HomeMy WebLinkAbout056-12 12 Wanoma WayFee: $300.00
TOWN OF NANTUCKET Z N
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BOARD OF APPEALS
NANTUCKET, MA 02554 M s
APPLICATION
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File No.
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Otivner's name(s): job H. Lippincott 111 and Catherine T. `Lippincott, Trustees of Lippincott LI�.in�
Trust c
tilailing address: c/o Reade, Guthcksen, Hanle ,,, c'k Gifford, LLP
PO Box 2669, Nantucket, ?VLc 02584
Phone Number: (508)228 -3128 E- Mail:mh @readela`v.com
Applicant's name(s): same
Mailing Address: same
Phone Number: same E- flail: same
Locus Address: 12 Wanoma Way Assessor's Map /Parcel: 92.4 -165 and 166
Land Court Plan 5004 -94, Lot 1009
m: 1 8 '-- 1strlct LIM11[ed U,, ( r
Cerdticatc of Title: i3�3o �.unli�g D �e �Tener� -_� (LUG-3)
Uses on Lot- Commercial: None x Yes (describe)
Residential: Number of dwellings 1 Duplex Apartments
Date of Structure(s): all pre-date 7/72 or 1985, 2002, 2007
Building Permit Numbers: 3839 -85, 4119 -85, 205 -02, and-1-1-24-07
Previous Zoning Board Application Num
2 Fairgrounds Road Nantucket Massachusetts 02554
508 - 228 -7215 telephone 508- 228 -7298 facsimile
State below or attach a separate addcnduni of specific special permits or variance relief applying for:
Applicant requests a Variance pursuant to Section 139 -32 of the by -law, from the Intensity
Requirements of Section 139 -16 of the by -law, to validate e.l isting ground coverage of 1506 square
feet upon the Premises. Required ground cover is 1500 square feet.
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.
SIGNATURES _ _ , ,. - 'Owner*
SIGNATURE: Applicant/ Attorney/ kgent*
if an Attoriiey Or other 13trent is representing the Owner or the Applicant, please prov.ce a Stgnea
1.7 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:–/j– By: Waiver requested:
Granted: / ;'_ I l -az nGtice pOSte`u w.th TG U: Cierk:_i _% _ I<<lied:_ _.
6z // Hearing(s) held on:_ /_ /_ Opened on:
Continued to: _ /_ /_ tYlIthdr a`Un'= /_ i1eclsion
Made:—/—/— Filed w /Town Clerk: // Mailed:—/—/_
2 Fairgrounds Road Nantucket Massachusetts 02554
508 - 228 -7215 telephone 508 - 228 -7298 facsimile
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WANOMA WAY
DIMENSIONAL REQUIREMENTS
ZONING CLASSIFICATION: LUG -3
MINIMUM LOT AREA: 120000 S.F.
MINIMUM FRONTAGE: 200'
MINIMUM FRONT YARD SETBACK: 35'
MINIMUM 51DE YARD SETBACK: 20'* 10'
MINIMUM REAR SETBACK: 10,
MAXIMUM GROUND COVERAGE: 370
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FOR
12 ;n /A�inn��lA, \j1 /4Y �ILa,�ITI IrKFT, nnA
PREPARED FOR
KENT J. MURPHY, INC.
°C.4LE DATE DP,4WN BY:
I " = 30' 07-21-20 08 TMW
JOB NUMBER: REVISION: 5h1EET NUMBER:
08 -004 CPP- I
VV LLLLR * AJ5OI.IATL5
1 645 FALMOUTH RD., SUITE 4C -- P.O. BOX 4 17
Traverse PC
GENTERVILIE, MA 02632
2 WINDY WAY, #232 NANTUCKET, MA 02554
TEL.: (508) 775 -0735 -- FAX: (508) 775 -0754
EMAIL: trisweller @comcast.net
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Town of Nantucket
Zoning Board, of Appeals
RECEIVED
BOARD OF ASSESSORS
AUG 0 8 2012
TOWN OF
NANTUCKET, MA
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF,
.................................
PROPERTY OWNER .........
C/o Reade, Gullicksen, Hanley .' & Gifford, LLP
Mjk1t..INGADDRESS..6,,Y,o.ttnq's Way Nantucket, MA 025-5/1
Nantucket,
1-,OCATION.. .
ASSESSOJ l:�PTARCEJ-
..........
SUBMITTED By..Reade, Guliicksen, Hanley & Gifford
.......... ... :1 ......
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 (14.G.L, c, 40A, Section 11 and Zoning Code Chapter 40A, Section 139-29B
(2)•
ASSESSOR'S OFFIC
TOWN OF NANTUCKET
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John R. Schmidt
& Wendy F. Conway
4570 Delafield Ave
Riverdale, NY 10471
Mary Joan Hofmann Trst etal
2800 S. Ocean Blvd 10A
Boca Raton, FL 33432
Michael B., John B. &
Patricia A. McCormick
8206 Verbeck Dr
Manlius, NY 13104
Craig Gerard
376 Newton St
Chestnut Hill, MA 02467
Wanoma Realty, LLC
326 Wickford Point Rd
North Kingston, RI 02852
Nantucket Conservation
Foundation, Inc.
PO Box 13
Nantucket, MA 02554
Laura A. Bemben
PO Box 337
Nantucket, MA 02554
Wanoma Way, LLC
6628 West Shore Drive
Edina, MN 55435
Brian Donovan
18 Russell Park
Quincy, MA 02169
Richard H. Evans, Jr., T rst
RHE Qualified Pers Res Trst
2816 SE Dune Drive
Stuart, FL 34996
Thomas F. & Christine M. Carroll Mary Zappas
PO Box 442 129 Essex St #3
Washington Crossin, PA 18977 Salem, MA 01970
12 Wanoma Way
Map 924, Parcel 165
Set of Two
Page 1 of 1
Michael J.
& Nancy L. Jacobson, Trst
Michael J. Jacobson 1997 Trst etal
16 Highland Ave
Cambridge, MA 02139
Harvey E. & Susan F. Matloff
7 Golden Rod Ct
Cheshire, CT 06410
Rudy & Ellen Boschwitz
330 Inland Ln
Plymouth, MN 55447
Seven Mayhew Rd., LLC
c/o Eleanor T. Russell
3330 Hess Road
Monkton, MD 21111
Katherine Van G reenhy Trustee
c/o Michael Pierce, CPA
240 Pleasant St
Methuen, NA 01844
Richard W. & Lillian Jagolta, Tr
PO Box 835
Siasconset, MA 02564
Marianne Hanley
Reade, Gullicksen, Hanley & Gifford,
LLP
Post Office Box 2669
Nantucket, MA 02584
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No:
Owner /Applicant:
056 -12
JOB H. LIPPINOCOTT III AND
CATHERINE T. LIPPINCOTT, TRUSTEES OF LIPPINCOTT LIVING 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�l � 1 14 Jm)
Edward S. 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 APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 92.4,
Parcels 165 and 166
12 Wanoma Way
Limited Use General -3
FIYK6 &fir *]1F
Land Court Plan 5004 -94
Lot 1009
Certificate of Title 13138
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Thursday, September 13, 2012, at 1:00 P.M., at 4
Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following decision on the application of Job H. Lippincott III
and Catherine T. Lippincott, Trustees of Lippincott Living Trust
c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box
2669, Nantucket, Massachusetts 02584, File No. 056 -12:
2. Applicants are requesting Variance relief pursuant to
Nantucket Zoning Bylaw Section 139 -32 (Variances) from the
intensity regulations in Section 139 -16 (intensity regulations -
ground cover) in order to validate their existing ground
coverage of 1506 square feet when 1500 square feet is the
maximum allowable ground coverage for undersized lots in the
Limited Use General - 3 zoning district. The Locus is situated
at 12 Wanoma Way, is shown on Nantucket Tax Assessor's Map 92.4
as Parcels 165 and 166, is shown on Land Court Plan 5004 -94 as
Lot 1009, and title is registered as Certificate of Title No.
13,138 in the Nantucket County District of the Land Court. The
property is zoned Limited Use General - 3.
3. Our decision is based upon the application and
accompanying materials, and representations and testimony
received at our public hearing. Several neighboring property
owners sent letters in support of the Applicant's variance
request. There was no opposition to the request.
4. Through their attorney and agents, Applicants informed
the Board that they received a building permit in 2007 to place
an addition to their existing home. The work entailed closing
in an existing deck, as well as removing a shed -type structure
attached to the main mass of the house. The building permit
recited that the renovated structure would have 1483 sq. ft. of
ground coverage upon completion. It appears that such ground
cover calculation was based upon defective measurements by
Applicants' agents, and in fact, upon completion of the
renovation, the finished ground cover was actually 1506 square
feet, six feet more than is allowed for a lot of this size in
this zoning district. There is also a small shed on the
property, which is not required to be included in ground
coverage calculations. The Board notes that Applicants' home is
fairly modest in size for the neighborhood, and that several of
the surrounding homes, even though still not meeting the
required lot area for this district, are on larger lots, and are
able to accommodate larger homes and ancillary structures, such
as swimming pools and tennis courts. The Board further notes
that subsequent to the renovation, the size of Applicants' lot
actually increased by 200, due to a neighborhood effort in
eliminating paper roads. However the additional lot area
achieved is still insufficient to provide Applicants a benefit
as to ground coverage amounts.
5. The Board of Appeals made the finding that, owing to
circumstances relating to the shape of the lot and the structure
thereon, and not generally affecting other properties in the
neighborhood, desirable relief to validate the existing ground
cover of 1506 square feet could be granted without derogating
from the purpose and intent of the Zoning By -law, and that the
applicant would suffer substantial financial hardship if such
relief were not granted.
6. Accordingly, on the basis of said finding, the Board of
Appeals voted by UNANIMOUS vote of the five sitting members to
grant relief by Variance from the ground cover requirement under
By -law §139 -16.A, to validate the existing ground cover of the
1506 square feet dwelling, as shown upon Exhibit A attached
hereto.
SIGNATURE PAGE TO FOLLOW
Dated: September 9 , 2012
Nantucket, ss.
Poor
COMMONWEALTH OF MASSACHUSETTS
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On this �O day of September, 2012, before me, the
unders }1gne notary public, personally appeared
I"��►�, �irf proved to me throu h satisfactory
evidence of identification, which was to be
the person whose name is signed on the preceding or attached
document, and acknowledged to me that & /she signed voluntarily
for its stated purpose.
D Wo tjary Public
Printed N me: 6 D
My Commission Expires: 1(IjjZ'# ff
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LOT
1009
12000 5.F.
48.8'
EXISTING 5HED
55 S.F. ----7
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WANOMA WAY
DIMEN51ONAL REQUIREMENT5
ZONING CLASSIFICATION:
LUG -3
MINIMUM LOT AREA:
120000 S.F.
MINIMUM FRONTAGE:
200'
MINIMUM FRONT YARD SETBACK:
35'
MINIMUM SIDE YARD SETBACK:
2014 10'
MINIMUM REAR SETBACK:
1 O'
MAXIMUM GROUND COVERAGE:
3%
Z, <I-
Traverse PC
1 _3'
NOTE: SETBACK TIES ARE TO BUILDING
CORNERBOARD5 4 BUILDING AREA
15 COMPUTED WITH FOUNDATION
DIMEN51ON5.
BUILDING LOCATION PLAN
FOR
12 WANOMA WAY NANTUCKET, MA
PREPARED FOR
KENT J. MURPHY INC.
SCAM
I " = 30'
DAM
07 -21 -2008
DMVM BY:
TMW
JOB NUMBER: 08- 0041505-24-2012
!
9F1EET NUMB: CPP- I
WELLED * A550CIATE5
I G45 FALMOUTH RD., SUITE 4C — P.O. BOX 417 CENTERVILLE, MA 02632
2 WINDY WAY, #232 NANTUCKET, MA 02554
TEL.: (508) 775 - 0735 ^- FAX: (508) 775 -0754
EMAIL: trt5wcJIcr@comcart.oct