The URL can be used to link to this page

Home My WebLink About027-98t~ TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: April Z 1998 ...~., To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 027-98 - ~,_ _ .. RICHARD S. MACKAY AND ROBERT S. MACKAY Owner/Applicant: Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in 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 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 . --- . Waine ~ Chairman ' TOWN C ERKSEOFFlCE NANT~IC~~- non ~?255~ cc: Town Clerk -- -Planning Board .. -----ARR ®2 199$ ---- Building Commissioner TIME: PLEASE NOTE: MOST SPECIAL PERMITS AND VARIAIV'CE~ LIMJT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING~TO NANTUCKET ZONING 'BY-LAW §139-30I (SPECIAL PERMITS); §139-32I (VARIANCES) ANY QUESTfONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 Assessor's Map 48 116 Baxter Road Parcel 34 Land Court Plan 36509-B, Lot 2 LUG-3 Cert. of Title 10,478 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., Friday, March 13, 1998, in the Conference Room, Town Annex, 37 Washington Street, Nantucket, Massachusetts, on the Application of RICHARD S. MACKAY AND ROBERT S. MACKAY, of P.O. Box 712, Hanover, NH 03755, Board of Appeals File No. 027-98, the Board made the following Decision: 1. Applicants are seeking relief by VARIANCE pursuant to Nantucket Zoning By-Law §139-32A from the requirements of Nantucket Zoning By-Law §139-16A (Intensity Regulations - minimum lot size). Applicants are asking the Board to validate a vacant 12,200+ square-foot lot as separately marketable and buildable from all adjacent land. The Lot is non-conforming as to lot area having an area of 12,200+ square feet in a district that requires a minimum lot size of 120,000 square feet; and as to frontage having a frontage of 100+ feet along Baxter Road, in a district that requires a minimum frontage of 200 feet. The Premises is located at 116 BAXTER ROAD, SIASCONSET, Assessor's Map 48, Parcel 34, Land Court Plan 36509-B, Lot 2. The property is zoned Limited-Use-General-3. 2. The Decision is based upon the Application and materials submitted with it and the testimony and evidence submitted at the Hearing. The Planning Board made a favorable recommendation. There was one (1) letter on file opposed to the grant of relief. Two (2) affidavits were submitted providing testament from past and present owners of the Lots that .there was never any common control of said Lots at certain points in their history. 3. Applicants, through counsel, represented that the land shown as Lot 2 on Land Court Plan 36509-B, dated March 9, 1972 was owned by Edmund J. Corry and Judith M. Corry, as tenants by the entirety, from November 26, 1973 until September 26, 1976. Lot 2 was then transferred to Judith M. Corry for nominal consideration. On September 15, 1976, Edmund M. Corry acquired title to adjacent land, then vacant, shown as Lot 1 on said plan. For the period from September 15, 1976 to September 26, 1976 Edmund J. Corry had an ownership interest in both Lots 1 and 2. ' Lot 2 was acquired by Richard S. MacKay and Robert S. MacKay, as Tenants in Common on September 22, 1988 at the time that Richard S. MacKay owned Lot 1. Richard S. MacKay has since constructed a single-family dwelling on Lot 1. 4. Therefore, the Board finds that there was no merger of the two (2) Lots as cited in Nantucket Zoning By-Law §139-33E they were not held in common ownership at the time of the 1972 enactment of the Zoning By-Law nor at the time of upzoning from LUG to LUG-3 in 1973. 5. Accordingly, upon a motion made and seconded to grant relief, the Board unanimously DENIES the requested rel' the grounds tha relief is not necessary. Dated: April ~. 1998 e W. Waine (.~C_ ~ ~ Linda F. Wi~,li~ms ichael ~ 01Mara ncy Sev~'eris Timothy Madden TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 NOTICE THE MEETING TO CHECK THE TIME A SPECIFIC APPLICATION MILL BE HEARL A Public Hearing of the NANTUCKET ZONING .BOARD OF APPEALS will be held at 1:00 P.M., FRIDAY, MARCH 13, 1998, in the CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 WASHINGTON STREET, Nantucket, Massachusetts, on the Application of the following: RICHARD S. MACKAY AND ROBERT S. MACKAY BOARD OF APPEALS FILE N0. 027-98 Applicants are seeking relief by VARIANCE pursuant to Nantucket Zoning By-Law §139-32A from the requirements of Nantucket Zoning By-Law §139-16A (Intensity Regulations - minimum lot size). Applicants are asking the Board to validate a vacant 12,200+ square-foot lot as separately marketable and buildable from all adjacent land. The Lot is non-conforming as to lot area having an area of 12,200+ square feet in a district that requires a minimum lot size of 120,000 square feet; and as to frontage having a frontage of 100+ feet along Baxter Road, in a district that requires a minimum frontage of 200 feet. The Premises is located at 116 BAXTER ROAD, SIASCONSET, Assessor's Map 48, Parcel 34, Land Court Plan 36509-B, Lot 2. The property is zoned Limited-Use-General-3. RECEIVED /' ~ ~ TOWN CLERK'S OFFICE ~,J s NANTUCKET, MA 02554 Da 1 e W . Wa i ne , Chairman FEB 2 5 1998 TIME: CLERK: THlS NOTICE IS AVAILABLE IN LARGE PRINT O~R OTHER ALTERNATIVE. FORMATS. FOR _ ASSISTANCE. GALL _ ~ __. - - (.5~0`'g~`~~~$=721 ~ . .~ _ -_ . - -- - - - - - - ,a; ~~ BoA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS Date- TOFRi AND COIINTY BUILDINQ NAN~'IICRET, MA 0255d CASE No.}~;~ ~nr r•nam7AN rrnR RELIEF Richard S. Mackay and Robert S. Mackay owner's name(s): Mailing address: P.0. Box 712, Hanover, NH 03755 same Applicant's name: Mailing address: same 48 _ Location of lot: Assessor's map and parcel number ,_ 116 Baxter Road, Nantucket, MA 02554 34 ------ ~~Cx&X7~{~~]Xa`G~K~ 365_ 09-8 - Uot 2 Registry Land Ct Plan, pert. 'lit}~ 35h g LUG-3 Date lot acquired: ~~ 88 Deed Ref _,°_ Zonin district MCD? no Uses on lot -.commercial:'None - or - number of: dwellings 0 duplex 0 apartments 0 rental rooms, N/A C of O?,_, Building date(s): all pre-S/72? or Building Permit appl'n. Nos. N/A Case Nos. all BoA applications, lawsuits: none State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose compared er Section and what grounds you urge for BoA to make each finding p 139-32A X if Variance, 139-3oA if a Suse)allfeappealaper113933~A if to alter or extend a naricon~orming & B attach decision or order appealed. OK to attach addendum . See Addendum "A" Jnnexed hereto. Items enclosed as part of this Application: orderl X addendum2~_ Locus map x Site plan x showing present +plan-ne structures ''- HDC as roved?_). Floor plans present proposed- elevations ( ~p Listings lot area ~nn~rontage setbacks- GCR parking data_ Assessor-certified addressee I~St 4 sets~_ ma~l nl g labecovenants~ 51200 fee payable to Town of Nantucket X proof 'cap' (If an appeal, ask To~~n Clerk to sen3-Bldg Comr s record to BoA.T I certify that the requested information submitted is substantially complete and true to the best f my knowledge, under the pains and penalties of ju Y• i~ SIGNATURE: l Applicant .- Attorney/agent X 3(If not owner or owner's attorney, enclose proof of authority) FOR~Bo~ OFFICE USE Application copies reed: 4_// or_ for oA on~,~~~bY~-/ Z b comple e? ~/ one copy filed with Town Clerk on ~Y~iL- //'~~~ lannin Bd and Building Dept~~~~bY~~a--- one copy each to P g /7 SD b~~ ived'_ / $200 fee check given Town Treasurer on~~_ t' ,, dr,/ Hearing notice posted~~ ~y mailed_~y~-1 ~I & M~~p ~ ~~ Hearing(s) on_/~_. cont''~ to~~_, .~.~._.-._ withdrawn?,_/_/_ Y~.._/_ made__,/~_ f iled TC_,/~,._ mailed,~~_ Decision due b lawsuits other See relsted cases ADDENDUM Board of Appeals, Richard S~ Mackay and Robert S. Mackay, File No. _ -98 1~o~-a~~ ~~'-P~-~~f~~ X39-~~(~~- ~ ~ ~~-~ 1. Applicant seeks variance from the terms of § 139-33(E) "common ownership" to the extent such is applicable to the subject vacant lot (Lot 2), containing approximately 12,200 square feet with 100 feet of frontage on Baxter Road, but less than the 120,000 square feet of area for the LUG-3 zone in which it is located. 2. The subject lot was owned by Edmund J. Core and Judith Corey as tenants by the entirety from November 26, 1973 to September 26, 197~whereupon title was transferred, without consideration, into the name of Judith Corey. On September 15, 1976 Edmund J. Corey took title to the adjoining vacant lot (Lot 1); X39 /CQ~}- 3. Applicant further seeks variance from the terms of § 139-33(E) "common ownership" to the extent such is applicable to Lot 2 when, on September 22, 1988 title was transferred to Robert Macka and Richard Macka , as Tenants in Co on at a ti e when the ad'acent Lot 1 was owned by Richard Mac ay. ~~~i ~^~~ ~Q.,P~ UC~.Q( ~C~ ~~ ~ ~4~`' X29---~jcQ~ ?-~ ~ ~ ~ lG~o~.~Q cc~i~- ~c~'~ ; a.~u ~/ z~~ 4. Applicants seek this variance because in attempting to sell Lot 1, the Buyer's attorney interpreted the DiStephano case as "potentially" applicable relative to common control, and will not go forward with the purchase without a variance. 5. The subject lot is unique in its location on the landward side of Baxter Road where LUG-3 is applicable and the land steeply slopes from the road to the remainder of the lot. _1__ i F MN /U•MT110u•[ NR ~a • • , ~~ • • a p ~ , >. 1 ,a ,~ ,~ f T'` r i••w\R L! ~le~ ~1! ~(Ls ~~roro ~} p ®((,e~~ 1 V -- I rb ,fR •.•k. • t ~•fI. f~f •e. s i p o ,N ~• k' j„ .c. Ys •c ft „• ~ c: 'f ke~ ~ f• '~~ ..••c. •p o 0 0 •' o u •i N 102 p 1 ff Af ".. • ••••-~ •-f ~• ~~n <<ucl L'<~ttti ~S`'n ~tncl (_'cntnt~• c>f ®~ ~; __ a8 ^~ SCHOFIEID BROTHERS, INC. U i c+ ,.,~~ T~C7CI ~TUCI~E T ••O•Lff10N11L [IKIM(•f fiCfllfTLR[O UMD fY•Y[v0•f z ~ ~ SM[fi inDff ~ I 7 g u• i[xRSf sT., eeMrutR[•, rots. ~w ""y!TA 'I l t•ti~;ll~C'~1lttiPt,t~3~ UfiSitL('Ititti('t~t~H ;~.~.,a,., s ~. o® 7118 LI n >: n r ~ Ip r~ ~ ,r' f..~,~-.•~~ s f ~ y~ _ ~ " ";; v ,:• ~'„-+> ;gib '` ~~~---:-.1-. ~ ' p'~~ A tl q(\/\~.•~'` o u a o a es m u r ~ e~ n n n i~ ___ Tjlf ' b V T t, q h J9' i \ i~i MfD /LNN•iwol•[ ~~ f r ~, SIfBDIVISTON PLAN OF LAND TN NANTi7CKET Schofield Brothers, Tnc., Surveyors March 9, 1972 /v '1 .l~ J/.~... ~_ \ ~ ~ ~. f~' `' ~ \ tires` ~ I I N ~ i ~y h W W o ' , ~ ~~~ /2.3 95 ~ lj ~' 0 2 a ,. - ° , "~~ o ~~i Q n ~ ` _ .t __f .r1 .. __ _. ~. Q 1 1' 3 8 ~~ v ~~ o o ~ Q /Z4 78 ~ ~,. c a '~ Wi%/.om F Ca vcness .i I Subdivision of Land j Shown on Plan 36509A Filed with Cert, of Title No. 6306 Registry District of Nantucket County ' Separate certifcate of til/e may be issued for /and shownhercrovias~o~a_G_~s~.i____________ By the Court. "----'--'- dL9Y.~ LYZZ J I---------------Re oid Ferm LCE•S-l. PSW~1~T1 365 09 B 9r _ il. ... i.... 7 Copy of part of p/an ~ fkr! in - j LAND REG/STRAY/ON OFF/CE MAY 23, /972 Sca/e of this Flan 60 feet to an inch I R.L. Woodbury, Engineer (iir Court- /~~ W V E (J y V +` BoA' Form . NANTIICRET ZONING-BOARD OF APPEALS 2-£39 ~ TOWN~'AND COIINTY BIITLDTNG !- ~ (( V~•.. NANTIICRET~ MA 02554 ~ '' ~ ~~ 6 ~ 2 N \ , ASSE380R ~ 8 LIST OF PARTIES TN INTEREST ~; c~ O '~ ~ !- h Q ~t 5L~~0~ _ Z ~ ~ O ., PROPERTY~..OWNER: ~ t C.~a.~d S . ~ a cka y a n ~ IQ ~~ocl }- S 1~V~ Q c~~ ~ ' Y . . N ~- m APPLICANT- FOR RELIEF (SAME? X ) : '~ ~ ~ 0- j ADDRESS• OF :PROPERTY: I ~ ~ ~ ~A~c~ ~ ~ ~ a,c~ * ~ r ~ ASSESSOR'S MAP - PARCEL: ~-{ g - D O 3 ~ * Y Z LIST OF PARTIES INCLUDING ADDRESSES*(OR SEE ATTACHED ): '~-- ~ 'I certify that the foregoing (or the attached ) lists all persons., natural or legal, ~•rho are owners of abutting property, owners of land directly opposite or. any public or private street or way, and abutters of the abutters and all other land owners within three hundred feet of the property line of Owner's property, as they (and their address) appear on the most recent applicable ta:: list [per M.G.L. c.40A, Section 11 and Zoning Code C~:artcr 139, Section 139-29D(2)]. Date *NOTE: Applicant Por which zoning abutting lots wh matter. List map l / 3o QS Assesso~~ Tocar o~ riantuc}:e :. ~FF~c~ (petitioner) should include -;. ~ ~~, ti:~ ~_ ~.. relief is sought, any commor.l~~-owned ich might become involved in ~.^.e zoni::__: and parcels for each abuttc~ 01/30/98 TOWN OF NANTUCKET 08: 06:59 OWNER'S MAILING ADDRESS LIST Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip P roperty Location 0048 0033 MACKAY RICHARD S PO BOX 567 0120 BAXTER RD HANOVER NH 03755 0048 0035 HERRICK HAROLD III BOX 681 0114 BAXTER RD NANTUCKET MA 02554 0048 0036 WEISSKOPF RUDOLF J & ANGELA C 4981 BATTERY LN 0112 BAXTER RD BETHESDA MD 20814 0048 0007 SHAW WILLIAM D JR & TOBcY G 194 OTTER ROCK DR C119 BAXTER RD GREENWICH CT 06830 0048 0009 SHAW TOBEY G & WILLIAM D JR 194 OTTER ROCK DR 0117 BAXTER RD GREENWICH CT 06830 0048 0010 VILLARINO FELIZARDO T 0028 ABBOTT RD 0115 BAXTER RD WELLESLEY MA 02181 0048 0011 WEISSKOPF RUDOLF J & ANGELA C 4981 BATTERY LN 0113 BAXTER RD APT 721 BETHESDA MD 20814 0048 0012 JACOBSON PAUL F 31 WEST 52ND ST - 3RD FLOOR 0109 BAXTER RD C/0 DEUTSCHE MORGAN GRENF ELL NEW YORK NY 10019 0048 0006 *NANTUCKET TOWN OF 0016 BROAD ST 0000 PLAINFI ELD NANTUCKET MA 02554 0048 OOC8 *NANTUCKET TOWN OF 0016 BROAD ST 0000 SCONSET BLUFF NANTUCKET MA 02554 0048 0048 SANKATY-JUDY TRUST 0014 COUNTRY LN 115R SANKATY RD M JUDY & E GOLDBERGER TR NORTHFIELD IL 60093 0048 0005 U 5 COAST GUARD 0122 BAXTER RD NANTUCKET MA 02554 0048 0028 SANKATY HEAD GOLF CLUB INC PO BOX 293 0125 SANKATY RD SIASCONSET MA 02564 NUMBER OF REQORDS = 13 PAGE 1 MUAS750 8.5