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Home My WebLink About074-8497 TOWN OF NANTUCKET 0 BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 November 9, 1984 Re: KEVIN AND KATE (NICHOLS) MARTIN (074 -84) 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 Section 17 of Chapter 40A of the General Laws, and shall be filed within twenty (20) days after this date. BOARD OF APPEALS William R. Sherman, Acting Chairman TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETSS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, NOVEMBER 2, 1984 at 1:30 p.m. in the Town and County Building, Nantucket, made the following decision in the Application of KEVIN AND KATE (NICHOLS) MARTIN (074 -84), address Box 1324, Nantucket: 1. This is an Applicationfor a SPECIAL PERMIT under Zoning By -Law SECTION 139 -27 (formerly 7C) rate of developement, specifically SUBPARAGRAPH J. If granted, Applicants would be able to transfer ownership to a buyer unwilling to be bound be Applicants' Covenant previously executed by them pursuant to Subparagraph F. 2. From a review of the Application and representations of Applicant Kevin Martin, the Board finds that the Applicants were married at the time of executing the Covenant, executed it in good faith, but are now divorced. In the settlement of their respective interests in jointly held property, they have entered into a pur- chase- and -sale agreement with a buyer for a transfer of their in- terests in the subject real estate at 611 FLINTLOCK ROAD, TOM NEVERS. According to representations, the buyer is unwilling, and not obli- gated to purchase the property , if still subject to the Covenant on and after the closing date. The closing is set for December 2, 1984 through the real estate firm of J. Pepper Frazier and Co. 3. If unable to sell to this or other buyer similarly disposed, Applicants would each face unreasonable personal and financial hard- ship. Applicants have been subject to the Covenant for four of the five years following issuance of their Certificate of Occupancy. The Town has thus substantially realized the benefit sought in obtaining the Covenant. Applicants are aware that Subparagraph J bars each of them from the benefit of another such Covenant for the remainder of the full five -year term of the present Covenant. 4. No opposition to the requested relief was heard and no recommendation from the Planning Board was received. (074 -84) -2- 5. Accordingly, the Board, by UNANIMOUS vote, hereby GRANTS to the Applicants the SPECIAL PERMIT, freeing them, and their suc- cessors-in- interest, from the terms of their Covenant on and after the date of their closing sale of the subject property to said buyer. Dated: November 9, 1984 Nantucket, MA 02554 William R. Sherman Eileen I. Cahoon >) Linda F. Williams TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Re: Decision in the Application of K U ( nD, A ��T f IU vFCTo(z Enclosed is a notice of the 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 Section 17 of Chapter 40A of the General Laws, and shall be filed within twenty (20) days after this date. William R. Sherman, Chairman BOARD OF APPEALS cc: Building Commissioner Planning Board Town Clerk BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MA 02554 DECISION: The Board of Appeals, at a Public Hearing held on Friday, February 19, 1988, at approximately 1:30 p.m. in the Town and County Building, Nantucket, made the following decision upon the application of VICTOR LUCIA, JR., of 604 Queen Anne Road, Teaneck, New Jersey 07666, in the referenced case (074- 84) -.utR 1) This is an application for determination by the Board of Appeals that Substantial Use of the Special Permit issued in Case No. 074 -84 has been made in accordance with the provisions of Paragraph G of Section 139 -30 of the Zoning By -Law. 2) A review of the facts indicates that the Board of Appeals in Case No. 074 -84 on November 2, 1984, granted a Special Permit to Kevin and Kate Martin relieving them, in accordance with the provision of Paragraph J of Section 139 -37 of the Zoning By -Law from the terms of a Covenant executed by them under the provision of Paragraph F of Section 139.37. 3) Thereafter in accordance with the terms of a Divorce Settle- ment, the property was conveyed to Kate Martin, with the provision that it would be sold and the proceeds divided in accordance with the Probate Decree, but by inadvertance the Special Permit was never re- corded until January 26, 1988. 4) Thereafter on December 14, 1984, the property was duly con- veyed to your Petitioner, Victor Lucia, Jr., and the proceeds divided by the parties in accordance with the Court order. 5) A question has now been reaised as to the validity of the Special Permit due to the late recording and the provisions of Para- graph G of Section 139 -30 which is affecting the sale of said property by your Petitioner. 6) No appeal had ever been taken from the granting of the Special Permit; accordingly, the Board after review of all of the facts as presented, by UNANIMOUS vote, hereby decrees that Substantial Use of the Special Permit has been made by reason of the transfer of said property in accordance with the Court order, and that the validity of the Special Permit is herewith validated in all respects. Dated; 19881rZ4! cA.0 V, 97 NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY94JOUF MEe- 2 1984 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET on the Application of KEVIN AND KATE (NICHOLS) MARTIN (074 -84) seeking a SPECIAL PERMIT and relief from SECTION 7 C I (j) (covenant) of the Zoning By -Law. If granted, the Applicants would be allowed to be released from the restrictions of the Covenant, needed as a result of changing personal circumstances. The property is located at 611 FLINTLOCK ROAD, TOM NEVERS, Lot 611, Plan 5004 -27 and is zoned RESIDENTIAL. VCK IK eLy e L. Rickard, Chairman BOARD OF APPEALS j To the Members of the Board of Appeals: The undersigned hereby applies for relief from the terms of (ZONING BY- LAW)(BUILDING CODE) n pro erty described below: Location of Property %t/ 1V14-►' 1acl( Tom -- Lot No. n No. — District is zoned for - -- — Type of structure Exist' g r Proposed) or proposed us ?: Owner's Name , -- -- owner's Address When did you acquire this property? f� - - -- Has application been filed at Building Department ? — Has any previous appeal been made? Mo — Section of By -Law o Code from which relief is requested: Reason for asking relief: �.^ �►�9 �.U�w ir1q�R11y� �� •2"� ��•� Sign ture ap licant. A N Rvs�L-fi- MP6S ATTACH: (1) A list of the names and addresses of each abutting o�!ne and owner abutting the abutters, and owners with�.n 300 (2) A check in the amount of $100.00 made payable to the of Nantucket. (3) Four copies of the application and a map or plan shoe - the location o-f the property to be considered. (4) If the applicant is other than the owner, please ird_ ,..__your authority to make this application. BOARD'S DECISION Application submitted to Board G I� .dvertising dates Hearing date(s) Decision of Board Decision filed with the Town Clerk