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Home My WebLink About104-85' A TOWN OF NANTUCKET BOA-RD OF APPEALS IvANI 'LT(`h T, N1ASSACH[_ E:TTS U255 December 9, 1985 Re: PHILIP L. THOMAS (104 -85) Enclosed, please find notice of a decision of the BOARD OF APPEALS which has this day been filed with the Town Clerk. Anv appeal from this action shall be m, pursuant to ection 17 of Chapter 409 of the Cener3l Laws, and shall_ be filed within twenty (20) days after this c.nte. William R. Sherman, Chairman i30AL:G OF APPi--:ALS BOARD OF APPEALS - TOWN OF NANTUCKET A NANTUCKET, MASSACHUSETTS 02554 DECISION: At a Public Hearing of the BOARD OF APPEALS held on FRIDAY, NOV- EMBER 229 1985 at 1:30 p.m. iP the Town and County Building, Nantucket, in the matter of the Application of PHILIP L. THOMAS (104 -85), address 55 Monroe Ave., Chicago, ILL, the Board finds: 1. Applicant seeks a VARIANCE from the intensity regulations (allowable ground cover) of Zoning By -Law SECTION 139 -16A. The premises are located on COFFIN STREET, in Tom Nevers, Lot 279, Assessor's Map 91, Parcel 39, in the zoning district LIMITED USE GENERAL -III. 2. Our findings are based upon the Application papers, corres- pondence, testimony, representations and partial copies of HDC Certi- ficates of Appropriateness received at the hearing. It appears that Applicant, soon after acquiring the property, applied to the Historic District Commission on March 17, 1983, to obtain a first Certificate of Appropriateness for a dwelling. It was to have a 1500 SF footprint ( but 50' x 26' - ?), apparently a 2 1/2 story house with extended front and rear dormers and decks. Because the lot is about 1/2 acre, far below the 120,000 SF minimum size in LUG -III, ground cover is limited to 1500 SF per Notes to Section 139 -16A. The decks (10' x 40') covered 400 SF. 3. A second Certificate of Appropriateness sought July 25, 1984, called for an 18' x 14' addition having a 222 SF footprint, already exceeding the 1500 SF permitted total, by these figures. A third filed October 11, 1984 concerning a 20' dormer is not germaine, while a fourth of January 24, 1985 was to "alter porch roof to deck ", with french door replacing a window to provide access at the second -floor level. 4. Applicant is said to believe that corresponding updates of the original Building Permit were sought and obtained but none were produced (104 -85) -2- and none evidenced in the records of the Building Inspector except a lop_ book entry noting the proposed 222 SF addition. We are told that construc- tion of the house was begun months before issuance of a building perrrnit. In any event, roofing over the front first -floor deck with a second -floor deck further aggravated the excess over allowable ground cover, some 220 SF of which Applicant now seeks relief for. Apparently, a comparable rear first -floor deck was constructed without being covered. 5. Construction with excess ground cover was, we are told, due to Applicant's unfamiliarity with the reckoning of ground cover to include porches, i.e., covered decks. However, Mr. Feron, a local builder res- ponsible for the work and necessary permits, did not disclaim familiarity with ground cover determination. He may have assumed (wrongly) that the later Certificatesof Appropriateness were copied by HDC staff to the Building Inspector but that would not seem material in considering excess ground cover, whether arising from the addition balancing the original wing or from the roofed front porch. �. While the Planning Board's recommendation was favorable, parties in interest were opposed to any relief. 7. No evidence of the legally required hardship (other than of Applicant's own making) or uniqueness was presented to support a variance. 8. Nor can we find that relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the zoning chapter. 9. Accordingly, upon motion to grant the requested relief, the Board UNANIMOUSLY voted in the NEGATIVE. Accordingly, relief is DENIED. Dated: December 9, 1985 Nantucket, MA 02554 y , a P a�. G William R. Sherman Anew J. Leddy / NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, NOVEMBER 22, 1985 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of PHILIP L. THOMAS (104 -85) seeking a VARIANCE under Zoning By -Law SECTION 139 -32 with respect to the intensity regulations of SECTION 139 -16, specifically, allowable ground cover. If granted, Appli- cant would be able to add a covered deck onto an existing dwelling. The property is located-'at TOWM NEVERS, COFFIN STREET, ASSESSOR'S MAP 91, PARCEL 39 and zoned LUG III. William R. Sherman, Chairman BOARD OF APPEALS AB -1 FEE $100.00 Case No. I,)q—i(/ � 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- LAta)(BUILDING CODE) on property described below: location of Pruperty Tom Nevers - Coffin Street Lot No. Assessor's Mao 91 -Plan No. — Parcel District is zoned for LUG III Type of structure(Existing or Proposed) or proposed use Residence ,owner's Name— Philip L. Thomas --- ---------------__.._--- ! )wner' s Address rg :•innT Avenue Chicago, 11 When did you acquire this property? 1983 _ — ilas application been filed at Building Department? Yes Has any previous appeal been made? No - - - -- -- - - - - -- _ -- Secti.)n •.)f By -Law or Code from which relief is requested: 139.16 Intensity Regulations - Allowable ground cov�r______- ____._____ le,i:•un for asking relief: Applicant Fs original plans called for front_porch deck_ without roof; then changed his plans and put a roof over the deck and then_ char ed clans and -Rut_ a deck o the second flnnr nupy tha first floor decks do not count as vround cover but porches do if they have a rnnfT__�ppllcant (continued on attached page) Sign�attuu�r�eli of applicant By his Attorney, Richard J. Glidden .ATTA Fi: (1) A list of the names and addresses of each abutting Cn4ner and owner abutting the abutters. (2) r. check in the amount of $100.00 made payable to the Town of Nantucket. (3) Four copies of the application and a map or plan showing the location of the property to be considered. (ai if the applicant is other than the o.n;e: DleasC irci.c:.=te your authority to make this application. BOARD'S DECISION Application submitted to Board Advertising dates ilearina date(s) Decision of Board__— Decision filed with the Town Clerk _ was unaware of this ground cover and he because the deck is 1720 square feet of 1500 square feet. distinction and has now been told that the deck counts therefore violates the ground cover of 1500 square feet 320 square feet and this brings the house to a total of ground cover which is in excess of the allowable limit as of CP !\!.A1,jTUCFET 7oard of Appeals pa:-ties in i:itore�-'t in the matter of the petition of: 55 Monroe Avenue, Chicago, IL Tom Nevers - Coffin Street LOCUS 91-039 91 -41.1 Lee H Dunn Inc 92.4-118 Ro er P Williams c/o Kevin Curran Box 806 - 11 Crestwood Drive Hollis, NH 03049 -36 Thomas Bannon thru 86 Tom Nevers Road -38 Nantucket, MA 02554 -40 Lang Real Estate, Inc. Federal Street Nantucket, MA 02554 Town of Nantucket Town Building Broad Street Nantucket, MA 02554 Richard J. Glidden, Trustee Tom Nevers Realty Trust 37 Centre Street Nantucket, MA 02554 92.4-86 Elsie R. & Frank L. Katz 11 Square Lane New Hope, PA 18938 Nantucket Conservation Foundation, Inc. 118 Cliff Road Nantucket, Massachusetts 02554 51 Homestead Lane Yarmouthport, MA 02675 92.4-185 Thomas J. & Mary E. Williamson -186 32 General Holway Road South Yarmouth, MA 02664 I ify the forepoirl."'y is a I'si 0" Pecs""; who are Ownclrs of land abutui!; , 011-, 6:1'k:'1,.)- -nd owners of Innd directly oppositc the property on any street or w.!Av, 0%,,-ners of land within 300 feet of the property, all as they appear on the y;ost 1scent applicable TAX list. `I own of rlwltucket 6 ).SAC, I 11 I I UNITED STALES NAVY a I' 15.0 AC. 110 2SAC. STATES NAVY • \ ws X7.11 At. - -v rr9 A a 0. 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