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Home My WebLink AboutZA 08-16 8 Charter StreetZONING ADMINISTRATOR NANTUCKET, MASSACHUSETTS 02554 Date: October 5. 2016 To: Parties in Interest and Others concerned with the Decision of The Zoning Administrator in the Application of the following: Application No: ZA 08 -16 Owner /Applicant: JOSEPH W. FOLEY & HARRIS K. DOLINER 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 8 Charter Street Assessor's Map 42.3.2 Parcel 165 Residential Old Historic (ROH) DFC TQ,TON- Book 1407, Page 327 NO PLAN 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, extension, and structural change to the pre- existing non - conforming structure upon the pre- existing nonconforming locus do not increase the non - conforming nature of the structure or the locus. 2. The Applicant proposes to alter the pre- existing nonconforming structure by building a one -story addition and making fenestration changes to a portion of the structure sited within the five (5) foot westerly side yard setback. The dwelling will be no closer to the side yard lot line than the existing structure as a result of the proposed alterations and addition. The proposed alterations have been granted Historic District Commission approval by virtue of Certificate of Appropriateness 60689, as revised by No. 66366. 3. The property is pre- existing non - conforming as to lot size, frontage, and side yard setback. Specifically, the locus is an undersized lot of record having an approximate lot area of 2,000 square feet in the ROH zoning district where minimum required lot size is 5,000 square feet, and has 38.5 feet of frontage where a minimum of 50 (fifty) feet is required. The premises are improved with a single family dwelling having an existing ground cover ratio of approximately 33% where 50% is allowed. The structure is pre- existing nonconforming with respect to setbacks, being sited as close as 3.3 feet from the westerly side yard lot line in a zoning district that requires a five (5) foot side yard setback. 4. Based upon the foregoing, the Zoning Administrator finds that the proposed alterations consisting of the addition of an approximately 35 square foot attached shed and fenestration changes to a portion of the structure sited within the westerly side yard setback, all as shown on plot plan attached herewith as "Exhibit A ", will not increase the nonconforming nature of the dwelling 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: W 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. 66366 granted by the Nantucket Historic District Commission, as the same may be amended from time to time. Eleanor Weller Antonietti Zoning Administrator COMMONWEALTH OF MASSACHUSETTS Nantucket, ss On the Nantucket, day of JCAU- 2016, before me the undersigned notary public, personally appeared r,bA P ffr �% I" , 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. Not ry Pub My Comm ion Expires: KA EN !Notf R re PBb'tAc DFORD OF wss�CNUSerrs My GpTr�li"i n EXCOires Q, ber'18.2020 CHARTER STREET I N? stone step 38.5' I + ly � 0--0 8 CHARTER a X1\1/2 sty + w/f dwellin 3'— fenced outdoor shower LOT AREA: 2,000 ± SF 41.6' 1"EXHIBIT A" NOTE: NO PLAN FOR LOCUS WAS FOUND. THIS PLOT PLAN RELIES ON ABUTTING PLANS OF RECORD AS SHOWN HEREON. THIS PLOT PLAN SHOULD NOT BE USED TO ESTABLISH LOT LINES. a rn f 0 N II + 9 — z n r m z o 5 �W -P No rn O c_ 0, OD N = rn w ,= 00 r ADDITIONAL NOTES: 1.) LOT DOES NOT MEET CURRENT ZONING REQUIREMENTS WITH RESPECT TO MINIMUM LOT SIZE AND WITH RESPECT TO MINIMUM FRONTAGE. 42,3,2 -164 2. DWELLING DOES NOT CONFORM TO CURRENT ZONING N/F GERALD R. & REBECCA P. PFUND REQUIREMENTS WITH RESPECT TO SIDE YARD SETBACK 3.) STONE STEP IS OVER STREET LINE. CURRENT ZONING: ROH MINIMUM LOT SIZE: 5,000 SF MINIMUM FRONTAGE: 50 FT FRONTYARD SETBACK: 0 FT SIDE AND REAR SETBACK: 5 ALLOWABLE G.C.R.: 50% EXISTING G.C.R.: 33% + PROPOSED G.C.R.: 36 %± o. j RC78ERT�`rT % A. �I - EMACK I t NO 37730 J o4 FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN RELIES ON CURRENT DEEDS AND PLANS OF RECORD, VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON. THIS PLAN IS NOT REPRESENTED TO BE A TITLE EXAMINATION OR A RECORDABLE SURVEY. 0TN PLOT PLAN TO ACCOMPANY APPLICATION TO THE ZBA IN NANTUCKET, MASSACHUSETTS SCALE: 1"=10' DATE: AUG. 23, 2016 REVISED: SEPT. 20, 2016 DEED REFERENCE:DBK 1407, PG 327 PLAN REFERENCE: NONE FOR LOCUS ASSESSOR'S REFERENCE: MAP: 42.3.2 PARCEL: 165 PREPARED FOR: JOSEPH W. FOLEY and HARRIS K. DOLINER EMACK SURVEYING, LLC 2 WASHAMAN AVENUE NANTUCKET, MA. 02554 (508) 325 -0940 J -1206 N CO 0 1 Q o I o a- N 0 nj O Mx N C U Y m U Z 4.2 fenced outdoor shower LOT AREA: 2,000 ± SF 41.6' 1"EXHIBIT A" NOTE: NO PLAN FOR LOCUS WAS FOUND. THIS PLOT PLAN RELIES ON ABUTTING PLANS OF RECORD AS SHOWN HEREON. THIS PLOT PLAN SHOULD NOT BE USED TO ESTABLISH LOT LINES. a rn f 0 N II + 9 — z n r m z o 5 �W -P No rn O c_ 0, OD N = rn w ,= 00 r ADDITIONAL NOTES: 1.) LOT DOES NOT MEET CURRENT ZONING REQUIREMENTS WITH RESPECT TO MINIMUM LOT SIZE AND WITH RESPECT TO MINIMUM FRONTAGE. 42,3,2 -164 2. DWELLING DOES NOT CONFORM TO CURRENT ZONING N/F GERALD R. & REBECCA P. PFUND REQUIREMENTS WITH RESPECT TO SIDE YARD SETBACK 3.) STONE STEP IS OVER STREET LINE. CURRENT ZONING: ROH MINIMUM LOT SIZE: 5,000 SF MINIMUM FRONTAGE: 50 FT FRONTYARD SETBACK: 0 FT SIDE AND REAR SETBACK: 5 ALLOWABLE G.C.R.: 50% EXISTING G.C.R.: 33% + PROPOSED G.C.R.: 36 %± o. j RC78ERT�`rT % A. �I - EMACK I t NO 37730 J o4 FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN RELIES ON CURRENT DEEDS AND PLANS OF RECORD, VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON. THIS PLAN IS NOT REPRESENTED TO BE A TITLE EXAMINATION OR A RECORDABLE SURVEY. 0TN PLOT PLAN TO ACCOMPANY APPLICATION TO THE ZBA IN NANTUCKET, MASSACHUSETTS SCALE: 1"=10' DATE: AUG. 23, 2016 REVISED: SEPT. 20, 2016 DEED REFERENCE:DBK 1407, PG 327 PLAN REFERENCE: NONE FOR LOCUS ASSESSOR'S REFERENCE: MAP: 42.3.2 PARCEL: 165 PREPARED FOR: JOSEPH W. FOLEY and HARRIS K. DOLINER EMACK SURVEYING, LLC 2 WASHAMAN AVENUE NANTUCKET, MA. 02554 (508) 325 -0940 J -1206