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Home My WebLink About014-98TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: i' ~ `~CI/~' 3 ~ 19 98 _.~_ To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 014-98 Owner/Applicant: J. DREW DEELEY AND LEIGH BARYON DEELEY Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the Decision must be brought by filing an complaint in court within TWENTY (20) days after this day's date. Notice of the action with a copy of the complaint and certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20 ) days . ___ Dale W. Waine ~ Chairman cc: Town Clerk Planning Board -~ ----- - ~ ~--~ Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS~AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED-UPON ACCORDING~TO NANTUCKET ZONING•BY-LAW §139-30I (SPECIAL PERMITS); §139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. RECEIVEC - T CLERK'S OFF NAN CKFT. M 554 APR 1998 ,~~~`~ TIME: CLERK: TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 Assessor's Map 40 Parcel 104 LUG-2 7 Maxey Pond Road Land Court Plan 8852-V Cert. of Title 17,925 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., Friday, March 13, 1998 iri the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of J. DREW DEELEY AND LEIGH BARYON DEELEY, of P.O. Box 452, Nantucket, MA 02554, Board of Appeals File No. 014-98, the Board made the following Decision: 1. Applicants are seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-24A(3)(c) (Rate of Development - covenants). Applicants are asking to be released from the Residency Covenant dated June 12, 1997 due to a change in personal circumstances. The Premises is located at 7 MAXEY POND ROAD, Assessor's Map 40, Parcel 104, Land Court Plan 8852-V, Lot 46. The property is zoned Limited-Use-General-2. 2. The Decision is based upon the Application and materials submitted with it, and the testimony and evidence submitted at the Hearing. The Planning Board made no decision as the matter was not of planning concern. There were no letters in the file. 3. Applicants represented that due to changing circumstances that were forcing the sale of the newly constructed house. Covenant release would be necessary to sell the house at fair market value. The single-family dwelling was situated in an area of homes that were predominately used on a seasonal basis. Having a Covenant that required the structure to be used as a year-round dwelling would reduce its market value. 4. Therefore, the Board finds mitigating factors that would uphold a release from the Residency Covenant dated June 12, 1997 and that strict conformance with said Covenant would impose an unreasonable personal and financial hardship upon the Applicants by reason of the change in personal circumstances which arose subsequent to the execution of the Residency Covenant. The imposition of the Covenant would severely impair the marketability of the structure and it would interfere with their immediate need to sell the house as quickly as possible at the best possible price.- 5. Accordingly, the Board, by a unanimous vote, GRANTS the requested SPECIAL PERMIT under Nantucket Zoning By-Law §139-24A(3)(c) to be released from the Residency Covenant Dated : !/~-~~. 31 ~ l 2~! 8~ dated June 12, 1997. ale W. Waine Linda F. illiams v , Timothy Madden ~ECE11i , TOWN CLERK'. ;~=FiCE NANTUCK~', p ~ ''554 MAR 31 X998 TIME: L ~. ~ ~ ~ ____ CLERK:_~ ~~ TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 NOTICE THE MEETING TO CHECK THE TIME A SPECIFIC-APPLICATION WILL BE HEARD A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1:00 P.M., FRIDAY, MARCH 13, 1998, in the CONFERENCE ROOM, TOWN ANNEX•BUILDING, 37 WASHINGTON STREET, Nantucket, Massachusetts, on the Application of the following: J. DREW DEELEY AND LEIGH BARYON DEELEY BOARD OF APPEALS FILE N0. 014-98 Applicants are seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-24A(3)(c) (Rate of Development - covenants). Applicants are asking to be released from the residency covenant dated June 12, 1997 due to a change in personal circumstances. The Premises is located 40, Parcel 104, Land Court Plan Limited-Use-General-2. RECEIVE® TOWN CLERK'S OFFICE NANTUCKET, I~/IA 02554 FEB 2 5 1998 TIME: CLERK: at 7 MAXEY POND ROAD, Assessor's Map 8852-V, Lot 46. The property is zoned Dale W. Waine, Chairman THlS NOTICE IS AVAILABLE IN LARGE PRINT O~R C~THCR ALTERNATIVE. FORMATS. FOR _ ASS~ISTANC~E LALL _ ~_ __ ,~,1...,, ;; "~~ BoA Form 1-89 N~TTOWNTANDNCOIINTY ~UILDINoPEALB Date NANTIICRET, MA 02554 CAGE No. Q~ t -1~ APPLICATION FOR RELIEF /'e gee e ~ec~ e Owner's name(s): / O' 2 S I Mailing address: Applicant's name• ~~~ Mailing address: ~ O~VYL-Q ~- ~ ~ Location of lot: Assessor's map and parcel number Street address : ~~ Q ~ C~a P1 File o~^I/ ~,ot~ Registry Land Ct Plan, P~.a~c~k. &~ ~ ~. Date lot acquired• ,_/~_ ne~l Ref ~,~,,.~~ Zoning district ~oZ- • MCD? Uses on lot - .commercial:' None ~ or - number of: dwellings ~ duplex apartments rental rooms C of O? Building date(s): all pre-8/72? or ~ ~ 9 7 Building Permit appl'n. Nos. Case Nos all BoA applications, lawsuits : (~~~"~~ ~v/.(0 State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose compared er Section and what grounds you urge for BoA to make each finding p 139-32A if Variance, 139-:OA if a SuseiallPfea lealaper113933~A if to alter or extend a nar~con~orming )• pp & B attach decision or order appealed. OK to attach addendum . ( ,~ a Y~c~i n ~ cea(e~~ mo-ec-vm~ Items enclosed as part of this Application: orderl addendum2__ Locus map Site plan showing present +planned structures Floor plans present proposed elevations (HDarkingodata ) Listings lot area -frontage setbacks GCR~ p Assessor-certifie3 addressed ist 4 sets ma~ling labecovenants 200 fee payable to Town of Nantucket proof cap (If an appeal, ask Tom Clerk to send Bld Comr s record to BoA~ I certify that the requested information submi ted is substantially complete and true to the best f my knowledge, under the pains and penalties of perjury. SIGNATURE: ~ Applicant Attorney/agent 3flf not owner or owner's attorney, enclose proof of authority) FOR BoA OFFICE USE Application copies recd: 4___ or for BoA one by ~~~ One copy filed with Town Clerk on~5~_„_ by /-~ complete? One copy each to lann'ng Bd a d Building Dept~l~ 9 by ~ p / j~ ,~ e check e~S; Tow~e asurer ort by waived? $200 fe g Hearing notice posted ~a mailed,~~~2~~~2 & M~~.~ ~~-L- Hearing (s ) on_„/~!, cont' ~:~ to~~_, ~.~_ withdrawn?~~._ Decision due by~,~_ made~~_, filed TC~~_ mailed~~_ See related cases lawsuits other Statement of Requested Zoning Relief The undersigned owners (the "Applicants") of 7 Maxey Pond Road, Nantucket, MA (the "Property") hereby petition the Board of Appeals pursuant to Section 139-24 A. (3)(c) of the Nantucket Zoning Bylaw for a Special Permit granting the Applicants relief from the terms of a residency covenant (copy attached) dated June 12, 1997 with respect to the Property for the following reasons: The Applicants purchased the Property on or about June 12, 1997 and began construction of a small home (the "House") which they projected to cost approximately $125,000 above the $325,000 purchase price paid for the lot. 2. The Applicants had anticipated selling the Condominium Unit in which they resided prior to or shortly after the commencement of the construction of the House. The Applicants had also anticipated that they would reside together in the House once it was completed. 3. While the House was being constructed, the Applicants began having marital difficulties and they have been living separate and apart for approximately one and a half months. 4. The cost of the House exceeded the Applicants' cost estimates by approximately $100,000 and the Applicants are unable to cover the cost of such overruns out of currently available assets. 5. The Applicants have been unable to sell their Condominium Unit and now that they are separated, the Applicants are faced with the substantial carrying costs of maintaining three (3) separate residences. 6. The carrying costs of the three (3) residences exceeds the total net income of the Applicants by a substantial margin. 7. The Applicants have concluded that they will not be able to live together in the House and that the only way to stave off financial disaster is to sell the House as quickly as possible at a price which is sufficient to pay off the total indebtedness of $550,000 which they have incurred to build the House. 8. The Applicants have been advised that the residency covenant will severely impair the marketability of the House and that it will interfere with their immediate need to sell the House as quickly as possible at the best possible price. 9. Accordingly, the Applicants seek relief from the terms of the residency covenant based upon the fact that strict conformance with the covenant will impose an unreasonable personal and financial hardship upon the Applicants by reason of their marital and financial difficulties which arose subsequent to the execution of the covenant. 10. The Applicants acknowledge that they will not be permitted to execute another residency covenant for the unexpired portion of the existing covenant. Respectfully submitted, J. ew Deeley Leigh arton Deeley C:\M&MDOC S5\CLIENTS\DEELEY\ZON ING. REL COVENANT Cl ~ ~~~ r~~~~. -' ~ ~l ~ ~ y L~ ~1 For and in consideration of the issuance of a .building permit and pursuant to the provisions of Nantucket Code 139-24.A.(3), we, J. DREW DEELEY and LEIGH B. DEELEY of Nantucket, Nantucket County, Massachusetts, as the owner of that certain parcel of land, now known and numbered as 7 Maxey Pond Road, shown as Lot 46 upon Land Court Plan 8852-V (the "Premises") by virtue of Certificate of Title No. ~~ hereby covenant and agree with the Town of Nantucket as follows: 1. We are natural persons domiciled in Nantucket. 2. The dwelling upon the Premises will be occupied for a year-round residence of a Nantucket resident and will not be offered for seasonal rental for so long as this Covenant is in effect. 3. This Covenant shall remain in effect for a period of five years from the date of the issuance of a Certificate of Occupancy for the dwelling to be constructed upon the Premises under such building permit. Executed and sealed on June ]1- 1997. •~ ~~~ J. Drew Deeley t~,~` 6 Leig B. Deeley COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. June 1997 Then personally appeared the above-named J. Drew Deeley and Leigh B. Deeley, and acknowledged the foregoing instrument to be their free act and deed, before me, ///~~(~~I \J(~ ,) ~ ~ ~ ~ / Notary ~'ublic i~Sv commis=ion expires: r ~,~ ~ b J v`~/~_ JUh! 1 21997 GA?E I - ~jG T1ME Recd & Entered Nantuck~st Registry Di"t'iCt _ Doc. ~(~~.~~~ ~ cert. ai Title I ~7~f 2 Rttast S~ ndra hA. Chadwick ~ 'V 52 4 .of 5 ! \, ~~ 1 i / ~- /' I I I i Sca/e of this p/on 120 feet to inch. /MH-01A40 v m a z a h µ Q Z V ~l i Z w O '\ ti h J ~ 2 `~ r, O ~ //tea - ~` ~T ~y~ST E~Q -~, ST~4F~cT.; U h f~. n 0 i L 1 W 3 SUBDIVISION PLAN OF LAND IN NANTUCKET John J. Shugrue, Inc., Surveyors February 18, 1994 :t ~. 8852 KEY SHEET Sheet 1 of 5 o ~ ~ n 4 Z~52e ~' ~g PSo° No ~~ ~' ~~ ~ r t 1 I~ ' _ `~ try ~ yy~ ~~ -~ ~ ~ ~v ~ ~m~ J~O ~~ ~ ~ z ~yry ~'~ yra I ~~ , ~ ~ Q 0 ~~ ' 6 ~`~ ~ a $~ ~ 47 48 4 9~ ; 28 `~ ~ ~ ~ P I (I , I ~ Pfon No. 8852E J r ~~ ~~ 46 k ~ O , I J ~ ,J A55 9 P ~ _ - --__ -- ----- N ~~°~ - p ~ ~ 0 4' Z ; i , ~~° ~ ~ , ~`e~ , ~ 541 a i ~ e~a° ,~ 53 0 ~ ,, ' M/LL~ROOK RD. ', ~ Z~ i ~ N ~ ~ , ' 5~ ~ Sheet I , t sae o ; ~ _ " ~ ~, ~ 40 I ~ 43 ~ ' z ' 0 ' ~ ~ ~ S~ _ ' ' ? ~ 3 ~ 4 O h 1 U i GROUND BURYING 4 ~ ~ ; ~ letors of the Prof Undivided / rj ~iL ;~ , iq~ ' 8 3 Common the Island Lands °nof ~ Sae ShQel ~ ) d ' Plop No. 8B52J 8852E No Nantucket ' i . Plan Cert. No, 4327 ~ ~ . r-WAY Louisa Subdivision of Part of Lot 23 Shown on Plan 8852-0 Fled with Cert. of Title No. 11534 Registry District of Nantucket County Separate certificates of title may be issued for land shown hereon and n sh is 2 thru 5 as Lots 40 thru 4 By the Court. FEB. 22, 1995 Reco JMH-0OBM Abutters are shown as on original decree plan. Cony of ppart o! pion h7ed n - LAND REGlSTR4TION OFFlCE FEB. 22, 1995 Scde of this p/an240feet to an inch Louis A. Poore, Engineer for Court Z~AIN6 CLASSIFlCATIO~ ~uG-2 EXISTWG: ONLY ORIGWALI.Y STAMPED AND ENDORSED COPIES OF THIS PLAN ~, A~ , , , , , ao,ooo ,sF, , , ~ o2~s2ot sF SHALL 8E ACKNOWLEDGED !~Y MW. FRONTAGE:...150. ~... . $~E. ?44N . THE CERTIFYING LAND SURVEYOR. FRONT YARD S.B.:.. ~5 .~! ... ... " .. . REAR do SIDE S.B.: .15. EL .. ... " . . GROUND COVER (~:..4. x ... .. ? % .t . (867 ~S.F.t) '9w _ '~/~~ ~O ~~ ~~OG ~ ~G 40-103 ,~ ~'~ N/F ~ OLD SETTLEMENT CORP. //,~~ ~~$ so.~o LOT 45 ~ i F i i i~ i i O .~~ ~ ,9 la ~ O ~~i / ~//i ~ 2 SYORf ~ COTTAGE ~ ~\y~ ~/ / ~"~ ~ \~ ~ ~~ ~\ ~ .S~ , 1 / ~ UTILnY ~/ /~ ~ / E ~ ~ 6 i / ~ ~:~ '~, / ~ ~i i ~ //'~f/ 40-105 N/F ~A'I'iL A ~ THOMAS HALLOWELL '~~. 0~ ,~ LOT 57 \ R~. Q ~'4r'da. ~O F O~O DRAIN EASE. y,~~`~N OF ,ygs~9 o~ LEO cy~ '`, C ~ ASADOORIAN ti No. 33930 ~ ~~FS~ 9FCIST ER`~~ ~Q~~'° Q "nq ANo " ~~-S ORIGWAL SIGNED AND STAMPED COPIES OF THIS PLAN IdAY BE PHOTOCOPIED BY THE BOARD OF APPEALS OR THE NANTUCKET COUNiY REGISTRY OF DEEDS FOR RECORDWG PURPOSES. W CASES OF DISCREPANCIES REGARDWG WFORMATION CONTAINED HEREON AND UNAUTHORIZED PHOTOCOPIES OF THIS PLAN, ONLY ORIGUU~LLY STAMPED 4,4D ENDORSEDED COPIES SHALL BE ACKNOWLEDGED BY THE CERTIF1fING LAND SURVEYGR. THIS PLOT PLAN WAS PREPARED TO ACCOIdPANY AN APPLICATION TO THE NANTUCKET BOARD OF APPEALS AND W NOT TO BE CONSIDERED A FULL WSiRUMEM SURVEY. THIS PLAN SHOULD NOT BE USED TO ESTABLISH PROPERTY LINES. FFI~ICES, HEDGES OR ANY ANCILLARY STRUCTURES ON THE PREMISES. THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PLANS OF RECORD. Plot Plan to Accompany Board of Appeals Applticairion zn Nantucket, llfassachusetts SCP.LE: ~ "=80' DATE: NOVEMBER 5, 1997 Owner..J.DREIN, QEE~ dc, LEIGH B; DEELY, , , Cert.:. ~ 792$ ....... Plan: LC., $$52-V, . Tax Map:. 40/J 04 . Locus; ~2. MAXEY, POND, RQ THIS PLOT P1AN IS NOT A CERTIFICATION AS TO THE TffLE OR OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT TOWN OF NANTUCKET ASSESSOR RECORDS. THI$ PLAN SHALL NOT BE USED FOR ANY OTHER PURPOSE OTHER THAN ITS IMENDED USE STATED ABOVE ~ Ataodote~ Inc. BLACKI~ELL & ASSOCIATES, Inc. Pro~essio>,sai Land S'wvayors 6 Young's lfay Nantucket, Massachusetts 02554 -3-120 (b08) 828-9026 B-4 p° ~ti BoA Form NANTUCKET ZONING BOARD OF APPEALS TOWN AND C4UNrY BUILDING NP?~TTUCiCET, MFG 02558 2--89 ASSESSORS LIST OF PA-BYTES 1N INTEREST pROPE~tTY OWNER: ll« ) L~ND~ ~ l ~'~ App~,YCANT FOR REL~EE' {SAME' _ (~jy ADDRESS OF PROPERTY : _ ~ S "'~" ASSESSORS MAP & PARCEL: ~ ~~ LIST OF PARTXES I~1CLliDI1vG ADDRESSES* {OR SEE ATTACHED ) Y certify that the foregoing (or the attached) lists ersons natural or legal., Who zre owners of abut~~gc all p osite cn a:~Y P property , owners of lead direct}y oPP or private street or way' andthAezthundredtfeetnoftthe azd all other land owners w~thl property line of OwneX's PrOPerty, as they { and their address) appear on the Moon leCZoningoCodebChapter11~9, lper M.G.L. c. 44A, Sect. Section 139-29D (Z)}. r ^-- Q ~ Assessors Office -_ Date Town of Nantucket NOTE: Applicant (petitioner) s?~ould inc?ude with t_he lot ht, any commonly-owned l fOZ which zoning relief is snug abutting lots which might became involved in thz 2o:~i.nc matter . List ~^ap and pa=ce'-s fo= ezC~ zb~=tteY . TOYN OF NANTUCKET 02/09/48 OyNER'S NAILING ADDRESS LIST 15:02:11 ` Nailing Address/City State Zip Property Location Nap Block Lat s Naga Ovncr`~/Co-~mer PO BOX 1412 0005 MAXEY POND RD 0040 0105 +YANKOW KEITH M TRUSTEE NANTUCKET NA 02554 MISTAYA REALTY TRUST E O 74S RIDG 0003 MAXEY POND RD 0fy40 0106 HALLOYQtL THOMAS J & NANCY 6 ~ ~£ N 07405 240 DOG1100D LANE 0002 MAXEY POND RD 00(,0 0096 OLO SETTLEMENT CORP C/0 NALLOWELL THOMAS MAHUAH NJ 07430 0004 MAXEY POND RD 0040 0097 7ALLMAN R06ERT JR TRUSTEE 4 MAXEY POND RD NANTUCKET MA 02554 0040 0101 OLD SETTLEMENT CORP 240 pOG1100D LANE 0013 MAXEY POND RD C/O HALLOWELI THOMAS MAHWAM NJ 07430 BOX 32~ 0006 MAXEY POND RD 00(A 0048 *FEINBERG CATkERINE ~ RHINEBECK NT 12574 C/0 MALLOYELL THOMAS 0011 MAXEY POND RD 004Q 0102 OLD SETTLEMENT CORP 240 DOGWOOD LANE C/0 MALLOWELL THOMAS MANWAH HJ 07430 0040 0103 OLD SETTLEMENT CORP 260 DOGWOOD SANE 0009 MAXEY POND RD [/0 HALLOWELL THOMAS MAMWAH NJ 0743(? 0041 0467 *GLIOOEN RICHARD J TRUSTEE PO BOX 862 0017 WANNACOMET RO LONGMEADOW REALTY TRUST NANTUCKET MA 02554 Po Box 3368 0004 WANNACOMET RD 0041 04671 SALOMON SALOMON M NANTUCKET MA 02584-3366 0041 04672 BAER STEPHEN 0 i PHYLLIS S 0115 MONROE RD 0015 WANNACOMET RD QUINCY MA 02169 PAGE 1 MUAS750 8.5 NUMBER OF RECORDS = 11