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Home My WebLink About01-17 12 Gardner DecisionBOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: February 9, 2017 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No.: 01 -17 Current Owner /Applicant: RONALD W. WINTERS and ELLEN H. WINTERS Property Description 12 Gardner Street Map 42.3.3 Parcel 12 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 Two Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 42.3.3, Parcel 12 12 Gardner Street Residential Old Historic (ROH) DECISION: Certificate of Title No. 24714 Land Court Plan 21923 -A 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, January 12, 2017, at 1:00 P.M., in the First Floor Community Room of the Public Safety Facility at Four Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of RONALD W. WINTERS and ELLEN H. WINTERS, Post Office Box 1540, Nantucket, Massachusetts 02554, File No. 01 -17: 2. The Applicant is seeking Special Permit relief pursuant to By -law Sections 139 -7(a), 139 -30, and 139 -33.A to allow the change of use of a pre- existing nonconforming garage structure to a residential use with an expansion of the footprint. Applicant proposes to convert the garage, which is pre- existing nonconforming as to side and rear yard setbacks, into a second dwelling and build a conforming 187 square foot addition. The garage, as so altered, will not be any closer to the side or rear yard lot lines. The Locus is situated at 12 Gardner Street, is shown on Assessor's Map 42.3.3 as Parcel 12, and upon Land Court Plan 21923 -A. Evidence of owner's title is registered on Certificate of Title No. 24714 at the Nantucket County District of the Land Court. 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 a favorable recommendation from the Planning Board, on the basis of related Planning Board approvals cited below. There was no opposition, written or oral, to the application and there was one abutter letter in support of the application. 4. The locus has an approximate lot area of 8,184 square feet in the Residential Old Historic zoning district where minimum lot size is 5,000 square feet. The lot is pre - existing nonconforming as to frontage having 49.12 along Gardner Street to the east and 30.02 feet along Howard Street to the south in a district where minimum frontage is fifty (50) feet. The lot is improved with three (3) pre- existing nonconforming structures, a single - family main dwelling, a garage (subject structure), and a zoning shed, all of which are sited within the five (5) foot side yard setbacks and, in the case of the subject garage, also within the five (5) foot rear yard setback. The dwelling has ground cover of approximately 1,500 square feet; the garage has ground cover of approximately 240 square feet; and the shed has ground cover of approximately 98 square feet (and therefore does not count toward ground cover), for total ground cover of roughly 1,740 square feet or 21.3% where maximum allowable ground cover is 50 %. 5. The Applicant is seeking approval to convert a pre- existing nonconforming garage structure into a residential use as a secondary dwelling and to allow for the alteration and 2 expansion of said structure. The structure is sited within both the northerly side and westerly rear yard setbacks where five (5) foot setbacks are required. Although the applicant proposes a vertical extension of the structure within the setbacks, the encroachments will not be made worse and the proposed 187 square foot addition will be compliant on the easterly elevation of the structure and entirely outside of the setback. The Locus is and will remain compliant as to lot area and ground cover. The total adjusted parking requirement including the proposed second dwelling will be two (2) spaces, which will be provided upon the premises. The Applicant obtained approval for the proposed Second Dwelling at the November 30, 2016 Planning Board meeting and was granted a Special Permit for waivers from the required driveway and apron width allowed pursuant to Section 139- 20.1(B) governing Driveway Access (PB File #03 -17) at the January 9, 2017 Planning Board meeting. The proposed project benefits from Nantucket Historic District Commission approval, by virtue of Certificate of Appropriateness No. 67114, as the same may be amended from time to time. 6. Based upon the testimony received at the hearing and the site plan entitled, "Plot Plan to Accompany Z.B.A. Application for #12 Gardner Street in Nantucket, Massachusetts ", prepared by Earle & Sullivan, Inc., and dated November 16, 2016, , a reduced copy of which is attached herewith as "Exhibit A ", the Zoning Board of Appeals made a determination that the requested relief may be granted based upon the findings that the proposed project will not make the existing nonconforming setback distances more nonconforming and will not be substantially more detrimental to the neighborhood than the existing nonconformities. 7. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested SPECIAL PERMIT relief pursuant to the provisions of Zoning By -law Section 139 -7(a), 139 -30, and 139 - 33.A to allow the change of use of a pre- existing nonconforming garage structure to a residential use with an expansion of the footprint, subject to the following condition: a. There shall be no exterior construction between June 15th and September 15th of any given year relative to construction contemplated under this decision. I NAT RE PAGE FOLL WS 3 Assessor's Map 42.3.3, Parcel 12 12 Gardner Street Residential Old Historic (ROH) Dated: January , 2017 Nantucket, ss. Certificate of Title No. 24714 Land Court Plan 21923 -A Edward S. Toole Aeze Mark Poor Jam s'Mondani COMMONWEALTH OF MASSACHUSETTS On the q*' day of �ebt G&VY , 2017, before me, the pursuant signed notary public, personally appeared kLYi rn k zeA 6c- , one of the above -named members of the Zoning Board of Nantucket, Massachusetts, personally known to me to be the person whose name is signed on the preceding document, and acknowledged that he /she signed the foregoing instrument voluntarily for the purposes therein expressed. 4)kz,4 ASS s' DORIS C. STRANG t! Notary Public ota y Public: ",`�xs �; Massachusetts N My Commission Expires: dLob" 9' 2o20 Commission Expires Oct 9, 2020 4 ti 2.4'f MINIMUM LOT SIZE: o0 r- f, I.PIPe FND. V 50 FT. 2.2't +r a � 3 0 s0 SIDE AND REAR SETBACK: 5 FT. M ALLOWABLE G.C.R.: 50% Cu EXISTING G.C.R.: 21.3% f Cu PROPOSED G.C.R.: 23.5% f e J Nkf- 'y�Y V, MOCHARY g ALEXANDRq y, gE- RGSTEIN Wood �� 51�11�!� Fence 7 , 3 W Q1,11 W O 4,4' �O c VZ a 0 3 N 81'16'00' 6.00' W DHCB FND. C e Q 0 k > 2 c`to of WW J e M 2 � OD O Z 0 0 s U FND. O cd O t 1"EXHIBIT A" CURRENT ZONING: ROH MINIMUM LOT SIZE: 5,000 S.F. MINIMUM FRONTAGE: 50 FT. FRONTYARD SETBACK: NONE SIDE AND REAR SETBACK: 5 FT. M ALLOWABLE G.C.R.: 50% Cu EXISTING G.C.R.: 21.3% f Cu PROPOSED G.C.R.: 23.5% f 42,3.4 -7.7 J Nkf- 'y�Y V, MOCHARY g ALEXANDRq y, gE- RGSTEIN Wood �� 51�11�!� Fence 7 , 3 AREA= 8,184fS. F. DHCB I.PIP FND, FND. Per9o(Q YOa N u " mr Ol C s} 4 Porch STORY,44CmoN ? 12 4.2• O 81911v O E O SHED 98tS.R GCD(!r�NC SODfSF 6' Wood v W, We(( Fence Lst N 81' 16'00" yy a.rt 87.34' 3 4't 423,3 13 DHCB ✓OHN D, g RU y P SAYER 2.3't FND. DHCB \_ ' `_ FND. �/ 3p — 18 W 2' NO 8. � DHCB FND, ST FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN RELIES ON CURRENT DEEDS AND PLANS OF RECORD, VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON. THIS PLAN IS NOT REPRESENTED TO BE A TITLE EXAMINATION OR A RECORDABLE SURVEY. NOTE, ORIGINAL DWELLING, GARAGE, AND SHED PREDATE NANTUCKET ZONING. PLOT PLAN to ACCOMPANY a Z.B.A. APPLICATION for #12 GARDNER STREET IN NANTUCKET, MASSACHUSETTS SCALE-l`--20'j DA TE- NO V. 16, 2016 DEED REFERENCE.• CERT. #24714 PLAN REFERENCE- L. C. PL. #21923 —A ASSESSOR'S REFERENCE.- MAP.- 42. J J PARCEL: 12 PREPARED FOR.- RONALD W. WINTERS & ELLEN H. WINTERS EARLE & SULLIVAN, INC. PROFESSIONAL LAND SURVEYORS 6 YOUNGS WAY NANTUCKET, MA. 02554 508 -332 -4808 -Z,,,,