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Home My WebLink About024-87 (2)TOWN OF NANTUCKET (23 cD S17 BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Y- ncumA Z3, ) 9 g7 Re: F(ZRl-I-'LIA) P. AAZ SAA)WJi C. "-0WLC < �U?Jq- Enclosed, please find notice of a decision of the BOARD OF APPEALS which has this day been filed with the Town Clerk. Any appeal from this action shall be made pursuant to Sec -tion 17 of Chapter 40A of the General Laws, and shall be filed within twenty (20) days after this date. r William R. Sherman, Chairman BOARD OF APPEALS ti BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, MARCH 13, 1987 at 1: 30 p.m. in the Town and County Building, Nantucket, made the following Decision upon the Application of FRANKLIN P. AND SANDRA CHADWICK (024 -87) address 144 Polpis Road, Nantucket, MA 02554. 1. Applicants seek a VARIANCE from the 40,000 SF minimum lot size requirement of Zoning By -Law SECTION 139 -16A to validate an otherwise non - conforming 17,085 SF lot in single- family residential use. The permises are located at 140 POLPIS ROAD, Assessor's Parcel 44 -009, Land Court Plan 14311 -W, Lot 30 in the zoning district LIMITED USE GENERAL -1. 2. Our findings are based upon the Application papers (in this and related file 118 -86), and submitted excerpts from the 1972 and 1973 Zoning By -Law and map, representations and testimony received at our hearing. We find that Lot 30 was created by Applicants' predecessor through approval- not - required subdivision endorsed 12/15/729 of a Lot 11 (Land Court Plan 14311 dating from 8/14/66) along with Lot 29 also on the Polpis Road. Each lot had a pre - zoning single- family dwelling on it, and each at the time of the ANR subdivision (which was promptly followed with registration in the Land Court, per Applicants' counsel), conformed with the then - required 5000 SF minimum lot size and 75 -foot frontage. Non - conforming use of Lot 30 arose with upzoning from the 1972 require- ments for the "Residential" district to those of the "Limited Use General -1" Area 1, approved by the Attorney General June, 1973. Accordingly, from June, 1973, the single - family dwelling and its dwelling use on LOt 30 have been "structures or uses lawfully in existence ... beforethe first publication of notice of the public hearing on the by- law ", i.e., the June, 1973 amendment and its aftermath requirements of 40,000 SF minimum lot size and 100 -foot frontage. 3. According to the initial provisions of Section 139 -33A from which the preceding quote is taken, such structure and use of Lot 30 remain (024 -87) -2- lawful, notwithstanding the LUG -1 requirements, unless and until such requirements are caused to apply by reason of "any change ... of such use ..." etc. Hence, no Variance is required to continue unchanged the single- family use. 4. As we understand it, not only Lot 29 but also Lot 31 abutting to the north have been in common ownership with Lot 30. Lot 31 came into Applicants' ownership after its ANR subdivision from Lot 32, endorsed 1/23/76. Lot 31 is unimproved with sufficient lot size but not the required 100 -foot "frontage" as defined in Section 139 -2. Lots 29, 30 and 31 may be reconfigured so that each resulting lot conforms with current zoning. If, however, Lot 29 and /or 31 is, by a transfer, no longer in common ownership with Lot 30, the use of Lot 30 may legally be so altered as to lose its grandfathered status under Section 139 -33A. The grandfathering exemption provided by Section 139 -33E is not available to Applicants by reason of such common ownership of "adjoining land ". For zoning purposes, 29, 30 and 31 may be treated as one "lot" as defined in Section 139 -2. See our Decision on Lot 31 in 118 -86. 5. Under these circumstances and the unfavorable recommendation of the Planning Board, we are unable to make any of the findings required by Section 139 -32A for grant of Variance relief. Indeed, Applicants' counsel at the hearing appeared to concede this, given cur finding (in Paragraph 3 above) that the present non - conforming use is lawful so long as unchanged. 6. Accordingly, by UNANIMOUS NEGATIVE vote of this Board, Appli- cants' requ...est for a VARIANCE is DENIED. Dated: March Z 3 , 1987 Nantucket, MA 02554 " William R. Sherman 4,are_U,? CX., L fi, C. Marshall Beale Andrew J. Leddy, Jr. 4) NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, FEBRUARY 27, 1987 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Applica- tion of FRANKLIN P. AND SANDRA CHADWICK (024 -87) seeking a VARIANCE from the 40,000 SF minimum lot size requirement of SECTION 139 -16A to validate an otherwise non - conforming single - family residence on a 17,085 SF Lot 30 held in common ownership with 1.11 acre Lot 29 (Assessor's Parcel 44 -010) and 1.14 acre Lot 31 (Assessor's Parcel 27- 034.1), the latter on Top Gale Lane. The premises are at 140 POLPIS ROAD (Lot 29 is at 144), Assessor's Parcel 44 -009, Land Court Plan 14311 -W, Lot 30, and zoned LIMITED - USE- GENERAL -1. William R. Sherman, Chairman /VL, BOARD OF APPEALS BOA Form" 1 -87 No:. CQ,4 ARPEICATION'; NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") Owner.' s name(s): FRANKLIN P. & SANDRA CHADWICK Mailing address: 144 Polpis Road, Nantucket, Massachusetts 02554 Applicant's name : Same Mailing address: Same Location of lot(s): Assessor's map and parcel: 44 =9, 44 -10 & 27 -34.1 Street address 140 & 144 Polpis Road Registry LC PL, 1Mx 4XFg�xxjiRx)pL14311W & 14311XLots 19:,:-30, & 31 Deed ref. C/T 7016 Subdivision 14311X Endorsed i / 23/76 ANR? 14311W 12/15 72 Date lots) acquired: 11 / 30/ 73 Lots 29•& 30 Zoning district LUG -1 Number of dwelling uni s26g61ot �'S) :1 1 each on 29 & 30 Rental guest rooms None Commercial use on lot(s): None MCD? No Building date(s): all pre -'72 zoning? yes or .Building permit application -Nos. and dates N. A. C of 0? Case No(s). or dates all prior BOA applications: stone State fully all zoning relief sought together with all respective Code sections and subsections, specifically, what you propose compared with present and what grounds you urge, for BOA to make each finding per Section 139 -32A if Variance, -30A if Special Permit, -33A if to alter or extend non - conforming use, or to reverse Building Inspector byyAppeal per -31A & B: Applicant seeks a variance from the 40,000 sq ft minimum lot size requirement of Section 139 -16A to cure the nonconformity of Lot 29, a sub - minimum developed lot contignous to conforming lots all of which are held in common ownership � TM.,, etition ui : ► 't � :,f the List of parties in interest . e matt P Name, Address Property Addresses L p0`/./ r = . '- . . ~ASSESSOR'S DATA FILE �UPDATED- O2/O5/87 TOWN OF NANT(]C��T ' �W�~ � PARCEL NAME & BILLING ADDRESS PROPERTY DESC AND SALE I� ....... - .... .... - ........ - .... .... -------------------------- -------~~---------------------------- ~ '0027-006 BOYD WALTER W & RUTH G ETAL 0060 SHAWKEMO RD *CHANGED 6740 WILSON LN CERT-0004765 / /63 - BETHESDA MD 20034 LOT 23 LC PL 14311-Y � � �� _�� ------------------------------------------------------- ------- ----------- - 0027-007 KAYE ROBERT M 0017 TOP GALE LN ' *CHANGED 60 MONMOUTH PK }O3WY CE] [-0010320 11/ /82 - W LONG BRANCH NJ 07764 LOT 43 LC PL 14311-4 _ - -------------------- - - ----------------------- - ---------------------------- - 0027-014 HARTER ISAAC JR & JANE FAY 0150 POLPIS � � RD *CHANGED 150 POLPIS RD CERT-0005252 / /66 NANTUCKET MA 02554 LOT D LC PL 14311-A ��_ ___-_. _ -------------------------------------------------------------------------- 0027-015 CHADWICK ALCON H ETAL 0000 SHAWKFMU *CHANGED WOODSIDE RD CERT-0007701 - HARVARD MA 01451 LOT 22 LC PL 14311-S RIGHT OF WAY '-___ -------------------------------------------------------------------------- 0027-016 CHADWICK JULIA K 0148 POLPIS RD '- *CHANGED WOODSIDE RD CER[-0007701 HARVARD MA 01451 LOT 21 LC PL 14311-S F1f:iSE S£3(: R 9 S DATA FILE E *LJPI:+A T'h:T: — 02/05/B7 TOWN OF NANTL VI tape- 1::,ARCliA.. NAME & BILLING ADDRESS PROPERTY I:►ESC: AND SALE I1 0027° -031 Itil::.i..LY f:LE::NORA L. 0010 FULLING MILL RD : <CI-IT►NGE: D 10 FULLING LING M I.L-L RD CE RT-- 0005 1 4 3 ! /59 NANTUCKET MA 02554 LOT 15 I...0 PL 14311-P 0027-032 SMITH GI...ENC)RA KL.I...LY 0000 F'(]l...P I S XC:HANGE: D 21 HOYDENS hl:Ll...l... CERT- 0004991 ! /64 F'A I RF I EL. D CT 06430 LOT 14 LC PL. 14311-P 0027-033 I't(:31°tiDEN i <t -lREN KELLY 0000 PCT!_.P:LS *CHANGED D 661 6 ROYAL OAK OT CE::R °-0004980 / /64 TUCKER GA :30084 LOT 1:3 LC PL. 14311—f-:' 0044-0071 VON PEC.:1•iMANN FREDERICK ICK & 0137 1°`fal...PIS RD CHURCH FRED A .Jt; WCHANGE::D 47 SUNSET HILL RD Cf-RT-- 0011:311 OB /15/84 $125,000 :: >Tt'i::7T;: URY CT 06070 LOT 11 LC PL 10999 -•F 0044-0072 S:i:l-.I...IMAN JOHN E & JENNIFER 0139 1°'(]I..PIS RD C/O JORDAN L UC IL.L E A *CHANGED POL...P I S RD CE::R'I •• -001. 055 7 06/ /83 NANTLJ(::itiET MA 02554 LOT 12 I..C; PL. 10999 -..F. . - ^��, � ASSESSOR'S DATA FILE OUPDATED- 02/O5/87 TOWN OF HANTUCm�/ pARCEL NAME & BILLING ADDRESS PROPERTY 0ESC AND SALE It ' ------------------------------------------------------------------------' 0044-0073 SILLIMAN JOHN E & JENNIFER 0141 PO\_PIS RD _ C/O CUMBIE RICHARD L & S *CHANGED 33 UNION ST CERT-0010557 06/ /83 NANTUCKET MA 02554 LOT 13 LC PL 10999-F - - �� ------------------------------------------------------------------....... 0044-008 RICHARDSON EMILINE H 014/ POLPIS RD --- - *CHANGED 1.103 GREGSON ST CEHT-0010962 01y24/84 $1 DURHAM NC 27701 LOT 1 LC PL 10999-C -------------------------------------------------------------------------- 0044-012 TIMBERS ELIZABETH L 0151 p0-PlS RD UNIT 3O71 «CHANGED 6845 WILLOW WOOD DR CERT-0006729 01/ /73 DOCA RATON FL 33434 LOT 6 LC PL 10999-E - '--- _- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- ------------------------------ 0044-027 NANTUCKET CONSERVATION FOUND INC 0143 P[LPIS RD EXEMPT *CHANGED 118 CLIFF RD CERT-0008290 05/ /78 NANTUCKET MA 02554 LOT 2 LC PL 10999-C NCF 100% TOWN OF NANTUCKET BOARD OF APPEALS . �. NANTUCKET, MASSACHUSETTS 02554 April 17, 1987 Ms. Madeline G. Perry Town Clerk Town Building Nantucket, Massachusetts 02554 Re: Franklin P. and Sandra Chadwick (024 -87) Dear Ms. Perry: Enclosed herewith please find a corrected Decision of the Board in connection with the above captioned matter which decision supercedes and replaces the prior Decision dated March 23, 1987 and filed with your office on that date. Respectfully, BOARD OF APPEALS By: William R. Sherman Chairman Enclosure �rtif �,u0 17, r- BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: Corrected April 17, 1987 The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, MARCH 13, 1987 at 1:30 p.m. in the Town and County Building, Nantucket, made the following Decision upon the Application of FRANKLIN P. and SANDRA CHADWICK (024 -87) address 144 Polpis Road, Nantucket, Massachusetts 02554. 1. Applicants seek a VARIANCE from the 40,000 SF minimum lot size requirement of Zoning By -Law SECTION 139 -16A to validate an otherwise non - conforming 17,085 SF lot in single - family residential use. The premises are located at 140 POLPIS ROAD, Assessor's Parcel 44 -009, Land Court Plan 14311 -W, Lot 30 in the zoning district LIMITED USE GENERAL -1. 2. Our findings are based upon the Application papers (in this and related file 118 -86), and submitted excerpts from the 1972 and 1973 Zoning By -Law and map, representations and testimony received at our hearing. We find that Lot 30 was created by Applicants' predecessor through approval- not - required subdivision endorsed 12/15/72, of a Lot 11 (Land Court Plan 14311 dating from 8/14/66) along with Lot 29 also on the Polpis Road. Each lot had a pre- zoning single - family dwelling on it, and each at the time of the ANR subdivision (which was promptly followed with registration in the Land Court, per Applicants' counsel), conformed with the then - required 5000 SF minimum lot size and 75 foot frontage. Non - conforming use of Lot 30 arose with upzoning from the 1972 requirements for the "Residential" district to those of the "Limited Use General -1" Area 1, approved by the Attorney General June, 1973. Accordingly, from June, 1973, the single - family dwelling and its dwelling use on Lot 30 have been "structures or uses lawfully in existence ... before the first publication of notice of the public hearing on the by -law ", i.e., the June, 1973 amendment and its aftermath requirements of 40,000 SF minimum lot size and 100 -foot frontage. 3. In addition to Lots 29 and 30, Applicants own Lot 31, Land Court Plan No. 14311 -X, which abuts said Lots 29 and 30 on the North. Said lot 31 , vacant land, was created by Applicants' predecessor through approval- not - required subdivision endorsed January 23, 1976. 4. According to the initial provisions of Section 139 -33A from which the quote at the end of paragraph 2 above is taken, such structure and use of Lot 30 remain lawful, notwithstanding the LUG -1 requirements, unless and until such requirements are caused to apply by reason of "any change ... of such use etc. Hence, no Variance is required to continue unchanged the single - family use. 5. Under these circumstances and the unfavorable recommendation of the Planning Board, we are unable to make any of the findings required by Section 139 -32A for grant of Variance relief. Indeed, Applicants' counsel at the hearing appeared to concede this, given our finding (in Paragraph 4 above) that the present non - conforming use is lawful so long as unchanged. 2 6. Accordingly, by UNANIMOUS NEGATIVE vote of this Board, Applicants' request for a VARIANCE is DENIED. Dated: March 23, 1987 Nantucket, Massachusetts 02554 C XW14� R::�- C. Marshall Be 1 �17, p.Glf 19f 7 �4aa William R. Sherman 4kayzw 1 /, ;/"— -C�l e- - 1 -4 Andrew J. Ledd ,—Jr. - / F 3