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Home My WebLink About083-11 Tom Nevers, Owners of 6 LotsTOWN OF NANTUCKET j BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Fee: $300.00 Owner's name(s): SEE EXHIBIT A Mailing address: Phone Number: 508- 228 -0771 File No. Oysrtl E -Mail: Richard @gliddenandglidden.com Applicant's name(s): SEE EXHIBIT A Mailing Address: Phone Number: 508 - 228 -0771 E- Mail: Richard @gliddenandglidden.com Locus Address: SEE EXHIBIT A Assessor's Map /Parcel: SEE EXHIBIT A Land Court Plan /Plan Book & Page /Plan File No.: Deed Reference /Certificate of Title: SEE EXHIBIT A Zoning District: LUG III Uses on Lot- Commercial: None: Yes (describe) Residential: Number of dwellings: Duplex Apartments Date of Structure(s): all pre -date 7/72: Building Permit Numbers: Previous Zoning Board Application Numbers: N/A State below or attach a separate addendum of specific special permits or variance relief applying for: SEE EXHIBIT B I certify that the information contained herein- is substantially complete and true to the best of my knowledge, under the pains penalties of perjury. SIGNATURE: / Owner* SIGNATURE: ( � 1' \� Applicant /Attorney /Agent* *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with Town Clerk:–/–/— Mailed:_ /_ /_ I &M_ /_ /_ &_/_ /_ Hearing(s) held on:—/—/— Opened on:—/—/— Continued to:—/—/— Withdrawn:_ /_ /_ Decision Due By:—/—/— Made:_ /_ /_ Filed w /Town Clerk:—/—/— Mailed:_ /_ /_ EXHIBIT - A Applicants are the owners of six house lots in Tom Nevers that are pre- existing lots of records. The ownership and lot size is as follows: Lot 1. John R. Schmidt and Wendy F. Conway Tax Map 92.4 Certificate of Title No: 23403 Parcel 121 Lots 223 -239 on Land Court Plan 5004 -D 28 Bosworth Road Lot Area 85,000 square feet Lot 2. Maria Emilia Pozz Peisch and Richard F. Peisch, Trustees Tax Map 92.4 Certificate of Title No: 17463 Parcel 8 Lots 436 -449 on Land Court Plan 5004 -D, and 1 Cheshire Road Lots 512 -513 on Land Court Plan 5004 -L Lot Area 84,648 square feet Lot 3. Tax Map 92.4 Parcel 145 5 Surrey Road Lot 4. Tax Map 92.4 Parcel 141 4 Wanoma Way Mary Joan Hoffman and Richard D. Hoffman, Trustees Certificate of Title No: 23144 Lots 200 -215 on Land Court Plan 5004 -D Lot Area 80,000 square feet Michael J. Jacobson and Nancy L. Jacobson, Trustees Certificate of Title No: 21364 Lots 196 -199 and 216 -219 on Land Court Plan 5004 -D Lot Area 40,000 square feet Lot 5. Job H. Lippincott and Catherine T. Lippincott, Trustees Tax Map 92.4 Certificate of Title No: 18138 Parcel 166 Lots 194 -195 on Land Court Plan 5004 -D 12 Wanoma Way Lot Area 10,000 square feet Lot 6. Laura A. Bember Tax Map 92.4 Certificate of Title No: 20926 Parcel 167 Lots 176 -182 and 184 -193 on Land Court Plan 5004 -D 7 Surrey Road Lot Area 85,000 square feet Applicants filed a petition with Massachusetts Land Court to eliminate two paper roads that abut the above properties. The paper roads are Hussey Road a/k/a Sussex Road and Brock Road a/k/a Cheshire Road. The Land Court has issued a decree eliminating rights of others in the paper road. Applicants have prepared a Land Court Plan dividing the paper roads into lots that are to be conveyed to abuttors and become part of their lot. As a result the six previously listed lots will have square footage added to them and they will become more conforming but still will not have 120,000 square feet and therefore will still be non - conforming lots. The resultant lot sizes will be as follows: Lot 1 - Current Area 85,000 square feet New Area 94,000 square feet Lot 2 - Current Area 84,648 square feet New Area 95,196 square feet Lot 3 - Current Area 80,000 square feet New Area 96,000 square feet Lot 4 - Current Area 40,000 square feet New Area 48,000 square feet Lot 5 - Current Area 10,000 square feet New Area 12,000 square feet Lot 6 - Current Area 85,000 square feet New Area 95,000 square feet Applicants seek a Special Permit pursuant to CH 139 0 33 (8) to allow the alteration of these six pre- existing lots by adding the designated lot area so they will be less non- conforming. low VKONVJ% van% am Eq PAS IJ- 03 S z Oil :Y-- 1 — -- - • , Sly poll 1.0-4 N CD " < u 1 q / .! A 1 1 im q [ hi dim KIP, I RF [ hi dim I QW.1 10 I, K 4, No r CSCCC��CCCCC X80 }�v �v RY ja g >i g III IS�Ii x 111 w' �r.% i o w M1 A0, /• I i i i s� I � 0111 IIIII i2 �I 0 I r -- iv ?i X t —Fp'— L Er N� q1 i m I F I Talc o 6. fm j NF� S 1,P - I v �- - - I � I r I Lie �1 Vii D I I i I I i I I I` i i II �I �I II I I II ATLANTIC OULEVAR A.K.A. WANOMA y � a �nr 9 ��, ■ m� f R B rk 1 maw Opp SSA° �_ -I� � 16I x . I I I' Or jk I ,mar s7lOI�7'I s,.a� . I c _ gnaw sror wi� • Pr II • ` $fig - �-II- c i! [rpCaY4/}/"T�� Foil Jji°r rut I I i I I i I I I` i i II �I �I II I I II ATLANTIC OULEVAR A.K.A. WANOMA y � a �nr 9 ��, ■ m� f R B Date: March 9. 2012 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 083 -11 Owner /Applicant: JOHN R. SCHMIDT AND WENDY F. CONWAY, MARIA EMILIA POZZ PEISCH AND RICHARD F. PEISCH, TRUSTEES OF SANKATY NOMINEE TRUST, MARY JOAN HOFFMAN, TRUSTEE OF THE MARY JOAN HOFFMAN IRREVOCABLE QUALIFIED PERSONAL RESIDENCE TRUST, RICHARD D. HOFFMAN, TRUSTEE OF THE RICHARD D. HOFFMAN IRREVOCABLE QUALIFIED PERSONAL RESIDENCE TRUST, MICHAEL J. JACOBSON AND NANCY L. JACOBSON, TRUSTEES OF MICHAEL J. JACOBSON 1997 TRUST, JOB H. LIPPINCOTT AND CATHERINE T. LIPPINCOTT, TRUSTEES OF LIPINCOTT LIVING TRUST, AND LAURA A. BEMBER 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. S. /r, le Cs49 EdwarcrS. Toole, 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 2 Fairgrounds Road Nantucket, Massachusetts Assessor's Map 92.4, Parcels 121, 8, 145, 141, 166, and 167 28 Bosworth Road, 1 Cheshire Road, 5 Surrey Avenue, 4 Wanoma Way, 12 Wanoma Way, and 7 Surrey Avenue Limited Use General - 3 DECISION: APPEALS 02554 Certificate of Title Nos. 23,403, 17,463, 23,144, 21,364, 18,138, and 20,926 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, December 8, 2011, at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of JOHN R. SCHMIDT AND WENDY F. CONWAY, MARIA EMILIA POZZ PEISCH AND RICHARD F. PEISCH, TRUSTEES OF SANKATY NOMINEE TRUST, MARY JOAN HOFFMAN, TRUSTEE OF THE MARY JOAN HOFFMAN IRREVOCABLE QUALIFIED PERSONAL RESIDENCE TRUST, RICHARD D. HOFFMAN, TRUSTEE OF THE RICHARD D. HOFFMAN IRREVOCABLE QUALIFIED PERSONAL RESIDENCE TRUST, MICHAEL J. JACOBSON AND NANCY L. JACOBSON, TRUSTEES OF MICHAEL J. JACOBSON 1997 TRUST, JOB H. LIPPINCOTT AND CATHERINE T. LIPPINCOTT, TRUSTEES OF LIPINCOTT LIVING TRUST, AND LAURA A. BEMBER, c/o Richard J. Glidden, Esq., Glidden & Glidden, P.C., 37 Centre Street, Nantucket, MA 02554, File No. 083 -11: 2. Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(8) (alteration of preexisting nonconforming lots) in order to alter the following preexisting nonconforming lots by adding parcels from paper roads that have been eliminated by decree of Land Court to said lots. The lots, as so altered, will still not meet the minimum lot size of the LUG -3 zoning district. The Loci are situated at 28 Bosworth Road, 1 Cheshire Road, 5 Surrey Ave, 4 Wanoma Way, 12 Wanoma Way, 7 Surrey Avenue; are shown on Nantucket Tax Assessor's Map 92.4 as Parcels 121, 8, 145, 141, 166, and 167; and title is registered as Certificate of Title Nos. 23,403, 17,463, 23,144, 21,364, 18,138, and 20,926, respectively, in the Nantucket County Registry District of the Land Court. The properties are zoned Limited Use General - 3. 1 3. Our decision is based upon the accompanying materials, representations, and t at our public hearing. There was no recommendation on the basis that no matters of were presented. There were no letters in opposition to the application. application and estimony received Planning Board planning concern favor of or in 4. Attorney Richard Glidden represented the applicant at the hearing. Attorney Glidden explained to the Board that the .44'Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 33.A.8) in order to alter the preexisting nonconforming lots. Attorney Glidden further explained that the Applicants have filed a petition with Massachusetts Land Court to eliminate two paper roads that abut the properties in question. These paper roads are Hussey Road (aka Sussex Road) and Brock Road (aka Cheshire Road) . The Land Court has issued a decree eliminating the rights of others in the paper roads. The Applicants have prepared a Land Court Plan dividing the paper rods into lots that are to be conveyed to abutters and become part of their lot. As a result, the above - referenced lots will all increase their respective lot areas, but will still be undersized for the zoning district in which they are located. 5. Therefore, after a discussion with the agent for the Applicant, the Board finds that such a Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(8) in order to alter the preexisting nonconforming lot by adding square footage, but not enough to increase the lot area enough to be in conformance with the Limited Use General - 3 zoning district (120,000 square feet) would not increase the nonconforming nature of any lot or create any new nonconformity on any of the subject lots and would not be any more detrimental to the neighborhood than the existing nonconformity. The Board of Appeals so finds that this type of alteration would be in harmony with the general purpose and intent of the Zoning Bylaw. 6. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board of Appeals made the finding that Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(8) in order to alter the preexisting nonconforming lots by adding square footage, but not enough to increase the lot area enough to be in conformance with the Limited Use General - 3 zoning district would not increase the nonconforming nature of any of the 2 subject lots or create any new nonconformity on any of the subject lots and would not be any more detrimental to the neighborhood than the existing nonconformities as shown on the site plan labeled, "Plan of Land in Nantucket, MA.," dated September 12, 2011, prepared by Nantucket Surveyors, LLC, attached hereto as "Exhibit A." SIGNATURE PAGE TO FOLLOW 3 Dated: Gh � , 2012 COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. 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