HomeMy WebLinkAbout034-90Form 3_89
TOWN Or NANTUCKET 034 _ q0
BOARD OF APPE -,ALS
NANTUCKET, MASSACHUSETTS 02554
June � I , 19 90
To: Parties in interest and others
concerned with the decision of the
Board of Appeals in Application No. 034- 90
of: MICHAEL R. AND SUSAN S KINNEY
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
BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, MASSACHUSETTS 02551
DECISION:
The BOARD OF APPEALS, ai: a Pill-)] ic hearing held or,
Friday, June 1, 1990 at 1:00 p.m. in the Town and County
Building, Nantucket, made the foilowi_ng r)EC:[SlON upon the
Application of MICHAEL R. and SUSAN S. KINNEY (034 -90), of
9 Equator Drive, Nantucket., HA 0255 -1.
1. Applicants seek a Special Permi-t: under Sect =i_on
139 -27J giving them relief from t.lre buildi.rrg "cap"
residency covenant that they signed on April 11, 19 86
pursuant to Section 1.39 -27F. The property subject to the
covenant is located at 9 Ecluat:or Drive, Assessors Map
0066, Parcel 263, and shown as LoL 69 of Land C;c;rurt. Han
35397 -G as evidenced by Certificate of Title No. 13554 at
the Nantucket Registry District, f'or the knnd Court. The
property is zoned Residential -2.
2. Based upon the Applicat.iorr, support::ing documents
and testimony presented < ►t. t.ire 1>n1,1 is hearing, the hoard
finds that the Applicants pnr•chaseci l.he t,ropr., r t.y c,rr
November 12, 1985 and executed t }re Irr► i ld ing "r,rT >" covenant
in order to obtain a building permi.l On ,%pril 1, 19Yti.
The Covenant is filed as Document No. 35259 ,_r t: said
Registry. A Certificat:.e of Occuparw-y wars is:;ucd Ar►c;ust.
25, 1987.
3. The Applicants are leaving t.lre island for perso ►rat
and financial reasons and are arr >; i ous t.o sol t their home
expeditiously so that they pray move closer to fam:i_Iy
members where they can receive financial assi_st.ance.
Their house has been on lAw market, for• some time and the
Residency Covenant; has proven Lo he a ctc>terrirnt.. `hey are
r
also facing the theat of forec; l ostr r•c, t'r orrr t.ir(a Tani; .
4. Although one abni:ter was prt seal; and spoke against
the relief sought, her reasons for so doing Nrad no nexus
to the relief sought,.
5. The Board finds that the Applicants cluali.fy for•
relief from section 139 -27F as a r•esu I t of po rsonal and
financial hardship. Special. Permit: ref ief l-,y irtuc of
Section 139 -27J is therefore appropriate and in harmony
with the general purpose and i nt,frni. c,f the zon i no; try -law.
5. According to UNANIMOUS VOTI, this Board GRANTS to
the Applicants the requested Spec.in.1 Permit under Sec:.tion
139 -27J releasing them from the terms and provisions of
the above- referenced building "cap" covenant.
DATED: June 2 1, 1990
Nantucket, MA
0255-1
R. Sher",
c a 1 i0 ' -- r
bert/ e i-hter
�42
144-
NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554
May 1y, 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: MICHAEL R. and SUSAN S. KINNEY
Board of Appeals File No. o3V-90
seeking a Special Permit under Section 139 -27J for relief
from an owner - occupied, year -round occupancy covenant they
signed pursuant to Section 139 -27F so that construction of
their single - family dwelling might proceed outside the
building "cap ".
The premises are at 9 Equator Drive, Assessor's Parcel
66 -263, Lot 69 of Land Court Plan 35397 -G, zoned
Residential -2.
r� G
William R. Sherman, Chairman
BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING Date
NANTUCKET, MA 02554
CASE No-05 0-
APPLICATION FOR RELIEF
owner's names) : Michael Kinney and 'Susan Kinney _
Mailing address: Box 2079 Nantucket, MA 02584
Applicant's name: same
Mailing address: same
Location of lot: Assessor's map and parcel number 0066 -263
Street address: 9 Equator Drive
Registry Land Ct Plan, Plan Bk & Pg or Plan FileLCP35397 -G Lot 69
Date lot acquired: 11 13 85 Deed Ref _', 544 _ Zoning district R -2
Uses on lot - commercial: None X or MCD ?_
- number of: dwellings 1 duplex_ apartments_ rental rooms_
Building date(s): all pre -8/72? no or C of 0 ?8 %25/87
Building Permit appl'n. Nos.
Case Nos, all BoA applications, lawsuits: n/a
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 Permit (and 139 -33A
if to alter or extend a nonconfiorming use). If appeal per 139 -3'A
& B _ , attach decision or order appealed. OK to attach addendum .
Applicants seek a Special Permit for relief from the Residency Covenant pursuant to
§139 -27J. Applicants signed the Residency Covenant on April 1, 1986, and are being
forced to move off - island due to a change in personal circumstances.
Items enclosed as part of this Application: orderl addendum2
Locus map X Site plan_ showing present +planned "structures
Floor plans present_ proposed_ elevations _ (HDC approved ?_)
Listings lot area frontage setbacks GCR parking data
Assessor - certified addressee Mist 4 sets X ma'liog labels 2 sets{
1200 fee payable to Town of Nantucket X proof 'cap' covenant_
(If an appeal, ask Town Clerk to senc�ldg Comr's record to BOA.)
I certify that the requested information submitted is substantially
complete and truef o th.e best of my knowledge, under the pains and
penalties of per /.
SIGNATURE: L, f' ��t.r Applicant Attorney /agent
3(If not owner or owner's attorney, enclose proof of authority)
FOR B OFFICE USE G
Application copies reed: 4_ cr_��./ 01 BoA
one copy filed with Town Clerk on_/�by_ complete? L
One copy each to Planning Bd and Building Dept by
$200 fee check given Town Treasurer on q� by C� waived ?_
Hearing notice posted- JLY?6mailed mailed�J— (01 & M1121F
Hearing (s) one_/_ cont' d to_/�_, �_/_ withdrawn ?___/__/ _
Decision due by_/_/_ made�J�_ filed TC_/�_ mailed,_/_
See related cases lawsuits other
/� (11 7 T7 N 1 T N1 T
V7HEPEAS , , j o5,,+N 5- K /i ✓BEY
COVENANT - LAND COURT
and //4�1 f C:�'f -9FC_ % X1 ti/--V G_
of Nantucket, Nantucket County, Massachusetts is /are (a) natural
oerson(s) and is /are the Owner(s) of the real
Nantucket, I.lassachusetts
particularly described in a Certificate of Ti
Book , Page , issued out
District of Nantucket County and shown as Lot
Court Plan No. 3-�;_36176- and
property situated at
( "the property "), more
tle No. 1-,-21 CSy ,
of the Land Registry
No. 1 % on Land
WHEREAS, the Zoninq 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 further amended for
clarification proposed by Article 12 of the 1984 Annual Town Meeting:
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 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. .
NO[%I, THEREFORE, in consideration of the issuance of Building
Permit 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:
2/26/85
Covenant - Land Court
1. That he /she /they is /are domiciled or about to become
domiciled. in Nantucket, Massachusetts.
2. The dwelling to be located on the property will be occupied
by the undersigned.
3. Said dwelling will be used by the undersigned as a year -
round residence.
n. Said dwe.11inq will not be offered for seasonal rental.
5. 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.
6. This Covenant shall run with the land and shall be bindinq
upon future owners of the property for the term hereof.
WITNESS our hands and seals this day of
i
THE COMMONWEALTH OF MASSACHUSETTS
NANTUCKET, SS. 19ZG
Then personally appeared the above named '�� -�.. �" - , �' �� V4-
and acknowledged the foregoing instrument to be free act and
deed, before me
Ply Commission Expires:
5r.
2/26/85