HomeMy WebLinkAbout059-90TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: September ,
19 90
To: Parties in Interest and Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following: _
Application-No.: 0;5- 90
Owner/Applicant: LP_
Enclosed is the Decision of the BOARD OF APPEALS which has
this day been filed in the office of 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 an 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.
cc: Town Clerk
Planning Board
Building Commissioner
lliams,_ Chairman
Board of Appeals
Town of Nantucket
:1i3I1LackeL, la.A 02554
Decision:
The Board of Appeals, at a public hearing held on Friday,
September 14, 1990 at 1:00 P.M. in the Town and County Building,
Nantucket made the following Decision upon the Application of Lewis
W. and Dorothy A. Williams (059 -90).-
1. Applicant seeks relief by Special Permit under Section
139 -27J, from a residency covenant. Only a portion of Applicants'
property is proposed to be released from the covenant. Their
dwelling shall remain subject to the covenant. The property owned
by the Applicants is Lot 5, Plan Book 16, Page 54, Book 272, Page
10, Assessor's Parcel 54 -025, 57 Polpis Road, and is zoned LUG I.
2. Based upon a review of the Application, supporting
documents, plans and testimony, the Board find's that the
Applicants executed a covenant on July 28, 19834F constructed a
house and obtained a certificate of occupancy in May 1, 1990.
3. Applicants propose to sell a portion, of their lot,
approximately 20,,300 square feet, to be merged with abutting
property. The covenant will remain in full force and effect on
Applicants' remaining land and dwelling.
4. The Planning Board made a favorable recommendation.
5. , The Board finds that the Applicants have complied with the
spirit and intent of the By -law by having occupied the property as
their residence since 1983. The covenant will remain in effect on
the Applicants' remaining property. Strict conformance with said
covenant would impose an unreasonable personal and financial
hardship on the owners.
6. For the reasons set forth herein, the Board by unanimous
vote, hereby Grants the Applicants the requested relief pursuant
to Section 139s 27J by special permit, tM CR Cc---M, (��. "'14
Date: September 14, 1990
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
NOTICE
A Public Hearing of the ZONING BOARD OF APPEALS will be held
on FRIDAY, SEPTEMBER 14, 1990 at 1:00 P.M. in the Town and County
Building, Federal and Broad Streets, Nantucket, on the Application of:
LEWIS W. AND DOROTHY A. WILLIAMS
Board of Appeals File No. 059 -90
Applicant seeks relief by SPECIAL PERMIT under SECTION 139 -27J, from
a residency covenant executed July 28, 1983 and activated upon their,
receiving of the Certificate of Occupancy on May 1, 1990. The request
is for release of a vacant portion of the property, approximately
20,300 SF, which will be merged with an abutting parcel. The remainder
of the property, including the existing residence, is not included
in the request and would remain subject to the covenant, which wiil
expire May 1, 1995.
The premises are located at 57 POLPIS ROAD, Assessor's Map 54, Parcel
25, as shown in Plan Book 16, Page 54, as Lot 5, in the Nantucket
Registry of Deeds. The property is zoned LIMITED USE GENERAL -1.
Linda F. Williams, Chairman
BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS 8/24/90
TOWN AND COUNTY BUILDING Date
NANTUCKET, MA 02554 Q
CASE No U� -
APPLICATION FOR RELIEF
Owner's name(s): Lewis W and Dorothy A W;11i
Mailing address: 57 Polpis Road, Nantucket, MA
Applicant's name: same
Mailing address: same
Location of lot: Assessor's map and parcel number 54 -025
Street address: 57 Polpis Road
Registry Land Ct Plan, Plan Bk & Pg or Plan File 16/54 Lot 5
Date lot acquired: __I__j 81 Deed Ref 272, 10 Zoning district LUG1
Uses on lot - commercial: None x or MCD ?_
- number of: dwellings_ duplex_ apartments_ rental rooms_
Building date(s): all pre -8/72? orPermit 1983 C of 0?5 1/90
Building Permit appl'n. Nos. 2928 -81
Case Nos. all BoA applications, lawsuits: None
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 nonconforming use). If appeal per 139 -3 A
& B _ , attach decision or order appealed. OK to attach addendum .
See Addendum attached hereto
Items enclosed as part of this Application: orderl addendum2
Locus map x Site plan x showing present x +planned structures
Floor plans present_ proposed_ elevations (HDC approved ?_)
Listings lot area frontage setbacks GCR parking data
Assessor - certified addressee Iist 4 sets x mailing labels 2 sets x
200 fee payable to Town of Nantucket x proof 'cap' covenant x
(If an appeal, ask Town Clerk to send Bldg Comr record to BoA.)
I certify that the requested information submitted is substantially
complete and true to the best of my knowledge, under the pains and
penalties of perjury.
SIGNATURE4oneror Applicant Attorney /agent x
3(If not owner's attorney, enclose proof of authority)
FOR BoA OFFICE USE CC
Application copies rec' d: 4,.Z—/ or_ for BoA on -/ r(1 by
One copy filed with Town Clerk on��� 1 complete? v
One copy each to Planning Bd and Building Deptc/'by
$200 fee check given Town Treasurer on���by_C_IE .waived?
Hearing notice posted ^�/�ailed��!L'I &
Hearing(s) on_/_/_ cont'd to_/_/_, _/�_ withdrawn ? _J_J_
Decision due bye_/_ made _j_ /_ filed TC _J_J_ mailed_/_
See related cases lawsuits other
JA
ADDENDUM
Applicants request Special Permit relief pursuant to Section
139 -27J, from a residency covenant executed on July 28, 1983. This
request is for a release of only a portion of Applicant's property
being approximately 20,300 square feet of vacant lard to be merged
with an abutting parcel. The Covenant shall continue in effect on
Applicant's residence and remaining land. Applicant's intend to
continue to reside on the property. Although the Applicants' built
their house in 1983 and have resided in it, they did not obtain a
Certificate of Occupancy until May 1, 1990.
The Board can find that the Applicants' have complied with the
spirit and intent of the By -Law by having occupied the property as
their residence since 1983, but have 'failed to comply with the
technical requirements by obtaining a certificate of occupancy
until 1990.
Further, Applicants' request only partial relief for a piece
of vacant land and are willing to accept a restriction that the
covenant remain on their residence for a period of five years from
the date of the certificate of occupancy.
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LAW OFFICES
H0LI`4ES, HAYS & FITZGERALD
35 CENTER STREET
P. O. BOX 1108
NANTUCKET, MASS 02554
WAYNE E. HOLMES
WILLIAM H. HAYS III
JULIE_ A. FITZGERALD
August 21, 1990
Ms. Linda Williams, Chairperson
Board of Appeals
Town and County Building
Broad Street
Nantucket, MA 02554
RE: Application of Lewis W. and Dorothy A. Williams
Premises: 57 Polpis Road
Dear Ms. Williams:
(508) 228 -0052
FAX (508) a ?8-8943
Enclosed for filing, please find the following:
1. Application plus three (3) copies;
2. Certified Abutter's List, plus three (3) copies;
3. Four (4) copies of the Residency Covenant dated July 28,
1983;
4. Four (4) copies of the Certificate of Occupancy dated May
1, 1990;
5. Four (4) copies of a Plan recorded at Plan File 37B;
6. Four (4) copies of portions of Assessors Map 54 and 43;
7. Check in the amount of $200.00 to cover the filing fee;
and
8. Two (2) sets of mailing labels.
Kindly schedule this matter for hearing on September 14, 1990.
Very truly yours,
J 1e F t,_v
JAF /sdb
Enclosures
cc: Mrs. Joanne Holdgate, Town Clerk
Mr.. & Mrs. Lewis W. Williams
III
a S _
BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS 8/24/90
TOWN AND COUNTY BUILDING Date
NANTUCKET, MA 02554
CASE No. -_
APPLICATION FOR RELIEF
Owner's name(s): Lewis W and Dorothy A W;11;amc
Mailing address: 57 Polpis Road, Nantucket, MA
Applicant's name
Mailing address:
same
Location of lot: Assessor's map and parcel number 54 -025
Street address: 57 Polpis Road
Registry Land Ct Plan, Plan Bk & Pg or Plan File 16/54 Lot 5
Date lot acquired: 81 Deed Ref272,10 Zoning district LUG1
Uses on lot - commercial: None x or MCD ?_
- number of: dwellings_ duplex_ apartments_ rental rooms_
Building date(s): all pre -8/72? _ orPermit 1983 C of O ?5 1/90
Building Permit appl'n. Nos. 2928 -83 -
Case Nos. all BoA applications, lawsuits: None
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 nonconforming use). If appeal per 139 -3JA
1-B , attach decision or order. appealed. OK to attach addendum .
See Addendum attached hereto
Items enclosed as part of this Application: orderl addendum2
Locus map x Site plan x showing present x +planned structures
Floor plans present_ proposed_ elevations (HDC approved ?_)
Listings lot area frontage setbacks GCR parking data_
Assessor-certified—addressee Iist 4 sets C mailing labels 2 sets x
200 fee payable to Town of Nantucket x proof 'cap' covenant X
(If an appeal, ask Town Clerk to send Bldg Co mr record to BoA.)
I certify that the requested information submitted is substantially
complete and true to the best of my knowledge, under the pains and
penalties of perjury.
SIGNATURE: Applicant Attorney /agent x
3(If not o ner or owner's attorney, enclose proof of authority)
FOR BoA OFFICE USE
Application copies recd: 4_ or for BoA on_/_/_ by
One copy filed with Town Clerk on_ /�_ 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__J__J_ mailed_/ _J_ I & M —J--J_,
Hearing(s) on_/_/_ cont'd to__/__/_, _/_/_ withdrawn ?__J__/_
Decision due by_/__I_ made_ J_/_ filed TC —J--J_ mailed_/_
See related cases lawsuits other
ADDENDUM
Applicants request Special Permit relief pursuant to Section
139 -27J, from a residency covenant executed on July 28, 1983. This
request is for a release of only a portion of Applicant's property
being approximately 20,300 square feet of vacant land to be merged
with an abutting parcel. The Covenant shall continue in effect on
Applicant's residence and remaining land. Applicant's intend tc
continue to reside on the property. Although the Applicants' built
their house in 1983 and have resided in it, they did not obtain a
Certificate of Occupancy until May 1, 1990.
The Board can find that the Applicants' have complied with the
spirit and intent of the By -Law by having occupied the property as
their residence since 1983, but have -failed to comply with the
technical requirements by obtaining a certificate of occupancy
until 1990.
Further, Applicants' request only partial relief for a piece
of vacant land and are willing to accept a restriction that the
covenant remain on their residence for a period of five years from
the date of the certificate of occupancy.