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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
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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.
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BOARD OF APPEALS
BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, MASSACHUSETTS 02554
DECISION:
The BOARD OF APPEALS, at a Public Hearing held on MONDAY,
NOVEMBER 3, 1986 at 1:30 p.m. in the Town and County Building,
Nantucket, Massachusetts, made the following Decision upon the
Application of EDWARD C. and REBECCA QUIGLEY (121 -86) of 8 Wood
Hollow Road, Nantucket, MA 02554.
1. Applicants seek a SPECIAL PERMIT under Zoning By -Law
SECTION 139 -27J to be relieved from their 139 -27F "building cap"
covenant. That covenant applies to the premises at 8 Wood Hollow
Road, Assessor's Parcel 72 -14, Lot 770, Land Court Plan 5004 -48,
Certificate of Title No. 10,482.
2. Based upon the Application, correspondence and testimony
we find that the Applicants acquired the premises in March of 1983.
In order to proceed to construct their new residence without the
usual building cap delay, they elected to execute a standard cov-
enant in accordance with Section 139 -27F. The Applicants have used
the premises for their year -round residence as the covenant requires.
3. The Applicants are leaving Nantucket for medical and fin-
ancial reasons. The Applicant is a self - employed contractor and has
received a business opportunity elsewhere which would permit him to
work less hours as an employee. The Applicant submitted a letter
from a physician supporting the Applicant's need to move off the
Island for medical reasons. Medical treatment would be more readily
available off - island and the working environment would be less stress-
ful. Considering the elements of medical hardship presented at the
public hearing, the Board finds that relief from the terms and con-
ditions of the covenant is warranted.
-2-
4. For the reasons set forth herein, the BOARD OF APPEALS
hereby grants the Applicant relief from and terminating said cov-
enant as of the date hereof, by SPECIAL PERMIT, by a Unanimous
Vote.
Dated: 0 ;_-_remher`3, 1986
Nantucket, MA 02554
William R. Sherman
r
LAW OFFICES
HOLMES, HAYS & FITZGERALD
35 CENTER STREET
NANTUCKET, MASS. 02554
WAYNE F HOLMES
WILLIAM H. HAYS Ill
JULIE A. FITZGERALD
September 24, 1986
Mr. William Sherman, Chairman
Board of Appeals
Town and County Building
Nantucket, MA 02554
Re: Special Permit Application
Edward C. Quigley, et ux
Dear Mr. Sherman:
Enclosed for filing please find the following:
velgel
AREA CODE 617
228-0052
1. Application plus three (3) copies;
2. Certified Abutter's List plus three (3) copies;
3. Land Court Plan 5004 -48, four (4) copies;
4. Check in the amount of $100.00 to cover the filing fee
for same.
Please notice this matter and schedule it for hearing at the
earliest available date.
Very truly yours,
Julie A. Fitzgerald
JAF / j rc
Enclosures
cc: Mr. & Mrs. Edward C. Quigley
Mrs. Madelyne Perry, Town Clerk
B -.1
FEE $10U.00
Case No.
APPLICATION TO THE BOARD OF APPEALS
Nantucket, Massachusetts
To the Members of the Board of Appeals:
w
The undersigned hereby applies for relief from the terms of the
('ZONING BY- LAW)(BUILDING CODE) on property described below:
l.oc:.Ition of property 8 Wood Hollow Road, Certificate of Title No. 10,482
Lot coo. Lot 770, L.C. Plan 5004 -48 RikHmxNjDx Assessors Map No. 72 -14
District is zoned for LUG 3
Type of structure (Existing Residential
Owlier's Name, Edward C. Quigley and Rebecca Quigley
O•.iner's Address P.O. Box 7, Siasconset, MA 02564
When did you acquire this property'? 1983
!las application been filed at Building Department? No
Has any previous appeal been made? No
:,rctiun of By -Law or Code from which relief is requested:
139 -27 F and J and 139 -30
Pe,i-son for askiny relief: Applicants request special permit relief from
the covenant. Strict conformance with the _covenant imposes an unreasonable
personal and financial hardship_on the applicants.
Signature of applicant
Julie A. Fitzgerald, Attorney
for Applicant
. :%TTACH: (1) A list of the names and addresses of each abutting owner
and owner abutting the abutters.
(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
the location of the property to be considered.
(4) If the applicant it other than the owner, please iiidicate
your authority to make this application.
BOARD'S DECISION
AJ)plication submitted to Board
Advertising dates
Ilearing date (s)
Decision of Board
Decision filed with the Town Clerk
TOWN OF NANTUCKET
BOARD OF APPEALS
List of parties in interest in the matter of the petition of:
Name Edward C. and Rebecca Quigley
Address P.O.' Box 7, Siasconset, MA 02564
Property Address 8 Wood Hollow Road, Nantucket, MA (y
00� 0000
016
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I. certify the foregoing is a list of persons who are owner_ of
land abutting the property 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.
Date —es sor
'T�� Town of Nant .et
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NOTICE
A Public Hearing of the BOARD OF APPEALS will be held on
MONDAY, NOVEMBER 3, 1986 at 1:30 p.m. in the TOWN AND COUNTY
BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application
of EDWARD C. AND REBECCA QUIGLEY (121 -86) seeking relief by
SPECIAL PERMIT under SECTION 139 -27J from their building "cap"
covenant per SECTION 139 -27F, said to impose an unreasonable
personal and financial hardship upon them. The premises are
located at 8 WOOD HOLLOW ROAD, Assessor's Parcel 72- 1421ot 770
of Land Court Plan 5004 -48 and zoned LIMITED USE GENERAL -III.
William R. Sherman, Chairman
BOARD OF APPEALS
,r
YEE $10U.00 Case No. 21!
APPLICATION TO THE BOARD OF APPEALS
Nantucket, Massachusetts
To the Members of the Board of Appeals:.
'The undersigned hereby applies for relief from the terms of the
(ZONING BY- LAW)(BUILDING CODE) on property described below:
I.oc.ition of Property 8 Wood Hollow Road, Certificate of Title No. 10,482
Lot Igo. Lot 770, L.C. Plan 5004 -48 RitanxNjox Assessors Map No. 72 -14
District is zoned for LUG 3
Type of structure (Existing Residential
Owner's Name Edward C. Quigley and Rebecca Quigley
l)•.nner's Address P.O. Box 7, Siasconset, MA 02564
When did you acquire this property? 1983
!!as application been filed at Building Department? No
Has any previous appeal been made? No
-,ctiun of fay -Law or Code from which relief is requested:
139 -27 F and J and 139 -30
for asking relief: Applicants request special permit relief from
the covenant. Strict conformance with the covenant imposes an unreasonable
personal and financial hardship on the applicants.
Signature of applicant
Julie A. Fitzgerald, Attorney
for Applicant
: +7"I'ACH : ( 1) A list of the names and addresses of each abutting owner
and owner abutting the abutters.
(2) A check in the amount of $1.00.00 made payable to the `!'owri
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 it 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
TOWN OF NANTUCKET
BOARD OF APPEALS
w
List of parties in interest in the matter of the petition of:
Name Edward C. and Rebecca Quigley
Address
P.O." Box
7,
Siasconset,
MA 02564
Property
Address
8
Wood Hollow
Road, Nantucket, MA
OOH --���
ooh 0000
016
ai9 - vas
oat - 0 33
I. certify the foregoing is a list of persons who are owners of
land abutting the property 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.
Date ;k- ssissor
� Town of Nanti et
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