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HomeMy WebLinkAbout040-94f BOARD OF APPEALS OF NANTUCKET TOWN OF NANTUCKET NANTUCKET, MA 02554 File No. 040 -94 Map 80 Parcel 108 IN RE: THE APPLICATION OF RUTH 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 captionec; application, we (check one) the withdrawl (check one) acknowledge as a matter of right and without prejudice X approve without prejudice approve, but with prejudice x in full of the said application. Dated_ lggzl gllu d dWa 9-e t /rr99` of so much of the said application as n— r M m � c � z 0 oo CO, Ct,c�vtS2 Z0 Z:� -i Z xmn �31 m �U) M D0� o-n rQ -n sn -P6rn 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: RUTH HARROD Board of Appeals File No. 040 -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 22 FIELD AVENUE, Assessor's Map 80, parcel 108, Registry Plan Book 17, page 50, lot 24. The property is zoned Limited Use General -II. ap2w,, " 0 Da a W. Waine, Chairman THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. FOR ASSISTANCE CALL (508) 228 -7215. BOA Form 1 -89 NANTUCKET ZONING BOARD OP APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 n CASE No. � -`('/ APPLICATION FOR RELIEF Owner's name(s): Ruth Harrod Mailing address: /o Rea e & Al er Profes 4a1 Corpo ation g Young�s Way,gP.O. Boxby, Nantuciet, MA 02584 Applicant's name: Same Mailing address: Same Location of lot: Assessor's map and parcel number 80 - 108 Street address: 22 Field Avenue Registry Land Ct Plan, PlLnBk & P.g or Plan File 17/50 Lot 24 Date lot acquired: L/_L/77 Deed Ref 157,309 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? or N/A C of 0 ?_ Building Permit appl'n. Nos. None Case Nos, all BOA applications, lawsuits: None 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 (and 139 -33A if to alter or extend a nonconn orming 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: orders addendum2 x Locus map x Site plan- showing present . +planned structures Floor plans present proposed eleuatlons (HDC aapproved ?_) Listings lot area frontage setbacks GCR,� parking data Assessor - certified addressee Mst 4 sets x mailing labels 2 sets 200 fee payable to Town.of Nantucket x proof • 'cap' covenant (If an appeal, ask Town-clerk to send--Eldg Com s record to BoA7F I certify that the requested informatioii'submitted is substantially complete and true to the best of my knowledge, under the pains and penalties of pe ury.. SIGNATURE: ` Applicant Attorney /agent 3(If not owner or owner's attorney, enclose proof of authority) FOR Bob OFFICE USE Application copies reed: 4 for BoA One copy filed with Town Clerk ono/ / k '& complete ?L� One copy each to Planning Bd and Building Dept/ k�by � $200 fee check given Town Treasurer ont/�by `77waived? Hearing notice posted-q-/AgC mailed /�I & MYI✓ IAA —,�/—�-iW Hearing(s) one_/_ cont'd to T /.,_/_� _./x/,_ withdrawn ?__/_/_ Decision due by_/_/_ made _/_ filed TC maile . d ___/ —/_. See related cases lawsuits other W U Lo L- LO W N © U � Q Uj H W 0 W LC�jU Q P- Z i i Cn . Cn Cr � I � W Cr. LL 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: 22 Field Avenue ASSESSOR'S MAP - PARCEL: 80 -108 2 -8�� LIST OF PARTIES INCLUDING ADDRESSES (OR SEE ATTACHED ): I certify that the foregoing (or the attached _L) 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 Note: Applicant (petitioner) which zoning relief is sought, which might become involved in parcels for each abutter. I - - - - - , /' - - - t - ` Assessor;, Town of Nantucket � I � 10- 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 07:52:08 OWNER'S MAILING ADDRESS LIST Map Block Lot Owner's /Co- Owner's Name Mailing Address /City State Zip 0080 0110 YOUNG PATRICIA F 0019 FOLGER AVE PO BOX 2185 NANTUCKET MA 02584 0080 0109 TOMKINS SARAH A PO BOX 891 NANTUCKET MA 02554 0080 0151 SILIN MICHELE PO BOX 3277 NANTUCKET MA 02584 0080 0150 TOMKINS SARAH A PO BOX 891 NANTUCKET MA 02554 0080 0149 HARROD SHERIDAN 0034 HIAWATHA BLVD OAKLAND NJ 07436 0080 0107 BURTON WALTER E Pi v r'Cfc NANTUCKET MA 00001 0080 0106 *TOWN OF NANTUCKET 0080 0039 *TOWN OF NANTUCKET 0080 0041 LONERGAN THOMAS J & SUZANNE B 0016 SAW MILL RD CONCORD MA 01742 0080 0042 HAIGH KATHLEEN 0021 FOLGER AVE PO BOX 965 NANTUCKET MA 02554 0080 0040 HARROD SHERIDAN 0034 HIAWATHA BLVD OAKLAND NJ 07436 0087 0004 *TOWN OF NANTUCKET 0087 00032 CALABRESE STEVEN V & PATRICIA 0320 E 53 ST NEW YORK NY 10022 0087 00031 KELLEY PATSY A TR PO BOX 1147 THE SEA SCAPE TRUST MARBLEHEAD MA 01945 NUMBER OF RECORDS = 14 Property Location 0019 FOLGER AVE 0019 FIELD AVE 0017 FOLGER AVE 0017 FIELD AVE 0020 FIELD AVE 0000 SURFSIDE 0000 SURFSIDE 0000 SURFSIDE 0022 FOLGER AVE 0021 FOLGER AVE 0024 FIELD AVE 0000 SURFSIDE 0000 SURFSIDE 0000 SURFSIDE PAGE 1 MUAS750 7.2 $N 94 000 \` - --- - 0 ' 1o � . 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T I )v r� 1 \) \ \' I I (111d Boy stool. of Am.lica uc NANT I / / INEOM MAIION SHOWN HEREON DEEDS, `1 l lI Si1 COMPLIED FROM AERIAL PMpi ( r I IKK��, �1 .x'�' � 1{ AND PLANS Of RKOMD AND IS NOT ~TO $E - E I s s/ I (111 CONSTRUED AS HAVING SUFFICIENT ACCUR ��Il.la°01 ACT EOM CONVE >ANCE. 256 1 i i J i 1: = , joL1 MASSACNU.I @ QUITCLAIM DRIED SNORT FOAM (INDIVIDUAL) Nt ero� 151 mcz:309 � We, Sheridan Harrod and Ruth Harrod of 34 Hiawatha Blvd.,Oakland, NJ 07436 bring xwna Tied, for consideration paid, and in full consideration of One Dollar i t grand to Ruth Harrod • i of 34 Hiawatha Blvd., Oakland, NJ 07436 with quffristm rouramdo the laadin Nantucket, Massachusetts, be ing shown as: (D- riptioa and mambnnon, if Car} Lots 24, 26 Z 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. 10 it •ter h4nd and scat this `/ ....:u.r- ..... ............... ° ............. day Of .........February.......... 19...:f7 .. ............................... ..........................-----................. .............................._ i e4r ��Mtll����t�� „..:.. u February, 191T. : lb- personally appeared the above named Sheridan 6 Path Harrod and acknowledged the foregoing instrument to be their /1"/free before' , NANTUCKET COUNTY ed Receiv and Entered Notary Public— Ju�ics pact IRENE J. V. ILLY A r m ROTARY MOM OF K57 IMSEY 19 3 Attest �� W ColfiassiON CV,Rn IEa 4. 1971 y- (alndividual — Joint Tenants — Tenants in Coaunoa— Tenants by the En".) MAR 11911 ,.i. q,y 183 sEC. 6 AS AML2.IDPD BY afAP'fElt 497 OF 19b9 BTery doed prow tod I. tc.d a tnutda or have cordoned upon It the lull aamc aaldemm and port oFtte addles of the g�n,wobaewe and a recital of the amount of the full owddaatioa thercal in Julian or the astute of the other oo 1moadon.tberdo, if not ddhtfod fareotumb mooetan rum. The fall aonsidnation shall moo the wtal priad far the mmefantt without deduction for M Ileoa . aavxd b� the alaotee ex scmainuv thetaoo. All two tadooemenb Cad mdtab aha11 be aaeotdtd u p+tt of the It b to to comply iith t6L not a°Qertime�4 of rp deed. No se&w of Ace& abaB aeaept a deed for ntordina unity` i ;�r,cT" ' tumplknor with the - .1 J Ii SAASS&CHijecTTs QuffcLAAM Data SHORT IFORM (INDIVIDUAL) "I t awl[ 157 FAG,- 31 0 We, Sheridan Harrod and Ruth Harrod of 34 Hiawatha Blvd. Oakland, NJ 07436 hfjxjxxw-rjfd, for cowidmdosl paid, and in full consideration of one Dollar grutftto Sheridan Harrod of 34 Hiawatha Blvd., Oakland, NJ 07436 with quttriatat cmtetmats --j. the land in Nantucket, Massachusetts, being shown as (Dcwri;,doa &M eoCuwbc&WCs. If "I 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 1703, Subdivision tG is recorded with the Nantucket Registry of Deeds, Book 17,Page 50 .Consideration being less than $100.00 no staups are required. j5duso..,our.- hand and seal this...... .......... - &Y of .......Pe ruazy ........ —19 .... 27 -- - — --------- — - - ----------------------- --------------------- . . .. . . ........... . . ........................................ $TATE OF NEW JERSEY ss 04t February Ilen pawaafly appeared the above named Sheridan Harrod and admowledged the foregoing instrument to be their .free NANTUCKET COUNTY .... .. ....... Received and Entered p6k IREf�[ J. U--.� �tl MY C01111.14ISS10"1 LxpiR' Attest IS (E& 4. 19A (*individual — joint Tenants — Tenants in Common — Tenants by the Entirety.) AAR�"('l 1977 4�p�-Ell IA V AMENDED BY GRAPIER [97 Of 1969 &C6 AS Evay dud presented for 'record stall contain or base endorsed uPoo It the full —me midtoce AM "t office ad&w of the grantm and a roatLI of the Linoorit Of the full ennsideratioa dwfca in doua,, or the astute of the odxx o—idc-tioo tberdor, if not Adive" lot a spiTific without Lductioa for wy ll� � The full �'�km!ixm aWl � the to"I prior for the as of decd cocumb by the grnim of rcnmi�ing tbeivoo- All such endorsements am P.A &c F.iliac to comply with this —ii— shall not iiffca the r41idity of any gicel No register of deeds shalt iwccjx a deed for rm"ding unlru k 6 in i:*.P1iai:e with the requ—na a( this "—