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HomeMy WebLinkAbout41-18 281 Hummock Pond Rd see 2018.A yc�9poRAt�� � �' TOWN OF NANTUCKET �-, BOARD OF APPEALS y 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" o < < _ O ,6- N o = / / m ' rb�Jb�adb� ox/ CO d V) / < < W n / !�! 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