HomeMy WebLinkAbout011-08 Squam Head LLC
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
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June 12 ,2008
Date:
To: Parties in Interest and. Others concerned with the Decision of
the BOARD OF APPEALS in the Application of the following:
Application No.:
011-08
OWner/Applicant:
Squam Head, 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) d
Michael J
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 508-228-7215.
ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, MA 02554
Assessor's Map 13
Parcel 12
LUG-I
73 Squam Road
LC Plan 14902-J, Lot 6
Deed Reference, CotT 6-42003
At a Public Hearing of the ZONING BOARD OF APPEALS held at 1 :00 P.M.,
Friday, April 11 , 2008, in the Garage Area at the Town Building Annex, 2 Fairgrounds
Road, Nantucket, Massachusetts, on the Application of SQUAM HEAD, LLC, Suite 203,
11450 SE Dixie Highway, Hobe Sound, FL 33455-5233, Board of Appeals File No. 011-
08, the Board made the following Decision:
1. Applicant is SEEKING a modification of the Special Permit issued in Zoning
Board of Appeals File No. 088-07 in order to allow the construction of a new dwelling on
the newly configured lot, as granted in the decision in File No. 088-07, in a different
configuration. The site is located at 73 Squam Road, is shown on Nantucket Tax
Assessor's Map 13 as Parcel 12, is shown on Land Court Plan 14902-J as Lot 6, and is
registered at the Nantucket County Registry of Deeds as Certificate of Title No.
U42003.
The Premises is located at 73 SQUAM ROAD, Assessor's Map 13, Parcel 12;
Land Court Plan 14902-J, Lot 6. The property is zoned Limited-Use-General-1.
2. The Decision is based upon the Application and materials submitted therewith,
and the testimony and evidence introduced at the hearing. There was no
recommendation from the Planning Board as the Board determined that the matter was
not a planning concern. There were no letters on file.
3. Applicants, through their attorney, represented that they were seeking to slightly
amend the design and location of the dwelling to be constructed on locus. Applicant
received a Special Permit from this Board in File No. 088-07 to allow construction of a
new dwelling on a newly configured lot. That Decision was appealed by an abutter.
Applicant has negotiated with said abutter and this new design and new location
reflects the agreement Applicant has reached with said abutter.
Applicant contends that this modification to a previously granted Special Permit
is in harmony with the spirit and intent of the Bylaw and will not be more detrimental to
the neighborhood as the design and location have been approved by the neighbor who
is most impacted by said dwelling
4. Based upon the foregoing, the Board finds that the requested modification is in
harmony with the spirit and intent of the Bylaw, is in harmony with the spirit and intent
with the previous decision, and will not be more detrimental to the neighborhood and
will not increase existing non-conformities.
5. Accordingly, by a UNANIMOUS vote, the Board grants a MODIFICATION to the
previously issued Special Permit in File No. 088-07 to allow the construction of a new
dwelling upon locus. Said relief is subject to the following conditions:
a. The new structure shall be located and configured substantially in
accordance with the plans approved by Nantucket Historic District
Commission Certificate of Approval No. 51137.
Date: UUXLld/OOOfJ
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Kerim Koseatac
COMMONWEALTH OF MASSACHUSETTS
Nantucket, SS. VUlt! /,;l 2008
On this ~ day of June, 2008 ~etcfe me, the undersigned Notary
Public, personally appeared ~t/~?e W/~ ' who is
personally known to me, and w 0 is t e pers whose name is signed on the
preceding or attached document, and who acknowledged to me that he/she signed
it voluntarily for its stated purpose.
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My commlSSlon expues :,,{IfA/ltl1 ';;J,,")PtJ~
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
Fee: $300.00
File No. 0[(' ot
Owner's name(s); Squam Head, LLC
Mailing address: Suite 203, 11450 S.E. Dixie Highway, Hobe Sound, FL 33455-5233
Phone Number: 508-228-0771
E-Mail: glidatty@nantucket.net
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Mailing Address: Same
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Applicant's name(s): Same
Phone Number: Same
E-Mail: Same
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Locus Address: 73 Squam Road
Assessor's Map/Parcel: 13/12
Land Court Plan/Plan Book & Page/Plan File No.: 14902-J, Lot 6
Deed Reference/Certificate of Tide: C6-42003 Zoning District: LUG-I
Uses on Lot- Commercial: None -LYes (describe)
Residential: Number of dwelling ~ Duplex
Apartments
Date of Structure(s): all pre-date 7 /72 ~ or
Building Permit Numbers:
Previous Zoning Board Application Numbers: 061-06; 088-07
State below or attach a separate addendum of specific special permits or variance relief
applying for:
See Exhibit "A" attached hereto
I certify that the information contain erein is substantially complete and true to the
best of my knowledge, under the s and penalties of perjury.
SIGNATURE:
Owner*
SIGNATURE:
Applicant/Attorney / Agent*
*If an Attorney or other 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:_/ _/ _
EXHIBIT" A"
Applicant seeks a modification of an existing special permit issued pursuant to MGL
Chapter 139-33AA.
In case No. 061-06, applicant obtained a special permit allowing him to demolish and
reconstruct one of two pre-existing single family dwelling units without the loss of
condominium status. In Board of Appeals case no. 088-07, applicant obtained a special
permit allowing applicant to change the configuration of Lot 6 by swapping land with the
adjacent property at 71 Squam Road.
In case no. 061-06, the board granted the special permit on the condition that the new
dwelling unit for Unit No.2 shall be constructed substantially in accordance with HDC
approved plans in Certificate of Appropriateness No. 47,611. Applicant now seeks a
modification to allow the construction of a new dwelling on the newly configured lot
(case no. 088-07) in a different configuration, all as set out in HDC approval Certificate
of Appropriateness No. 51137.
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4. 'HAM: DIVIIION I.lNn A' lHOWN, AIt[ A..-..oXIMAll ClfLY.
INFORMATION S N HEREON WAS
COMPILED fROM AERIAL PHOTOGRAltHS. OEms.
AND PLANS Of RECORD AND IS NOT 'TO BE
CONSTRUED AS HAVING SUfftClENT ACCUft-
ACV fOR CONVEYANCE.
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RECEiVED
BOARD OF ASSESSORS
FEB 2 8 2008
TQWN OF
NANTUCKET, MA
Town of Nantucket
Zoning Board of Appeals
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
PROPERTY OWNER...... .0. .~~ .~. ~...... .~. .c. ~.~.. \. ~\~.....................
(10 '\\.o~'> t:.-l"\ll..t
MAILING ADDRESS...~ .'.':"~?'?..... ~.C?-... .~. .~.'. ~..... ~ .~~.~...~. ~ !::.. .~.~.~l... ..\::.0 \"H
\ -:> Q> -s.D.. "" f-\ ~ (\. \.) j-l- ~
PROPERTY LOCATION..................................................................
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ASSESSOR MAP/P ARCEL.... ....... ................:. ... ............ ........ ......... ..
APPLICANT...... ~ .S-.~.~.~....... .\~.\~~. ..\... \-:':-:.~.........................
S. I.l LlIV'!)
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SEE ATTACHED PAGES
I certify that the foregoing is a list of persons who are owners of abutting
property, owners of land directly opposite on any public or private street or way;
and abutters ofthe abutters and all other land owners within 300 feet of the
property line of owner's property, all as they appear on the most recent applicable
tax list (M.G.L. c. 40A, Section II Zoning Code Chapter 40A
Section 139-2
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P\. SESSOR'S OFFICE ·
Town of Nantucket
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Squam Head LLC
11450 SE Dixie Highway, Hobe Sound, FL 33455
March 7, 2008
Zoning Board of Appeals
2 Fairgrounds Road
Nantucket, MA 02554
Dear members of the Nantucket Zoning Board of Appeals,
I hereby authorize Richard L. Glidden to file an application with your board on
behalf of Squam Head LLC. Thank you for your attention to this matter.
Sincerely,
~~
Erik M. W. Caspersen
Manager, Squam Head LLC
Print Form
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
FileNo.~-~
Map..1.L- Parcel R--
This agreement to extend the time limit for the Board of Appeals to make a decision, hold a public hearing, or
to take other action concerning the application of:
Sauam Head. LLC
Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the State Zoning Act, Chapter 40/\ of
the Massachusetts General Laws, Applicant(s)/Petitioner(s) and the Zoning Board of Appeals hereby agree to
extend the time limit
o For a public hearing on the application
o For a written decision
o For other actionExtension of Special Permit
Such application is:
o An appeal from the decision of any administrative official
o A petition for a special permit
o A petition for a variance
o An extension
~ A modification
The new time limit shall be midnight on March 17. 2010
a time limit set by statute or bylaw.
, which is not earlier than
The Applicant (s), attorney, or a ent for the Applicant represented to be duly authorized to act in this matter
for the applicant, in exec g this agreement waives any rights under the Nantucket Zoning Bylaw and the
State Zoning Act, as a nded, to the extent, but only to the extent, inconsistent with this agreement.
For
Town Clerk Stamp:
Effective Date of Agreement
2 Fairgrounds Road
Nantucket Massachusetts
508-228-7215 telephone
02554
508-228-7298 facsimile