HomeMy WebLinkAboutZA 05-16 42 Fair StreetTOWS CLERK
o��pNTUC/�E���\
2016 AUG 31 PM 2:53
RAI TOWN OF NANTUCKET
ZONING ADMINISTRATOR
NANTUCKET, MASSACHUSETTS 02554
Date: August 31, 2016
To: Parties in Interest and Others concerned with the Decision of
The Zoning Administrator in the Application of the following:
Application No: ZA 05 -16
Owner /Applicant: Pamela P. Waller, as Trustee of the Waller
Fair Street Nominee Trust u /d /t recorded with the
Nantucket Registry of Deeds at Book 578, Page 278
and dated June 3, 1998
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
42 Fair Street
Assessor's Map 42.3.2 Parcel 185
Residential Old Historic (ROH)
DECISION:
Book 578, Page 283
Plan Book 23, Page 79
1. Upon review of the Application submitted by the Applicant, the Zoning
Administrator determined pursuant to Nantucket Zoning By -Law § 139 -
33.A(1)(b) that the proposed alteration, extension, and structural change to the
pre- existing non - conforming structure do not increase its non - conforming nature.
2. The Applicant proposes to alter the pre- existing nonconforming garage within the
existing footprint. The structure is sited within the side and rear yard setbacks.
The work consists of raising the structure to remove and replace a failed
foundation. The structure will be set back down on the new foundation without
any change in use, location, height, or to the footprint. Therefore, the structure, as
so altered, will be no closer to the side and rear yard lot lines than the existing
structure. The proposed alterations have been granted Historic District
Commission approval by virtue of Certificate of Appropriateness No. 65860, as
the same may be amended from time to time.
3. The Locus, as shown on plot plan entitled, "Building Location Plan of Land in
Nantucket, Mass. ", prepared by Chip W. Hart & Associates, Inc., dated May 18,
1998, contains approximately 5,800 square feet in the Residential Old Historic
zoning district where the minimum required lot size is 5,000 square feet. The
Locus is improved with a two story wood frame dwelling with an approximate
ground cover of 1,850 square feet and 338 square foot one story wood frame
garage for a total combined ground cover ratio of approximately 38 %, where 50%
is allowed. The dwelling, which is not the subject of the relief sought herein, is
sited as close as 1.2 feet from the northerly side yard lot line. The garage structure
for which relief is sought herein, is sited as close as 2.8 feet from the southerly
side yard lot line, and 2.7 feet from the easterly rear yard lot line where the
required side and rear yard setbacks are five (5) feet. These nonconformities pre-
exist the 1972 adoption of Nantucket's Zoning By -law.
4. As shown upon the plans approved by the Historic District Commission in
connection with Certificate of Appropriateness No. 65860, the proposed work will
not result in an increase of the existing height of approximately 15.3 feet for the
garage structure within the required five (5) foot setback area, and the structure,
as so altered, will come no closer to the side or rear yard lot lines than the existing
2
structure. Therefore, the Zoning Administrator finds that the proposed alterations,
which consist of raising up and lowering back down to allow the installation of a
replacement foundation beneath the garage structure, will not result in an increase
to the pre- existing non - conforming side and rear yard setbacks upon the Locus.
Based upon the foregoing, the Zoning Administrator finds that the proposed
alterations will not increase the nonconforming nature of the garage structure, and
will not create any new nonconformities and hereby issues the permit as
requested. This approval is subject to the following conditions:
a. There shall be no exterior construction between Memorial Day and Labor Day
of any given year relative to the construction contemplated under this
decision; and
b. The proposed alterations shall be performed in accordance with Certificate of
Appropriateness No. 65860 granted by the Nantucket Historic District
Commission, as the same may be amended from time to time.
Eleanor Weller Antonietti
Zoning Administrator
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss �
On the � day of Q 2016, efore 1 the undersigned notary public,
personally appeared Elea. oY wittew 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.
ota y Public:
My Commission
101P l 202.0
DORIS C. STRANG
Notary Public
Massachusetts
Commission Expires Oct 9. 2020