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HomeMy WebLinkAboutZA 16-15 20 West Sankaty RoadDate: August 6, 2015 To: Parties in Interest and Others concerned with the Decision of The Zoning Administrator in the Application of the following: Application No: ZA 16 -15 Owner /Applicant: JULIA L. FORGAARD, as Trustee of the JULIA L. FORGAARD REVOCABLE TRUST (u /d /t dated June 29, 2011) 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 By -law 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 By -law Section 139- 29.C.(6) 10,11z T Eleanor Wel er 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 73.4.2, Parcel 121 20 West Sankaty Road Sconset Old Historic (SOH) DECISION: Book 1352, Page 169 Plan Book 12, Page 20 Lot E 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 extension, alteration, and change to the pre- existing, nonconforming single - family dwelling on the Locus will not increase its nonconforming nature (and in fact will decrease, but not eliminate, one dimensional nonconformity) and will not create any new nonconformities. 2. The Applicant proposes to alter the pre- existing nonconforming dwelling by picking it up, relocating it about 3.4 feet off its southerly boundary, putting it back down on a new foundation, and constructing a conforming addition. The existing structure is sited within the southerly side yard setback. The dwelling, as so altered and relocated, will be sited further from the southerly side yard lot line than the existing structure, resulting in a reduction of the pre- existing nonconforming setback encroachment. The proposed alterations have been granted Historic District Commission approval by virtue of Certificate of Appropriateness No. 63765. 3. The property underwent a recent zoning change from Sconset Residential 1 to Sconset Old Historic ( "SOH ") by virtue of passage of Article 46 at the 2015 Annual Town Meeting. The Locus is a pre- existing nonconforming undersized lot of record pursuant to By -law Section 139 - 33.A(3), having been created by plan drawn by Josiah S. Barrett, Engr., dated November 11, 1944, recorded with Nantucket Deeds in Plan Book 12, Page 20 and held in ownership separate from all adjacent land since November 28, 1944. The Locus, as shown on plan entitled, "Existing Conditions Site Plan to Accompany Zoning Board of Appeals Application in Nantucket, Ma. ", dated July 20, 2015, prepared by Blackwell & Associates, Inc., and attached herewith as "Exhibit A ", is nonconforming as to lot area, containing approximately 4,859 square feet in the SOH zoning district where minimum lot size is 5,000 square feet, and is conforming as to frontage with approximately 69.03 feet of frontage along West Sankaty Avenue, where fifty (50) feet of frontage is required. The property abuts Lincoln Street to the west, King Street to the north, and West Sankaty Avenue (sometimes known as West Sankaty "Road ") to the east. 4. The lot contains a pre- existing nonconforming dwelling, said to be constructed circa 1950, with an existing ground cover ratio of 25.4% where a maximum of 50% is allowed. The 1,236 square foot dwelling is pre- existing nonconforming as to side yard setback, being sited as close as 0.9 feet from the southerly side yard lot line where a five (5) foot side yard setback is required. The locus is also nonconforming as to parking, providing no parking where one (1) 2 parking space is required pursuant to By -law Section 139 -18.13. The dwelling is otherwise conforming to all other dimensional requirements of the By -law. 5. The proposed alterations to the dwelling, as shown on plan entitled, "Proposed Conditions Site Plan to Accompany Zoning Board of Appeals Application in Nantucket, Ma. ", dated July 20, 2015, prepared by Blackwell & Associates, Inc., and attached herewith as "Exhibit B ", consist of repositioning the structure on the lot such that the southerly side yard setback distance will be increased from 0.9 feet to approximately 3.4 feet. Once relocated, a conforming addition will be built to increase the existing footprint of the dwelling from 1,236 square feet to approximately 1,409 square feet, resulting in a ground cover ratio of 29 %. Based upon the existing and proposed conditions plans attached hereto as Exhibits A and B, respectively, the dwelling will continue to meet ground cover and front and rear setbacks and will meet side setback on the north. The dwelling will remain nonconforming as to parking and as to side setback on the south, being approximately 3.4 feet at its closest point, but will be less nonconforming than the existing setback of 0.9 feet. The dwelling will otherwise continue to conform to all other dimensional requirements of the By -law. 6. Therefore, because the proposed alterations to the dwelling will not result in an increase to the pre- existing non - conforming side yard setback, (and in fact will decrease, but not eliminate, this setback encroachment) and will not create any new nonconformities, the Zoning Administrator finds that the proposed work will not increase the pre- existing nonconforming nature of the Locus. Eleanor Weller Antonietti Zoning Administrator COMMONWEALTH OF MASSACHUSETTS Nantucket, ss On the day of 2015, before me, the undersigned notary public, personally appeared 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. tary P b 'c: My Co sion Expires: KAr REI N L E RADFORD Notary Public COWAOWNEA13W OF M0&4CwjftiTN 3 My CorrxnisNon EWW 00=14 rye, X010~ CURRENT ZONING CLASSIFICATION Siosconset Old Historic (SOH)* *ZONING CHANGE PER 2015 ATM ARTICLE 46 KING GRAPHIC SCALE 15 D B 15 30 6D ( IN FEET ) 1 inch = 15 ft. STREET HELD Exis in : MINIMUM LOT SIZE: 5000 S.F. 4,859 S.F.± MINIMUM FRONTAGE: 50 FT, 69.03' FRONT YARD SETBACK: none 17.6'± REAR /SIDE SETBACK: 5 FT. 0.9'± GROUND COVER % : 50% 25.4% ± *ZONING CHANGE PER 2015 ATM ARTICLE 46 KING GRAPHIC SCALE 15 D B 15 30 6D ( IN FEET ) 1 inch = 15 ft. STREET HELD 73.4.2 -122 N/F KLEZTUCKET, LLC LEND HELD O DENOTES IRON PIPE FOUND N.F.O DENOTES RECORD MONUMENT NOT FOUND N0 O.D.S. DENOTES OUTDOOR SHOWER JEFFREY L. BLACKWELL No. 35388 ORIGINAL SIGNED AND STAMPED COPIES OF THIS PLAN MAY BE PHOTOCOPIED BY THE BOARD OF APPEALS OR THE NANTUCKET REGISTRY OF DEEDS FOR RECORDING PURPOSES. IN CASES OF DISCREPANCIES REGARDING INFORMATION CONTAINED HEREON AND UNAUTHORIZED PHOTOCOPIES OF THIS PLAN, ONLY ORIGINALLY STAMPED AND ENDORSED COPIES SHALL BE ACKNOWLEDGED BY THE CERTIFYING LAND SURVEYOR. THIS INSPECTION PLAN WAS PREPARED TO ACCOMPANY AN APPLICATION TO THE NANTUCKET BOARD OF APPEALS AND IS NOT TO BE CONSIDERED A FULL INSTRUMENT SURVEY. THIS PLAN SHOULD NOT BE USED TO ESTABLISH PROPERTY LINES, FENCES, HEDGES OR ANY ANCILLARY STRUCTURES ON THE PREMISES. THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PLANS OF RECORD. THIS INSPECTION PLAN IS NOT A CERTIFICATION AS TO THE TITLE OR OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT TOWN OF NANTUCKET ASSESSOR RECORDS. THIS PLAN SHALL NOT BE USED FOR ANY OTHER PURPOSE OTHER THAN ITS INTENDED USE STATED ABOVE. © Blackwell & Associates Inc. T: \JACK 26 JOB 32 w w F N.F. °1 = w g Existing Conditions Site Plan to Accompany Zoning Board of Appeals Application in Nantucket, MA SCALE: 1 "= 15' DATE: JULY 20, 2015 THE JULIA L. FORGAARD Owners: . REVOCABLE TRUST Deed Bk./Pg.: 13521169 Plan Bk./P 12120. Lot E Tax Map — Parcel: 73.4;2 -121 Locus: f2O. WEST SANKATY RD. BLACKWELL do ASSOCIATES, Inc. Professional Lard Surveyors 20 TEASDALE CIRCLE NANTUCKET, MASS. 02554 (508) 228 -9026 V: \DRAWFILES \B7159 \ZBA.dwq 712112015 10:47:57 AM EDT SHEET I OF 2 B7159 I "EXHIBIT A" 80.17 N. F., SETggCK —�� `ROOF OVERHANG± ZONING =V;__ �Y 21.9'± 19.4'± U Q Y 5 O N (W LU z �� ' \ O � � � U co �:D CL ~ LO Io f N EXIST. cr� F_1� N cn 17.6'± co A/C WIRING 0. D. S. z �o— / STEP ON. F. I 0.3'±- — — — 5 — 10.4' 78.4 ' H - 1 EXIST. LIP 16 � N F STRUCTURE TANK Ln N 73.4.2 -122 N/F KLEZTUCKET, LLC LEND HELD O DENOTES IRON PIPE FOUND N.F.O DENOTES RECORD MONUMENT NOT FOUND N0 O.D.S. DENOTES OUTDOOR SHOWER JEFFREY L. BLACKWELL No. 35388 ORIGINAL SIGNED AND STAMPED COPIES OF THIS PLAN MAY BE PHOTOCOPIED BY THE BOARD OF APPEALS OR THE NANTUCKET REGISTRY OF DEEDS FOR RECORDING PURPOSES. IN CASES OF DISCREPANCIES REGARDING INFORMATION CONTAINED HEREON AND UNAUTHORIZED PHOTOCOPIES OF THIS PLAN, ONLY ORIGINALLY STAMPED AND ENDORSED COPIES SHALL BE ACKNOWLEDGED BY THE CERTIFYING LAND SURVEYOR. THIS INSPECTION PLAN WAS PREPARED TO ACCOMPANY AN APPLICATION TO THE NANTUCKET BOARD OF APPEALS AND IS NOT TO BE CONSIDERED A FULL INSTRUMENT SURVEY. THIS PLAN SHOULD NOT BE USED TO ESTABLISH PROPERTY LINES, FENCES, HEDGES OR ANY ANCILLARY STRUCTURES ON THE PREMISES. THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PLANS OF RECORD. THIS INSPECTION PLAN IS NOT A CERTIFICATION AS TO THE TITLE OR OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT TOWN OF NANTUCKET ASSESSOR RECORDS. THIS PLAN SHALL NOT BE USED FOR ANY OTHER PURPOSE OTHER THAN ITS INTENDED USE STATED ABOVE. © Blackwell & Associates Inc. T: \JACK 26 JOB 32 w w F N.F. °1 = w g Existing Conditions Site Plan to Accompany Zoning Board of Appeals Application in Nantucket, MA SCALE: 1 "= 15' DATE: JULY 20, 2015 THE JULIA L. FORGAARD Owners: . REVOCABLE TRUST Deed Bk./Pg.: 13521169 Plan Bk./P 12120. Lot E Tax Map — Parcel: 73.4;2 -121 Locus: f2O. WEST SANKATY RD. BLACKWELL do ASSOCIATES, Inc. Professional Lard Surveyors 20 TEASDALE CIRCLE NANTUCKET, MASS. 02554 (508) 228 -9026 V: \DRAWFILES \B7159 \ZBA.dwq 712112015 10:47:57 AM EDT SHEET I OF 2 B7159 I "EXHIBIT A" CURRENT ZONING CLASSIFICATION: Siosconset Old Historic (SOH)* *ZONING CHANGE PER 2015 ATM ARTICLE 46 KI NG rwr, �1 N ti N Proposed: 4,859 S.F.± GRAPHIC SCALE 69.03' is o a is so so 14.1'± 3.4'± 297 t F IN FEET N. F, Existing: MINIMUM LOT SIZE: 5000 S.F. 4,859 S.F.± MINIMUM FRONTAGE: 50 FT. 69.03' FRONT YARD SETBACK: none 17.6'± REAR /SIDE SETBACK: 5 FT. 0.9'± GROUND COVER 7 : 507 25.47 t *ZONING CHANGE PER 2015 ATM ARTICLE 46 KI NG rwr, �1 N ti N Proposed: 4,859 S.F.± GRAPHIC SCALE 69.03' is o a is so so 14.1'± 3.4'± 297 t F IN FEET N. F, ZONJNi �r — — z 1 U z ` 5'ILU N I� IN I �w. L— mQ — ILYA HELD 80.17 SETBACK 5 701 __\__ 18.4'± PROPOSED Z o RELOCATED & U RENOVATED STRUCTURE 1409± S.F. \ \ II 14.1'± 78.4 j EXIST w/F STRUCTURE 73.4.2 -122 N/F KLEZTUCKET, LLC LEGEND O DENOTES IRON PIPE FOUND N.F. DENOTES RECORD MONUMENT NOT FOUND O.D.S. DENOTES OUTDOOR SHOWER t{ OF 02 JEFFREY L. ns BLACKWELL m O N0.35358 .� u<q,�o £SS10N�P (n RV z 0 z - —g T5 10.4' LO - -O r< N HELD �! ORIGINAL SIGNED AND STAMPED COPIES OF THIS PLAN MAY BE PHOTOCOPIED BY THE BOARD OF APPEALS OR THE NANTUCKET REGISTRY OF DEEDS FOR RECORDING PURPOSES. IN CASES OF DISCREPANCIES REGARDING INFORMATION CONTAINED HEREON AND UNAUTHORIZED PHOTOCOPIES OF THIS PLAN, ONLY ORIGINALLY STAMPED AND ENDORSED COPIES SHALL BE ACKNOWLEDGED BY THE CERTIFYING LAND SURVEYOR. THIS INSPECTION PLAN WAS PREPARED TO ACCOMPANY AN APPLICATION TO THE NANTUCKET BOARD OF APPEALS AND IS NOT TO BE CONSIDERED A FULL INSTRUMENT SURVEY. THIS PLAN SHOULD NOT BE USED TO ESTABLISH PROPERTY LINES, FENCES, HEDGES OR ANY ANCILLARY STRUCTURES ON THE PREMISES. THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PLANS OF RECORD. THIS INSPECTION PLAN IS NOT A CERTIFICATION AS TO THE TITLE OR OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT TOWN OF NANTUCKET BLACKWELL & ASSOCIATES, Inc. ASSESSOR RECORDS. .f Surveyors Surve essional Land THIS PLAN SHALL NOT BE USED FOR ANY OTHER PURPOSE OTHER THAN Pro ITS INTENDED USE STATED ABOVE. 20 TEASDALE CIRCLE ©Blackwell & Associates Inc. NANTUCKET, MASS. 02554 T: \JACK 26 JOB 32 (508) 228 -9026 V: \DRAWFILES \87159 \ZBA PROPOSEDAd g 7/21/2015 10:53:59 AM EDT SHEET 2 OF 2 B7159 w I P N. F. G` E �g �S ° s �1 N s N m a Proposed Conditions Site Plan to Accompany Zoning Board of Appeals Application, i'l Nantucket, MA SCALE: 1"= 15' DATE: JULY 20, 2015 THE JULIA L. FORGAARD Owners: _ REVOCABLE TRUST Deed Bk. /Pg.: 13521169 Plan Bk. /Pg.: 12120, Lot E Tax Map — Parcel: 73.4:2 -121 Locus: . #20 WEST SANKATY RD. I"EXHI B"