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Home My WebLink About010-860 Y 0-. OF NANTUCKET M,-C7 "BOARD OF 7APPEALS e NANTUCKET. MASSACHUSETTS 02554 ft February /2., 1986 Re: STEPEHN AND VIRGINIA GALLAGHER (010 -86) 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, Chairman BOARD OF APPEALS BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: At a Public Hearing of the BOARD OF APPEALS held on FRIDAY, FEBRUARY 7, 1986 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, NANTUCKET, in the matter of the Application of STEPHEN AND VIRGINIA GALLAGHER (010 -86) address 25 1/2 Bartlett Road, Nantucket,the Board enters the following Decision and makes the following findings: 1. Applicants seek 139 -27J for relief from a executed and made of reco retention period delay of BARTLETT ROAD, LOTS 1 and zoning district. a SPECIAL PERMIT under Zoning By -Law SECTION building "cap" covenant (139 -27F) which they rd to obtain a building permit without the 139 -27C. The premises are located at 25 1/2 3, Plan Book 22, Page 71 in the RESIDENTIAL -1 2. Applicants are found in good faith to have obtained the building permit for their own custom - designed, owner - occupied dwelling. They previously established a domicile in Nantucket and built with the inten- tion of maintaining that domicile without set time limit. About one year ago, however Mrs. Virginia Gallagher found compelling a return to her native Australia with her husband and children. 3. The property has been widely listed with local realtors for about one year at a price reasonable for marketing with covenant. None- theless, the only sales prospect, now under purchase and sale agreement for March closing, has conditioned purchase on relief from the covenant. Sale and emigration are delayed pending relief here, with financial and other severe personal hardship. The covenant dates from December, 1984. The Planning Board's recommendation was favorable. 4. We find that, under the exceptional circumstances noted, relief may be granted in harmony with the general purpose and intent of the zoning chapter. Note is made that neither Applicant may execute another such covenant during the unexpired term of the first. further, the permit (010 -86) -2- may be revoked in case of any false statement or misrepresentation of fact in this Application (139 -26F). 5. The Board, by UNANIMOUS vote, hereby GRANTS to Applicants the requested SPECIAL PERMIT under SECTION 139 -27J. Dated: February{-, 1986 Nantucket, MA 02554 0-0 /0 Jt�- /- William R. Sherman Linda F. Williams C. Mardhall Beale 1j NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, FEBRUARY 7, 1986 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Applica- tion of STEPHEN AND VIRGINIA GALLAGHER (010 -86) seeking a SPECIAL PERMIT under SECTION 139 -27J for relief from a 27F building "cap" covenant with hardship occasioned by their emigration from the U.S.A. The premises are located at 25 1/2 BARTLETT ROAD, LOTS 1 and 3, PLAN BOOK 22, PAGE 71, and zoned RESIDENTIAL -1. William R. Sherman, Chairman BOARD OF APPEALS NE -1 FEE $100.00 Case No. APPLICATION TO THE BOARD OF APPEALS Nantucket, Massachuset;:: To the Members of the Board of Appeals: The undersigned hereby applies for relief from the terms of BY- LAW)(BUILDING CODE) on property described below: Lcccition of Property? VALET �D . Lot r c; — Plan No. fMK P6. it Ci_.-1':rice is zoned for 001iA(V _ yp- of structure (Existing or Proposed) or proposed use: J� f2cpgcp,n ?�1Nt✓l,iit�G uv :•ner' s Name <j (Q 1 klgD 4k�Gt my tk1 _P6F�ER Owaor' s Address r) �Pel- j, alt- 'Rb . wh �n did you acquire this property? �%b� 12- 053 Has application been filed at Building Department? Has any previous appeal been made? 0 Section of By -Law or Code from which relief is requested:_ 3 % Reason for asking relief: we immi&RKW& -ro ,jWJQj Auf��aif� We NcitnEcA�[D � � We nt��P nC _. Signature of applicant ATTACH: (1) A list of the names and addresses of each abuttinc 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.3wn of Nantucket. (3) Four copi6s 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 4A , 0 Advertising dates Hearing date(s) _. Decision of Board Decision filed with the Town Clerk — oy"71 TO w (2keizk TOWN OF NANTUCKET BOARD OF ;%PPEALS L:st of par�cies in interest in the matter of the petition o`.: Name - 'tJGJtN ��D Vll?�IN�u� GPt- i,P�N1 -.`�' . Address y h ; i✓ I,f it } }; . Property Address «w I certify the foregoing is a list of persons who are owners of 1- abutting the property, owners of land abutting the abutters, own of. land directly opposite the property on any street or way, and owners of 1r:nd within 306 feet of the property, all as they appeal on the most recent applicable TAX list. mil Date Assessor Town of Nantucket Abutters of Stephen & Virginia Gallagher of 252 Bartlett Road Map 55 107 Reith, Norman F. 5031 Dasco Nominee Trust 349 Pearl Street 504 ?Windy Way ' Reading, MA 01867 5051Nantucket, MA 02554 506; 106 Reith, Mary L. 58 Cato Lane Nantucket, MA 02554 2.4 Huttner, Lorraine B. c/o Lindley Harold W., Jr. Fairgrounds Road Nantucket, MA 02554 2.3 Corby, Robert B., et al 2 Fairhaven Park Ashburnham, MA 01430 2.2 Lizza, Hohn P. & Elanor M. c/o Warlick, Robert G., Jr. POB 1314 Nantucket, MA 02554 2.1 Haroldson, Jacqueline C. 291 Crest Pl. Franklin Lakes, NJ 07417 2. Hallam, Kerry et al 1 Pheasant Dr. Nantucket, MA 02554 1. Sayles, Charles F., Jr., et ux POB 961 Nantucket, MA 02554 110 Morris, Wayne & Nancy POB 58 30 Bartlett Rd. Nantucket, MA 02554 111 Campbell, Ernest Wayne & Johanna 5 West York Lane Nantucket, MA 02554 Map 67 425.3``Peaker, Robert H. & Veronica A. 425.4 1126 E. Front Street 425.j Plainfield, NJ 07062 112 Perry, Nancy A. & Armstrong, Joseph A. 26 Bartlett Road Nantucket, MA 02554 112.2 Perry, Nancy Ann 26 Bartlett Road Nantucket, MA 02554 113 Perry, Edith Bartlett Rd. Nantucket, MA 02554 3 Kotalac, Stephen & Manera, John P. Miacomet Avenue Nantucket, MA 02554 8 Brownell, Judith C. 106 Surfside Road Nantucket, MA 02554 7.1 McLean, William A., Jr. 12 Mooring Lane E. Dennis, MA 02641 7 Masaitis, Karen c/o McLean POB 2310 Nantucket, MA 02554 4- 4.1 Perline, Karen M. 4.3;c /o Cairnes, Walter 4.41105 Massachusetts Ave. 4.5 Cambridge, MA 02138 6 5 Fortenberry, Mark W. 25 Bartlett Road Nantucket, MA 02554 3 Corby, Robert B., et al 2 Fairview Park Ashburnham, MA 04130