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HomeMy WebLinkAbout29-19 45 StarbuckFee: $450.00 rClWN CLEpis 2 019 NOV -4 pH 3: 1 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Owner's name(s): Timothy and Lea Stevens Mailing address: 19 Park Drive, South Rve, NY 10580 Phone Number: E - PLANNING OFFICE SCP 2 6OCC'D 7 q• File No.. / Applicant's name(s): (Same) Mailing Address: Phone Number: c/o Linda Williams. 508-221-0432, czarinalindancomcast.net Locus Address: 45 STARBUCK ROAD Assessor's Map/Parcel: 59.3/50 Land Court Plan/Plan Book & Page/Plan File No.: Lot 385 on Plan 3092-25 Deed Reference/Certificate of Title: 27439 Zoning District VR Uses on Lot- Commercial: None X Yes (describe) Residential: Number of dwelling: 1 Duplex Apartments Date of Structure(s): all pre -date 7/72: 1969 or Building Permit Numbers: Previous Zoning Board Application Numbers: 2 Fairgrounds Roa d Nantucket Massachusett s 02554 508-228-7215 telephone ___ ___ ____ State below or attach a separate addendum of specific special permits or variance relief applying for: (SEE ATTACHED ADDENDUM) 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. SIGNATURE: Owner* SIGNATURE: Applicant/Attorney/Agent* *If an 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Hearing notice posted with Town Clerk:—/—/ Mailed: / I&M / / & / / Hearing(s) held on: / / Opened on: Continued to: / / Withdrawn: / / Decision Due By: Made: / / Filed w/Town Clerk: / / Mailed: / 2 Fairgrounds Roa d Nantucket Massachusett s 02554 508-228-7215 telephone ___ ___ ____ I . .. ADDENDUM Applicants are seeking relief by SPECIAL PERMIT pursuant to Nantucket Zoning By-law Section 139-2 (Definitions and word usage — swimming pools). Applicants propose to construct a ***SF residential swimming pool ("pool") in the rear section of their lot in Madaket. The property contains a single-family dwelling constructed in 1969 and is situated in the Village -Residential ("VR") zoning district. Residential pools are allowed by Special Permit in the VR provided the pool meets certain specified criteria as noted below in the By-law. The minimum required lot size in the VR is 20,000 SF. The locus has a lot size of about 20,900 SF, which exceeds the minimum required. The pool and associated equipment will be sited more than 20 feet from any side or rear yard lot line as required. The pool will be sited to the rear of the lot surrounded by extensive vegetation and at a substantially lower grade than Starbuck Road. Thus, the pool will have no impact on the surrounding neighborhood and will not be visible from Starbuck Road or White Goose Cove to the southeast. The Historic District Commission approved the pool at its September 24, 2019 meeting. Photographic evidence has been included in the packet that was also part of the HDC application. In addition to the aforementioned criteria being met, a finding that the use is in harmony with the general purpose and intent of the Zoning By-law could be made to grant the requested Special Permit relief. SWIMMING POOL - RESIDENTIAL ... 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. 2 Fairgrounds Roa d Nantucket Massachusett s 02554 508-228-7215 telephone ___ ___ __-_ Megan Trudel From: Linda Williams <Czarinalinda@comcast.net> Sent: Wednesday, September 25, 2019 3:08 PM To: Megan Trudel Subject: FW: [External] Waterscapes Design From: Lea Stevens <leastevens@mac.com> Sent: Wednesday, September 25, 2019 1:51 PM To: Linda Williams <Czarinalinda@comcast.net> Cc: Jesse Dutra <jesse@waterscapesdesigngroup.com>; Chip Stevens <CStevens@aflac.com>; Gary King <gking@waterscapesdesigngroup.com>; Jesse Dutra <jesse@nantucketpools.com> Subject: Re: [External] Waterscapes Design Linda, Chip and I give permission for you to sign and bring our application to the ZBA. Many thanks, Lea Stevens 646-479-0130 Sent from my Whone On Sep 25, 2019, at 1:38 PM, Linda Williams <Czarinalinda@comcast.net> wrote: HI all, I just need a one line email ASAP, that says I have authority to bring to the ZBA and sign the application. I want to get it in today. Linda From: Jesse Dutra <jesse@waterscapesdesigngroup.com> Sent: Wednesday, September 25, 2019 10:17 AM To: Chip Stevens <CStevens@aflac.com>; Linda Williams <czarinalinda@comcast.net> Cc: Gary King<gking@waterscapesdesigngroup.com>; Lea Stevens <_I_eastevens@mac.com>; Jesse Dutra <iesse@nantucketpools.com> Subject: Re: [External] Waterscapes Design Good Morning, Good news! We were approved by the HDC last night and we are up tonight for the Con. Com. Linda Williams who is helping us with the ZBA approval. She needs to get your consent to file on your behalf. I have included Linda to the email. Very Best 1 sown ano Lounty of NantuCKet, MH ZDeP>:errlUer L4, LUIJ J b r. / J '74 I.� L a ..�tiCRb • .4 �4 v rti� 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. Geometry updated 11/13/2018 Data updated I V 19/2018 1"=201ft P Property Information Property ID 59.3 50 Location 45 STARBUCK RD Owner SILVER JENNIFER .4 �4 v rti� 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. Geometry updated 11/13/2018 Data updated I V 19/2018 1"=201ft zo i - _Z 0 O N "M� Dk _�Uw�w xx o n II` 4 60 H o< vwe zo<a� I� '02 � � V � c as +3iz rn N zao<Wp�'8 w �n �y N o �. a o °�K'< ti1I m b 2'� �� 7'u�iv oa aha y�j W a d V im8 J> W? 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RYE, NY 10580 PROPERTY LOCATION 45 STARBUCK ROAD ASSESSORS MAP/PARCEL 59.3-50 SUBMITTED BY LINDA WILLIAMS SEE ATTACHED PAGES I certify that the foregoing is a list of persons who are owners of land directly adjacent to the subject property or directly opposite the subject property on any public or private street/way, all as they appear on most recent applicable tax list. DATE: ASSESSORS OFFICE MADAKET CONSERVATION LAND TRUS FOLLOWING SEA LLC GREENBERG PHYLLIS S C/O KENNETH LINDSAY 117 CHARTER OAK DRIVE 3483 WOOLBRIGHT RD P 0 BOX 987 NEW CANAAN, CT 06840 BOYNTON BEACH, FL 33436 NANTUCKET, MA 02554 MACTAGGART ROBIN M 180 NORTH SHORE POINT VERO BEACH, FL 32963 KEATING BARBARA A 49 CLOVERLEAF RD LEOMINSTER, MA 01453 FALLON TIMOTHY G & DOROTHY A TRST SHOOTING STAR INVESTMENTS INC FALLON LIVING TRUST 122 POWDER POINT RD 4971 BONITA BAY BLVD #1202 DUXBURY, MA 02332 BONITA SPRINGS, FL 34134 MADAKET CONSERVATION LAND TRUS C/O KENNETH LINDSAY P O BOX 987 NANTUCKET, MA 02554 CIRAMI MICHAEL A TRST ETAL 47 STARBUCK RD REALTY TRUST 47 STARBUCK RD NANTUCKET, MA 02554 TRISTRAMS GROUP C/O TRISTRAMS MNGMENT CO 2 SANFORD RD #5 NANTUCKET, MA 02554 MARINELLI JAMES M & SUSAN S TR MARINELLI FAMILY REV TRUST 7021 RUE DE MARQUIS NAPLES, FL 34108 TRISTRAMS GROUP C/O TRISTRAMS MNGMENT CO 2 SANFORD RD #5 NANTUCKET, MA 02554 CARROLL G JOSEPH ETAL 12 BEECHWOOD DR OLD SAYBROOK, CT 06475 KALMBACH STEVE & EVA 15 MUIR AVENUE PIEDMONT, CA 94610 GREY LADY LLC 604 GUARD HILL RD BEDFORD, NY 10506 TRISTRAMS GROUP TRISTRAMS MANAGEMENT CO 2 SANFORD RD #5 NANTUCKET, MA 02554 MADAKET CONSERVATION LAND TRU C/O KENNETH LINDSAY P O BOX 987 NANTUCKET, MA 02554 NIX RICHARD L JR ATT TERESA RANDALL 1414 PARK AVENUE ST LOUIS, MO 63104 SHOOTING STAR INVESTMENTS INC 122 POWDER POINT RD DUXBURY, MA 02332 JONAS JEFFREY TR 9 COLUMBUS AVENUE NOM TRUST 3 SPRUCE MEADOW CT WILTON, CT 06897 E N r 1., C 2023 FEB -3 PH 3: `` TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date : January 9, 2020 To : Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No. : 29-19 Owner/Applicant: TIMOTHY M. STEVENS & LEA STEVENS Property Description: 45 Starbuck Road Map 59 . 3 , Parcel 50 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 59.3, Parcel 50 Certificate of Title No. 27439 45 Starbuck Road LC Plan No. 3092-25 Village Residential (VR) Lots 385 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals ("ZBA"), opened at 1:00 pm on Thursday, November 14, 2019, and continued to and closed on Thursday, December 12, 2019, in the conference room at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of TIMOTHY M. STEVENS & LEA STEVENS, 19 Park Drive, South Rye,New York 10580, File No. 29-19: 2. Applicant is seeking Special Permit relief pursuant to Zoning By-law Sections 139-30 and 139-2 in order to install an in-ground residential swimming pool. The proposal meets the criteria in Section 139-2.A. Locus is situated at 45 Starbuck Road, shown on Assessor's Map 59.3 as Parcel 50, as Lot 385 upon Land Court Plan 3092-25. Evidence of owner's title is registered on Certificate of Title No. 27439 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. Locus is shown on plan entitled, "Proposed Pool Site Plan in Nantucket, Massachusetts; Prepared for Timothy M. & Lea Stevens; #45 Starbuck Road", prepared by Bracken Engineering, Inc., a reduced copy of which is attached herewith as "Exhibit A". As shown thereon, the Locus has an area of approximately 21,275+ square feet in the VR Zoning District which requires a minimum lot size of 20,000 square feet. The property is currently improved with a dwelling having a ground cover of 2,034 square feet. 5. Applicants' representative explained that the proposed 18' x 36' swimming pool and associated pool equipment would be located more than twenty (20') feet from the side and rear lot lines of the Property. The representative stated the Applicant met the requirements for a Special Permit to construct 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 2 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 screening and landscaping plan with specifics as to lighting and continued the first public hearing until December 12, 2019. 6. At the continued public hearing on December 12, 2019, a more detailed landscaping plan was submitted to the Board along with information about the proposed lighting. The Applicants agreed to the standard 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. Applicant restated the pool would not be visible from any street or way and is tucked between the rear of the house and a line of hydrangea bushes. They further specified that the pool will have an auto-cover rather than a fence around it. 7. 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. 8. 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. 73115, as the same may be amended from time to time; c. The landscaping vegetation and hardscaping shall be installed in accordance with the submitted Landscape Plan, attached herewith as "Exhibit B"; d. The pool lights shall comply with the provisions of Section 102 of the Nantucket Town Code, and; e. 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. 3 Assessor's Map 59.3, Parcel 50 Certificate of Title No. 27439 45 Starbuck Road LC Plan No. 3092-25 Village Residential (VR) Lots 385 Dated: December 12, 2019 4,......... Mc a, /1 , 4101k,imilm 111. -Non, Lisa Botticelli f/// "Li� _ Ed and S. Boole Michael J. 'Mara /IA r-.4/ /1/ ...or ASAP' •lm Koseatac COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. 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