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Home My WebLink About034-96 .0s-rue/rte., TOWN OF NANTUCKET BOARD OF APPEALS 12.0 4'poRASE9' NANTUCKET, 5 MASSACHUSETTS 025 4 Date: June 26 , 1996 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. : 034-96 Owner/Applicant: MARK WHITE AND BARBARA WHITE Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in 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 an complaint in 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 . I nif Michael J. O'Marair man cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING- TO NANTUCKET ZONING BY-LAW §139-30I ( SPECIAL PERMITS) ; §139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS . NANTUCKET ZONING BOARD OF APPEALS 37 Washington Street Nantucket, Massachusetts 02554 Assessor' s Map 79, Land Court Plan 17745-A, Parcels 68 and 69 Lot 23 , and adjacent 75 and 71 Pochick Avenue unregistered land Limited Use General-2 Certificate of Title No. 9119; Deed Book 304, Page 27 DECISION: 1 . At a public hearing of the Nantucket Zoning Board of Appeals, •on Friday, June 7, 1996, at 1 : 00 P.M. , in the Selectmen' s Meeting Room, in the Town and County Building, Broad Street, Nantucket, Massachusetts, the Board made the following decision on the application of MARK WHITE and BARBARA WHITE, c/o Reade & Alger Professional Corporation, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 034-96 : 2 . The applicants are seeking a SPECIAL PERMIT pursuant to Nantucket Zoning By-law §139-33 .A(8) (as inserted by Article 40 of the Annual Town Meeting on April 9, 1996) in order to change the boundaries of a lot, said to pre-exist zoning requirements, nonconforming as to minimum lot size (having area of 45, 000 square feet in a zoning district that requires minimum lot area of 80, 000 square feet) , presently improved with a single-family dwelling, by virtue of the merger in 1988 for building and zoning purposes with an adjacent pre-existing nonconfroming lot, as a single valid lot as so merged. As merged, the subject property (the "Locus" ) contains 50, 000 square feet of lot area, and is less nonconforming that the individual lots of which it is comprised, which contain 45, 000 and 5, 000 square feet of area, respectively. The applicants intend to construct a secondary dwelling on the Locus as so combined. The Locus is situated at 75 and 71 POCHICK AVENUE, Assessor' s Map 79, Parcels 68 and 69, and is comprised of Land Court Plan 17745-A, Lot 23 , and adjacent unregistered land. The locus is zoned LIMITED USE GENERAL-3 . 3 . Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. The Planning Board recommendation was favorable, subject to the Board of Appeals making the requisite underlying findings . There was opposition presented at the public hearing by one neighbor, who argued through counsel that the Board should consider the siting of any additional structure on the Locus . 4 . As represented by the applicants, they purchased Lot 23 , then a vacant lot containing about 45, 000 square feet, on February 28 , 1980, and constructed a single-family dwelling thereon. Lot 23 had been in separate ownership from all adjacent land since a time prior to the effective date of the original 1 Nantucket Zoning By-law in 1972 . On July 14 , 1988, the applicants purchased the adjacent unregistered parcel, a vacant lot containing about 5, 000 square feet, which had also been in separate ownership from all adjacent land since a time prior to the effective date of the original Nantucket Zoning By-law in 1972 . Because Lot 23 and the adjacent unregistered land are each nonconforming with the area requirements of the Zoning By-law, they automatically became merged together as one single lot for zoning purposes when they came into the common ownership of the applicants . 5 . Under the newly-adopted By-law §139-33 .A(8) , the change in boundary lines of a pre-existing nonconforming lot may be done only pursuant to a special permit issued by the Board of Appeals, as special permit granting authority, based upon a finding that the change in lot lines will not be substantially more detrimental to the neighborhood than the existing nonconformity, and provided that no such special permit shall be granted which creates any new nonconformity or increases any existing nonconformity. The Board noted that the By-law provision for findings relates only to the standard for modification of lot lines, and that accordingly the Board is not to consider the location of any future improvements in applying that standard as to the effect of the change in lot lines . • 6 . By a UNANIMOUS vote of the five members sitting, the Board of Appeals granted the requested SPECIAL PERMIT, allowing the change in boundaries of the Locus by merging the adjacent unregistered land owned by the applicants with said Lot 23 as a single lot for zoning purposes, finding that the merger of these parcels as a single lot reduces zoning nonconformity of Lot 23 , while eliminating the applicants' adjacent unregistered land as a separate lot, and is therefore beneficial and not more detrimental to the neighborhood than the existing nonconformity of Lot 23 ; in addition, the Board found that the merger of these lots did not create any new nonconformity or increase any existing nonconformity. Dated: June V , 1996 v� RECEIVED Mich_e J.- O'Mara TOWN CLERK'S OFFICE '�� / f ' NANTUCKET, MA 02554 JUN 2 61996 Li da F. ` _ hams N /: frie OFF Robert J. -icht:is\ ancy J. S- re s f:\wp\white\mark\surfside\boa03496.dec 2 ,pNTUCMi,), TOWN OF NANTUCKET ki • . BOARD OF APPEALS %Oe oo- NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1 :00 P.M. , FRIDAY, JUNE 7, 1996, in the Selectmen ' s Meeting Room, Town and County Building, Broad Street , Nantucket, Massachusetts , on the Application of the following: MARK WHITE AND BARBARA WHITE BOARD OF APPEALS FILE NO. 034-96 Applicants are seeking a SPECIAL PERMIT and FINDING pursuant to Nantucket Zoning By-Law §139-33A(8) (as inserted by Article 40 of the Annual Town Meeting on April 9, 1996) in order to change the boundaries of a said to be pre-existing lot, non-conforming as to minimum lot size having an area of 45 , 000 square feet in a zoning district that requires a minimum lot size of 80,000 square feet, presently improved with a single-family dwelling, by virtue of the merger in 1988 for building and zoning purposes with an adjacent non-conforming pre-existing lot, as a single valid lot as so merged. As merged, the Locus contains 50,000 square feet of area, and is less non-conforming than the individual lots , which contain 45,000 and 5 , 000 square feet of area , respectively . Applicant intends to construct a secondary dwelling on the property as combined. The premises is located at 75 and 71 POCHICK AVENUE, Assessor ' s Map 79 , Parcels 68 and 69, Lot 23 , Land Court Plan No . 17745-A. The property is zoned Limited Use General-II . �l� L Sir. ichael J . 0 ' 7. , Chairman THIS NOTICE iS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. FOR ASSISTANCE CALL (508) 228-7215 . BOA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Dat- NANTUCKET, MA 02554 ��/ �j� CASE No. r- C APPLICATION FOR RELIEF Owner's name(s) : Mark White and Barbara White Mailing address: c/o Reade & Alger Professional Corporation . P.O.Box 2669, Nantucket, Massachusetts 02584 Applicant's name: same Mailing address: same Location of lot: Assessor's map and parcel number 79-68 and 69 Street address: 75 and 71 Pochick Avenue Registry Land Ct Plan, Plan Bk & Pg or Plan File 17745-A Lot 23 Date lot acquired: 2/28/80 and 7/14/88 Deed Ref Cert 9119 and Book 304, Page 27 Zoning district LUG-2 Uses on lot - commercial: None X or MCD? _ - number of: dwellings". duplex apartments rental rooms Building date(s) : all pre-8/72? No or C of 0? Building Permit appl'n Nos. 3154-84 and 1416-80 Case Nos. all BoA applications, lawsuits:060-95 and Land Court Civil Action No. 223495 Misc. State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose compared to present and what grounds you urge for BoA to make each finding per Section 139-32A if Variance, 139-30A X if a Special Permit (and 139-33A X if to alter or extend a nonconforming use) . If appeal per 139-31A & B_, attach decision or order' appealed. OK to attach addendum2 Applicant requests a Special Permit and finding pursuant to §139- 33. (A) (8) of the Zoning By-law (as inserted by Article 40 of the Annual Town Meeting on April 9, 1996) in order to change the boundaries of a pre-existing nonconforming lot presently improved with a single-family dwelling, by virtue of the merger in 1988 for building and zoning purposes with an adjacent nonconforming pre-existing lot, as a single valid lot as so merged. As merged, the Locus contains 50,000 square feet of area, and is less nonconforming than the individual lots, which contain 45,000 and 5,000 square feet of area, respectively. Applicant intends to construct a second dwelling on the property. Required lot area in this district is 80,000 square feet. Items enclosed as part of this Application: order'— addendum` Locus map X Site plan X showing present X + planned structures Floor plans present proposed _ elevations X(HDC approved? X) RECEIVED Listing lot area X frontage _ setbacks GCR parking data Tr)\./V• CLERK'S OFFICE Assessor-certified addressee list 4 sets A mailing labels 2 sets A N ,.�~('..rs '' f T, MA 02554 '$200 fee payable to Town of Nantucket A proof' 'cap' covenant 1 ` If an appeal, ask Town Clerk to send Bldg Comr's record to BOA. ) MAY 2 2 1996 I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. ? /�1 CLERK: SIGNATURE: /, Applicant Attorney/agent A (If not owner or owner's attorney, enclose proof of authority) FOR BOA OFFICE USE Application copies rec'd: 4 or for r/on q /(L(by One copy filed with Town Clerk on /2l/( by %f complete? One copy each to Planning Bd and Building- Best / Z/_i by___ $200 fee check given Town)T e surer onC1 f i by (/� waived? Hearing notice posted( -W! 5723/2, 1 & M Hearing(s) on / / cont'd to / / , / / withdrawn? / /_ Decision due by / / made / / filed TC / / mailed _/_/_ See related cases lawsuits other f:\wp\whitemar\surfside\boa2.app • 1•61t� a f 1•61t ,w. ,Y o 4 od ES-ST C. -Shl 014f 401-641 ..9 10 000. ch */ S. •\, rowK ♦Yt YCYtt OIit MILT �* - 1 NANTUCNt+ iYYiTTt2 Of Tilt SOT �~ p :OUTS Of MOW ICE �� ~ '� II �1 <t ..{...1 y it: 1 C tY Io.OK. sy, p V < t 1 •• �^ {.7 k. '� 3 r L44 Q �� se • Y �s 1; W 4 tiC 31 • Be } .f d �' ti0 91 1 ti ' 1 Yf I I IOC p i I p M \`� I,CfE1 DI SI MKT COIAYITTEE i I ! j •)T SC OUTS of AYEMICA. I , 30 s It s*( `134 GARDNER -- f • STt;RGIS 1/ 'sy �. a jNELANDS - 1<Y 141 e 1« QI 4 ITT,<^� +s��, J ✓ t t1 �.� ___. �A i , 1 -_ .:. ,K. .......... i f I 1 1.,,,,„:„. 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