The URL can be used to link to this page

Home My WebLink About074-12 7 Gardner StreetTOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 005 o cP s Date: January 11, 201 � 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. a S Teo LyA) 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 DECISION: 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 were presented. There were no letters in favor of, or in opposition to, the application. 4. 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.(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 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.(4) 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: 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 9 Dated: lO ,2013 T an Mcc rth Mi cchaae��k� J. O' 'Myra / / /mss erim Kose ac COMMONWEALTH OF ASSACHUSEITS Nantucket, ss. 10 2013 On this 10 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/ lei signed it voluntarily for its stated purpose. Afa y Public: Io6 B k%6 My commission expires: jJ111ji,14 U ti � J � 3 ti o W � N ti U m W z Q n � n „A .44 A, ITAX MAP: 42.13 ZONE: ROH PARCEL: 58 LOT AREA: 6,163 sf FRONTAGE = 79+ it FRONT YARD = 0 ft SIDE YARD = 5 ft REAR YARD = 5.5 it _ GROUND COVER = 36.2% (2,235 sf) SHELL DRIVE DRIVE f4O8 N �GC F L JJl PIC KET -FEN-CE DECK .,.,`u 2� �P e REBUILD CHIMNEY W/ ORIGIN ZPROPOSED SHED PROPOSED ADDITION ORIGINAL LOCATION DORMERS AT PRE — EXIST., AT PRE— EXIST, NON— CONFORMING NON— CONFORMING SETBACK SETBACK. APPROX. 19.3 SF. APPROX. .003% OF TOTAL LOT AREA PROPOSED SITE PLAN AC S5, EXISTING PROPERTY LINE M MI 7 GARDNER STREET Nantucket, MA Rosenberg Kolb Architects, PC 220 4et )Bryy64xt 1. BM ]OBB IN'F Paz W OM 1. PROPOSED SITE PLAN