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Home My WebLink About13-19 262 Polpis RoadFee: $450.00 APR 12 2019 By TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION File No. JAI Owner's name(s): David Murphy as Trustee of 262 Polpis Nominee Trust Mailing address: Phone Number: E -Mail: Applicant's name(s): David Murph` as Trustee of 262 Polpis Nomince Trust Mailing Address: c/o Cohen & Cohen Law PC 34 Main Street, Second Floor Phone Number: 508-228-0337 E -Mail: stevenQcohenle ag l.net Locus Address: 262 Pods Road Assessor's I`lap/Parcel: 25/1 Land Court Plan/Plan Book & Page/Plan File No.: Lots 3 4 and 5 on Plan 11931-C Deed Reference/Certificate of Title: 27117 Zoning District: LUG -3 Uses on Lot- Commercial: None Yes (describe) Residential: Number of dwellings Three (3) Duplcx Apartments Date of Structure(s): all pre -date 7/72 or 1954, 1999, 1930, 2000 Building Permit Numbers: Previous Zoning Board Application Numbers: 097-99 P,4 2: 0, 2 Fairgrounds Road Nantucket Massachusetts 02554 508 325-7587 telephone 508-228-7298 facsimile State below or attach a separate addendum of specific special permits or variance relief applying for: 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: 1Applican Attorne / � nt* *If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency. OFFICE USE ONLY Application received on:_/_/_ By: Complete: Need Copies: Filed with Town Clerk:_/_/_ Planning Board:_/_/_ Building Dept.:—/—/— By: Fee deposited with Town Treasurer:_/_/_ 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posted with Town Clerk:_/_/_ Mailed:_/_/_ I&M_/_/_ &_/_/_ Hearing(s) held on:—/—/— Opened on :—/—/— Continued to:_/_/_ Withdrawn:_/_/_ Decision Due By:—/—/— Made:_/_/_ Filed w/Town Clerk:—/—/— Mailed:_/_/_ 2 Fairgrounds Road Nantucket Massachusetts 02554 508 325-7587 telephone 508-228-7298 facsimile 7Inn'WWnTTM The Locus is a 57.2 acre lot in the Limited Use General 3 (LUG -3) Zoning District, which has a minimum lot area requirement of 120,000 square feet. The Locus contains a main dwelling with approximately 4,640 square feet of ground cover, a guest house with approximately 1,177 square feet of ground cover, and a studio/barn with approximately 1,310 square feet of ground cover for a total of 7,127 square feet. There are two ancillary structures, a studio comprising 500 square feet and a boat house/pump house comprising 204 square feet. The total ground cover of all structures is 7,831 square feet comprising 0.31% ground cover ratio (GCR). The LUG -3 Zoning District allows three (3.0) percent GCR, which yields a total allowable ground cover of 74,749 square feet. The Locus has 275.13 feet of frontage on Polpis Road, where 200 feet is required. The Locus is dimensionally conforming under the Zoning Bylaw. The property is located at 262 Polpis Road, shown on Assessor's Map 25 as Parcel 1, and as Lots 3-5 on Land Court Plan 11931-C. Evidence of owner's title is registered at Certificate of Title 27117 at the Nantucket District of the Land Court. On December 8, 1999 a Special Permit was granted to allow demolition and reconstruction, renovation and expansion of a pre-existing, nonconforming use and structure. At that time, the Locus contained four dwellings in a farm house (two dwellings), the principal dwelling, and the existing guest house. The 1999 Special Permit allowed for the demolition and reconstruction of the farm house and principal dwelling, comprising three dwellings, and the renovation of the guest house, for four dwellings total. Of the two dwelling units in the farm house, one was transferred to the studio/barn. That building, as noted above, is 1,310 square feet. The second dwelling in the farm house was never reconstructed. The principal house was reconstructed with its single dwelling unit and the guest house was renovated. There are now three dwellings on the lot and no changes to the main dwelling, barn, or ancillary structures, are requested. Applicant is requesting relief by Special Permit pursuant to Zoning By-law Section 139-33(A)l.a to alter a nonconforming use (third dwelling) by demolishing the pre-existing nonconforming guest house and replacing it with a new nonconforming guest house. The existing structure is a 2 -bedroom dwelling with approximately 1,177 square feet of ground cover and the proposed structure, sited in a different location, is a three bedroom, approximately 1,700 square foot dwelling. The new structure will be compliant with all applicable front, rear and side yard setback requirements and the lot is well below the allowable ground cover ratio and the relief sought is not substantially more detrimental to the neighborhood than the existing nonconforming structure. § k § q k / k m e la - § !!!; z ;!i§ = ,|!§ z ® - P' |/- H :|'| � ,,l= § ;.|; E !" ;,;. a )`lE0 X� S 2 z \{ �\ , § k § q k / k m e la - (D z ; /e Zk r� §E§ )`lE0 X� S § / } j • aw tax. a z =Fsa W Qtay Z ;;x= Lu u Z � $xa Z �^r z IRN O 62 a Ht;§ 0 W �gtC d Z; N3 •i N �� kYI 7 0 �� `_� u� W U io • aw �^r z 0 V J O b Z; N3 • aw I|!| ! .GR._. . : u z w|�! @ -j; ( §\ §�� \�(D / \ LU LU ;; E �'|! 3 !|V| § |!(; / / E Q |! \ . § §§) ° ` }/3 Q - \ �_ 2 \ LL) , LU §; : t; N W F �� [oltcmi e a ;p�v/nUuxn S Ad. RMnAos POLPIS HARBOR A. POLPIS HARBOR�� A. i t iA. P� i 14, ' ' •�• 1� /262 P01R2 f mow'RRof i'rAA �.•, :�� v ^ �.--�� l.�v- 1l' . rriMl A. AT �\A. /MILLBRO_OK1 ' w•'• �' / POLPIS HARBOR ' A.« sbY 0P0CH580.10 •,. v MAP 25__ -Y A PARCy�1 I.1'• L w ('or's� . 1 IMr lw°� /BEEF -r „— 25 Yea�`� I -MAP 25 PARCEL JI.1 i' Y I,S19S �L IQ"a.�..m1p1Oa 3. RlAII les: Iao CDISrt MUw nSM /BEEF -r „— 25 Yea�`� NOIF.S� L YFeI! b3 qli IIOI�EF le6f N• avo a rAeRrc. •.R« z DEED RS: IMO mFf tnIfIGE /Vln IQ"a.�..m1p1Oa 3. RlAII les: Iao CDISrt MUw nSM \ .(r -... �... ,. A Rana) v IYOIAI FALLS ■ RR f/FnAI nnm �r nATAIO Daed 'r!E w�A�rac ARn>h /s anm ux AVi M. rlv slDrl a nrA aa+D-YDRx� .ww a/w/aas. S a RA- RIFAV TE 8E AD UIGAD TnM M TAE .e oAMa)eD fF)>Es p� MIOWAM (IeIESIJ ATFAS 6 EsrArFn IwrAn a uE TeDIiE .r weaen IAArrAn a- uIF a, T6 RAM Iva m �, aaYUID TOE axiEn AIO ApOITaIAL .IFAS eDa�alAoer•1 tf TF \ nAaAT ETAMOS AQYaAtD .TI Rats MARgL ZONE LUG -3 LOT AREA: 120.OMA(. 1RONTAM: M' ERD11T YARD: Jv SIDE/REAR YARD: iR .WO OOWR: 3 - PLAN SCALE T .......... . . O O O,vi IL Z IL VA is Yi 4 s .......... . . O O I z I 114 �Ipl TI J------------ Al I • IL Z 2� IL Z Ed I z I 114 �Ipl TI J------------ Al I • Town of Nantucket Zoning Board of Appeals `,4 5 4,"L4- � PROPERTY OWNER: Russel D. Phelon, Trustee MAILING ADDRESS: 2063 University Pkwy, Aiken, SC 29801 PROPERTY LOCATION: 262 Polpis Rd, Nantucket, MA ASSESSOR MAP/PARCEL: 25/1 SUBMITTED BY: Cohen and Cohen Law PC SEE ATTACHED PAGES I certify that the foregoing is a list of all 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, as they appear on the most recent applicable tax list (M.G.L. c. 40A, Section 11 and Zoning Code Chapter 40A, Section 139-29B (2) 1f -lam DATE ASSESSOR'S OFFICE TOWN OF NANTUCKET 25 MURPHY DAVID J TR 262 POLPIS NOMINEE TRUST 160 FEDERAL ST 15TH FLOOR BOSTON, MA 02110 25 MURPHY DAVID J TR 262 POLPIS NOMINEE TRUST 160 FEDERAL ST 15TH FLOOR BOSTON, MA 02110 25 GIFFORD WHITNEYATRST C/O BEALE MARSHALL 23 MEADOW VIEW DRIVE NANTUCKET, MA 02554 25 GREEN LINDSAY ARNOLD 73 UNION STREET BRISTOL, RI 02809 25 SCHAFER RICHARD W ETAL P O BOX 2051 NANTUCKET, MA 02584 25 NANTUCKET CONSERVATION FOUND I PO BOX 13 NANTUCKET, MA 02554 25 STAVNES HARALD S & STEPHANIE M TR 270 REDDING ROAD EASTON, CT 06612 25 NANTUCKET TOWN OF 16 BROAD ST NANTUCKET, MA 02554 25 HICKS PETER D & JEANNE S 268 POLPIS RD NANTUCKET, MA 02554 25 HALSTEAD PATRICIA A TRUSTEE 276 POLPIS NOMINEE TRUST 4 NORTH WATER STREET NANTUCKET, MA 02554 N N N N N N N N N N a a a a a a a a a a 0 0 0 0 0 0 0 0 0 0 N a Al m a a a m a a N N N N N N N N N N N N O m N N N N N +1 N N N N N N N N N N N O O O O O O O O O O EF W W W W E- ae F H H H H H m m Z w Z Z W Z Z Z .. N 9OG 9 m F F F w w A w Z HM' S z z z OG Z N N F5• N H H W M w a w w N N O b w N N U r N U N N N N m Ol N M O 01 .-I O N .-1 N N N N N N N N N N \ 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.: 13-19 Owner/Applicant: DAVID J. MURPHY, Trustee of the 262 Polpis Nominee Trust Property Description: 262 Polpis Road Map 25, Parcel 1 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 25, Parcel 1 262 Polpis Road Limited Use General -3 (LUG -3) DECISION: Certificate of Title No 27117 Land Court Plan 11931-C Lots 3, 4, & 5 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 DAVID J. MURPHY, Trustee of the 262 POLPIS NOMINEE TRUST ("Applicant"), c/o Cohen & Cohen Law PC, 34 Main Street, 2nd Floor, P.O. Box 786, Nantucket, MA 02554, in File No. 13-19. 2. Applicant is requesting relief by Special Permit pursuant to Zoning By-law Section 139- 33.A(1) to alter a nonconforming use (third dwelling) by demolishing a pre-existing nonconforming third dwelling and replacing it with a new nonconforming third dwelling. The existing structure is a two-bedroom dwelling with 1,176 square feet of ground cover, and the replacement structure is proposed to be three bedrooms with 1,700 sq. ft. of ground cover. The Locus is otherwise conforming to the provisions of the By-law. Locus is situated at 262 Polpis Road, shown on Assessor's Map 25 as Parcel 1, and as Lots 3, 4, and 5 upon Land Court Plan 11931-C. Evidence of owner's title is registered on Certificate of Title No. 27117 at the Nantucket County District of the Land Court. 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. One neighbor, whose house is approximately 0.5 miles from the proposed work area, expressed concern about construction noise and radios. 4. Applicant, through its counsel, presented testimony at the public hearing. The Locus is a 57.2± acre lot in the LUG -3 Zoning District, which has a minimum lot area requirement of 120,000 square feet. The Locus contains three dwellings: (1) a main dwelling with approximately 4,640 sq. ft. of ground cover; (2) a guest house with approximately 1,177 sq. ft. of ground cover; and (3) a studio/barn with approximately 1,310 sq. ft. of ground cover for a total of 7,127 sq. ft. There are two ancillary structures, a studio comprising 500 sq. ft. and a boat house/pump house comprising 204 sq. ft. The total ground cover of all structures is 7,831 sq. ft., equivalent to a ground cover ratio ("GCR") of 0.31 %. The LUG -3 Zoning 2 District allows a GCR of 3%, which yields a total allowable ground cover of 74,749 sq. ft. The Locus has 275.13 feet of frontage on Polpis Road, where 200 feet is required. As such, the Locus is dimensionally conforming with the provisions of Section 139-16 of the Zoning By-law. 5. On December 8, 1999, a Special Permit was granted in ZBA File No. 097-99 to allow demolition and reconstruction, renovation and expansion of a pre-existing, nonconforming use and structure. At that time, the Locus contained four dwellings: a farmhouse (two dwellings), the principal dwelling, and the existing guest house. Of the two dwelling units in the farmhouse, one was transferred to the studio/barn. The second dwelling in the farmhouse was never reconstructed. The principal house was reconstructed with its single dwelling unit and the guest house was renovated. There are now three dwellings on the lot and no relief for changes to the other dwelling or ancillary structures has been requested. 6. At the time of the prior relief, the third dwelling was not permitted as of right. The Board found that the previous proposed project would not result in a use that would be substantially more detrimental to the neighborhood, even with four dwellings, though only three were ultimately constructed. Although Tertiary dwellings are now allowed under the tertiary dwelling provision in Section 139-2, the proposed rebuilt third dwelling would not conform to the applicable criteria. 7. The Applicant is requesting relief by Special Permit pursuant to Zoning By-law Section 139-33.A(1)(a) to alter a nonconforming use (third dwelling) by demolishing the pre- existing nonconforming guest house and replacing it with a new nonconforming guest house. The existing structure is a 2 -bedroom dwelling with approximately 1,177 sq. ft. of ground cover and the proposed structure, sited in a different location, is a three bedroom. approximately 1,700 sq. ft. dwelling. 8. Based upon the foregoing, the Board finds that the proposed extension, alteration, or change shall not be substantially more detrimental than the existing nonconforming structure and/or use to the neighborhood. 9. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested SPECIAL PERMIT pursuant to Section 139-33.A(1)(a) in order to alter a nonconforming use (third dwelling) by demolishing a pre-existing nonconforming guest house and replacing it with a new nonconforming guest house that conforms to the required ground cover ratio, and all setback and other dimensional requirements. IGNATURE PA E F LLOWS 3 Assessor's Map 25, Parcel 1 262 Polpis Road Limited Use General -3 (LUG -3) Dated: May 9, 2019 Nantucket, ss Certificate of Title No 27117 Land Court Plan 11931-C Lots 3, 4, & 5 COMMONWEALTH OF MASSACHUSETTS On the day of 71L) KL�_ , 2019, before me, the undersigned notary public, personally appeared S (), & Gc /4 "C6 V+1/1" , one of the above-named members of the Zoning Board of Appeals of Nantucl , 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 and voluntarily for the purposes therein expressed. Official Signat and Seal of Notary Public MEGAN TBUDEL. My commissio expires / itxNotary Public r COMMON PIEA�THOFMASSAExpifes OnTS MY COM aypB 2020 I