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HomeMy WebLinkAbout001-90Form 3 -89 TOWN OF NANTUCKET en�fl / q© BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 19 90 To: Parties in interest and others concerned with the decision of the Board of Appeals in Application No.4�Q/ -_IZp 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 twenty (20) days after this day's 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. r Willi dm R. Sherman, Chairman cc: Town Clerk Planning Board Building Commissioner BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MA DECISION: The Board of Appeals, at a public hearing held on Friday, January 19, 1990 at 1:00 P.M. in the Town and County Building, Nantucket, made the following DECISION upon the Application of MORGAN J. AND SARAH L. LEVINE tucket, MA 02554. (001 -90) of 90 Polpis Road, Nan- 1. Applicants seek a Special Permit under zoning by -law Section 139 -27J to be relieved from their Section 139 -27F "build- ing cap" covenant. The covenant applies to the property located at 90 Polpis Road, Assessor's Parcel 44- 025.2, Lot 8 at PLan Book 19, Page 77. The zoning District is LUG 1. 2. Based upon the application, supporting documents and testimony presented at the public hearing, the Board finds that the Applicants purchased the property in 1981 and executed a residency covenant on June 20, 1983, which is filed in the Nantucket Registry of deeds at Book 201, Page 316. A Certificate of Occupancy was issued by the Town of Nantucket dated October 16, 1986. The applicants have left the Island for personal and medical reasons and wish to sell their house expeditiously. Applicants have had the property on the market for approximately one year and fear that they will not quickly find a Buyer willing to pay a reasonable price for the house burdened by the covenant. 3. Applicants qualify for relief from Paragraph 139 -27F by a finding of personal hardship required by Section 139 -27J. Special permit relief here would be in harmony with the general purpose and intent of the zoning by -law. 4. Accordingly by Unanimous vote,Ithis Board Applicants the requested Special Permit under Section! lieving them from the terms an- grants to 139 =271 re- NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 December 181 1989 NOTICE A public hearing of the Board of Appeals will be held on Friday, January 19, 1989, at 1:00 p.m. in the Town and County Building, Nantucket, on the Application of: MORGAN J. and SARAH L. LEVINE Board of Appeals File No. 0o1-.q0 seeking a Special Permit under Section 139 -27J for relief from the Section 139 -27F building 'cap' covenant they executed 6/20/83 for their home, for which a Certificate of Occupancy was issued 10/16/86. Medical reasons are cited. The premises are at 90 Polpis Road, Assessor's Parcel 44- 025.2, Lot 8 of Plan Book 19 at Page 77, and zoned Limited Use General -3. William R. Sherman, Chairman BOA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, NA 02554 l � CABS No �Q - APPLICATION FOR RELIEP Owner's name(s): Morcan J and Sarah r T- ;-Mailing address: 85 Grove StrU t. Apt 3 wAl, ipg, mh 0218] Applicant's name: same Mailing address: samo Location of lot: Assessor's map and parcel number 44 - 025.2 Street address: _90 Fel:lis Rene Registry Land Ct Plan, Plan Bk & Pg or Plan File 19/77 Lot 8 Date lot acquired:l _/__�/ 81 Deed Ref180, 58 Zoning district LUGI_ Uses on lot - commercial: None x or MCD? - number of: dwellings= duplex_ apartments_ rental rooms_ Building date(s): all pre -8/72? _ or Building Permit appl'n. Nos.2921 -83 7/14/83 Case Nos. all BOA applications, lawsuits: none C of O? 10/16/86 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 ;; if a Special Permit (and 139 -33A if to alter or extend a nonconforming use). If appeal per 139 -3�A & B _ attach decision or order appealed. OK to attach addendum . Applicants see'; special permit relief pursuant to Section -P -30A from a Covenant uated June 20, 1983. The Applicants received. a Certificate of Occupancg on 10/16/86. Due to certain meCical conditions of the Applicants, they have moved to the :'o__ton area to be closer to health care facilities. The Applicants sire to sell their hcme and strict conformance with the Covenant :could impose an unrcasonalDle ,)ersonal and financial hardship on the Applicants. Also see Code Section 139 -16 E (3). Items enclosed as part of this Application: orderl addendum2 Locus map_ Site plan showing present +plannd structures Floor plans present proposed elevations (HDC aapproved ?_) Listings lot area frontage setbacks_ GCR parking data Assessor- certifie3 addressee Ii.st 4 sets mail labels 2 sets_ $200 fee payable to Town of Nantucket proof 'cap' covenant l(If an appeal, ask Town Clerk to sena- Bldg Comr 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 of perjury. SIGNATURE: 1 Applicant _ Attorney /aVent 6 3(If note ner or owner's attorney, enclose proof of authority) FOR Bob OFFICE USE �, Application copies reed: 4_ or for BOA on �Lr�- / by� One copy filed with Town Clerk on�L/Ji Oby complete? One copy each to Planning Bd and Building Dept_g767elby� $200 fee check given Town Treasurer of 2i �/ by waived ?_ Hearing notice post eq��-/I�Bmailed -/-z-1 -WI & M -&y✓d' Hearing(s) on__J__J_ cont'd to_/_/_, —J—/— withdrawn ? _/___ /_ Decision due bye_/_ made___/_ filed TC_/ _J_ mailed _j__/_ See related cases lawsuits other i• $15.00 C_�� C ' O fee $25.00 UCi + s �+ Cerfaf is 1 r ©f OC UPZR 7 Ji]O. 2921 -86 This certifies that the....... ,Structure 90 .... ...................... located at No.................. Street ... PoXp.1S. Road ............. Zone....... L, ... 1 conforms substantially to the approved lot plan and detailed statements for which Building Permit No ............. 2921- 83.... , , , , , was issued , , , , , , ... . July. 14 , 19 83 Nantucket This certificate therefore is issued to ...............M9xgan J. and Sarah L; to occupy or Levine use said premises or building or part thereof for the following purpose ...... 4W_; 1#9 ................. . ................................................... ............................... .................................................. ............................... ..................................................... ............................... subject to and in accordance with all the provisions of the Zoning By -Law of the Town of Nantucket. Dated........... ,October, 16 i' ldin nspector. LAW OFFICES HOLMES, HAYS & FITZGERALD 35 CENTER STREET NANTUCKET, MASS. 02554 WAYNE F HOLMES WILLIAM H. HAYS III JULIE A. FITZGERALD AREA CODE 617 226-0052 December 7, 1989 Mr. William Sherman, Chairman Board of Appeals Town and County Building Nantucket, MA 02554 RE: Applicant /Owner: Morgan J. Levine et ux Property: 60 Polpis Road Dear Mr. Sherman: Before filing the notice in the above matter would you kindly correct the code reference in the Application from Section 139 -16E (3) to Section 139 -27 F and J. Thank you. JAF /mc CC: Mrs. Joanne M. Holdgate Town Clerk Very truly yours, Julie A. Fitzgerald rl� ff-/ 1A110 I- - / LAW OFFICES HOLMES, HAYS & FITZGERALD 35 CENTER STREET NANTUCKET, MASS. 02554 WAYNE F. HOLMES WILLIAM H. HAYS III JULIE A. FITZGERALD December 6, 1989 Mr. William Sherman, Chairman Board of Appeals Town & County Building Nantucket, MA 02554 RE: Applicant /Owner: Morgan J. & Sarah L. Levine Property: 90 Polpis Road 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. Two (2) sets of mailing labels; 4. Four (4) copies of the Covenant; 5. Four (4) copies of the Certificate of Occupancy; 6. Four (4) copies of the Assessor's Map. 7. Check in the amount of $200.00 to cover the filing fee. Please schedule this matter for the next available hearing date. Very truly yours, JAF /sdb Enclosure cc: Mrs. Joanne M. Holdgate, Town Clerk Mr. and Mrs. Morgan Levine AREA CODE 617 226 0052 BOA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 - APPLICATZON FOR RELIEF CASE No. Owner's name(s): Morgan J and Sarah r rP ; P Mailing address: 85 Grove Street. Ant -_3 wP1iPCiPy MA 02181 Applicant's name: same Mailing address: same Location of lot: Assessor's map and parcel number 44_- _025.2 Street address: - PE1-Fe a #e F+cae2 Registry Land Ct Plan, Plan Bk & Pg or Plan File 19/77 Lot 8 Date lot acquired:l-_-/_�J 81 Deed Ref180, 58 Zoning district LDGT s Uses on lot - commercial: None x or MCD? - number of: dwellings_ duplex_ apartments_ rental rooms_ Building date(s): all pre -8/72? _ or C of 0?10J16/86 Building Permit appl'n. Nos.2921 -83 7/14/83 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 r. if a Special Permit (and 139 -33A if to alter or extend a nonconforming use). If appeal per 139 -33A 1 B _ attach decision or order appealed. OK to attach addendum . r Applicants see'; special permit relief pursuant to Section 30A from a Covenant dated June 20, 1983. The Applicants received a Certificate of Occupancg on 10/1_6/86. Due to certain mecicl conditions of the Applicants, they have moved to the :.oeton area to to closer to health care facilities. The Applicants sire to sell t`ieir }u;rc and strict conformance with the Covenant ::oulC, impose an unreasonable _personal and Einanci --1 hardship on the Applicants. Also see Code Section 139 -15 E (3). Items enclosed as part of this Application: orderl addendum2 Locus map_ Site plan showing present +planed structures Floor plans present proposed elevations (HDC aapproved ?_) Listings lot area frontage setbacks_ GCR parking data_ Agssessor - certified addressee fist 4 sets ma4*ling labels 2 sets_ 1200 fee payable to Town of Nantucket proof, 'cap' covenant (If an appeal, ask Town Clerk to send Bldg Comr ss 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 of perjury. l SIGNATURE: kj Applicant _ Attorney /agent 3 (If not owner or owner's attorney, enclose proof of authority) FOR BOA OFFICE USE Application copies rec d: 4_ or_ for BOA on_ /__/_ by One copy filed with Town Clerk on_ /_/_ by complete ?_ One copy each to Planning Bd and Building Dept_J _J_ by $200 fee check given Town Treasurer on_ /_/_ by waived? 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