HomeMy WebLinkAbout43-18 52 Pochick see 2018�-
RAI
TOWN OF NANTUCKET
BOARD OF APPEALS r
NANTUCKET, MASSACHUSETTS 02554 ;
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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 I 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
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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.
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Assessor's Map 79, Parcel 77
52 Pochick Avenue
Limited Use General One (LUG -1)
Dated: November 8, 2018
County of Nantucket, ss
Certificate of Title No. 17422
Land Court Plan 34745-A
COMMONWEALTH OF MASSACHUSETTS
On the day of JQ 2019, before me, the undersigned notary public,
personally appeared ,41 g i -N yj17 h / , one of the above-named
members of the Zoning Board of Appeals of N ntucket, 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.
Officia Signature and Seal of Notary Public
My commission expires:
LESLIE WOODSON:SNELL
Notary Public
COMMONWEALTH Of MASSAEI"fS
My Commission EsUT September 26, 2
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