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Home My WebLink About34-17 221 Madaket RoadFee: $450.00 Owner's name(s): TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Robin E. Halik and Clifford W. Halik File No. g _ 1 Mailing address: c/o Sarah F. Alger, P.C., Four North Water Street, Nantucket, MA 02554 Phone Number: (508) 228-1118 E -Mail: sfa@sfapc.com Applicant's name(s): Same as above. Mailing Address: Phone Number: E - Locus Address: 221 Madaket Road Assessor's Map/Parcel: 59/42 Land Court Plan/Plan Book & Page/Plan File No.: lot 720 on Land Court Plan 3092-75 Deed Reference/Certificate of Title: 15,054 Zoning DisTnct `mage Residential (VR) Uses on Lot- Commercial: None Yes (describe) Residential: Number of dwellings 2 Duplex Apartments Date of Structure(s): all pre -date 7/72 or 1992 (main dwelling) 1998 (2nd dwelling) Building Permit Numbers: 9568-92, 354-98, 424-98, 818-02, and 819-02 Previous Zoning Board Application Numbers: n/a 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile State below or attach a separate addendum of specific special permits or variance relief applying for: See attached Addendum. 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/Attorney/Agent* *If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency-. OFFICE USE ONLY Application received on:_/_/_ By: Complete: Need Copies: Filed with Town Clerk:_/_/_ Planning Board:_/_/_ Building Dept.:–/–/– By:_ Fee deposited with Town Treasurer:_/_/_ By: Waiver requested: Granted:_/_/_ Hearing notice posted with Town Clerk:–/–/— Mailed:_/_/_ I&M_/_/_ &/_/_ Hearing(s) held on:—/—/— Opened on :—/—/— Continued to:_/_/_ Withdrawn:_/_/_ Decision Due Bv:_/_/_ Made:_/_/_ Filed w/Town Clerk:_/_/_ Mailed:_/_/_ 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile ADDENDUM Nantucket Zoning Board of Appeals Robin E. Halik and Clifford W. Halik 221 Madaket Road Lot 720, Land Court Plan No. 3092-75 Assessor's Map 59, Parcel 42 The Applicants seek a Special Permit under Nantucket Zoning By-law (the "By-law") §§139-2 (Definition of Swimming Pool) and 139-30 (Special Permit) and the Use Chart under By-law §139-7.A to construct a residential, in -ground swimming pool on the Locus. Pursuant to the definition of "Swimming Pool - Residentia'_" in By-law §139-2, %\[i]n the VR District only, the Zoning Board of Appeals, acting as the special permit granting authority, may grant a special permit to allow a residential swimming pool on a lot, subject to the following criteria being met: (1) the lot must meet or exceed the minimum lot size for the district, and (2) side and rear yard setbacks of 20 feet shall apply to the residential swimming pool and associated mechanical equipment." The Locus is located in the Village Residential (`SVR") zoning district and contains about 28,286 square feet of land area where 20,000 square feet is required. The Locus and the structures on it comply with all requirements of the By-law. The Applicants propose to install an in -ground residential swimming pool on the Locus. The pool and all associated mechanical equipment will meet the required setback of twenty (20) feet. The proposed pool has been approved by the Nantucket Historic District Commission. The Locus is located at 221 Madaket Road, is shown on Nantucket Tax Assessor's Map 59 as Parcel 42, is shown as Lot 720 on Land Court Plan No. 3092-75, and is located in the Village Residential ("VR") Zoning District. I own ana LounLy OT NanLuCKeL, IVIH Flay L0, LV 1 / 221 Madaket Road CiO $ o Q 46 M r RDIP oar .r Go" X12 1" 315 ft Property Information Property 59 42 ID Location 221 MADAKET RD Owner HAUK CLIFFORD W & ROBIN E MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT Town and County of Nantucket, MA makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map. Parcels updated December, 2014 Properties updated 05/26/2017 II wio mus. / 1 I e a,�clll I I I I II��€ LEGiND 1— c DEN= LDN r DDUNL IIT}.' D -U BEU MG 4 1 `r I vllr'JF • Dsvmt_ carr IETidN'J fldL }p UNG DDEN6 RYDRDG f-CDNSTP_ n r II "yam 4 oos DENDRS LUST O'17DPJF SDOICF _ �'1 ® Dm= ILL fO UNL Y � R ewn'YN �c 'v III xc�ixoes i.�[\ I 'I 1 cx zs5h� 111 � JIl xwc5u om,w I I 11 Ro lYY/ O Site Plan To Accompany A Zoning Board of Appeals Application in Nantucket, Mass. Prepared for HIC S-'KLE CLIFFORD W. HALIK [IIN[R IMMRYATIDN GRA _ ROBIN E. HALIK "c }1505 rm ISG, PLT SDD1e: = 20 AUCUS7 °. 2017 .3 iui uw�zn na.0 BL4CrULL d ASSOCLATS$ I- -f— Lucid Seveyers Z TGln ClRCS NANTUCE£T. PISS 0265. 1 Ell (508) PYB-9048 B5966 CERTIFICATE NO: DATE ISSUED: Application to the HISTORIC DISTRICT COMMISSION, Nantucket, Massachusetts, for a CERTIFICATE OF APPROPRIATENESS for structural work. All blanks must be filled in using BLUE OR BLACK INK (no pencil) or marked N/A. NOTE: It is strongly recommended that the applicant be familiar with the HDC guidelines, Building with Nantucket in Mind, prior to submittal of application. Please see other side for submittal requirements. incomplete applications will not be reviewed by the HDC. This is a contractual agreement and must be filled out in ink. An application is hereby made for issuance of a Certificate of Appropriateness under Chapter 395 o` the Acts and Resolves of Mass., 1970, for proposed work as described herein and on plans, drawings and photographs accompanying this application and made a part hereof by reference. The certificate is valid forlhree years from date of issuance. No structure may differ from the approved application. Violation may impede issuance of Certificate of FOR OFFICE USE ONLY Occupancy. PROPERTY DESCRIPTION 11 Date application received: Fee Paid: 5 TAX MAP N°: 5 9 PARCEL N°. -4 2 - Street Street & Number of Proposed Work:fII} (��f� Owner of record: ►314 A+.IkD G1-1 Ff- f F4-1 (4,- Mailing `Mailing Address: ` I42,24 "A126, iia 12-0Rt,.(k L) Icfc r Contact Phone #: Name: E-mail: AGENT INFORMATION (if applicable) Mailing Address: 8 [c ftp Contact Phone #:7iZ$— LP I E-mail: Must be acted on by: Extended to: Approved: Chairman: Member: Member: Member: Member: Disapproved: Notes - Comments - Restrictions - Conditions DESCRIPTION OF WORK TO BE PERFORMED See reverse for required documentation. ❑ New Dwelling ❑Addition ❑ Garage ❑ Driveway/Apron ❑ Commercial ❑ Historical Renovation E3Deck/Pano [I Steps ElShec ❑_, C5o °r Change ❑ Fence ❑ Gate C -'ardscaping El Move Building El Demolition [&4 visions to previous Cert. No. 10 LL!?Pool (Zoning District &:� ❑ Roof ❑ Other Size of Structure or Addition: Length: iiiI Sq. Footage 1 st floor: Dec Patio: Size: Q%i ❑ itt floor ❑ 2nd floor Width: 1 S Sq. footage 2nd floor: Size: ❑ l>t floor ❑ 2nd floor Sq. footage 3rd floor: Difference between existing grade and proposed finish grade: North South East Wes; Height of ridge above finaifinish grade: North South East West Additional Remarks Historic Name: REVISIONS' 1. East Elevation Original Date: _ 1 (describe) 2. South Elevation Tv (LAD V-1 Q {( l Ct1 f4 1 Original Builder: 3. West Elevation I r ��(� r, t,� — FefJ U (tee. RQO (� b Z6 Is there an HDC survey form for this building attached? El Yes El N/A 4, North Elevation F�1- " 20 q p 12)r Ic 'Cloud on drawings and submit photographs of existing elevations. DETAIL OF WORK TO BE PERFORMED Foundation: Height Exposed ❑ Block ❑ Block Parged ❑ Brick (type) ❑ Poured Concrete ❑ Piers Masonry Chimney: ❑Block Parged ❑ Brick (type) ❑ Other Roof Pitch: Main Mass /12 Secondary Mass /12 Dormer /12 Other Roofing material: ❑Asphalt: 03 -Tab ❑Architectural ❑ Wood (Type: Red Cedar, White Cedar, Shakes, etc.) Skylights (flat only): Manufacturer Manufacturer Gutters: ❑ Wood [Aluminum Leaders (material and size):_ Sidewall: ❑ White cedar shingles ❑ Other Trim: A. Wood B. Treatment Rough Opening Rough Opening ❑ Copper ❑ Leaders (material) ❑ Pine ❑ Redwood ❑ Cedar ❑ Other ❑ Paint ❑ Natural to weather ❑ Other _ Size Size Fence: Height: Type: Length: Location Location ❑ Clapboard (exposure: inches) Front ❑ _Side ❑ C. Dimensions: Fascia Rake Soffit (Overhang) Corner boards Frieze Window Casing Door Frame Columns/Posts: Round_ Square Windows': ❑ Double Hung ❑ Casement ❑ All Wood ❑ Other ❑ True Divided Lights(muntins), single pane ❑ SDL's (Simulated Divided Lights) Manufacturer Doors' (type and material): ❑ TDL ❑ SDL Front Rear Garage Door(s): Type Material Side Hardscape materials: Driveways Walkways Walls Note: Complete door and window schedules are required. COLORS Sidewall Trim Deck Clapboard (if applicable) Sash Foundation ' Attach manufacturer's color samples if color is not from HDC approval list Roof Doors Fence Shutters r hereby authorize the agent named above to act on my behalf to make changes in the specifications or the plans contained in this application in order to bring the applica- tion into compliance with the HDC guidelines. I hereby agree to abide by and comply with the terms and conditions of this application. I hereby agree that the submission of any revisio s tot s appliration will initiate a new sixty-day review period. ^/ J/ Data Signature of owner of record Signed under penalties of perjury T _ lA 19N EP�� SPUT RR�� '� 1° MESH - 3'-e" GaoH P2opERr( �iNE WI Pl-MJ 1i•1.i> � Ee�s�/WEbT ON NEIc�N boas SioE `i'eoPosco NoT-fug [��P ��- e Ji Tn truer U�=t< ijouSE FENCE. 6No gA"fE- SI i E- P i -A � t- 20'-0" �/ s,Te A Pool and Cabana for Cliff and Robin Halik 221 Madaket Road NmWcke% w Map 59 Parcei 42 Site Plan & Locus Issues and Revisions L c, lp 3. 'J 0 4. 5. 6. 7 0. Thom 0 Design, LLC I. 48 Dukes Road NwtuckK 14A 02554 50&228-9161 ' Al \ \ w� v, m \ \ \ 9 40 . \ � - nl'"O Vi 5N �Zhl� SPI.�'f RRIL FEN c�-- wI 1° HESN - 3'-a^ Fao.-I cttoP<Kr{ �iNE PLna llr.l r.�y p EssS/WEST oti� NG15N 6oa;. SIoE. f'F: oPoseo �.{oT Tug \ �\� FooU Ed Ui dFn Er1 j U�>ee_ I}o4SE C \ y4 Nle� Soup so.ven po m FENCE qai� - trfAFr AP2v l.. m \ 5-0N15� "jQ_Hll_ P 20 PEc.1'( LI.JE W� > P uai.lT Nc�7 on' -Ox1 tlLI�jN7o 0.5 51DES. N�SNsa�n \ 5 6xis�NS oQ �w O� A Pool and Cabana for Cliff and Robin Halik 221 Madaket Road NmWcke% w Map 59 Parcei 42 Site Plan & Locus Issues and Revisions L c, lp 3. 'J 0 4. 5. 6. 7 0. Thom 0 Design, LLC I. 48 Dukes Road NwtuckK 14A 02554 50&228-9161 ' Al Town of Nantucket Zoning Board of Appeals LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: Robin E. Halik and Clifford W. Halik PROPERTYOWNER ...................................................................... MAILING ADDRESS.,c/o Sarah F. Alger, P.C.: Four North Water Street, Nantucket, MA 02554 PROPERTY LOCATION. , ... 1 Madaket Road 59/42 ASSESSOR MAP/PARCEL............................................................... SUBMITTED BY........ Sarah F. Alger,. P:C:............................... . .......... . 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 any 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). q - N -i� DATE D -I- ASSESSOR'S UFFICE TOWN OF NANTUCKET � Q Z H H En H H F4 U fx � W F F F ° z z Y 0 a 0 m a� a m a a❑❑❑ a m a a a m ❑ ❑ ❑ ❑ F F F H F F❑❑❑ z z Z z F H F w F F W W W W W w W z Z z 0 0 0 0 W W W W W a a a a a a° °° ❑ a❑ a❑ r❑� r❑� ❑az z z c� o r0� a0 Q0 r0� a0 EEEEEEzzz0000EEEEEE 0 0 o a a a a N m ifl ul ifl � ifl N N ifl ✓1 N ifl r O O E£ z z E E z E z m F F F F E H z H m F F F F W W W W W W O W z W X W W W x W x x x x x x x F x o x o x x x a x m u u o u o z❑ o o❑❑ z❑ N F a ❑ x o o �. ❑ a. F F F F H F H a H m F H F F H F 2 2 Z z Z x X Z a z z 3 z 3 a a a Q zz a w '� 0 w w a x a a W a W z z z z z z a z a w m s z u z z z z z F ❑ � a a w w N a > w _ w z H > w Q a a ❑ > ❑ F a W ❑ o ❑ a � Q ❑ w ❑ > ❑ ❑ Q ❑ o a z s o❑ a s � a m❑ a F a r F r m a❑ O W F Em- z o F F ry F o r w aWc 0 O a z a a d a F w z w a a F Q a E�zEmmo&o��o�EE�E� c o N F � H F F Q a w a cn cn z F ❑ ❑ o Q x x ❑ W a F H z z z z d z z x Z w W ❑ O Z F 0 o a z m o a U U in ❑ d F a a a a H Q � w F V O ❑ m m w W n H z z m> F z m a a Q r w z w m H zo J it z D Z w a c = H a o £ a o o a u x a ❑ a❑ F FQ w a F z u> z z❑w a H b z£ w v' ❑ ❑a z z H w o w aw x m z ��W7 w z a F o w o a d a O z 0 V m 3 N cti h a Z Q w .] cx ri w a u o u z ❑❑❑ w x❑ x E x w H ❑ z w z r u o a F N F w F H o> a a u ti z u H w x W x r] ❑❑ W S W to W C7 x ❑❑ W .] 0 QQ E x to ❑ a r❑ > X fx z z Y ❑ O 38 SWIFT STEPHEN R & LOUISE J 231 MADAKET RD NANTUCKET. MA 02554 38 FISHERS LANDING ASSOC INC I WARRENS LANDING RD NANTUCKET, MA 02554 59 DONNELLY JEFF E & CARYN B TRST DONNELLY REALTY TRUST 201 EDGEWATER DRIVE PEMBROKE, MA 02359 59 VON SEGGERN CHRISTOPHER E ETAL 192 WREN STREET WEST ROXBURY, MA 02132 59 59 MAD %KET CONSERVATION LAND TRUST COYNE JOHN L & KATHRYN T C/O KENNETH LINDSAY 17 LONG POND DRIVE P 0 BOX 987 NANTUCKET, MA 02554 NANTUCKET, MA 02554 59 WALKER DONALD E & SUE 227 NLADAKET RD NAN I'IJCKET, MA 02554 59 MADIGAN DAVID B & AINE 30 SUNSET DRIVE CHATHAM. NJ 07928 59 59 MADAKET CONSERVATION LAND TRUS HALIK CLIFFORD W& ROBIN E CIO KENNETH LINDSAY 221 MADAKET RD P 0 BOX 987 NANTUCKET, MA 02554 NAN FUCKET, MA 02554 59 HA16LEY MICHAEL T P 0 BOX 563 NAN FUCKET, MA 02554 59 DAV 1DSON BERT B JR & TOBY TRST 5 LO'�G POND NOMINEE TRUST 222 F OLLEN ROAD LEXINGTON. MA 02421 59 COX DAVID W & FREDRIKA V 7 LONG POND DR NANTUCKET. MA 02554 59 TURNER SUZANNE R 371 ROWAYTON AVE ROU AYTON, CT 06853 59 WEISS ANDREA M 27400 STATE RD 44-E EUSTIS, FL 32736 59 COOK KATHLEEN E 219 MADAKET RD NANTUCKET, MA 02554 59 OGRADY MARION M 525 EAST 72ND APT 20G NEW YORK, NY 10021 59 PASTUSZAK PATRICIA M TR PASTUSZAK P M 2016 LIVING TRUST 215 MADAKET RD NANTUCKET, MA 02554 59 FINKELSTEIN STUART M & BETH A 22 RIVERSIDE DRIVE APT 4 NEW YORK, NY 10023 File No. 34 -17 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 Map 59 Parce142 Print Form 2017 HOY 2 ! PM 1: 04 This agreement to extend the time limit for the Board of Appeals to make a decision, hold a public hearing, or to take other action concerning the application of: ROBIN E. HALIK & CLIFFORD W. HALIK - 221 MADAKET ROAD Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the State Zoning Act, Chapter 40A of the Massachusetts General Laws, Applicants)/Petitioner(s) and the Zoning Board of Appeals hereby agree to extend the time limit For a public hearing on the application O For a written decision O For other action Such application is: O An appeal from the decision of any administrative official X A petition for a special permit O A petition for a variance O An extension O A modification The new time limit shall be midnight on [J1 at `�j) �' , which is not earlier than a time limit set by statute or bylaw. The Applicant (s), attorney, or agent for the Applicant represented to be duly authorized to act in this matter for the applicant, in executing this agreement waives any rights under the Nantucket Zoning Bylaw and the State,j�o*g Act;,& a0ended, to the extent, but only to the extent, inconsistent with this agreement. Applicant Eleanor Weller Antonietti For Zoning Board of Appeals ll��ll I� Effective Date of Agreement Administrator 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile Town Clerk Stamp: N ,&NT 1 1 C Ei I 3 t pNTuci-FT- 9 `" `' . 2418 Fc3 — 1 P`t4 :Vi \\ ,__,: TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date : February 1 , 2018 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No . : 34-17 Owner/Applicant: ROBIN E . HALIK AND CLIFFORD W. HALIK Property Description: 221 Madaket Road Map 59 Parcel 42 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 . (-r 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 . II NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 59, Parcel 42 Certificate of Title No: 15054 221 Madaket Road Land Court Plan No. 3092-75 Village Residential (VR) Lot 720 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals ("ZBA"), opened at 1:00 P.M. on Thursday, September 14, 2017, and continued to Thursday, October 12, 2017, Thursday, November 9, 2017, Thursday, December 14, 2017, and closed on January 11, 2018, in the Conference Room, at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following Decision on the application of ROBIN E. HALIK AND CLIFFORD W. HALIK, 221 Madaket Road, Nantucket, Massachusetts 02554, File No. 034-17. 2. Applicants are requesting Special Permit relief pursuant to Nantucket Zoning By- law (the `By-law") §§139-2 (definitions — residential Swimming Pool) and 139-30 (Special Permits). The Locus is situated at 221 Madaket Road, is shown on Assessor's Map 59 as Parcel 42, and is shown as Lot 720 on Land Court Plan No. 3092-75. Evidence of owner's title is registered on Certificate of Title No. 15054 at the Nantucket Registry District of the Land Court. The Locus is zoned Village Residential ("VR"). 3. Our decision is based upon the application and accompanying materials, representations, and testimony received at our public hearings. There was no Planning Board recommendation on the basis that no matters of planning concern were presented. There was opposition from abutters and homeowners in Madaket, written and oral, presented at the public hearings. 4. Applicants seek a Special Permit under By-law (the `By-law") §§139-2 (Definition of Swimming Pool) and 139-30 (Special Permit) and the Use Chart under By- law §139-7.A to construct a residential, in-ground swimming pool on the Locus. Pursuant to the definition of"Swimming Pool—Residential" in By-law §139-2: "[i]n the VR District only, the Zoning Board of Appeals, acting as the special permit granting authority, may grant a special permit to allow a 2 I II I residential swimming pool on a lot, subject to the following criteria being met: (1) the lot must meet or exceed the minimum lot size for the district, and (2) side and rear yard setbacks of 20 feet shall apply to the residential swimming pool and associated mechanical equipment." The Locus is located in the Village Residential ("VR") zoning district and contains about 28,286 square feet of land area where 20,000 square feet is required. The Locus and the structures on it comply with all dimensional requirements of the By-law. 5. The Applicants propose to install an in-ground residential swimming pool on the Locus. As shown on the site plan entitled "Proposed Site Plan to Accompany Zoning Review," dated August 3, 2017, revised December 18, 2017, prepared by Blackwell & Associates, Inc., a copy of which is attached hereto as Exhibit A (the "Site Plan"), the pool will meet the required setback of twenty (20) feet. All associated mechanical equipment will be located under the existing house or porch and will likewise comply with the required twenty (20) foot setback. The proposed pool has been approved by the Nantucket Historic District Commission (the "HDC") in Certificate of Appropriateness No. 68033, and the pool and attendant fencing and landscaping have been approved by the Nantucket Conservation Commission. 6. During the course of the public hearings, the Applicants submitted evidence that they have contracted with a commercial service to pump out the pool when necessary and to transport the water to Surfside Wastewater Treatment Facility. They also submitted a planting and lighting plan dated January 10, 2018, a copy of which is attached hereto as Exhibit B (the "Planting Plan"), plant and light specifications, full sized and revised site plans, a zoning map showing the location of the Locus, its proximity to the zones where swimming pools may be constructed of right, and the addresses of the concerned people in zones allowing pools as a matter of right, GIS maps indicating where concerned people live, including relative distances, photos of existing vegetation that is proposed to remain in place, the Conservation Commission final Order of Conditions and attendant plan, and HDC Certificate of Appropriateness No. 68033. In addition, to address concerns raised by the public concerning possible commercial uses at the Locus, the Applicant submitted an Affidavit for the file. 7. Therefore, after a discussion with the Applicants' attorney and taking testimony from the public, and based upon the foregoing, the Board finds that the residential swimming pool and associated mechanical equipment, as proposed by the Applicants and shown on the Site Plan, are in harmony with the general purposes and intent of the By- 3 I I IIl law because the Locus exceeds the minimum lot size for the VR Zoning District, and the residential swimming pool and associated mechanical equipment meet or exceed the twenty (20) foot side and rear yard setback requirements, the concerns of the abutters being adequately addressed by the conditions imposed hereby. 8. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board grants relief by SPECIAL PERMIT pursuant to By-law §§139-2 and 139-30 for the use and siting of the residential swimming pool and associated mechanical equipment, as proposed by the Applicants and shown on the Site Plan, subject to the following conditions: 1. All chemical treatments of the pool water shall stop three weeks prior to any draining or discharging of the pool. If this is not feasible, the owner shall engage a professional company to discharge the pool water in a tanker and dispose of it at the Wastewater Treatment Facility. 2. Where a municipal water source is not available, the owner shall engage a professional company to fill the pool as needed. 3. The pool shall not be chemically treated between November 1 and May 1 of any given year. 4. All mechanical equipment associated with the pool shall be located under the porch or in the crawl space. 5. The exterior lighting in the pool area shall comply with the attached lighting plan and shall be in conformity with the provisions of Chapter 102 of the Town Code. 6. The pool lighting shall be turned off by 10:00 pm each night and shall be down-lit. 7. Owner shall use low-voltage lighting for pool lighting. 8. The landscaping shall be installed as substantially shown on the Planting Plan. 9. All work shall be done in substantial conformity with the Site Plan Certificate of Appropriateness No. 68033 duly issued by the Nantucket Historic District Commission. T PA F O 4 I 1 II I Assessor's Map 59, Parcel 42 Certificate of Title No: 15054 221 Madaket Road Land Court Plan No. 3092-75 Village Residential (VR) Lot 720 Dated: January 11, 2018I tii 0 0— iL►v ra :wee". Michael J. O'Mara 440 }k:„...._ Kerim Koseata i – L . ►es ondani .41, 1V_ ,-,. ..-. 6-0:-. ' . k ' eor ,7./. /f' COMMONWEALTH OF MASSACHUSETTS County of Nantucket, ss. On the I day of rd,,,,,, , 2018, before me, the undersigned notary public, personally appeared S Wit/1,u , one of the above-named members of the Zoning oard of Appeals of Nantucket, Massachusetts, personally known to me to be the person whose name is signed on the preceding document, and acknowledged that he signed the foregoing instrument voluntarily for the purpose herein expressed. J/J4e.)`" Official Signature and Seal of Notary Public My commission expires: j --— LESLIE WOODSON SNELL f 4 d :-_�+=: iJOTARY PUBLIC e,tiiJ�_ COMMONWEALTH OF MASSACHUSETTS 4 5 r 1 ''' Ik'j t ornm.Expires Sept,28,2018 p I I i ''EXHIBIT A" g,nm IMi,oti LOCUS VikiV u w LZE:Irt. .Os MT' 1111 %%mroq�� 1��, \II .'4 Dx.m M XILL r.512: H� WO MAI p}� jeCPND 80. erea O DOOM'NYCYtlt 1)05,701)05,70flr771DIP-1))0(2 MAD 8+, ,001,s MOM nisi./MAD!U5 ISM A----_q UfAIO.S£550 IFTLIAD DLIAu175S Sr 49'' CU5Q ID188001D1..05IC LOYSIVUC os MOTES DI,OUTDOOR.10212 A "x • 0 DUO=GM,PHI IMO 1 u 1 s -,d' / PROPOSED T& `M>r PROPOSED 4.WON 3 RM.SPOT RAIL race VCR I.RARE IN LIESwl+Hlic�iemJ.°.m i as°mss 7 "vaD PROPOSED ON EASE DA.muµnieoxxc mw /-x�/I!) Ili 1 i3 x MR., LI? rIr/ 1I/11 // ( pi, SAVO M.G. 4444 I ,,.c r.w.,x smc 1S. VI's s, .. ,n 411 u:u. 5i' s_ e.= D AKET �A ,� Site Plan To Accompany A Zoning Board of Appeals Application in Nantucket, Mass. Prepared for CLIFFORD W. HALIK ROBIN E. HALIK DAA•aa INroRrrATVDN Scale: .1"=20' AUGUST 3,2017 oe'ci°5. Li LSGRAPHIC SCALE Revised: December 18,2017 CERT. Dia'�.xMOS. BLACKWELL k ASSOCIATES Inc -�i. m Ix I r..lpiaowx lam s�,...ryxa %I2,1...47 ROAD An 0 CTAT.MAS 02 (w mr 3 NANTUCKET.AGSS. 02564 �.•n n (608)2Ie-9028 ,OR-TT x.JO.x B5066 �t.,.,,,.trar , 5.. ,.e �xn.):x,x 1.3,.x1.r.xi I I "EXHIBIT B" d Ed9a / s. / " �j 1gJle / at / / PA"' 2S' •w �inilee �,� frzwo �QO'/4 •• s ,v�4., 20 • To ft/ c5_ 00 :5----.../-/—* / gX$ Q� . •' ` 0. Spy �O!*` aeM. "1h„ 0..% of Sc` `,-,0- \ ' ig- �O I 00� �0-* (..\a 4,01:- ,p�<� / 5 b°cµ t&4 /t 20 P ' \7+*� `90^.eNa��od��Ot°c: F `a.'-ii 18 x \ ll,\� ,wt., m 9 °. . O e 04 �A `1, GN o .00'.L° . `poo STEP ‘.eN��O '�tUl JO° 6e to` '3 �O �� • XISTING 2 S ..0,°,a-`' .:;W/F DWELLtNO.. 30 • 0'• 1716±$F 59—43 3 3 n Pod GOka• KATHLEEN E. COOK — / STONE DRIVEWAY ` STEP \ C:1111 ST EXIST. SHED t i/Z' sr(`_\, 85±S.F. 59-41 LP N/F \ ..- DAVID B. MADIGAN % ,----\ AINE MADIGANt1 \\\150 2 gp A Y E N Halik Residence PS 221 Madaket Road A >C IA ` NJ, Nantucket MA a t ` Planting Plan o /