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Home My WebLink About102-88ft- , TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 r' ;-, 6W Re: Decision in the Application of Enclosed is a notice of the 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. cc: Building Commissioner Planning Board Town Clerk William R. Sherman, Chairman BOARD OF APPEALS BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MA 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, NOVEMBER 18, 1988 at 1:00 p.m. in the Town and County Building, Nantucket, mad` the following decision upon the Application of ELIZABETH S. KALMAN (102 -88), address 60B South Prospect Street, Nantucket, MA 02554. 1. Applicant seeks a SPECIAL PERMIT under SECTION 139 -271 giving relief from the building "cap" residency covenant she signed 10/16/86 pewr SECTION 139 -27F. Her premises are located at 60B SOUTH PROSPECT STREET, Assessor's Parcel 55- 329.1, Plan 13302 -F filed with Certificate of Title 11,890, Lot 9, zoned RESIDENTIAL -1. 2. Our findings are based upon the Application papers, including a copy of the 10/16/86 covenant, and representations, testimony and documents received at our hearing. 3. We understand that Applicant recently had a baby. Although she lives in one unit of the duplex, she feels that her premises are too small for her family. In any event, the layout of the house is inappro- priate for a family with an infant because the bedrooms are t01r floors below the master bedroom. Accordingly, Applicant offered the premises for sale with the intent of moving into a larger, more appropriate residence. Recently, she has signed a contract to sell her house after an extended effort to find a buyer. At the buyer's insistence, however, the contract makes the obligation to purchase contingent upon Applicant's obtaining relief from the covenant. Buyer's representation stated at the hearing, however, that the covenant against seasonal rental was consistent with its intended use of the premises by employees. 4. Several abutters spoke in opposition to the Application. Their primary concern was that the premises would be used by the purchaser as an "employer dormitory ". They were opposed to such a commercial project in a residential neighborhood. Any such use, however, requires prior relief from this Board by Special Permit under Section 139 -22H. 5. We find that paragraphs 1 -3 of the covenant requiring Appli- cant to occupy the premises as her year -round residence, impose an unreasonable personal hardship on Applicant because her family can no longer be appropriately accommodated in the dwelling. Any financial hardship because Applicant -uould not be able to sell the premises un:'er her contract with the buyer with the covenant in effect in not unique to Applicant but is typical of sales of covenanted propertie:7 at what would otherwise be market value. Applicant qualifies for relief from paragraphs 1, 2 and 3 by this finding of hardship required by Section 139 -27J. Covenant paragraphs 4, 5 and 6 will remain in force for the full 5 -year period. Such Special Permit relief is found to be in harmony ;:ith the general purpose and intent of the zoning by -law. (102 -88) -2- 6. Accordingly, by affirmative vote of Sherman, Waine, Beale an6 Dooley (with negative vote by Balas), this Board GRANTS to Applicant the requested SPECIAL PERMIT under SECTION 139 -27J relieving her from the terms of her covenant paragraphs 1, 2 and 3. Dated: December , 1988 Nantucket, MA 02554 I j William R. Sherma c� —} Waine C. Ma pha l l BeJjqJ Pe er Dooley Ann Balas NANTUCKET ZONING BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 November 3, 1988 ,NOTICE A public hearing of the Board of Appeals will be held on Friday, November 18, 1988, at 1:00 p.m. in the Town and County Building, Nantucket, on the Application of: ELIZABETH S. KALMAN (fka Holdgate) Board of Appeals File No.10-7-88 seeking a Special Permit under Section 139 -27J for relief from a building 'cap' covenant to allow sale of her house so that it can be converted into a year -round employer dormitory per Section 139 -22H, Applicant needing a larger house for her growing family. The premises are at 60B South Prospect Street, Assessor's Parcel 55- 329.1, Land Court Plan 13302 -F, Lot 9, zoned Residential -1. William R. Sherman, Chairman Ir It RESIDENCY COVENANT WIIEREAS, I, ELIZABETH S. HOLDGATE of Nantucket, Nantucket County, Massachusetts is a natural person and is the Owner of the real property situated at 60 Prospect Street, Nantucket, Massachusetts ( "the property "), more particularly described in a Certificate of Title No. 1,1,S33 , issued out of the Land Registry District of Nantucket County and shown as Lot No. 9 on Land Court Plan No. IS31-V ^ and. WHEREAS, the Zoning By -Law of the Town of Nantucket was amended by adoption of Article 13 of the Warrant 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: WIIEREAS, the provisions of Section 7 -C became effective on April 7, 1931, 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 Town of Nantucket pursuant to the Provisions of the Zoning By -Law of the Town of Nantucket as amended. by Section 7 -C l.f. NOVI, THEREI'ORE, 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 By -Law of the Town of Nantucket, the undersigned hereby covenants and agrees as follows: X It 1. That she is domiciled in Nantucket, Massachusetts. 2. The dwelling to be located on the property will be occupied by the undersigned. 3. Said d.wclling will be used by the undersigned as a year -round residence. 4. Said dwelling will not be offered 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 binding upon future owners of the property for the term hereof. FATNESS our hands and seals this A'(11 day of October, 1986. i r >l C? lG (� (^ cc El,.i)zabeth S. Holdg t� e — THE COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. October X , 1986 Then personally appeared the above named Elizabeth S. Iloldgate and acknowledged the foregoing instrument to be her free act and deed, before tie OF �V6-- Not y pu lic My commission expires: �.��_(� �� f JVd ��( ��. 37Q6 APPLICATION OF ELIZABETH S. KAMAN Complete relief from the covenant is requested on the grounds (1) that the property is under contract to be purchased by a corporation that intends to meet the intent of the covenant by providing year -round housing for its employees; and (2) that the applicant must sell because she needs a larger house for her growing family, and the buyer will not close until the covenant has been lifted in its entirety. 30A Form 1 -87 No. APPEICATION" NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") owner's name(s): Elizabeth S. Kalman FKA Iloldgate Mailing address: 60 B South Prospect Street Applicant's name same Mailing address: Location of lot(s): Assessor's map and parcel: 55/329.1 Street address 60 B South Prospect Street Registry LC PL, PL BK & PG, PL FL 13302 -F Lot g- Deed ref . 12,533 Subdivision Endorsed / / ANR? Date lot(s) acquired: 7/ 8/ 86 Zoning district R -1 Number of dwelling units on lot(s): 2 Rental guest rooms None Commercial use on lot(s): None MCD? No Building date(s): all pre -'72 zoning? or C.O. granted 5/12/87 Building permit application- Nos. and dates 5036 -86 10/28/86 C of 0? yes Case No(s). or dates all prior BOA applications: approx. 10/86 State fully all zoning relief sought together with all respective Code sections and subsections, specifically, what you propose compared with present and what grounds you urge, for BOA to make each finding per Section 139 -32A if Variance, -30A if Special Permit, -33A if to alter or extend non - conforming use, or to reverse Building Inspector by;Appeal per -31A & B: Issuance of Special Permit under Section 139 -27J to provide relief from the terms of a covenant with the Town of Nantucket executed under Section 139 -27F. Relief is required to prevent unreasonable personal and financial hardship to the applicant. Enclosures forming part of this Application: Supplement to above x Site /plot plan(s) with present /proposed structures Locus map Floor plans present /proposed Appeal record' Needed: areas frontage setbacks GCR% parking data Assessor's certified addressee list (4 sets)r,x Mailing -Labels) (2;Lsets)�x ??�� C Fee check for $?94.00 payable to Town of Nantucket x ?'Cap" covenant x I certify that the requested information submitted is substantially complete and true-to the be t of my knowledge, under pains and penalties of perjury. Signature: �� Applicant x Attorney /agent (If not owner; show basis for authority ` to - apps --:) POP OPPTf F T14ZP