The URL can be used to link to this page

Home My WebLink About041-946, q � - ---/ y BOARD OF APPEALS OF NANTUCKET TOWN OF NANTUCKET NANTUCKET, MA 02554 IN RE: THE APPLICATION OF File No. Map 80 SHERIDAN HARROD 041 -94 Parcel 40 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 r- Z— rn Z 0 approve without prejudice rn Z -1 Z approve, but with prejudice c. C-- C n -0 7' rn 0 o v m77m the withdrawl aO X � U ➢ in f ull of the said application. O (check one) 1 of so much of the said application as n �m Dated: -?c I 6d �ft ge , /�5� �J cuvv� ZL-�] It/. n WW 9 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. 041 -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 24 FIELD AVENUE, Assessor's Map 80, parcel 40, Registry Plan Book 17, page 50, lot 23. The property is zoned Limited Use General -II. - &9I �V (6j� Dale W. Waine, Chairman THIS NOTICE IS AVAILABLE ALTERNATIVE FORMATS. (508) 228 -7215. IN LARGE PRINT OR OTHER FOR ASSISTANCE CALL BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING D~ ate — NANTUCKET, MA 02554 O�- / ' CASE No. ttT`T�' APPLICATION FOR RELIEF Owner's name(s) : Sheridan Harrod c/o Reade & Alger Professional Corporation Mailing address: 6 Youna'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 - 40 Street address: 24 Field Avenue Registry Land Ct Plan,LPlan Bk & Pgj) or Plan File 17/50 Lot 23 Date lot acquired: 77 Deed Ref 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? or None C of 0? Building Permit appl'n. Nos. none Case Nos, all BoA applications, lawsuits: None State fully all .zoning relief sou ht 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 nonco�orming use). If appeal per 139 -3JA s B _ , attach decision or order appealed. OK to attach addendum . See attached Addendum. Items enclosed as part of this Application: oederl addendum2X Locus map x Site plan showing present . +planned structures Floor plans present propose elevations (HDC approved?_) Listings lot area f d rontage setbacks GCR parking data Assessor- certifie3 addressee IIst 4 sets =ma'il'ing labels 2 sets— J200 fee payable to Town.of Nantucket x proof-- 'cap' covenant — (If an appeal, ask Town'Clerk to send 'ffldg Com s record to BoA—.F I certify that the requested informatioh? submitted is substantially complete and true to the best of my knowledge, under the pains and penalties of perjjurv. / I X/ SIGNATURE: /' Applicant Attorney /agent KI 3(If not owner or owner's attorney, enclose proof of authority) FOR BoA OFFICE USE Application copies recd: 4tZor^ for BoA on�/�by One copy filed with Town Clerk on �/ �y complete ?� One copy each to Planning Bd and Building Dept a�by $200 fee check given Town'Treasurer on // b� waived? Hearing notice postq /N/ a11edl /lit )I & Hearing(s) on_/_/_ cont 'a to_,_/__/_, �`/� withdrawn? Decision due by_ filed See related cases lawsuits other W U0 L- CV W d L3 0Q !.jj CO Y W fr i= 0 W W UJ_ -i Y z F- z Cn 07 e--t �i N, I I� Y' > J jj 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 ;! Tv BOA Form 2 -89 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: 24 Field Avenue ASSESSOR'S MAP - PARCEL: 80 -40 LIST OF PARTIES INCLUDING ADDRESSES (OR SEE ATTACHED ): I certify that the foregoing (or the attached I ) lists all persons, natural or legal, who are owners of abutteng 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. -�- tc -- ssetsso j 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, 199.4 _ Reade & Alger Client: Harrod 03/24/94 07:40:09 Map Block Lot 0080 0110 0080 0109 0080 0150 0080 0149 Owner's /Co- Owner's Name YOUNG PATRICIA F PO BOX 2185 TOMKINS SARAH A TOMKINS SARAH A HARROD SHERIDAN 0080 0039 *TOWN OF NANTUCKET TOWN OF NANTUCKET OWNERS MAILING ADDRESS LIST Mailing Address /City State Zip 0019 FOLGER AVE NANTUCKET MA 02584 PO BOX 891 NANTUCKET MA 02554 PO BOX 891 NANTUCKET MA 02554 0034 HIAWATHA BLVD OAKLAND NJ 07436 0080 0042 HAIGH KATHLEEN 0021 FOLGER AVE PO BOX 965 NANTUCKET MA 02554 0080 0041 LONERGAN THOMAS J & SUZANNE B 0016 SAW MILL RD CONCORD MA 01742 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 = 11 Property Location 0019 FOLGER AVE 0019 FIELD AVE 0017 FIELD AVE 0020 FIELD AVE 0000 SURFSIDE 0000 SURFSIDE 0021 FOLGER AVE 0022 FOLGER AVE 0000 SURFSIDE 0000 SURFSIDE 0000 SURFSIDE PAGE 1 MUAS750 7.2 N 94 000 YowN Oi IH�.IT VCKCT � / � \ so 2Y v L e el -Iat / at h, z 97.7 o P/ol,E J R Z97.s s4TS c 1W/ NE Y J 116 � 1.9 A a ZV79 TEMPORARY ee aSo TURNAROUN 1.0 • 2X♦ Al � < T O 900 C R 58r 301 R e. 14 t 902 fco 6 e 6 � t.0 A BL�EBV \ et ERRY s t.o A to 2 - LtA ns LANE w a sa LaA LSA 4A� ~ ITa tl 121 ..a A rf tea 0 A 9.t ♦ IT2 Itl Se.S •Z I.O A h I�ot,A Iro +oA•gt y , 4..A.r f i. ,� /� 11 9 __ LO • _ see. lea 1.IA o�o� +t/ r2. SJ i. r :sa A �/ 1sT 2.t• IF zi tir Ita / STRcET // \ lag «1 J w tar tat ?Ve Ia4 t.a A' 1.5A .41 S.1 Y F DR If / lac / Nl .1 LA 1.44 ac 512 In _ 1.8<cc I.0A Ite ` /fA2 ,1. us I 141.1 cc 144. I 1.0 A '. wa 1 ♦ I; LoA lag ' A 1 IDS •e 2.1 i Le A IOa _ t.lA - >e Ial OWE rS N'r / I I.0A lot _ W z.a A ,M I IF It eA \ •O f7 112 llo LoA .0 A 4�s / rot, an IOe toe tea .' I IF 111 I.0A I.2A W.aA 42 w to a 1.1 .t'.. Q- O 4 / /a0 sa m K -24 otI If POND a4 3 NOBAD. ET -122 43 41, s4 yy N 90 00 / / ` :.z a ; sr -ISa' I REVISIONS et -zl eT.z e1 a I ee ,• •, ogle .Aec n IE oAlf ,ectl one veecEl GENO — eeeolee eet --l—led T 1 1 •' 1 (� \ 1 l 2. SS.A. teeolee N{nit,ctet Dleviet Committee of the 11 NT( II il'1d UC4oY Scowl. of Amaioa I��I� INfORMANOry SHOWN HfREON wAi 1 III'; lµ`� `I (��(��,�� 'Site llise COMPILED FROM AERIAL PHOTOGRAPH$. pE EDS, .ur..,u A AND PLANS Of RECORD AND IS NOT TO BE CONSTRUED AS HAVING SUfFIC IENT ACC UP ---- ACY FOR CONVEYANCE, 2 V MASSACHUD S OUtTCLAIM DIERD BHORT FORM OHDI"DUAL) 001 Von 157 wz: 3 0 9 We, Sheridan Harrod and Ruth Harrod of 34 Hiawatha 81vd.,Oakland, NJ 07436 being 11wndryied, for consideration paid, and in full consideration of one Dollar grants to Ruth Harrod • of 34 Hiawatha Blvd., Oakland, NJ 07436 with quWatm rout s I the 12=1 in Nantucket, Massachusetts, being shown as: [Descriptioc &M 6=A-b-Qa2, if ") 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 V03, Subdivision, that is recored with the Nantucket Registry of Deeds, Book 17,Page 50. Consideration being less than $100.00 no stamps are required. Intl t� d d tws ............ ....... day of .........February ........» U �( an SCSI ... - 19..." Ai't ..� ....................... .......................... . ................................................. tn� V elo-1 ........... .................................. .......... . ........................................................ ............................................................................... ........... . ............................................................... tate f w J M February, • lb,cn personally appeared the above named Sheridan b Parth Harrod and admowledged the foregoing instrument to be their /free 1,Tzarl d beftr i' NANTUCKET COUNTY ............ .. ........ �?; .. . ..... . .......... .. .. C�: . ...... Received and Entered NVAry PuUk"Justigiv IRENE I CAllLEY MY omuniukc CX ROTARY MOLIC OF U'ETI EPSEY 19 Aftest My CUmIssjoX Cein fEIL 4. (01odividud —joint Tenants —Tenants in Commoo—Teamtsby the Eatirdy.) MAR 11977 183 SEC. 6 As AMEMED BY CHAPrElt 497 OF 190, e er ot h"t emdotwd UP00 It the fun —me Reddeam AW P09 offla &d&T" of the *tMAM 7'... Cad a «dtd of .4detioa tbcrva in &Uon or the amum of &e odw aomidmdo& &erdo4 If not dd ='_.Arfsh —Ilia UWft&At7 S=. 7111 fall WCAWC06M Shall WCAU &C total Pr'o' for dR` C*aM&Qft Wdiow &dwtiw for cc =;Wd e .V &eroDcL AU &.& coAonewenu wJ tedbLb shall be ameow" " put the .th tj:b Do aff*a *r -4. No see *.Mr F.I. t. dw walk of -y d- of doe& andt oompt a &,ed foc It Is in cowpUaKe with the teqaLremeoft of dis section. Oil 1 WASSACNUaCTTS OUrTCWM oaa:D SHORT FORM 0Hotv1oUAV NI t" t ecoK 157 PAAA We, Sheridan Harrod and Ruth Harrod of 34 Hiawatha Blvd. Oakland, NJ 07436 ` baiu�axrru+riad, for consideration paid, and in full consideration of One Dollar grants to Sheridan Harrod of 34 Hiawatha Blvd., Oakland, NJ 07436 with qutttidw V=ttatds the land in Nantucket, Massachusetts, being shown as: [Description and coo;Wbeances, ff an] Lots, 23, 25, 27, & 29, as shown on Plan of Land in Nantucket, prepared for Auguste C. Ramos, Essex Survey Service, Inc. dated October 2, 1969 bearing Nantucket Planning Board File 1703, Subdivision, is recorded with the Nantucket Registry of Deeds, Book 17,Page 50 •'`,: Consideration being less than $100.00 no stamps are required. ii Ion" n .our.. hand and seal this ...... ° (O ............ day of .......Febr -UAX:y ........... 19.... .77 ,�..��. __..�..� ._.._.._. ............ _ .............................. .......... _. .� .. .... _ _ ......_.... ._ .......... . ...... _ ... ....... . ATTATE GF NEW JERSEY J ss February °t �0. ?9..7.7,• ; Then pemoaally appeared the above named Sheridan Harrod th and acknowledged the foregoing instnlment to be their "free noes atG - , _ W •, ��•� •,," a .l _ NANTUCKET COUNTY �a .. -��\ - - - -• ::..- - �; -:r; .Public— Jtrs66e,cf }• .'7: Received and Entered IR�NE J. G'.:�lst My Of I:L'N•7L._ . 19y „Q MY CO1.:*Aizioa1 iX?XS R& 4, 192$ Attest (.Individual — Joint Tenants — Tenants in Common — Tenants by the Entirety.) AR 11977 /��.�d A�QiAp'T'FR t,gy $ECG AS AMFTIDID By CRAFTER 497 OF 1969 ETen deed Presented for record shill contain Sort have endorsed Upon it the full name, tesidear am post ofhee address of the grgaanatreen and a roan, of the amount of the full coosi&mtioa dbercof In dotliss of the 0-0= of t a he aha ooasid 600 theedne, if not Ad escd for a specific anoe" sum. The full amsidentioo shall mcaa the tutil Frio, for the O)GvcT=cc without deduction for any llem or _ rncumbrassas axsumed by the grantee or c miining .bacon. All sum endoasemmb ad roatals shill be recorded as part of the decd F.ilure to comply with this section shall rot affect the validity of any dad. No register of doeds shall accept a decd for recording unless . X 6 is comptiaaoc with the "Uis� of this sauna