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Home My WebLink AboutZA 027-14 1 Black Walnut Lane 3 Black Walnut LaneDate: December 31,-2014 To: Parties in Interest and Others concerned with the Decision of The Zoning Administrator in the Application of the following: Application No: ZA 27 -14 Owner /Applicant: John F. Welch, Jr. & John F. Welch, III, as Trustees of JEW Nominee Realty Trust 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) z2o �_ Eleanor Antonietti Zoning Administrator cc: Town Clerk Building Commissioner /Zoning Enforcement Officer 1 NANTUCKET ZONING ADMINISTRATOR 2 Fairgrounds Road Nantucket, Massachusetts 02554 1 Black Walnut Lane 3 Black Walnut Lane Assessor's Map 48, Parcel 1.9 Assessor's Map 48, Parcel 1 Limited Use General -3 (LUG -3) DECISION: Certificate of Title 18140 Certificate of Title 19921 Shown as Lot 16 Shown as Lot 7 Land Court Plan 9314 -H 1. Upon review of the Application submitted by the Applicant, the Zoning Administrator determined pursuant to Nantucket Zoning By -Law Section 139 - 33.A(3) that the various alterations to the pre- existing nonconforming lots will neither increase an existing nonconformity nor create a new nonconformity and, as such, are not substantially more detrimental to the neighborhood. 2. Applicant owns two adjacent lots, pre- existing the insertion of the regularity factor formula pursuant to Nantucket Zoning By -law 139 -16.1) which requires a that the regularity factor of any lot be no less than 0.55. 3. The subject parcels consist of: a. 1 Black Walnut Lane, Assessors Map 48, Parcel 1.9, shown on Land Court Plan 9314 -H as Lot 16 ( "Parcel 1.9 "); b. 3 Black Walnut Lane, Assessors Map 48, Parcel 1, shown on Land Court Plan 9314 -H as Lot 7 ( "Parcel I"). The existing regularity factor of Parcel 1 is 0.50 while that of Parcel 1.9 is 0.35. Although the lots, as currently configured, do not conform to the regularity factor, they are exempt therefrom pursuant to Section 139 - 16.1)(3), which states, "The regularity formula shall not apply to lots recorded or endorsed prior to April 15, 1980." Lots 7 and 16 were a part of an approved definitive subdivision shown on Land Court Plan No. 9314 -H dated January 11, 1978. 4. Applicant seeks to modify the lot lines between the two parcels by adding a portion of Parcel 1.9 (Lot 16), known as 1 Black Walnut Lane, to Parcel 1 (Lot 7), known as 3 Black Walnut Lane. The addition of this approximately 10,000 square foot parcel, shown as Lot 16B on plan entitled "Proposed Subdivision of Lot 16; Land Court Plan # 9314 -H ", dated October 29, 2014, and prepared by Earle & Sullivan, Inc. and attached herewith as "Exhibit A ", will provide for additional ground cover for 3 Black Walnut Lane. 2 5. The lot line changes will not affect the portion of the lots containing the existing non - compliant Regularity Factor Formula calculation, which includes required frontage and excludes that part of the lot area in excess of the required minimum lot area of 120,000 square feet as it applies to the LUG -3 zoning district. As such, the combination of Lot 16B with existing Lot 7 would not increase the regularity factor of either Parcel 1.9 or Parcel 1, as the road frontage must be included within the area for the computation, and the road frontages of the lots are not contiguous. Consequently, the change in lot lines will not affect the regularity factor computation on either lot. 6. Therefore, the Zoning Administrator finds that the reconfiguration of the locus, by virtue of an alteration of lot lines between the two adjacent parcels, will neither increase the existing nonconformity nor create a new nonconformity and furthermore, it will not be substantially more detrimental to the neighborhood than it was before the modification of the lot lines referenced above. SIGNATURE PAGE TO.FOLLOW ..... ................ 9 I Black Walnut Lane 3 Black Walnut Lane Assessor's Map 48, Parcel 1.9 Assessor's Map 48, Parcel 1 Limited Use General -3 (LUG -3) Certificate of Title 18140 Certificate of Title 19921 Shown as Lot 16 Shown as Lot 7 Land Court Plan 9314 -H Eleanor Antonietti Zoning Administrator COMMONWEALTH OF MASSACHUSETTS Nantucket, ss On the . day of Deet ft Ae— , 2014, before me, the undersigned notary public, personally appeared Iel. kyw R- AA 4-D A i L4+. , 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. C_� � _>e_V_P _Q, 4 0 � A �j = Notary /Public: Myst�Comm'kfi[ piV6LLANS WNotary Public Commonwealth of Massachusetts My Commission Expires December 28, 2018 L= 27.75' Ssy. r ` \R= 25.00' CO 2 Ai ipe J3, g1• N o° N 90.00'00" E 0.34' N 2 �a g_ J ^ rn N i yn' O iD ryary� � A J Ln m_ O A N � I m t U) C v �1 2N 11 FIELD 141�NE M. OEA 19314— L L.G Ac PL- KENN LOT 8� W 336 82 S 02680 \\ 48 -1 I JFW NOMINEE REALTY TRUST I CERT. #18140 LOT 7 / AREA= 198,699.±S. F. l AREA = 120,001 S.F. / r-0.50 �h /0° \\ �ill9• N 88'42'01" W 383.00' 48 -29 SANKATY HEAD GOLF CLUB INC s�. *e l�p�q"(�gy Z AREA- i20,013±S.F. c r =0.35 / o \ / REGULARITY FACTOR REQUIREMENTS. SUBDIVISION Ot L=422-83'- R= 164.20 �`p�;n Mfr 48 -1.9 CURRENT ZONING: JFW NOMINEE ,REALTY TRUST RICHARD CERT. f 79921 MINIMUM LOT SIZE: LOT 16A G� � K. AREA= 196,770fS.F. LOT 168 AREA- 10 .000±S.F. 48 -5 T TRUST INC. 48 -28 SANKATY HEAD GOLF CLUB /NC. `C,6vie IT A` NOTES: 1) LOTS 7 & 16 PREDATE APR. 15. 1980 REGULARITY FACTOR REQUIREMENTS. SUBDIVISION Ot PLAN RECORDED JAN. 11, 1978. �`p�;n Mfr 2) LOT 168 IS TO BE COMBINED WITH LOT 7 CURRENT ZONING: LUG -3 RICHARD FOR ZONING AND BUILDING PURPOSES. MINIMUM LOT SIZE: 120,000 S.F. G� � K. MINIMUM FRONTAGE: 200 FT. FILE PROPOSED FRONTYARD SETBACK: 35 FT. �o NEA 8 Q sFCrr:n�� SUBO/ COT 16 SIDE AND REAR SETBACK: 20 FT. Fs ,� LAND COURT PLAN /' 9314 -H ALLOWABLE G.C.R.: 3% L �Kyc SCALE. 1' =700' I DA7E.•OC7. 29, 2 EARL£ d SUUJVAN. INC C' 100• 200' 300 PRtrFSSrCWAL LAND SURIEYVRS 6 Z'VGS WAY NAN7VOrET, MA 02554 50e - .1.12 -4808 ES -2