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Home My WebLink AboutZA 028-14 42 Union Streety 3��pNrucKFr�9 RE10EI ED c�9°OMILIT `o TOWN OF NANTUCKET �T E� , r_` 29 � r.1 i 5G ZONING ADMINISTRATOR ' i 10LER K, NANTUCKET, MASSACHUSETTS 02554 Date: December 24, 2014 To: Parties in Interest and Others concerned with the Decision of The Zoning Administrator in the Application of the following: Application No: ZA 28 -14 Owner /Applicant: 42 UNION STREET, 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 42 Union Street (portion) Assessor's Map 42.3.2 Parcel 28 Residential Old Historic (ROH) DECISION: Book 1417, Page 7 Lot A; Plan No. 2014 -28 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 renovate the structure on the Locus by reducing its footprint, restoring it to its original condition, and converting it to use as a single - family dwelling. The proposed alterations have been granted Historic District Commission approval by virtue of Certificate of Appropriateness No. 62569. 3. The Locus is nonconforming as to lot area, containing about 2,994 square feet in the ROH zoning district which requires a minimum lot size of 5,000 square feet; as to frontage, having approximately 78.22 feet of frontage on Fayette Street where fifty (50) feet of frontage is required. The lot is a pre- existing, nonconforming lot pursuant to Zoning By -law Section 139- 33.A(3), having been created pursuant to Massachusetts General Laws ( "M.G.L. ") Chapter 41, Section 81P, based upon the exception in the clause of M.G.L. Chapter 41, Section 81L for lots containing two or more structures that predate the local adoption of subdivision control in the Town of Nantucket. 4. The existing structure on the Locus is pre- existing, nonconforming as to side and rear yard setbacks, being as close as 0.6 feet where a five (5) foot side and rear setback is required. As proposed, the structure will meet the provisions of By -law Section 139 -16.A as to front and rear setback as well as side setback on the northwest. The structure will remain nonconforming as to side setback on the southeast, being sited approximately 1.5 feet at its closest point, but will not become more nonconforming. The Locus will become conforming as to ground cover, decreasing from approximately 76% to approximately 42% where 50% is allowed, and as to parking providing two conforming spaces accessed over a shared driveway easement in conformity with By -law Section 139- 20.1.B(3), where currently no parking is provided. The height of the structure may change in the course of the renovation from its current height of 26.9 feet, but its finished height will not be in excess of thirty (30) feet. 5. Based upon the site plan entitled, "Proposed Site Plan in Nantucket, Massachusetts" prepared by Bracken Engineering, Inc., dated December 22, 2014, showing both existing and proposed conditions on the Locus, and attached herewith as `Exhibit A ", the Zoning Administrator fmds that the proposed work will neither increase the nonconforming nature of the structure on the Locus nor create any new nonconformities and hereby issues the permit as requested. The proposed extension, alteration, and change of the pre- existing, nonconforming structure will not result in an increase to any setback nonconformity and in fact will result in the structure and the Locus becoming less nonconforming as to side and rear setbacks and conforming as to ground cover and parking. SIGNATURE PAGE TO .......... ................ 42 Union Street Assessor's Map 42.3.2 Parcel 28 Residential Old Historic (ROH) Nantucket, ss On the �"y day personally appeared Zoning Administrato r Book 1417, Page 7 Lot A; Plan No. 2014 -28 Eleanor Weller Antonietti Zoning Administrator COMMONWEALTH OF MASSACHUSETTS of December , 2014, before me, the undersigned EledWo>e Wel(ew- AVI+oh 1 f-44 -i , the of Nantucket, Massachusetts, personally known to me t o whose name is signed on the preceding document, and acknowledged that foregoing instrument voluntarily for the purposes therein expressed. OP &W a V ,P� - Notar Public: LYNELL D. VOLLANS My Commission Expir * Notary Public Commonwealth of Massachusetts My Commission Expires December 28, 2018 notary public, above -named be the person she signed the EXHIBIT A E uj w w t LU 1<1 ef� r N a V �a in 0 0 b� F z a 9 < $ =�A N \ � d �tl �S "sm W Y dZ .cam Mi _ (V Y�{{yy i € o�< 3 p Q v 2 m d a 8PFrF �.�® a P- Z a!a q^ O$$ o Ji Z d n i of m n a Z 1 z O�4Yy (fC�0,11 Vj ry�h of ♦M 'Otx.eN�'Yd td� \ \\ 6 � Bb►'�'�.�0� �H�p , \ ^ �i /��1 mad \ \ 01 �V� 4p��/gg .qs�• `l ,� 9sZ.° Q , � W / \ O H \ M1 nN .+Y;q• 3� t/2 m r\ �� aQ yy srs�3sr . O -� H Z 3 Ov /i--� S 7b ByZ aay,, \ it ae Z \ -4 4 ch Y N H ti / N TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 MEMORANDUM RECEIVED ?015 J�:id 8 M 12 j .;ELI Date: January 8, 2015 To: Town Clerk From: Eleanor Weller Antonietti, Zoning Administrator Re: Zoning Administrator Decision #028 -14 — TECHNICAL CORRECTION The above referenced ZONING ADMINISTRATOR Decision regarding 42 Union Street and issued to 42 UNION STREET, LLC, was filed with the Town Clerk on December 24, 2014. Paragraph 5 on Page 3 of the Decision requires modification to reflect a technical correction thereto. This technical correction is limited to the insertion of a condition pertaining to a seasonal prohibition on construction. A corrected Page 3 of said decision is filed herewith. This minor modification will neither effect the content of the relief contained in the decision nor the appeal period. Please attach this document to the existing Decision so that it may be recorded in its entirety. Thank you. Eleanor W. Antonietti, Zoning Administrator COMMONWEALTH OF MASSACHUSETTS Nantucket, ss On the � day of a , 2015, before me, the undersigned notary public, personally appeared 64 p1q.o 2 VJ . A n+e A i ?-4+-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. Nota ublic: fN LYNELL D. VOLLAM My Commission E �q�e Notary Public j ' Commonwealth of Massachusetts My Commission Expires 2 Fairgroun s Roaitcember2$, IMucket 508 - 228 -•7215 telephone Massachusetts 02554 508 - 228 -7298 facsimile 5. Based upon the site plan entitled, "Proposed Site Plan in Nantucket, Massachusetts" prepared by Bracken Engineering, Inc., dated December 22, 2014, showing both existing and proposed conditions on the Locus, and attached herewith as "Exhibit A ", the Zoning Administrator finds that the proposed work will neither increase the nonconforming nature of the structure on the Locus nor create any new nonconformities and hereby issues the permit as requested. The proposed extension, alteration, and change of the pre- existing, nonconforming structure will not result in an increase to any setback nonconformity and in fact will result in the structure and the Locus becoming less nonconforming as to side and rear setbacks and conforming as to ground cover and parking. This approval is subject to the following condition: a. No exterior construction in connection with the project approved herein shall occur between June 15 and Labor Day of any given year. 1 SIGNATURE PAGE. TO .......... ................ 1 See Memorandum to Town Clerk dated January 8, 2015