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Home My WebLink About032-13 26 Pleasant StreetTOWN OF NANTUCKET , BOARD OF APPEALS NANTUCKET, MASSACHUSETTS �25N � n o =3 m Date: September 4, i013p Cfl f' tD iJ To: Parties in Interest and Others concerned with the'Decision of The BOARD OF APPEALS in the Application of the following: Application No: 032 -13 Owner /Applicant: Janet S. Smith (now deceased) and H.C. Bowen Smith as Trustees of Twentv -Six Pleasant Street Realty Trust 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 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. &( j, (� Edward S. Toole, Chairman 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- 228 -7215. NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 55.4.1, Parcel 3 26 Pleasant Street Residential -Old Historic DECISION: Plan Book 18, Page 123 (for part of locus; no record plan of remainder) Deed, Book 1389, Page 15 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, August 8, 2013, at noon, at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of Janet S. Smith (now deceased) and H. C. Bowen Smith, as Trustees of Twenty -Six Pleasant Trust, c/o Reade, Gullicksen, Hanley, Gifford & Cohen, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 032 -13: 2. The applicants propose to enlarge the in- ground, residential swimming pool upon locus. Under the Use Chart contained in Nantucket Zoning By -law §139 -7, swimming pools are now prohibited in the Residential -Old Historic zoning district. The existing swimming pool upon locus was constructed in 1997 pursuant to a valid building permit, and became a pre- existing, nonconforming structure /use upon the adoption of the present Use Chart. Accordingly, the applicants request relief by Special Permit under By -law §139 -33.A, for the alteration and enlargement of the swimming pool as a pre- existing, nonconforming structure /use. Locus is situated at 26 Pleasant Street, Assessor's Parcel 55.4.3 -3, and is situated in a Residential -Old Historic zoning district. (A portion of locus is shown upon a plan recorded with the Nantucket Registry of Deeds in Plan Book 18, Page 123; there is no record plan for the remainder of locus.) 3. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. There was no Planning Board recommendation, on the basis that no matter of planning concern was presented. Except for the presentation by the applicant's representatives, there was no support nor opposition presented at the public hearing, in person or by correspondence. 4. As presented by the applicants' counsel and architectural designer, the small existing swimming pool is a pre- existing, nonconforming structure and use. The applicants now propose to replace the existing pool with a new, larger one. It was noted that, despite the fact that locus is situated in an area with small lots, no opposition has been received, whatsoever. The applicants' designer explained that the yard where the pool is located is well- screened by a solid board stockade fence near the rear property line, and the pool equipment is located in the basement of the dwelling. The Nantucket Historic District Commission (^HDC ") has approved the plans for enlargement of the pool as proposed, in its Certificate of Appropriateness No. 59634. It was noted that the plan by, Nantucket Surveyors LLC sowing the proposed improvements, dated July 3, 2013 (a copy of which is attached hereto) shows that there are two air conditioning compressors situated within the 5 -foot southerly side yard setback area. Applicants' counsel represented that these would be moved outside the setback area. 5. Based upon the applicants' presentation, and in the absence of opposition, the Board of Appeals, by UNANIMOUS vote, made the finding that, subject to the conditions set forth below, the proposed alterations would not be substantially more detrimental to the neighborhood than the pre- existing nonconforming conditions, and GRANTED relief by Special Permit for the proposed work. 6. The relief granted hereby is subject to the following conditions: (a) The stockade fence, as shown upon the attached plan, shall remain in place. (b) All mechanical equipment for the pool shall continue to be located inside the basement of the dwelling upon locus. (c) The air conditioning compressors shown upon the attached plan shall be moved outside all zoning setback areas. (d) All work shall be done in accordance with the plans approved by the HOC under Certificate of Appropriateness No. 59634. (e) No work upon the pool shall be done between Memorial Day and Labor Day in any year. /� n Dated: 4 2013 Ow.r• ZBA File 032 -13 Approved August 8, 2013 Assessor's Map 55.4.1, Parcel 3 Plan Book 18, Page 123 26 Pleasant Street (for part of locus; no record plan of remainder) Residential -Old Historic Deed, Book 1389, Page 15 SIGNATURES ON PREVIOUS PAGE COMMONWEALTH OF MASSACHUSETTS Nantucket, SS , 2013 On the � day of 2013, before me, the unde Wne� nota y public, rsonally appeared �6 J �j(,�f , 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 /she signed the foregoing instrument voluntarily for the purposes therein expressed. LESLIE WOODSON SNELL a gUN1 PNWN4 t J O g� 68 ' 74'f BRAWL PAR0NG N/T RCBEFT axz -w m.1.. N Q T�� X42 3 KI $" RD eff ElD) 10.85' 2 A3 TOTAL AREA I / = 7,6403 S.F. IIP DECK e ' a � E P. PDOL PAM PA1X1 �. 1 NO E MONUMENTS FOUND AT LIME OF ORIGINAL SURREY, 5/17/04. kT, K CURRENT OT SI ROH N/ MINIMUM LOT SIZE 5,000 S.F. TxouAS ucCASMKI, B k MINIMUM FRONTAGE50 mm. McLA a.IRDSfFFS FRONTYARD SETBACK:NONE 55.4.1 -95 SIDE AND REAR SETBACK:S ALLOWABLE G.GR,:50S EXISTING G.O.R.:21M I'm PBB`RYY UNE DETEEIIUINATXM THIS PLOT PLW uPl .ce N DBIREHT DEEDS AND PU IF XECgiD, WAI PUN Is NOT IEpgE YM TD B A �EEAEN. E MINAIIN CR A RECDNDA 9 .. N.B. IBB/BG CCPYIIC T BY NMYNIX b :H N OAND N. k LINIXIA B. LXANFg2D H A. k AMINDA DA H. M, TII BERT SSAI -5 MA POOL EXHIBIT PLOT PLAN /26 PLEASANT STREET IN NANTUCKET. MASSACHUSETTS SCALE I'�10' DAM-7/3/13 DEED REFERENCEUd BIL 1388, Py PLAN REFENENCEPI. BK 18, P8. 122 ASSESSOR'S REFERENCE MAP,55.4.1 PARCEL3 PREPARED FOR: TWENTY -= PLEASANT STREET TRU; 5µTU N T SURVEYIXtS -LC NANTUCKET. MA, 02554 N -1025 4 XIIT,7 m #26 ;> 3 EXISTING �D 2 1/2 STORY Z DWELLING p—� GC= 1,8241 S.F. 613 -- - -m /- BDMDEAD $ 2 STORY DN RD a aE 14i4 pR ly _ a �+3• �� I I .m € / 1 STORY BRAWL PAR0NG N/T RCBEFT axz -w m.1.. N Q T�� X42 3 KI $" RD eff ElD) 10.85' 2 A3 TOTAL AREA I / = 7,6403 S.F. IIP DECK e ' a � E P. PDOL PAM PA1X1 �. 1 NO E MONUMENTS FOUND AT LIME OF ORIGINAL SURREY, 5/17/04. kT, K CURRENT OT SI ROH N/ MINIMUM LOT SIZE 5,000 S.F. TxouAS ucCASMKI, B k MINIMUM FRONTAGE50 mm. McLA a.IRDSfFFS FRONTYARD SETBACK:NONE 55.4.1 -95 SIDE AND REAR SETBACK:S ALLOWABLE G.GR,:50S EXISTING G.O.R.:21M I'm PBB`RYY UNE DETEEIIUINATXM THIS PLOT PLW uPl .ce N DBIREHT DEEDS AND PU IF XECgiD, WAI PUN Is NOT IEpgE YM TD B A �EEAEN. E MINAIIN CR A RECDNDA 9 .. N.B. IBB/BG CCPYIIC T BY NMYNIX b :H N OAND N. k LINIXIA B. LXANFg2D H A. k AMINDA DA H. M, TII BERT SSAI -5 MA POOL EXHIBIT PLOT PLAN /26 PLEASANT STREET IN NANTUCKET. MASSACHUSETTS SCALE I'�10' DAM-7/3/13 DEED REFERENCEUd BIL 1388, Py PLAN REFENENCEPI. BK 18, P8. 122 ASSESSOR'S REFERENCE MAP,55.4.1 PARCEL3 PREPARED FOR: TWENTY -= PLEASANT STREET TRU; 5µTU N T SURVEYIXtS -LC NANTUCKET. MA, 02554 N -1025 4