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HomeMy WebLinkAbout064-98 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date : August ~ 7 , 1998 To: Parties Decision of following: in Interest and. Others concerned with the the BOARD OF APPEALS in the Application of the Application No.: 064-98 Owner/Applicant: ALLEN V. COLLINS AND NANCY C. COLLINS Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in 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 an complaint in 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. cc: Town Clerk AUG 17 1998 Planning Board TIME:____._ Building Commissioner CLERK: ~ '~ 3 3 ~ ~ PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING~TO NANTUCKET ZONING BY-LAW §139-30I (SPECIAL PERMITS); §139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. ~~ Dale W. Waine ~ Chairman RECEIVED TOWN CLERK'S OFFICE NANTUr -~FT n n n 0554 NANTUCKET ZONING BOARD OF APPEALS 37 Washington Street Nantucket, Massachusetts 02554 Assessor's Map 27, Parcels 22, 36, and 21 (Collins) , and Parcel 33 (Parizeau) 22 and 24 Fulling Mill Road (Collins) and 14 Fulling Mill Road (Parizeau) Certificates of Title Nos. 15,511 and 8596 (Collins) and 18,074 (Parizeau) Collins: Land Court Plan 14311- D, Lot F-3; Land Court Plan 14311-V, Lot 28; Land Court Plan 14311-L, Lot 7 Parizeau: .Land Court Plan 14311- D, Lot 13 LUG-3 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, July 10, 1998, at 1:00 P.M., in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, the Board made the following decision on the applications of ALLEN V. COLLINS and NANCY C. COLLINS (the "Collins"), File No. 064-98, and KIMBERLY C. PARIZEAU ("Parizeau") File No. 065-98, c/o Sarah F. Alger, P.C., Two Union Street, Nantucket, Massachusetts 02554: 2. Parizeau and the Collins are seeking a Special Permit under Nantucket Zoning By-law §139-33.A(8)-for the alteration of lots that are said to be pre-existing, nonconforming, supported by a finding that the alteration would not be substantially more detrimental to the neighborhood than the existing nonconformities. In the alternative or in addition, Parizeau and Collins are seeking a Variance under Nantucket Zoning By-law §139-32.A or a finding that relief is not necessary. The Collins currently own 22 Fulling Mill Road, consisting of Lot F3 on Land Court Plan No. 14311-G and Lot 28 on Land Court Plan No. 14311-V ("22 Fulling Mill Road"), and 24 Fulling Mill Road, consisting of Lot 7 on Land Court Plan No. 14311-L ("24 Fulling Mill Road"). 22 Fulling Mill Road is nonconforming as to lot area with the lot having a total area of 49,243± square feet, in a zoning district that requires a minimum lot size of 120,000 square feet. 24 Fulling Mill Road is said to conform to all dimensional requirements of the Nantucket Zoning By-law (the "By- law"). 22 Fulling Mill Road and 24 Fulling Mill Road are said to have the benefit of Limited Use General - 1 ("LUG-1") intensity regulations until January 1, 2000. The Collins propose to reconfigure 24 Fulling Mill Road into three lots, shown as Lots A, B, and C on the plan submitted with the Collins application. The Collins wish to convey Lot C, containing 40,000± square feet of land area, to Parizeau, to be combined with other land of Parizeau (Lot 13). The Collins further propose to combine Lot A, containing 77,734± square feet of land area, with 22 Fulling Mill Road. The resulting lot would contain 126,977± square feet of land area. The remaining Lot B would contain 132,396± square feet of land area. The Collins request that Lot .B and the lot resulting from the combination of Lot A, Lot F3, and Lot 28 (the "New Collins Lot") continue to have the benefit of LUG-1 intensity regulations until January 1, 2000. Parizeau currently owns the property at 14 Fulling Mill Road, shown as Lot 13 on Land Court Plan No. 14311-P ("Lot 13"). Lot 13 is nonconforming as to lot area, having a total area of 62,589± square feet, in a zoning district that requires a minimum lot size of 120,000 square feet, and as to frontage, having frontage of 50± feet on an easement or way, with 200 feet being the minimum frontage required in this zoning district. Parizeau proposes to acquire Lot C from Collins and to combine Lot C with Lot 13. The resulting lot (the "New Parizeau Lot"), which will contain 102,589± square feet of lot area, will be less nonconforming, but will not meet the minimum lot area requirement of 120,000 square feet. There will be no change in the nonconformity as to frontage. Lot 13 is said to have the benefit of LUG-1 intensity regulations until January 1, 2000. Parizeau requests that the New Parizeau Lot continue to have the benefit of LUG-1 intensity regulations until January 1, 2000. The Collins property is located at 22 and 24 Fulling Mill Road, Assessor's Map 27, Parcels 22, 36, and 21, Lots F3, 28, and 7, Land Court Plans Nos. 14311-D, 14311-V, and 14311-L, respectively. The Parizeau property is located at 14 Fulling Mill Road, Assessor's Map 27, Parcel 33, Lot 13, Land Court Plan No. 14311-P. The Parizeau property and the Collins Property are zoned Limited Use General - 3 ("LUG-3"). 3. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. Several neighbors appeared in support of the application, and two letters were received by the Board from neighbors, indicating that the writers were in full support; no opposition was presented in person or by communication at the public hearing. The Planning Board recommendation indicated that the Planning Board supports efforts to reduce and eliminate nonconformities; however, the recommendation was negative as the Planning Board felt that the applicants should have made application to the Planning Board for approval of the subdivision plan before applying to this Board for relief. 4. 22 Fulling Mill Road consists of Lot F3 on Land Court Plan No. 14311-G, dated September 1, 1950, and Lot 28 on Land Court Plan No. 14311-V, dated November 6, 1959. Lot F3 is improved by a single-family dwelling constructed prior to the 1972 effective date of the By-law. Lot 28 is vacant. Both Lot 2 F3 and Lot 28 are undersized under LUG-1 and LUG-3 intensity regulations (Lot F3 contains 36,605± square feet of land area, and Lot 28 contains 12,638± square feet), and consequently, they are merged for zoning purposes and must be treated as one lot. 22 Fulling Mill Road was a conforming lot until Article 20 was adopted at the November 1990 Special Town Meeting changing the zoning in this district from LUG-1 to LUG-3, at which time 22 Fulling Mill Road became a pre-existing nonconforming lot, having total land area of only 49,243± square feet. 5. 24 Fulling Mill Road consists of Lot 7 on Land Court Plan No. 14311-L, dated November 6, 1959. 24 Fulling Mi11~~Road is improved by a single-family dwelling constructed pursuant to Building Permit No. 1450-80 in 1980, at a time when the zoning in this district was LUG-l. Since 22 Fulling Mill Road and 24 Fulling Mill Road were both improved by single-family dwellings at a time when they both conformed to the intensity regulations of the By-law, they are not merged for zoning purposes under the definition of "Lot" in By-law §139-2. 24 Fulling Mill Road conforms to all intensity regulations of the By-law. 6. Lot 13 is shown on Land Court Plan No. 14311-P, dated April 10, 1963. Lot 13 is improved by a single-family dwelling constructed pursuant to Building Permit No. 11468-94 in 1994 and is nonconforming as to lot area and frontage. Lot 13 has been held in ownership separate from that of all adjacent land since a time prior to the 1972 effective date of the By-law and, as such, is a pre-existing, nonconforming lot. 7. Article 20 of the November 1990 Special Town Meeting, (which changed the zoning in this district from LUG-1 to LUG-3), was amended on the floor to provide that "all lots in this district in existence as of November 15, 1990, shall have the benefit of the LUG-1 Intensity Regulations." Article 51 of the April 1995 Annual Town Meeting, as amended on the floor and approved by the Attorney General, rescinded the above amendment effective January 1, 2000. As a result, 22 Fulling Mill Road, 24 Fulling Mill Road, and Lot 13, as lots in existence as of November 15, 1990, all have the benefit of LUG-1 intensity regulations until January 1, 2000, which benefit such lots would lose if the lot lines were reconfigured as proposed prior to that date without the requested relief. 8. The Collins propose to reconfigure 24 Fulling Mill Road into Lots A, B, and C, as shown on a plan entitled "Plot Plan to Accompany Zoning Board of Appeals Application", drawn by Nantucket Surveyors, Inc., dated June 3, 1998, a copy of which plan was filed with the Collins application. A reduced copy of the relevant portions of said plan is attached hereto as Exhibit A. A plan in similar form will be submitted to the Nantucket Planning Board for its approval and will then be filed with the Land Court Engineering Department, at which time Lots A, B, and C 3 will be renumbered. Prior to registering this Decision with Nantucket Registry District, Applicants will attach as Exhibit B a table setting forth such new lot numbers. 9. Lot A will be combined with Lot F3 and Lot 28, and the resulting lot, the New Collins Lot, will contain 126,977± square feet and will conform with all intensity regulations of the By- law. Lot C will be conveyed to Parizeau and will be combined with Lot 13. The resulting lot, the New Parizeau Lot, will contain 102,589± square feet of lot area and will be less nonconforming, but will not be completely conforming in that it will not meet the minimum lot area requirement of 120,000 square feet and will continue to be nonconforming as to frontage. The remaining lot, Lot B, contains 132,396± square feet and will conform to all intensity regulations of the By-law. 10. Due to wetland and frontage constraints, the Collins and Parizeau cannot make Lot 13 or the New Parizeau Lot completely conforming to all LUG-3 intensity regulations. As a result, the Collins and Parizeau are requesting a Special Permit to allow the extension and alteration of a pre-existing nonconforming lot, Lot 13, by adding Lot C to it, with the resulting lot, the New Parizeau Lot, to be continued to be treated as a pre-existing, nonconforming lot for all purposes, including having the benefit of all LUG-1 intensity regulations until January 1, 2000.. 11. The elimination of~ zoning nonconformities should be encouraged. In this case, one nonconforming lot will be made conforming, and a second nonconforming lot will be made less nonconforming. The parties are eliminating as many nonconformities as they possibly can, and they will not create any new nonconformities or increase any existing ones. Consequently, the Board finds that the grant of the requested Special Permit relief is in harmony with the general purpose and intent of the By-law. The Board further finds that the alteration will not be substantially more detrimental to the neighborhood than the existing nonconformities. 12. Because the Board is dealing with the continuing status of a lot as a pre-existing, nonconforming lot and the alteration of such a lot, the appropriate relief in this matter is a Special Permit pursuant to By-law X139-33.A(8). This Board, by a unanimous vote, therefore, allows the Collins and Parizeau to withdraw, without prejudice, their requests for Variance relief. 13. Accordingly, by a UNANIMOUS vote, the Board of Appeals grants the requested relief by SPECIAL PERMIT under Nantucket Zoning By-law X139-33.A(8) to allow the Collins to (a) reconfigure 24 Fulling Mill Road into Lots A, B, and C; (b) combine Lot ~ with 22 Fulling Mill Road; and (c) convey Lot C to Parizeau, and to allow Parizeau to combine Lot 13 and Lot C. The 4 resulting Lot, the New Parizeau Lot will retain its status as a pre-existing nonconforming lot of record for all purposes, including having the benefit of all LUG-1 intensity regulations until January 1, 2000, all subject to the conditions set forth below. 14. The relief• granted hereby is based upon the following conditions: (a) The New Parizeau Lot (Lot 13 and Lot C) shall continue to be a pre-existing nonconforming lot for all purposes and, as such, shall have the benefit of all LUG-1 intensity regulations (including a maximum permitted ground cover ratio of 7%) until January 1, 2000. Notwithstanding the foregoing, however, the total ground cover of all structures on the New Parizeau Lot shall in no event exceed 5,600 square feet. (b) Lot B and the New Collins Lot shall conform to all intensity requirements of the LUG-3 zoning distric as in effect as of the date of this Decision. C• Dated : August ~, 19,8-~ Dale W . ,Wai tl .. i nda ~. Wi`1liams £:\wp\parizeau\zbzdecision.doc AUG 17 1998 TIME: .~33 p,~. ~~s CLER~: 5 RECEIVED TOWN CLERK'S OFFICE NANTI ~~~~T ~~~ n2554 EXHIBIT A olsPOSInoN of Lors lOT A TO BE CONVEYED TO AND COMBINED WITH LOTS F3 AND 28. LOT C TO BE CONVEYED TO ANO COMBINED PATH LOT 13. RECORD WFORMAnON ALLEN V. GOWNS AND NANCY C. GOWNS LAND CWRT CERTIFCATE 8596 LANG COURT PLAN 14}71_L LOT 7 ASSESSORS MAP 27 PARCEL 21 /24 FUWNG MILL ROAD ALLEN V. GOWNS AND NANCY G GOWNS LINO CWRT CERTIFICATE 15,511 LAND CWRT PLAN 14}11-V LOT 28 LAND CWRT PLAN 74311-C LOT FS ASSESSORS MAP 27 PARCELS 22 AND 36 /22 fUWNG MILL ROAD KIMBERLY C. PARIZEAU LANO CWRT CE4TIflCATE 18074 LAND CWRT PLAN 14}11-P LOT 13 ASSESSORS MAP 27 PARCEL }} /14 FUWNC MILL ROAD PLOT PLAN TO ACCOMPANY A ZONING BOARD OF APPEALS APPLICATION SCALE: 1'60' DATE: JUNE 3, 1998 PREPARED FOR: ALLEN k NANCY GOWNS AND KIMBERLY C. PARIZEAV NPNNCKET SURVEYORS, WC. 5 WINDY WAY NANTUCKET, MA. 02554 (SOB)-228-0240 1\ ,\ `b~h~ BEING A SUBDIVISION OF l0T 7 LAND CWRT PLAN 14311-1 AND GRAPHIC SCALE \ 1 LOT 28 ON LAND CWRT PUN 74311-V. 1'60' \ \ y PROPERTY LINES COMPILED FROM CURRENT 120 180 240 N-603< \ \ LAND COURT PLANS REFERENCED HEREON. 60 TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 NOTICE A Public Hearing of the Nantucket Zoning Board of Appeals will be held at 1:00 P.M., FRIDAY, JULY 10, 1998, in the CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 WASHINGTON STREET, Nantucket, Massachusetts, on the Application of the following: ALLEN V. COLLINS AND NANCY C. COLLINS BOARD OF APPEALS FILE N0. 064-98 Applicants are seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-33A(8) for the alteration of a said to be pre-existing non-conforming lot, supported by a FINDING that the alteration would not be substantially more detrimental to the neighborhood than the existing non-conformities. In the alternative, the Applicants are seeking a VARIANCE under Nantucket Zoning By-Law §139-16, or a FINDING that relief is not necessary. Applicants currently own 22 Fulling Mill Road, consisting of Lot F3 on Land Court Plan No. 14311-G and Lot 28 on Land Court Plan No. 14311-V, and 24 Fulling Mill Road, consisting of Lot 7 on Land Court Plan No. 14311-L. 22 Fulling Mill Road is non-conforming as to lot area with the Lot having a total area of 49,243+ square feet, in a zoning district that requires a minimum lot size of 120,000 square feet. 24 Fulling Mill Road is said to conform with all dimensional requirements of the Zoning By-Law. Both Lots are said to have the benefit of LUG-I intensity regulations until January 1, 2000. Applicants. propose to reconfigure 24 Fulling Mill Road into three (3) lots ("A", "B" and "C"). Applicants wish to convey Lot C, containing 40,000+ square feet of land area, to an abutter to be combined with other land of said abutter. Applicants further propose to combine Lot A, containing 77,734+ square feet of land area, with 22 Fulling Mill Road. The resulting Lot would contain about 126,977+ square feet of land area. The remaining Lot B will contain abut 132,396+ square feet of land area. Applicants request that Lot B and the lot resulting from the combination of Lot A, Lot F3 and Lot 28, continue to have the benefit of LUG-I intensity regulations until January 1, 2000. The premises is located at 22 and 24 FULLING MILL ROAD, Assessor's Map 27, Parcels 22, 36 and 21, Lots F3, 28 and 7, Land Court Plan Nos. 14311-V and 14311-L, respectively. The property is zoned Limited-Use-General-III. r~ l ',, -~ V v ~ ~~.,~/ ~/ Dale W. Waine, Chairman ~!A Form 1-89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Dat NANTUCKET, MA 02554 CASE No. - APPLICATION FOR RELIEF Owner's name(s): Allen V. Collins and Nancy C. Collins Mailing address: c/o Sarah F. Alger, P.C. Two Union Street, Nantucket, MA 02554 Applicant's name: Same Location of lot: Street address: Plan reference: Date acquired: Location of lot: Street address: Plan reference: Date acquired: Assessor's Map 27, Parcels 22 & 36 22 Fulling Mill Road Lot F-3, Land Court Plan No. 14311-D Lot 28, Land Court Plan No. 14311-V 10/30/92, Certificate of Title No. 15,511 Assessor's Map 27, Parcel 21 24 Fulling Mill Road Lot 7, Land Court Plan No. 14311-L 01/23/79, Certificate of Title No. 8596 Zoning district: LUG-3 Uses on lot - commercial: None 0 or MCD? No - number of: dwellings 2 duplex 0 apartments 0 rental rooms 0 Building date(s): all pre-8/72? 1 or 1 in 1980 C of O? Building Permit appl'n Nos. 1450-BO Case Nos. all BoA applications, lawsuits: None State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose compared to present and what grounds you urge for BoA to make each finding per Section 139-32A X if Variance, 139-30A X if a Special Permit (and 139-33A X if to alter or extend a nonconforming use). If appeal per 139-31A & B No, attach decision or orders appealed. OK to attach addendum See attached addendum. Items enclosed as part of this Application: order1No addendum' X Locus map X Site plan X showing present X + planned No structures Floor plans present No proposed No elevations No (HDC approved? No) Listing lot area X frontage X setbacks X GCR X parking data X Assessor-certified addressee list 4 sets X mailing labels 2 sets X $200 fee payable to Town of Nantucket X proof' 'cap' covenant No 1(If an appeal, ask Town Clerk to send Bldg Comr's record to BOA.) I certify that the requested information submitted is substantially RECEIVED complete and true to the best of my knowledge, under the pains and penalties of p rju y. TOWN CLERK'S OFFICE NANTLICK ~~ ~ . ~ ~ ET, MA n;v SIGNATURE: ~~ Applicant No Attorney/agent X JUN 2 4 1998 '(If not owner or o ner's attorney, enclose proof of authority) TIME: FOR B OFFICE USE ~~LERK: Application copies rec' d: 4~r ' n ~ / /~~ by ~r~C~ "~ One copy filed with Town Clerk on ~/~~v b complete? One copy each to Planning Bd and Building De / by ~~~~~ $200 fee heck iven T w urer on / b w d? _ arin tice posted ~/ailed ~/~,~' I & M /~ /S~" Hearing(s) on -/_/_ cont'd to -/_/_, -/_/_ withdrawn? _/ /_ Decision due by -/_/_ made -/_/_ filed TC -/_/_ mailed _/_/_ See related cases lawsuits other f:\wp\Collins\allenv\boaapplication.doc ADDENDUM Application of Allen V. Collins and Nancy C. Collins The applicants request a Special Permit under Nantucket Zoning By-law §§139-30.A and 139-33.A(8) for the alteration of pre- existing, nonconforming lots, supported by a finding under §139- 33.A(8) that the alteration will not be substantially more detrimental to the neighborhood than the existing nonconformities. In the alternative, the applicants seek a Variance under Nantucket Zoning By-law §139-32.A or a finding that relief is not necessary. The applicants currently own 22 Fulling Mill Road, consisting of Lot F3 on Land Court Plan No. 14311-G and Lot 28 on Land Court Plan No. 14311-V ("22 Fulling Mill Road"), and 24 Fulling Mill Road, consisting of Lot 7 on Land Court Plan No. 14311-L ("24 Fulling Mill Road") 22 Fulling Mill Road is nonconforming as to current lot area requirements, having total lot area of about 49,243 square feet, with 120,000 square feet now being the minimum lot area required in this zoning district; 22 Fulling Mill Road otherwise conforms to the dimensional requirements of the Nantucket Zoning By-law (the "By-law") 24 Fulling Mill Road conforms to all dimensional requirements of the By-law. Pursuant to Article 20 of the 1990 Special Town Meeting, (approved by the Attorney General on March 19, 1991), as affected by Article 51 of the 1995 Annual Town Meeting, (approved by the Attorney General on April 22, 1995), both 22 Fulling Mill Road and 24 Fulling Mill Road have the benefit of LUG-1 intensity regulations until January 1, 2000. The applicants propose to reconfigure 24 Fulling Mill Road into three lots, shown as Lots A, B, and C on the plan submitted with the application. The applicants propose to convey Lot C, containing about 40,000 square feet of land area to an abutter, to be combined with other land of such abutter. The applicants further propose to combine Lot A, containing about 77,734 square feet of land area, with 22 Fulling Mill Road. The resulting lot, consisting of Lot A, Lot F3, and Lot 28, will contain about 126,977 square feet of land area, and will conform to all dimensional requirements of the By-law. The remaining Lot B will contain about 132,396 square feet of land area, and will conform to all dimensional requirements of the By-law. The applicants request that Lot B and the lot resulting from the combination of Lot A, Lot F3, and Lot 28 continue to have the benefit of LUG-1 intensity regulations until January 1, 2000 . ~ ~y~,, C~~ /'~, ~ f:\wp\collins\allenv\boaaddendum.doc ~ ~ w ~ /~r~ ~i,_ C/l~n _ /3 ~~~1' ~ From the office of Sarah F. Alger, P.C. f Please call 228-1118 for pick-up. `~ BoA Form ~ ~~~ NANTUCKET ZONING BOAiZD OF APPEALS TOWN~AND COUNTY BUILDING NP~vTUCKET, Mk 42554 ASSESSORS LIST OF PA~tTTES IN ?NTEREST ' 4 PROPERTY OWNER: Allen V. Collins and Nancy C. Collins APPLICANT FOR RELIEF (SAME? X ) ADDRESS OF PROPERiX- 22 and 2~ Fulling Mill Road 2-89 ASSESSORS MAP ~ PTYRCEL• Map 27, Parcels 21, 22, and 36 LXST OF PARTIES INGLUDTNG ADD?tESSES*(OR SEE ATTACHED ) Z certify that the =oregoi.ng (or the attached } lists all persons natural oz legal, who are owners oz abutting property owners oz land directly opposite cn a*iy publ?c yr private street or way; and abutters of the abutters and all other land vwners wi.thi.n three hundred feet of the property line of Owner's property, as they { a*!d their address) appear on the most recent applicable tax list {per M_G_L. c. 40A, Section l? Zoning Code Chaptez 139, Section 139-29D (2}}. S 3 `~ ~~ 8 Date Assessors Office Town o= Nat~tuck2t (NOTE: Applicant (petitioner} should include with the lot r far which zoning relief is sought, any commonly-owned abutting Jots which :airht becv:~e involved in the zoninc natter. List rtap and parcels for each abutter. 05 /13/98 TOWN OF NANTUCKET 08 :32:52 OWNER'S MAILING ADDRESS LIST Map Block Lo t Owner's/Co-Owner's Name Mailing Address/City Sta te Zip Property Location l/ 0027 ,p605 DAVIS JOHN TR PO BOX 671 0044 SHAWKEMO RD / LAUREL BROOKE FARM REALTY TRUS EAST LONGMEADOW MA 01028 0027 - Jd007 KAYE ROBERT M 0060 MONMOUTH PK HGWY 0017 TOP GALE LN W LONG BRANCH NJ 07764 0027 071 COHEN HAROLD & JANICE S 0121 ATLANTIC AVE 0015 TOP GALE LN SWAMPSCOTT MA 01907 C027 ,10008 GENKET INC 45 E 80TH ST 0015 FULLING MILL RD C/0 LAFFONT NE'd YORK NY 10021 0027 024 GIFFORD WHITNEY A TRUSTEE PO BOX 2669 0011 FULLING MILL R.` PHEEBOOP NOMINEE TRUST NANTUCKET MA 02584 0027 ,p6231 DOUGLASS DAVID L & SUSAN H 308 OLIVE HILL LN 0020 FULLING MILL RD WOODSIDE CA 94062 0027 ,1(50232 PERRY PATRICIA A 0424 MARRETT RD C016 FULLING MILL RD LEXINGTON MA 02173 0027 ~b030 COE RICHARD L & ELLEN 0008 FULLING MILL RD 0008 FULLING MILL RD NANTUCKET MA 02554 0027 031 HEARD VIRGINIA S PO BOX 448 0010 FULLING MILL RD NANTUCKET MA 02554 0027 ~ 0032 SMITH GLENORA KELLY FULLING MILL WAY 0012 FULLING MILL RD NANTUCKET MA 02554 0027 0033 PARIZEAU KIMBERLY C 68 LINCOLN RD 0014 FULLING MILL FtJ WELLESLEY HILLS MA 02181 PAGE 1 MUAS750 8.5 NUMBER OF RECORDS = 11 Zoning Board of Appeals 37 Washington Street Nantucket, Massachusetts 02554 A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1:00 P.M., Friday, July 10, 1998, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of: ALLEN V. COLLINS AND NANCY C. COLLINS Board of Appeals File No. - 98 The applicants request a Special Permit under Nantucket Zoning By-law §§139-30.A and 139-33.A(8) for the alteration of pre-existing, nonconforming lots, supported by a finding under §139-33.A(8) that the alteration will not be substantially more detrimental to the neighborhood than the existing nonconformities. In the alternative, the applicants seek a Variance under Nantucket Zoning By-law X139-32.A or a finding that relief is not necessary. The applicants currently own 22 Fulling Mill Road, consisting of Lot F3 on Land Court Plan No. 14311-G and Lot 28 on Land Court Plan No. 14311-V ("22 Fulling Mill Road"), and 24 Fulling Mill Road, consisting of Lot 7 on Land Court Plan No. 14311-L ("24 Fulling Mill Road") 22 Fulling Mill Road is nonconforming as to current lot area requirements, having total lot area of about 49,243 square feet, with 120,000 square feet now being the minimum lot area required in this zoning district. 24 Fulling Mill Road conforms to all dimensional requirements of the Nantucket Zoning By-law (the "By-law"). The applicants propose to reconfigure 24 Fulling Mill Road into three lots, shown as Lots A, B, and C on the plan submitted with the application. The applicants propose to convey Lot C, containing about 40,000 square feet of land area to an abutter, to be combined with other land of such abutter. The applicants further propose to combine Lot A, containing about 77,734 square feet of land area, with 22 Fulling Mill Road. The resulting lot, consisting of Lot A, Lot F3, and Lot 28, will contain about 126,977 square feet of land area, and will conform to all dimensional requirements of the By-law. The remaining Lot B will contain about 132,396 square feet of land area, and will conform to all dimensional requirements of the By-law. The applicants request that Lot B and the lot resulting from the combination of Lot A, Lot F3, and Lot 28 continue to have the benefit of LUG-1 intensity regulations until January 1, 2000, as currently afforded under Article 20 of the 1990 Special Town Meeting, (approved by the Attorney General on March 19, 1991), as affected by Article 51 of the 1995 Annual Town Meeting, (approved by the Attorney General on April 22, 1995) . The premises are located at 22 and 24 Fulling Mill Road, Assessor's Map 27, Parcels 22, 36, and 21, Lots F3, 28, and 7, Land Court Plans Nos. 14311-D, 14311-V, and 14311-L, respectively. The premises are zoned Limited Use General - 3. Dale W. Waine, Chairman f:\wp\collins\allenv\boanotice.doc