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Home My WebLink About003-90i e7>C-) - Form 3 -89 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 January 19 , 19 90 To: Parties in interest and others concerned.with the decision of the Board of Appeals in Application No. _00a- -q_Q_ of: John D. and Judith Ann Clarkson 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. Willi m R. Sherman, Chairman cc: Town Clerk Planning Board Building Commissioner TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: January 19, f 19 90 CERTIFICATE OF GRANTING OF VARIANCE AND /OR SPECIAL PERMIT (Massachusetts General Laws, Chapter 40A, Section 11) The BOARD OF APPEALS of the Town of Nantucket hereby certifies that a x'-- -- 7T- Special Permit has been granted.: To: JOHN D. and JUDITH ANN CLARKSON (Owner /Applicant) Address • 15 MIACOMET AVENUE , NANTUCKET, MA 02554 affecting the rights of the Owner /Applicant with respect to land or buildings a t 15 MIACOMET AVENUE, ASSESSOR'S PARCEL 67 -213 LOT 6 at PLAN BOOK 17, PAGE 130 Deed Reference And the BOARD OF APPEALS further certifies that the attached Decisio is a true and correct copy of its Decision granting the Special Permit and that copies of the Decision and of all plans referred in the Decision have been filed with the Planning Board and the Town Cler The BOARD OF APPEALS calls to the attention of the Owner /Applican� that General Laws, Chapter 40A, Section 11 (last paragraph) provides that no Variance and /or Special Permit, or any extension, modification or renewal thereof, shall take effect until (a) a copy of the Decision is certified by the Town Clerk that twenty days have elapsed after the Decision has been filed in the office of the Town Clerk and no appeal :gas been filed (or, if such appeal has been filed, that it has been dismissed or denied) and (b) the certified copy is recorded in the Registry of Deed for the County of Nantucket and indexed in the grantor index under the name of the Owner of Record or is recorded and noted on the Owner's Certificate of Title. The fee for suer reco_r -ling or registering shall be paid by the Owner /Applicant. Chairman Clerk i Om 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 John D. and Judith Ann Clarkson, both of Nantucket, MA 02554. 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 15 Miacomet Avenue, Assessor's Parcel 67 -213, Lot 6 at Plan Book 17, Page 130. The Zoning District is Residential Commercial 2. 2. Based upon the application, supporting documents and testimony presented at the public hearing, the Board finds that the Applicants acquired the property in 1981 and executed a residency covenant on May 30, 1983, which is filed in the Nantucket Registry of Deeds at Book 207, Page 195. The Applicants began construction of the dwelling, divorced and neither is in a financial position to complete the work. A certificate of Occupancy has not been issued. For financial reasons the Applicants wish to sell their house expeditiously. Currently the property is under an Agree- ment for sale with a closing contingent upon the Board granting relief from the Covenant. Applicants have had the property on the market for approximately one year and fear that they will not quickly find a Buyer willingly 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, this Board grants to Applicants the requested Special Permit and Section 139 -27J relieving them from the terms and pro isions of the Covenant. Dated: January 19 , 1990 jJ1Att0LV,j U J4 455� C kl� LAW OFFICES HOLMES, HAYS & FITZGERALD 35 CENTER STREET NANTUCKET, MASS. 02554 WAYNE F. HOLMES WILLIAM H. HAYS III JULIE A. FITZGERALD December 21, 1989 Mr. William Sherman, Chairman Board of Appeals Chestnut Street Nantucket, MA 02554 RE: Aplication of John D. and Judith Ann Clarkson No. 003 -90 Dear Mr. Sherman: AREA CODE 617 229-0052 Enclosed please find a proposed Decision regarding the above matter. The parties have a Purchase and Sale Agreement subject to Board of Appeals relief and, if relief is granted, I request that a Decision be signed and filed as quickly as possible to start the appeal process running. Very truly yours, J id Fi= er Cld/ JAF /sdb Enclosure cc: Kevin F. Dale, Esq. Judith A. Clarkson Rhoda H. Weinman, Esq. C 7 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 John D. and Judith Ann Clarkson, both of Nantucket, MA 02554. 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 15 Miacomet Avenue, Assessor's Parcel 67 -213, Lot 6 at Plan Book 17, Page 130. The Zoning District is Residential Commercial 2. 2. Based upon the application, supporting documents and testimony presented at the public hearing, the Board finds that the Applicants acquired the property in 1981 and executed a residency covenant on May 30, 1983, which is filed in the Nantucket Registry of Deeds at Book 207, Page 195. The Applicants began construction of the dwelling, divorced and neither is in a financial position to complete the work. A certificate of Occupancy has not been issued. For financial reasons the Applicants wish to sell their house expeditiously. Currently the property is under an Agree- ment for sale with a closing contingent upon the Board granting relief from the Covenant. Applicants have had the property on the market for approximately one year and fear that they will not quickly find a Buyer willingly 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, this Board grants to Applicants the requested Special Permit under Section 139 -271 relieving them from the terms Dated: January f`2 , 1990 I& /it f_/f // NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 December 18, 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, Federal and Broad Streets, Nantucket, on the Application of: JOHN D. and JUDITH ANN CLARKSON Board of Appeals File No. 003 -90 seeking release by Special Permit under Section 139 -27J from the building 'cap' covenant they signed pursuant to Section 139 -27F to construct their single- family dwelling for which a Certificate of Occupancy has not been granted. If released, their financial hardship arising from the year -round occupancy covenant will be relieved by completing a court - ordered sale to a seasonal user. The premises are at 15 Miacomet Avenue, Assessor's Parcel 67 -213, Lot 6 on Page 130 of Plan Book 17, zoned Residential- Commercial 2. C G -s.... William R. Sherman, Chairman BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 CASE No.� APPLICATION FOR RELIEF Owner's name(s): John D. Clarkson and Judith Ann clarkgnn Mailing address: c/o Crooked Lane, Nantucket, Massachusetts 02554 Applicant's name: John D. Clarkson and Judith Ann Clarkson Mailing address: Same Location of lot: Assessor's map and parcel number 67 - Street address: 15 Miacomet Avenue 213 R�ffiixCX$X�i Plan Bk & Pg Bk 17, Pg130 Lot 6 Date lot acquired: X24/74 Deed Ref 218, 35 Zoning district RC Uses on lot - commercial: None X or MCD? - number of: dwellings 1 duplex_ apartments_ rental rooms_ Building date(s): all pre -8/72? _ or March, 1984 C of O? NO Building Permit appl'n. Nos. 3361 -84 Case Nos. all BoA applications, lawsuits: 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 X if a Special Pe unit (and 139 -33A if to alter or extend a nonconforming use). If appeal per 139 -3AA & B _ , attach decision or order appealed. OK to attach addendum-. i SEE ATTACHED ADDENDUM Items enclosed as part of this Application: orderl addendum2 Locus map_ Site plan_ showing present +planned structures Floor plans present_ proposed_ elevations (HDC approved ?_) Listings lot area frontage setbacks_ GCR parking data Assessor - certified addressee list 4 sets ma�l>ng labels 2 sets_ $200 fee payable to Town of Nantucket proof 'cap' covenant (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 o the best of my knowledge, under the pains and penalties of per] ,, / SIGNATURE: / �'� Applicant Attorney /agent XXX_ Kevin Dale, Attorney for John D: Clarkson 3(If not owner or owner's attorney, enclose proof of authority) FOR BoA OFFICE USE � Application copies recd: 4 ----'or for BoA on_� J (/by One copy filed with Town Clerk on�� by ( complete? One copy each to Planning Bd and Building DeptA/-W by�� $200 fee check given Town Treasurer on/Z_/jf70 by(_ waived ?_ n t� �� Hearing notice poste e& / mailed�� I & M� -� % 11�G(I• A,(�(n k Hearing(s) one_/_ cont'd to_/_/_, �� withdrawn ?�_/_ JO/), ) Il'�II�1 Decision due by_/_/_ madeJ��_ filed TC__/_/_ mailed —j_ See related cases lawsuits other ADDENDUM John D. Clarkson and Judith Ann Clarkson The applicant seeks a Special Permit under Section 139 -271 from the covenant signed pursuant to Section 139 -27F of the Nantucket Zoning Code (Building Cap Covenant) on May 30, 1983 and recorded in Book 207, Page 195 at the Nantucket Registry of Deeds, a copy of which is annexed hereto. The applicants began construction of the dwelling and have subsequently divorced. The dwelling has not been completed and therefore no Certificate of Occupancy has been issued by the Building Inspector. As part of the divorce decree, the Nantucket Probate Court has ordered the sale of the dwelling. The Applicants have a signed Purchase and Sale Agreement with a person who wishes to make the dwelling a vacation home. The Applicants have waited a long time for this purchaser of the dwelling. Neither Applicant is in a position to buy out the other. Due to these financial hardships, the Applicants seek relief from the terms of the Covenant. 8 . ar "aooK 20'7 rArE 195 COVENANT WHEREAS, Jo hN � • CI�k$oN and �' both of Nantucket, Nantucket County, Massachusetts are the owners of the . real property situated ate; M 4014 Nantucket, Massachusetts ( "the property "), more particularly described In a Certificate of Title No. , Bookooigq , Page 350 , issued obt of the Land Registry District of Nantucket County and shown as Lot f' No.OQb on Land Court Plan No. i� ; and 13D WHEREAS, the Zoning By -Law of the Town of Nantucket was nmended by adoption of Article 13 of the Warrant for the 1981 Annual Town Meeting to include a new Section 7 -C; and 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 CovAnant 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 1-f- NOW, THEREFORE, in consideration of the issuance of Building Permit No. 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: 1. The dwelling to be located on the property will be occupied by the undersigned. 2. 'Said dwelling will be used by the undersigned as i a year -round residenoe. x I. .s 1 a ��- `l ` 0 � ..� )` ^� ^ '| �^ � ' � 7n1,297, 5Gt�� ` 3. Said dwelling will 6nt be offered for seasonal rental. | 4. This Covenant shaillremain in full rvro and erruot for u vcrivu of not lono than zzvr x="r" from the date or iuouunvc of an occupancy Permit � . . for said dwelling. 5. This Covenant uhull(run with the land and \ � shall be xtnuinn upon future pxurro or the Property fur the term »e''ol'. | wzzm000 our xunuu and ovxzo this 34) day of !| ` THE COMMONWEALTH OF MASSACHUSETTS *�~%m^- �� 1983 | NANTUCKET, S3. Then personally avp="""" the above ~ '~~-- � and acknowledged the foregoing instrument to be free act and ' ` ' deed, before me ' -- <'� � otury / ' my Commission Expires: ` ^ ' | NANTUCKET COUNTY ' Rocm|vedmnd Entered ` | | . DEC 0 1 1983 f3» ' � Attest ~� ^' nvo/smr � | | . ' ' ' / . | } | ' . EDWARD FOLEY VAUGHAN KEVIN F DALE MELISSA D. PHILBRICK RACHEL C. HOBART VAUGHAN, DALE AND PHILBRICK ATTORNEYS AT LAW WHALER'S LANE NANTUCKET, MASS 02534 TE0508) 228 -4453 FAX:(308) 228 -3070 December 15, 1989 HAND DELIVERY Mr. William Sherman, Chairman Nantucket Board of Appeals Chestnut Street Nantucket, Massachusetts 02554 RE: John and Judith Clarkson Application for Special Permit Dear Chairman Sherman: Enclosed herewith for filing are an application for Special Permit, abutters list, two (2) sets mailing labels, and locus map. Please schedule the hearing in this matter for the January 19, 1990 hearing. Please call if you have any questions or concerns. Sincerely, KFD /bar Enc. cc: Nantucket Planning Boar Nantucket Building Ins ctor Nantucket Town Clerk Julie A. Fitzgerald, Esquire Rhoda H. Weinman, Esquire Mr. John D. Clarkson �i cn N M N rn � Y V m J a3 � jwo Z a <Jg W www Jz Qp =� �a3a Z Z Q CD n Q C0 cr a J IL LD l O .a rm O O ru ru 1 Ln 0 O -� O SW } 0 rm 1� 0cr — ' LL a�o v t r rrli� ..� !i O 0 O W SW } 0 O 0cr — ' LL a�o BOA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 CASE No. - APPLICATION FOR RELIEF Owner's name(s): John D Clarkson and Judith Ann Clarkson - Mailing address' c/o Crooked Lane, Nantucket, Massachusetts 02554 Applicant's name: John D. Clarkson and Judith Ann Clarkson Mailing address: Same Location of lot: Assessor's map and parcel number 67 - 213 Street address: 15 Miacomet Avenue R6)4 $K-yyXXM y,atX t 4 Plan Bk & Pg 8,X-X1=X X >n%b Bk 17, Pgl30 Lot 6 Date lot acquired: �2A/74 Deed Ref 218, 35 Zoning district RC_ Uses on lot - commercial: None X or _ MCD ?_ - number of: dwellings 1 duplex_ apartments_ rental rooms_ Building date(s): all pre -8/72? _ or March, 1984 C of O? NO Building Permit appl'n. Nos. 3361 -84 _ Case Nos. all BOA applications, lawsuits: State fully all zoning relief sought and respective Code sections to and subsections, specifically what you propose compared er present and what grounds you urge for BOA to make each finding per Section 139 -32A if Variance, 139 -30A X 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 orderl appealed. OK to attach addendum SEE ATTACHED ADDENDUM Items enclosed as part of this Application: orderl addendum2 Locus map_ Site plan_ showing present +planned structures Floor plans present proposed_ elevations (HDC approved?_) Listings lot area frontage setbacks_ GCR parking data Assessor- certifieU addressee list 4 sets mailing labels 2 sets_ 5200 fee payable to Town of Nantucket proof 'cap' covenant 1(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 o the best of my knowledge, under the pains and penalties of perj SIGNATURE: w °L' A plicant Attorney /agent XXX. Kevin Dale, Attorney for John D. Clarkson 3(If not owner or owner's attorney, enclose proof of authority) FOR BOA OFFICE USE Application copies reed: 4_ or for BOA on_ /_/_-_, by ___ One copy filed with Town Clerk on__/_J_ by complete ?_ One copy each to Planning Bd and Building Dept_J__/_ by $200 fee check given Town Treasurer on___J__/_ by waived ?_ Hearing notice posted_/_ mailed_/_/_ I & M--I—J_, --J--I- Hearing(s) on_/__/_ cont'd tom _/_, _/__I_ withdrawn ?__/__/_ Decision due by_/__J_ made---, /_J_ filed TC__j__J_ mailed_/_ See related cases lawsuits other __ t t 1�ti T T1TIT.'AT1-1TT1%A John D. Clarkson and Judith Ann Clarkson The applicant seeks a Special Permit under Section 139 -27J from the covenant signed pursuant to Section 139 -27F of the Nantucket Zoning Code (Building Cap Covenant) on May 30, 1983 and recorded in Book 207, Page 195 at the Nantucket Registry of Deeds, a copy of which is annexed hereto. The applicants began construction of the dwelling and have subsequently divorced. The dwelling has not been completed and therefore no Certificate of Occupancy has been issued by the Building Inspector. As part of the divorce decree, the Nantucket Probate Court has ordered the sale of the dwelling. The Applicants have a signed Purchase and Sale Agreement with a person who wishes to make the dwelling a vacation home. The Applicants have waited a long time for this purchaser of the dwelling. Neither Applicant is in a position to buy out the other. Due to these financial hardships, the Applicants seek relief from the terms of the Covenant. r r 1 c s 1 "aooK 20T rAr9 --})'''' /� COVENANT .1, WHEREAS, — o hN �. CIkAs0M and =. : ` `,ts�rl, both of Nantucket, Nantucket County, Massachusetts are the owners of the real property situated ate; MNj�((jrz , Nantucket, Massachusetts ( "the property "), more particularly described ill a Certificate of Title No. , Book001y4 , Page 330 , issued out of the Land Registry District of Nantucket County and shown as Lot c• No.606 on Land Court Plan No. 11 and 130 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 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 wit:' 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 1.f. NOW, THEREFORE, in consideration of the issuance of Building Permit No. 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: 1. The dwelling to be located on the property will be occupied by the undersigned. 2. 'Said dwelling will be used by the undersigned as a year -round residence. d4 is y� } 1 t'. 6.j 1 'P d is • i s+ i; i I ya. s J� 3. Said dwelling will riot ho offered for seasonal rental. 4. 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. 5. This Covenant shall run with the land and MA shall be bl.nding upon future pwners of the property fur the term hereof'. and seals this 3t) ay of A WITNESS our hands d 1983. THE COMMONWEALTH OF MASSACHUSZTTS NANTUCKET, S3. No 198$ Then personally appeared the above named and acknowledged the foregoing instrument to be free act and deed, before me ......... Notary FV My Commission Expires: :4 0'. NANTUCKET COUNTY Received and Entered DEC 0 11983 f Attest -IN101t C noolsior