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HomeMy WebLinkAbout061-11 Ahnemann, Edward F. • TUCK�__ � C f 9i 3. .71 r '', ,_ _ _i 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 E - 3 TA173•t TO — _ SES,Q p4N4 —--_ m'OOT RO- DHCB " —— `——— FND. — _ E — __ ROAD S 79 24'18" e ~—_ — X10 165 ' — .00 — I ' DHCB 't I I r„FND e., a I I P Q �I / ii I � —NNE" LOT 17 1FEI • Dt AREA=30,496±S,F, d --- - --- - • ; '\ .--1 La I.v \\,�\`\` OFCyr v \\ \ \\ \\\ \ -' 1. \ 26 \ +'\\\ k. - \\ \ ,, `„i . \'. \ ,. \ \ \ 50'* to to Q) z - - N N co H to 16802.1 78' 6'24” W • NqNrijCK�/S/-gNDS,,„,---vv.C,BANk • NOTE: LOT SHOWN HEREON PREDATES CURRENT ZONING. OVERLAY DISTRICTS: PUBLIC WELLHEAD RECHARGE AS—BUILT PLOT PLAN NEIGHBORHOOD EMPLOYEE HOUSING IN