HomeMy WebLinkAbout41-18 281 Hummock Pond Rd see 2018.A
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TOWN OF NANTUCKET �-,
BOARD OF APPEALS
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NANTUCKET, MASSACHUSETTS 02554%~
Date: January 10, 2019 /
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No.: 41-18
Owner/Applicant: William F. Hunter, Trustee of 281 HUMMOCK POND
NOMINEE TRUST
Property Description: 281 Hummock Pond Road
Map 83, Parcel 41
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 83, Parcel 41 Certificate of Title No. 20820
281 Hummock Pond Road LC Plan Nos. 15586-D & 39297-B
Limited Use General -3 (LUG 3) Lots 5 and 6
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals ("ZBA"), opened at 1:00
pm on Thursday, November 15, 2018, and continued to and closed on Thursday, December 13,
2018, in the conference room at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made
the following decision on the application of William F. Hunter, Trustee of 281 HUMMOCK
POND NOMINEE TRUST ("Trust"), c/o Vaughan, Dale, Hunter & Beaudette, PC, P.O. Box
659, Nantucket, MA 02554, File No. 41-18:
2. Applicant is requesting relief by Special Permit pursuant to Nantucket Zoning By -Law
Section 139-2 (definitions -residential swimming pool) to construct and use a residential in -
ground swimming pool. The Locus is situated at 281 Hummock Pond Road, is shown on
Assessor's Map 83 as Parcel 41, and is a re -division of Lot 6 shown upon Land Court Plan
("LCP") 38977-A, as Lot 5 upon LCP 15586-D, shown on a plan entitled "Mothball Way
Extension Definitive Subdivision Plan", 273 and 281 Hummock Pond Road, dated April 16,
2018, revised June 4, 2018, and prepared for 281 Hummock Pond Nominee Trust by Site Design
Engineering, LLC ("New Subdivision Plan"). Evidence of owner's title is registered on
Certificate of Title No. 20820 at the Nantucket County 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 the public hearings. There was no Planning Board recommendation on
the basis there were no matters of planning concern. There was no opposition to the application.
4. Counsel for the Applicant stated the Property had an area of approximately 132,217+
square feet and was located in the VR Zoning District which requires a minimum lot size of
20,000 square feet. He explained the proposed swimming pool and pool equipment would be
located more than twenty (20') feet from the side and rear lot lines of the Property and at their
closest point, the pool equipment would be located approximately 33.4+ square feet from the
side lot line. Counsel stated the Applicant met the requirements for a Special Permit to construct
2
the swimming pool set forth in Section 139-2 of the By -Law which requires that the Property
must meet or exceed the minimum lot size requirements for the zoning district and comply with a
minimum twenty (20') foot setback from side and/or rear lot lines for the swimming pool and
pool equipment. The Board asked for a detailed landscaping plan and continued the first public
hearing until December 13, 2018.
5. At the continued second public hearing on December 13, 2018, Counsel for the Applicant
submitted a detailed landscaping plan to the Board and offered to accept certain conditions for
the construction and use of the swimming pool, including the use of a professional company to
fill and drain the pool, no chemical treatment of the pool between November 1St and May 1St,
compliance with the outdoor lighting requirements set forth in Section 102 of the Nantucket
Town Code and installation of landscaping vegetation and hardscaping as shown on the
submitted landscape plan.
6. Therefore, based upon the foregoing, the Board finds the proposed swimming pool and
pool equipment as well as their location are in harmony with the general purpose and intent of
the By -Law because the Property is an over -sized lot in the VR Zoning District and the pool and
equipment will be located more than twenty (20) feet from the side and rear lot lines of the
Property.
7. Accordingly, by UNANIMOUS vote the Board grants relief by SPECIAL PERMIT
pursuant to Zoning By -Law Section 139-2 to allow the construction and use of the proposed
swimming pool and pool equipment, subject to the following conditions:
a. The swimming pool and pool equipment shall be constructed in accordance with
the submitted Site Plan, attached herewith as "Exhibit A";
b. The swimming pool and pool equipment shall be constructed in substantial
conformity with the design plans approved by the Nantucket Historic District
Commission by virtue of Certificate of Appropriateness No. 70200;
c. The landscaping vegetation and hardscaping shall be installed in accordance with
the submitted Landscape Plan, attached herewith as "Exhibit B";
d. The pool mechanicals shall be housed inside the small "wart" shown on the north
side of the east cabana as shown on the Site Plan;
e. The pool lights shall comply with the provisions of Section 102 of the Nantucket
Town Code, and;
f. The Applicant will engage a professional company to fill the pool as needed, will
not chemically treat the pool between November 1St and May 1St and will stop any
chemical treatment of the pool at least three (3) weeks before the pool is drained.
If this is infeasible, the Applicant will engage a professional company to
discharge the pool water in a tanker and dispose of the pool water at the waste
water treatment facility.
� • ' • 17_,�I ISIjIC11`�'/
Assessor's Map 83, Parcel 41
281 Hummock Pond Road
Limited Use General -3 (LUG 3)
Dated: December 13, 2018
Nantucket, ss.
Certificate of Title No. 20820
LC Plan Nos. 15586-D & 39297-B
Lots 5 and 6
Lisa Botticelli�
COMMONWEALTH OF MASSACHUSETTS
On the I day of �oq k7 t4 2019, before me, the undersigned notary public,
personally appeared u aw!,,r 4 7a t -,c , 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 they
signed the foregoing instrument as their free act and deed and voluntarily for the purposes
therein expressed.
Official Signature and Seal of Notary Public
My commission expires:
LESLIE WOODSON SNELL
UflNotary Public
COMMONWEALTH OF MASSACHLWM
My Commission Expires
September 26, 2025
"EXHIBIT A"
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