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Home My WebLink About054-89File No. o 5 L-�- '3>4� TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 October 0Z-� 1989 (054-89) To: Parties in interest and others Re: Decision in the Application of: WENDY S. FOWLER 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 Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the decision must be brought by filing a complaint in court within: 1 ! 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. cc: Building Commissioner Planning Board Town Clerk Y ��jj Wi lia R herman, C a�irma`n r, r BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a public hearing held on Friday, October 13, 1989 at 1:00 P.M. in the Town and County Building, Nantucket, made the following DECISION upon the Application of WENDY S. FOWLER (054 -89), of 4 Doc Ryder Drive, Nantucket, Massachusetts 02554. 1. Applicant seeks a SPECIAL PERMIT under Section 139 -27J giving relief from the building "cap" residency covenant that she signed on June 3, 1985 pursuant to Section 139 -27F. The property subject to the covenant is located at 4 DOC RYDER DRIVE, Assessor's Map 66, Parcel 220, and shown as Lot 118 on Land Court Plan No. 28933 -M as evidenced by Certificate of Title No. 11,592 at the Nantucket Registry District for the Land Court. The property is zoned RESIDENTIAL - COMMERCIAL. 2. Based upon the Application, supporting documents and testimony presented at the public hearing, the Board finds that the Applicant purchased the property in January of 1985 and executed the building "cap" covenant in order to obtain a building permit in June of 1985. The covenant is filed as Document No. 32606 at said Registry of Deeds. A Certificate of Occupancy for the premises was issued January 19, 1988. 3. The Applicant is leaving the Island for personal and financial reasons and are anxious to sell their house expeditiously. Given a new baby, Applicant has been unable to return to work and her husband's wall - papering business has declined given the general decline of building on the Island over the past year. The Applicant's father has offered to help defray their living expenses by making available a guest cottage on his property in Florida during this difficult time. Accordingly, they find it necessary to leave the Island in order to cope with their financial situation. Their house has been on the market for many months and they have been advised by several real estate agents that relief from the covenant will make a wider pool of buyers available to them. 4. The Board finds that the Applicant qualifies for relief from Section 139 -27F as a result of personal and financial hardship. Special Permit relief by virtue of Section 139 -27J is therefore appropriate and in harmony with the general purpose and intent of the zoning by -Law. 5. According by UNAMIMOUS vote, this Board GRANTS to the Applicant the requested Special Permit under Section 139 -27J releasing her from the terms and provisions of the above - referenced building "cap" covenant. DATED: October Q6, 1989 Nantucket, MA 02554 - ..� --�-- William R. Sherman -t e W. ine •� inda Wblli ,—,-- -() Michel � . O'Mara David J. Leggett NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 September 28, 1989 NOTICE A public hearing of the Board of Appeals will be held on Friday, October 13, 1989, at 1:00 p.m. in the Town and County Building, Nantucket, on the Application of: WENDY S. FOWLER, OWNER, and JOHN FOWLER Board of Appeals File No. OA -89 seeking a Special Permit under Section 139 -27J giving relief from the building 'cap' covenant they signed June 3, 1985 applicable to their home for which a Certificate of Occupancy was granted January 19, 1988. Personal and financial hardship are cited. The premises are at 4 Doc Ryder Drive, Assessor's Parcel 66 -220, Lot 3 on Land Court Plan 28933 -M, zoned Residential- Commercial. illiam R. Sherma , Chairman BOA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 CASE No-0- APPLICATION FOR RELIEF Owner's name(s) : Wendy Fowler Mailing address: 4 Doc Ryder Drive Applicant's name: Wendy and John Fowler ler. _ Mailing address: Same Location of lot: Assessor's map and parcel number 66 -220 Street address: 4 Doc Ryder Drive Registry Land Ct Plan, V1(WMXXUXMXMXR1AUXXiAX-- 28933 -M Lot 118 Cert. of Title No. Date lot acquired: _L/� 85 WeftixRef 11�,92_ Zoning district RC Uses on lot - commercial: None X or -4194_i15 MCD ?__ - number of: dwellings I duplex_ apartments rental rooms__ Building date(s) : all pre -8/72? or June 1985 C of O? Yes Building Permit appl'n. Nos. 4194 -85 Case Nos. all BOA applications, lawsuits: NONE State fully all zoning relief sought and respective Code sections and subsections, specifically what_ you propose compared to present and what grounds You urge for BOA to make each finding per Section 139 -32A if Variance, 139 -30A _4 if a Special Permit (and 139 -33A if to alter or extend a nonconforminq use) . If appeal per 139 -3),A B _ attach decision or order appealed. oK to attach adden(iunr . SEE ATTACHED ADDENDUM Items enclosed as part of this Application: orderl addendum2 X Locus map_X_ Site plan_ showing present +planned structures Floor plans present_ proposed_ elevations (11DC approved?_ ) Listings lot area frontage setbacks_ GCR _ parking data Assessor-certified—addressee list 4 sets X ma *ling labels 2 setsg._ 5200 fee payable to Town of Nantucket X proof 'cap' covenant_X t(If an appeal, ask Town Clerk to send Bldg Comr's record to BOA.) I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under the pains and penalties perju�� SIGNATURE; .- %lk_- e- l /y� -� `c' Applicant Attorney /agent _X_ Melissa ll. Yhilbrick; Attorne for John an Wend Fowler 3(If not owner or owner's attorney, enclose brooP of authority) FOR BOA OFFICE USE Application copies reed: 4_.11X-r for BOA on � r by__CCL,J One copy filed with 'Town Clerk on by� / complete? C — im � v OI One copy each to Planning Bd and Building Dept ��by G 0 - $200 fee check given Town Treasurer on'? /221J�byaived ? Hearing notice posted Lailed 9��1-0 I & M llearing(s) on_/_/_ cont'd to--J__/_, _/�_ withdrawn ?_ /__j_ Decision due bye_/_ made_ �_/_ filed TC_/_J_ mailed_/ See related cases lawsuits other ADDENDUM to the Application of Wendy and John Fowler The applicant requests a Special Permit under Section 139 -27J relief from the covenant signed pursuant to Section 139 -27F of the Nantucket Zoning Code (Building Cap Covenant) on June 3, 1985 and recorded as Document No. 32606 at the Nantucket Registry District for the Land Court, a copy of which is attached. The Certificate of Occupany for the house on the premises was issued on January 19, 1988. The applicants have supported themselves on Nantucket through a painting and wallpapering business, which business due to the general economic slowdown has declined to a point where they can no longer afford the cost of living on the Island. They have a four month old baby making it impossible for Mrs. Fowler to return to work. Mrs. Fowler's parents have offered to help them through this difficult time if the Fowlers move to Florida near them. This Florida move makes the sale of their house here necessary. Because of these personal and financial hardships, the applicant seeks relief from the terms of the covenant 0 SAMPLE - UNREGIS`I'NRtO COVENANT WHEREAS, G3e," J � w L,r an d of Nantucket, Nantucket- County, Massachusetts, is /are, (a) natural nneerson ((s) �a"nd is /&we the Ownor (s) OF the real property situated at 1�UC 1z, '�A,Qv Nantucket, Massachusetts ( "the property ") particularly described in a dt_cd I-P 1-ded with Nantucket County C ter- -A . o'( T i f�l c) . I I S 9 l_' Registry of Deeds, -4(. l��r_ ' , and shown as I "t No. 011 a - {a1.ai��i , i i =fed , f-4 k_'A J C�� .c � 't PI � �, `(S � .- r1 , " rLl t and SZ1 f-- WIIEREAS, the Goni_nq 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 now Section 7-C and further amended for clarifi- cation by Article 12 of the 1984 Annual 'Town Meetinq. WHEREAS, the provisions of Section 7 -C became effective on April. 7, 1981, by virtue of Genera] Laws, Chanter 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 as amended by Section 7 -C l.f. NOW, THEREFORE, in consideration of the :issuance of Building Pornii.t to the undersigned and in complaince with the provisions of Section 7 -C l.f. of the `Lontna Ly -Law of the 'Town of Nantucket, the undersigned hereby covenants and agrees as follows: I . That he /she /they is /ale domiciled or about to 1)ecomC2 domiciled in Nantucket, r,ilt,;sachusetts. 2. The dwelling to he locate(l, on the property will be occupied by the undersigned. 3. Said dwelling 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 lass th.ill rive Ir:; mole the of of an oe`ciipancy po rm i t t �) 1 .;'I I d l\dc' l i I)ti , 6. This Covenant shall. run with the land and shall be hindi.nq upon future owners of the property for the term Hereof. WITNESS our hands and seals this day of JJ�_ 19 NANTUCKET, SS. THE COMMONWEALTH OF MASS11CHUSET'PS <Juiie 3, 1 1 -9 85 . Then personally appeared_ the above named Wen(ly S, an(l 1olul Fowler and acknowledged the fore(joinc et. o ne LIICi r free act and deed, before me My Commission rxp 1 re s : Ufa Commission Pxnires Oclo6cr 21, 1988 CL) cr U _1 LU c C a Cy:) 1 pr� cc tU _ 4 ` W / Q o U rc s Q Y n�0 °° o o o E z Z 4 O u~i W o LU if) t- cc Z z Q co t