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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