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Home My WebLink About012-86� 20 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 March IO , 1986 Re: RHODA WEINMAN (012 -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. n� 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 1:30 p.m. and taken UNDER ADVISEMENT and decided at the MARCH 4, 1986 meeting, in the Town and County Building, Nantucket, in the matter of the Application of RHODA H. WEINMAN (012 -86) address 48 Main Street, Nan- tucket, MA 02554, the Board enters the following Decision and makes the following findings: 1. Applicant here appeals from the action or decision of the Building Inspector dated January 17, 1986 to retain two building permit applications in the "cap line" where he had placed them pursuant to Zoning By -Law code SECTION 139 -27C. Such appeal is taken pursuant to SECTION 139 -31. 2. The building permit applications were filed by owner MADAKET REALTY, INC. ( "MRI ") for Lot 719 and Lot 387 (Land Court Cert. 12,127), non - adjoining lots on the MADAKET ROAD, in the zoning district RESIDENTIAL -2. Because the lots are in common ownership, were acted upon jointly by the Building Inspector in response to Applicant's letter of January 7, 1986, and involve a commonality of issues, we have proceeded with both in this single Application. 3. Based upon the Application papers, documents received in the record, testimony, representations, and briefs by counsel following our hearing of February 7, 1986, we find that Lot 719 was created by an ANR subdivision dated 5/14/79; hence, until 5/14/82, use of the premises was governed by the Zoning By -Law as amended through April 3 and 4, 1979 (or, depending on subdivision date as the By -Law stood prior to any such 1979 amendment)., See Section 8H.6 corresponding to present 5139 -33H. Since the lot has remained unimproved to this date, its "use" in the R -2 zone is permitted as "preservation of a lot in its natural condition" (then 54A.e now 5139 -7A (5)). On 11/6/81, a Declaration of Interval Ownership Covenant ( "Declaration ") was recorded at the Nantucket Registry District for the (012 -86) -2- Land Court, executed by the then owner of Lot 719 to which it applied. So far as we are advised, no termination of that Declaration has been effected. 4. We find that such Declaration did not, itself, constitute a use of Lot 719 which remained the permitted "preservation of a lot in its natural state ". Our record shows no implementation of the Declaration, no undertaking with other parties. The Declaration remained, nonetheless, evidence of the owner's intent to effect a time - sharing, or time- interval- ownership ( "Timesharing ") use if and when a dwelling unit or units were constructed on the lot. 5. By adoption of Article14 effective April 7, 1982 at Annual Town Meeting by 239 - 8 vote, the definitions section (now Section 139 -2A) was amended to fist include Time - sharing or Time - Interval - Ownership Dwelling Unit and to list that defined term in the disjunctive under "Transient Residential Facilities" with hotels, motels, lodging or guest houses. For the first time, Time - Sharing Dwelling Units became a permitted use, but only in the Residential- Commercial district. In the R -2 zone involved here, that use is not permitted ( §139 -6, 7 and 8). Much is in the record con- cerning history underlying this amendment and the propriety of characteri- zing Transient Residential Facilities (time - sharing or time- interval- ownership dwelling units) as a "use" legally subject to zoning. Whatever merit there may be in a contention that a lot in its natural state can pro- perly be subjected to actual time sharing as a constitutionally protected form of ownership, irrespective of zoning, we are called to apply the Zoning By -Law as adopted by the Town and, with Attorney General approval, as amended, concerning Transient Residential Facilities. 6. Pursuant to Section 139 -26A, "No (building or use) permit shall be issued until such ... use, as proposed, shall comply in all respects with the provisions of this (zoning) chapter." MRI cannot simply apply for a permit to build what looks like a single- family residence and then, in the R -2 zone, commence to use it as a Transient Residential Facility after construction is completed, which use MRI intended from the start. The intended use, whether shown on the Building Permit Application or in the Registry of Deeds, must be a permitted use complying in all respects with zoning in the given district. (012 -86) -3- 7. Arguments of MRI based on "grandfathering" of a time - sharing use and lawful expansion of that (non- conforming) use by construction of a time - shared dwelling or residence are without merit. Without any actual time - sharing of the open lot, there can be no use (assuming that would be a "use "). Mere intent is insufficient to effect a use. Town of Bellerica v. Quinn, 71NE2d235 (1947) without a pre- existing, non - conforming use, grandfathering is not properly asserted ( §139 -33A). The argued legality of expansion of use and abandonment of use has no basis. 8. Counsel for MRI would have us read the Zoning By -Law as if Time - Sharing Transient Residential Facilities were permitted in every residential zone if limited to a "dwelling" as distinguished from a multiple "dwelling unit" use. Or, as put by counsel, MRI proposes to construct a Time - Shared "dwelling" (presumably as a single- family residence permitted in the R -2 zone) without constructing a "dwelling unit" and thus without the result constituting a "Transient Residential Facility" barred in R -2. Comparing the definitions of "dwelling" and "dwelling unit ", such a "dwelling" would necessarily not include within it a "room or enclosed floor space" ... "forming a habitable unit for, one (1) family ..." Clearly, MRI strains in asking consideration of such a misreading. "Dwelling unit" serves in count- ing units in a single- or multi -unit "dwelling ". "Transient Residential Facilities" can, by definition, include time - shared dwellings with one or more dwelling units. 9. Counsel for MRI also argues that Applicant's appeal was not timely filed (though presumably admitting that her filing January 19, 1986 was less than 30 days following the Building Inspector's letter of January 17, 1986, which first advised her of his decision not to undertake the "enforcement action" requested in her January 7, 1986 letter). MRI would have the 30 days run from about 11/6/85 when he put MRI's building permit in the "building cap" line ( §139 -26D and 27C) for delayed but automatic issuance about December, 1986..She was not, however, aggrieved by an in- ability to obtain a permit but to obtain an enforcement action. January 17, 1986 marks that event and starts the 30 -day clock. See Vokes Et Al V. Lowell, Inc., Mass. App. Ct. 471 (1984). That she truly sought an "enforce- ment action" is clear from enforcement Section 139 -25 ( "No permit shall be (012 -86) -4- granted for a new building - which use would be in violation of this chap- ter"). Enforcement should not be with ♦held until a certificate of occupancy is sought, §139 -28 A(1) and (2), as counsel for MRI appeared to argue. 10. What has been written with respect to Lot 719 applies similarly to Lot 387 ( formerly 848) giving account for its dating from ANR subdi- vision on 5/14/84 and Declaration dated 10/10/81. 11. Accordingly, this Board by UNANIMOUS vote reverses the 1/17/86 decision of the Building Inspector and directs the Building Inspector (1) not to grant the corresponding building permits unless and until they are free of any recital of a Time - Sharing use and Declarations are terminated; (2) not to retain the applications for such building permits in the "build- ing cap" line (5139 -27C) unless the respective Declaration of Intent terminations are effected within fourteen (14) days following the twenty - day period during which this Decision may be appealed (5139 -31G). Dated: MarchjO , 1986 Nantucket, MA 02554 William R. Sherman ✓.ew C-7. _' UiAk Andrew J. Leddy, Jr. Linda F. Williams 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 RHODA H. WEINMAN (012 -86) appealing under Zoning By -Law SECTION 139 -31 from an action or decision of the Building In- spector dated January 19, 1986 retaining two building permit applications in the "cap line" per Section 139 -27C. Such Appli- cations are for Lot 719 (Land Court Cert. 12,127) and Lot 387 (Land Court Cert. 12,127) owned by Madaket Realty, Inc., on the Madaket Road in Zoning District RESIDENTIAL -2. There are inter- val ownership covenants on the Certificate and Applicant asserts that interval ownership /timesharing is a prohibited use in this R -2 district. William R. Sherman, Chairman BOARD OF APPEALS AB -1 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 PropertyLots 719 and 387, !223•'.Madaket Road and 304 Mada et Certificate of litie No. 12177 Koad respectively IaabcAlmx Plan No. District is Zoned for R -2- Type of structure (Existing or Proposed) or proposed use: interval ownership /' time- sharing Owner's Name Madaket Realty. Inc. Owner's Address c/o The Tristram's Group, Nantucket, MA 02554 When did you acquire this property? n. I a Has application been filed at Building Department? yes (this is an a eat from Building Inspec or s ecision - see attached) Has any previous appeal been made? yes - Section of By -law or Code from which relief is requested: 139 -29 D(b) Reason for asking relief: Aearieved ^$- Inspector to allow two-building permit applications in'the "cap" when the subject lots have covenants on the Certificate of- TitI "e re a ive to ime- scaring interva ownership. Interval ownership is now a prohibited use in R -2 and I am an abuttor _f Signature of applic 4 ATTACH: (1) A list of the names and addresses of each aouTTtttting owner and owner abutting the abutters. 00.0 (2) Check in the amount of made payable to the Town of 6,r5 '/ Nantucket. y�[`/ Cl�r1Q (3) Map or plan showing.the location of the property to be considered. (4) If the applicant is other than the owner, please indicate yolir authority to make this application. BOARD'S DEEfCIQSI_ON J Application submitted to Board Advertising dates Bearing date — Decision of Board Decision filed with the Town Clerk 48 Main Street Nantucket, MA 02554 (617) 228 -9600 (617) 228 -3290 Board of Appeals Town and County Building Nantucket, MA 02554 Dear Board of Appeals: RH ®DA H. WEINMAN Allorney al Law January 19, 1986 54 Hancock Street Lexington, MA 02173 (617) 862 -8017 I have been aggrieved by reason of the Building Inspector's denial of my request (see attached letter from me to the Building Inspector dated January 7, 1986 and his letter to me dated January 17, 1986) to enforce the Zoning By -Laws and remove from the building cap Lots 719 and 387 located on the Madaket Road and owned by Lindsey R. Perry, Jr. and Madaket Realty Inc. respectively. Both of these lots are located in the R -2 district. I am an abuttor on both sides of Lot 719 - my primary residence located on lot 625 abuts Lot 719 as does Lot 720, which is a vacant lot that I also own. Thus, I am appealing to the Board of Appeals under Section 139- 29D(b) for the following reasons: (1) Both lots 719 and 387 have noted on their respective Certificates of Title a Declaration of Covenants and Restrictions of Interval Ownership. Since the proposed use of interval ownership is an extension of a pre -- existing, non - conforming use requiring a Special Permit (see attached letter from Building Inspector's office dated October 8, 1985) these lots should not be placed under the cap until there is a public hearing. Since the building of a dwelling dedicated to interval ownership is a substantial expansion of the non- conformity and clearly much more detrimental to the neighborhood, the Board should not grant a special permit under Section 139 -33A. Additionally, under Section 139- 33(C), the non - conforming use i.e, interval ownership has been abandoned since it has'been more than three years since the Declaration of Covenants was filed at the Nantucket Registry District. (2) At the Town Meeting held on April 7, 1982, Article 14 relative to ZONING: TIME SHARING as recommended by the Planning Board was adopted as written (see enclosed certified copy) by a vote of 239 to 8. This article clearly states that interval ownership /time sharing is to be limited to residential /commercial and limited commercial areas and that it is clearly prohibited in the R -2 district. In light of the above, I the agenda at the next Board 7, 1986. /�� SAS r/�N, %v w•. � Tit RHW:gem enclosures am requesting that I be given a place on of Appeals meeting scheduled for February VerytrCi]ly; ydurs, Rhoda H W einman `- T0WN OF !'ANT.'CKET BOARD OF "PPhAL: iR lnLe r�:.i f. In i...,. r']L `c_, i)7: the ,)et i.CiJn G`: Name__------- J`lLrLJ�� "// Fc )j—rty Ac,.. .4c I certify tite fcregoing is a list of persons who are owners of la abutting the property, owners of land abutting the abutters, owner of land directly opposite the property on any street or way, an owners of land within 300 feet of the property, all as they apps.'.'' T on the most recent applicable TAX list. Assessor r)L e Town of Nantucket I I II' J- .r i� { il. V�� T4- -- L & I�. I I - -- - - - - -- - -- - -- - C7 I /� 6.CY - -- - i l', TObiN OF : ,,N f', CKET "et i L : n C' . Name - - -- r,2 s s o l_2 -;z Address Z' 1 certify tile_ foregoing is a list of per_ -ons who re ow :�n rs of la abutting the property, owners of land abutting the abutters, owner of land directly opposite the property on any street or way, an owners of land within 300 feet of the property, all as they appe' ,1VI on the most recent applicable TAX list. / l D� Le Assessor Town of Nantucket G CJ- RHODA H. WEINMAD ,71llo.rney of Law 3 Main Street Nantucket, MA 02554 (617) 228 -9600 (617) 2213290 Board of Appeals Town and County Building Nantucket, MA 02554 Dear Board of Appeals: January 197 1986 54 Hancock Street Lexington, MA 02173 (617) 862 -8017 I have been aggrieved by reason of the Building Inspect-or's denial of my request (see attached letter from me to the Building Inspector dated January 7, 1986 and his letter to me dated January 17, 1986) to enforce the Zoning By -Laws and remove from the building cap Lots 7191 and 337 located on the Madaket Road and owned by Lindsey R. Perry, and Madaket Realty Inc. respectively. Both of these lots are located in the R -2 district. I am an abutt-or on both sides of Lot 719 - my primary residence located on lot 625 abuts Lot 719 as does Loto72O, which is a vacant 'lot that I also own. Thus, them.fappealingto the reasons: Board of Appeals under Section 139- 29D(b) (1) Both lots 719 and 387 have noted on their respective Certificates of Title a Declaration of Covenants and Restrictions of Interval Ownership. Since the proposed use of interval ownership is an extension of a pro- existing, non - conforming use requiring a Special Permit (see attached letter from Building Inspector's oiffice datedtil October 8, 1935) these lots should not be placed there is a public hearing. Since the building of a dwelling dedicated Lo interval ownership is a substantial expansion of the non- conformity and clearly much more detrimental to the neighborhood, the Board should not grant a special permit under Section 139 -33A. Additionally, under Section 139- 33(C), the non- conforming use interval ownership has been abandoned since it has been more than three years since the Declaration of Covenants was filed at the Nantucket Registry District. (2) At the Town Meeting held on April. 7, 1982, Article 14 relative to ZONING: `.CIML SHARING as recommended by the Planning Board was adopted as written (see enclosed certified copy) Y a vote Lo S. This article clearly states that interval ownership /time sharing is to be limited to residential /commercial and limited commercial areas and that it is clearly prohibited in the R -2 district. In light of the above, I am requesting meet-i tng scheduled tat l given for I'ebruary the agenda at the next Board of App 7, 1986. Very truly yours, Rhoda H. Weinman RlIW: gem onrl n<;nres 48 Main Street Nantucket, MA 02554 (617) 228 -9600 (617) 228 -3290 Board of Appeals Town and County Building Nantucket, MA 02554 Dear- Board of Appeals: RHODA H. WEIN AN ,71116rney al Law January 19, 1986 2 54 Hancock Street Lexington, MA 02173 (617) 862 -8017 I have been aggrieved by reason of the Building Inspector's denial of my request (see attached letter from me to the Building Inspector dated January 7, 1986 and his letter to me dated January 17, 1986) to enforce the Zoning By -Laws and remove from the building cap Lots 719 and 387 located on the Madaket Road and owned by Lindsey R. Perry, Jr. nncl Mladaket Realty Inc, respectively. Both of these lots are located in the R - -2 district. I am an abuttor on both sides of Lot 719 - my primary residence located on lot 625 abuts Lot 719 as does Lot 720, which is a vacant lot that I also own. Thus, I am appealing to the board of Appeals under Section 139- 29D(b) for the following reasons: (1) Both lots 719 and 387 have noted on -heir respect=ive Certificates of Title a Declaration of Covenants and Restrictions of 1-nterval Ownership. Since the proposed use of interval ownership is an extension of a pre -- existing, non- conforming use requiring a Special Permit (see attached letter from Building Inspector's office dated October 3, 1935) these lots should not be placed under the cap until Lhe re is a public hearing. Since the building' of a dwelling dedicated Ko :interval ownership is a substantial expansion of the non - conformity and clearly much more detrimental to the neighborhood, the Board should not grant a special permit under Section 139 -33A. Additionally, under Section 139- 33(C), the non -- conforming use i.e. interval ownersh=ip has been abandoned since it has been more than three years since the Declaration of Covenants was filed at the UgLucket Registry District. (2) At the ':l.'own Meeting held on April 7, 1932, Article 14 r-c,TaLive to ZONING: TIME SHARING as recommended by the Planning Board was adopted as written (see enclosed certified copy) by a vote of 239 Lo 8. This article clearly states that interval ownership /time sharing is to be limited to residential/commercial and limited cummerci-al areas and that it is clearly prohibited in the R -2 district. In :l=ight of the above, I am requesting that I be g=iven a place on the agenda at the next Board of Appeals meeting scheduled for February 7 1986. . V e :r y r BUILDING TOWN BUILDHII C� rti ildt?`. 2 BAS'Y C1i1' i:'t,tYY SJ"REEf NANTUCKi:T, �✓ff°s >>ACHUs13"i1's 02564 Rhoda H. Weinman Attorney At Law 48 Main Street Nantucket, MA 02554 Dear Rhoda, "i•elepl►onc 228-0588 - � s In response to your letter of January 7, 1986, I have obtained a written opinion from Town Counsel (see enclosed). It is the opinion of Counsel., that Tots 71.9 and 387 arc, protected under. 1.39 -33, the grand- father provisions of the zoning by -law and are therefor_ enLiLl.ed to a building permit wlien their "cap date" arrives. Acting upon this opinion I have left the applications of Mr. Lindsey Perry, Jr.. and Mr. Ken L-insey, Madaket Realty Trust, i n the "cap line . " Permits will be issued when due on December 5, 1986 and December 12, 1986 respectively. Please be advised that this action of the Building Inspector may be appealed to the Board of Appeals. Sincerely, Carl Borchert Inspector of Buildings CB /sfh enclosure VAUGHAN AND DALE ATTORNEYS AT LAW . WHALERS LANE J ,)WARD FOLEY VAUGHAN NANTUCKET, MASS 025511 1 U KEVIN F DALE 1 1d�t (617) 228 44 55 Vr f. jjjJJJ January 16, 1986 MEMORANDUM FOR BUILDING INSPECTOR On or about November 6, 1985, I gave you an informal opinion in .respect of the time sharing of Lot 719 (Land Court Certificate 12,127) and Lot 387 (Certificate 10,382) belonging to Lindsey Perry and located on the Madaket Road. I told you at that time that the zoning by -law did nest, in my view, embrace time sharing of single family residences.. In doing so I agreed with an argument made by Attorney Ted Tillotson. Mr. Tillotson also'argued in the alternative, that the time - share status of the Lots was grandfathered because they were time- shared prior to the change in the zoning by -.law prohibiting them in all zones except R -C and L -C districts. . I note that Lots 719 and 387 are located in a Residential District. As a result of my opinion and on November 6, 1985, you put Lots 719 and 387 in the "cap ", that is, in line for building permits which are now scheduled to issue on December 5, 1986, as to Lot '719 and December 12, 1986, as to Lot 387. Building Inspector January 16, 198.6 page Two As a result of further research and in particular based upon what I regard as the legislative history of the zoning change as found in the recommendation of the Nantucket Planning Board (Article 14, Annual Town Meeting 4/7/82), it is my formal opinion that a single family residence outside R -C and L -C zones may not be time shared. The question then becomes: what status do Lots 719 and 387 have, if any. In my opinion time sharing of the real estate embraces the construction of a time sharing single family residence on the land. There is no logical cut -off between the two actions and therefore I view them as one. The land and its use are protected by the grandfathering and therefore the lots should continue to have their slot in the cap. Resp u y submi ted, EFV /pgm cc: Theodore L. Tillotson, Esq. 48 Main Street Nantucket, MA 02554 (617) 228 -9600 (617) 228 -3290 Mr. Carl Borchert Building -Inspector Nantucket, MA 02554 F-1-101M '�KVAUNJAfAN ✓ 116. z2cy cd L7Catz) January 7, _1.986 54 llancock S, i-oof hii\ 02.17:_; (617) ,62 1130Fi Dear Carl: I recently learned that Mr. Lindsey R. Perry, Jr. applied for building permits for his -lots numbered 719 and 387 located on the Madaket Road. I subsequenC 1_31 l_esrne ci that despite the letter from your office dated October 8, 1985 advising Mr. ['errs; that he would have to go to the Board of Appeals because his proposed use of in tee Val ownership was considered to be an expansion of a non - conforming use requiring; a special permit, and, additionally, that interval ownership /time sharing is a prohibited use in the R =2 district, these two lots have since been placed in the building cap. I enclose herewith a copy of Article 14 duly certified by Madeline G. Perry, `].'own Clerk, relative to ZONING: TII`'E SHARING as recommended by the Planning Board and adopted as written by a vote of 239 to 8 at the Town Meeting held on April 7, 1_982. This article clearly states that interval ownership /time sharing is to be limited to residential commercial and - .=i.m :i_ted commercial districts. Since Mr. Perry's lots numbered 719 and 387 are both located in an area zoned ar.: R -2, interval ownership/ time sharing is clearly not a permitted use -i_n tli:i.s Thor.efore, I rospectful.ly roquest that these two -lots he removed From 1--ho rrip i,nr;cri! i aLely, and that Mr. Perry be notified accordingly. :I: would like to :further remind you during the month of December, 1985 various members of the Perry family put on record Declaration of Covenants and Restr:i_cl.i.on :-3 of Interval Ownership on the :following lots owned by them: ^Lot 721_ Madaket Road Lot 724 Madaket Road Lot 726 Madaket Road Lot 727 Madaket Road Lot 785 Long Pond Road Lot 852 Starbuck Road Lot 834 Oakland Street Lot 862 Starbuck Road Lot 835 Oakland Street - Document No. 34408 - Document No. 34277 - Document No. 34274 - Document No. 34273 - Document No. 34275 - Document No. 34276 - Document No. 34278 — Document No. 34279 — Document No. 34280 As you know, "Lot 721 is owned by Bruce Perry, and a building permit was .issued to him based on his execution of a residency covenant. I would appreciate a written response from you as soon as possible re.laL ive to my request to remove lots 719 and 847 from the building cap. Very truly yours, Rhoda H. Weinman RHW:gem cc: William Klein Foley Vaughan J` 1'TliQ no . ,, c ` O i �- '�i, n'pOR.Gi�c��` �•rrnru��'� Mr. Lindsey Perri• Jr. P.O. Box 212 Nantucket, Mass 02554 Dear Mr. Perry: NING INSITINC 11 () in TC)V�',ti 13U.11_D!T�G ANNE..i. :1 EAST (WESI NL (• S`I REET NANTUCKET. MASSi \C'11USET"i'S 02554 Telepho , 228-(.15K'.-! October 8, 198 On advice from Council this department cannot place your applications for dwellings locate6 on lots 719 and 387 Madaket Road in the Building; Cap. As we have discussed; your lots have been "time shared" on your -title land as such mAy ronst'itut:e a pre- cxisting, non - conforming use, because time sharing is now defined as-a-, tin .1aci.3 1 ty and only al expansion of a non- conforminC usr: requires a�s1�ecial permit: which-hi not been granted or applied for. A deiin.iti.vd'wr;.tten opinion from Town Council has yet to be recieved but, you have bean advised in person and on the phone of our position <,lativc to your permit application and of your alternatives. You will be supplied a cony of Town Council's tip i nf: n as soon as we recieVe it. 11 you have an; questiono, pleas.^ CC12 our office. Very TKuly Yours, -_ ~ �'• � ••••ter = _ • � �. Stephen Btu 0i Depury Building lnspectvr Madelyne G. Perry 1%NS OFFICE OF THE TOWN CLERK TOWN s CLERK -ai- Nantucket,.. ?anuarX.. 7 � .................. 19$6 TO WHOM IT MAY CONCERN: I, MADELYNE G. PERRY, TOWN CLERK FOR THE TOWN OF NANTUCKET, CERTIFY THAT ARTICLE 14 OF THE ANNUAL TOWN MEETING HELD IN NANTUCKET ON APRIL 7, 1982 WAS ADOPTED AS RECOMMENDED BY THE PLANNING BOARD, YES — 239, AND NO Article 14 Zoning: Time - Sharing To see if the Town will vote to amend the definitions sec- tion of the Zoning By -Law to include the following two new definitions: Section 2. Definitions 39. "Time- sharing or Time Interval Ownership dwell- ing unit" : A dwelling unit in which the exclusive right of use, possession or occupancy circulates among various owners or lessees thereof in accordance with a fixed or floating time schedule on a periodically recurring basis, whether such use, possession or occupancy is subject to either: (a) a Time -Share Estate, in which the ownership or leasehold estate in property is devoted to a time -share fee (tenants in common, time span ownership, interval owner- ship) and a timeshare lease; or (b) Time -Share Use, in- cluding any contractual right of exclusive occupancy which does not fall within the definition of Time - share. Estate, in- cluding, but not limited to, a vacation license, prepaid hotel reservation, club membership, limited partnership or vaca- tion bond. 40. "Transient Residential Facilities" : Hotels, motels, lodging or guest houses, and Timesharing or Time Interval Ownership dwelling units. Submitted by the Nantucket Planning and Economic Development Commission "To see if the Town will vote to amend the definitions section of the Zoning By- Law..." (Entire article not reprinted here.} Submitted by the NP & EDC The Planning Board RECOMMENDS FAVORABLE CTION on Article 14 as written. The Board finds -that time sharing or interval ownership constitutes a e of property hich is clearly different in in- tensity, type, anJ11egree from that normally associated with single family home use[The location of time sing n- interval o wn__ e� P uses in heretofore stable, U_i�gt reside tial neighborhoods is n�trrary to the general intent and�ar- ose of e zoning��w• The-u� 01 -structure forme p r to the intensity, type and degree of sharing is v use norma y associated with such transient residential facilities as hotels, motels, and guest houses. For that reason, the Board feels the td III d stric s which now a ow ship use should be remitted transient_ — Res reside d e ntial Commercial facilities and Limited�mmercial. THE VOTE BEING: VERY TRULY YOUR MADELYNE G. ERRY TOWN CLERK 100. or" Case No. T,i'PL:Ci;iC "d TO -!I'r. PaAkD OF APPEAL, :antucket, tdass. chose *_'_ tl,e of tho Board of Apoeais: Th^ undersigned hereby applies for relief from the terms of (13L "L)TF)C COD F) on property 6escri'bbed'Lbe�ow:/ -cr_ation of roperty L of 7/9 n7% ZcF�l��l Lot Y.o. Plan o. _ !;ir':rict is zoned for ;c of st: �c *_u�xc�;��:��nrJ or Proposed) or proaosed use: :, n r' s Name— / /L /1 (Y/ !!/ /F- AA —,icr's An dress �/c 72 /%%J%Ciilr LZ a-) �- wnh:n did you acquire Phis property? Has application been filed at Building Department? tias any previous appeal been made? y(Jj q L Section of By -Law or Code from which relief is requested: person for asking relief: C Ay/� -.2�1J OC CJ / //l - - -! Signat��k� a 1' ant A71':,Ce: (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 TLwn of Nantucket. (3) Four conies 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 i Application submitted to Board_ Advertising dates Hearing date(s) Decision of Board Decision filed with the Town Clerk TCa' J , F ' V J V 'K F. T _zL I certify trie fcregoing is a list of persons who are nuinors of la abutting the property, owners of land abutting the abutters, owner of land directly opposite the property on any street or way, an owners of land within 300 feet of the property, all as they app*°L� on the most recent applicable TAX list. Assessor Town of Nantucket ZY lVa `'74- a-k 0��) .-V4 el4le Alil ILI, u q1 C)! "o, /,v./- �iolv ")s /pie / /i �-- - /C- /- -?17 .- /-)/C- Of old, Ila Me G/ r :t'' 1.,? 7 Q t ;n C F 'j- 4, i certify tme foregoing is a list of persons who are owners of Is abutting the property, owners of land abutting the abutters, owner of land directly opposite the property on any street or way, an owners of land within 300 feet of the property, all as they apper, ,I,, on the most recent applicable TAX list. D" Le Assessor Town of Nantucket CT- &7- cf y 14111✓ Al 4 d aS�' %%% /C�Crc � � �'��y/ j, �e,c' ,S � .� , /1%� %�z� c ,<< p 1�21 cycy 604111hl A -14eh-K/ te- 0 Jy/