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Home My WebLink About078-12 5 Pochick Ave.RECEIVED TOWN OFNANTUCKEIrDEC 7 AM 11 93 : - - KET -- - B��UDF �E�� TOWN CLERK NANTUCKET, MASSACHUSETTS 02554 APPLICATION Fee: $300.00 File No. 031 -12 Owners' names: Nantucket Housing Authority (Owner) Habitat for Humanity Nantucket, Inc. (Lessee — 99+ year lease) Mailing address: c/o Glidden & Glidden, P.C. 37 Centre Street, Post Office Box 1079, Nantucket, Mass. 02554 Phone Number: 508 -228 - 0771 E- Mail:jessie@gliddenandglidden.com Apphcanes name Habitat for Humanity Nantucket, Inc. Mailing Address: c/o Glidden & Glidden, P.C. 37 Centre Street, Post Office Box 1079, Nantucket, Mass. 02554 Phone Number: 508 - 228 -0771 F-Mail: jessie @gliddenandglidden.com Locus Address: 5 Pochick Ave. Assessor's Map /Parcel: 80 / 101.5 a /k /a 143 Surfside Rd. Plan and Lot Reference: Plan File No. 3 -D Zoning District LUG-1 Title Reference: Owner's Deed at 1192/302 and 308 Notice of Lease at 1234/80 Uses on Lot- Commercial?: No If yes, describe Residential: Number of dwellings on lot Two Number of dwelling units: Two Duplex: ?No Accessory Apartments? No Date of Structures: all pre -date 7/72? NO If not, when built? Building Permit Numbers: Previous Zoning Board Application Numbers: 054 -83 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: Applicant seeks Variance relief under Nantucket Zoning Bylaw (the `Bylaw') Section 139 -32 (Variances) from the intensity regulations in section 139- 8.D.2)(e) (minimum lot size for secondary residential lots for year -round residents) to validate the newly created subdivided lots on Locus. Applicant, Habitat for Humanity Nantucket, Inc., has applied to the Planning Board for Special Permit relief pursuant to Section 139 -8.D. (secondary residential lots for year -round residents) in order to subdivide Locus into two (2) buildable lots. Pursuant to Section 139 -8.D., the Planning Board may allow the subdivision of property - -___ "- to- create - two = sub- minvnumlots if'omeofsaid lots-is subject to-the Nantucket Housing Needs Covenant; ------- -- Applicaat, a non -profit entity whose mission is to provide affordable housing, intends for both lots to be designated for affordable housing. Locus is conforming as to all intensity regulations of the Limited Use General —1 (LUG -1) zoning district except for lot size, having 30,000 square feet of lot area in a zoning district that requires a minimum lot size of 40,000 square feet Pursuant to Section 139 -8.D. of the Bylaw, the Planning Board can grant the subdivision of lots in the LUG -1 district if the minimum secondary lot size is 15,000 square feet and the minimum primary lot size is 25,000 square feet However, because Locus is undersized for the LUG -1 zoning district, the proposed primary and secondary lots cannot meet these minimum requirements. As proposed, the sub - minimum lots are 16,800 square feet and 13,200 square feet, respectively. Although the Planning Board can approve this subdivision, the lots will not be deemed buildable because they do not meet the minimum lot size requirements in Section 139- 8.D.(2)(e). Accordingly, Applicant is requesting the Board of Appeals to grant Variance relief pursuant to Section 139 -32 from the intensity regulations in Section 139 - 8.D.2(e) to validate the sub - minimum primary and secondary lots as buildable. The property is located at 5 Poclvck Avenue (also known as 143 Surfside Road), is shown on Nantucket Assessor's Map 80 as Parcel 101.5, and is shown on Plan File No. 3 -D. For evidence of Owner's title see deed recorded with the Nantucket County Registry of Deeds in Book 1192, Page 302 and 308. For evidence of Applicant's leasehold interest, see Notice of Lease, recorded with the Nantucket County Registry of Deeds in Book 1234, Page 80. Locus is located in the Limited Use General — 1 (LUG -1) zoning district. 2 Faitgtounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508- 228 -7298 facsimile 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: Habitat By: Inc. (applicant) UPFFI E USE ONLY Appkesat /Attorney /tlgeaf* Application received on.—/—/— By:_ Complete:_ Need Copies:_ Filed with Town Clerk: —/—/_ Planning Board:, —/_ Building Dept: —/_ L 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.--/—/— 2 Fairgrounds Road Nantucket Massachusetts 02554 508 -228 -7215 telephone 508- 228 -7298 facsimile I i i I I I I I I 80/1021 I N/F I pyANNN G h LMPASINIE KK NIXfF I I /I ^I ✓II I I I I i I � I i I I I i I I I GFA YEL POCH/CK A OpEVM�C f AMP CALL0.V GHAN6EN maysEO LOT I6,C0BOO 3F.3 / � &9fii ONE ,Ng 13,20 LOT \� 7J100 S CC+S 7XI %%� � eo/loa N I� M GFA,G R MAFdA [SRF SIFFHLOW i i �E� I I I I I it �l it I i SU &DIVL,s �GN ;.e - I N/ MPR,FANN S X NG2W 80/501.1 N/F mw+ or NANNCMA 80/IOI.J N/F MMWA MARLYf,NE 80/501.1 N NAN AU K, H0U9NG Y Ia M0 SFf oxw Q J PLAN) I Em i 1@ ,@ , @.1 1@., 1@ w I I�I I 1 @.1 11Q.1 I Iml I @.9 101.0 101.4 @9 101.1 1@ 5 Poc htc (Ave . _ afv-IA. lua (stye A 7i r Iml I @.9 101.0 101.4 @9 101.1 1@ 5 Poc htc (Ave . _ afv-IA. lua (stye A 80 80 CONNOLLY MARGARET &MICHAEL DAWSON JANES E TR PO BOX 242 C/O NUTTER MCCLENNAN & FISH LLP NAN'T'UCKET, MA 02554 155 SEAPORT BLVD - NANTUCKET, MA 02584 BOSTON, MA 02110 80 80 NANTUCKET TOWN OF VON PECHMANN FREDERICK & JANET 16 BROAD ST 6THORNBUSH ROAD NANTUCKET, MA 02554 SIMSBURY, CT 06070 s0 80 WEBB DAVID L & ANN L TRST WEINER IRVING & LEVINE LAURIE 142 SURFSIDE RD 140 SURFSIDE RD NANTUCKET, MA 02554 NANTUCKET, MA 02554 s0 80 144 SURFSIDE RD LLC - ATKINSON PETER W &JANETR WEBSTER DAVID 924 HEDGEROW COURT PO BOX 2460 BLUEBELL, PA 19422 - NANTUCKET, MA 02584 80 80 STREHLOW W CRAIG & MARCIA ESTE NANTUCKET SDC POCHICK LLC . PO BOX 9616 204 VAN RENSSELEAR AVE FARGO, NO 58106 STAMFORD, Cr 06902 80 80 HABITAT FOR HUMANITY NANTUCKET DECAMBRA GEORGE P & KAREN A TR 2 GREGLAN AVE PMB #54 2800 NORTH AIA UNIT 804 NANTUCKET, MA 02554 HUTCHINSON ISLAND, FL 34949 80 80 NANTUCKET TOWN OF ZEVNIKBRLIN &GEORGENE 16 BROAD ST 7 COTTON CROSSING NANTUCKET, MA 02554 SAVANNAH, GA 31411 so 80 MARCELINE MARTHA PJM PROPERTIES LLC C/O JAMES G MARCELINE 14 PLUM STREET P 0 BOX 1254 NANTUCKET, MA 02554 HARWICH, MA 02645 80 WELLINGTON MARIEANN S LAST KNOWN ADDRESS NANTUCKET, MA 02554 s0 KRUEGER CHARLES E TEST ETAL 141 CAT ROCK RD COS COB, CT 06807 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 0j5� z x m M r- n rn Date: January 11, 7�13,L� �E 13 m n o To: Parties in Interest and Others concerned with the DpFision of The BOARD OF APPEALS in the Application of the folloWin¢ Application No: 078 -12 Owner /Applicant: Nantucket Housing Authority as Owner; Habitat for Humanitv Nantucket. Inc. as Lessee 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. U S U Sph) 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 80, Parcel 101.5 Deeds Book 1192, Pages 302 & 308 and 101.4 5 Pochick Avenue (aka 143 Deeds Book 1234, Page 80 Surfside Road) Limited Use General - 1 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, December 13, - 2012, at 1:00 P.M., 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of NANTUCKET HOUSING AUTHORITY AS OWNER; HABITAT FOR HUMANITY NANTUCKET, INC. AS LESSEE APPLICANT, c/o Glidden & Glidden, P.C., 37 Centre Street, PO Box 1079, Nantucket, Massachusetts 02554, File No. 078 -12: 2. Applicants are requesting Variance relief pursuant to Section 139 -32 (Variances) from the intensity regulations in Section 139- 8.D.(2)(e) (minimum lot size for secondary residential lots for year -round residents) in order to validate the newly subdivided lots on the Locus. The two sub - minimum lots are 16,800 square feet and 13,200 square feet, respectively. Section 139- B.D.(2)(e) requires that the lot sizes for secondary residential lots for year -round residents be 25,000 square feet and 15,000 square feet in the Limited Use General - 1 zoning district. The Locus is situated at 5 Pochick Avenue, is shown on Nantucket Tax Assessor's Map 80 as Parcel 101.5 and 101.4, is shown on Plan File No. 3 -D, and evidence of Owner's title and Applicant's leasehold interest is recorded at the Nantucket County Registry of Deeds in Book 1192, Page 302 and 308 and Book 1234, Page 80, respectively. The site is zoned Limited Use General - 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 no matters of planning concern were presented. There was one letter in opposition on file 1 which expressed concerns about any additional subdivision or buildings on the Locus. 4. Attorney Jessie M. Glidden represented the Applicant at the hearing. Attorney Glidden explained to the Board that the Applicant seeks a Variance relief under Nantucket Zoning Bylaw (the "Bylaw ") Section 139 -32 (Variances) from the intensity regulations in section 139- 8.D.(2)(e) (minimum lot size for secondary residential lots for year -round residents) to validate the subdivided lots on the Locus. The Applicant, Habitat for Humanity Nantucket, Inc., has applied to the Planning Board for Special Permit relief pursuant to Section 139 -8.D. (secondary residential lots for year -round residents) in order to subdivide the property into two (2) lots. Pursuant to Section 139 -8.D., the Planning Board may allow the subdivision of property to create two sub - minimum lots if one of said lots is subject to the Nantucket Housing Needs Covenant. The Applicant, a non - profit entity whose mission it is to provide affordable housing, intends for both lots to be for affordable housing and for there to be one dwelling on each lot. The Locus is conforming as to all intensity regulations of the Limited Use General - 1 (LUG -1) zoning district except for lot size, having 30,000 square feet of lot area in a zoning district that requires a minimum lot size of 40,000 square feet. Pursuant to Section 139 -8.D. of the Bylaw, the Planning Board can grant the subdivision of lots in the LUG -1 district if the minimum secondary lot size is 15,000 square feet and the minimum primary lot size is 25,000 square feet. However, because the Locus is undersized for the LUG -1 zoning district, the proposed primary and secondary lot sizes are 16,800 square feet and 13,200 square feet, respectively. Although the Planning Board can grant this subdivision, the lots will not be deemed buildable because they do not meet the minimum lot size requirements in Section 139- 8.D.(2)(e). Accordingly, the Applicant is requesting the Board of Appeals grant Variance relief pursuant to Section 139 -32 from the intensity regulations in Section 139- 8.D.2(e) to validate the sub - minimum primary and secondary lots as buildable. 5. Therefore, after a discussion with the Applicant, the Board finds that Variance relief pursuant to Nantucket Zoning Bylaw Section 139 -32 in order to validate the sub - minimum primary and secondary lots as buildable may be granted because the unique circumstance of utilizing Section 139 -8.D on an already undersized lot would not affect generally the Limited 2 Use General - 1 zoning district and a literal enforcement of the provisions of this Bylaw would involve substantial hardship on the Applicant - a nonprofit housing organization - and desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw. 6. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board of Appeals GRANTED Variance relief to validate the sub - minimum primary and secondary lots as buildable upon the following conditions: a. That dimensions of the lots shall be as shown on the plan entitled "Site Plan to Accompany a Special Permit, #5 Pochick Avenue in Nantucket, Massachusetts," prepared by Nantucket Surveyors, LLC, dated October 25, 2012 and revised November 9, 2012, attached hereto as "Exhibit A "; and, b. That there shall be a sharing agreement recorded with the Nantucket Registry of Deeds between the two lots for the driveway and the septic prior to or simultaneously with the conveyance of the lots. 3 Dated: D'm IV ,2013 COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. I0 , 2013 On this 10 d&y ',Vol , 2013, before me, the undersigned Notary Public, personally appeared G ; who is personally known to me, and who is the person whose name is is signeg or attached document, and who acknowledged to me thaV/she signed it voluntarily for its stated purpose. 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