HomeMy WebLinkAbout083-11 Tom NeversDate: 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, /,, Cs49
— � Z 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
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 n
subject lots and would not k
neighborhood than the existing
site plan labeled, "Plan of
September 12, 2011, prepared
attached hereto as "Exhibit A."
SIGNATURE PAGE TO FOLLOW
�w nonconformity on any of the
e any more detrimental to the
nonconformities as shown on the
Land in Nantucket, MA.," dated
by Nantucket Surveyors, LLC,
3
Dated: fgt� � , 2012
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss. 11wit Y '2012
On this da o i (AL 2012, before me, the undersigned Notary Public, personally appeared
uS 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 heCk signed it
voluntarily for its stated purpose.
N9,tary Public:
My commission expires:
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