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
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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.
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DORIS C. STRANG
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