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Home My WebLink About052-04 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: ,A.b~i:ec;7, 200</ To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: ()S';)- dr-; Owner/Applicant: Thl? A()() ZF. Sh UGh, d~UCl~ ~~ ~O()(l1 e.esrcQo()C'p TrfJs'1-/ ~af1 pL}-. S {^, ucl0 I TV'uS/€G ' .. , , Application No. : c::5 .["" -.J '0 ~ . 1 ~ Enclosed is the Decision of the BOARD OF APPEALS which~as this day been filed in the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursWl.nt 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 Planning Board Building Commissloner 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. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 Assessors Map 21 Parcel 21 R-2 45 Quidnet Road Land Court Plan 8853-1(, Lot 22 Certificate of Title 17,327 At a Public Hearing of the Nantucket Zoning Board of Appeals, held at 1 :00 P.M., Friday, August 13,2004, and continued after opening to 1 :00 P.M., Friday, September 10,2004, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of THE ANN F. SHUeH QUALIFIED PERSONAL RESIDENCE TRUST, ALAN A. SHUCH, TRUSTEE, of145 Forest Drive, Short Hills, NJ 07078, Board of Appeals File No. 052-04, the Board made the following Decision: 1. Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-33A(8) in order to change the shape and boundaries of Lot 22 on Land Court Plan No. 8853-K. In addition, Applicant is seeking relief by SPECIAL PERMIT under Section 139-33A(8), to the extent necessary, to validate Lot 22 as currently constituted as an arguably pre-existing nonconforming lot of record, due to a previous change in lot lines to form Lot 22 prior to the adoption of Section 139-33A(8). Applicant proposes to change the westerly boundary of Lot 22 by transferring about 2,957 square feet, more or less, of land from Lot 22 to Lot 16 on Land Court Plan No. 8853-G in exchange for an equivalent area of land to be transferred from Lot 16 to Lot 22. The Premises is located at 45 QUIDNET ROAD, Assessor's Map 21, Parcel 21, Land Court Plan No. 8853-1(, Lot 22. The property is zoned Residential-2. 2. The Decision is based upon the Application and the materials submitted with it and the testimony and evidence presented at the Hearing. There were several written submissions, including maps and photographs, entered into the record in support of their position by the Applicant's legal representatives, Attorneys Sarah Alger and Edward Woll, Jr., during the hearings as well as in the intervening time period. One written submission in opposition to the request for relief was entered into the record by Howard P. Speicher, the legal representative for Charles and Victoria Christie Gustin, the owners of an abutting property at 41 Quidnet Road. The Applicant's attorneys, as well as Gustin's attorney made oral presentations. Mrs. Gustin also spoke on her own behalf during both hearings. There was one letter in favor on file and a separate abutter representing himself, Kelner of39 Quidnet Road, spoke in opposition at the public hearing in August. 3. The Gustins argued that the special permit relief should be denied, "Because the proposed change in the shape of Lot 22 does not comply with the requirements for a special permit imposed by Section 139-33A(8)" (See letter dated August 4, 2004). The proposed change in shape of Lot 22 by cross conveyance of certain land with abutting Lot 16 to the west would increase the nonconformity of an already deficient lot. They argued that relief should not be granted by special permit, as existing nonconformities would be increased and new ones created, and that proper relief would only be available by a grant of a variance in order to validate the Locus as currently configured. They pointed out that the Applicant did not ask for such relief in the alternative and there was no support for a grant of variance relief in any case. They asked that the Board deny relief. They raised such issues as the lack of legal frontage, frontage averaging changes, lot changes that rendered the lot more nonconforming that took place during a complicated series of merges and conveyances, violations of the regularity factor requirement, the status of the abutting Lot 16 (not technically before the Board at this time), practical access versus illusionary access and frontage, and the impact of previous Norcross (a predecessor in title to portions ofthe property) re-drawing of certain lot lines affecting the property. 4. The Planning Board made a detailed written recommendation, dated August 27, 2004, that was entered into the record by Andrew Vorce, the Senior Planner for said board. Mr. Vorce also made a presentation and answered questions from the Board of Appeals members at their September public hearing. The Planning Board recommendation stated that their Board had "refused" to endorse two ANR plans submitted by the Applicant in June of2004 to allow cross conveyance of certain land between Lot 16 and Lot 22 (the subject of this Application). Although the Applicant stated that the two lots (with Lot 16 being a vacant lot) were held in separate ownership, Vorce pointed out that the same individual, Alan A. Shuch in his capacity as Trustee of the Anne F. Shuch Qualified Personal Residence Trust and individually controls both lots. The issue was not that the lots were held in separate ownership but that the same person controlled the two lots. The Planning Board questioned the "grandfathered" status of both lots that would normally be accorded lots of record, which in turn would entitle them to certain protections, and special permit relief would be available in such situations. The Planning Board also questioned whether the frontage upon Sesachacha Road was illusionary versus practical access from Quidnet Road. The Planning Board stated that the proposed transfer ofland between the two parcels appeared to be an "attempt to cure a problem with the adjoining lot, which the Planning Board noted has insufficient frontage, so it can be built upon." Vorce stated that the Applicant would likely be back before the Board of Appeals to cure problems with adjoining Lot 16 regardless of statements to the contrary by the Applicant. The Planning Board noted other possible irregularities such as a structure marked "cottage" that was restricted to "studio" use by an earlier decision ofthe Board of Appeals in File No. 007-96; that the Limited-Use-General-3 zoning district was not indicated on the plan along with the portion of the lot that was in the Residential-2 zoning district; that the signing of earlier ANR plans did not give either property any protection from having to comply with zoning requirements; that the granting of building permits did not compel any of the Boards to "continue compounding those errors or to bring about compliance of another lot at the expense of creating or exacerbating other nonconformities in the subject lot." The Planning Board was particularly mindful of a subdivision plan endorsed in 1990, which created Lots 14, 15 and 16 allegedly using the frontage-averaging portion of the Zoning By-law Section 139-16B(3). However, the three lots at the time of creation were not necessarily buildable because they were in violation of certain sections ofthe frontage averaging provisions of the Zoning By-law. One such requirement was that notice of frontage averaging had to be filed at the Nantucket Registry of Deeds prior to conveyance and this was not duly filed against Lot 14, the lot that was averaged with Lots 15 and 16. Lot 14 was then conveyed and then re- subdivided, becoming Lot 19 and Lot 20, which is the basis of the current problem with Lot 16. Lot 15, which was allegedly also created by frontage averaging but not properly recorded, was subdivided into Lot 17 and 18, with Lot 17 becoming part of what is today Lot 22. Lot 19 was combined with Lot 18 to become Lot 21, which is held in separate ownership. Vorce stated that Lot 22 was tainted by Lot l5's creation under that provision. When the Applicant purchased Lot 16 in 1998 the Planning Board asserted that there was an opportunity to eliminate the nonconformities by combining the Lot with Lot 22 and re- subdividing, which the Applicant chose not to do. Lot 16 had a width that was less than 50 feet, in violation of a provision of the Zoning By-law that related to frontage averaging. In an effort to meet the 50-foot width requirement for Lot 16 only, Applicant was asking the Board of Appeals to allow the parcel exchange. However, with this exchange, Lot 22 would reduce its minimum width at the portion ofthe Lot to below 50 feet, further in violation of said provision, and exacerbating the issues surrounding Lot 15 and practical access. That was not done and there appeared to be an "ongoing effort to invent buildability of Lot 16...the current ANR submission is intended to provide Lot 16 with the minimum 50-foot width substantially after the fact and in violation of the earlier, failed action." The Planning Board concluded its recommendation by questioning whether relief by special permit was appropriate given that there would be a reduction in the width ofthe existing 31-foot wide extension of the Lot 22 to an even narrower width and that would be substantially more detrimental to the neighborhood and thus would be contrary to the Zoning By-law. Variance relief would not be warranted as any hardship appeared to be self-created and the Planning Board asked the Board of Appeals to deny the special permit request. 5. Applicant, through counsel, states the following to support his request for relief. He is seeking a Special Permit under Nantucket Zoning By-law (the "Zoning By-law") S139-33.A(8) to change the shape and boundaries of Lot 22. Applicant states and presented documentary evidence that purports to show that Lot 22 is a pre-existing, nonconforming lot of record if one uses as its southerly boundary the southerly lot lines shown in Land Court Plans 8853-C and 8853-D and in light of a change in the defInition of frontage pursuant to Article 12 ofthe November 1990 Special Town Meeting. Lot 22, known as 45 Quidnet Road, Nantucket, MA, Assessors Map 21, Parcel 21, is held of record by the Ann F. Shuch QualifIed Personal Residence Trust, Alan A. Shuch, Trustee, by virtue of Certificate of Title No. 17,327, and has been so owned since 1996. Lot 22 was formed by combining Lot 2 as shown on Land Court Plan 8853-C, Lot 7 as shown on Land Court Plan 8853-D, Lot 17 as shown on Land Court Plan 8853*H, and Lot 20 as shown on Land Court Plan 8853-1. The four lots came into common ownership on December 8, 2003. Lots 2, 7, 17, and 20 were merged for zoning and building purposes pursuant to a Declaration of Restriction registered with Nantucket Registry District as Document No. 62718 dated December 8, 2003. Land Court Plan 8853-K, a perimeter plan for Lot 22, was endorsed by the Nantucket Planning Board on June 27, 1994, which date is after the amended defmition of "Lot" under Zoning By-law S139-2 became effective. The lot configurations on the series of Land Court plans up to and including Plan 8853-K was presented to the Nantucket Planning Board and approved. That history of approvals is reflected in a table showing the dates of the Planning Board endorsements and the identities of the endorsing Planning Board members and copies of Land Court Plans 8853-A, 8853-B, 8853-C, 8853-D, 8853-E, 8853-F, 8853-G, 8853-H, 8853-1, 8853- J and 8853-K are included as part of the Application for Relief. 6. Applicant states and presented documentary evidence that purports to show that Lot 22 has been the subject of an application for Special Permit by its former owner of record, Ann F. Shuch, Application No. 007-96, to renovate a cabana on the shore ofSesachacha Pond. The relief requested at that time was granted over opposition at the hearing and in writing. There was no Planning Board recommendation. At that time the Board of Appeals determined that the locus was in a Residential-2 zoning district. The zoning district of Lot 22 has not changed since then. The lot then was the same lot at issue here, Lot 22 as shown on Land Court Plan 8853-K, at 45 Quidnet Road, Assessors' Map 21, Parcel2!. 7. Applicant states that the relief is sought under Nantucket Zoning By-law, ~139-33A(8), which was adopted pursuant to Article 40 ofthe 1996 Annual Town Meeting and provides: Preexisting nonconforming lots may be changed; provided that no change in size, shape, boundaries or frontage of any preexisting, nonconforming lot shall be done in any manner except only pursuant to the issuance of a special permit granted by the special permit granting authority designated by this chapter based upon a fmding that said change will not be substantially more detrimental than the existing nonconformity to the neighborhood; provided, further, that no such special permit shall be granted which creates any new nonconformity or increases any existing nonconformity. The reason for the Special Permit Application at this time is because the Applicant proposes to change the westerly boundary of Lot 22 by transferring a approximately 2,957 square-foot parcel from Lot 22 to immediately abutting Lot 16 as shown on Land Court Plan 8853-G in exchange for a parcel of equivalent area along the same boundary line to be transferred from Lot 16 to Lot 22. The parcels proposed to be transferred are shown on the plans appended to the Application. Those plans as to each of Lot 16 and Lot 22 were certified on July 7,2004 by Katherine Flanagan Stover, Nantucket Town County Clerk, as endorsed pursuant to Planning Board Regulations 203.c and Mass. Gen. Laws c. 40, ~80P. Lot 16 is owned by Alan A. Shuch, individually. The owner of Lot 16, Alan A. Shuch, trustee, has consented to the filing of this Application and has agreed to the proposed exchange of parcels conditional upon the grant of the relief requested in this Application. The shapes of Lots 22 and 16 and the boundary between them will change. In addition, the Applicant asserts that the regularity factor of the reconfigured Lot 22 would become 0.556 using the shore line of Lots 2 and 7 as shown in Land Court Plans 8853-C and 8853-D. Applicant argues and presented documentary evidence purported to show that change would eliminate any assertion that the current Lot 22 does not satisfy regularity requirements. The area and frontage of Lot 22 and 16 will not change as a result of the exchange. Lot 22 has at least the minimum of seventy-five (75) feet of nonconforming frontage along Sesachacha Road and lot area of about 116,123 square feet. The area and frontage of Lot 16 would not change as a result of the exchange. Lot 16 has an area of about 56,396 square feet and frontage on Quidnet Road of56.83 feet, allowed pursuant to frontage averaging in 1990 and partially documented by Notice of Frontage Reduction, registered with Nantucket Registry District as Document No. 81,505. However, the Board notes that this document was filed at the Registry of Deeds on the Certificates of Title several years after the initial conveyance for the largest conforming lot of the three original lots now alleged to have been created by frontage averaging, and not for some unknown reason for the two smallest as required by the Zoning By-law. 8. Applicant states and presented documentary evidence that purports to show that as noted above, Lot 22 was approved by the Planning Board on June 27, 1994. By the time the Planning Board acted on Land Court Plan 8853-K the annual Nantucket Town Meeting of April 12, 1994 and the Attorneys General on April 29, 1994 had approved an amendment to the defInition of "Lot" as reflected in the current ~139-2 of the Zoning Bylaw as follows: A tract of land in common ownership, including land under water, not divided by a street, which may include multiple parcels of adjacent land in common ownership to the extent necessary to eliminate or minimize zoning nonconformities. However, two or more adjacent parcels in common ownership, each of which complies with all applicable zoning requirements, or each of which has been lawfully improved with one or more dwellings conforming to all applicable zoning requirements, if any, at the time of construction thereof, and each of which parcels was in compliance with area and frontage requirements applicable thereto at the time of such construction, shall be considered to be separate lots for all purposes under this chapter, notwithstanding any subsequently effective amendment to this chapter. Since the creation of Lot 22, the Building Department has issued building permits for the existing structures on Lot 22. As noted above, one of the structures, the renovation of the cabana on the shore of Sesachacha Pond was the subject of its own Special Permit application, which was appealed by an abutter. The appeal was dismissed in favor ofthe then owner of Lot 22, Ann F. Shuch. 9. Applicant argues and presented documentary evidence that purports to show that the issues as to nonconformity under the current Zoning By-law arose from changes in the Zoning By-law since Lots 2 and 7 were formed in 1975 and 1976 (Land Court Plans 8853-C and 8853-D respectively) and Lot 15 was created on the 8853-G plan, June 11, 1990. Lot 22 was not created until, June 27, 1994 and shown on Land Court Plan 8853-K. Applicant argues that Lots 2 and 7 are exempt from any subsequent zoning changes to the definition of frontage, specifically, which was adopted pursuant to Article 12 of the November 1990 Special Town Meeting to include the language "affording legal and practical access to the lot." Frontage has been defined since then as: The lineal extent ofthe boundary between a lot and an abutting street measured along a single street line affording legal and practical access to the lot. For a lot abutting 2 or more streets, frontage is measured along a single street line of the lot. Frontage shall not include jogs in street width, back up strips and other irregularities in street line, such as at a turning "T" or hammerhead turnaround or street-width change. Applicant states that ordinary, every day access to Lot 22 has been provided by a driveway from Quidnet Road onto the former Lot 17. The Board notes that testimony and evidence indicates there is no actual vehicular access from Sesechacha Road. Applicant argued that the frontage may have become nonconforming on the change of the By-law requirements at the November 1990 Annual Town Meeting. The Board notes that a claim of grandfathering as to Lot 22 was not supported given that it was not shown on a plan until after the 1990 adoption of the new defmition of frontage and that the Lot may have become noncomplying, a distinction that would prevent the Board from granting special permit relief in this situation as opposed to variance relief. 10. Applicant states and presented documentary evidence that purports to show that the other issue of nonconformity arises because of the adoption by Article 12 of the 1980 Annual Town Meeting ofthe requirement of regularity. Zoning By-law 139- 16.D. That provision states that, ''the regularity formula shall not apply to lots recorded or endorsed prior to April 15, 1980." Zoning By-law 139-16.D(3). Lots 2 and 7, which were combined in 1976 as shown in Land Court Plan Nos. 8853-C and 8853-D and are therefore lots that were recorded and endorsed prior to April 15, 1980. The adoption 0 f Article 12 may have raised a question of whether the former Lots 2 and 7, merged in 1975 by a former owner, Norcross, became nonconforming as to regularity, depending upon the location of the southerly boundary of the merged lots. Applicant alleges that the proposed exchange of properties eliminates any question of nonconformity as to regularity based upon the plans and work submitted to the Board by Robert F.A. Emack, a professional land surveyor. Applicant argues that the exchange makes Lot 22 compliant with the regularity requirements of Nantucket Zoning Bylaw 9139-16.D. 11. Applicant states and presented documentary evidence that purports to show that the Historic District Commission has approved a modest structure, located on the southerly portion of Lot 16. Lot 16 has already been improved with an approved well and septic system, as well as a driveway starting from Quidnet Road but that Lot 16 currently contains no structures. Applicant argues that Lot 16 was formed as part of an Approval Not Required Plan endorsed by the Planning Board as shown on Land Court Plan 8853-G, without any notation or verification that Lot 16 was separately buildable. The Board notes that the issuance of a Certificate of Appropriateness by the Historic District Commission for a structure on the property does not confer buildability under the Zoning By-law. The Board further notes that there are issues regarding the lack of notation or verification that Lot 16 was a separately buildable lot on any document at the time it was created and other related lots were conveyed. As noted above, such notation was recorded against this Lot eight years after its creation and not recorded against the other lots, which were allegedly frontage averaged with Lot 16. 12. Board members expressed concern about the availability of other options to correct the nonconformity, including the filing of a proper subdivision. In addition, questions were raised about the impact and proper procedure related to the issue of frontage averaging, which was not resolved to the Board's satisfaction. The Board was also concerned about a seeming attempt to turn back the clock on the errors made when various conveyances and subdivisions took place without proper recording in the Registry of Deeds. Further, Board members expressed concern about the status of Lot 16, which the Applicant's attorneys claimed was not an issue in this proceeding, but which was extensively discussed at the public hearings. However, Board members felt that validating Lot 22 was an attempt to make Lot 16 buildable, when there appeared to be anomalies involved with both lots. There was also a question as to whether special permit relief was the proper relief in this case and the possibility that an existing nonconformity would be increased. In addition, the passage of Article 12 of the November 1990 Special Town Meeting, which changed the defmition of frontage, specifically as to practical versus potentially illusionary access. The Board questions the timing and thus the claim -, of grandfathered status as it pertains to the principal means of adequate access and regularity factor for Lots 2 and/or 7, part of current Lot 22. Lots 2 and 7 came into common ownership in or before 1976 and are shown in Land Court Plans 8853-C and 8853-D. At the annual Town Meeting of April 1980 there was passage of the current regularity provision of the Zoning By-law under Article 12. Although the Attorney General did not approve this change to the Zoning By-law until March 6, 1981, the effective date remains the date of first publication. The Board further notes that other lands, now comprising Lot 22, were added together subsequent to that time. The addition of portions of Lots 14 and 15 (which lots were allegedly created by frontage averaging) to Lots 2 and 7, made the merged lots less nonconforming by providing frontage for Lot 22, which met the 1990 definition of frontage, by providing practical and legal frontage from Quidnet Road. However, there were still issues requiring relief at the time by the Board of Appeals, including the fact that notation about frontage averaging was not put on record until 1998, long after the fact, and all lots now alleged to be created by frontage averaging narrowed below 50 feet, in violation of the Zoning By-law. No relief was sought to validate that situation by the owner ofthe property at that time. No such relief was ever applied subsequently and variance relief is not asked for in this application in the alternative. 13. Based upon the foregoing presentations, a super majority of the Board of Appeals, finds that there were not sufficient grounds to support a grant of Special Permit relief, and finds that the Applicant did not justify their request for relief given testimony and written submissions. The Board further finds that there may be other remedies to rectify the situation that do not require a grant of relief. The Board also finds that some of the issues raised during the public hearing would possibly be beyond its ability to grant Special Permit relief as opposed to variance relief. The Board fmds that the conveyance as proposed would increase the nonconformity of Lot 22, to the substantial detriment to the neighborhood, as it would make Lot 22 more nonconforming, and adversely impact Lot 16. 14. Accordingly, upon a motion duly made and seconded (Wiley, Murphy) to grant the requested relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-33A(8) there were no votes in favor and four votes in opposition (Sevrens, Sanford, Murphy, Wiley) and one abstention (Loftin). Therefore, relief is hereby DENIED. Dated: November 11, 2004 ~ \LI~({AI\ ~ JQ-'1&~ ancy J. Se ns\ [C- ~ ~ Edward S rd Edward Murphy .. / TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT 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, AUGUST 13,2004, IN THE CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application ofthe following: THE ANN F. SHUeH QUALIFIED PERSONAL RESIDENCE TRUST, ALAN A. SHUeH, TRUSTEE BOARD OF APPEALS FILE NO. 052-04 Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By- law Section 139-33A(8) in order to change the shape and boundaries of Lot 22 on Land Court Plan No. 8853-K. In addition, Applicant is seeking relief by SPECIAL PERMIT under Section 139-33A(8)~ to the extent necessary, to validate Lot 22 as currently constituted as an arguably pre-existing nonconforming lot of record~ due to a previous change in lot lines to form Lot 22 prior to the adoption of Section 139-33A(8). Applicant proposes to change the westerly boundary of Lot 22 by transferring about 2,957 square feet, more or less, ofland from Lot 22 to Lot 16 on Land Court Plan No. 8853-G in exchange for an equivalent area of land to be transferred from Lot 16 to Lot 22. The Premises is located at 45 QUIDNET ROAD, Assessor's Map 21, Parcel2l~ Land Court Plan No. 8853-1(, Lot 22. The property is zoned Residential-2. :i~~~ TillS NOTICE IS A V AILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. -..- c') 7J I1 :) ,1 -- .... '", , '~'.. :1 .J '50)? -' 2..:z-.'fS" - \ \ \ ~ 1), (, ~IJ 0 Town of Nantucket ZONING BOARD OF APPEALS RECEIVED ' 'BOARD OF ASSESSORS I JUl' 0.6 2004 TOWN OF . NANTUCKET, MA , r' LISTOF PARTIES IN INTEREST IN THE MATIER OF'THE PETITION OF. --y-. PROPERTY OwNER".....t\\.~~....B.....~~.}.....\Y':-A~d.~~...ok +~e... P\r-.." ~'. . ~ . MAILING ~DDRESS... .<:J\? .... .::?:0!::~'.. .F... ..~\~~r....8~h e'-( PROPERTY LOCATION...... ..Y.. 5:.. ...9.~.~.~.~.e..-.:\..... ..R~.~ 'ASSESSORS MAPIPARCEL.... .~~.. .?-. .I.,.......y ~~.~...?: .l...... APPLICANT...... .5~.c;;........................................ .... .:.... ..... ......... 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U') \D r-- CD 0\ .>: u o M ~ M '" :.: '" '" N r0 r0 N rl '" ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o o N "- '" "- r- NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 CASE Nc{) 5'2 -0 ~ FEE: $300.00 APPLICATION FOR RELIEF Owner's name(s): The Ann F. Shuch Qualified Personal Residence Trust. Alan A. Shuch. Trustee Mailing address: 145 Forest Drive, Short Hills, New Jersev 07078 Applicant's name(s): same as above Mailing address: same as above Locus address: 45 Quidnet Road. Nantucket, Massachusetts Assessor's Map/Parcel: Map 21. Parcel 21 Land Court Plan/Plan Book & Page/Page File No.: Land Court Plan No. 8853-K Lot No.: 22 Date lot acquired: 12/08/1993 Deed Ref./Cert. of Title: No. 17,327 Zoning District: Residential-2 Uses on Lot - Commercial: None (describe) Residential: Number of dwellings 2: Duplex No Apartment No Rental Rooms None Building Date(s): All pre-date 7/72 No or various (pre- and post-1972) C of O(s) Yes Building Permit Nos: 10574-94.11168-94.11169-94.11627-94. 11793-95.12781-95.286-00. & 287-00 Previous Zoning Board Application Nos.: No. 007-96 (for beach cabana as a pre-existine non-conformine structure in a Residential-2 zone) State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of the Zoning By-Law, and support details, grounds for grant of relief, listing any existing nonconformities: Please refer to the attached Addendum. I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and p 'nalties of per'ury. SIGNATURE: Applicant Attorney/Agent X (If not owner or gency to bring this matter before the Board) Application received on:l4 {;!I:BY: Complete: Need COPieS?:n__~ Filed with Town Clerk:~jM~Planning Board:_/_/_Building Dept.:_/_~ ~ Fee deposited with Towu Treasurer: 7 ~tBy:!/J2JlL Waiver requested?: Granted:-'_I_ Hearing notice posted with Town Clerk: /_/~,Y.Mailed::J_Jl,;7 /~M:2/t{/Oc( &:-1f) L/ /~ Hearing(s) held on:_/_I_ Opened on:_/_I_ Continued to:_/_I_ Withdrawn?:_I_I_ DECISION DUE BY:_I_I_ Made:_I_I_Flled w/ Town Clerk:_I_I_ Mailed:_I_I_ DECISION APPEALED?:_I_I_SUPERIOR COURT LAND COURT Form 4/03/03 Addendum to Nantucket Zoning Board of Appeals Application Ann R. Shuch Qualified Personal Residence Trust 45 Quidnet Road, Nantucket, Massachusetts Lot 22, Land Court Plan No. 8853-K, Assessor's Map 21, Parcel 21 The Applicant seeks a Special Permit under Nantucket Zoning By-law (the "By-law") S139-33.A(8) to change the shape and boundaries of Lot 22 on Land Court Plan No. 8853-K ("Lot 22"), which is a pre-existing, nonconforming lot of record using as its southerly boundary the southerly lot lines shown in Land Court Plans 8853-C and 8853-0.. In addition, the Applicant seeks a Special Permit under By-law S139-33.A(8), to the extent necessary, to validate Lot 22 as currently constituted as a preexisting, nonconforming lot of record, using the same southerly boundary. Lot 22 consists of Lot 2 on Land Court Plan No. 8853-C ("Lot 2"), Lot 7 on Land Court Plan No. 8853-0 ("Lot 7"), Lot 17 on Land Court Plan No. 8853-H ("Lot 17"), and Lot 20 on Land Court Plan No. 8853-1 ("Lot 20"). Lots 2, 7, 17, and 20 were merged for zoning and building purposes pursuant to a Declaration of Restriction registered with Nantucket Registry District as Document No. 62718. Land Court Plan 8853-K, creating Lot 22, was endorsed as Approval under Subdivision Control Law Not Required by the Nantucket Planning Board. Lot 22 is now known and numbered as 45 Quidnet Road and is held by the Ann F. Shuch Qualified Personal Residence Trust, Alan A. Shuch, Trustee, by virtue of Certificate of Title No. 17,327, and has been so owned since 1996. The Applicant proposes to change the westerly boundary of Lot 22 by transferring a 2,957 square foot parcel from Lot 22 to Lot 16 on Land Court Plan 8853-G ("Lot 16") in exchange for a parcel of equivalent lot area to be transferred from Lot 16 to Lot 22. The parcels proposed to be transferred are shown on the plans appended hereto that have been certified as endorsed pursuant to Planning Board Regulations 203.c and Mass. Gen. Laws c. 40, S80P. Lot 16 is owned by Alan A. Shuch, individually, and has a septic system installed on it but contains no structures. The owner of Lot 16 has consented to the filing of this Application and has agreed to the proposed exchange of parcels conditional upon the grant of the relief requested in this Application. The areas and frontages of Lots 22 and 16 will not change as a result of the exchange. Lot 22 has at least the minimum of seventy-five (75) feet of frontage along Sesachacha Road and lot area of about 116,123 square feet. Lot 16 has frontage on Quidnet Road of 56.83 feet, allowed pursuant to frontage averaging when Land Court Plan No. 8853-G in 1990 and documented by Notice of Frontage Reduction, registered with Nantucket Registry District as Document No. 81505, and lot area of about 56,396 square feet. The shape of Lots 22 and 16 and the boundary between them will change. In addition, the regularity factor of the reconfigured Lot 22 will become 0.556 using the shore line of Lots 2 and 7 as shown in Land Court Plans 8853-C and 8853-0. to eliminate any possible claim that the current Lot 22 does not satisfy regularity requirements. The regularity of Lot 16 is in excess of the 0.55 minimum and will remain in excess of that minimum when reconfigured. The history of Lot 22, and the lots that comprise Lot 22 (Lots 2, 7, 17, and 20), is as follows. Lot 2, as well as Lot 5 and Lot 6 ("Lot 5" and "Lot 6"), and Lots 3 and 4, which are not relevant to this Application, were created in 1975 by Land Court Plan No. 8853-C and are a subdivision of land on Land Court Plan No. 8853-A and Lot 1 on Land Court Plan No. 8853-B. All of these plans were endorsed as Approval under the Subdivision Control Law Not Required ("ANR") by the Nantucket Planning Board. At the time Lot 2 was created, the land was in a Residential One zoning district and conformed to all dimensional requirements of the By-law as then in effect. Lot 2 had an area of 18,800 square feet more or less and had at least the minimum of seventy-five (75) feet of frontage along Sesachacha Road, which frontage Lot 22 continues to enjoy. In 1976, Lot 7 and Lot 8 ("Lot 7" and "Lot 8") were created by Land Court Plan No. 8853-0, which was a subdivision of Lot 6. This plan was endorsed ANR by the Nantucket Planning Board. At the 1977 Annual Town Meeting, this area of Quidnet was up-zoned to Residential 10 by Article 17. By Article 30 at the 1978 Annual Town Meeting, it was again up-zoned, this time to Residential 2, which remains the applicable zoning district to this date. Lot 2 and Lot 7 came into common ownership on September 8, 1980. By Declaration dated December 12, 1985, registered with Nantucket Registry District as Document No. 34383, the then owner of Lots 2 and 7 agreed that Lots 2 and 7 would be used and regarded to be one lot. Lots 2 and 7 remained in common ownership, but were held in ownership separate and distinct from all other adj acent land until 1993. The combined Lots 2 and 7 contained 59,000 square feet more or less and continued to use the Sesachacha Road frontage. The requirement that lots meet regularity was added to the By-law by Article 12 of the 1980 Annual Town Meeting. This By- law amendment was not approved by the Attorney General until March 6, 1981. Lots 2 and 7, as combined, did not meet regularity and thus became a pre-existing, non-conforming as to regularity at that time. Lot 5 and a portion of Lot 8 were subdivided into Lots 11, 12, 13, 14 ("Lot 14"), 15 ("Lot 15") and 16 on Land Court Plan No. 8853-G, dated May 31, 1990, endorsed ANR by the Nantucket Planning Board. The definition of "frontage" under By-law S139-2 was changed by the adoption of "The 1991 Zoning By-Law" so called, pursuant to Article 12 of the November 1990 Special Town Meeting to include the language "affording legal and practical access to the lot." Although it is the Applicant's position that Lot 22 has legal frontage on Sesachacha Road, to the extent that a different position is taken, Lots 2 and 7 arguably became a preexisting nonconforming lot as to frontage upon the adoption of this definition of frontage in November, 1990. Lot 15 was subdivided into Lot 17 and Lot 18 on Land Court Plan No. 8853-H, dated November 5, 1993. Lot 14, then owned by Martha Harley, was subdivided into Lot 20 and Lot 19 on Land Court Plan No. 8853-1, dated November 5, 1993. Both of these plans were endorsed as ANR by the Nantucket Planning Board. On December 8, 1993, Patricia Ann Wasierski, as Trustee of the Norcross Sesachacha Trust at Quidnet, under Declaration of Trust dated April 21, 1983, registered with Nantucket Registry District as Document No. 27039, conveyed Lots 2 and 7 to Ann F. Shuch by deed dated December 8, 1993, registered with Nantucket Registry District as Document No. 62710. Mollie Norcross and James Glidden, Trustees of Allen E. Norcross Testamentary Trust, under of the will of Allen E. Norcross, Nantucket Probate No. 91P-0052, (for title see Certificate of Title No. 15557) conveyed Lots 18 and 19 to Ann F. Shuch by deed also dated December 8, 1993, registered with Nantucket Registry District as Document No. 62713. Pursuant to an exchange agreement, Martha Harley conveyed Lot 20 to Ann F. Shuch by deed executed on November 22, 1993, registered with Nantucket Registry District as Document No. 62714, in consideration for a deed of Lot 18 from Ann F. Shuch to Martha Harley, again dated December 8, 1993, registered with Nantucket Registry District as Document No. 62715. Lots 2 and 7 were contiguous to Lots 17 and 20, and all four were now in common ownership by Ann F. Shuch and therefore merged. In addition, Ann F. Shuch, also on December 8, 1993, registered as Document No. 62718 the Declaration of Restriction merging Lots 2, 7, 17 and 20 for building and zoning purposes. At that time, there were also exchanges of easements, eliminations and creations of easements, and grants of restricti ve covenants registered in a fairly complex series of transactions. By the Annual Town Meeting of April 12, 1994, the definition of lot was expanded to reflect the combination for zoning purposes of adjacent non-conforming parcels in common ownership. That by law change was approved by the Attorney General on April 19, 1994. The June 24, June 27, Court and merged lots were depicted in a perimeter plan dated 1994 and endorsed by the Nantucket Planning Board on 1994 that was filed on June 29, 1994 with the Land registered as Land Court Plan 8853-K. Copies of Land Court Plans Nos. 8853-A, 8853-B, 8853-C, 8853-0, 8853-E, 8853-F, 8853-G, 8853-H. 8853-1, 8853-J and 8853- K are included in Appendix A. Finally, Article 40 of the 1996 Annual Town Meeting amended By-law ~139-33.A(8) to provide that any change in the size, shape, boundaries, or frontage of a preexisting, nonconforming lot requires a special permit, regardless of the effect on the existing nonconformities. Until the adoption of this By-law amendment, a special permit was not required under the By-law to alter a pre-existing, nonconforming lot unless the lot was becoming more nonconforming as a result. The Building Department has issued building permits for all of the structures on Lot 22 and has issued Certificates of Occupancy for all of such permits. In addition, the Zoning Board of Appeals granted a special permit for renovating one of the structures on the shore of the pond on Lot 22. It had become a pre-existing, non-conforming structure, because it was too close to the lot line to conform to the setback requirements of the Residential-2 zone. That special permit application was opposed, and grant of the special permit was appealed. The appeal was dismissed with prejudice. ..... , ( I \ ~ '" r ~ a:; ~ <l; Q !+l ~ ;~ 1;1 'k'j ~ ~ ~ (-I ,',\ 8853A Plan or Land in Nantucket Scale 50 feet to an inch. MAY 16, 1922- If'!' S.Swift- Surrefor. Mathi/de II.. Geddes UKo.8798 TOWN ROAD of_---~J!.'!.~--- - -' --------------------.... ~2r:'/- .....--- ,//...... // //' /' _/ ,,,,,-,,,- /' / / / :.,,;i "":'..-' c~ 5~C~ SJ; \ ~ ~~t ,,, Z5 '!}- s&" ,~ .,~ ~ l CJS ~ :::t: ~ ~~ t "" ..., ~ ~ zs' ,~ Mathilde H, 6eddes L.e. No,8198 l'oJiP " '.\ Copy w;,t::/inof plan LAND REGISTRATION OFFICE _ JUNE 78, 1922 - Scale of this plan !lo feet tQ an inch . C. 8. Humphrey, Engineer fOr fAun ... ~I ~! '-! ".,.\ ~ I ... 'I l t ~ LCE S-3. 4tn-11-54-913602 (- 88538 SUBDIVISION PLAN OF LAND IN NANTUCKET r.....oO' " "I ~ ~I ~ ',-"- es."" l' '" = ~ -l::: v'" II \ ~ ...... c... i ..' Ia.O~: :c.s_ 's: '<J'! ~,,~-'"____-_ __h_____ _"......------ ______o!"------------- ~ It> ltj It> .8. t: ~ :.;:: lc I:: '" Lt Josiah S. Barrett, Engineer August 8, 1954- ... L' -v .) ~ Ib r" '1-t... ~ ..,0 ~<.J ~ ~:; :: ~ It) ~ ~ " "t .. ~ ~ / ~ -- ---------- ----- --- , ,. '" c': "~Hfj C;j-J.;J b.i:lc:J.rJ I~) (-: I TOWN ROAD 10; " <.i ..j P OJ\) f) Subdivision of Part of land Shown on Plan 8853A riled with Cert. of Title No. 1128 Regis'try District of Nantucket County Separate certificates of title may he issued for land ~7:;"2tZl71/2~ ! D,B 9f"..L~..L9fl,L ~ r.... --.. - -1-: - jj~ecoidi; II Copy ~~no'..!!!!!. LAND REGISTRATION OFFICE - OCT. 5, /954 _ SCiI/e.l1f'tkis plan 20 f'<<t to iln inch CM. Amlef'$on. Engineer tor Court y .------- ----.----.-..---.- ~ " "- .... ~ J J 'S 'i ~ ;;: . . ii. . i: ~ ik .., '> -- .. I t. '"' ... '" .. <:: ~ .. :::: E> "" i 4' SUBDIVISION PLAN OF LAND IN' NAlITUCKET 8853C Josiah S. Barrett. Surve;ror June 24. 197$ !.., C. Plan 8~8c - C.n No. 4-.195 6 1 5 c.s, aU/ONE,!; N 7.~O Isaois,Wirl.1 .: \" Ico.OO ", - : ' '" 222.95 a~ a'~ ~0 ~~ . ~ .' I l.t) '..- /OQOO _..: ; s .7,Jo';,j'12"W 1 8 " ~ \j) ~ a ~ ;:: ... .. .. ::: C5. ' ..r"" ~/~' 0HJ.\CH ~^I),J ~ 51:'::' /" L.< "~,,,.H C.rl. No. 5020 /9 J L '2.~ ROAD e.G. 15aco .' ~ 4 ~ ~ ..- : ".... ~ ,~ ~ ~~7 ~~'-- -~, cs. '0 ~', $ 7.JD ,;J' 12"W ., ~ ~ ~ ~ 3 ~ ~ '" , " : I50.CO :. ~ s ?:JO -.S'I.?"W;. -;; c.: ~ ~ III '" '- o. '" ''l :t 8\ ..~ , 'W J..;:. S68(J~~8. ~2' ~ ~~PI : "'- ~~g ~~ ~ '0 4i e,.t> <' 1:$ ?.;.' IIl"W ~ 't ';& . /80. 52 "',8. ~ B OJ ~ d ~ - ....-- 1'0 N J) Subdivision of Lot 1 and part of Land Snown on Plans 8853B and 8853A Filed with Cert. of Title Nos. 3712 and 1128 Registry District of Nantucket County , Sep~r~te certific~tes of tdle mt3y be IsslIed for land shown hereon 8S ,'='l!L2.~;!...f/:....5.. .~__Q____ un_.u. By the COllrt. .~,__ it- . 7l'.J....1.... ~ OCT D 1.07"< ~,n'______________n_"_ _u_ --_.......-,,~,,- ./ -,'. ~C ,order. PA,R. I. fa,m LCE.S.J. 1'1.71 " co ~'" co~ 1 ~ ~~ " \j ~ ...j" "" ~ ~~ /I ~~ ~~ ~~ ... i4 ... '" "'co ~... CO'l- 15 ~ . ~~ ..: u" ,~ ... TOWN - lApy of ptt .r pion -flltd in- LAND REG/STRATION OFFICE - ocr 8,/975 - ~CilI, of this pion 100 f<<f fp fin inr:h R.L W,.d"IIrY, lngin"rfO"OlUft ~ ~~ R RD. I a I ;;; .~ ~ 't :i 1 ;,;: . a .. .3 ~ f :.. . ..~- ., ., ,. f , .-i 6-1 ~ ~ ~ " :: : , .., . <... .. : <a ';'1 <:) . ''0 ~ :~ " 'I ci '" ~ 1:>.., .'" ~ <::i!" "'; 0\ It\ ,'" 7 ."';"1 I " '" 1-) :;; ~~ :.. 180.54 -..\ "'\ g ..~ ~ C\t' e.l/. S o8r1J)4)S-.r It) If)~ '" 2 ~I '" q ~~~_. === ,I ~~ roJ r.IJ'l J) '.! ~ r~ 'I ~ IJ,A ~ ACT- ~ t. j-J ;.. c,o: ~ ~p.~ . & ~~~ ' ~ ' ~ ~ .1 I .. .. <:) C> .. ll: ~ r:::i " '" <:) <:) ~ ~ ~ " \j :t ..; SUBDIVISION PLAN OF LAND IN NANTl1CKET 8853D '" Josiah s. Barre~, Surveyor December 4. 1976 I,((1!l1ild, L.C.NQ.IIT9011 If, (;'ddes - C,rl. No. 1144 ~OVIL?;;;~T N 1"3~::i:P WI/J'I 2229 I: CoS. "L/NE'? ROADJ L 5 .. -;;. -,: I::l Ii' '~ ~ '<') "" ... I:l .... I:l ::l "'. ~' '" ~:' i\j ., :1 ~ ~ ~ 4 \ . N I" .Jo4.J~i"c : : :-.. 10aoo.. I N 1"3"43'1<'"c C,S, /50,00 ...... .... .. ... ~ .. .. .. ~ ~ .. oj c.:. .~ (;) <:) ~ <:) , ... ~ :t .:; ~':l'" I ~~~ ~ n E-., ~ ... 15aoo .. -'. S68"04'07'W j ': I ~ c::; ~ "- ., ~ '" Subdivision of Lot 6 Shown on Plan 8853C Piled with Cert. o! Title No. 7527 Rogistry District of Nantucket County Separate certificates of I'lIe may be issued for land shown hereon as J:P/,s. __..q,f}!/. fJ... __ __ .._... __.___n_ By tlJe Court. h?7r ~ DEC,30 1975 --- - - - ,).:' --- -- - - --- -- - -- uu_.J__n /; ~ ~ ftce lier. F.F. lorm LCE..s.l. ~1.76 Copy Qf part Qf pI~n -flied in- LAND REGISTRATION OFFICE -DEC. 22, 1976- .sc./~ aftflis plan 100 k~t to an inch Ill.. W..rI~ury, fngineerfOr Court + t- va t- ":! . . . ~ ',:: .:; -:: 'jj ~ . ~ .. ~ 1- ,I r SUBDIVISION PLAN OF LAND IN NANTUCKET 8853 E , ! i J. Marcklinger & Associates, Inc., Surveyors .Aprll 25, 1982 ('B~, .~c. ~ ~ qU;f~[:. Icc.1:11:1 "17/. 95 _/ . 5 ~ tj ~ ~ t; ~;!: $) ~~ .... ~ .~ ~ ~ ~ (!JQ.~O H'/ae) ROAD /2 e 150.1:1.9 .!!.OI.OO $ . m c;:) 'c;:) -m <:i .. ~ eJ Z s .eOt.OO 4~' 12. W 7~'" Subdivision of Lot 4 and Part of Lot 8 Shown on Plans 8853Cand 8853D Filed with Cert. of Title Nos. 7527 and 7874 Registry District of Nantucket County Form LCB.S-3. 2500 9--81 S~ar8te certiflC1:s of t/~/e m8y he issued For land shOwttMreot1 8S -qt.-9.-m______n_______mn____ By the Court. lI}AlolY-U/oIn ~_"l!I_._~ 9 C~. ~ ~ u1~ ~ r0 ~~ .... c;:) .... \..c) c;:) c:i i.i c;:) ~ ~ , .... a !.-", ~ - ~~ ~ ~ '" ~ <It j ~ <II 0'1 ~ ,1(\ " a : :? ~ ~ , . '-- \j ~ .. 1 ll: " '-\ ~ i ~ .a ~ c: ~ e ... J q:) 'V ~~.e1.of"~ LAND REGISTRATION OFFIce - M.4Y2,j. /!J82_ Stille fJl'thls P/lln40 ft:et to an lnell Loui$A.MNir;Englneer fUr Court I~- :--- --~-------~-- 8 8-5;Fl SUBDIVISION PLAN OF LAND IN NANTUCKET Sarrett & Nicholson, Surveyors October 4, 1984 J L , QU/ONET c.s. ($QOO Wide J ROAO ,... -..V 222.8(; N"~.8. 171.95 -- 73" 4.1' 12n E 150. 09 .8. ~--, I 00 .. Q ~~ .. Q <:) 9 ~ ... ~ Q ~ ... PlfI" Q Nfl. 885,JE ~ C) Cflrt Nfl. 1015.1 .; ~ :i; :: !I.. ..!l '" C) .. .j .. ... ':~tr I .. ~ .. N 7.10 43' "= I 12" E it .; I 20/.00 C.8. I ... ! --. t loi ., " ~ ~ ~ ! . . c: "', ... 0 I ... Oc) !O ::: 0 - '0 /0 q "t ~ !ti . :0 0 ::l ~ It. :' 0 ",. <:i ~ ~ "=, 0 I.L "'~ 201.00 ..~ s/:. S C) Mqrk~r 7.10 43'" 12n W ~.t.... AI/en E. NorcrO$$ et ux CB~t. NQ. 74(;7 Subdivision pr .Lot:3 and P~rt of Lot 8 Sllo\ll%1 on Plan.8i}5:3e & 885:3v Filed with Cert.:pf Title No. 7527 & 7874 Reglstry.District:Of Nantucket County Separate certificates of ti,iTe may be issued for land shown hereon as . /"'of::!.().. ........ .. ... .... By the Court. . N~v./3.~..J!~M~ Copyofpartofplan , -f/Iedin- LAND REG/STRA TION OFFICE -NOV. 13 /SS4- Scale of this plan ~O feet to an inch Louis A. Moore, Engineer for Court Form LCE.S-3, 3S00 3-84 :! ., ../1 j \ I SUBDIVISION PLAN OF LAND IN NANTUCKET BB53G ';. Nantucket Surveyor~ Inc,. Surveyors May 31. 1990 1... (", Na. 9795"':' ,.- al/IONET , _/ (30.00 Wid.; 1>/ ~I r.: .( ~ ., ... c:) <:> <~ ;. ~~ " ~~ :1 c::s ~ '\1 '. )-> -.. ", j " I <.j ~ ...; tj <:: 'g> ~ , ~:: , '~f.' 20000 :~~~, ;3tjg~f ~. ... .. ~.~;7~'" [!.1 ,;~ J,~~'" .~ \ ?~t :;:'~\", ~ .\..(~ ~ ' ~\ ~ ~\\:~ \-. \ I c. \ '^ ~)/~-7~>~'~; . ;.--'y . ~/ , '" .;../~ .7V '\' 0/'~"">': ;;;/' cl,/ .' J ;' ~~.. ~I' ~f" I~'" -ff' /7'..... ?"....... -, ~ Clj .1. err .r t1 t< SPY sf ::.:.;bd:"'i~ion of LC~ 5 : Par~ ~7 Lot ... Shown on Plan B853-C : 8853-: Filed with Cert. of Title Nc. 7527 7G7~ P.egistry Distr:ct of Nantucke~ Count; Sc.:lJiJra:I.' ccr:Jficetfs at title ooy ~.~ iss!Jed (D" }e.?~ Sr.OWI n!!rcon C!L f...o,,;-!. .1.~_fpt:.O..Y!1!I_:.ft_ _ _ _ _ _ __ ..'.... :.,. ",....,...; --..---- ". - ," ~ S[ !o.o ROAO...., ',,- 4h.Cn. 9 /4 ~ ~ 1 r'l3,: '-oJ lt1~ . :...~ C) ~, (\j;;;', /0 _ l.r;. ~ ':::,';..'7 /..~. .:J.'ISJr: a Cc..r:. ::';;:.. 1;':!i9 . _ ".':.:~;'''''~;-:'~I./~~l:~3.f2''F Ol\ .,; " . :,"1 JZlOO /.3 c:n <') r..:: <') .... ~.~ .~ t'- \ I{) Vi \C)' ....... ci :Z:' '" .... "" u u: ;= 0: W c..:. :I: I- 3: c w -,. u: z ~ ." X' ~::; 303.83 J80.J4 5 7..)';'l:':J3~:~' ~~-.." ';,;"'. :'.; ':,':J '::~'Jr,,. 7 2 aND P . C"P}" vI part 01 plan -- fn~d:.n - :.":~ r:~-:-..."'-::"-;/ .':"'~"r/..' :::.rr.."c:- _....~ .,; ":,.:.~' ;.,":;'. :VV .'t.e: 1.(; t1':. .:t:cn .-..-- .~~.~.~;..~: -'~~~:.'~-~~~~: I:~~::_..~ } SUBDIVISION PLAN OF LAND IN NANTUCK- Nantucket S r:. T urveyors. Inc.. Surveyors November 5. 1993 SESACHACHA ~~~~:;;~:~'~:~;: !~~,t G r II'~C wila CcrL 01 -:-:~I .' - Regislry Dislrict ol';;'c No, ,::, ::0::" ....cntuCrtCl C:c:,.m~y Separate certificates oUit " Sahown hereon as LOIS;~ may De Issued for iar-a v tile Court. f" , , . , ':, ,or-If/{/', , ' ('A' Iii .1./4....: I .l .' .i.~ '..'n;I,.i.:'\.;:........J'. 8853 H ,. q:~.o ,,_W~7' ".:: ';~, ,'. ......"qoo ."~~'.: ~~/ "~' . /9 ..' --~ .::=' -- ---- --' POND Copy of puN r:.: ;il~:1 'i-. r,t::; R ----;ti!edil1- _ ". ,EG.STRATlO;"~-FIC- ____ :.. ". :..', \: .....1r , t: t'- ~ ~ --- ci 2: cu >- << s::' ~ >- a:: w <..:l ~ i => w -> ;;: % <: ..J Q, Vo X l- i ! ". ~ 8853 I '" SUBDIVISION PLAN OF LAND IN NANTUCKET " ... ';'. Nanlucket Surveyors, Inc" Surveyors Navember 5, 1993 " ' ~~II <Ii /?! r ~ ! ! s ,I " S ! ",-1 - .). .:.' ~:~... - ~'; ;'~I~!~~!:':: / _;l~ V ~ ~--- .----- - /9 '.,. :~ ~. , 9::::;. c' . ," R%~,C ~.'\ '.~' ,:..~' 1,,--""""'" }'. ::t.~ I~' 10 ,Jj..~.. ::; ,-. \ /3 /2 ~ 7 ! i ~-=- - ----- .S.S.r: t, C/{/J Cl:~: ,-", 'r, ,.. ....... '- Subcivision of Lot i4 G Shown on pIon e~53't .. . _ ... _-. Filed wi1h Cert. a. T,.le r",.;:::.::.: Registry District of Nan:~c(.e: C:C~~:)' ':fratecer(i1icalC~?: 1!~~:~:i):':;6 ,=ssuec' :cr :;;,'"jC' 'n hereon as. .,"-" ~ .' .. .- (:,',;:,': ~:~~. . <~. .I?S.~. \. i \... 1....111 ('I .:-;.1, .\,...l..~~ ":," Recor.der., ""', '-. ..-.;..; Scale of ;;;'5 pJiJfl 80 fH: :.: .t~ men loui:,; A. MOOte. E"9,r:Cf'r !C' COUI'l 1'0 ..3 ~ \0 ..... '"" :z: ..., to- << U .... ~ <u C> :t: ?; => .... ~ u: ~ -' 0- ~ .... t I / J . , ...,..... '. ~ , ' .j SUBDIVISION PLAN OF LAND IN NANTUCKET 8853 J (II Nanluckel Surveyors, Inc. . Surveyors June 24, 1994 ...-~' 9 "'J,,,,:' r'.,:. ~'~:".~ /'.!.:J. ~'....-::.!C 11.....:;,') 10 r:::-. il..~.. ..;,;....~ .1'_ ."<,,.,.,r l!'",~,,'i 13 I I l \ \. \ \ t. .~ 22 ------- /2 \ \~\. ....\.0:.:>.... . :. ,.;"2;. ------ .-.~_..- _...- \. Subj:";f;sic..~ o~ :....fJ: :6 '::':-.c ~.:;~ i::: Shown on PI~n 6853;'; cr,ci 8853 I Filed wilh Cer!. of T;;lc ;"05, ....,. cnd . . , , . , Regislry Dislricl of Nc"luc~el County Separate certificate,s of litfe may be issued for land shown .lJereo/1 as .Lof.Rf !he Court. Copy 01 part 01 pUrr:. -liIcdir:- ~A.Nr; REGlSTRA TiGN Or=,c:Cf . '" ".,:, .~:;.: .....,'.; '. - . ... : .~. .. .,. r'''II~; IT.:..\ ....Il.l.-lI~. 1\1 ,.:, \~ ~ d :z: w 5 i;: ;::: ~: <.:' ;: ?:: ~ i;: 5 Q. '" ;;: t- ; , i ,_.. j I J . , i I 8853 K N 2/ \ \n tt\ \n ~ C") -:s::. ~ C") <;" "X. I' ~ w E' fJ/(Jtl N...~ C~r.~ N.... o.I:l:.:-;J /3 I> $" ~~ ~ " ~. ...~ ... /2 '1 I Subdivision of Lot 2, 7, 17 and 20 Shown on Plan 8853 C , 8853 D , 8853 Hand 88531 Filed with Cerl. of Tille Nos. 7527, 7874, ...... and Registry District 01 Nantucket County Separate certificates oflitJe may be issued for land shown hereon as ,LQI. 22.. .. . .. , ,. ......."..,'.. By the Court. /' , ../~ ;;>;1 ' )i~"~r l/G .;::~J?..8.,/9.9~ ../".... 'jj';'~'~" ,. Recpjde~: hrm l.eE-Sol. 1m+Ui Copy ot pIn ot pl.n 885J J -tiled in- LAND REGfSTRA TION OFFICE - .u,Y 2/1, 1!1:H Scale of Uiis plan 80 (e8' to an inch Louia A. Moore, Enginuar for Court ~ .;, ~ ...... c:i ~ w ~ ,< " ;:;: ~ '-' ;: '" ... ~ '"' 7- 5 "'- en :;: >- -..:..::;::--::.-- -~-"'~ - - - - --- ---. -I \\ u c ~ . Q .. 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('f) ell I-< IZl .~ VI VI t8 ;:I ;> 00....... ;.a' ...... 00 \0 ell ]1a~~Q) ;:I _ ..q- ('f) ~ 7JJ.~.......=It;"::::: ::r: ('f) VI 00 00 u ,j ~ o ~N ~4-< o 0 ~N CI)~ VI Q) ....... Q) ~r.55 ..q-I ....... co IZl ~ ~...... 0"0 .....:l ~ 4-< Q) o 0. ~d o I ...... ('f) IZlVl 'S: 00 ...... 00 "0 on 1a ;:1_ 7JJ.~ ",,,"'U",,, ...... .."NTUC "" .... ~ ':......... k'",', ~ ()..- .......;-.'. ~~.' ....... ~ ~~... ..~1. : :. ....,,~ -0. ~ '1Il- :.-:, 4! :cn; ; .~~~.-. ;'- ....~.~ .... ., .. ' : ~~\ ... ......! ~..~". ~ . ...'!\-...,.:- ....O~;,........ ,..' ....'0..,..' -"" ORATE.~ ."", ,."....",\\ Town of Nantucket ... OFFICE OF THE TOWN CLERK Catherine Flanagan Stover, CMC, CMMC Town Clerk 16 Broad Street NANTUCKET, MASSACHUSETTS 02554-3590 (508) 228-7217 FAX (508) 325-5313 Home: (508) 228-7841 Email: twnclerk@nantucket.net AFFIDAVIT OF CONSTRUCTIVE GRANT ... The Nantucket Planning Board has failed to take action upon Plan #6764-04 within twenty-one (21) days from the date of its submission on June 9, 2004. As said Planning Board has not notified the Town Clerk of any action taken upon this plan within the subsequent twenty-one (21) day period, expiring upon June 30,2004, I hereby certify pursuant to Mass. Gen. L. ch. 41, Section 81P and Section 2.03c of the Rules and Regulations Governing the Subdivision of Land of said Planning Board that a "Constructive Grant" is issued upon my signature, and seal, on this day, July 7,2004. -~ Dated: July 7, 2004 {B0306755; I}