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Home My WebLink About004-84~d ~- ~~ '~ TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 February la, 1984 Re: Milestone Realty Trust, Enclosed please find notice of a decision of the BOARD OF APPEALS which has this day been filed with the Town Clerk. Any appeals from this action shall be made pursuant to Section 17 of Chapter 40A of the General Laws, and shall be filed within twenty(20) days after this date. • Andrew J. Leddy Jr., Chairman BOARD OF APPEALS _ .. TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 DECISION: At a meeting of the BOARD OF APPEALS held on Friday, January 27, 1983 in the Town and County Building in the matter of the application of MILESTONE REALTY TRUST ( 004-84) for a VARIANCE from the Intensity Regulations of Section 5 of the Zoning By-Law for premises located OFF MILESTONE ROAD and Zoned LIMITED USE GENERAL, Counsel for the Applicant asked permission to withdraw the Application without prejudice. Upon motion duly made and seconded, the BOARD voted UNANIMOUSLY to permit the Applicant to withdraw its Application without prejudice. Dated: Nantucket, Mass.• February 10, 1984 ~~ ~. ~ CQ~ dL~ ~.:OC~ inn ~ ~~~ .AB_~ FEE~lnn nn Case No. ~~~~"`~ APPLICATION TO THE BOARD OF APPEALS Nantucket Massachusetts To the Members of the Board of Appeals: The undersigned hereby applies for relief from the terms of the (ZONING BY-LAVV) (BUILDING CODE) on property described below: Location of Property Off Milestone Road LOt NO. 3 - 31 inclusive Plan No. 14664-C District is Zoned for LUG - III Type of structure (Existing or propebe~} or proposed use: Residential Owner's Nam! Milestone alts Test ~..~ .~..... ~+rrr~ r. ....-..-a.~.~.+~. . - - Owner's Address 37 Centre Street Nantucket Mass-~c ,isetts n?r,Sd When did you acquire this property? 19x2 Has application been filed at Building Department? No. ~~r Has any previous appeal been made? Yes Section of Bylaw or Code from which relief is requested: section y - Intensity Regulations - minimum lot size, frontage and ground cover. Reason for asking relief: i'lease see ~ ttached sheet, m~•k~d "A" MILESTONE REALTY TRUST r by their Attorney: • Signature of applicant Richa J. Glidden ATTACF3: (1) A list of the names and addresses of each abutting owner and owner abutting the abutters. ~, ~i.~-~`-' ~~ (2) Check in the amount of ~S@:~30 made payable to the Town of v_~ ~,~f,~ Nartuci:et. ~,. G~ ?~l,~'`~ (3) Map or plan showi.~g the location of the property to be considered. j: (4) If the applicant is other than the owner, please indicate yo~lr authority to make this application. ~ la, BOARD'S DECISION 3~,~~, ~, _ , __ ono _ __ _ _ Ueciaion filed with the Town Clerk Application submitted to oard / Z Advertising dates / i l Hearing date i 1 7~ Deciai f Board 1~g~ 2S, ~ TC ~Y^~~'t~' CF I~' ~ ~'7UCKF.'7' oard of ~` I~peals List of parties in interest in the matter of the petition of: ;trr.e: Milestone R Falty Trust 'c'.d rn~s: 37 Centre Street, Nantucket, Massachusetts 02554 ~`-~~LCS~cvtyC ropert~' address: Off "~~--Roams "__.__.___~_._._____. Nantucket Conservation Foundation, Inc Cliff Road Nantucket, Mass. 02554 Emily C. MacDonald 125 Walter Ave. Thornwood, N. J. 10594 Mae Anna Coleman et al c/o George Barrett 18 Fairview Avenue Middleton, R. I. 02840 C. Fink Fischer 369 Mercer Rd. Princeton, N. J. 08540 Henry Coffin, Jr. Siasconset, Mass. 02554 Richard H. Brooks et al Grove Lane Nantucket, Mass. 02554 Frank and Clara Low 33 Joan Drive Chappaqua, N. Y. 10514 Charles W. Fisher et al Orange Street Nantucket, Mass. 02554 Albert G. Brock and Amy Brock Gardner St. Nantucket, Mass. 02554 Mary Glowacki Old South Road Nantucket, Mass. 02554 Nantuc t Co abor ve c/ Goro 'tz, st al 24 F eral . B ston, ass 02110 ~ ~~~~ L. KQ M MEQ ER ~_ ~ ~, ~ r3~zv ~~w~~ Sv,~;C ~ 5~0 ~~ ~`~'~ ~oa-,~ n~1J~Ye I ~~~:..ify the foregoing is a list of persons who are owners of land abuttinr~ t'~~e :~ot~ e r ~ y and owners of land directly opposite the property on any street or way. :-i ~~=,r::,rs of land within 3?0 feet of the property, all as they appear on tht most >cent ~ I-plicable T?~X list. 9 /~_ ~ ~~ ~ ~~~~a a=te assessor --.~_ .._~. i'own of ~TCU~tucket SU??L'~?SI~:SIC'i~ YL~... CF L/.ivD III ~'l.i"`?'UC:K 'i' / ~~~ ~ct~c~!'i~:ld ?roth~rs, .Inc;. , ~;ur•v~~yors SHEET / o f 3 Uec~~m~~~r :'i~, 1g71 ~ _~~_ ..<.~_ 0 wnc~rs Un k no wh m . 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The subdivision was approved by default of the Planning Board in March of 1972, prior to the enactment of zoning in Nantucket. The developers original plan called for 104 units in these twenty-nine lots which was allowed as there was no zoning at the time of the approval. Three law suits, involy- ing the Building Inspector, the Board of Appeals and the H. D. C. all were lit- igated regarding the status of this subdivision and the buildings to be built thereon. Finally, on December 16, 1975 the Planning Board, after the Town lost the two law-suits involving the Building Inspector and the Board of Appeals, ac- cepted the applicant's covenant for improvements to the property and said covenant was recorded. The problem is that the Planning Board has lost their file on this subdivision and there is no record of what transpired between the Board and the developer at any time during this whole process; therefore, it is impossible to determine the length of exemption to be afforded this subdivision. In an effort to clarify the situation and to avoid future lawsuits, the present owners have agreed with the Planning Board to limit the development to one dwelling per lot and have made all the road improvements in accordance with the present construction specifications. The applicants request a variance from the intensity regulations of the zoning by-law until August 20, 1984 which is seven years from the date the covenant was recorded plus 612 days which is exactly one-half of the time this subdivision was in litigation. Without this decision by the Board, it is impossible to determine a definitive date for the zoning exemption because the Planning Board file is lost and nobody knows exactly what happened since March of 1972. Granting this vari- ance would enable the present owners to sell individual house lots without a cloud of uncertainty hanging over the property and certainly would not be detrimental as the lots are restricted to one dwelling per lot and the owners have imposed deed restrictions providing control over the subdivision which have been reviewed by the Planning Board. In addition, all the road improvements have been con- structed in accordance with 1983 specifications and the subdivision will result in a nice residential community in a district zoned for residential use. In addition, there would be no additional timely and expensive lawsuits and no pos- sibility of the property reverting to its approved use of 104 units. r NOTICE A Public Hearing of the BOARD OF APPEALS wil be held on FRIDAY, JANUARY 27, 1984 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of MILESTONE REALTY TRUST (004-84) seeking a VARIANCE under SECTION 5(1) ( Intensity Regulations as to minimum lot size, frontage and ground cover). If relief is granted, the Applicant will be permitted to build upon 29 lots in a subdivision. Special NOTICE should be taken by all interested parties that this Application has an extensive legal history and many complexities of fact and law requiring substantial effort to understand. The property is located OFF MILESTONE ROAD, LOTS # 3-31 INCLUSIVE, PLAN No.14664-C and is zoned LIMITED USE .. GENERAL III. BOARD OF APPEALS 1~recv ~ ~, r 7 Andrew J. Leddy Jr.,Chairman