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TOWN OF NANTUCKET
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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,
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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.
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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
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