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Home My WebLink AboutZA-01-15 45 Easton Street Brant Point LLCTOWN OF NANTUCKET ;� ,, �, �.r� 24 ZONING ADMINISTRATOR f'`. CLERK NANTUCKET, MASSACHUSETTS 02554 Date: January 13, 2015 To: Parties in Interest and Others concerned with the Decision of The Zoning Administrator in the Application of the following: Application No: ZA 01 -15 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) 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 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 structure do not increase the nonconforming nature of said structure. 2. The Applicant is seeking to modify prior relief as it pertains to alterations and renovations to the primary dwelling within the buildable portion of the property. The locus benefits from relief granted in Zoning Administrator Decision No. 022- 14 ( "2014 Decision "), recorded at Book 1466, Page 238 on file with the Nantucket Registry of Deeds which found that proposed alterations to both the primary and secondary dwellings would not result in any additional or increased setback or other nonconformities. The proposed revised alterations have been granted Historic District Commission approval by virtue of Certificate of Appropriateness No. 62991. 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% in the Residential 1 (R -1) zoning district 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, 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 southerly front yard lot line (abutted by Easton Street) and 8.1 feet from the easterly side yard lot line (abutted by Willard Street) where a ten (10) foot setback is required 0 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 Section 139- 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 as a result 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 northerly rear yard lot line and 6.4 feet from the easterly side yard lot line (abutted by Willard Street) and is pre - existing nonconforming with respect to the zoning regulations in the R -1 district. This structure will be rendered zoning compliant by virtue of its relocation on the lot. 5. The Applicant is requesting a modification to a portion of the proposed work on the primary dwelling which has been granted prior Zoning Administrator relief, as referenced above. Specifically, the 2014 Decision allowed the applicant to enclose the 120 square foot existing deck, sited within the easterly setback fronting on Willard Street. Applicant is now seeking to increase the square footage of this addition from 120 square feet to 135 square feet. While this change will result in an extension of the setback intrusion, the primary dwelling will be no closer to the easterly side yard lot line than the existing structure. Therefore, as with the prior proposed work, this alteration will not result in an increase in the side yard setback intrusion. The overall ground cover resulting from the alterations and renovations to both the primary and secondary dwellings will be approximately 29.96 %. 6. Therefore, because the proposed alterations, as shown on plan entitled, "Site Plan", dated December 31, 2014, prepared by McMullen & Associates, a reduced copy of which is attached hereto as "Exhibit B ", will not result in any additional setback or other nonconformities, the Zoning Administrator fmds that the proposed work will not increase the nonconforming nature of the structure and will not be substantially more detrimental to the neighborhood. SIGNATURE PAGE TO ......... ..... 3 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 J,�3 day of 2015, before me, the undersigned notary public, personally appeared eLAn . 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. Notdry Public: / My Commission Expires: 10 Iq ✓ �00_2 O d� DORIS C. STRAND — p = Notary Public p• _ r' Massachusetts Commission Expires Oct 9, 2020 rr�w �`nv 4 A -�6 P5�,��yR , ¢ `C FN IP FND a P FND BENT R�SOglS, CW Nr Y. z 'p,4 F� m —. DHCB ,r FND sq`.r skod? LOT 2 5,003 ± SF a .1, k \CO. A' k �Jg' (5�vloll l I"EXHIBIT A" d �s a 0. �k FND D, ROE3E+� CyG A. ° EMACK N No. T7730,Q E�QS�q�" 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 DETERMINAIION THIS PLOT PLAN RELIES ON CURRENT HEEDS AND PLANS OF RECORD, VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON. THIS PLAN IS NOT REPRESENTED TO BE A TITLE EXAMINATION OR A RCCOROASL.E 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. N.B. 20/108' AS —BUILT PLOT PLAN IN NANTUCKET, MASSACHUSETTS SCALE: 1 " =20' DATE:OCT 6, 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, HC and BRIDGEWATER SAVINGS BANK SMACK SURVEYING, LLC 2 WASHAMAN AVENUE NANTUCKET, MA. 02554 (508) 325 -0940 J- 1253!. U 0 z .ImI ur. ki1R urAnrxwTrn anomk Mww Hunt rsrcerw iL14ART .TAR.i AAtlA.T 0111N M I FA. � iTm• n..n id e'd r� >r� RA7Ey/RE 40vAT® 2—W M—VMA ING PORON NBI ADDITION STARS .'1 M 'WMAGK MOP OTAIR mnu saulA aele.w Hal r'k.l'a.lr us m sacs inAArn m. 1ay>m •nklale. m.wl •1C k.o'O MnQd o..lmMSOUSr.M Ae orlar IRJIwI mp 3 3 rs>welet.eelAal n.Al Dent our RK r000-s.c. enMaT uw o rsr Yom' x fCA tl4 Lif[ � 611N 1lIA10 FIR IB WT.bDtWl. MAW i REVISED 12 -31 -14 oe.T6 .box I Neu. Wsr�ewVerck atYi GY.liM AMT e....� EASTON STRM � ?— e SITE PLAN GRAPHIC SCALE: d rid Nd ZBA SUBMISSION LEGEND: EXISTING RENOVATED GROUND COVER: NEW ADDITIONS WITN GROUND COVER. NISW ADDITIONS WITNWT GROUND COVER. TNU! 617E PLAN FROM. 'ASOXT PLOT PLAN IN NANWOM. MASS' SY ®44= SURVEYING LLC NO J-M DATE. OCTOSM 6,20M A6605GOWS MAP. 47.4.E PARCB 66 DEW REFERENCE BOOK 775. PAGE h PLAN REFERENCZ BOOK 7I. PAC[ S I�CVii�AN) e� '•8•�C I"EXHIBIT B" m REVISED 12 -31 -14 A�uw.lur. ikLOkllIM] McVAI.. bMR.11lD M qCH� Its Yo.9 M AIi ItGCO HAMIIGII ®FJ A01! ROm 11 TNU! 617E PLAN FROM. 'ASOXT PLOT PLAN IN NANWOM. MASS' SY ®44= SURVEYING LLC NO J-M DATE. OCTOSM 6,20M A6605GOWS MAP. 47.4.E PARCB 66 DEW REFERENCE BOOK 775. PAGE h PLAN REFERENCZ BOOK 7I. PAC[ S I�CVii�AN) e� '•8•�C I"EXHIBIT B" m