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Home My WebLink About084-911:�D <S 4--/ - 1��/ ZONING BOARD OF APPEALS 14 South Water Street Nantucket, Mass. 02554 Robert J. Leichter, Chairman Spencer M. Cowan, Jr. Linda F. Williams, Vice Chainnan 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 -., o �9 Date: lert J.j eichter, Chairman cc: Town Clerk Planning Board Building Commissioner BOARD OF APPEALS TOWN OF NANTUCKET 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 A'60 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 now divorced, and the necessity for however, has been constructed) has applicant states that he desires to annual stay on Nantucket, and the readily be modified to meet his increasing ground cover. Therefore, permit him to construct an addition o ground cover. he and his former wife are the swimming pool (which, therefore passed. The increase the term of his existing dwelling cannot accordant needs without he requests a variance to f up to 560 square feet of 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 11800 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 i kah /14 /OSTROW Ann G. Balas if edelvedl ✓ // /Yfl � • ZONING BOARD OF APPEALS South Beach Street Nantucket, Mass. 02554 NOTICE A Public Hearing of the BOARD OF APPEALS will 1:00 P.M., Friday, December 13, 1991, in the Town Building, Broad Street, Nantucket, Massachusetts, Application of: IRA OSTROW Board of Appeals File No. 084-91 be held at and County on the Applicant is seeking relief by Variance under §139 -32A of the Zoning Bylaw from the requirements of §139 -16A (Intensity Regulations - Ground Cover Ratio) to validate the existing structure on the premises. The maximum ground cover ratio permitted in the district is 3 %; the structure has a ground cover ratio of 3.28 % ±. In addition, relief is requested under §139 - 30A of the Zoning Bylaw to allow the construction of a 560± S.F. addition to the existing structure, which will increase the ground cover ratio to 4.3% In the alternative, Applicant requests a finding that the premises are exempt from the ground cover limitations of §139 -16A under the provisions of M.G.L. Chapter 40A, §6. See BOA File No. 026 -85. The premises are located at 76 POCOMO ROAD, Assessor's Map 15, parcel 38, as shown on Land Court Plan 16220 -L, Lot 37. The property is zoned LUG -3. 6,, //A C , k , Robert J. I& 'c er, Chairman r BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, HA 02554 CASE No. W -q APPLICATION FOR RELIEF owner's name(s): Ira Ostrow c/o Reade & Alger Professional Corporation Mailing address: 6 Young's Way, P. O. Box 2669, Nantucket, MA 02584 Applicant's name: Tra Ostrow c/o Reade & Alger Professional Cor ration Mailing address: 6 Young's Wav, P. 0. Box 2669, Nanrcket, MA 02584 Location of lot:- Assessor's map and parcel number 15 - 38 Street address: 76 Pocomo Road 42eglet -py Land Ct Plan, 16220 -L Lot 37 Cert. 13213 Date lot acquired: �� 87 Deed Re.f s Zoning district LUG-3 Uses on lot - commercial: None x or MCD? - number of: dwellings duplex __ apartments __ rental rooms Building date (s) : all pre -8/72? No or 1985 -87 C of 0? Yes .Building Permit appl' n. Nos. 4157 -85 Case Nos. all BoA applications, lawsuits: 026 -85 State fully all. zoning 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 finding per Section 139 -32A x if Variance, 139 -30A if a Special Permit (and 139 -33A if to alter or extend a nonconforming use). If appeal per 139 -3JA & B — , attach decision or order appealed. OK to attach addendum . The Applicant requests a variance from the ground cover ratio requirements of By -law Section 139 -16.A, of 3% in this district, to conform the ground cover ratio (as currently computed) of 3.28 %, and to permit construction of a proposed addition of up to 560 square feet in ground cover, resulting in ground cover ratio of 4.30 %. In the alternative, the Applicant requests a determination that no ground cover limitations exist by virtue of the first sentence of the fourth paragraph of General Laws, c.40A, §6. Am / Items enclosed as part of this Application: orderl addendum2 Locus map __j Site plan x showing present x +planned structures Floor plans present proposed .elevatlons (HDC approved ?_) Listings lot area —frontage stage setbacks GCR parking data Assessor- certifie =ddressee t 4 sets =mall ni g labels 2 sets 11200 fee payable to Town.of Nantucket x proof 'cap' covenant — (If an appeal, ask Town'Clerk to send Bldg Comr record to BoA.) I certify that the requested information submitted is substantially complete and true to the best of my knowledge,' under the pains and penalties of pe jur . SIGNATURE: Applicant Attorney /agent x 3(If not owner or owner's attorney, enclose proof of authority)