HomeMy WebLinkAbout29-17 19 & 21 Starbuck Road'pNTUC/� T
�4 Fr���•. .
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: January 16, 2018
N
,Q
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
19-21 Starbuck Road
Village Residential (VR)
DECISION:
Certificates of Title No: 26361 & 26362
Land Court Plan No. 3092-19
Lots 274 & 275
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
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".
5
Assessor's Map 60, Parcels 109 & 108
19-21 Starbuck Road
Village Residential (VR)
Dated: December 14, 2017
Certificates of Title No: 26,361 & 26,362
Land Court Plan No. 3092-19
COMMONWEALTH OF MASSACHUSETTS
County of Nantucket, ss
On the I I day of h
public, personally appearVd
Lots 274 & 275
LISA DOLLICCIII
Michael J 9M
18, before me, the undersigned notary
-,A ",v,' , one of
the above-named members of the Anin§ Board of Kppeals 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
p se f therei expre�sssed..
Official Signature and Seal of Notary Public
My commission expires:
�..
1 _y _ • - 1
M 2D.COO S I
S1, P 211. 11 ARD sERAcic:
RPM/SroE SEIBYJc 1120 R. SEE RUN sFF PLUI
RIXI1m cb.4U ; . 1e M51RKi x S o;
Cn. 1a9E 12IM o --E XEI^Art 45
\ \ loA 6N/P9 xET
\ \ LIJ BALANORE LSTREETS
\
,V,
Ina BTArta. READ
OIINRR INKORMA
19-21 ST'REACK ROAI
CEA T. OF RE 926}61
ASSESSOR MAP 60. PARCEL 1O8
/Lt STARBUCK ROAD
19-21 ST BUCK ROAD. LLC
—Y OF TITLE /26362
LC.C. 3092-19. LOT 274
ASSESSOR MAP SO. PARCEL 109
619 57ARBUCK ROAD
T.\x0. .roe/r
v.\DuxPEEs\ee3eD\xeAa.9 ep/2Dn
LOT CREATED: OCTOBER 21, 1966
LOT AREA= 42,704 S.F. t
GRAPHIC SCALE
Id ¢ )
N EDT
EXHIBIT A"
p -11P
JII[�GEP
Proposed Conditions
a
Site Plast to Accompany
's
Zoning Review
Nantucket, MA
SCALE: 1'- 20' DATE: ALOUST W. 2017
D_e,c 19-21 STARBUCK ROAD, LLC
LDTS 271 k 275
CERT_26561 k 26]62 LC.C.: 3.091-)4 ....
Tax V9, -Panel . 109 & 109
Lxvt: .. .18 k,21 STAReUCK ROAD ...
BLACKFELL G ASSOCIATES, Inc.
PPOft]ai—1 Land Sur "—
20 TEASOALE CIRCLE
NANTUCKET, MASS. 02554
(509) 229-9026 B83EO
IN ��
"EXHIBIT B"
m,4
�
h
•tl �r .iYr// �
CC -_
de'
•4�
Iw .
4 —
A
o'
1 - e
#
Iii
•E o o u6o°° ou o u
od cao
J c�,1 'r°F1 roH a 'v
S
J
.
nl<J v v
E
3 Al c
�� ��¢
h
42
m N 3 E m Y
u= E a m E m@ £E E E
L2
� N
F -i 8 RI .Rirn"".21Fj nnco�
H Q¢¢ m U t___ i Z Z a F¢¢¢ > S
NWE111M