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Home My WebLink About039-94BOARD OF APPEALS OF NANTUCKET TOWN OF NANTUCKET NANTUCKET, MA 02554 File No. 039 -94 Map 80 Parcel 149 IN RE: THE APPLICATION OF SHERIDAN HARROD Upon the request of the Applicant(s) made (check one) prior to x after publication of notice of a public hearing on the above captioned application, we acknowledge as a matter of right and without prejudice (check one) x approve without prejudice M approve, but with prejudice ?5 the withdrawl X in full of the said application. (check one) of so much of the said application as c Dated_ �, 'boo, '" ('? , &? � J F1, n w711- f C JZ c n?7 zo . ! oa O, W ' V 71 I 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, May 6, 1994, in the Town and County Building, the Selectmen's Meeting Room, Broad Street, Nantucket, Massachusetts, on the Application of: SHERIDAN HARROD Board of Appeals File No. 039 -94 Applicant is seeking relief by VARIANCE from the requirements of Nantucket Zoning By -Law §139 -16A, intensity regulations. Applicant's lot is 43,560± square feet in a zone that requires an 80,000 square foot minimum lot size. Applicants' lot is said to have been benefitted by a zoning freeze period at the time it was conveyed to current owner, and conformed to the zoning requirements at that time. The premises are located at 20 FIELD AVENUE, Assessor's Map 80, parcel 149, Registry Plan Book 17, page 50, lot 25. The property is zoned Limited Use General -II. Dale W. Waine, Chairman THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. (508) 228 -1215. FOR ASSISTANCE CALL BoA. Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 �// CASE % y' APPLICATION FOR RELIEF ---TTT Owner's name(s): Sheridan Harrod c/o Reade & Alger Professional Corporation Mailing address: 6 Young's Way, P.O. Box 2669, Nantucket, MA 02584 Applicant's name: Same Mailing address: Same Location of lot: Assessor's map and parcel number 80 - 149 Street address: 20 Field Avenue Registry Land Ct Plan, Plan =&Pg or Plan File 17/50 Lot 25 Date lot acquired: �� 77 Deed Re.f 157 310 zoning district LUG-2 Uses on lot - commercial: None X or MCD? No - number of: dwellings 0 .duplex 0 apartments 0 rental rooms 0 Building date(s): all pre -8/72? N/A or N/A C of O? N/A Building Permit appl'n. Nos. None Case Nos. all BoA applications, lawsuits: state fully all .zoning relief sou ht and respective Code sections and subsections, specifically what you propose compared to present and what rounds ou urge for, BoA to make each finding per Section 139 -32A if Variyance, 139 -30A if a Special Permit (and 139 -33A if to alter or extend a noncon.orming use). If appeal per 139 -31A s B _ attach decision or order app0aled. OK to attach addendum . See attached Addendum. Items enclosed as part of this Application: orderl addendum2 x Locus map x Site plan showing present • +planned structures Floor plans present proposed 'elevations (HDC aapproved ?�) Listings lot area frontage setbacks GCR parking data_ Assessor- certifiec'C—addressee Tilt 4 sets._ majl g labels 2 sets x 200 fee payable to Town.of Nantucketx, proof - 'cap' covenant (If an appeal, ask'Town•clerk to sen3 Bldg Comr s.record to B0A7F I certify that the-requested informatiozi 6ubmitted is sgbstantially complete and true to the best of my knowledge,' under the pains and penalties of p )Vr jur SIGNATURE: Applicant Attorney /agent Al- 3(If not owner or owner's attorney, enclose proof of authority) FOR BoF OFFICE USE Application copies reed: 4 1- or for BoA on _/ y�_ One copy filed with Town Clerk o��/� by complete ?L1---11 One copy each to Planning Bd and Building Dept/ by(A.,> $200 Pee check given Town Treasurer on by waived? Hearing notice posted4/AQ mailed�/2 I & M-Y/ Hearings) on_/_/_ cont'd to_/T/_, withdrawn ?_ /_/ Decision due by filed TC_/_/_ mailed,_/_/_ See related cases lawsuits other W U LO LL LO LL o �O< LLI (1) g Y � cw Y LC 0 G z O< Z ,,:I° rn rn �I LC r U 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: Sheridan Harrod APPLICANT FOR RELIEF (SAME? Yes ) : ADDRESS OF PROPERTY: 20 Field Avenue ASSESSOR'S MAP - PARCEL: 80 -149 LIST OF PARTIES INCLUDING ADDRESSES (OR SEE ATTACHED :• I certify that the foregoing (or the attached __1 ) 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 tether 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 *Note: Applicant (petitioner) which zoning relief is sought, which might become involved in parcels for each abutter. Ass(�ssorj� Town of Nantucket should include with the lot for any commonly -owned abutting lots the zoning matter. List map and Submitted by Reade & Alger P.C. Date:_ March 22, 1994 Read e & Alger Client: Harrod 03/24/94 TOWN OF NANTUCKET 07:21.40 OWNER'S MAILING ADDRESS LIST 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 0156 *LOMBARDI MARK A PO BOX 2364 0014 FOLGER AVE NANTUCKET MA 02584 0080 0155 PILLION GARY W & CAROL A 7900 MIAMI LAKES DR W 0016 FIELD AVE C/0 J.Y. KISLAK MORTGATE CO MIAMI LAKES FL 33016 0080 0152 HARROD RUTH 0034 HIAWATHA BLVD 0018 FIELD AVE OAKLAND NJ 07436 0000 SURFSIDE 0080 0105 *TOWN OF NANTUCKET i' 1 0000 SURFSIDE 0080 0107 BURTON WALTER E NANTUCKET MA 00001 0000 SURFSIDE 0080 0106 *TOWN OF NANTUCKET 0000 SURFSIDE 0080 0039 *TOWN OF NANTUCKET 0080 0040 HARROD SHERIDAN 0034 HIAWATHA BLVD 0024 FIELD AVE OAKLAND NJ 07436 0080 0041 LONERGAN THOMAS J & SUZANNE B 0016 SAW MILL RD 0022 FOLGER AVE CONCORD MA 01742 0080 0110 YOUNG PATRICIA F 0019 FOLGER AVE 0019 FOLGER AVE PO BOX 2185 NANTUCKET MA 02584 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 NUMBER OF RECORDS = 14 PAGE 1 MUAS750 7.2 N 94000 IA W "io`+ti oc INS tucicRT // T -\ � 1t� •° M1vv / 12 m/ i /•/ Y a ti: 17. 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D d / / 44, M0R • �� • Kzq / / U 2.l �a NOBADE O e1 CO {TR[LT / / \` POND !{ 44 0 n u -{9 a -ri{ / / 43 2.2 A 3 ar4eo1 � -�•� '1 N 90 00 W 0i - }I 41 REVISIONS LEGEND •" (1 r�� I �, DwIE 2A.CEL Dwlt PARCEL Dwf! I PA2CEl I I.IFLC.t o4nOl.t nOt COntIrYCt4a T� }/\ r�,(�" " El�ll� 2. BS.A. a4nolla Nont VCE.t Di.lrlel Co..INE4 of la• Ll \ BOY Scout, of AmultR NANI Uf! ' sachuse INFORMATION $MOWN HEREON WA$ I I I I�✓�r�r �r1a.� " l � � ssi' ch COMPILED FROM AERIAL PHOTOGRAPNS, DEEDS, wc. AND PLANS Of RECORD AND IS NOT TO BE CONSTRUED AS HAVING SUFFICIENT 256 ACCUR- ACY FOR CONVEYANCE. _— i i i t t.. yj MAO /ACNU [l Te OUfTCLAIM D[[O WHORT FORM (IHOIWOUAL) NI VOK 157 wcL 309 We, Sheridan Harrod and Ruth Harrod of 34 Hiawatha Blvd. ,Oakland, NJ 074 36 being ItWnatrried, for consideration paid, and in full consideration of One Dollar • 'grants to Ruth Harrod of 34 Hiawatha Blvd., Oakland, NJ 07436 with quifrlatm rmrrtuntL the land in Nantucket, Massachusetts, being shown as: lDaaip6. uad a *a=brastxa, if -rl Lots 24, 26 i 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 1703, Subdivision, that is recored with the Nantucket Registry of Deeds, Book 17,Page 50. Consideration being less than $100.00 no stamps are required. 'Ott d sad seal this ............ �....... day of .........February.......... 19...77 . ........................ _ ........... . ...................................... . t/ .-fi� . ............................................... ............................... 1�Rtlt4@k'Rf kat�E�Pf C. u February,. �. _. 19i. —T Then personally appeued the above named Sheridan 6 Puth Harrod and aclmowledged the foregoing instrument to be their / /free NANTUCKET COUNTY ........... ... _.._..........._ ..1....a ••.••• !:,I NotaryPttblic =hews Peace -.� Received and Entered SKIM a `L� Mr Ooenmiaios e" VOTARY rumic.of 1 e.'.1 ICRSEY 19 _ x 10• kf°r"" Y� Attest 1tY C084MISSION G(Piiin ffA !. 1971 .x. ` ¢v �•I K. . (•Individual —Joint TeYtanb — Ttnants in Common — Tenants the Ea ' j MAR 11971 cHArrTA //.' 4S- A' I 185 SEC 6 As ASd f"D SY atArTTat 497 OF Isw I1Te,r dad pmented (or ,000rd sba]1 ewr a . b..e eoaooed upon it the fun same. muca 0 sad P- of- a'&— of .a. teclW d the amoast of the fair o midentioa thee-( is 1011— Oc the ndtaee d the other m oomdoo' thetelot, 1[ sot fateantmb +a moseut7 za The full mmiduat+oa Shull mesa the total txioe [a the ooa�eras t l be- t dedoaioa foe m/ ' of (_ r aaomed by the gastoe of OM+ai(s d1. All waft eadoocmmta asd todlaFa stall to aeaotdod u paK d tLa dc°d• .. { Pallas m mmptr iith t6u oazt a Shall sot afea the raldib' Of a, deed. No tgiuer d doe& abd i ecm" a deed for mwdma k Is is co pul= witb the mgai:Tmeab Of 66 .octioa. 01 Fla MAWWACHUWR UY Tt OURCU 09to aHOaR rot114 ONOIWOUAU MI Z 1!�`• a 157 Pace 310 Fie, Sheridan Harrod and Ruth Harrod Of 34 Hiawatha Blvd. Oakland, NJ 07436 brix�nvnafitd, Eor consideration paid, and in full eoasideration of One Dollar to Sheridan Harrod EMU of 34 Hiawatha Blvd., Oakland, NJ 07436 with qufttiahu tamuatdo the land in Nantucket, Massachusetts, being shown as: [Da ription Wad eoc> rabraace; if mll y Lots, 23, 25, 27, & 29, 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, { is recorded with the Na.-ttucket Registry of Deeds, Book 17,Page 50 _Consideration being less than $100.00 no stamps are required. 'i tiaess .,our.. hand and seal thls _.... ° 6 .......... day of - 1 9 ....... ......... 19....77 j..._.. ........... ... ...................... _ ........... .._� . _ .._ M ..� ._� .. ......__.._.._.._............�. 1 T�ATE OF NEW JERSEY u February °), f- LEI Then personally appeared the above named Sheridan Harrod �;� - ` ti sad adcnowledged the foregoing instrument to be their NANTUCKET COUNTY ...... ,= Received and Entered Nblic —J c'p ROTA Y fiSUl OF I:EtI )E.. 19 a jam_ A, My CQVyjasslOil iXY;a:s fE& 4, 1916 Attest (•Inddividsuall —^ joint'Teawts —To=ts in Gommoa —Tenmb by the Entirety.) r �lAR 11977 fr' `f A�PiAFTER ge s er AS AMENDM BY CRAFTER 497 OF 1969 B" dad presented for mord shall eontaia or ha,e mdoescd ttpoa k the full n"oe tesideart and pat o(bee sddteu of thegaaIre e sod a roarai of the nraoant aE the full snnsidcntioa dsereof la doUan cc the nature of she other a— id—doa da=dor. if sot ddiverad for specific Moa6V surer The full a ideratioa shall txan the total price for the aoaveyanct without deductioa for soy ll m at T.yr' eocumbranrrs usumcd by d e grace&« or semai ling dKmom All such coameames sad redws aWl be reoordod u pus of dse decd g Failure to comply with thi. aectioa on oot affea the validity of oy dad. No regisas of doeds %ball accept a decd for raordiag uakb k is in m pliaoce with the rcquiccmcab of this s"M r -f raw