HomeMy WebLinkAboutZA 12-12 13 Fayette Street aka 42 Unioon Street portionTOWN OF NANTUCKET
ZONING ADMINISTRATOR
NANTUCKET, MASSACHUSETTS 02554
Date: July 6, 2015
To: Parties in Interest and Others concerned with the Decision of
The Zoning Administrator in the Application of the following:
Application No: ZA 12 -15
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
Assessor's Map 42.3.2 Parcel 28.1 Book 1417, Page 7
13 Fayette Street shown as Lot C
a/k/a 42 Union Street (portion) Plan No. 2014 -28
Residential Old Historic (ROH)
DECISION:
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 by demolishing it and constructing a new
conforming dwelling will cure the nonconformities of the structure, will not
increase the nonconforming nature of the lot, and will not create any new
nonconformities.
2. The Applicant proposes to demolish the pre- existing, nonconforming structure
and to construct a new dwelling on the lot that meets all dimensional requirements
of the By -law. The proposed alterations have been granted Historic District
Commission approval by virtue of Certificate of Appropriateness No. 63850.
3. The Locus is nonconforming as to lot area, containing approximately 3,449
square feet in the ROH zoning district which requires a minimum lot area of
5,000 square feet; as to frontage, having approximately forty -two (42) 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 yard
setback, being as close as 0.6 feet on the north, 0.5 feet on the northeast and 1.9
feet on the south, where a five (5) foot side yard setback distance is required. As
proposed, the structure will meet the provisions of By -law Section 139 -16.A as to
all setbacks. The Locus will be conforming as to ground cover, going from a
ground cover ratio of approximately 30.7% to approximately 29.9% 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 conforming parking is provided. The finished height of the
structure will be in conformity with the provisions of the By -law.
2
5. Based upon the site plan entitled, "Proposed Site Plan in Nantucket,
Massachusetts; Prepared for 42 Union Street, LLC ", drawn by Bracken
Engineering, Inc., dated June 11, 2015, showing both existing and proposed
conditions on the Locus, a reduced copy of which is attached herewith as "Exhibit
A ", the Zoning Administrator finds that the proposed work will cure the
nonconformities of the structure, will not increase the nonconforming nature of
the lot, and will not create any new nonconformities and hereby issues the permit
as requested. The proposed extension, alteration, and change of the pre - existing,
nonconforming structure by demolishing it and replacing it with a new dwelling
will result in the dwelling becoming conforming as to all setbacks as well as being
conforming as to ground cover and parking. This approval is subject to the
following condition:
a. No exterior construction or hardscaping in connection with the project
approved herein shall occur between June 15 and Labor Day of any given
year.
Eleanor Weller Antonietti
Zoning Administrator
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss
On the (_, day of u' 2015, before me, the undersigned notary public,
personally appeared Eleanor Weller Antonietti, 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.
V"1114'A 4'
BORIS C. STRAND
Notuy
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My Commission Expires: j 01 Commission Expires Oct 9, 2020
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