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HomeMy WebLinkAbout035-86r-) 3 <5 �� 3� TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 April 7, 1986 Re: WILLIAM V. BLAIR (035 -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, APRIL 49 1986 at 1:30 p.m. in the Town and County Building, Nantucket, in the matter of the Application of WILLIAM V. BLAIR (035 -86) address Hummock Pond Road, Nantucket, MA 02554, the Board enters the following Decision and makes the following findings: 1. Applicant seeks a VARIANCE from the strict requirements of building cap SECTION 139 -27F to qualify for and execute the covenant neces- sary to make the "cap" inapplicable to his proposed (second) dwelling on the premises. They are located at 54 HUMMOCK POND ROAD, Assessor's Parcel 56 -76 (Land Court Plan 14830 -8), and zoned RESIDENTIAL -2. 2. Based upon the Application papers and presentation at our hear- ing, we find that Applicant owns the lot adjacent the premises but is obligated to sell his existing dwelling there in connection with a divorce settlement. Applicant desires to construct a new residence on the premises and without building cap delay as he needs a place to live. Since he is a Nantucketer of many years, he would execute the 27F covenant but for a bar due to his having an existing dwelling which his son will continue to occupy. 3. To justify an exception and meet the requisites for the grant of a variance, we would condition relief on Applicant executing and re- cording a year -round occupancy restriction in the form specified in Section 139- 7C(2)(g) but applicable to the existing dwelling (in place of "acces- sory apartment "). 4. The Planning Board has approved the proposed secondary dwelling (Section 139- 7A(2)(g) and relief here, and no opposition was heard. 5. Accordingly, upon the noted condition, this Board by UNANIMOUS vote GRANTS to Applicant the requested VARIANCE. (0r' -86) Dated: April 7, 1986 Nantucket, MA 02554 �o -2- William R. Sherman Dorothy D. Vollans Al Linda F. Williams t"'_1 NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, APRIL 4, 1986 at JZ :00 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of WILLIAM V. BLAIR (035 -86), seeking a VARIANCE under Zoning By -Law SECTION 139 -27 (rate of development). If granted, the Applicant would be permitted to enter into a covenant in accordance with Section 139 -27F and to construct a second dwelling upon the premises. The premises are located at 54 HUMMOCK POND ROAD, LOT 135, LAND COUNT PLAN 14830 -8, ASSESSOR'S PARCEL 56 -76 and are zoned RESIDENTIAL -2. 0 Andrew J. Leddy,Jr., jA i/ Chairman BOARD OF APPEALS FEE $100.00 Case No, APPLICAT I OIJ ?0 'T'H-E" BOARD OF AME:ALS Nantucket, Massachusetts To the Members of the Board of Appeals: The undersigned hereby appLies for relief from the terms of the (ZONING BY- LAW)(g()IL D TNd CODE) on Property described below: Location of Property Hummock Pond Road, Nantucket (Man 56, Parcel 76) Lot No. 135 _ _ xAIM. Land Court Plan 14830 -8 District is zoned for Residential 2 Type of structure (Existing or Proposed) or Proposed use: proposed secondary dwelling Owner's Name William V. Blair Owner's Address c/o Reade & Alger Professional Corp., P.O. Box 2669, Nantucket, MA 02584 When did you acquire this property? 1978 Has application been filed at Building Department? No Has any previous appeal been made? No Section of By -Law or Code from which relief is reque$ted: Nantucket Code §139 -27 (Rate of Development) Reason for asking relief: Applicant must sell his existing dwelling located at 56 Hummock Pond Road to complete divorce settlement. Applicant must build a dwelling on his then remaining lot located at 54 Hummock Pond Road and is willing to enter into the covenant required under §139 -27.F. However, Applicant is precluded from entering into such a covenant because he has allowed his son to build a dwellin on said lot. Said dwelling wns constructed in 1981 and J�, nnt c;j1hj,-rf- u a covena Signature of applicant Wil iam V. Blair By: arah F. A ge , tt)rney ATTACH: (1) A list of the names and address s Of eac ab tong owner and owner abutting the abutters, and owners within 300 feet. (2) A check in the amount of $100.00 made payable to the Town i 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 SUBDIVISION PLAN OF LAND IN NANTUCKET Josiah S. Barrett, Surveyor November 23, 1984 /4830 -8 RDA Qa6�a �2'pdl h) C.# - �CK . ae, o ONDe N 4 100.00 HUMMcd Ng� is loo• 98 3 o/OQ Plen A/o. 15 /9s E b O� Ger1 .1% 59.30 a ti ti 8 /34 qb �. 1 W m Q �•D• /35 o 10 Z 10 e s 2 � o G0. Pion JIIo. /5/96 H Cent. ,Mo. 7926 //7 Subdivision of Lots 115 & 116 Shown on Plan 14830 -2 Filed with Cert. of Title No. 8374 Registry District of Nantucket County Separate certificates of title may be issued for land shown hereon as Lots . 414 mrW /j5 ............ By the Court. �A� IF JdN.31,1085 Reco er. F— LCE -S-). 3500 iN 0 /00 h 0T Nk'.� 0 clli Copy of part of plan — filed in - LAND REGISTRATION OFFICE ✓40V �.tL/gas Scala of this plan 60 feet to an inch Louts A. Moore. Engineer for Court r .. TO%,JTI OF 11MVIC'KET List of Parti ^s in interest in the matter of the Petition of: Name: William V. Blair Address: c/o Reade & Alger Professional Corporation, P.O. Box 2669, Nantucket, MA 02584 Property Address: 56 Hummock Pond Road, Map 56, Parcel 76 See attached list (2 pages) 1 certify the foregoing is a list of persons who are owners of land abutting the pronertv and owners of land directly opposite the property On any street or way, and owners of land within 300 feet of the Property all as they appear on the most recent applicable TAX. list. -`� LA/Il l �LGrZ Da to aoy'Assessor Town of Nantilc&et a LIST OF PARTIES IN INTEREST APPLICATION OF WILLIAM V. BLAIR 56 HUMMOCK POND ROAD, MAP 56, PARCEL 75 Edward F. & Patricia T. King (56 - 3) 59 Hummock Pond Road Nantucket, MA 02554 Joan R. Gasparello (56 - 4) 44 Cushing Street Hingham, MA 02043 Harry A. Larrabee III (56 - 5, 215, 216) 49 Hummock Pond Road Nantucket, MA 02554 Gertrude B. Williams, life estate (56 - 73) c/o Gertrude Bernard 70 Hummock Pond Road Nantucket, MA 02554 Fifty -eight Hummock Pond Road Trust (56 - 74) c/o Luis & Corno Valente Wakeman Road Fairfield, CT 06430 Robert J. & Judith A. Dennis (56 - 77) 60 Hummock Pond Road Nantucket, MA 02554 Edward J. Almeida (56 - 78) 328 White Street Raynham, MA 02767 Richard S. & Roberta Sylvia (56 - 129) 29 Meadow View Drive Nantucket, MA 02554 Patricia H. Crompton et al (56 - 130) c/o C. H. Hecker, Jr. 14501 SW 83rd Court Miami, FL 33158 Edward N. & Jeanette Sherry (56 - 138) c/o William Diehl Realty 180 Linden Street Wellesley, MA 02181 E. McElroy Maloney (56 - 139) 24 Meadow View Drive Nantucket, MA 02554 Christopher L. & Ann Maury (56 - 140, 141) 22 Meadow View Drive Nantucket, MA 02554 mot. Page 1 of 2�.� J I a . Edward J & Elizabeth D. Metcalf (56 - 217) 61 Hummock Pond Road Nantucket, MA 02554 Paula, Lisa & Nina Gasparello (56 - 218) 44 Cushing Street Hingham, MA 02043 Edmund J. & Mary K. McNally (56 - 283) 23 Meadow View Drive Nantucket, MA 02554 John F. & Theresa H. Maury (56 - 284) c/o Christopher L. Maury Meadow View Drive Nantucket, MA 02554 Elizabeth A. DaSilva (56 - 285) 10 Newtown Road Nantucket, MA 02554 Ronald M. DaSilva (56 - 286) 10 Newtown Road Nantucket, MA 02554 Kenneth W. Holdgate, Jr. (56 - 131) c/o Andrea L. Dodds 148 Devoe Road Chappaqua, NY 10514 Phillips & Patricia Avery (56 - 282) 21 Meadow View Drive Nantucket, MA 02554 Claire E. Cooper (56 - 287) 46 Hummock Pond Road Nantucket, MA 02554 Page 2 of 2