RICHARD A. SAVERY and JANICE SAVERY v. WILLIAM B. DUANE, as trustee of the W. DUANE REALTY TRUST; WILLIAM B. DUANE, as trustee of the W&C DUANE REALTY TRUST; KEVIN L. HARMON, JR.; and the TOWN OF NANTUCKET.

This case, commenced in this court December 13, 2012, came on to be tried to the court (Piper, J.). In a decision (“Decision”) of even date, the court has made findings of fact and rulings of law, and has decided that judgment granting declaratory relief is to enter.

In accordance with the court’s Decision [Note 1] issued today, it is

ORDERED, ADJUDGED, and DECLARED that as of the effective date of the zoning bylaws of the Town of Nantucket, July 27, 1972, 21 Austine Locke Way (Lot 2) and 19 Austine Locke Way (Lot 3) were held in common control and effective common ownership by William and Carolyn Duane so that these two lots did not separately qualify under the “single lot exception” of G.L. c. 40A, § 6, paragraph four, which benefits only lots “not held in common ownership with any adjoining land...” Those lots as of that date were “merged” for zoning purposes, and at all times thereafter continued to be merged and unentitled to the statute’s single lot exception. It is further

ORDERED, ADJUDGED, and DECLARED that as of the acquisition by Carolyn Duane on September 28, 1973 of title to One Caroline Way (Lot 1), Lot 1 was held in common control and effective common ownership by William and Carolyn Duane with Lot 2 and Lot 3, so that these three lots did not separately qualify under the “single lot exception” of G.L. c. 40A, § 6, paragraph four, which benefits only lots “not held in common ownership with any adjoining land...” Those lots as of that date were “merged” for zoning purposes, and at all times thereafter continued to be merged and unentitled to the statute’s single lot exception. It is further

ORDERED, ADJUDGED, and DECLARED that since 1972, Lot 2 and 3, and, since 1973, Lot 1, each have been too small separately to meet the minimum lot size requirements of the Town of Nantucket’s zoning requirements so as to qualify for the issuance of a building permit as of right. It is further

ORDERED, ADJUDGED, and DECLARED that Lot 2 is not protected by the single lot exception embodied in paragraph four of G.L. c. 40A, § 6. Lot 2 is not a buildable lot because it does not meet dimensional requirements of the Town of Nantucket zoning bylaws. It is further

ORDERED, ADJUDGED, and DECLARED that plaintiffs Richard A. Savery and Janice Savery as holders of a right of first refusal (“ROFR”) as to Lot 2, granted by William and Carolyn Duane, as trustees of the W. Duane Realty Trust, embodied in the Grant of Right of First Refusal as to Lot 2–granting the ROFR at issue in this case–dated January 4, 2006 and filed in the Nantucket Land Registration District of this court as Document No. 114796 on January 5, 2006, noted on Certificate of Title No. 15322, were, by virtue of the notice dated December 24, 2012, given due notice under that ROFR of the offer to purchase Lot 2 made by defendant Kevin L. Harmon, Jr. The plaintiffs received requisite notice of a bona fide offer to purchase, as required by the ROFR, and did not timely and validly exercise their rights of first refusal as to Lot 2 pursuant to the ROFR. It is further

ORDERED that today’s Decision and this Judgment dispose of this entire case; the court has adjudicated all claims by all parties in this action and has not reserved decision on any claim or defense. It is further

ORDERED that no other relief, and no damages, costs, fees, or award of any amounts, are allowed or made by the court.