HomeMy WebLinkAbout063-14 14 Spearhead RoadFee: $450.00
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TOWN OF NANTUC
BOARD OF APPS
NANTUCKET, MA 0
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NOV 2014
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2554
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APPLICATION
File No. Y3. /T
Owner'sname(s): Elizabeth A. Hughes
Mailingaddress:4 Lewis Court, Nantucket, MA 02554
Phone Number: 508 - 228 -4697 —E-Mail: bluebeetlek�verizon.net
Applicant's name(s): Elizabeth A. Hughes
Mailing Address: c/o Attorney Joseph M. Guay, PO Box 1294,
antuc et, assac use s
Phone Number: 508 - 825 -9099 —E-Mail: J osephmguay4aol . com
Locus Address: 14 Spearhead Road Assessor's Map /Parcel: 69-336
Land Court Plan /Plan Book & Page /Plan File No
r _nA r.,,,,-r Plan No- 26984 -8
Deed Reference/ Certificate of Title: 2 4 , 8 9 4 Zoning District RC-2 (Zoning Freeze)
Uses on Lot- Commercial: None Yes (describe) Interior Storage /Warehousing
Residential: Number of dwellings Duplex Apartments
Date of_Structur'e�s): all pre -date 7/72 or
Building Permit Numbers:
Previous Zoning Board Application Numb
2 Fairgrounds Road Nantucket Massachusetts 02554
508 - 228 -7215 telephone 508 - 228 -7298 facsimile
State below or attach a separate addendum of specific special permits or variance relief applying for:
See Addendum Attached
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.
SIGNATURE:
SIGNATURE:
*If an Agent is
Owner*
Applicant /Attorney /Agent*
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Continued to:_ /_ /_ Withdrawn: /_/_ Decision Due By:—/—/—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:—/—/—
2 Fairgrounds Road Nantucket Massachusetts 02554
508 - 228 -7215 telephone 508 - 228 -7298 facsimile
ADDENDUM
(Application for Special Permit)
Elizabeth A. Hughes
4 Lewis Court, Nantucket, Massachusetts 02554
14 Spearhead Drive, Lot 203, Land Court Plan No. 26984 -8
Certificate of Title No. 24,894
Nantucket Assessors — Portion Map 69, Parcel 336
ZONING CLASSIFICATION*
*RC -2 District Existing
"Zoning Freeze"
Minimum Area: 5,000 Sq. Ft. 5,004 + /- Sq. Ft.
Minimum Frontage: 40 Ft. 56.05 / 40.50 Ft.
Front Yard Setback: 10 Ft. Vacant Land
Rear /Side Yard Setback: 5 Ft. Vacant Land
Ground Cover Ratio: 50% Vacant Land
APPLICANT/PROPERTY
Elizabeth A. Hughes (hereinafter referred to as the "Applicant ") is the owner of the
vacant lot located at, and known and numbered as, 14 Spearhead Road, and shown as Lot 203,
Land Court Plan No. 26984 -8, filed with Certificate of Title No. 11,346. Applicant's title
ownership is evidenced by Certificate of Title No. 24,894, filed at the Registry District of
Nantucket County (hereinafter referred to as the "Locus ").
ZONING/ PERMITTED COMMERCIAL USE
Applicant owns and operates a business known as Blue Beetle, Inc., involved in the retail
sales of home items and furnishings, gifts, clothing and accessories. The retail sales business is
located at Zero Main Street, Nantucket, Massachusetts. Applicant intends to construct a
commercial building on the Locus for interior storage of product, goods and materials used and
sold in connection with the retail sales business. The Locus is a vacant lot located within a major
commercial development subdivision off Arrowhead Drive created by Kenneth C. Coffin, Inc.
(hereinafter the "Coffin Subdivision "). There are various commercial and industrial businesses
operated by several independent owners within the Coffin Subdivision. The Coffin Subdivision
is located in an area that has been re -zoned Commercial Industrial — Cl Zoning District, although
the Coffin Subdivision lots are currently subject to the RC -2 Zoning District classification
"zoning freeze" that expires on October 15, 2017.*
[ *The Zoning Use Chart under §139 -7A, as amended, provides that interior and /or exterior
storage or warehousing is a permitted use in the Cl Zoning District but requires a Special Permit
for such use in the RC -2 Zoning District.]
APPLICATION FOR SPECIAL PERMIT RELIEF
Applicant seeks Board approval and grant of a Special Permit under §139-30 and §139-
7A, as follows:
1. Permit interior storage or warehousing of product, goods and materials within the
proposed one (1) story 42' X 48' commercial building approximately 2,016+ sq. ft. sited as
shown on the Proposed Site Plan of Land in Nantucket, Mass. prepared by Island Surveyors,
LLC, dated November 6, 2014. (A copy of the Proposed Site Plan is included herewith.)
2. Designation and siting of a 14' X 35' loading zone, two (2) 9' X 20' parking
spaces, driveway and apron accessing the Locus and twenty (20 %) percent open space area free
from impervious surfaces, as shown on the Proposed Site Plan, in accordance with applicable
provisions under §139- 16E(1), 139 -18, 139 -19, 139 -20 and 139 -20.1.
3. Installation of a chain -link fence a minimum of six (6) feet in height on the
boundary lines along two (2) sides of the Locus as shown on the Proposed Site Plan.
4. Construction of the 42' X 48' commercial building and installation of the chain -
link fence, as shown on the Proposed Site Plan, will be performed within eighteen (18) months of
the date of this Board Decision.
Telephone (508) 825 -9099
Facsimile (508) 825 -9199
E -Mail: JosephMGuay@aol.com
VIA HAND DELIVERY
JOSEPH M. GUAY
ATTORNEY AT LAW
108 Surfside Road
P.O. Box 1294
Nantucket, Massachusetts 02554 -1294
November 10, 2014
Eleanor W. Antonietti, Zoning Administrator
Nantucket Zoning Board of Appeals
Two Fairgrounds Road
Nantucket, Massachusetts 02554
Dear Eleanor:
John C. Cartwright, Esquire
Ann E. Rascati, Esquire
of Counsel
Hyannis, Massachusetts
RE: Application for Special Permit
Elizabeth A. Hughes
14 Spearhead Road, Lot 203, Land Court Plan No. 26984 -8
Certificate of Title No. 24,894
Nantucket Assessors —Map 69, Parcel 336
On behalf of my client, Elizabeth A. Hughes, and in connection with the above
referenced Application for Special Permit, enclosed for filing please find the following
documents:
1. Application for Special Permit with attached Addendum;
2. Check in the amount of $450.00 payable to the Town of Nantucket;
3. Town of Nantucket Assessor's Office List of Abutters;
4. Two (2) sets of abutters mailing labels;
5. Locus map; and
6. Proposed Site Plan dated November 6, 2014.
Please schedule the Application for public hearing at the Zoning Board of Appeals
meeting on Thursday, December 11, 2014, at 1:00 p.m.
Thank you for your cooperation and att ntion.
Very tr y yours,
Jos M. Guay
JMG:lmd
Enclosures
cc: Ms. Elizabeth A. Hughes
Catherine Ancero
bluebeetle 1 gverizon.net
cancero@nantucket-ma.gov
NOV 10 2014 J
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3��apNTUC-
AAZ� RECEIVED
TOWN OF NANTUCKET
BOARD OF APPEALS L'GIS JA1? 22 F11 3 22
NANTUCKET, MASSACHUSETTS 02554 �T -' z#, c�'
Date: January 22, 2015
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 63 -14
Current Owner / Applicant:
ELIZABETH A. HUGHES
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.
, ?� I
Eleanor W. Antonietti,
Zoning Administrator
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 - 325 -7587.
NANTUCKET ZONING BOARD OF APPEALS
Two Fairgrounds Road
Nantucket, Massachusetts 02554
Assessors Map 69, Parcel 336
14 Spearhead Road
Commercial Industrial (CI)*
( *Zoning Freeze for RC -2 District until October 15, 2017)
DECISION:
Certificate of Title No. 24894
Land Court Plan No. 26984 -8
Lot 203
1. At a public hearing of the Nantucket Zoning Board of Appeals (Board) on Thursday,
December 11, 2014, at 1:00 p.m., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board
made the following decision on the application of ELIZABETH A. HUGHES., c/o Attorney
Joseph M. Guay, 108 Surfside Road, P.O. Box 1294, Nantucket, Massachusetts 02554 -1294,
File No. 63 -14.
2. Applicant is requesting Special Permit relief pursuant to Zoning Bylaw Sections 139 -30
and 139 -7(a) in order to construct a commercial building, with interior storage or warehousing
on the locus which is a vacant lot located within the Coffin Subdivision off Arrowhead Drive.
Specifically, the Applicant seeks approval to construct a one -story 2,016 square foot warehouse
to be used for interior storage of products, goods, and materials associated with the retail
business known as Blue Beetle, Inc.; to allow siting of a loading zone, two parking spaces,
driveway access, and 20% open space in accordance with By -law Sections 139- 16E(1), 139 -18,
139 -19, 139 -20, and 139 -20.1; and to allow the installation of a six foot chain -link fence along
the perimeter of two sides of the lot.
The Locus is situated at 14 Spearhead Road, is shown on Assessor's Map 69 as Parcel 336, and
as Lot 203 on Land Court Plan 26984 -8. Evidence of owner's title is recorded at Certificate of
Title No. 24894 on file at the Nantucket County District of the Land Court. 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 Planning Board
recommendation on the basis that no matters of planning concern were presented. There was no
opposition, written or oral, to the application.
2
4. Applicant was represented by Attorney Joseph Guay. As presented to the Board, the
applicant, Elizabeth Hughes, who owns and operates a retail business located on Main St. in
town, is asking for Special Permit relief for interior storage and warehousing of products,
materials, and goods in connection with her retail operation. Applicant is further requesting to
install a chain -link fence along the border with the abutting property at 12 Spearhead owned by
Hughes Septic Service, Inc. The owner of 12 Spearhead was granted approval to install a chain -
link fence a minimum of six (6) feet in height on the perimeter boundary lines along three (3)
sides in prior Special Permit (Zoning Board of Appeals Decision No. 22 -14) without a
requirement for any additional screening or vegetative buffer.
The Board expressed concern about approving the proposed chain -link fence without prior
approval from the Historic District Commission ( "HDC "). Attorney Guay proposed that this
Board allow the chain -link fence subject to HDC approval.
5. Applicant submitted two plans with different options for driveway, loading zone, and
parking configuration. Locus is a corner lot abutting Flint and Spearhead Roads. Pursuant to
Section 139- 20.1(2)(b) regarding driveway standards:
No driveway access shall be located closer than 25 feet from the curbline
of an intersecting street, measured from the nearest point of the driveway.
Upon examination of both plans, the Board recommended approval of the plan entitled,
"Proposed Site Plan of Land in Nantucket, Mass. ", dated December 4, 2014 and prepared by
Island Surveyors, LLC, attached herewith as "Exhibit A ". The plan shows a proposed 42 X 48
building to be used for interior storage and warehousing, two 9 X 20 parking spaces, a 14 X 35
loading zone, a driveway with apron with access from Flint Road, a proposed six (6') foot chain
link fence along two (2) perimeter boundary lines, and 20% open area.
6. The Planning Board approval for this subdivision specifically contemplated commercial
activity with accessory residential use for employees. 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 subdivision have been previously conveyed to
persons and businesses for commercial and industrial uses. The proposed uses are consistent with
other commercial properties in the area for which the Board has granted similar permits.
7. The Board determined that the applicant's proposed use and improvement of the 5,004
square foot vacant lot with a 2,016 square foot warehouse with interior storage in connection
with applicant's retail business was in harmony with the general purpose and intent for
commercial and industrial uses of lots within the Coffin Subdivision and approved the relief as
requested with the condition that the substitution of a proposed six (6') foot chain link fence in
place of vegetative screening or wooden fencing receive approval from the HDC. subject to
certain conditions as follows:
8. Accordingly, by UNANIMOUS vote, the sitting Board grants relief to the applicant by
Special Permit pursuant to Nantucket Zoning By -law Sections 139 -30 and 139 -7.A, and
approves the improvements to the locus as shown on the Proposed Site Plan, a reduced copy of
which is attached hereto as "Exhibit A ", in accordance with the following conditions:
3
(a) Permit interior storage or warehousing of products, goods, and materials
associated with the retail business known as Blue Beetle, Inc within the proposed
42 X 48 commercial building containing approximately 2,016 square feet to be
constructed and sited as shown on "Exhibit A ";
(b) Designate and site a 14 X 35 loading zone, two 9 X 20 parking spaces,
abdriveway and apron accessing the Locus from Flint Road, and twenty (20 %)
percent open space area free from impervious surfaces, as shown on "Exhibit A ";
(c) The northerly and westerly boundaries of the Locus will be defined by chain link
or vegetative screening or wooden fence, subject to approval by the Historic
District Commission.
SIGNATURE PAGE TO FOLLOW
4
Assessors Map 69, Parcel 336
14 Spearhead Road
Commercial Industrial (CI)*
( *Zoning Freeze for RC -2 District until October 15, 2017)
Dated: Ja tWt ZZ 2015
Nantucket, ss
Certificate of Title No. 24894
Land Court Plan No. 26984 -8
Lot 203
1 ,can "_ "t --11.
Michael Angelastro
COMMONWEALTH OF MASSACHUSETTS
On the 22 day of JOLAYOL
M 2015, before me, the undersigned notary public,
personally appeared iECA W Ol,! S . 'TD D U , one of the above -named
members of the Zoning Board of Appeals of Nantucket, Massachusetts, personally known to me
to be the person whose name is signed on the preceding document, and acknowledged that he
signed the foregoing instrument voluntarily for the purposes therein expressed.
cyy�c,c t y V
Notary Public: LYNELL D. VOLLANS
W Notary Public
My Commission Expires Commonwealth of Massachusetts
My Commission Expires
December 28, 2018
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