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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 �� ✓� 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 ETAL 41 07 s' e yT „ }< t 42'33 3-44 01!�22 e� chi 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 ZONING aAssocvm ROH M AT* ..... S,Q.V. $,F, 24, 7"*S, F. w nm= ..... X ff. . lox. , . mff %w S& .....Q fr, SEE. PIMI aw a sm && ...... 5. f7 own wa 0) SEE. PLAN WLF 11 WETLAND DEUNL47ION BY 31 1' WNES HYDROGEOLOGIC CONSULTING 25' WETLAND NO DISTURB WLF 12 AREA RQWM ow ti MAIN STREET Al LOCUS: 141 ASSESSOR'S G APHIC SCALE PLAN (IN rm) I Imob - 20 tL EXISTING CONDITIONS ZONING BOARD OF APPEALS' SITE PLAN NANTUCKET, MA. PREPARED FOR: MIN STREET, TOWN 141 U41N STREET LLC W 41 PARCEL 172 DEED 6K. 1566, PC. 331 D. 2005-61 SCALE: 1`20' a4TE.- JANUARY 6, 2017 1 MICHAEL CONNOLLY & ASSOCIATES INC. PROFESSIONAL LAND SURVEYORS 150 SURFSIDE ROAD NANTUCKET, hik 02554 (508) 228-8910 C -7760 ALL GRADES SHOWN NO OUILD ME EXISTING GRADES wu WLF 14 *IF 15 NIF ---j LL FULL COURSE. LLC wo' / WETLAND SET84CK \ APPROX. NANTUCKET M 169,12' BFflCN ^I 2 Sp ES 2 STY — DM 30.00 -- 37 6' 37.4'� (cm am) 36.7' 3 7.0' 41-171 37.0' NIF WAYMAN FAM&Y OMEVOC48LE TRUST VAM OM oftom 't Pox 70 2 Sjr W /T DWELLNIG 41-455 N00 REALTY TRUST RQWM ow ti MAIN STREET Al LOCUS: 141 ASSESSOR'S G APHIC SCALE PLAN (IN rm) I Imob - 20 tL EXISTING CONDITIONS ZONING BOARD OF APPEALS' SITE PLAN NANTUCKET, MA. PREPARED FOR: MIN STREET, TOWN 141 U41N STREET LLC W 41 PARCEL 172 DEED 6K. 1566, PC. 331 D. 2005-61 SCALE: 1`20' a4TE.- JANUARY 6, 2017 1 MICHAEL CONNOLLY & ASSOCIATES INC. PROFESSIONAL LAND SURVEYORS 150 SURFSIDE ROAD NANTUCKET, hik 02554 (508) 228-8910 C -7760 ZONING CLASSIFICATION: ROH Dosnas J� 1/L MG ..... W A - T4,7Z*S F w now ..... SD. f . 1 gm., . TewT v a sa .....4 5, SEE. PlArl "t soE S8:.... s fT SEE.P.LAN. cam mrn m ... N A SEE.PLML WETLAND DELINATION BY 31 1' IMES KMROGEOLOGIC CONSULTING 11Y 25' ` WETLAND NO DISTURB ".,WLF 12 AREA ' 50' \WLF /3 ARE VUSRNG SGRADES NO BUILD T1�\. HOWN i WLF 16 .� \Mf 14 31 4' \, 42.J.3 -3 32.1`• *IF /57 NF FULL COURSE, LLC WETLAND SET94CK PROPOSED ..� %T FENCE I APPROX. NANTUCKET GIS 169.12" 1OSN A RK; �\ H or 22 OEM sr 37.8" 3B4Od --..__ \ \ \_ \ s r w 3L6� I r-- - WE" DUN DOM Elm 1 / I I l 1 1 I i 14B.JB' MAIN STREET ,.J 7 / /`� ✓ LOCUS: 141 MAIN STREET, TOWN 6 ASSESSOR'S MAP 41 PARCEL 172 GRAPHIC SC PLAN NO. 2005 -61 >o a a I Inch . 20 It PROPOSED CONDITIONS 1 ZONING BOARD OF APPEALS SITE PLAN r" NANTUCKET, MA. PREPARED FOR: 141 MAIN STREET, LLC DEED SK. 1566, PG. 331 SCALE: 1 " =20" DATE ANUARY 6, 2017 MICHAEL CONNOLLY & ASSOCIATES INC. PROFESSIONAL LAND SURVEYORS 150 SURFSIDE ROAD NANTUCKET" MA. 02554 (508) 228 -8910 C -7760 2 ftty, 7' \\/ of Qr-0173SF. (CRN eas) � " �Z'A' � WIC I,AMSW6GIP4E yx7 MAX 36 �� I37. ` N f GROUND POOL 4NI71 J4' MATE vier 3.0' B $e F WAYANN FAIRLY IRREVOCABLE TRUST '- E i 1 _ PROPOSED ,. 1 I OfRO r N POOL � � BLUFSTOfE wW�tPn To BE 2 m W/Y II Im Q.r z BDS)F h I 1 L (t gym) 41 -455 N/F REALTY a r-- - WE" DUN DOM Elm 1 / I I l 1 1 I i 14B.JB' MAIN STREET ,.J 7 / /`� ✓ LOCUS: 141 MAIN STREET, TOWN 6 ASSESSOR'S MAP 41 PARCEL 172 GRAPHIC SC PLAN NO. 2005 -61 >o a a I Inch . 20 It PROPOSED CONDITIONS 1 ZONING BOARD OF APPEALS SITE PLAN r" NANTUCKET, MA. PREPARED FOR: 141 MAIN STREET, LLC DEED SK. 1566, PG. 331 SCALE: 1 " =20" DATE ANUARY 6, 2017 MICHAEL CONNOLLY & ASSOCIATES INC. PROFESSIONAL LAND SURVEYORS 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 TOWN OF NANTUCKET N a a a s a a a a a a a a a a a a a a r a a a a► a a o s r r a r a a a a s� a a a a r N W W W O N q 10 W N ' a W Y a W m U U U U 0 U 0 U U 0 U U U U U U U P N N N N. r r r r N r. r r r 1+ W w W W W w w w a W U J g q N N N N N r r r H 1 r r r O ON m m m m Y J J J J J g q m m q q m J J J J J q q m r a W a N N r O N m J g U W N r m U w r r M U W N M O 0 m J g U a C4 H 10 70 �Fll ty� y N w 9 P w 7y Ne 4 N m m Ce 7e Ss ro T M 9 y w p Om r n r r r r Ul $ Z 4 N H . y y NO Zx W. Z Z G y b P x� 4 ro �yJ, m z a A A m A A r t wq A O � ~ ~ O O 1 gy m S H m Y A H ym 1 0 p vl qOq �m-7 H H Y M H H H M IN O y r O J a O ro W W N r a N g N yy O N U N J q w m yy Q m ro g N to N W g W J U, 0 N %J O b O r w q 01 N q J q - W W J q J U r U ►' O Z r q N r W 07 \ S ro A r \ q A (Nye yp aq m 117 H m 9 m H S ro q 0 l7 O m'�`7 J r b m m 91 �q7 may] S O 77 tmCC' z G YM "��1 Cl l�f N i N n W O l7 KKKK ��ep .i Y r H o m p P1 � iA N M q H ZZZ L� N H aa sa y� yy�� gg SS yy 97�� 11�� yy gg gg b 1� .7 a 1� g x (7 O O N O O O N O O O N O O V r r 0 0 0 0 0 0 0 0 0 0 r O W O O O r O 0 0 g O N 0 0 0 0 q a� q J W m N a r r g q m r r J J V m a i m a g q 0 U► m r a a O r O O g q N a 0 r k+ a r r U J a N q 1+ r 1+ `+ r r r r W m r F+ r r r N r r r. g r ►' r r r r r N N W U q U W r A► P U U U U W U U U r G P Y a► O N a �G a: Ml a. to y7. �ag� 29 x x z x z z z y y m Lr+ ro 9 9 4 1 -3 y M y H -3 t. plro+ H N H z N mO 0 � 9 � z N z y x m3 M x p r y W m H z �w-] r r r .7 H H H H y N a w N r r r w ro a m r I H H tQ H r r N O r m w N qaW S W b W N a a a a a a a a a N N N N N N N N N W W W W W W W W W W W W W W W W W W I b a u e e a a a rl q a m 01 0, J 01 N M J J �+ O w N `+ r y n n w 9 Y � a m K H a 0 0 O O O K i pyyq _ O w w W W W r E r tri r r a g a a b O m W O Z 7i Gm M H N i 4 0 ii 7 7 Y N J O N N N N N r N U U {NA U a p tJ� a a a a N N N N N r r r M W W W W W W W W W O N D PO Oy 10 W r N b s y z M 2 Z i Z W N H N I W H N H 41 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 IK 3��apt1TUC� -�.T�9 �r ;AV, '9pOflAS�� TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: March 8, 2017 .-� A 2 0 1 0-7 cp 00 � f � 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. 3 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