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Home My WebLink About105-86?I TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 October 99 1986 Re: JAMES G. TYLER (105 -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 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 In the matter of the application of JAMES G. TYLER (105 -86) , at a meeting of the BOARD OF APPEALS, held at 1:30 P.M. on Friday, October 3, 1986, at the Town and County Building, Nantucket, the Board enters the following Decision and makes the following findings: 1. This is an application for a SPECIAL PERMIT granting relief per Nantucket Code §139.27.) (Rate of Development). If granted, the Applicant would be relieved from the terms and conditions of a covenant entered into by the Applicant pursuant i to the provisions of Nantucket Code §139.27.F. The Premises are located at 80 SANKATY ROAD, SIASCONSET, portion of Lots A and 4, Plan Book 5, Page 14 (Assessor's Parcel 49 -114), and are zoned RESIDENTIAL -2. 2. Based upon the application and the materials and testimony a presented at the public hearing, the Board finds that the Applicant acquired the Premises on March 3, 1981. On October 15, 1981, the Applicant entered into the so- called residency covenant running in favor of the Town of Nantucket. This covenant was recorded with Nantucket Deeds on October 15, 1981 in Book 186, Page 108. By its terms, the covenant remains in full force and effect for a period of not less than five years from the date of issuance of an occupancy permit for the dwelling constructed and occupied pursuant to the covenant. On the basis of the covenant, the l Page 1 of 3 'a .,t Applicant was issued a building permit for the construction of a dwelling upon the Premises. The Applicant constructed a dwelling in accordance with said permit and, as of June 1, 1983, began occupying said dwelling as his year -round residence. The Applicant had all necessary inspections made of the dwelling during its construction, but through some oversight, no certificate of occupancy was issued by the Building Department, and the building permit card was lost. In September, 1986, the Applicant reapplied for, and received, a certificate of occupancy for the dwelling upon the Premises. The Applicant and his family are leaving Nantucket for personal and financial reasons. The Applicant has two small children and has received a business opportunity which will provide him and his family with greater financial stability than is available on Nantucket. In addition, the Applicant's elderly mother has been ill, and the Applicant would like to live closer to her to provide family support. 3. No opposition to the application was presented at the public hearing. 4. The Board could find no basis for granting relief at the present time. However, considering that the Applicant completed construction of the dwelling and began occupying it as his year -round residence as of June 1, 1983, the Board finds that it would be inequitable to have the covenant run for a period of five years from September, 1986. Considering the elements of personal and financial hardship presented at the public hearing, the Board finds that prospective relief from the terms and conditions of the covenant is warranted. Page 2 of 3 5. For the reasons set forth above, the BOARD OF APPEALS hereby GRANTS the Applicant prospective relief from the terms and conditions of the covenant, to take effect as of June 1, 1988, granting relief from and terminating said covenant as of said date, by a SPECIAL PERMIT, by a UNANIMOUS VOTE. Dated: October 9, 1986 Nantucket, MA 02554 William R. Sherman a9: �e I 1 Dorothy D. Vollans C. M4 shall l Beale Page 3 of 3 NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, OCTOBER 3, 1986, at 1:30 P.M. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREET, NANTUCKET, on the Application of JAMES G. TYLER (/0 -86) seeking a SPECIAL PERMIT under SECTION 139 -27J (rate of development) of the Zoning By -Law or, in the alternative, a VARIANCE. If granted, the Applicants would be relieved from the terms and conditions of a covenant entered into pursuant to SECTION 139 -27J. The premises are located at 80 SANKATY ROAD, SIASCONSET, ASSESSOR'S PARCEL 49/114, portion of Lots A and 4, Plan Book 5, Page 14, and are zoned RESIDENTIAL- 2. William R. Sherman, Chairma BOARD OF APPEALS FEE $100.00 Case No. /05- -86 APPT,ICAT 100 in TRE' BOARD OF APPEALS Nantucket, Massachusetts To the Members of the Board 06APpeals: The under519ned hereby apeties for relief from the terms of the (ZONING BY- LAW)(9U1LDTNd CODE) on Property described below: Location of Property_ 80 Sank a_ty Road, Siasconset (49/114) Lot No. Portion of Lots A and 4 _ fan No. Book 5, Page 14 District is zoned for Residential -2 Type of structure(Existing or Proposed) or proposed use: Existing Owner's Name James G. Tyler Owner's Address c/o Reade & Alger Prof. Corp., Four Young's Way, P. O. Box 2669, n t, MA When did you acquire this property? March 3 1981 —02584 Has application been filed at Building Department? No. Has any previous appeal been made? No. Section of By -Law or Code from which relief is reque$ted: Nantucket Code §139.27.F (Rate of Development) Reason for asking relief: Applicant signed the covenant on October 15, 1981 and constructed a dwelling upon the Premises Applicant began occupying the Premises as his year -round residence on or about June, 1982 but neglected to obtain an occupancy permit until September, 1986. Applicant and his family are eaving the island or persona an rinancl Applicant's inability to sell the Premises is causing severe hardship. Signature of applicant by: ame y/Gr le S F. Alger, At o ey ATTACH: (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 Town of Nantucket. (3) Four copies of the application and a map or plan showing i 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 a var *iainn dahPS Hearing date(s) Decision of Board Decision filed with the Town Clerk A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, OCTOBER 3, 1986, at 1:30 P.M. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREET, NANTUCKET, on the Application of JAMES G. TYLER ( -86) seeking a SPECIAL PERMIT under SECTION 139 -27J (rate of development) of the Zoning By -Law or, in the alternative, a VARIANCE. If granted, the Applicants would be relieved from the terms and conditions of a covenant entered into pursuant to SECTION 139 -27J. The premises are located at 80 SANKATY ROAD, SIASCONSET, ASSESSOR'S PARCEL 49/114, portion of Lots A and 4, Plan Book 5, Page 14, and are zoned RESIDE".TIAL- 2. William R. Sherman, Chairman BOARD OF APPEALS -I 4 r TOVIN OF NPflVIC'K£T List of Parti ^_s in interest in the matter of the Petition of: Name: James G. Tyler c/o Reade & Alger Professional Corporation Add ress: Four Young's Way Post Office Box 2669. Nantucket. Mass. 02584 Property Address: 80 Sankaty Road Siasconset (Map 49, Parcel 114) See attached list. 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 nn any street or way, and owners of land within 300 feet of the property all as they appear on the r+ost Wrecenta cable TAX $st. 1 986 September Dato Town of NantUc&et 21 30 - _- 3! 4C F Y 4, 49 43 - j CHANGED �V i'r'k �� '• +�� kfi"� SET MA 0256 � OK 5 ' PC) .1 a ., s V Z V 4 c 4 N 5 m 7 a ti a e r SANKA rY AVE. ASSESSOR'S s 49 - 114 ZOt/ /NG : R - 2 TO : NEWO R L D BANK I HEREBY CERT IFY THAT S HAVE EX - AM /NED rAilC PREM /SFS AND THAT ALL EA3EMENTB, CNCROACNME'NTS AND BUILD /NGS ARE LOCATED ON T:/E GROUND A9 SHOWN TO THE a.EST OF MY KNOWL- EDGE AND A8 /L /rY . t /JER.CRY CERT/FY TO rA#,,c BKsr OF MY KNOWLEDGE THAT THE PREM /SES SHOWN ARE NOT LOCAT.CD W THE FLOOD HAZARD ZONE AS DCL/NEATED On/ COMMUN/TY ;f-113-74 P NO. ZZOZ30A j MASS. EFF CT /V BY DEPT. OF NOTE: TN /S IS A TAPE SURvEY BASED ON THE LOCAT /On/ OF SURVKY MARKERS OF OTF/.fRB AND is NOT /NTICNDED TO BE A PROPERTY "IVE saRv.CY. TI/ /5 PLAN WAS DRAWN FOR MORTG•ArrC PURPOS.CS ONLY, NOT TO BE RECORDED. OWMCR JAMjES Cr. TYL..CR DLED BOOK /8/ PG. G4 PLAN PLAN F /LE /2 -F JOSIAH S. BARRETT No. 1605 MORTGAGAC PLOT PLAN OF LAND /N NANTUCkET, MA. SCALE: /' `30' APR/,L //, 1985 HART - BLACKWCLL $ ASSOC. -, /NC. S SPARKS AY.E. NA/JTt/C/C67-, MA. 02554