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Home My WebLink About109-88TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Re: 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. e� %�`oe4-- BOARD OF APPEALS / Q�' /4 vpq BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MA DECISION: The Board of Appeals, at a public hearing held on Friday, December 9, 1988, at 1:00 P.M. in the Town and County Building, Nantuckt, made the following DECISION upon the Application of JACOB and ELIZABETH HAZLETT (/d 7-88) of Kendrick Street, Tom Nevers, Nantucket, MA 02584. 1. Applicants seek a Special Permit under zoning by -law Section 139 -27J to be relieved from their Section 139 -27F "building cap" covenant. The covenant applies to the property located at Kendrick, Cumberland and Devon Streets in Tom Nevers, Assessor's Parcel 7641 - 605/632, Lots 1- 5,76 -80 Block 2 ", Land Court Plan 5004 -G, Certificate of Title No. 12,227. The zoning district is LUG III. 2. Based upon the application, supporting documents and testimony presented at the public hearing, the Board finds that the Applicants purchased the property in 1985 and executed a residency covenant in February of 1986, which is filed in the Nantucket Registry District of the Land Court as Document Number A Certificate of Occupancy was issued by the Town of Nantucket dated April 13, 1987. The Applicants are leaving the Island for personal and financial reasons and wish to sell their house expeditiously. Currently the property is under an Agreement for sale with, a closing contingent upon the Board granting relief from the Covenant. Applicants have had the property on the market since June and fear that they will not quickly find a Buyer will- ing to pay a reasonable price for the house burdened by the covenant. 3. Applicant qualifies for relief from Paragraph 139 -27F by a finding of personal and financial hardship required by Section 139 -27J. Sepecial permit relief here would be in harmony with the general purpose and intent of he zoning by -law. , 4. Accordingly by Lin- a-ni-mous vote`-; this Board grants to Applicants the requested Special Permit under Section 139 -27J relieving him from the terms and provisions of the Covenant. DATED: December_. C1, ,_��1988 r �I t NANTUCKET ZONING BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 November 23, 1988 NOTICE A public hearing of the Board of Appeals will be held on Friday, December 9, 1988, at 1:00 p.m. in the Town and County Building, Nantucket, on the Application of: JACOB R. and ELIZABETH M. HAZLETT Board of Appeals File No./G'q-88 seeking relief by Special Permit under Section 139 -27J from the Section 139 -27F building 'cap' covenant which they signed 2/18/86, otherwise binding for not less than 5 years from 4/13/87, claiming hardship if they are not able to sell their home free of the covenant per pending P & S agreement. The premises are a corner lot in Tom Nevers bounded by Cumberland and Devon and Kendrick Street, Assessor's Parcels 76.4.1 -605 and -632, Land Court Plan 5004 -G, Lots 1 -5 and 76 -80, respectively, in Block 27, zoned Limited Use General -2. William R. Sherman, Chairman �iwruu! �sv. �v yiv <1f`Nlf� �Luli BOA Form 1 -87 ARPEZCAT- N.. NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") owner's name(s): Mailing address: 4pplicant's name Hailing address: _ Location of lot(s): Street address 0 i:�oX Z0C_\Z 14pwA 'icV /�Ift 62-S Assessor's map and parcel: ' 7641 - IWCN ` Uk Yb/,,/ Registry LC PL, PL BK & PG, PL FL Lot 1.= 7b Deed ref. Subdivision Endorsed _ /_ /, ANR? Date Lot(s) acquired: J2/zy$5 Zoning district Number of dwelling units on lot(s): Rental guest tooms -- Commercial use on lot(s): — 'MCD? Building date(s): all pre -'72 zoning?. or Building permit application- Nos. and dates 04 -aL Z 21 BI;C of 0? jy Case No(s). or dates all prior BOA applications: N6114E /I3 87 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 In ector by;Appeal per -31A & Bj- 111 No. �3 a ,-,— 1, -c I\V V, -) iAFA ThL_;,s C R6'AT,,"61 �.^AJ U F ir�A: -ccia 1 Enclosures forming part of this Application: Supplement to above Site /plot plan(s) — with present /proposed structures Locus map _X_ Floor plans present /proposed Appeal.record' -- Needed: areas frontage -- setbacks °- GCR% parking data Assessor's certified addressee list (4 sets);.Mailing Labels)(2:sets) Ile Fee check for $W.00 payable to Town of Nantucket Y_ 'Cap" covenant_ I certify tha the re uKel info ation submitted is substantially complete and true to the be ge, u der pains•and penalties.of perjury: Signature: 1l3 8 Applicants X Attorney /agent (If not own; e, how basis authority _ to^appi --:) f!