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HomeMy WebLinkAbout089-85'3af IN 6< '10ARD OF ATPEALS NANTUCKET, MASSACHUSETTS 02 554 October 29, 1985 w Re: DONALD A. AND HELEN GILFOY (089 -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 s?-lall be ,nade pursuant to Section 17 of Chapter 40A or the General Laws, and, sh<i11_ be filed within twenty (20) days after this date. William R. Sherman, Chairman BOARD OF API'E,ALS BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: At a Public Hearing of the BOARD OF APPEALS held on FRIDAY, OCT- OBER 18, 1985 at 1:30 p.m. in the Town and County Building, Nantucket, in the matter of the Apolication of DONALD A. AND HELEN GILFOY (089 -85), address Kimball Ave., Nantucket, MA 02554, the Board finds: 1. Applicants seek an occupancy permit for Secondary Dwelling use of a building completed with kitchen as well as other living, eating and sleeping facilities. Relief by SPECIAL.PERMIT or VARIANCE is asked referencing Zoning By -Law SECTION 1.39 -27 (also 139- 16E(3), although not pursued at the hearing), specifically subsection F- the covenant ex- ception to the building "cap ". The premises are located at KIMBALL AVE., Lots 1 and 16 on Land Court Plan 9009 -I and Lot 12 on Land Court Plan 9009 -F in the RESIDENTIAL -2 zoning district. 2. Based upon the Application papers, viewings, testimony of Applicants and representations of counsel, we find that the proposed Secondary Dwelling was constructed to conform with the provisions of Section 139 -7A(2) and (3)(a), assuming submission to the Planning Board per subsection (2)(g). The building was constructed pursuant to a Building Permit issued without the delay provided by building cap Sec- tion 139 -27, apparently with an understanding that a kitchen would not be installed or used prior to compliance with or relief from the cap. 3. Applicants could and would have executed the covenant of Sec- tion 139 -27F but for its unavailability because a pre - existing dwelling remains on the "lot ". (Actually, the primary dwelling, an old unwinter- ized summer house overlooking the Sound, is on a separate lot in common ownership of Applicants. The Planning Board conditioned legal subdivi- sion of such lots upon paving Kimball Ave., contrary to aesthetic com- mitments of the neighborhood.) In a similar Application No. 093 -85 heard also October 18, 1985, and two prior Applications, we have by grant of Variance, allowed Applicants to sign a modified covenant upon a showing of personal hardship. (089 -85) -2- 4. Had Applicants been properly advised, they would have applied for building permit early enough in their dealings with the prior Building Inspector to have completed the "cap" waiting period before completing the building. Their son would not have installed the kitchen without prior Building Permit authorization. Personal hardship is claim- ed now by the Applicants, owners of the property since 1956. Now elderly enough to remain on Island as year -round residents, they understandably do not want to wrongfully alter the summer house for winter occupancy. Without the relief sought here, their expenditure of time--and effort to- ward a year -round (secondary) dwelling for themselves would be wa' The dwelling would not be usable (at least for cooking or eating) for the more than 12 months "cap" delay. 5. We know of no other completed secondary dwelling with occu- pancy barred in this way, such that a variance would effect other struc- tures in the zoning district. This hardship would impact any other owner and thus is not simply personal to Applicants. 6. Nevertheless, unlike Applicant in our Case 093 -85 and prior precedents, Applicant here completed their secondary dwelling without proper prior permit. The Planning Board's recommendation was unfavorable, absent hardship with the land. 7. In these circumstances and upon motion to grant Applicants relief by variance allowing exception from the cap by modified covenant, this Board voted two in the NEGATIVE and one ( the Chairman) affirmative. Accordingly, relief is DENIED. Dated: October 29, 1985 Nantucket, MA 02554 _V _t" Ir" —, Will R. Sherman X 4�� / 0 � fIlIrt Dorothy D. Vollans C� C. Mar hall Bea e n S) ? - 25 NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, OCTOBER 189 1985 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of DONALD A. AND HELEN GILFOY (089 -85) seeking a SPECIAL PERMIT under Zoning By -Law SECTION 139- 16E(3) "(or in the alternative a VARIANCE from SECTION 139 -16E) to convert an existing building into a secondary dwelling on the lot without the usual phased development delay. Applicants are also seeking a VARIANCE under SECTION 139-2.7F (building cap) of the Zoning By -Law. The property is located at KIMBALL AVENUE, LOT 1 and 16 on L.C. 9009 -I and LOT 12 on L.C. PLAN NO. 9009 -F and zoned RESIDENTIAL -2. William R. Sherman, Chairman BOARD OF APPEALS AB -1 FEE" $10( Case No. ^ATIC To THE BOARD OF APPEALS Nantucket Massachusetts To the Members of the Boa, f Appeals: The undersigned hereby a, for relief from the terms of the - (ZONING BY -LAW) (BUILDING C. I on property described below: Location of Property, Kimball AverYJe, 1 & 16 on L.C.9009 -I and Lot 12 .on L.C. Plan No..- 9009-F Lot No, District s Zoned for R -2 Type of structure (Existing or Propbbed) or pr(. 9ed use: Residence Owner's Namo. - ppgald,A ' and Helen Gil oy Owner's Addreas Kimball Avenue _ NVhen did you acquire this property?� 1956 Has application been filed at Building Department? Yes Has any previouo appeal been made-? Section of By -law or Code from which relief is requested: 139 -16 -E Phased development / i3�, Z% - d"'f' �• Reason for asking relief: Applicantsare an elderly couple who have a large summer home on the property and they wish to move into the smaller winterized building they ha built on the lot, in order that they might live in Nantucket year round. However, they cannot put s kitchen in tMTS 5TITInT cause tnat woula a d while they are perfectly willing t -o sign the covenant, they are prohibited from signing becau there is already a welling on t e ot. They are see ing a special perms or relief from the strict compliance with the covenant requirements, said relief is sought pursua to Ch. 139, Sec. 16, E 3.^ W By their attorney: Signature of applicant ATTACH: (1) A li ©t of the names and addresses of each abutting owner and owner abutting the abU.ters. (2) Check in the amount of $50.00 made payable to the Town of Nantucket. (3) Map or plan ahowYhg the location of the property to be considered. i' (4) If the applicant is bother than the owner, please indicate your authority to make �'this application. BOARD'S DECISION Application submitted to Board Advertising dates Hearing date Decision of Board Decision filed with the Town Clerk i 'C�.t1FJ E;F NAf TUCK`�T CrARD OF APPEALS o,; -if prs,'Los in intorfiat in he matter of the petition of Nmmr Dojoa A. and Helen Gilfoy Address Kimball AWexue, Nantucket, Massachusetts 02554 Property Address 6nball Avenue, Nantucket, Massachusetts 02554 Map Parcels Locus; - 30 - 25, 26, 27 28. John & Annetta B. Mason 70 West Street Boylestown, PA. 18901 29. Charles K. Gifford, Trustee Blue Hill Realty Trust Blueberry Hill Manchester, Mass. 02126 30. Barbara D. Collar 65 Indian Lane Tiffin, Ohio 44883 24.1 Heather Hill Ltd. 23 Hinckley Lane Nantucket, MA. 02554 24.2 Priscilla M.K. Gifford Hinckley Lane Nantucket, MA. 02554 105 Edward K'. Mills, II et al 1022 Memorial ' Houston, Texas -7024 108 Anita F. Hardy P. 0. Box 955 Nantucket, MA. 02554 109 Arvonas Realty Company, Inc. Suite 210 5555 No. Port Washington Milwaukee, Wisconsin 53217 31.1 Beta Realty Trust c/o Arthur Reade, Jr. Tr. 168 Milk Street Boston, MA. 02109 169 Morton I. & Dorothy a ufman 69 Billings Street Sharon, MA. 02067 I cirtify the foregoing 1^ Fs Us'. of persons who are owners c' land nbutting the prcpa -'-Ly r,r,d owners of land directly oppos'.':. the property on any atrent or ray, and owners of land within, feat of the property, sal! tis they appear on tho root i'ecent npp1.1 ble ^1' E Is % D U Assessor Tcan of Nantucket 9