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Home My WebLink About093-850 93 - &•5 �,r�'pHTUCkE,r CC��ti'N ( -)F= NAN 'H ;CKI:'i� 0 �';� BOARD OF APPEALS 1� �gPORATE �':��,'"I UC'KII', ;�1�5raC1�USEfI' I'S ()255 October 29, 1985 ft Re: RICHARD E. KOTALAC (093 -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 'BOA of the General Laws, and shall be filed within twenty (20) days after this date. Z' y - William R. Sherman, Chairman BOARD OF APPEALS BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02c.354 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 Application of RICHARD E. KOTALAC (093 -85), address 1 Hawthorne Lane, Nantucket, MA- 025541 the Board finds: 1. Applicant seeks a VARIANCE from Zoning By -Law SECTION 139 -27 to allow an earlier construction date than would normally be available under the building "cap ", except by covenant exception under Subsection F. The building to be constructed, a secondary dwelling unit under Sec- tion 139- 7A(2), is to be sited at 1 HAWTHORNE LANE, Lot 6, Land Court Plan No. 14973 -F in the RESIDENTIAL -2 zoning district. 2. Based upon the Application papers, viewings, testimony and representations, the only justification offered for asking an earlier date is to accomodate Applicant's parents in the summer of 1986, speci- fically Applicant's crippled mother, in a secondary dwelling unit de- signed with ramps, handicapped bathroom and other facilities with only a single floor. The single story building, sited as shown on the plan accompanying the Application, is to be 15 feet off the west side lot line, and said to be below the view from the westerly abuttor's home. The footprint will not exceed 24x32 feet, 768 SF total, i.e., inexpen- sive compared to summer rentals. 3. With relief by Variance, Applicant is willing to execute a subsection F covenant, modified in the form attached. 4. The Planning Board's recommendation is favorable and no ob- jection was heard, e.g., with respect to septic system required. 5. Accordingly, in keeping with the provisions of Section 139 -32, the Board, by UNANIMOUS vote, hereby GRANTS to Applicant a VARIANCE (093 -85) -2- allowing issuance of a building permit to construct the secondary dwelling unit as proposed without the Section 139 -27 delay, subject to - compliance- -with subsection F by execution of a covenant in the form attached. Dated: October 29, 1985 ' Nantucket, MA 02554 William R. Sherman c7, Andrew J. Leddy Dorothy D. Vollans COVENANT Whereas, I RICHARD E. KOTALAC, of Nantucket, Nantucket County, Massachusetts, is a natural person and is the Owner of the real property situated at 1 Hawthorne Lane, Nantucket, Massachusetts ( "the property "), more particularly described in a deed recorded with Nantucket County Registry of Deeds, Lot 6, Land Court Plan No. 14973 -F; and Whereas, the Zoning By -Law of the Town of.Nantucket was amended by adoption of Article 13 of the Warrant for the 1981 Annual Town Meeting to include a new Section 7C (codified as Section 139 -27, parti- cularly subsection F adopted in 1985) and further amended for clari- fication by Article 12 of the 1984 Annual Town Meeting; Whereas, the provisions of Section-7C (139 -27) became effective on April 7, 19839 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, acknowledge 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 that five(5) years from the date of issuance of any Occupancy Permit for said dwelling; (Covenant of 093 -85) -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 . Richard E. Kotalac COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. , 198 Then personally appeared the above named , and acknowledged the foregoing instrument to be free and and deed, before me: Notary Public My Commission Expires: 1 rb V1 ". v Y 7 On 0 �' G i • •. V T tea. ,v � •c� .�. /) � � � UC su /�4h fl J E2 6 UUt��' X •�i 1, �1; ( Vi 9 t I . ... . -ova �� -O - --•':� . —.�. ._ _.— __ ... _� �_ ,�. ,� � �'_�. --. 1 rb V1 ". v Y 7 On 0 �' G i • •. V T tea. ,v � •c� .�. /) � � � UC su /�4h fl J E2 6 UUt��' NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, OCTOBER 18, 1985 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of RICHARD E. KOTALAC (093 -85) seeking a VARIANCE from the building cap SECTION 139 -27 to allow earlier construction of a secondary dwelling without covenant. The property is located at 1 HAWTHORNE LANE, LOT 6, L.C. PLAN NO. 14973 -F and zoned RESIDENTIAL -2. William R. Sherman, Chairman BOARD OF APPEALS FEP. $100.00 APPLICATION TO THE BOARD OF To the Members of the Board of Appeals: Case No.�"/ APPEALS Nantucket, Massachusetts . The undersigned hereby applies for relief from the terms of ;7o::IPIG BY -*.AW) (BUYLDINC CODE) on property described below: r.cc tion of Property. L 14 Rwih Lot No. Plan No. _ -- DiStrict is zoned for - Type of struct�ure(Existing or Proposed) or proposed use: Owner's Nate' . � � c ` _ ow.,er's Address I la RW --bAo when did you acquire this property? Has application been filed at Building Department? Has any previous appeal been made ?_ '\I C> Section of-By -Law or Code from which relief is requested: Reason for asking relief: JF % �+ �tL � 5 1 Qa �n n e.r w A J1. 1 t - tf, r PA ATTACH., {;,A list of thq names and addresses bf "each abutting owner owner abutting the abutters, and owners within 300 feet. (z) A check in the amount of $100.00 madelMp6yable to the T3wn of Nantucket. (3) Four copios of the application and a map or plan showing the location of the property to be considered. (q) If the applicant is other than the owner, please indicate your authority to make this application. BOARD'S DECISION Application submitted to Board °mss Adverti.4,0g dates Hearing date(s) Decision of Board;: Decision filed with the Town Clerk + NJ O > (J) 00' CQ6 7-Z A g jo - -1 O (J) 00' CQ6 7-Z A g jo TOWN GF NANTUCKET BOARD OF APPEALS of par,: 3.;tf. rest in the ratter cf the _.:, o: 'dame t' ,k Address Property Address Mooney, Robert F. et al, Broad Street Lombardi, Deborah A., 40 Hummock Pond Road Johnson, Paul H. and Brenda, Hummock Pond Road Baird, Patricia and Kamlin, Virginia B. Nottingham Square Road Epping, N. H. 03042 Larrabee, Harry A. Jr., 35 Hummock Pond Road Burchell, Edward and Ann, 75 Milk Street Pacific National Bank, Tr. u/w /o Burcneil, Isobel C. 65 Main St. Powers, Noyes T. and Mary L., 5 Nerrlands Street, Chevy Chase, Md. 20815 Chase, Frederick R.. 28 Dukes Road Chase, Frederick W. and Eleanor L. 30 Dukes Road Trott, Donald L. and Frances, 20 Geneva Court, Wayn4, N. J. 07470 Larrabee, Harry A. 111, 49 Hummock Pond Road Dunham, Katherine, 39 Hummock Pond Road Taylor, Deborah, 72 Cliff Road Owen, Raymond and Barbara, P. 0. Box 493, Nantucket, Mass. i certify the foregoing is a list of persons who are owners of ]- abutting the property, owners of land abutting th0- abutters, c) ".1. of lard directly opposite the property on any street or way, .n;. owners of land within 300 feet of the property, all as they :>: on the most recent applicable TAX list. Uate .�`Z'L Assessor Town of Nantucket