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HomeMy WebLinkAboutZA 03-16 19 Hummock Pond RoadTown & County Bu fits 16 Broad St Nantucket, MA 02554 TOWN OF NANTUCKET V \ ZONING ADMINISTRAT NANTUCKET, MASSACHUSETTS 02554 Date: April 20, 2016 To: Parties in Interest and Others concerned with the Decision of The Zoning Administrator in the Application of the following: Application No: ZA 03 -16 Owner /Applicant: SIV, LLC 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 56 Parcel 12 ZA Decision 03 -16 19 Hummock Pond Road Book 1512, Page 46 Residential 20 (R -20) shown as Lot 2 Plan No. 2015 -55 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 to and partial demolition of the pre- existing, nonconforming structure on the pre- existing nonconforming lot will reduce the nonconformities of the structure, will not increase the nonconforming nature of the structure or the lot, and will not create any new nonconformities. 2. The Applicant proposes to demolish 394 square feet of the approximately 594 square foot pre- existing nonconforming garage /shed, while retaining a said to be historic 200 square foot portion of said structure. As so altered, the remaining 200 square foot structure will serve as a shed and will remain sited no closer than three (3.0) feet from the westerly and southwesterly lot lines than the existing nonconforming structure, all in accordance with Certificates of Appropriateness No.s 64069 and 65444 issued by the Nantucket Historic District Commission, as the same may be amended from time to time. 3. The Locus is nonconforming as to lot area, containing approximately 13,260 square feet in the Residential 20 (R -20) zoning district which requires a minimum lot area of 20,000 square feet. The lot is a pre - existing nonconforming lot pursuant to Zoning By -law Section 139- 33.A(3), having been created pursuant to Massachusetts Generat Laws ( "M.G.L. ") Chapter 41, Section 81P, based upon the exception in the clause of M.G.L. Chapter 41, Section 8 1 L for lots containing two or more structures that predate the local adoption of subdivision control in the Town of Nantucket. 4. The subject garage /shed structure on the Locus is pre- existing nonconforming as to side yard setbacks, being as close as approximately three (3) feet to the west and southwest side yard lot lines, where a ten (10) foot side yard setback distance is required. As proposed, the downsized structure will continue to encroach into said side yard setbacks but will come no closer than the existing distances to the lot lines. The removal of the larger northern section of the building will reduce the massing within the ten (10) foot westerly side yard setback, thus decreasing the nonconformity. 2 5. A new 1,637 square foot dwelling will be built on the southern part of the Locus. This dwelling will be dimensionally compliant and does not require relief. Pursuant to the definition of Ground Cover in Section 139 -2 of the By -Law, the altered 200 square foot accessory detached shed will not contribute to ground cover. Therefore, the Locus, with the proposed dwelling, will have a conforming ground cover ratio of approximately 12.4% where 12.5% is allowed. 6. Based upon the submitted site plans showing both existing and proposed conditions on the Locus, the Zoning Administrator finds that the proposed work will decrease the massing of the nonconforming structure within the westerly side yard setback area, will not increase the nonconforming nature of the lot or structure, and will not create any new nonconformities and hereby issues the permit as requested. Eleanor Weller Antonietti Zoning Administrator COMMONWEALTH OF MASSACHUSETTS Nantucket, ss On the j— day of 2016, before me, the undersigned notary public, personally appeared Eleanor Weller Antonietti, 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. DORIS C. STRANG c - -t c I�TOta y Public: 4; Notary Public x` Massachusetts My Commission Expires: Ocl 9, 2020 3