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'9pORAITOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: October 15, 2019
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No.: 28-19
Owner/Applicant: lOR MOUNT VERNON STREET, LLC
Property Description: 1OR Mount Vernon Street
Map 55.4.4, Parcel 10.1
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with the office of the Nantucket Town Clerk.
An Appeal from this Decision may be taken pursuant to Section 17
of Chapter 40A, Massachusetts General Laws.
Any action appealing the Decision must be brought by filing a
complaint in Nantucket Superior Court or Land Court within TWENTY
(20) days after this day's date. Notice of the action with a copy
of the complaint and certified copy of the Decision must be given
to the Town Clerk so as to be received within such TWENTY (20)
days.
Eleanor W. Antonietti,
Zoning Administrator
cc: Town Clerk
Planning Board
Building Commissioner/Zoning Enforcement Officer
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND
WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING BY-LAW
SECTION 139-30 (SPECIAL PERMITS); SECTION 139-32 (VARIANCES). ANY
QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICE AT
508-325-7587.
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 55.4.4, Parcel 10.1
IOR Mount Vernon Street
Residential Old Historic ("ROH")
DECISION:
Book 1256, Page 167
Plan Book 21, Page 53
Lot 2
1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, October 10,
2019, at 1:00 P.M., at Four Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following decision on the application of lOR Mount Vernon Street, LLC, as Applicant and
Owner, in care of Sarah F. Alger, Sarah F. Alger, PC, Four North Water Street, Nantucket,
Massachusetts 02554, File No. 28-19.
2. The Applicant seeks a special permit pursuant to Nantucket Zoning By-law (the "By-law")
§§ 139-30 and 139-33.A(2) or, in the alternative, a variance pursuant to By-law § 139-32, to extend
the pre-existing, nonconforming ground cover on the Locus by up to 150 square feet, by
constructing an addition over an existing open porch. The ground cover as existing is about 1,023
square feet, resulting in a ground cover ratio of roughly 43.6%. As proposed, the ground cover
would be about 1,173 square feet or about 50%. The proposed addition would otherwise meet the
dimensional requirements of the By-law. As a result of a zoning change adopted at the 2019
Annual Town Meeting that reduced the maximum allowable ground cover ratio in the Residential
Old Historic ("ROH") zoning district from fifty percent (50%) to forty percent (40%), the Locus
became pre-existing non -conforming as to groundcover. The new construction will be conforming
as to all setback requirements. The Locus, a pre-existing nonconforming lot of record as to
frontage, lot area, setbacks, and parking, is situated at l OR Mount Vernon Street, is shown on Tax
Assessor's Map 55.4.4 as Parcel 10. 1, as Lot 2 upon plan recorded with Nantucket Deeds in Plan
Book 21, Page 53. Evidence of owner's title is recorded with Nantucket Deeds in Book 1256,
Page 167. The site is zoned Residential Old Historic ("ROH").
3. Our decision is based upon the application and accompanying materials, and
representations and testimony received at our public hearing. There was no Planning Board
recommendation. No abutter comment was received in favor of or in opposition to the application.
4. Attorney Sarah Alger represented the Applicant. Attorney Alger stated that the Applicant
is seeking a special permit pursuant to By-law §§139-30 and 139-33.A(2) or, in the alternative, a
variance pursuant to By-law §139-32 to extend the pre-existing, nonconforming ground cover on
the Locus by about 72.5 square feet, by constructing an addition over an existing open porch. The
existing ground cover as approximately 1,023 square feet, for a ground cover ratio of 43.6%. As
2
proposed, the ground cover would be about 1,095 square feet for an approximate ground cover
ratio of 46.7%. The proposed addition would otherwise meet the dimensional requirements of the
By-law.
5. The Locus is located in the ROH zoning district. It was created by a plan endorsed by the
Nantucket Planning Board 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 1955 adoption of subdivision control in the Town. As such, it is considered a preexisting,
nonconforming lot for purposes of By-law §139-33. The Locus has the benefit of relief by variance
in File No. 023-94 by virtue of decision dated May 19, 1994, recorded with Nantucket Deeds in
Book 448, Page 337; however, with the passage of the amendments to By-law §139-33.A(3), such
relief is no longer necessary and is abandoned with this decision.
6. The Locus is nonconforming as to area, containing about 2,346 square feet where a
minimum lot size of 5,000 square feet is required, and as to frontage, having no frontage, where
minimum frontage of fifty (50) feet is required. Access to the Locus is by way of an easement,
twelve (12) feet wide, from Mount Vernon Street.
7. The single-family dwelling on the Locus is nonconforming as to side and rear setback,
having rear setback of about 1.6 feet at its closest point on the east, and side yard setback of about
0.9 feet at its closest point on the south and about four (4) feet at its closest point on the north,
where minimum required side and rear yard setback is five (5) feet. The Locus is also
nonconforming as to parking, providing no parking space, were one space is required.
8. Until April 2019, the Locus was conforming as to ground cover, having ground cover of
about 43.6% or about 1,023 square feet, where maximum allowable ground cover was 50% or
about 1,173 square feet. At the April 2019 Annual Town Meeting, the maximum ground cover
ratio allowed in the ROH zoning district under By-law §139-16 was reduced from fifty percent
(50%) to forty percent (40%), and the Locus became nonconforming as to ground cover. The
Applicant had had the plans for this expansion prepared and was in the process of moving forward
and was caught unawares by this zoning change. The plans for the expansion have been approved
by the Nantucket Historic District Commission as evidenced by Certificate of Appropriateness No.
73196.
9. Given these circumstances, the Applicant believes that the proposed project meets the
requirements of By-law §139-33.A(2) as follows:
(a) The increase in ground cover ratio will not be substantially more detrimental
to the neighborhood than the existing nonconformity;
3
(b) The resulting ground cover ratio is consistent with the character of the
surrounding neighborhood; and
(c) The extension, alteration, or change to the existing structure or the new
structure is conforming to other dimensional requirements of this chapter.
10. Therefore, after a discussion with the Applicant's counsel, the Board finds that such a
Special Permit may be granted to allow the extension of the pre-existing, nonconforming ground
cover on the Locus by about 72.5 square feet, by constructing an addition over an existing open
porch, resulting in total ground cover of about 1,095 square feet and a ground cover ratio of about
46.7%, with such addition to otherwise meet the dimensional requirements of the By-law and not
result in any other zoning nonconformity.
11. Accordingly, by a unanimous vote of the sitting Board, the Board of Appeals made the
following findings:
(a) The dwelling and its use, as proposed, are in harmony with the general purpose and
intent of the By-law;
(b) The proposed increase in ground cover on the Locus by about 72.5 square feet,
resulting in total ground cover of about 1,095 square feet and a ground cover ratio
of about 46.7%, will not be substantially more detrimental to the neighborhood than
the existing nonconformity;
(c) The resulting ground cover ratio of about 46.7% is consistent with the character of
the surrounding neighborhood; and
(d) The proposed alteration of the existing structure will be conforming to other
dimensional requirements of the By-law; and
granted the requested relief by Special Permit, subject to the following conditions:
• No exterior construction or hardscaping in connection with the project approved
herein shall occur between Memorial Day and Labor Day of any given year; and
• The proposed alteration shall be constructed in substantial conformity with the site
plan drawn by Blackwell & Associates, Inc., dated October 11, 2019, a copy of
which is attached hereto as "Exhibit A", and Certificate of Appropriateness No.
73196 issued by the Nantucket Historic District Commission.
SIGNATURE PAGE FOLLOWS
4
Assessor's Map 55.4.4, Parcel 10.1
IOR Mount Vernon Street
Residential Old Historic ("ROH")
Dated: October 10, 2019
Nantucket, ss.
Book 1256, Page 167
Plan Book 21, Page 53
Lot 2
Kerim Koseatac
Mark Poor
COMMONWEALTH OF MASSACHUSETTS
On the day of 2019, before me, the undersigned notary public,
personally appeared ce 6ON& K -e , one of the above-named
members of the Zoning Board of Appeals of Nantucket, Massachusetts, personally known to me
to be the person whose name is signed on the preceding document, and acknowledged that they
signed the foregoing instrument as their free act and deed and voluntarily for the purposes therein
expressed.
Official Signature and Seal of Notary Public
My commission expires:
LESLIE WOODSON SNELL
UfNotary Public
C01M10NNfEAL7H OF IIASSACt1USE7TS
Commission My Common Expires
September 26, 2025
"EXHIBIT A"
CURRENT ZONINGCLASSIFICATION:
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.4-68
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SZWAJKOWSKIEY MILLER
Residetial Old Historic (R -OH)
X109:
PROPOSED CONDITIONS
MINIMUM LOT SIZE: 5000 S.F.
2,346 S.F.t
Proposed.
2,346 S.F.t
MINIMUM FRONTAGE: 50 FT.
FRONT YARD SETBACK:
SEE PLAN
SEE PLAN
none
REARGROUND COVER
SEE PLAN
SEE PLAN
%SETBAC: 40%
43.6xSEE ±
;6;x`1" EXISTING CONDITIONS
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SZWAJKOWSKIEY MILLER
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55.4.4-35 o FIND.N/F 4.4 68
55.N/F
PROPOSED CONDITIONS
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PERIFAMILYLIVING TRUST PROPOSED 72.5 S.F.
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ORIGINAL SIGNED AND STAMPED COPIES OF THIS PUN MAY BE
PHOTOCOPIED BY THE BOARD OF APPEALS OR THE NANTUCKET
REGISTRY OF DEEDS FOR RECORDING PURPOSES. IN CASES OF
DISCREPANCIES REGARDING INFORMATION CONTAINED HEREON AND
UNAUTHORIZED PHOTOCOPIES OF THIS PLAN, ONLY ORIGINALLY
STAMPED AND ENDORSED COPIES SHAH BE ACKNDWLEDGED BY THE
CERTIFYING LAND SURVEYOR.
THIS INSPECTION PUN WAS PREPARED TO ACCOMPANY AN APPLICATION
TO THE NANTUCKET BOARD OF APPEALS AND IS NOT TO BE CONSIDERED
A FULL INSTRUMENT SURVEY. THIS PLAN SHOULD NOT BE USED TO
FSTAB ISH PROP RTY INFO, FENCES, HEDGES OR ANY ANCILLARY
STRUCTURES ON THE PREMISES, THE PROPERTY UNES SHOWN RELY ON
CURRENT DEEDS AND PUNS OF RECORD,
THIS INSPECTION PLAN IS NOT A CERTIFICATION AS TO THE TITLE OR
OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING
PROPERTIES ARE SHOWN ACCORDING TO CURRENT TOWN OF NANTUCKET
ASSESSOR RECORDS.
THIS PUH SHALL NOT BE USED FOR ANY OTHER PURPOSE OTHER THAN
ITS INTENDED USE STATED ABOVE.
QC Blockwell k Associotes Inc
T:\JACK 26 JOB 21
V.\DRAWFILES\B7358\ZBA.dwg 10/11/2019 12:20:21 PM EDT
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55.4.4-35 o FIND.N/F 4.4 68
55.N/F
FRAKER N
MICHAEL C. SZWAJKOW5K1 k
COURTNEY MILLER
Site Plan to Accompany
Zoning Board of Appeals
Application
in
Nantucket, Mass.
SCALE: 1'= 20' DATE: OCTOBER 11, 2C19
Owners: fOR. LOOA?.ii/ZNDN S7Rl17.'LLC
Deed Bk./Pg.: 1256/167 Pion Bk./Pg.: 27/1
Tax Mop -Parcel: , 55:4:4-10.(
4J W�
Locus:. , 10R MOUNT VERNON STREET . .
JEFFREY$oc
BLACKWELL k ASSOCIATES, Inc.
i BLACKWELL a'1
Professional Land Surveyors
35388 y i
20 TEASDALE CIRCLE
qNo
NANTUCKET, MOSS. 02554
(508) 228-9026
GRAPHIC SCALE
( IN FM)
1 Inch - 20 R
B7358