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Nantucket ZBA approves special permit for garage-to-apartment conversion at 54 R Union St.
Summary
The Zoning Board of Appeals approved a special permit to convert a preexisting nonconforming garage at 54 R Union St. into a second-floor residential unit, with conditions tied to HDC approvals and seasonal construction restrictions; neighbors raised concerns about rentals and traffic.
The Town of Nantucket Zoning Board of Appeals on Nov. 13 approved a special permit allowing an owner to convert a preexisting nonconforming garage at 54 R Union Street to a second-floor garage apartment and year‑round residence.
Attorney Sarah Alger, representing applicant Mason Gilbey, told the board the proposal uses the existing footprint and does not extend the building laterally. “This is an application for a special permit to alter and extend a preexisting nonconforming structure on a preexisting nonconforming lot,” she said, noting the lot is about 2,611 square feet where 7,500 is required and has 22 feet of frontage where 50 feet is required. Alger said first-floor living is not feasible because the property sits in a floodplain, so the plan preserves ground-floor storage/garage and places the apartment on the second floor.
Nearby residents voiced mixed views at the public hearing. Neighbor Herschel Allerhand said he would prefer the property be owner-occupied, asking the applicant to record a statement that it “will not become a rental.” Will McDonough, whose house borders the property, said he supports the proposal and expects the new resident to be year-round. Other neighbors and board members raised broader neighborhood concerns: traffic on the Union Street corridor, cumulative massing from repeated lot splits, and whether the use could become short‑term rentals. Sarah Alger responded that the proposed use is allowed in the CN zone and that conversion would, in zoning terms, make the structure more conforming in use.
The board framed its decision around ZBA bylaw section 139-33(a)(1) — the standard that an alteration of a preexisting nonconforming structure must not be “substantially more detrimental” to the neighborhood. The board approved the permit with conditions requiring substantial conformity with the approved plans and Certificate of Appropriateness HDC2025-09-13302, prohibiting exterior construction between Memorial Day and Labor Day, and reserving the board’s authority over any future alterations.
After an initial voice vote and a motion to reconsider, the board adopted the motion to approve (final tally announced as 4–1). The transcript records the voting board as Jim, Lisa Botticelli, Susan (last name not stated), John Bresher, and Alisa Allen; roll-call votes by every member were not fully recorded in the transcript. The decision includes standard conditions listed in the staff memo and the HDC certificate.
The applicant’s team and nearby residents were told the project must follow the HDC-approved elevations and the timeline in the certificate of appropriateness. The board noted that while individual lot decisions can have cumulative effects, it must decide each application under the bylaw standards.
The record shows the board closed the public hearing on Nov. 13 and issued the decision that day; any building permits and additional approvals (for example, from the Building Department or Conservation Commission because of the floodplain) remain prerequisites before work begins.
