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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. r- �1 N I .. 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O 41 a' w. A• q x b cd z $4 �. ° w P, � . 5 iZ U: p �.� 'o o 0 H w' �: 0 p ' ° O CL w O. H 0' ° >, • d �? a)aa) bD o • r • 3 a�i r. 0 W : 6: t-( C 0 .� 41 �: q' E-+ o rn O y ° ° v: • Cd cd 'co U �`OGG' b �-i fn c0i � : Z N' CJ W4: ° ; W cd o Il f� �'y7 -'• ^o u) 'C1 �m A o ;' 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.