HomeMy WebLinkAbout40-18 85 Millbrook Roadb
0
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
Fee: $300.00
Zoning Board of Appeals
ECCT1 0 201$
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RECEIVED
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File No. ! y - !�
Owner's name(s): Barbara Beinecke Spitler
Mailing address: c/o Reade, Gullicksen, Hanley & Gifford, LLP
6 Young's Way, Post Office Box 2669, Nantucket, Massachusetts 02584
Phone Number: 508-228-3128 E -Mail: air@readelaw.com
Applicant's name(s): Same
Mailing Address: Same
Phone Number: Same E -Mail: Same
Locus Address: 85 Millbrook Road
Land Court Plan 8852-P Lot 24
Certificate of Title: 20906 Zoning District
Uses on Lot- Commercial: None
Residential: Number of dwellings' One
Date of Structure(s): all pre -date 7/72 No
Building Permit Numbers:
Previous Zoning Board Application Numbers:
014-07
Assessor's Map/Parcel: 40-26.2
Limited Use General -2 (LUG2)
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
rt\wps\epit1ar\85 Hillbreok\LBL App for 11-18.do=
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(/,A
File No. ! y - !�
Owner's name(s): Barbara Beinecke Spitler
Mailing address: c/o Reade, Gullicksen, Hanley & Gifford, LLP
6 Young's Way, Post Office Box 2669, Nantucket, Massachusetts 02584
Phone Number: 508-228-3128 E -Mail: air@readelaw.com
Applicant's name(s): Same
Mailing Address: Same
Phone Number: Same E -Mail: Same
Locus Address: 85 Millbrook Road
Land Court Plan 8852-P Lot 24
Certificate of Title: 20906 Zoning District
Uses on Lot- Commercial: None
Residential: Number of dwellings' One
Date of Structure(s): all pre -date 7/72 No
Building Permit Numbers:
Previous Zoning Board Application Numbers:
014-07
Assessor's Map/Parcel: 40-26.2
Limited Use General -2 (LUG2)
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
rt\wps\epit1ar\85 Hillbreok\LBL App for 11-18.do=
State below or attach a separate addendum of specific special permits or variance relief applying for:
The applicant requests that the Decision of the Board of Appeals in
File No. 014-07, which granted relief by Special Permit to increase
the pre-existing nonconforming ground cover upon the locus, which
became nonconforming as a result of rezoning from Residential -2 to
Limited Use General -2 at the 2006 Annual Town Meeting, be modified by
striking the condition contained in subparagraph 9(b) thereof, that
"There shall be no secondary dwelling contained upon the locus,
without further relief from this Board." Further, the applicant
requests that the decision be clarified to specifically state that
the maximum ground cover upon locus, which was allowed to be 5.7%
under the provisions of the decision, may be utilized to increase the
total ground cover upon locus, which is now about 4.7%, to 5.7%,
regardless of the configuration of the structures and not specifically
for the alterations covered by the Special Permit, not all of which
were constructed.
1 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: Barbara Belnecke Spitler Owner*
By:
SIGNATURE: App4e*fft/Attorney/Agent
A thur I. Reade, Jr.
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 Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
F:\lips\spi ila 85 Millbrook\ZSA App f— 11-18.do
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Property Information
Property ID 4026.2 w'
Location 85 MILLBROOK RD ._
Owner SPITLER BARBARA BEINECKE'�«'
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 09/14/2018
Properties updated 10/10/2018
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LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
PROPERTY OWNER..... , Barbara Beinecke Spitler
MAILING ADDRESS.....,. . . Reade, Gullicksen, Hanley &Gifford: LLP
PROPERTY LOCATION.. 85 Millbrook Road . .... . . . . . . ..
ASSESSOR MAPIPARCEL. NM P 40: Parcel 26.2
SUBMITTED BY... , , , , , , , Reade, Gullicksen, Hanley & Gifford, LLP
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
SA SESSOR'S OFFICE
TOWN OF NANTUCKET
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EIGHTY SEVEN LLC
5000 DRAKE ROAD
CINCINNATTI, OH 45243
40
SPITLER BARBARA BEINECKE
P O BOX 68
TIFFIN, OH 44883
40
PERCELAY BRUCE A
1200 SOLDIERS FIELD RD STE 102
BOSTON, MA 02134
40
ELFLAND LYNNE
45 OAK HILL STREET
NEWTON CENTER, MA 02459
40
98 MADAKET ROAD COOPERATIVE INC
C/O GLIDDEN & GLIDDEN PC
37 CENTER STREET
NANTUCKET, MA 02554
40
SCHWENK KAREN C TR
COPPER PENNY TRUST
PO BOX 663
NANTUCKET, MA 02554
40
PERCELAY BRUCE A
1200 SOLDIERS FIELD RD STE 102
BOSTON, MA 02134
40
PERCELAY BRUCE A
1200 SOLDIERS FIELD RD STE 102
BOSTON, MA 02134
40
PERCELAY BRUCE
1200 SOLDIERS FIELD RD STE 102
BOSTON, MA 02134
41
ALGER SARAH F TR
88 M4,DAKET RD REALTY TRUST
C/O 81 HEMLOCK HILL RD
NEW CANAAN, CT 08640
41
SOUTHEAST PROPERTIES LLC
3 BOBBETT LANE
SKANEATELES, NY 13152
41
FROST ERIC TR
C/O SICHKO BOWDITCH DEWEY LLP
1 INTERNATIONAL PLACE 44TH FL
BOSTON, MA 02110
41
ALGER SARAH F TR
88 MADAKET RD REALTY TRUST
C/O 88 HEMLOCK HILL RD
NEW CANNAN, CT 08640
41
COHEN STEVEN L TR
AMSTERDAM INVESTMENTS TRUST
34 MAIN ST
NANTUCKET, MA 02554
57
FROST GRANGER TRST
HOME PLACE NOM TRUST
115 W 16TH ST #248
NEW YORK, NY 10011
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FEB
I S P11 CS
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: February 14, 2019
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No.: 40-18
Owner/Applicant: BARBARA BEINECKE SPITLER
Property Description:
85 Millbrook Road
Map 40, Parcel 26.2
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 Nantucket Superior Court or 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 40, Parcel 26.2
85 Millbrook Road
Limited Use General -2 (LUG -2)
DECISION:
Certificate of Title No. 20906
Land Court Plan 8852-P
Lot 24
1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, November 8,
2018, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following decision on the application of BARBARA BEINECKE SPITLER, c/o Reade,
Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File
No. 40-18:
2. The applicant requests that the Decision of the Board of Appeals in File No. 014-07, which
granted relief by Special Permit to increase the pre-existing nonconforming ground cover upon
locus, which became nonconforming as a result of rezoning from Residential -2 (R-2) to Limited
Use General -2 (LUG -2) at the 2006 Annual Town Meeting, be modified by striking the condition
contained in subparagraph 9(b) thereof, that "There shall be no secondary dwelling contained upon
the locus, without further relief from this Board". Further, the applicant requests that the decision
be clarified to specifically state that the maximum ground cover upon locus, which was allowed
to be 5.7% under the provisions of the decision, may be utilized to increase the total ground cover
upon locus, which is now about 4.7%, up to 5.7%, regardless of the configuration of the structures
and not specifically for the alterations covered by the Special Permit, not all of which were
constructed. Locus is situated at 85 Millbrook Road, is shown on Nantucket Assessor's Map 40
as Parcel 26.2, consists of Lot 24 on Land Court Plan 8852-P, and is situated in the Limited Use
General -2 (LUG -2) 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. Except for the presentation by the applicant's counsel, there was no support nor
opposition presented at the public hearing.
4. As set forth in the Board of Appeals decision in File No. 014-07 (registered with the Lanc
Court as Document 121612), locus had been partly situated in a R-2 zoning district, with maximum
allowed ground cover of 12.5% and partly in a LUG -2 zoning district, with maximum ground
cover of 4%. The passage of Article 32 at the April 2006 Annual Town Meeting relocated the
boundary line between R-2 and LUG -2 districts so that the locus was then situated entirely within
the LUG -2 district and thus subject to the maximum ground cover ratio of 4%. Prior to this change,
2
the structures upon locus had been situated entirely within the R-2 district and were in conformity
with ground cover requirements, with a substantial amount of additional ground cover being
available as a matter of right. The effect of the amendment was to place the single-family dwelling
and ancillary structures upon locus in a pre-existing, nonconforming condition as to ground cover.
Based upon the status afforded pre-existing, nonconforming single and two-family dwellings
under M.G.L., c. 40A, § 6, and with the advice of Town Counsel, the Board of Appeals found that
the extension of the nonconformity, by increase in ground cover, would not be substantially more
detrimental to the neighborhood than the existing nonconformity, and granted Special Permit relief
to allow the project then proposed by the applicant with expansion of ground cover from about
4.03% up to 5.7%. This Special Permit was granted subject to the following conditions:
(a) The proposed alterations shall be performed in substantial conformity
with the plans as approved by the HDC under Certificates of
Appropriateness Nos. 48,887 and 49,020, as may be amended from
time to time;
(b) There shall be no secondary dwelling contained upon the locus, without
further relief from this Board;
(c) There shall be no further expansion of maximum ground cover of 5.7%
allowed herein, without further relief from this Board; and
(d) The applicant and her successors in title shall maintain the existing
wooded area situated between the structures upon the locus and
Millbrook Road as screening.
5. The applicant did not undertake all of the work authorized by the decision in File No. 014-
07, and the present ground cover upon locus, as shown upon a Building Location Plan by Bracken
Engineering, Inc., dated October 10, 2018, a copy of which is attached hereto, is 4,563± square
feet, yielding a ground cover ratio of roughly 4.7%, upon the Locus which has a lot area of 98,147±
square feet.
6. As set forth above, the applicant now wishes to have the decision in File No. 014-07
clarified, to provide that the additional ground cover allowed by that decision, up to a ratio of 5.7%
as provided therein, may be used for any prospective changes, not limited to the plans which were
submitted to the Board of Appeals in File No. 014-07 and approved by the HDC under Certificates
of Appropriateness Nos. 48,887 and 49,020, as referenced therein. The applicant accordingly
requests that condition (a), as set forth in Paragraph 9 of the decision in File No. 014-07 be deleted.
7. The applicant further requests that condition (b), as set forth in Paragraph 9 of the decision
in File No. 014-07, prohibiting a secondary dwelling upon locus, be deleted. At the time of that
decision, a deed restriction was in place prohibiting secondary dwellings. That restriction has now
3
expired as a matter of law and has been deleted by Order of the Land Court from the applicant's
Certificate of Title. At the time of the hearing in File No. 014-07, there was opposition by a
neighbor who was concerned about the possibility of a secondary dwelling (although that had not
been applied for by the applicant and the deed restriction was then in full force and effect); no such
opposition was presented in connection with the present application.
8. Accordingly, by UNANIMOUS vote, the Board of Appeals made the finding that the
amendments to the prior Special Permit granted in File No. 014-07 were in harmony with the
purpose and intent of the Zoning By-law, and GRANTED the MODIFICATION to the
SPECIAL PERMIT as requested by the applicant, by striking conditions (a) and (b) from the
decision in File No. 014-07, so that the maximum ground cover ratio upon locus shall be 5.7%
without any restriction imposed by the decision as to how that ground cover may be utilized, and
there shall be no prohibition imposed by the decision upon a secondary dwelling upon locus.
Conditions (c) and (d) of the decision, as set forth above, shall be and remain in full force and
effect.
4
Assessor's Map 40, Parcel 26.2
85 Millbrook Road
Limited Use General -2 (LUG -2)
Dated: November 8. 201
Nantucket, ss.
Certificate of Title No. 20906
Land Court Plan 8852-P
Lot 24
Susaf�cCarthy
MMA Poor
Mondani
COMMONWEALTH OF MASSACHUSETTS
On the 1 `I 1""" day of vv a 2019, before me, the undersigned notary public,
personally appeared , one of the above-named
members of the Zoning Board of Appeals of NantucI4 Massachusetts, personally known to me
to be the person whose name is signed on the preceding document, and acknowledged that they
signed the foregoing instrument as their free act and deed and voluntarily for the purposes therein
expressed.
MEGAN TRUDEL
Notary Public
COMMONWEALTH Of MASSACHUSETTS
My Commission Expires On
May 08, 2020
Official SidnatureSeal of Notary Public
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