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Home My WebLink AboutZA 05-19otpN7UC/,E .� N 9p°AA��o TOWN OF NANTUCKET ``• ZONING ADMINISTRATOR 00 NANTUCKET, MASSACHUSETTS 02554 Date: December 13, 2019 To: Parties in Interest and Others concerned with the Decision of The Zoning Administrator in the Application of the following: Application No: 05-19 Owner/Applicant: 56 Vesper Lane LLC Property Description: 56 Vesper Lane Map 56 Parcel 20.2 Owner/Applicant: Nicker Mercier, Trustee 56 Vesper Lane Realty Trust Property Description: 2 Somerset Road Man 56 Parcel 20 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 Antonietti, 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 56 Parcel 20 Book 1648, Page 104 2 Somerset Road Lot A on Plan No. 2018-53 Assessor's Map 56 Parcel 20.2 Book 1675, Page 215 56 Vesper Lane Lot B on Plan No. 2018-53 Residential Twenty (R-20) Lots 1 & 2 on Plan No. 2019-62 DECISION: Upon review of the application submitted by the Owners/Applicants for the above - referenced properties, it was determined by the Zoning Administrator pursuant to Nantucket Zoning By -Law Section 139-33.A(3) that the proposed alteration to the pre- existing nonconforming lots will neither increase an existing nonconformity nor create a new nonconformity and, as such, is not substantially more detrimental to the neighborhood. 2. The Locus consists of two adjacent lots, known as 2 Somerset Road and 56 Vesper Lane, having been created pursuant to Massachusetts General Laws Chapter 41, Section 81P based upon the exception in M.G.L. Chapter 41, Section 81L for lots containing two or more structures which predate the local adoption of the subdivision control law in 1955. They are shown respectively as Lot A and Lot B upon Approval Not Required ("ANR") plan, endorsed by the Planning Board (File #8271) on September 10, 2018, recorded at the Nantucket Registry of Deeds on September 21, 2018 as Plan No. 2018-53, and attached herewith as "Exhibit All. 3. The original lot, shown as Lot 1 on Plan Book 21, Page 37, contained 20,234 sq. ft. in the Residential Twenty (R-20) zoning district, where minimum lot size is 20,000 sq. ft. and was improved with a single family dwelling, a garage, and a shed. The location of the garage near the center of the original lot necessitated the placement of a non-linear lot line between the subdivided lots. The single family dwelling is located on Lot A, known as 2 Somerset Road, having an existing lot area of approximately 9,868 square feet and dimensionally conforming double frontage onto Somerset Road (west) and Vesper Lane (north) where minimum required frontage is seventy-five (75) feet. The garage and shed have recently been removed from now vacant Lot B, known as 56 Vesper Lane, having an existing lot area of approximately 10,365 square feet and 81.09 feet of frontage on Vesper Lane. 4. The Owners/Applicants now seek to alter the irregular lot line between these pre-existing nonconforming undersized lots of record by virtue of a swap of equal lot area to straighten out the shared lot line. An ANR plan recorded as Plan No. 2019-62, endorsed by the Planning Board (File #8393) on September 8, 2019, shows "Parcel A" having an approximate lot area of 122 sq. ft., "Parcel B" having an approximate lot area of 196 sq. ft., and "Parcel C" having an approximate lot area of 74 sq. ft. The proposed alteration of the pre-existing nonconforming lots consists of an even swap of "Parcel A" & "Parcel C" (196 sq. ft.) for "Parcel B" (196 sq. ft.). The swap will result in newly configured Lot 1 (56 Vesper Lane) and Lot 2 (2 Somerset Road) with the lot areas of each property unchanged, all as shown upon Plan No. 2019-62, attached herewith as "Exhibit B". 5. Therefore, the proposed alteration and re -configuration of the pre-existing nonconforming lots into Lot 1 and Lot 2 by virtue of an even swap of 196 square feet will neither increase the nonconforming nature of the lots nor create any new nonconformities and will regularize a non-linear shared lot line between 56 Vesper Lane and 2 Somerset Road. 6. Based upon the foregoing, the Zoning Administrator finds that the properties, to be altered as proposed, resulting in the newly created Lot 1 & Lot 2 as shown on the above - referenced "Exhibit B" plan, shall retain their status as . pre-existing nonconforming lots with respect to lot size but will not be made more nonconforming and, furthermore, the proposed alteration will not result in a new nonconformity. Accordingly, the proposed re -configuration of the lots may be allowed by virtue of the determination that it will not be substantially more detrimental to the neighborhood. El anor eller Antonietti Zoning Administrator COMMONWEALTH OF MASSACHUSETTS Nantucket On the day of _tP Pt wt.jg�, 2019, 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 thereiE_q_zLrn end. N�t5ry Public: "a VI -7-ro ccc I My Commissio E ires: MEGAN TRUDE! Notary Public COMMONWEALTH OF MASSACHUSETTS Bey Commission Expires On May 08, 2020 "EXHIBIT A" Z Q JWP JLij t✓ W Q J Z Q h 7 N � o ov! Eli J ILJ -,:c "1 OZv�W�aaZc�nwmm tL w x 0 4 WZi i< U YNZZ�W m CL O o 2ZN NNU <Oze �R W O oho �¢ I Hl 3lGVIHVA o 13S�3W OS o �6 4 'd O 2l 4-b o O �y e t✓ � o ov! 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