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HomeMy WebLinkAboutZA 025-14 2 King Street3�t�pNTUC� -Fr�9* R 0 u 2 TOWN OF NANTUCKET ZONING ADMINISTRATOR ' ` L v L r NANTUCKET, MASSACHUSETTS 02554 Date: December 24. 2014 To: Parties in Interest and Others concerned with the Decision of The Zoning Administrator in the Application of the following: Application No: ZA 25 -14 Owner /Applicant: DAVID LEE SOW FONG & JENNIFER O' BRIEN 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 73.1.3, Parcel 88 2 King Street Siasconset Old Historic 1 (SOH) DECISION: Book 1451, Page 174 NO PLAN 1. Upon review of the Application submitted by the Applicant, the Zoning Administrator determined pursuant to Nantucket Zoning By -Law Section 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 is sited within the southern rear yard setback. The work consists of demolition and reconstruction of an approximately 96 square foot portion of the westerly (rear) section of the structure, part of which lies within the setback. The reconstructed portion will be substantially in the same location. The reconstructed section will be raised slightly but well below the maximum allowable height of thirty (30) feet. This addition, while resulting in a de minimis vertical extension of the setback intrusion, will be no closer to the southerly rear yard lot line than the existing structure. Applicant also proposes to site two propane tanks within the side yard setback, in compliance with the definition of "structure" in Zoning By -law Section 139 -2.A which excludes "a maximum of two aboveground propane tanks not to exceed 120 gallons each ". There will be no additional living space and no increase in ground cover. The proposed alterations benefit from Historic District Commission ( "HDC ") approval by virtue of Certificate of Appropriateness No. 62807 and are shown on plans, approved by the HDC, entitled "HDC Submission Renovation", prepared by MWR Residential Design, dated October 28, 2014, attached herewith as "Exhibit A; Sheets 1 and 2 ". 3. The Locus is a pre - existing nonconforming undersized lot of record, having a lot area of 2,653 square feet in the SOH zoning district which requires a minimum lot size of 5,000 square feet. The lot contains a 1,011 square foot dwelling structure which is pre- existing nonconforming as to setback, being sited as close as 4.4 feet from the rear lot line where a five (5) foot setback is required. A portion of the proposed demolition and reconstruction will take place within the rear yard setback. The structure on the lot is said to pre -exist the local adoption of 0) the zoning by -law. The proposed alterations will not increase the rear yard setback intrusion and will be located entirely within the buildable area of the lot. 4. Therefore, because the proposed partial demolition and reconstruction, as shown on "Exhibit A; Sheets 1 and 2 ", will not result in an increase to the pre- existing non - conforming rear yard setback, the Zoning Administrator finds that the proposed alterations will not increase the pre - existing nonconforming nature of the Locus. Assessor's Map 73.1.3, Parcel 88 2 King Street Siasconset Old Historic 1 (SOH) Book 1451, Page 174 NO PLAN Eleanor Weller Antonietti Zoning Administrator COMMONWEALTH OF MASSACHUSETTS Nantucket, ss On the 2q4h day of DeCfM10 a- , 2014, before me, the undersigned personally appeared ELe ano Q W C l.Q.e. AVt+0 n < tA44 , the Zoning Administrator of Nantucket, Massachusetts, personally known to me t o whose name is signed on the preceding document, and acknowledged that foregoing instrument voluntarily for the purposes therein expressed. Not Public: My Commission Expires: lz� LYNELL D. VOLLANS - V Notary Public Commonwealth of Massachusetts My Commission Expires December 28, 2018 notary public, above -named be the person she signed the 4 Ld U. x- EXHIBIT A; Sheet 1 13381S IHS - 0 III In w+ fi M4 Mi! z <1 ILI I EXHIBIT A; Sheet 2 �jl FS TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 MEMORANDUM E,ECEplED 2 LU Date: January 6, 2015 To: Town Clerk From: Eleanor Weller Antonietti, Zoning Administrator Re: Zoning Administrator Decision #025 -14 — TECHNICAL CORRECTION The above referenced ZONING ADMINISTRATOR Decision regarding 2 King Street and issued to DAVID LEE SOW FONG and JENNIFER O'BRIEN, was filed with the Town Clerk on December 24, 2014. Paragraph 4 on Page 3 of the Decision requires modification to reflect a technical correction thereto. This technical correction is limited to the insertion of a condition pertaining to a seasonal prohibition on construction. A corrected Page 3 of said decision is filed herewith. This minor modification will neither effect the content of the relief contained in the decision nor the appeal period. Please attach this document to the existing Decision so that it may be recorded in its entirety. Thank you. Eleanor W. Antonietti, Zoning Administrator COMMONWEALTH OF MASSACHUSETTS Nantucket, ss On the 6 day of anuarr , 2015, before me, the undersigned notary public, personally appeared 1 ' - 6 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 ackno ledged that she signed the foregoing instrument vol untaril for theeurposes therein ex re sed. DORIS C. STRANG = Notary Public Massachusetts o Public: J`frY`•° Commission Expires Oct 9.2020 My Commission Expires: I c, i c3c; 12 2.0 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile the zoning by -law. The proposed alterations will not increase the rear yard setback intrusion and will be located entirely within the buildable area of the lot. 4. Therefore, because the proposed partial demolition and reconstruction, as shown on "Exhibit A; Sheets 1 and 2 ", will not result in an increase to the pre - existing non - conforming rear yard setback, the Zoning Administrator fmds that the proposed alterations will not increase the pre- existing nonconforming nature of the Locus. This approval is subject to the following condition: a. No exterior construction in connection with the project approved herein shall occur between June 15 and September 15 of any given year. 1 1 See Memorandum to Town Clerk dated January 6, 2015