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BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: December 30, 2015
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 41 -15
Current Owners /Applicant: 42 UNION STREET, LLC
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with the office of the Nantucket Town Clerk.
An Appeal from this Decision may be taken pursuant to Section 17
of Chapter 40A, Massachusetts General Laws.
Any action appealing the Decision must be brought by filing a
complaint in Land Court within TWENTY (20) days after this day's
date. Notice of the action with a copy of the complaint and
certified copy of the Decision must be given to the Town Clerk so
as to be received within such TWENTY (20) days.
/0 61-
Eleanor W. Anton'etti,
Zoning Administrator
cc: Town Clerk
Planning Board
Building Commissioner /Zoning Enforcement Officer
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND
WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING BY -LAW
SECTION 139 -30 (SPECIAL PERMITS); SECTION 139 -32 (VARIANCES). ANY
QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICE AT
508 - 325 -7587.
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 42.3.2 Parcel 28.2
11 Fayette Street
a/k/a 42 Union Street (portion)
Residential Old Historic (ROH)
DECISION:
Book 1417, Page 7
shown as Lot D
Plan No. 2014 -28
1. At a public hearing of the Nantucket Zoning Board of Appeals held on Thursday,
December 10, 2015 at 1:00 P.M., in the Conference Room, at 4 Fairgrounds Road, Nantucket,
Massachusetts, the Board made the following Decision on the application of 42 UNION
STREET, LLC, c/o of Sarah F. Alger, P.C., Two South Water Street, Nantucket, Massachusetts
02554, File No. 41 -15:
2. Applicant is seeking relief by Special Permit pursuant to Zoning By -law Sections 139 -30
and 139 -33(A) to alter and expand a pre- existing nonconforming structure upon a pre- existing
nonconforming lot. 'Specifically, applicant proposes to relocate and renovate the pre - existing
nonconforming structure, to convert it from a workshop to a conforming residential use, to
construct an addition, and to create a conforming on -site parking space. The alterations will
result in the dwelling becoming conforming as to northeast side and front yard setbacks, as well
as being conforming as to use, ground cover, height, and parking. The structure will become less
nonconforming as to southwest side and rear yard setbacks. The Locus is situated at 11 Fayette
Street, is shown on Assessor's Map 42.3.2 Parcel 28.2, and as Lot D on Plan No. 2014 -28.
Evidence of owner's title is recorded at Book 1417, Page 7 on file at the Nantucket County
Registry of Deeds. The site is zoned Residential Old Historic (ROH).
3. Our decision is based upon the application and accompanying materials, and
representations and testimony received at our public hearing. There was no Planning Board
recommendation, on the basis that no matters of planning concern were presented. There was no
opposition, written or oral, to the application.
4. Attorney Sarah Alger represented the Applicant at the hearing. Attorney Alger explained
to the Board that the Applicant proposes to relocate and renovate the pre- existing nonconforming
structure, to convert it to a conforming residential use, and to construct a 272 square foot addition
to the structure that is no closer to the southwesterly lot line than the existing nonconforming
structure, all in accordance with Certificates of Appropriateness Nos. 64260 and 64570 issued by
the Nantucket Historic District Commission, as the same may be amended from time to time.
5. The Locus is nonconforming as to lot area, containing approximately -1,611 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-eight (38) feet of frontage on Fayette
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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.
6. The existing use of the structure as a workshop is pre- existing nonconforming, but no
relief is necessary as to such use, since it is being changed to a single - family residence, which is a
conforming use.
The existing structure on the Locus is pre- existing nonconforming as to side and rear yard
setbacks, being as close as approximately 0.4 feet to the southwest side yard lot line and as close
as approximately 1.4 feet to the northwest rear yard lot line, where a five (5) foot side and rear
yard setback distance is required. As proposed, the renovated dwelling will meet front yard
setback and northeast side yard setback, but the southwest side yard setback will become less
nonconforming, going from approximately 0.4 feet to approximately 3.5 feet, and the northwest
rear yard setback will become less nonconforming, going from approximately 1.4 feet to
approximately 2.2 feet.
7. As explained by the Applicant's representative, the Locus will continue to be conforming
as to ground cover, going from a ground cover of 578 square feet, for a ground cover ratio of
approximately 35.9 %, to approximately 799 square feet, resulting in a total ground cover ratio of
49.6% where 50% is allowed. As proposed, one conforming parking space will be provided on
site, where currently no on -site parking is provided. The finished height of the structure will be
in conformity with the provisions of Section 139- 17.C(7) of the By -law.
8. Based upon the testimony received at the hearing and the site plan entitled, "Proposed
Site Plan in Nantucket, Massachusetts; Prepared for 42 Union Street, LLC ", prepared by
Bracken Engineering, Inc., dated October 28, 2015, showing both existing and proposed
conditions on the Locus, a reduced copy of which is attached herewith as "Exhibit A ", the
Zoning Board of Appeals made a determination that the requested relief may be granted based
upon the findings that the proposed project will not make the existing nonconforming setback
distances more nonconforming and will not be substantially more detrimental to the
neighborhood than the existing nonconformities.
Specifically, the proposed extension, alteration, and change to the pre- existing, nonconforming
structure by relocating and renovating it, converting it to a conforming residential use,
constructing a new addition to the structure that is no closer to the southwesterly lot line than the
existing nonconforming structure, and creating a conforming on -site parking space, will reduce
the nonconformities of the structure, will not increase the nonconforming nature of the structure
or the lot, will not create any new nonconformities, and will result in the dwelling becoming
conforming as to side yard setback on the northeast and as to front yard setback, as well as being
conforming as to use, ground cover, height, and parking. The structure will remain
nonconforming as to side yard setback on the southwest and as to rear yard setback, but those
nonconformities will be reduced.
3
9. Accordingly, by a UNANIMOUS vote of the sitting Board, the Zoning Board of Appeals
GRANTS the requested relief by SPECIAL PERMIT pursuant to Nantucket By -law Sections
139 -30 and 139 -33(A) to alter and expand a pre- existing nonconforming structure upon a pre-
existing nonconforming lot. The relief is conditioned upon the following:
a. There shall be no exterior construction or hardscaping in
connection with the project approved herein between June 15 and
Labor Day of any given year;
b. There will be no additional alterations or construction
within the side or rear yard setback areas of five (5) feet without
further relief from this Board;
C. The proposed relocation shall be done in substantial
accordance with the above - referenced plan, a reduced copy of
which is attached herewith as "Exhibit A ".
SIGNATURE PAGE TO FOLLOW
2
Assessor's Map 42.3.2 Parcel 28.2
11 Fayette Street
a/k/a 42 Union Street (portion)
Residential Old Historic (ROH)
Dated: 12 ka52015
DORIS 7STRANG NotaMassCommission E
COMMONWEALTH OF MASSACHUSETTS
Book 1417, Page 7
shown as Lot D
Plan No. 2014 -28
County of Nantucket, ss
On the 3e. day of leCtfy&lr' 2015, before me, the undersigned notary public,
personally appeared Lisa Bo{h cy- (t , one of the above -named
members of the Zoning Board of Appeals of Nantucket, Massachusetts, personally known to me
to be the person whose name is signed on the preceding document, and acknowledged that he
;signed e foregoing instrume t voluntarily for the purposes therein expressed.
ci 1 Signature and Seal of Notary ublic
My commission expires: jo loq
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