HomeMy WebLinkAbout078-12 5 Pochick AvenueTOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 0j50
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Date: January 11, 7 13�
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To: Parties in Interest and Others concerned with tW Decision of
The BOARD OF APPEALS in the Application of the followings
Application No: 078 -12
Owner /Applicant: Nantucket Housing Authority as Owner;
Habitat for Humanity Nantucket, Inc. as Lessee Applicant
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 NC )
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
uTaTi7�9(iNF
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 HUMAHITY 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- 8.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
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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 -B.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 -B.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 -B.D on an
already undersized lot would not affect generally the Limited
R
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.
SIGNATURE PAGE TO FOLLOW
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Dated: #4 `V ,2013
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss �� 2013
On this d& 9 S MS 2013, before me, the undersigned Notary Public, personally appeared
f✓ who is personally known to me, and who is the person whose
name is signed on the preceding or attached document, and who acknowledged to me thaV/she signed it
voluntarily for its stated purpose.
Al�
Notary tc: 186 6 bp(JL-
My commission expires: 11111;014
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