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HomeMy WebLinkAbout072-864 4 TOWN OF NANTUCKET 0-7,�) -9(-p BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 July 25, 1986 Re: MILTON C. ROWLAND (072 -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. zz t -114, 0 L lr4 � � e, , William R. Sherman, Chairman BOARD OF APPEALS / 4" BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, JULY 11, 1986 at 1:30 p.m. in the Town and County Building, Nantucket, made the following Decision upon the Application of MILTON C. ROWLAND (072 -86) address Box 3116, Nantucket, MA 02584. 1. Applicant seeks relief by SPECIAL PERMIT under Zoning By- Law SECTION 139 -27J from his SECTION 139 -27F "building cap" covenant, citing severe medical hardship. The premises are located at DEVON STREET, TOM NEVERS, Assessor's Parcel 71.3.2 -212, 213, 2149 2159 216 (Lots 29 -32, Block 24, Plan 5004 -G) and zoned LIMITED USE GENERAL -III. 2. Our findings are based upon the Application papers, note from Dr. Rosen dated July 9, 1986 and testimony. Applicant, a house designer; constructed a 2 1/2 story residence on the premises completed by June 1984. Date of construction was advanced over that available under the building cap Section 139 -27 by his undertaking the covenants set out in Subsection 27F. The house has been the year- round, owner - occupied residence for himself as well as his family and continues to be. 3. After the birth of his son about February, 1984, an illness was discovered, impairing normal skeletal development and still eluding complete diagnosis. In any event, intensive home care is necessitated and confinement to a wheel chair. This condition not being foreseeable, the house is ill- designed for handicapped access, particularly in its present multi -story construction. Otherwise, Applicant could continue faithfully to observe the terms of the 27F covenant. 4. Applicant proposes to design and construct a new home speci- fically adapted for the care of a handicapped child. He would undertake construction prior to year -end expiry of the building cap if his covenant were made applicable to the new premises rather than his pre- sent residence. (072 -86) -2- 5. We find this case clearly one of extreme personal hardship of such severity as to warrant the relief requested. As provided in Subsection J. last sentence, Applicant would not be permitted to exe- cute another covenant. Under the circumstances presented here, we find it appropriate to condition relief on Applicant effecting a trans- fer of his present 27F covenant to the new handicapped - accessible premises. If need be for formalization, Applicant shall re- execute the covenant, substituting the legal identity of the new premises and, in paragraph 5, specifying the date of issuance of the occupancy permit for the present residence. The covenant, made applicable to the new premises, shall be recorded by Applicant in the Registry of Deeds, whereupon the present premises shall no longer be subject to the covenant, all this in harmony with the general purpose and intent of the zoning chapter. 6. This Board, by UNANIMOUS vote, accordingly GRANTS to Appli- cant the requested SPECIAL PERMIT subject to the stated condition making the 27F permit applicable to the new premises. Dated: July 25, 1986 Nantucket, MA 02554 William R. Sherman Dorothy D. Vollans C. Ma shall BA 1 k 76"' NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, JULY 11, 1986 at 1:30. p.m. in the TOWN AND COUNTY BUILD- ING, FEDERAL AND BROAD STREETS, NANTUCKET, On the Application of MILTON C. ROWLAND (072 -86) seeking a SPECIAL PERMIT under SECTION 139 -27J of the Zoning By -Law. If granted, Applicant would be relieved of the requirements of the building cap covenant, Section 139 -27F, based on medical hardship. The premises are lo- cated at DEVON STREET, TOM NEVERS, LOTS 29 -32, BLOCK 249 PLAN NO. 5004 -G and zoned LUG -3. William R. Sherman, Chairman BOARD OF APPEALS /• � PiH J4 W. FEE $100.00 Case No. n'Z- h.PPLICATION TO TiIE BOARD OF APPEALS Nantucket, Mas: ac` ,e_-ts To L-he r'c,mbe-. J of the Board of Appeals: The undersigned hereby applies for reli ,-f from the ter,r.s of (ZONING B'i- LAW)(BUILDING CODE) on property descr -bed below: Location of 11roperty__P6y0AJ -70YX �jr_veKze� - -- Lot No. 24 _i l.an No. _ 5Da4 Distr.ic"_ is 7oned for `Ivpe of structure (Existing or Proposed) or proposed use: :5,V61t ritM_ 1�b��CitiL Owner�s Name C. v n e r' s A d d r e s s_ BOX S //b - A/.AlV'X"tt;'1 _ When diJ you acquire this proport-.y? Pee, /9�$ Eas application been filed at Building Departm^_nt? A/O Has any previous appeal been made? Section cf By -Law or Code from which relief is requested: /29 -7_7 1. 1 �AT� o � y�IELoIA�l�T — P,eason for a:-king relief:— Signature of applican' JLD "TT "II: (1) A list of the names and addresses of each abutting o, ri and owner abutting the abutters, and owners within 300 (2) A check in t1.2 amount of $100.00 made payable to the of Nantucket. (3) Four copies of the application and a map or plan shc, the location of the property to be considered. (4) If the applicant is other than the owner, plel-se in' your authority to make this application. BOARD'S DECISION (A/ Application submitted to Doar.d 6(1� � '. - Ac?vertising dates _ hearing dates) Decision of Board _ Decision filed with the Town Clerk i i zo 3. S, M 7 k TOWN OF NANTUCKET BOARD OF APPEALS of parties in interest in the r.,atter of the petition of: !dame Address N,Q N77/C44>� N416- � Z(Y xv©1v �M ,YJCVZAS Property Address _ j��,�7trG lU 'TnwN 0� AA V jUGIVS J& D20?•l0 BIZ IQ6'r � 5% �t/UM iN� 7-94;r 014,Uo ra / v7- OS � nrA r-,a� of lw,4911 -pSiAS % elo kAgnjol,v 8A J-1ZY , Sax -7283 ,4LGX1-1 ivD;?-1A, VA 22307 /3 -�As.ti 'fit: PC,uti/ Is .$ IPA sS. /(ICI)Aao Gt /p0CA) MAO A461'641- SO)( 35 GU , AZ Njv&IA4, A)4$5, oz574 e, PeAsf 807 IMOW P" e 6 il%. rQ�/�DOr�2 /n 2155, &7134 5 I certify the foregoing is a list of persons who are owners of I- abutting the property, owners of land abutting the abutters, own 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. _ Assessor D to Town of Nantuc et - MILTON ROWLAND BOX 3116 NANTUCKET, MA 02584 (617) 257 -9621 r W W t ti� 4 p ) u o� 7 .4.... I NANTUURE INFORMATION SHOWN HEREON WAS I I, 1' I, Mass 41 L c�� i l se t t s M04111MA1t ,I'll A, ROOM AERIAL ►HOT S. DEEOS. ©� S..'. I I` 00 .74 •• D II Al13 Of RECORD AND IS S NOT i0 Be 4m•_�_ _ _ �• ,ISTAVI'D AS HAVING SUIEICIENT ACCIM- 1• r .Nye„ M •'� FOR CONVEYANCE. 00 _- 177 et at t Y1 :1 11 O Nt 1141 1011 y4 110 4c tO.r 03 IfI NI a M n _ Ile nt no 101 T.O.M. ea of t>• to? u n Nt 17v d41 !37 1111 y1 1» S „ to 1711 ISO 443 t 741 yt 1143 toll. yq N4 es• 44 yt 04 1711 I7♦ 76 At. on Nt 11• $6. no 14 4V 1143 W 171 Ito EU IN 110 �140 170 MI 0 Ila b 7o N4 NT tl 41t lot lot tts }� u a top IY See too 1 11117 4 00 N0 N3 414 0 rt IN MIL � tee 4343 V fe Iw 411 4' 107 104 .4.... I NANTUURE INFORMATION SHOWN HEREON WAS I I, 1' I, Mass 41 L c�� i l se t t s M04111MA1t ,I'll A, ROOM AERIAL ►HOT S. DEEOS. ©� S..'. I I` 00 .74 •• D II Al13 Of RECORD AND IS S NOT i0 Be 4m•_�_ _ _ �• ,ISTAVI'D AS HAVING SUIEICIENT ACCIM- 1• r .Nye„ M •'� FOR CONVEYANCE. 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M 1111 ]114 Jtl7 I Ni Of tN _ )4141 !l0 its 1140 w � )•1 USE 341: see �N �.1 ell 14 1147 4n ?Al... a• 3 90 1144 9411 411 tit eH Sao 191 410 413 ty 1143 V tit Sat 1144 3 11743 4041 414 , Q 1114 VE'NiJ 3141 303 416 143 4041 1194 .» sit 117, •oT 410 i7[ )se bill 417 •1141 Te.r )434 104 411 430 271 tie 197 405 °t st4 4111 174 404 419 4111 )all Its 40 '1111, 437 407 4t4 its i 3141 s7t Opt 431 430 434 M 400 401 41111 10 Ott 70.4.Nt7 At 430 f41.4 I. IS Ta 4.LI1 N.4.1. 4 6411 - Is 4 70.4.N0e _ 0. REVISI N LEGEND Irt,l ptMOTtb NOT CONSTRUCTORS, CONSTRUCTORS, ► Tl�� �,o it aful `1()�1nty o •411 c GAII IC o.lE IAICtI L TAX OISMISS TOWN 07 01ANTUCK91. .4.... I NANTUURE INFORMATION SHOWN HEREON WAS I I, 1' I, Mass 41 L c�� i l se t t s M04111MA1t ,I'll A, ROOM AERIAL ►HOT S. DEEOS. ©� S..'. I I` 00 .74 •• D II Al13 Of RECORD AND IS S NOT i0 Be 4m•_�_ _ _ �• ,ISTAVI'D AS HAVING SUIEICIENT ACCIM- 1• r .Nye„ M •'� FOR CONVEYANCE.