HomeMy WebLinkAbout05-17 141 Main StreetBY HAND DELIVERY AND EMAIL
Eleanor Antonietti, Administrator
Nantucket Board of Appeals, PLUS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
RE: 141 Main Street
Nantucket, Massachusetts 02554
Dear Eleanor:
My client, 141 Main Street, LLC ( "LLC ") is the contract purchaser of the
improved residential real estate owned by Meredith T. Marshall, Trustee
( "Owner ") located at 141 Main Street, Nantucket, Massachusetts 02554 shown as
Parcel 172 on Nantucket Assessor's Map 41 ( "Premises "). The Premises is
located in the Residential Old Historic Zoning District. The Owner consents to
this Special Permit Application. In 2011, the Nantucket Town Meeting voted to
amend the Zoning By Law by prohibiting swimming pools in the ROH Zoning
District.
There is a pre- existing, non - conforming in- ground swimming pool on the
Premises. The LLC sees a Special Permit to relocate the swimming pool from the
west side of the dwelling on the Premises to the rear of the dwelling. In this new
VAUGHAN, DALE, HUNTER AND BEAUDETTE
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PROFESSIONAL CORPORATION
ATTORNEYS AT LAw
WHALER'S LANE
P.O. BoX 659
EDWARD FoLzy VAuoHAIx
NANTUCKET, MASSACHUSETTS 02554
WmIAx F. HuNm
KEviN F. DALE
—
OF COUNSEL
RICHARD P. BEAUDETTE
=(508)228-4455
VAX a508) 228.3070
LORI DTLIA
BRYAN J. SWAIN
January 9, 2017
BY HAND DELIVERY AND EMAIL
Eleanor Antonietti, Administrator
Nantucket Board of Appeals, PLUS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
RE: 141 Main Street
Nantucket, Massachusetts 02554
Dear Eleanor:
My client, 141 Main Street, LLC ( "LLC ") is the contract purchaser of the
improved residential real estate owned by Meredith T. Marshall, Trustee
( "Owner ") located at 141 Main Street, Nantucket, Massachusetts 02554 shown as
Parcel 172 on Nantucket Assessor's Map 41 ( "Premises "). The Premises is
located in the Residential Old Historic Zoning District. The Owner consents to
this Special Permit Application. In 2011, the Nantucket Town Meeting voted to
amend the Zoning By Law by prohibiting swimming pools in the ROH Zoning
District.
There is a pre- existing, non - conforming in- ground swimming pool on the
Premises. The LLC sees a Special Permit to relocate the swimming pool from the
west side of the dwelling on the Premises to the rear of the dwelling. In this new
location, the swimming pool will be shielded from the public view from Main
Street and Lowell Place.
In support of this application, I enclose the following:
1) Signed Application
2) Addendum "A"
3) Locus Plan
4) Existing Conditions Plan
5) Proposed Conditions Plan
6) Certified Abutters List
7) Two (2) sets of mailing labels; and
8) Filing fee check in the sum of $450.00 made payable to the "Town
of Nantucket"
Please schedule the matter for hearing before the Nantucket Board of Appeals on
February 9, 2017 and call me with any questions or concerns at 508- 228 -4455. I
have also emailed the completed application as a single document in PDF format
to you today. Thank you.
Sincerely
Enc.
Cc: Sarah F. Alger, Attorney
Mr. David Saunders
Carol Coffin, Great Point Properties
Jesse Dutra
1
11 �aN 2� eM 3.0�
20
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
Fee: $450.00 File No. (J 5
Owner's rtatnc(s): Meredith T. Marshall, Trustee of Meredith T. Marshall Revocable Trust
Maihng address: 2011 Renaissance Blvd; #102, King of Prussia, PA 19406
Phone Number: 508- 228 -1118 I-: Mad sfa @sfape.com
Applicant's name's): 141 Main Street LLC
Mailing Address: 180 Pear Tree Point Road, Darien, CT 06820 _
Phone Number: 508- 228 -4455 F- iai1: kevin@vdhlaw.com
Locus Address: 141 Main Street ___ Assessor's ;flap /Parcel: 41 -172
Land Court Plan /Plan Book & Page /Plan File No.: 2005 -61
Deed Reference /Cer6licate of Title: 1223 -76 Zoning District R0H
Uses on Lot- Commercial: None _X Yes'describc.)
Residential: Number of dwellings 1 Duplex
Date of Jtructure(s): all pre -dare 7/72 No or _
Building Permit Numbers:
Previous Zoning Board :application Numbers:---
Apartments
2 Fairgrounds Road Nantucket Massachusetts 02554
508 - 228 -7215 telephone 508- 228 -7298 facsimile
State below or attach a separate addendum of specific special permits or variance relief applying for:
Applicant requests a Special Permit pursuant to Zoning By Lary Section 139- 33A(i)(a) to change and
alter a pre- existing and non - conforming in ground swimming pool by relocating it from its existing
location on the westerly side of the dwelling to a new location at the northerly rear of the dwelling. 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• 141 Main Street, LLC (Contract Purchaser) Owner*
SIGNATURE: ' Applicant /Attorney /Agent*
Kevin F. ale, Attorney and Authorized 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_/_ /_ &_ /_ /_ Hearings) held on:—/—/— Opened on :—/—J—
Continued to:_ /_ /_ Withdrawn:—/—/_ Decision Due By:_/_ /_
Made:_ /^/_ Filed w /Town Clerk:_ /_ /_ Mailed:_ /_ /_
2 Fairgrounds Road Nantucket Massachusetts 02554
508 - 228 -7215 telephone 508- 228 -7248 facsimile
ADDENDUM TO BOARD OF APPEALS APPLICATION
141 MAIN STREET, NANTUCKET, MA 02554
The Applicant, 141 Main Street, LLC ( "LLC "), is the contract purchaser of the improved
residential real estate located at 141 Main Street, Nantucket, Massachusetts shown as Lot 172 on
Assessor's Map 41 (`'Premises ") owned by Meredith T. Marshall, Trustee of the Meredith T.
Marshall Revocable Trust Acyreement ( "Owner "). The Premises include a single family
residential dwelling, a pre - existing and nonconforming in- ground swimming pool and a garage.
The Premises is located in the Residential Old Historic Zoning District ( "ROH ") and conforms to
all zoning intensity regulations of the ROH District.
The existing in- ground swimming pool on the Premises has existed in its current location
on the west side of the dwelling from a time prior to 1998 to date as shown on the attached 1998
Town of Nantucket Aerial Map for the Premises. In 2011, the Town Meeting amended the
Zoning By -Law to prohibit residential swimming pools in the ROH District.
The LLC seeks a Special Permit to relocate the existing in- groculd swimming pool to the
rear of the dwelling. The new swimming pool location will be shielded by the existing garage on
the northwest corner of the Premises, will be no longer visible from Main Street and will be
farther away from the dwellings located on Lowell Place west of the Premises. The new
swimming pool location will not be more substantially detrimental to the neighborhood that the
existing swimming pool. In fact, the new location of the proposed swimming pool to the rear of
the dwelling will be more beneficial to the neighborhood because the pool will be shielded from
the public views from Main Street and Lowell Place, unlike the current swimming pool location.
For these reasons, the LLC asks the Board of Appeals to grant a Special Permit pursuant
to Section 139 -33A (1)(a) of the By Law to allow for the removal of the existing swimming pool
and the construction of a new swimming pool to the rear of the dwelling.
Respectfully submitted.
141 Main Street, LLC by its Attorney,
L
Kevin F. Dale, Esq.
I own ano County OT NantuCKet, MA
VCLOD2rz0, LU1.0
Property Information
Property 41172
ID
Location 141 MAIN ST
Owner MARSHALL MEREDITH T TRST
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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.
Parcels updated December, 2014
Properties updated 10/28/2016
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PROFESSIONAL LAND SURVEYORS
150 SURFSIDE ROAD
NANTUCKET, hik 02554
(508) 228-8910
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MICHAEL CONNOLLY & ASSOCIATES INC.
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MICHAEL CONNOLLY & ASSOCIATES INC.
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150 SURFSIDE ROAD
NANTUCKET" MA. 02554
(508) 228 -8910
C -7760
IND 9
OCT 28 ss�ss °9s
4,41 kc,�4,
Town of Nantucket
03c) Zoning, Board of Appeals
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
PROPERTY OWNER ........b4/D.. rjf.... 4� i...../ ! v �rrg
MAILING ADDRESS...
........ . .............. ...............................
PROPERTY LOCATION..,��� ��i /� � jX 0
................. ..... ..............................f ......
ASSESSOR MAP/PARCEL......... ...1. �� ... ..........
SUBMITTEDBY ............... , ....... . .................... .. .. .....
SEE ATTACHED PAGES
I certify that the foregoing is a list of all persons who are owners of abutting
property, owners of land directly opposite on any public or private street or way;
and abutters of the abutters and all other land owners within 300 feet of the
property line of owner's property, as they appear on the most recent applicable tax
list (M.G.L. c. 40A, Section 11 and Zoning Code Chapter 40A, Section 139 -29B
(2).
1111116
DATE AS ESS R'S IDFME
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ECKERT JENNIFER L
5l COMMENWF.ALTH AVE APT C
BOSTON, MA 02116
41
ECKERT JENNIFER L
51 COMMONWEALTH AVE
BOSTON, MA 02116
41
MARSH JEFFREY B
4 BRIDLEWOOD DR WEST
NEW HOPE, PA 18938
41
CZAPP JOSEPH W & ROSE
APT C 81/2 LOWELL PLACE
NANTUCKET, MA 02554
41
STEINMAYER JANET L TRST
NAWTHORNE FAMILY TRUST
7NAWTHORNE RD
OLD GREENWICH, CT 06870
41
STEINMMAYER JANET L TRST
NAWTHORNE FAMILY TRUST
760 PEQUOT AV
NEW LONDON, CT 06320
41
FERGUSON DARRELL C & ANDREA
36 CHALMERS STREET
CHARLESTON, SC 29401
41
STEINMAYER JANET L TRST
NAW'IHORNE FAMILY TRUST
760 PEQUOT AV
NEW LONDON, CT 06320
41
LEVY RONALD J & SUSAN N
21 CLERMONT LANE
ST LOUIS, MI 63124
41
SMITH H C BOWEN TRST
4 LOWELL PLACE NOM TRUST
6 BONESS LANE
STRATHAM, NH 03885
41
MAGLIONE BERNADETTE
149 MAIN STREET
NANTUCKET, MA 02554
41
WINTERS AUSTEN H
C/O SHEA LYNDA
909 SOUTH SHADY GROVE RD
MEMPHIS, TN 39120
41
KATTMAN MARY FAY TR
WAYMAN FAMILY IRREV TRUST
79 CHANDLER ST UNIT# 8
BOSTON, MA 02116
41
MARSHALL MEREDITH T TRST ETAL
C/O FB/O SERVICES INC
2011 RENAISSANCE BLVD # 102
KING OF PRUSSIA, PA 19406
41
DESERT ISLAND LLC
C/O KESSLER ADAM & DEBRA
32 PARK AVE
NEWTON, MA 02458
41
DESERT ISLAND LLC
92 MIACOMET AVE
NANTUCKET, MA 02554
41
DESERT ISLAND LLC
92 MIACOMET AVE
NANTUCKET, MA 02554
41
DITOMASSI GEORGE
61 BEACON STREET
BOSTON, MA 02108
41
REYNOLDS ELIZABETH HILLGER
C/O HILLGER ELIZABETH
P 0 BOX 1880
NANTUCKET, MA 02554
41
CZAPP JOSEPH W & ROSE S
81/2 LOWELL PLACE
NANTUCKET, MA 02554
41
ROSENBERG JOAN ARBETTER
77 MONTVALE RD
NEWTON, MA 02459
41 41 41
LAPPIN SHARON A TR & KENNETH J TR EOER RAY B 8c MARGARET R TRST WERDIGER RICHARD S & ELIZABETH N
SHARON A LAPPIN REV TRUST 33 QUIDNET ROAD PO BOX 216
66 MT PROSPECT STREET NANTUCKET, MA 02554 PURCHASE, NY 10577
BRIDGEWATER, MA 02324
41 41 41
FORESAM LLC SUTRO MARINA J WERDIGER RICHARD S
1326 MOOSEHEAD STREET C/O JESSIE M BRESCHER- GLIDDEN & GLl & ELIZABETH N
FORKED RIVER, NJ 08731 37 CENTER ST 8 COTTAGE AVENUE
NANTUCKET, MA 02554 PURCHASE, NY 10577
41 41 41
RAKOV LUCY SIMON & VICTORIA A NANTUCKET TOWN OF TAYLOR R SCOTT TRST ETAL
11 GRAYSON LANE 16 BROAD ST 152 MAIN ST NOM TRUST
NEWTON, MA 02462 NANTUCKET, MA 02554 1333 WEST 11TH AVENUE
ANCHORAGE, AK 99501
41
BOARDMAN WILLIAM J II ETAL
PO BOX 1027
NANTUCKET, MA 02554
41
WILSON MICHAEL J TRST
CIO ROBIN W PULEO LLC
2711 CENIERVILLE RD STE 400
WILMINGTON, DE 19808
41
DAMORE RICHARD A &
ECKERT JENNIFER L
51 COMMONWEALTH AV #C
BOSTON, MA 02116
41
QUICK CHRISTOPHER C & ANN B
P O BOX 610
PURCHASE, NY 10577
41
NOEL BERRY
PO BOX 1878
NANTUCKET, MA 02554
41
WINTERS RONALD W & ELLEN H
CIO KINNEY ALEXANDRA M
78 COMMONWEALTH AVE
BOSTON, MA 02116
41 4233
BRYAN J STEWART & LISA MARGARET S FULL COURSE LLC ETAL
CIO BRYAN BROTHERS INC C/O R.A. ERNST
1802 BAYBERRY CT STE 401 4906 SCARSDALE ROAD
RICHMOND, VA 23226 BETHESDA, MD 20816.2440
41
MONTALBANO MICHAEL A & JOYCE M
PO BOX 334
NANTUCKET, MA 02554
41
BEARDSLEY SCOTT
25 BEACON ST
HAWORTH, NJ 07641
41
STODDARD JANE & HEISER THOMAS P
6 QUAKER RD
NANTUCKET, MA 02554
41
PERKINS STEVEN & REBECCA
421 T0vlBER BRANCH PKWY
ALEXANDRIA, VA 22302
41
FOUR QUAKER LLC
182 BRATTLE ST
CAMBRIDGE, MA 02138
41
QUICK CHRISTOPHER C & ANN B
SUITE 230
333 EARLE OVINGTON BLVD
UNIONDALE, NY 11553
4233
NANTUCKET HISTORICAL ASSN
PO BOX 1016
NANTUCKET, MA 02554
4233
132R MAIN STREET LLC
12 LYON ROAD
CHESTNUT HILL, MA 02476
4233
VON DER GROEBEN BARBARA TR
PO BOX 971
NANTUCKET, MA 02554 .
4233
BARCLAY LLC
CIO BEVERLY MARKHAM 131 LLC
4 NORTH WATER STREET
NANTUCKET, MA 02554
4233
BARCLAY LLC
CIO FISHER OLMSTEAD 133 LLC
4 NORTH WATER STREET
NANTUCKET, MA 02554
4233
WARNER JOHN D TRUSTEE
CIO HANLON BETH
P 0 BOX 657
NANTUCKET, MA 02554
4233
CLAUSEN MARK & DAVIS MARY
4334 LELAND STREET
CHEVY CHASE, MD 20815
4233
ABATE MARK J & PIA L
138 LAKE DR
MOUNTAIN LAKE, NJ 07046
4233
NORRIS MARK & ELIZABETH
130 MAIN ST
NANTUCKET, MA 02554
4233
4233
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: March 8, 2017
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To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No.: 05 -17
Current Owner /Applicant: 141 MAIN STREET, LLC
Property Description
141 Main Street
Map 41 Parcel 172
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 41, Parcel 172
141 Main Street
Residential Old Historic ( "ROH ")
DECISION:
Book 1566, Page 331
Plan No. 2005 -61
1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, February 9,
2017, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following decision on the application of 141 MAIN STREET, LLC, c/o 180 Pear Tree Point
Road, Darien, Connecticut 06820, File No. 05 -17:
2. Applicant is requesting Special Permit relief pursuant Zoning By -law Section 139 -
33A(i)(a) to remove and relocate a pre- existing nonconforming residential in- ground swimming
pool from the westerly side of the property to the northerly rear yard. The property is improved
with a single family residential dwelling, a garage and a pre- existing and non - conforming in-
ground swimming pool. The property has an approximate lot area of 24,700 square feet and
conforms to all existing zoning intensity regulations. The Locus is situated at 141 Main Street, is
shown on Assessor's Map 41 as Parcel 172, upon Plan No. 2005 -61. Evidence of owner's title is
in Book 1566, Page 331 on file at the Nantucket County Registry of Deeds. The site is zoned
Residential Old Historic (ROH).
3. Our decision is based upon the application and accompanying materials, representations,
and testimony received at our public hearing. There was no Planning Board recommendation on
the basis that no matters of planning concern were presented. One letter in support of and one in
opposition to the application were submitted by abutters to the Board.
4. The Applicant, through counsel, explained that the existing swimming pool on the
property has existed in its present location for a number of years and at least from a time prior to
1972. The existing swimming pool is shown on a 1998 aerial map of the property. In 2011, the
Nantucket Town Meeting amended the Zoning By -law to prohibit in- ground swimming pools in
the ROH Zoning District (Article 58, 2011 Town Meeting). When the swimming pool
prohibition became effective, it rendered the Applicant's existing swimming pool pre - existing
and non - conforming.
5. The removal of the existing swimming pool and the installation of a new swimming pool
benefits from approval by the Nantucket Historic District Commission by virtue of Certificates
of Appropriateness No.s 66827 and 66871, as the same may be amended from time to time. At
the time of the hearing, the Applicant's Notice of Intent to relocate the swimming pool ninety
(90') feet from a bordering vegetative wetland on adjacent property was pending before the
2
Nantucket Conservation Commission. On February 15, 2017, the Nantucket Conservation
Commission issued an Order of Conditions approving the swimming pool by a unanimous vote.
6. The Applicant's counsel stated that the new swimming pool will be shielded by the
existing garage and not visible from Main Street. He said the proposed pool would be located
more than forty (40') feet from the abutting property at 139 Main Street and will be shielded by a
wire mesh vegetative fence buffer along the easterly lot line. He summarized that not only
would the new swimming pool not be substantially more detrimental to the neighborhood than
the existing swimming pool, the new pool would, in fact, improve and benefit the neighborhood.
7. The Board found that the newly relocated swimming pool was not substantially more
detrimental to the neighborhood than the existing swimming pool located in the westerly side
yard because the new swimming pool would not be visible from Main Street and there were
ample areas of open space around the pool because this oversized lot has an area of 24,720
square feet in the ROH zoning district where minimum lot size is 5,000 square feet.
8. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested SPECIAL
PERMIT relief pursuant to the provisions of Zoning By -law Section 139- 33A.(1)(a) to allow for
the removal of the existing swimming pool and the relocation, construction and use of the new
swimming pool subject to the following conditions:
a. The proposed swimming pool shall be constructed substantially in accordance with
plans approved with the HDC Certificate of Appropriateness No. 66871, as may be
amended from time to time; and
b. There shall be no exterior construction between Memorial Day and Labor Day of any
given year relative to construction contemplated under this decision.
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Assessor's Map 41, Parcel 172
141 Main Street
Residential Old Historic ( "ROH ")
Dated: , 2017
Book 1566, Page 331
Plan No. 2005 -61
n McCarth
MA Poor
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss
On the 3r8 day of MdYck , 2017, before me, the pursuant signed notary public,
personally appeared 'Mark Vooy , one of the above -named members of
the Zoning Board 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.
OORIS C. STRANG
t = Notary Public
Massachusetts
a
Commission Expires Oct 9, 2020
h ry Public:
My Commission Expires: tv ( 20267