HomeMy WebLinkAboutZA 14-15 42A UnionL
Date: July 27, 2015
To: Parties in Interest and Others concerned with the Decision of
The Zoning Administrator in the Application of the following:
Application No: ZA 14 -15
Owner /Applicant: Union Street Partners II, 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 Anto-ftietti,
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 28.3 Book 1474, Page 255
42A Union Street shown as Lot B
Residential Old Historic (ROH) Plan No. 2014 -28
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 extension, alteration, and change to the pre- existing, nonconforming structure
on the pre- existing, nonconforming lot by demolishing it and constructing a new
conforming dwelling with attached garage 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 with attached garage on the lot that meets all dimensional
requirements of the By -law, all in accordance with Certificates of Appropriateness No.s
63394 and 64059 issued by the Nantucket Historic District Commission, as the same may
be modified and amended from time to time.
3. The Locus is nonconforming as to lot area, containing approximately 2,827 square feet in
the Residential Old Historic (ROH) zoning district which requires a minimum lot area of
5,000 square feet; and as to frontage, having approximately thirty -six (36) feet of
frontage on Union Street where fifty (50) feet of frontage are 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 8 1 L for lots
containing two or more structures that predate the local adoption of subdivision control in
the Town of Nantucket.
4. The existing 550 square foot structure on the Locus is pre- existing, nonconforming as to
side yard setback, having zero (0) setback from the southeasterly lot line, where a five (5)
foot side yard setback is required, and as to rear yard setback, being as close as 0.7 feet
from the rear lot line, where a five foot rear yard setback 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 about 19.5% to about 45.9%
where 50% is allowed, and as to parking providing two conforming spaces (one in the
attached garage) accessed over a shared driveway easement in conformity with By -law
Section 139 -20. LB(3), where currently no conforming parking is provided. The finished
height of the structure will be in conformity with the provisions of Section 139 -17.0 of
2
the By -law as amended by virtue of the passage of Article 69 at the 2015 Annual Town
Meeting.
5. Based upon the site plan entitled, "Proposed Site Plan in Nantucket, Massachusetts;
Prepared for Union Street Partners Il, LLC ", drawn by Bracken Engineering, Inc., dated
June 25, 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
with attached garage will result in the structure 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
14 IV
2015, before me, the undersigned notary public,
personally appeared Eleanor eller 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.
Nota #y- Public:
My Commission Expires: 1011411-12-0
DORIS C. STRANG
Notary Public
"• %� Massachusetts
Commission Expires Oct 9, 2020
ti
"EXHIBIT A"
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