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Continued to:_ /_ /_ Withdrawn:_ /_ /_ Decision Due By:—/—/—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.
Book 1103, Page 85
Shown as Lot2
Plan File 9 -A
�1749
MA Poor (opposed)
Mondani
COMMONWEALTH OF MASSACHUSETTS
On the I day of JanLAaIr , 2017, before me, the pursuant signed notary public,
personally appeared 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 he /she signed the foregoing
instrument voluntarily for the purposes therein expressed.
MotA,ry Public:
My Commission Expires: 1 c) OR� Zb20
DORIS C. STRANG
Notary Public
massachusetts
°yp Commission Expires Oct 9, 2020
a
a
a
a $
�g.
1�
!r
N
K
a
x
a.
N
h A
I
a�
w
x
a
w
D
z �
LO
OL
a
a
U
L
L ,bS'£ti
'va sldlod
01 _.ZZ9
+.S6
�E
N+I
ti
45 -6 K. COFFlN
KENNETH T. k CHERYL
0
I
+i I
�I
I
"EXHIBIT A"
m m F-
O j m
N d F- J W� M
Z= Q W J A N I
W TWO
E Om O O OLUm O 5<
U W = Y J Z J z> Z O Ld
t < Q H mpaLL,U U w <H I
a N Q W� F VI <Y N
00 < O UULLd N =UM Lj
O Zz� �' } YVIO
z Z ,t W W 0 Q 3 Z m
w iII Z O w W
L W NdI< Y W O W F-
F- L) U �K(n tw
OJ a H J p Z W d 0
n_m z < w <NaW z_
< z N in d< z a-
I
I
I
+I Im
b
N
I
I
I
I
I
WA Y
1110
Z
+ ZO
2
�Z
O
Q <
�+ >
N W
Q N
W
U
Z
N
Z
rn
z
O
F �
<
O
Ol 2V
z ZO w< 2O
Zm NO
a..Ow r
O� F mo z�U
a00< OU U6F
�z U) oo Q
J O
o d En r N J
z<? w m < d. Z01 N mz.c K m K N U N U w U
r
ppaW lw <� z� 0
z z a,< W O 0 w
�.WNZ zp zp yWc
w U,— O z w pJ W>
m <
1 N w a z W N KW
KJKy�N< 0w �dF
II N
+1
-+
E._° iOj
En I I U) N
+I ww
6 m M D +I +I
OM I F'�OOU w Y w N H 0
Ir 1 OOMU (ntl6'- '
<
3 ONNY MK N] J (w) O J
Of I>I J La1UWMOO�J.I <D<
a C� NQmN2� M 3 < FO-O
Z F, F- W�UU KO0 V1F-
\ pF - ONWUU 0 U UU
r <omm��m�m
w»
-< 3 3 z z z z Z
\ WM�Z OOFFF rF-
O?? J J X X X X X
U Li N< < w W w W w
L =27
R= 958.03
I
NI
Ga