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HomeMy WebLinkAboutZA 06-16 42A Union StreetZONING ADMINISTRATOR NANTUCKET, MASSACHUSETTS 02554 Date: 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 06 -16 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 Antonietti, 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 modification of Zoning Administrator decision No. 14 -15, dated July 27, 2015, and recorded with Nantucket Deeds in Book 1498, Page 70 (the "2015 Decision "), by replacing "Exhibit A" to such 2015 Decision with the plan drawn by Bracken Engineering, Inc., entitled "Proposed Site Plan," dated June 25, 2015, revised on August 12, 2016 (the "Site Plan"), and the proposed work shown on the Site Plan will not increase the 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 2,827 square feet, where 5,000 square feet is required, and as to frontage, having of about 36 feet on Union Street where 50 feet are 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 yard setback, having zero 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 (5) foot rear yard setback is required. 3. As proposed, the new dwelling with attached garage will meet front, side, and rear 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 one conforming space in the attached garage accessed over a shared driveway easement in conformity with By -law §139- 20.1.B(3), where currently no conforming parking is provided. The finished height of the structure will be in conformity with the provisions of the By -law. The Locus may be subject to a parking easement in favor of adjacent Lot A on said Plan No. 2014 -28, 42B 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 I1, LLC ", drawn by Bracken Engineering, Inc., dated June 25, 2015, and revised August 12, 2016, showing both existing and proposed conditions on the Locus, a reduced copy of which is attached herewith as "Exhibit A ", F) the Zoning Administrator finds that the proposed work will not increase the nonconforming nature of the Locus or structure or 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 conforming as to all setbacks as well 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. Z'Xz�� Eleanor Weller Antonietti Zoning Administrator COMMONWEALTH OF MASSACHUSETTS Nantucket, ss On the day of 5q1�A-eyy-%6 2016, before me, the undersigned notary public, personally appeared Eleanor Weller Antometti, 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. DORIS C. STRANG Notary Public of Public: °'{ Massachusetts `r� ' Commission Expires Oct 9. 2020 My Commission Expires: 1alpq `W �^`` 3 1"EXHIBIT A" r`p m N E J i �Z�J Q J N — oo6 a w Lj w� g a` CL LD o`�a S.: \ Quoin a8 L''^i W d` w M k c mss' Q K V! Y w ¢ (V N N d o LL � N =O 1 b.� .... 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