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Home My WebLink AboutZA 02-16 13C Willard St�7 Bu -"own & County \ 16 Broads MA 02554 Mpg, 4 6 _� _v �i2�nt4�C: , TOWN OF NANTUCKET ZONING ADMINISTRATOR NANTUCKET, MASSACHUSETTS 02554 Date: March 10, 2016 To: Parties in Interest and Others concerned with the Decision of The Zoning Administrator in the Application of the following: Application No: Owner /Applicant ZA 02 -16 J. MITCHELL BELL and CYNTHIA F. BELL 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) A� _» Eleanor Weller Antonietti, Zoning Administrator cc: Town Clerk Building Commissioner /Zoning Enforcement Officer 1 TOWN OF NANTUCKET NANTUCKET ZONING ADMINISTRATOR 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 42.4.1, Parcel 15.3 Certificate C27 -6 13C Willard Street Lot 1; Land Court Plan 36963 -A Residential One (R -1) Plan File 55 -V DECISION: 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 and structural change to the pre- existing non - conforming structure on the pre- existing non - conforming locus do not increase the non - conforming nature of either the structure or the locus. 2. The Applicant proposes to alter the pre- existing nonconforming dwelling known as "Pheasant ", Unit 3 of three units in the Driftwood Cottages Condominium. The structure is sited within the westerly front yard and southerly side yard setbacks. The work consists of raising the structure to be re- positioned onto a new foundation with a first floor elevation of approximately 8 (eight) feet constructed in accordance with the Building Code and flood zone regulations. A further alteration consists of adding new sets of stairs on all four elevations to provide egress from the newly elevated first floor. The structure, as so altered, will not be any closer to the front or side yard lot lines than the existing structure. 3. The Locus, as shown on 1999 plan entitled, "AS BUILT CONDOMINIUM SITE PLAN; DRIFTWOOD COTTAGES CONDOMINIUM ", on file with the Registry of Deeds as Plan File 55 -V, is pre- existing non - conforming with respect to the siting of three structures on a single lot where a maximum of two are allowed pursuant to By -Law Section 139- 7.13(1). Locus meets minimum lot size and maximum ground cover requirements, containing 10,748 square feet where 5,000 square feet is the minimum lot size, and having an aggregate ground cover ratio of approximately 24.4% where 30% is allowed. The property was granted initial Special Permit relief in Zoning Board of Appeals Decision 029 -92 (registered as Land Court Document 56399), which permitted the installation of a kitchen in each unit. 4. While Unit 1 (known as "Robin ") and Unit 2 (known as "Quail ") were formerly sited within the required five (5) foot side and rear yard setbacks, they have each undergone alterations in such a way as to eliminate said setback nonconformities. These alterations were approved by the Zoning Board of Appeals in prior Special Permit Decisions by virtue of Decision 046 -01 for Unit 1 (registered as Document 119130) and Decision 043 -13 for Unit 2 (registered as Document 142527). 2 However, Unit 3, as described below, remains pre- existing nonconforming as to setbacks. 5. The subject structure, Unit 3, as shown on "Existing Conditions Site Plan of Land in Nantucket, Ma.; Prepared for J. MITCHELL BELL & CYNTHIA F. BELL; 413C WILLARD STREET ", dated February 25, 2016, prepared by Blackwell & Associates, Inc., attached herewith as "Exhibit A ", contains approximately 944 square feet of ground cover. It is sited as close as 4.1 feet from the westerly front yard lot line abutting Willard Street. A rear deck is currently sited as close as zero (0) feet from the southerly side yard lot line, whereas the distance from the southerly lot line to the corner of the building is approximately 3.5 feet. The applicant proposes to remove the encroaching portion of the deck such that the southerly elevation of the building will be sited no closer than 3.5 feet from the southerly lot line, as shown on "Exhibit A ". 6. The subject unit was also granted prior Special Permit relief in 2002 by virtue of Decision 063 -02 (registered as Document 99313) which allowed an upward expansion to increase second story living space without any change in foot print or increase in ground cover. Said alterations were performed under Building Permit No. 1366 -03 which was issued a Certificate of Occupancy in 2010. The relief granted in the 2002 Decision contained the following three conditions: a. The final roof ridge height shall be no greater than twenty-four feet at any given point; b. The increase of second -story living area shall be no greater than 532 square feet; and c. The intrusion into the southerly side yard setback area shall be limited to a maximum of twenty-four inches of new second -story space. 7. The Premises are located in the 100 year flood plain and within land subject to coastal storm flowage. It is therefore recommended that the structure be brought into compliance with Federal Emergency Management Agency ( "FEMA ") flood requirements, especially given that the subject structure has undergone recent flood damage. The existing dwelling has a ridge height of approximately twenty - four (24) feet and a First Floor Elevation ( "FFE ") of 4.13 feet. The applicants are seeking to protect their property by elevating the structure to both avoid inundation events and to bring the structure into full compliance with FEMA regulations which have changed since the 2002 relief was granted. 8. As a result of this alteration, the proposed FFE will be eight (8) feet, resulting in a roof ridge height of approximately 27.4 feet. The provisions of By -Law Section 139 -17.A of the Zoning By -law allow for a maximum height of thirty (30) feet in the R -1 district. In addition, Section 139 -17 was amended by virtue of unanimous passage of Article 69 at the 2015 Annual Town Meeting. The amendment consists of the following language inserted as Section 139- 17.C(7): The height of a structure which is situated within the "Areas of one - hundred -year Flood" and/or the "Areas of 100 -Year Coastal Flood with Velocity" as established by 3 the Federal Emergency Management Agency ( "FEMA') and depicted upon the Flood Insurance Rate Map promulgated by FEMA, as from time to time revised, shall not exceed 28 feet above the minimum height at which the first floor of the structure will conform with all applicable building codes and FEMA requirements. Therefore, pursuant to the above cited By -law sections, the structure will be dimensionally compliant as to height. 9. In addition, the above - referenced relief (Decision 043 -13) granted to allow similar alterations to Unit 2 approved an increase in roof ridge height from approximately nineteen (19) to twenty -seven (27) feet. 10. The applicant filed written consents to the project from the owners of Units 2 and 3 of the Driftwood Cottages Condominium as well as from the owner of 9 Willard Street which directly abuts the locus to the south. 11. Based upon the foregoing, the Zoning Administrator finds that the proposed work will not increase the pre- existing nonconforming nature of the structure or the Locus and will not create any new nonconformities and hereby issues the permit as requested. This approval is subject to the following conditions: a. There shall be no exterior construction between Memorial Day and Labor Day of any given year relative to the construction contemplated under this decision; and b. The proposed alterations shall be performed in accordance with Certificate of Appropriateness No. 64949 granted by the Nantucket Historic District Commission, as the same may be amended from time to time. /721;--�� Eleanor Weller Antonietti Zoning Administrator COMMONWEALTH OF MASSACHUSETTS Nantucket, ss On the /— day of 2016, before me, the undersigned notary public, personally appeared h � 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. Notary Public: f & - - - . -1 My Commission Expires: E-U12 V -�00D- 30 ?J OyELL 1 11* it T A RY V'J V L 1 JiTHC. 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