HomeMy WebLinkAbout007-13 11 Midland Avenue0
RECEIVED
TOWN OF NANTUCKET 2613 fiflfl 5 PM 1 18
BOARD OF APPEALS NANTUCKET TOWN CLERK
NANTUCKET, MA 02554
APPLICATION
Fee: $300.00 File No., oa 3 '_'
Owner's name(s):... Victoria F. (3irvan Lipuma, Trustee:
Mailing address:: C/O Vaughan, Dale, Hunter and Beaudette, POB 659, Nantucket 02554
Phone Number' %` -'550 z$ -�14'S EMad:.,Blllh@VDHLAW,com
Applicant's name(s) SAME:'
Mailing Address:, ..SAME.
Phone Number' i;, ,SAME E Mail
SAME
Locus Address. ��1, ?1 M�Cl) tld 'Avenue'. ;:?.. Assessor's Map /Parcel'W 95
Land Court L ,C.P'. N0. 3092 -62 Lot 636',
Deed Reference /Certificate of Title: 21430 Zoning District VR.
Uses on Lot- Commercial: Nona %? Yes (describe) r.
Residential: Number of dwellings" s'`1 -; Duplex � Apartments
Date of Structure(s): all pro -date 7/72 No or
Building Pemdt Numbers
Previous Zoning Board Application Numbers:
2 Fairgrounds Road Nantucket Massachusetts 02554
508 -22 &7215 telephone 508 -228 -7298 facsimile
State below or attach a separate addendum of specific special permits or variance relief applying for:
PLEASE SEE ATTACHED ADDENDUM
I certify that the information contained herein is substantially complete and me to the
best of my knowledge, under the pains and penalties of perjury.
Owner*
Applicant /Attomey /Agent*
*If an Agent is representi6g the Ownr�or the Applicant, please provide a signed proof of agency.
OFFICE USE ONLY
Application received onz / /_" Bye Complete Need Copies:, —
Filed with Town Clak:_ /_ /_ Planning Board: _/_/_ Building Dept.:–/–/– By:'_
Fee deposited with Town Treasurer: _/ _/_ By:_ Waiver requested:
Granteciz L, /_Hearing notice postedwith Town Clerk_/_ /-_Mailed._ /_ /.`':
/,_ Hearing(s) held on: /_ Opened on :_ /_'j_
Continued to /?_/ _Withdrawn: / /—Decision Due By:—/-/,
Made:/ /_ Filed w /Town Clerk /_ /_ Mailed:_/ /_
2 Fairgroands Road Naameket Massachusetts 02554
508 -228 -7215 telephone 508 -228 -7298 facsimile
ADDENDUM
REQUESTED RELIEF and DIMENSIONAL COMPLIANCE
Victoria E. Girvan Lipuma Trust, U/D/T dated October 30, 2002, Victoria
E. Girvan Lipuma, Trustee (hereinafter "Applicant") seeks a SPECIAL PERMIT
and FINDING pursuant to Section 139- 33(4)(a) and (b) of the Nantucket Zoning
By -Law (that "By- Law ") and Massachusetts General Laws, Chapter 40A, Section
6. The property is located at 11 Midland Avenue, Nantucket (the "Premises ") and
is improved with a two (2) story wood frame Dwelling and a free standing 1 '/3
story Garage.
Applicant is requesting the SPECIAL PERMIT and FINDING pursuant to
Section 139 -33 (4) (a) and (b) of the Nantucket Zoning By -law to extend the pre-
existing non - conforming ground cover of a dwelling by an additional 292' square
feet + / -. This would result in total ground cover of 2519' square feet +/- in a
zoning district where ground cover for this property is limited to 10% of the lot
area or 2024.1' square feet. The current ground cover calculation for the
Premises is 2227' square feet + /
The Premises consists of a single lot approximately 20,241 +/- square feet
in size situated in a Zoning District with a minimum lot size of 20,000 square feet.
Locus is non - conforming as to ground cover ratio having a ground cover ratio of
approximately 11 % +/- in a Zoning District with a maximum allowable ground
cover ratio of ten (10 %) percent. Locus is non - conforming as to side yard
setbacks having a side yard setback at its closest point to Oakland Avenue of
13' +/- in a Zoning District with a side yard setback requirement of fifteen (15')
feet. In all other respects the Premises complies with the dimensional
requirements of the V -R Zoning District.
NARRATIVE
The Premises is located in the V -R Zoning District, a district where the
maximum allowable ground cover is ten (10 %) of the lot area thereby limiting
ground cover ratio to 2024' square feet + / -.
However, up until 2009 the Premises was located in the R -2 Zoning
District having a maximum allowable ground cover of 12.5% of the lot area or
2530.12' square feet + / -. If the Board grants the Applicant the relief as
requested, the resulting ground cover will be less than the ground cover that
would have been otherwise allowed in the former R -2 Zoning District.
As the Board knows, in 2009 when the District was up -zoned from R -2 to
V -R the Nantucket Zoning By -Law contained a provision (Sec. 139 -33 F.) that
stated any increase in dimensional zoning requirements for single and two family
lots, in other words an up- zoning of a neighborhood, would not apply for a period
of five years from its effective date. It is fair to assume that the purpose of this
section of the By -Law was to allow homeowners to be able to have full advantage
of the zoning before the change to a more restrictive zoning district became
effective. Section 139 -33F was repealed at the ATM held on April 6, 2011 and
was approved by the Attorney General on September 15, 2011. Nonetheless,
when the Madaket up -zoning occurred, that section of the by -law was in full force
and effect and the Applicant should be able to take advantage of its provisions
until 2014, in other words, 2009 plus five years.
However, in any event, the Board can grant the requested relief by Finding
that the increase in ground cover to an amount less than would have been allowed
under the old R -2 dimensions (as a matter of right until 2009) is not substantially
more detrimental than the pre- existing nonconforming ground cover. The Board
may then grant a Special Permit to support such Finding.
The additional requested ground cover in keeping with other dwellings in
the V -R Zoning District and therefore is not substantially more detrimental than
the existing non - conforming dwelling nor is it substantially more detrimental to
the neighborhood.
By granting the SPECIAL PERMITS, the Board will be acting in a
manner consistent with the spirit and intent of Section 139 -33A of the By -Law.
In the alternative and to the extent one may be necessary or required, the
Applicant requests a VARIANCE for the proposed work.
The Applicant respectfully request that the Board vote in favor of the
requested SPECIAL PERMIT.
Lipuma/Addendum2. 10.13
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Town of Nantucket
Zoning Board of Anneals
RECEIVED
BOARD OF ASSESSORS
FEB 0 7 2013
TOWN OF
NANTUCKET, MA
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
Victoria E. Cirvan Lipuma Tru
PROPERTY OWNER .. .............................. st . .
2679 North Park Blvd., Cleveland Fretgh[s, OR . 44106
MAILING ADDRESS .................. ...............................
PROPERTY LOCATION. - . 11 Midland Avenue ................................ ...............................
ASSESSOR MAP/PARCEL .... s93io9s .
................. ...............................
SUBMITTED BY. William F. Hunter, Esq., Vaughan, Dale, Hunter and Beaudette; PC
...................... ...9........................... I... I......... ..
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 (M.G.L. c. 40A, Section 1 I and Zoning Code Chapter 40A, Section 139 -29B
(2)•
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PROPOSED AMMON FOR: s.AM W -r
OIRVA MAS Daum er: vo
11 MIDLAND AVE VE (M (MADAI(ET)
110726
000245
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000246
MASSACHUSETTS QUITCLAIM DEED
WE. JOSEPH UPUMA & VICTORIA LIPUMA, of Cleveland Heights. Ohio
110726
for nominal consideration and in full consideration of less than ONE HUNDRED &
00/100 (U.S. $100.00) DOLLARS PAID
grant to VICTORIA E. CIRVAN LIPUMA, Trustee, of the Victoria E. Oirvan Lipuma
I rust, u/d /t dated October 30, 2002 and recorded with the Nantucket Registry District of
the Land Court on December 19, 2002 as Document No. 99968, of 2679 North Park
Boulevard, Cleveland Heights, Ohio 44106
with QUITCLAIM COVENANTS
The land. together with the buildings and improvements thereon, situated in the Town of
Nantucket. County of Nantucket and Commonwealth of Massachusetts, being bounded
and described as follows:
LOT 636
Plan 3092 -62
For title, see deed recorded in Document No. 109,0861e -q i aex) 4'C) °°l Cs tkl�lCt��
a4-(t le (ln 21 tA-60 ,
1107226
000247
Wilnexs our hands and seals thoj7day of 12 ,2/004.
939'?, VICI ORIA,I.iPI1MA
�-.Qurwn
STATE OF OHIO
County e1g94°j4 .ss:
On thisZeday Of J% e'k f #,-20114, before me, the undersigned Notary Public,
appeared JOSEPH LiPI1MA & VICTORIA LiPI1MA(( proved to me Jo through
satisfactory evidence of identification, which wera`/,,t.,• ✓r,e - Jnv'c' , to be
the persons whose names are signed on the preceding or attached document, and
acknowledged to me that they signed it voluntarily for its stated purpose.
NANTUCKET D D
I 9ANK
CERTIFICATE
TOWN OF NANTUCKET y
BOARD OF APPEALS 9�Cl-
NANTUCKET, MASSACHUSETTS 054:� G
� o
y �
Date: April 12, 201L_0,__--
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 007 -13
Owner /Applicant: VICTORIA E. GIRVAN LIPUMA, TRUSTEE OF THE
VICTORIA E. GIRVAN LIPUMA 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.
&�S.� M)
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 59.3, Parcel 95 Certificate of Title No. 21,661
11 Midland Avenue Village Residential
Land Court Plan 3092 -62, Lot 636
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Thursday, March 14, 2013, at 1:00 P.M., 4
Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following decision on the application of VICTORIA E. GIRVAN
LIPUMA, TRUSTEE OF THE VICTORIA E. GIRVAN LIPUMA TRUST, c/o
Vaughan, Dale, Hunter, and Beaudette, PO Box 659, Nantucket
Massachusetts 02554, File No. 007 -13:
2. Applicant is requesting Special Permit relief pursuant
to Nantucket Zoning Bylaw Sections 139-33.A. (4) (a) and (b) in
order to extend the preexisting nonconforming ground cover of
the dwelling by adding an additional 292 +/- square feet. Said
structure is preexisting nonconforming as to ground cover,
having approximately 2,227 square feet of ground cover where
2,024.1 (10% ground cover ratio) is the maximum ground cover
allowed in the VR zoning district. In the alternative, the
Applicant requests Variance relief pursuant to Nantucket Zoning
Bylaw Section 139 -32 from the intensity regulations in Section
139 -16 for the proposed alteration. The Locus is situated at 11
Midland Avenue, Assessor's Map 59.3, Parcel 95, Land Court Plan
No. 3092 -62, Lot 636, and evidence of owner's title is
registered as Certificate of Title No. 21,661 in the Nantucket
County District of the Land Court. The site is zoned Village
Residential.
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. Multiple letters were received in favor of the
proposed project.
1
4. Attorney Lori D'Elia represented the Applicant at the
hearing. Attorney D'Elia explained to the Board that the
applicant is requesting Special Permit relief pursuant to
Nantucket Zoning Bylaw Sections 139- 33.A.(4)(a) and (b) in order
to increase the preexisting nonconforming ground cover o?' the
dwelling by adding an additional 292 + square feet. As a
result, the ground cover of the structure will be approximately
2,519 + square feet in a zoning district where the property is
limited to approximately 2, 024.1 + square feet of ground cover
(or 108 of the lot area).
The existing structure is preexisting nonconforming as to ground
cover, having a total ground cover of 2,227 + square feet in a
district where the property is limited to approximately 2,024.1
+ square feet of ground cover (or 108 of the lot area) . The
structure is also nonconforming as to side yard setbacks, being
sited approximately thirteen (13) feet from the side yard
setback in a zoning district that requires a fifteen (15) foot
side yard setback.
The Locus was conforming to the Residential - 20 (R -20) ground
cover ratio of 12.58, but was zoned to Village Residential in
2009. As a result of said zoning change, the property was
rendered preexisting nonconforming to both ground cover and side
yard setback.
When the Locus was zoned R -20, the available ground cover was
2,530.12 + square feet, which is less than the total ground
cover now proposed by the applicant (2,519 + square feet).
5. Therefore, after a discussion with the Applicant, the
Board finds that such an addition is not substantially more
detrimental to the neighborhood than the existing nonconformity
and is in harmony with the purpose and intent of the Zoning
Bylaw because had the property not been rezoned and rendered
nonconforming, this addition would have been allowed as a matter
of right.
6. Accordingly, by a UNANIMOUS vote of the sitting Board,
the Board of Appeals grants a Special Permit for the relief
sought by the Applicant pursuant to Nantucket Zoning Bylaw
Sections 139- 33.A.(4)(a) and (b) in order to increase the
preexisting nonconforming ground cover of the dwelling by adding
an additional 292 + square feet with the following condition:
a. That the additional shall be constructed in substantial
compliance with the plan entitled, "Proposed Addition
2
for: The Girvan - Lipumas, 11 Midland Avenue (Madaket),"
prepared by Val Oliver Design, dated January 9, 2013,
attached hereto as "Exhibit A."
SIGNATURE PAGE TO FOLLOW
Dated: rI 11 , 2013
Li Botticelli
t.
Susan McCar h
Mark Poor
Kerim K at
G,WoZffrey Tha er
COMMONWEALTH OFF,MASSACHUSETTS
Nantucket, ss. 1111 2013
On this dpy.of'" , 2013, before me, the undersigned Notary Public, personally appeared
who is personally known to me, and who is the person whose
time is signed on the preceding or attached document, and who acknowledged to me that&sbe signed it
voluntarily for its stated purpose.
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PROPOSED ADDITION FOR:�i�'-*
THE MIDLAND aux"ev:w
11 MIDLAND AVE (MADAM