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HomeMy WebLinkAbout34-16 250 PolpisRdFee: $450.00 AUG 12 2016 TOWN OF NANTUCKET BOARD OF APPEALS � __q z NANTUCKET, MA 02554 � ° n Z N Z "I � � C APPLICATION = M;K N M cJT File No. 3y_4 Owner's natne(s): Polpis Harbor LLC Mailing address: co Vaughan Dale & Hunter, PO Box 659, Nantucket MA 02554 Phone Number: 508 - 228 -4455 E -Mail: Applicant's name(s): (Same) Mailing Address: Phone Number: E -Mail: Locus Address: 250 Polpis Road Assessor's Map /Parcel: 26 -27 Land Court Plan /Plan Book & Page /Plan File No.: 13443 -D, Lo A3 Deed Reference /Certificate of Title: 0025 3 Zoning District LUG -3 Uses on Lot- Commercial: None X Yes (describe) Residential: Number of dwellings 2 Duplex Apartments Date of Structure(s): all pre -date 7/72 or Building Permit Numbers: Previous Zoning Board Application Numbers: 2 Fairgrounds Roa d Nantucket Massachusett s 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimil e State below or attach a separate addendum of specific special permits or variance relief applying for: Applicant is seeking Special Permit relief pursuant to Nantucket Zoning By -Law Section 139 -33A to change the use of a pre- existing nonconforming garage structure to a pool house /cabana. The structure is sited as close as about 8.6 feet from the easterly front yard lot line on Polpis Road in a district that requires a minimum front yard setback of 35 feet. There is no increase of the nonconformity within the required setback area as the structure's footprint and massing will not increase, but decrease from about 520 SF to about 474 SF with the removal of a small westerly side addition. The property is conforming as to lot size, ground cover, frontage, and side and rear yard setback requirements. There is a separate existing nonconforming structure that dates from 1890 that is sited as close as about 27.3 feet from the front yard lot line. No change is proposed under this application for that structure. 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. SI SI Attorney /Agent* *If an 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: / 2 Fairgrounds Roa d Nantucket Massachusett s 02554 508 -228 -7215 telephone 508 - 228 -7298 facsimil e I own ana county oT lVantuCKet, MA August 12, 2016 Property Information •� all ID i Location 250 POLPIS RD i Owner PDLPIS HARBOR LLC MAP FOR REFERENCE ONLY S $Woma.Nock claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map. Parcels updated December, 2014 Properties updated January, 2015 Mifibrook 40 C "k x&y - . �IL _ SFor►�±BrOOk s �a� Q � V Al .40 - OLPISRO -- - _ P .._. POLpIS � Go Oje 1.. — 732 ft ams cf U-a Property Information •� Property 2627 ID i Location 250 POLPIS RD i Owner PDLPIS HARBOR LLC MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT Town and County of Nantucket, MA makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map. Parcels updated December, 2014 Properties updated January, 2015 town ana county oT IVantucKet, MA Property Information Property 2627 ID Location - 250 POLPIS RD Owner POLPIS HARBOR LLC MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT Town and County of Nantucket, MA makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map. Parcels updated December, 2014 Properties updated January, 2015 August 12, 2016 .Ilk 1" = 183 ft�) z€ O bI 5 MOM !,III !N-N R� z e �y �emm m m MI. !19 a b hl ,III �eE� €� ° B � 15 e» gig; g m m . a ON y � SITE PLAN z€ Ill m O n T Ao 3 � Z O bI R� z e �y �emm m m MI. a b Ill m O n T Ao 3 � Z z e �y �emm m m MI. y";p e y � SITE PLAN v 248 6, 250 POLPIS ROAD ASSESSORS MAP a, PMCEls W& V NANNCI�T, MASSACHUsms PREPMED FOR PDL IS HARBOR LLC ZK - MTE z e �y �emm m m MI. r ° � is B�e�u 8l OWN 15.1 z_ E vF §' 90�� i iflfl= 9 'I 8€ gigg 8 4 �€ r s' �Y 0 a b 3 a� -''1 " ails "„ 1 I ''` l60 Pou=s —M� Ji I� � - :�ay1 -�� �';�' _= t P�� \'�-• , \'�.',k \. /.'�'. '� is o R6 �B �� z •�: �T -- ?.z. A I'I �3 W NZ +a3 wm -O •Y c I � ro t-o in x m CU i yg m s m y SITE GRADING PLAN 9 ,o_ c� co ~ SSES24S & 250 POLPIS ROAD ^ d y z ° _ ° $ f m , ASORS MAP 26, PARCELS 26 6P k� ° 'c r o Z p NANillCKET, MASSACnusErrs ' N ;" .f 3 y �1 j Zaxr -2 PREPARED FOR POLPIS HARBOR LLC k < �% ' WiE °EAPtlPtIOR APPibVFD CERTIFICATE NO: 63 a .� _ DATE ISSUED: Application to the HISTORIC DISTRICT COMMISSION, Nantucket, Massachusetts, for a CERTIFICATE OF APPROPRIATENESS for structural work. All blanks must be filled in using BLUE OR BLACK INK (no pencil) or marked N /A. NOTE: It is strongly recommended that the applicant be familiar with the HDC guidelines, Building with Nantucket in Mind, prior to submittal of application. Please see other side for submittal requirements. Incomplete applications will not be reviewed by the HDC. This is a contractual agreement and must be filled out in ink. An application is hereby made for issuance of a Certificate of Appropriateness under Chapter 395 of the Acts and Resolves of Mass., 1970, for proposed work as described herein and on plans, drawings and photographs accompanying this application and made a part hereof by reference. The certificate is valid for three years from date of issuance. No structure may differ from the approved application. Violation may impede issuance of Certificate of FO OFFIGF USE ONLY �- Occupancy. i Fee Pai ck $s�CsL -� PROPERTY DESCRIPTION Date application received: TAX MAP N °: 2 iv PARCEL N °. 'L Street & Number of Proposed Work: 2SQ ' POLPI S 2 Owner of record: ! � 1 16 ka-F' [ 0 0 kZA Mailing Address: Contact Phone #: E -mail: Must be acted on by: Extended to: Approved: l/ Chairman: Member: Member: AGENT INFORMATION (if applicable) Member V .!.-! Ala Name: Mem r. S Mailing Address: W1 61,1 'kr c L A ►1 Q Notes - Commen - Restrictio s - Conditions �q NmtZV41 -I MA 025554, alai, Contact Phone #: lS� S "4455 E -mail: ytyi PyAlawwm DESCRIPTION OF WORK TO BE PERFORMED See reverse for required documentation. ❑ Addition ❑ Garage -_ ❑ Commercial ❑ Historical Renovation N Deck/Pabo ❑ Steps ❑ Shed ❑ Color Change *A- ❑ Gate taping ❑ Move Buildin ❑ Demolition ❑ Revisions to previous Cert. No. e*ool (Zoning Distrlct�) ❑ Roof I1 Other POOL HOUSE MOLD t IS 1= + u Size of Structure or Addition: Length: 4-E3 Sq. Footage 1st floor: 1 0-Tg Decks/Patio: r Size: 7;i0 An ❑ 1 st floor ❑ 2nd floor Width: 2 I +- ++ Sq. footage 2nd floor: Size: ❑ 1st floor ❑ 2nd floor Sq. footage 3rd floor: u I u O East 6 I C3 p I ;+ Difference between existing grade and proposed finish grade: North - C1 - t (o South Q!-0 - West - Height of ridge above final finish grade: North 'LO LO" South 113'-0" East West 9 /O r� Additional Remarks Historic Name: ---- Original Date: REVISIONS` 1. East Elevation -� (describe) 2• South Elevation Original Builder: 3: West Elevation 4. North Elevation Is there an HDC survey form for this building attached? ❑ Yes T24N /A 'Cloud on drawings and submit photographs of existing elevations. c+ DETAIL OF WORK TO BE PERFORMED Foundation: Height Exposed ❑ Block ❑ Block Parged ❑ Brick (type) $Poured Concrete ❑ Piers Masonry Chimney: ❑ Block Parged 013rick (type) 8X2 R . B • ❑ Other Roof Pitch: Main Mass /0 /12 Secondary Mass --� Dormer tf2 -- Other Roofing material: El Asphalt: El 3-Tab ❑Architectural J Fence: Height: Wood (Type: Red Cedar, White Cedar, Shakes, etc.) P-eA Ced.a,Y Type: POST' RA I L Length: Skylights (flat only): Manufacturer Rough Opening -- Size Location Manufacturer Rodgh Opening Size Location Gutters: ❑ Wood ❑Aluminu/m� ❑ Copper ;ff Leaders � (material) cct lVaj? / 7 . ed Yeel Leaders (material and size): GLllla -D/ 2,161 . f_'t F P l 4" Sidewall: X White cedar shingles may ?XD /I('( /1 to ❑ Clapboard (exposure: inches) Front ❑ Side ❑ ❑ Other Trim: A. Wood ❑ Pine ❑ Redwood XCedar ❑ Other B. Treatment R Paint ❑ Natural to weather ❑ Other / Z Comer boards 4'12" _ C. Dimensions: Fascia � Rake _�� Soffit (Overhang) a � Frieze 3 a Window Casing 3 12 a Door Frame /211 Columns /Posts: Round Square Su Windows*: 0 Double Hung ❑Casement ❑AIIWood J90ther Pl Oti.Lf7° ❑ True Divided Lights(muntins), single pane XSDUs (Simulated D1 ivided lights) Manufacturer tM<LY VI,YI Doors' (type and material): ❑TDL JM SDL Front L(XI L Po !(V-t Rear VQ.i'(/1. Pt 0-n �- Side Garage Door(s): Type Material t� Hardscapematerials: Driveways -- Walkways Walls i0t s'/t L> c L &e,ST ne-, Note: Complete door and window schedules are required. , y,, COLORS � / _ / Sidewall t �.1 G(1' Clapboard (if applicable) — Roof JV a I /W41L Trim 1:3,M ( +Z;9 C ri! Sash -a_ 14-50) LMdM Doors ,1 t qP .f Deck q Cf✓iA J YA YU fP_ Foundation CjHy SLU CCfl Fence J Shutters 17��L0 - ' Attach manufacturer's color samples if color is not from HDC approval list. m r e j ff'e wpo it %a2 I hereby authorize the agent named above to act. on my behalf to make changes in the specifications or the plans contained in this application in order to bring the applica- tion into compliance with the HDC guidelines. I hse-by agree to abide by and comply the terms and nditi ns of this application. I hereby agree that the submission of any revisions to this a; Mill ation ill jy}itiat;Y11-sixty- day review period. �// I q Date y i Signature of owner of recorl !�`� ed under penalties of perjury O n ' Z p O f r ~ o �� s•, U F w v r " O i N W = ,wil � z \ Of F- E ,mi i o. .. z / ' N 5 _O. 0) C) N ° t O iZ6n fie" 0 dY U t -ZC °m E< o U S b m a H 0 d N.m mN 93 F WaE d F9 m o Z / CR d �( _ am�CcCa�° O<3 v A o % CO # mN °v mmv ° ?_ uxy$m_cao mi$m3 W m F-• u° s Q �cr� —� Oa` z ;.__.�UN 9�m� W �mE ;, o ❑'cU J na — _ �ni "qx Ng p_ d m _ eivvi m i �� fA e { .'t 4 •R O f r �� s•, , J O a - r " O i • '2 'a c Yr b o b 6 c 'b E ,mi i o. .. z / ' .'t 4 •R �� s•, o N 5 A � E i '2 'a c Yr b o b 6 c 'b E ,mi i o. E t m 2�ogF . 7... yy -ZC °m N (7o O b m ° U 0 ummE �m �m01r_ .—" Z N.m mN to W F WaE d F9 m o o am�CcCa�° O<3 v A o % CO # mN °v mmv ° ?_ uxy$m_cao mi$m3 W m F-• u° s Q �cr� —� Oa` z ;.__.�UN 9�m� W �mE ;, o ❑'cU J na — _ �ni "qx Ng p_ d m _ eivvi m i �� fA Q r m f- 1Orn as a vmi \C) // y/ M C) 0 E 7 V4 0& Cfdtra q/-f 9,� ■ OA T 9 1 � \ �\ � � a tiff - Ir \ / / |�\ \ �. a tiff - Ir \ / / ~'/ �\. i /�( �j LL 265 §9 . S2 0 L 0 a tiff - Ir \ / / z, \ / \/ C-1 z ;V-k- op 0 SH 9 ;:�- 0 zz< 1 f} \ /� « E < . z 9 A >Qe \ \ \ \�� \\ / ) I � � �\� \ \ \ \- } � � � \ � � / � � z 9 A >Qe \ \ \ \�� \\ / ) I � � �\� \ \ \ \- } � � � \ � � O W E a) 0 E z 46 Egg Cl) En z .-0 wf xm --------------- -- --------------- .,.10molow cly 46 Egg I'M --- — ----- — ------- xm --------------- -- --------------- .,.10molow cly BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: October 11, 2016 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 34 -16 Current Owner: POLPIS HARBOR LLC 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. Eleanor W. Antonietti, Zoning Administrator 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 - 325 -7587. NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 26, Parcel 27 248 -250 Polpis Road Limited Use General -3 ( "LUG -3 ") DECISION: Land Court Plan No. 13443 -D and 13443 -E Lots A -3 and A -7 Certificate of Title No. 25343 1. At a public hearing of the Nantucket Board of Appeals held on Tuesday, September 20, 2016, at 1:00 pm, at 4 Fairgrounds Road, Nantucket, Massachusetts 02554, the Board made the following decision on the application of POLPIS HARBOR, LLC, 250 Polpis Road, Nantucket, Massachusetts 02554, File No. 34 -16. 2. Applicant is seeking Special Permit relief pursuant to Zoning By -Law Section 139 -33.A to allow the change of use of a pre- existing nonconforming garage structure to a pool house /cabana. The existing structure is sited within the easterly front yard setback. The proposed alterations will result in a decrease in size such that the structure's footprint and massing will not increase within the setback area. The Locus is situated at 248 and 250 Polpis Road, is shown on Assessor's Map 26 as Parcel 27, as Lot A -7 upon Land Court Plan 13443 -E and as Lot A -3 upon Land Court Plan 13443 -D. Evidence of owner's title is registered on Certificate of Title No. 25343 at the Nantucket County District of the Land Court. The site is zoned Limited Use General 3 (LUG -3). 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. No opposition, written or oral, was presented at the hearing. 4. As explained by the Applicant's representative, the Locus is conforming as to lot size, ground cover, frontage and side and rear set back requirements in the LUG -3 Zoning District. The subject garage structure is pre- existing nonconforming as to front yard setback, being sited as close as 8.6 feet from the easterly front yard lot line where minimum front yard setback distance is thirty -five (35) feet. The garage has existed in its present location on the Premises from a time prior to 1956 as reflected in the tax records of the Nantucket Assessor. In addition, there is another pre- existing, non - conforming (circa 1890) studio that is as close as 27.3 feet from the front lot line. The property has a lot area of approximately 8.81 acres (383,763+ square feet). 2 The Applicant has obtained Nantucket Historic District Commission approval by virtue of Certificate of Appropriateness No. 63521 and Nantucket Conservation Commission approval (SE48 -2779) for the conversion of the garage to a pool house /cabana. The change in use will involve the removal of a portion of the existing garage, thus reducing the ground cover of the new pool house /cabana from approximately 520 square feet to approximately 474 square feet. 5. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. The Applicant, through counsel, explained that there is an ongoing construction project on the Premises, and the proposed conversion of the pre- existing, non - conforming garage to a pool house /cabana would reduce the footprint of the building by approximately forty -six (46) square feet, but would not change the location or the height of the structure. He maintained that the proposed change of use of the structure would enhance and restore the building to new condition and not be substantially more detrimental to the neighborhood than the existing garage structure. He also noted to the Board that there was no opposition to this application for Special Permit relief. Based upon the foregoing, the Applicant asked the Board to grant the SPECIAL PERMIT pursuant to Section 139 -33.A of the By -Law to allow for the conversion of the pre- existing, non - conforming garage to a pool house /cabana with a reduced footprint. 6. The Board found that the existing garage structure on the Premises is a pre- existing, non- conforming structure that meets the criteria for special permit relief pursuant to Section 139 - 33.A. The Board determined that the height of the new pool house /cabana would be substantially the same as the height of the existing pre - existing, non - conforming garage. The Board affirmed that the new pool house /cabana should substantially conform to the approved FIDC design plans and Nantucket Conservation Commission site plan. 7. Accordingly, by UNANIMOUS vote, the Board GRANTS the requested SPECIAL PERMIT relief from the provisions of Zoning By -Law Section 139 -33.A to allow the conversion of the pre- existing, non - conforming garage structure to a new pool house /cabana with reduced footprint subject to the following conditions: (a) The pool house /cabana shall be constructed substantially in accordance with Certificate of Appropriateness No. 63521 as approved by the Nantucket Historic District Commission, as may be amended from time to time; and (b) The pool house /cabana shall be constructed substantially in accordance with the site plan incorporated into Order of Conditions No. SE48 -2779 issued by the Nantucket Conservation Commission, as may be amended from time to time. SIGNATURE PAGE T FOLLOW 3 Assessor's Map 26, Parcel 27 248 -250 Polpis Road Limited Use General -3 ( "LUG -3 ") Dated: �(�.�� C/ , 2016 Nantucket, ss Land Court Plan No. 13443 -D and 13443 -E Lots A -3 and A -7 Certificate of Title No. 25343 Mk by Lisa Botticelli t:;7 COMMONWEALTH OF MASSACHUSETTS On the 110' day of Gcfober , 2016, before me, the undersigned notary public, personally appeared F-8 wme4 $ , Toole , one of the above -named members of the Zoning Board of Appeals of Nantucket, Massachusetts, personally known to me to be the person whose name is signed on the preceding document, and acknowledged that he /she signed the foregoing instrument as their free act and deed and voluntarily for the purposes therein expressed. lmlaa- -,c - (t� I is al Signature and Seal of Not y Public My commission expires: 04o6e,r q� 2020 EI DORIS C. STRANG W Notary Pu01ic i Mssseebusetts Commission EsOkes Oct 9.2020