HomeMy WebLinkAboutZA 04-15 84 Baxter RoadIt
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TOWN OF NANTUCKET P, E C E !
ZONING ADMINISTRATOR ` J
NANTUCKET, MASSACHUSETTS 02554 ` v
Date: February 20, 2015
To: Parties in Interest and Others concerned with the Decision of
The Zoning Administrator in the Application of the following:
Application No: ZA 04 -15
Owner /Applicant: KAREN T. BUTLER, TRUSTEE OF
EIGHTY -FOUR BAXTER NOMINEE TRUST
(u /d /t dated October 22
2014 and recorded in Book 1456 Page 229
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 49, Parcel 37
84 Baxter Road
Siasconset Residential 20 (SR -20)
DECISION:
Book 1456, Page 235
Lot 1
Plan No. 2014 -81
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 a portion of the single - family dwelling within the
existing footprint. A portion of the structure to be altered is sited within the
northerly side yard and easterly front yard setbacks. The work consists of
demolition and reconstruction of an approximately 580 square foot portion of the
northerly section of the structure, part of which lies within the setbacks. This
section, which contains an attached garage, will be converted into finished space.
The reconstructed portion will be substantially in the same location and although
slightly higher, the resulting height will be well below the maximum allowable
height of thirty (30) feet. This demolition and reconstruction, while resulting in a
de minimis vertical extension of the setback intrusion, will be no closer to the
northerly side or easterly front yard lot lines than the existing structure. There will
be no increase in ground cover.
The proposed alterations benefit from Historic District Commission ( "HDC ")
approval by virtue of Certificate of Appropriateness No. 62767, as revised by
Certificate of Appropriateness No. 63090.
3. The Locus, although undersized, was validated as a buildable lot by virtue of prior
Variance relief from minimum lot size requirements in Bylaw Section 139 -16.A.
At the time of the initial Variance (Board of Appeals File No. 079 -88, on file in
Book 327, Page 285 with the Nantucket Registry of Deeds), granted in 1988 and
modified twice in 1991, the locus was placed in the LUG -3 zoning district which
had a minimum lot size requirement of 120,000 square feet. The lot was
subsequently placed in the less restrictive Sconset Residential 20 district, but it
remained undersized, containing 11,232 square feet where the minimum lot area
is 20,000 square feet. The lot contains a 1,609 square foot dwelling structure with
attached garage which is pre- existing nonconforming as to setbacks, being sited as
2
close as .1 foot from the northerly side yard lot line where a ten (10) foot setback
is required and as close as 6.8 feet from the front yard lot line where a thirty (30)
foot setback is required. Although a portion of the proposed demolition and
reconstruction will take place within the side and front yard setbacks, the
alterations will not increase the setback intrusions and will be located entirely
within the buildable area of the lot.
4. Therefore, because the proposed demolition and reconstruction will not result in
an increase to the pre- existing non - conforming side or front yard setback
distances, the Zoning Administrator finds that the proposed alterations will not
increase the pre- existing nonconforming nature of the Locus.
Eleanor Weller Antonietti
Zoning Administrator
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss
On the )41'x' day of 9eb_-v 2015, before me, the undersigned notary public,
personally appeared �L (A j f [tlG i�t foy�,r �7 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.
Not blic:
My Commission Expires:
�L LYNELL D. VOLLANS
WNotary Public
Commonwealth of Massachusetts
My Commission Expires
December 28, 2018
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