HomeMy WebLinkAbout095-84F
/03
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
December 13, 1984
Re: RAYMOND AND JANET DECOSTA (095 -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.
191rt.
B 4D �AP P EA
Eileen I. Cahoon, Chairman
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
DECISION:
At a Public Hearing of the BOARD OF APPEALS held at 1:30 p.m. on
FRIDAY, NOVEMBER 30, 1984 in the Town and County Building, Nantucket, in
the matter of the Application of RAYMOND AND JANET DECOSTA (095 -84), the
Board finds:
1. This is an Application for a Variance pursuant to SECTION 7H
granting relief from SECTION 7C (rate of developement) of the Zoning By-
Law. The Applicants seek a VARIANCE to allow the Applicants to construct
a secondary dwelling on their lot to provide inexpensive year -round
housing for their - elderly parents. Such construction is presently pro-
hibited by Section 7C until June 22, 1985.
2. Based upon a review of the Application, supporting documentation,
plans and testimony, the Board Finds that partial waiver of Section 7C
to allow the-Applicants to commence construction of a single family
secondary dwelling would be in harmony with the general purposes and
intent of the Zoning By -Law. Applicants represented at the Hearing, that
they would, upon prompt issuance of a Building Permit per their pending
Application, complete the secondary dwelling before the summer season
and for approximately $30,000.00 cost, a relatively low cost for a
dwelling on the Island. The rental, or rental equivalent, would assure
their parents of a reasonable housing cost not otherwise available with
the onset of the summer season. To come within the covenant exception,
subsection 1F9 Applicants ask this Board to waive:
(a) the requirement that Applicants themselves occupy
the secondary dwelling;
(b) the condition that no pre- existing dwelling remain
on the lot. The 1984 amendment to subsection 1F adding this condition
also modified the initial paragraph of 7C to refer to "secondary" as well
as "principal" dwellings. We take from this the possibility that a second-
ary dwelling might, under severe conditions of hardship such as the pre-
sent, fall exceptionally within the covenant subsection. No objection or
contrary position was offered at the Hearing.
(095 -84) -2-
3. Accordingly, waiving (1) and(2), Variance relief is granted to
permit the Applicants to construct said single family secondary dwelling.
The Board finds that due to the size of the lot, the Applicants cannot
subdivide the lot and convey a parcel to their parents who would be
eligible to execute a Covenant running in favor of the Town of Nantucket.
The Board finds that due to the size of the lot, literal enforcement of
the By -Law would involve substantial hardship to the Applicants. The
requested relief may be granted without substantial detriment to the
Public Good and without nullifying or substantially derogating from the
intent or purpose of such By -Law.
4. The Applicants shall execute and record in the Nantucket Regis-
try of Deeds simultaneously with the recording of this Decision a Cove-
nant in the form attached hereto.
5. For the reasons and upon the conditions set forth herein, the
Board hereby GRANTS the Applicants relief from SECTION 7C of the Zoning
By -Law by VARIANCE pursuant to SECTION 7H by UNANIMOUS vote, and directs
issuance of the Building Permit to Applicants forthwith.
Dated: December 13, 1984
Nantucket, MA 02554
Eileen I. Cahoon
z�
William R. Sherman
6 '
Linda F. Williams
COVENANT
Whereas, WE RAYMOND DeCOSTA and JANET DeCOSTA, of Nantucket,
Nantucket County, Massachusetts, are (a) natural persons and are the
Owners of the real property situated at 4 WAYDALE ROAD, Nantucket,
Massachusetts ( "the property "), more particularly described in a deed
recorded with Nantucket County Registry of Deeds, Book 18, Page 136,
and shown as Lot 21, on a plan entitled "Land of Donald L. MacDonald,
et ux" dated December 10, 1973, by Josiah S. Barrett filed in Plan
Book 18, Page 136; and
Whereas, the Zoning By -Law of the Town of Nantucket was amended
by adoption of Article 13 of the Warrent for the 1981 Annual Town
Meeting to include a new Section 7C and further amended for clarifica-
tion by Article 12 of the 1984 Annual Town Meeting.
Whereas, the provisions of Section 7C became effective on April
7, 1983, by virtue of General Laws, Chapter 40A, Section 5; and
Whereas, the undersigned have applied for a Building Permit for
a secondary dwelling with respect to the property and desire to execute,
aknowledge and deliver a Covenant in favor of the Town of Nantucket
pursuant to subsection 1f, as modified and conditioned by the Variance
grant by the Board of Appeals.
Now, therefore, in consideration of the issuance of a Building
Permit and the granting of a Variance by the Board of Appeals, the
undersigned hereby covenant and agree as follows:
1. That they are domiciled in Nantucket, Massachusetts.
2. Said secondary dwelling will be used only as a year -round
residence for one or both parents of either Applicant.
3. Said dwelling will not be offered for seasonal rental.
4. This Covenant shall remain in full force and effect for a
period of not less than five(5) years from the date of issuance of
any Occupancy Permit for said dwelling.
-2-
5. This Covenant shall run with the land and shall be binding
upon future owners of the property for the term hereof.
Witness our hands and seals this day of 198 .
Raymond DeCosta
Janet DeCosta
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss. , 198
Then personally appeared the above named ,
and acknowledged the foregoing instrument to be free act and deed,
before me
Notary Public
My Commission Expires:
t
NOTICE
A Public Hearing of the BOARD OF APPEALS will be held
on FRIDAY, NOVEMBER 30, 1984 at 1:30 p.m. in the TOWN AND
COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the
Application of RAYMOND AND JANET DECOSTA (095 -84) seeking a
VARIANCE from SECTION 7C (building cap) of the Zoning By -Law.
If granted, the Applicants would be able to commence immediate
construction of a secondary dwelling for the parents on property
located at 4 WAYDALE ROAD, LOT 21, PLAN BOOK 18, PAGE 136 and
is zoned RESIDENTIAL -10.
`ol.
e��le L. Rickard, Chairman
BOARD OF APPEALS
S
C l- I
-
AI & 4
i.,D Or' APPEALS
Nantuck--t, Massachusetts
t ot
lie Li!i .',z t applies for relief f rorti the terms of the
By -!,A ) 1 U L !,)i.i) Ui) ;�.,,Dporty described be I ow:
A Waydale. Road, 551083_._____
_Plan Book -18,,Page 136
-..-Residential,.
second dwelling
Raymond & Janet DeCosta
Waydale Road, Nantucket
1979
Yes
Yes (withdrawn)
Rate of Development - Section 7C
Applicants.request variance relief from
Section 7C to commence immediate construction of a secondary dwelling
for parents. The applicants parents summer rental is being increased
from $275.00 per month to $700.00 per month. The applicant will be
unable to provide alternate summer housing if a building permit cannot--
be obtained prior-to June of 1985.
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WAYNE F. HOLMES
WILLIAM H. HAYS III
JULIE A. FITZGERALD
/off
LAW OFFICES
HOLMES, HAYS & FITZGERALD
35 CENTER STREET
NANTUCKET, MASS, 02554
AREA CODE 617
226-0052
November 7, 1984
Mr. Lydle L. Rickard, Chairman
Board of Appeals
Town and County Building
Broad Street
Nantucket, MA 02554
RE: Application of Raymond De Costa, et ux
4 Waydale Road
Dear Mr. Rickard:
Enclosed for filing, please find the following:
1. Original Application, plus three (3) copies;
2. Certified Abutters list;
3. Four (4) copies of the plot plan of the site;
4. Check in the amount of $100.00.
Would you kindly schedule this matter for hearing on
the next available date.
Very truly yours,
Julie A. Fitzgerald
JAF /kd
enc.
cc: Mrs. Madelyn Perry, Town Clerk
Mr. & Mrs. Raymond De Costa
FEI
,N: i i 1 1: - - - , , -
.he fot: relief truji. Mhe term:,
6:4 -;;cr-ty described
A Waydale Road,
__.5.5./9.$..3_.._.__ - - - --
• ,n \O.Plan Book 18,_._Page 136
Residential 10--
C '-PrOPOse_1 U'sO: second dwelling
Nx, '_Raymond & Janet DeCosta
4 Waydale Road, Nantucket
yOLI ac:j'. L.'. 1979
Yes
Yes (withdrawn)
Rate of Development Section 7C
Applicants request variance relief from
Section 7C to commence immediate construction of a secondary dwelling
for parents. The applicants parents summer rental is being increased
from $275.00 per month to $700.00 per month. The applicant will be
unable to provide alternate summer housing if a building permit cannot_
be obtained prior to June of 1985.
lZul.1.6 A. F 'it 2,46 ra/l d
attoriney for applicant
BOA1 L% 0!, APPEALS
List of parties in inter,, t in, the matter of the petition of:
Name
Addresa �4 Wa dal .R4 __.... Nantuc.ket.,
Property Address 4_,�V�y_da_�e lead 55/083
55 -82 Lucy A. Dunham
6 Waydale Road
Nantucket, MA 02554
55 -85 Anne Glowacki
& Old South Road
67 -29 Nantucket, MA 02554
55 -84 Nancy Anne Glowacki
7 Waydale Road
Nantucket, MA 02554
55 -86 Denis G. & Irene A. Regan
434 Bedford Street
Whitman, MA 02382
55 -214 Joseph P. & Evelyn Lennon
2 Waydale Road
Nantucket, MA 02554
55 -213 Edmund J. Ramos
& 12 Hooper Farm Road
55 -215 Nantucket, MA 02554
55 -81 Edmund J & Mary Ellen Ramos
16 Hooper Farm Road
Nantucket, MA 02554
55 -209 Joseph Rezendes III
8 Hooper Farm Road
Nantucket, MA 02554
55 -210 John & Eunice H. Viera
7 Newtown Road
Nantucket, MA 02554
55 -211 Joseph M. & Elizabeth A. Cady
5 Newtown Road
Nantucket, MA 02554
55 -212 Ernest & Barbara Viera
7 Newtown Road
Nantucket, MA 02554
55 -78 Robert Snow
55 -79 Thomas J. & Nancy
Stackpole
5 Lewis Court
Nantucket, MA 02554
55 -87 Beulah F. Ornin
Roberts Lane
Nantucket, MA 02554
55 -429 Ethel. Dunham
Meadow Lane
Nantucket, MA
55 -430 Greg W. Glowacki
67 Old South Road
Nantucket, MA 02554
55 -80 Sandra E. Hastings
7 Lewis Court
Nantucket, MA 02554
55 -31 Arthur E. & Jean Egan
Center Street
Nantucket, MA 02554
55 -33 David D. & Ellen M.
Glowacki
Greglan Avenue
Nantucket, MA 02554
47 Cypress St. RFD 6
T Ptl m uth .MA. 0213.60; :1 list of persons who are owners f
certi � toY fo�� �f _ �� r,
.and abutting the p open t.y rind o..ners of Land directly oppo -,_f,,
the property on any s�root or way, and owners of land within
300 feet of the property, t.l as they appear on the most recllni-
applicable tax list.
November , 1984
Date
7�v aE_':� SciY°
Town of N .ntacket
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