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HomeMy WebLinkAboutZA 07-15 156 Orange Street�L Date: April 3, 2015 To: Parties in Interest and Others concerned with the Decision of The Zoning Administrator in the Application of the following: Application No ZA 07 -15 Owner /Applicant (156 Orange Street): LOUISE GOLDBERG Owner (158 Orange Street) : NANTUCKET ISLANDS LAND BANK 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 I TOWN OF NANTUCKET NANTUCKET ZONING ADMINISTRATOR 2 Fairgrounds Road Nantucket, Massachusetts 02554 156 Orange Street 158 Orange Street Assessor's Map 55, Parcels 61 & 61.1 Limited Use General 1 (LUG -1) DECISION: Certificate of Title 22343 Certificate of Title 23173 Lots 1 & 2 Land Court Plan 12645 -B 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 and structural change to the pre- existing non - conforming structure do not increase its non - conforming nature. 2. The Applicant proposes to alter a pre- existing nonconforming structure currently straddling the lot line between the Locus and the property abutting to the southeast. As such, the structure is sited within the side and rear yard setbacks. The work consists of removal and replacement of a failing elevated fixed pier and boardwalk providing access to a dock. The existing pier and boardwalk are currently sited on the lot line bordering the Goldberg property, situated at 156 Orange Street and shown as Lot 1 upon Land Court Plan 12645 -13, and the abutting Nantucket Islands Land Bank ( "NLB ") property, situated at 158 Orange Street and shown as Lot 2 upon Land Court Plan 12645 -B. 3. The reconstructed pier and boardwalk will be removed from the current location and sited entirely on the Goldberg property at distance of approximately six (6) inches from the southeasterly side yard line. The structure will extend over the rear yard lot line to the dock. Although the required side and rear yard setback distance is ten (10) feet, the alteration will be no closer to the side or rear yard lot lines than the existing structure. The proposed alterations were granted Historic District Commission approval in 2015 for a "Like- Kind" replacement. The work has also received approval from the Conservation Commission by virtue of Order of Conditions (MassDEP File 4 SE48- 2739), on file with the Nantucket County District of the Land Court as Document No. 147368. 4. A portion of the Locus is shown on site plan entitled, "Plan Showing Elevated Fixed Pier ", dated March 13, 2015, prepared by Daniel C. Mulloy, P.L.S. of Site Design Engineering, LLC and attached herewith as "Exhibit A ". The lot contains approximately 55,661 square feet in the Limited Use General 1 (LUG -1) zoning district which requires a minimum lot size of 40,000 square feet and has 116.75 feet of frontage on Orange Street where the required frontage is 100 feet. The 2 single family dwelling thereon contains approximately 2,044 square feet and is dimensionally compliant as to all setbacks and as to ground cover. The pre- existing nonconforming elevated fixed pier and boardwalk is sited on both sides of the lot line separating the Goldberg property and the NLB property and, as such, is located within the required ten (10) foot side and rear yard setback distance. 5. Therefore, because the proposed alterations to the elevated fixed pier and boardwalk will not result in an increase to the pre- existing non - conforming side and rear yard setbacks, 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 31LI> day of rr i k , 2015, before me, the undersigned notary public, personally appeared C- 0.1n0 f_ JAJQ, «{ la JL {'O>� t 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. &' a o V Not y Public: My Commission Expires: LYNELL D. 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