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HomeMy WebLinkAboutZA 07-16 42B Union StreetDate: September 9, 2016 To: Parties in Interest and Others concerned with the Decision of The Zoning Administrator in the Application of the following: Application No: ZA 07 -16 Owner /Applicant: UNION STREET PARTNERS, 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 42B Union Street Book 1474, Page 252 Assessor's Map 42.3.2 Parcel 28 Lot A; Plan No. 2014 -28 Residential Old Historic (ROH) DECISION: 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 modification of Zoning Administrator decision No. 28 -14, dated December 24, 2014, and recorded with Nantucket Deeds in Book 1470, Page 92 (the "2014 Decision "), by replacing "Exhibit A" to such 2014 Decision with the plan drawn by Bracken Engineering, Inc., entitled "Proposed Site Plan," dated December 22, 2014, revised on August 12, 2016, attached hereto as Exhibit A (the "Site Plan"), and the proposed work shown on the Site Plan will not increase nonconforming nature of the Locus or the structure on it or create any new nonconformities. 2. The Locus is nonconforming as to lot area, containing about 2,994 square feet, where 5,000 square feet is required, has frontage of about 78.22 feet on Fayette Street where 50 is required, and is a pre- existing, nonconforming lot under By -law §139- 33.A(3), having been created pursuant to Mass. Gen. Laws c. 41, §81P, based upon the exception in the clause of Mass. Gen. Laws c. 41, §81L for lots containing two or more structures that predate the adoption of subdivision control in the Town. The existing structure on the Locus was pre- existing, nonconforming as to side and rear yard setbacks, being as close as 0.6 feet where a five (5) foot side and rear setback is required. 3. As proposed, the structure meets front yard setback and side /rear setback on the northeast and is conforming as to height. The structure remains nonconforming as to side setback on the southeast, being approximately 1.5 feet at its closest point, and on the northwest, being approximately 4.5 feet at its closest point, but is not more nonconforming. The Locus is conforming as to ground cover, going from about 76% to about 42% where 50% is allowed, and as to parking providing one conforming space accessed over a shared driveway easement in conformity with By -law §139- 20.1.B(3), where currently no parking is provided. The Locus may have the benefit of a parking easement over adjacent Lot B on said Plan No. 2014 -28, 42A Union Street, as shown on the Site Plan. 4. Based upon the site plan entitled, "Proposed Site Plan in Nantucket, Massachusetts; Prepared for Union Street Partners II, LLC" prepared by Bracken Engineering, Inc., dated December 22, 2014, and revised August 12, 2016, showing both existing and proposed conditions on the Locus, and attached herewith as "Exhibit A ", the Zoning Administrator finds that the proposed work will neither increase the nonconforming K nature of the structure on the Locus nor create any new nonconformities and hereby issues the permit as requested. The proposed modification and the underlying extension, alteration, and change of the pre- existing, nonconforming structure will not result in an increase to any setback nonconformity and in fact will result in the structure and the Locus becoming less nonconforming as to side and rear setbacks and 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 - Tk— day of �2 Y 2016, before me, the undersigned notary public personally appeared E(e no" h , 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 fo,�the purposes therein expressed. 'Y N ary blic:�:. __mom >s DORIS C. STRANG My Commission Expires: (d ` 0� 20 I � X Notarq Public Massachusetts 1� "VON Commission Expires Oct 9, 2020 3 "EXHIBIT A" � Q f a = _ Id d yyyy .bbb,- $iy°j Is � 4! d y is N/ 1 Z- N N d�.� C ij a° z yJ d ram.— _� a Z ; W / ye b-y W co w 5� \ ,,,� is an• S "� � a d Z ma , c US ra �� d ap cn ae � W "s CO � y ap e N