The URL can be used to link to this page

Home My WebLink AboutZA 01-18 12 Westminister St3�t�ANTUC/i-�.��9. RM y�o9pQ�o`�1 l� TOWN OF NANTUCKET L ZONING ADMINISTRATOR NANTUCKET, MASSACHUSETTS 0255' .X W � - Date: February 12, 2018 To: Parties in Interest and Others concerned with the Decision of The Zoning Administrator in the Application of the following: Application No ZA 01-18 Owner/Applicant: W. CHRISTOPHER MORTENSON, JR. & WINIFRED M. MORTENSON, TRUSTEES, MORTENSON FAMILY NOMINEE TRUST Property Description 12 Westminster Street 42.4.3/39 Enclosed is the Decision of the Zoning Administrator which has this day been filed with the office of the Nantucket Town Clerk. An Appeal from this Decision to the Zoning Board of Appeals may be taken pursuant to Nantucket Zoning Bylaw Section 139-29.C.(3) Any action appealing the Decision must be brought by filing a notice of appeal, specifying the grounds thereof, with the Town Clerk, pursuant to Nantucket Zoning Bylaw Section 139-29.C.(6) i Eleanor Weller Antonietti, Zoning Administrator cc: Town Clerk Building Commissioner/Zoning Enforcement Officer TOWN OF NANTUCKET NANTUCKET ZONING ADMINISTRATOR 2 Fairgrounds Road Nantucket, Massachusetts 02554 12 Westminster Street ZA Decision 01-18 Assessor's Map 42.4.3, Parcel 39 Book 1141, Page 307 Residential Old Historic (ROH) Plan Book 21, Page 70 DECISION: 1. Upon review of the Application submitted by the Applicant, the Zoning Administrator determined pursuant to Nantucket Zoning By -Law Section 139-33.A(1)(b) that the proposed alteration, extension, and structural changes to the pre-existing non -conforming structure upon the pre-existing nonconforming locus do not increase the non -conforming nature of the structure or the locus. 2. The Applicant proposes to alter the pre-existing nonconforming dwelling by building a single story 78 square foot addition and outdoor shower on the south and west elevations of the structure, portions of which are sited within the five (5) foot rear and side yard setbacks. The dwelling will be no closer to the yard lot lines than the existing structure as a result of the proposed alterations and addition and no new nonconformities will be created. The ground cover of the expanded dwelling will be roughly 1,432 square feet for an overall increased ground cover ratio of 35.7%. The proposed project has been granted Historic District Commission approval by virtue of Certificate of Appropriateness 69396. 3. The Locus, a corner lot with double frontage onto Academy Lane to the north and Westminster Street to the east, is pre-existing non -conforming as to lot size. Specifically, the locus is an undersized lot of record having an approximate lot area of 4,765 square feet in the Residential Old Historic ("ROH") zoning district where minimum required lot size is 5,000 square feet. The property is improved with a roughly 1,354 square foot single family dwelling and a 270 square foot garage structure for a total existing ground cover ratio of approximately 34.1 % where 50% is allowed. 4. Both structures are said to have been built prior to the 1972 adoption of the Nantucket Zoning By -Law and, as such, are pre-existing nonconforming with respect to the intensity regulations pursuant to Section 139-16.A. Particularly, in a district which requires a five (5) foot minimum side and rear yard setback distance, the house is sited on or over or closer than five (5) feet to the westerly rear yard lot line at various points and as close as 4.8 feet from the northerly side yard lot line. The single story garage structure, which is 2 not undergoing any alterations, is sited as close as 1.2 feet from the southerly side yard lot line. 5. The proposal, as shown on plan entitled, "Proposed Conditions Site Plan to Accompany A Zoning Board of Appeals Application", dated January 10, 2018, and prepared by Blackwell & Associates, Inc., a reduced copy of which is attached hereto as "Exhibit A", consists of a 78 square foot single story addition and outdoor shower to be constructed on the south and west elevations of the dwelling. Although the alteration and expansion will result in an extension of the westerly side yard setback intrusion, the addition shall be sited no closer to the westerly lot line than the existing structure. 6. Based upon the foregoing, the Zoning Administrator finds that the proposed alterations and expansion consisting of an approximately 78 square foot addition and outdoor shower to a portion of the structure sited within the westerly rear yard setback, all as shown on "Exhibit A", will not increase the nonconforming nature of the dwelling structure or the locus, and will not create any new nonconformities and hereby issues the permit as requested. This approval is subject to the following conditions: a. There shall be no exterior construction between Memorial Day and Labor Day of any given year relative to the construction contemplated under this decision; and b. The proposed alterations shall be performed in substantial accordance with Certificate of Appropriateness No. 69396 granted by the Nantucket Historic District Commission, as the same may be amended from time to time. Eleanor Weller Antonietti Zoning Administrator COMMONWEALTH OF MASSACHUSETTS Nantucket, ss On the 12 day Of Fe%ruaW20}8, before in,;, the undersigned notary public, personally appeared F (vanor elder t%)+ohl&I , the above-named Zoning Administrator of Nantucket, Massachusetts, personally known to me to be the person whose name is signed on the preceding document, and acknowledged that she signed the foregoing instrument voluntarily for the purposes therein expressed. An'to -Z. (:�%, DORIS C. STRANG NoteryPublic Ot Public: *my Commonwealth of MassachusettsMy Commission Expires: ( v [per q 202 Commission Expires October 9, 2M "EXHIBIT A" 4o �o 6 -f2i�i F y2w 10 tl@` 'o, O°' me n' pyE3 uia U t ^d sd Z. o�€g�� s �YJ You o l 5� 8 i � R � � o o � o H o 12 3 a ' / 8 V errs d N�3p �S' �/• erg 4 M �UC Z ?� gwm q v ' li 0 Egg 13 41 g� am 0y n S .it 2 m5 U m�b o<�� rr¢rC•j 3< U� m�j aK Hz G 40— 1 + o 41 Fo vi ri ctK I ri o' N N id ��itin YN �ZO ��y.. ib � �W�nd `I✓ Z pFm Zpp��NVypI yyZ�� p y��1 HO �4�NU �K-WOmVIW b J C 3 k�] C 22 F /