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Home My WebLink About29-17 19 &21 Starbuck Road�J1 I7 i. - I { iyll 2: 19 d" Fj 2017 � TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Fee: $450.00 File No. Z o Owner's name(s): 19-21 Starbuck Road, LLC Mailing address: 55 West Road, Easton, CT 06612-1502 Phone Number: 508-228-0771 E -Mail: John@gliddenandglidden.com Applicant's name(s): Same Mailing Address: Phone Number: 508-228-0771 E -Mail: John@gliddenandglidden.com Locus Address: 19 & 21 Starbuck Road Assessor's Map/Parcel: 60/109 & 60/108 Land Court Plan/Plan Rook A_ Page/.: LC Plan No. 3092-19, Lots 274 & 275 Dee,] n e fere ee Certificate of Title: 26361 & 26362 Zoning District: V -R Uses on Lot- Commercial: No Yes (describe) Residential: Number of dwellings: 1 Duplex Apartments Date of Structure(s): Building Permit Numbers: Previous Zoning Board Application Numbers: Aug. 9. 2017 11:00AM � 0 - 60:,2 2 State below or attach a separate addendum of specific special permits or variance relief applying for: See attached Exhibit A I certify that the information contained herein is substan ' lly complete and true to the best of my knowledge, under the ains an penalties o etjuty. q' SIGNATURE: Owner* SIGNATURE: Applie /Attorney/Aged* *If an Attorney or other 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.:JJ_ By: Fee deposited with Town Treasurer:_/_/, B7.— Waiver requested: Granted:_/_/" Hearing notice posted with Town Clerk:_/_/,_,v Mailed:_/_/_ I&M /—/— Heating(s) held on:_/_/_ Opened on Continued to:—/—/— Withdrawn,—/—/— Decision Due By:_/_/_ Made:_/_/_ Filcd w/Town Clerk:_ /_/` Mailed:—/—/_ State below or attach a separate addendum of specific special permits or variance relief applying for: See attached Exhibit A 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. SIGNATU SIGNATURE: /Ageftt* Owner* *If an Attorney or other 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:—/—/- &_/_/_ Hearing(s) held on:_/_/_ Opened on :_/_/_ Continued to:—/—/— Withdrawn:_/_/_ Decision Due By:_/_/_ Made:_/_/_ Filed w/Town Clerk:_/_/_ Mailed:—/—/— Exhibit A The Owner/Applicant, 19-21 Starbuck Road, LLC (hereinafter referred to as "Starbuck") is the owner of 19 & 21 Starbuck Road ("the Premises") by virtue of a Certificate of Title Nos. 26361 and 26362. Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Sections 139-2 (definitions — residential Swimming Pool) and 139-30. The Premises — comprised of 19 and 21 Starbuck Road — has been merged by a Declaration of Restriction to Merge the Lots for Building and Zoning Purposes registered as Document No. 154927 at the Nantucket Registry District of the Land Court. The merged lots now consist of approximately 42,704 sf feet in the Village Residential ("VR") zoning district that requires a minimum lot size of 20,000 sf. The Premises conforms to all intensity regulations of the Zoning Bylaw. The Applicant wishes to construct a new single-family dwelling, secondary dwelling, and a pool with customary appurtenances. Per the Bylaw changes at April 2017 Annual Town Meeting, residential swimming pools in the VR zoning district now require Special Permit relief from the Zoning Board of Appeals per Section 139-2 (definitions — residential Swimming Pool). Accordingly, the Applicant is requesting Special Permit relief pursuant to Section 139-30 in order to site the proposed swimming pool as shown on the site plan attached hereto as Exhibit B. Said pool and structures have been approved by the Historic District Commission by virtue of Certificate of Appropriateness Number 68343. Pursuant to Section 139-2, the definition of Swimming Pools reads as such: "In 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. (I) 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 Premises exceed the minimum lot size of the VR zoning district and the swimming pool and all associated mechanical equipment is twenty (20) feet from the rear yard setback. Accordingly, because the proposed swimming pool meets the standards as set forth in Section 139-2, the proposed request is in harmony with the purpose and intent of the Zoning Bylaw and Special Permit relief may be granted. w�. n. tMi 1qNrasn«c 1m s� :0.999 ss. w""'"YwY Rroxrw6: uc vows..sl. io ii. sex PD.n . ws�n/vr96�s61s�'�`sa n1An '. wunAr wsm,,o:: ox a'"`, a`-al.xn 6wu�,n6 � 9s• \ \ /] fAtxiwME 5111[£16 / Lw° ,rte .w., + � / / �<�• xx�Aw�wc wf%+'. Kv 11. f9 Proposed Conditions Site Plan to Accompany - Zoning Review 4 Nantucket, MA SCIAE: I'- 20' DAIS: A WC 03. 2017 OIXRR INFORXITION 19-x1 srAnsua now. uc o„�� 1972f ST"'! O K ROAD, W .. 0000... .. aP nnE (16]61 .. 1.ms n* k ns LC. ]o9x-u, Inr ns LC. ASS655g1 YAP 60. PA9CF1 tW LOT CREATED: OCTOBER 21, 1966 �L x6361 k ?.. 6 .Lcc.; yD9;-)9 . bD - 1 oe t IG` R1 srAnfiucx now LOT AREA= 42,704 S.F.f r9. Y9p-P9rcN: . , sra•;eucK 19-21 srAlreual now. uc LGX. 6 nnE rzaxz LC.O. ]O9x-If, lAT gra GRAPHIC SCALE Is x z1 rtpA?.. . B�wcEIIELL r AssoCGTEs, n6D. ASYSSOR YAP 60. PMQl 109 /19 SrAIIWLI( uow Pr9lsirwrui laved o CIRCLE 20 LE L NANTUCKET, X8 02551 r�aY a9lx. (sae) 22e -9026F v�9alfrf�\A.,69�:9�...9 finrm,r -5� 5 5 fit x r Town and County of Nantucket, MA Huyu�L iv, Z -vi 7 11 _ � w 6019 PO 3 4 �c� 60.2.165 fi0 3 "P 714 17 O 60 60.2A 64 64 316 5� pop §0.112 60.2.1 63 318, 5�P 60114 60 110 14 \ ± ' \ 60 111 17 O �p 5� L73 " 601.0 p0 •-'•.. _ - 19 60 116 60108 pp0 601I7 21 6D 138) • �PQp 22 < 60107 \4 ,' p0 60 119 lPp 24 e 5 0 _ 6027 10121 120 30 25 26 _ — po 130 ft - - Property information ,; f Property 60108 D Location 21 STARBUCK RD Owner 19-21 STARBUCK ROAD LLC 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 08/10/2017 I own ana (-ounty OT NantuCKet, MA I pp - 60,.,32 165 Epp �l 31 60.2*163 318 August iU,Zl I 60 116 ISO 60108 21 Pp N � 22 60107 14 pp 60119 24 --------- - W 121 60 27 25 dp 30 1" = 130 ft -Go Property Information Property 60 109 ID Location 19 STARBUCK RD Owner WHFCOMB CLARK M & NANCY C 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 08/10/2017 6019 3 60 1-.3 ----- ----- Qp 60 L bo.112 15 CSC 60111 60 116 ISO 60108 21 Pp N � 22 60107 14 pp 60119 24 --------- - W 121 60 27 25 dp 30 1" = 130 ft -Go Property Information Property 60 109 ID Location 19 STARBUCK RD Owner WHFCOMB CLARK M & NANCY C 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 08/10/2017 154927 so 111Q101@11110 Cert: 26361 Doc: MERG Registered: 04/24/2017 02:31 PM DECLARATION OF RESTRICTION TO MERGE LOTS FOR BUILDING AND ZONING PURPOSES 1, Mark K. Kelly being the manager of 19-21 Starbuck Road, LLC, a duly organized Massachusetts Limited Liability Company with a business address of 55 West Road, Easton, Connecticut 06612, being the owner of contiguous parcels of real estate in Nantucket, Massachusetts, bounded and described as follows: Parcel One - Property at 19 Starbuck Road shown as Lot 274 on LC Plan 3092-19. For my title see Certificate of Title No. 26362 at the Nantucket Registry District for the Land Court. Parcel Two - Property at 21 Starbuck Road shown as Lot 275 on LC Plan 3092-19. For my title see Certificate of Title No. 26361 at said Registry District. For consideration received, the receipt and sufficiency of which are hereby acknowledged, hereby impose, in favor of the inhabitants of the Town of Nantucket, upon Lots 274 and 275, the following restriction: Lots 274 and 275 shall henceforth be considered merged as one lot for purposes of applicable building and zoning by-laws. Nothing herein shall prohibit the division of Lot 274 and 275 into two or more lots by one or more pians which are approved by the Nantucket Planning Board or are endorsed by the Nantucket Planning Board as not requiring approval, and in the event of such division, the lots thereby created may be transferred into separate ownership to the extent permitted by law and by the terms of the approval or endorsement thereof by the Nantucket Planning Board. SIGNATURE PAGE TO FOLLOW Executed and sealed on April .� , 2017. 154927 19-21 Starbuck Road LLC By: K. Kelly, Manager / J STATE OF CONNECTICUT County of T� On this day of April, 2017, before me, the undersigned notary public, personally appeared Mark K. Kelly as aforesaid (a) personally kno to me, or (b) proved to me through satisfactory evidence of identification, which was A� to be the person whose name is signed on the preceding or attached ent, and acknowledged to me that he signed it voluntarily and of his free act and deed for its stated Official Signature and Seal of Nopq Public My commission expires: 1/3 117-P 154927 c c AM& 0o&v1?, 02>3cY William Francis Galvin S..tary of the Commonwealth April 20, 2017 TO WHOM IT MAY CONCERN: I hereby certify that a certificate of organization of a Limited Liability Company was filed in this office by 19-21STARBUCK ROAD, LLC in accordance with the provisions of Massachusetts General Laws Chapter 156C on January 24, 2017. I further certify that said Limited Liability Company has filed all annual reports due and paid all fees with respect to such reports; that said Limited Liability Company has not filed a certificate of cancellation or withdrawal; and that said Limited Liability Company is in good standing with this office. I also certify that the names of all managers listed in the most recent filing are: MARK K KELLY, PAMELA M KELLY I further certify, the names of all persons authorized to execute documents filed with this office and listed in the most recent filing are: MARK K KELLY, PAMELA M KELLY The names of all persons authorized to act with respect to real property listed in the most recent filing are: MARK K KELLY, PAMELA M KELLY Processed By:sam In testimony of which, I have hereunto affixed the Great Seal of the Commonwealth on the date first above written. Secretary of the Commonwealth Town of Nantucket Zoning Board of Appeals LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: q PROPERTY OWNER .................:...... l .: c ......r. r � .................... MAILING ADDRESS ..............:.......... a PROPERTY LOCATION ............ .: ' .................................................. ASSESSOR MAP/PARCEL............. .....�.�. !.�............... 4. SUBMITTEDBY.............................................:............................. 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). DATE C ASSESSOR'S OFFICE TOWN OF NANTUCKET V z� H H H a H 4 p Yi U H H ❑ w z a a a a z a zz a a 14 a a a w z z a x W x x x x U x x x x x x x x x W W E F F a U U U U a U U U U U U U U V a w w W o a❑❑ a W o a a a a a a❑ a o o x x x a as H E E o 0 0 Hx Q a a F a a a a a N F F F H z F E E F E E E E H N N mQ m m m m a m m m m m m m m m m m m 10 N N a O a to H � m I ri N m N lfl N LD lO an a M C lO 1D c ul �(1 ri r1 N N X11 O O v' ❑ O ifl � N r iP ifl �I1 N N 01 O M m O m O1 r N ifl m N c1' N N N S lO 61 N O r r r O O r lO (T N 1D N N N 0 0 0 0 H OO H r Ol O N N 0 3 N O O Oa r O� Oa F. £ U U U£ z H 0 2 m x z a£ U£££ a H z x tE,] w w W N OE Q .a-1 W w o w x x> x E z £ U❑£ W x 0 xF x V V Q z z U H 0 z m a1 7. ❑ V z U U' U ❑ a x 0 0 5 U E£ H w x O a ❑' H a z y H F H F F z W❑ x x❑❑N F❑ F E z z 3 m m 3❑ z m E+ z z H z z z a a w a a �d W o w a w w o x a w a a Z z z W W z z x m£ S m£ a a z a z a z W H m 3 m ❑ z � a ❑ ❑ a S ❑ W > 14 4 O w ON m .Q-1 ❑ O a W❑ E x a F F❑❑ 0❑ m a m F m r m aa r H 3 x a w O r >+ m F m O O m r W a 0 m E+ O a x m F r W ❑ o z a a o mm o .4 a x H rn a C a o x o F F x E, o m IN -I U w< m x> o a O z z m O x m x z x£ z 3 O O x£ m m O W W m 0 w0 O z m m O N O M 3 3 0 mcN7 0 o N a r O N m W N .o W .y N N W CL M m m C lO M M N d N CL M M H E m a F z m E m i a a a H a a ❑ ❑ x H ❑ W a a z a m a F x N a o N m !N O X El w a a x a 3 N m❑ r a H a w Q u �a w❑ x a £ a w U z w O a a z a E E Q O m z m z F z zmm N z Q F x x x x H U' z a 2 a x O H fL U O x 0$ W z U E fil O W z O F V N Q U U U H z a 0 .] U E H H h W W F m m F Q Q m 0 0 f7 N N N x F w z£ F a h a O h H Q W N P ?W4 W H OV `Wf. H a 0 F a N F Q H U N W W m x V a Q C7 > m> z❑ x H❑ 2 N [7 H F U t7 ❑ z .] x 0 z. 3 Q Q Q F w N C x m z x w a r m Ol O H N �n to r m m O r1 N N N ri .i rl H N r -I N N N N f -I N N r -I � l0 N r1 N N N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O U a m a W z ° ❑ o w a z N a 7+ E a >+ a tai] U UQl a E y (7 O z m z E E a H H o x F E > o U w F a z > a z N z a m a w F m x m z o OU 0 o a o 0 U U U W z. N U U E m a F z m E m i a a a H a a ❑ ❑ x H ❑ W a a z a m a F x N a o N m !N O X El w a a x a 3 N m❑ r a H a w Q u �a w❑ x a £ a w U z w O a a z a E E Q O m z m z F z zmm N z Q F x x x x H U' z a 2 a x O H fL U O x 0$ W z U E fil O W z O F V N Q U U U H z a 0 .] U E H H h W W F m m F Q Q m 0 0 f7 N N N x F w z£ F a h a O h H Q W N P ?W4 W H OV `Wf. H a 0 F a N F Q H U N W W m x V a Q C7 > m> z❑ x H❑ 2 N [7 H F U t7 ❑ z .] x 0 z. 3 Q Q Q F w N C x m z x w a r m Ol O H N �n to r m m O r1 N N N ri .i rl H N r -I N N N N f -I N N r -I � l0 N r1 N N N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O D AUG - G 2e17 D Town of Nantucket Zoning Board of Appeals LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER ................... `�.... {........ `... `.... `... . ............... r. f � MAILING ADDRESS......... .....Y':f PROPERTY LOCATION ............... ` " .. nr • j 1 ASSESSOR MAP/PARCEL................. �%.. C !......... I .......................... SUBMITTEDBY.......................i. ................... ........................... 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). DATE ASSESSOR'S OFFICE TOWN OF NANTUCKET ❑ w 4 a z ❑a d ❑a a a z a x ❑4 a a a a x a a a W X X X X U X X X X X X j X X E H F F F d U U U U P V U U V U U V U U V W W W w W d a a a a a a d a a d !G fZ a a❑❑ ❑ Om H a a a a F a a a aa a a a a a a a H E H H W F F E EP E F F E H FF.. m b N O m O f'1 rl m r� N N C 1p m O N C �O N N O N a O a n F ti m �(1 �(1 r-1 N N to N O 01 m O C' .-I ri C ❑ m r ifl m N N N \D �O Ol N O r N f"1 r r O O r l0 N N N O N Oaa O O O N O r-1 r 0 M 01 O N N 0 3 0 0 0 N O £ V U U£ z E£ W O z❑£ z££ z£ z El w w w N O a w O w a w X X>a X E z a £ U' ❑ X E X a X 5❑ x O O D U E 0 E£ x H W� O D H❑ m❑ F E E+ F F m F H W g x x q❑ F H a E+ z z 3 m m z 3 D m a a z m E z z z a z a z z z z W W 2 z= 3 h W£ S m£� 2 a 2 w z W E w z a ❑ ❑ ❑ >> w r2 Wy, H a m a a w a rvl O o a w❑ aF a H F A Q a U 0 m a F z m m NO O m r W d w 4 O m H O a r m W£ W g rn z a a m N m 4 m O a a w m z zE o a a a z O X❑ E H x p W d O W F U W a 0❑❑❑ a 0 t7 m m O X m a❑ X z x£ z S X£ z W a m m O W W m O U` p tD .w] o to 0 a w W £ 3 3 m O m O .Ni � m H N a m UI F E F W a a m ia7 h UEl a a> a x ❑ q a W x F W H a a z X a z z w q W W a N zp 9w w a w N U x a a F W rL E H o F a a V a a w O a a£ a z❑ U E a H W z a a X X >a' w g> N ❑£ W a ll a❑ OH Z z a Z Q E (FJ] 0 0 W X x a z 4.m x O !4 O a U O x 0 H W m U H H z O a H U a a U U U a z z d o a i-+ F W W E m V] W O E+ a s (A g O a a ❑ X F W m£ E a X F h£ a❑ h w a o U w w o w z z m z a h d a n d E a W W m x 7 w> a£ Z q x, q z aa E a z z,, °�' 3 z o 0. W F m N a x m a m vi a N N N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O w E U a a F a w o a w a a r a N w E U W O O O z m zP UF] O 2 U a a s z a a OFF W H > F U a < z N z a O PCo7 > a w m W z z W H w z o 00 a x o p U U U U a W m N U H N a m UI F E F W a a m ia7 h UEl a a> a x ❑ q a W x F W H a a z X a z z w q W W a N zp 9w w a w N U x a a F W rL E H o F a a V a a w O a a£ a z❑ U E a H W z a a X X >a' w g> N ❑£ W a ll a❑ OH Z z a Z Q E (FJ] 0 0 W X x a z 4.m x O !4 O a U O x 0 H W m U H H z O a H U a a U U U a z z d o a i-+ F W W E m V] W O E+ a s (A g O a a ❑ X F W m£ E a X F h£ a❑ h w a o U w w o w z z m z a h d a n d E a W W m x 7 w> a£ Z q x, q z aa E a z z,, °�' 3 z o 0. W F m N a x m a m vi a N N N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O Print Form TrVVN CLAP;: 2011 Nov 15 PM 3: 05 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 File No. 2 9 -17 flap 60 Parcel 108 & 109 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: 19 - 21 STARBUCK ROAD, LLC Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the State Zoning Act, Chapter 40A o_ the Dlassachusetts General Laws, Applicant(s)/Petitioner(s) and the Zoning Board of _appeals hereby agree to extend the time limit For a public hearing on the application For a written decision For other action Such application is: O An appeal from the decision of any administrative official _1 petition for a special permit IR A petition for a variance O _1n extension O _1 modification The new time limit shall be midnight on �� 8 '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 Zoning Act, as amended, to the extent, but_p>ily to the extent, inconsistent with this agreement. l U%n For Applicant (s) Eleanor Weller Aneonietti, Zoning Administrator For Zoning Board of ,appeals /1 / -�/ I Town Clerk Stamp: Effective Date of Agreement 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile apN e\ i i-ilii Fa opOflA TOWN OF NANTUCKET '' ''' BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 - rn w ro Date: January 16 , 2018 To : Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No. : 29-17 Owner/Applicant: 19 - 21 Starbuck Road, LLC Property Description: 19 & 21 Starbuck Road Map 60 Parcels 109 & 108 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 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 60, Parcels 109 & 108 Certificates of Title No: 26361 & 26362 19-21 Starbuck Road Land Court Plan No. 3092-19 Village Residential (VR) Lots 274 &275 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, and closed on Thursday, December 14, 2017, in the Conference Room, at 4 Fairgrounds Road,Nantucket, Massachusetts,the Board made the following Decision on the application of 19-21 STARBUCK ROAD, LLC, 55 West Road, Easton, CT 06612-1502, File No. 029-17. 2. Applicant is requesting Special Permit relief pursuant to Nantucket Zoning By- law Sections 139-2 (definitions —residential Swimming Pool) and 139-30. The Locus is situated at 19-21 Starbuck Road, is shown on Assessor's Map 60 as Parcels 109 & 108, is shown as Lots 274 & 275 on Land Court Plan No. 3092-19. Evidence of owner's title is registered on Certificates of Title Nos. 26361 & 26362 at the Nantucket Registry District of the Land Court. The site 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 hearing. 4. Attorney John B. Brescher represented the applicant at the initial hearing on September 14, 2017. Attorney Brescher explained to the Board that The Premises — comprised of 19 and 21 Starbuck Road—has been merged by a Declaration of Restriction to Merge the Lots for Building and Zoning Purposes registered as Document No. 154927 at the Nantucket Registry District of the Land Court. The merged lots now consist of approximately 42,704 sf feet in the Village Residential ("VR") zoning district that 2 requires a minimum lot size of 20,000 sf. The Premises conforms to all intensity regulations of the Zoning By-law. The Applicant wishes to construct a new single-family dwelling, secondary dwelling, and a pool with customary appurtenances. Per the By-law changes at April 2017 Annual Town Meeting, residential swimming pools in the VR zoning district now require Special Permit relief from the Zoning Board of Appeals per Section 139-2 (definitions — residential Swimming Pool). As such, the Applicant is requesting Special Permit relief pursuant to Section 139-30 in order to site the proposed swimming pool as shown on the site plan entitled "Proposed Site Plan to Accompany Zoning Review", dated August 3, 2017, prepared by Blackwell & Associates, Inc., attached hereto as Exhibit A. Said pool and structures have been approved by the Historic District Commission by virtue of Certificate of Appropriateness Number 68343. 5. The definition of Residential Swimming Pool in By-law Section 139-2.A was amended by virtue of passage of Article 69 at the 2017 Annual Town Meeting. The amended definition reads: SWIMMING POOL -RESIDENTIAL A structure designed to be used for recreational purposes, either above or below grade, containing water more than 24 inches in depth and exceeding 150 square feet of water surface area, or exceeding 1,000 gallons. This shall not include ornamental ponds, decorative water features, including, but not limited to, fountains, bird baths, and the like. The swimming pool must be located on the same or contiguous lot as a residential dwelling or constructed for the benefit of a group of residences, such as a multifamily development, subdivision, or in conjunction with a neighborhood association. In 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. 6. As shown on the site plan presented to the Board, the Premises has a lot area of approximately 42,704 square feet, thus exceeding minimum lot size of 20,000 square feet required in the VR zoning district, and the swimming pool and all associated mechanical equipment are sited twenty(20) feet from the rear yard setback. 3 7. At the September 14, 2017 meeting, the Board had some concerns relative to the process and request before them. Specifically, there were concerns from the public in Madaket relative to the amount of noise and light pollution, as well as an increase in development. The Board suggested Planning Staff attend the October 12, 2017 Board of Appeals hearing in order to better explain the intent of the Warrant Article that created the By-law requiring that residential swimming pools in the VR district obtain Special Permit relief from the Board of Appeals. 8. At the October 12, 2017 meeting, Deputy Director of Planning Leslie Snell explained the history of the Warrant Article to the Board and why the Planning Board elected to have residential swimming pools allowed by Special Permit, rather than restricting them entirely. Ms. Snell further explained that the intention of the Planning Board was to give deference to the neighbors and the Board of Appeals if concerns such as light, noise, equipment, location, outdoor speakers are apparent. The Board and the Attorney for the Applicant requested that the matter be continued to the November 9, 2017 hearing in order to prepare additional information relative to some of the concerns expressed by the abutters and homeowners in Madaket regarding swimming pools. 9. At the November 9, 2017 meeting, Attorney Brescher presented a more detailed landscaping plan that had been approved by the Historic District Commission ("HDC") and Elisabeth O'Rourke of Jardins International spoke on behalf of the Applicant. Ms. O'Rourke discussed the planting plan with the Board and explained the discussion with the HDC relative to plantings and the siting and enclosure of the pool. Bruce Mandell, a homeowner in Madaket, discussed some of the concerns he had with pools in Madaket, as did Mark Palmer, an abutter. Mr. Mandell provided a list of concerns to the Board for review. The Board reviewed this list and suggested the Applicant come to the next hearing with a more detailed planting and lighting plan, information regarding the Noise (Chapter 101) and Outdoor Lighting (Chapter 102) By-laws, and additional information relative to potential conditions for relief. 10. At the December 14, 2017 hearing, Attorney Brescher and Ms. O'Rourke presented a revised planting and lighting plan to the Board, as well as a suggested list of potential conditions for approval. The Board reviewed the documents and revisited the size of the Locus and the siting of the pool and equipment as it relates to the By-law. 11. Therefore, based upon the foregoing, the Board specifically finds that the proposed pool and associated equipment, as well as their location, are in harmony with the general purpose and intent of the By-law because the Locus is an oversized lot in the VR zoning district and the pool and pool equipment are at least twenty (20) feet from the side and rear yard lot lines. 4 1 1 12. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board grants relief by SPECIAL PERMIT pursuant to Zoning By-law Section 139-30 for the use and siting of the pool pursuant to Section 139-2 of the Zoning By-law subject to the following conditions: 1. The pool and equipment shall be sited as shown upon plan entitled"Proposed Conditions Site Plan to Accompany Zoning Review", dated August 3, 2017, prepared by Blackwell &Associates, Inc., attached hereto as "Exhibit A". 2. Owner shall engage a professional company to fill the pool and all chemical treatments shall stop three weeks prior to any draining or discharging of the pool. In the event the draining or discharging is done before three weeks since the last chemical treatment have elapsed, the Owner shall engage a professional company to discharge the pool water at the Wastewater Treatment Facility. 3. The pool shall not be chemically treated between November 1 and May 1 of any given year. 4. Owner shall house all mechanical pool equipment in the pool house as shown on the attached "Exhibits A& B". 5. The exterior landscape 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. All exterior lighting around the pool shall be turned off by 10:00 pm and shall be down-lit. 7. Owner shall use low-voltage lighting for pool lighting. 8. The landscape planting shall be installed in substantial conformity with the landscape plan attached hereto as "Exhibit B". SJOINAUR PAGE TQ FOLLOW 5 Assessor's Map 60, Parcels 109 & 108 Certificates of Title No: 26,361 & 26,362 19-21 Starbuck Road Land Court Plan No. 3092-19 Village Residential (VR) Lots 274 & 275 Dated: December 14, 2017 II Jo& i i‘l Ed .fid Toro i 1 \lippi. Lisa Botticelli Michael J 'M.. . Geoff T ayer I„AA-____------------ J. ondani COMMONWEALTH OF MASSACHUSETTS County of Nantucket, ss On the I I day of .6 il a �, 2, 18, before me, the undersigned notary public, personally appe. fd / , one of the above-named members of the onin. t oard of 44ppeals 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 pu 9•se• therei expressed. 4/1 r 1A) 4/U Official Signature and Seal of Notary Public My commission expires: ��-. 1titil�tititititiltil�ti��ti�� .1 ._�:_T/ LESLIE WOODSON SNELL 1 ti� NOTARY PUBLIC 1 �l: �_� r . =riff? COMMONWEALTH OF MASSACHUSETTS 4 r ` My Comm.Expires Sept 28,2010 f L�.11-�1��, ,-��;.�-.-..^��..-�-e-�-��-�>�J 6 "EXHIBIT A" • oLR09.R.Ne.eTw(p,s9lun0 J5101"0 1,9. pow.0,L AS �ueIo ,1TF 20,00000T =EEF9E puN6F �► �.�•r nWY S K1• SFE PUN SFE PLAY �CDPFR. 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LOT / I\ \ i 9ALnuou ma / / / / / ,Ckb. • \ ' / ,"---- // N , ( \ , \\ , , _____ ..„. ,,,, . , /\,,,,„„ . ..._ , _ : ..) ..TILL6 \ \ / /////''' ,,,,, \ / --• / ,,,- din.*/ REFEROICE 5DD.Am, • \ \ / 11. / // / / f\ I/ � 60-117 IMF -TOM VIM I j^ / I / / / • i / / ,\5:;00, / // // ///// // //// // / � // ,;1 0 / / / / / / / // /' ////// • ' / / / / / / / / /--- / / / / / // // // // / / / /� Im.ro1 . 1 ' / ! / / / // / /// I =/ / / /A7. 22 s' I Lie • `7 / ' // / R AN16 / ▪6392 023 STARS) ROAD1.00 2002-19.LOT.[ / 60-119 2.ROAD n /EGEND 96..9= 20— 9.017]DST c..CUM.WI d Proposed Conditions,s� Site Plan to Accompany __`"•^`r, Zoning Review 9. 1, Nantucket, MA DINER INFORMATION SCALE:1'-20' LATE-.0.12157 03.2017 19-21 STAR6OCN ROAD.LLC 0,,,,, 19-21 STARBUCE ROAD, LW CERT.OF TIME 026361 LC.C.3092-19,LOT 275 LOTS 27{A 275 ASSESSOR NAP 60,PARCEL 106 LOT CREATED: OCTOBER 21, 1966 �T.26361 k 26362 10 C.3092-19 /21 STAR6OCX ROAD 60- 106&109 LOTAREA= 42,704 S.F.t T.156p-Pe 19-21 VARY.).ROAD,LLC L 16 xu6. 19&21 STAROJCX ROAD CERT.CT DYE/26362 LC.C.3092-19,LOT 274 GRAPHIC SCALE ASSESSOR NAP 60.PARCEL 109BLACICIIELL&ASSOCIATES, Inc. /19 STAMP,ROAD T I ' ' ' Professional Surveyors 20 TEASDTALE ALE CIRCLE T\Rm 36 706/24 1 I n.m.T IK NANTUCKET.MASS. 02554 v\RANF& \620.2. 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