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Home My WebLink AboutZA 022-14 45 Easton StreetuckFy. Q 9�ia 1-- RECE1YED TOWN OF NANTUCKET ZONING ADMINISTRATOR ;,�y:14 C ERK' NANTUCKET, MASSACHUSETTS 02554 Date: November 28, 2014 To: Parties in Interest and Others concerned with the Decision of The Zoning Administrator in the Application of the following: Application No: ZA 022 -14 Owner /Applicant: BRANT POINT, LLC 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) leanor 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 42.4.1 Parcels 58 45 Easton Street Residential One (R -1) DECISION: Book 1455 Page 207 Plan Book 23, Page 8 Lot 2 1. Upon review of the application submitted by the Applicant for the above - referenced property, it was determined by the Zoning Administrator that, pursuant to Nantucket Zoning By -Law Section 139- 33.A(1)(b), the proposed alterations, extensions, and structural changes to the pre- existing non - conforming structures do not increase the nonconforming nature of said structures. 2. The Applicant is proposing alterations and renovations to the existing structures within the buildable portion of the property. The work consists of raising both structures approximately eighteen (18) inches in order to comply with AE Flood Zone requirements; relocating the secondary dwelling on the lot, and; building various additions to both the primary and secondary dwellings. While the extensions, alterations, and additions will take place within the setbacks, they will neither create new non - conformities nor increase existing setback encroachments. The secondary dwelling will be relocated to the southwest of its current siting, entirely outside of the setbacks. The renovated and relocated structure will be compliant as to 20% scalar separation, pursuant to Section 139 -2, and as to all other dimensional requirements of the zoning bylaw. The proposed alterations have been granted Historic District Commission approval by virtue of Certificates of Appropriateness No. s 62618 and 62667. 3. The locus is a corner lot with double- frontage on Easton Street to the south and Willard Street to the east, as shown on plan entitled, "As -Built Plot Plan in Nantucket, Massachusetts ", dated October 6, 2014, prepared by Emack Surveying, LLC a reduced copy of which is attached hereto as `Exhibit A ", and has a lot area of 5,003 square feet. The property contains two structures which are pre- existing nonconforming as to setbacks and an overall ground cover ratio of 25.9% where 30% is allowed. The primary dwelling, with an existing ground cover of approximately 854 square feet, was constructed in 1985 at a time when the required ten (10) foot front yard setback had to be maintained from only one abutting street or way, rather than from both streets or ways. However, the Bylaw was amended in 1992 such that structures on a lot in the R -1 zoning district abutting two or more streets or ways, 2 whether constructed or not, must maintain the minimum ten (10) foot setback from each street or way. The primary dwelling is sited 7.8 feet from the front yard setback (Easton Street) and 8.1 feet from the easterly side yard setback ( fronting on Willard Street) where a ten (10) foot setback is required pursuant to Section 139- 16.C(3). This structure benefits from prior Special Permit relief granted in Board of Appeals Decision No. 02 -07. Said relief was granted pursuant to Sectionl39- 16.C(2) to validate the siting of the front stoop and stairs within the front yard setback. The deck intrusion into the easterly side yard setback along Willard Street was found to be pre- existing nonconforming by virtue of the aforementioned zoning bylaw amendment. 4. The secondary dwelling, said to have been built prior to the 1972 adoption of the Nantucket Zoning By -Law, has a ground cover of approximately 444 square feet and is sited (four) 4 feet from the rear yard setback and 6.4 feet from the side yard setback (Willard Street) and is pre- existing nonconforming with respect to the zoning regulations in the Residential One (R -OH) Zoning District. This structure will be rendered zoning compliant by virtue of its relocation on the lot. 5. The elevation of the structures to meet with flood zone code requirements will increase the height to approximately 29.6 feet for the primary dwelling and to 15.9 feet for the secondary dwelling where the maximum allowable height is thirty (30) feet pursuant to Section 139 -17.A. This change will result in a vertical extension of the setback intrusions for the primary dwelling. However, it will be no closer to the front and side yard lot lines than the existing structure. 6. Further alterations and additions to the primary dwelling consist of 1) rebuilding the front stoop and stairs within the front yard setback but no closer to Easton street than the existing stoop and stairs; 2) building a 66 square foot addition on the northwest side of the building outside the setbacks; 3) building a new porch and stoop on the north and east sides of the structure, also outside the setbacks, and 4) enclosing the 120 square foot existing deck sited within the easterly setback fronting on Willard Street. None of these alterations will result in an increase in the front or side yard setback intrusions. The overall ground cover resulting from the alterations and renovations will be approximately 29.6 %. 7. Therefore, because the proposed alterations will not result in any additional setback or other nonconformities, the Zoning Administrator finds that the proposed work will not increase the nonconforming nature of the structure and will not be substantially more detrimental to the neighborhood. SIGNAI,URE PAGE TQ FOLLOW ............. ................ Assessor's Map 42.4.1 Parcels 58 45 Easton Street Residential One (R -1) Book 1455 Page 207 Plan Book 23, Page 8 Lot 2 Eleanor Weller Antonietti Zoning Administrator COMMONWEALTH OF MASSACHUSETTS Nantucket, ss On the 5Z$4'" day of �JO�ItMV f.Q- , 2014, before me, the undersigned notary public, personally appeared Et e c hoe W f.(WL Ayt- p � LA 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. of A,u c) y �e� Notablic: My Commissioi rxpireLYNELL D. VOLLANS * t Notary Public Cornmonweaith of Massachusetts My Commission Expires December 28, 2018 4 i�516 49t, N?- `C FN NiF P . �� a ti a Uy 04 4 IF, W- FND BENT �O DHCB .51 A- FN -p N v I p t, ti3 911, Z. F� W LOT 2 5,003 ± SF k \} 1 ' vy� c9 Ur / f N 'o. 'a 1 k IF, a cp.. k FND N a°. 50 53 �+Qv o 3.10 �J / -z'-/- A. SMACK ND. 3T= CURRENT ZONING: R -1 NOTE: DWELLINGS DO NOT CONFORM TO CURRENT ZONING MINIMUM LOT SIZE: 5,000 SF WITH RESPECT TO FRONT, SIDE, & REAR YARD REQUIREMENTS MINIMUM FRONTAGE: 50 FT SEE SPECIAL PERMIT RECORDED IN DBK 1070, PG 73. FRONTYARD SETBACK: 10 FT SIDE AND REAR SETBACK:5 FT (10 ft from all streets) ALLOWABLE G.C.R.: 30% EXISTING G.C.R.: 25.9% ± 2 STY DWELLING G.C.: 854 SF ± 1 STY DWELLING G.C.: 444 SF± FOR PROPERTY LINE DETERMINA11ON THIS PLOT PLAN RELIES ON CURRENT DEEDS AND PLANS OF RECORD, VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON. THIS PLAN IS NOT REPRESENTED TO BE A TITLE EXAMINATION OR A RECORDABLE SURVEY: I HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE THAT THE PREMISES SHOWN ON THIS PLAN ARE LOCATED WITHIN THE AE (EL 7) ZONE AS DELINEATED ON THE "FIRM" OF COMMUNITY NO, 250230, MASSACHUSETTS, EFFECTIVE: JUNE 9, 2014, BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. AS —BUILT PLOT PLAN IN NANTUCKET, MASSACHUSETTS SCALE: 1 " =20' DATE:OCT f, 2014 DEED REFERENCE: DBK 223, PG 171 PLAN REFERENCE: PLBK 23, PG 8 ASSESSOR'S REFERENCE: MAP: 42.4.1 PARCEL: 58 PREPARED FOR: BRANT POINT, LLC and BRIDGEWATER SAVINGS BANK EMACK SURVEYING, LLC 2 WASHAMAN AVENUE NANTUCKET, MA. 02554 (508) 325 -0940 J -1253