The URL can be used to link to this page

Home My WebLink About036-86TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 April 7, 1986 Re: THOMAS A. MARTIN AND NANCY A. MARTIN (036 -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. t 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 4, 1986 at 1:30 p.m. in the Town and County Building, Nantucket, in the matter of the Application of THOMAS A. MARTIN AND NANCY A. MARTIN (036 -86) address c/o Reade, Box 2669, Nantucket, MA 02584, the Board enters the following Decision and makes the following findings: 1. Applicants seek relief by SPECIAL PERMIT under Zoning By -Law SECTION 139 -27J from the covenant which they entered under Section 139 -27F to avoid a building cap ( "Rate of Development ") delay in constructing their new single - family residence. The premises are at 38 MONOMOY ROAD, Assessor's Parcels 54 -165 and 218 (Land Court Plan 14974 -E, Lots 6 and 7, Plan Book 20, Page 46) and zoned LIMITED USE GENERAL -1. 2. Based upon the Application papers, viewing, letters and pre- sentation at the hearing, Applicants constructed their new principal dwelling on the premises after acquisition October 12, 1983. An existing pri ,cipal dwelling would have barred construction of the new dwelling (see Section 139- 7A(2)) and barred a building cap covenant. However, Applicants had arranged to donate the existing house as a charitable gift, and it has accordingly been removed from the premises. 3. As properly interpreted, the building cap does not apply to a replacement of a pre- existing dwelling. (It does apply to a dwelling moved to anew lot, thus holding in check the rate of development.) Applicants' execution of the 27J covenant was mistaken. For that reason alone, we properly could give them 27J relief. Here, a divorce independently affords justification by hardship. 4. The Planning Board took no action. The sole objection, an abutter's letter, was footed on aesthetic considerations, the province of the HDC. (036 -86) -2- 5. As we are able to make the requisite findings, this Board, by UNANIMOUS vote, GRANTS to Applicants the requested covenant relief by SPECIAL PERMIT. Dated: April 7, 1986 Nantucket, MA 02554 William R. Sherman Dorothy D. Vollans J�� ,( . U`J w� Linda F. Williams 3j NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, APRIL 4, 1986 at E2_ 00 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of THOMAS A. MARTIN AND NANCY A. MARTIN (036 -86), seeking a SPECIAL PERMIT under Nan- tucket Zoning By -Law SECTION 139 -17J (rate of development). If granted, the Applicants would be relieved of the terms and conditions of a covenant entered into pursuant to Section 139 -27F. The premises are located at 38 MONOMOY ROAD, LOT 6, LAND COURT PLAN 14974 -E, PLAN BOOK 20, PAGE 46, ASSESSOR'S PARCELS 54 -165 and 54 -218, and are zoned LUG -1. I �r Ut•. Andrew J. Leddy, Jr., A t'ng Chairman BOARD OF APPEALS '•.B -1 FEE $100.00 Case No. d 3G—&(_c.? APPLICA7101 1O T1+E BOARD OF AME.ALS Nantucket, Massachusetts To the Members of the Board 06 ,appeals: The undersigned hereby applies for relief from the terms of the (ZONING BY -LAW) (S()ILVTNd CODE) on Property described below: Location of Property__38 Monomo Road, Nantucket (Map 54, Parcels 165 & 218) Lot No. 6, Land Court Plan 14974 -E; _ __ __>#0 tx Plan Book 20, Page 46 District is zoned for LUG -1 Type of structure (Existing or Proposed) or Proposed use: existing dwelling Owner's Name Thomas A. Martin and Nancy A. Martin Owner's Address c/o Reade & Alger Professional Corporation, P.O. Box 2669, Nantucket, MA 025E When did you acquire this property? October 12, 1983 Has application been filed at Building Department? No Has any previous appeal been made? No Section of By -Law or Code from which relief is reque$tecd: Nantucket Code §139 -27.J (Rate of development) Reason for asking relief: Applicants are divorcing and must sell the premises as part of the settlement. The premises are subject to a covenant entered into in accordance with §139 -27.F. As a result Applicants have been unable to sell the Premises and are suffering an unreasonable personal and financial hardship. Signature of applicant Thomas A. Martin and Nancv A. Martin By : a__r _ ra * r, orpey ATTACH: (1) A list of the names and addres s of al eaghi a L&ttinq owner and owner abutting the abutters, and owners within 300 feet. (2) A check in the amount of $100.00 made payable to the Town I of Nantucket. (3) Four copies of the application and a map or plan showing the location of the property to be considered. (4) If the applicant is other than the owner, please indicate your authority to make this application. BOARD'S DECISION Application submitted to Board Advertising dates Hearing date(s) Decision of Board Decision filed with the Town Clerk 0 M SUBDIVISION PLAN OF LAND IN NANTUCKET Essex Survey Service Inc., Surveyor November 4. 1971 /4974 E 5S 39i -f9 Sp pO ppM Y s�,tn M N E io9i A � yB Fr CB K" 1'c No Subdivision of Lot B Shown on Plan 149741 Filed with Cart. of Title No. 1893 Registry District of Nantucket County Separate certificates of title may be issued for land shown hereon as.Co %t.6 -a. T ........................ By the Court. 49i co Form LCE -SA. rAO -1 -71 Q Zt O O QQ Coq of pa�f of plan LAND REGISTRAT ION OMC£ 06C. 7 /97/ Stale of this plan W feet to an inch AL.W"Ary, fnimrforCaurt✓ \�v v \'y z U c C a ti I� V � J 1 1.. p 3 lV `u /4974 E 5S 39i -f9 Sp pO ppM Y s�,tn M N E io9i A � yB Fr CB K" 1'c No Subdivision of Lot B Shown on Plan 149741 Filed with Cart. of Title No. 1893 Registry District of Nantucket County Separate certificates of title may be issued for land shown hereon as.Co %t.6 -a. T ........................ By the Court. 49i co Form LCE -SA. rAO -1 -71 Q Zt O O QQ Coq of pa�f of plan LAND REGISTRAT ION OMC£ 06C. 7 /97/ Stale of this plan W feet to an inch AL.W"Ary, fnimrforCaurt✓ \�v v \'y z U c C a ti BERKELEY AVENUE N 07. 30' 2711 E + ve 114.06 O r ~ D (A ?' 0 c 0 5nswe�e y 1 O O' Z Z A C' ^� Q1 O m O � N C 0 0 °e M sta9(0,7 - � �rnw� 11 =�Z ° rn ■ 2 a o m -{ o m u v n m n 10,0, �fr'r i n c 2 m t0 O to A BOSTON D � O � o u 8$%c cc "W S a C► V a '» o 0 s U W tp s s CL 82.0 2 - -49.96 ""'' SIO.55'34" W ,131.98 - - I� CC N C o D CL n CD 7C p� ni ° � PD x �0 a son mo 4 U co n Of m m AVENUE n m 6 m 7-( --M amrngon n 00<> c r ~ D (A r-- D r 0 c v 1�. 5nswe�e ymm ;m Z Z C' 0� o' ,to M S as _m 0 m� � N H m C 0 0 M sta9(0,7 - � �rnw� 11 =�Z ° rn y y °; o � Z ° Om _� 4L641 '0N .0.0 p i m --'ic Nrm-a 0�1 r:ai � �_c r `�' D o� �!p O c t, 09 ,� a 8fi� N r a�� CL cn caMN m 3o °ss �n c z ��= C /� V/ N� I= o ; Q • TOWN OF P1PNVIC'KET List of Parti ^s in interest in the matter of the Petition of: Name: Thomas A. Martin and Nancy A. Martin Address: c/o Reade & Alger Professional Corporation, P.O. Box 2669, Nantucket, MA 02584 ;'roper ty Address: 38 Monomoy Road, Map 54, Parcels 165 & 218 See attached list (2 pages) 1 certify the foregoing is a list of persons who are owners of land abutting the property and owners of land directly opposite the property marl any street or way, and owners of land within 300 feet of the properly all as they appear on the rnost recent applicable TAX list. 1 Dates ,Assessor '.town of Nantdcket LIST OF PARTIES IN INTEREST APPLICATION OF THOMAS A. MARTIN AND NANCY A. MARTIN 38 Monomoy Road, Map 54, Parcels 165 and 218 John L. Lyman 636 Charles River Street Needham, MA 02192 (54 - 6) Nantucket Conservation Foundation, Inc. (54 - 7) 118 Cliff Road Nantucket, MA 02554 '/John L. Lyman (54 - 7.1) 75 Federal Street Boston, MA 02110 Louise L. Schaff (54 - 72) 291 Park Avenue Youngstown, OH 44504 Howard R. Chadwick (54 - 73, 75, 164) 511 Askin Road St. Davids, PA 19087 Arnold I. & Janina Larson (54 - 74) 35 Monomoy Road Nantucket, MA 02554 Stephen G. Williams (54 - 76, 77, 78, 79, 529 Woodlea Lane 168) Berwyn, PA 19312 Est. of Henry L. Willet (54 - 147, 148) c/o Willet E. Crosby 721 Davidson Road Philadelphia, PA 19118 Richard S. Lovelace (54 - 150, 156) 48 Main Street Essex, CT 06426 Richard L. Rutter & J. Wood et al (54 - 158, 159) 7 E. 84th Street New York, NY 10028 Roger Ernst (54 - 169.1) 62 Monomoy Road Nantucket, MA 02554 William V. Haddon (54 - 210) Monomoy Road Nantucket, MA 02554 Page 1 of 2 Esther & Victoria Lillicrapp 1896 Mid Ocean Circle Sarasota, FL 33580 Harrison S. Fraker c/o Antje M. Farber 1607 E. Lake Drive Ft. Lauderdale, FL 33316 Charlotte Ethelind Knight 85 Hamilton Street Southbridge, MA 01550 Maud Dinsmore c/o Robert Laundry Liberty Street Nantucket, MA 02554 Ronald & Mary Elizabeth Collins c/o Richard Miesen et al 727 County Line Road Villanova, PA 19085 Page 2 of 2 (54 - 215, 216) (54 - 220.1) (54 - 242, 249) (54 - 243) (54 - 244)