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Home My WebLink About097-86dY TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 SSeptember 19, 1986 Re: RONALD AND LINDA HEURLIN (097 -86) Enclosed, please find notice of a decision of the BOARD OF APPEALS which has this day been filed with the Town Clerk. Any appeal 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. William R. Sherman, Chairman BOARD OF APPEALS BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, SEPTEM- BER 5, 1986 at 1:30 p.m. in the Town and County Building, Nantucket, made the following Decision on the Application of RONALD AND LINDA HEURLIN (097 -86) of Box 1171, Nantucket, MA 02554. 1. Applicants seek a VARIANCE from the minimum lot size require- ments of SECTION 139 -16A of the Zoning By -Law intensity regulations to cure a non- conformity affecting marketability and buildability of five contiguous lots comprising the premises. The premises are located at Mayhew Road, Ton Nevers, Assessor's Parcels 92.4 -215 through 219, Lots 145 -141, respectively, Land Court Plan 5004 -D, Sheet 5, and zoned LIMITED USE GENERAL -III. 2. Our findings are based upon the Application papers including a copy of Land Court Plan 5004 -D, Sheet 5, and representations, Assessor's Map 92.4 (marked to delineate the premises) and Attorney's Affidavit dated July 11, 1985 received at our hearing. Based upon counsel's affidavit and explanations, we understand that the premises were at all times prior to upzoning - and resultant non - conformity - held in ownership separate from any adjoining land. When created and until such upzoning, the premises conformed to then existing zoning require- ments, e.g., as to area and frontage. The premises with area of approxi- mately 0.55 acres, are now substandard since a minimum of 120,000 SF is required. 3. Subsequent to the LUG -III upzoning, on April 2, 1984, Appli- cants' predecessors confirmed their title following Land Court tax title proceedings by the developer Nantucket Beach Properties ( "NBP "). By pre- arrangement of the parties NBP obtained a new Certificate of Title to the premises from the Land Court. At that moment, NBP was owner in common of the premises and abutting land, e.g., Parcels 92.4 -220 (097 -86) -2- through 224 (Lots 140 -136). romptly thereafter, NBP effected a con- firmatory transfer of title to Applicants' predecessors, $575.00 being paid to recompense.NBP for its prior payment of back taxes. 4. In LUG -III, use is limited to single- family residences. 5.No opposition was heard. The Planning Board's recommendation was favorable. Having acquired the property in March, 1985, Applicants would face severe financial hardship if the premises were not buildable. Such hardship runs with the land. 6. As we understand the applicable zoning law, Ch. 40A, Section 6, MGL, fourth paragraph, first sentence (our code Section 139 -33E), the subsequent, momentary, common ownership by NBP did not result in a "merger" for zoning purposes or otherwise deprive the premises of their protected status as grandfathered for single- family residential use, i.e., construction of a single - family residence. Carciofi v. Board of Appeals of Billerica, 22 Mass. App. Ct. 926 (1986). In the Land Use Manager, Vol. 3, Ed. 6 August 1986 published by the Commonwealth's Executive Office of Communities and Development, a six - pronged test for qualifying under this grandfathering provision is set forth, to which Applicants' situation conforms, namely (restated): 1. The premises have at least 5000 SF with 50 -foot frontage; 2. Zoned for single- family use; 3. Conformed to existing zoning when legally created; 4. Separately owned per the most recent title instrument of record prior to the effective date of the restrictive upzoning which now makes the premises substandard; 5. When conveyed after the upzoning, the premises retained separate identity, at all times being described as separate and distinct; 6. As of such upzoning date, the premises were in fact separate and not legally available for use in connection with adjoining land. (097 -86) -3- 7. We find, therefore, that the premises remain grandfathered, hence buildable, notwithstanding the momentary common ownership to rectify title. Accordingly, the relief sought may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purposes of the zoning chapter. 8. This Board, by UNANIMOUS vote, GRANTS to Applicants the re- quested VARIANCE subject to the condition that Applicants effect a legal merger of their 5 lots constituting the premises and make the same of record in the Registry of Deeds of Nantucket. Dated: September 19, 1986 Nantucket, MA 02554 r William R. Dorothy D. Dale Waine Sherman Vollans NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, SEPTEMBER 59 1986 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Applica- tion of RONALD AND LINDA HEURLIN (097 -86) seeking a VARIANCE from the minimum lot size requirements of SECITON 139 -16, Inten- sity Regulations, of the Zoning By -Law. If granted, the Appli- cants would be allowed to cure a defect in marketability created by the ownership of the under -sized locus in common momentarily with abutting property after the effective date of Zoning, which made the lot non - conforming. The premises are located on MAYHEW ROAD, TOM NEVERS and zoned RESIDENTIAL - COMMERCIAL, William R. Sherman, Chairman BOARD OF APPEALS Ab -1 FEE $100.00 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- LAW)(BUILDING CODE) on property described below: Location of Property /,Z, 1 ?/ /ell -o-D f - - -- -- Lot No. P 1 a n No. District is zoned for�(�.� i - -- ---- _ - - - -- - -- - - - - -.- Type of structure (Existing or Proposed) or proposed use: 0wrie r' s Name - -.,&A LO �� v�'�� - - - -- - - - - -- - - - - c:)w n e r ' s Address —_ -y'. /�/% D��! -- - - -- ---- - - - - -- When did you acquire this property?__ —_- Ifas application been filed at Building Department? Has any provious appeal been made? Section of By -I,aw or Code from which relief is requested: ---4 - - -- --- - - --- /� E: e a o ri for asking relief: S' aturc: f ap plicant dres o each abutting ATTACH: (1) A list of the rues se � and owner abutting the abutters. (2) A check in the amount of $100.00 made payable to the `Down of Nantucket. (3) Four copies of the application and a iiiap or plan the location of the property to be considered. (41' If the applicant is other than the o�m r le;rse ir;cic;at your authority to make this application. BOARD'S DECISION Application submitted to Board Advertising dates Hearing date (s) —_ Decision of Board _ Decision filed with the Town Clerk �Wf 11fol /,I" �/Ov �� \\ / \ ®`] I" w �411 � ` ~� ` \�� /~ \a ` : +� : Z .. 4t Name Address OFFICE OF THE BOARD OF ASSESSORS TOWN OF NANTUCKET MASSACHUSETTS IM Property Address 0':r7 D-" ago x-50 -.2 S -4 -30 3 -- 313 c' I certify the foregoing is a list of persons who are owners of land abutting the property, owners of land abutting the abutters, owners of land within 300 feet of the property, all as they ap ear on the most recent applicable TAX list. AT-Uert H. Llockle y Assessor � Town of Nantucket Date m r; kz Y. La ZIj l'e v4SS,e. ss�� I L- ai .. r 40 - , O i •Y t I e ! k j t j I j i � I { i E I i - r ;X J S I I z i {- - 7 -T I 1 s z{ I L- ai .. r 40 - , i C i ^• J t 1 { TTT ! i I f I E � I t 1 I { i ! i I E - i i :. 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