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Home My WebLink About34-17 221 Madaket Rd crossfiled in 2017NAN11'IJCLERCi� e=� I otaOSITUC¢�j. . 2Qi8 FEB - I Fri Z` 49 9'°DAAl 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. 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 59, Parcel 42 221 Madaket Road Village Residential (VR) DECISION: Certificate of Title No: 15054 Land Court Plan No. 3092-75 Lot 720 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 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 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. 4 Assessor's Map 59, Parcel 42 221 Madaket Road Village Residential (VR) Dated: January 11, 2018 COMMONWEALTH OF MASSACHUSETTS County of Nantucket, ss. Certificate of Title No: 15054 Land Court Plan No. 3092-75 Int 7?0 Michael J. O'Mara Kerim Koseata On the I day of 2018, before me, the undersigned notary public, personally appeared 4., , one of the above-named members of the Zoning—Board 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. Official Signature and Seal of Notary Public My commission expires: LESLIE WOODSON SNELL r NOTARY PUBLIC �'OMNONWEALTH OF MASSACHUSETTS t,ij Expires Sept 28, 2018 6 BIA0131d0IDBYA7m3 v� cc xrwx"� m,r. a wu nxx;a��ns. �iror3'"xta .x wyrann�wxxe�xxna.x :t/:4xx:x : 'W.M m mm "m xRfmtl row mna i mmm Bum mvb� Roar Cum mm moms Omm' w rm pany A Application "I Nantucket, Mass. Prepared for CLIFFORD W. HALIK ROBIN E. HALIK Scde: 1"- ZOO AUGUST 3, 2017 cRePRiC SCn1.E Revised: December 18, 2017 BLACK= t ASSOCUMS, h. R4N4Ucat, B5968 "EXHIBIT A" -00, N3 59-41 N /F DAVID B. MADIGAN AINE MADIGAN Halik Residence N 221 Madakel Road Nantucket MA m� Planting Plan o� "EXHIBIT B" zu O fie" ?6ok STEP \�o n4°�o" XIS'[1NG ' 2 S W/F DWELLJAIG. y off' 171st$ F . 59-43 N/F Q,d \ KATHLEEN E. COOK \ \ STONE \ \ �\ DRIVEWAY -STEP EXIST. SHED "-- r.rvn'rry 85±S.F.