The URL can be used to link to this page

Home My WebLink AboutZA 01-21 1 . J � rr 2021 MAR 12 PM 2: TOWN OF NANTUCKET ZONING ADMINISTRATOR NANTUCKET, MASSACHUSETTS 02554 Date: March 3, 2021 To: Parties in Interest and Others concerned with the Decision of The Zoning Administrator in the Application of the following: Application No: ZA 01-21 Owner / Applicant: CHARLOTTE KABACK, Trustee of 18 GARDNER STREET REALTY TRUST Property Description: 18 Gardner Street Map 42.3.4 Parcel 81 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 42.3.4, Parcel 81 Certificate of Title 20709 18 Gardner Street Lot 1; Land Court Plan No. 10875-D Residential Old Historic ("ROH") ZA Decision No. 01-21 DECISION: 1. Upon review of the Application submitted by the Applicant, CHARLOTTE KABACK, Trustee of 18 GARDNER STREET REALTY TRUST, the Zoning Administrator determined, pursuant to Nantucket Zoning By-Law (the "By-law") §139-33.A(1)(b), that the proposed extension, alteration, and change to the pre-existing, nonconforming structure lot will not increase the nonconforming nature of the structure or lot and will not create any new nonconformities. 2. The Applicant proposes to alter the pre-existing nonconforming structure by extending an existing deck along the southerly side elevation of the structure. The extended deck will be no closer to the southerly lot line than the existing structure as a result of the proposed expansion. The applicant proposes other minor alterations to the structure which do not require relief. The proposed alterations have been granted Historic District Commission approval by virtue of Certificate of Appropriateness No. HDC 2021-01-2659. 3. As shown on plan entitled, "Existing Conditions; Zoning Board of Appeals Site Plan of Land in Nantucket, Ma.", dated February 8, 2021, and prepared by Michael Connolly & Associates, Inc., a reduced copy of which is attached herewith as "Exhibit A", Locus contains approximately 9,385 square feet in the Residential Old Historic District where minimum lot size is 5,000 sq. ft. The lot has 92.54 feet of frontage where required frontage is fifty (50) feet. The premises, previously used as a guest house, benefit from prior relief. The most recent decision in 2001 granted Special Permit relief in File No. 083-01 (registered at Land Court Document No. 96172) to convert the pre-existing nonconforming guest house into a conforming use as a single family dwelling while retaining the basement apartment. 4. The historic dwelling, said to have been built circa 1837, is a validly pre-existing. nonconforming structure as to setback. The structure intrudes into the setback on the south elevation, being sited as close as 0.6 feet from the southerly side yard lot line. The existing deck is sited as close as 2.2 feet from the southerly lot line. The minimum side yard setback in ROH is five (5) feet. The structure has a ground cover of approximately 2,575 sq. ft. for a ground cover ratio of 27.4% where maximum ground cover allowed is 40% (3,754 sq. ft.). 2 5. As shown on proposed conditions plan entitled, "Proposed Conditions; Zoning Board of Appeals Site Plan of Land in Nantucket, Ma.", dated February 2, 2021, and prepared by Michael Connolly & Associates, Inc., a reduced copy of which is attached herewith as "Exhibit B", the proposed expanded deck will be no closer to the southerly side yard lot line than the existing deck and dwelling, and, as such, will neither increase the nonconforming nature of the Dwelling nor create any new nonconformities. The direct abutter and owner of 16 Gardner Street, who is most likely to be impacted by the proposed expanded deck, submitted a letter of support for the proposed project. 6. Based upon the above-referenced information and the proposed conditions site plan, the Zoning Administrator finds that the proposed work will not increase the nonconforming nature of the structure or the Locus and will not create any new nonconformities and hereby issues the permit as requested. 7. This approval is subject to the following conditions: a. There shall be no exterior construction between Memorial Day and Labor Day of any given year relative to the project contemplated under this decision; b. The proposed alterations shall be performed in substantial accordance with the plans approved in conjunction with HDC Certificate of Appropriateness No. HDC 2021-01-2659, as the same may be amended from time to time; and c. The proposed alterations shall be performed in substantial compliance with the proposed conditions plan attached herewith as "Exhibit B". '"6— Eleanor Weller Antonietti Zoning Administrator COMMONWEALTH OF MASSACHUSETTS Nantucket, ss On the \2_ day of Iia-ch , 2021, 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 purpos there'• - press-d. 1 iQARCIA ESMERALDA C.�' Notary Pubiic VC°141.4°NWEALMY fETTBNotary': ic: n+ofwasMy Cour}.fission Expir- Mig 2021 3 I'EC-E.T 4•'... ZONING CLASSIFICATION: R-0–H easnw YIN.AREA:,...,.5,000 S.F. 93851 S..'F. YR.FR 4TA : 50 FT. 92.54 FRONT TA)SB: 0 FT. .SEE.PUN N RSR&se6 S.B Et ''5 ESEE'PLAN ((( MOUND COVER m. 40 X SEE PLAN 11\ II 1 42.3.4-82 N/F VANESSA DISERIO ET AL CERT.25,237 LC. 10875-C i C / 1- PARCEL C 94.10' \ . PARKINp _ fT SALT •, _,, S Co(JR 7— cr, • COBBLE STONES X34-4,, T PARKING (40.Op' WIDE) c , n o 42.3.4-81.1 0 _ / N/F — _ K.D. GEDDES _ CERT.24,488 O L.C. 10875-0 OT 2 _• _ \ 7 / , Ii DECK I€ y � =/ 2 1/2 STY 4/F Ir. DWELLING (f G.C.=2575tSF. r' c J ® I rE °Dq iIII EXISTING DECK O Cr; CO 96.00' ry / Lc- I Zo 42.3.4-116 O I_' N/F VFM L &H. . WELD �� DEED BK. 616 PG. 131 4.0.040 4 PLAN FL 54-J OF AND 'N SCALE 1"=10' < __R.,A.8'8, 2:2' PREPARED FOR: 18 GARDNER STREET NANTUCKET PEATY T?UST ---- - -- –-– — CERT. 20703 ,. LC. 0875 LOT , GRAPHIC SCALE MICHAEL CONNOLLY & ASSOCIATES, ''C. ,O20 a PROrESSIONAL LAND 5L.81=?'C.8S m ill ,110C`7 11 LOCUS: 18 GARDNER STREET 150 SURFS a ROAD (IN racy) ASSESSOR MAP 42.3.4 PARCEL 81 NANTUCKET, MA. 52554 1 inch= 10 ft. (508) 228-861 5 ('EXHI,BT3'.1 �� ZONING CLASSIFICATION: P-0-FI CCM I MN AAEI 5,000 S.F. 9385tS.F. JN.MAGE 50 FL 92.5' i FRONT0 FT. N reRa�E�S.0 5 F7. ''SSEE'Lari ( G.0 C0.£R(:). 40 X SEE PLAN 42.3.4-82 N/F VANESSA DISERIO ET AL CERT.25,237 L.C. 10875-C 1 •-- PARCEL C 7 I1----- 1 I --_,....., 94. 10' \ r 1 CZ PARK/A/C - g 1-77Sq� ri j ••, \ COBBLE ST p//ES CASE-Ai T PARIfj/yC C (4p.pO T WOE) o T 42.3.4-61.1 O � N/F K.D. GEDDES0 CERT. 24,488 O L.C. 10875-0 1 LOT 2 -- _ , pe Raft r f`\ � ' pp DECK / 2 1/2 STY W/F DWELLING G.C.=2575±S.F. _- CO Cr) V I I� HVAC O III• I O , � �IIinsi DECK 1Lc hS / 1 NI '0 . 0 U -43 PROPOSED DECK Lu ADDMON 42.3.4-116 L &H.R. F EL WELD DEED BK. 616 PG. 131 PLAN FL.54-3 OF_AND I. SCALE: 1 =1C CATE- FE3P:AP'2, 222' PREPARED FOR: 18 GARDNER STREET NANTUCKET REALTY TRUST CERT. 22700 L.C. '0875-0, LOT ' GRAPHIC SCALE MICHAEL CONNOLLY & ASSOCIATES, IJC. ,.4 w PROF SS O JAL LAND SLPJ,'GPS LOCUS: 18 GARDNER STREET 50 50 PFSID OO5A (pi FEAT) ASSESSOR MAP 42.3.4 PARCEL 81 NANTLCKFT, MA. 02554 1 min= 10 rt (528) 228-8915 .rr