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Home My WebLink About118-86ler TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 o ece m ber- 3 , /9-p4 Re: Occolu tt } • Q►'X�L :I"UU i¢ K. C i-I D4 010 toa- (f 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. BOARD OF APPEALS . "' -. . •" _ �. .,'d 7 r ty , . . .� .,2.•a rid— ..�. �. .. _. BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on MONDAY, NOVEMBER 3, 1986 at 1:30 p.m. in the Town and County Building, Nantucket, made the following Decision upon the Application of ALCON A. AND JULIA K. CHADWICK (118 -86) address 34 Woodside Drive, Harvard, MA 02655: 1. Applicants seek relief by VARIANCE under Zoning Code SECTION 139 -32A from the 40,000 SF minimum lot size requirements of SECTION 139 -16A to cure any non - conformity arising when two contiguous lots were transfered out of common ownership in 1974. The lots are respectively at 146 and OFF POLPIS ROAD, Assessor's Parcels 44 -11 and 27 -34.2, Lot 20 of Land Court Plan 14311 -S (Cert. 5253, Prob. 5065) and Lot 32 of Land Court Plan 14311 -X (Cert. 7703), both in the zoning district LIMITED USE GENERAL -I. 2. Our findings are based upon the Application papers and sud- division plan 14311 -X, testimony and representations received at our hearing. From these, we understand that the original 1966 subdivision by Franklin Chadwich is shown on Plan 14311 -S. Included then was Lot 22, a way, serving to connect to the Polpis Road an L- shaped way extending along and within the SE and NE bounds of Lot 18. For some two years after the mid -1972 adoption of the Zoning Code, Lot 18 was unbuilt but in common ownership with Lot 20 #(also 21) on which then owner Stewart Chadwick had his single- family dwelling. Lot 18 with 31,800 SF area met the origi- nal 5,000 SF minimum but not the 40,000 SF effective with 1973 zoning code amendment. Rather than retain a sufficient portion of Lot 18 to make up the approximate 8,200 SF deficiency, he deeded Lot 18 to Applicants jointly with their brother and sister -in -law. Those four, by 1/23/76 ANR subdivision (Plan 14311- X).divided Lot 18 into Lots 31 and 32, each exceeding 1 acre and each thus meeting the 40,000 SF minimum. Any grand - fathered status of Lot 18 was thereby relinquished. 3. As early as 1970, the law was clear that adjoining lots would . , (118 -86) -2- be treated as combined to meet increased zoning requirements, e.g., as to area, if still in common ownership when the zoning requirement became effective. Gaudet v. Building Inspector of Dracut, 358 Mass. 797 (1970). Nonetheless, we are reminded that our local bar remainded, until, a few years ago, of the view that a lot of record in the Registry, irrespective of common ownership prior to zoning, remained indefinitely grandfathered. Possibly, a confusion existed between marketability (which did continue) and buildability as a separate lot (not so). 4. Since Lot 20 already had a ChadwiclY dwelling on it, Applicants as inheritors of Lot 20, and their predecessors, were not previously confronted with a question of non - conformity arising with the 1974 trans- fer out of Lot 18 (now 31 and 32). However, Applicant Alcon A. Chadwick as current sole owner of unbuilt Lot 32 now seeks to remove any question of its buildability while curing by Variance the non - conformity of their undersized Lot 20. S. We find no basis in law or fact for considering Lot 32 unbuilda- ble for insufficient area as a result of its 1974 transfer out of common ownership with Lot 20. Lot 32 simply has more than adequate area. It also has a 20 -foot wide access to Polpis Road via the L- shaped way and Lot 22 way,ff there is any question, it concerns adequacy of frontage, 100 SF being required in this district. That issue, however, is not before us. In any event, we are asked to grant Variance relief from the minimum lot size requirement of 40,000 SF to cure of record any question as to area. 6. Lot 20 would normally have been treated for zoning purposes in 1973 -1974 as merged with Lot 18 (31 and 32) to satisfy the 40,000 SF area requirement. We are not told of any zoning freeze extending from the 1966 subdivision which would prevent this merger. However, Lot 20, while contiguous with Lot 18 (31 and 32), may not, by definition, have been "adjoining" or "adjacent ". The L- shaped way (a "street" by definition) separates use of Lot 20 (also 21) from 18 (31 and 32). Our Section 139 -2 definition of a "lot" is: -JW,_ > (118 -86) -3- de itionn-of "A parcel of land ... in single ownership and not divided by a street." (emphasis added) We are not advised of any case law which requires a merger of lots separated by a street. Compare Sturges v. Chilmark, 380 Mass. 246 (1980). Again, Applicants ask confirmation by Variance that�lot is buildable despite subminimum area. We believe the first of "Notes" to Section 139 -16A would make it buildable with up to 7% ground cover ratio. 7. We find the requirements of Section 139 -32A for the Variance relief requested are met in this case. The circumstances set forth above are deemed unique within the LUG -I district, and Applicants' hardship is manifest if Lot 32 were not buildable or Lot 20 not marketable because viewed as unbuildable. 8. The Planning Board's recommendation was favorable. Parties in interest, however, expressed concern that a secondary dwelling might be built on each of Lots 20 and 32 ( and eventually 31 as well). Applicants were unwilling voluntarily to accept a condition upon Variance relief which would bar secondary dwellings, and we consider this Board justified in imposing such condition. However, a secondary dweling can be constructed only with prior Planning Board approval after public hearing. See Section 139- 7A(2)(g). 9. Accordingly, by UNANIMOUS vote, this Board GRANTS to Applicants the requested VARIANCE for Lots 20 and 32 with respect to minimum lot size required by Section 139 -16A. Dated: 0eCem ber j, 1986 Nantucket, MA 02554 4n�rtwvl,t, `r. Andrew J. Leddy, Jr. +�-�- w�� --tee William R. Sherman Dorothy D. ollans NOTICE A Public Hearing of the BOARD OF APPEALS will be held on MONDAY, NOVEMBER 3, 1986 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of ALCON A. AND JULIA CHADWICK (118 -86) seeking a VARIANCE from the 40,000 SF minimum lot size requirement of SECTION 139 -16A to cure the non - conformity of two sub - minimum contiguous lots which were held in common ownership from 1972 to 1974. The premises are at 146 POLPIS ROAD, Assessor's Parcels 44 -11 and 27 -342, respectively Lot 20, Land Court Plan 14311 -S and Lot 329 Land Court Plan 14311 -X and zoned LIMITED USE GENERAL -1. � l �Q'LQ \�I -fib` William R. Sherman, Chairman BOARD OF APPEALS -FEE $100.00 Case No. -2p APPLICATION TO r FIE BOARD OF APPEALS Nantucket, Massachuset;: ; 7'o the Members of the Board of Appeals: The undersigned hereby applies for relief- from the terms of (ZONING BY -T,AW) (BUTLDINC CODE :) on prL%)orty :`escribed below: I.ecation of Property 146 Polpis Road, Nantucket, Massachusetts Loz No. Lot 20, L.C. Plan 14311 -S Lot 32, L.C. Plan 14311 -X DU trict is zoned for LUG -1 '!lyre of structure(Exist:.i.ng or Proposed) or proposed use: residential ` 0�-.ner's Name Alcon A. and Julia K. Chadwick Ow,ier's Address 34 Woodside Drive, Harvard, Massachusetts 02655 Wh:,n did you acquire this property? 1974, 1965 _ Flas application been filed at Building Department? No Has any previous appeal been made ?� Section of By -Law or Code from which relief is requested.- Chapter 139 -16 Reason for asking relief:The Applicants seek relief from the minimun lot size requirements of the zoning by -law to cure the merger of two non - conforming, contiguous lots which were held in common ownership from 1972 to 1974. j Signati re-, of - nplicant i c �O H . CHA,DWICK and JULIA K. CHAQWICK byy their Attorney f Kevin F . DhALFb ATTACH: (1) A list of the naives and addresses of eac a utting owner i and owner abutting the abutters, and owners within 300 feet. (2) A check in thca amount of $100.00 made payable to the TL %,in of Nantucket. (3) Four copies of the application and a map or elan showing ' the location of the property to be considered. (4) If the applicant is other than the owner, please indicate your authority to make this application. DOARD' S, DECISION Application submitted to Board TM 0 VG --- Advertising dates Hearing dates) _ Decision of Board _ Decision filed with the Town Clerk TOWN OF NANTUCKET BOARD OP APPEALS L,_ -:.t of parties in interest in the r.,atter of the petit_on or: 'Jame A(o n L t l - - -- Address �� ,VDOL� Sicio L�r, 1TlY1r.1 ✓ f , �--- -- – — Property Address Z_� I certify the foregoing is a list of persons who are owners o- 10+-S abutting the property, owners of land abutting the abutters, o4,"ncr'. of l,nd directly opposite the property on any street or way, an.4 owners of land within 300 feet of the property, all as they appe=ar on the most recent applicable TAX list. �w Assessor U, to -� Town of Nantucket i _ ........ ....... __....... ........ ........ ... .... .... .... .... .... ... ______________________________ KAYF ----...... - .... ....... ... .... ... ... --------..... ........ ........ ..... -- ....... .... -----------_- .... .... ... -..... - .... .... ... _'- .... .... --- ... ... ....... --_'_ NAATUCKET � � .... .... �� ... .... ... ��?7-031 KEllY GLENORA G[D 10 FULLING ........ .... ....... ........ ........ __....... ................ ___ .... .... ... ___ .... .... .... .... _ .... .......... ....... .... _ .............. ______ �RITH FAIRFIELD CT 0613O /�C7 z4 /�C P/� 1��1-` / .. . ` & BILLIHG ADDRESS_____________PK[�'ER�Y_0E�C__S�iE_I;FO___ yARCEL ---------------------------------- NAH[ }VORDE� /C�\A`JGF� 38O4 ALLSBDROUG�| � ASESSOR'S DATA FILE OUPDATED- 09/19/86 TUAY OL ' -�---NAME -&-BI[[ING_ADDRESn_____________ PROPER! /_DES�_�� -------------------------� 0O44-013-----STAHBAUGH-PHILLIP F & BE'/[FLY ` `17� Got P`S 9W *CHANGED 111 HERRICK RD --�--BOXFORD�--- MA 01921 iOT 7 LC PL 1O999-� 0044-027- - -NANTOC\{ET CONSERVATlON FOWD DOC �1�3 "OLFIS RD EXEMPT *CHANGED 118 CLIFF RD NANTUCKET MA .o SUDDIVISION 111,M) OF L:IM III I!i I!TUC',! •1 Josiah S. Barrett, ryirve,or To l Aui'u. ^.t 1;, 166 c 4 01 �J',gYnQ'- O 1431!( i P/ an 11031I A �. 3 71(78 �0• 2s• Q�Qb so is ' E c ., p , ,, 0 D ',. •SL . w o WAY_ /T.�. /a yY A Y a sz. S¢ N. N `Z °o b 247.96 14 4s 255.¢6 i_ / 4 s ss • 2-9, .s0 • c Zo N Ali ♦ p9 hl qe. 2TB 1�`& 1 . ad ra • �a' ,ra.. w QL c ! � �`• o� b � vl PIA 07 { 6 cord. duDdivision of Part fif Lot F7 apd Lot 10 C V m`I S'.ioum on Plans 14311 and 14311 Filed with Cort. of Title No.s 3341 :nd 4557 Registry District of Nantucket County Separate tervZxate of title mer be issued for /and S/ 10wn Aefe was1A4 .10,12,tv, Al, P34f.AA........ Copt of aAofp/an By the Court. LAND REGISTRATION OMC£ j _... .'Q.�.,4 1 , .. •,QI�,�y i. • %1eC0adrPf. /966 Scs. of nia plan fO tat r an inch C. M.AnQenon,fnginrrrl6rCowt.L � lVG�1s,10Gi // _ r SUBDIVISION PLAN OF LAND IN NANTUCKET f4 {//X Shugrue do Hart Inc., Surveyors T v O � January 23, 1976 D L. C. No. 143114 8� cs S24°J!'I / "F c.e Cerr. No. I7Jl �'t �1 n 247.95 , 17J. 14 – f __ 43,/ P `– - -- WA Y I2000 W,oe/ --ter -- . — � h C � O H 32 I LQ I • 4648 +i I I ^ � p2l. I4 /N Jg° 20 2a..w O q _ ce ✓ M� h o q 2 � 111 V � 2 c t 5 3 3 i 4 i� i Z N 27 °00.23'W. O •.o ra!/ly b .� 41,048 31 a h u E' L. C. No. /43//W ' 0 Cerl.No. 7016 K �I N py6. Og C. e. - ii° �— 12 p�..w e h 3® ' L. C. No. 145I 10 1 C4rLNO. 4761 L.C. No. 14311W Cert. No. 7016 Subdivision of Lot 18 ^gown on Plan 14311$ riled with Cert. of Title No. 5252 _ Registry District of Nantucket County Seodrate Certifirales of title and to issued fW land shown hereon es l.? U.N. P.24 . . ................. . By the Court. Copy of�art of ptan , n _ [A ND REGISTRATION MICE MARCH P2 1976 Sca /e of this plan 30 feet to an inch MARCH .22 1976 j 'T'_. .__.. _ . CO Q R.L. Woodbury, fngineerir Court !F r 111 V � 2 c t 5 3 3 i 4 i� i iw 40�10rr EDWARD FOLEY VAUGHAN KEVIN F. DALE MELISSA D. PHILBRICK SARA V. GREENBERG VAUGHAN AND DALE ATTORNEYS AT LAW WHALER'S LANE NANTUCKET, MASS 02554 (617) 2284455 September 24, 1986 HAND DELIVERY Mr. William Sherman Chairman Nantucket Board of Appeals Town and County Building Nantucket, Massachusetts 02554 Re: Board of Appeals Application Mr. and Mrs. Alcon A. Chadwick Dear Chairman Sherman: Enclosed herewith for filing are Board of Appeals Application for Alcon A. Chadwick and Julia K. Chadwick, a plot plan, and a certified list of abutters. I also enclose my check in the sum of $100.00 made payable to the Town of Nantucket to cover the filing fee. Please mark this application for hearing as soon as possible. Thank you for your assistance. Sincerely, KFD /mvk Enclosures cc: Mrs. Madelyne G. Perry Nantucket Town Clerk Nantucket Planning Board Mr. Elbert Ulshoeffer Nantucket Building Inspector Richard J. Glidden, Esquire Michael O'Neill, Esquire Mr. and Mrs. Alcon Chadwick - mil✓ -1 FEE $100.00 Case No. APPLICATION TO THF. BOARD OF APPEALS Nantucket, Massachu et'. ; ,,, -j the Members of the Board of Appea:t.s: The undersigned hereby applies Cor r_el.ief- from the terms of (Z0 "1NtS BY -r,AW) (BUTLDINC CODE) on prL,,)erty escribed below: Lecation of Property 146 Polpis Road, Nantucket, Massachusetts Lo: rlo. Lot 20, L.C. Plan 14311 -S Lot 32, L.C. Plan 14311 -X Di.: rict is zoned for LUG -1 '!lyre of structure (Existing or Proposed) or proposed use: residential C) %,. nc -r' s Name Alcon A. and Julia K. Chadwick Owier's Address 34 Woodside Drive, Harvard, Massachusetts 02655 t, ?h,n did you acquire this property? 1974, 1965 this application been filed at Building Department? No i as any previous appeal been made ?` Section of By -Law or Code from which relief is requested: _ Chapter 139 -16 Reason for asking relief:The Applicants seek relief from the minimun lot size requirements of the zoning by -law to cure the merger_ of two non - conforming, contiguous lots which were held in common ownership from 1972 to 1974. j Signat:i re Qf -0plicant i =A CHADWICK an JULIA K. ' KevninlFK DA aFh t r Attorney ATTACH: (1) A list of the names and addresses of each tin? owner ` and owner abutting the abutters, and owners within 300 feet. (2) A check in tha amount of $100.00 made payable to the TLwn of Nantucket. (3) Four copies of the application and a map or Flan showing ' the location of the property to be considered. (4) If the applicant is other than the owner, please indicate your authority to make this application. BOARD'S, DECISION Application submitted to Board Advertising dates Hearing dates) _ Decision of Board Decision filed with the Town Clerk �� TOWN OF NANTUCKET BOARD OF APPEALS L__.;t of parties in interest in the matter of the petit -'on of: 'Jame A ((-° U A dress �4 4aryi jLL HA Property Address ct `D 4 I certify the foregoing is a list of persons who are owners o- 101-5 abutting the property, owners of land abutting the abutters, o4r�:elS of l,nd directly opposite the property on any street or way, anc'. owners of land within 300 feet of the property, all as they appear on the most recent applicable TAX list. / Ute Assessor / Town of Nantucket _ .... .... .... ... .... ________ -'-- ------.... - .... - .... ----........ ........ ........ ...... '------ ... ........ ---------'------'---- ----' -- --' - NAQTUCKET KELLi GLENORA ______________________________________________________________ FAIRFIELD CT O6«3� �8T 14 �/� P/ z/�)zt-� `'=----------- / . . , . ;SSESSO�'S DATA FILE sUPDATED- 0911"A PARCEL N��E & BILLIHG'ADDRESS_____________PR3PER[Y_0FSC___��FO___ ��.�� 0027-037 BORDEN -KARENKELLY POi! *CHA, D 3804 ALLSBOROUGH DR !11 ,` - TOCKER--- - GA 30O84 LOT 13 LC PL A! -� 00�4-007� SILLIHAN JQHH E & JEHNIFER O111 P�LP|S RD (1/O SILLMAN JOHN CER)-OO10557 M/ /83 *CHANGED PO BOX 58 . /^cc'^ = -POCOPSON 0�4�-008 RT[�|ARDSO� [MILlN[ p *'HA�GED 1tO3 GREGSON S7 � . ^ ` ` NC iC [ �8 27701 : P\ 1�9v9-C DUKHAH ' � 0�44-0O9 CHADWICK FRANKLIN P & SAN��A M `�1�; P��/'I�� K}� *[�\ANGED 140 POLPIS RD ' — NANTUCKET MA �2534 LOT ""X.) [l 0044-012 ---TIMBl UNIT *CHANGED 6845 ---------BOCA 0151 PD\�T� P', ]RS ELlZABETH 1. 3071 RATON F:1. WILiOW WOOD DR - - - WT 6 LC P\ 1�999-� ' � . , ASSESSOR'S DATA FILE 4UPDATED- O9/1S/86 TOWN Oc ��.�T��E7 NAME&BILLING ADDRESS PPOPERl y DEyn MD 20 F �HF� ........ - ... ........ ...... -----.... - .... ........ ........ ........ -... ........ ... .... ....... ...... ........ ........ ................ ........ ........ ........ ........ ........ ........ -- ........ ..... ........ -- ..... ........ ... ..... ........ .... ............... -' 0044-013-----STAMBAUGH-PHILLIP F & BEVMY r ,177 05LPTS R� *CHANGED 111 HERRJCK RD - BOXFORD MA 01921 LOT 7 LC PL 1O999-E 0044-027 NANTUCKET CONSERVATION M!ND IHC O1M PqLFTS Rul EXEMPT , *CHANGED 118 CLIFF RD (�E�T-��O829� o^�/ 78 NANTUCKET MA �2554 iOT • t !o l X. , c 4 � 143115 .SIIDDIVISION PLIT OF I.'J!D II! Nr NTUC':i T Josiah S. Barrett, - lirveyor Au;'u. ^.t /;, 1�66 C. At — • Vm - N h (h 1 t h w • , Q, Ito *tan 14.E r r A $ v •^ c r• E. r T .� I � 4 b 71SiB G�. ✓ 2S• Q�Q JO' zr E �� C-5, o WA Y. W A Y 252.s¢ ao Itlb i 247.96 tj tj 9' Sd 255.46 to .v a S• a o• as '• w h /Y V tiN f dS • 29• ro "C t,,p .� I3 20 p Q c �• .aa �� ' re • s load v Q. c v.; � �• v �I C !3 a M •r O Q, v; i • plan -, ,� � i � t. `.od'6y .. Subdivision of Part of Lot F7 agd Lot 10 per S'ioum on Plans 14311 and 14311 Filed with Cert. of Title No.s 3341 :nd 4557 Registry District of Nantucket County Seperste cer(if4fleJ of tit /e mar De issued kr land sAOwn Aerep! 43 10 d ..(dr(tjLO�.?✓vP�!.d.Ai...._... By the Court. .8^.:4!t ,�?2.ffecord . n C, 0 0 v mc, Copy of�A of plvn � LANO RE6/STRATlON OFFICE j IUG. /S /966 Scv4 of fAil plan AO tat !o en Jnch C.M.AnQana+,EnymarrfoiCorrt.L riled with Cart, of Title No. 5252 Recistry District of Nantucket County Separate cealkates of title may he issued for land shown herein ash? C {.>31_F.2Q- ?------------------- dy the Court. MARCH _22,_ /�76'-- lerider. rr L -- - -- Copy of part of plan — Rkd LAND RMISTRRAT /ON OFFICE MARCH P2 1976 Scale of this plan 50 fat to en inch R.L.Wepdburyr FnOeerforCourt i z � T U j 3 4 ;F9 3OADIVI3ION PLAN OF LAND IN NANTUCKET 14311X • O Crr 1. Na. 70/6 Shugrue k Hart Inc., Surveyors i O January 23, 1976 �!r I 4, C- N�4J //A 8 \' t e _S24 Co No S Z5. 30' ° rL,C. t - L.C. No. 14-1 /0 C4rl.N4. 4765 74.91 .. • N 7. /2 f _ 24 WAY /Z0,00 r P p - -- WJdN J Subdivision of Lot 18 :shown on Plan 143113 \ I I � b I 3 v e{ o ` 32 ► ry ti .. ... 4y a9 b -C-8 ry �® O ?21 14 j9 -20 Z �Wb J/ h r o O :CB rD u v 2 N 17 °0023{Y, 2.- 0 ... .. J149 riled with Cart, of Title No. 5252 Recistry District of Nantucket County Separate cealkates of title may he issued for land shown herein ash? C {.>31_F.2Q- ?------------------- dy the Court. MARCH _22,_ /�76'-- lerider. rr L -- - -- Copy of part of plan — Rkd LAND RMISTRRAT /ON OFFICE MARCH P2 1976 Scale of this plan 50 fat to en inch R.L.Wepdburyr FnOeerforCourt i z � T U j 3 4 ;F9 L.0 No /43/rw • O Crr 1. Na. 70/6 i �!r I ��4 N A7 Jp I O.9 12 rL,C. L.C. No. 14-1 /0 C4rl.N4. 4765 //W 6 Subdivision of Lot 18 :shown on Plan 143113 riled with Cart, of Title No. 5252 Recistry District of Nantucket County Separate cealkates of title may he issued for land shown herein ash? C {.>31_F.2Q- ?------------------- dy the Court. MARCH _22,_ /�76'-- lerider. rr L -- - -- Copy of part of plan — Rkd LAND RMISTRRAT /ON OFFICE MARCH P2 1976 Scale of this plan 50 fat to en inch R.L.Wepdburyr FnOeerforCourt i z � T U j 3 4