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HomeMy WebLinkAbout02-17 189 Polpis RoadFee: $450.00 TO` f4 CLEFRI 2016 DEC 16 PM 3- 55 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION File No. 0117 Owner's name(s): ERIC KENNEDY and JACQUELINE W. KENNEDY, as Trustees of INTO THE MYSTIC NOMINEE TRUST Mailing 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. E -Mail: Same as above. Locus Address: 189 Polpls 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* 1 SIGNATURE: Applicant /Attorney /Agent* Sarah F. Alger, Att¢rhey *If an Agent is representing the Owner 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with Town Clerk:—/—/— Mailed:—/—/— I&M_ /_ /_ &_ /_ /_ Heanng(s) held on: _ /_ /_ Opened on: Continued to:_ /_ /_ Withdrawn:_ /_ /_ Decision Due By:—/—/— Made:_ /_ /_ Filed w /Town Clerk:_ /_ /_ Mailed:_ /_ /_ 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215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 NantucKet, MA uecemner o, zuin A Go -.- l' ' . 455-3 1" = 133 ft M �. Property Information Property 45 5.2 ID Location 189 POLPIS RD Owner KENNEDY JACQUEJNE W TRST ETAL (a 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�\ \� � co \ ^ ° } Li I. _/ '2 2 ° ° \ _z 9 / \ \/» - /2gp2 2 2 eQj \ \ \\ \ \K \ ` \ \ / ® f / % \\ \>\\ \ < �� \\ � \ \\ / § / _ « cn LLJ - -- —� -- -- ±�� Bpg9D 0" F4F6 lqssF 06- Nq NTw �015 pc Fop s s pgs 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 of Into the Mystic Nbhii666 `gust MAILING ADDRESS... c /.o• Sara•b• F. Alger, •P•. �:,• 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 ASSESSOR'S OF CE TOWN OF NANTUCKET 0 Z H H N H E-1 a� N U a� W H N i7 �z ❑ ❑ a a a a a a w a w w a w w w a a a a a a a o 0 0 0 0 0 0 0 o a w a a a w a a a a] m ,ti m r m m w v rn r� �o a a rn itl i/t O N ul N N N 0 0 0 r1 m O O O a z o w E, w 2 x z w w w x x w 4 x x x D O❑ 0 W u u D yE F > > F F ZE 1 z o W a z FC F z z W z U z z z V F O a r� a E a ❑ x a a o a ❑ ❑ ❑ ❑ a m a ❑ a P a a cn cn H rC O v� H w I� ❑ �n �-+ w w w w E z w a 0 0 W W x 0 2 W U O W M Ql [0 o O H a r F a a m w a 0 w m z a H a w < F x E ❑ x a w z x w w 5 N z y N O a w a a o W w E O x x U a W In m x w ❑ w yw oa o w ❑ 2 rS FC u U z FC w x m h H w x a 0 x H z a w a❑ u z a z w w a H W x❑ x z Ez w x u 0< u 2 u ro a m r� 0 0 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 O 181B POLPIS RD NANTUCKET, MA 02554 Date: January 17, 2017 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No.s: 02 -17 Current Owner /Applicant: R. ERIC KENNEDY & JACQUELINE W. KENNEDY, AS CO- TRUSTEES, INTO THE MYSTIC NOMINEE TRUST Property Description 189 Polpis Road Map 45 Parcel 5.2 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 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 Two Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 45, Parcel 5.2 Book 1103, Page 85 189 Polpis Road Shown as Lot2 Limited Use General 3 ( "LUG -3 ") Plan File 9 -A DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, January 12, 2017, at 1:00 P.M., in the First Floor Community Room of the Public Safety Facility at Four Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of R. Eric Kennedy and Jacqueline W. Kennedy, as Co- Trustees of Into the Mystic Nominee Trust, in care of Sarah F. Alger, P.C., Two South Water Street, Nantucket, Massachusetts 02554, File No. 02 -17: 2. The Applicants are seeking relief by 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 3.03% 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 approximately 0.03% or 41 square feet is de minimis and does not constitute a zoning violation. 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. 3. Our decision is based upon the application and accompanying materials and 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 was no opposition, written or oral, to the application. 4. The locus is improved with 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 approximately 2,320 square feet; the garage /workshop with studio has ground cover of approximately 1,230 square feet; and the studio has ground cover of approximately 520 square feet, for total ground cover of about 4,070 square feet or about 3.03 %. 5. The locus is located in a Limited Use General 3 (LUG -3) zoning district where maximum ground cover of 3% (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 approximately 0.03% or roughly 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. PA 6. The ground cover issue appears to stem from the failure of three separate surveyors, one in 2003, the second in 2009, and the third in 2010, to include certain second floor living space over the porch on the main dwelling in the ground cover calculation. The issue was discovered in 2016 when a fourth surveyor prepared a plan and included the dormers in the ground cover calculation. 7. The ground cover overage on the locus has existed for more than six (6) years but is not entitled to protection under Massachusetts General Laws c. 40A, §7, because the ground cover overage was not disclosed in the building permit applications. 8. The configuration and shape of the main dwelling, with the chimney exposed on the first floor, yet contained within interior living space on the second floor, on the roof of the unenclosed first floor porch, is unusual and makes discovery of the enclosed interior space on the second floor that overhangs the unenclosed porch on the first floor difficult. Unlike many other situations, the maximum total ground cover allowed under the By -law was unintentionally exceeded. In fact, the Applicants took all reasonable steps to ensure that the structures were in compliance and relied in good faith upon three licensed surveyors. The Applicants have tried to find a cure for this ground cover issue by looking for a portion of the structures on the locus to modify or eliminate to cure the nonconformity. Unfortunately, due to the size, shape, and design of the structures, no such modifications could be made. The Applicants also argue that relief is not necessary because the violation of about 41 square feet is de minimis, resulting in a ground cover ratio of about 3.03 %, which, if rounded to the nearest tenth, would result in a conforming ground cover ratio of 3.0 %. The Board did not reach the merits of this argument, finding instead that variance relief is appropriate in this instance. 9. Therefore, based upon the particular facts of this case, the Board finds that owing to the circumstances relating to the shape of the Applicant's land and buildings but not affecting generally the LUG3 zoning district in which the locus is situated (consisting of the size and shape of the structures, and the de minimis nature of the violation), a literal enforcement of the provisions of the By -law and specifically §139 -16 would involve substantial hardship, financial and otherwise (consisting of the lack of marketability and the possible need to demolish a substantial portion of the structure), to the Applicants, and that the desired relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the By -law (since the intent of the By -law is not to create a hardship in such cases, and this Board has generally granted similar relief to other applicants in like circumstances). The Applicants relied upon licensed surveyors in good faith and built pursuant to duly issued building permits. The Applicants took all reasonable steps to ensure that the structures would comply. To the extent that the architect and surveyors erred, such errors were wholly inadvertent. The Applicants have no other practical remedy, because the excess ground cover cannot readily be eliminated. 10. Accordingly, by a 4 to I Super Majority Vote (Toole, McCarthy, Koseatac, and Mondani in favor; Poor opposed), the Board GRANTS the requested relief by VARIANCE, from the requirements of Nantucket Zoning By -law §139 -16.A as to ground cover ratio to validate the Locus, as currently improved, as shown on the Plot Plan, drawn by Emack Surveying, LLC., dated December 12, 2016, a reduced copy of which is attached hereto as Exhibit A. SI NATURE PA E FOLL WS Assessor's Map 45, Parcel 5.2 189 Polpis Road Limited Use General 3 ( "LUG -3 ") Dated: January , 2017 Nantucket, ss. 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