The URL can be used to link to this page

Home My WebLink About ZA 02--18 36 Western AvenueNANTUCKE TC"11N CLERK o�,�ANTUC/-Fr�N 2016 FEB 28 PM 1s 31 y�OgAo�V TOWN OF NANTUCKET ZONING ADMINISTRATOR NANTUCKET, MASSACHUSETTS 02554 Date: February 23, 2018 To: Parties in Interest and Others concerned with the Decision of The Zoning Administrator in the Application of the following: Application No: ZA 02-18 Owner/Applicant: 9 SWAIN STREET, LLC Property Description: 36 Western Avenue 87/133 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) -X69� 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 36 Western Avenue ZA Decision 02-18 Assessor's Map 87, Parcel 133 Certificate of Title No.26651 Residential 20 (R-20) Shown as Lots A-1 & A-5 Limited Use General 2 (LUG -2) Land Court Plans 8597 & 8597E DECISION: 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 garage structure by renovating and replacing the existing foundation. The structure will be no closer to the front or side yard lot lines than the existing structure as a result of the proposed alterations and no new nonconformities will be created. The proposed project has been granted Historic District Commission approval by virtue of Certificate of Appropriateness 69545. 3. The Locus, as shown on plan entitled, "Existing Conditions Plan in Nantucket, Massachusetts", dated September 7, 2017, and prepared by Bracken Engineering, Inc., a reduced copy of which is attached hereto as "Exhibit A", is a long narrow oceanfront lot having split zoning. The northern buildable portion of the locus, where the existing garage and dwelling are located, is zoned Residential 20. The southern portion is zoned Limited Use General 2 and has a restricted buildable area due to a coastal dune extending south of the split zoning line. Zoning By-law Section 139-5 (Determination of boundaries) was recently amended by virtue of passage of Article 19 at the Special Town Meeting on November 6, 2017. The amended Section 139-5.F now reads: When a boundary line between zoning districts divides a lot in single ownership and the line does not fall within 30 feet of a lot line, each portion of the lot shall be governed by the use and yard setback requirements of the zoning district in which it is located. Ground cover shall be applied to the entire lot and shall be the combined total of the ground cover allowed for the portion of the lot in each zoning district in which it is located. 4. The premises contain approximately 79,425 square feet of lot area. Minimum lot size in the R-20 is 20,000 square feet and maximum allowable ground cover is 12.5%. Minimum lot size in the LUG -2 is 80,000 square feet and maximum allowable ground cover is 7%. The property is improved with a 968 square foot single family dwelling and the subject 302 square foot garage structure for a total existing ground cover 1,270 square feet. 5. The garage structure is said to have been built circa 1950, prior to the 1972 adoption of the Nantucket Zoning By -Law and, as such, is pre-existing nonconforming with respect to the intensity regulations pursuant to Section 139-16.A. Specifically, in a district which requires a minimum ten (10) foot side yard setback and minimum thirty (30) foot front yard setback, the single story garage structure is sited roughly 1.6 feet from the westerly side yard lot line and 11.2 feet from the northerly front yard lot line at its closest points. 6. The proposal consists of a replacement of the existing slab foundation and structural renovation of the garage without any change in footprint or ground cover. The ridge height of the garage will increase from roughly fourteen (14) feet to eighteen (18) feet. Although the alteration and expansion will result in a slight vertical extension of the side and front yard setback intrusions, the structure as so altered shall be sited no closer to either lot line than the existing structure. 7. Based upon the foregoing, the Zoning Administrator finds that the proposed alterations and vertical expansion of the garage sited within the front and side yard setbacks 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 condition: a) The proposed alterations shall be performed in substantial accordance with Certificate of Appropriateness No. 69545 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 Z,5 day of hih % 2018, before me, the undersigned notary public, personally appeared Eleanor Weller Antonietti, 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. Notary u lic: 97LESMLIEMWOO SON SNELL(VOTARY PUBLIC9 MMONWEALTH Cv MASSACHUSETTS Comm. Expires Sept 28, 2018 3 EXHIBIT A 1,-1=r, ®�1 ` yoa `B E Z� I I a Q N o' w �j,TlLyg y� w"2 ow L'JI'aE �w �a n +oa ,ons Z an J n n rco r^`n 0p �o�On x z !2Ll 698 �d �N8g yew a m i _i O ¢ . Q w IS AOUV,� 3 m is �SZW Uw p ci �c4!'<-p'i'' V' �N ,n000v�f: $ Q �_ y �U a L 2 _ w oma �N «WN R6'. 0 a ns Z ea o5 z mm=�yN �z vai< k' •• $ Jpp <"' .. .. .. � N �8oZ< my�cZ00 U O 19 wQQ� of V > Q 4[ F O� v nl F- Y} Y O 0 y, U eek (� •--J a- -0 r v rc rc N<o<�\ pa�(n a Z wrc� qq 8 8 Z Q °< R w OrcZO_<p C' Y. Q i w Z V�Vw�'�il� UK omm ti Jwd'NK7min ss1 (n Z q ONOJi aii o w V ok C E X X Z 8 G7 M r 6 ,C np2 2 bi s d W 3 rasis aywa rn f S tae p a� �F. f S