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Home My WebLink About134-86� Sao TOWN OF NANTUCKET i ♦ • a : ♦ NANTUCKET, MASSACHUSETTS 02554 December 5, 1986 Re: LEWIS E. SEAY (134 -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: The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, NOVEMBER 21, 1986 at 1:30 p.m. in the Town and County Building, Nantucket, made the following Decision upon the Application of LEWIS E. SEAY (134 -86) address 24 Somerset Lane, Nantucket, MA 02554. 1. Applicant seeks a SPECIAL PERMIT under Zoning By -Law Code SEC- TION 139 -271 releasing him from his covenant entered pursuant to SECTION 139 -27F. By executing such covenant running with the land, Applicant was freed from the provisions of the building cap limits per rate of develop- ment Section 139 -27. The premises are located at 24 SOMERSET LANE, Asses- sor's Parcel 66 -125, Lot 26 of Plan File 4 -0, Page 20, and zoned RESI- DENTIAL-2. 2. Our findings are based upon the Application papers and testimony and representations received at our hearing. A photocopy of the covenant is included with such papers, also of a Certificate of Occupancy dated January 10, 1984 applicable to the premises. We find that the covenant normally would expire by January 10, 1989. 3. According to an FAA memorandum dated May 9, 1986 and Applicant's testimony, Applicant has been reassigned by the FAA from his on- Island position to an off - Island one. Since that date, Applicant with his wife have sought to sell the premises. Three offers have been received, each contingent upon our grant of the now - requested covenant relief. Such relief might add almost 10% to the expected sale price, we are told. (Applicant has been with the FAA about 29 years.) 4. Off- Island relocation is also indicated for Mrs. Seay for prox- imity to needed continuing medical care. 5. Section 139 -27J provides for the requested Special Permit relief when we are able to find that strict conformance with the covenant would impose an "unreasonable personal or financial hardship ... by reason of... (134 -8h) -2- loss of employment," as well as for severe medical reasons, in this case avoidance of further loss of life. We so find. We note additionally that o"bser ( 'L nce our record shows a good -faith execution and continued o the cove- nant by Applicant. 6. Under these circumstances, we find that grant of the requested Special Permit relief would be in harmony with the general purpose and intent of the zoning chapter. The Seays are mindful of the bar executing another such covenant set out in Section 139 -27J. 7. Accordingly, by UNANIMOUS vote, we GRANT to Applicant the SPECIAL PERMIT pursuant to SECTION 139 -27J. Dated: December 5, 1986 Nantucket, MA 02554 Wee William R. Sherman Dorothy D. Vollans r s Dale D. Waine NOTICE Fri . A Public Hearing of the BOARD OF APPEALS will be held on NOV�ER 21, 1986 at 1:30 p.m. in the TOWN AND COUNTY BUILDING FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of LEWIS E. SEAY (134 -86) seeking a SPECIAL PERRMIT Under SECTION 139 -27J of the Zoning By -Law. If granted, Applicant would be released from the SECTION 139 -27F building "cap" covenant re- quirements on grounds of hardship following employment transfer. The premises are at 24 SOMERSET LAND, Assessor's Parcel 66 -125, Lot 26 of Plan File 4 -D, Page 20, and zoned RESIDENTIAL -2. William R. Sherman, Chairman BOARD OF APPEALS AL- 1 1'12 $100.00 Case No. APPLICATION TO THE BOARD OF APPEALS Nantucket, Massachuset:: To the Members of the Board of Appeals: The undersigned hereby applies for relief from the terms of (ZONING B]- ',A ?a) (BU'-LDINC CODF,) opt property described below: Location of Property. 24 Somerset Lane, "'.ntucket, Vass. 02551 Lot No. 26 Plan No. Flan Book 7ile, Page 2D District is zoned for Type of structure(Existing or Proposed) or proposed use: 7?esidence v.cner's Name Lewis E. Seay Ow.ler's Address 24 Somerset Line, Nantucket, N`--as-,. '?2554 When did you acquire Phis property? 1983 Has application been filed at Building Department? residence in use ",-ith s = >ue: Has any previous appeal been made? C 3/ Section of By -Law or Code from which relief is requested: section 7 -d l.f. of the °',oning _;,y -La.V of the To•;-n of N- antucket. Reason for asking relief: Applicants position as .anaF-er for the '.:1 .A. on ''antucket has been abolished -vdth subser-uent reassignment to the Boston Sector Office. 'he c,ovenent agreement with the Town of .'antucket is making it extremely difficult to sell the property. Also, rue to the recent loss of our infant child ,:e have been advised by our physician to have any future children on the mainland. For the above reasons we ash: that s�Te be re :eased from the covenent agreeded to -:.,ith Signature of applicant the -own of "intucket so that we car_ put our life in order as cu i ckly as possible. X 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 T3,wn 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 �C:� • �ao� Advertising dates Hearing date(s) Decision of Board Decision filed with the Town C. rk 4 FC.oy 2 9 FAV 182 C0VE14 AI ,'i' Nantucket, Nantucket County, reaa- property situated at Sower, Massachusetts ( "the property "), and I) I, Massachusetts, are the owner:', of ti.. r.SrT R1 EXT(yT 114.1 , ',lantucl' more particularly described in a i recorded with Nantucket • County Registry of DeerL3 , Book ;� o ( , and shown as L i; No. 'Z (o on a i_= an p. t:iI en. Iui_;; f L rt �v C� 1� T v ct Tca s s dated n 4 •ti o� S 1 `) i�, b GJ, vhf y filed in Plan Book "CA;e, Page yZ); and 1rIEREAS, the Zoning By -Law of the Town of amF r,d -d i)y a(7option of Article 13 of the Warrant for the 1981 1,nnua - inrr.� to include a new :?ection 7 -C • ana v'HERE �5, the provisions Of Section ; " -i; became efi',ctive on APP! by virtue of General J_,aws, G'napt:er 40A see tirr; +. 111[:.REAU, the undersigned has applied for a l,u :i_ _n� p� r :' `, ' respect to the property and desires to execute, acknowledge :Itjo deliver a Covenant to the Town of Nantucket pursuant to the rovi:: Of' the Zoning Ely -Law of the Town of Nantucket as ai -': ndcd 1. 7 -C l.f. NOW, THEREFORE in cons, - ._- 1.:fF_ ., of the issuance .;f Buis d_._n�, hC3rlTii No. to the urn der. ��g�;('d and itl cempl witil t Pro".-i.340ns of Section 7 -C 1--f. off' the Zoning By -La:,; oi' the i i';<u,t:icket, the undersigned hereby covenants y and agrf:-e., a:� 1. The dwelling to be located rin the pror),_rty ti.i71 t, occl_ipied by the undersigned. Said dwelling will be used by the undersiFned -r ,year -round residence. �• aid dwelling ,ail -! not be offered _'or seasonal rental. 4. This Covenant shall remain in full fork and effect for a period of not less than five years from the date of issuance of an occupancy permit for said dwelling. 5. This Covenant shall run with the land and shall be binding upon future owners of the property for the term hereof. WITNESS our hands and seals this 1 day of a 1981-, - 2 � �,_' ___ -1 -'.' - �_ THE COMM014WEALTH OF MASSACEUSETT:? NANTUCKET, SS. C� 15 t1 Then personally appeared the above named and acknowledged the foregoing instrument to be �%.S free act �ct �1U '-- ,fore me Notary u lic My Commission Expires: Aar'. r1�1 q C NANTUCKET COUNTY Received and Entered JAN 101984 Attest Register US Department of 1, 3nsportation Federal Aviation Administration subject: Action: Administrative Reassignment Date: Reply to From :.Anager, Airway Facilities Sector, 812 Attr of To Lewis Seay N anager, Nantucket Sector Field Office, AFS -812 -7 MAY 9 7986 This is to advise you that I plan to reassign you to the position of Assistant Manager for Program Support (AMPS), GM- 856 -13 at the Boston Sector Office. This action is necessary to ensure continuity of sect,-)r programs. i'he AMPS is responsible wit }tin the sector, for all matters pertaining:_ to manpower money and materials, including sector personnel management, technical training, certification and proficiency development, logistics, safety, management systems, security, emergency preparedness, budget, accounting, and travel. To assist in carrying out their responsibilities, there is a program support staff of 5 -7 people for which the AMPS is the first level supervisor. The duties and responsibilities are i-aore specifically described in the attached Position description. If you choose to accept this reassignment, the action would become effective upon receipt of your acceptance or July 6, 1986, whichever comes first. Before taking further action, I will consider any interests and concerns you may have. Please advise me of this no later than 7 days from receipt of this letter. Should you have any questions relative to the personnel regulations c)r other aspects of the situation, please contact either Ernest I_,andry, , ^__E -14 or me. I`ineth J elotte Attachment ACKNOWLEDGED: Z DATE: Lewis Seay Supervisor, SFO- 812-4, I U.-- fit 4 I fro- 14 14 kA rA2 w. CLO owl Ir I fit 4 I fro- 14 14 kA rA2 w. CLO owl ^ D •� m N N n V Z in O m A O -4 AO-! A C > N �m> z C mz� z H T r, —I ° m m 3 � � r o° A7 A a m� 0z° Z i z n c=ep o z� �! O (1ia C m C �® ..o A o 3� a M m M ® O m A. > m Ln z � > .® m M m V V� D - 0 Z a° o a A mp 0-4 �D n zm N O A <-a m > m A z � PP" M °m aCA z vs 4D e ma °Z to 1 .w X -4 X C DZ Mz '° O "In ro� �N M -� m A� .,1 O 0r In m M r nn ..4 O A '9 -� z X a ® o -4 Z0 03>Z� m zAZ° � OHS, a Drm� -i D T -i Z m A = L24 M m M 0 �'• 2 ' -�rz m D � O p N° C-imomA = C C c n N o o a 2c o Z_ cz ZN > 3:>M 171 a z z O O z m nMo ot >°z m A c \. < C4- z °3 � N �■■� m O ® z zHm °a N MCO m cm�, ®0-q � z Z m o IA ° «a zA_, •• ,� ' L TOWN OF NANTUCKET, MASS. Certificate of Occupancy No. ' at,8 -�Z) his certifies that the ............. S..... dire , , , , , , , , , , , , , , located at No.................. Somerset n ^G P Street... .... ........ Zone..... ............. conforms substantially to the approved lot plan and detailed statements for which Building Permit No ....... 3158 -84 .. , .. , . , , , , , was issued . January, 1� ............... 19Lq' 4. Nantucket This certificate therefore is issued to ............. �V13..Seay .................. to occupy or use said premises or building or part thereof for the following purpose ................................ L1,.ae11inc? ................................................................. ............................... ................................................................. ............................... subject to and in accordance with all the provisions of the Zoning By Laa of the own pf Nantucket. Dated.... Qgt:QhPX . 1 g : *.......... � 1 �........ ✓..`!...... . Building Inspector. r. p' TOWN OF tdANT,:CKET BOARD OF APP'S in int 4 rc.;t. i i' tr.. .:.otter cif she petition c':: :i ty Address . who are owners of la I certify tiie foregoing is a list � the abutters, owner abutting the property, owners of 1Grjcx bL_ of land'directly opposite the property on any s `� or way, an -hey appe owners of land within 300 feet of the pt on the most recent applicable_ TAX list. ASSCSS� Town or tvaii�u�n� LIST OF ABUTTERS CONT. Nettleton, Gail A. & Vogt, Donald R. 1801 Nuthatch Ct. Millersville,;MK 21108 Keltz, Gregory P. & Heather Buik 4 Catherine Lane Nantucket, MA 02554 Murphy, Susan 5 Catherine Lane _ Nantucket, MA 02554 Lappin, Sharon 66 Mt. Pleasant St. Bridgewater, MA 02324 Camara, Glen M. & Pat 144 Dartmouth St. New Bedford, MA 02740 Vierus, Richard E. & Alice M. 7 Catherine Lane Nantucket, MA 02554 Austin Farm Realty Trust c/o Lawrence Maury Tr. 89 Polpis Road Nantucket, MA 02554 ` r/. L13T OF ABUTTERS Paul Huyser 22 Somerset Lane Nantucket, Mass. 02554 Fred & Lynn Johnson 26 Somerset Lane Nantucket, Mass. 02554 Warren C. Pease 28 Somerset Lane Nantucket, Mass. 02554 Kevin C. Hoppen Catherine Lane Nantucket, Mass. 02554 Edward B. Walker Catherine Lane . Nantucket, Mass. 02554 Bartlett's Ocean View Farm Bartlett Farm Road Nantucket, Mass. 02554 i a- r