HomeMy WebLinkAbout48-17 90 Pocomo Road NANT+JCK
Tu�F,'A TOWN CLER=
2018 MAY 31 PM 3: 46
l7 Al1F,
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
MEMORANDUM
Date: May 31, 2018
To: Town Clerk
From: Eleanor Weller Antonietti, Zoning Administrator
Re: Zoning Board Decision #48-17—TECHNICAL CORRECTION
Kristen Engle, Trustee of Pocomo Point Realty Trust
The above referenced ZBA Decision regarding 90 POCOMO ROAD (Map 15, Parcel 43), filed with the
Town Clerk on May 11, 2018 requires minor modification to correct an inadvertent typographical error on
the first page. The corrections are shown as strike-out of the error and insertion of the correct information
on Page 1 of the Decision filed herewith. This minor modification will neither effect the nature of the
relief granted in the decision nor the completed appeal period. Please attach this page to the front of the
corrected Decision so that it may be re-recorded in its entirety as amended. Thank you.
a
E eanor W. Antonietti,
Zoning Administrator
2 Fairgrounds Road Nantucket Massachusetts 02554
508 - 228 - 7215 telephone 508 - 228 - 7298 facsimile
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Date:
Date: May 10, 2018
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No. : 48-17
Owner/Applicant: KRISTEN ENGLE, Trustee of POCOMO POINT REALTY
TRUST
Property Description: 90 Pocomo Avenuc Road
Map 15, Parcel 43
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with 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 Nantucket Superior Court or Land 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 .
/..._63-L---."-'
Eleanor W. Antonietti,
Zoning Administrator
cc: Town Clerk
Planning Board
Building Commissioner/Zoning Enforcement Officer
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND
WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING BY-LAW
SECTION 139-30 (SPECIAL PERMITS) ; SECTION 139-32 (VARIANCES) . ANY
QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICE AT
508-325-7587.
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket,Massachusetts 02554
Assessor's Map 15,Parcel 43 Certificate of Title No. 24369
90 Pocomo Road Land Court Plans:
Limited Use General-3 (LUG-3) 16220-H,Lots A-11 and A-12;
16220-F,Lots A-6 and A-7
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, March 8,
2018 (continued from December 14, 2017, January 11, 2018, and February 8, 2018), at 1:00
P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision
on the application of KRISTEN ENGLE, as Trustee of POCOMO POINT REALTY
TRUST, do Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket,
Massachusetts 02584,File No. 48-17:
2. The applicant proposes to move the nonconforming single-family dwelling upon locus
because of erosion of the coastal bank, on the following facts as represented in the application.
The dwelling has status as a pre-existing,nonconforming structure by virtue of M.G.L., c. 40A, §
7, because it has been in existence in its present location and configuration for a period in excess
of ten years. The height of the structure at present, as measured under the Nantucket Zoning By-
law, is about 30.7 feet above average mean grade, with 30 feet being the maximum permitted
under By-law § 139-17.A; the height of the northerly elevation is about 32.8 feet above grade,
with the maximum for any one side under the By-law being 32 feet. Because of the contours of
the lot, the result of moving the dwelling will be that the height above average mean grade will
increase, even though the absolute elevation of the roof peak, being the highest point of the
structure, as measured from 1934 half-tide datum, will not be increased. Ground cover of the
existing structures upon locus is 5,632 square feet, and lot area is about 170,393 square feet
(having been diminished by erosion since the structures were erected),for a ground cover ratio of
about 3.30%, with 3% being the maximum in this LUG-3 district; this would be unchanged in
the proposed new location. The applicant requests relief by Special Permit under By-law § 139-
33.A(1) and (4) for the alteration of the existing structure by relocation on the lot, thereby
increasing existing nonconformities without creating new nonconformities,and reconstruction by
relocation without increasing the nonconforming ground cover ratio. The locus is situated at 90
POCOMO ROAD, Assessor's Parcel 15-43, consists of Lots A-11 and A-12 on Land Court Plan
16220-H and Lots A-6 and A-7 on Land Court Plan 16220-F, and is situated in the Limited Use
General-3 zoning district.
2
3. Our decision is based upon the application and accompanying materials, and
representations and testimony received at our public hearing. There was no Planning Board
recommendation. Comments were received from counsel to one abutter but there were no
comments on the applicant's revised proposal as presented at the March 8, 2018, Board of
Appeals meeting. No other comments or opposition were presented at the public hearing.
4. After making certain revisions, at the March 8, 2018 meeting the applicant presented a
proposal, as shown upon the ZBA Exhibit Proposed Conditions Plan, as revised and signed and
stamped by Paul J. Santos, Professional Land Surveyor, on March 8, 2018, which is attached
hereto as "Exhibit A". Under this proposal, the height of the roof peak above average mean
grade will be increased from about 30.7 feet to about 32 feet, with the height of the northerly
elevation increasing from about 32.8 feet to about 35.5 feet; however, the height of the roof peak
measured from 1934 half-tide level datum will actually decrease from about 65.8 feet to about
62.8 feet. The present nonconforming ground cover ratio of about 3.30%will not change.
5. The Board of Appeals, by UNANIMOUS vote, found that the structure upon locus has
been in existence in its present configuration for a period in excess of ten years and thus has the
status of a pre-existing, nonconforming structure under M.G.L., c. 40A, § 7; and that the
proposed changes, as described above in Paragraph 4 of this decision, will (technically) increase
the existing nonconformity as to the height of the structure above average mean grade although
the absolute height of the structure will actually decrease, while the existing nonconforming
ground cover will not change, and these changes will not be substantially more detrimental to the
neighborhood than the existing nonconformities; and accordingly, by the same unanimous vote,
GRANTED the requested relief by SPECIAL PERMIT, subject to the condition that the
proposed work will be done in substantial conformity with this decision and the above-
referenced"Exhibit A".
SIGNATURE PAGE FOLLOWS_
3
Assessor's Map 15, Parcel 43 Certificate of Title No. 24369
90 Pocomo Road Land Court Plans:
Limited Use General-3 (LUG-3) 16220-H,Lots A-11 and A-12;
16220-F,Lots A-6 and A-7
Dated: March 8, 2018 oi 1
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Geoffrey ayer
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J. -• Mondani
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss.
On the ID day o , 2018, before me, the undersigned notary public,
personally appearedq/VI a/vg44..,1' , one of the above-named
members of the Zoning Board of Appeals of Nantucket, Massachusetts, personally known to me
to be the person whose name is signed on the preceding document, and acknowledged that they
signed the foregoing instrument as their free act d deed and voluntarily for the purposes
therein expressed.
J'Q
Official Signature and Seal of Notary Public
My commission expires:
LESLIE WOODSON SNELL
l r�=" NOTARY PUDLIC
r k-"_*COMMONWEALTH OF MASSACHUSETTS
( -
,F !4y Corn Expires Sept 28,2018 r
,ate+«:., ...1
"EXHIBIT A"
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TOWN OF NANTUCKET
BOA -RD OF APPEALS
NANTUCKET, MA 02554
AFPLIC A -T10N
File '\ o .
�:'• i -}X � =ter' I
CLE:
L �`U _S PM 1: 31
Owner's name(s): Kristen Engle, as Trustee of Pocomo Point Realty Trust
d_,,� Q 5. cf o Rewe, GufEcksen, Har:1ev & Gifford, LLP
ti Young's Way. Post Office Bow 2669, Nantucket,
••H.,\�r._ it i:, i -n
_applicant's name(s): Same
�Nlai;ing Address: Same
Phone Number: Same
Loc- -_s _`.ddress: 90 Pocomo Road
E-�N1ail: Same
ssesscz's lap/ 21ce1: 15-43
Land Court Plans: 16220-H, Lots A-11 and A-12; 16220-F, Lots A-6 and A-7
Cerrificate of Title: 24369 Zoning District Limited Use General -3 (LUG -3
Uses on Lot- Commercial: None Yes (describe)
Residential: Number of dweiiings One Dupiex Apartments
Date of Structure(s): all pre -date 7/72 No or
Building Permit Numbers:
Previous Zoning Board Application Numbers:
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
F:\NpE\EAGLE\90 Pocomo\ZEA application £oz 12-2017.do
JLar,, bel0 or attach a se " to addendu-na o speclrlc speclai pen_ Its :,i-'arlanCe telt _` _i j
pu_ _ - -
The applicant wishes to move the nonconforming single-family dwelling
upon locus because of erosion of the coastal bank. The dwelling has
status as a pre-existi.nc, nonconforming structure by virtue of M.G. -T1. ;
c. 4UA, �, because it h1cis been in existence in its present location
and configuration for a period in excess of ten years. The height of
the structure at present, as measured under the Nantucket Zoning By-
Iis about 30.7 feet above average mean grade. with 30 feet bei -no
the rtaxirmuza perntrtted under By-law 5 139-171 .A; the height c= the
northerly elevation is about 32.3 feet above grade, with a maximum
for any one side under the By-law being 32 feet. Because of the
contours of the lot, the result of moving the dwelling will be that
the height above average mean grade will be increased to about 34
i=et, ., with the he_ah-t- cf t'ke northerly elsv.atic•n being al -o ,.t
faet. However, the elevaticn of the roof peak, being the highest
point of the structure, is now about 64.E feet above the half -t --de
-:..G gaLU.. ..= Scs ic�c+, c. n.. rlili .:�c .:xc 3cuuc i:a %itc pivpvSCu i.c.:
in,c tion. r--cunrd cover of the ex4..s.,ti-g structures unon 1 --ccs iss S, 63-2
square feet, and lot area at present is about 170,353 square feet,
having been diminished by erosion since the structures were erected;
for a ground cover ratio of about 3.30%, with 3& being the maximum in
this LUG -3 district; this will be unchanged in the proposed new
_ovation. Accordingly, the applicant requests relief by Special
Permit under BV -law 139-33 A(!, and (4) for the alteration on -f +-he
existing structure by relocation upon the lot, thereby increas:Lng
exlstina nonconformities without creating new nonconformities, an --5
reconstruction by relocation without increasing the nonconforming
around cover ratio:
1 certify that the information contained herein is substantially complete and true to t<he
best of mN' knowledge, under the pains and penalties of perjur-.
SIGNATURE: XrLste? „,En le, `?nutees n.. .
D Y
SIGNATURE: Apphean /AtCornev/:igent
Arthur I. Reade, Jr.
OFFICE USE ONLY
Apphcation received on:_/_/_ By,: Complete: Need Copies:
Filed with Town Clerk:_/_/_ Planning Board:_/_/_ Building Dept.:–./–/– By:
Fee deposited Frith Town Treasurer:_/_/_ By: Waiver requested:
Granted:_/_/_ Hearing notice posted with Town Clerk:–/–/_ Mailed:_/_i
I&M// &/_/ Hearing(s) held on:—/—/— Opened on
Continued to:—/—/_ Withdrawn:—/—/— Decision Due By:_/_/_
Made:—/—/— Filed w/Town Clerk:_/_/_ Mailed:_/_/_
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
F:\WpE\EN3L \90 Poeomo\ZH application foe 12-2017.do
I own ana County OT NantuCKet, MA
Go gle
Property Information
Property 15 43
ID
Location 90 POCOMO RD
Owner ENGLE KRISTEN TRST
IVUVCI I IUCI 1J, LU.L /
155
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MAP FOR REFERENCE ONLY
NOT A LEGAL DOCUMENT
Town and County of Nantucket, MA makes no
claims and no warranties, expressed or implied,
concerning the validity or accuracy of the GIS data
presented on this map.
Parcels updated December, 2014
Properties updated 11/15/2017
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Town of Nantucket
Zoning Board of Anneals
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'^i^ T",T 'T.iT�T? r� T T` ^�. , A Pn -,7 TL?. --',-TT_ , •-•T; "',n.
I T-1 Kris -Len Engle,
14AT T 1l r-� L7, c/o Ke-ade,
P ROPER l Y LOCA -DON .. °" pccomo I .oar ..... .
14 n to , nr'T T Map 15. Parcel 4.S
SHE A'171:u Ct1ED PAGES
I certify that the foregoing is a list of all persons who are owners of abutting
.e, i r n ,site on all" public or privvte street or `zla`;
grope: ���, o;��ners of . laud direct,} �ppo , .
n
ai1G 6buS vi fitly aGUitel"v a11U of v,u::i ia: .,�_ .o'.., . � •.• �, ,•••,
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1;�f /ref C.L z. (f (1Q \P!`i1n?'1 1 1 an •{ 7n,�4nn ('r, a r l)) .pf— 40 '--lin-, 1-139-2- -R
(2)
DATE ASSESSOR'S OFFICE
TOWN OF NANTUCKET
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15
POCOMO POINT LLC
100 CONCORD STREET
FRAMINGHAM. MA 01702
15
I'HFODORAKOS VAIOS TRST
4 THE KIDS REALTY TRUST
100 CONCORD ST 3RD FLOOR
FRAMINGHAM. MA 01702
15
JONES Cl APIN G TR
C/O PNC BANK J WILHARM
116 ALLEGHENY CENTER MALL
PI FTSBURG. PA 15212
15
JONES FAMILY PARTNERSHIP
C/O PNC BANK J WILHARM-MA61- STP P8
116 ALLEGHENY CENTER MALL
PITTSBURGH. PA 15212
15
ARTEMIS INVESTORS LLC
13535 D ESTE DRIVE
PAC'IF'IC PALISADES, CA 90272
15
TO7.LOSKI BARRE TRST ETAL
C/O MICIIAFL KITTREDGE
P 0 13OX 52570
BOSTON, MA 02205
15
GOLDSMITH J GRAHAM & KATHERINE P
7 KlI,Bj1RN SI
BURLINGTON. VT 05401
15
FNGLF KRISTEN TRST
C'/O POCOMO POINT REALTY TRUST
13535 DFSTF DRIVE
PACIFIC PALISADES, CA 90272
1 I, l4off° 4
.....___,_ _
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TOWN OF NANTUCKET
-42
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554 ; Z.
- o
w
Date: May 10 , 2018 N
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No. : 48-17
Owner/Applicant: KRISTEN ENGLE, Trustee of POCOMO POINT REALTY
TRUST
Property Description: 90 Pocomo Avenue
Map 15, Parcel 43
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with 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 Nantucket Superior Court or Land 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 . _
,162-------- ...___
Eleanor W. Antonietti,
Zoning Administrator
cc: Town Clerk
Planning Board
Building Commissioner/Zoning Enforcement Officer
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND
WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING BY-LAW
SECTION 139-30 (SPECIAL PERMITS) ; SECTION 139-32 (VARIANCES) . ANY
QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICE AT
508-325-7587 .
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket,Massachusetts 02554
Assessor's Map 15, Parcel 43 Certificate of Title No. 24369
90 Pocomo Road Land Court Plans:
Limited Use General-3 (LUG-3) 16220-H, Lots A-11 and A-12;
16220-F, Lots A-6 and A-7
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, March 8,
2018 (continued from December 14, 2017, January 11, 2018, and February 8, 2018), at 1:00
P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision
on the application of KRISTEN ENGLE, as Trustee of POCOMO POINT REALTY
TRUST, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket,
Massachusetts 02584, File No. 48-17:
2. The applicant proposes to move the nonconforming single-family dwelling upon locus
because of erosion of the coastal bank, on the following facts as represented in the application.
The dwelling has status as a pre-existing, nonconforming structure by virtue of M.G.L., c. 40A, §
7, because it has been in existence in its present location and configuration for a period in excess
of ten years. The height of the structure at present, as measured under the Nantucket Zoning By-
law, is about 30.7 feet above average mean grade, with 30 feet being the maximum permitted
under By-law § 139-17.A; the height of the northerly elevation is about 32.8 feet above grade,
with the maximum for any one side under the By-law being 32 feet. Because of the contours of
the lot, the result of moving the dwelling will be that the height above average mean grade will
increase, even though the absolute elevation of the roof peak, being the highest point of the
structure, as measured from 1934 half-tide datum, will not be increased. Ground cover of the
existing structures upon locus is 5,632 square feet, and lot area is about 170,393 square feet
(having been diminished by erosion since the structures were erected), for a ground cover ratio of
about 3.30%, with 3% being the maximum in this LUG-3 district; this would be unchanged in
the proposed new location. The applicant requests relief by Special Permit under By-law § 139-
33.A(1) and (4) for the alteration of the existing structure by relocation on the lot, thereby
increasing existing nonconformities without creating new nonconformities, and reconstruction by
relocation without increasing the nonconforming ground cover ratio. The locus is situated at 90
POCOMO ROAD, Assessor's Parcel 15-43, consists of Lots A-11 and A-12 on Land Court Plan
16220-H and Lots A-6 and A-7 on Land Court Plan 16220-F, and is situated in the Limited Use
General-3 zoning district.
2
3. Our decision is based upon the application and accompanying materials, and
representations and testimony received at our public hearing. There was no Planning Board
recommendation. Comments were received from counsel to one abutter but there were no
comments on the applicant's revised proposal as presented at the March 8, 2018, Board of
Appeals meeting. No other comments or opposition were presented at the public hearing.
4. After making certain revisions, at the March 8, 2018 meeting the applicant presented a
proposal, as shown upon the ZBA Exhibit Proposed Conditions Plan, as revised and signed and
stamped by Paul J. Santos, Professional Land Surveyor, on March 8, 2018, which is attached
hereto as "Exhibit A". Under this proposal, the height of the roof peak above average mean
grade will be increased from about 30.7 feet to about 32 feet, with the height of the northerly
elevation increasing from about 32.8 feet to about 35.5 feet; however, the height of the roof peak
measured from 1934 half-tide level datum will actually decrease from about 65.8 feet to about
62.8 feet. The present nonconforming ground cover ratio of about 3.30%will not change.
5. The Board of Appeals, by UNANIMOUS vote, found that the structure upon locus has
been in existence in its present configuration for a period in excess of ten years and thus has the
status of a pre-existing, nonconforming structure under M.G.L., c. 40A, § 7; and that the
proposed changes, as described above in Paragraph 4 of this decision, will (technically) increase
the existing nonconformity as to the height of the structure above average mean grade although
the absolute height of the structure will actually decrease, while the existing nonconforming
ground cover will not change, and these changes will not be substantially more detrimental to the
neighborhood than the existing nonconformities; and accordingly, by the same unanimous vote,
GRANTED the requested relief by SPECIAL PERMIT, subject to the condition that the
proposed work will be done in substantial conformity with this decision and the above-
referenced"Exhibit A".
_ NAT �_ P- E
3
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Assessor's Map 15, Parcel 43 Certificate of Title No. 24369
90 Pocomo Road Land Court Plans:
Limited Use General-3 (LUG-3) 16220-H, Lots A-11 and A-12;
16220-F, Lots A-6 and A-7
Dated: March 8, 2018 0 I ,
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J. Mondani
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss.
On the l D day o , 2018, before me, the undersigned notary public,
personally appeared ,. /04.-S.i 0 hr(,4.
, one of the above-named
members of the Zoning Board of Appeals of Nantucket, Massachusetts, personally known to me
to be the person whose name is signed on the preceding document, and acknowledged that they
signed the foregoing instrument as their free act d deed and voluntarily for the purposes
therein expressed.
41/N 'ai
Official Signature and Seal of Notary Public
My commission expires:
(�1._-..1'�'\1'�"�'\"'.1T'\1'`'\"'.,.".A1.1.1."\
r P' LESLIE WOODSON SNELL r f
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