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HomeMy WebLinkAboutZA 09-15 1 A Lily StreetAu i TOWN OF NANTUCKEI ZONING ADMINISTRATOR NANTUCKET, MASSACHUSET'T'S 02554 Date: April 24, 2015 To: Parties in Interest and Others concerned with the Decision of The Zoning Administrator in the Application of the following: Application No: ZA 09 -15 * Owner /Applicant: Joan M. Parkos Moran, as Trustee of the Joan M. Parkos Moran 1994 Revocable Declaration of Trust & Timothy J. Moran, as Trustee of the Timothy J. Moran Revocable Declaration of Trust * PLEASE MARGINALLY NOTE THIS DECISION in Book 1463, Page 145 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 1 A Lily Street Assessor's Map 42.3.4 Parcel 90 Residential Old Historic (ROH) DECISION: Book 1410, Page 272 Plan Book 12, Page 50 1. Upon review of the Application submitted by the Applicant, the Zoning Administrator determined pursuant to Nantucket Zoning By -Law § 139 - 33.A(1)(b) that the proposed alteration, extension, and structural change to the pre- existing non - conforming structure do not increase its non - conforming nature. 2. The Applicant proposes to alter previously granted administrative relief in order to allow demolition and re- construction of a portion of the pre- existing nonconforming dwelling within the existing footprint. Prior relief, granted in ZA Decision No. 18 -14, recorded in Book 1463, Page 145 with the Nantucket Registry of Deeds, granted approval to elevate the entire structure, remove and replace a failed foundation, and set the structure back down on the new foundation without any change to the footprint. The proposed and approved work included an approximate three (3) foot increase in roof ridge height of the southern mass, resulting in a vertical extension of the southerly side yard setback intrusion which will be no closer to the side yard lot lines than the existing structure. The structure is sited within the side and rear yard setbacks. The proposed alterations have been granted Historic District Commission approval by virtue of Certificate of Appropriateness No. 62106. 3. In the process of performing the approved work, the walls of the southern mass, which were to be vertically extended, proved to be structurally insufficient to support the load due to rotten load- bearing studs, previously concealed by interior and exterior sheathing. This unforeseen circumstance led to the unavoidable demolition of the structurally unsound walls to allow for reconstructed walls which would adequately support the additional height of this portion of the dwelling. The overall result of the reconstruction remains unchanged from that approved in the prior decision. However, the relief granted requires modification to reflect the partial demolition and reconstruction as it pertains specifically to the southern mass of the dwelling. 4. The Locus, as shown on plot plan entitled, "Mortgage Plot Plan; Nantucket, MA.; IA Lily Street ", prepared by J. Marcklinger & Associates, Inc., dated September 17, 2013, a reduced copy of which is attached herewith as "Exhibit A ", is an undersized lot of record in the Residential Old Historic zoning district. It is pre- 2 existing nonconforming with respect to lot area, having a lot size of 2,619 square feet where the minimum required lot size is 5,000 square feet, and with respect to frontage, having 18.65 feet of frontage where fifty (50) feet of frontage is required. It contains a 516 square foot dwelling with a total ground cover ratio of about 19.7 %, where 50% is allowed. The dwelling is sited as close as 1.9 feet from the southwestern side yard lot line, 1.6 feet from the northern side yard lot line, and 2.2 feet from the easterly rear yard lot line where the required side and rear yard setbacks are five (5) feet. The premises contain one parking space where one (1) is required. These nonconformities pre -exist the 1972 adoption of Nantucket's Zoning By -law. 5. Although the height of the southern mass of the structure would increase within the required five (5) foot setback area, it would come no closer to the southern side yard lot line than the existing structure. Therefore, because the proposed alterations, including demolition and reconstruction of a portion of the southern mass, will not result in an increase to the pre- existing non - conforming side yard setback, the Zoning Administrator finds that the proposed work will not increase the pre- existing nonconforming nature of the Locus. 1&2a_cl"_� Eleanor Weller Antonietti Zoning Administrator COMMONWEALTH OF MASSACHUSETTS Nantucket, ss 1 On the day of �r t 1 ;;�� , 2015, before me., the undersigned notary public, personally appeared De�tnc�r WeI12Y Ao onie 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 foregok instrument voluntarily for the purposes therein expressed. tary ublic: �r.5 OORIS C. STRAND My Commission Expires: W L Notary Public K. 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