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Home My WebLink About021-85!y. TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 March 21 ,1985 Re: RICHARD E. HILLGER, JR. AND JANE H. HILLGER (021 -85) 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. William R. Sherman, Acting Chairman BOARD OF APPEALS 2 9) 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 WEDNESDAY, MARCH 13, 1985 in the Town and County Building, Nantucket, in the matter of the Application of RICHARD E. HILLGER, JR. AND JANE H. HILLGER (021 -85), the Board finds: 1. This is an Application for a Variance pursuant to SECTION 7H granting relief from SECTION 7C (rate of development) of the Zoning By -Law. The Applicants seek a VARIANCE to allow the Appli- cants to construct a secondary dwelling on their lot to provide inexpensive year -round housing for Mrs. Hillger's elderly mother. Such construction is presently-prohibited by Section 7C until June 22, 1985. 2. Based upon a review of the Application, supporting docu- mentation, 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, 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 Mrs. Hillger's mother of a reasonable housing cost not other- wise available with the onset of the summer season. To come within the covenant exception, subsection lf, 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 if adding this condi- tion also modified the initial paragraph of 7C to refer to "second- ary" as well as "principal" dwellings. We take from this the possi- bility that a secondary dwelling might, under severe conditions of hardship such as the present, fall exceptionally within the covenant subsection. No objection or contrary position was offered at the Hearing. 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 Mrs. Hillger's mother 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 in- volve substantial hardship to the Applicants. The requested re- lief 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 Registry of Deeds simultaneously with the recording of this Decision a Covenant 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 a Building Permit to Applicants forthwith. Dated: March Q1. 1985 Nantucket, MA 02554 William R. Sherman y� w Andrew J. Leddy, Jr. f-17n Fda F. Wi11i dim s C;JVEN: ANT Whereas, WE RICHARD E. IIILLGER, JR. AND JANE H. HILLGER, of Nantucket, Nantucket County, Massachusetts, are (a) natural persons and are the owners of the real property situated at 3 SOUTH SHORE ROAD, Nantucket, Massachusetts ( "the property "), more particularly described in a deed recorded with Nantucket County Registry of Deeds, Book 149, Page 44, and shown as Lots A2 and B2 on a plan entitled "Plan of Land in Nantucket Prepared for Philip Osley, et ali" dated May 9, 1973, by Essex Survey Service, Inc. in Plan Book 18, Page 71; 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 clarifi- cation by Article 12 of the 1984 Annual Town Meeting. Whereas, the provisions of Section 7C became effective on April 7, 1981, by virtue of General Laws, Chapter 40A, Section 5; and Whereas, the undersigned desire to apply for a Building Permit for a secondary dwelling with respect to the property and desire to execute, acknowledge and deliver a Covenant in favor of the Town of Nantucket pursuant to subsection if of said Section 7C, 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 the mother of Applicant Jane H. Hillger. 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 an Occupancy Permit for said dwelling. 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 1985. Richard E. Hillher, Jr. Jane H. Hillger COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. 1985 Then personally appeared the above named and acknowledged the foregoing instrument to be free act and deed, before me Notary Public My Commission Expires: 4 e NOTICE A Public Hearing of the BOARD OF APPEALS will be held on «OQS&�,MARCH 13.91985 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of RICHARD E. HILLGER, JR. AND JANE H. HILLGER (021 -85) seeking relief by a VARIANCE under SECTION 7C (rate of developement- building cap) of the Zoning By -Law. If granted, the Applicants would be able to commence immediate construction of a secondary dwelling for the Applicant's mother. The mother is unable to find year round housing and her medical condition and age make it extremely difficult to move to new housing several times a year. The property is located at BEACH PLUM AVENUE, OFF SOUTH SHORE ROAD, LOT NO. A2 and B2, PLAN BOOK 18, PAGE 71, ASSESSOR'S SHEET 80, PARCELS 65 and 67 and is zoned LUG 2. William R. Sherman, Acting Chariman BOARD OF APPEALS O t� G � rt G G 3 n O x r-n R m w � 3 rt. G a G b 0 (p x rt O (D lrn U H O G C7 t-+ ti P -i O O (D 2D c Q > D N� Ln rD- tp ��. cr " 16:; 3 =,cs �h;1 OC 5 NOTICE A Public Hearing of the BOARD OF APPEALS will be held on W3&0e&kL�,MARCH 13.,1985 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of RICHARD E. HILLGER, JR. AND JANE H. HILLGER (021 -85) seeking relief by a VARIANCE under SECTION 7C (rate of developement- building cap) of the Zoning By -Law. If granted, the Applicants would be able to commence immediate construction of a secondary dwelling for the Applicant's mother. The mother is unable to find year round housing and her medical condition and age make it extremely difficult to move to new housing several times a year. The property is located at BEACH PLUM AVENUE, OFF SOUTH SHORE ROAD, LOT NO. A2 and B2, PLAN BOOK 18, PAGE 719 ASSESSOR'S SHEET 809 PARCELS 65 and 67 and is zoned LUG 2. William R. Sherman, Acting Chariman BOARD OF APPEALS FEE $100.00 Case No. OZ) -36' APPLICATION TO THE BOARD OF APPEALS Nantucket, Massachusetts To the Members of the Board of Appeals: The undersigned hereby applies for relief from the terms of the (ZONING BY- LAW)(BUILDING CODE) on property described below: Location of Property Beach Plum Avenue, Off South Shore Road Lot No. A2 and B2 Plan No. Rook 1R, page 71 Distric�'sfgSP8� 6d%pt 80, Parcels 65 and 67 LUG 2 Type of structure (Existing or Proposed) or proposed use: residential dwelling Owner's Name Richard E. Hillger, Jr. and Jane H. Hillger Owmer's Address Beach Plum Avenue Nantucket. MA 02554 When did you acquire this property? March 1975 Has application been filed at Building Department? No I►as any previous appeal been made? No Section of By -Law or Code from which relief is requested: Rate of Development - Section 7C _ I:easc�n for asking relief: Applicant request variance relief from Section 7C to commence immediate construction of a secondary dwelling for applicants mother. The applicants mother is unable to find year round housing and her medical condition and age make it extremely difficult to move to new housing several times a year. Signature of a plicant i.e A. Fi rald, Attorney r,zoiri applicant (1) A list of the names and addresses of each abutting owner and owner abutting the abutters. (2) A check in the amount of $100.00 made payable to the Town of Nantucket. (3) Four copies of the application and a map or plan showing the location of the property to be considered. (4) If the applicant is other than the owner, please indicate your authority to make this application. BOARD'S DECISION Application submitted to Board .'advertising dates_._ Hearing date(s) _ Decision of Board Decision filed with the Town Clerk �S 'CA a C r (t� 9 v 0� /.R I ! 8 I.�1•.• /P Q h .R A r � Iw ire ts.f L r � � h G � JUN 18 1979 9-30 AN RECEIVED AND ENTERED WITH I ANTUCKET COUNTY DEEDS BOOK Ob ELAN NO_L . PAGF-..7-Z-7= f3').V.'AN 0 f3" L i 5r- c. 1 . }.iv /714917 orZq�d NgNTUCKET /�re�o4r��r Es,Ex ,5ucvEyS��e ✓rcF /�✓c. • � Ft°oe -�4� .Sf/ce"f � /rin TOWN OF NANTUCKET BOARD OF APPEALS List of parties in interest in the matter of the petition of: Name Richard E. Hillger, Jr. and Jane H._Hillger _ Address Beach Plum Avenue Property Address Beach Plum_ Avenue_ Assessors Sheet 80, Parcels 65 and 67 67 -81 Myles T. McMahon 338 William J. Braun 80 -68 5 Byron Street 69 Boston, MA 02108 119 336 Barbara H. Malcolm 60 Prospect Street Montclair, NJ 07042 337 Izetta W. Anderson c/o Charles W. Anderson 19 Reed Circle Drive Andover, MA 01810 80 -1 Ms. Madelyn Perry, Town Clerk Town of Nantucket Nantucket, MA 02554 1.1 Andrew W. Myrich, et al 2,3 Ruth E. Osley Melrose Highlands, MA 12 Broad Street Nantucket, MA 02554 66 Sam W. Riche Hummock Pond Road Nantucket, MA 02554 80 -116 Augustos C. Ramos 218 Edmund John Ramos Antonia Marie Ramos Off Surfside Road Nantucket, MA 02554 80 -300 Charles W. Fisher, Jr. 301 Amy Fisher Box 1177 Nantucket, MA 02554 80 -76 Surfside Realty Trust 22 Federal Street Nantucket, MA 02554 80 -219 Julius Jensen MD, Trustee Norwood Farm Trust 21 Dexter Street Dedham, MA 02026 80 -302 Peter L. and Jane G. Janiak 16 Newtown Road Nantucket, MA 02554 I certify the foregoing is a list of persons who are owners of land abutting the property and owners of land directly opposite the property on any street or way, and owners of land within 300 feet of the property, all as they appear on the most recent applicable tax list. February �p 1985 .pate _ �sessor ,\ -Town of Nantuc t /� �L l � `r/ ' a a a TOWN OF NANTUCKET BOARD OF APPEALS List of parties in interest in the matter of the petition of: Name Richard E. Hillger, Jr. and Jane H._Hillger _ Address Beach Plum Avenue Property Address Beach Plum_ Avenue_ Assessors Sheet 80, Parcels 65 and 67 67 -81 Myles T. McMahon 338 William J. Braun 80 -68 5 Byron Street 69 Boston, MA 02108 119 336 Barbara H. Malcolm 60 Prospect Street Montclair, NJ 07042 337 Izetta W. Anderson c/o Charles W. Anderson 19 Reed Circle Drive Andover, MA 01810 80 -1 Ms. Madelyn Perry, Town Clerk Town of Nantucket Nantucket, MA 02554 1.1 Andrew W. Myrich, et al 2,3 Ruth E. Osley Melrose Highlands, MA 12 Broad Street Nantucket, MA 02554 66 Sam W. Riche Hummock Pond Road Nantucket, MA 02554 80 -116 Augustos C. Ramos 218 Edmund John Ramos Antonia Marie Ramos Off Surfside Road Nantucket, MA 02554 80 -300 Charles W. Fisher, Jr. 301 Amy Fisher Box 1177 Nantucket, MA 02554 80 -76 Surfside Realty Trust 22 Federal Street Nantucket, MA 02554 80 -219 Julius Jensen MD, Trustee Norwood Farm Trust 21 Dexter Street Dedham, MA 02026 80 -302 Peter L. and Jane G. Janiak 16 Newtown Road Nantucket, MA 02554 I certify the foregoing is a list of persons who are owners of land abutting the property and owners of land directly opposite the property on any street or way, and owners of land within 300 feet of the property, all as they appear on the most recent applicable tax list. February �p 1985 .pate _ �sessor ,\ -Town of Nantuc t /� �L l � `r/ 191 LAW OFFICES HOLMES, HAYS & FITZGERALD 35 CENTER STREET NANTUCKET,MASS.02554 WAYNE E HOLMES AREA CODE 617 W I L L )AM H. HAYS Ill 228-0052 .,vL IE A. FITZGERALO February 5, 1985 Mrs. Eileen Cahoon, Chairman Board of Appeals Town and County Building Broad Street Nantucket, MA 02554 RE: Application Richard E. and Jane H. Hillger, Jr. Beach Plum Avenue Dear Eileen: Enclosed for filing please find the following: 1. Original Application, plus three (3) copies; 2. Certified Abutter's List; 3. Four (4) copies of the plot plan of the site; and 4. Check in the amount of $100.00. Would you kindly schedule this matter for hearing at the next available date. Very truly yours, Julie A. Fitzgerald JAF /sdb Enclosures cc: Mrs. Madelyn Perry, Town Clerk =� Mr. and Mrs. Richard E. Hillger, Jr. Mr. Carl Borchert, Building Inspector // %/S A, M, AB- FEE $100.00 Case No. APPLICATION TO THE BOARD OF APPEALS Nantucket, Massachusetts To the Members of the Board of Appeals: The undersigned hereby applies for relief from the terms of the (ZONING BY- LAW)(BUILDING CODE) on property described below: Location of Property Beach Plum Avenue, Off South Shore Road Lot No. A2 and B2 Plan No. gnk 1g, pagP 71 1)istric�'sf9szs 6t dS #8gt 80, Parcels 65 and 67 LUG 2 Type of structure (Existing or Proposed) or proposed use: residential dwelling owner's Name Richard E. Hillaer, Jr, and Jane H. Hillaer owner's Address Beach Plum Avenue, Nantucket, MA 02554 When did you acquire this property? March 1975 tlas application been filed at Building Department? No tlas any previous appeal been made? No Section of By -Law or Code from which relief is requested: Rate of Development - Section 7C itoasnn for asking relief: Applicant request variance relief from Section 7C to commence immediate construction of a secondary dwelling for applicants mother. The applicants mother is unable to find year round housing and her medical condition and age make it extremely difficult to move to new housing several times a year. Signature of applicant r � ie A. Fi rald, Attorney Tor applicant ' %,; A B: (1) A list of the names and addresses of each abutting owner and owner abutting the abutters. (2) A check in the amount of $100.00 made payable to the Town of Nantucket. (3) Four copies of the application and a map or plan showing the location of the property to be considered. (4) If the applicant is other than the owner, please indicate your authority to make this application. BOARD'S DECISION Application submitted to Board .Advertising dates Bearing dates) recision of Board Decision filed with the Town Clerk TOWN OF NANTUCKET BOARD OF APPEALS List of parties in interest in the matter of the petition of: Name Richard E. Hillger, Jr. and Jane H. Hill -er Address Beach Plum Avenue Property Address Beach Plum Avenue Assessors Sheet 80, Parcels 65 and 67 67 -81 Myles T. McMahon 338 William J. Braun 80 -68 5 Byron Street 69 Boston, MA 02108 119 336 Barbara H. Malcolm 60 Prospect Street Montclair, NJ 07042 337 Izetta W. Anderson c/o Charles W. Anderson 19 Reed Circle Drive Andover, MA 01810 80 -1 Ms. Madelyn Perry, Town Clerk Town of Nantucket Nantucket, MA 02554 1.1 Andrew W. Myrich, et al 2,3 Ruth E. Osley Melrose Highlands, MA 12 Broad Street Nantucket, MA 02554 66 Sam W. Riche Hummock Pond Road Nantucket, MA 02554 80 -116 Augustos C. Ramos 218 Edmund John Ramos Antonia Marie Ramos Off Surfside Road Nantucket, MA 02554 80 -300 Charles W. Fisher, Jr. 301 Amy Fisher Box 1177 Nantucket, MA 02554 80 -76 Surfside Realty Trust 22 Federal Street Nantucket, MA 02554 80 -219 Julius Jensen MD, Trustee Norwood Farm Trust 21 Dexter Street Dedham, MA 02026 80 -302 Peter L. and Jane G. Janiak 16 Newtown Road Nantucket, MA 02554 I certify the foregoing is a list of persons who are owners of land abutting the property and owners of land directly opposite the property on any street or way, and owners of land within 300 feet of the property, all as they appear on the most recent applicable tax list. February clp , 1985 _ Date Assessor - Town of Nantucket �/ :►% �4S ,� MR,S � JUN 18 1973 9-3o AN r RECEIVED AND ENTERED WITH NANTUCKET COUNTY DEEDS BOOO,/ K Qb f�7�:' 'AN y ISW A, &Aa, 1 ,� 2FS +flE ,Sec. R14717 in N.4NTUClfET Phi /i�o Os /ey c.f o/i