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Home My WebLink About11-19 76 Polpis RoadFee: $450.00 By TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION 2019 H04 f —2 AM 2: 02 File No, I I. Owner's name(s): CY TWPA M• CASSA90 TMSTEE 6� W.1S WAKNy TR95i L -A4 PC , 34- N\AlP 9,2"OrLAOX, tJpMeaFi 0 OSS4 Mailing address: ° - °X 71q t N ANTV(.Y-Et Ma 0.),SS4 Phone N E -Mail: Applicant's name(s): VANo°L?w C1. CWr, A. TOME tl :SAE M14VOLRA G• SWW 4 105T Mailing Address:yi,corteN" cnNEd L -A4 PC , 34- N\AlP 9,2"OrLAOX, tJpMeaFi 0 OSS4 Phone Number: 50 a,a `d 4337 E -Mail: 5MAN Z) G6rEN Le6-• Vf�' Locus Address: lk 201-M CtO ND Assessor's Ma /Parcel: 45/1-7-7 Land Court Plan Plan Book & P9 /Plan File No.:!_I 117�� Deed Reference/Certificate of Title: Zoning District LV G-3 Uses on Lot- Commercial: None V/ Yes (describe) Residential: Number of dwellings ONE Duplex Apartments Date of Structure(s): all pre -date 7/72 or Building Permit Numbers: Previous Zoning Board Application Numbers: 1-cgi 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile State below or attach a separate addendum of specific special permits or variance relief applying for: SES, Aad�-Nt>oA A I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: Owner* SIGNATURE: Appli can t/Attorney/Agent* S��Ue� c��e� u --s *If an Agent is representing the Cf' ort e Applicant, please provide a signed proof of agency. OFFICE USE ONLY Application received on: _/_/_ By: Complete: Need Copies: Filcd with Town Clerk:_/_/_ Planning Board:_/_/_ Building Dept.:—/—/— By: Fee deposited with Town Treasurer:—LL By: Waiver requested: Granted:_/_/_ Hearing notice posted with Town Clerk:—/—/— Mailed:—/_/_ I&M_/_./_ &_/_/_ Hearing(s) held on:—/—/— Opened on :—/—/— Continued to:—/—/— Withdrawn:_/_/_ Decision Due By:_/_/_ Made:_/_/_ Filed w/Town Clerk:—/—/— Mailed:— / -/- 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone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 ADDENDUM The Locus is a 62,876 square foot lot in the LUG -3 Zoning District, which as a minimum lot area requirement of 120,000 square feet. The Locus contains a single-family dwelling with attached garage with 2,293 square feet of ground cover comprising 3.6% ground cover ratio (GCR). The LUG -3 zoning district allows 3.0% GCR. This nonconformity is a pre-existing nonconforming condition under Section 139.33A. The main dwelling was constructed in 1984 when the property was zoned LUG -1, which allowed for a 7% GCR. The Locus is otherwise dimensionally conforming under the Zoning Bylaw. Applicant proposes to remove the existing structure and to replace it with a new structure. Applicant seeks Special Permit relief under Section 139.33A(4) to remove the pre-existing nonconforming structure and replace it with a new structure with a no larger foot print or ground cover ratio. The new structure will be conforming to all applicable front, rear and side yard setback requirements. Such proposed structure is consistent with other structures and GCRs in the area and the relief sought is not substantially more detrimental to the neighborhood than the existing nonconforming structure. Applicant has preliminary plans and seeks approval of the relief sought before the Historic District Commission has approved final plans so that the move can be done to comply with the Town's prohibition for "Over the Road" permits between June 15 and September 15. Applicant notes that if the permits can be approved to move the house before the June 15 deadline, a separate party is planning to accept the exiting structure and refurbish it as a covenant house for affordable housing. lawn ana county or Nani=Kei, MA 2, 2019 1 3 \ 43193 / 43 o A *4111-1.5 S° j 43192 \� � _ 84 7 \ � 43186 10 44 25.6 'r x4 43 187 43 191 i 2 20 5 436 4425.7 43 188 78. •�� 10 �m y y 43 190 ___- --------- 3 ,. 4314 89 ; , e76 J \ 44 23. 81 C''4q�,.\�44239 ` 438 �P,Po.\ `rte 4423- 2 �\ \ 77 439 �� 3209 qv 4314.1 4310 2 /i l `�. \.. \ 441,3 66 p / i ' O � 43211 4 44114 12 43 210 68 J - 43 22.1 �`,�, ' 1 3 +13 43220 � 1 J 'o c� „f 431•19 ' ' ` 1"=212ft Property Information r Property ID 43 177 E4 Location 76 POLPIS RD Owner CASSANO CYNTHIA M TRST O 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 an this map. 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Q?I�D��M O Un y� "t ya< rmi((rn�I�l w 0 p O ti U �m• . 60 ° 010 W O'� N? J�2U �7 `\�N Ned ar Z¢oimcom ° coo ti Fz�_ m z ��a rq 0 •E zZOp°0'- � YO avi � v s vUNl c^O U� MMLYIn U• 0 0 a dpd W<4k TOWN OF NANTUCKET Zoning Board of Appeals 9pq�OF SSFo #4 Rj., �Sspgs �v ro X19 Mq LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER: Cynthia M. Cassano, Trustee of the Doris Murray Trust u/d/t dated December 23, 1992. MAILING ADDRESS: P.O. Box 794, Nantucket, MA 02554 PROPERTY LOCATION: 76 Polpis Road, Nantucket, MA 02554 ASSESSOR MAP/PARCEL: 43/177 SUBMITTED BY Cohen & Cohen Law PC - Anastasia SEE ATTACHED PAGES I certify that the foregoing is a list of persons who are owners of abutting property, owners of land directly opposite on any public or private street or way; and abutters of the abutters and all other land owners within 300 feet of the property line of owner's property, all as they appear on the most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139, Section 139-29B) (2)• S DATE ASS S R'S OF ICE TOWN OF NANTUCKET 43 SHAWKEMO DUCKLANDS LLC 88 APPLETON sT CAMBRIDGE, MA 02138 43 CASSANO CYNTHIA M TRST DORIS MURRAY TRUST PO BOX 794 NANTUCKET, MA 02554 43 NANTUCKET CONSERVATION FOUND I PO BOX 13 NANTUCKET, MA 02554 43 LARNER C CHARLES III & BROOKE D 33 BRIMMER ST BOSTON, MA 02108 43 1IOUGHTON JAMES R & ALIX C PO BOX 632 NANTUCKET, MA 02554 43 EPSTEIN ADAM S & LUCIA F 84 ROYALSTON RD WELLESLEY, MA 02481 43 NANTUCKET ISLANDS LAND BANK 22 BROAD ST NANTUCKET, MA 02554 44 TROGNI MICHAEL J & MICHELE L 8 CHAPEL LN RIVERSIDE, CT 06878 44 PIERCE MARCO A & PATRICIA J 721 MAIN STREET HINGI-iAM, MA 02043 44 BARTON NANCY A TR BARTON REALTY TRUST PO BOX 3116 NANTUCKET, MA 02584 44 WEBER MARK A & PAUL F 101 OLD KINGS HGWY SOUTH DARIEN, CT 06820 44 KENNEDY JOHN J & ANNE L TRST OVER HERE OVER TI3ERE TRUST 5 COURSEVIEW ROAD BRONXVILLE, NY 10708 44 PONGRACE DONALD R & OLWEN T 4150 FORDHAM RD N W WASHINGTON, DC 20016 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: June 13, 2019 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No.: 11-19 Prior Owner: CYNTHIA M. CASSANO,Trustee of the Doris Murray Trust Current Owner/Applicant: RANDOLPH G. SHARP, JR., Trustee of the Randolph G. Sharp, Jr. Trust Property Description: 76 Polpis Road Map 43, Parcel 177 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. 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 43, Parcel 177 76 Polpis Road Limited Use General -3 (LUG -3) DECISION: Book 1496, Page 192 Book 1691, Page 93 Lot 2; Plan Book 19, Page 126 1. At a public hearing of the Nantucket Zoning Board of Appeals (the "Board") opened on Thursday, May 9, 2019 in the Conference Room, at 4 Fairgrounds Road; Nantucket. Massachusetts, the Board made the following Decision on the application of CYNTHIA M. CASSANO, Trustee of the DORIS MURRAY TRUST, the owner of record at the time the application was submitted, and RANDOLPH G. SHARP, JR., Trustee of the RANDOLPH G. SHARP, JR. TRUST, the contract purchaser, ("Applicants") and current owner, c/o Cohen & Cohen Law PC, 34 Main Street, 2nd Floor, P.O. Box 786, Nantucket, MA 02554, in File No. 11-19. 2. Applicant is requesting relief by Special Permit pursuant to Zoning By-law Section 139- 33.A(4) in order to demolish a pre-existing nonconforming structure having approximately 2,293 square feet for a ground cover ratio of 3.6% where 3.0% is allowed, and to replace it with a new structure that retains the nonconforming ground cover ratio ("GCR"). Locus is situated at 76 Polpis Road, shown on Assessor's Map 43 as Parcel 177 and as Lot 2 upon Plan Book 19, Page 126. Evidence of priori owner's title is recorded in Book 1496, Page 192 on file at the Nantucket County Registry of Deeds. The site is zoned Limit Use General -3 (LUG -3). 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 on the basis that no matters of planning concern were presented. No opposition to the application, written or oral, was received. 4. Applicant, through its counsel, presented testimony at the public hearing. The Locus, an undersized corner lot of record having undergone a change of zoning from LUG -1 to LUG -3, is shown on plan entitled, "Existing Conditions Site Plan to Accompany Zoning Board of Appeals Application in Nantucket, Mass.", dated April 8, 2019, and prepared by Blackwell & Associates, Inc., a reduced copy of which is attached herewith as "Exhibit A". The lot contains 63,146 sq. ft. where 120,000 sq. ft. is the minimum lot area. The ' Per submission of the Application on April 12, 2019, the Locus was owned by Cynthia M. Cassano, Tr. of the Doris Murray trust who conveyed the Locus to Randolph G. Sharp, Jr., Tr. of the Randolph G. Sharp, Jr. Trust by deed recorded with the Nantucket Registry of Deeds on April 22, 2019, in Book 1691, Page 93. X maximum allowable ground cover would be either a GCR of 3%, which in this case would be 1,894 sq. ft., or 2,000 sq. ft. pursuant to Section 139-33.E(1)(b) — whichever is greater. 5. When the dwelling was constructed, circa 1984, the lot was zoned LUG -1 where allowable ground cover was a GCR of 7%, which in this case would have been 4,420 sq. ft. The Locus contains a single-family dwelling with attached garage having 2,293 square feet of ground cover, or a GCR of 3.6%. The Locus is otherwise dimensionally conforming under the Zoning Bylaw. The Applicant proposes to remove the existing structure and to replace it with a new structure which will retain the same ground cover. The proposed structure is said to be consistent with other dwelling structures and their respective ground cover in the area. 6. Therefore, the Applicant is seeking Special Permit relief to remove the pre-existing nonconforming structure and replace it with a new structure with the same pre-existing nonconforming ground cover. The relief is requested pursuant to By-law Section 139- 33.A(4) which reads: Removal and reconstruction of any or all of the preexisting nonconforming structure(s), or any portion(s) thereof, in excess of the permitted ground cover ratio upon a lot, shall be allowed by special permit, provided that: fa Such special permit shall have been issued prior to the removal of the preexisting nonconforming structure(s), or any portion(s) thereof, u (Reserved) Lc) All reconstructed structure(s), or portion(s) thereof, shall conform to all applicable ,front, rear and side yard setback requirements; unless relief is granted under separate provisions of this chapter; and The special permit granting authority shall have made the finding that the result of the proposed removal and reconstruction shall not be substantially more detrimental to the neighborhood than the existing nonconforming structure and/or use. 7. Based upon the foregoing, together with the absence of opposition, the Board made the finding that the requested relief could be granted. The proposed new dwelling shall not be substantially more detrimental to the neighborhood than the pre-existing ground cover ratio nonconformity and the new structure shall conform to all applicable front, rear.. and side yard setback requirements. 8. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested SPECIAL PERMIT to remove the pre-existing nonconforming structure and replace it with a new structure with the same ground cover ratio, which shall not exceed 2,293 square feet of ground cover. I NA RE PA E F LL WS Assessor's Map 43, Parcel 177 76 Polpis Road Limited Use General -3 (LUG -3) Dated: May 9, 2019 Nantucket, ss Book 1496, Page 192 Plan Book 19, Page 126 Lot 2 Lisa tsotticellI COMMONWEALTH OF MASSACHUSETTS On the day of 2019, before me, the undersigned notary public. personally appeared , one of the above-named members of the Zoning Board of Appeals of Na uc et, 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 and deed an voluntarily for the purposes therein expressed. A OfficEia(Signat e nd deal of Notary Public IV=MEGANTRUDELDEL My commissio pires / �,�i ,� g/ C)�j�0 �'lic ��lSACHUSETTSxpires Ori20 "EXHIBIT A" OE -6102' :,ON ua1d 0.Z Z' N w O N /Vy, N `fid l� O 'Y. O• O. 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