HomeMy WebLinkAboutZA 15-14 11 Union StreetRECEE IVED
TOWN OF NANTUCKET '! r, 1q pmi 91 47
ZONING ADMINISTRATOR" SET T 0 N C'E ,.
NANTUCKET, MASSACHUSETTS 02554
Date: August 14, 2014
To: Parties in Interest and Others concerned with the Decision of
The Zoning Administrator in the Application of the following:
Application No: ZA 15 -14
Owner /Applicant: Steven L. Cohen, Trustee of the
FAO Realty Trust
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 ietti,
Zoning Administrator
cc: Town Clerk
Building Commissioner /Zoning Enforcement Officer
TOWN OF NANTUCKET
NANTUCKET ZONING ADMINISTRATOR
2 Fairgrounds Road
Nantucket, Massachusetts 02554
11 Union Street
Assessor's Map 42.3.1 Parcel 44
Residential Old Historic (ROH)
DECISION:
Book 1423, Page 284
Plan No. 2014 -12
1. Upon review of the Application submitted by the Applicant, the Zoning
Administrator determined pursuant to Nantucket Zoning By -Law § 139 -
33.A(1)(b) that the proposed alteration, extension, and structural change to the
pre- existing non - conforming structure does not increase its non - conforming
nature.
2. The Applicant proposes to alter the main dwelling within the existing footprint. A
portion of the structure to be altered, approximately 49 square feet of the
southwestern corner, is sited within the southern side yard setback. The work
consists of an increase of existing second story space to a small portion of the
structure sited within the setback. This addition will not have any windows or
decks. This addition, while resulting in a vertical extension of the rear setback
intrusion, will be no closer to the side yard lot line than the existing structure.
Applicant also proposes a new foundation, shingles and trim at the full perimeter,
including along the entire length of southern side within the setback. The
proposed alterations have been granted Historic District Commission approval by
virtue of Certificate of Appropriateness No. 61481.
3. The Locus is an undersized lot of record, and is therefore pre- existing
nonconforming with respect to lot area, having a lot size of 4,340 square feet in
the ROH zoning district where minimum required lot size is 5,000 square feet. It
contains a main dwelling, a cottage, and a garage with a total ground cover ratio
of about 41.4 %, where 50% is allowed. The main dwelling is sited as close as 1.5
feet from the southern side yard lot line at its closest point where the minimum
side yard setback is five (5) feet. The cottage is sited as close as 1.45 feet from
the western rear yard lot line and 1.52 feet from the northern side yard lot line, at
its closest points, where the side and rear yard setbacks are five (5) feet. The
premises contain one (1) parking space where two (2) are required. These
nonconformities pre -exist the 1972 adoption of Nantucket's Zoning By -law.
4. The Locus formerly contained three (3) separate dwelling units whose existence
was grandfathered. The main dwelling contained two dwelling units and the
cottage a third dwelling unit where two dwellings are allowed. However, the
current configuration contains one dwelling unit in the main southernmost
structure, the structure to be altered, and the cottage contains one dwelling unit,
rendering the locus compliant as to number of dwellings allowed pursuant to
Section 139 -7.B.
Applicant's predecessor in title sought and received prior relief by Special Permit
(Decision No. 068 -05, modified by Decision No. 100 -06) to allow, 1) relocation
of the third dwelling unit from the main building, then a duplex structure, to the
cottage; 2) alteration of the structures within the setback; and 3) an increase in
ground cover to 50 %. While the second kitchen was removed and the third
dwelling abandoned in 2008, the rest of the expansion plans were never
implemented. The current owner and applicant does not seek to exercise that
relief, which has expired by statute.
5. Although the height of the structure would increase within the required five (5)
foot setback area, it would come no closer to the southern side yard lot line than
the existing structure. Therefore, because the proposed alterations will not result
in an increase to the pre- existing non - conforming side yard setback, the Zoning
Administrator finds that the proposed work will not increase the pre - existing
nonconforming nature of the Locus.
Eleanor Weller Antonietti
Zoning Administrator
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss
On the . 13PIl day of _A J yss 2014, before me, the undersigned notary public,
personally appeared Q i5ij a N o IL Wt uu A yl.}a,rL; t t4l , 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.
d V _
Notary ublic: LYNELL D. VOLLANS
My Commission E s: Notary Public
Commonwealth of Massachusetts
My Commission Expires
December 28, 2018