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9pDAAS�� TOWN OF NANTUCKET
ZONING ADMINISTRATOR
NANTUCKET, MASSACHUSETTS 02554
Date: March 1, 2019
To: Parties in Interest and Others concerned with the Decision of
The Zoning Administrator in the Application of the following:
Application No: 01-19
Owner/Applicant: Preston D. Buckley and David J. Buckley,
Trustees, 8R Nobska Way Realty Trust, u/d/t dated
March 27, 2017 and recorded at the Nantucket
Registry of Deeds at Book 1584, Page 281
Property Description: 8R Nobska Way
Map 67 Parcel 101.1
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
�pORAI
TOWN OF NANTUCKET
ZONING ADMINISTRATOR
NANTUCKET, MASSACHUSETTS 02554
Date: March 1, 2019
To: Parties in Interest and Others concerned with the Decision of
The Zoning Administrator in the Application of the following:
Application No: 01-19
Owner/Applicant: Preston D. Buckley and David J. Buckley,
Trustees, 8R Nobska Way Realty Trust, u/d/t dated
March 27, 2017 and recorded at the Nantucket
Registry of Deeds at Book 1584, Page 281
Property Description: 8R Nobska Way
Map 67 Parcel 101.1
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 67 Parcel 10 1. 1
8R Nobska Way
Residential 5 (R-5)
DECISION:
Book 1584, Page 285
Book 1584, Page 288
Lot 14 on Plan No. 2017-15
1. Upon review of the application submitted by the Owner/Applicant for the above -
referenced property, it was determined by the Zoning Administrator pursuant to
Nantucket Zoning By -Law Section 139-33.A(3) that the proposed alteration to the pre-
existing nonconforming lot will neither increase an existing nonconformity nor create a
new nonconformity and, as such, is not substantially more detrimental to the
neighborhood.
2. The Locus, known as 8R Nobska Way, is a pre-existing nonconforming lot having been
created as a separate buildable lot by virtue of endorsement and recording of that certain
plan recorded at the Nantucket Registry of Deeds on February 27, 2017 as Plan No.
2017-15 and the execution and delivery of the following instruments, each of which was
recorded at the Nantucket Registry of Deeds on March 27, 2017: (i) a Deed from Preston
D. Buckley and Mary E. Buckley conveying a portion of the property commonly known
as 10 Nobska Way to the Owner/Applicant (see Book 1584, Page 285); (ii) a Deed from
David J. Buckley and Rachael A. Balestra conveying a portion of the property commonly
known as 8 Nobska Way to the Owner/Applicant (see Book 1584, Page 288); and (iii) a
Declaration of Restriction to Mere Lots for Building and Zoning P ( )
Merge g g urposes (see Book
1584, Page 290).
3. The Locus, shown as Lot 14 on Plan No. 2017-15, currently contains approximately
8,625 square feet and has forty (40) feet of frontage on Nobska Way. At the time of its
creation, the Locus was a conforming lot located in the Residential Commercial Two
(RC -2) zoning district, which, among other things, provides for a minimum frontage
requirement of forty (40) feet. However, by virtue of passage of Article 55 at
Nantucket's 2017 Annual Town Meeting ("ATM"), the zoning district for the Locus was
changed to Residential Five (R-5), which provides for a minimum frontage requirement
of fifty (50) feet (i.e., the zoning change increased the minimum required frontage by ten
feet). As a result of the zoning change from RC -2 to R-5 at the ATM, the Locus was
rendered a pre-existing, nonconforming lot as to frontage.
4. The Locus is an oversized lot, currently having a lot area of approximately 8,625 sq. ft.,
where minimum lot size in the R-5 zoning district is 5,000 sq. ft. The Owner/Applicant
has subdivided Lot 14 into two lots shown as "Lot 14A" and "Remainder Lot 14" upon
an Approval Not Required Plan ("ANR") plan entitled "Plan of Land (Being a
Subdivision of Lot 14, Plan No. 2017-15)"; #8R Nobska Way in Nantucket,
Massachusetts", dated December 31, 2018, and prepared for the Owner/Applicant by
Nantucket Surveyors, LLC. The ANR plan, endorsed by the Planning Board (File #8318)
on January 24, 2019, shows "Lot 14A" having an approximate lot area of 179 sq. ft.
(consisting solely of a narrow 2.24 foot by 80.00 foot strip of land at the rear of the
Locus) and "Remainder Lot 14" having an approximate lot area of 8,446 sq. ft. The
Owner/Applicant proposes to convey the undersized, separately unbuildable "Lot 14A"
to the northerly abutter for the purposes of merging and combining with the abutter's
existing property at 7 Salros Road, shown as Lot 8 on a plan filed in Plan Book 22, Page
63. Upon completion of the proposed alteration, the Locus (i.e., "Remainder Lot 14")
would contain approximately 3,446 sq. ft. in excess of the minimum required lot size for
the R-5 zoning district.
5. While the result of the proposed alteration will decrease the lot area of the Locus from
approximately 8,625 sq. ft. to approximately 8,446 sq. ft., the re -configuration of the
Locus into "Remainder Lot 14" will neither increase the nonconforming nature of the
Locus nor create any new nonconformities.
6. Based upon the foregoing, the Zoning Administrator finds that the Locus, to be altered as
proposed, resulting in the newly created "Remainder Lot 14" as shown on the above -
referenced ANR plan, shall retain its status as a pre-existing nonconforming lot with
respect to frontage but will not be made more nonconforming and, furthermore, the
proposed alteration will not result in a new nonconformity. Accordingly, the proposed
re -configuration of the Locus may be allowed by virtue of the determination that it will
not be substantially more detrimental to the neighborhood.
Eleanor Weller Antonietti
Zoning Administrator
COMMONWEALTH OF MASSACHUSETTS
Nantucket, 1�
On the -— day of � V C � 2019, before me, the undersigned notary public,
personally appeared Eleanor Weller Antonietti, 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.
No Publ'
My Commi on Expires: aU
�j MEGAN TRUDEL
Notary Public
�) COMMQNVPEALTH OF MASSACHUSETTS
My Commission Expires On
Subdivision of Lot 14, Plan No. 2017-15)"; #8R Nobska Way in Nantucket,
Massachusetts", dated December 31, 2018, and prepared for the Owner/Applicant by
Nantucket Surveyors, LLC. The ANR plan, endorsed by the Planning Board (File #8318)
on January 24, 2019, shows "Lot 14A" having an approximate lot area of 179 sq. ft.
(consisting solely of a narrow 2.24 foot by 80.00 foot strip of land at the rear of the
Locus) and "Remainder Lot 14" having an approximate lot area of 8,446 sq. ft. The
Owner/Applicant proposes to convey the undersized, separately unbuildable "Lot 14X"
to the northerly abutter for the purposes of merging and combining with the abutter's
existing property at 7 Salros Road, shown as Lot 8 on a plan filed in Plan Book 22, Page
63. Upon completion of the proposed alteration, the Locus (i.e., "Remainder Lot 14")
would contain approximately 3,446 sq. ft. in excess of the minimum required lot size for
the R-5 zoning district.
5. While the result of the proposed alteration will decrease the lot area of the Locus from
approximately 8,625 sq. ft. to approximately 8,446 sq. ft., the re -configuration of the
Locus into "Remainder Lot 14" will neither increase the nonconforming nature of the
Locus nor create any new nonconformities.
6. Based upon the foregoing, the Zoning Administrator finds that the Locus, to be altered as
proposed, resulting in the newly created "Remainder Lot 14" as shown on the above -
referenced ANR plan, shall retain its status as a pre-existing nonconforming lot with
respect to frontage but will not be made more nonconforming and, furthermore, the
proposed alteration will not result in a new nonconformity. Accordingly, the proposed
re -configuration of the Locus may be allowed by virtue of the determination that it will
not be substantially more detrimental to the neighborhood.
Eleanor Weller Antonietti
Zoning Administrator
COMMONWEALTH OF MASSACHUSETTS
Nantucket, sg,,
On the day of VAayCv-,\ 2019, before me, the undersigned notary public,
personally appeared Eleanor Weller Antonietti, 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.
No Publ'
My Commi on Exf res: zU
¢� MEGAN TRUDEL
Notary Public
CCMMONWEALTH OF MASSACHUSETTS
My Commission Expires On
May 08, 2020
TOWN OF NANTUCKET
NANTUCKET ZONING ADMINISTRATOR
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 67 Parcel 101.1
8R Nobska Way
Residential 5 (R-5)
DECISION:
Book 1584, Page 285
Book 1584, Page 288
Lot 14 on Plan No. 2017-15
1. Upon review of the application submitted by the Owner/Applicant for the above -
referenced property, it was determined by the Zoning Administrator pursuant to
Nantucket Zoning By -Law Section 139-33.A(3) that the proposed alteration to the pre-
existing nonconforming lot will neither increase an existing nonconformity nor create a
new nonconformity and, as such, is not substantially more detrimental to the
neighborhood.
2. The Locus, known as 8R Nobska Way, is a pre-existing nonconforming lot having been
created as a separate buildable lot by virtue of endorsement and recording of that certain
plan recorded at the Nantucket Registry of Deeds on February 27, 2017 as Plan No.
2017-15 and the execution and delivery of the following instruments, each of which was
recorded at the Nantucket Registry of Deeds on March 27, 2017: (i) a Deed from Preston
D. Buckley and Mary E. Buckley conveying a portion of the property commonly known
as 10 Nobska Way to the Owner/Applicant (see Book 1584, Page 285); (ii) a Deed from
David J. Buckley and Rachael A. Balestra conveying a portion of the property commonly
known as 8 Nobska Way to the Owner/Applicant (see Book 1584, Page 288); and (iii) a
Declaration of Restriction to Merge Lots for Building and Zoning Purposes (see Book
1584, Page 290).
3. The Locus, shown as Lot 14 on Plan No. 2017-15, currently contains approximately
8,625 square feet and has forty (40) feet of frontage on Nobska Way. At the time of its
creation, the Locus was a conforming lot located in the Residential Commercial Two
(RC -2) zoning district, which, among other things, provides for a minimum frontage
requirement of forty (40) feet. However, by virtue of passage of Article 55 at
Nantucket's 2017 Annual Town Meeting ("ATM"), the zoning district for the Locus was
changed to Residential Five (R-5), which provides for a minimum frontage requirement
of fifty (50) feet (i.e., the zoning change increased the minimum required frontage by ten
feet). As a result of the zoning change from RC -2 to R-5 at the ATM, the Locus was
rendered a pre-existing, nonconforming lot as to frontage.
4. The Locus is an oversized lot, currently having a lot area of approximately 8,625 sq. ft.,
where minimum lot size in the R-5 zoning district is 5,000 sq. ft. The Owner/Applicant
has subdivided Lot 14 into two lots shown as "Lot 14X" and "Remainder Lot 14" upon
an Approval Not Required Plan ("ANR") plan entitled "Plan of Land (Being a
2