The URL can be used to link to this page

Home My WebLink AboutZA 015-14 11 Union StreetC y��9pOHAi�o REC -TED TOWN OF NANTUCKET ZONING ADMINISTRAT6ii 1 �;1 NANTUCKET, MASSACHUSETTS 02554- N CLE? Date: October 17, 2014 To: Parties in Interest and Others concerned with the Decision of The Zoning Administrator in the Application of the following: Application No: ZA 15 -14 owner /Applicant: Steven L. Cohen, Trustee of the FAO Realty Trust (u /d /t dated February 3, 2014, recorded at Book 1423, Page 280) Enclosed is the CLARIFICATION AND TECHNICAL CORRECTION of the above- referenced 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 ' See Book 1450, Page 91 for the original Decision. TOWN OF NANTUCKET NANTUCKET ZONING ADMINISTRATOR 2 Fairgrounds Road Nantucket, Massachusetts 02554 11 Union Street Book 1423, Page 284 Assessor's Map 42.3.1 Parcel 44 Plan No. 2014 -12 Residential Old Historic (ROH) CLARIFICATION AND TECHNICAL CORRECTION to DECISION: On August 14, 2014, the Zoning Administrator granted the Applicant's request for relief to alter the main dwelling based on a determination pursuant to Nantucket Zoning By -Law § 139- 33A(1)(b) that the proposed alteration, extension, and structural change to the pre - existing non - conforming structure does not increase its non - conforming nature. That decision (see below *) specified that the work included an increase of existing second story space to a small portion of the structure sited within the setback, and also noted that it included a new foundation, shingles and trim at the full perimeter, including along the entire length of southern side within the setback. The Applicant seeks clarification that the relief granted includes approval to demolish and rebuild a portion of the structure now within the setback, as well as to raise the structure and the construction of a new basement. * THE ORIGINAL DECISION, AS FILED WITH THE TOWN CLERK ON AUGUST 14, 2014, AND RECORDED ON SEPTEMBER 15, 2014 IN BOOK 1451, PAGE 91 ON FILE WITH THE NANTUCKET COUNTY REGISTRY OF DEEDS, IS BELOW IN MODIFIED FORM. 1. Upon review of the Application submitted by the Applicant, the Zoning Administrator determined pursuant to Nantucket Zoning By -Law § 139 - 33.A(1)(b) that the proposed alteration, extension, and structural change to the pre - existing non - conforming structure does not increase its non - conforming nature. 2. The Applicant proposes to alter the main dwelling within the existing footprint. A portion of the structure to be altered, approximately 49 square feet of the southwestern corner, is sited within the southern side yard setback. The work consists of demolition and reconstruction of part of the westerly (rear) section of the structure, a portion of which lies within the setback. The reconstructed section will be raised to allow for a new foundation, the construction of a new basement, and an increase of existing second story space. This second story addition will not have any windows or decks. This addition, while resulting in a vertical extension of the setback intrusion, will be no closer to the side yard lot line than the existing structure. Applicant also propose$ new shingles and trim at the full perimeter, including along the entire length of southern side within the setback. The proposed alterations are shown on plans, approved by the Nantucket Historic District Commission in Certificate of Appropriateness No. 61481, entitled "HDC Site Plan", drawn by Ethan McMorrow, dated May 30, 2014, a reduced copy of which is attached hereto and marked as "Exhibit A ". 3. The Locus is an undersized lot of record, and is therefore pre - existing nonconforming with respect to lot area, having a lot size of 4,340 square feet in the ROH zoning district where minimum required lot size is 5,000 square feet. It contains a main dwelling, a cottage, and a garage with a total ground cover ratio of about 41.4 %, where 50% is allowed. The main dwelling is sited as close as 1.5 feet from the southern side yard lot line at its closest point where the minimum side yard setback is five (5) feet. The cottage is sited as close as 1.45 feet from the western rear yard lot line and 1.52 feet from the northern side yard lot line, at its closest points, where the side and rear yard setbacks are five (5) feet. The premises contain one (1) parking space where two (2) are required. These nonconformities pre -exist the 1972 adoption of Nantucket's Zoning By -law. 4. The Locus formerly contained three (3) separate dwelling units whose existence was grandfathered. The main dwelling contained two dwelling units and the cottage a third dwelling unit where two dwellings are allowed. However, the current configuration contains one dwelling unit in the main southernmost structure, the structure to be altered, and the cottage contains one dwelling unit, rendering the locus compliant as to number of dwellings allowed pursuant to Section 139 -7.B. Applicant's predecessor in title sought and received prior relief by Special Permit (Decision No. 068 -05, modified by Decision No. 100 -06) to allow, 1) relocation of the third dwelling unit from the main building, then a duplex structure, to the cottage; 2) alteration of the structures within the setback; and 3) an increase in ground cover to 50 %. While the second kitchen was removed and the third dwelling abandoned in 2008, the rest of the expansion plans were never implemented. The current owner and applicant does not seek to exercise that relief, which has expired by statute. 5. Although the height of the structure would increase within the required five (5) foot setback area, it would come no closer to the southern side yard lot line than the existing structure. Therefore, because the proposed alterations will not result in an increase to the pre- existing non - conforming side yard setback, the Zoning Administrator finds that the proposed work will not increase the pre - existing nonconforming nature of the Locus. ZA Decision No. I5 -14 — Clarification and Technical Correction 11 Union Street Assessor's Map 42.3.1 Parcel 44 Residential Old Historic (ROH) Book 1423, Page 284 Plan No. 2014 -12 Eleanor Weller Antonietti Zoning Administrator COMMONWEALTH OF MASSACHUSETTS Nantucket, ss On the day of 2014, before me, the undersigned notary public, personally appeared 6C2 cqi og (_Ajg_j x_ r'Q- VI+gVl i e_4+t , 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. / v V1, Not4 Public: My Commission Expres: l Cor LYNELL D. VOILANS Notary Pubiic nmonwealth of Mwsnchuseffs My Commission Expires December U, 2018 Cl) CD Z Z Nal n cf) 5 x 1 LLI rf) wi a------- - - - - -- -------------- ------- --- -- so V OIA[i� b 10 IBM% sRRygssR 1, .3 �T A ! a 2 /\ P § §, K� n§ / / ` � LU7® , ! § |§ \kE §\ /M§ )Ud 2 /[ t §| } |� .,� § „!. |�!( .3 | ■; 2 12H |. j|| |!| ! | |! §§ [ §|| |�!! | :i�!