HomeMy WebLinkAbout066-10 Surfside Nantucket Partners
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02~t
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APPLICATION
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Fee: $300.00
File No. DLc -10
Owner's name(s):
Surfside Nantucket Partners, Limited Partnership
Mailing address:
c/o Reade, Gullicksen, Hanley & Gifford, LLP
Phone Number:
508-228-3128
E-Mail:
air@readelaw.com
Applicant's name(s):
Same
Mailing Address:
6 Young's Way, Post Office Box 2669, Nantucket, Mass. 02584
Phone Number:
E-Mail:
Locus Address:
38 Nobadeer Avenue Assessor's Map/Parcel: 88-3; portion of 88-2
Plan and Lot Reference:
Plan No. 2000-13; Plan No. 2010-32, Lot B
Tide Reference:
Zoning District
Deeds, Book 731, Page 189, and Book 1241, Page 183
Residential-20
Uses on Lot- Commercial?: No If yes, describe
Residential: Number of dwellings on lot Number of dwelling units Two
Duplex? Accessory Apartments?
Date of Structures: all pre-date 7/72?
If not, when built?
Building Permit Numbers:
Previous Zoning Board Application Numbers:
019-10
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
1':\Wp'f'\~\ZBA variance application 38 1Iobadaex.cIocx
State below or attach a separate addendum of specific special permits or variance relief applying for:
To the extent necessary, the applicant requests relief by
Variance from the minimum lot area requirement of 20,000
square feet in the Residential-20 zoning district. The locus
contains 16,000 square feet in lot area, and was granted a
Special Per.mit for the annexation of a parcel containing 1,000
square feet to the original lot of 15,000 square feet under
the Board of Appeals decision in File No. 019-10. The
Building Commissioner and Zoning Enforcement Officer have
taken the position that the locus has merged with the adjacent
property at 6 Clifford Street, a confor.ming lot, by virtue of
having been in common record ownership between January 15,
2010 and April 25, 2010. See attached addendum for a
statement of facts.
I certify that the information contained herein is substantially complete and true to the
best of my knowledge, under the pains and penalties of perjury.
SIGNATURE:
By:
Surfside Nantucket Partners, Limited Partnership
M-(-~L.
Arthuf I. Reade, Jr., Attorney
Owner*
}..rrlieftfltl Attorney I AgeM*
OFFICE USE ONLY
Application received on:_1 _I _ By:_ Complete:_ Need Copies:_
Filed with Town Clerk:_1 _I _ Planning Board:_1 _I _ Building Dept.:~ ~ _ By:_
Fee deposited with Town Treasurer:_1 _I _ By:_ Waiver requested:_
Granted:-.I_I _ Hearing notice posted with Town ClerIc_I _I _ Mailed:_1 -.1_
I&M_/ _/ _ &_/ _/ _ Hearing(s) held on:_/ _/ _ Opened on :-.1-.1_
Continued to:_/ _/ _ Withdrawn:_1 _I _ Decision Due By:_1 _I _
Made:_1 _I _ Filed w ITown Clerk:_1 _/ _ Mailed:_/ -.1_
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
r:\'Ifp'1'\'1'ownaencl\UA var1~ application 38 HobadMlr.dQcx
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Town of Nantucket
OCT 1 9 2010
Zoning Board of Armeals
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N/,r~~l'L;Gi<~"r, ~.~;li
LIST OF PARTIES IN INTEREST IN THE MA TIER OF THE PETITION OF:
PROPERTY OWNER. ....$..uB~...!J.4Judd:..:?~...~
clo Reade, GUllicksen, Hanley & Gifford, LLP
MAILING ADDRESS. ..~..X9H~9..I.~.. ~~Y.f..~~R~.1.;1~~~~.~..~~...~~~,?~ .....
PROPERTY LOCATION..... .....~,. .~. .~~...I!~.~....
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ASSESSOR MAPIP ARCEL......~ ~.. ~.. ~~:-:~...!;. ~(.~...
SUBMITTED BY..~~~?~.~. .~';1.~~~~~.~~~f...~~~~~X. .~..<?~~~?~~... .......
SEE ATTACHED PAGES
I certify that the foregoing is a list of all persons who are owners of abutting
property, owners of land directly opposite on any public or private street or way;
and abutters of the abutters and all other land Owners within 300 feet of the
property line of owner's property, as they appear on tbe most recent applicable tax
list (M.G.L. c. 40A, Section 11 and Zoning Code Chapter 40A, Section 139-29B
(2).
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DATE .
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Ass SOR'S OFFICE
TOWN OF NANTUCKET
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Carmine & Sheila Giardini
53 North Beach Rd
Hobe Sound, FL 33455
Charles F. Colley
& Melissa A. Kniskern
PO Box 245
Nantucket, MA 02554
Kathleen J. Shea
926 Highland Ave
Pelham Manor, NY 10803
James & Elizabeth Digney, Trs
Digney Realty Trust
20 Poplar Plain Rd
Westport, CT 06880
Norman A. Levenson, Trustee
Surfside Investment Realty Tr
896 Beacon Street
Boston, MA 02215
Glenn & Judith R. Stewart
3736 Potomac Avenue
Dallas, TX 75205
Thomas B. Quigley, Jr.
24 Sunswept Drive
New Fairfield, CT 06812-4608
Alpine C. Bird, etal Trs
2 River Drive
Annapolis, MD 21403
Etiquettes fal:i1es a peter
Utillsez Ie gabarit AVERvfJ 51604ll
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- for Easy Peel Feature!
~AVERV@5160@ 1
6 Clifford Street LLC
60 State Street
Boston, MA 02109
Michael A. & Mary E. Torrisi
38 High St
Andover, MA 01810
John J. & Nancy J. Shugrue
PO Box 1811
Nantucket, MA 02554
Richard FeodoroftTrst
54 Longmeadow Rd
Taunton, MA 02780
73 Lovers Lane LLC
5400 Trent Street
Chevy Chase, MD 20815
Carolyn M. Palermo etal
139 S Broadway, Apt. 12
Nyack, NY 10960
Dennis G. & Diane K. Brown
203 W nnd St, Apt. 26C
New York, NY 10021
Fred & Grace Hamou
12 Langdon Grove
Carmel, NY 10512
Dennis W. Brush
15 Stetson Ave
Kentfield, CA 94904
Town of Nantucket
16 Broad St
Nantucket, MA 02554
James S. Conant
Last Known Address
Nantucket, MA 02554
Patricia R. Thomas, Trustee
3450 Church School Road
Doylstown, pA 18901
Natalie Salatich Jacobson
37 Nobadeer Ave
Nantucket, MA 02554
Bernard & Virginia Carrey
1012 Rainbow Ct
Bradenton, FL 34212
34 & 38 Nobadeer Avenue
Map 88, parcels 2 & 3
Set .l. of Two
1 page
Arthur I. Reade, Jr.
Reade, Gul/icksen, Hanley & Gifford, LLP
Post Office Box 2669
Nantucket, MA 02584
..
Sens de chargement
Consultez la feuille
d'instruction
www.avery.com
1-800-GO-AVERY
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CURRENT ZONING ClASSIFICATION:
Residential 2 (R-2)
MINIMUM LOT SIZE: 20,000 S,f,
MINIMUM FRONTAGE: 75 FT,
FRONT YARD SETBACK: 30 FT,
REAR/SIDE SETBACK: 10FT,
GROUNO COVER % : 12,5%
79-22
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CHARLES f. COllEY
MEUSSA A, KNISKERN
CERT. "7170
LC,C, 36819-A
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79-23
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NANCY J, SHUGRUE
CERT, "94'4
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79- 20
6 CUITORD STREET, LLC
DEED BK, 1228, PG, 16
PLAN BK, 2, PG, 26, SEC, 2
LOTS 14 THRU 17, BLOCK 185
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LOTS 18, 19 '" 20
BLOCK 185
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MICHAEL A, TORRISI
MARY E, McALOON
CERT, "6934
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LOT 11
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DENNIS W. BRUSH. lR.
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Site Plan to Accompany
Zoning Board of Appeals
Application
in
Nantucket, Mass.
SCALE: ,. = 20' DATE: OCTOBER 27. 2010
SURFSIDE NANTUCKET PARTNERS, L.P.
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Own"",: . , ,~ ,C<LJ"QI?J! ,~'I:~E,T, ,I,L;C, , ' , ,
Tax Map-Parcel: , , , , !ll!~3, <l< ,711:-:?O, , , , , ' , , ,
Lacu.: ~8, /fQfJIJ!E.E{/, A,YJ;N,Cl.E, d; ,6. C,U,FfQI/fJ, SJ'~EJ',
BLACKUU 4: ASSOCIATES. Inc.
Professional Land SunJeyors
20 TEASDALE CIRCLE
NANTUCKET, MASS, 02554
(508) 228-9026
GRAPHIC SCALE
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ibach-20ft.
ORIGINAL SIGNED NIl ST~ COPIES Of 1lIS PIAN IIAY BE
PHOTOCOPIED BY !HE 8ONlO Of N'P[.IlS OR !HE NNI1UCl<ET
REGlSIR\' Of DEEDS FllR RECORllIIG PUll'OSES. II CASES Of
OISCllEPANCIES RE_ N'ORIIATION COHTAIlED HEAElIH NIl
UIWJIHORIZED PH01OCOPIES Of 1lIS PIAN. ONLY ORlGIWJ.Y
STAIftD AND ENDORSED COPIES SHAlL BE ACKNOWLEDGED BY !HE
CERIFIIlG lNIO SUIM'fIlR.
THIS Il5PECTION PIAN WAS PREPARED TO N:JX:MIPN<< Nl APPUCATION TO
1HE NNl1UCKEf 8ONlO Of N'P[.IlS NIl IS NOT TO BE COIISIDEREIl A
FUll INSlRUIlENT SUNEY. 1lIS PIAN SHOUlD NOT !If USED m FSTAAlISH
PRIlPERIY UNES, FENCES. HEDGES OR Nt( NlCIJNlI' SlRUCl\JAfS ON !HE
PREIIISES, !HE PROPERlY IJIES SHOWN RELY ON aJlRENT DEEDS NlD
PlANS Of RECORD.
1lIS IlSPECllON PIAN IS NOT A CERllACATION AS m !HE lOlE OR
OWNERSHIP Of 1HE PROPERlY SHOWN. 0INEJlS Of MlJONlG I'RllPERIES
NlE SHOWN NXOROING m aJlRENT !OWN Of NNI1UCl<ET ASSE5SOR
RECORDS.
THIS PIAN SHAlL NOT BE USED FOR Nt( OJHER PUll'OSE OJHER 1IWl
lIS INlENOED USE STATIO NJ(N[.
@Blackwell '" _es Inc,
Zoning Board of Appeals
FILE NO,
OATE:_
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B7349
Town of Nantucket Web GIS - Printable Map
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Town of Nantucket Web GIS
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Prop ID
Address
Owner
883
38 NOBADEER AV
SURFSIDE NANTUCKET
PARTNERS LP
63 ALFRED DROWNE
ROAD
BARRINGTON, RI 2806
12/28/2001
$0
00731/0189
0.34 acres
Sale Date
Sale Price
Book/Page
Lot Size
7
7919
6
7920
-----
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38
883
882
34
35
'8849
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NOT A LEGAL DOCUMENT
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For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator,
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Disclaimer The information displayed on this or
any other map produced by The Town of
Nantucket is for reference purposes only, The
Town of Nantucket does not guarantee the
accuracy of the data, Users are responsible for
determining the sUitability for individual needs.
All information is from the Town of Nantucket
Geographic Information System (GIS) database,
Town of Nantucket, Massachusetts
Map Composed
10/27/2010
Copyright 2005 Town of Nantucket, MA, All rights reserved. Developed by AppGeo
http://host.appgeo.com/nantucketma/PrintableMap.aspx?Preserve=Width&Map Width=43... 10/27/2010
ADDENDUM TO APPLICATIONS
APPEAL BY 6 CLIFFORD STREET, LLC
VARIANCE APPLICATION BY SURFS IDE NANTUCKET PARTNERS, L. P .
The
foregoing
Appeals.
following
matters
is
as
a Statement of Facts relating to
submitted to the Nantucket Board
the
of
Reference is made to a Site
Inc., dated October 26, 2010,
Plan"). The site plan depicts:
Plan by Blackwell & Associates,
submitted herewith (the "Site
(a) Land owned by 6 Clifford Street, LLC (the "LLC"),
shown on plan recorded with Nantucket Deeds in Plan Book 2, Page
26, Block 185, as Lots 14 through 17, designated as Assessor's
Parcel 79-20, containing 20,000 square feet (the "6 Clifford
Lot") .
(b) Land
Limited Partnership
follows:
owned by
(the "LP"),
Surfside Nantucket Partners,
consisting of two parcels, as
(i) Land shown on plan recorded with Nantucket
Deeds as Plan 2000-13, previously shown on plan recorded Plan
Book 2, Page 26, Block 185, as Lots 18, 19 and 20, designated as
Assessor's Parcel 88-3, containing 15,000 square feet (the
"Original 38 Nobadeer Parcel"); and
(ii) Land shown on plan recorded with Nantucket
Deeds as Plan 2010-32, being a portion of the land designated as
Assessor's Parcel 88-2, containing 1,000 square feet (the "38
Nobadeer Yard Sale Parcel") .
(The "Original 38 Nobadeer Parcel" and the "38 Nobadeer Yard
Sale Parcel" are together referred to as the "38 Nobadeer Lot").
1. Charles Townsend and Alison Townsend purchased the
Original 38 Nobadeer Parcel, which was improved with two
dwellings, for consideration of $1,150,000.00, by deed recorded
with Nantucket Deeds on September 15, 2000, in Book 670, Page
221. (All references herein to the recording of deeds are to
the Nantucket Registry of Deeds.)
2. Charles Townsend and
Original 38 Nobadeer Parcel, as
Alison Townsend conveyed the
improved with two dwellings, to
1
F: \WpT\ Townsend\Addendum. docx
the' LP by deed recorded on December 28, 2001, in Book 731, Page
189.
3. In 2009, the Town of Nantucket offered the 6 Clifford
Lot, a vacant lot, for sale by a Request for Proposals, with a
minimum price of $775,000.00. The Request for Proposals
contained no requirement that the 6 Clifford Lot be merged with
~ny abutting land, and this was confirmed by the Town officials
conducting the sale to Charles Townsend, a principal of both the
LLC and the LP.
4. On November 12, 2009, the LP submitted a proposal to
the Town for the purchase of the 6 Clifford Lot for the price of
$801,000.00. This proposal was accepted by the Town.
5. The LP purchased the 6 Clifford Lot from the Town for
consideration of $801,000.00 by deed recorded on January 15,
2010, in Book 1216, Page 176.
6. It was at all times the intention of the LP and its
principals to use the 6 Clifford Lot as a building lot, separate
from the Original 38 Nobadeer Parcel, and the Town officials
conducting the sale were well aware of this intended use.
7. The LP conveyed the 6 Clifford Lot to the LLC by deed
recorded on April 25, 2010, in Book 1228, Page 16.
8. In 2010, the Town offered a vacant lot of which the 38
Nobadeer Yard Sale Parcel is a portion for sale by a Request for
Proposals, which contained a preference for an abutting
landowner as purchaser and a requirement that the successful
bidder merge the purchased lot with the previously-owned lot.
The LP and another abutting landowner submitted a bid jointly
for the purchase of the lot, with the lot to be divided and with
the LP to purchase the 38 Nobadeer Yard Sale Parcel for the bid
price of $10,000.00. This proposal was accepted by the Town.
9. Because the 38 Nobadeer Yard Sale Parcel was adjacent
to the Original 38 Nobadeer Parcel, and the combined area of
those parcels would be 16,000 square feet, less than the minimum
20,000 square feet of area required in the Residential-20 zoning
district, the LP applied to the Board of Appeals for a Special
Permit for relief under Nantucket Zoning By-law ~139-33.A(8), to
alter the boundaries of a pre-existing, nonconforming lot
without making it fully conforming. The Board of Appeals
granted this relief in its decision in File No. 019-10, filed
with the Town Clerk on June 11, 2010; a copy of this decision is
2
F: \WpT\Townsend\Addendum.docx
recorded in Book 1237, Page 26.
that:
The decision expressly provided
So long as the Merged Lot shall be and
remain as a single lot with no further
change in its boundaries, it shall have the
status of a pre-existing, nonconforming lot
of record and shall be deemed to be a valid
lot for all purposes under the Zoning By-
law.
10. Pursuant thereto, the LP
Yard Sale Parcel from the Town for
by deed recorded on August 20, 2010,
purchased the 38 Nobadeer
consideration of $10,000.00,
in Book 1241, Page 183.
11. On August 10, 2010, upon application by the LLC, the
Building Department duly issued Building Permits Nos. 645-10 and
646-10 to the LLC, for the construction of a primary and
secondary dwelling on the 6 Clifford Lot.
12. On September 27, 2010, the Zoning Enforcement Officer
sent a letter to the LLC and the LP, purporting to rescind
zoning approval for the Building Permits, incorrectly asserting
that lithe subject lots merged to create one 36,000 square foot
lot on January 15, 2010".
13. On September 28, 2010, the Building Commissioner sent
a letter to the LP, ordering the return of the Building Permits
on the basis of the purported rescission of zoning approval.
This notice purported to provide for any appeal to be taken to
the State Building Code Appeals Board; however, because the
matter at issue relates to zoning, exclusive jurisdiction over
this appeal rests with the Nantucket Board of Appeals under the
provisions of M.G.L., c. 40A.
14. The LLC is aggrieved by the actions of the Zoning
Enforcement Officer and the Building Commissioner, and appeals
therefrom to the Board of Appeals. The LP requests relief by
Variance from the minimum lot area requirement under the Zoning
By-law in the event that these actions are sustained; in the
event that the appeal is allowed and it is determined that no
lot merger has taken place, no relief will be required by the
LP.
3
F: \WpT\Townsend\Addendum. docx
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;~oKU6'70r~n 221
Ot1JTCLAIM DEED
I, ANN MA~A W ASlSERMAN, of Post Office Box ~, Nantucket. ~
Massachusetts 02S54. lcir consideration paid and in full consideration of ONE MlUJON
ONE HUNDRED FJF1Y THOUSAND and 00/100Afl,15O.ooo.oo) DOLLARs, grant 10
OiARLFS TOWNsEND and ALISON TOWN5EN~th a mailing addras 0163 AIfftd
Drowne Road, Barrington, Rhode Island 02806, with QUITCLAIM COVENANTS,. .
That certain parcel of land, with buildings and improvements enxted thereon,
IIituated in the Town and County 01 Nantucket, Commonwealth of Mass.1chusetts, now '
known and numbered .. 38 Nobadecr Road, bounded and described as follows:
NORniERLY
by land now or formerly of the Town of Nantucket one
hundred (10IUIO) feet;
by Cifford Stn:et one hundred fifty (150.00) feet;
by Nobadcer Avenue one hundred (100.00) feet; and
by land now or formerly of the Town of Nantudcet and
Eugene and Sandra Palchanis one hundred fifty
(150.00) feet.
EASTERLY
SOlTfHERLY
WESTERLY
Said land is shown on plan entidcd "Plan of Land Nantucket. Mass. ".prepared 101' Ann
Marcia Wasserman,. dated August 31, 2000 and recorded in Plan FiI~_ at the
Nantucket Registry of Deeds and is also shown as Lots 18, 19 and 20 in Block 185, on
Plan recorded in Book of Plans ~ page 60 at the Nantucket Registry 01 Deeds.
For title, see Deed recorded in Book 248 Page 135 at the Nantucket Registry ol Deeds.
WITNESS my I\lUld and... this a$'" day of September, 2000.
~"-'
Marda WMMman
- ~
~T~
CEff!/fIcAlf IN<<
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Sl'ATEOF MASSAaiUSBTI'S
September I ~ 2OllO
Namadciet, ..
. Then peaonIIly appelNd the above-named Ann Marcia W.-nrIaI\ ....
~~--_....~~
. . Notary Public .t(
My Conunission Expires; 3 # " # ~./
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AIIMI: ,.. :f ~- RISII* 0/ DoedI
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End 01
Illllrument
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HAHTUCt<ET _
REG DEEDS 16
NANTUCKET
o.a...r\~~
09/1511X1 U 101A11 01
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C4l!iIl .:5244.00
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BOOK 731 PAGE0189
QUITCLAIM DEED
We, CHARLES TOWNSEND AND ALISON TOWNSEND of Barrington, Rhode
Island (the "Grantor"), for consideration of One Dollar ($1.00) grant to SURFSIDE
NANTUCKET PARTNERS, L.P., a Rhode Island limited partnership, with an address of63
Alfred Drowne Road, Barrington, Rhode Island 02806 (the "Grantee"), with QUITCLAIM
COVENANTS, all of our right, title and interest in the following:
That certain parcel of land, with buildings and improvements erected thereon, situated in
the Town and County of Nantucket, Commonwealth of Massachusetts, now known and
numbered as 38 Nobadeer Road, bounded and described as follows:
NORTHERLY
by
land now or formerly of the Town of Nantucket one
hundred (100.00) feet;
EASTERLY
by
Clifford Street one hundred fifty (150.00) feet;
SOUTHERLY
by
by
Nobadeer Avenue one hundred (100.00) feet; and
WESTERLY
land now or formerly of the Town of Nantucket and
Eugene and Sandra Palchanis one hundred fifty (150.00)
feet.
Said land is shown on plan entitled "Plan of Land Nantucket, Mass." prepared for Ann Marcia
Wasserman, dated August 31,2000 and recorded in Plat File Cabinet B Glide 340 at the
Nantucket Registry of Deeds and is also shown as Lots 18, 19 and 20 in Block 185, on Plan
recorded in Book of Plans 2, page 60 at the Nantucket Registry of Deeds.
For our title, see Deed recorded in Book 670 Page 221 atthe Nantucket Registry of Deeds.
[Signatures Appear on Next Page]
.JJL
BOOK 731 PAGE0190
IN WITNESS WHE~OF, Ch3!les TRWl!8end and Alison Townsend have hereunto
signed these presents this "4. day of ~, 2001. ".. f\
.c:.. c... <~
Charles Townsend
~ Tiun~J
Alison Townsend
STATEOF ek~..:~- :c~(~
COUNTY OF r~~,"
In ~~~c..-4C...., , in said County and State on this '2. ( day of .De.c'~~ ,
2001, then personally appeared the before named Charles Townsend to me known and known by
me to be the party who executed the foregoing instrument, and he acknowledged the same to be
his free act and deed. Before me.
&.. J-.- V-I . LG.1-.l-.~
Notary Public
My Commission Expires:
STATE OF
COUNTY OF
In ~ ' in said County and State on this~ay of ~
2001, then personally appeared the before named Alison Townsend to me known and known by
me to be the party who executed the foregoing instmment, and she acknowledged the same to be
her free act and deed. Before me.
AfIRW I.IDI.EfIIERI. ..., NIl ..
StItt fll!IIlII.... .. ,.... filii' "W
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Notary Public. ~:C'
My Commission Expires: ~.~ L1
"
Property Address:
38 Nobadeer Road
Nantucket, MA 02554
J '\Jf~Nr~.<~.::..
Grantee's Address:
63 Alfred Drowne Road
Barrington, RI 02806
Nantucket County Received & Entered
Date:DEC 2 R ZOOl Time: /:!.1:).RIYJ
AatMt: ~-;t- r..u..., Regis&er of Deeds
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PRY _ 4783061GBYERL Y
End of
__1 n~;tr1!rnenf
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IIIIIUIII
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Doc: DO 01/16/2010 10:17 AM
OUITCLAIM DEED
6 Clifford Street
Nantucket, Massachusetts
The TOWN OF NANTUCKET, a Massachusetts municipal corporation having a
principal place of business at 16 Broad Street, Nantucket, Massachusetts (the "Town"), acting by
and through its Board of Selectmen (the "Board"), in consideration of Eight Hundred One
Thousand and 00/100 Dollars ($801,000.00), hereby grants to SURFSIDE NANTUCKET
PARTNERS"LIMITED PARTNERSHIP, a Rhode Island limited partnership, with a mailing
address of 63 Alfred Drowne Road, Barrington, Rhode Island 02806. with quitclaim covenants,
that certain vacant land known as Town of Nantucket Assessor Map 79, Parcel 20 and shown on
the Surfside plans recorded at the Nantucket County Registry of Deeds ("Registry") in Plan
Book 2, Page 26 (the ''Plan'') as Section 2, Block 185, Lots 14-17, beginning at a point on the
westerly side of Clifford Street 150 feet northerly from the northwest comer of Nobadeer
Avenue and Clifford Street, and running northwesterly through the centerline between Lots 16
and 17. 100 feet, thence northeasterly through the centerline of Block 185. 200 feet, thence
southeasterly through the centerline between Lots 13 and 14. 100 feet, thence southwesterly
along the westerly line ofClifIord Street, 200 feet to the point of beginning.
Said lots contain a total of approximately 20,000 square feet according to the Plan.
Said grant is made subject to the rights of others entitled to use Clifford Street as a right
of way for all purposes for which ways are commonly used in Nantucket and restrictions of
record, if any.
Where the Town is a municipal corporation of the Commonwealth of Massachusetts, no
documentary stamps are required pursuant to G.L. c. 64D, ~ 1.
The conveyance hereby made has been completed in full compliance with the
requirements of Massachusetts General Laws chapter 44, section 63A.
This conveyance of the Property is made pursuant to the authority of the vote adopted by
the Town of Nantucket on Article 90 at the Town of Nantucket 2009 Annual Town Meeting. a
Town Clerk certified copy of which is attached hereto and filed herewith as Exhibit A.
Bk: 01216 Pg: 177
For grantor's title, see the deed dated March 10, 1885 and recorded at the Registry in
Book 69, Page 536, the collector's deed dated January 19, 1899 and recorded at the Registry in
Book 81, Page 535, Chapter 334 of the Acts of 1990 and the Affidavit dated November 22, 1993
and recorded at the Registry in Book 430, Page 337.
EXECUTED under seal as of this ~ day of Januaty, 2010.
TOWN OF NANTUCKET,
BY ITS BOARD OF SELECTMEN
Rick Atherton
Commonwe~th of Massachusetts
Nantucket County, ss
On this --13 day of January, 2010, before me, the und~gned notary public, personally
appeared Michael Kopko, lilRM J. Chad...:...k, Allen B. Reinhard, Patricia Roggeveen and Rick
Atherton, as members of the Board of Selectmen of the Town of Nantucket, proved to me
through satisfactory evidence of identification, which were D photographic identification with
signature issued by federal or state govermnental agency, 0 oath or affirmation of a credible
witness, Iiilpersonal knowledge of the Wldersigned, to be the persons whose names are sign~._
on the preceding or attached documen~ and acknowledged to me that they signed it ~~aIiJ;y. .'." . . c
~:::oo purpose as lbe free act and deed of ani of Sel ~,..r; '- _
No Public . .' , '.. . -'\' . .,
My commission expires: :r~~. ~~\. ._,-:' _/",~" ,"'
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Bk: 01216 Pg: 178
Exhibit A
Town Clerk Certified Copy of Article 90
Adopted at the Town of Nantucket 2009 Annual Town Meeting
.A
///
Return to:
Patricia A. Halsted, Esq.
FOlD" North Warer Street
Nantucket, Massachusetts 02554
3
Bk: 01216 Pg: 179
Town of Nantucket
...........
OFFICE OF THE
TOWN & COUNTY
CLERK
16 Broad Street
NANTUCKET,MASSACHUSETTS02~3S~
CatberlH FlaIUlp. Stover, MMC, CMMC
Tow_ & C-." Oerl
(!88) 128-7116
FAX (581) n5-53LJ
BOIRe: (HI) ZZl-7841
E..U: aIIwerIlila8.IIIdIet--.aov
1oW~.~"e""". .fIIfI
WEBSITE: .ttD:lIwww...llbldId-III......,
...........
April 27, 2009
TO WHOM IT MAY CONCERN:
I, Catherine Flanagan Stover, duly elected Clerk of the Town and County of Nantucket. hereby
certify that the April 6, 2009 ANNUAL TOWN MEETING adopted Article 90: "Real Estate
Conveyance: Clifford Street II at the April 7, 2009 adjourned session when ...the adoption of
all articles not heretofore acted upon as recommended by the Finance Committee, or as
recommended by the Planning Board was duly motioned and seconded.
VOTE: The vote on the motion pursuant to Article 90 as moved by the Finance
Committee. was bv Unanimous Voice Vote. The motion was adoDted.
Catherine Flanagan Stover, MMC. CMMC
Town and County Clerk
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Page 1 of 2
Bk: 01216 Pg: 180
ARTICLE 90
(Real Estate Conveyance: Clifford Street)
To see if the Town will vote to authorize the Board of Selectmen to convey, selt, or
otherwise dispose of Town property located off Clifford Street and described in the Town
Assessor's records as Map 79, Parcel 20, or any portions thereof or interests therein, subject to
Massachusetts G.L. c. 30B, or to take any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to
convey, sell, or otherwise dispose of Town property located off Clifford Street and described in
the Town Assessor's records as Map 79, Parcel 20, or any portions thereof or interests therein,
subject to Massachusetts G.L. c. 3OB.
BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance
Committee Motion.
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Bk: 01228 Pg: 16
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Bk: 1228 Pg: 18 PIge: 1 of 3
000: DO 0412312010 11:36 AM
Surfs ide Nantucket Partners, Limited Partnership, a Rhode Island
Limited Partnership, with a mailing address of 63 Alfred Drowne
Road, Barrington, Rhode Island 02806, for consideration paid,
grants to 6 Clifford Street, LLC, a Massachusetts Limited
Liability Company, with a mailing address of c/o Lourie &
Cutler, P.C., 60 State Street, Boston, Massachusetts 02109, with
QUITCLAIM COVENANTS,
That certain parcel of land, located in Nantucket, Nantucket
County, Massachusetts, now known and numbered as 6 Clifford
Street, bounded and described as follows:
Lots 14-17 in Block 185, Section 2 in Plan Book 2,
Page 26 at Nantucket Deeds, beginning at a point on
the westerly side of Clifford Street 150 feet
northerly from the northwest corner of Nobadeer Avenue
and Clifford Street, and running northwesterly through
the centerline between Lots 16 and 17, 100 feet,
thence northeasterly through the centerline of Block
185, 200 feet, thence southeasterly through the
centerline between Lots 13 and 14, 100 feet, thence
southwesterly along the westerly line of Clifford
Street, 200 feet to the point of beginning.
Said land is subject to the following matters:
(a) Real estate taxes for fiscal year 2010.
For title, see Deed recorded with Nantucket Deeds in Book
1216, Page 176.
Bk: 01228 Pg: 17
Executed and sealed on ~ I~
, 2010.
Surfside Nantucket Partners,
Limited Partnership
BY:~L ~.
Charles C. Townsend
~.s.
STATE OF
{llLodh J..olti/1.lL
ItftlL I"L-, 2010
~
On this IL/-Ih day of , 2010, before me, the
undersigned notary p blic, personally appeared,
~ ~~ General Partner of Surfside Nantucket
Partners, Limited Partnership (a) ,/ personally known to
me, or (b) ____ proved to me through satisfactory evidence
of identification, which was (type of
identification), to be the person whose name is signed on
the preceding or attached document, and acknowledged to me
that he/she signed it voluntarily on behalf of Surfside
Nantucket Partners, Limited Partnership, for its stated
purpose.
fficial signa ure and seal of Notary Public
Printed name: 1<1,!?~rJy A. fete~
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Executed and signed on April 14, 2010.
Surfside Nantucket Partners,
Limited Partnership
BY:
~/L~~
Alison K. Townsend
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Doc: SP 07/0812010 11:08 AM
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TOWN OF NANTUCKET
cO.
BOARD OF APPEALS :"~;:i': "Q
NANTUCKET, MASSACHUSETTS oiS54 ~
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Date:
June 4, 2010
Ifo: pazUe. :I.Il XDtere.t: aDd Other. CODaeJ:DecI 1d.th the Deai.i.OD o~
fte BOUD OW .a>>BaI.S :I.Il the Appli.oation of the ~ollowiD9:
Application 80: 019-10
Owner/Applicant: 8'OU8mB ....~CN5'1 PARTIIDS,
LDII'IBD PARDBRSBXP
BDolo.eci i. the D-n.ion cd the BQAlU) 01' UPBALS wb1.ch baa thi.
day beeD filed with the office o~ the lIaDtucket: 'Iown Clerk.
AD Appeal fraa thi. DeaJ..ion may be taken pur.U8Dt: to Section 17
of Chapter COA, Ka..aah11..t:t:. Gelleral Law..
by aotion appea1iDg the Deoi.Si.OD ..st be brought: by fi.ling a
cc.rplai.Dt: in LaDe! COUrt: w:LthiD ft..~! (20) day. a!'~ thi. day'.
date. Rotice of the aat.ioll with a copy of the cc.plaiDt: aDcl
oeztif:i.ec:l copy of the Decision aust be given to the "own Clerk so
as 1:0 be reoeived wit:hin such ~"....n (2 ) days.
00 : Town CJ.erk
PlaDlliDg Board
Bullcli.Dg C~.. s.iooez/ZoDing BDfor~t: Officer
pt.-wB 1fmB: 1tOS'l' SI'BCIAL PBlQIIlfS AlID VARIABCBS RAW A '.rx. LIla.,
DO 1fXLL BDDIl XI' ROr ACHD U1'OJJ ACCOaDDfG TO ..~ "DIG
BY-LAW SBCrICBI 131-30 (sncu.x. :nma:.,S); 1&C'I10I1 131-32
(VAI'tXARCBS). All!' gtmS.,IORS, pr.wa. CALL 'tBB ....~~ zmrDG BOaBD
01' ~s OwrICI ~ 508-228-7215.
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JltAn:a.V\;N5-:1: ZCIIDlG BOABD 0., APnALS
2 raiqrOUDCla Road
Ban't1laket., .....acb1l_t.u 02554
Assessor's Map 88, Parcel 3
38 Nobadeer Avenue
Residential-20
Plan No. 00-13
Deed, Book 731, Page 189
DBCISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Thursday, April 8, 2010, at 1:00 P.M., at 2
Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following decision on the application of SURFS IDE NANTUCKET
PARTNERS, LIMITED PARTNERSHIP, a Rhode Island Partnership, c/o
Patricia A. Halsted, Attorney Four North Water Street, Nantucket,
Massachusetts 02554, File No. 019-10:
2. The applicant requests a Special Permit under Nantucket
Zoning By-law S 139-33.A(8), in order to alter the boundaries of
its pre-existing, nOl'1conforming lot of record, containing about
15,000 square feet in a zoning district in which minimum lot area
is 20,000 square feet, by adding a parcel containing about 1,000
square feet, to be acquired from the Town of Nantucket under the
"yard sale" program, being a portion of the land shown as
Assessor's Parcel 88-2, shown as Lot B upon the Site Plan by
'Blackwell & Associates, Inc., dated February 19, 2010, a copy of
which is attached hereto as Exhibit A (the -Exhibit A Plan"), to
be merged with the locus to constitute a valid lot with lot area
of 16,000 square feet, conforming with all other dimensional
requirements of the Zoning By-law. The locus is situated at 38
Nobadeer Avenue, Assessor's Parcel 88-3, is shown upon a plan
recorded with Nantucket Deeds as Plan No. 00-13, and is situated
in the Residential-20 zoning district.
3. 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
1
Bk: 01237 Pg: 28
,..
were presented. There was DO support nor opposition presented at
the public hearing-
4 _ Based upon the presentation by the applicant's
representative, the applicant proposes to acquire a portion of
the adjacent lot which has been offered by the Town of Nantucket
through the .yard sale" program, to be I18rqed with its pre-
existing, undersized lot of record, thus making the aerqed lot
leS8 nonconforminq with the ainiaum lot area requirement, while
creating no new zoning nonconformities. The applicant's neighbor
proposes to acquire the remainder of the adjacent lot from the
Town, likewise Making his lot less nonconfo~ngl the applicant
and its neighbor presented their applications together. Under
Zoning By-law S 139-16.A, no lot may be changed in its boundaries
without complying with the dimensional requirements of the Zoning
By-law; however, under 5 139-33.A(B), special permit relief may
be granted to change the boundaries of a pre-existing,
nonconforming lot without increasing any nonconformity nor
creatinq any new nonconformity, upon a finding by the Board of
Appeals, as special permit qranting authority, that the change
will not be detrimental to the neighborhood.
5 _ Upon the facts as presented, the Board of Appeals, by
unanimous vote, made the finding that, subject to the condition
set forth below, the change in boundaries of the locus by adding
the adjacent land shown as Lot 8 upon the Exhibit A Plan to be
merged with the locus as a single lot (the -Merged Lot.) for all
purposes under the Zoning By-law would not be more detriaenta1 to
the neighborhood than the existing nonconformity of the locu8 in
lot area, and in fact would constitute a benefit to the
neigbborhood by inoreasing the size or the applioant's lot; and,
by the same unaniacus vote, granted the requested relief by
Special PeXlnit under Zoning By-law S 139-33.A(8), to authorize
the change in boundaries of the applicant's lot by adding Lot B
to the pre-existing locus as a single Merged Lot, subject to the
condition set forth below.
6. The relief granted is subject to the condition that the
Merged Lot shall henceforth be held as a single lot for all
purposes under the Zoning By-law and for building purposes, and
that if any portion of the Merged Lot shall be conveyed into
separate ownership from any other portion of the Merged Lot,
without further relief from the Board of Appeals, the relief
granted by Special Permit hereunder shall te~inate and shall be
of no further force nor ,effect. So long as the Merged Lot shall
be and remain as a single lot with no further change in its
boundaries, it shall have the status of a pre-exiatinq,
nonconforming lot of record and shall be deemed to be a valid lot
for all purposes under the Zoning By-law.
2
Bk: 01237 Pg: 29
~
I Mark' Poor
Dated:
Jwuu
, 2010
COMMONWEALm OFMASSACHUSE'ITS
Nantucket. IS. June J.L.., 20 I 0
On this ~ day of June 20~ before me, the uncIersigned NoIIry Public. penoaaIly ~
,~ ~ f 0 who is penoaaIly knownto _,ad who is the pcrIOII whole
11IJIIO is siped on the pncediDg or IUaclacd doamteot. and who acknowledged to me that heIsbe sipecl it voluntlrily
, for its stilted purpose.
~
My commission expua:).-(UtA ~~ ~;,
(}tf::...
. ..:vs HAVE ELAPSED Af1'fJt
1 CEllllFY THAT 10 Dn mE OffiCE Of tHE
1lIE DttlSlON ~~ ~O APPEAL liAS BEEM
'TOWN CLERK. TO~~UC1I AI. LAWS 4QA. SECDOM 11
flLED,PUlSUANT ~.-
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OUITCLAIM DEED
Lot B on PIan No. 2010-32
34 Nobadeer Avenue,
Nantucket, Massachusetts
The TOWN OF NANTUCKET, a Massachusetts municipal corporation having a
principal place ofbusiness at 16 Broad Street, Nantucket, Massachusetts (the "Town"), acting by
and through its Board of Selectmen (the "Board"), in consideration of Ten Thousand and 00/100
Dollars ($10.000.00). hereby grants to SURFSIDE NANTUCKET PARTNERS, LIMITED
PARTNERSHIP, a Rhode Island Limited PartDenlDp, of 63 Alfred Drowne Road,
Barrington, Rhode Island 02806 (the "Grantee"). with quitclaim covenants, that certain land
shown as Lot B (the "Property") on that certain pIan entitled "Plan of Land in Nantucket, Mass.,
Prepared for SurfSide Nantucket Partners, L.P.. &. Cros Parantoux Trust", dated May 10, 2000,
prepared by Blackwell &. Associates, Inc. and filed with the Nantucket County Registry of Deeds
("Registry") as PIan No. 2010-32 (the "Plan"), subject to the following restrictions.
The Town's conveyance of the Property is based in part on the Grantee's wammty and
representation to the Town that such Property shall be used. for residential purposes only and
shall, for all intents and purposes, be combined with and considered as one parcel with the
abutting property now held by the Grantee under deed recorded with Nantucket Deeds in Book
731 Page 189, known as 38 Nobadeer Avenue, Nantucket, Massachusetts and shown upon plan
recorded with Nantucket Deeds as Plan No. 00-13 (collectively with the Property, the
"Combined Premises"), and that no part of the Property or Combined Premises shall hereafter be
used for non-residential pmposes nor divided, subdivided or conveyed as a separate parcel or
parcels. Accordingly, the parcels hereby granted to the Grantee are conveyed subject to
permanent restrictions reserved to held by the Town, forever restricting the Property and
Combined Premises to residential use, prohibiting the division or subdivision of any portion of
the Combined Premises, and prohibiting the conveyance or use of any portion of the Combined
Premises apart from another portion of the Combined Premises. These restrictions shall run with
the title to the Combined Premises, and no part of the Combined Premises shall be hereafter
used, conveyed, divided or subdivided in a manner inconsistent with these restrictions unless the
Board, in addition to any other permission required by law, grants to the Grantee or to all
Grantee's successors, heirs and assigns, such Board's prior written release for such use,
conveyance, division or subdivision and the Nantucket County Registry of Deeds accepts such
release for filing.
-,
Bk: 01241 Pg: 184
By accepting and recording this Quitclaim Deed, Grantee expressly agrees to the Town's
reservation of, and otherwise grants to the Town, such restrictions on the Combined Premises
and Glantee further agrees for Grantee and Grantee's successors, heirs and assigns that if for any
reason such restrictions on the use of the Combined Premises shall be deemed subject to
sunsetting provisions, terminAted. void or voidable, or other principles requiring duration less
than perpetual, then the grantee and his successors, heirs and assigns shall undertake all
reason:mly necessary measures to ensure that the Combined Premises remain used in a manner
consistent with the terms of and intent of this instnunent.
Whereas the Town is a municipal corporation of the Commonwealth of Massachusetts,
no documentary stamps are required pursuant to G.L. c. 640, ~ 1.
The conveyance hereby made has been completed in full compliance with the
requirc,ments of Massachusetts General Laws chapter 44, section 63A.
This conveyance of the Property is made pursuant to the authority of Article 85 adopted
at the Town of Nantucket 2009 Annual Town Meeting, a Town Clerk certified copy of which is
attached hereto and filed herewith as Exhibit A.
For grantor's title, see instrument of taking for unpaid real estate taxes recorded at the
Nantucket County Registry of Deeds in Book. 81, Page 426.
EXEClITEDundersealasofthis_l ~ dayo~tl0.
GRAl\TEE:
TOWN OF NANTUCKET
BY ITS BOARD OF SELECTMEN:
<....c
-
Charles C. TownseIid, General Partner
Surfside Nantucket Partners,
Limited Partnership
~.
Mi"l~
Brian J. Chadwick
~k~~
Alison K. Townsend, General Partner
Surfside Nantucket Partners,
Limited Partnership
4~~ d. b),V~
~ting R. Willauer
M-~ -c
~Q~~J
Rick Atherton
2
Bk: 01241 Pg: 185
Commonwealth of Massachusetts
Nantucket County, 85.
On this 12th day of July, 2010, before me, the undersigned notary public, personally appeared
Charles C. Townsend, proved to me through satisfactory evidence of identification, which was
o photographic identification with si~ issued by federal or state govemmenta1 agency, 0
oath or aftinnation of a credible witness, ~ personal knowledge of the undersigned, to be the
person whose name is signed on the precedirlg or attached document, and acknowledged to me
that he signed it voluntarily for its stated purpose as hislher free act and deed..
~L~~.lIA(;:/d
Notary Public
My commission expires:
fJ PAlRIClAA. HALSTED
Notary Public
__1II...artl~..L r ..
My CommiI8IOn Expkw
Commonwealth of Massachusetts Feltrwary 1,2013
Nantucket County, ss
On 1hi& J.i.-- day H: ' 2010, befure _ the undenigued D01ary public,
personally apPeared li! , Brian J. Chadwick, Whiting R. Willauer, Patricia
Roggeveen and Rick Atherton, as members of the Board ofSelecbnen of the Town of Nantucket,
proved to me through satisfactory evidence of identification, which were 0 photographic
identification with signature issued by federal or state governmental agency, 0 oath or
affirmation of a credible witness, Iil.personal knowledge of the undersigned, to be the persons
whose names are signed on the precMing or attached document, and acknowledged to me tiUit
they signed it voluntarily for its stated purpose as the t and deed of the f
of the Town of Nantucket.
3
Bk: 01241 Pg: 186
ExlnOit A
Town Clerk Certified Copy of Article 85
Adopted at the Town of Nantucket 2009 Annual Town Meeting
4
Bk: 01241 Pg: 187
Q
Town of Nantucket
...........
OFFICE 011' THE
TOWN & COUNTY
CLERK
16 ..... Street
NANTUCKET, MASSACHUSElTS I2554-J5M
~...... "--........ MMC. CMMC
T_ .. c..., Oetto
(_IDI-nlt
PAX (III) UJ.GU
B_ .... 121-7141
....... "'''I . L. -
......a..- r~~~-'-
WJ:II8lTI,: 'Pn~ ............-. -
...........
April 27, 2009
TO WHOM IT MAY CONCERN:
I, Catherine Flanagan Stover, duty elected Clerk of the Town and County of t8ltucket, hereby
certify th8t the ApItIe, 2008 ANNUAL TOWN MEETING adopted Af:UcIe 81: -ReaI~
Con~ance: K ........ Ave." . the AprIl 7, 2009 adjourned I8IIIon when ...... adoption
of 811 ertIcIes not helMofore acted upon .. recommended by the FInance Convnittee, or as
recommended by the PlannIng Board was duly motioned end seconded.
VOTE: lb. voq, on the ~ DUlSllllnt to ArtIcle.. _ moved bv the ~",nce
eomm..... ... bv Uanlmous '(Glee Vota. The rnotIot' ... ~.
,',
Article 86. Page 1 of 2
. '.; . \...
Bk: 01241 Pg: 188
, .
ARTICLE 85
(Real EI18t8 Conveyance: 34 Nob8deer Avem.ae)
To see if the Town wi. vote to authorize the Board of SeIBcbn8n to convey. seI. or
otherwise dispose of Town property Ioc8ted at 34 Nobedeer Avenue and describec:I in the Town
Alle8sor's records 88 Map 88, Pan:eI 2, or any portions thereof Or Int8I'8StS thel'8in. subject to
Mas88chu8etIs G.l. c. 308. or to take any other action related 1hereto.
(8D8rd of SB/fIG1mBn)
fJ~ COMMITTEE MOtlQN; Moved _the Board of J;e1edmen wl;lw8by alllhorlz8d to. on.""'{"" ..." Fen: Bold
carrvev.... or oIlerwiIe c118Da8e of Town DrqpertY iocatBd. 34 Nobedeer Avenue and
delIaIbIId In the Tawn As....ar'. nqwdI_ Mao 88. Parcel 2. or anv DCKtIons thereof or
....... ---.,. .~ 10 Mal.achuselbl G.L. Co 3OB. auM-"""'" under the
~Yard~. DRMnm on" In the ~ QfttJe ~ o(Se"~,
.... ._.. ...... ......................__...... .......n_nn...... .....nn..n.... n.""" _ __ _ __ _ ___._. ..,..,. ....__ ,h.. __. _.'...__ _......'. _ _,.-., { ........A.lL Fen: Bold
BOARD OF SELECTMEN COMMENT: The Boerd of Seledmen supports the Finance
CommIIee Madorl.
2
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
December 17, 2010
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No:
066-10
Owner/Applicant:
SURFSIDE NANTUCKET PARTNERS, L.P.
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 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 t the Town Clerk so
as to be received within such TWENTY (20
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 508-228-7215.
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 88, Parcel 3
and a portion of Parcel 2
38 Nobadeer Avenue
Residential-2
Plan No. 2000-13; and
Plan No. 2010-32, Lot B
Deeds, Book 731, Page 189, and
Book 1241, Page 183
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Thursday, December 9, 2010, at 1:00 P.M., at 2
Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following decision on the application of SURFSIDE NANTUCKET
PARTNERS, L. P., c/o Reade, Gullicksen, Hanley & Gifford, LLP,
Post Office Box 2669, Nantucket, Massachusetts 02584, File No.
066-10:
2. The applicant is requesting relief by Variance pursuant
to Nantucket Zoning By-law 5139-32, to the extent necessary,
from the intensity regulations as to lot size in By-law 5138-16.
The locus contains 16,000 square feet, and is situated in a
Residential-2 zoning district in which the minimum lot area is
20,000 square feet. The Building Commissioner and the Zoning
Enforcement Officer have taken the position that the locus has
merged with adjacent land known as 6 Clifford Street. The locus
is situated at 38 Nobadeer Avenue, is shown upon Nantucket
Assessor's Map 88 as Parcel 3 and a portion of Parcel 2,
consists of (a) the land shown on plan recorded as Plan No.
2000-13, and (b) the land shown as Lot B on plan recorded as
Plan No. 2010-32, and is situated in a Residential-2 zoning
district. (All references herein to the recording of documents
and plans relate to the Nantucket Registry of Deeds.)
3. Our decision is based upon the application and
accompanying materials, and representations and testimony
received at our public hearing. The Planning Director provided
a letter recommending the granting of relief. Two neighboring
property owners sent letters of support; another abutter spoke
at the public hearing and did not obj ect to the granting of
relief. The only opposition was a statement of a representative
of the Nantucket Land Council at the public hearing, expressing
concern about the precedential effect of variance relief in a
case of lot merger.
1
4. Attached to this decision as Exhibit A is a Site Plan by
Blackwell & Associates, Inc., dated October 26, 2010 (the "Site
Plan") which depicts the locus and certain adj acent land, as
follows:
(a) The locus, consisting of two parcels owned by the
applicant, as follows:
(i) Land shown on plan recorded as Plan No.
2000-13, previously shown as Lots 18, 19 and 20, Block 185, on
plan recorded in Plan Book 2, Page 26, designated as Assessor's
Parcel 88-3, containing 15,000 square feet, with structures
thereon consisting of a primary dwelling, a secondary dwelling,
and a garage (the "Original 38 Nobadeer Parcel"); and
(ii) Land shown on plan recorded as Plan No.
2010-32, being a portion of the land designated as Assessor's
Parcel 88-2, containing 1,000 square feet (the "38 Nobadeer Yard
Sale Parcel").
(The Original 38 Nobadeer Parcel and the 38 Nobadeer Yard Sale
Parcel are hereinafter together referred to as the "38 Nobadeer
Lot". The 38 Nobadeer Lot does not comply with the minimum lot
area requirement of 20,000 square feet in the Residential-2
zoning district.)
(b) Land now owned by 6 Clifford Street, LLC (the
"LLC"), shown as Lots 14 through 17, Block 185, on plan recorded
in Plan Book 2, Page 26, designated as Assessor's Parcel 79-20,
containing 20,000 square feet, and thus complying with the
minimum lot area requirement of 20,000 square feet in the
Residential-2 zoning district (the "6 Clifford Lot") .
5. Charles Townsend and Alison Townsend purchased the
Original Nobadeer Parcel, as improved with two dwellings, by
deed recorded on September 15, 2000 in Book 670, Page 221, for
consideration of $1,150,000.00. They conveyed the Original
Nobadeer Parcel, as so improved, to the applicant by deed
recorded on December 28, 2001, in Book 731, Page 189.
6. The 6 Clifford Lot is a vacant lot, title to which had
been acquired by the Town of Nantucket through tax title
proceedings. In 2009, the Town offered the 6 Clifford Lot for
sale by a Request for Proposals, with a stated minimum bid price
of $775,000.00. The Request for Proposals document contained a
form of purchase and sale agreement which the successful bidder
would be obliged to execute. Even though no preference for
2
abutters was stated, this agreement form contained language
requiring the purchaser to combine and merge the offered
property with adjacent land as a single building lot. The Town
then sent a memorandum to prospective bidders, informing them
that they would indeed not be required to merge the offered
property with adj acent land; Charles Townsend, a principal in
the applicant, confirmed in a telephone conversation with a
representative of the Town that no merger of lots would be
required as a condition of the bid. The applicant then
proceeded to submit a bid on November 12, 2009, in the amount of
$801,000.00. This bid was accepted by the Town. The applicant
purchased the 6 Clifford Lot by deed recorded on January 15,
2010, in Book 1216, Page 176. The applicant represents that it
was always its understanding and intention that the 6 Clifford
Lot would be used as a building lot, separate from the Original
38 Nobadeer Parcel, and that the Town officials conducting the
sale were well aware of this intended use.
7. The applicant conveyed the 6 Clifford Lot to the LLC, an
entity owned by the children of Charles and Alison Townsend, by
deed recorded on April 25, 2010, in Book 1228, Page 16.
8. On August 10, 2010, upon application by the LLC, the
Nantucket Building Department issued Building Permits Nos. 645-
10 and 646-10 (the "Building Permits") for the construction of a
primary dwelling and a secondary dwelling on the 6 Clifford Lot.
9. In 2010, the Town offered a vacant lot, of which the 38
Nobadeer Yard Sale Parcel is a portion, for sale by a Request
for Proposals, which contained a preference for abutting land
owners and which stated a requirement that the successful bidder
merge the purchased lot with the adjacent lot owner by the
bidder. The applicant and another abutting landowner jointly
submitted a bid for the purchase of this lot, with the lot to be
divided and with the 38 Nobadeer Yard Sale Parcel to be
purchased by the applicant for the price of $10,000.00, and the
remainder of the lot to be purchased by the other abutter. This
proposal was accepted by the Town.
10. Because the 38 Nobadeer Yard Sale Parcel was adjacent to
the Original 38 Nobadeer Parcel, and the combined area of these
parcels would be 16,000 square feet, less than the minimum lot
area of 20,000 square feet in this zoning district, the
applicant applied to the Board of Appeals for a Special Permit
under By-law ~139-33.A(8), to approve the alteration of
boundaries of a pre-existing, nonconforming lot without making
it fully conforming. The Board of Appeals granted this relief
3
in its decision in File No. 019-10, filed with the Town Clerk on
June 11, 2010; a copy of this decision was recorded in Book
1237, Page 26. This decision expressly provided that:
So long as the Merged Lot shall be and
remain as a single lot with no further
change in its boundaries, it shall have the
status of a pre-existing, nonconforming lot
of record and shall be deemed to be a valid
lot for all purposes under the Zoning By-
law.
11. Pursuant to this relief, the applicant purchased the 38
Nobadeer Yard Sale Parcel for consideration of $10,000.00, by
deed recorded on August 20, 2010, in Book 1241, Page 183.
12. On September 27, 2010, the Zoning Enforcement Officer
sent a letter to the LLC and the applicant, purporting to
rescind zoning approval for the Building Permits, asserting that
"the subject lots merged to create one 36,000 square foot lot on
January 15, 2010".
13. On September 28, 2010, the Building Commissioner sent a
letter to the applicant, ordering the return of the Building
Permits on the basis of the purported rescission of zoning
approval. This letter purported to provide for any appeal to be
taken to the State Building Code Appeals Board; however, because
the matter at issue relates to zoning, the Board of Appeals has
exclusive jurisdiction over any appeal, pursuant to the
provisions of M.G.L., c. 40A.
14. The LLC has appealed from the revocation of the Building
Permits by the Building Commissioner on the basis of the action
of the Zoning Enforcement Officer, on the basis that the 6
Clifford Lot is a fully-conforming lot, complying with the
minimum lot area and frontage requirements, and is not dependent
upon merger with the 38 Nobadeer Lot for zoning compliance. The
applicant has applied for a variance from the minimum lot area
requirement in order to validate the 38 Nobadeer Lot as a valid
separate building lot, not merged with the 6 Clifford Lot.
15. The applicant contends that language in the decision in
Board of Appeals File No. 019-10, as quoted in Paragraph 10 of
this decision, which was entered after the applicant's
acquisition of the 6 Clifford Lot and the applicant's transfer
of the 6 Clifford Lot to the LLP, has the effect of validating
the 38 Nobadeer Lot as a separate building lot. The letter from
4
the Planning Director supports this contention. At the public
the Zoning Enforcement Officer questioned whether this
contained in the granting of a special permit not
addressing the applicant's period of ownership of the 6
Lot, was adequate to eliminate the issue of possible
In order to avoid this uncertainty, the applicant
that the Board of Appeals address the issue by acting
application for variance relief.
hearing,
language,
directly
Clifford
merger.
suggested
upon this
16. The Board of Appeals noted the unusual circumstances and
equities in the present situation. The Town of Nantucket
advertised the 6 Clifford Lot for sale, and solicited bids, with
a minimum price which clearly reflected its value as a separate
building lot; the applicant's bid in fact exceeded that minimum
bid. There would be no question of its validity as a building
lot if it had been purchased by anyone other than an abutter.
The 38 Nobadeer Lot was not altered nor affected in any way in
order to make the 6 Clifford Lot buildable, thus distinguishing
the facts here from those in many other cases affecting the lot
merger and infectious nonconformity issues. In fact, the 38
Nobadeer Lot was already improved with a primary and secondary
dwelling. Moreover, the Town of Nantucket, when specifically
asked by another prospective bidder whether it would be required
to merge the 6 Clifford Lot with its adj acent property if it
were the successful bidder, informed that bidder that it would
not, and notified all bidders that this was the case. This was
confirmed orally to a principal of the applicant before the
applicant's bid was submitted. The Planning Director confirmed
in his letter to the Board of Appeals that it was the Town's
clear intent that the 6 Clifford Lot be sold as a separate
buildable lot.
17. Under these peculiar conditions, and without addressing
the question of whether lot merger occurs if the owner if an
already-improved lot acquires an adj acent fully-conforming lot
and proposes to build on that lot without relying upon any land
within the already-improved lot, the Board of Appeals made the
finding that, based upon the improvements and conditions upon
the 38 Nobadeer Lot and the equities involved here as to the
Town's marketing of the 6 Clifford Lot as a building lot,
desirable relief to validate the 38 Nobadeer Lot could be
granted without derogating from the purpose and intent of the
Zoning By-law, and that the applicant would suffer a severe
financial hardship if the 38 Nobadeer Lot were not deemed to
constitute a valid building lot separate from the 6 Clifford
Lot. Accordingly, by unanimous vote of the five sitting
members, the Board of Appeals voted to grant relief by Variance
5
from the minimum lot area requirement under By-law ~139-16.A to
confirm the validity of the 38 Nobadeer Lot as a building lot
separate from the 6 Clifford Lot.
SIGNATURE PAGE TO FOLLOW
6
Dated: Jg-;:J~
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COMMONWEALTH OF MASSACHUSETTS
J I. ~JI
Nantucket, ss. a.i1.l/! ,~
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Ke On this ~ day o~,~, before me, the undersigned Notary Public, personally appeared
rLl'l1 ~-:,e4. fllC , who is personally known to me, and who is the person whose
name is signed on the preceding or attached document, and who acknowledged to me that he/she signed it
voluntarily for its stated purpose.
~~
Notary Public: Vent'~'>A K. Hoi)r{"
My commission expires: MUL.h ~,d~r3
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CURRENT ZONING CLASSIFICATION,
Residential 2 (R-2)
MINIMUM LOT SIZE' 20,000 S,F,
MINIMUM FRONTAGE, 75 FT,
FRONT YARD SETBACK, 30 FT,
REAR/SIDE SETBACK, 10FT,
GROUND COVER l'; , 12,5l';
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79-22
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CHARLES F, COLLEY
MEliSSA A, KNISKERN
CERT #17170
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MICHAEL A, TORRISI
MARY E, McALOON
CERT, #16934
LC,C, 17745-A
LOT 11
88-1
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DENNIS W. BRUSH, TR.
ANNE K. BRUSH. TR.
DEED BK. 675. PC. 20
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Site Plan to Accompany
Zoning Board of Appeals
Application
in
Nantucket, Mass,
SCALE: 1'= 20' DATE: OCTOBER 27, 2010
SURFS/DE NANTUCKET PARTNERS. L.P.
ct
Owners: , , ,q ,C,LJ"QIW J~T,~E,T, ,I,I,C,
Tox Mop-Porcel, !l~-:3, ol< ,7!3:-:?O,
Locu", ~8, l!o,B~E,EfI ,A,Y~H,U,E, d; ,6, C,L1,Ffo,RP, S,T~E,T,
BLACKTrEU ct ASSOCIATES. Inc.
Professumal Land. Surveyors
20 TEASDALE CIRCLE
NANTUCKET, MASS, 0,2554
(508) 228-90,26
GRAPHIC SCALE
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(IK......)
1 lneh - 20 IL
ORIGINAL SIGHED AND Sl_ED COPIES Of THIS Pl>>I MAY BE
PHOTOCOPIED BY THE IlOo\RD Of N'PEALS OR THE NANTUCKET
REGISIRY Of DEEDS FOR RECORDING PURPOSES, II CASES Of
DISCREPANCIES REGARIlING N"ORIlAllON CONTAINED HEREON AND
UtwllHOR/ZED PHOTOCOPIES Of THIS Pl>>I. ONlY ORIGINALLY
STAIWED AND ENDORSED COPIES SHALL BE N::KHOWlEDC[I) BY THE
CERTIfYING L>>IO SUR\IEYOR.
THIS INSPECTION Pl>>I WAS PREPARED TO 1>l;CCIAPNlt AN APPUCAllON TO
THE NANTUCKET OOIRD Of N'PEALS AND IS NOT TO BE CONSIOERED A
FULL INStRUIIENT SURVEY, THIS Pl>>I SHOUlD NOT BE USED TO f51A1lUSH
PROPERtY UNES, fENCES, HEDGES OR Nlt ANCIllARY STRUC1IJRES ON THE
PREMISES, THE PROPERTY UNES SHOWN RaY ON CURRENT DEEDS AND
PlANS Of RECORD,
THIS INSPECTION Pl>>I IS NOT A CERlIFlCAllON ~ TO THE nnr OR
OWNERSHIP Of THE PROPERtY SHOWN, OWNERS Of ADJOINING PROPERTIES
ARE SHOWN ACCORDING TO CURRENT TOWN Of NANTUCKET ASSESSOR
RECORDS,
THIS Pl>>I SHALL NOT BE USED FOR Nlt OTHER PURPOSE OTHER THAN
/IS INTENDED USE SlATED />WNE,
@B1ackwell & Associates Inc,
Zoning Board of Appeals
FILE NO,
DATE:_
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B7349