~ + .y u, v E#1$r+HL - n J v.Inp fj -~ ~ ~~ IF iKIIML° M Z r ~ N R ~ ~ ~ ~ 3 ~, z a ~ ,u o J °~ ~~ Q h7 j I ~' N _ _ _ ~ i T .COT 37 i AREA: 54827] S. F, e a ~ 2 Q ~ ~ ~ al tj '. ~ u _ l~-s ~e i /5-39 ! N/f G.Ef2T2flpE A. srppq~,~ T°P'~ AS-BUILT PLOT PLAN GROUND Co/EIz GA~-G JLAT/ONS Li Ult.b l~/(i ,TSSSS.~ IN srozAb.e a~ t s.i NANTUCKET, MASSACHUSETTS Poo.. ERViP~rENr a si t. SCALE: i ~_ 30~ DATE: il~i4/9l CURRENT ZONING: ,C.U.G. 3 rorA1.. l~90o s.t, MINIMUM LOT SIZE: Izo/oons.>• - DEED REFERENCE: d•c.ccQr'tr,zr: MINIMUM FRONTAGE: iroo fr PLAN REFERENCE:t.c. PcA./iyzzo-~ FRONTYARD SETBACK: 3s ter. ASSESSOR'S REFERENCE: SIDE AND REAR SETBACK: Z n F'>,- ~ ~P~`e °P AOgs ALLOWABLE G.C.R.: s io = ~ 445 4F - 5se vnw~ucs(o t ~- SS oa' 'r'~s MAP: f s PARCEL: 3 S hoc u~ ,323-9~ QE; «µo ~~ g RIC KARD T. PREPARED FOR: EXISTING G.C.R.: cHS TABLE ~ EARLE SQA OSTRo4/ FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN y No. 29476 oe RELIES ON CURRENT DEEDS AND PLANS OF RECORD, o~ '~~CrS7EaE~ Q+~' NANTUCKET SURVEYORS INC. VERIFlED BY FIELD MEASUREMENTS AS SHOWN HEREON. s/o 4r ipN J 5 WINDY WAY THIS PLAN IS NOT REPRESENTED TO BE A TITLE EXAMINATION OR A RECORDABLE SURVEY. ~ %LC'~NTUCKET, MA. 02$54 N.B. 7G PG 127 N-142 ZONING BOARD OF APPEALS 14 South Water Street Nantucket, Mass. 02554 ~~/y,lQ~v CERTIFICATE OF GRANTING OF VARIANCE ANDfOR SPECIAL PERMIT (Massachusetts General Laws, Chapter 40A, Section 11) The BOARD OF APPEALS of the TOWN OF NANTUCKET, hereby certifies that a VARIANCE and/or SPECIAL PERMIT has been GRANTED To: (Owner/Applicant) Ira Ostrow Address: c/o Recede & Alger, P.~.~.~, Box 2669, Nantucket, Mass. 02584 affecting the rights of the Owner/Applicant with respect to the land or building at: 76 Pocomo Road, Nantucket, Mass. 02554 Deed Reference: L. C. Cert. 13,213 And the BOARD OF APPEALS further certifies that the attached Decision is a true and correct copy of its Decision GRANTING the VARIANCE and/or SPECIAL PERMIT and that copies of the Decision and of all plans referred to in the Decision have been filed with the Planning Board and the Town Clerk. The BOARD OF APPEALS calls to the attention of the Owner/Applicant that the General Laws, Chapter 40A, Section 11 (last paragraph) provides that no VARIANCE and/or SPECIAL PERMIT, or any EXTENSION, MODIFICATION or RENEWAL thereof, shall take effect until (a) a copy of the Decision is certified by the Town Clerk that TWENTY (20) days have elapsed after the Decision has been filed in the office of the Town Clerk and no appeal has been filed (or, if such an appeal has been filed, that it has been dismissed or denied) and (b) the certified copy is recorded in- the Registry of Deeds for the County of Nantucket and indexed in the grantor index under the name of the-Owner af-Record or is recorded and noted on the Owner's Certificate of Title. The fee for such recording or registering shall be paid by the ~~~ ~~~~ Ann Balas; Clerk t , , . , , ~~ . b~..' .. ~p`N ~n.[~y ss M~1 ~ N TOWN, OF NANTUC~~S 6` ~ z Nn~ ZONMG BOARD OF APPEA~~SSb~10 . ~1/~~~~~doe LIST OF PARTIES IN INTEREST IN THE~s ~R~THE PETITION OF PROPERTY OWNER:............~/..~'~-• .........................~..y,....................................... MAILING ADDRESS :.................................... ........................ ......... ..... rr~~ PROPERTY LOCATION:...........1..6..... aCarnO ~ ............ ASSESSORS MAP/PARCEL:.........L~.~ .4? ............................................. . , .. . ... SUBMITTED BY:.........~~..........Q ....1'.Q:.~ ....................................... ., SEE ATTACHED PAGES I certify that the foregoing is a list of persons who are o~mers of abutting property, o~mers of land directly opposite on any public or private street or ~vay; and abutters of the abutters and all other land o«•ners ~~•ithin three hundred feet of the property line of owner's property, all as they appear on the most recent applicable tax list. (M.G.L. c. 40A, Section 11 Zoning. Code Chapter 139, Section 139-29D (2) ). ........ C~ ~:.~ Q.. ~ ..9....... . DATE ASSESSOR'S OFFICE . TOWN OF NANTUCKET 060/qg TOWN OF NANTUCKET PAGE 1 09:31:23 OWNER'S MAILING ADDRESS LIST MUAS750 9.2 Map Block Lot Ouner's/Co-Ouner's Name Mailing Address/City State Zip Property Location 0015 0039 GERSON SAMUEL TRUSTEE 0040 WALNUT ST 0078 POCOMO RD MA REALTY TRUST WELLESLEY MA 02482 0015 0040 ANATHAN MONE III 40 WALNUT STREET 0084 POCOMO RD FILENES BASEMENT WELLESLEY MA 02482 0015 0041 *BURGDORFF JEAN T ETAL PO BOX 736 0086 POCOMO RD NEW PROVIDENCE NJ 07974 0015 0035 WEEDON D REID JR & BARBARA TRS 77 MASSACHUSETTS AVE-STE 4-240 0082 POCOMO RD WEEDON FAMILY NOMINEE TRUST CAMBRIDGE MA 02139-4307 0015 0036 SIDDALL WILLIAM R & ABIGAIL TU 0255 COUNTY RD 0074 POCOMO RD WALPOLE NH 03608 0015 0037 PARRY MICHAEL & FLOOD HARRY TR PO BOX 419 0072 POCOMO RD C\0 PARAFFIX SUNDERLAND MA 01375 NUMBER OF RECORDS = 6