HomeMy WebLinkAbout024-08 Spruill & Town of Nantucket
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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. :
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
(-
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~~
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
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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
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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
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241ft
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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
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92.4 66
\
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\ 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
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