HomeMy WebLinkAbout064-11 Kenneth C. Coffin Inc.Print Form
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TOWN OF NANTUCKET
• • • , OF APPEALS
NANTUCKET, ♦ 02554
APPLICATION
Fee: $300.00 File No.
Owner's name(s):Kenneth C. Coffin Inc.
Mailing address: Post Office Box 90,,,' Siasconset, MA' 02564
Phone Number:5 0 8 - 3 2 5 - 5 9 11 E -Mail:
Applicant's name(s):same
Mailing Address:
Phone Number: E -Mail:
Locus Address: Rear Plainfield Assessor's Map /Parcel:4932 /2
Land Court Plan /Plan Book & Page /Plan File No.:N /A
Deed Reference /Certificate of Tide: 261/171 Zoning DistrictR2
Uses on Lot- Commercial: NoneX Yes (describe)
Residential: Number of dwellings 0 Duplex Apartments
Date of Structure(s): all pre -date 7/72 N/A or
Building Permit Numbers: N/A
Previous Zoning Board Application Numbers:N /A
2 Fairgrounds Road Nantucket Massachusetts 02554
508 - 228 -7215 telephone 508 - 228 -7298 facsimile
State below or attach a separate addendum of specific special permits or variance relief applying for:
See attached Addendum
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: Owner*
SIGNATURE: � .� ;.' 14 ! Applicant /Attorney /Agent*
*If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency.
OFFICE USE ONLY
Application received on: /_/ By: Complete: Need Copies:
Filed with Town Clerk:-7—/—Planning Board:–/–/– Building Dept.:–/–/– By:_
Fee deposited with Town Treasurer:–LL By: Waiver requested:
Granted:—/—/— Hearing notice posted with Town Clerk:_ /_ /_ Mailed:. /_ /_
I&M_/ /_' &_ /_` /_ Hearing(s) held on: /_ /_ Opened on
Continued to:' / /_,' Withdrawn:_/ / Decision Due By:
Made/—/— w /Town Clerk:_ /_ -' - -/_ Mailed:—/—/—
2 Fairgrounds Road Nantucket Massachusetts 02554
508 - 228 -7215 telephone 508 - 228 -7298 facsimile
Addendum
Applicant (Kenneth C. Coffin Inc.) is seeking relief by VARIANCE
pursuant to Nantucket Zoning By -law Section 139 -32 from the
intensity regulations set out in Section 139 -16A, to validate
the buildability of the Premises for single- family residential
purposes. The Premises has the benefit of an appurtenant
easement providing a means of access from Clifton Street.
Town of Nantucket Web GIS - Map Page
Additional Info Town of Nantucket Web GIS
8/5/2011
Page 1 of 1
parcels
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Property ID 49.3,2 2
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Location REAR'PLAINFIELD
41 57
Owner KENNETH C COFFIN INC'
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Owner Address PO BOX 90
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SIASCONSET, MA 2564
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Last Sale Date 11/12/1986
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Last Sale Price $0
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Book /Page 00261/ 171
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Lot Size 1.51 acres
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Label Parcels with parcel ID
Ortho Photos.
Default Map
Use of this facility is dependent upon acceptance and understanding of Use Conditions and
Data Caveats contained on the Home 6 Additional Information pages.
Page 1 of 1
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BOARD OF ASSESSORS
S E P -, 8 2011
TOWN OF
Town of Nantucket
NANTUCKET, MA
Zoning Board of Appeals
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
PROPERTY OWNER..,i1.iLlz �-' C GFFi ,l:' .t.. ( ..........
MAILING ADDRESS.. {.. 5j it4 Jf`'`'(�T ( .... It.IA ...... r'� `1
PROPERTY LOCATION.... e E. z- .17) .......................
ASSESSOR MAP/PARCEL......7r.:3.: ....... ..... ...............................
SUBMITTED BY ... f's� t . (Cj A ..... ...� 1 L 5. .�� ...........................
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 the most recent applicable tax
list (M.G.L. c. 40A, Section 11 and Zoning Code Chapter 40A, Section 139 -29B
(2)•
A E
SESSOR'S OF CE
TOWN OF NANTUCKET
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§ 139 -33 NANTUCKET CODE § 139 -33
and two or more structures that are reconstructed shall remain separate from
each other;
(c) All reconstructed structure(s), or portion(s) thereof, shall conform to all
applicable front, rear and side yard setback requirements; unless relief
therefrom is granted under separate provisions of this chapter; and
(d) The special permit granting authority shall have made the finding that the
result of the proposed removal and reconstruction shall not be substantially
more detrimental to the neighborhood than the existing nonconforming
structure and/or use.
B. Constructions or operations under a building permit, a site plan review, or a special
permit shall conform to any subsequent amendment of this chapter: [Amended
4 -14 -1997 ATM by Art. 49, AG approval 8 -5 -1997]
(1) Unless the use or construction is commenced within a period of not more than six
months after the issuance of the permit; and
(2) In cases involving construction, unless such construction is continued through to
completion as continuously and expeditiously as is reasonable.
C. Nonconforming uses and structures abandoned or not used for a period of three years
shall not be reestablished.
(1) Any future use or structure shall conform with the requirements of this chapter.
D. Once changed to a conforming use, no structure or use shall be permitted to revert to a '
nonconforming use; provided, however, that:
(1) An accessory building which is accessory to a residential use and has no
commercial use may be razed and reconstructed with substantially the same
configuration, ground cover, siting and use.
E. Any increase in area, frontage, width, yard or depth requirements shall not prohibit an
unimproved lot from being built upon for single- and two - family residential purposes,
provided that:
(1) The lot has:
(a) A frontage of not less than 20 feet; or
(b) The benefit of an arnurtenant easement providing a means of access for
vehicles and utilities nd from a public street; and further that
[1] Either at the ti. of recording or endorsement of such lot, whichever
occurred sooner, such lot was not held in common ownership with any
adjoining land and conformed to then - existing Zoning Bylaw
requirements, ar.' now has less than the present requirements of area or
frontage; or
139:110 11 -01 -2003
§ 139 -33 ZONING
§ 139 -33
[2] Such lot, at the effective date of each otherwise- prohibitive one of such
requirements, had the benefit of a zoning protection period under any of
Subsections F or G, I and J of this § 139 -33; was held in ownership
separate from adjoining land at all times since prior to the end of such
zoning protection period (whether or not built upon during such
protection period); conformed to zoning requirements applicable to such
lot at the commencement of such zoning protection period; and has a lot
area of at least 5,000 square feet; and
(2) For a lot within the provisions of this § 139 -33E, the maximum ground cover upon
such lot shall be: [Amended 5 -5 -1992 ATM by Art. 36, AG approval 8 -3 -1992]
(a) In the case of a lot containing less than 5,000 square feet, 30% of the area of
the lot; provided, however, that the special permit granting authority may
grant a special permit to allow ground cover not to exceed the permitted
ground cover ratio in the zoning district where such lot is situated. Said
special permit shall require a finding that such increase in permitted ground
cover shall not be substantially more detrimental to the neighborhood than
the existing nonconformity; or [Amended 4 -12 -1999 ATM by Art. 51, AG
approval 8 =10 -1999]
(b) In the case of a lot containing at least 5,000 square feet, the greater of 1,500
square feet of ground cover or the amount determined in accordance with the
maximum ground cover ratio requirement for the zoning district in which the
139:110.1
11-01 -2003
572
NANTUCKET REGISTRY OF DEEDS Vol- 3.09
I, 8ortence S. 8tollnits of New York, Hew York being unmarried, for consideration paid, grant
to Jose' S. Rezendes and Maria S. Rezendes,husband and wife as tenants by the ettirety of
Nantucket,Nantucket County Massachusetts with warranty covenants the land in Nantucket known
as "Pine Lands" containing eleven (11) eleven acres and fifty -eight and 21/100 rods, bounded
StolLsits and described as follows: Northeasterly by land fonmer1! of Richard E. Burgess; Southeasterly
by the road leading to the South Shore; Southwesterly by land of the Proprietors of the Common
and undivided Lands of the Island of Nantucket; Northwesterly by land formerly of Lydia 0.
to Bunker and Nathaniel Barney. Being the same property conveyed to me by my mother Robecca
Stollnitz by deed dated July 16, 1941 and recorded with Nantucket Deeds Book 109 page 389. Said
Heaendea land is rcel four in said deed. WITNESS
pa my hand and seal this 12th day of February 1943.
U. S. Internal Revenue Stamps Hortense S. Stollnitz (Seal)
Amount $.55 Cancelled
STATE OF NEM YORK New York es. February 12th, 1943• Then personally appeared the above named
Hortense S., Stollnitz and acknowledged the foregoing instrument to be her free act and deed,
before me Eugeniz Hebenstreit Notary Public, Queens Co. 2895, Reg. 7408, Commission Expires
March )0, 1943 (Seal)
February 16, 1943 Received and entered lim. 30m. A.M.
Attest: Register.
Jernegan
to
Coffin '
I, William F. Jernegan of Nantucket, Nantucket County, Massachusetts, being married, for
consideration paid, grant to Kenneth C. Coffin and Eleanor W. Coffin, husband and wife, as
tenants by the entirety of said Nantucket with quitclaim covenants the land in that part of
Nantucket called "Plainfield" bounded and described as followas Northerly by land of Eliza B.
King et al about four hundred fifty (450) feet; Easterly by land of Charles C. Morris about one
hundred and forty -five (145) feet; Southerly by land of Joseph Lyons and land of the grantor
(said southerly line to b-� the extension of the li -ie between the lend hereby conveyed and land
of said Lyons until it meets the land of James Coffin on the west) about four hundred fifty
(450) feet; and Westerly by land of James Coffin about one hundred forty -five (145) feet. To-
gether with a 12 foot right of way over adjoining land of mine to Clifton Avenue. For my title
see Nantucket Probate No. 2375• Referenos may be had to Book 85 page 230 for deed from Oliver
C. Folger to Horace Folger dated August 1, 1903 said land is a portion of parcel one in said
deed. Said land is shown on the Assesacrs Book of Plans on sheet marked "8conset 48. I, Johan
L. Jernegan wife of said grantor, release to said grantee all rights of dower and homestead and
other interests therein. Witness our hands. and seals this 25th day of February 1943.
William F. Jernegan (Seal)
Johanna L. Jernegan (Seal)
THE 03MNKMTH OF MASSAGMSETTS Nantucket Be. February 25, 1943. Then personally appeared
the above named William F. Jernegan and acknowledged the foreg6iU instrument to be his free
act and deed, before me Albert Fe Egan Notary Public. My Commission expires March 6, 19459
?Ebruary 26, 1943 Received and entered 2h. 30m. P.M.
Attests
` Register.
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DEED
We, JOYCE L. COFFIN, KAREN L. QUIGLEY, EDWARD R. COFFIN, and KENNETH
T. COFFIN, all of Nantucket, Nantucket County, Massachusetts, for
consideration paid, grant to KENNETH C. COFFIN, INC., ,a Massachusetts
corporation having its usual place of business at 11 New Street, Sia-
sconset, Nantucket, Nantucket County, Massachusetts, with QUITCLAIM
COVENANTS,
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,u y All our right, title, and interest in and to that part of Nantucket,
4 °w Nantucket County, Massachusetts, called Siasconset, described as fol-
e' lows:
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p U PARCEL ONE
U 1q
That certain parcel of land, with the buildings thereon now known
Q and numbered as 11 New Street, bounded and described as follows:
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x WESTERLY by land now or formerly of Albert F. Egan, two
4J0 hundred sixty -six and 05 /100 (266.05) feet;
$4 44
q NORTHERLY by land now or formerly of Mark Johnson, sixty -
�°,z three and 58/100 (63.58) feet;
a
04) EASTERLY by land now or formerly of Raymond Wiley, in two
4'°, o courses, totalling two hundred seventy and 49/100
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(270.49) feet; and
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N SOUTHERLY by New Street, sixty -two and 47/100 (62.47) feet.
v v Said land is shown on a plan by W. F. Swift, Surveyor, dated June,
.o N 1936, recorded with Nantucket Deeds in Plan Book 11, Page 10, and is
N said to contain 16,566 square feet.
$4
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NZ Being the saws premises conveyed by Byron E. Pease to Kenneth C.
0.4 Coffin and Eleanor W. Coffin, as joint tenants, by deed dated July
E4`4 28, 1938, recorded with Nantucket Deeds in Book 108, Page 492.
PARCEL TWO
That certain parcel of land situated in "Plainfield ", bounded and de-
scribed as follows:
Page 1 of 4
d °Qt fGJtp PA P 165
NORTHERLY by land now or formerly of Eliza B. King et al,
about four hundred fifty (450 +) feet;
EASTERLY by land now or formerly of Charles C. Morris,
about one hundred forty -five (145 +) feet;
SOUTHERLY by land now or formerly of Joseph Lyons and by
land now or formerly of William F. Jernegan
(said southerly line to be the extension of the
line between the land hereby conveyed and said
Lyons lazld until it meets the land now or for-
merly of James Coffin on the west) about four
hundred fifty (450 +) feet; and
WESTERLY by land now or formerly of James Coffin, about
one hundred forty -five (145 +) feet.
Together with an appurtenant right in a 12 -foot right of way over
adjoining land now or formerly of William F. Jernegan to Clifton
Avenue.
I
I Being the same premises conveyed by William F. Jernegan to Kenneth
C. Coffin and Eleanor W. Coffin, as tenants by the entirety, by deed
dated February 25, 1943, recorded with Nantucket Deeds in Book 109,
Page 572.
i
Said.land is approximately shown on Nantucket Assessor's Map 49.3.2
as Parcel 002.
PARCEL THREE
That certain parcel of land situated in 'Plainfield', bounded and de-
scribed as followsz
NORTHERLY by land now or formerly of Horace Folger Jernegan,
one hundred (100.00) feet;
EASTERLY by land now or formerly of Joseph Lyons, three
hundred (300.00) feet;
SOUTHERLY by other land now or formerly of Horace Folger
Jernegan, one hundred (100.00) feet; and
WESTERLY by land now or formerly of James Coffin, three
hundred (300.00) feet.
Said parcel is said to contain 30,000 square feet, more or less.
ecei M ew-166
Being the sane premises conveyed by Horace Folgor Jernegan to ten -
neth C. Coffin and Eleanor W. Coffin, as tenants by the entirety,
dated February 18, 1946, recorded with Nantucket Deeds in Book 111,
Page 272.
Said land is approximately shown on Nantucket Assessor's Map 49.3.2
as Parcel 019.
+ +++ ++++ + ++++++ +6111 . ++++++++++++++++
For title of the grantors to the above- described parcels, reference
is made to the following:
(a) Kenneth C. Coffin died on January 6, 19541 see Nan-
tucket Probate No. 3163.
(b) Eleanor W. Coffin (also known as Eleanore W. Coffin)
died on June 29, 1968, Nantucket Probate No. 3893, and devised the
above - described parcels to Kenneth C. Coffin, Jr.
(c) Kenneth C. Coffin, Jr. died on October 14, 1973, in-
testate (Nantucket Probate No. 4255), leaving the grantor, Joyce L.
Coffin, as his widow, and the grantors, Karen L. Quigley (formerly
Karen L. Coffin), Edward R. Coffin, and Kenneth T. Coffin, together
with David M. Coffin, as his next of kin and heirs -at -law.
This conveyance is made without monetary consideration, as a con-
firmation of the transfer of the above- described property by the gran-
tors to the grantee on July 1, 1976, as a contribution.of capital in
exchange for original -issue common stock of the grantee, which trans-
fer was never recorded.
witness our hands and seals, this day of September, 1984.
Exempt: i
SS3 4 -7 -26 o-Jrg _
Nantucket, so.
COM4ONWZXM OF MASSACHUSETTS
September 7, 1984
Then personally appeared the above -named JOYCE L. COFFIN and
acknowledged the foregoing instrument to be her free act and deed,
before me,
NANTUCKET COUNTY
Received and Entered
SEP % 1984 ! 1'. U f ur Reade, Jr., Notary Public
Attest -A
ROQletel My ssion Expires: December 20, 1985
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Kenneth C. Coffin, Inc., a Massachusetts Corporation with a
principal place of business at 16 Lindberg avenue,
Siasconset, MA. 02564
Of
County. Msxacaasett
6'09 -m wild, foro0nsid —tion paid; and in full consideration of $107,000.00
get to Karen L. Quigley a
Off C1 f on Street, Siasconset, MA 62564
of PJ•eTa>< V With loduldn
the landim Nantucket, MA., more particularly described as follows:
W—Pdon and m ealmoo... if oaf]
That certain parcel of land situated in "Plainfield ", bounded
and described as follows:
NORTHERLY: By land of the Grantor, formely that of Horace
Folger Jernegan, 100.00 feet;
EASTERLY: By land now or formerly of Joseph Lyons, 300.00 feet;
SOUTHERLY: By other land of Said Jernegan, 100.00 feet;
WESTERLY: By land now or formerly of James Coffin, 300.00 feet.
Being lot 19 on Nantucket Assessors Map, 49.3.2.
m Together with the right to use the 12 foot way to Clifton Street.
m
i 0 Grantor also grants grantee the right to use a 12 foot way
i m over Lot 2 on Assessors Map 49.3.2. to the way northerly of
said lot 2, which way leads to Burnell Street. The twelve
to foot way shall be located on the westerly most side of Lot
2 and shall run parallel to the westerly bound of said lot 2.
�i
For our title see Book 218, page 164 at seq., Nantucket
,., Registry of Deeds.
i
j O m COM N L _ (� A r
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-+ tutlsu ==2 4 3.9 $0
w 1111 o ea ntu
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oiittu>ss .. our hand and seal this ....... �`— �............ daf of ..Ci�.�c .............. 19.
N N�ItGKE� LAN{l $A�111�.• F�.. Kenneth Cl. Coffin, Inc.,
.......— �" .7o'ce �....Coifin..........
............
iY1..Pald,..$......�> �a .............................. .
President and Treasurer
as W s r Vf filx�ftx
COUNTY OF NANTUCKET
jj ILL July 15 2987
1 Then personalllappeared the above named Joyce L. Coffin, President and Treasurer
of Kenneth C. Coffin, Inc:'::"" " ~• '. - Y- !+w
and acknowledged the foregoing instrument to be ills the free act and dad, _
of Kenneth C. Coffin, Inc.;
i �!11at"U�tT4QTY ...........................J
:iGCt}IYe:•1 Vd C.taro'd TO4ef - ju«+mof
J
UL - 71987
ftlti3t ":v': �Gst J...•%1o..F.r^: -`•.:: �� .•�;,.�t` rr;4(�'' .
`.(.lndiridual — Joint %mole — Tauats to
ii .rl..lil..l�'.. ..
CHAFM 18) SEC 6 AS AMINDED BY CHAFM 497 OF 1969
AN-my deed I rweled for nand dull conwa of bne mdorwd upm it dw full aaaM; Meldmee ud peel o6in addtay at the
j an6 a udMl of dw AN&M of SIN cull coosideeulaa rbomof ie dotlan ca dw venue d dw otbee mnida,ayee tim od u ft e
` fee a 6c aaen� roll eetNideertpn earl mwe eM tow ptiC. far dw annwraaa without deduetka fu ea, uoas er
>ra:iute a eeapl, with fbls aaetioee dNr tlnt a in# d» All of my ��mmN and "deals dNu be nwedw a put of aw dwd.
k a In as comply with the ntulnmdal of ebb etch th 7 m, Msww M dtrb idl otapt a dad foe waedloa wiN
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4
A I
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: December 7, 2011
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 064 -11
Owner /Applicant: KENNETH C. COFFIN, INC.
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 to the Town Clerk so
as to be received within such TWENTY (20) days.
Edward S. Toole, Chairman
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
4 FAIRGROUNDS ROAD
Nantucket, Massachusetts 02554
Assessor's Map 49.3.2, Parcel 2 Rear Plainfield
Book 218, Page 164 and Book 261,
Page 171
`Sconset Residential - 20
npCTSION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Thursday, October 13, 2011, at 1:00 P.M., and
continued to Thursday, November 10, 2011, at 1:00 P.M., in the
Conference Room, at 4 Fairgrounds Road, Nantucket, Massachusetts,
the Zoning Board of Appeals made the following Decision on the
Application of KENNETH C. COFFIN, INC., c/o Patricia A. Halsted,
Attorney, Four North Water Street, Nantucket, Massachusetts
02554, File No. 064 -11:
2. Applicant is seeking Variance relief pursuant to
Nantucket Zoning By -law Section 139 -16 in order to validate the
subject lot as separately marketable and buildable from abutting
properties as the Lot has no legal frontage on a travelled way.
In the alternative, Applicant is seeking a denial of the request
for Variance relief to validate the lot as stated above, on the
basis that no relief is necessary due to the facts presented
below. Applicant states that the Premises is a legal vacant lot
of record, and has a lot size of approximately 1.51 acres in a
zoning district that requires a minimum lot size of 20,000 square
feet. The Premises is conforming in all other respects, except
for frontage, to the requirements of the Zoning By -law. The
Locus is situated at Rear Plainfield, is shown on Nantucket Tax
Assessor's Map 49.3.2 as Parcel 2, and is recorded at the
Nantucket County Registry of Deeds in Book 261, Page 171. The
property is zoned `Sconset Residential - 20.
3. Our decision is based upon the application and
accompanying materials, and representations and testimony
received at our public hearing. The Planning Board made a
favorable recommendation on the denial of Variance relief as no
zoning relief is necessary. Two abutters and other area
residents, through counsel, spoke in opposition to the grant of
relief or the denial of relief, arguing that there would be a
negative impact on views, intensification of use on the lot, and
desire to control the easement that afforded access to the Lot
and the abutting lot to the south of the Lot.
4. Applicant, through counsel, represented that its family
acquired the Premises in 1943, prior to the 1972 enactment of the
Nantucket Zoning By -law. The Applicant's family also acquired an
abutting lot to the south in 1946. The lots were shown as
separate abutting lots without frontage prior to the adoption of
the 1955 Subdivision Control Law.
The subject Lot is a legal lot of record. The abutting
lot to the south at 21R Clifton Street, currently owned by Karen
Quigley, a member of the Applicant's family, was held in common
ownership with the subject Lot until 1987 when the Quigley lot
was transferred to her. The fact that the lots were held in
common ownership after the enactment of the 1972 Zoning By -law is
immaterial as both lots are lots of record and neither have
frontage so a merger would not cure the nonconformity. Thus, no
Variance relief is necessary due to the fact that the lots were
held in common ownership until 1987.
The Lots are situated within an area that is substantially
already built out, with a majority of the lots to the east and
south smaller in lot size than the subject Lot. The Lots are
located in the SR -20 zoning district, which requires a minimum
lot size of 20,000 square feet. The subject Lot has a lot size of
about 1.51 acres and the abutting lot to the south has about
30,056 square feet of lot area. Thus, both the Applicant's lot
and the abutting lot are conforming in all other respects except
for frontage.
When the lots were acquired in the 1940s they had the
benefit of a recorded 12 -foot wide right -of -way that runs the
full length of the west side of the subsequently developed
Towaddy Lane subdivision from what is now known as Clifton Street
(a /k /a Clifton Avenue). When the abutting lot to the south was
conveyed to Ms. Quigley in 1987 the easement was inadvertently
left off of the transfer deed. Ms. Quigley agreed to file a
corrected easement that confirmed the grant of the access
easement along the entire westerly lot line benefiting the
subject Lot on October 4, 2011, thus allowing access from Clifton
Street to the subject Lot. There are many such situations on
Nantucket where seemingly landlocked properties are accessed by
old easements and there is no question when property owners seek
permits. Ms. Quigley was able to obtain a valid building permit
for the construction of her house subsequently without comment or
question as to the separately buildability status of her lot from
the subject Lot. Such an omission on the deed does not negate the
presence of the easement. Neither the Applicant's nor the owner
of the abutting lot's rights in the easement nor the presence of
the easement can be terminated due to a clerical error on the
deed. Thus no Variance relief is necessary to validate the lack
of frontage due to this error.
5. Therefore, based upon the foregoing facts presented,
specifically that the Premises is a lot of record, unchanged
since a time prior to 1955, is not merged with any abutting
property that would have provided frontage historically, and the
subject Lot and the abutting lot to the south are otherwise
conforming in all other respects, and that the temporary omission
of the easement on a previous deed of transfer did not erase the
easement, the Board finds that the Premises is a separately
marketable and buildable lot of record. The Board further finds
that based upon the facts presented, no Variance relief is
necessary.
6. According, the Board of Appeals, by a UNANIMOUS vote,
hereby DENIES the request for Variance relief on the basis that
no relief is necessary.
SIGNATURE PAGE TO FOLLOW
Dated: 6hMj 2011
Dale Wa ne
Michael J./ O' NyaraA
Susan McCarthy
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss. WL 2011
On this I of °"" , 2011, before me, the undersigned Notary Public, personally appeared
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 thatLi /she signed it voluntarily
for its stated purpose.
Not Public:
My commission expires: 1 Pit Lo