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Home My WebLink About03-17 53 Pochick AveFee: $450.00 NANTUCI�E ; TOWN CLER�t 2816 DEC 16 PM 3*- 21 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION File No. 0 J `/ 7 Owner's name(s Marie E. Lemberg Mailing address: 53 Pochick Avenue, Nantucket. MA 02554 Phone Number. 508 -332 -9165 E -Mail: edmarie6a@aol.com Applicant's name(s): Same Mailing Address: Same Phone Number._Same E -Mail Same 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, Plan Bk 2, Page 61 & Plan 2010, Page 61 Deed Reference /Certificate of Title:1285/214 & 1418/154 Zoning District LUG -1 Uses on Lot- Commercial: None X Yes (describe) Residential: Number of dwellings 1 Duplex Apartments Date of Structure(s): all pre -date 7/72 or 1993 Building Permit Numbers: Previous Zoning Board Application Numbers 049 -11 combine yard sale parcel State below or attach a separate addendum of specific special permits or variance relief applying for: (SEE ATTACHED ADDENDUM) 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. Owner* Applicant *If an 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: —/J_ 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with Town Clerk: —/—/— Mailed :_ /_ /_ I&M_/_/_ &_/_/_ Hearing(s) held on :_/_/_ Opened on :_/_/_ Continued to:--J—/— Withdrawn:—/—/_ Decision Due By:_/_/_ Made.—/—/— Filed w /Town Clerk.—/—/— Mailed.—/--J— ADDENDUM Applicant, Marie E. Lemberg, is seeking a VARIANCE pursuant to Nantucket Zoning By -law Section 139 -32 from the provisions of Nantucket Zoning By -law Section 139 -16 (Intensity Regulations — minimum lot size, groundcover) in order to render the subject lot separately marketable and buildable from abutting property specifically at 55 Pochick Avenue (Map 79 -76). A parcel of land shown as Lots 1 -11 on Block 164 was conveyed by Bertram MacMannis in 1987 under Deed 287/273 to Elizabeth A. Rezendes on November 5, 1987. Subsequently, the parcel was split into two (2) parcels, Lots 1 -4, today known as 53 Pochick Avenue, and Lots 5- 11, today known as 55 Pochick Avenue. On January 14, 1991 the Nantucket Bank took the two (2) properties in one (1) Foreclosure Deed 358/83 from Alfred S. Rezendes, Trustee of South Shore Trust. The parcels were vacant at the time of foreclosure. As the lots were vacant at the time of the foreclosure and the Bank took ownership of the properties in one title and name, there is a question that the nonconforming lots may have merged under the provisions of the Zoning By -law. Had the lots been improved there would be in general no issue of merger. Nantucket Bank then conveyed vacant parcel 53 Pochick Avenue to current Applicant/Owner Marie E. Lemberg on May 28, 1992 in Deed 390/169. Nantucket Bank then also conveyed vacant parcel 55 Pochick Avenue to current owner Edwin A. Lemberg on May 28, 1992 in separate Deed 390/171 (the subject of a companion application to the ZBA for the same relief). Marie Lemberg obtained a validly issued building permit to construct a single - family home without comment from the Building Department in 1993 that there may be a merger issue with 55 Pochick Avenue. Subsequent permits were issued also without comment. Separate tax bills were sent, creating a separate identity from 55 Pochick Avenue which exists to the present. In addition, Special Permit relief was granted by the Zoning Board of Appeals in the Decision in File No. 049 -11 to validate a change in lot lines with the incorporation of a paper street conveyed by the Town of Nantucket to the property. No comment was made at the time of any possible merger issues with 55 Pochick Avenue. There is no possibility of merging 53 Pochick Avenue with 55 Pochick Avenue at this point as there are two (2) dwelling units on 55 Pochick Avenue and the lots are held in separate ownership and control. Merger would create further nonconformities as three (3) dwelling units would be contained on one (1) lot. 53 Pochick Avenue is under agreement to be sold and this matter needs to be corrected and validated through issuance of Variance relief and further eliminating the ability to merge the lots. The Locus is nonconforming as to lot size, with the lot containing about 15,304 square feet of lot area in the LUG -1 zoning district that requires a minimum lot size of 40,000 square feet and as to groundcover with the dwelling containing about 2791 SF in a district that allows a maximum groundcover of 1500 SF or 7% whichever is greater. The lot is conforming to the setback and frontage requirements of the Zoning By -law. Applicant is asking the Zoning Board of Appeals to validate the lot as presently configured, with the existing groundcover as separately marketable and buildable from adjacent land. The Zoning Board of Appeals has granted similar relief on many occasions over time and could support a grant of relief based on the unique circumstances affecting these lots, separate histories, shape of the lot, topography of the structure and extreme negative financial hardship that would be created should the Board require re- merger of the two (2) parcels. Further, there would be an increase in the nonconformity should merger be required resulting in three (3) dwelling units on one (1) parcel. There would be no detriment to the public good with allowing the two (2) properties to remain separately marketable and buildable as the situation has existed without negative impact since the dwellings were constructed on the lots, at least 24 years ago. There are other similarly sized lots along Pochick Avenue. I own ana County of NantucKet, MA z 1 7927 67 79 25 14 wEWEEDERAV w1v E AV Go gle Property Information Property 79127 ID Location 53 POCHICK AV Owner LEMBERG MARIE U 79163 PoHK KAV IS 79126.1 57 79126 iron "Aegn;ta MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT Town and County of Nantucket, MA makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map. Parcels updated December, 2014 Properties updated 12/15/2016 uecemoer l:), zu.io POCHICKAV 13 79125 79162 m u �, 1 " =130ft Town and County of Nantucket, MA December 15, 2016 V y_ POGHK:Kgy POCHICKAy Q' °°cr�KK.av u V IDntAY �y�.� RAV �AV 1 " =130ft y Property Information Property 79127 ID AOL Location 53 POCHICK AV Owner LEMBERG MARIE "joN °'to MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT Town and County of Nantucket, MA makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map. Parcels updated December, 2014 Properties updated 12/15/2016 i N nORTH W ZONE —J& I MIN LOT : 40.000 N FRONTAGE ; 100' u' v/G 7Z s FRONT YARD 35' W z d N SIDE /REAR YARD 10' 2= bI5TRr l5E plr I I ' l MAP PARCEL ! CRT 17422 77 LC PL AN 34745- I EDWARG C I FAWGETT I ! I P, II I Ali 2,; j Lill I I�J I I j�l II FOCHICK PRIVATE 40 A VENJE V / PhQ�P � 7603 310 W ry � v> AREA• n ` 0.4 ACRES n . yr9 / `9 Z 15823 51 OFFQF yy oT \ < 6 J 6 S 90iP41 O O< I \ A O \ TZ G -AX MAP 79 'ARCEL 25 I MARK MSG 15Z CERT. 24934 LG PLAN 40408 -A 9 W �1'� �� G n / �O > < t I � I I � 0 1 I i TAX MAP 79 PARCEL 75 \\ CL I� MTW NOMINEE TRUST O DEED BOOK 1497 PAGE 255 i J i PARCEL A5 DE5CfZ16ED IN DEED 600K 1455 PAGE 291 55 POCHICK AVENUE TAX MAP 79 PARCEL 76 DEED BOOK 1458 PAGE 291 PLAN 2 PACE 61 PLAN 2010 PACE 52 5CALE I' • 30 12 -13 - 2016 ACKME 5URVEY LL(, PO BOX 1448 NANTUCKET 02554 OWNER• VENIVIDIVIGI PROPERTY OEVELOPW-= INC.. 53 POLHC.K AVIIRWE TAX MA6 3 , PARCH. 76 DEEO 900K 103@ PR 291 PLAM 9040-57 0 90 N� < W C U r' � Y <3�0� 51-FJ M,15T MOVE TO CONFORM TO ZONINJ ''-0T5 SHOWN DO NOT CONTAIN AKEA5 5U5JELT TO PROTECTION UNDER T-E MA,55ACHJ5ETT5 WETLAND5 PROTECTION ACT WHICH ARE REQUIRED TO BE EXCLUDED -ROM LOT AREA. U1,DEK TH-_ NANTUCKET ZONING BY -LAW' 5I-r $-I'_ REQUIRED TO BE 5U5JEC' TO PROTECTION UNDER 57ATE AND LOCAL WET-4W) BYLAWS. i ETC"MYVTI.'^ OF Arrl- C K-ITY M0,Y DE 015TARCID THKOU64- A"L"T ION TO THE C0145ERVATION C.01WN 65 0d. APPROVE'_ ff)Y THE NANTU :KET °LANNING SOARi NO- FEOUIRED FILE NUMBER �w LL ry 4- w° < u' �Q^ o w I L L W �p p I 1 J I 2= bI5TRr l5E plr I I ' l MAP PARCEL ! CRT 17422 77 LC PL AN 34745- I EDWARG C I FAWGETT I ! I P, II I Ali 2,; j Lill I I�J I I j�l II FOCHICK PRIVATE 40 A VENJE V / PhQ�P � 7603 310 W ry � v> AREA• n ` 0.4 ACRES n . yr9 / `9 Z 15823 51 OFFQF yy oT \ < 6 J 6 S 90iP41 O O< I \ A O \ TZ G -AX MAP 79 'ARCEL 25 I MARK MSG 15Z CERT. 24934 LG PLAN 40408 -A 9 W �1'� �� G n / �O > < t I � I I � 0 1 I i TAX MAP 79 PARCEL 75 \\ CL I� MTW NOMINEE TRUST O DEED BOOK 1497 PAGE 255 i J i PARCEL A5 DE5CfZ16ED IN DEED 600K 1455 PAGE 291 55 POCHICK AVENUE TAX MAP 79 PARCEL 76 DEED BOOK 1458 PAGE 291 PLAN 2 PACE 61 PLAN 2010 PACE 52 5CALE I' • 30 12 -13 - 2016 ACKME 5URVEY LL(, PO BOX 1448 NANTUCKET 02554 OWNER• VENIVIDIVIGI PROPERTY OEVELOPW-= INC.. 53 POLHC.K AVIIRWE TAX MA6 3 , PARCH. 76 DEEO 900K 103@ PR 291 PLAM 9040-57 0 90 N� < W C U r' � Y <3�0� 51-FJ M,15T MOVE TO CONFORM TO ZONINJ ''-0T5 SHOWN DO NOT CONTAIN AKEA5 5U5JELT TO PROTECTION UNDER T-E MA,55ACHJ5ETT5 WETLAND5 PROTECTION ACT WHICH ARE REQUIRED TO BE EXCLUDED -ROM LOT AREA. U1,DEK TH-_ NANTUCKET ZONING BY -LAW' 5I-r $-I'_ REQUIRED TO BE 5U5JEC' TO PROTECTION UNDER 57ATE AND LOCAL WET-4W) BYLAWS. i ETC"MYVTI.'^ OF Arrl- C K-ITY M0,Y DE 015TARCID THKOU64- A"L"T ION TO THE C0145ERVATION C.01WN 65 0d. APPROVE'_ ff)Y THE NANTU :KET °LANNING SOARi NO- FEOUIRED FILE NUMBER N OP.TH w I! ZONE: LUC6 j ��FL MIN LOT 40,000 ` FRONTAE7E 100 — OBI L—J' Av < FRONT YARD 35 ` — SIDE /REAR YARD 10 I IJ ry z < it ^ Ii LpGUS' i i� i K 4 n w W ^" 115E IXLr d P, < 15rKT I I \ \ IL LU < I I I I I I I 0 I I TAX MAP 79 p GERT 1742.2 PARCEL 77 I- IU O O W I Eo PLAN 34745 -A WARD TAX MAP 79 PARCEL 128 li W -L C. FAWCETT WILLIAM A. BURKE GERT. 24295 NANCY J BOSSIDY I LC PLAN 41428 -A I PK _ P RI VAT_E __ 40 ._ .ry 4 1 j I y i i�lc: I \ �. 7, s `3i7� DWEL! ING 9Y l�l \ 'gOFy i�'� 3ry I I >y 6 A —J bi IX.STVr, F iR'1'p F 0/ A OQ AREA < \ 04 ACKES W 5,304 51 . z 'O w0 ,nw <3o'r�. d I 1~ 1 \, n I s F O 2 O 1 �sQ^ I ry }X o I4 x W �m�G� LL s G4, 7�e z I o c Z I CL/ I l TAX MAP 79 PARCEL 75 "UST I S MTW NOMINEE TR DEED BOOK 1497 PACE 265 LL \ I Ili I I I LOTS 5HOWN DO N✓ CONTAIN AREAS j 5U5xr-- TO PROTECTION UNDFP THE M1,55ACHJ5ETT5 WETLAN75 PROTECTION ACT WHICH ARE REQUIRED TG BE EXCLUDED FROM LGT AREA LNDER TIE NANTJCKET ZONING BY -LAW :3U- 5T1'_ REpUIRED TC BE SUBJECT TO j PROTECTION UNDER STATE AI'Fi WETLAND BYLAWS. DETEKM INAT101, O= APP'-I'A61LITY MAY BE OBTAI F- THROUGH APPLICATIOI, TO THE i3ON5EKVA. -ION C0MMI55ION APPROVAL P-'Y T-IE7 NANTUCKET ?_ANN NG S�A2 NOT PARLEI- OOME5INATION PLAN DATE 53 POCHIC.K AVENL)E FILE NJMBER TAX MAP 7' PARCEL 127 DEED BOOK 1418 PAGE 154 PLAN 2 °AGE 61 DEED 500K 1285 PAC c 214 PLAN 2010 PACE 52 SCALE 1, • 30 12 -13 -2016 ACKME 5URVEY _L(- PC BOX 1448 NANTUCKET 02554 OWNER MARIE L EMBEKG 53 POGHIC,K AVENUE~' Tlrr T,T - r�A T = it. ri.E WixE TAX MAP 79 PAKUL 127 �Pf_ 500K NIE PAGE IS6 5 &1.5r1Cx5 rW6L�5 t€ww MitiTFS_ PI_M 20ID -52 53 POCHICK AV Location 53 POCHICK AV Acct# 00007390 Assessment $1,519,500 Building Count 1 Current Value Valuation Year 2016 Owner of Record Owner LEMBERG MARIE Co -Owner Address 53 POCHICK AV NANTUCKET, MA 02554 Ownership History Owner LEMBERG MARIE LEMBERG MARIE E LEMBERG MARIE E NANTUCKET BANK REZENDES ELIZABETH TR Building Information Building 1 : Section 1 Mblu 79/ / 127/ / Owner LEMBERG MARIE PID 7390 Assessment Improvements $567,700 Land $951,800 Sale Price $0 Certificate 3,186 Book & Page 01418/0154 Sale Date 12/30/2013 Instrument 99 Total $1,519,500 Year Built: Ownership History Living Area: 3,186 Sale Price Certificate Book & Page Instrument Sale Date $0 01418/0154 99 12/30/2013 $2,500 01285/0214 13 07/11/2011 $30,500 00390/0169 1P 05/28/1992 $90,000 00358/0083 1L 01/14/1991 $160,000 00287/0273 IN 11/05/1987 Year Built: 1993 Living Area: 3,186 Replacement Cost: $598,306 Building Percent 94 Good: Replacement Cost Less Depreciation: $562,400 Building Attributes Field Description Style Colonial Model Residential Grade: Above Average Stories: 2 Stories Occupancy 1 Exterior Wall 1 Wood Shingle Exterior Wall 2 1,257 Roof Structure: Gable /Hip Roof Cover Asph /F GIs /Cmp Interior Wall 1 Drywall /Sheet Interior Wall 2 880 Interior Flr 1 Pine /Soft Wood Interior Flr 2 120 Heat Fuel Gas Heat Type: Forced Air -Duc AC Type: Central Total Bedrooms: 3 Total Bthrms: 4 Total Half Baths: 1 Total Xtra Fixtrs: Total Rooms: Bath Style: Average Kitchen Style: Modem Extra Features Building Photo (http://images.vgsi.com/photos/NantucketMAPhotos//\00\03\1, Building Layout Extra Features Code Description Size FP L3 2 STORY CHIM 1 UNITS Land Land Use Land Line Valuation Value $3,900 Leg -P` Bldg # 1 Building Sub -Areas (sq ft) Legend Gross Living Code Description Area Area BAS First Floor 1,257 1,257 FUS Upper Story, Finished 929 929 FBM Basement, Finished 1,257 880 TQS Three Quarter Story 160 120 WDK Deck, Wood 320 0 3,923 3,186 Extra Features Code Description Size FP L3 2 STORY CHIM 1 UNITS Land Land Use Land Line Valuation Value $3,900 Leg -P` Bldg # 1 lase Code 1010 Size (Acres) 0.35 Description Single Fam MO1 Frontage 0 Zone LUGS Depth 0 Neighborhood 550 Assessed Value $951,800 Alt Land Appr No Category Improvements Land Total Outbuildings Outbuildings Legend Code Description Sub Code Sub Description Size Value Bldg # SHD1 SHED FRAME 120 S.F. $1,400 1 Valuation History Assessment Valuation Year Improvements Land Total 2016 $551,900 $951,800 $1,503,700 2015 $432,200 $677,000 $1,109,200 2014 $432,200 $677,000 $1,109,200 2013 $429,000 $677,000 $1,106,000 2012 $339,900 $677,000 $1,016,900 (c) 2016 Vision Government Solutions, Inc. 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Pco4la- A- uCAru& E3 611nfametion Ajerb Parad 0079 -127 EffecOve0ate 1211NM16 towum °"ur0'tE° Name °YAPJM ° BLs Year Cat Bit NS Orig BiW Activity l r"w Bd Due Now 2016 RE-R 10473 ❑ 393930 - 393930 00 DO 2015 REA 5920 ❑ 2860.75 - 2860.75 .00 AO 2014 RE -R 58% ❑ 3125.74 -3125.74 .00 00 2013 REA 5851 ❑ 302190 - 302190 00 .00 2012 REA 5836 ❑ 378076 - 3780.76 .00 OD 2011 REA 5818 ❑ 3438A5 - 3438.45 00 .00 2011 RE-0 1000004 ❑ 291.77 -29177 AO 00 2010 REA 5775 ❑ 305158 - 305158 .00 m 2008 REA 5755 ❑ 3190A4 - 3190A4 .00 00 2008 REA 5706 ❑ 3086A0 - 3086AO .00 00 2007 REA 5658 ❑ ZM33 -28783 AO 00 2006 REA 5624 ❑ 248515 - 248515 m .00 2005 REA 5538 ❑ 2419.03 - 2419.03 00 00 2004 REA 5524 ❑ 213154 - 223154 00 .00 2003 RE -R 5514 ❑ 227309 - 2273.09 .00 00 2002 REA 5386 ❑ 206484 - 2084.84 .00 00 2001 REA 34370 ❑ 190538 - 1905.78 00 00 2000 RE -R 34359 ❑ 179505 -179505 00 00 1999 REA 34368 ❑ 181371 - 1813.71 .00 00 1998 REA 34367 ❑ 1510A3 - 1510.43 00 00 1997 REA 34366 ❑ 171870 -1718.70 AO 00 Wednesday, Dec 14, 2016 02:40 PM 7 O N O_ O N 0) OJ H � Q d CC C O 'C CO 0 ei E" m z an � 'o u Ci d w o� N D\ 0 4 e 0 a M r 0 0 0 O a� C 7 O u u Q e Y U x C6 M M O O � C a O a > o00 0 0 0 0 0 0 o f v; o in g o 0 0 y =eeo= Q " ti 'O � \ •� S 0 0 0 O� h y cid m GYa � a a � Zj O Q- p cc O •� ,�, a V7 'Z3 Er r y C O N m m m rn O N N N N N OOO a,Q �MaOR ZI I'D 7 7 F �NOI� �O\— �� S1 iL S1 d O -t3 4 0 >.000 �o WWW o m U ,oSQ [„ U v�roo & a ° vQj Q b o o W d M ? — > > >> Q Q a � r �W N ti Z Vj ry W� a ► ` w Z FWr w O v� in M Q a 0000r N -oN I o O ram Vi W r > � 00kn o 00 r M a o a en A 'f C�� U 00000 o CY M V w ohm � Q Y v CQ x haw v O F c 00 r a U E W Q r ►W. I.W.I N ,: d �. e V1 MONO L O jj W 0 ;. y -- 00 ° W �W�w w x= wwwvA L. Or U 4 ....� W e� wwwe z m - Cc Bk: 01291 Pg: 306 Bk: 1291 Pp• 308 Pipe 1 of 4 Doc: SP /09/2011 11:63 AM TOWN OF NANTUCKET BOARD OF APPEALS 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 LIM61ERG 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. �J. S. 'j.G C %) Edward S. Toole, Chairman cc: Town Clerk Planning Board Building Commissioner /Zoning Enforcement Officer PLERSIZ NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIM 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. Bk: 01291 Pg: 307 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) �0) Lots 1-4 Block 164 Book 17, Page 146 Plan Plan Book 2, Page 61 Deed Book 390, Page 167 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 concert, 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. Bk: 01291 Pg: 308 S. 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.(g) 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 19,904E square feet. SIGNATURE PAGE TO FOLLOW Dated: Bk: 01291 Pg: 309 Edward Toole aine 4B4ottilcellji �t I i iV Ln - "; �NA i COMMONWEALTH OF MASSACHUSETTS County of Nantucket, ss. On this 17 day of 2011, before m the undersigned notary public, personally appeared . 0", (a) _T 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 s r signed on the preceding or attached document, and acknowledged gTj$sin�► Y signed it voluntarily for its stated purpose. 9 N I IV Aa N R R G N pLEFIK �v'l" `• .` ��s�?TUC ;fie ,jam �E�R A Y `' ',j�f Y iA' AY tA`'ifS HAVE RAPSED AFTER - Z = THE SON AS IyED Oi THE OFFICE Of 7 W is s - VAT NO APPEAL TO CRt�r HAS BEEN r=; t t i ; t1U Slf' T'D GENERAL LAWS 40A 5ECTM 11 TOWN CLERK 9 N I IV Aa N R R G N 14ASSACHUICM OUITCLAIN OtmD OIbRT PORN 4WOOlOIOUAL) NI BOOK 287 PASE27.3 WE, BERTRAM R. MacMANMIS a /k /a BERTRAM R. MacMANNIS, JR.. and WILLIAM M. BURKE, as tenants in common, of 8 St. Jades Place, Rovayton, Connecticut 06853, , . I mesfaon.� h for cmtiderstion paid, and in full consideration of *$160 ,000.00 gratrtto ELIZABETH A. REZENDES. Trusts* of South Shore Trust u /d /t dated October e 28. 1987, and recorded in Book .447 Page 41 at the Vent ck8� Registry of Deede, of Unit PIE, Bayberry Square. 1645 Routs 28. Centervilld,MA/ vm d !/rlMglld dtehndin Nantucket Tam and County. Massachusetts, situate at 50 Boulevard. Surfside, and bounded and described as follovs: wmalMie...+.l.R+ neon Haar] Lots one (1) through eleven (11), inclusive, in Block 164 in the surfside section of Nantucket, Massachusetts. shown on the Plan of Surfside, recorded in Book of Plans 2, Page 61 at the Nantucket Registry of Deads, being approximately .61 acres. For our title see Deed of William J. Devine, Trustee of the Mills Land Trust. recorded in Book 263, Page 11 at the Nantucket Registry of Deeds. {NANTUCKET LAND BANK FEE- COMM CLNVVALTH OF MASSACINKETTf D Ex�m� DE Exempt 'I. E 4w - t1AtR1GSTfiN _- W, a eiulull ------- nut..... and seals this...........`.......... dsy of..... 4et... It�iL.P. -... Z... l �� .i�rfe eb i! �CjGtrwvflef Be tram R. MacMarmis a/fi/ rte" R. ..................... I ........ .............. MacMannlaf Jr................... ............. ..... .................................... ............................... William t. Burke ............ .............................. STATE OF CONNECTICUT ltalrfisld ss �c'f �lC�f 6� /itllnu+t�ta y! �7a t . 'char personally appeared the above nosed William M. Burks and admovledged the foregoing instnunent to be h ree act and before q�. O� % . ; c.. RAW11M "- MIN TY 11L':-.!VCd and 00sq`d r.�: a.,0y P. fit. , NOW Pthlk NAWrw +tub 1'L•G'�L `tom "P 4TM(W t+cly►s+teP (ehWiTi� _ � T� 51r1Aii%H 31.1803 CHAPM 185 SEC. 6 AS Mft.NDW BY CHAPTER 4" OF 1969 Ewte� dead ter /*cad .hall oxWin a !Butt mdaaed rpal it dw fall Iona. atddmm adpa� eioa addle/ d n6e IprYr and a rtcint the analNm d the full asaahkraion tlleleof b detbn a the mutt of dw, other Me,idnatfaa bme/ar. H eat daNwwd Jet a srperci&e xww" a s. The in" am"welwien still meat the dow for tw ao wgmw btdNat dedaaalan !ar my liar a anrtlllhr,ntea um1! br _t4 parree a naNI hoe a aem AL wdi I and adab " M m mlid r pn of M ii Mime m asmplr with uu mrtiat d" toe sfed dw tdNkr d ate dad. No aeaipv of dmda tW anl�lpt a Ind !a wardil5 eatmr it 6 in, mpYtnae witY the m-tl onamw of d& nwm. r a 0 N� • 3y V "AV= a "hV" M W rr1 lIW w►rrm w ene" A. .l N 1pOR`El� ••ITCT -ATM nRRn NANTUC= HAWK, a banking corporation duly established in the Commonwealth of Massachusetts, having its usual place of business at 104 Pleasant Street, Nantucket, Massachusetts 02554, in consideration of THIRTY THOUSAND FIVE HUNDRED AND 00/1028 1/2. ($30,500.00) DOLLARS paid, grants to HAM E. L�ffiERG, Pleasant Street, Nantucket, Massachusetts 02554, with QUITCLAIM COVENANTS, That certain parcel of land, situated in Nantucket Nantucket County, Massachusetts, bounded and described as follows: PARCEL 413E Lots one (1) through four (4), inclusive• in Block 164 in the Surfaide f Sr fak�sa es68hown� tt Surfside ,ecordedinBookofplan2, p g at M ucket Registry of Deeds, being approximately 6,969 square feet. The above described prenises are subject to and have the benefit of all rights, rights of way, restrictions, easements, road takings and reservations of record, insofar as the same are now in force and applicable. For title see Deed recorded in Hook 287 Page 273, Nantucket County Registry of Deeds. IN WITNESS WHEREOF the said Nantucket Bank has caused its corporate seal to be hereto affixed and these presents to be signed in its name and behalf by Hillis P. 50ari6aa, 3r. this day 28 of May, 1992. NANTUCKET BANK (� 6 vii■ By: William P. Roarihaa r. �r0.390ha17f1 COMMO MALTR of MLSSACHVSZTTs Nantucket, on. May 28, 1992 Than persamally appeared the above named VinUm p. s"ribn. Jr. and acknowledged the foregoing instrument to be the fs'acC:�and deed of the Nantucket Bank, before me, a .;...;!.... . y Notary blic }- My Commission Expires: -10-"5 7 uwswrc awrads ® err• �AO.00 tW 281992 3:Ah iW11Tt1M COU N vim M QiAD M rem &ITO= Mw ravr • w"w u 90" rar an�� W*AMM rm some war •sa�ar �� l�j•J�r�.. i �� mom• ,,�� . ' �� 'i.� Lt ;. Q� MAY{N. -&We& &nerve„ .... . wr�,pp w u,r. . \Y. n. .M.• WHEREAS Alfred S. Rezendes as Trustee of South Shore Trust did by mortgage deed, dated June 22, 1969 and recorded in Nantucket County Registry of Deeds in Book 327 Page 216 convey the premises hereinafter described to Nantucket Bank and whereas in an by said mortgage deed the grantee therein named, or its assigns, were authorized and empowered, upon any default in the performance or observance of the condition of said mortgage, to sell the said premises with all improvements that might be thereon, at public auction in Nantucket, Massachusetts first publishing a notice as therein required, and to convey the same by proper deed or deeds to the purchaser or purchasers absolutely and in fee simples and whereas there has been such default, and notice has been published, and a sale has been made, as will more particularly appear in and by the affidavit hereto to be subjoined. NOW THEREFORE KNOW ALL MEN that the said Nantucket Bank by virtue and in execution of the power contained in said mortgage deed as aforesaid, and of every other power it hereto enabling, and in consideration of the sum of NINETY THOUSAND AND 00 /100 ($90,000.00)•DOLLARS to it paid by Nantucket Bank of 104 Pleasant Street, Nantucket, Nantucket County, Massachusetts the receipt whereof is hereby acknowledged does hereby grant, bargain, sell, and convey unto the said Nantucket Bank the premises conveyed by the aforesaid mortgage deed, namely: The land with the buildings thereon situated in Nantucket, Nantucket County, Massachusetts bounded and described as follows: Lots one (1) through four (4), inclusive, in Block 164 in the Surfside Section of Nantucket, Massachusetts shown on the Plan of Surfaide, recorded in Book of Plans 2, Page 61 at the Nantucket Registry of Deeds, being approximately 6,969•8gnare feet. Lots five 451 through eleven (11), inclusive, in Block 164 in the Surfside section of Nantucket, Massachusetts, sham on the Plan of Surfside, recorded in Book fPlately,1Page 61 at th Nantucket Registry of Deeds being app The above described premises are subject to and have the benefit of all rights, rights of way, restrictions, easements, and road takings and reservations of record insofar as the same are now in force and - applicable. TO HAVE AND TO HOLD the same to the said Nantucket Bank, its heirs and assigns, to its use and behoof forever. IN WITNESS WHEREOF the said Nantucket Bank has caused its corporate seal to be hereto affixed and these presents to be signed in its name and behalf by William P. Nourihan, Jr- its Senior Vice President this 3- day of December in the year one thousand nine hundred and ninety. Signed and sealed in the presence of iI'1 r�'r Ar NANTUCKET BANK COMMONWEALTH Or MASSACHUSETTS Nantucket, as- December 3. , 1990 Than personally appeared the above named WILLIAM P. NOURIHAN, JR.Senior Vice President and acknowledged the foregoing instrument to be the free act and deed of the NANTUCKET BANK, before me, . `• t� .' My Comission Expires: it -:;-9T wAves a usyss ror , n -. r ^'f. • rf a, F I p 11 IOUt/tluCl►iti 085 AFFIDAVIT I. William P. Nourthan, Jr. the Senior vice President and duly authorised agent of Nantucket sank on oath depose and say, on behalf of the said Corporation, that default has bean made in the Payment of the principal and interest mentioned in the condition Of the mortgage deed above refarred.to, the said principal and interest not having been at the time when it became payable, or at any time, paid or tendered to any person authorized to receive the mama: and that, pursuant to the provision of said mortgage deed and to the requirements of the Statutes of the Cos[[onwealth of Massachusetts, the said Nantucket Bank published on the 25th day Of October, 1990 and the lot and sth days of Nuvember. 1990 in the Inquizer and Mirror a newspaper published In Nantucket ator9Nid. a nOtic9 of which the following is a true copy; WLOOFMAUTAT rL Al Y ied of 7i�t,l[,,sh�� Y 9e=at- b knbafs dmes, s , r �dmyf w� IMhP . .� ad Arch alum of JIM fiaRvme the wv.f � wvn N •N. YY\ \.\Y. 11 IOUt/tluCl►iti 085 AFFIDAVIT I. William P. Nourthan, Jr. the Senior vice President and duly authorised agent of Nantucket sank on oath depose and say, on behalf of the said Corporation, that default has bean made in the Payment of the principal and interest mentioned in the condition Of the mortgage deed above refarred.to, the said principal and interest not having been at the time when it became payable, or at any time, paid or tendered to any person authorized to receive the mama: and that, pursuant to the provision of said mortgage deed and to the requirements of the Statutes of the Cos[[onwealth of Massachusetts, the said Nantucket Bank published on the 25th day Of October, 1990 and the lot and sth days of Nuvember. 1990 in the Inquizer and Mirror a newspaper published In Nantucket ator9Nid. a nOtic9 of which the following is a true copy; WLOOFMAUTAT rL Al Y ied of 7i�t,l[,,sh�� Y 9e=at- b knbafs dmes, s , r �dmyf w� IMhP . .� ad Arch alum of JIM fiaRvme the wwae a w, to t „e.mm".4..w .9 ,� W.IIY.1 �•nqt I also casplied with Massachusetts General Laws Chapter 244, Section 14, by wailing the required notices, certified wail, return receipt requested, to the parties entitled to such notice. And I further depose and say that, pursuant to said notice and at the time and place therein appointed, the said default still continuing, the said Nantucket Bank sold the premises conveyed by said mortgage deed at public auction by Mark S. Tower, a duly licensed auctioneer of C/O Joseph Finn Co., Inc. 188 Needham Street, Newton, Massachusetts to Nantucket Bank of 104 Pleasant Street, Nantucket, Massachusetts, for the sum of NINETY THOUSAND AND 00 /100 ($90,000.00) DOLLAR$ which said amount was bid by the said Nantucket Bank and was the highest bid made therefor at said auction. WITNESS my hand this 3(� day of December 1990. COMIONNEALTH OF MASSACHUSETTS Nantucket, as. December 3. , 1990 Than personally appeared the above named Willial uouri! Jr. before me, and made oath that the foregoing surA�arib„, statement by his is true, s: My Commission Expires: ie-V -9r aw:UCV-r!.J.0seat ef'"OKM f. •.es NANTUC MY COUNTY JAN 1 "ate' "�`”' ammed Tj '13 PM At1Mt PepJ6N1► J115 Bk: 01285 Pg: 214 ll �� i Bk: 1285 Pq: 214 Page: 1 of 3 Doc: DD 07/11/2011 11:05 AM QUITCLAIM DEED Parcel One, Harriet Street, Nantucket, Massachusetts The TOWN OF NANTUCKET, a Massachusetts municipal corporation having a principal place of business at 16 Broad Street, Nantucket, Nantucket County, Massachusetts acting by and through its Board of Selectmen (the "Grantor "), in consideration of Two Thousand Five Hundred and 00 /100 Dollars ($2,500.00), receipt of which is hereby acknowledged, pursuant to the authority of Article 77 voted upon at 2010 Annual Town Meeting held on April 6, 2010, a certified copy of which is attached hereto, grants to MARIE E. LEMBERG of 55 Pochik Avenue, Nantucket, Massachusetts 02554 (the "Grantee"), with QUITCLAIM COVENANTS, that certain plot of land shown as Parcel One, Harriet Street, shown on a plan of land entitled "Taking Plan of land in Nantucket, MA, Harriet Street (F.K.A. Prospect Street), Town of Nantucket, Prepared for. Town of Nantucket," dated September 8, 2010, recorded with Nantucket County Registry of Deeds as Plan No. 2010 -52. The premises hereby conveyed is a portion of Harriet Street in Nantucket, Massachusetts, and contains approximately 4,600 square feet of vacant land (the "Parcel "). The Grantor's conveyance of this Parcel is based in part on the Grantee's warranty and representation to the Grantor that such Parcel shall be used for residential purposes only and shall, for all intents and purposes, be combined with and considered as one parcel with all abutting lots previously acquired by Grantee pursuant to Deed as shown on Town Assessor Map 79, Parcel 127 and shown as Lots 1-4 on Block 164 on the Plan of Surfside recorded with said Deeds in Plan Book 2, Page 61 (collectively with the Parcel, the "Combined Premises "), and that no part of such Parcel or the Combined Premises shall hereafter be used for non - residential purposes nor divided, subdivided or conveyed as a separate parcel or parcels. Accordingly, the Parcel hereby granted to the Grantee is conveyed subject to permanent restrictions coupled with a reversionary interest hereby reserved to and held by the Grantor, forever restricting the Parcel and Combined Premises to residential use, prohibiting the division or subdivision of any portion of the Combined Premises, and prohibiting the conveyance or use of any portion of the Combined Premises apart from another portion of the Combined Premises, and automatically effectuating a reversion of the Parcel to the Grantor, if within twenty -four (24) months of the date of this Deed, the Parcel has not been merged with the Grantee's existing property in accordance with the Town of Nantucket By -Laws and statutes These restrictions shall run with the title to the Combined Premises, and no part of the Combined Premises shall be hereafter used, conveyed, divided or subdivided in a manner inconsistent with these restrictions unless the Grantor, in addition to any other permission required by law, grants to the Grantee or to all their successors, heirs and assigns, such Grantor's prior written release for such use, conveyance, division or subdivision and recorded with said Deeds. By accepting and recording this Quitclaim Deed, the Grantee expressly agrees to the Grantor's reservation of, and otherwise grants to the Grantor, such restrictions on the use of the Bk: 01285 Pg: 215 Combined Premises. These restrictions shall be enforceable for a term of 200 years from the date hereof, and all of the agreements, restrictions, rights and covenants contained herein shall be deemed to be "other restrictions held by any governmental body," pursuant to G.L. c. 184, §26, such that the restrictions contained herein shall be enforceable for the term of 200 years and not be limited in duration by any contrary rule or operation of law. Nevertheless, if recording of a notice is ever needed to extend the time period for enforceability of these restrictions, the Grantee hereby appoints the Grantor as its agent and attorney in fact to execute and record such notice and further agrees that the Grantee shall execute and record such notice upon request. The undersigned certifies that there has been full compliance with the provisions of G. L. c. 44 §63A. 160. No deed stamp taxes are due on this conveyance pursuant to G.L. c. 64D, § 1. For Grantor's title, see Order of Taking recorded with said Deeds in Book 1249, Page EXECUTED under seal this _ day of 2011. COMFICATE Pw TOWN OF NANTUCKET BY ITS BOARD OF SELECTMEN • (1J Rick Atherton ,�w & Whiting Wiilauer vI Patricia Roggeveen AY,Z> Michael K p Robert DeCosta Bk: 01285 Pg: 216 COMMONWEALTH OF MASSACHUSETTS Nantucket, ss On this �_ day of 2011, before me, the undersigned Notary Public, personally appeared RicItAiOrton, Whiting Willauer, Patricia Roggeveen, Michael Kopko, and Robert DeCosta as Members of the Board of Selectmen of the Town of Nantucket, proved to me through satisfactory evidence of identification, which was personal knowledge, to be the persons whose names are signed on the preceding or attached document, and acknowledged to me that they signed it voluntarily for its stated purpose as the free and deed of the Board of Selectmen of the Town of Nantucket. Notary Public My Commission Expires: ERIKA DAVIDSON IMIDONEY 428537/NANT/19712/0002 Ndwy Pubft • J.. • •'1; NOVOM r 17, 1017 n dD R fT to �s A S '•C N A P 7O R' N � Q �p �Ap 6 N Bic: 01418 Pg: 154 1 Bk: 1418 Pg: 154 Page: 1 of 4 Doc: RELEASE 12/30/2013 02:6: RELEASE DEED The TOWN OF NANTUCKET, acting by and through its Board of Selectmen, a Massachusetts municipal corporation, having offices at 16 Broad Street, Nantucket, Massachusetts, for consideration paid and in full consideration of ONE AND NO /100 ($1.00) DOLLAR, grants to MARIE LEMBERG of 53 Pochick Avenue, Nantucket, Massachusetts, 02554 all of Grantor's right, title and interest, if any, in and to that portion of property located at 53 Pochick Avenue, shown as Lots one (1) through four (4), inclusive, in Block 164 in the Suriside Section of Nantucket, Massachusetts shown on the Plan of Surfside, recorded in Book of Plans 2, Page 61 at the Nantucket Registry of Deeds, being approximately 6,969 square feet. This conveyance is made without any covenants of title of any kind or nature whatsoever. This conveyance is made without monetary consideration to confirm Grantee's record title to said Lots one (1) through four (4), inclusive in Block 164 in Book of Plans 2, Page 61. This conveyance is made pursuant to the authority of Article 81 adopted at the April, 2012 Nantucket Annual Town Meeting, a certified copy of which is attached hereto, and to Chapter 334 of the Ads of 1980. The conveyance hereby made has been completed in full compliance with the requirements of MGL CH 30 B. Bk: 01418 Pg: 155 In witness whereof the undersigned set their hands and seals this L day of 2013 on behalf of the Town of Nantucket. Town of Nantucket By and through its Board of Selectmen: Izi a-�L I Rick Atherton Bruce D. Mil4er kie-f Matthew G. Fee t ' 6 Tobias lidden COMMONWEALTH OF MASSACHUSETTS County of Nantucket On this 1g day of peter» bC,r 2013, before me, the undersigned notary public, personally appeared Rick Atherton, Robert DeCosta, Bruce D. Miller, Matthew G. Fee, and Tobias B. Glidden, as members of the Board of Selectmen of the Town of Nantucket, proved to me through satisfactory evidence of identification, which was personal knowledge of the undersigned, to be the persons whose name are signed on the preceding or attached document, and acknowledged to me that they signed it voluntarily for its stated purpose as the free and deed of the of the Board of Selectmen of the Town of Nantucket. ,,, ;,•�,, wwrucKEr LAW etc v , a0`f. CErzT1WATE Official Signature and Seal of tjotary Public r w OPWas My Commission expires' ERIKA DAVIDSON M00NEY ; - � aZ9 12 t3 Not" P"�� b COMMONWEXTH OF MpSSACHt�EIT6 My commission wires November 17, 2017