HomeMy WebLinkAbout083-94TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
September `s, 1995
To: Parties in interest and others
concerned with the Decision of the
Board of Appeals in Application No.: 083 -94
of: MICHAEL A. FERRILL AND SUSAN E. FERRILL
Enclosed is the Decision of the Board of Appeals which has this
day been filed with the Nantucket Town Clerk. This Decision
provides a Clarification (not a Modification) or authorizes a
Temporary Permit under Zoning By -Law Section 139 -26H with no
twenty (20) day appeal period required.
cc: Town Clerk
Planning Board
Building Commissioner
(D P,3 r7y
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Michael J. O'Mara Chairman
Assessor's Map 68
Parcel 90
LUG -III
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
25 Sesapana Road
L.C. Plan No. 14,664 -C
Lot 28
Cert. of Title 16340
At a Public Hearing of the Nantucket Zoning Board of Appeals
held at 1:00 P.M., Friday, September 8, 1995 in the Selectmen's
Meeting Room, Town and County Building, Broad Street, Nantucket,
Massachusetts, on the request for CLARIFICATION of BOA Decision
083 -94, MICHAEL A. FERRILL AND SUSAN E. FERRILL, of 25 Sesapana
Road, Nantucket, MA 02554, the Board made the following Decision:
1. Applicants received a grant of relief by Variance on December
9, 1994 in BOA Decision 083 -94. The Applicants were allowed to
construct an addition onto their single - family dwelling, which was
comprised of a 24' x 28' section and a 7' x 20' section that would
be substantially sited upon an existing foundation footprint of a
section of the original house that was removed several years ago
under BOA Decision 016 -88. The figures reflected in Applicants'
original Application, addendum, the BOA notice to abutters and the
Decision, were later determined by the Building Department to be
incorrect when totaled together, i.e., the total ground cover square
footage sought at the time was 1996+ and the actual square footage
that Applicants were requesting was correctly totaled to be 2,301 +.
Prior to the Application's submission to this Board, an error was
made in a figure which carried through the rest of the calculations.
Applicants have submitted a request for a Building Permit seeking to
construct the 24' x 28' and 7' 20' additions as proposed at the
original hearing.
2. It is within the Board's jurisdiction to allow a
clarification of a Decision when there have been clerical errors
such as, in this case, incorrect addition of figures and
transposition of numbers to be added, that would not alter the
material facts of said original Decision.
3. Accordingly, the Board, by a vote of three (3) in favor
(O'Mara, Williams and Waine) to two (2) opposed (Angelastro and
Leichter), a simple majority needed to carry a grant of
clarification, GRANTS the CLARIFICATION of BOA Decision 083 -94 and
correct said Decision so that it reflects the following figures:
a. Page 1, paragraph 1, line 5: change the word "easterly"
to read "westerly "; line 7: change the number 111,484 +" to read
"1,489 +11; line 8: change the number 11512 +11 to read 11812 +11; and line
9: change the number 111,996 +11 to read 112,301 +11.
b. Page 1, paragraph 3, line 2: change the number 111,484 +"
to read 111,489 + 11j line 5: change the word "easterly" to read
"westerly "; and line 7: change the number 11512 +11 to read "812 +11.
C. Page 2, paragraph 3, line 9: change the number 111,996 +"
to read 112,301 +"; and line 9: change the number 116.53/" to read
"7.9/" .
a
d. Page 2, paragraph 3, second section, line 16: change the
number 111,484 ±" to read 111,489 +11.
e. Page 3, paragraph 6, line 5: change the number 111,996 +"
to read "2, 301 +11 .
All other conditions stated in BOA Decision 083 -94 are still
in force.
Dated: September /.S 1995 t i/
Micliael J. O'Mara
Michael F. Angelastro
Robert J. Leichter
RECEIVED
TOWN CLERK'S OFFICE
NANTUCKET, MA 02554
S E P 15 1995
TIME:
CLERK:
s
v`
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: -,? -,egQ" ;- 19 95
To: Parties in Interest and,Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.: 083 -94
Owner /Applicant:
E. FERRILL
MICHAEL A. FERRILL AND SUSAN
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 an complaint in 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.
Dale. Waine Chairman
cc: Town Clerk
Planning Board
Building Commissioner
E
TOWN OF NANTUCKET
BOARD OF APPEALS
Assessor's Map 68 25 Sesapana Road
Parcel 90 L.C. Plan No. 14,664 -C
LUG -3 Lot 28
At a Public Hearing of the Nantucket Zoning Board of Appeals
originally scheduled for 1:00 p.m., Friday, December 9, 1994 and
continued without opening to 1:00 p.m., Friday, January 6, 1995,
in the Selectmen's Meeting Room, Town and County Building, 16
Broad Street, Nantucket, MA, on the Application of MICHAEL A.
FERRILL and SUSAN E_ FERRILL of 25 Sesapana Road, Nantucket, MA
02554, Board of Appeals File No. 083 -94, the Board made the
following Decision:
1. Applicants are seeking relief by VARIANCE pursuant to
Nantucket Zoning By -Law §139 -32A from the requirements of
Nantucket Zoning By -Law §139 -16A, (intensity regulations- ground
cover ratio), to allow construction f a 24' x 28' garage over an
existing foundation and a 7' x 20' addition, on the easterly side
of the lot, between the proposed garage and the existing single
family dwelling. The lot currently has a ground cover of 1,484±
square feet and the Applicants propose to add 512+ square feet of
ground cover for a proposed total ground cover of 1,996± square
feet in a zone that allows a maximum ground cover of 1,500 square
feet. See BOA File No. 016 -88.
The premises are located at 25 SESAPANA ROAD, Assessor's Map
68, Parcel 90, as shown in Land Court Plan 14664 -C, Lot 26. The
property is zoned Limited Use General -III.
2. The Decision is based upon the Application and materials
submitted with it, testimony and evidence presented at the
hearing, and the history of this property and the Milestone Court
Subdivision_ The Planning Board made an unfavorable
recommendation on the grounds that the Applicants have not met
the statutory criteria to warrant a grant of Variance relief.
Fourteen (14) neighbors wrote letters in support of the
Application; there was no neighborhood opposition.
3. The Property includes a 30,056+ square foot lot, a single -
family dwelling with 1,484+ square feet of ground cover, and an
exposed, concrete slab garage foundation. The Applicants propose
to construct a 24' x 28' garage over the existing foundation on
the easterly side of the property and to construct additional
living space (7' x 20') between the proposed garage and the
existing dwelling. This proposed construction will add 512+
1
square feet of ground cover; the new, aggregate ground cover will
be 1,996± square feet, (6.530. The Property, in common with
other lots in this Milestone Court Subdivision, was created prior
to the enactment of the original Nantucket Zoning By -Law and had
the benefit of a zoning "plan freeze." This "plan freeze" was
extended by litigation and expired in 1984. The transfer of the
Property into separate ownership from adjacent land prior to the
expiration of the "plan freeze" protected this property as a
"buildable" lot. Further, a former Nantucket Building Inspector
and Zoning Ent4icement Officer determined that owners of non-
contiguous lots in this subdivision were entitled to construct
houses on these lots which complied with Residential -2 intensity
regulations on the condition that building permit applications
for such houses be filed with the Nantucket Building Department
prior to the expiration of the "plan freeze" in 1984 and the
Applicants adhered to the building plans filed with these
building permit applications. Ten (10) lots in this subdivision
were improved pursuant to the Building Inspector's determination;
the structures on each of these lots have an aggregate ground
cover greater than 1,500 square feet.
On December 14, 1984, the Nantucket Building Inspector
issued Building Permit No. 3787 -84 to a prior owner of the
Property for the construction of a single- family dwelling and
attached garage. A subsequent owner of the property, Thomas
Maroney, used this original building permit and a revised set of
unapproved plans to construct a larger house and attached garage.
The completed structure had a ground cover in excess of 2,000
square feet. Maroney then applied for a Certificate of Occupancy
for the completed house and garage. The Building Inspector
declined to issue the Certificate because Maroney's building
plane were not approved, the "plan freeze" had expired, and the
zoning intensity requirements applicable to undersized lots in
this LUG -3 district applied to the Property. Maroney filed for
Variance Relief (016 -88) and this Board denied his request on
February 18, 1988. Maroney thereafter razed the garage and a
portion of the house, leaving 1,484± square feet of ground cover,
and obtained a Certificate of Occupancy. An unsightly concrete
slab foundation exists on the old garage site. The Applicants
purchased the Property on June 9, 1994 as a permanent residence
for themselves and their five (5) children.
4. All twenty -two (22) lots in the Milestone Court Subdivision
have houses. Twelve (12) of the twenty -two (22) houses have
attached garages, and ten (lo) of the lots include structures
with an aggregate ground cover greater than 1,500 square feet.
The Applicants state that the proposed garage and additional
living space will provide safety and security for their family,
provide needed storage space for their personal property, allow
for the relocation of an electric water heater from the second
floor attic to the ground floor, allow for the relocation of
water pipes which run parallel to the exterior of the house, and
2
./
allow for storage of trash containers inside the garage. A
substantial majority of the property owners in this subdivision
were on record in support of the Applicants, request for variance
Relief.
5. The Board finds, therefore, that the history of this lot and
the location and shape of the existing house and concrete slab
foundation, are unique to this Property and do not affect
generally property in the LUG -3 Zoning District. Moreover, the
Board finds that the enclosure of the exposed, concrete
foundation slab by the new garage and the renovation of the
structure as proposed, will be consistent with the general
quality, character and size of the existing homes in this
subdivision; that the construction of the proposed garage and
living space will provide security to the Applicants and
eliminate safety hazards. All of these concerns are in harmony
with the intent and purpose of the Zoning By --Law. Further, the
Board's failure to grant Variance Relief would cause the
Applicants an economic and personal hardship by depriving them of
necessary living and storage space, and a reasonable means of
eliminating safety hazards which affect their property (i.e., an
exposed foundation and second -story water heater.)
6. Accordingly, the Board GRANTS the requested VARIANCE relief
under Zoning By -Law §139 -16A by unanimous vote so as to allow the
Applicants to obtain a duly issued building permit for the
construction of the proposed garage and additional living space
with an aggregate ground cover of 1,996± square feet, more or
less, on the following conditions;
(1) There shall be only one (1) dwelling unit on the Lot;
and
(2) The proposed construction on the Lot shall be in
substantial conformance with the plot plan filed with this
Application and shall comply with applicable state and local
laws, rules and regulations.
Dated. Nantucket, MA
WAINE,
ROBERT LEICHTER
WILLIAM HOURIHAN
RECE EG
TOWN CLERK'S OFFICE-
NANTOCKFT MA 02554
3 FEB 0 2 1995
TIME -- - -3 -YS ?/--tt - -
CLERKJ4_44�. , . CAL—
TOTAL P.00
Zoning Board of Appeals
South Beach Street
Nantucket, Mass. 02554
NOTICE
A Public Hearing of the ZONING BOARD OF APPEALS will be held
at 1:00 P.M., Friday, December 9, 1994, in the Selectmen's
Meeting Room, in the Town and County Building, Broad Street,
Nantucket, Massachusetts, on the Application of:
MICHAEL A. FERRILL AND SUSAN E. FERRILL
Board of Appeals File No. 083 -94
Applicants are seeking relief by VARIANCE pursuant to
Nantucket Zoning By -Law §139 -32A from the requirements of
Nantucket Zoning By -Law §139 -16A, (intensity regulations - ground
cover ratio), to allow construction of a 24' x 28' garage over an
existing foundation and a 7' x 20' addition, on the easterly side
of the lot, between the proposed garage and the existing single
family dwelling. The lot currently has a ground cover of 1,484±
square feet and the Applicants propose to add 512± square feet of
ground cover for a proposed total ground cover of 1,996± square
feet in a zone that allows a maximum ground cover of 1,500 square
feet. See BOA File No. 016 -88.
The premises is located at 25 SESAPANA ROAD, Assessor's Map
68, Parcel 90, as shown in Land Court Plan 14664 -C, Lot 28. The
property is zoned Limited Use General -III.
r
Dale W. Waine, Chairman
THIS NOTICE IS AVAILABLE IN LARGE PRINT OR
OTHER ALTERNATIVE FORMATS. FOR ASSISTANCE
CALL (508) 228 -7215.
M
25 Sesapana Road (the "Property ") is a 30,056 square foot
lot in a subdivision created prior to the effective date of
zoning. The Property was the subject of litigation that
commenced in 1974 and ended in 1977. The litigation extended the
zoning freeze in effect in 1974 through 1984.
The Building Inspector issued Building Permit 3787 -84 to
Roger J. Roche, a prior owner, on December 14, 1984 for the
construction of a single- family dwelling and garage. Thomas
Maroney ( "Maroney "), a subsequent owner, built the existing
single - family dwelling on the Property with the original Building
Permit using a revised set of plans he received from Roche for a
larger house and garage. Included in the revised plans was a 241
x 26' attached garage. The completed improvements had a ground
cover in excess of 2,000 s.f.
Maroney obtained all of the necessary inspections and
applied to the Building Inspector for a Certificate of Occupancy
on completion of the project. The Building Inspector informed
Maroney that the revised plans used were not approved by the
Building Department and denied the request on the grounds that
the structure had not been built in accordance with the original
building plans and that the structure, as built, violated the
Zoning By -Law. The Building Inspector maintained that the
dimensional requirements of the By -Law governing undersized lots
in a LUG -3 Zone now applied to the property because the freeze
period in effect when the Building Permit was granted had expired
in the interim.
Maroney appeared before this Board to seek Variance relief
to allow the as -built structure to stand. The Board denied the
requested relief in a Decision dated February 18, 1994 (016 -88)
and the garage and a portion of the house was razed leaving the
existing structure with 1,484 s.f. of ground coverage. A
Certificate of Occupancy was then granted for the Property. The
existing poured concrete slab and foundation for the garage
remained and still exists on the Property.
The subdivision is now improved with twenty two (22) homes.
Twelve (12) of the houses have attached garages, ten (10) of the
lots have structures exceeding 1,500 s.f. of ground cover and
seven (7) of those have structures exceeding 2,000 s.f. of ground
cover.
The construction of the garage and addition will benefit the
community by removing from view the existing concrete slab and
foundation and would allow the Applicants to improve the Property
in a manner consistent with the original design and more
consistent with the general quality, character and size of the
homes in the subdivision. The requested relief is in harmony
with the general purpose and intent of the Zoning By -Law. The
location and size of the structures and the existing foundation
and the history of this lot are unique to the Property and do not
affect the zoning district generally; this was the only lot where
construction commenced during the freeze period but a Certificate
of Occupancy was not obtained on the structure as constructed. A
literal enforcement of the provisions of this Zoning By -Law would
involve substantial hardship for the Applicants because the
addition and garage are needed for storage and living space for
the Applicants and their five (5) children. Because the proposed
structure is in keeping with the neighborhood generally, the
desired relief may be granted without detriment to the public
good and without nullifying or substantially derogating from the
intent or purpose of the By -Law.
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Date:
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LOT OF REcOF-jERZ
510EIAM 10'
ZONING:LUG-3
MINIMUM LOT SIZE:iu,000'-
MINIMUM FRONTAGE: .2cm'
FRONTYARD SETBACK:35'
REAR & SIDE SETBACK: ;O'
GROUND COVER RATIO:3 7.
PLOT PLAN OF LAND IN
NANTUCKET, MASS.
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