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HomeMy WebLinkAbout45-17 15 Rhode Island Avenue��apN7UC/-� y9pDAAi��6� TOWN OF NANTUCKET Ga �3 BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 .ter Date: January 12, 2018 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No.: 45-17 Owner/Applicant: BARBARA VIGNEAU TRUSTEE OF BARBARA VIGNEAU TRUST - 2007 Property Description: 15 Rhode Island Avenue Map 60.3.1 Parcels 361 & 363 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 Nantucket Superior Court or 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. 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 Assessor's Map 60.3.1, Parcels 361 & 363 Certificate of Title No. 22866 15 Rhode Island Avenue Lots 57, 58, 59, & 60; Block 30 Village Residential (VR) LC Plan 2408-Y DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, December 14, 2017, at 1:00 P.M., Four Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of BARBARA VIGNEAU, TRUSTEE OF BARBARA VIGNEAU TRUST — 2007, c/o Julie A. Fitzgerald, Esq., P.O. Box 2567, Nantucket, MA 02584, File No. 45-17: 2. The applicant seeks relief by Variance pursuant to Zoning By-law Section 139-32 to validate combined Lots 57, 58, 59 and 60 in Block 30 shown upon the 1913 Land Court Plan 2408-Y, held in common ownership since 1984, and to confirm that they are not merged with any surrounding lots, and as such, are separately buildable and marketable. In the alternative, the applicant seeks a finding that pre-existing nonconforming Lots 59 and 60, purchased by current owner in 1976 with a dwelling, were increased in area and frontage pursuant to Section 139- 33.A(3) by the addition of adjoining Lots 57 and 58, purchased by owner in 1984. The Locus is situated at 15 Rhode Island Avenue, is shown on Assessor's Map 60.3.1 as Parcels 361 and 363, and as Lots 57, 58, 59, and 60 upon Land Court Plan No. 2408-Y. Evidence of owner's title is registered at Certificate of Title 22866 on file at the Nantucket County District of the Land Court. The site is zoned Village Residential (VR) and is sited within the Village Height Overlay District (VHOD). 2. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. 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. 3. As explained by the applicant's counsel, the applicant and predecessors in interest owned Lots 59 and 60 were preexisting nonconforming lots held in separate ownership from any surrounding property prior to the 1972 adoption of zoning by the Town of Nantucket and the property was built upon in the early 1970's. By a Deed dated in 1984 and recorded in 1985, the applicant's predecessors in title acquired two abutting vacant lots being Lots 57 and 58. As such, 2 Lots 57 and 58 were acquired and held in common ownership with Lots 59 and 60 and continue to be so held. 4. The purpose of this application is to validate the merger of the four (4) lots to be held together. Applicant maintained that there are sufficient grounds to make a finding pursuant to Section 139-33. A(3) that the pre-existing non -conforming property consisting of Lots 59 and 60 was increased in area and frontage in 1984 through the addition of adjoining property, being Lots 57 and 58, without the need for relief under this bylaw. 5. Based upon the foregoing presentation, the Board of Appeals, by UNANIMOUS vote, made a finding pursuant to Section 139-33.A(3), that the pre-existing non -conforming property consisting of Lots 59 and 60 was increased in area and frontage through the addition of adjoining property, being Lots 57 and 58, without the need for relief under the Nantucket zoning bylaw. The Board of Appeals by UNANIMOUS vote granted without prejudice the Applicant's request to withdraw the portion of the application requesting Variance relief. 3 Assessor's Map 60.3. 1, Parcels 361 & 363 15 Rhode Island Avenue Village Residential (VR) Dated: December 14, 2017 Certificate of Title No. 22866 Lots 57, 58, 59, & 60; Block 30 LC Plan 2408-Y COMMONWEALTH OF MASSACHUSETTS County of Nantucket, ss On the h day of11r)LGry,2011 } before me, the undersigned notary public, personally appeared Ypr► k6s-4c, aC, , 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 signtl the forego instru)n nt voluntarily for the purposes therein expressed. Of cial Signature and Seal fN Y1 Public DORIS C. STRANG My commission expires: 1. motaryPcblic al Commonwealth of Massachusetts My Commission Expires October 9, 2020 4