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Home My WebLink About064-96 0morruciro. TOWN OF NANTUCKET ki : r _. BOARD OF APPEALS 112.° -,p NANTUCKET, MASSACHUSETTS 02554 Date: -,/Gv?UaN'L b , 194/7 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. : 064-96 Owner/Applicant: Christopher W. Read 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 . / bs Michael O'Ma a Chairman cc: Town Clerk ✓ Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING' TO NANTUCKET ZONING BY-LAW §139-30I (SPECIAL PERMITS) ; §139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS . APPLICATION OF CHRISTOPHER W. READ c/o Richard J. Glidden Glidden & Glidden, P.C. 37 Centre Street Nantucket, MA 02554 ZONING BOARD OF APPEALS South Beach Street Nantucket, MA 02554 Map 68 92 Old South Road Parcel 423 Certificate of Title RC-2 No. 15, 624 At a Public Hearing of the ZONING BOARD OF APPEALS held at 1:00 P.M. , Friday, December 6, 1996, in the Selectmen's Meeting Room in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of Christopher W. Read of 92 Old South Road, Nantucket, MA 02554, Board of Appeals File No. 64-96, the Board made the following Decision: 1. Applicant is seeking a SPECIAL PERMIT pursuant to Chapter 139, Section 24 (3) (c) of the Nantucket Zoning By-Law, which, if granted, would afford him relief from the Covenant he signed, pursuant to Chapter 139, Section 24 (3) (a) . The property is located at 92 Old South Road, Assessors' Map 68, Parcel 423, shown as Lot 523 on Land Court Plan 16514-24. For title, see Certificate of Title No. 15,624 on file at the Nantucket Registry District for the Land Court. The premises are zoned RC- 2. 2 . The Board's decision is based upon the application and materials submitted therewith, and the testimony and representations made at the hearing. There were no letters in opposition. 3 . Applicant's attorney, Richard J. Glidden, presented the case for the Applicant. He explained that when the Applicant signed the covenant, he was engaged to be married, and he and his fiance built the house with the intension of making it their permanent home. After the house was completed, the engagement was broken, and Mr. Read has no immediate plans for marriage. The house and mortgage are both too large for Mr. Read, and he is forced to sell this property. He has a signed Purchase and Sale Agreement, but the prospective purchaser wants this Covenant removed as an encumbrance from the title prior to closing. 4 . The Board finds that Mr. Read' s personal and financial circumstances are of the manner and nature contemplated by Chapter 139, Section 24 (3) (c) and justify the requested relief . 5 . Based upon the findings, the Board, by unanimous vote, grants the requested SPECIAL PERMIT under Chapter 139, Section 24 (3) (c) upon the following condition: a) Applicant shall not be allowed to execute another Covenant pursuant to Chapter 139, Section 24 (3) (a) for the unexpired period of the existing Covenant (September 6, 199E - September 6, 2000) . Date : -.xi/Yt uG ) to./ /C19'7 Dale Waip f.,,,ii.,.. E. ___ i Robe. eichter 1\ . ■ _ . z A. .I A J N-ricy e iF - d • -.oak Michael-- ar-` A);,1'1 `i - Ec,10. • T•r r- , RECEIVED TOWN CLERK'S OFFICE NANTUCKET. nn A 02554 JAN 3, 1997 e2 TIME:_---- CLERK: -- — 91. U Ore,. TOWN OF NANTUCKET k t � \ • � 'r BOARD OF APPEALS (t4PoRA1II' NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1 : 00 P.M. , FRIDAY, DECEMBER 6 , 1996, in the Selectmen' s Meeting Room, Town and County Building, Broad Street , Nantucket, Massachusetts , on the Application of : CHRISTOPHER W. READ BOARD OF APPEALS FILE NO. 064-96 Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-Law §139-24A(3) (c) (Rate of Development) . Applicant signed a Covenant with the Town of Nantucket in January of 1993 with a Certificate of Occupancy having been issued on September 6 , 1995 . Due a change in personal circumstances Applicant requests a release from said Covenant . The premises is located at 92 OLD SOUTH ROAD, Assessor ' s Map 68 , Parcel 423 , Land Court Plan 16514-24, Lot 523 . The property is zoned Residential-Commercial-2 . a ck,9 Michael J. O'Mar , Chairman THIS NOTICE iS AVAILABLE IN LARGE PRINT OR OT ALTERNATIVE FORMATS. FOR ASSISTANCE OTHER (508) 228-7215. STANCE CALL DOCUMENT NO. 059293 DOCUMENT NO. 059293 • r V' I • ,�j°toctrt �rgistrq 1993 �/11s1i R. JAN 0 _ r RECEIVED FOR REGISTRATION O /s-7a s' ~ i CERTOME 4""T • ..ss PECDIIOI° go r:P J. C Y S �3 wE� mc�`� 7 I- nr s a _ ��• t b 6 oa r of '; ego i° d 'o8°e YY °y L °1 !1-i E ;a - �" • s ( 4 V e o �3 , "8 , 7S P.S 4 Y; R ,,, ;;IC °.� da r E ^■_... : s - o „ I F tir DOCUMENT NO 059294 DOCUMENT NO 059294 T aatat►st 9isir g IJAN 0 8193 1n o NEC�IVED FOR/R�ITTRATION Fr F-•/ o C100, f tip C.0 OWED ON CERIVIGTE NO /5/9'3/ M RECISTR4��OOO-OOOd�RR l P( • ARM cR./2 e....JJ(C,C ASST RECORDS, . . • ws.• Ilk