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HomeMy WebLinkAbout038-94TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: June 19 94 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 038 -94 Owner /Applicant: RUTH HARROD 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 Addendum to Applications by Sheridan Harrod and Ruth Harrod The applicant, Ruth Harrod, appeals from a decision by the Building Commissioner, denying a building permit for the premises at 18 Field Avenue (Assessor's Parcel 80 -152, shown as Lot 26 on plan filed in Plan Book 17, Page 50) to Edward Dennehy, the contract purchaser thereof. In addition, the applicants seek variance relief in all four applications, from the intensity regulations in the Nantucket Zoning By -law (Section 139- 33.A), as to lot area (80,000 square feet are required; each of Lots 23, 24, 25 and 26 contains about 43,560 square feet). No other variance relief is required. The plan recorded in Plan Book 17, Page 50 (the "Subdivision Plan") was endorsed by the Nantucket Planning Board as approved under the Subdivision Control Law on March 12, 1970. There were no zoning requirements applicable in Nantucket at that time. Under the Massachusetts Zoning Act as then in effect, lots shown upon a plan endorsed as approved under the Subdivision Control Law were protected against zoning changes for a seven -year period. Lots 23, 24, 25, 26, 27, 28 and 29 on said plan were then owned by Sheridan Harrod and Ruth Harrod, as tenants by the entirety. Lot 26 is adjacent to Lots 25 and 27; it abuts no other land except for streets shown upon the Subdivision Plan. In 1973, while all lots owned by the Harrods were still in common ownership, the Locus was placed in the Limited Use General -2 zoning district, in which it is still located, requiring minimum lot area of 80,000 square feet. By deed recorded on March 1, 1977, in Book 157, Page 309, prior to the expiration of the seven -year freeze period, the Harrods conveyed Lots 24, 26 and 28 into the sole ownership of Ruth Harrod. At the same time, they conveyed Lots 23, 25, 27 and 29 into the sole ownership of Sheridan Harrod by deed recorded in Book 157, Page 310. Pursuant to the provisions of Nantucket Zoning By -law Section 139 -33.E, the imposition of more onerous zoning requirements does not prohibit an unimproved lot from being built upon for single - family or two- family residential purposes, if the lot has frontage at least 20 feet, if at that time the lot had the benefit of one of certain zoning protection "freeze" periods, if the lot was held in ownership separate from all adjoining land at all times since prior to the end of the applicable "freeze" period, if the lot conformed to applicable zoning requirements at the commencement of the "freeze" period, and if the lot has lot area of at least 5,000 square feet. Under Section 139 -33.G, land shown upon a definitive plan endorsement under the Subdivision Control Law, filed prior to January 1, 1976, was protected for a seven -year period from the time of endorsement, and therefore has the benefits of Section 33.E. Lot 26 has not been in common ownership with any adjacent land since March 1, 1977; it has been owned by Ruth Harrod throughout this period. Lot 25 has been owned by Sheridan Harrod from March 1, 1977, to the present. Lot 27 was owned by Sheridan Harrod from March 1, 1977, until June 19, 1985, when he conveyed it to Austin K. Hines and Marjorie W. Hines by deed recorded in Book 230, Page 296. Austin K. Hines and Marjorie W. Hines owned Lot 27 until January 16, 1987, when they conveyed it to Gary W. Pillion and Carol A. Pillion by deed recorded in Book 267, Page 296. The Pillions have owned Lot 27 from January 16, 1987, to the present. A dwelling has been constructed upon Lot 27. Lot 28 was sold by Ruth Harrod to Mark A. Lombardi and Edward Dennehy on March 24, 1984, by deed recorded in Book 212, Page 324. Lot 29 was sold by Sheridan Harrod to Nantucket Heritage Landscapes, Inc., on January 24, 1984, by deed recorded in Book 210, Page 222. Each of these lots has now been built upon. Lots 23 and 24 likewise have remained in the ownership of Sheridan Harrod and of Ruth Harrod, respectively, since March 1, 1977, and neither has been in common ownership with any adjacent land throughout this period. Accordingly, all of the requirements of Section 139 -33.E have been met for each of Lots 23, 24, 25 and 26 to be a buildable lot notwithstanding its present zoning nonconformities, for the proposed single - family (or two- family) residential use. Each lot has more than 20 feet of frontage and more than 5,000 square feet of lot area. At the time the "freeze" period commenced, prior to zoning, there were no zoning requirements, so it was in conformity. It has been in separate ownership from all adjacent land since a time just prior to the end of the "freeze" period. Therefore, each of Lots 23, 24, 25 and 26 has the benefits of Section 139 -33.E and is a buildable lot for single - family or two - family residential purposes as therein provided, notwithstanding its present dimensional nonconformity. Nevertheless, the Building Commissioner has denied a building permit for Lot 26, notwithstanding an opinion letter from counsel that it was protected as a buildable lot. These proceedings are brought to appeal from this denial, and in the alternative to establish by variance relief (if required) that each of Lots 23, 24, 25 and 26 is a separate building lot, notwithstanding the nonconformities in lot area, under the circumstances of the title and zoning history set forth herein. kah /46 /HARROD BOA Form NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MASSACHUSETTS 02554 ASSESSOR'S LIST OF PARTIES IN INTEREST PROPERTY OWNER: _Ruth Harrod ---- - - - --- - -- APPLICANT FOR RELIEF (SAME? Yes ) = _- - - - - --- ADDRESS OF PROPERTY: _- 18 Field Avenue ASSESSOR'S MAP - PARCEL: 80 -152 - - LIST OF PARTIES INCLUDING ADDRESSES (OR SEE ATTACHED _ _^T): I certify that the foregoing (or the attached _I ) lists all persons, natural or legal, 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 three hundred feet of the property line of Owner'-s property, as they (and their address) appear on the most recent applicable tax list [per M.G.L. c.40A, Section 11 and Zoning Code Chapter 139, Section 139- 29D(2)]. Date masse sores Town of Nantucket ": Note: Applicant (petitioner) should include with the lot for which zoning relief is sought, any commonly -owned abutting lots which might become involved in the zoning matter. List map and parcels for each abutter. Submitted by Reade & Alger P.C. Date: _ March_ 22, 19_9.4 _ Reade & Alger Client: Harrod (mcol /boaform) 03/24/94 TOWN OF NANTUCKET OWNER'S MAILING ADDRESS LIST 07.45.35 Map Block Lot Owner's /Co-Owner's Name Mailing Address /City State Zip Property Location 0080 0154 HELLER DIANA G PO BOX 2086 0015 FOLGER AVE NANTUCKET MA 02584 PO BOX 2715 0016 FOLGER AVE 0080 0153 BOND MARGO NANTUCKET MA 02584 0080 0157 HAISS JOAN M & FRANKLIN NANCY SALEM FARM 0013 FOLGER AVE RT 82 SALEM CT 06415 0080 0156 * LOMBARDI MARK A PO BOX 2364 0014 FOLGER AVE NANTUCKET MA 02584 PO BOX 1082 0011 FIELD AVE 0080 0159 WINN LISA NANTUCKET MA 02554 0080 0158 LOMBARDI MARK A PO BOX 2364 0014 FIELD AVE NANTUCKET MA 02584 0080 0155 PILLION GARY W & CAROL A 7900 MIAMI LAKES DR W 0016 FIELD AVE C/0 J.I. KISLAK MORTGATE CO MIAMI LAKES FL 33016 0000 SURFSIDE 0080 0107 BURTON WALTER E ;' j.a' ,'j.l} NANTUCKET MA 00001 0000 SURFSIDE 0080 0105 *TOWN OF NANTUCKET 0000 SURFSIDE 0080 0106 *TOWN OF NANTUCKET 0080 0108 HARROD RUTH 0034 HIAWATHA BLVD 0022 FIELD AVE OAKLAND NJ 07436 0080 0109 TOMKINS SARAH A PO BOX 891 0019 FIELD AVE NANTUCKET MA 02554 0080 0151 SIL1N MICHELE PO BOX 3277 0017 FOLGER AVE NANTUCKET MA 02584 0080 0150 TOMKINS SARAH A PO BOX 891 0017 FIELD AVE NANTUCKET MA 02554 0080 0149 HARROD SHERIDAN 0034 HIAWATHA BLVD 0020 FIELD AVE OAKLAND NJ 07436 NUMBER OF RECORDS = 15 PAGE 1 MUAS750 7.2 March 4, 1994 BUILDING DEPARTMENT TOWN BUILDING ANNEX 10 SOUTH BEACH STREET NANTUCKET, MASSACHUSETTS 02554 Edward Dennehy 4 Weweeder Ave. Nantucket Mass. 02554 Dear Mr. Dennehy, Telephone 508- 228 -7222 Tele Fax 508- 228 -7249 Ronald J. Santos Building Commissioner Your application for a Building Permit has been reviewed and for the following reasons DENIED. The letter from Arthur Reade on February 8,1994 does not satisfy the Nantucket Zoning Codes or the Mass. Zoning Act. The letter is contrary to the Court decision of Judge Cauchon in the case of De Stefano v Town of Stoughton. It is my opinion that the lots in question are NOT BUILDABLE without Board of Appeals approval. You have the right to appeal this decision under the Nantucket Zoning Code 139 -31. SincerelyAantos Ronald J. Building Commissioner Town of Nantucket MAGOACHUSIETTS QUITCLAIM DRIED ONORT FORM (INDIVIDUAL) 001 J 57 Pat,,,: 309 We, Sheridan Harrod and Ruth Harrod of 34 Hiawatha BlVd. Oakland, NJ 07436 being jjwnarried, for consideration paid, and in full consideration of One Dollar 'grants to Ruth Harrod of 34 Hiawatha Blvd., Oakland, NJ 07436 with quftlMW svttrtutath the land in Nantucket, Massachusetts, being shown as: [Depaiptiac aid ewumbmn-s, if s"I Lots 24, 26 & 28, as shown on Plan of Land in Nantucket, prepared for Augusto C. Ramos, Essex Survey Service, Inc., dated October 2, 1969, bearing Nantucket Planning Board File #703, Subdivision, that is recored with the Nantucket Registry of Deeds, Book 17,Page 50. Consideration being less than $100.00 no stamps are required. t d d this ............ V ........ day of ......... February---* 19---!P? ......................... ......................... ....................................... ......... ... ....... ............ ..... ............................................................................... ............... .......... ............................... ............................................................... ....... . .... tate (04r February, Then personally appeared the above named Sheridan b Rath Harrod )1,1ree d befor i and acknowledged their / mowledged the foregoing instrument to I c . ..... NANTUCKET COUNTY ........... . . ........ ........... . Received and Entered IRM I CAZZLEY MARY PUBLIC Of *NDY JUSEY '9 14. My WMmj3SjgX cvian rte. 4. 11A Attest Individual — joint Tenants — Tenants in Commou — Tenants by the Entirety.) MAR 11977 W45All SEC. 6 As AMENDED BY CHAP= 497 Of 190 e mania cc bare eadoned upon ft dw hn as—_ resi&zm and post offm addien of ETery deed d= gg or, htftd of .a red of the fun moadcmtiou &ercd in JoHan or dw antum of do other wInMeratim & If M be fait .6siamjon &H wmn.dw WW Wkg, fog the onmeymm witbaw dedwtim for my Lk- at k�; 1 s*"L I c or ranijawS th"wcL ALL sucit ead&nemenh and ndm 9W be e- 6 w pate of the d"& FWan to amply ivith W=AZU no $Kea the raMiq of al died. No seat w of &o& daU scoopt a dftd ht NCOC&V. on It is in comokw with ft t*qWtemwM of this 9K*& -y 7 . . .. ....... U"SACHUSCrTS GUrTCLAM 0990 GHOAT FORM (1140[VICUAU "I BOOK 157 FAAA We, Sheridan Harrod and Ruth Harrod of 34 Hiawatha Blvd. Oakland, NJ 07436 Milmunaryi,d, for consideration paid, and in full ownideration of one Dollar grants to Sheridan Harrod Of 34 Hiawatha Blvd., Oakland, NJ 07436 with quartatm tvanatits thelandin Nantucket, Massachusetts, being shown as: (Descriptlngs and eacumbranock If Lots, 23, 25, 27, & 29, as shown on Plan of Land in Nantucket, prepared for Augusto C. Ramos, Essex Survey Service, Inc. dated 1969 bearing Nantucket Planning Board File 4703, subdivision, October 2, 17,Page 50 is recorded with the Nantucket Registry of Deeds, Book .Consideration being leas than $100.00 no stamps are required. Zfttw .,our.. hand and seal this ..4.k .......... - day of ....... far=Xy ........... 19....7.7 7.7 j . ........... . . . . .. . ........ . . .............. I ................... . ............... . .. ........................... . . .. . .. . ...... . .. . ............................... . ...... . .............. . .............. . ...... . . . . .. . ........ ... . .. ....... . ....................................... . . .. . . . ........... (54t $TA TE OF NEW JERSEY Februarjj c Then personally appeared the above named Sheridan Harrod C.) and acknowledged the foregoing instrument to be their ,free aol doe, NANTUCKET COUNTY .... .. ....... . . Received and Entered ."� IR:NE J. C: My OF 1i[W 'TAPY PLIBLI� W COVImissio,'t iY.PZS fL& 4. 19A Attest (01dividusl — joint Tenants — Teawts in Common — T0113nts by the F-drcq-) af gj AR 11977 1% //!" , ppupm &V 44 - S�v AS AMUWED BY CHAPTER 497 OF 190 E" deed presented for record stall contain of bsvv endorsed upon it the full name feswence and Post "Hice am of the zMatft and g moral of the amount of the full consideration thereof itt dollars at the nature of the otter co0sidemd011 thetdQ4 If not Adi"led (or ■specific mooets,7 sum The full ounsideration " Oman the total Pfkc for the "OuMlon' without deduction for any lien or encumbranocs assumed by the grantee or remaining tberrou. All such endorsements and recitals "I be recorded as pan of the d--C& Failure to COMPIT With this section SIM11 not affect the validity of any deed. No register of deeds shall macpt a deed for recording unless k is in compliance with the requirements of this 6"M ARTHUR I. HEADE, JR. SARAH F. ALGER KENNETH A. GULLICKSEN MARIANNE HANLEY PATRICIA A. HALSTED BY BAND 13EADE & ALOEH PROFESSIONAL GOBPORATION SIX YOUNG'S WAY NANTUCKET, MASSACHUSETTS 02554 (508) 228-3128 FAX: (508) 228 -5630 April 1, 1994 Rebecca Lohmann, Town Clerk Town and County Building Federal and Broad Streets Nantucket, Massachusetts 02554 Dear Rebecca: MAILING ADDRESS POST OFFICE BOX 2669 NANTUCKET, MASS. 02584 Re: Board of Appeals Application of Ruth Harrod Premises: 18 Field Avenue Enclosed please find a copy of the appeal and application and related materials filed with the Board of Appeals today regarding the above - referenced matter. Please sign the enclosed copy of this letter acknowledging receipt of this application and return it to this office. PAH /kah Enclosures Received and entered on April 1, 1994 By: Rebecca Lohmann, Town Clerk kah /46 /HARRODI Sincerely, _; Da t �__ Patricia A. Halsted RECEIVED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 APR 011994 BOA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, HA 02554 CASE No. APPLICATION FOR RELIEF owner's name(s): Ruth Harrod c/o Reade & Alger Professional Corporation Mailing address: 6 Youna s Way1 P.O. Box 2669 "' °.t ^k°* M 02584 Applicant's name: Same as above Mailing address: same Location of lot: Assessor's map and parcel number 80 - 152 street address: 18 Field Avenue Registry Land Ct Plan, Plan B & Pg or Plan File 17/50 Lot 26 Date lot acquired: ��77 Deed Re.f 157, 309 Zoning district LUG-2 Uses on lot - commercial: None .L or MCD? No - number of: dwellings o. duplex_ apartments o rental rooms Building date(s): all pre -8/72? or N/A C of 0 ?_ Building Permit appl'n. Nos. U w Case Nos. all BoA applications, lawsuits: None N State fully all .zoning relief sought and respective Code sections to 0 Q -:r S and subsections, specifically what-you propose compared present °� and what grounds you urge for,BoA to make'-each finding per Section 139 -33A Y 139 -32A X if Variance, 139 -30A if a Special Permit (and if to alter or extend a noncon ornting use) If appeal per T39 -3j�A W o —&B , attach decision or order appealed. OK to attach addendum ) W Y kl J See attached Addendum. UC U : �- �L z !Y z �z w w Items enclosed as part of this Application: orderl addendum2 X_ Locus maps Site plan showing present +PIanned structures Floor plans present propose elevates (HDC approved?—) Listings lot area f proposed 7—setbacks GCR parking data Assessor - certifies addressee I7st 4 sets__ majl ni g labels 2 sets -X 1200 fee payable to,Town.of Nantucket x proof • 'cap' covenant (If an appeal, ask Town'Clerk to senciBldg Comr s. record to BOA. F I certify that the. requested information: submitted is substantially complete and true to the best of my knowledge,' under the pains and penalties of p jury. // SIGNATURE: 4 Applicant Attorney /agent 3(If not owner or owner's attorney, enclose proof of. authority) FOR BoA OFFICE USE Application copies reed: 4— or, for BoA on, /__/_ by One copy filed with Town Clerk on_ /_/_ by complete ?_ One copy each to Planning Bd and Building Dept __/_ by $200 fee check given Town Treasurer on_ /._/_ by waived ?_ Nearing notice posted,_/_ mailed_,•/_,_/_ I Hearing(s) on_ /!/_ cont'd to_/_/_, _/,�_ withdrawn ?•_/__/! Decision due bye_/_ made_/_/_ filed TC_/„_/_ mailed —/--/_ See related cases lawsuits other Addendum to Applications by Sheridan Harrod and Ruth Harrod The applicant, Ruth Harrod, appeals from a decision by the Building Commissioner, denying a building permit for the premises at 18 Field Avenue (Assessor's Parcel 80 -152, shown as Lot 26 on plan filed in Plan Book 17, Page 50) to Edward Dennehy, the contract purchaser thereof. In addition, the applicants seek variance relief in all four applications, from the intensity regulations in the Nantucket Zoning By -law (Section 139- 33.A), as to lot area (80,000 square feet are required; each of Lots 23, 24, 25 and 26 contains about 43,560 square feet). No other variance relief is required. The plan recorded in Plan Book 17, Page 50 (the "Subdivision Plan") was endorsed by the Nantucket Planning Board as approved under the Subdivision Control Law on March 12, 1970. There were no zoning requirements applicable in Nantucket at that time. Under the Massachusetts Zoning Act as then in effect, lots shown upon a plan endorsed as approved under the Subdivision Control Law were protected against zoning changes for a seven -year period. Lots 23, 24, 25, 26, 271 28 and 29 on said plan were then owned by Sheridan Harrod and Ruth Harrod, as tenants by the entirety. Lot 26 is adjacent to Lots 25 and 27; it abuts no other land except for streets shown upon the Subdivision Plan. In 1973, while all lots owned by the Harrods were still in common ownership, the Locus was placed in the Limited Use General -2 zoning district, in which it is still located, requiring minimum lot area of 80,000 square feet. By deed recorded on March 1, 1977, in Book 157, Page 309, prior to the expiration of the seven -year freeze period, the Harrods conveyed Lots 24, 26 and 28 into the sole ownership of Ruth Harrod. At the same time, they conveyed Lots 23, 25, 27 and 29 into the sole ownership of Sheridan Harrod by deed recorded in Book 157, Page 310. Pursuant to the provisions of Nantucket Zoning By -law Section 139 -33.E, the imposition of more onerous zoning requirements does not prohibit an unimproved lot from being built upon for single - family or two - family residential purposes, if the lot has frontage at least 20 feet, if at that time the lot had the benefit of one of certain zoning protection "freeze" periods, if the lot was held in ownership separate from all adjoining land at all times since prior to the end of the applicable "freeze" period, if the lot conformed to applicable zoning requirements at the commencement of the "freeze" period, and if the lot has lot area of at least 5,000 square feet. Under Section 139 -33.G, land shown upon a definitive plan endorsement under the Subdivision Control Law, filed prior to January 1, 1976, was protected for a seven -year period from the time of endorsement, and therefore has the benefits of Section 33.E. Lot 26 has not been in common ownership with any adjacent land since March 1, 1977; it has been owned by Ruth Harrod throughout this period. Lot 25 has been owned by Sheridan Harrod from March 1, 1977, to the present. Lot 27 was owned by Sheridan Harrod from March 1, 1977, until June 19, 1985, when he conveyed it to Austin K. Hines and Marjorie W. Hines by deed recorded in Book 230, Page 296. Austin K. Hines and Marjorie W. Hines owned Lot 27 until January 16, 1987, when they conveyed it to Gary W. Pillion and Carol A. Pillion by deed recorded in Book 267, Page 296. The Pillions have owned Lot 27 from January 16, 1987, to the present. A dwelling has been constructed upon Lot 27. Lot 28 was sold by Ruth Harrod to Mark A. Lombardi and Edward Dennehy on March 24, 1984, by deed recorded in Book 212, Page 324. Lot 29 was sold by Sheridan Harrod to Nantucket Heritage Landscapes, Inc., on January 24, 1984, by deed recorded in Book 210, Page 222. Each of these lots has now been built upon. Lots 23 and 24 likewise have remained in the ownership of Sheridan Harrod and of Ruth Harrod, respectively, since March 1, 1977, and neither has been in common ownership with any adjacent land throughout this period. Accordingly, all of the requirements of Section 139 -33.E have been met for each of Lots 23, 24, 25 and 26 to be a buildable lot notwithstanding its present zoning nonconformities, for the proposed single - family (or two - family) residential use. Each lot has more than 20 feet of frontage and more than 5,000 square feet of lot area. At the time the "freeze" period commenced, prior to zoning, there were no zoning requirements, so it was in conformity. It has been in separate ownership from all adjacent land since a time just prior to the end of the "freeze" period. Therefore, each of Lots 23, 24, 25 and 26 has the benefits of Section 139 -33.E and is a buildable lot for single - family or two - family residential purposes as therein provided, notwithstanding its present dimensional nonconformity. Nevertheless, the Building Commissioner has denied a building permit for Lot 26, notwithstanding an opinion letter from counsel that it was protected as a buildable lot. These proceedings are brought to appeal from this denial, and in the alternative to establish by variance relief (if required) that each of Lots 23, 24, 25 and 26 is a separate building lot, notwithstanding the nonconformities in lot area, under the circumstances of the title and zoning history set forth herein. kah /46 /HARROD %gt %f $g3% C\ C' e \a Al 00��' � O � \ / °a $ tome e (° �e ° aIC6 9a a �a §G� % °t\ o/: s X04 t %e e§'of /o /�� « /t %S� a a% o® t «\ t� o a�e0 �. t» $a& $a6 of &at a6 e ,e \a « §o ©0Iot �a �a�� © a� o © ©e \2' \ /� ©e t /0 55'$ \t% e � . a to & &&t 2 'co yca \)e• aa9 � , \ & &&a �e% go 9 $° e to ®' COO« « t °- woe ^ s% Ea& . oa \s e� » i « \_ �a & %tea J 03/24/94 TOWN OF NANTUCKET OWNER'S MAILING ADDRESS LIST 07.45.35 Map Block Lot Owner's /Co- Owner's Name Mailing Address /City State Zip Property Location 0080 0154 HELLER DIANA G PO BOX 2086 0015 FOLGER AVE NANTUCKET MA 02584 PO BOX 2715 0016 FOLGER AVE 0080 0153 BOND MARGO NANTUCKET MA 02584 0080 0157 HAISS JOAN M & FRANKLIN NANCY SALEM FARM 0013 FOLGER AVE RT 82 SALEM CT 06415 0080 0156 * LOMBARDI MARK A PO BOX 2364 0014 FOLGER AVE NANTUCKET MA 02584 PO BOX 1082 0011 FIELD AVE 0080 0159 WINN LISA NANTUCKET MA 02554 0080 0158 LOMBARDI MARK A PO BOX 2364 0014 FIELD AVE NANTUCKET MA 02584 0080 0155 PILLION GARY W & CAROL A 7900 MIAMI LAKES DR W 0016 FIELD AVE C/O J.I. KISLAK MORTGATE CO MIAMI LAKES FL 33016 0000 SURFSIDE 0080 0107 BURTON WALTER E NANTUCKET MA 00001 0000 SURFSIDE 0080 0105 *TOWN OF NANTUCKET 0000 SURFSIDE 0080 0106 *TOWN OF NANTUCKET 0080 0108 HARROD RUTH 0034 HIAWATHA BLVD 0022 FIELD AVE OAKLAND NJ 07436 0080 0109 TOMKINS SARAH A PO BOX 891 0019 FIELD AVE NANTUCKET MA 02554 0080 0151 SILIN MICHELE PO BOX 3277 0017 FOLGER AVE NANTUCKET MA 02584 0080 0150 TOMKINS SARAH A PO BOX 891 0017 FIELD AVE NANTUCKET MA 02554 0080 0149 HARROD SHERIDAN 0034 HIAWATHA BLVD 0020 FIELD AVE OAKLAND NJ 07436 NUMBER OF RECORDS = 15 PAGE 1 MUAS750 7.2 March 4, 1994 BUILDING DEPARTMENT TOWN BUILDING ANNEX 10 SOUTH BEACH STREET NANTUCKET, MASSACHUSETTS 02554 Edward Dennehy 4 Weweeder Ave. Nantucket Mass. 02554 Dear Mr. Dennehy, Telephone 508- 228 -7222 Tele Fax 508- 228 -7249 Ronald J. Santos Building Commissioner Your application for a Building Permit has been reviewed and for the following reasons DENIED. The letter from Arthur Reade on February 8,1994 does not satisfy the Nantucket Zoning Codes or the Mass. Zoning Act. The letter is contrary to the Court decision of Judge Cauchon in the case of De Stefano v Town of Stoughton. It is my opinion that the lots in question are NOT BUILDABLE without Board of Appeals approval. You have the right to appeal this decision under the Nantucket Zoning Code 139 -31. Sincere /jlyAantos filo�'nald J. Building Commissioner Town of Nantucket �: -- ..... . .... _- -_�1: �3 MA$*ACHU9K'"8 GUMCLIUM DEED SHORT FORM (INDIVIDUAL) 001 157 Pc(' 309 We, Sheridan Harrod and Ruth Harrod of 34 Hiawatha BlVd.,Oakland, NJ 07436 heingjjWnd";ed, for consideration paid, and in full consideration of One Dollar grants to Ruth Harrod of 34 Hiawatha Blvd., Oakland, NJ 07436 with quffrWw riammuft thelandin Nantucket, Massachusetts, being shown as: [Description and encumbanom if any) Lots 24, 26 G 28, as shown on Plan of Land in Nantucket, prepared for Augusto C. Ramos, Essex Survey Service, Inc., dated October 2, 1969, bearing Nantucket Planning Board File #703, Subdivision, that is recored with the Nantucket Registry of Deeds, Book 17,Page 50. Onn3ideration being less than $100.00 no stamps are required. C, ...... ....... day Of .........February.......... .......... 19- Intl d and seal this ...... ..... -T? ............................. ......................... .................................................. ... ....... .......... .................................................................... . ..... ............................. ................................................................... ........... ............................................................................. tate of mew J se February,,.* 19IT Then Personally appeared the above named Sheridan & Ruth Harrod and acknowledged the foregoing instrument to be their (Ift a d d bemre t NANTUCKET COUNTY ........... . .. ........ .............. . ...... Notary Public —jusacz Peffim Received and Entered iRrNE J. CAZCLE:y My commission 'NOTARY PUBLIC .Of NEIR irorf )d - Vf COMMISSION CAPiRn rEL 4. 2978 Attest int Tenants Tenants in Common — Tenants by the Entirety.) (*Individual—jo MAR 11977 SEC 6 AS AME1,M]ED By CRAPrER 497 OF 199 �ee,' Bvm dad ptcented for '' , I upon it the hu — mmenot VA Post 04ce 6"M of �e ""tc, in cc bare endorm a= *'�� -, e � - � . '� dwoetumaidwotbcrcow;d=Omtbetdotilfam sldtion dwred in doll"s Oc and a mdtd of the amount of the full cc- 9 deduction for MY Liew Of "q sum. nw full consi&ratim sball 10010-ibe Wad pting for the coanTance witbow suet, endEneuma and md-I aball be Eg pan of the dgeL deed M 161 of doeh shat facept a aw for near" an ,rich ti:W W=ft &a tenaininS dwrean. AJI not affect the validity of aw Failum to cal it j. 1n cuuWliance with the -"I-- Of this -cti-