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HomeMy WebLinkAbout02-17 189 Polpis Road paper & cross file 2017Fee: $450.00 NAl14'TUCKE TO` f4 CLEF -E 2616 DEC 16 PM 3= 55 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION File No. Oil? Owner's name(s): ERIC KENNEDY and JACQUELINE W. KENNEDY, as Trustees of INTO THE MYSTIC NOMINEE TRUST Mang address: c/o Sarah F. Alger, P.C., Two South Water Street, Nantucket, Massachusetts 02554 Phone Number: (508) 228 -1118 E -Mail: sfa sfapc.com Applicant's name(s): Same as above. Mailing Address: Same as above. Phone Number: Same as above. F_-Mail: Same as above. Locus Address: 189 Polpis Road Assessor's Map /Parcel: Map 45 - Parcel 5.2 Land Court Plan /Plan Book & Page /Plan File No.: Lot 2, Plan File 9 -A. Deed Reference /Certificate of Title: Book 1103, Zoning District LUG -3 Page 85 Uses on Lot- Commercial: None Yes (describe) Residential: Number of dwellings 3 Duplex Apartments Date of Structure(s): all pre -date 7/72 or Building Permit Numbers 14698 -97; 14699 -97; and 74 -10 Previous Zoning Board Application N 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile State below or attach a separate addendum of specific special permits or variance relief applying for: See addendum attached hereto. 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. SIGNATURE: Owner* SIGNATURE: CST Applicant/Attorney /Agent-* Sarah F. Alger, Att r� ey *If an Agent is representing the O er or the A plicant, 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posted with Town Clerk:-/-/— Mailed:—/—/- I&M_ /_ /_ &_ /_ /_ Hearing(s) held on:—/—/— Opened on Continued to:_ /_ /_ Withdrawn:_ /_ /_ Decision Due By:_ /_ /_ Made:_ /_ /_ Filed w /Town Clerk:_ /_ /_ Mailed:_ /_ /_ Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508- 228 -7298 facsimile ADDENDUM (Nantucket Zoning Board of Appeals Application 189 Polpis Road, Nantucket, Massachusetts) The Applicants seek a Variance under Nantucket Zoning By -law (the "By- law ") §139 -32 from the intensity regulations of By -law §139- 16 to validate the existing ground cover of about 3.030 or about 4,070 square feet on the locus. In the alternative, the Applicants request a finding that either (a) the second floor dormers over the porches on the main dwelling do not constitute "overhangs which contain enclosed interior space" within the meaning of "ground cover" in the definitions in By -law §139 -2 and, as a result, are not considered as "ground cover" for purposes of the By -law, or (b) that the ground cover overage of about 0.030 or 41 square feet is de minimus and does not constitute a zoning violation. The locus is improved by three (3) structures, a single- family main dwelling constructed in 1997, a garage /workshop with a studio also constructed in 1997, and a studio constructed in 2010. All three (3) structures have the benefit of Certificates of Occupancy. The dwelling has ground cover of about 2,320 square feet; the garage /workshop with studio has ground cover of about 1,230 square feet; and the studio has ground cover of about 520 square feet, for total ground cover of about 4,070 square feet or about 3.030. The locus is located in a Limited Use General 3 (LUG -3) zoning district where maximum ground cover of 30 (or, in the case of the locus, 4,029 square feet) is allowed. As a result, the structures on the locus exceed allowable ground cover by 0.030 or 41 square feet (an area about of about 6.41' by 6.4'). The locus otherwise conforms to all dimensional requirements of the By -law. The ground cover issue appears to stem from the failure of two separate surveyors, one in 2003 and the other in 2010, to include the dormers over the porches on the main dwelling in the ground cover calculation. The issue was discovered in 2016 when a third surveyor prepared a plan and included the dormers in the ground cover calculation. The Locus is located at 189 Polpis Road, is shown on Nantucket Tax Assessor's Map 45 Parcel 5.2, is shown as Lot 2 on plan recorded with Nantucket Deeds in Plan File 9 -A, and is located in the Limited Use General 3 ( "LUG3 ") Zoning District. I own ana County OT NanrucKer, MA uecemaer b, 1Ulb Property Information Property 45 5.2 D 0 T. Location 189 POLPIS RDy�. Owner KENNEDY JACQUELINE W TRST ETAL 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 12/06/2016 �} 2�\ }� � s Cx \)\ - & / . 2 _ \ . 2 - �((®z? ± y - ~ / \\tct ~ _ \ ^ � \ \a � \ e��9O 0FgFi�Fo ssFssoRs deft NTuq�N p Town of Nantucket Mq Zoning Board of Appeals LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER ...Eric Kennedy and Jacqueline W. Kennedy, as Trustees ofirito the %stic 46mi666 Trust. . MAILING ADDRESS... c /.o• Sarah. F. Alger; .R..C.,• 2 •S: Water.. Street,.. Nantucket, MA PROPERTY LOCATION .... 189 Polpis Road , , , . , , . , ASSESSOR MAP/PARCEL... Map 45 - Parcel 5.2 SUBMITTED BY... ,Same as above :.... ............................... . ............ 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 11 and Zoning Code Chapter 40A, Section 139 -29B (2)• DATE j ASSESSOR'S OF CE TOWN OF NANTUCKET U Z H F U H a H � � U a� H H t, p �z ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ a a a a a a m a a a w w a m a w 0 a 0 0 0 0 0 0 °w °w a a a w a a a w m m m m m itl N O N N � m O ✓1 ul ifl N N N N O O O N a 0 0 0 a z o w F E U ❑ E F F x x w xd a x x x zE E > w F F 2F FC FC a W a 1 z z a z v z z z z z U E O W M E 3 w ❑ x 0 a a a a w w H r� O rn [.. ❑ M H w 0 0 0 w w x 0 a cU a w V O ti M ¢1 W m m o n o O H a E r H a a 0 a w a v w m z a a w a F x F O x W w w w x r z P vEi O w N P4 s a a O W W E a E z W x x m w o x r U H a U 3 H U a w U F w w FC w w m W P O w❑ z< C4 C4 z u 1 1 FC U z FC w x m h F w x x v o w x v H a r x H a u z a x z F w x W V rl V z ru V x r,C .`w O L z U £ ro a r) O W �i O N 26 COFFIN KENNETH T & CHERYL K 199 POLPIS RD NANTUCKET, MA 02554 45 MACK RICHARD C & CATHERINE TRS 181 POLPIS ROAD REALTY TRUST 181 POLPIS RD NANTUCKET, MA 02554 45 GOLDNER BARBARA S TRST 309 BENEFIT ROAD PROVIDENCE, RI 02903 45 ARCHER DIANE & PRESSER STEPHEN 151 CENTRAL PARK W APT 4C NEW YORK, NY 10023 45 KENNEDY JACQUELINE W TRST ETAL 2043 RANDOM RD APT 304 CLEVELAND, OH 44106 45 NANTUCKET CONSERVATION FOUND I PO BOX 13 NANTUCKET, MA 02554 45 COFFIN KENNETH T & CHERYL K 199 POLPIS RD NANTUCKET, MA 02554 45 MACK RICHARD H & MARY 0 181B POLPIS RD NANTUCKET, MA 02554