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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. S'i (3 110 t ",I T t u le a attorney for a plicant i of r - -, o t L (2 r','; . A in th" f ;'1.00.00 ma (Ic. :151.t1 Lo t., lt.ioll '16 0111 � t Q C3 3 'M a a 'a Q 'z, o 3 C D 2 p o 0? `j D Z Q fi _ Q `¢ Z... 0 s 03, °, o a 35 �"� o o N 'foe t9`oM'" f ®N 4 3a Qj .� C> F . W U1 1 f j _ D > ;� K rJ n °es R 58 r r ° Li sa° /8 5 ,- :3 7 AIJ SO' c, 8',5-8 E Z cl JU z o i � 1 r rt' co 0 o Cwl O f f C3 tb Alf- 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 xc 14, 8�b S L+ N fj avt JI/ 00 q "'i 0 r4 14? 01 US fj avt JI/ 00 q "'i 0 14? US 1A.