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Home My WebLink About006-96 BOARD OF APPEALS OF NANTUCKET TOWN OF NANTUCKET NANTUCKET, MA 02554 ************************************************************************** File No. 0C6_ f Map 40 Parcel /2-6— IN RE: THE APPLICATION OF e /iLh 01--tan , CUrict Tls!- ************************************************************************** Upon the request of the Applicant(s) made prior to (check one) ,/ A after publication of notice of a public hearing on the above captioned application, we acknowledge as a matter of right and without: prejudice (check one) \/ n approve without prejudice approve, but with prejudice r • the withdrawl _ in full of the said application. (check one) of so much of the said application as Dated_ arm7 .. ot0,14TUC,r4r TOWN OF NANTUCKET 7 °?t N BOARD OF APPEALS Al E� PoR NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1 : 00 P.M. , FRIDAY, JANUARY 5 , 1996 , in the Selectmen ' s Meeting Room, Town and County Building, Broad Street , Nantucket , Massachusetts , on the Application of the following : DOMINICK ALFIERI AND EILEEN ALFIERI , TRUSTEES OF WINDSONG NOMINEE TRUST BOARD OF APPEALS FILE NO . 006-96 Applicants are seeking a MODIFICATION of Board of Appeals Decision 031-73 pursuant to Nantucket Zoning By-Law §139-32A. Applicants propose to add a second story to an existing single-family dwelling without any increase in the ground cover . The Locus is non-conforming as to lot size, having a lot area of 19 , 350+ square feet in a district that requires a minimum lot size of 40, 000 square feet; as to frontage, having twelve ( 12 ) feet of frontage by easement or Shimmo Pond Road; and as to ground cover ratio , having a ground cover of 3316+ square feet or a ground cover ratio of 17 . 14+ in a district that requires a maximum ratio of 7%. The premises is located at 38 SHIMMO POND ROAD, Assessor ' s Map 43 , Parcel 125 , as shown as Lot 10 on Land Court Plan 11461-B and as Lot 7A-1 on Land Court Plan 11461-D. The property is zoned Limited Use General-I . gP /I; Michael J . 0 ' ara, Chairman THIS NOTICE iS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. FOR ASSISTANCE CALL (508) 228-7215 . BoA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS • TOWN AND COUNTY BUILDING, ' Date NANTUCKET, MA 02554 CASE No APPLICATION FOR RELIEF • Owner's name(s) : DOMINICK ALFIERI and EILEEN ALFIERI, Trustees of WINDSONG NOMINEE • Mailing address: 399 Thornall Street, Edison, 'New Jersey 08837 TRIIST Applicant's name: DOMINICK ALFIERI and EILEEN ALFIERI. Trustees of WINDSONG NOMINEE Mailing address: 399 Thornall Street, Edison, New Jersey 08837 TRUST Location of lot: Assessor's map and parcel number 43 - 125 Street address: 38 Shimmo Pond Road, Nantucket, MA 02554 Lot 10, L.C. Plan No. 11461-B; Lot 7A-1, L.C. Plan No. 11461-D Registry Land Ct Plan, Lot Date lot acquired: 21/21/ 95 4 Cert. No. 16,773 , Zoning district LUG-1 Uses on lot - commercial: None x or MCD? - number of: dwellings 1 duplex. apartments rental rooms Building date(s) : all pre-8/72? or C of 0?Yes Building Permit appl',n. Nos. Case Nos. all BoA applications, lawsuits: 031-73 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 if if Variance, 139-30A if a Special Permit .(;und, l39-33A if to alter or-extend it nonconforming Use) .* If appeal per 139-32A & B _ , attach decision or order appealed. OK to attach addendum'. The Applicants seek a Modification to Variance No 031-73 pursuant`to:.5eot3'p6t • 139-32A of the By-law to allow them to construct a secondtkibjac$ifltq tart existing• single family dwelling on the Property,.without a ` ' !`%E existing ground cover. See Addendum "A.. ucrease�ia_ae ' DEC 1- 1g9� � fi4. Items enclosed as part of this Application: orderl addendum2 x Locus map x Site plan x showing present x +planne x "'structures Floor plans present x proposed x elevations x (HDC approved? x) . Listings lot area C7rontage setbacks;;g__ GCR,.,g_ parking data,_g__ Assessor-certified addressee list 4 sets coaling labels..? sets % $200 fee payable._to_ 'own••of Nantucket•x proof•. . 'cap' doi7enant (If an appeal, ask Town Clerk to sena Bldg Com s record to BoAT I certify that the requested information submitted is substantially complete and true,t•. e est-of my knoT wled e, under the pains, and penalties of perjur, G OMINE TRS SIGNATURE: B,: Wit i icant Attorney/ x 3 Kevin F. Dale, Attorney (If not owner o owner's attorney, enclose proof of authority) FOR Bo OFFICE USE Application copies see d: 4 or or f oA on f by One copy filed with Town Clerk oneby ( m co lete? L_ • _ p. One copy each to planning Ad and Building De t bye $200 fee check given Town Treasurer on 2 L ' b YQLwaived? Hearing notice poste mailed 1/ & ML J, ik/ (' Hearing(s) on-_/_/ cont'd to _/_._/ , ___/,_/ withdrawn?___/_/_ Decision due by_/� made_/_/ filed. TC___/-__/ mailed_/_/_ See related cases lawsuits other ADDENDUM A The Applicants, Dominick Alfieri and Eileen Alfeiri, Co-Trustees of Windsong Nominee Trust, are the owners of the land and dwelling situated at 38 Shimmo Pond Road, Nantucket, Massachusetts. ("Property") . The Property includes land with an area of 19,350± square feet, a single family dwelling and a shed. The Property is located in the Limited Use General-1 Zoning District. Prior to the enactment of the By-law, there was a single family dwelling on the Property. On or about 1973, the Board of Appeals granted a Variance to allow the construction of an addition to the dwelling, which was constructed in 1974. The Property is non-conforming as to area, frontages and ground cover. The Property includes approximately 19,350± square feet; the minimum lot size requirement in the LUG-1 Zoning District is 40, 000 square feet. The Property has twelve (12') feet of frontage by easement on Shimmo Pond Road. The minimum frontage requirement in the LUG-1 Zoning District is one hundred (100') feet. The existing ground cover is 3316± square feet (17. 14%) . Seven (7%) is allowed in the LUG-1 Zoning District. The Applicants request a Modification to Variance No. 031-73 to permit them to construct a second story addition to the existing dwelling on the Property with no increase in the size of the existing footprint of buildings and corresponding ground cover. At the time the Board of Appeals granted Variance No. 031-73 for the Property, the Board made sufficient findings to warrant a grant of variance relief. Specifically, the Board found that the Applicants predecessor in title, Carl Erickson, suffered a "substantial and unique" hardship and allowed Mr. Erickson to expand the living space of his dwelling. The Board issued the variance on the condition that ". . .no further improvement over and above the proposed additions shown on the plans presented by Mr. Glidden be made without the express consent of the board of Appeals. " (see Variance No. 031-73) The Applicants seek the express consent of the Board of Appeals to allow the construction of the proposed second story addition to their home, Since the granting of the Variance more than twenty-two (22) years ago, this neighborhood has grown and many of the homes in the area are comparable, or larger than, the Applicants' proposed dwelling. The requested modification of the Variance will not increase the intensity of use in the neighborhood nor undermine the intent and purpose of the Zoning By-law. There are four (4) bedrooms in the existing dwelling. There will be no increase in the number of bedrooms after the proposed addition is constructed. The Property has a unique shape and topography and the requested modification of the Variance to permit the construction of a second story addition will not increase the intensity of use of the Property. It is harmonious with the size and configuration of neighboring homes, and may be granted without a detriment to the public good or without an adverse impact on the purpose of the Zoning By-law. The Applicants, therefore, request that this Board grant a modification to the Variance No. 031-73 in accordance with this application. jah/DEC95/kfdalferadd Dorothy V. Cassard Shimmo Association 46 Shimmo Pond Road c/o Sam Shipley Nantucket, MA 02554 250 Woodland Road Strafford, PA 19087 Scott L. Zehner and Jane G. Eskind, Trustee Louis A. Zehner, Jr. MA Eskind Nominee Trust 33 Shimmo Pond Road 6000 Dunham Springs Road Nantucket, MA 02554 Nashville, TN 37205 Robert Townsend Hoyt, Jr. , et ux Erwin L. Greenberg 190 Stoney Pt. Drive 10 East Lee Street Berwyn, PA 19312 Baltimore, MD 21202 Peter H. and Jane Zecher, Trustees Zecher Shimmo Trust James Stewart, Trustee 224 Glenwood Road 701 West Butler Pike Ridgewood, NJ 07450 Ambler, PA 19002 Nantucket Conservation Foundation P. 0. Box 13 Howard M. and Pamela Jelleme, Trst Nantucket, MA 02554 P. 0. Box 1550 Nantucket, MA 02554 ' . o if ' • o 4 4 t . u - 0 Trw t -•*0.;4 F. amod 14,4;;hto 0 ot41,111•19. 4•O.‘;L.- y ...,* :o■''..... Y.•( * ,4.96.441 2 Z • . nt...i:,:uo4° • . , 2 • ',4 ..-N n , I.1,74.,'“ o 1 4 ki o*1 (?-;t. `-''. 0 •-.2 I 2 k lo o Y 4 ----vL---+ -r- --.....t._. ‘.1 1. .:1 :4 o i 4 j F••Z.' «,, 0 k \ 4 • - ... .• .----, t'i-.• s•z.o • lz ,-. \ o I- • , -, ).hill 1 k . u •-)....i. . . i \00 \`,.. ; .. - -• \. \s, *44 7 k C) 'zi■-1 6 . \ o \•$, \ 0 0.?ol" - • s 'a,.. .:"`,i. 2 .w : ,14 . 7.. . _ • • . - . -- .1: .. ■ ti-,.\\, -",.. 5. 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