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Home My WebLink About026-850 - S�S' TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 April 1, 1985 Re: IRA AND HELENE OSTROW (026 -85) Enclosed, please find notice of a decision of the BOARD OF APPEALS which- has this day been filed with the Town Clerk. Any appeal from this action shall be made pursuant to Section 17 of Chapter 40A of the General Laws, and shall be filed within twenty (20) days after this date. William R. Sherman, Chairman BOARD OF APPEALS BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing on FRIDAY, MARCH 29, 1985 at 1:30 p.m. in the Town and County Building, Nantucket, rendered the following decision in the Application of IRA AND HELENE OSTROW (026 -85). 1. This is an Application for a VARIANCE under SECTION 7H for relief from the ground cover requirements of SECTION 5 of the Zoning By -Law. If granted, the Applicants would be able to construct an outdoor lap -type swimming pool in addition to a single - family dwelling, together exceeding the permitted ground cover. The parcel is located at 76 POCOMO ROAD, Lot 37, Plan 16220 -L in the Zoning District LIMITED USE GENERAL -3. 2. Based upon the Application papers, a site plan dated 2/1/85 re- vised 3/11/85 received at the Hearing, representations, testimony and letters, we understand that Applicants have obtained from their architect substantially complete working drawings for their proposed single- family single- story, 1675 SF residence. This structure includes an attached single - car garage. That and-all the living areas are tightly integrated and massed for aesthetic conformance with the site's irregular topography. No area could readily be characterized as excess, to be left out by election to leave total ground cover with the proposed swimming pool under the 1699 SF limit for the approximately 1.3 acre site, i.e., 56,678 SF.(Ground cover ratio for LUG -3 is 3% and 120,000 SF the minimum lot area, by up- zoning since the parcel became a lot of record. No claim of exemption is made under Section 7I2 Paragraph 7 or 8.) 3. Under the By -Law, swimming pools, the actual pool structure as distinguished from any surrounding deck, are included in the Application of "ground coverage ratio," see Section 2, Paragraph 13. According to Appli- cants, that was not realized by them nor their architect, the coverage being excluded in other towns. Counsel's advise was obtained only recently. 4. Applicant Helene Ostrow is, as confirmed by letter of March 5, 1985 from her orthopaedic surgeon, received at the Hearing, afflicted with ideopathic synovitis, that is, hip -joint inflamation of undetermined cause. naily ci.,imc arp in(I i�.atPrl ac the mncfi PffPPtiVP trPAtmP_nt. inclUdlnQ -L- (026 -85) through the May to October season when Applicants are on Island. We are told Applicants would sell and purchase another site, if necessary, in order to assure Mrs. Ostrow this swimming therapy. (Nantucket presently has no public swimming pool. The Harbor, while close to the site, generally has not warmed for swimming early in the season and is more difficult of entry and egress than a pool.) 5. The Planning Board recommendation was favorable. One abuttor's letter was received, opposing on the misappprehension that the pool would partly be on her property, also out of concern that the aquifer under Pocomo point might be depleted in filling the pool. Applicants' self- interest appears sufficient to insure against diminishing the water supply since they would be most immediately affected. 6. Applicants face substantial hardships if they (a) must redesign the dwelling as multi -story for a smaller footprint, or (b) must seek a larger site where the dwelling as designed might not conform due to its fitting uniquely to the topography of the present site, or (c) must accept other, less effective therapy. 7. We find, therefore, uniqueness as to topography, hardship and overall, that the relief sought may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the By -Law. 8. The Board, by UNANIMOUS vote, hereby GRANTS to Applicants a VARIANCE enabling them to construct an outdoor swimming pool sited with respect to the dwe -.ling and together constructed substantially in accordance with the referenced site plan, with one restriction characterizing the pool as a lap -type for therapy, that is, the pool shall be limited to two lanes, overall 14 feet by 40 feet, or equivalent not exceeding 560 square feet and 14 feet in width. Dated: April 1, 1985 Nantucket, MA 02554 ° A/1-ft William R. Sherman Dorothy Vollans Marshall Beale 36 NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, MARCH 29, 1985 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Appli- cation of IRA AND HELENE OSTROW (026 -85) seeking a VARIANCE under SECTION 7H for relief from SECTION 5 (ground cover ratio) of the Zoning By -Law. If granted, the Applicants would be able to construct a 20' by 40' outdoor swimming pool related to physical therapy needs, that would exceed the ground cover ratio by 800 square feet. The property is located at 76 POCOMO ROAD, LOT 37, PLAN 16220 -L and is zoned LUG -3. William R. Sherman, Acting Chairman BOARD OF APPEALS AB -1 FEE $100.00 Case No. 0 z,& - APPLICATION TO THE BOARD OF APPEALS Nantucket, Massachusetts To the Members of the Board of Appeals: The undersigned hereby applies for relief from the terms of the - (ZONING BY -LAW) (BUILDING CODE) on property described below: Location of Property 76 Pocomo Road Lot No. 7 Plan No. 16220 -L District in Zoned for LUG 3 Type of structure (Existing or Proposed) or proposed us(-: Dwel ling Owner'a Name Ira &- Helene Ostrow_ Owner'a Address P. 0. Box 13, Oradell, NJ 07619 When did you acquire this property? September 6, 1984 Has application been filed at Building Department? No Has any previous appeal been made-? No Section of By -law or Code from which relief is requested: seeking a variance exempting applicants from ground cover requiremen s of Section V to the extent of 800 sq. feet. r Reason for asking relief: To allow the construction of a 20' x 40' outdonr swimming pool in addition to the house the pool being necessary to fulfill Mrc nerrnw's need to swim daily as part of a physician prescribed nh)ysjcal therapg pirngrnm Signature of applicant Richard V. Glidden ATTACH: (1) A list of the names and addresses of each abutting owner and owner abutting the abutters. $100.00 (2) Check in the amount of $3KWmade payable to the Town of Nantucket. (3) Map or plan showi�g the location of the property to be considered. i (4) If the applicant is other than the owner, please indicate your authority to make this application. BOARD'S DECISION Application submitted to Board a IzI / e�/ Advertising dates t Hearing date Decision of Board Deoiaion filed with the Town C!ert; oard of Appeals ?.ist of parties in interest in the rnatter of th,: petition of: Ira $ Helene Ostrow ire P. 0. Box 13, Oradell, NJ 07649 rrperty address: 76 Pocomo Road LOCUS 15 -038 15 -27 Vincent, Sanborn $ Priscilla 28 N. Caliboque Cay Hilton Head Island, SC 29928 -31 Truesdale, Bruce J. & Joanne B. 4 Penn Road Peabody, MA 01960 -35 Weeden, D. Reid f, Barbara J. 4 Overlook Way Winchester, MA 01890 -36 Siddall, William R $ Abigail Tucker 1616 Beechwood Terrace Manhattan, KS 66502 -37 Stewart, Edward J. $ Margaret 240 Devonwood Drive St. Simons Island, GA 31522 -39 Siddall, Gertrude A. 124 Whipple Road Kettery, ME 03904 -40 Thomas, Francis W. $ Irene June 209 Grove Road So. Orange, NJ 07079 -41 Burgdorf, Jean T., et al 480 Morris .Avenue Summit, NJ 07901 -42 Savage, Ruth F. 20 Westmont Street Wiest Hartford, CT 06117 19 -1 Nantucket Conservation Foundation, Inc. 118 Cliff Road Nantucket, NL1 02554 Town of Nantucket Nantucket, MA 02554 _._. �'j tCe foreqoin, is a list of perBCils Who are owners of larl i at Ittiny .lie er r r :.nd 0" "ers of land directly opposit_ the property on any 9t3 ::et )r r c YI -� -OAe� withi:: 3j0 felt of the property, all as they appear on the :rest ce::t applicable TAX list. 1 ate azj'a 4ssessor -- Town of Nantucket 1 3.1 AC. ..-__ ....... O - 2 6 � 16 17 ID 3 1.4 AC. ' 4 8 -4 _ 10 - "2.2 #C- 11 i2 LS AC. ;U 1 8 3.6 AC. 3.6 AC, 1.0 AC. 6, 16 2.8 AC. I.I AC. 2.0 AC. D 2.1 AC. 3.6 -AC. 46 7 {AF.. L3 A0. 14 Y � 13 \ ♦4 1.4 AC. POCOMO � 33 32 1.4 AC. 43 9� 34 ` 42 \ 36 30 20 31 a 2 6 L3 AC. 4.0 AC. 3.• AC. 3.8 AC. 4.8 AC. 4.0 AC. ' 36 P.000MO 1.7 3 AC. 1.4 A C. I 40 1 1.4 AC. - 38 1. 3AC. lN' 27 39 - 11.1 AC. �p'� L4'LC. 7 4.0 AC. 19 -1 'he Town cane County of C -7ED W SCHOFIELD BROTHERS, INC. =L:.:D z = o PROFESSIONAL ENGINEERS REGISTERED LAND SURVEYORS p� ALNTIJCKJ" 148 FEDERAL ST., NANTUCKET, MASS. Z v0 . O ' �d tl"� �.'l Ml� �1 ( (� { ` gL wa\l� l7 � � lllsett ►7 +`'�ti• LLEWELLYN G o . .j�L`, ,?'.. - h N ]Y <