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Home My WebLink About049-11 Lemberg, MarieTOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Fee: $300.00 Owner's name(s): Marie Lemberg Mailing address: 53 Pochick Avenue Phone Number: 508-228-4820 Applicant's name(s): Same Mailing Address: Phone Number: E-Mail: E-Mail: rV .~, Locus Address: 53 Pochick Avenue Assessor's Map/Parcel: 79-127 Land Court Plan/Plan Book & Page/Plan File No.: Lots 1-4, Block 164 Surfside, PL BK 2, Page 61 Deed Reference/Certificate of Title: Book 390, Page 169 Zoning District: LUG-II Uses on Lot- Commercial: None: Yes (describe) Residential: Number of dwellings: 2 Duplex Apartments Date of Structure(s): all pre-date 7/72: NO Building Permit Numbers: 9399-92; 12002-95 ~ -~ File No. D ~~ ~ Previous Zoning Board Application Numbers: NONE State below or attach a separate addendum of specific special permits or variance relief applying for: Please see attached. 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. SIGNA SIGNAT / Ps ~ ~ ~- Applicant/Attorney/Agent* *If an Attorney or other 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:-/_/_ By:_ Waiver requested: Granted:-/_/_ Hearing notice posted with Town Clerk:-/_/_ Mailed:-/_/_ I&M_/_/_ &_/_/_ Hearing(s) held on:_/_/_ Opened on :_/_/_ Continued to:_/_/_ Withdrawn:-/_/_ Decision Due By:_/_/_ Made:-/_/_ Filed w/Town Clerk:-/_/_ Mailed:-/_/_ Applicant seeks a Special Permit pursuant to Chapter 139, Q133A(8) to alter anon-conforming lot. Applicant owns an undersized, pre-existing lot at 53 Pochick Avenue containing 15,304 square feet in an LUG-II zoning. Applicant purchased a "yard sale" lot from the Town of Nantucket containing 4,600 square feet (Deed recorded at Book 1285, Page 214 at Nantucket Deeds). This new lot is required to be combined with Applicant's existing lot and be treated as one lot for all building and zoning purposes. The Nantucket Zoning By- law requires that an owner obtain a Special Permit pursuant to Ch 139 Q~33A(8) in order to be allowed to alter anon-conforming lot, even if the alteration lessens the non-conformity. i g -- ~~ r~. ~ ..1~ ,~ I `~ f ado .d`-. :j4~ ~ i :, I ~ ~) Y ~\'s, ~ ~€~ ~ -.r I y ~ 45 ~LL _a~ ~ ~ ,.b I Z Q ~ UU O y ~"<~o ~_~ ~ -~~ ~ ~ _ w h F ° ~ ~ ~ , ~ F S ~ .. Ww~g'~1 xb .\ ~'~.~`~ ~ _ z a~p _ -~ `~: ~ ~.~~ - ~ ~a~~oa~~ ~o Z si ~~ p $ ~ ~~ 'z ~ I i ~ `~ i ~~ 3 a v W S ~ I ~~~ ~tetc 8~R~~hR s~ & ~ ~ " ~~ s ~ r ss 3~ne 'a woe rmd g ~ ~ m y„ v ss ~g~ ~~a~$ U 0 '~ I ~_~ L {,~~_~ r G E ~ g ~ x VY - ~ ~° o n p~ g= ~} o to ~~~ ~~ °lE ~^? Q H .. ~,~ ~ ~~ .~l L o ~u~ 1~7~~~'~~'~~~~~~ ,o~.E,,...k.. k..,~ ,. z.o~ ...,-=F~=-= .. -~,. ~~,1~0 Town of Nantucket Zoning. Board of Appeals RECEIVED BOARD OF ASSESSORS JUL 15 Z01i TOWN OF NANTUCKET; MA LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER...........M .~ .~~~. ~ .......~. `--.~''~.`?. `= ~2. ~.......... MAILING ADDRESS..........~.~ .............~'..~.~:~ ~~.`:'•.'........~..~............. PROPERTY LOCATION.......... ~ ..~........ ~. ~ C ~ \. \.~~~ ...... ~'`. ~'. ~ ............. . ASSESSOR MAP/PARCEL ............... ~.. ~ ... ~ .. ~.. ~.1......................... . SUBMITTED BY .................. R...~...... ~'....................................... SEE ATTACHED PAGES I certify that the foregoing is a list of all persons who are owners of abutting property, owners of land directly opposite on any public or private street or way; and abutters of the abutters and all other land owners within 300 feet of the property line of owner's property, as they appear on the most recent applicable tax list (M.G.L. c. 40A, Section 11 and Zoning Code Chapter 40A, Section 139-29B (2)• _~ ~ j f D E ASSESSOR'S OFFICE TOWN OF NANTUCKET J F' N W W W O J J J J J J J J J J J J 13' {p b b ~D l0 tp tp b 10 tp b b 'a~ r r r r r J J J J N N N l r Of O1 N N N J OI fly A J In A ~ W N m T U~ C W yy gg Cy ~~.+1 M H [9 m "f,1 [] £ 3 O n O W9W ~+ m ~~ 4~ K n .Hi cpi n z4~~ ro m ~ ~y ~ ~ ~ d o ~ arov yr ~ c~ 7a &~ ro Z~ x~~ o, M 4 m c~ " ~ ~ n ~ ~ ~, ~ ro p~yZZ~~ P b 4 ~ M [9 ~p p~ N ~[g'q1 n4 ro 7 ~ q 8 H~ 4 m w 7~1 n p H G1 4 ~ n ~ o 0 0 ~ ~ m n w n p d ro H r 01 A ro A W ro r Ot J r ro b m o in r m m r N O a b ~iNg7 o A A O~ ro M -~7~-!~i H S y % yCy t~t++ % 'A ~ y Cy K ~ F p n y m x K r ~~+ p r„ C; h N ['$/ J (A ~ N H 'y O N ~p ro OOi H N y K T I~ z F n p ~ ~ r F 6~ r• r w 7 da b a ~a m m u N ro w w m o a ~ 5 ~ ~ ~ °z ~ ~ y [+ H O r H H H q yn-7 g 4 y C 7 Y Y~ y I H 0 0 0 0 o r N o 0 o r o ci N N 01 N J b O N N r O N W A In 0 41 A A J V1 UI b N V1 'd N N m V~ IT N N N U m W f)1 r A J A O N UI A A A Of P ~ ~ ~ O ° ~'' a r b N O U O m ~ ~ m O Y J b N V1 J O~ N A N M ro ro ro ro ro ro ro m r n n 0 0 0 0 0 0 0 0~ o r m C~+ S C M Y M H H M H H M fq l9 aA ~~ r Inc 71 7n6 Ina % Inc x ~ ° cda n p rob p a 4 4<< C C~ 4 ea C~ y C o a 79 NOBLE PAUL E JR & ANNE J P O BOX 156 NANTUCKET, MA 02554-0156 79 MCGOWAN ALICE F 165 VALLEY RD KATONAH, NY 10536 79 MURRAY GAIL & FERRIS PETER G 7 PORTER ST WENHAM, MA 01984 79 BOYNTON PETER H & ANDREW C 61 VESTAL STREET NANTUCKET, MA 02554 79 NANTUCKET TOWN OF 16 BROAD ST NANTUCKET, MA 02554 79 LEMBERG EDWIN A C/O CHEVY CHASE BANK ESCROW DEPT P O BOX 1706 LAUREL, MD 20725-1706 79 FAWCETT EDWARD C 384 SELBY PLACE BLUE BELL, PA 19422 79 VACCARI MARION 414 VAN EMBURGH AVE RIDGEWOOD, NJ 07450 79 MAGEE CHRISTOPHER J & JANET E P O BOX 5262 NANTUCKET, MA 02554 79 BOSSIDY LAWRENCE A & NANCY J 452 WEST MOUNTAIN ROAD RIDGEFIELD, CT 06887-3628 79 SHERRY WILLIAM J & REEMA S 60 POCHICK AV NANTUCKET, MA 02554 79 MOTTA JOSEPH R JR 16 WINTER ST BLD C WALTHAM, MA 02451-0990 ~~ ettua,~.r~ 9 7 TOWN OF NANTUCKET j BOARD OF APPEALS J~ NANTUCKET, MASSACHUSETTS 02554 `^ Date: August 19, 2011 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 049-11 Owner/Applicant: MARIE LEMBERG 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 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. Edward S. Toole, Chairman 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 508-228-7215. NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road, Nantucket, Massachusetts 02554 Assessor's Map 79, Parcel 127 53 Pochick Avenue Land Use General 2 (LUG-2) Lots 1-4 Block 164 Book 17, Page 146 Plan Plan Book 2, Page 61 Deed Book 390, Page 167 DECISION: 1. The Nantucket Zoning Board of Appeals held a public hearing on August 11, 2011 at 4 Fairgrounds Road, Nantucket, Massachusetts 02554, regarding the application of Marie Lemberg, 53 Pochick Avenue, Nantucket Massachusetts 02554, Board of Appeals File No. 049-11. The Board made the following decision: 2. Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139-33.A.(8) (alteration of preexisting nonconforming lots) in order to alter the preexisting nonconforming lot by adding a parcel from the Town's Yard Sale program to said lot. The lot, as so altered, will still not meet the minimum lot size of the LUG-2 zoning district. The Locus is situated at 53 Pochick Avenue, is shown on Nantucket Tax Assessor's Map 79 as Parcel 127, is shown Lots 1-4, Block 164 Surfside, Plan Book 2, Page 61, and title is recorded at the Nantucket County Registry of Deeds in Book 390, Page 167. The property is zoned Limited Use General - 2. 3. The applicant is requesting permission to alter the preexisting nonconforming lot by adding a parcel of land acquired through the Town's Yard Sale program. The altered lot will remain nonconforming as it will not meet the minimum lot size. The existing lot is 15,304 square feet. The applicant has purchased a lot pursuant to the Nantucket Yard Sale Program of approximately 4,600 square feet as shown on plan recorded as Plan File 2010-52 at Nantucket Registry of Deeds. In the Limited Use General - 2 zoning district, the minimum lot size is 80,000 square feet. With the addition of 4,600 square feet the applicant's lot, the Locus will still be nonconforming as to lot size, but will be less nonconforming. 4. Our decision is based upon the application, accompanying materials and presentation by applicant's attorney at the public hearing. There was no recommendation from the Planning Board, as it is not considered a matter of planning concern, and no opposition or concerns were presented by abuttors or members of the public. Applicant's attorney stated that there have been many similar applications and that there will be many more as the town is aggressively pursuing the "Yard Sale Program" in order to raise revenue as well as restore un- used land to the tax rolls. In this instance, applicant's lot, while still undersized for the zoning district, will be increased in size by almost thirty percent. 5. Therefore, based upon the foregoing, the Board finds that the requested special permit was in keeping with the spirit and intent of the by-law. The Board also found that decreasing the non-conformity by increasing the lot area was to be encouraged and the newly created lot would not be substantially more detrimental to the neighborhood than the existing non-conformity. 6. Accordingly, by a unanimous vote, the Board grants the requested Special Permit pursuant to Nantucket Zoning By-Law Section 139-33.A.(8) to allow the alteration of applicant's pre-existing non-conforming lot by adding the yard sale lot containing 4,600 square feet, making a total lot area of 19,904 square feet. SIGNATURE PAGE TO FOLLOW r Dated: : 1~ ~Ui~ ~~, Zd ~i Edward Toole ------ aie Waine 'sa Botticelli Kerim Ko at c san McC rt COMMONWEALTH OF MASSACHUSETTS County of Nantucket, ss. On this ~ ~' day of ~~ ~'~~" , 2011, before me the undersigned notary public, personally appeared ~~ In~wri (a) ~ personally known to me, or (b) proved to me through satisfactory evidence of identification, which was (type of identification) to be the person(s) whose name(s) is/are signed on the preceding or attached document, and acknowledged to me that~i /she/they signed it voluntarily for its stated purpose. ,.,,. ,,,,;,,E,,...,„.,,, ,~, , \4 ~~!, y ~~g ~ ,. .. ~ r' ~ : s C `a C~ C ~,~, `ll ~~/w~ ~ ~~}ba,~s,~ ,rr,~~.