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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 ItP