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HomeMy WebLinkAbout035-13 Spearhead Dr Lot 204Fee: $300.00 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Ppni`farm RECEIVED 2013 CCT 3 P.9 11 40 NANTUCKET TOWN CLERK File No:' o' 3 Owner's name(s):Kenneth, C. Coffin Inc:i6 Mailing address:c/'b Atty, P.A FHai9ted;,-4 NoTth,+Water. St , °Nantuoket, %HH' Phone Number:soa 22a 0444 Mail: p'a,tr3b3°amhals €`eB1`av "6oeas. Applicant's name(s) Rushee `Septrc Mailing Address: c/b Atty. dil4 quay';. Cj-'[A7€:t, °o;rS'Sji? Phone Number:5p @- 825 - 099 % 'SEM.1]bepplfmguaj 3aal:;,o'om Locus Address. Lot'�204; Spearhead briKe Assessor's Map /Parcel : s9 /30'g6rtion Land Court Plan /Plan Book & Page /Plan Pile No Wd` CaSrf.. Plad' No: a2$9ag, -e, Deed Reference /Certificate of Tide *t2i?4c -; Zoning DistrictRC 2 - - Uses on Lot - CornmeraaL None, iq Yes (describe) v Residential: Number of dwellings'.: •L' Duplex Apartments Date of Structure(s): all pre date 7/72 or - Building Permit Numbers - Previous Zoning Bond Application Numbers . 2 Fairg..da Road Nantucket Measachusens 02554 508- 228 -7215 telephone 508 - 228 -7298 facsimile 65 State below or attach a separate addendum of specific special permits or variance relief applying for: S a a Addendum A t t ac had 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. SIGNATUREsf% nJ ie yi.+��4�2- Owner* Patricia A. Halsted, Attorney for Kenneth C. Coffin, Inc. SIGNATURE: ; Applicant /Attorney /Agent- 1 ph 9. Guay, At to r ay for Hu g as Septic Sary Ica, Inc. *If an Agent' presery g 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 C1uk:JJ_ Planning Board: _/_ /_ Building Dept.:J_J_ By:," Ai Fee deposited with Town Tmasuru /_/ By ', Waiver requested s"; Granted_ /_ /_ Hearing notice posted with Town Cletk:_/ / ''` Mailed. /x/17_ -.! -. /_:, Hearing(s) held on._ /_ /_. Opened on ✓` /, Continued m.. / A n Withdrawn . /_� Decision Due By: _ /� /_r.. Made _ ./ Filed w /Town Clerk) / -' ?V Mailed''.;/ 2 Fairgrounds Road Nantucket Maseachnsetta 02554 508- 228 -7215 tekphone 508- 228 -7298 facsimile o ADDENDUM (Application for Special Permit) Hughes Septic Service, Inc. P.O. Box 427, Nantucket, Massachusetts 02554 -0427 _ Spearhead Drive, Lot 204, Land Court Plan No. 26984 -8 Certificate of Title No. 11,346 Nantucket Assessors — Portion Map 69, Parcel 10 ZONING CLASSIFICATION* *RC-2 District Existine „Zoning Freeze" Minimum Area: 5,000 Sq. Ft. 5,022 Sq. Ft. Minimum Frontage: 40 Ft. 54.95 Ft. Front Yard Setback: 10 Ft. Vacant Land Rear /Side Yard Setback: 5 Ft. Vacant Land Ground Cover Ratio: 50% Vacant Land APPLICANT/PROPERTY Hughes Septic Service, Inc. (hereinafter referred to as the "Applicant') has entered into a Purchase and Sale Agreement with Kenneth C. Coffin, Inc. (hereinafter referred to as "Coffin "), to purchase a vacant lot located at _ Spearhead Drive, and shown as Lot 204, Land Court Plan No. 26984 -8, filed with Certificate of Title No. 11,346 — a portion of 7 Arrowhead Drive of the Coffin Major Commercial Development Subdivision. (Plan attached with Lot 204 highlighted.) APPLICATION FOR SPECIAL PERMIT Applicant owns and operates a septic service business. Applicant intends to use the property/locus to store portable toilets and equipment, tools and supplies in connection with the septic service business. The property/locus is a vacant lot located within the Coffin Major Commercial Development subdivision off Arrowhead Drive. The subdivision is comprised of sixty-five (65) lots upon which various commercial businesses will be operated by several independent owners. Applicant seeks Board approval and grant of a Special Permit under Zoning Classification Commercial Industrial — Interior or Exterior Storage or Warehousing in the RC -2 Zoning District — "Zoning Freeze". 67 01 n �>- z $' �� f$�d p$ g�$d4 €PdCq 4 6 I �a r 4 d G§ 3o Fid ' oil y � N ✓... �i FBs Edd ga FFF 4 d S QeB Qe 'd§ till It in oil{ 6 F•, yyam�, �§ if ob 1p nil, oil NN ELI 6 : 99 a CURRENT ZONING CLASSIFICATION: Residential Commercial (RC -2) WsnNG: MINIMUM LOT SIZE: 5000 S.F. p) IOO16 #.SF. 80TH L075 SCE' PLAN' MINIMUM FRONTAGE: 40 FL PLAN„ i FRONT YARD SETBACK: 10 FT. .SEE. REAR /SIDE SETBACK: 5 Ff. 'SEE'Mi. PLAN.. q GROUND COVER % : 50% y3 i .SEE 69 -10 (PART) N/F _ KENNETH C. COFFIN, INC. 3996 69 -1O ((PART) l N l5 KENNETH C. COFRN, INC. I N I O Q Q I n LOT 275' Tp 204 � y ARROWH I 1.1` ORIVF 54.95 1 R =25.M. I.y - 1— 40.50 L=36.29 SP�APh,� 41I j?04D PROPOSED SITE PLAN OF LAND IN NANTUCKET, MASS. SCALE. 1'= 40' DATE JUNE J. 2013 A9pllcant .. NUCNES SEPTIC SERVICE, INC. own er......KENNETH C., COFFIN,, INC.. EOwPR , OaeE:. qW.. 11346. Plan: i.c., $698¢ -6� LQ7 2Q.j @ 204 F. i3 SPEARHF10.R040... ..... ' No. 15911 !S' ISLAND SURVEYORS, LLC Professiohaa.L Land Surveyors 90 OLD SOUTH ROAD NANTUCXET, MASS. 02554 ASSESSOR MAP: .69. PARCEL: .10.(PART) (508) 228 -2720 IC -220 3 i f e 6afr §; 6ga R is 3�C{` kG F V' I Xl 6 �C^ is 113 '�1[� Aapg9r§ v � g 70 p i?g I ci 3 F r 0 F g i 6 1 °R!ye 9P` S( F� I.! II U I1 � F {� gd TOWN OF NANTUCKET RECEIVED BOARD OF APPEALgl3 S P 23 PITT 1 48 NANTUCKET, MASSACHUSETTS�02554TOWN CLERK; Date: September 19, 2013 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 035 -13 Owner /Applicant: Hughs Septic Service, Inc. Lot 204 on LCP 26984 -8 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 (2'07i days. 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 Two Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 69 (Portion) Parcel 10 Certificate of Title No. 11,346 and No. 24,895 DECISION: Land Court Plan No. 26984 -8 Lot 204 Spearhead Road (Portion 7 Arrowhead Drive) CI District* ( *Zoning Freeze for RC -2 District until October 15, 2017) 1. At a public hearing of the Nantucket Zoning Board of Appeals (Board) on Thursday, July 11, 2013, at 1:00 p.m., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of HUGHES SEPTIC SERVICE, INC., c/o Attorney Joseph M. Guay, 108 Surfside Road, P.O. Box 1294, Nantucket, Massachusetts 02554 -1294, File No. 035 -13. 2. The applicant is requesting relief by Special Permit pursuant to Nantucket Zoning By -Law §139 -30 and §139 -7A, for interior and/or exterior storage or warehousing on the locus which is a vacant lot located within the Coffin Subdivision off Arrowhead Drive and shown as Lot 204, Land Court Plan No. 26984 -8. The locus lies within an area currently zoned Commercial Industrial (CI); however, the locus and the lots created by the Coffin Subdivision are subject to a "zoning freeze" under the RC -2 Zoning District which expires on October 15, 2017.* [ *The Zoning Use Chart under § 139 -7A, as amended, provides that interior or exterior storage or warehousing is a permitted use in the CI Zoning District but requires a special permit for such use in the RC -2 Zoning District.] 3. Our decision is based upon the application and accompanying materials and representations and testimony received at the public hearing, including the presentation by the applicant, applicant's counsel, staff and professional advisers. There was no opposition, written or oral, to the application. 4. As presented to the Board, the applicant, Hughes Septic Service, Inc., is a corporation owned and operated by George A. Hughes (Hughes). Hughes is under contract to purchase the subject locus (Lot 204, Land Court Plan No. 26984 -8) from Kenneth C. Coffin, Inc., and the locus is located with the Coffin Subdivision sited off Arrowhead Drive. Hughes operates a septic service business and intends to use the locus to store portable toilets and equipment, tools and supplies in connection with the Hughes Septic Service business. 5. Hughes submitted a proposed Site Plan prepared by Island Surveyors, Inc., dated July 9, 2013, showing a proposed 20 X 40 building, storage area (for exterior storage of portable toilets), two (2) 9 X 20 parking spaces, 14 X 35 loading zone, driveway with apron, proposed hedge as screening and 20% open area. 6. The Board recognized that the intention of the developer of the Coffin Subdivision was to sell lots within the subdivision for commercial and industrial uses and, in fact, other lots in the Coffin Subdivision had been previously conveyed to persons and businesses for commercial and industrial uses. In fact, use restrictions within the Subdivision approval issued by the Planning Board prohibit residential use unless it is for employee housing ancillary to the commercial use of a site. 7. The Board found that applicant's proposed use of the locus was in harmony with the general purpose and intent for commercial and industrial uses of lots within the Coffin Subdivision. The Coffin Subdivision is located in an area that has been re-zoned Commercial Industrial — CI Zoning District, although the Coffin Subdivision lots are currently subject to the RC -2 zoning classification "zoning freeze" that expires on October 15, 2017. The Board determined that granting a special permit for interior and/or exterior storage or warehousing of portable toilets, equipment, tools and supplies should be approved subject to certain conditions as follows: (a) The hedge, as shown on the Site Plan attached hereto, shall be extended to encompass and screen the locus on all sides of the locus, excluding only the driveway access over the apron shown thereon. The applicant, if they choose to do so, may extend the hedge around the perimeter of Lot 205 without screening between the two lots, so long as they are in common ownership and Lot 205 is vacant. (b) The hedge surrounding the locus, excluding the driveway access over the apron shown on the Site Plan, shall be planted within one (1) year from the date of this Decision and shall be, at a minimum, four (4) feet in height. (c) The 14 X 35 loading zone, two (2) 9 X 20 parking spaces, driveway and apron accessing the locus, and 20% open area are designated on the Site Plan and shall be maintained in accordance with applicable provisions under §139 -18, 139 -19, 139 -20 and 139 -20.1; further, the building to be constructed thereon, in size no greater than 20 X 40, shall be sited within the designated building envelope shown on the Site Plan. (d) Although relief under a special permit requires substantial satisfaction within two (2) years of issuance of the decision granting the special permit, this Decision approves a phased implementation of this permit. Construction of a building within the building envelope shown on the Site Platt, without further relief from this Board, shall be permitted provided a building permit application is submitted prior to the RC -2 "zoning freeze" expiration date of October 15, 2017. (e) The locus shall maintain a minimum of 20% of open area free from impervious surfaces as required by §139- 16E(1). 8. Accordingly, by unanimous vote, this Board grants relief to the applicant by Special Permit under §139 -30 and §139 -7A, approving interior and/or exterior storage or warehousing on the locus and improvements to the locus as shown on the Site Plan attached hereto, in accordance with the conditions set forth in paragraph 7 herein. Dated: September 0-11-13 ra 2013 VI& t ar To e i a Botticelli Michael J. O'Mara COMMONWEALTH OF MASSACHUSETTS Nantucket, as. September L3 2013 On this � y of September, 20&, before me, the undersigned Notary Public, personally appeazed ,i (i AthJ.y , who is personally known to me, who is the person(s) whose name(s) is/are signed on the preceding or attached document and who acknowledged the he /she /they signed it voluntarily for its stated purpose. ri' I Noary Publiommissc: - My t cion e LESLIE WOODSON PUB SNELL NOTARY PUBLIC my comm. WJ1iH OF afepL 2B, 2018 My Co Gxpiree Sept 28, 2018 ! � Im / ;~ \ � ! )�7 § \& Qom.