HomeMy WebLinkAbout061-11 Ahnemann, Edward F. •
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: December 5, 2011
To: Parties in Interest and Others
e with
followingcision of
The BOARD OF APPEALS in t he Application
Application No: 061-11
Owner/Applicant: EDWARD F. AHNEMANN
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with 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 Land 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.
q i ( so)
Edward S. Toole, Chairman
cc: Town Clerk
Planning Board
Building Commissioner/Zoning Enforcement Officer
PLEASE NOTE: MOST SPECIAL RUCCGN TI LIMIT
AND WILL EXPIRE IF NOT ACTED PON AORDINTO NANTUCKET ZONING BY-LAW SECTION 139CIPLEASEMCALL'THEC 139-32 BOARD
(VARIANCES) ANY QUESTIONS,
OF APPEALS OFFICE AT 508-228-7215 .
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor' s Map 68, Parcel 98
Land Court Plan 14664-C
26 Sesapana Road
Land Use General - 3 Unit Deed: 14, 619
DECISION:
1 . At a public hearing of the Nantucket Zoning Board of
Appeals, on Thursday, October 13, 2011, at 1: 00 P.M. , in the
Public Safety Facility Community Room at 4 Fairgrounds Road,
Nantucket, Massachusetts, the Board made the following decision
on the application of EDWARD F. AHNEMANN, Po t Nancy Drahza
Boxl6of
Structures Unlimited, 2 Greglen Avenue,
Nantucket, Massachusetts 02554, File No. 061-11:
2 . The locus consists of a nonconforming lot, which
contains one single-family dwelling, with ground cover of 1496
square feet, or 4 . 57% . The owners wish to construct a cover 4sgruaie
foot garage on the site, thus increasing the ground
from 4 . 57% to 5 . 36% in a zoning district that allows a maximum
s
ground cover ratio of 3% . Accordingly, the applicant
relief by Special Permit under By-law §139-33 .A (4) (alteration
of preexisting nonconforming structures . and .lots) for the
addition of a 240 square foot garage t Nantuo kete Assessor hs Map Locus 68S
situated at 26 SESAPANA ROAD,
Parcel 98, is shown on Land Court Plan No. 14664-C, and is
registered as Certificate of Title No. 14 , 619 in the Nantucket
County Registry District of the Land Court. The property is
zoned Limited Use General - 3 .
3. Our decision is based upon the application and
accompanying materials, and representations and testimony
received at our public hearing. There was no Planning Board
recommendation, on the basis that no matter
received no written
was presented. The Board of Appeals writ to
communications from neighboring property owners in opposition
or in favor of the granting of relief.
4 . Ms . Drahzal explained to the Board that the Applicant
is requesting Special Permit relief pursuant to Nantucket Zoning
Bylaw Section 139-33 .A. (4) in order to alter the preexisting
nonconforming lot by adding a 240 square foot garage to the
Locus .
1
As a result of said alteration, the preexisting nonconforming
ground cover ratio will be increased from 4 . 57% to 5. 36% in a
zoning district that allows a maximum ground cover ratio of 3% .
Such pre-existing nonconformities are common in this area, with
numerous similar permits granted by the Board for this
neighborhood, as evidenced by the decision in Files Nos . 067-89
(authorization for a 2addtion sandcfore)increase ofSpgroundPcover
to validate existing
to 1, 988 SF) , 026-97 (Special Permit to increase ground cover to
2, 893 SF) , 046-99 as modified by 058-02 (Special Pe to
increase ground cover to 2, 222 SF) , and 089-01 (Special
add full basement and increase in ground cover to 2, 334 SF) .
These decisions repeat that, subject to Special Permit relief,
the Board of Appeals and the Building Inspector (who was
previously also the Zoning Officer) has treated these lots as
being subject to the requirements of the R-2 zoning district,
which allows 12 . 5% ground cover.
6. Based upon the foregoing analysis, the Board of Appeals,
by a vote of five members in favor (Waine, Koseatac, - Poor,
McCarthy, and Angelastro) , made the finding that the proposed
construction of a 240 square foot garage upon the locus, such
that the ground cover ratio will be increased from 4 . 57% to
5. 35%, would not increase the existing nonconformity noegcreate
any new nonconformities, and accordingly granted
Special Permit under By-law §139-33 .A for such alterations as
shown on the attached site plan as modified by Nancy Drazahl,
entitled, "Exhibit A - 26 Sesapana Road. "
SIGNATURE PAGE TO FOLLOW
2
Dated: (,(Gn Mv , 2011
Edwa d . Toole
` 1 J. O' ar.
P'{er Kosea jiL ac
llf
Michael Angelas`tr•4.---
6r,Cf
rsan McC. ly
COMMONWEALTH OF MASSACHUSETTS
Nantucket,ss.
aGt. ( ,2011
On this C. r y of ,2011,before me,the undersigned Notary Public,personally appeared
1 t a ,who is personally known to me,and who is the person whose
name is signed on the preceding or attached document,and who acknowledged to me that he/69 signed it
voluntarily for its stated purpose.
Not ublic: ' i a. &c it
My commission expires: i IV*(4
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NOTE: LOT SHOWN HEREON PREDATES
CURRENT ZONING.
OVERLAY DISTRICTS: PUBLIC WELLHEAD RECHARGE AS—BUILT PLOT PLAN
NEIGHBORHOOD EMPLOYEE HOUSING IN