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Home My WebLink About074-88MANTOCRST SONING BOARD OF APPSALB gAyTOCSST, M"8ACBUBSTT6 02554 August 30, 1988 File No. d-?q To: Parties in interest and others q! n� Re: Decision in the Application of / • ( - ( V OMOL S to 00 - j .1r, Ct►7Gi E,(i`Wj '✓Q?R�n � - w�� Enclosed is the decision of the Board of Appeals which has this day been filed with the Nantucket Town Clerk. An appeal from this decision may be taken pursuant to Any Section 17 of Chapter 40A,=Massachusetts General Laws. action appealing the decision must be brought by filing a complaint in court within twenty (,20) days after this date. Notice of the action with ' a -copy of the complaint and certified copy of the decision must be given to the Town Clerk so as to be received within such twenty (20) days. will am R. Sherman, Chairman cc: Buildinq Commissioner Planning Board Town Clerk ,30/1W� BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 At a public hearing on Friday, August 5, 1988, at 1:30 p.m. in the Town and County Building, Nantucket, on the Application (074 -88) of THOMAS WOOD, JR. and ELIZABETH A. WOOD having an address at 204 Sycamore Street, New Bedford, MA 02554, the Nantucket zoning Board of Appeals made the following DECISION: 1. Applicants seek relief by Special Permit under zoning Bylaw Section 139 -27J from their "building cap" residency covenant which they executed June 14, 1985, pursuant to Section 139 -27F. The premises are located at 25 Equator Drive in the Pine Knolls subdivision, Assessor's Parcel 066 -257, Land Court Plan 25397 -G, Lot 63, zoned Residential -2. 2. Our findings are based upon the Application papers including a copy of the covenant, and representations and testimony received at our hearing. From these, we understand that Applicants acquired the premises 6/13/85, executed the residency covenant the next day, and then proceeded with construction of their single- family residence without the otherwise - required wait in the building cap lineup. Apart from exceptional circumstances, they would remain bound by their covenant to occupy the residence on a year -round basis, without seasonal rental, for 5 years from issuance of a certificate of occupancy. Their covenant would similarly bind any successor in title. 3. To obtain the requested relief from their covenant, Applicants present evidence that their continued strict conformance with the covenant would impose unreasonable personal and financial hardship upon them, and we so find. Specifically, in relocating to Nantucket for Mrs. Wood to become Director of Our Island Home, they expected that Mr. Wood would be transfered by the State agency with which he worked. Accordingly, they sold their mainland home and purchased the premises. The transfer, however, did not occur, and Mr. Wood was obliged to live off - Island with relatives, an economical arrangement of limited duration. After commuting until spring 1987 to be together, strains on the relationship led to Mrs.Wood's resignation. They wish to sell their Island home to re- establish themselves on the mainland and have finally found a buyer, now under purchase- and -sale agreement, who conditions purchase on being free of the covenant. 4. The Planning Board's recommendation was favorable, and no opposition was heard. r 5. Accordingly, by unanimous vote, this Board grants to Applicants the requested Special Permit under Section 139 -27J, thereby relieving them and their successors from any further covenant obligations. Dated August 30, 1988 2.. Shermz Mic:q a 1 J. 'M ra --551-e D. Waine 2 - r' RHODA H. WEINMAN Attorney at Law 36 Centre Street - Box 1365 Nantucket, MA 02554 (508) 228 -9600 July 11, 1988 Mr. William Sherman, Chairman Board of Appeals Town & County Buidling Nantucket, MA 02554 Re: Application for a Special Permit Applicants: Thomas and Elizabeth Wood Property: 25 Equator Drive Dear Mr. Sherman: Enclosed for filing, please find the following: 1. Application plus three (3) copies; 2. Certified Abutter's List plus three (3) copies; 3. Four (4) copies of the subdivsion plan; 4. Four (4) copies of the site plan; 5. Four (4) copies of the Covenant; 6. Two (2) sets of mailing labels. Also enclosed please find a check in the amount of $150.00 for the filing fee for the above. Please schedule this matter for hearing at the next available date. Sinc r 1 , Rhod H. We'n RHW :sfj cc: Thomas and Elizabeth Wood �/ D- Joanne Holdgate, Town Clerk with copies 711,0 f / * - Form 1 -87 No., L'ZCAIION:' NANTUCKET ZONTiiG BOARD OF APPEALS ( "BOA ") r' s name(s): Thomas Wood Jr. and Elizabeth A. Wood ing address: 204 Sycamore Street , New Bedford, MA 02740 _ icant's name : Thomas Wood Jr. and Elizabeth A. Wood ing address: same tion of lot-(s): Assessor's map and parcel: 066 -257 treet address 25 Equator Drive egistry LC PL, PL BK & PG, PL FL 35397 -G Lot 63 Deed ref.11,874 ubdivision Pine knolls Endorsed 12/ / 83ANR? AR —i lot(s) acquired: 6/13/ 85 Zoning district R -2 er of dwelling units on lot(s): 1 Rental guest zooms 11 /a ercial use on lot(s): „n MCD? cling date(s): all pre -'72 zoning? no or uilding permit application Nos. and dates #4204 - 85,6/19/85 C of 07 12/17/85 No(s). or dates all prior BOA applications: n/a e fully all zoning relief sought together with all respective Code sections nd subsections, specifically, what you propose compared with present and hat grounds you urge, for BOA to make each finding per Section 139 -32A if ariance, -30A if Special Permit, -33A if to alter or extend non - conforming se, or to reverse Building Inspector by,,Appeal per -31A & B: Applicants seek a special permit for relief from the Residency Covenant pursuant to Section 139 -27J. Applicants signed the Residency Covenant on June 14, 1985, and have recently relocated off - island because of a change in personal circumstances. osures forming par of this Application: Supplement bo above ite /Blot pl n( s) /_ with present /n q� tructures ocus map Floor plans present /proposed Appeal:-record" eeded: areas frontage setbacks GCR% Barking data ssessor's certified addressee list (4 sets)r; X •Mailing labels' (2. ;.q ts) X ee check for $150,00 payable to Town of Nantucket X "Cap" covenant rtify that the requested information submitted is substantially complete nd true to th s of y k owledge;..under pains'and penalties'.of perju a Applicant Attorney /agent/ not owner, s o basis for authority'tb ^apply':).. FOR OFFICE USE i.cation copies received: 4, (or only _) for BOA _ /_ /_ by tie copy given Town Clerk _ /_ /_ by Complete? ne copy sent to Planning Board and to Building Dept. by 150,00 check given Town Treasurer _ /_ /_ by :es of hearing posted _ /_ /_ mailed — /_ /_ published ing(s) held on _ /_ /_ continued to _ /_ / _ /_ /� withdrawn? ;i.on made _ /_ /_ filed with Town Clerk _/ / mailed 1:e1.ated files: application litigation� - other / i J.'A N 1) p COVENANT WHJ---,REAS , , f110111as Wood ' Jr. and Elizabeth A. Wood of Nantucket; Nantucket County, Massachusetts is/are (a) natural Person" and is/WO the Owner,$) 01 the real property situated at Equotor Drive Nantucket, Massachusetts ( "the property-), more Particularly described in a Certificate Of Title No, 11,874 Book 6) j Page t 7�_ d I issued Out of the Land Registry District of Nantucket county and shown as Lot No. 63 On Land Court-. 111�1n No. a I I d WHEREAS, the Znninq By-Law OE the Town of Nantucket wi s amendW by adopLinn of Article 13 OE the Warrant for the 1-981 Annua, Town MOetinq to include a now Section 7-C and further amended for clarification proposed by Article 12 of the 1.984 Annual Town Meetinc: WHEREAS, the provisions Of SecUon VC became effective on April 7, 1981, by virtue of General Laws, Chapter 40A, Section 5; anrl, WHEREAS, the undersiqned h., for a Building Permit with respecL LO the prop art, ,d d ...... to execute, acknowledge and deliver a Covenant LO Lhe Town a ; f Nantucket pursuant to the provisions Of thu Zoninq By-Law of the Town of Nantucket as amended by Section 7-C 1,f, I Nbw, THEREFORE, in consideration of the issuance of Building Permit to the undersigned and in compliance with the provisions Section 7-C J.f. of Of the Zoninq By-Law of the Town Of Nantucket, the undersiqned hereby I covenants and agrees as follows: is jj 2/26/85 Sample -Latid Cpurt l.. Thal: he /she /they is/are dom.i.c.i_Ted or about to become (Iomici.lec? i.n Nantucket, Massachusetts. 2. The dwelling to be located on the property will be occupied by the und.ersiclned. 3. Said dwelling will be used by the undersigned as a year - rc?und rc- sidE�nce. 4. Said d.aelliric1 wi.l.l not. he offered For seasonal rental. S. '.Phis Covenant shall. remain in full force and effect for a period of not .less than fi.ve years from the date of issuance of an occupancy permit for said dwelling. 6. This Covenant shall run with the land and shall be hind .nq upon future owners of the nr.operty for the term hereof. VUTNIsSS our hani 11s and seals this 14th day of June 19 85 Till' COMMOMMI:AL'Tll OG' MASSACIIUSL "I "I'S NAN'T'UCKE`P, SS . 034 -22 -6512 June 14 1 1985 `Thomas Wood, Jr. and `Then personally appeared the above named Elizabeth Wood, A. Wood and ac]:nowledged the for.ectoinq instrument to be their free act and deed, before me 6/14/85 1.4y Commission Expires i� 2/26/85 NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, AUGUST 5, 1988 at 12:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Appli- cation of THOMAS WOOD JR. AND ELIZABETH A. WOOD (074 -88) seeking relief by SPECIAL PERMIT under SECTION 139 -27J from their "building cap" residency covenant (139 -27F) signed 6/14/85, because they have moved off - Island. The premises are at 25 EQUATOR DRIVE, Assessor's Parcel 066 -257, Land Court Plan 35397 -G, Lot 63, zoned RESIDENTIAL -2. f( J L�lf B, i, L� vL� William R. Sherman, Chairman'" BOARD OF APPEALS Form 1 -87 i, ; BlCATION:' NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") r' s name(s): Thomas Wood Jr. and Elizabeth A. Wood ing address: 204 Sycamore Street , New Bedford, MA 02740 ican t' s name : Thomas Wood Jr. and Elizabeth A. Wood .ing address: same tion of lot(s): Assessor's map and parcel: 066 -257 tteet address 25 Equator Drive egistry LC PL, PL BK & PG, PL FL 35397 -G Lot 63 Deed ref 11,874 ubdivision Pine knolls Endorsed 12/ / 83ANR? AR Lot(s) acquired: 6/13/ 85 Zoning district R -2 er of dwelling units on lot(s): 1 Rental guest zooms n/a ercial use on lot(s): MCD? ding date(s): all pre -'72 zoning? no or _ uilding permit application-Nos. and dates #4204 - 85,6/19/85 C of 0? 12/17/85 No(s). or dates all prior BOA applications: n/a e fully all zoning relief sought together with all respective Code sections nd subsections, specifically, what you propose compared with present and lint grounds you urge, for BOA to make each finding per Section 139 -32A if ariance, -30A if Special Permit, -33A if to alter or extend non - conforming se, or to reverse Building Inspector byyAppeal per -31A & B: Applicants seek a special permit for relief from the Residency Covenant pursuant to Section 139 -27J. Applicants signed the Residency Covenant on June 14, 1985, and have recently relocated off- island because of a change in personal_ circumstances. osures forming part of this Application: Supplement to above ite /Blot plan(s) -,-- with present /ll structures ocus map —,L Floor plans present /proposed _ Appeal; - record. eeded: areas frontage setbacks _ GCR% parking data ssessor.'s certified addressee list (4 sets s; X Mailing -labeis ) ('2'..s�q ee check for $150.00 payable to Town of Nantucket X "Cap" covenant rtify that the requested information submitted is substantially complete nd true to th s of y kk owledge,'..under pains and penalties .of perj•u y. a lu,re, �V/ /ICS �u .�lL��,�_ Applicant - -- - -- AL•torney /agent T.. not owner, show basis for authority to ^app2y�:) F R -- OFFICE USE / G� .ication copies received, 4'.or only ) for BOA 2 2- /°Q by Ine copy given Town Clerk /L7— ( -Z7 Complete? ne copy sent to Planning Board and to Building Dept. % by [_7�� 150.00 check given. Town Treasurer -74tV--y ces of hearing posted -�-a mailed published '7 -:21 /Afe tng(s) held on _ /_ /_ continued to _ /_ / _ /_ /_ withdrawn? sion made _ /_ /_ filed with Town Clerk _/ /_ mailed celated files: application litigation other 4� d /� SAMPLE „LAND COURT COVENANT WHEREAS, Thomas Wood, Jr. and Elizabeth A. Wood of Nantucket, Nantucket County, Massachusetts is /are (a) natural Person(s) and is /are the Owner(s) of the real property situated at Equator Drive Nantucket, Massachusetts (" the the property ), more Oarticul /arly described in a Certificate of `Title No. 11,874 Book (01 Page ' , issued out of the Land Registry District of Nantucket County and shown as Lot No. 63 on Land Court Plain No. _6S?,9TF7 and WHEREAS, the Zoning By -Law of the Town of Nantucket was amended by adoption of Article 13 of the !-Tarrant for the 1981 Annual Town Meeting to _include a new Section 7 -C and further amended for Clarification proposed by Article 12 of the 1984 Annual Town Meeting: WHEREAS, the provisions of Section 7 -C became effective on April 7, 1981, by virtue of General Laws, Chapter 40A, Section 5; and WHEREAS, the undersigned has applied for a Building Permit with respect to the property and desires to execute, acknowledge and deliver. a. Covenant to the ['own of Nantucket pursuant to the provisions of the Zoning By -Law of the Town of Nantucket as amended by Section 7 -C l.f. NOW, THEREFORE, in consideration of the issuance of Building Permit to the undersigned and in compliance with the provisions of Section 7 -C l.f.. of the Zoning L'y -Law of the ]'own of Nantucket, the undersigned hereby covenants and agrees as follows: j it 4 2/'26/85 :1.. That he /she /they is /are domiciled domiciled in Nantucket, Massachus 2. The dwell.ind to be located on the by the undersigned. 3. Said dwell_inq will be used by the round residence. 4. Said dwelling will not be offered Sample -Land Cpurt o.. r. about to become D t t s . property will be occupied undersigned as a year - for seasonal rental. 5. This Covenant shall. remain in full _ force and effect for a period of not Less than five years from the date of issuance of an occupancy permit for said dwelling. 6. This Covenant shall run with the land and shall be bindi.nq upon future owners of the property for the term hereof. WITNESS our hands and seals this 14th day of June 19 85 THE COP4MONWEAL7.1II OF MASSACHUSETTS NAN`PUCKF..7.', SS. 034 -22 -6512 June 14 1 1985 Then personally appeared the above named Thomas Wood, Jr. and Elizabeth A. Wood and acknowledged the forecxoinq instrument to be their free act and deed, before me 6/14/85. Ci r� Boy Commission Expires: 2/26/85