HomeMy WebLinkAbout057-12 4 Polliwog Pond RoadOwner's name(s): Vera I. Gierke, Trustee
Mailing address: Vera I. Gierke Revocable Living Trust
c/o Glidden & Glidden, P.C.
37 Centre Street, Post Office Box 1079, Nantucket, MA 02554
Phone Number: 508 - 228 -0771 E -Mail: Jessie @gliddenandglidden.com
Applicant's name(s): Vera I. Gierke, Trustee
Mailing Address: Vera I. Gierke Revocable Living Trust
c/o Glidden & Glidden, P.C.
37 Centre Street, Post Office Box 1079, Nantucket, MA 02554
Phone Number: 508 - 228 -0771 E -Mail: Jessie@gliddenandglidden.com
Locus Address: 4 Polliwog Pond Road Assessor's Map /Parcel: 55/423.7
Land Court Plan /Plan Book & Page /Plan File No.: Lot 16 Plan Book 20/55
Deed Reference /Certificate of Title: 1158/122 Zoning District: R -10
Uses on Lot- Commercial: No Yes (describe)
Residential: Number of dwellings: 1 Duplex No Apartments No
Date of Structure(s): all pre -date 7/72: No
D
Z
N
TOWN OF NANTUCKET
C
Cn
BOARD OF APPEALS
�,
s
m
NANTUCKET, MA 02554
3
M
APPLICATION
r
rn
Fee: $300.00 File
No. �S7
-12
Owner's name(s): Vera I. Gierke, Trustee
Mailing address: Vera I. Gierke Revocable Living Trust
c/o Glidden & Glidden, P.C.
37 Centre Street, Post Office Box 1079, Nantucket, MA 02554
Phone Number: 508 - 228 -0771 E -Mail: Jessie @gliddenandglidden.com
Applicant's name(s): Vera I. Gierke, Trustee
Mailing Address: Vera I. Gierke Revocable Living Trust
c/o Glidden & Glidden, P.C.
37 Centre Street, Post Office Box 1079, Nantucket, MA 02554
Phone Number: 508 - 228 -0771 E -Mail: Jessie@gliddenandglidden.com
Locus Address: 4 Polliwog Pond Road Assessor's Map /Parcel: 55/423.7
Land Court Plan /Plan Book & Page /Plan File No.: Lot 16 Plan Book 20/55
Deed Reference /Certificate of Title: 1158/122 Zoning District: R -10
Uses on Lot- Commercial: No Yes (describe)
Residential: Number of dwellings: 1 Duplex No Apartments No
Date of Structure(s): all pre -date 7/72: No
Building Permit Numbers: 8442 -91
Previous Zoning Board Application Numbers: N/A
State below or attach a separate addendum of specific special permits or variance relief
applying for:
SEE ATTACHED
I certify that the information contained herein is substantially complete and true to the
best of my knowledge, un4e� the pains and penalties of perjury.
SIGNATU
SIGNATURE:
Applicant /Attorney /Agent*
Owner*
*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:—/—/—
ZBA APPLICATION ATTACHMENT
4 Polliwog Pond Road
Locus consists of a 1.5 story main house (ground cover of 926 ± sq. ft.) and a 120± sq. ft.
shed which does not count toward ground cover per zoning by -law 139 -2, as shown on
plan entitled "As -Built Plot Plan for Zoning Board of Appeals (B) ", dated August 14,
2012, by On- Island Survey, Inc., attached hereto as Exhibit A.
Locus is located in R -10 zoning district; which provides a minimum lot size of 10,000 sq.
ft.; minimum frontage of 75 feet; front yard set back of 20 feet; and rear /side setback of
10 feet; and ground cover ratio of 25 %.
Locus is nonconforming as to lot size, consisting of 7,370± sq. ft. where 10,000 ± sq. ft.
is required. The dwelling complies with ground cover, having a ground cover ratio of
12.56% where 25% is allowed; complies with frontage, having 75 feet of frontage on
Polliwog Pond Road; complies with front yard setback, having a setback of 43.7 feet
where 30 feet is required; complies with side and rear setbacks, being located 13.3 feet
from the lot line at its closest point.
The shed, in its current location, violates the side and rear setback, being sited 0.8' ±
away from the rear lot line at its closest point. Pursuant to a notice to cease and desist
from the Zoning Enforcement Officer, Applicant proposes to move the shed, to cease the
violation.
Per 139 -16 (c) (1), the ZBA may grant a special permit to reduce the side and /or rear
setbacks to 5 feet in R -10 Zone. Applicant proposes to site the shed in the location shown
on plan entitled "As -Built Plot Plan for Zoning Board of Appeals (A) ", dated August 14,
2012, by On- Island Survey, Inc., and attached hereto as Exhibit B. As shown, the shed
would be 6 feet away from the rear setback and northerly side yard setback at its closest
point.
Applicant has HDC approval for the shed (Certificate of Appropriateness No. 54883).
Relief Requested
Applicant requests relief by Special Permit under By -Law § 139 -16 (c) (1) to
reduce the rear and side yard setback from 10 feet to 5 feet with respect to the
rear setback and northerly side yard setback to accommodate the shed in its
proposed location.
2. In the alternative, Applicant requests variance relief pursuant to the intensity
regulations set forth in § 139 -16 of Nantucket Zoning By -Law to relocate the shed
in the proposed location shown on Exhibit B.
/
/
/o
MAP 55
PARCEL 420
/ v/ / 00
0
� L 3B7
/ O
� o
9 /
rossy999' /
I CE@&O-010141WIJILDINGS 39.w
MAP 55
PARCEL 423.6
MINIMU 10,000 SQ. FT.
MINIMUM F GE = 75 FT.
FRONT YARD SETBACK = 20 FT.
REAR YARD SETBACK = 10 FT.
SIDE YARD SETBACK = 10 FT.
GROUND COVER RATIO 25%
EXISTING GROUND COVER RATIO 12.56 %
ON- ISLAND SURVEY INC.
PROFESSIONAL LAND SURVEYORS
P.O.BOX 896
NANTUCKET, MA. 02554
(508) 228 -8031
U-)
N
a-
0
O
m
P�
QQP /.
P/
h
ti
IRON PIPE
FOUND
(TYPICAL)
MAP 55
PARCEL 246
"AS— BUILT" PLOT PLAN
FOR ZONING BOARD OF APPEALS (B)
NANTUCKET, MA.
(NANTUCKET COUNTY)
SCALE 1 IN.= X FT
#4 POLLIWOG POND ROAD
AUGUST 14, 2012
PLAN NO. 21, PAGE 48
ASSESSORS MAP 55 , PARCEL 423.7
PREPARED FOR: GIERKE, VERA
/
Q
�
QO
/
/
/o
MAP 55
PARCEL 420
/ v/ / 00
0
� L 3B7
/ O
� o
9 /
rossy999' /
I CE@&O-010141WIJILDINGS 39.w
MAP 55
PARCEL 423.6
MINIMU 10,000 SQ. FT.
MINIMUM F GE = 75 FT.
FRONT YARD SETBACK = 20 FT.
REAR YARD SETBACK = 10 FT.
SIDE YARD SETBACK = 10 FT.
GROUND COVER RATIO 25%
EXISTING GROUND COVER RATIO 12.56 %
ON- ISLAND SURVEY INC.
PROFESSIONAL LAND SURVEYORS
P.O.BOX 896
NANTUCKET, MA. 02554
(508) 228 -8031
U-)
N
a-
0
O
m
P�
QQP /.
P/
h
ti
IRON PIPE
FOUND
(TYPICAL)
MAP 55
PARCEL 246
"AS— BUILT" PLOT PLAN
FOR ZONING BOARD OF APPEALS (B)
NANTUCKET, MA.
(NANTUCKET COUNTY)
SCALE 1 IN.= X FT
#4 POLLIWOG POND ROAD
AUGUST 14, 2012
PLAN NO. 21, PAGE 48
ASSESSORS MAP 55 , PARCEL 423.7
PREPARED FOR: GIERKE, VERA
/
i Q
/ Q
Q
ZONING CiAS9Wn7lON: R -10
MINIMUM LOT SIZE = 10,000 S0. FT.
MINIMUM FRONTAGE = 75 FT.
FRONT YARD SETBACK = 20 FT.
REAR YARD SETBACK = 10 FF.
SIDE YARD SETBACK = 10 FT.
GROUND COVER RATIO 25%
EXISTING GROUND COVER RATIO 12.56 %
ON- ISLAND SURVEY INC.
PROFESSIONAL LAND SURVEYORS
P.O.BOX 896
NANTUCKET, MA. 02554
(508) 228 -8031
E �< H ( P, n- �g
,o
i
/
/ MAP 55
PARCEL 420
N
Lu i
Q I
Q_
C
N
`1
O
m
IRON PIPE
FOUND
(T)PICAL)
MAP 55
PARCEL 246
"AS- BUILT" PLOT PLAN
FOR ZONING BOARD OF APPEALS (A)
NANTUCKET, MA.
(NANTUCKET COUNTY)
SCALE 1 IN.= ,_111� FT
#4 POLLIWOG POND ROAD
AUGUST 14, 2012
PLAN NO. 21, PAGE 48
ASSESSORS MAP 55 , PARCEL 423.7
PREPARED FOR: GIERKE, VERA
Town and County of Nantucket August 1b, 1U1 L
f
126 i � J i
7
320
1.1
12
lip4213
jf
421.1 20 f -
Avon
423:7 47 7 r
!
23. 245
j
_ � r
r t
245 w-
1 " = 105 4' 422.9
Property Information
Property ID
55 423.7
Location
4 POLLIWOG POND RD
Owner
GIERKE VERA I TRST
GOERKE VERA I REV LIV TRS
>I 423.4
r f:� 'AM
9
7
MAP FOR REFERENCE ONLY
NOT A LEGAL DOCUMENT
The Town makes no claims and no warranties,
expressed or implied, concerning the validity or
accuracy of the GIS data presented on this map.
Parcels updated January 1, 2011
•
z
H
H
A H
a�
W E-4
E H
ova z
C
0
.a
N
ro
N
u
m
a
a
.N
w l
�I
U
m
�I
z
m
t
U
z
m
2
a
a
00
X
0
O
H
W
I
o 2 0 0 2 0 o&
P.
N ai ai m m N m of m N m a m a ai ian .� a a 0 H 0 a s a
w° a & a 0a & & &
g H m n in m- H H w w N w N V m H o N O
N N H H H H H m m m N m N H m m H H m H n H ll1 H w w
H
0
O
0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O o o m m O w 0
ul m 0 m N N N ill N N m N w. N N m m m to m N N m N rn
N 111 N N N m N N N m m N N. N N N ill N n N N N N w m O
N N N N N N N N N N N N N N N N N N H N N N N l0 O N
O O O O O O O O O O O O O O O O O O O O O O O O N O
El
w
H F F F H H E H F F H E H H H H F H EP FW HW H p V W a
U U U v U U U U U U U U U U U U U U U U 3£
U
q [] q O
z o N w W z a
u E m a 2 o& u� a
m H a w w m t9 0 0 S t7 U H o q
a s a.H w a a a a N w o a a N a p np77 a Ht� a N x
w w w N W a w w w w p H O F
Lail ai of 0 ' of tail tan lan 0 a0 O ia-1 w w 0 0 Oa tai - W lad CHO
0o�i�ima &
b H Ol n O m w l0 O a N t0 O H N N a
H H N O
c�
H
N H E a
N a a xwx
ai ai � F
U U 8 EH2,7
a N H O T
q q U U
qaH Fqa H
E F aa
H
a 01 w rC
Q�Q yy�. a E El �z7
yy a Cl p7
El
El
O PEG w O izyC z� a H rzu�(Fw7. H �gQ7 �?7�+.! Fi ,ryFN. N Hd
PC P,
a .
o (FFENyj{ T S o T WE w {7i] h F uwl �G o f RG Ea
El pq
w a U V a y a 0 u w D4 a I z U a a H a CE9 h a w a iw9
ji41 w Y�,77� p�ay2 W2 w a>> w pW ZWp,� U o w .F. H DWWG z 'WNW zpp z z z
H a E U 9 � G U 00 > w U H� tai G a H a 'd W$ Z
u a m �i a w a s g w He o
H N m 0 111 l0 H N m V� l0 w O1 H N m C' ill t0
n w Ol t0 O O H H H N N N N m m m m m m
H H H H H H H H H H N m@ V' o o V V o o tT Q V' V V ♦}
ill ill 111 111 111 N Yl h
N ill N N N N N N N N N 2 N N h N N / m N N m N n h N N
ro
a
a
N
O
rn
ti
O
N
u7
Date: October 2, 2012
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 057 -12
Owner /Applicant: VERA I. GIERKE, TRUSTEE OF THE
VERA I. GIERKE REVOCABLE 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.
�3
EdwardA 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.
Z
D
r�v
°
Z
C
^�
�
M
n
TOWN OF NANTUCKET
Za
N
m
°
C*:1
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: October 2, 2012
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 057 -12
Owner /Applicant: VERA I. GIERKE, TRUSTEE OF THE
VERA I. GIERKE REVOCABLE 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.
�3
EdwardA 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 55, Parcel 423.7 Lot 16, Plan Book 20, Page 55
4 Polliwog Pond Road
Residential —10 Book 1158, Page 122
DECISION:
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 VERA I. GIERKE, TRUSTEE OF THE
VERA I. GIERKE REVOCABLE LIVING TRUST c/o Glidden & Glidden, P.C., 37 Centre
Street, PO Box 1079, Nantucket, Massachusetts 02554, File No. 057 -12:
2. Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw
Section 139- 16.C.(1) in order to reduce the side and rear yard setback in the Residential — 10
zoning district from ten (10) feet to five (5) feet in order to site a shed approximately six (6) feet
from the side and rear yard setback. In the alternative, the Applicant is requesting Variance
relief pursuant to Nantucket Zoning Bylaw Section 139 -32 (Variances) from the intensity
regulations in Section 139 -16 (intensity regulations — setbacks) in order to site the shed six (6)
feet from the side and rear yard lot line. The Locus is situated at 4 Polliwog Pond Road, is
shown on Nantucket Tax Assessor's Map 55 as Parcel 423.7, is shown as Lot 16 in Plan Book
20, Page 55, and is recorded at the Nantucket County Registry of Deeds in Book 1158, Page 122.
The property is zoned Residential — 10.
3. Our decision is based upon the application and accompanying materials,
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. There were
letters in favor of the application and an abutter spoke against the application at the hearing.
4. Attorney Jessie M. Glidden represented the Applicant. Attorney Glidden explained to the
Board of Appeals that the Applicant is requesting Special Permit relief pursuant to Nantucket
Zoning Bylaw Section 139- 16.C.(1) in order to reduce the side and rear yard setback in the
Residential — 10 zoning district from ten (10) feet to five (5) feet in order to site a shed
approximately six (6) feet from the rear yard lot line and 6.1 feet from the side yard lot line. The
shed was inadvertently sited as close as 0.8 feet from the rear yard lot line and 3.8 feet from the
side yard lot line and intends to move the shed outside the setbacks. The Applicant is therefore
requesting Special Permit relief in order to reduce the side and rear yard setbacks from ten (10)
feet to five (5) feet so as to site the shed outside the five (5) foot setback.
The abutter to the east (Map 55, Parcel 246) spoke against the application and requested
that the shed be sited approximately eight (8) feet from the rear yard lot line. Counsel for the
Applicant was amenable to such a request and modified the request so that the shed would now
1
be sited approximately eight (8) feet from the rear yard lot line and six (6) feet from the side yard
lot line.
5. After discussion among the board members, the board finds that reducing the side
and rear yard setbacks from ten (10) feet to five (5) feet in order to relocate the existing shed so
that it will be sited approximately eight (8) feet from the rear yard lot line and six (6) feet from
the side yard lot line will be in harmony with the spirit and intent of the zoning bylaw.
6. Accordingly, by a unanimous vote of the board, the board grants the requested
Special Permit relief to allow the reduction of the side and rear yard setback from ten (10) feet to
five (5) feet pursuant to Nantucket Zoning Bylaw Section 139- 16.(C)(1) in order to relocate the
existing shed with the following condition:
a. That the existing shed shall be relocated so that it is no closer than eight (8)
feet from the rear yard lot line (Map 55, Parcel 246) and no closer than six (6)
feet from the northeast side yard lot line (Map 55, Parcel 420).
SIGNATURE PAGE TO FOLLOW
Dated: `� , 2942
Lisa Botticelli
Geoffrey Thayer V
COMMONWEALTH OF MASSACHUSETTS
Nantucke , SS
2012
On the day of U l ��rW , 2012, before me, the undersigned notary public,
A f�
personally appeared L(V�i �!�'r'J , one of the above -named members of
the Zoning Board of Nantucket, Massachusetts, personally known to me to be the person whose
name is signed on the preceding document, and acknowledged that /she signed the foregoing
instrument voluntarily for the purposes therein expressed.
3
Notary Public-' 5'i '
My Commission Expires:
llNtZoI`t
\�\��, "` " "`" • -.,
3