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Home My WebLink AboutZA 17-15 36R & 38R Cliff RoadDate: August 28, 2015 To: Parties in Interest and Others concerned with the Decision of The Zoning Administrator in the Application of the following: Application No: ZA 17 -15 Owner /Applicant: T. MITCHELL T ITAIKXK- _Willey 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) 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 42.4.4, Parcel 38 Assessor's Map 42.4.4, Parcel 39 36R & 38R Cliff Road Residential Old Historic (ROH) DECISION: Book 992, Page 8 Book 1006, Page 250 Lot 2; Plan Book 17, Page 150 Plan Book 19, Page 84 1. Upon review of the Application submitted by the Applicant, the Zoning Administrator determined pursuant to Nantucket Zoning By -Law (the "By -law ") Section 139- 33.A(1)(b) that the extension, alteration, and change to the pre- existing, nonconforming structure on the pre- existing, nonconforming lot reduced the nonconforming nature of the structure, did not increase the nonconforming nature of the lot, and did not create any new nonconformities. 2. The Applicant seeks a special permit from the Zoning Administrator to confirm that the Locus and the existing structure on it are validly pre- existing, nonconforming and to allow the changes and alterations begun in 2005 which resulted in the structure becoming less nonconforming (although not completely conforming). No relief is sought for the air conditioning unit that is in the side yard setback on the south side of the Locus. That unit will be removed or relocated to a conforming location. 3. The Locus is a pre- existing, nonconforming lot of record, the main section of the Locus having been held in ownership separate from all adjacent land since a time prior to 1972, and the balance having been acquired in 1979, which did not result in any new nonconformities and which is allowed under By -law Section 139- 33.A(3). It contains approximately 13,773 square feet of land area, where 5,000 square feet are required. The Locus has frontage of about 15.08 feet on Cliff Road, where fifty (50) feet is required. 4. The Locus is improved by a single - family dwelling. The structure was originally built before 1972 and was pre- existing, nonconforming as to side and rear setback on the west, south, and east, as shown on plan dated April 12, 1972, recorded with Nantucket Deeds in Plan Book 17, Page 150. The Locus and the structure on it otherwise conform to the dimensional requirements of the By -law, including parking and ground cover. 5. The structure on the Locus was renovated in 1976, and Certificate of Occupancy No. 497 -76 was issued for a dwelling at that time. In 1979, the then owner of the locus acquired the land shown on plan dated October 20, 1976, recorded with Nantucket Deeds in Plan Book 19, Page 84, and this land was merged with the Locus. In 1988, the structure was again renovated, an addition was added, and Certificate of Occupancy No. 6436 -88 was issued. In 1994, a portion of the dwelling was converted to use as an accessory apartment pursuant to a special 2 permit issued by the Nantucket Board of Appeals in File No. 094 -93, dated November 3, 1993, recorded with Nantucket Deeds 430, Page 314, and Certificate of Occupancy No. 10822 -94 was issued. That use has since been abandoned, and the structure is now used as a single family dwelling, a conforming use in the ROH zoning district. Another addition was added in 1995, and Certificate of Occupancy No. 12492 -95 was issued. 6. When the side and rear setback requirements in the ROH were changed from three (3) feet to five (5) feet, the additions to the building made after 1972 became pre- existing, nonconforming as to setback on the west. The structure was already pre- existing nonconforming as to setback on the south, became conforming on the east, and it has been and remains conforming on the north. A copy of a mortgage plot plan dated November 18, 2005 is attached hereto as "Exhibit A ", which identifies the nonconforming section of the structure on the west that was allowed under the intensity regulations at the time it was constructed. 7. Beginning in 2005 and continuing for some time through amendments to the building permit, the structure was significantly renovated, and the accessory apartment was abandoned. As a result of this renovation, the structure remained nonconforming on the south and west, but became less nonconforming (although not completely conforming as was intended) on both the south and the west. 8. In 2006 a pool with a spa were constructed. These structures are conforming to the dimensional requirements of the by -law but are now pre- existing nonconforming uses, pools with spas no longer being allowed in the ROH zoning district. 9. Based upon the site plan entitled "Building Location Plan of Land in Nantucket, Mass. ", prepared Blackwell & Associates, Inc., dated January 21, 2010, a copy of which is attached hereto as "Exhibit B ", showing the existing conditions on the Locus, the Zoning Administrator finds that the Locus and the existing structure on it are validly pre- existing, nonconforming. Furthermore, the Zoning Administrator hereby confirms that the changes and alterations that were made to it beginning in 2005, as shown on said "Exhibit B ", resulted in the structure becoming less nonconforming (although not completely conforming), did not increase the nonconforming nature of the lot or the structure, and did not create any new nonconformities, and hereby issues the special permit as requested. The extension, alteration, and change of the pre- existing, nonconforming structure resulted in the dwelling becoming less nonconforming as to side and rear setbacks. The use of the structure as a single - family dwelling is also conforming, the accessory apartment use being hereby abandoned with the issuance of the present relief. 10. No relief is granted for the air conditioning unit that is in the side yard setback on the south side of the Locus, and this approval is subject to the condition that that unit be removed or relocated to a conforming location. SIGNATURE PAGE TO FOLLOW 3 Assessor's Map 42.4.4, Parcel 38 Assessor's Map 42.4.4, Parcel 39 36R & 38R Cliff Road Residential Old Historic (ROH) Book 992, Page 8 Book 1006, Page 250 Lot 2; Plan Book 17, Page 150 Plan Book 19, Page 84 Eleanor Weller Antonietti Zoning Administrator COMMONWEALTH OF MASSACHUSETTS Nantucket, ss On the ;)V03 day of Qu "_5ot 2015, before �rj me, the undersigned notary public, 2 personally appeared rle�1 r 1 9T ArT n1g_ -Ri 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. ------- --- AM A P �r�� DORIS C. STRANG Otar Public: ` — Notary Public My Commission Expires: Massachusetts Commission Expires Oct 9, 2020 4 "EXHIBIT A" I WIN. AREk -._ ....... WIN. FRDNTAGE- ... �. FRONT YARD S.B.:. REAR & SIDE SUB_ .t ..... GROUND COVER A - unarm - 41- 21 2srr DCGK A.C. 4 UNITS siPfGL AaIZA ON - ommuy mm AND WPM OF THIS P 7m W&SM BY THE C� LAND SURVIM01R. 41.4.4 - ql -41p #AAr 4Z-A.1 C�a Pi 41.4.1'73 AOL,% C14 Amer cuo -Q \u_ OF Aq o LEO C. Vn ASADOORIAN Nu. 33930 T MAD UAI Ta:.t✓ASN,N `ioh( IV1ul"UP�t- I3Rr�Ky FA. ��rµ MAK079m FILM ................... AM NO O•RS. I CERTIFY, TO THE BEST OF MY' KNOWLEDGE, 11K- THE PREM4ES SHOWN ARE LOCATED IN FLOOD HAZARD ZDK: . . . . . DE.UNEATED ON F.I.R.M.1 COMMUICY W-EL SCALE: 1*=;�� ATE: NOV IS, ?_005 NUMBER. 250230"00 ... I t . D, BY THE FMML EMERGENCY MANAGEMENT AGENCY. EFFIECTIVE DOE OF Owner- VAPS. JUNE 3, 1986 AND.AS PERIODICALLY REMED. THIS INSPECTION PLAN WAS PREPARED FOR. MORTGAGE PURPOSES ONLY AND. IS NOT TO BE CONSIDERED A FULL INSTRUMENT SURVEY. Deed/Cert: )-to. . . . Plan: THIS PLAN SHOULD NOT BE USED TO ESTABLISH PROPERTY LLINES. FENCES, HEDGES OR ANY ANCILLARY STRUCTURES ON THE PREMISES. Locus: THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PLANS Tax Map: • . • OF REM. -'THIS INSPECTION PLAN IS NOT k.CERTIFIrAnON AS TO THE TITLE OR BLACATELL &'ASSOCLATES, Inc. OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT' TOWN. OF NANTUCKET. ASSESSOR Profesmna• Land Surveyors RECORDS. 6 Youn;'s WaY THIS PLAN SHALL NOT BE USED FOR ANY OTHER PURPOSE OTHER THAN ITS INTENDED USE STATED ABM Nantucket, -Massachusetts 025.54 NOT M BE RECORDED FBK.: W5 ($08) 228-9026 I"EXHIBIT B" 0 iii W! �W h .y�P • � 4 Q � � ° U. 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