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Home My WebLink AboutZA 04-19TOWN OF NANTUCKET ZONING ADMINISTRATOR NANTUCKET, MASSACHUSETTS 02554 � t �. Date: October 28, 2019 To: Parties in Interest and Others concerned with the Decision of The Zoning Administrator in the Application of the following: Application No:;V 04-19 Owner: SVARGALOKA, LLC Applicant: LINDA WOOD and SARA SHLOSSER-O'REILLY, Trustees, 20 WILLARD STREET REALTY TRUST Property Description: 5 Elbow Lane Map 73.2.4 Parcel 43 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) Eleanor Weller An-tbnietti, Zoning Administrator cc: Town Clerk Building Commissioner/Zoning Enforcement Officer TOWN OF NANTUCKET NANTUCKET ZONING ADMINISTRATOR 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 73.32.4, Parcel 43 Certificate No. 23267 5 Elbow Lane Land Court Plan 14927-A Sconset Residential One ("SR -1") ZA Decision No. 04-19 DECISION: 1. Upon review of the Application submitted by the Owner, Svargaloka, LLC, and Applicants, LINDA WOOD and SARA SHLOSSER-O'REILLY, as Trustees of the 20 WILLARD STREET REALTY TRUST, under Declaration of Trust dated May 12, 1998, recorded with Nantucket Registry of Deeds in Book 575, Page 226, the Zoning Administrator determined, pursuant to Nantucket Zoning By -Law (the `By-law") § 139- 33.A(1)(b), that the proposed extension, alteration, and change to the pre-existing, nonconforming structure on a conforming lot will not increase the nonconforming nature of the structure and will not create any new nonconformities. 2. The Applicants propose to renovate the existing one and one-half story, wood -frame primary dwelling (the "Dwelling") on the Locus, including adding shed dormers and a gable dormer within pre-existing, nonconforming portions of the Dwelling that are located in the front yard setback, and making other changes to portions of the Dwelling that are conforming and do not require relief, such as removing a chimney and a skylight and adding an addition of about 125 square feet with a new roof line and an outdoor shower, all in accordance with Certificate of Appropriateness No. 73042 issued by the Nantucket Historic District Commission, as the same may be modified and amended from time to time. The Applicants also propose to make additions to the secondary dwelling on the Locus that are conforming and do not require zoning relief. The Locus is situated at 5 Elbow Lane, is shown as Parcel 43 on Assessor's Map 73.2.4 and upon Land Court Plan No. 14927-A. Evidence of owner's title is registered on Certificate of Title No. 23267 at the Nantucket County District of the Land Court. The property is located in the Siasconset Residential One ("SR -1") zoning district. 3. The primary and subject Dwelling was constructed circa 1800 and, as such, is a validly pre- existing, nonconforming structure. It is pre-existing, nonconforming as to side yard setback, being sited as close as about 3.9 feet from the side yard lot line where a minimum five (5) foot side yard setback is required and as to front yard setback being sited as close as about four (4) feet from the front lot line where a minimum front yard setback of ten (10) feet is required. The secondary dwelling on the Premises (the "Cottage") was constructed circa1978 and, as a result, is considered a pre-existing, nonconforming lot under Mass. Gen. Laws c. 40A, §7. It is nonconforming as to side yard setback, being sited as close as 3.8 feet from the side yard lot line, and as to front yard setback, being sited as close as 4.9 feet from the front lot line. The Locus is also pre-existing, nonconforming as to parking, providing one parking space where two are required, and as to scalar separation between primary and secondary dwellings, having a separation of 6.6 feet where a ten -foot scalar separation is required. The Locus and the structures on it are otherwise conforming to the dimensional requirements of the By-law, including rear yard setback, ground cover, and height. The Locus has the benefit of relief by special permit and variance in File No. 019-11 by virtue of decision dated July 15, 2011, registered with Nantucket Registry District as Document No. 134432; however, with the passage of the amendments to Mass. Gen. Laws c. 40A, §7 in 2016, such relief is no longer necessary and can be abandoned. 4. The proposed shed dormers and gable dormer are within pre-existing, nonconforming portions of the Dwelling that are located in the front yard setback, and, as such, these dormers are an extension of, and an alteration to, the pre-existing, nonconforming Dwelling, but will not increase the nonconforming nature of the Dwelling or create any new nonconformities. 5. Based upon the elevations prepared by McMullen & Associates, revised through September 4, 2019, and the proposed conditions site plan drawn by Bracken Engineering, Inc., dated October 11, 2019, copies of which are attached hereto as "Exhibits A and B", respectively, the Zoning Administrator finds that the proposed work will not increase the nonconforming nature of the structure and will not create any new nonconformities and hereby issues the permit as requested. Following its renovation and expansion, the Locus will continue to be conforming as to use, ground cover, rear yard setback, and height, but will remain nonconforming as to front and side yard setback, parking, and scalar separation between the primary and secondary dwellings, as to which it is validly pre-existing, nonconforming. No nonconformity will become more nonconforming, and no new nonconformities will be created. 6. 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; b. The proposed alterations shall be performed in substantial accordance with HDC Certificate of Appropriateness No. 73042, as the same may be amended from time to time; and C. The proposed alterations shall be performed in substantial compliance with the proposed conditions plans attached herewith as "Exhibits A & B". 3 Eleanor Weller Antonietti Zoning Administrator COMMONWEALTH OF MASSACHUSETTS Nantucket, ss On the day of 019, before me, the undersigned notary public, personally appeared Eleanor Weller Antonietti, the above-named Zoning Administrator of Nantucket, Massachusetts, onally known to me to be the person whose name is signed on the preceding document, an cknowledged that she signed the foregoing instrument voluntarily for the purposes there* essed. or Notary My Comm ssion Expires: �7�rJ ✓►`�^'� �1 L'% 4 'EXHIBIT A' LF -3-0 13SNODSVISawl mom 9 01 SNOI.LIQQd 18 SNOUVIdallv -ILL +.y t FM F. F. F' F F• F. 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