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ZBA approves vertical expansion at 4 Spruce Street for preexisting nonconforming house

January 03, 2025 | Nantucket County, Massachusetts


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ZBA approves vertical expansion at 4 Spruce Street for preexisting nonconforming house
The Town of Nantucket Zoning Board of Appeals approved a special permit June 12 to allow a vertical expansion of a preexisting nonconforming dwelling at 4 Spruce Street. The board found the proposal will not be substantially more detrimental to the neighborhood and attached the HDC certificate of appropriateness and approved plans as conditions of approval.

Attorney Rick Beaudette presented the application for owners Richard and Gail Valero. Beaudette said the property is in the RC zone and is preexisting nonconforming for frontage (37 feet where 50 is required) and for a side-yard setback (the building is 2.2 feet from the lot line). “We’re seeking a special permit … by adding on this property so that the additions will go straight up,” Beaudette said, adding there will be no new foundation and the second floor will remain within the existing 2.2-foot setback.

The board’s nut graf: the expansion does not increase the building footprint or create new encroachments on setbacks; the board imposed a condition that the work conform to HDC-approved plans as evidenced by Certificate of Appropriateness number 2025-03-12185. A motion approving the special permit included findings that the vertical expansion would not be substantially more detrimental to the neighborhood than the existing preexisting nonconforming structure.

Board members asked clarifying questions about lot orientation, existing parking and proximity to wetlands north of Goose Pond; the applicant’s attorney said there are no wetlands on the subject lot and that parking and materials access are handled on adjacent family-owned lots. The applicant’s counsel noted the property and a neighboring lot are owned by family members, and said neighbors had expressed informal support.

The board read and attached the HDC-approved plans to the decision and added a condition that no further alterations or expansions shall occur without additional relief from the board. The motion to approve was made by Lisa (board member) and seconded by Alisa (board member); the vote carried unanimously, 5-0.

Clarifying details recorded in the file include that the work will not add a new foundation, the proposed upward addition is shown in the submitted plans and the packet includes an exhibit described in the hearing as a 768-square-foot addition. The board directed that the project conform to the plans approved by the Nantucket Historic District Commission and noted there were no letters of opposition in the application packet.

Votes at a glance: Motion to approve special permit to alter and vertically expand preexisting nonconforming dwelling at 4 Spruce Street — mover: Lisa; second: Alisa; vote: 5-0 in favor; outcome: approved.

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Scribe from Workplace AI
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