The URL can be used to link to this page

Home My WebLink AboutZA 04-16 (EWA) 101 Eel Point Road2�pNTUCh� TOWN OF NANTUCKET ZONING ADMINISTRATOR N G Oo NANTUCKET, MASSACHUSETTS 02554 - in N ;C) N 7: Date: August 2, 2016 To: Parties in Interest and Others concerned with the Decision of The Zoning Administrator in the Application of the following: Application No: ZA 43 --1.6 04 -16 (EWA) Owner /Applicant: WILLIAM WELSH AND DENISE WELSH 101 Eel Point Road 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 ZA Decision 04 -16 ,Assessor's Map 32, Parcel 7 101 Eel Point Road Limited Use General 2 (LUG -2) DECISION: Certificate of Title 16014 shown as Lots 8 & 11 Land Court Plan 13887 -P Book 430, Page 5 Unregistered triangular parcel shown on LCP 13887 -P 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 will not increase the nonconforming nature of the structure or the lot, and will not create any new nonconformities. 2. The Applicant is proposing to relocate an existing deck away from the eroding coastal bank to be attached to the recently relocated dwelling structure. The deck is currently free standing on the northerly portion of the locus and was attached to the dwelling before it was moved away from the eroding coastal bank. The proposed relocation shall take place in accordance with Certificate of Appropriateness No. 65885 issued by the Nantucket Historic District Commission, as the same may be amended from time to time. The project further benefits from Conservation Commission approval by virtue of Order of' Conditions (MassDEP File #SE48 -2864) registered with the Nantucket Registry District of the Land Court as Document 151203. 3. The locus further benefits from relief by Variance, granted in Board of Appeals Application No. 102 -92 (registered with the Nantucket County District of the Land Court as Document 59262) which was specifically granted "to validate the siting of the structure and to grant a zero lot line set -back as to the westerly boundary line." At the time of the granting of this Variance, when the structure was in its former location, a portion of the deck and steps straddled the westerly lot line, resulting in zero (0) foot setback. An easement was recorded (Document 57775) with the westerly abutter to assent to this encroachment on their land and therefore allow the prior owner of the premises "to keep and maintain the existing porch and deck on the southwest side of the existing single-family dwelling [...J in their present location." Furthermore, the Board of Appeals granted said abutter related relief by Variance in Board of Appeals Application No. 019 -93 (registered with the Nantucket County District of the Land Court as Document 60288) to validate the encroachment. 2 4. Pursuant to Building Permit 128 -14 and prior Zoning Administrator relief in Application No. 036 -B -13 (registered with the Nantucket County District of the Land Court as Document 142915), the dwelling was subsequently moved away from the eroding coastal bank to the north and to a more southerly location on the Locus, toward Eel Point Road. However, the subject deck was left in its current location. The two story structure, as so relocated, conforms to the front yard setback requirements for the LUG -2 district and the angle of the structure upon the Locus has been altered to lessen the side yard setback intrusions from what previously existed. The portion of the structure which formerly straddled the westerly lot line was removed and this encroachment on the neighbor's property, which required Variance relief, was eliminated. 5. As shown on plan entitled "As -Built Plot Plan in Nantucket, MA ", dated September 1, 2015, prepared for William & Denise Welsh by Joseph Marcklinger, PLS, a reduced copy of which is attached herewith as "Exhibit A ", the Locus is a pre- existing nonconforming lot of record, having approximately 6,222 square feet of lot area in the LUG -2 zoning district where 80,000 is required; 25.31 feet of frontage where 150 feet is required, and; and approximately 84% upland where 90% is required. 6. The existing structure on the Locus is pre- existing nonconforming with respect to both side yard setbacks, being sited as close as 2.1 feet from the western side yard lot line and as close as 1.4 feet from the eastern side yard lot line, in a zoning district that requires a fifteen (15) foot side yard setbacks. The existing ground cover is approximately 965 square feet for a ground cover ratio of 15.5% in a district that allows a maximum ground cover ratio of 4 %. 7. As shown on plan entitled "Proposed Deck Plot Plan in Nantucket, MA ", dated January 17, 2016, prepared for William & Denise Welsh by Joseph Marcklinger, PLS, a reduced copy of which is attached herewith as "Exhibit B ", the dwelling in its current location has a raised deck. Applicant is proposing to convert the 162 square foot deck into a screened in porch to be attached to the unenclosed relocated deck which is the subject of this relief. As a result of this alteration, the ground cover will increase from approximately 964.41 square feet to 1,126.2 square feet, for a ground cover ratio of 18.1%. Pursuant to Nantucket By -law Section 139- 33.E(D: (1) For a lot within the provisions of [...J Section 139 -33.E, the maximum ground cover upon such lot shall be: (a) In the case of a lot containing at least 5,000 square feet, 1,500 square feet of ground cover or the amount determined in accordance with the maximum ground cover ratio requirement for the zoning district in which the lot is situated, whichever is greater [ ... ]. 8. Based upon the submitted site plans showing both existing and proposed conditions on the Locus, the Zoning Administrator finds that the unenclosed deck in its proposed location will be sited no closer than the dwelling to either side 3 yard lot line and the upland calculations will not be altered as a result of the relocation. As such the proposed alteration will not increase the nonconforming nature of the lot or structure, and will not create any new nonconformities. 9. Therefore, based upon the foregoing, the Zoning Administrator finds that the proposed alterations and relocation, all as shown on the above - referenced "Exhibit B ", 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 / 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. My 1 KAREN L. E. BRADFORD Notary Public 4 OF COMMONWEALTH mssioExpires 4 I"EXHIBIT A" MAP 32 PARCEL 6 NANTUCKET SOUND rb 58633$5 E r MEAN H/ WATER 2013 2 M 24.86' U V J 1.3 3 � o � o N � � 2 N HD. RET. --TOP OF BANK DECK RAISED MAP 32 DECK PARCEL 9 I CERTIFY TH TRUCTURES ARE LOCA �yN2F HEREON _ p3EPH NG i X101 JO NGE 2 STORY ,'t" WOOD 'r- A'Y o BUILDING i SO i 2.1 � I ZONING CLASSIFICATION: LUG -2 o I i MINIMUM LOT SIZE = 80,000 SQ. FT. U w: MINIMUM FRONTAGE = 150 FT. z °i FRONT YARD SETBACK = 35 FT. "' 2.� REAR YARD SETBACK = 15 FT. SIDE YARD SETBACK = 15 FT. GROUND COVER RATIO = 4% 2. BRICK I EXISTING GROUND COVER RATIO = 15.5% I III 3 h IN N ZZ T I j II O O tV J. MARCKLINGER & ASSOCIATES I O Z PROFESSIONAL LAND SURVEYORS LOTS 8 !,1 &PARCEL 3 P.O.BOX 896 NANTUCKET, MA. 02554 i L.C.C. 1381 MAP 321 7P (310) 945 -7054 PARCEL ;7 " AS -BUILT PLOT PLAN AREA 6 22 SQ.FT. NANTUCKET, MA. 1 (NANTUCKET COUNTY) STONE BOUND SCALE 1 IN.= 20 FT FOUND 101 EEL POINT ROAD SEPTEMBER 1, 2015 579337 67 1 f - -_ _ L.C.C. 13887 -P CERT: 16014 _ DEED BOOK 430, PAGE 5 EEL POINT ROAD ASSESSORS MAP 32 , PARCEL 7 PREPARED FOR: WILLIAM & DENISE WELSH NANTUCKET SOUND I I a — 00 S8633'Y'£ -- a0 — MEAN HI WATER 2013 M 24.86" U U J 7.3 3 N o � o Z ti WD._ RET 4VALt -- - -- TOP OF BANK 5 OD W. U m PROPOSED BOARDWALK MAP 32 5. 4.2 PARCEL 6 PROPOSED RE CATER DECK 50 4.2 PROPOSED SC FEN MAP 32 9 PORCH ON EXIST. D 1.4 2.6 8 Ci 2 STORY i WOOD p BUILDING 2. ZONING CLASSIFICATION: LUG -2 MINIMUM LOT SIZE = 80,000 SQ. FT. MINIMUM FRONTAGE = 150 FT. FRONT YARD SETBACK = 35 FT. REAR YARD SETBACK = 15 FT. SIDE YARD SETBACK = 15 FT. GROUND COVER RATIO — 4% 2 EXISTING GROUND COVER RATIO = 18.1% �o W �h ?O REGISZ'Ep zJd' (, iN �SSONAI ��AO i i+o Z Sv I O it 2 LOTS 8 ;,1 &PARCEL 3 L.C.C. 138 7P MAP 321 PARCEL;7 PROPOSED DECK PLOT PLAN AREA 6 22 SQ.FT. NANTUCKET, MA. (NANTUCKET COUNTY) SCALE 1 IN.= 20 FT STONE BOUND 101 EEL POINT ROAD FOUND JANUARY 17, 2016 AUGUST 1, 2016 (REVISED GROUND COVER) 2531• L.C.C. 13887 -P CERT. 16014 DEED BOOK 430, PAGE 5 EEL POINT ROAD ASSESSORS MAP 32 , PARCEL 7 PREPARED FOR: WILLIAM & DENISE WELSH Y U 0 J. MARCKLINGER & ASSOCIATES PROFESSIONAL LAND SURVEYORS P.O.BOX 896 NANTUCKET, MA. 02554 (310) 945 -7054 "EXHIBIT B"