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Home My WebLink About074-12 7 Gardner StreetRECEIVED 2011 DEC 7 R9 11 43 TOWN OF NANTUCKET NANTUCKET TOWN CLERK BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Fee: $300.00 File No. 0l4- iz, Owner's name(s): ERIC ROSENBERG & MICHELE KOLB Mailing address: 226 EAST 79TH STREET, NEW YORK, NY 10075 Phone Number. (212) 996 -3099 E- Mail: EROSENBERG @ROSENBERGKOLB.COM Applicant's name(s): ERIC ROSENBERG Mailing Address: 226 EAST 79TH STREET, NEW YORK, NY 10075 Phone Number. (212) 996 -3099 E -Mail: EROSENBERG @ROSENBERGKOLB.COM Locus Address: 7 GARDNER STREET Assessor's Map /Parcel: 4233/58 Land Count Plan /Plan Book & Page /Plan File No.: Deed Reference /Certificate of Title: Zoning District ROH Uses on Lot- Commercial: None Yes (describe) Residential: Number of dwellings ONE DuPlex NO ApartmentsNO Date of Structure(s): all pre -date 7/72 or 1834 Building Permit Numbers: N/A Previous Zoning Board Application Numbers: N/A 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 2284215 telephone 508- 228 -7298 facaimile State below or at each a separate eddendurn of specific special permits or variance relief applying for: Applicant requests Special Permit to add shed dormers within pre - existing, non - conforming setback at south side yard. Proposed shed dormers to align with existing south facade which encroaches 3' -8' into 5' -0' required setback. Applicant also requests Special Permit to rebuild chimney approximately 20'x24' at original location which wilt encroach 3' -5° into V -0" required setback. Proposed chimney will not encroach Into setback more than pre- existing, non - conforming setback. Applicant also seeking relief to extend rear ell of existing building. Addition is approximately 19.3 SF over required 5'-0' setback and is approximately .003% of total lot area. I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: Owner' SIGNATURE: Applicant /A t tomey /Agent* *If an Agent is representing the Owner or dre Applicant, please provide a signed proof of agency. OFFICE USE ONLY Application received on: / / By:. Complete: Need Copies: Filed with Town Clerk: —/,_ planning Board:JJ_ Building Dept.-.—/—/— By: Fee deposited with Tmvn- freasurcn /j, By: Waiver requested: Granted: / / Hearing notice posted with -town Clerk-.—/—/ hfailcd: / Mki\l / / & / / flearing(s)hcldon: / / Openedon: Continued to: / / Withdmwn: / / Decision Due By: / Made: / / Filed w /Town Clerk: / / ',failed: / / 2 Fairgrounds Road Nantucket Massachusetts 02554 508- 228 -7215 telephone 508. 2284298 facsimile E /1 IOC �5 MAP OWN 7 GARDNER STREET Nantucket, MA Rosenberg Kolb Architects, PC Mn Ym4.�M'IW]5 Pt[ �R W6b"Bv i�dl Locus MAP 7 U v i a i- Lu L'i Lu on ti Z on c TAX MAP: 42.3.3 ZONE: ROH PARCEL: 58 LOT AREA: 6,163 sf FRONTAGE = 79+ It FRONT YARD = 0 It SIDE YARD = 5 ft REAR YARD =5.5 It 61. 21 EXISTING SITE PLAN GROUND COVER = 27.8% (1,715 sf) ... _ 91.67 SHELL DRIVE EXISIDN, 7 408 =F SR SS• jEXISTING PROPERTY LINE P� ti OPh Q N 7 GARDNER STREET Nantucket. MA Rosenberg Kolb Architects, PC .1 Yo�eY� Ilb� Pay M 9 9091 EXISTING SITE PLAN TAX MAP: 42.3.3 ZONE: ROH PARCEL: 58 LOT AREA: 6,163 sf FRONTAGE = 79+ it FRONT YARD- = 0 it SIDE YARD = 5 ft REAR YARD = 5.5 it GROUND COVER = 36.2% (2,235 sf) U w SHELL DRNE�L 1TIN GARAGE 408 ~ _ SF _ W j PICKET F _ 0_ Y ENCE AC CONDI C/) U LU z _ 3 n ROPOS DECK ED % EXISTING PROPERTY LINE 2 2 UP `REBUILD CHIMNEY / -, ( W/ ORIGINAL '/PROPOSED W` / BRICK AT SHED PROPOSED ADDITION ORIGINAL LOCATION DORMERS AT AT PRE - EXIST, PRE- EXIST., NON- CONFORMING NON- CONFORMING SETBACK SETBACK. APPROX. 19.3 SF. APPROX. -- .003% OF TOTAL LOT AREA N T PROPOSED 51TE PLAN I ii 6+ PO 7 GARDNER STREET Nantuck.t.ckect, MA Rosenberg Kalb Architects, PC 226 eut 70 s E1299B6�WB W6 Yrt 212 99 ]09] PROPOSED SITE PLAN W O N m 0 c Y cI :R V A y H d G� � s3 a na e 3rn H S a�a vai m �i 0 z .';�� H °aePp y 3 fix° 9s3x a z� do ea � °z �m �A Zw a� �n j `6,00 Town of Nantucket Zoning Board of Anneals LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: �= 1 10 MAILING ADDRESS .... .......... .../...�.........Q ... PROPERTY LOCATION..........:.l. - -,e6. 1X4..^.. W-/: /. .•.. ,Xz33 -,5-r ASSESSOR MAP/ PARCEL ................................... ............................... SUBMITTED BY .... ,,Il. CE... !!;!(!......` ....!t . i. SEE ATTACHED PAGES I certify that the foregoing is a list of all persons who are owners of abutting property, owners of land directly opposite on my public or private street or way; and abutters of the abutters and all other land owners within 300 feet of the property line of owner's property, as they appear on the most recent applicable tax list (M.G.L. c. 40A, Section 11 and Zoning Code Chapter 40A, Section 139 -29B (2)• D TE �- ASSESSOR'S OFFICE TOWN OF NANTUCKET ............... UrW W Wr.. e °W .•W•.. y H H Y � M ° °Cwn °weaBemWeS "•8 "vFB:�e:8G W8•anGrr.G� °ae88� ' 8 � 6 8 99555N 5E6" �d8�5.G�35v795555$$;$$5gg55557a P EE 55$ aEE sz .... U ti J � 3 u W o Of y � U � 0] LEI z h 67.24• I TAX MAP: 42.3.3 ZONE: ROH PARCEL: 58 LOT AREA: 6,163 sf FRONTAGE = 79+ It FRONT YARD = 0.2 It SIDE YARD = 1 It REAR YARD = 5.6 It _ GROUND COVER = 36.2% (2,235 sf) 91 6. 48EL( DRIVE EI(ISITIN ZL 408 S G RAGE 1 9 Z GARDNER T __.. _... _. NEW ADDITIONS WI H Ii. I PROPOSED 51TE PLAN nn ra DECK —cu �P O QC V / Q ' AC CON S6. EXISTING PROPERTY LINE N T 7 GARDNER STREET Nantucket, MA Rosenberg Kolb Architects, PC E129'lk"'Ns iu 2IY BB!uAl PROPOSED SITE PLAN 11 -0 REBUILD CHIMNEY W/ ORIGINAL _4 BRICK AT PROPOSED SHED ORIGINAL LOCATION DORMERS AT PROPOSED ADDITION PRE- EXIST., AT PRE - EXIST, NON - CONFORMING NON- CONFORMING SETBACK SETBACK. APPROX. 13.5 SF. APPROX. .002% OF TOTAL LOT AREA PROPOSED 51TE PLAN nn ra DECK —cu �P O QC V / Q ' AC CON S6. EXISTING PROPERTY LINE N T 7 GARDNER STREET Nantucket, MA Rosenberg Kolb Architects, PC E129'lk"'Ns iu 2IY BB!uAl PROPOSED SITE PLAN Itlf iAK.°Ur[ r[IPaRN R WMLeKET RAINMS WIFV AR LIJ£R iFIE �— NKILN LLMR0. LAW NOI FEg1IHFD onR Irvw.rD onre s ,FD PPe e '.1 4t �QI x Rpp 4 Jd �l °fib 141fE �� OY0 0- x -Ara . xr $ �� aN > vNt6lb xwNY�rKxLRW'L.�LUN.x PR raK Ar11 C rv� �reA a I� V/ � � n F x a auy °ynrac ,r Itlf iAK.°Ur[ r[IPaRN R WMLeKET RAINMS WIFV AR LIJ£R iFIE �— NKILN LLMR0. LAW NOI FEg1IHFD onR Irvw.rD onre s ,FD PPe e '.1 4t �QI x Rpp 4 Jd �l °fib 141fE �� OY0 0- x -Ara . xr $ �� aN > vNt6lb xwNY�rKxLRW'L.�LUN.x PR raK Ar11 C s�IM� WS+nR M iLxN R WMYMEi AIXTKg1 w.s KKPr® RgKV 4. � W I � x .Y2 (tFA1Fp gR9W8 x0 (rvFlpt N YLNM X wlRp��p.0 L �! RI 1F➢ W M IW � XL : J1G >SU W M T1BnL 99fffJtY uMNV?BA.rfJY'Y. �.LLY fDIl PREENED PLR '. ER1L 3 Fd�m -sb k MIGHE KL4D `T HUAER ZiRffT AC 1M° I19> pNtfi. zB L® MMt tlM PIE£ M FLAN LF LMlp p o vA r STREET NANR I , NAMlY.KET 2q 20l MA55 SCALE " = 10' �2F10�2 FRANC O � 6 NA WE5TGIIKTER STREET NANTLY,KET MA55, TOWN OF NANTUCKET 7S� y �� BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 015543 o � s Date: January 11, 201 m To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 074 -12 Owner /Applicant: Eric J. Rosenberg and Michele Kolb 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 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. Edward S. Toole, Chairman 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- 228 -7215. NANTUCKET ZONING BOARD OF APPEALS - 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 42.3.3, Parcel Deeds Book 1282, Page 80 58 7 Gardner Street Residential Old Historic DFCT.RTnN- 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, December 13, 2012, at 1:00 P.M., 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of ERIC J. ROSENBERG AND MICHELE KOLB, 226 East 79th Street, New York, New York 10075, File No. 074 -12: 2. Applicants are requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(4) and (5) (alteration of preexisting nonconforming structures) in order to alter and extend the preexisting nonconforming structure on the Locus without increasing the nonconforming nature of the structure. The structures on the Locus are nonconforming with respect to northerly and southerly side yard setbacks, being sited as close as approximately 1.3 feet from the northerly side yard lot line and approximately 1.0 feet from the southerly side yard lot line in a zoning district that requires a five (5) foot side and rear yard setback. The Applicant is proposing to renovate the structure by adding shed dormers, a new chimney, and extending the rear "ell" of the building. Although said work will be in the southerly side yard setback, it will be no closer to the lot line than the existing structure. The Locus is situated at 7 Gardner Street, is shown on Nantucket Tax Assessor's Map 42.3.3 as Parcel 58, and evidence of owner's title is recorded at the Nantucket Registry of Deeds in Book 1282, Page 80. The site is zoned Residential Old Historic. 3. Our decision is based upon the application and accompanying materials, representations, and testimony received at our public hearing. There was no Planning Board recommendation on the basis that no matters of planning concern 1 were presented. There were no letters in favor of, or in opposition to, the application. 9. Eric Rosenberg represented himself at the hearing. Mr. Rosenberg explained to the Board that the Applicants are requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Sections 139- 33.A.(9) and (5) (alteration of preexisting nonconforming structures) in order to alter and extend the preexisting nonconforming structure on the Locus without increasing the nonconforming nature of said structure. The structures on the Locus are nonconforming with respect to northerly and southerly side yard setbacks, being sited as close as approximately 1.3 feet from the northerly side -yard lot line and approximately 1.0 feet from the southerly side yard lot line in a zoning district that requires a five (5) foot side and rear yard setback. The Applicants are proposing to renovate the structure by adding shed dormers, a new chimney, and extending the rear "ell" of the building. Although this work will be done in the southerly side yard setback, it will not be any closer to the lot line than the existing structure. Mr. Rosenberg added that they have Historic District Commission approval for the requested alterations. The Board asked the Applicants to make confirm that the air conditioner units are outside the setbacks. A copy of a revised site plan showing the air conditioner units approximately 5.0 and 5.5 feet from the rear yard setback is on file with the Zoning Board of Appeals. 5. Therefore, after a discussion with the Applicant, the Board finds that such Special Permit relief pursuant to Nantucket Zoning Bylaw Sections 139- 33.A.(9) and (5) in order to add shed dormers, a new chimney, and extend the rear "ell" of the structure would be in harmony with the general purposes and intent of the Bylaw and would not be substantially more detrimental to the neighborhood than the existing nonconformity. 6. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board of Appeals made the finding that such Special Permit relief pursuant to Nantucket Zoning Bylaw Sections 139- 33.A.(4) and (5) to add shed dormers, a new chimney, and extend the rear "ell" of the structure would not be substantially more detrimental to the neighborhood than the existing nonconformity and would be in harmony with the purpose and intent of the Zoning Bylaw with the following conditions: E a. That all work shall be done as shown on the plan entitled "Proposed Site Plan," prepared by Rosenberg Kolb Architects, PC, dated November 15, 2012, attached hereto as "Exhibit A "; and, b. That there shall be no exterior construction between Memorial Day and Labor Day of any year. SIGNATURE PAGE TO FOLLOW 3 Dated: S t ID ,2013 an Mcc rth Mic /ha /e�k� J. O�Mjfra else ac COMMONWEALTH OF ASSAACHUSETTS Nantucket, as. t0 2013 On this IU day o 2013, before me, the undersigned Notary Public, personally appeared who is personally known to me, and who is the person whose name is signed on the preceding or attached document, and who acknowledged to me that he /signed it voluntarily for its stated purpose. I_ NO Try Public: rir. 8 e(par My commission expires: U ti � 3 � o W W N � y C1) U Cc m W z (' n I TAX MAP: 42.3.3 ZONE: ROH PARCEL: 58 LOT AREA: 6,163 sf FRONTAGE = 79+ ft FRONT YARD = 0 ft SIDE YARD = 5 It REAR YARD = 5.5 It GROUND COVER = 36.2% (2,235 sf) �... 91.67' SHELL DRIVE 4081 SF RAGE PICKET DECK u 2� �P OPT V Q � REBUILD CHIMNEY W/ ORIGIN ZFROPOSED SHED DORMERS AT PROPOSED ADDITION ORIGINAL LOCATION PRE— EXIST., AT PRE — EXIST, NON— CONFORMING NON— CONFORMING SETBACK SETBACK. APPROX. 19.3 SF. APPROX. .003% OF TOTAL LOT AREA 51TE PLAN n«o ED AC S5, EXISTING PROPERTY LINE �11 04 W 7 GARDNER STREET Nantucket, M Rosenberg Kolb Architects, PC N'r Yoh11 sn l 3 fei 21R 996 ]W] PROPOSED SITE PLAN