HomeMy WebLinkAbout033-90Form 3 -89
TOWN OF NANTUCKET e a.3, _
130A RD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
June cql , 19 90
To: Parties in interest and others
concerned with the decision of the
Board of Appeals in Application No. 033- 90
of: JEFFREY TONER
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.
William R. Sherman, Chairman
cc: Town Clerk
Planning Board
Building Commissioner
I I
BOARD OF APPF.Af,S
TOWN OF NANTIJCK "T
NANTUCKET, MASSACHUSETTS 02554
DECISION:
The BOARD OF APPEALS, at: a public hearing held on
Friday, June 1, 1990 at 1 :30 p.m. in t:.he Town and County
Building, Nantucket, MA made the following DECISION upon
the Application of JEFFREY W. TONHR (033 -90), of• 35
Flintlock Road, Nantucket., MA 0255 -1.
1. Applicant seeks a Special. Permit:. guider Section
139 -27J giving relief from the buildirr: "cap" residency
covenant that he signed on May -1, 1983 pursuant to Section
139 -27F. The property subject to the coven 'ant is local:ed
at 35 Fl- intlock Road, Assessors Map 0075, Parcel 082, and
shown as Lot 630 of Plan File 5001 -27 as evidenced by
Certificate of Title No. 101.55 at. t;he Nani:.ucket, Registry
District for the Land Court. The property is zoned
Limited Use General 3.
2. Based upon the Application, supporting docttrncrnts
and testimony presented at the public }rearing, the Board
finds that the Applicant ptrr:•chased the pro3::,ert:y on Jrrly 2,
1982 and executed the. buildi.rtg "cap" coverr�tnt in order• t()
obtain a building permit on May -1, 1983. The Covenant. is
filed as Document. No. 27062 at said ItcgisI ry. A
Certificate of Occupancy was i.sstted ort May 29, 1990.
3. The property has beeii on the trtrar•l.et for over two
(2) years. There is a Purchase h Sale Agree =ment. pen'l i n;
contingent on the Release o f• the I-"es i-dency Covenant.
4. The Applicant is forced t.o sell the premises in
accordance with a Divorce Decree il:rted August 12, 1987.
5. The Board finds that, t=he _1pl >licarrt: gual.ifies for
relief from sect- ion 139 -27F as rt r e ,ttl t of this t,(.. ,rSOI-) al
hardship and the pending Court Order. Spec ial Pe r ill i.l.
relief by virtue of Section 139 -27J is therefore
appropriate and in harmony wi t.h Lite eneraJ ptrrl-)ose and
intent of the zoning ley -law.
6. According to UNANIMOUS VOTE, this Board GRANTS to
the Applicant the requested Special PermiI. under Sect -ion
139 -27J releasing him from the term artd of t -he
above - referenced bui l dim "cal," c .)%,errant:.
DATED: Junea.j, 1990
Nantucket, MA 0255 -1
1i' -ill i:rrn R. Shermran
g4,
Dale W. Waine
L i. i i cl a F W i I I i sins
I is I- Mara
Z I-) o. r I-, J Leichter
NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554
May /T , 1990
NOTICE
A public hearing of the Board of Appeals will be held
on Friday, June 1, 1990, at 1:00 p.m. in the Town and
County Building, Federal and Broad Streets, Nantucket,
on the Application of: JEFFREY W. TONER
Board of Appeals File No. 033 -90
seeking a Special Permit under Section 139 -27J to obtain
relief from an owner - occupied, year -round residency
covenant signed pursuant to Section 139 -27F which allowed
a waiver of the building "cap" otherwise applicable to
construction of his single - family dwelling. Sale of the
property is said to be required by a court decree.
The premises are at 35 Flintlock Road, Assessor's Parcel
75 -082, Lot 630 of Plan File 5004 -27, zoned Limited Use
General 3.
Willi m R. Shierman, Chairman
B(-)A 1, or: m 18c) NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING
NANTUCKET, hiA 02554
AIIPLICATIO14 FOR RELIEF
Owner's name(s): Jeffrey W. Toner
Mailing address: 35 rl;njlnck Road
Applicant's name
Mailing address:
same
Data_
CASE No. .
Location of lot: Assessor's map and parcel number 75 -082
Street address: 35 Flintlock Road _
Registry Land Ct Plan, Plan Bk & Pg or Plan File 5004 -27 Lot_ 630
Date lot acquired: _L/_�j 82 Deed Ref 10,,155 Zoning district _:_JG3
Uses on lot - commercial: None X or MCI: "r
- number of: dwellings 1 duplex__ apartments_ rental roors ----- _
Building date(s) : all pre -8/72? no or _ C of CT_
Building Permit appl'n. Nos.
Case. Nos. all BoA applications, lawsuits: n/a
State fully all zoning relief sought and respective Code sectio:,:s
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 Permit (and 139 -331•.
if to alter or extend a nonconfiorming use). If appeal per 139 -31i;
& B attach decision or order appealed. OI: to attach addendum
Applicant: seeks a Special Permit for relief from the Residency
Covenant pursuant to Section 139 -27J. Applicant signed the Residency
Covenant on May 4, 1983 and is forced to sell the property in
accordance with a Divorce Decree dated August 12, 1987.
Items enclosed as part of this Application: orderl addendum2
Locus map_ _X Site plan_ -_ showing present +planned structures
Floor plans present_ proposed_ elevations _ (HDC approves ?_)
Listings lot area frontage setbacks GCR parking data
Assessor- certified addressee list 4 sets_g ma�ling labels 2 setsg
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 txue�:to the best of my knowledge, under the pains and
penalties of .perjury.
i, �
SIGNATURE: ,.- ,' /,',' C , <_---------- Applicant Attorney /agent,
3(lf not owner or owner's attorney, enclose proof of authority)
FOR Bo OFFICE USE / c
Application copies reed: 4_ or f r BoA on ,_(�/i /- F/by UW-
one copy filed with Town Clerk on
_J ^—(/ by complete�i ?C.J
One copy each to Planning Bd and Building De(ptx& —% by C A6
$200 fee check given Town Treasurer on /� /J (� b waives-,
Hearing notice posted SIT mailed =!(� I & ld_/�S0,
Hearing(s) on_ _/__/, cont' d to__/__/_, �_/_ withdrawn ?_,/. ____/_
Decision due by_/_/_ madeJi�_ filed TC_��_ mailed--J---/
See related cases lawsuits otI.r
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