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HomeMy WebLinkAbout095-85r TOv1 N ()F N A NT tTCKF;'T' BOARD OF APPEALS NANTUCK FT, NIA5SACH) E "I "I S 02554 November 21, 1985 Re: WILLIAM AND GAYL MCGUIRE (095 -85) Enclosed, please find notice of a decision of the BOARD OF APPEALS which has this clay been filed with the Town Clerk. Ariv appeal fror:; t}1is action shall be made pursuant to Section 1.7 of Ciapt`r 40,1 of the General Laws, n shall he filed ,within twenty (20) days after this date. William R. Sherman, Chairman i�OARD OF APPEALS BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: At a Public Hearing of the BOARD OF APPEALS held on FRIDAY, NOV- EMBER 8,1985 at 1:30 p.m. in the Town and County Building, Nantucket, in the matter of the Applccation of WILLIAM AND GAYL MCGUIRE (095 -85)9 address Box 2453, Nantucket, MA 02584, the Board finds: 1. Applicants seek a SPECIAL PERMIT under Zoning By -Law SECTION 139 -271 to be relieved from the terms of a building "cap" covenant. That covenant which they executed under Section 139 -27F to obtain a building permit, otherwise delayed, would otherwise bind a successor interest. They ask relief to enable a sale and distribution of their marital assets following divorce. The property to be sold is located at 34 POLPIS ROAD, Lot 4 of Land Court 39628 -A in the LIMITED USE GENERAL -1 zoning district. 2. 9ased upon the Application papers, plus testimony and repre- sentations, including those of Applicant William McGuire, we find that Applicants acquired the property on January 24, 1984. Thereafter and in good faith they executed a covenant in usual form to obtain a building permit without the delay provided in Section 139 -27. They commenced, but never completed construction of what was to be their marital house, meanwhile renting other on- Island accommodations. 3. On September 12, 1985, they were divorced. The property, their principal asset, has been offered for sale to enable a division of assets by cash distribution, also to pay several months of past due mortgage payments and other marital obligations. Prior sales have failed, we are told, because of the covenant. A current purchase and sale agree- ment is conditioned on our grant of the relief requested here, with a December closing date. 4. We find that grant of the requested Special Permit to Appli- cants would be in harmony with the general purpose and intent of the (095 -85) of the Zoning By -Law chapter. Particularly is this so where, as here, the conditions of Section 139 -272 apply. Strict conformance with the covenant would impose an unreasonable and severe personal and financial hardship upon Applicants by reason of their divorce. No opposition to such relief was heard. 5. Accordingly, this Bomrd by UNANIMOUS vote, GRANTS to Applicants a SPECIAL PERMIT pursuant to SECTION 139 -27J relieving them from the terms of the covenant they executed. Dated: November 21, 1985 Nantucket, MA 02554 No v t i e e w.I k j-5 Bs-- , William R. Sherman f} s S •s rgNr i o w N rkt UL Andrew J. Leddy Dorothy D. Vollans NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, NOVEMBER 8, 1985 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Applica- tion of WILLIAM AND GAYL MCGUIRE (095 -85) seeking a SPECIAL PERMIT under SECTION 139 -27F (Covenant) of the Zoning By -Law. If granted, the Applicants would be relieved of the requirements of the Covenant due to changing personal circumstances. The property is located at 34 POLPIS ROAD,LOT 4, LAND COURT 39628 -A and zoned LUG -1. William R. Sherman, Chairman BOARD OF APPEALS FEE $100.00 Case No. d - ti APPLICATION TO THE BOARD OF APPEALS Nantucket, Massachu et',:; 17'o the Members of the Board of Appeals: The undersigned hereby applies for relief from the terms c` (ZONIMG BY -T,AW) (BU,.LDINC CODE) on property described below: Location of Property± Lo : i 1 o. P l a n No . LANNp !27 &2 Z 6 -A D i_:3 `:rict is zoned for l "�,�. LUG- Type of structure(Existing ) or proposed use: Owner's Name JZII A& % 4 Me- Ow.ler' s Address U MX o215,84 Wh:,n did you acquire this property? LyAM 1984 Has application been filed at Building Department? yrs Has any previous appeal been made? M O Section of By -Law or Code from which relief is requested: raw PM G©V�I Reason for asking relief:' Dr�Qp, a�( o, Si n t f applicant AT'T'ACH: (1) A list of the names and addresses of each abutting owner and owner abutting the abutters, and owners within 300 feet. (2) A check in the amount of $100.00 made payable to the T:,,an of Nantucket. (3) Four copies of the application and a map or plan showing the location of the property to be considered. (4) If the applicant is other than the owner, please indicate your authority to make this application. BOARD'S DECISION Application submitted to Board Advertising dates Hearing date(s) _ Decision of Board Decision filed with the Town Clerk _ — cad 1,1' 7-,9� TD cod C' c /L C�� �-i 5' T-S-- J -� 'dame TOWN OF NANTUCKET BOARD OF APPEALS of parries in interest in the matter of the petit-'on o <:: t AA(- Address bw Z4 15 5 I1-M UXET M. o25a4 Property Address �(5 rww 41 yo CIMTWA M. V IOCENT * t34 NE1L e f KA7WLrTt4 A. 820SNAM 591 CH M rel %R el 34 P LFIS 110A0 SM VFRAN CIS(o CA. 9,401 WN TMKCT MA . 021;54 ► of aORi EDWA D S. PRISCIUA WILUA05 #16 JOKMM F. ILSE M. KLE6l: Z SHIMMo ARID eoAO W 1VAM OF P(ME5 MMTu(CET MA. 02554 H)ETOM RW SL 199 t8 OAM NANC.y M • (zAy LOW 11140 MARINA WA'I W -01k H. PALM QEA .* FL 3 3408 490 M owl p 1,, 1 CALT.0L C,Rp GK 45 15REWS ?EK gomo NANT�X. KE1 , MA OL554 :4 95o josojy } MA- Tg*LlE J. A40STIN0 (aZ 86(000#J 5 ?ufr W 04 H /top MA 0%157Z Z�51 EMT W /N0 MQ-1 Tku3r V-L # o L PAt.M k TES HIM(a "M MA. 02043 Z43 L Ppw► € PAM Et,A 5A510 NAOTUX)T 1 MA 025-54 • 25` HAL,Do W105TM?M'S LTD 304 6rLEM&At M AVE. To Rol! To M FN 1 T 9 oNTAI L to 40ko ►.pA ow c o *257 PEW, M. SAL) L+W40 - JAMo4 P.O. I!PX 1085 MA NTut;ICE"f, *A. oZ554 ___ _ 1Uj M R. F t Sit SH I MMO FbW EQAD NAN TLUtj AA. 02554 gyp. ftl mwl4 " com S[cvr cojw& 1,,w, MAMjtxj(r7 MA. OZS54 a 93 C yM W. MgC-a- fix K.A. EYEQE'fT ETAL 410 CHM W, FooLriC rjQ$ OR^N 6F STIM7 MAN TWCE1 Aw a2554 if 94-( RiwAeD aRcon f 1.4• HUM FTC ARNE L"F NMT xCCj AID . 0554 I certify the foregoing is a list of persons who are owners of 1, abutting the property, owners of land abutting the abutters, owi', of land directly opposite the property on any street or way, ancl owners of land within 300 feet of the property, all as they apfc` on the most recent applicable TAX list. Date Assessor Town of Nantucket MOM lCQ0mwm 1. J.