HomeMy WebLinkAbout021-94TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSET'T'S 02554
Date: June 3 , 19 94
To: Parties in Interest and.Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
2�
Application No.: 02*-94
Owner %Applicant: JAMES N. LAYMAN, TRUSTEE OF JOLLY
REALTY TRUST
Enclosed is the Decision of the BOARD OF APPEALS which has
this day been filed in 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 an complaint in 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.
Dale W. Waine`-� , Chairman
cc: Town Clerk
Planning'Board
Building Commissioner
li! b le : �i �L SLt ^ el �4 0 OZ I
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Map 41 125 Madaket Road
Parcel 61 Lot 1
LUG -2 District Plan Book 22, Page
53
NANTUCKET ZONING BOARD OF APPEALS `
NANTUCKET, MASSACHUSETTS
DECISION:
The Board of Appeals, at a public hearing held on
Friday, April 8, 1994, at 1:00 P.M. in the Town and
County Building, Nantucket, Massachusetts, on the
application of James N. Layman, Trustee of Jolly Realty
Trust c/o Virginia M. Jolly, 28 Siesta Village West, West
Wareham, Massachusetts 02576 (Board of Appeals File 024-
94), the Board made the following DECISION:
1) Applicant is seeking relief by Variance under
Nantucket Zoning By -law Section 139 -32A from the
requirements of the Nantucket Zoning By -law Section 139 -
16A ..(Intensity Regulations - Minimum Lot Size) to
validate as a buildable lot the premises which are said
to have 80,015 square feet in a zoning district which
requires 80,000 square feet as the minimum lot area.
Title to a. portion of which at the corner of Madaket and
Cliff Roads cannot be conclusively established except by
claims of adverse possession. The lot area to which the
title can be established of record may be less than
80,000 square feet. In the alternative, the applicant
requests a finding that the premises as shown on the
plans. are a buildable lot, notwithstanding the lack of
clear-.-title as it effects the buildability of the parcel.
The premises are located at 125 Madaket Road, Assessors
Map 41, Parcel 61 as shown in Plan Book 2, Page 53 as Lot
1. The property is zoned Limited Use General - 2.
2) Our findings are based upon the application
papers, plans, representations and testimony from
Applicant and Applicant's attorney received at the public
hearing on April 8, 1994. The proposed project received
an unfavorable recommendation from the Nantucket Planning
Board.
3) The Applicant asserts that the Premises are
uniquely affected by a history of survey and title -
related issues which affect the shape of this lot and
qualify it for variance relief. Most recently, the
Premises are shown as Lot 1 on a 1983 plan recorded in
Plan Book 22, Page 53 at the Nantucket Registry, a
reduced copy -of which is attached hereto as Exhibit A.
This plan shows a subdivision of a larger parcel which
was surveyed for the first time with modern survey
methods in 1981. The 1981 plan is recorded in Plan File
10 -F at the Nantucket Registry of Deeds. These surveys
show a property bounded to the south by Madaket Road and
to the west by Cliff Road. The layout of Cliff Road
along the property's westerly bound was established in
1953 when the Town laid out and took Cliff Road as a
public way. Historically, the Premises had been known-as
Shear Pen Hill and were shown only on an 1839 plan
recorded in Deed Book 42, Page 95 at the Nantucket
Registry. The 1839 plan shows the property as bounded to
the south by a road but does not establish any road that
could be construed as being the predecessor to Cliff
Road.
4) With respect to the title history, deeds which
conveyed the premises in the past did so by reference to
the 1839 Shear Pen Hill plan until 1981 when the new plan
was recorded. In January of 1984 the two lots shown on
the 1983 plan were conveyed into separate ownership.
5) As shown on the 1983 survey, Lot 1 contains
80,015 square feet'and conforms to the minimum lot size
requirement. At the Hearing the Applicant presented a
sketch plan which "overlayed" the 1839 plan for "Shear
Pen Hill" onto the 1983 survey. A copy of this sketch is
attached hereto as Exhibit B. As shown on the sketch,
approximately 4,700 square feet of the lot shown on the
1983 plan, at the intersection of Cliff and Madaket Roads
appear to fall outside of the 1839 plan's boundaries for
Shear Pen Hill. Clearly the surveyor adopted the 1953
county road layout as the westerly boundary of the
property when surveying the land in the 19801s.
- 6) Applicant claims title to this 4,700 square foot
portion of the property by adverse possession. No
competing claimant to the,land is known. However, due to
this discrepancy between the boundaries shown on the 1839
plan and those created as a result of the road taking and
modern survey work, good clear record and marketable
title to the 4,700 square foot portion of the premises
cannot be established conclusively.
7) Applicant says that the unusual title history
involving the County road taking, the 1839 plan and a
modern plan which shows an adequately sized lot
constitute significant and unique circumstances affecting
the shape of this lot and not the zoning district
generally and therefore which the grant of the Variance
is justified. The Applicant has relied on the 1983
survey in conveying away the northerly portion of the lot
and feels she will suffer significant hardship without
the relief requested. The Applicant stated that the
practical fact that the minimum lot area is present as
shown on the 1983 survey means that variance relief can
be granted without detriment to the public good and
without, derogating from the intent or purpose of the by-
law: However, the motion to grant the variance did not
prevail; three Board members (Williams, Waine and O'Mara)
voted in favor and two Board members (Balas 'and
Angelastro) voted against the grant of variance relief on
the grounds that the statutory criteria for a variance
had not been met.
8) Alternatively, Applicant requests a finding
that, notwithstanding the ambiguity in the back title to
the premises, the 1983 plan showing an adequate lot size
is sufficient to establish the "buildability" of the
parcel for zoning purposes. The Board specifically FINDS
by a vote of three in favor (Williams, Waine and O'Mara)
and.. two against (Balas and Angelastro) that the 1983
record plan which shows a lot area of 80,015 square feet
is sufficient to establish that the lot complies with the
Zoning Code's requirement for a minimum lot area of
80,000 square feet in the LUG -2 zoning district,
notwithstanding Applicant's inability to establish good,
clear record and.marketable title to the entire parcel.
Accordingly, the Board finds that Applicant is entitled
to a` building permit pursuant to the Zoning ByLaw.
Dated: 1994
RECEIVED
TOWN CLERK'S OFFICE
NANTUCKET, MA 02554
I IME:
CLERK:
JUN 0 3 1994
Michael Angelastro
May94 /mdpj of ly ^-4f-
Michael
'""`
Zoning Board of Appeals_
South Beach Street
Nantucket, Mass. 02554
NOTICE
A Public Hearing of the ZONING BOARD OF APPEALS will be held
at 1:00 P.M., Friday, March 11, 1994, in the Town and County
Building, the Selectmen's Meeting Room, Broad Street, Nantucket,
Massachusetts, on the Application of:
JAMES N. LAYMAN, TRUSTEE OF JOLLY REALTY TRUST
Board of Appeals File No. 021 -94
Applicant is seeking relief by VARIANCE under Nantucket Zoning By-
Law §139-32A from the requirements of Nantucket Zoning By -Law §139-
16A (Intensity regulations minimum lot size) to validate as a
buildable lot the premises which are said to have 80,015± square
feet of area in a zone that requires 80,000 square feet as the
minimum lot area. Title to a portion of which at the corner of
Madaket and Cliff Roads cannot be conclusively established except
by claims of adverse possession. The lot area to which title can
be established of record may be less than 80,000 square feet. In
the alternative, Applicant requester a finding that the premises,
as shown on the plans, are a buildable lot, not withstanding the
lack of clear title as it affects the buildability of the parcel.
The premises are located at 125 MADAKET ROAD, Assessor's Map
41, Parcel 61, as shown in Plan Book 2, page 53, lot 1. The
property is zoned Limited Use General -2.
Dale W. Waine, Chairman
BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING 'Date
NANTUCKET, MA 02554 /�zf
CASE NO
APPLICATION FOR RELIEF
owner's name(s): James N. Layman' Trustee of Jolly Realty Trust u /d /t dated
1/31/84 recorded with Nantucket Registry of Deed in Book 211, Page 114.
Mailing address: c/o Virginia M Jolly 28 4;PSra Village We-9 02576
Applicant's name: same
Mailing address:
Location of lot: Assessor's map and parcel number 41 - 61
Street address: 125 Madaket Road
Registry k&yKkxgtx)0"rN Plan Bk & Pg orXM. XPliW 2/53 Lot 1
Date lot acquired: _1j 1 84 Deed Ref 211,118 Zoning district LUG2
Uses on lot - commercial: None x or MCD ?_
- number of: dwellings_ duplex_ apartments_ rental rooms_
Building date(s): all pre -8/72? _ or none C of O ?_
Building Permit appl'n. Nos.
Case Nos. all BoA applications, lawsuits:
State fully all zoning relief sought and respective Code sections
and subsections, specifically what you propose compared to present
and what grounds you urge for BoA to make each finding per Section
139 -32A _X__ if Variance, 139 -30A if a Special Permit (a_nd. 139 -33A
if to alter or• -extend'a nonconforming use) . If appeal per 139 -3JA
attach decision or order appealed. OK to attach addendum .
See attached addendum
Items enclosed as part of this Application: orderl addendum2 X
Locus map_ Site plan_ showing present +planned 'structures
Floor plans present_ proposed elevati.ns (HDC.approved ?_)
_
Listings lot area x frontage x setbacks GCR parking data
Assessor- certifie —aaddressee ist 4 sets —E label ;;,.2 sets x
1200 fee payable-,.to-.-Town of Nantucket -x proof 'cap' C6venant
z
(If an appeal, ask Town Clerk to send Bldg Com s record to BOA-.T-
m m
I certify that the requested information submitted is substantially
Z
complete and true, to a best of my knowledge, under the pains and
_r1 C
peAalties of rjury.
M n
SIGNATURE: Applicant Attorney /agent �—
�" ,. m m C)
3(Iflnot owner orcowner's attorney encloser proof of authority)
O - C
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LO D�®
FOR BoA OFFICE USE
Application d: 4 or for BoA on- %i/ by
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N
7
copies rec
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One copy filed with Town Clerk on _7 / complete? V
I
One copy each to Planning Bd and Building Dept�/z/ by_
$200 fee check given Town Treasurer on_/O by aived ?_
Hearing notice posted _4�mailed/ QI & MZ��
Hearing(s) on_/_/_ cont' d to—/_/_, �_/_ withdrawn ?__/_/_
Decision due by_/_/_ made__ filed TC__/_/_ mailed__/__/_
See related cases lawsuits other
ADDENDUM
The Applicant hereby requests a variance from the
minimum lot area requirements found in Section 139 -16
to validate as a buildable lot the premises which are
shown as having 80,015 square feet on Plan dated August
22, 1983 recorded in Plan Book 22, Page 53, but title
to a portion of which at the corner of Madaket and
Cliff Roads cannot be conclusively established except
by claims of adverse possession. In the alternative,
the Applicant requests a finding that the premises as
shown on said Plan are a buildable lot having more than
the requisite 80,000 foot minimum lot size and that the
lack of clear title to a portion of the lot does not
affect the buildability of the parcel.
mdp /feb94 /bdap