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Home My WebLink About030-86TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 May 21, 1986 RE: MADAKET REALTY, INC. AND LINDSEY R. PERRY, JR. AND LINDSEY R. PERRY, SR. (030 -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 afer this date. Z'WL��"f5 William R. Sherman, Chairman BOARD OF APPEALS BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held FRIDAY, MAY 2, 1986 at 1:30 p.m. in the Town and County Building, Nantucket, made the following Decision upon the Application of MADAKET REALTY INC., LINDSEY R. PERRY, JR. AND LINDSEY R. PERRY, SR. (030 -86) of Tristrams Landing, Nantucket, MA 02554, taken under advisement after our hearing of April 4, 1986. 1. Applicants here appeal under Nantucket Zoning By -Law code SECTION 139 -31 from four decisions and orders of the Building In- spector each dated February 6, 1986. 2. Based upon the Application papers and correspondence of record and testimony and representations at the April 4, 1986 hearing, we find that Lot 834 (of Madaket Realty, Inc.) and Lot 835 (of Lindsey R. Perry, Jr.) each on Oakland Street, and Lots 785 and 852 (of Lindsey R. Perry, Sr.) on Long Pond Drive and Starbuck Road respectively, were each the subject of a Delcaration of Covenants and Restrictions of Interval Ownership filed in the Nantucket Re= gistry of Deeds December 9, 1985 ( "Declaration "). Each such Declara- tion was noted on the corresponding Certificate of Title at the Registry District of the County of Nantucket. Lots 834 and 835 are shown on Plan 3092 -99, Lot 852 on Plan 3092 -89, and Lot 852 on Plan 3092 -103. Each lot is in the Residential -2 zoning district. 3. In view of the similarity of facts and commonality of issues, the four appeals were consolidated here. Counsel for Appli- cants represented that waiver of our three usual application fees was acceded to by Town Counsel. (030 -86) -2- 4. Applicants through counsel represent that no interval shares have been sold or otherwise disposed of with respect to the premises. Each of the lots, since registration of corresponding Declaration, has, we are told, remained preserved in its natural condition without any construction of improvements. Applicants represent.that no application for a building permit has been filed with respect to any of the lots; nor have there been any requests that application be placed in the Building Cap line -up. 5. In each of the Building Inspector's four letters of February 6, 1986, setting forth his decision and order, the follow- ing is stated: "Interval Ownership is defined by Nantucket's Zoning By -Law 139 -2 as a type of Transient Residential Facility, a permitted use only in the Residential Commercial District 139 -9. Please be advised that by noting said Covenant on your Certificate of Title you are in vio- lation of Nantucket's Zoning By -Law Chap. 139." Then follows his order, namely: "You are hereby ordered to bring this lot into conformity by removing said Covenant by the 28th of February 1986." We understand that the "Covenants" or Declarations have not been removed or annuled, hence, remain to reflect Applicants' intent to undertake a time - sharing use. 6. Opposition to Applicants' appeal included four letters and testimony. The tenor of the opposition was generally that time- sharing units in this residential district should be barred in (030 -86) -3- keeping with zoning restrictions. Our decision dated March 10, 1986 in Application 012 -86, appealed by Applicant Madaket Realty! Inc. (Land Court Misc. Action No. 119 -447) is cited as support. 7. The Planning Board's recommendation was unfavorable to Applicants ", noting that its Board members "want to support the original intent of defining interval ownership as a transient residential use, which is prohibited in residential zones." 8. The Declarations themselves constitute a mere statement of intended use and not an actual use that would invoke the Zoning By -Laws. Because no application for permits with respect to any of the four lots has ever been filed and because no request has been made with respect to any of the four lots that such applications be placed in the Building Cap line -up, we conclude that the Build- ing Inspector's action was premature. 9. The Building Inspector, at our April 4th hearing, ex- pressed concern that time - sharing interests might be sold to buyers not aware that time - sharing of dwelling units is barred in the Residential -2 zoning district. Applicants would, of course, be well advised to put any such buyer on prior notice of our March 10th Decision and the pending Land Court action. But Applicants can not properly be ordered on the basis of our zoning code to remove the Declarations from the Registry. 10. Accordingly, this Board, by UNANIMOUS vote vacates the February 6, 1986 Decision of the Building Inspector and his orders to remove the Declarations from the Registry. (030 -86) Dated: May 21, 1986 Nantucket, MA 02554 -4- William R. Sherman Andrew J. Leddy, Jr. 7T 1 L a a� Linda F. Williams 3j NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, APRIL 4, 1986 at IZ:00 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of MADAKET REALTY, INC. AND LINDSEY R. PERRY, JR.AND LINDSEY R. PERRY, SR. (030 -86) appealing under Zoning By -Law SECTION 139 -31A from a decision or order of the Building Inspector dated February 6, 1986. Applicants seek to reverse said order requiring them to remove recorded Interval Ownership Covenants from the records in the Reg- istry District of the County of Nantucket. If the appeal is granted, the Declaration of Covenants and Restrictions of Interval Ownership (i.e. Time - Sharing, so- called) would be permitted to remain on record for premises located at OAKLAND STREET, LOTS 834 (owned by Madaket Realty, Inc.),835 (owned by Lindsey R. Perry, Jr.); LOT 852 located at STARBUCK ROAD (owned by Lindsey R. Perry, Sr.); LOT 785 located at LONG POND DRIVE (owned by Lindsey R. Perry, Sr.); LOTS 834 and 835 on PLAN 3092 -99; LOT 852 on PLAN 3092 -89; LOT 852 on PLAN 3092 -103. All Lots are zoned RESIDENTIAL -2. .471,� �,ew 1�1,, I," 'X, Andrew J. Leddy, Jr., A Ling Chairman BOARD OF APPEALS FEE .yl iY �1l.,s V+U Case No. APPLTCI1`r'IO "v TO TH:; = )ARD CT PPEfi'._ Nant'..icket, To the 1•9embers of t':e Board of Appea ± _ : The undersigned hereby applies for reIie` from the terms c (ZOIN"* B'Y- ,AW' (BU'LDTNC CODF) on property described below: Location of Property Lots 834 and 835 Oakland Street, Lot 852 Starbuck Road and Lot •-rte eng Pend Difive Lot Nos. 834 &835(3092 -99) 852(3092 -89) k�ic� and 852 (3092 -103) District is zoned for Residential 2 _ ':,-,pe of stricture (Existincg or Proposed) or proposed use: none Owner's Name Lot 834- Madaket Realty, Inc.; Lot 835 - Lindsey R. Perry, Jr. Lots 785 &852 Owner's Address Tristram's Landing, Nantucket MA 02554 Lindsey R. Perry When did you acquire this property? not applicable _ Has application been filed at Building Department? no Has any previous appeal been made? no Section of By -Law or Code from which relief is requested: 139 -3 Reason for asking relief: Applicant is aggrieved by decisions and orders of _ the Building Inspector set forth in his letters dated February 6, 1986, copies of which are annexed, stating that the recording of Declaration of Intervals is in violation of the Zoning By -law. S gnature of_ pRplica'n-n Lindsey rry, r. r elf and *Perry and Madaket Realty, Inc. as Attornjy -i_ -Fact for 'ndsev R.* ATTACH: (1) A list of the names and addresses of eadi- abutting o�ner and owner abutting the abutters, and owners within 300 feet. (2) A check in the amount of $100.00 made payable to the of Nantucket. (3) Four copies of the application and a map or plan sho%•)ing 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 3 Advertising dates Hearing date(s) _ Decision of Board Decision filed with the Town Clerk ! Y TOWN OF NANTUCKET B ^ARD OF J.P2LA '-. jarL�': �.n inter.,s li. i:.- .CT Of ±!+C' C't l_ti._'i C Lindsey R. Perry, Jr., for Self and as Attorney -in -Fact for Lindsey Iv 3 ;e R Parry I +317-r Tom' -- Tristram's Landing, Nantucket MA 02554 P-D�-- -rty Address See below for each property. -Lot 834 and 835 Oakland Street Sheet 59.3 Parcel No. 024 Gisa Bolte c/o Madaket Realty, Inc. Tristram's Landing Nantucket MA 02554 023 Jack T. & Geraldine B. Sanderson 632 S Saint Asaph Street Alexandria VA 22314 026 Paul S. & Antoinette U. Waichowski c/o Boston 5 Cent Saving P.O. Box 154 Quincy 14A 02269 027 Eugene & Christine Lozner et al 5 Heneage Lane Hanover NH 03755 028 James C. Fullerton 8 Grove Street Wellesley MA 02181 029 Donald & Norma Polvere c/o Off Shore Realty Trust 11 Franklin Street S Dartmouth MA 02748 030 William C. & Mary C. Bradley 100 Thunder Road Sudbury MA 01776 031 Anne Carolyn Susan Trust c/o Charles M. Morgan, Jr. 116 Lowell Street Manchester NH 03101 032 Ernest & Sheila Congiliando, Jr., et al 750 Quaker Lane, Apt. 211 E Greenwich RI 02818 1 certify the foregoing is a list of persons who are owners of la 3butting'the property, owners of land abutting the abutters, owner of land directly opposite the property on any street or way, ar owIicrs cf land within 300 feet of the property, all as they appe on the most recent applicable TAX list.' Date a mj- Assessor Town of Nantucket Sheet 59.3 (continued) Parcel No. 033 Bipin C. & Fay J. Shah c/o Bipin C. Shah 10 Llenfair Road Ardmore PA 19003 034 Christopher P. & Valerie J. Anderson 200 E 66 Street New York NY 10021 035 Ship Shape, Inc. 40 Center Street Nantucket MA 02554 036 A Flat Partners P.O. Box 774 Greenwich CT 06850 037 Norman R. & Marcia L. Stein 28 Cot Hill Road Bedford MA 01730 038 Arnold Levine, Trustee c/o Peter M. Norris 18 Kelley Road Nantucket MA 02554 039 Robert B. & Margaret M. Hanlon c/o Peter M. & Leo Norris P.O. Box 2124 Nantucket MA 02554 040 Gisa Bolte 25 Starbuck Road Nantucket MA 02554 092 Madaket Conservation Land Trust c/o Choate,Hall & Stewart 60 State Street Boston MA 02109 093 Madaket Conservation Land Trust c/o Choate, Hall & Stewart 60 State Street Boston MA 02109 -2- Sheet 59.3 (continued) Parcel No. 094 Walter J. Lee 169A W Main Street Westboro MA 01581 095 Karen S. Lee, Trustee KSL Realty Trust 169A West Main Street Westboro MA 01581 097 George F. Nyren 182 Old Westboro Road No. Grafton MA 01536 098 Tristram's Group Tristram's Landing Nantucket MA 02554 099 Tristram's Group Tristram's Landing Nantucket MA 02554 100 Tristram's Group Tristram's Landing Nantucket MA 02554 165 Elizabeth Brayton Ware c/o Heurlin Contracting P.O.Box 1171 Nantucket MA 02554 166 Robert & Toby Brendze 150 Princeton Road Chestnut Hill MA 02167 167 Bruce R. Mandel 123 Greekside Drive George Town KY 40324 168 Ben & Karen Addiego Love Ladies 125 Kings Hgwy W Haddonfield NJ 08033 169 Julien J. & Anne T. Lacourse 76 Poor Street Andover 14A -3- Sheet 59.4 Parcel No. 030 Lindsey R. Perry 21349 Greenwood Ct Boca Raton FL 33433 031 Madaket Conservation Land Trust c/o Choate, Hall & Stewart 60 State Street Boston MIA 02109 033 Lawrence & Doralee Garfindel 63 Oak Ridge Avenue Summit NJ 07901 034 Fred & Susanne G.Winsberg 95 Fox Hedge Road Saddle River NJ 07458 035 Tristram's Group Tristram's Landing Nantucket MA 02554 036 Donald L. Boyko 141 Tremont Street Boston MA 02111 037 Gisa Bolte 25 Starbuck Road Nantucket MA 02554 -4- Lot 785 Sheet 59 Parcel No. 003 Long Pond Realty Trust c/o John G. & Barbara Dasilva P.O. Box 2258 Nantucket MA 02554 015 Long Pond Realty Trust c/o Lawrence M. Maury, Trustee 89 Polpis Road Nantucket MA 02554 019 Gail Stone 57 Mulberry Street Springfield MA 01105 020 Long Pond Realty Trust c/o Lawrence M. Maury, Trustee 89 Polpis Road Nantucket MA 02554 021 Lindsey R. Perry 21349 Greenwood Ct Boca Raton FL 33433 022 Long Pond Realty Trust c/o John H. Garabedian 24 Fairview Drive Southborough MA 01772 023 Robert Herman 355 Southend Avenue New York NY 10380 024 Long Pond Realty Trust c/o Lawrence M. Maury, Trustee 89 Polpis Road Nantucket MA 02554 033 -37.1 Long Pond Realty Trust Nantucket MA 02554 018 Cranberry Construction Co. Whaler's Lane Nantucket MA 02554 -5- Lot 852 Sheet 59.3 Parcel No. 047 Madaket Conservation Land Trust c/o Choate, Hall & Stewart 60 State Street Boston MA 02109 47.1 Raymond & Rose Anne McMahon 83 Peacable Lane Georgetown CT 06829 051 Nancy C. Grellier 35 Pennymeadow Road Sudbury MA 01776 052 Joseph G. Carroll et al 12 Beechwood Drive Old Saybrook CT 06475 054 Sidman W. Barber & Patricia Wood 10 Sheridam Drive Short Hills NJ 07078 055 Paul K. & Jane K. Nase 206 South 6th Avenue West Reading PA 19611 062 Harry A. & Mary M. Michas 8 Reed Road Morristown NJ 07960 063 Lindsey R. Perry 21349 Greewood Ct Boca Raton FL 33433 064 Christopher P. & Susan C. Barr 26 Silver Ridge Comm Weston CT 06883 065 Madaket Realty, Inc. Tristram's Landing Nantucket MA 02554 066 Robert N. & Irene K. Lelle Fox Run W Redding CT 06896 ZZ Sheet 59.3 (continued) Parcel No. 067 Arthur L. & Barbara Block 33 Crestwood Drive Framingham MA 01701 068 David H. & Barbara R. Fleischer, Trustee 47 Walnut Road Weston MA 02193 069 Marylyn A. Burns 100 State Street Boston PIA 02109 120 Farley E. & Barbara Moran 16 Crescent Drive Covent Station NJ 07961 126 &128 Raymond E. & Roseanne C. McMahon 83 Peaceable Street Georgetown CT 06829 129 Robert P. & Jane G. Anathan 50 Smith Street Chappaqua NY 10514 135 Joan K. Berthoud 6 Wyndwood Road W Hartford CT 06107 176 Raymond E. & Roseanne C. Mcklahon 83 Peaceable Street Georgetown CT 06829 177 Raymond E. & Roseanne C. McMahon 83 Peaceable Street Georgetown CT 06829 178 Raymond E. & Roseanne C. McMahon 83 Peaceable Street Georgetown CT 06829 179 Denton F. Wertz, Jr. 29 Four Mile Road W Hartford CT 06107 186 Madaket Conservation Land Trust c/o Choate, Hall & Stewart 60 State Street Boston MA 02109 -7- Sheet 60 Parcel No. 021 Walter R. & Elizabeth A. Silva c/o Wakawabe Realty Trust 9 Newhall Road Lynnfield MA 01940 022 Elvin S. & Helen E. Taylor c/o Everett & Barbara Mattlin 65 Mayapple Road Stamford CT 06903 023 Gisa Bolte 25 Starbuck Road Nantucket 14A 02554 024 Gisa Bolte 25 Starbuck Road Nantucket MA 02554 025 Walter E. & Hedy A. Page 2219 Elandon Drive Cleveland Heights OH 44106 026 Edward F. & Arleen E. Paquette 172 Stoner Drive W Hartford CT 06107 027 Madaket Conservation Land Trust c/o Choate, Hall & Stewart 60 State Street Boston MA 02109 028 Sidman W. Barber & Patricia Wood 10 Sheridam Drive Short Hills NJ 07078 029 Murial B. Marcus 1500 Palisades - Apt. PH -DE Fort Lee NJ 07024 U Sheet 60 (continued) Parcel No. 113 George F. & Susan D. Nyren 182 Old Westboro Road N Grafton MA 01536 114 Stanley Benerofe c/o Donald L. Battiston 62 Stoney Corners Circle Avon CT 06001 115 Paul R. Ocken c/o Plymouth Savings Main Branch Wareham 14A 148 Donald L. Battiston 62 Stoney Corners Circle Avon CT 06001 149 Madaket Realty, Inc. Tristram's Landing Nantucket MA 02554 SUBDIVISTON PLAN OF LAND IN NANTUCKET ' Michael S. Bachman, Surveyor S '5094?- 8 0 c February 29, 1983 b EeW �v° p cee/o. J 0o C� 3 308, ¢O 0� °4779 Cf, 0 5 776 780 z zt 775 Q s 22 ?6g y I Z' 774 78/ u @4 m •. 3 Q • m Q �°N 7 o � 373. t ° 771 g g 4 783+ 1 770 $ 1 3e1 • - 3 S 47021'35 I 784 q9. - 769 ,J!N 5 5 520 I 1 ° $ 785 1 768 / / 767 2 O N 798 N 799 y Pon of Lot 777 Ilan 3092 -98 (th Cert. of Title No. [District of Nantucket County WWXJtes of title may be issued for /and IMend.Dn -Shed 2 -as "ts_Z jAr--a_BOO__ R. NJ �'''"'-'`_7l1___1?_ -ate• - -- - _- - - -- RCCO r. s 272,1 0 786 I o N'E S5000 23g. t 787 N 316. ~ ,V46'-40'00" 46050' 00" w 788 Ste Shoot 2 COPT A�aofdan LAND REMSTRAT /ON OFF/CE Morr /3 /98,3 Sak dUdsp/en 1�0 Z & en indr Louis A. Noon En*W Jar Court Ni -J� E t' V 9 s a �N 3T1RDTVTSTn%1 PLAN OF IJ.N'I IN NATITTTCKET '5092.9.9 - John J. Shugrue Inc., Surveyors September 26, 19'33 eh. ce. � o E � a 45 9 596 92 N 65° E P ion T. 9855 der -.3 4a� b 6 65° 4 T6190 " 834 0 Z > a o \832v�� 15° 5 Z4 W 7 5 835 204.06 . 8 870 29' 08" W 636 'iaion of Part of Lots 597 and 598 On Plan 3092 -45 with Cert. of Title No. 98x5 t7 District of Nantucket County ►certificates of title may be issued for land Neon as Lola 834 and 835 Durt. 1983 — Rec rder. N A O p b m O O I N Z N ,p li Q0 e.hc8 o G o h 738 a 'o s 635 Plan 3092'62 - -Cart. 7798 �y aNkd ln�P� LAND REGISTRATION OFFICE — Dec. /6, / 83 Scak of I plan I Met to an Inch Louts A. =7 Engineer for Court ?L.9. CIF i ';D I "CK -;T John J. Shugrue, inc. , ;u_✓eyors 3092 /O3 Z.C. AuE -ust lo, 1934 3/5 ON °.3 /6 1092.1/ 3c ei N 55/9 S M* ° 33' 40" Es 17 3/B d.A.CB /50.00 Q s., 0 O � y 40" E I -A 3/3 28 a� /80.00 a 150.00 ' C N 34°38 00 »• 7Cm00 320 " o a o 314 321 a o r w o 53 853 322 323 dn.c.B a o° ti 324 N N 325 0 d ozM 313 "5249 326 r U 3 327 g j 697 °o o z 328 * O S 4,-51' 10"F 329 w m 4s' 4 1.5000 � Q O O3" e 160 00 y o Q�itoir m dn.ce. _Z 696 N U o 852 N A „Ip,,,.•— 4, " U . �..nnn 119.421 2a00 u 42 M \ / l °9 1 26 4'W " 53 2 ,00082 z '1, r N 4/° 5% 50,4556 0 N O �1 O 01 � 294 _ . +. 693 W -:.., i r: i I, �rz 34/ A'` a d.A. C. a3 � 0 as d t, 97.75 343 "- z 295 1l O \ ) a a W 9053 i LC. Na 3092-38 w w h � CIr7. Na. 7286 N • O N t� i� u•. � . abi0 V• NW_ i7 � L 51� Zoe On 2 N • i ' A i / 296 � e /Son of Lots 751 and 694 � W � \I� I p b Plans 3092 -94 Sb. 2 and 3092-66 '^ 111 �j I 4b 1 14 I .k itith Cert. of Titles Nos. 9855 and 7850 5 `'y ! I7 District of Nantucket County 50 750 "� 4l 2! .z 53° W " 1 CeNiicates of title maybe issued for land 749 � M1on as Lan 850 851 852 and 853 Dolt. Copy of pan N of plan - Bled - - -` LAND REGISTRATION OFFICE 6 ' ,7�1 . }1 OCT.15, 1984 !44 — Record scale or this plan ng /eat fo an Court - -� LoWsA.Moore,EnpineerlorCourt � k I i BUILDING INSPECTOR TOWN BUILDING ANNEX 2 EAST CHESTNUf STREET NANTUCKET, MASSACIIUSETTS 02554 CERTIFIED MAIL P 383 038 671 February 6, 1986 Lindsay R. Perry 21'i.i9 Green good Court liar ;i Raton, Florida 33433 Telephone 228 -0588 R I ; : ZONING VIOLATION NOTICE AND ORDER OF THE INSPECTOR OF BUILDINGS Dc;:r Mr. Perry, It. has come to the attention of this office that your property located at 785 Long Pond Road has had a Declaration of Covenants and Restrictions of Tnterval Ownership noted on its Certificate of Title at the Registry District of the County of Nantucket. Your lot is located in the Residential -2 District as defined by the Official Zoning Map of 1985 on file at the Town Clerk's Office. interval Ownership is defined by ;Nantucket's Zoning By -Law 139 -2 as a type of Transient Residential. Facility, a permitted use only in the Residential C,wvnercial District 139 -9. Please be advised that by noting said Covenant on vorrr Certificate of Title you are in violation of Nantucket's Zoning By -Law Chapter 139. You are hereby ordered to bring this lot into conformity by removing said Covenant by the 28th of February 1986. If you fail to comply with this ord =r of the Inspector of Buildings, I will request Town Counsel to seek injunctive relief. Chapter 139 -29D gives you the right to appeal this decision of the Inspector e,!- Buildings to the Board of Appeals. ort, Trulv Yours, Carl Borchert, Tnspector of Buildings Ci)'sfh t, I.'ole. �'aur;hn, TOW11 Counsel Y / BUILDING INSPECTOR �.. TOWN BUILI)ING ANNEX 2 EAST CHESTNI'T STREET NANTUCKET, MASSMAIUSETTS 02554 (TRTIFIFD MAIL P 383 008 673 February 6, 1980 Lindsay R. Perry 21349 Greenwood Court Boca Raton, Florida 33433 Telephone 229 -0588 Rf:: ZONING VIOLATION NOTICE AND ORDER OF THE INSPECTOR OF BUILDINGS Dear Nr. Perrv, Tr- has come to the attention of this office that your property located at Lot 852 Starbuck Road has had a Declaration of Covenants and Restrictions of Interval Ownership noted on its Certificate of Title at the Registry District of the County of Nantucket. Your lot is located in the Residential -2 District as defined by the Official Zoning flap of 1985 on file at the Town Clerk's Off ice. Interval Ownership is defined by Nantucket's Zoning By -Law 139 -2 as a type of Transient R ^sidential Facility, a permitted use only in the Residential Commercial District 139 -9. Please be advised that by noting said Covenant on your Certificate of Title you are in violation of Nantucket's Zoning By -Law Chap'er 139. You are hereby ordered to bring this lot into conformity by removing, said Covenant by the 28th of February 1936. If you fail to comply i -:ith this order of the Inspector of Buildings, I will request Town Counsel to seek injunctive relief. C'hai)Cer 139 -2917 gives you the right to appeal this decision of the Inspector Of Buildings to the Board of Appeals. Ver%, Truly Yours, .tit. Carl Borchert, Ins.)2ctor of Buildings 1 -I ( r' : I -'o l c,' VM11;hn , Town Counsel Lt/ BUILDING INSPECTOR TOWN ANNEX _- 2 LAST CHLSTNi'T STREFI' NANTUCKET, NIASSA(_'II I`SI_ i 1 S t }- 2554 -1, ' elephone 228 -05S8 -; CFR'['IFIED MAIL I' 383 008 X570 February 6, 1986 Hadaket Realty Inc. 1'ristrams Landing N_ntucket, MA 0255!+ RE: ZONING VIOLATION NOTICE AND ORDER OF THE INSPECTOR OF BUILDINGS Dear Sir, It has come to the attention of this office that your property located at Lot 834 Oakland Street has had a Declaration of Covenants and Restrictions of Interval Ownership nDted on its Certificate of Titi.e at the Registry r District of the County of �antucket. Your lot is located in the Residential -2 ;):strict as defined by th= 0_'ficial Zoning Map of 1985 or, file at the ]o,,-.-n Clerk's. Office. Interval Ownership is defined by Nantucket's Zoning By -Law 130 -2 as a type oi� Transient Residential Fa_ility, a permitted use only in the Residential. Commercial District 139 -9. Please he advised that by noting said Covenant on your Certificate of Title you are in xiolation of Nantucket's Zoning By -Law Chapter 139. You are hereby ordered to brin« this lot into conformity; by removing said Covenant by the 28th of F'ebruar,� 1986. If you fail to comply with this order of the Inspector of Buildings, I will request Town Coun:;el to seek injunctive relief. Ch,:pter 139 -29D gives you the right to appeal this decision of the Inspector of huil. dings to the Board of Appeals. Very Truly Yours, Carl Borchert, Inspector of Buildings C11sfh 1 -F Cc: Foley Vaughn, Town Counsel BUILDING INSPECTOR TOWN BUILE)INO ANNE? 2 EASi CHESTN('T STREET NANTUCKET. 1N1AtitiA(.'H(.1Sf=1'TS02554 Telephone 221; -0588 CERTIFIED MAIL P 383 008 616 February 6, 1986 Lindsav R. Perry, Jr. C/o Madaket Realty Trust Tristrams Landing Nantucket, MA 02554 RE: ZONING VIOLATION NOTICE AND ORDER OF THE INSPECTOR OF BUILDINGS Dear Mr. Perry, it has come to the attention of this office that vour property located at 835 Oakland Street has had a Declaration of Covenants and Restrictions of Interval Ownership noted on its Certificate of Title at the P.epistry District of the Countv of Nantucket. Your lot is located in the Residential -? District as defined by the Official Zoning Map of 1935 on file at the Toi:n Clerl_'s Offic--,. Interval Ownership is defined by Nantucket's Z:)ning >y -Law 139 -2 as a type of Transient Residential Facility„ a permitted use only in the Residential Commercial District 139 -9. Please be advised that b� noting said Covenant o., your Certificate of Title you are ii: violation of ".' antucket's Zonin,, Bt- -Last Chapter 139. You are hereby ordered to bring this lot into conformity by removing said Covenant by the 28th of February 1986. If you fail to comply with this order of the Inspector of Buildings, I will request Town Counsel to seek injunctive relief. Chapter 139 -29D gives you the rig;t to appeal this d,--cision of the Inspector of Buildings to the Board of Appeals. Very Truly Yours, / Carl Borchert, Inspector of Buildings CB /sfh 1 -F cc: Foley Vaughn, Tovn Counsel