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HomeMy WebLinkAbout024-08 Spruill & Town of Nantucket g ::;fJ c> i= Z ~ .~ - w 2:3 --- TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 o N 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. : 024-08 Owner/Applicant: Jeffrey A. Spruill and Veronique N. Spruill and Town of Nantucket 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. ~(dd rJ;W~A (I<ot~ Michael J. O'Mara, Chairman 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. NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 92.4, Parcels 199 and 206 Certificate of Title Nos. 22,023 and 15,829 Limited Use General - 3 Lots 154 thrn 164 Land Court Plan 5004-D 8 and 10 Nichols Road DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, May 9, 2006 at 1:00 P.M., in the garage area at 2 Fairgrounds Road, Nantucket, Massachusetts 02554, the Board made the following decision on the application JEFFREY A SPRUILL AND VERONIQUE N. SPRUILL, and TOWN OF NANTUCKET, as owners, of 5015 Cedar Croft Lane, Bethesda, MD 20814, and 16 Broad Street, Nantucket, Massachusetts 02554, respectively, Board of Appeals File No. 024-08: 2. The Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By- law Section 139-33(A)(8) (configuration change to a preexisting, non-conforming lot). The Applicants (Spruills) propose to acquire an adjacent vacant parcel of land at 8 Nichols Road (Assessor's Map 92.4, Parcels 199) from the Town of Nantucket. The Town awarded the parcel to the Spruills through the Town-sponsored "Nantucket Yard Sale" program and the Spruills propose to combine said vacant land with their surrounding property at 10 Nichols Road (Assessor's Map 92.4, Parcel 206). The Spruills' property contains 50,000 square feet oflot area and the Town parcel contains about 5,000 square feet of lot area. Once combined, the total lot size will be 55,000 square feet in a district that requires a minimum lot size of 120,000 square feet. The Premises are located at 8 and 10 NICHOLS ROAD, Assessor's Map 92, Parcels 199 and 206, LCPL No. 5000-8, Lot 161 (Town) and Lots 154-160 & 161-164 (Spruill). The property is zoned Limited General Use - 3. 3. Our decision is based upon the application and accompanying materials, and representations, and testimony at our public hearing. The Planning Board made no recommendation on the basis that no matters of planning concern were presented. No members of public commented on this application. 4. The Spruills, through counsel, stated that that they own 10 Nichols Road, which is improved with single family dwelling. The Spruills' property is non-conforming as to lot area, containing 50,000 square feet in a zoning district requiring a minimum lot size of 120,000 square feet. The Spruills are purchasing a vacant parcel ofland known as 8 Nichols Road from Town of Nantucket under the "Nantucket Yard Sale" program. The Town's property is nonconforming as to lot area, containing 5,000 square feet in a zoning district that requires a minimum lot size of 120,000 square feet and as to frontage, having 50 feet of frontage on Nichols Road in a zoning district that requires 200 feet of frontage. The proposed merged Premises would still be non- conforming as the lot area, containing 55,000 square feet in a zoning district requiring a minimum 120,000 square feet; however, it would be less nonconforming. 5. Therefore, based on the foregoing, the Board finds that the proposed reconfiguration of the lot lines to allow the merger of the Spruills' property and the Town's property creates no new nonconformity, does not increase any nonconformity, but instead reduces the lot size nonconformity of the Spruills' property. The Board further finds that such reconfiguration of lot lines would not be substantially more detrimental to the neighborhood than existing lot lines, or contrary to the general purpose and intent ofthe Zoning By-law. 6. Accordingly, the Board of Appeals, by a UNANIMOUS vote GRANTS the requested SPECIAL PERMIT relief to allow the reconfiguration of lot lines by merger the Spruill's property 10 Nichols Road and Town's property at 8 Nichols Road, upon the following conditions: a. The resulting merged Premises shall be comprised of both 8 and 10 Nichols Road, Lots 154 through 164 on Land Court Plan No. 5004-D, as shown on "Exhibit Plan" by Blackwell & Associates, Inc., dated October 15, 2005, a reduced copy of which is attached hereto as Exhibit "A"; and b. The merged Premises shall be considered a single building lot under the Nantucket Zoning Bylaw, as amended. Dated: June M, 2008 (- ----, ~~ Edward Toole ~tA !d~J Nantucket, ss. Juu/;, 2008 / . On t~ ~ day of May, 2008, before me, the undersigned Notary Public, personally appeared Jvt-~il ~lli~I// , who is personally known to me, and who is the person 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. ~~ Notary Public: ~~~SA. K. MPPt2e My commission expires: MlffCn cJ.,l, {lP13 CURRENT ZONING CLASSIFICATION: Limited Use General 3 (L.U.G,-3) MINIMUM LOT SIZE: 120,000 S.F. MINIMUM FRONTAGE: 200 n: FRONT YARD SETBACK: 35 n: REAR/SIDE SETBACK: 20 n: GROUND COVER % : 3% 50000:1:S.F. SEE PLAN SEE PLAN SEE PLAN 3:1:% 92.4-65 N/F FARRELL 92.4-167 N/F JORDAN THIS PLOT PLAN WAS PREPARED FOR THE TOWN OF NANTUCKET BUILDING DEPARTMENT ONLY AND SHOULD NOT BE CONSIDERED A PROPERrt LINE SURVEY. THIS PlAN SHOULD NOT BE USED TO ESTABLISH PROPERrt LINES. FENCES. HEDGES OR ANY ANCILlARY STRUCTURES ON THE PREMISES. THE PROPERrt LINES SHOWN RELY ON CURRENT DEEDS AND PlANS OF RECORD. THIS PLOT PLAN IS NOT A CERTlRCATION AS TO TITLE OR OWNERSHIP OF THE PROPERrt SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT ASSESSOR RECORDS. ASSESSOR MAP: . .9?1. . PARCEL: . ~0.6. 92.4-79 N/F ~ ONLY ORIGINALLY STAMP[/) AND ENDORS[/) COPIES OF THIS PLM SHALL BE ACKNOW/.EO(J[/) BY THE CERTIFYING VtND SURVEYOR. 92.4-221 N/F KOKOT t ~ ~ EXISTING CONCRETE DRIVEWA Y \ EXISTING WOOD RETAINING WALL 92.4-193 N/F GERARD EXH/B/T PLAN OF LAN.o IN NANTUCKET, NASS. SCALE: 1 H= 50' DA TE: OCTOBER 15. 2005 Owner: . . . !fFff!fY~.. $P.R.U(L~ . . . VERON/QUE N. SPRUILL . . . .. . . . . . . . . . . . . . . . . . . LOTS 154-d8&! 162-164 Deed: . . CE8T. 21.39.8. . . Plan: . . . 1 P. . . . Locus: . . . .! ~ 0. I!~Cfl94S. (?9~D. . . . , . , . BLACKWELL & ASSOCIATES, Inc. Professional Land SunJeyOTS 20 TEASDALE CIRCLE Nantucket, Massachusetts 02554 (508) 228-9026 B6318 Fee: $300.00 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 t--' , APPLICATION File NoJ~.III><7 it" h ~~HW '.-' tJ Owner's Mailing Phone Applicant's Mailing Address: Phone Locus Address: E-Mail: IJI~I~~U'@tmlil:(~!:~$tf1~!: E-Mail; aqJSt!~W~iil@90mbg~B::~!rt~~:L' Assessor's Map /Parcel:;~~~~m$~~~'96 ',' Land Court Plan/Plan Book & Page/Plan File Deed Reference/Certificate of Ticle; Uses on Lot-Commercial: N one!I::iII;iJiiflf Yes (describe) Residential: Number of dwellingslll!I;'.'11 Duplex Date of Structure(s): all pre-date 7/72 or Building Permit Numbers: . Previous Zoning Board Application Numbers:K____ 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile d CO :::= -0 ::;a , ~ -" -.I u W \0 State below or attach a separate addendum of specific special permits or variance relief applying for: See Exhibit "A" 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. Applicante- / Agent* *If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency. Owner* OFFICE USE ONLY Application received onfllll!ll By:l"I!!111!",I!! Completd!illlllililiii!! Need Filed with Town Clerk:_/ _/ _Board:_/ _/ _ Builcli11g with Town Treasurer:_/ _/ _ Waiver notice posted with Town Hearing(s) held 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile Exhibit "A" The Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-33(A)(8) (configuration change to a preexisting, non-conforming lot). The Applicants (Jeffrey and Veronique Spruill) propose to acquire an adjacent vacant parcel of land at 8 Nichols Road (Assessor's Map 92.4, Parcels 199) from the Town of Nantucket. The Town awarded the parcel to the Applicants through the Town-sponsored "Nantucket Yard Sale" program and the Applicants propose to combine said vacant land with their surrounding property at 10 Nichols Road (Assessor's Map 92.4, Parcel 206). The Applicants property contains 50,000 square feet oflot area and the Town's parcel contains about 5000 square feet of lot area. Once combined, the total lot size will be 55,000 square feet in a district that requires a minimum lot size of 120,000 square feet. The Premises are located at 8 and 10 NICHOLS ROAD, Assessor's Map 92, Parcels 199 and 206, LCPL No. 5000-8, Lot 161 (Town) and Lots 154-160 & 161-164 (Spruill). The property is zoned Limited General Use - 3. Town of Nantucket Web GIS ; 92.4 24 \\ \ \ )\. \ '\~ 241ft \\ Prop ID Address Sale Date Sale Price Book/Page Lot Size 92.4 199 8 NICHOLS RD $0 COOOO/ 792 0.11 acres For general reference only: Important caveats which must be considered when using this data are available from the Nantucket GIS Coordinator. Disclaimer The information displayed on this or any other map produced by The Town of Nantucket Is for reference purposes only. The Town of Nantucket does not guarantee the accuracy of the data. Users are responsible for determining the suitability for Individual needs. All Information is from the Town of Nantucket Geographic Information System (GIS) database. Town of Nantucket, Massachusetts Map Composed 10/17/2007 Copyright 2005 Town of Nantucket. MA. All rights reserved. Developed by AppGeo Town of Nantucket Web GIS '\ ~ ~ ) ./ ~----~ ./ ././ ./. 92.4 66 \ \\ \ 0 241ft \\ Prop ID Address Sale Date Sale Price Book/Page Lot Size 92.4 206 10 NICHOLS RD 09/15/2004 $830,000 C0021398 1.15 acres NOT A LEGAL DOCUMENT For general reference only: Important caveats which must be considered when using this data are available from the Nantucket GIS Coordinator. Disclaimer The information displayed on this or any other map produced by The Town of Nantucket is for reference purposes only. The Town of Nantucket does not guarantee the accuracy of the data. Users are responsible for determining the sUitability for individual needs. All Information Is from the Town of Nantucket Geographic Information System (GIS) database. Town of Nantucket, Massachusetts Map Composed 10/17/2007 Copyright 2005 Town of Nantucket, MA. All rights reserved. Developed by AppGeo CURRENT ZONING CLASSIFICATION: Limited Use General 3 (L.U.G. -3) MINIMUM LOT SIZE: 120,000 S.F. 50000i:S.F. MINIMUM FRONTAGE: 200 n: SEE PLAN FRONT YARD SETBACK: 35 n: SEE PLAN REAR/SIDE SETBACK: 20 n: SEE PLAN GROUND COVER % : 3% 3i:% 92.4-65 N/F FARRELL 92.4-167 N/F JORDAN 92.4-79 N/F ~ ONL Y ORIGINALL Y STAMPED AND ENDORSED COPIES OF THIS PWI SHALL BE ACKNOWLE{)(;ED BY THE CERTIFYING WID SURVEYOR. 92.4-221 N/F KOKOT ~i ~ EXISTING CONCRETE DRIVEWA Y \ EXISTING WOOD RETAINING WALL 92.4-193 N/F GERARD EXH.fB.fT PLAN OF .LAND IN NANTUCKET, MASS: SCALE: 1"= 50' DATE: OCTOBER 15. 2005 . JEFFREY A. SPRtJlLL Owner. . . ',' . . . . . " . . . . . . . . . . . . . . . .VfR.OMo'Uf. N,. . S.Pf?l!I?~ . . . . . LOTS 154-198. ~D 162-164 Deed: . . CE8T. 21,39.8. . . Plan: . . . 1 . . . . . Locus: . . . ./1 ~ 0. f:I~Cf:l94S. {?9~o. . . . . . . . THIS PLOT PLAN WAS PREPARED FOR THE TOWN OF NANTUCKET BUILDING DEPARTMENT ONLY AND SHOULD NOT BE CONSIDERED A PROPERTY LINE SURVf:Y. THIS PLAN SHOULD NOT BE USED TO ESTABLISH PROPERTY LINES, FENCES, HEDGES OR ANY ANCILlARY STRUCTURES ON THE PREMISES. THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PLANS OF RECORD. THIS PLOT PLAN IS NOT A CERTIFICATION AS TO B" JC1UJII'''''LL .. ASSOCTAT.'ES 1m TmE OR OWNERSHIP OF THE PROPERTY SHOWN. UIl .n" &I, ex; ,. OWNERS OF ADJOINING PROPERTIES ARE SHOWN Proless&onaJ Lcmd SunJ81IOf'S ACCORDING TO CURRENT ASSESSOR RECORDS. 20 TEASDALE CIRCLE' ASSESSOR MAP: . .9~.1. . PARCEL: . 20.6. . Nantucket, Massachusetts 02554 11:51:21 AM EST FBK.:B163-70 (50S) 228-9026 B6318 if 5, ()o Town of Nantucket ZONING BOARD OF APPEAL~ MAD l' l"'W\ ... :; 2008 TOWN OF I Nll.NTU'""K- , q. :'"' ~T, MA LIST OF P AATlES IN INTEREST !N THE MA TIER OF niB PETITION OF PROPERTY Oun.iER'.:J,~,....~.,.~LCUt.. ,.,.,. ..... H" '. , MAILING ~ODRESS... M..9...~~. :~:. ...........................,... .... PROPERTY L.OCA TION... e>.. ...NJ.~Q\~, ...~......,......... ..... 'ASSESSORS MA PIP A ReBL". ,~.2.. ....~.. .J.. ~ ~~.....,',. .. .. ... . .. , .., ..... , APPLICANT. ~~, ...~, .........,... ..,.." '" ,....Pl'.tJL: 'S:'dENSiN, ESQ. ~. Z2.5 . '"' S~ . P.O. BOX ~097 NANTUCKET, MA 02584 SEE ATTACHED PAGES I ~ertify lbat the foregoing is a Ust Qf p~rsOM who are owner, or louttinS property, ownen o,f land directlv opposites on any p\lbli~ or private street or WIYi &rid &\:lutters of the aoulters and III other land owners within 300 feet of the. property line of owner's property. all U lhey appear on the most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter J 39. Section 139-290 (2) . DATE . , ,k!...l2p~ ASSESSOR'S OFFICE Town orN~l\Icket /llIrt.kd -3.,.. ,f? {'.fl.l " .... w ...... '" o o "'" "" .. . ".. "..,....~~;,;. 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