The URL can be used to link to this page

Home My WebLink About019-09 Bengloff, Donna M., Trustee Nest Egg N.T. " ,:5 " TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 -J .J /, APPLICATION Fee: $300.00 File No. )(,.>>~ Owner's name(s): Donna M. Bengloff, Trustee Mailing address: 350 Boylston Street, Unit 305, Boston, MA 02459 Phone Number: E-Mail: Applicant's name(s): Alan and Erin Deombeleg Mailing Address: 22 Charlotte Hill Drive, Bemardsville NJ 07924 Phone Number: 508-228-0771 E-Mail: glidatty@nantucket.net Locus Address: 137 Polpis Road Assessor's Map/Parcel: 44 -7.1 Land Court Plan/Plan Book & Page/Plan File No.: LC 10999-F Deed Reference/Certificate of Ticle: 22171 Zoning District: LUG III Uses on Lot- Commercial: None: Yes (describe) nla Residential: Number of dwellings: 1 Duplex nl a Apartments nl a Date of Structure(s): all pre-date 7/72: house built in 1987; additions in 1993 and 2006 Building Permit Numbers: 5575-87; 9192-92; 355-06; 804-06 Previous Zoning Board Application Numbers: 084-05; 037-08 State below or attach a separate addendum of specific special permits or variance relief applying for: Please see attached. 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: *If an Attorney or other 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Town Clerk:_/ _/ _ Mailed:_/ _/_ I&M_/ _/ _ &_/ _/ _ Hearing(s) held on:_/ _/ _ Opened on :_/ _/ _ Continued to:_/ _/ _ Withdrawn:_/ _/ _ Decision Due By:_/ _/ _ Made:_/ _/ _ Filed w /Town Clerk:_/ _/ _ Mailed:_/ _/ _ Addendum "A" Applicant, as contract purchaser, seeks a variance from side-line setback requirements contained in Section 16-A Intensity of Regulations of the Zoning By-laws. Applicant wishes to construct a second floor deck approximately 11' x 16' on the southerly side of the house, together with spiral staircase leading down to ground floor landing. The deck will not increase ground cover but will extend approximately nine (9) feet into the required twenty (20) foot side-line setback. This is a unique situation, as detailed in Board of Appeals Cases No., 084-05 and 037-08. For all intents and purposes, locus is a pre-existing lot of record and as such would be subject to a ten (10) foot side-line setback requirement. In fact, the house and the 2006 addition were built and sited on the assumption that the lot was governed by the ten (10) foot requirement. Because of a technicality, the lot lost its grandfathered status and had to be validated as a buildable lot via variance relief in Board of Appeals Case No. 084-05. The proposed second floor deck would fit in architecturally and would not be any closer to the southerly lot line than the existing covered porch which it would abut. ~ ''''''; ~q ~ ~~ ~ ~~~ ~ G b ~ ~ ~ ~~t11 F\. ~ N ~.J ~ ~ ~ ~ ~ hj ~ ~ ~ ~ ~ ~~ Q ~ ~ ~ C ~~~ s:;~~ ;- ~ = ~ I~ ~-4.J ~l \ff) ~Il ~ ~ t5 ~ ~ ~ o t1i III o ;: ~ ... w / ; I~ t: ~ m , -" 7ii (J\ -; -" r a a 7\l ~ r > Z IIJ B ~ ~ I' ) I~ EI I~ I~ I~ I / EI / --=------ I Jffw~\'F'~il1%i{i\,i+BAi< '~fi:W::i~:p r ~ [T1 " a z G -" r a a 7\l ~ r > Z , "I II;j I;jl --, I~ I~ II;j I;jl [T1 > (J\ -; [T1 r [T1 -< > -; 5 z mi /II OU<~ fUD pOL p)5 R. D A r.:> ((,0' "'" "'IF) OUt!> f/>olO 130.00 --, fA1~ ,t"'l~f /o'lf\ ~A_- ~~_f - - p.p.;A '/fE.r LA /'fJJ /-Df II N/FIREN~1A:ENT LOT 12 LC.CERT. 15965 i'lREA: 5)) Lf-I.D I".F, #-19.6 N /F PAMELA STEDMAN FARKAS '0 Q <:l " N \\l GO I>i ,... ,(\ WETLAND AREA SeE! oRl?Ef{ "F~.Nr;. NAN-tJl ':S L.e. Pt>t.;#'Gh'l'l j!) Cl:tTlr. dFcomPLlANC.E: PI (.. # 1/,!f'!i'~2 ~ I!l " ~ \"0. ~ L\, _ ",,<03 'NO O,D ~HWA~l- ~/fHET.WAlk _-Sfl~'KS5vt>:fE~T TO ~rE(,r)ow II/oJD~R "10 ll/ft-I l/lnN !;ITY etNEFIT 44-19.6 N/F PAMELA STroMAN FARKAS ;t.. LOT 11 DOES NOT COMPI. Y 'MlH CURRENT ZONINC AND IS lXlNSIlfR[Il A SEPARAlE LOT BY )IIR1UE Of' VARIANCE GRAH1ED BY 1HE ZONIoIG IIOARIl Of' APPEAlS, ~ LC.ooc.I115,112 RES1RIC1ING LOT IlNE D\lEIJJNG CURRENT ZONING: LUG-3 MINIMUM LOT S1ZE:120,OOO S.F.. MINIMUM FRONTAGE:200' ~ FRONTYARD SElBACK:35' SIDE AND REAR SElBACK: 20' ALLOWABlE G.C.R.: 3" EXISTING G.C.R.: 4.3:1:" l(l- FOR PR<lPERTY UNE~' 1KlII 1HIS PlOT PLNl REUES ON CURRENT DEEDS IUHS Of' RECORD. VDlIF1ED BY FIElD II AS _ HEREON. 1HIS PlAN IS NOT REPREliOlTED TO BE A TIllE EXAIIINA1KlII OR A RECORDABlE SURVEY. N.B.141-61, 314--66 I fEm. CERTFY TO TlE BEST CF MY I<lCooUIl(E 'THAT TlE PREMSES SOO\IN ell TltS PLAN ME LOCAlED Wlllfl TlE 'C" ZCI'€ AS t:l1.JV. lED ell TlE ~ MAP CF CCM1.NTY' t.o, 200230: MASS. EFFEC11\IE: 7/2/1992 rIY TlE FEIElAL ~ MANAeEtENT A<J;NCY. ~,~' !,i~~' ""il........ " "-.'! "if "'~ - ~'f PAUl J. '8-.\ ~:ii SANTOS ::\" ~r No. 36124 Vi ii." "'.0 ",,, "',' ".n...., dl' , ( .....,.t:5...... J!1t.~~tJl:. ~.rrr gl;u(o, MORTGAGE INSPECTION PLAN . 137 POLPIS ROAD IN NANlUCKET, MASSACHUSETlS SCALE:1"-40' DATE: \Nlf/~1l21).200~ DEED REFERENCE:LC.C. 22.171 d PLAN REFERENCE: LC.PL 10999-F ASSESSOR'S REFERENCE: MAP:# PARCEL: 7.1 PREPARED FOR: Dot/I'lA M. BEN<iLOFF, TRiJsrn: NANlUCKET SURVEYORS LLC 5 WINDY WAY NANlUCKET, MA. 02554 COPYRIGHT BY NANTUCKET SURVEYORS, LLC. N- ~770 ~~ TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 I o:J '.0 Date: July 8 ,2009 To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. : 019-09 Owner/Applicant: Donna M. Bengloff Trustee of Nest Egg Nominee Trust 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 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. I.j ~~" I ill '" , I' Iff-{ j, () t~ nD) Michael J. O'Mara, Chairman 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 508-228-7215. NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 137 Pol pis Road Assessor's Map 44, Parcel 7.1 Land Court Plan 10999- F Certificate of Title Nos. 22171,22238 Limited Use General-3 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals on Thursday, May 14, 2009, at 1:00 P.M., at 2 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following Decision on the Application in Zoning Board of Appeals File No. 019-09 of Donna M. Bengloff, Trustee of Nest Egg Nominee Trust, 350 Boylston Street, Unit 305, Boston, MA 02459. 2. Applicant is requesting a Variance pursuant to Nantucket Zoning Bylaw Section 139-32 (variances) from the intensity regulations found in Nantucket Zoning Bylaw Section 139-16 (intensity regulations). Specifically, the Applicant is proposing to construct a second floor deck on the southerly side of the house. The deck will not increase ground cover; but, will extend approximately nine (9) feet into the required twenty (20) foot rear yard setback. In the alternative, the Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139-33.A.(4) (alteration of preexisting, nonconforming structure) to allow the proposed construction. The site is located at 137 Polpis Road, is shown on Nantucket Tax Assessor's Map 44 as Parcel 7.1., is shown on Land Court Plan 10999-F, and is registered at the Nantucket County Registry of Deeds as Certificate of Title No. 22171. The site is zoned Limited Use General - 3. 3. Our Decision is based upon the Application and accompanying materials, representations and testimony received at our public hearing. The Planning Board made no recommendation finding that the Application did not present any issues of planning concern. One of the abutters was represented by counsel and said counsel spoke against the relief requested in the Application. 4. The Applicants were represented by counsel. Counsel for the Applicants stated that the Applicants are the contract purchasers and they wish to construct a second floor deck on the southerly side of the house, together with a spiral staircase leading down to the ground floor landing. The deck will not increase ground cover; but, will extend approximately nine (9) feet into the required twenty (20) foot setback. Counsel for the Applicants informed the Board that this is a unique situation, as this property has been before the Board twice in the last four years (ZBA File Nos. 084-05 and 037-08). Essentially, the locus is a preexisting lot of record and would be subject to a ten (10) foot side setback. In fact, the house and the addition in 2006 were built and sited under this assumption. Because of a technicality, the lot lost its grandfathered status and had to be validated as a buildable lot via variance relief in Board of Appeals File No. 084- 05. The proposed addition would not be any closer to the southerly lot line than the existing covered porch which it would abut. 5. Counsel for the abutter nearest to the addition spoke against the application as the addition will be overlooking their pool and property. Counsel for the abutter also expressed concern that this property is the subject of multiple Zoning Board of Appeals applications. The Board members echoed these sentiments and questioned why this addition was necessary given the history of this locus and the intensity regulations the locus is subject to. 5. Therefore, the Board finds that given the history of the locus and the prior relief granted, Variance relief is not appropriate as specifically owing to circumstances relating to the soil conditions, shape or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of this chapter would not involve substantial hardship, financial or otherwise, to the petitioner or appellant, and the desirable relief may not be granted without substantial detriment to the public good. 6. Accordingly, by a motion made and duly seconded to GRANT the requested relief by VARIANCE pursuant to Nantucket Zoning Bylaw Section 139-32 from the requirements in Nantucket Zoning Bylaw Section 139-16 to extend a second story deck approximately nine (9) feet into the required twenty (20) foot rear yard setback, there were two (2) votes in favor and three (3) opposed (Koseatac, Botticelli, Poor opposed). Therefore, the requested relief is denied. SIGNATURE PAGE TO FOLLOW 2 Dated: Ju I~ f ,2009 COMMONWEALTH OF MASSACHUSETTS J tA "-1 (j Nantucket, ss. J' ~ 0 ,2009 g .lu1i1 On this _ day of~ 2009, before me, the undersigned Notary Public, personally appeared l!-erJ.r] t:-C; S(t.( fr:t C , who is personally known to me, and who is the person whose name is signed on the preceding or attached document, and who acknowledged to me that he/ she signed it voluntarily for its stated purpose. d~ r #/tffi/ Notary Public: tIt;V<1.S< K, ,A-loz)-r.v My commission expires: }-tare?j ~.7,/cV3 3