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Home My WebLink About43-18 52 Pochick AvenueFee: $450.00 Zoning Board of Appeals OCT 05 2018 RECEIVED TOWN OF NANTUCKET l s� BOARD OF APPEALS C' NANTUCKET, MA 02554 f� APPLICATION .-- x File No. qpg y' Owner's name(s):- �� <�_ Mailing address: �g '� S'�`Z-(3y /'�L l3G,U,� /4W /WZe—p— Phone Number: 2/6-6-79 '0:'9(Z 45' E -Mail: �C�'4L✓� i � ��L c�`'� Applicant's name(s): Mailing Address: S,~GS Phone Number: E -Mail: Locus Address: -,' z ACAot q&- 04"c' __ Assessor's Map/Parcel: 7 -7 7 Land Court Plan/Plan Book & Page/Plan File No.: .3q7 Deed Reference/Certificate of Title: / % -/ZZ Zoning District 5 - 4' Uses on Lot- Commercial: None Yes (describe) Residential: Number of dwellings_ Duplex Apartments Date of Structure(s): all pre -date 7/72 ser Z� U lG�t�i�s Ala / 9 7q Building Permit Numbers: 9��3 Previous Zoning Board Application Numbers: 336' Oa . 3D 9 Z ¢904! 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile State below or attach a separate addendum of specific special permits or variance relief applying for: I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE• C4� Owner* SIGNATURE: Applicant/Attomey/Agent* *If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency. OFFICE USE ONLY Application received on:—/—/— By: Complete: Need Copies: Filed with Town Clerk:,,_ Planning Board:—/—/— Building Dept.:'./_ By:_ Fee deposited with Town Treasurer:—L/_ By:_ Waiver requested: Granted_/_/_ Hearing notice posted with Town Clerk:—/J_ Mailed:_/_/_ &_/_/_ Hearing(s) held on:_/_/_ Opened on :_/--J— Continued to:_/_/_ Withdrawn:—/—/— Decision Due By:_/_/_ Made:_/_/_ Filed w/Town Clerk:_/._/_ Mailed:_/_/_ 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile October 4, 2018 This application is a simple request for a rescission of variance (see attached) on a property at 52 Pochick Ave. The reason for this rescission is by virtue of the passage of Article 50 at the 2012 ATM rezoning the lot from LUG -2 to LUG -1. Both lots at 52 and 54 Pochick Ave are greater than 40,000 square feet and are now compliant as to the LUG -1 lot size. While this rescission request for 52 Pochick Avenue , if passed, would thus permit a second dwelling unit, no new structures or additions are anticipated or planned by the owner now or in the foreseeable future. BOOK 336 PAGE 309 BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: DOCUMENT No. 49049 At a public hearing of the BOARD OF APPEALS held on Friday, November 3, 1989 at 1:00 P.M. in the Town and County Building, Nantucket, on the application of William F. and Mary E. Toner (05q--89) of Nantucket, Massachusetts, the Board finds: 1. Applicant seeks a VARIANCE under Section 139-32A to permit him to seperate the ownership of two contiguous lots owned by applicant, each containing 48,000 square feet instead of the mininum 80,000 square feet (139-16A) both lots being shown on plans recorded with the Nantucket Registry of Deeds prior to 1972. In the application, applicant stated that he would be willing to restrict each lot to one single family dwelling if the variance was granted. The properties are located at 11 Cifford Street and 54 Pochick Avenue, Assessors Parcel Nos. 79-77 and 79-128, respectively, situated in the LIMITED USE GENERAL - 2 zoning district. 2. According to testimony and representations of applicant, applicant who grew up on Nantucket and graduated from Nantucket High school, returned to the island in 1967 and purchased 11 Clifford Street, Parcel 79-77, opened Clifford Street as a way to provide access to said parcel and built the existing dwelling thereon which is not suitable for year round use. Parcel 77 is shown on Land Court Plan 34745-A. Thereafter in 1984, applicant bought 54 Pochick Avenue (Parcel 79-128) shown on pending Land Court Plan 41428 and as Lots 5 through 23, Block 86 on Plan File 3-D. Both of applicant's parcels have been distinct lots of land since 1966 when the plan for Clifford Street was registered. The Pochick Avenue property was shown on a plan recorded around 1900 from which the current plan recorded in 1972 was prepared and upon which the parcel is now shown. Applicant's lots were purchased seperately; have each been taxed as individual building lots by the Town during applicant's period of ownership; and each have different street addresses. 3. It was applicant's intention when he purchased the Pochick Avenue parcel in 1984 to sell Clifford Street and build a retirement house on Pochick Avenue. He never intended to merge the two lots and build a secondary dwelling on the property. However, at the time of the purchase of 54 Pochick Avenue applicant's attorney directed that record title to the Pochick Avenue lot be the same as the abutting Clifford Street lot �My 336 PAGE 310 49049 unaware of the legal impact thereof from which applicant now seeks relief. Applicant still desires to sell the dwelling and the premises at 11 Clifford Street and use the proceeds thereof to construct an energy efficient dwelling unit on the premises at 54 Pochick Avenue for year round use now that applicant is retired. Construction of a secondary dwelling unit on the premises, as an alternative, is financially beyond the ability of applicant. Each parcel contains 48,000 square feet and, but for the error of counsel in 1984, under the provisions of Section 139-16A each parcel would be buildable if ownership had not been merged by the deed in 1984. 4. The Board finds that there is a substantial hardship on applicant which was not self imposed but was created by applicant's counsel. Applicant is in the unique position of not being able to acquire additional adjacent land to make the lots conforming as the lots owned by applicant are surrounded on all four sides by roadways. Applicant's premises is in a section of Surfside where the lots to the south of applicant's premises are, by in large, the same size or smaller than applicant's. The Board finds that the relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the By-law as premises may be developed with two dwellings and if the relief sought hereby is granted, applicant agrees to restrict each of the lots to one single dwelling each -thus the density permitted by the zoning By-law will not be increased. Futher, each of the lots is in excess of the minimum 40,000 square foot lot requirement established by the Board of Health for the protection of the watershed. The Board is aware that the power to vary the By-law is to be sparingly used and only in rare instances and under exceptional circumstances peculiar in nature, and with due regard to the main purpose of zoning. in the instant case the Board received letters from several of the abutters to the applicant,all of whom endorsed the granting of the variance. The Planning Board recommended against the granting of the Variance. 5. The Board in reaching its decision in this case emphasizes that the relief hereby granted shall not be deemed to be a precedent for relief there has been merger of non -conforming lots. The unique factual background of this case compels the Board to deal equitably with applicant who is willing to accept the following conditions if relief is granted. 1) Each lot shall be restricted to only one single family dwelling unit together with accessory buildings as permitted by the Zoning By-law; and 2) The location of the dwelling unit to be constructed on the lot at 54 Pochick Avenue (79-128) shall be either at least twelve (12) feet behind the rear building line or twelve (12) feet in front of the front building line of the existing dwelling unit at 11 Clifford Street (79-77) (as said building lines are extended). er.oA 336 PAGE 311 6. Accordingly, by a in the negative (Sherman) requested variance subject Dated: November A40, 1989 vote of four in the this Board grants to to th affirmative and one applicant the .{Y17 !11 s{.��i•�1:�`Vr�%I.r .r�.! �, ie 6� 1�. jj�• �Y 7 Ar ZONING CLASSIFICATION: �— MIN. AREA: ...... MIN FRONTAGE:......./, Q ,' FRONT YA 1) SA: . .. . . . ' . �T REAR do SIDE S.B.:.... . GROUND COKER (X): . . o DCISTING: , f rIV07T COK-r7;-1 C7`,,p) �. _ /DO. o -- IN sry tiv/.� w� UbV/�-.C.Uk D,G-t/r Town and County of Nantucket, MA September 25, 2U18 80610 3 OKORWAWAV W OKORWAWAV O OKOR 80 Z,1151hp � 79130 t 9130 f 80215.1 79 28 61 1 7978 80215.2 5 79 164 - - - 11 79 180 17 80 214 79 6 8089 456 i % A 9p v Z q" 802 Z 3 5 2 80 283 z 79 988 f 34 1p 43 ■ 79 27 58A i 80 285 62 ■6 1977 79 128 ■ 52 i54 79 162 8011 Ji. ( 60 79 178 79 177 3B 6456 80 Zh3 79 163 58 POCHICK AV . - POCHtCKAV N ICK AV t� 7 pOCH POCHICK AV POp1ICKAV .80 201 7� `. ` POCHICK AV 7912-:7 79 25 55 53 79 156 79 157 90 80 212 74 17 15 41 ® 79 159 - - 80 201.1O 79126.1 79 136 61 . 37 80212.157 -_ ti 57 57 _ 7 236 43 11 --_ 59 ! 79123 N 7924 79 75 Of 4 _ 42 O 5 ` Q u 7974 7973 C�3 WEWEEDBR AV 4612 80 ! • 79 3. oeR AV .. 1" = 258 h Go gle .1 a 811 80196 80006rl. L ao,n 7917.. ROO • "�"O Property Information Property ID 7977 Location 52 POCHICK AV ,C Owner FAWCETT EDWARD C MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT Town and County of Nantucket. MA makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map. Parcels updated 09/14/2018 Properties updated 09/25/2018 0.14TUC%l �O/��9N q9p°_-,-` TOWN OF NANTUCKET Zoo m. v BOARD OF APPEALS ; n C, NANTUCKET, MASSACHUSETTS 02554 ', w Date : January 10 , 2019 To : Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No. : 43-18 Owner/Applicant: EDWARD C . FAWCETT Property Description: 52 Pochick Avenue Map 79 , Parcel 77 Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed with 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 a complaint in Nantucket Superior Court or Land 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 . Eleanor W. Antonietti, Zoning Administrator cc: Town Clerk Planning Board Building Commissioner/Zoning Enforcement Officer PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING BY-LAW SECTION 139-30 (SPECIAL PERMITS) ; SECTION 139-32 (VARIANCES) . ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICE AT 508-325-7587 . NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 79, Parcel 77 Certificate of Title No. 17422 52 Pochick Avenue Land Court Plan 34745-A Limited Use General One (LUG-1) DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, November 8, 2018, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of EDWARD C. FAWCETT, 384 Selby Place, Blue Bell, Pennsylvania 19422, File No. 43-18: 2. Applicant is seeking to vacate and rescind prior relief by Variance with conditions granted in Decision File No. 059-89 pursuant to Zoning By-law Section 139-32 in order to validate the lot as a marketable residential building lot separate from adjacent 54 Pochick. At the time the relief was granted, the 48,000 sq. ft. lot was undersized for the LUG-2 zoning district in which it was situated. When the zoning was changed to LUG-1 in 2012 (Article 50), the lot became conforming in all respects, rendering the need for relief obsolete. Locus is situated at 52 Pochick Avenue, is shown on Assessor's Map 79 as Parcel 77, and upon Land Court Plan 34745- A. Evidence of owner's title is registered on Certificate of Title No. 17422 at the Nantucket County District of the Land Court. The site is zoned Limited Use General 1 (LUG-1). 3. Our decision is based upon the application and accompanying materials, representations, and testimony received at our public hearing. There was no Planning Board recommendation on the basis that this matter is not of planning concern. There was no opposition, written or oral, to the application. 4. Applicant is seeking to rescind Board of Appeals Variance Decision in File No. 059-89 and registered as Document 49049 with the Nantucket County Registry District of the Land Court. The Variance was granted in 1989 to deem Locus and the adjacent lot as separately marketable and buildable lots. As a result of a change in zoning from LUG-2 to LUG-1 by virtue of passage of Article 50 at the 2012 Annual Town Meeting, the lot has been rendered compliant as to zoning provisions. The Variance relief is therefore no longer necessary given the fact that this and the adjacent 54 Pochick Avenue are compliant as to LUG-1 lot size of 40,000 square feet, and a secondary dwelling would be allowed by right under the current zoning provisions. However, because of the restriction encumbering the lot to no more than one single family 2 dwelling unit and accessory structure, the Applicant is asking to have said Variance rescinded to allow for the potential to construct a secondary dwelling, should the opportunity arise. 5. It was further explained that the subject property will be enlarged from a lot size of 48,000 sq. ft. to 60,000 sq. ft. by virtue of the eventual acquisition of portions of Clifford Street and Pocomo Avenue, shown as 12,000 sq. ft. Parcel A on Plan No. 2011-25. The acquisition, an outcome of the Nantucket "Yard Sale" program of paper streets, is contingent upon the completion of the Land Court registration of the paper road parcel. 6. Therefore, based upon the application materials and testimony received at the public hearing, the Board finds that the 1989 Variance relief encumbering the locus is no longer required and herewith rescinds and vacates said decision. Specifically, the lot is currently conforming as to the dimensional provisions of Section 139-16 and, as such, in compliance therewith. No evidence was presented to support the need for variance relief for waivers from any sections of the Zoning By-law. 7. Accordingly, by UNANIMOUS VOTE of the sitting members of the ZONING BOARD OF APPEALS, the Zoning Board of Appeals GRANTS the RESCISSION of previously issued VARIANCE decision in File No. 059-89. $IGNA1 VRE PAGE TO FOLLOW 3 Assessor's Map 79, Parcel 77 Certificate of Title No. 17422 52 Pochick Avenue Land Court Plan 34745-A Limited Use General One (LUG-1) Dated: November 8, 2018 iitifi Ed 'd Too re cCa Lisa Bott. elli I ael '. it: . a Kerim ea ac COMMONWEALTH OF MASSACHUSETTS County of Nantucket, ss On the It day of a ti V o✓V, 2019, before me, the undersigned notary public, personally appeared ISMA iftick V1/ -? ,t 'ill y/ , one of the above-named members of the Zoning Board of Appeals of Nantucket, Massachusetts, personally known to me to be the person whose name is signed on the preceding document, and acknowledged that he signed the foregoing instrument voluntarily for the purposes therein expressed. I I 1A) Officia'Signature and Seal of Notary Public My commission expires: 1 14, LESLIE WOODSON SNELL 1 1 *4Notary Public COMMONWEALTH OF MASSACHUSETTS I \ i My Commission Expires I 4 September 26, 2025 ... ........r....- _. — — — — — —