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TOWN OF NANTUCKET
ZONING ADMINISTRATOR ' ` L v L r
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 25 -14
Owner /Applicant: DAVID LEE SOW FONG & JENNIFER O' BRIEN
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 73.1.3, Parcel 88
2 King Street
Siasconset Old Historic 1 (SOH)
DECISION:
Book 1451, Page 174
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 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 is sited within the southern rear yard setback.
The work consists of demolition and reconstruction of an approximately 96
square foot portion of the westerly (rear) section of the structure, part of which
lies within the setback. The reconstructed portion will be substantially in the same
location. The reconstructed section will be raised slightly but well below the
maximum allowable height of thirty (30) feet. This addition, while resulting in a
de minimis vertical extension of the setback intrusion, will be no closer to the
southerly rear yard lot line than the existing structure. Applicant also proposes to
site two propane tanks within the side yard setback, in compliance with the
definition of "structure" in Zoning By -law Section 139 -2.A which excludes "a
maximum of two aboveground propane tanks not to exceed 120 gallons each ".
There will be no additional living space and no increase in ground cover.
The proposed alterations benefit from Historic District Commission ( "HDC ")
approval by virtue of Certificate of Appropriateness No. 62807 and are shown on
plans, approved by the HDC, entitled "HDC Submission Renovation", prepared
by MWR Residential Design, dated October 28, 2014, attached herewith as
"Exhibit A; Sheets 1 and 2 ".
3. The Locus is a pre - existing nonconforming undersized lot of record, having a lot
area of 2,653 square feet in the SOH zoning district which requires a minimum
lot size of 5,000 square feet. The lot contains a 1,011 square foot dwelling
structure which is pre- existing nonconforming as to setback, being sited as close
as 4.4 feet from the rear lot line where a five (5) foot setback is required. A
portion of the proposed demolition and reconstruction will take place within the
rear yard setback. The structure on the lot is said to pre -exist the local adoption of
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the zoning by -law. The proposed alterations will not increase the rear yard
setback intrusion and will be located entirely within the buildable area of the lot.
4. Therefore, because the proposed partial demolition and reconstruction, as shown
on "Exhibit A; Sheets 1 and 2 ", will not result in an increase to the pre- existing
non - conforming rear yard setback, the Zoning Administrator finds that the
proposed alterations will not increase the pre - existing nonconforming nature of
the Locus.
Assessor's Map 73.1.3, Parcel 88
2 King Street
Siasconset Old Historic 1 (SOH)
Book 1451, Page 174
NO PLAN
Eleanor Weller Antonietti
Zoning Administrator
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss
On the 2q4h day of DeCfM10 a- , 2014, before me, the undersigned
personally appeared ELe ano Q W C l.Q.e. AVt+0 n < tA44 , the
Zoning Administrator 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.
Not Public:
My Commission Expires:
lz� LYNELL D. VOLLANS
- V Notary Public
Commonwealth of Massachusetts
My Commission Expires
December 28, 2018
notary public,
above -named
be the person
she signed the
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
MEMORANDUM
E,ECEplED
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Date: January 6, 2015
To: Town Clerk
From: Eleanor Weller Antonietti, Zoning Administrator
Re: Zoning Administrator Decision #025 -14 — TECHNICAL CORRECTION
The above referenced ZONING ADMINISTRATOR Decision regarding 2 King Street and issued to
DAVID LEE SOW FONG and JENNIFER O'BRIEN, was filed with the Town Clerk on December
24, 2014. Paragraph 4 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 6 day of anuarr , 2015, before me, the undersigned notary public, personally appeared
1 ' - 6 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
ackno ledged that she signed the foregoing instrument vol untaril for theeurposes therein ex re sed.
DORIS C. STRANG
= Notary Public
Massachusetts
o Public: J`frY`•° Commission Expires Oct 9.2020
My Commission Expires: I c, i c3c; 12 2.0
Fairgrounds Road Nantucket Massachusetts 02554
508 - 228 -7215 telephone 508 - 228 -7298 facsimile
the zoning by -law. The proposed alterations will not increase the rear yard
setback intrusion and will be located entirely within the buildable area of the lot.
4. Therefore, because the proposed partial demolition and reconstruction, as shown
on "Exhibit A; Sheets 1 and 2 ", will not result in an increase to the pre - existing
non - conforming rear yard setback, the Zoning Administrator fmds that the
proposed alterations will not increase the pre- existing nonconforming nature of
the Locus. 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 September 15 of any given year. 1
1 See Memorandum to Town Clerk dated January 6, 2015